[Congressional Record (Bound Edition), Volume 148 (2002), Part 12]
[Senate]
[Pages 17088-17186]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4563. Mr. BAYH (for himself, Mr. Shelby, Mr. Sessions, Mr. 
Hutchinson, Mr. McConnell, and Mr. Durbin) submitted an amendment 
intended to be proposed to amendment SA 4471 proposed by Mr. Lieberman 
to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; as follows:

       On page 211, between lines 9 and 10, insert the following:

TITLE VI--STRENGTHENED TEMPORARY FLIGHT RESTRICTIONS FOR THE PROTECTION 
                   OF CHEMICAL WEAPONS STORAGE DEPOTS

     SEC. 601. ENFORCEMENT OF TEMPORARY FLIGHT RESTRICTIONS.

       (a) Improved Enforcement.--The Secretary of Defense shall 
     request the Administrator of the Federal Aviation 
     Administration to enforce temporary flight restrictions 
     applicable to Department of Defense depots for the storage of 
     lethal chemical agents and munitions.
       (b) Assessment of Use of Combat Air Patrols and 
     Exercises.--The Secretary shall assess the effectiveness, in 
     terms of deterrence and capabilities for timely response, of 
     current requirements for carrying out combat air patrols and 
     flight training exercises involving combat aircraft over the 
     depots referred to in such subsection.

     SEC. 602. REPORTS ON UNAUTHORIZED INCURSIONS INTO RESTRICTED 
                   AIRSPACE.

       (a) Requirement for Report.--The Administrator of the 
     Federal Aviation Administration shall submit to Congress a 
     report on each incursion of an aircraft into airspace in the 
     vicinity of Department of Defense depots for the storage of 
     lethal chemical agents and munitions in violation of 
     temporary flight restrictions applicable to that airspace. 
     The report shall include a discussion of the actions, if any, 
     that the Administrator has taken or is taking in response to 
     or as a result of the incursion.
       (b) Time for Report.--The report required under subsection 
     (a) regarding an incursion described in such subsection shall 
     be submitted not later than 30 days after the occurrence of 
     the incursion.

     SEC. 603. REVIEW AND REVISION OF TEMPORARY FLIGHT 
                   RESTRICTIONS.

       (a) Requirement To Review and Revise.--The Secretary of 
     Defense shall--
       (1) review the temporary flight restrictions that are 
     applicable to airspace in the vicinity of Department of 
     Defense depots for the storage of lethal chemical agents and 
     munitions, including altitude and radius restrictions; and
       (2) request the Administrator of the Federal Aviation 
     Administration to revise the restrictions, in coordination 
     with the Secretary, to ensure that the restrictions are 
     sufficient to provide an opportunity for--
       (A) timely detection of incursions of aircraft into such 
     airspace; and
       (B) timely response to protect such agents and munitions 
     effectively from threats associated with the incursions.
       (b) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the actions taken under subsection (a). The 
     report shall contain the following:
       (1) The matters considered in the review required under 
     that subsection.
       (2) The revisions of temporary flight restrictions that 
     have been made or requested as a result of the review, 
     together with a discussion of how those revisions ensure the 
     attainment of the objectives specified in paragraph (2) of 
     such subsection.
                                 ______
                                 
  SA 4564. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:
       On page 137, between lines 13 and 14, insert the following:

     SEC. 173. EMPLOYMENT LIMITATIONS.

       (a) Senior Executive Service Noncareer Appointees.--
       (1) In general.--Notwithstanding section 3134(d) of title 
     5, United States Code, the number of Senior Executive Service 
     positions in the Department which are filled by noncareer 
     appointees in any fiscal year may not at any time exceed 5 
     percent of the average number of senior executives employed 
     in Senior Executive Service positions in the Department 
     during the preceding fiscal year.
       (2) Average number of senior executives.--For purposes of 
     this subsection, the average number of senior executives 
     employed in Senior Executive Service positions in the 
     Department during a fiscal year shall be equal to 25 percent 
     of the sum of the total number of senior executives employed 
     in Senior Executive Service positions in the Department on 
     the last day of each quarter of such fiscal year.
       (b) Schedule C Appointees.--The number of positions in the 
     Department which may be excepted from the competitive 
     service, on a temporary or permanent basis, because of their 
     confidential or policy-determining character may not at any 
     time exceed the equivalent of 15 positions.

[[Page 17089]]


                                 ______
                                 
  SA 4565. Mr. FEINGOLD (for himself, Ms. Collins, and Mr. Carper) 
submitted an amendment intended to be proposed to amendment SA 4471 
proposed by Mr. Liberman to the bill H.R. 5005, to establish the 
Department of Homeland Security, and for other purposes; which was 
ordered to lie on the table; as follows:
       On page 103, strike line 17 and all that follows through 
     page 112, line 4, and insert the following:

     SEC. 137. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION.

       (a) Establishment.--There is established within the Office 
     of the Secretary the Office for State and Local Government 
     Coordination, to be headed by a director, which shall oversee 
     and coordinate departmental programs for and relationships 
     with State and local governments.
       (b) Responsibilities.--The Office established under 
     subsection (a) shall--
       (1) coordinate the activities of the Department relating to 
     State and local government;
       (2) assess, and advocate for, the resources needed by State 
     and local government to implement the national strategy for 
     combating terrorism;
       (3) provide State and local government with regular 
     information, research, and technical support to assist local 
     efforts at securing the homeland;
       (4) develop a process for receiving meaningful input from 
     State and local government to assist the development of the 
     Strategy and other homeland security activities; and
       (5) prepare an annual report, that contains--
       (A) a description of the State and local priorities in each 
     of the 50 States based on discovered needs of first responder 
     organizations, including law enforcement agencies, fire and 
     rescue agencies, medical providers, emergency service 
     providers, and relief agencies;
       (B) a needs assessment that identifies homeland security 
     functions in which the Federal role is duplicative of the 
     State or local role, and recommendations to decrease or 
     eliminate inefficiencies between the Federal Government and 
     State and local entities;
       (C) recommendations to Congress regarding the creation, 
     expansion, or elimination of any program to assist State and 
     local entities to carry out their respective functions under 
     the Department; and
       (D) proposals to increase the coordination of Department 
     priorities within each State and between the States.
       (c) Homeland Security Liaison Officers.--
       (1) Designation.--The Secretary shall designate in each 
     State and the District of Columbia not less than 1 employee 
     of the Department to serve as the Homeland Security Liaison 
     Officer in that State or District.
       (2) Duties.--Each Homeland Security Liaison Officer 
     designated under paragraph (1) shall--
       (A) provide State and local government officials with 
     regular information, research, and technical support to 
     assist local efforts at securing the homeland;
       (B) provide coordination between the Department and State 
     and local first responders, including--
       (i) law enforcement agencies;
       (ii) fire and rescue agencies;
       (iii) medical providers;
       (iv) emergency service providers; and
       (v) relief agencies;
       (C) notify the Department of the State and local areas 
     requiring additional information, training, resources, and 
     security;
       (D) provide training, information, and education regarding 
     homeland security for State and local entities;
       (E) identify homeland security functions in which the 
     Federal role is duplicative of the State or local role, and 
     recommend ways to decrease or eliminate inefficiencies;
       (F) assist State and local entities in priority setting 
     based on discovered needs of first responder organizations, 
     including law enforcement agencies, fire and rescue agencies, 
     medical providers, emergency service providers, and relief 
     agencies;
       (G) assist the Department to identify and implement State 
     and local homeland security objectives in an efficient and 
     productive manner;
       (H) serve as a liaison to the Department in representing 
     State and local priorities and concerns regarding homeland 
     security;
       (I) consult with State and local government officials, 
     including emergency managers, to coordinate efforts and avoid 
     duplication; and
       (J) coordinate with Homeland Security Liaison Officers in 
     neighboring States to--
       (i) address shared vulnerabilities; and
       (ii) identify opportunities to achieve efficiencies through 
     interstate activities .
       (d) Federal Interagency Committee on First Responders and 
     State, Local, and Cross-jurisdictional issues.--
       (1) In general.--There is established an Interagency 
     Committee on First Responders and State, Local, and Cross-
     jurisdictional Issues (in this section referred to as the 
     ``Interagency Committee'', that shall--
       (A) ensure coordination, with respect to homeland security 
     functions, among the Federal agencies involved with--
       (i) State, local, and regional governments;
       (ii) State, local, and community-based law enforcement;
       (iii) fire and rescue operations; and
       (iv) medical and emergency relief services;
       (B) identify community-based law enforcement, fire and 
     rescue, and medical and emergency relief services needs;
       (C) recommend new or expanded grant programs to improve 
     community-based law enforcement, fire and rescue, and medical 
     and emergency relief services;
       (D) identify ways to streamline the process through which 
     Federal agencies support community-based law enforcement, 
     fire and rescue, and medical and emergency relief services; 
     and
       (E) assist in priority setting based on discovered needs.
       (2) Membership.--The Interagency Committee shall be 
     composed of--
       (A) a representative of the Office for State and Local 
     Government Coordination;
       (B) a representative of the Health Resources and Services 
     Administration of the Department of Health and Human 
     Services;
       (C) a representative of the Centers for Disease Control and 
     Prevention of the Department of Health and Human Services;
       (D) a representative of the Federal Emergency Management 
     Agency of the Department;
       (E) a representative of the United States Coast Guard of 
     the Department;
       (F) a representative of the Department of Defense;
       (G) a representative of the Office of Domestic Preparedness 
     of the Department;
       (H) a representative of the Directorate of Immigration 
     Affairs of the Department;
       (I) a representative of the Transportation Security Agency 
     of the Department;
       (J) a representative of the Federal Bureau of Investigation 
     of the Department of Justice; and
       (K) representatives of any other Federal agency identified 
     by the President as having a significant role in the purposes 
     of the Interagency Committee.
       (3) Administration.--The Department shall provide 
     administrative support to the Interagency Committee and the 
     Advisory Council, which shall include--
       (A) scheduling meetings;
       (B) preparing agenda;
       (C) maintaining minutes and records;
       (D) producing reports; and
       (E) reimbursing Advisory Council members.
       (4) Leadership.--The members of the Interagency Committee 
     shall select annually a chairperson.
       (5) Meetings.--The Interagency Committee shall meet--
       (A) at the call of the Secretary; or
       (B) not less frequently than once every 3 months.
       (e) Advisory Council for the Interagency Committee.--
       (1) Establishment.--There is established an Advisory 
     Council for the Interagency Committee (in this section 
     referred to as the ``Advisory Council'').
       (2) Membership.--
       (A) In general.--The Advisory Council shall be composed of 
     not more than 13 members, selected by the Interagency 
     Committee.
       (B) Duties.--The Advisory Council shall--
       (i) develop a plan to disseminate information on first 
     response best practices;
       (ii) identify and educate the Secretary on the latest 
     technological advances in the field of first response;
       (iii) identify probable emerging threats to first 
     responders;
       (iv) identify needed improvements to first response 
     techniques and training;
       (v) identify efficient means of communication and 
     coordination between first responders and Federal, State, and 
     local officials;
       (vi) identify areas in which the Department can assist 
     first responders; and
       (vii) evaluate the adequacy and timeliness of resources 
     being made available to local first responders.
       (C) Representation.--The Interagency Committee shall ensure 
     that the membership of the Advisory Council represents--
       (i) the law enforcement community;
       (ii) fire and rescue organizations;
       (iii) medical and emergency relief services; and
       (iv) both urban and rural communities.
       (3) Chairperson.--The Advisory Council shall select 
     annually a chairperson from among its members.
       (4) Compensation of members.--The members of the Advisory 
     Council shall serve without compensation, but shall be 
     eligible for reimbursement of necessary expenses connected 
     with their service to the Advisory Council.
       (5) Meetings.--The Advisory Council shall meet with the 
     Interagency Committee not less frequently than once every 3 
     months.
                                 ______
                                 
  SA 4566. Mr. LEVIN (for himself, Mr. Grassley, Mr. Akaka, and Mr. 
Leahy) submitted an amendment intended to be proposed to amendment SA 
4471 proposed by Mr. Lieberman to the bill H.R. 5005, to establish the 
Department of Homeland Security, and for other

[[Page 17090]]

purposes; which was ordered to lie on the table; as follows:
       On page 211, insert between lines 9 and 10 the following:

 TITLE VI--PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY FEDERAL 
                               EMPLOYEES

     SEC. 601. PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY 
                   FEDERAL EMPLOYEES.

       (a) Clarification of Disclosures Covered.--Section 
     2302(b)(8) of title 5, United States Code, is amended--
       (1) in subparagraph (A)--
       (A) by striking ``which the employee or applicant 
     reasonably believes evidences'' and inserting ``, without 
     restriction to time, place, form, motive, context, or prior 
     disclosure made to any person by an employee or applicant, 
     including a disclosure made in the ordinary course of an 
     employee's duties, that the employee or applicant reasonably 
     believes is evidence of''; and
       (B) in clause (i), by striking ``a violation'' and 
     inserting ``any violation'';
       (2) in subparagraph (B)--
       (A) by striking ``which the employee or applicant 
     reasonably believes evidences'' and inserting ``, without 
     restriction to time, place, form, motive, context, or prior 
     disclosure made to any person by an employee or applicant, 
     including a disclosure made in the ordinary course of an 
     employee's duties, to the Special Counsel, or to the 
     Inspector General of an agency or another employee designated 
     by the head of the agency to receive such disclosures, of 
     information that the employee or applicant reasonably 
     believes is evidence of''; and
       (B) in clause (i), by striking ``a violation'' and 
     inserting ``any violation (other than a violation of this 
     section)''; and
       (3) by adding at the end the following:
       ``(C) a disclosure that--
       ``(i) is made by an employee or applicant of information 
     required by law or Executive order to be kept secret in the 
     interest of national defense or the conduct of foreign 
     affairs that the employee or applicant reasonably believes is 
     evidence of--

       ``(I) any violation of any law, rule, or regulation;
       ``(II) gross mismanagement, a gross waste of funds, an 
     abuse of authority, or a substantial and specific danger to 
     public health or safety; or
       ``(III) a false statement to Congress on an issue of 
     material fact; and

       ``(ii) is made to--

       ``(I) a member of a committee of Congress having a primary 
     responsibility for oversight of a department, agency, or 
     element of the Federal Government to which the disclosed 
     information relates and who is authorized to receive 
     information of the type disclosed;
       ``(II) any other Member of Congress who is authorized to 
     receive information of the type disclosed; or
       ``(III) an employee of the executive branch or Congress who 
     has the appropriate security clearance for access to the 
     information disclosed.''.

       (b) Covered Disclosures.--Section 2302(b) of title 5, 
     United States Code, is amended--
       (1) in the matter following paragraph (12), by striking 
     ``This subsection'' and inserting the following:
       ``This subsection''; and
       (2) by adding at the end the following:
       ``In this subsection, the term `disclosure' means a formal 
     or informal communication or transmission.''.
       (c) Rebuttable Presumption.--Section 2302(b) of title 5, 
     United States Code, is amended by adding after the matter 
     following paragraph (12) (as amended by subsection (b) of 
     this section) the following:
       ``For purposes of paragraph (8), any presumption relating 
     to the performance of a duty by an employee who has authority 
     to take, direct others to take, recommend, or approve any 
     personnel action may be rebutted by substantial evidence.''.
       (d) Nondisclosure Policies, Forms, and Agreements; Security 
     Clearances; and Retaliatory Investigations.--
       (1) Personnel action.--Section 2302(a)(2)(A) of title 5, 
     United States Code, is amended--
       (A) in clause (x), by striking ``and'' after the semicolon; 
     and
       (B) by redesignating clause (xi) as clause (xiv) and 
     inserting after clause (x) the following:
       ``(xi) the implementation or enforcement of any 
     nondisclosure policy, form, or agreement;
       ``(xii) a suspension, revocation, or determination relating 
     to a security clearance;
       ``(xiii) an investigation of an employee or applicant for 
     employment because of any activity protected under this 
     section; and''.
       (2) Prohibited personnel practice.--Section 2302(b) of 
     title 5, United States Code, is amended--
       (A) in paragraph (11), by striking ``or'' at the end;
       (B) in paragraph (12), by striking the period and inserting 
     a semicolon; and
       (C) by inserting after paragraph (12) the following:
       ``(13) implement or enforce any nondisclosure policy, form, 
     or agreement, if such policy, form, or agreement does not 
     contain the following statement:
       ```These provisions are consistent with and do not 
     supersede, conflict with, or otherwise alter the employee 
     obligations, rights, or liabilities created by Executive 
     Order No. 12958; section 7211 of title 5, United States Code 
     (governing disclosures to Congress); section 1034 of title 
     10, United States Code (governing disclosure to Congress by 
     members of the military); section 2302(b)(8) of title 5, 
     United States Code (governing disclosures of illegality, 
     waste, fraud, abuse, or public health or safety threats); the 
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 
     et seq.) (governing disclosures that could expose 
     confidential Government agents); and the statutes which 
     protect against disclosures that could compromise national 
     security, including sections 641, 793, 794, 798, and 952 of 
     title 18, United States Code, and section 4(b) of the 
     Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)). 
     The definitions, requirements, obligations, rights, 
     sanctions, and liabilities created by such Executive order 
     and such statutory provisions are incorporated into this 
     agreement and are controlling.'; or
       ``(14) conduct, or cause to be conducted, an investigation 
     of an employee or applicant for employment because of any 
     activity protected under this section.''.
       (3) Board and court review of actions relating to security 
     clearances.--
       (A) In general.--Chapter 77 of title 5, United States Code, 
     is amended by inserting after section 7702 the following:

     ``Sec. 7702a. Actions relating to security clearances

       ``(a) In any appeal relating to the suspension, revocation, 
     or other determination relating to a security clearance, the 
     Merit Systems Protection Board or a court--
       ``(1) shall determine whether section 2302 was violated;
       ``(2) may not order the President to restore a security 
     clearance; and
       ``(3) subject to paragraph (2), may issue declaratory 
     relief and any other appropriate relief.
       ``(b)(1) If, in any final judgment, the Board or court 
     declares that any suspension, revocation, or other 
     determination with regards to a security clearance was made 
     in violation of section 2302, the affected agency shall 
     conduct a review of that suspension, revocation, or other 
     determination, giving great weight to the Board or court 
     judgment.
       ``(2) Not later than 30 days after any Board or court 
     judgment declaring that a security clearance suspension, 
     revocation, or other determination was made in violation of 
     section 2302, the affected agency shall issue an unclassified 
     report to the congressional committees of jurisdiction (with 
     a classified annex if necessary), detailing the circumstances 
     of the agency's security clearance suspension, revocation, or 
     other determination. A report under this paragraph shall 
     include any proposed agency action with regards to the 
     security clearance.
       ``(c) An allegation that a security clearance was revoked 
     or suspended in retaliation for a protected disclosure shall 
     receive expedited review by the Office of Special Counsel, 
     the Merit Systems Protection Board, and any reviewing 
     court.''.
       (B) Technical and Conforming Amendment.--The table of 
     sections for chapter 77 of title 5, United States Code, is 
     amended by inserting after the item relating to section 7702 
     the following:

``7702a. Actions relating to security clearances.''.
       (e) Exclusion of Agencies by the President.--Section 
     2302(a)(2)(C) of title 5, United States Code, is amended by 
     striking clause (ii) and inserting the following:
       ``(ii)(I) the Federal Bureau of Investigation, the Central 
     Intelligence Agency, the Defense Intelligence Agency, the 
     National Imagery and Mapping Agency, the National Security 
     Agency; and
       ``(II) as determined by the President, any Executive agency 
     or unit thereof the principal function of which is the 
     conduct of foreign intelligence or counterintelligence 
     activities, if the determination (as that determination 
     relates to a personnel action) is made before that personnel 
     action; or''.
       (f) Attorney Fees.--Section 1204(m)(1) of title 5, United 
     States Code, is amended by striking ``agency involved'' and 
     inserting ``agency where the prevailing party is employed or 
     has applied for employment''.
       (g) Compensatory Damages.--Section 1214(g)(2) of title 5, 
     United States Code, is amended by inserting ``compensatory 
     or'' after ``forseeable''.
       (h) Disciplinary Action.--Section 1215 of title 5, United 
     States Code, is amended in subsection (a), by striking 
     paragraph (3) and inserting the following:
       ``(3)(A) A final order of the Board may impose disciplinary 
     action consisting of removal, reduction in grade, debarment 
     from Federal employment for a period not to exceed 5 years, 
     suspension, reprimand, or an assessment of a civil penalty 
     not to exceed $1000.
       ``(B) In any case in which the Board finds that an employee 
     has committed a prohibited personnel practice under section 
     2303(b) (8) or (9), the Board shall impose disciplinary 
     action if the Board finds that protected activity was a 
     significant motivating factor in the decision to take, fail 
     to take, or threaten to take or fail to take a personnel 
     action, unless that employee demonstrates, by preponderance 
     of evidence, that the employee

[[Page 17091]]

     would have taken, failed to take, or threatened to take or 
     fail to take the same personnel action, in the absence of 
     such protected activity.''.
       (i) Disclosures to Congress.--Section 2302 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(f) Each agency shall establish a process that provides 
     confidential advice to employees on making a lawful 
     disclosure to Congress of information that is specifically 
     required by Executive order to be kept secret in the interest 
     of national defense or the conduct of foreign affairs.''.
       (j) Authority of Special Counsel Relating to Civil 
     Actions.--
       (1) Representation of special counsel.--Section 1212 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``(h) Except as provided in section 518 of title 28, 
     relating to litigation before the Supreme Court, attorneys 
     designated by the Special Counsel may appear for the Special 
     Counsel and represent the Special Counsel in any civil action 
     brought in connection with section 2302(b)(8) or subchapter 
     III of chapter 73, or as otherwise authorized by law.''.
       (2) Judicial review of merit systems protection board 
     decisions.--Section 7703 of title 5, United States Code, is 
     amended by adding at the end the following:
       ``(e)(1) Except as provided under paragraph (2), this 
     paragraph shall apply to any review obtained by the Special 
     Counsel. The Special Counsel may obtain review of any final 
     order or decision of the Board by filing a petition for 
     judicial review in the United States Court of Appeals for the 
     Federal Circuit if the Special Counsel determines, in the 
     discretion of the Special Counsel, that the Board erred in 
     deciding a case arising under section 2302(b)(8) or 
     subchapter III of chapter 73 and that the Board's decision 
     will have a substantial impact on the enforcement of section 
     2302(b)(8) or subchapter III of chapter 73. If the Special 
     Counsel was not a party or did not intervene in a matter 
     before the Board, the Special Counsel may not petition for 
     review of a Board decision under this section unless the 
     Special Counsel first petitions the Board for reconsideration 
     of its decision, and such petition is denied. In addition to 
     the named respondent, the Board and all other parties to the 
     proceedings before the Board shall have the right to appear 
     in the proceedings before the Court of Appeals. The granting 
     of the petition for judicial review shall be at the 
     discretion of the Court of Appeals.
       ``(2) During the 5-year period beginning on February 1, 
     2003, this paragraph shall apply to any review obtained by 
     the Special Counsel. The Special Counsel may obtain review of 
     any final order or decision of the Board by filing a petition 
     for judicial review in the United States Court of Appeals for 
     the Federal Circuit or any court of appeals of competent 
     jurisdiction if the Special Counsel determines, in the 
     discretion of the Special Counsel, that the Board erred in 
     deciding a case arising under section 2302(b)(8) or 
     subchapter III of chapter 73 and that the Board's decision 
     will have a substantial impact on the enforcement of section 
     2302(b)(8) or subchapter III of chapter 73. If the Special 
     Counsel was not a party or did not intervene in a matter 
     before the Board, the Special Counsel may not petition for 
     review of a Board decision under this section unless the 
     Special Counsel first petitions the Board for reconsideration 
     of its decision, and such petition is denied. In addition to 
     the named respondent, the Board and all other parties to the 
     proceedings before the Board shall have the right to appear 
     in the proceedings before the court of appeals. The granting 
     of the petition for judicial review shall be at the 
     discretion of the court of appeals.''.
       (k) Judicial Review.--
       (1) In general.--Section 7703(b) of title 5, United States 
     Code, is amended by striking paragraph (1) and inserting the 
     following:
       ``(b)(1)(A) Except as provided in subparagraph (B) and 
     paragraph (2) of this subsection, a petition to review a 
     final order or final decision of the Board shall be filed in 
     the United States Court of Appeals for the Federal Circuit. 
     Notwithstanding any other provision of law, any petition for 
     review must be filed within 60 days after the date the 
     petitioner received notice of the final order or decision of 
     the Board.
       ``(B) During the 5-year period beginning on February 1, 
     2003, a petition to review a final order or final decision of 
     the Board shall be filed in the United States Court of 
     Appeals for the Federal Circuit or the United States Court of 
     Appeals for the circuit in which the petitioner resides. 
     Notwithstanding any other provision of law, any petition for 
     review must be filed within 60 days after the date the 
     petitioner received notice of the final order or decision of 
     the Board.''.
       (2) Review obtained by office of personnel management.--
     Section 7703 of title 5, United States Code, is amended by 
     striking subsection (d) and inserting the following:
       ``(d)(1) Except as provided under paragraph (2), this 
     paragraph shall apply to any review obtained by the Director 
     of the Office of Personnel Management. The Director of the 
     Office of Personnel Management may obtain review of any final 
     order or decision of the Board by filing, within 60 days 
     after the date the Director received notice of the final 
     order or decision of the Board, a petition for judicial 
     review in the United States Court of Appeals for the Federal 
     Circuit if the Director determines, in his discretion, that 
     the Board erred in interpreting a civil service law, rule, or 
     regulation affecting personnel management and that the 
     Board's decision will have a substantial impact on a civil 
     service law, rule, regulation, or policy directive. If the 
     Director did not intervene in a matter before the Board, the 
     Director may not petition for review of a Board decision 
     under this section unless the Director first petitions the 
     Board for a reconsideration of its decision, and such 
     petition is denied. In addition to the named respondent, the 
     Board and all other parties to the proceedings before the 
     Board shall have the right to appear in the proceeding before 
     the Court of Appeals. The granting of the petition for 
     judicial review shall be at the discretion of the Court of 
     Appeals.
       ``(2) During the 5-year period beginning on February 1, 
     2003, this paragraph shall apply to any review obtained by 
     the Director of the Office of Personnel Management. The 
     Director of the Office of Personnel Management may obtain 
     review of any final order or decision of the Board by filing, 
     within 60 days after the date the Director received notice of 
     the final order or decision of the Board, a petition for 
     judicial review in any appellate court of competent 
     jurisdiction as provided under subsection (b)(2) if the 
     Director determines, in his discretion, that the Board erred 
     in interpreting a civil service law, rule, or regulation 
     affecting personnel management and that the Board's decision 
     will have a substantial impact on a civil service law, rule, 
     regulation, or policy directive. If the Director did not 
     intervene in a matter before the Board, the Director may not 
     petition for review of a Board decision under this section 
     unless the Director first petitions the Board for a 
     reconsideration of its decision, and such petition is denied. 
     In addition to the named respondent, the Board and all other 
     parties to the proceedings before the Board shall have the 
     right to appear in the proceeding before the court of 
     appeals. The granting of the petition for judicial review 
     shall be at the discretion of the Court of Appeals.''.
       (l) Nondisclosure Policies, Forms, and Agreements.--
       (1) In general.--
       (A) Requirement.--Each agreement in Standard Forms 312 and 
     4414 of the Government and any other nondisclosure policy, 
     form, or agreement of the Government shall contain the 
     following statement: ``These restrictions are consistent with 
     and do not supersede, conflict with, or otherwise alter the 
     employee obligations, rights, or liabilities created by 
     Executive Order No. 12958; section 7211 of title 5, United 
     States Code (governing disclosures to Congress); section 1034 
     of title 10, United States Code (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code (governing disclosures of 
     illegality, waste, fraud, abuse or public health or safety 
     threats); the Intelligence Identities Protection Act of 1982 
     (50 U.S.C. 421 et seq.) (governing disclosures that could 
     expose confidential Government agents); and the statutes 
     which protect against disclosure that may compromise the 
     national security, including sections 641, 793, 794, 798, and 
     952 of title 18, United States Code, and section 4(b) of the 
     Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
     definitions, requirements, obligations, rights, sanctions, 
     and liabilities created by such Executive order and such 
     statutory provisions are incorporated into this agreement and 
     are controlling.''
       (B) Enforceability.--Any nondisclosure policy, form, or 
     agreement described under subparagraph (A) that does not 
     contain the statement required under subparagraph (A) may not 
     be implemented or enforced to the extent such policy, form, 
     or agreement is inconsistent with that statement.
       (2) Persons other than federal employees.--Notwithstanding 
     paragraph (1), a nondisclosure policy, form, or agreement 
     that is to be executed by a person connected with the conduct 
     of an intelligence or intelligence-related activity, other 
     than an employee or officer of the United States Government, 
     may contain provisions appropriate to the particular activity 
     for which such document is to be used. Such form or agreement 
     shall, at a minimum, require that the person will not 
     disclose any classified information received in the course of 
     such activity unless specifically authorized to do so by the 
     United States Government. Such nondisclosure forms shall also 
     make it clear that such forms do not bar disclosures to 
     Congress or to an authorized official of an executive agency 
     or the Department of Justice that are essential to reporting 
     a substantial violation of law.
                                 ______
                                 
  SA 4567. Mr. LEVIN (for himself and Mr. McConnell, submitted an 
amendment intended to be proposed to the bill H.R. 5005, to establish 
the Department of Homeland Security, and for other purposes; which was 
ordered to lie on the table; as follows:
       At the appropriate place, insert the following:

     SEC. __. PRIVATE SECURITY OFFICERS RECORD REVIEWS.

       (a) Findings.--Congress finds that--

[[Page 17092]]

       (1) employment of private security officers in the United 
     States is growing rapidly;
       (2) private security officers function as an adjunct to, 
     but not a replacement for, public law enforcement by helping 
     to reduce and prevent crime;
       (3) such private security officers protect individuals, 
     property, and proprietary information, and provide protection 
     to such diverse operations as banks, hospitals, research and 
     development centers, manufacturing facilities, defense and 
     aerospace contractors, high technology businesses, nuclear 
     power plants, chemical companies, oil and gas refineries, 
     airports, communication facilities and operations, office 
     complexes, schools, residential properties, apartment 
     complexes, gated communities, and others;
       (4) sworn law enforcement officers provide significant 
     services to the citizens of the United States in its public 
     areas, and are supplemented by private security officers;
       (5) the threat of additional terrorist attacks requires 
     cooperation between public and private sectors and demands 
     professional, reliable, and responsible security officers for 
     the protection of people, facilities, and institutions;
       (6) the trend in the Nation toward growth in such security 
     services has accelerated rapidly;
       (7) such growth makes available more public sector law 
     enforcement officers to combat serious and violent crimes, 
     including terrorism;
       (8) the American public deserves the employment of 
     qualified, well-trained private security personnel as an 
     adjunct to sworn law enforcement officers; and
       (9) private security officers and applicants for private 
     security officer positions should be thoroughly screened and 
     trained.
       (b) Definitions.--In this section:
       (1) Employee.--The term ``employee'' includes both a 
     current employee and an applicant for employment as a private 
     security officer.
       (2) Authorized employer.--The term ``authorized employer'' 
     means any person that--
       (A) employs private security officers; and
       (B) is authorized by regulations promulgated by the 
     Attorney General to request a criminal history record 
     information search of an employee through a State 
     identification bureau pursuant to this section.
       (3) Private security officer.-- The term ``private security 
     officer''--
       (A) means an individual other than an employee of a 
     Federal, State, or local government, whose primary duty is to 
     perform security services, full- or part-time, for 
     consideration, whether armed or unarmed and in uniform or 
     plain clothes; but
       (B) does not include--
       (i) employees whose duties are primarily internal audit or 
     credit functions;
       (ii) employees of electronic security system companies 
     acting as technicians or monitors; or
       (iii) employees whose duties primarily involve the secure 
     movement of prisoners.
       (4) Security services.--The term ``security services'' 
     means acts to protect people or property as defined by 
     regulations promulgated by the Attorney General.
       (5) State identification bureau.--The term ``State 
     identification bureau'' means the State entity designated by 
     the Attorney General for the submission and receipt of 
     criminal history record information.
       (c) Criminal History Record Information Search.--
       (1) In general.--
       (A) Submission of fingerprints.--An authorized employer may 
     submit to the State identification bureau of a participating 
     State, fingerprints or other means of positive 
     identification, as determined by the Attorney General, of an 
     employee of such employer for purposes of a criminal history 
     record information search pursuant to this section.
       (B) Employee rights.--
       (i) Permission.--An authorized employer shall obtain 
     written consent from an employee to submit to the State 
     identification bureau of a participating State the request to 
     search the criminal history record information of the 
     employee under this section.
       (ii) Access.--An authorized employer shall provide to the 
     employee confidential access to any information relating to 
     the employee received by the authorized employer pursuant to 
     this section.
       (C) Providing information to the state identification 
     bureau.--Upon receipt of a request for a criminal history 
     record information search from an authorized employer 
     pursuant to this section, submitted through the State 
     identification bureau of a participating State, the Attorney 
     General shall--
       (i) search the appropriate records of the Criminal Justice 
     Information Services Division of the Federal Bureau of 
     Investigation; and
       (ii) promptly provide any resulting identification and 
     criminal history record information to the submitting State 
     identification bureau requesting the information.
       (D) Use of information.--
       (i) In general.--Upon receipt of the criminal history 
     record information from the Attorney General by the State 
     identification bureau, the information shall be used only as 
     provided in clause (ii).
       (ii) Terms.--In the case of--

       (I) a participating State that has no State standards for 
     qualification to be a private security officer, the State 
     shall notify an authorized employer as to the fact of whether 
     an employee has been convicted of a felony, an offense 
     involving dishonesty or a false statement if the conviction 
     occurred during the previous 10 years, or an offense 
     involving the use or attempted use of physical force against 
     the person of another if the conviction occurred during the 
     previous 10 years; or
       (II) a participating State that has State standards for 
     qualification to be a private security officer, the State 
     shall use the information received pursuant to this section 
     in applying the State standards and shall only notify the 
     employer of the results of the application of the State 
     standards.

       (E) Frequency of requests.--An authorized employer may 
     request a criminal history record information search for an 
     employee only once every 12 months of continuous employment 
     by that employee unless the authorized employer has good 
     cause to submit additional requests.
       (2) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall issue such 
     final or interim final regulations as may be necessary to 
     carry out this section, including--
       (A) measures relating to the security, confidentiality, 
     accuracy, use, submission, dissemination, and destruction of 
     information and audits, and recordkeeping;
       (B) standards for qualification as an authorized employer; 
     and
       (C) the imposition of reasonable fees necessary for 
     conducting the background checks.
       (3) Criminal penalty.--Whoever falsely certifies that he 
     meets the applicable standards for an authorized employer or 
     who knowingly and intentionally uses any information obtained 
     pursuant to this section other than for the purpose of 
     determining the suitability of an individual for employment 
     as a private security officer shall be fined under title 18, 
     United States Code, or imprisoned for not more than 2 years, 
     or both.
       (4) User fees.--
       (A) In general.--The Director of the Federal Bureau of 
     Investigation may--
       (i) collect fees pursuant to regulations promulgated under 
     paragraph (2) to process background checks provided for by 
     this section;
       (ii) notwithstanding the provisions of section 3302 of 
     title 31, United States Code, retain and use such fees for 
     salaries and other expenses incurred in providing such 
     processing; and
       (iii) establish such fees at a level to include an 
     additional amount to remain available until expended to 
     defray expenses for the automation of fingerprint 
     identification and criminal justice information services and 
     associated costs.
       (B) State costs.--Nothing in this section shall be 
     construed as restricting the right of a State to assess a 
     reasonable fee on an authorized employer for the costs to the 
     State of administering this section.
       (5) State opt out.--A State may decline to participate in 
     the background check system authorized by this section by 
     enacting a law or issuing an order by the Governor (if 
     consistent with State law) providing that the State is 
     declining to participate pursuant to this paragraph.
                                 ______
                                 
  SA 4568. Mr. HOLLINGS (for himself, Mr. McCain, Mr. Reid, Mr. 
Jeffords, Mr. Carper, and Mr. Torricelli) submitted an amendment 
intended to be proposed to amendment SA 4471 proposed by Mr. Lieberman 
to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 170 and insert the following:

     SEC. 170. REVIEW OF TRANSPORTATION SECURITY ENHANCEMENTS.

       (a) Review of Transportation Vulnerabilities and Federal 
     Transportation Security Efforts.--The Comptroller General 
     shall conduct a detailed, comprehensive study which shall--
       (1) review all available intelligence on terrorist threats 
     against aviation, seaport, rail, motor carrier, motor coach, 
     pipeline, highway, and transit facilities and equipment;
       (2) review all available information on vulnerabilities of 
     the aviation, seaport, rail, motor carrier, motor coach, 
     pipeline, highway, and transit modes of transportation to 
     terrorist attack; and
       (3) review the steps taken by public and private entities 
     since September 11, 2001, to improve aviation, seaport, rail, 
     motor carrier, motor coach, pipeline, highway, and transit 
     security to determine their effectiveness at protecting 
     passengers, freight (including hazardous materials), and 
     transportation infrastructure from terrorist attack.
       (b) Report.--
       (1) Content.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall prepare 
     and submit to Congress, the Secretary, and the Secretary of 
     Transportation a comprehensive report, without compromising 
     national security, containing--
       (A) the findings and conclusions from the reviews conducted 
     under subsection (a); and

[[Page 17093]]

       (B) proposed steps to improve any deficiencies found in 
     aviation, seap0ort, rail, motor carrier, motor coach, 
     pipeline, highway, and transit security, including, to the 
     extent possible, the cost of implementing the steps.
       (2) Format.--The Comptroller General may submit the report 
     in both classified and redacted format if the Comptroller 
     General determines that such action is appropriate or 
     necessary.
       (c) Response of the Secretary.--
       (1) In general.--Not alter than 90 days after the date on 
     which the report under this section is submitted to the 
     Secretary, the Secretary shall provide to the President and 
     Congress--
       (A) the response of the Department to the recommendations 
     of the report; and
       (B) recommendations of the Department to further protect 
     passengers and transportation infrastructure from terrorist 
     attack.
       (2) Formats.--The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is necessary or appropriate.
       (d) Reports Provided to Committees.--In furnishing the 
     report required by subsection (b), and the Secretary's 
     response and recommendations under subsection (c), to the 
     Congress, the Comptroller General and the Secretary, 
     respectively, shall ensure that the report, response, and 
     recommendations are transmitted to the Senate Committee on 
     Commerce, Science, and Transportation, the Senate Committee 
     on Environment and Public Works, and the House of 
     Representatives Committee on Transportation and 
     Infrastructure.
                                 ______
                                 
  SA 4569. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:
       Insert after section 172, the following:

     SEC. 173. REPEAL OF IMMUNITY FOR CUSTOMS OFFICERS IN 
                   CONDUCTING CERTAIN SEARCHES.

       (a) In General.--Section 3061 of the Revised Statutes is 
     amended--
       (1) in subsection (a), by striking ``(a)''; and
       (2) by striking subsection (b).
       (b) Trade Act of 2002.--The Trade Act of 2002 is amended--
       (1) by striking section 341; and
       (2) in the table of contents, by striking the item relating 
     to section 341.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in chapter 4 of title III of 
     the Trade Act of 2002.
                                 ______
                                 
  SA 4570. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:
       On page 147, after line 25, add the following:
       (e) Information Analysis Report.--
       (1) Purposes.--The purposes of this subsection are to--
       (A) require the Secretary, for the first 5 years after the 
     date of enactment of this Act, to submit a semi-annual report 
     to Congress on--
       (i) the specific policies and procedures governing the 
     sharing of law enforcement, intelligence, and other 
     information relating to threats of terrorism against the 
     United States and other threats to homeland security within 
     the Federal government, including the Federal Bureau of 
     Investigation, and between the Federal Government, State and 
     local governments, local law enforcement, and intelligence 
     agencies;
       (ii) the specific policies and procedures for the tasking 
     of information between the Department and the Federal 
     Government, including the Federal Bureau of Investigation, 
     and between the Federal Government, State and local 
     governments, local law enforcement, and intelligence 
     agencies; and
       (iii) the nature of law enforcement information the 
     Department has received from the Federal Bureau of 
     Investigation and State and local law enforcement agencies;
       (B) provide relevant information to Congress to assist in 
     determining if the sharing of intelligence between the 
     Department and the Federal Bureau of Investigation is working 
     efficiently and effectively; and
       (C) enable Congress to accurately determine if the 
     Department is working effectively with the Federal, State, 
     and local law enforcement agencies so that an accurate and 
     useful exchange of information occurs between the Department 
     and such agencies.
       (2) Reporting requirements.--
       (A) In general.--The Department shall study the issues 
     under subparagraph (B) and submit a report of such study to 
     Congress not less than every 6 months during the 5 years 
     following enactment of this Act, without disclosing the 
     actual substance of any information relating to national 
     security.
       (B) Issues to be studied.--The report under subparagraph 
     (A) shall include--
       (i) the policies and procedures developed by the 
     Department--

       (I) to obtain relevant information from the Federal 
     Government (including the Federal Bureau of Investigation) 
     and State and local law enforcement agencies;
       (II) to request follow-up information and investigation 
     from such entities; and
       (III) for sharing information with other Federal, State, 
     and local government agencies;

       (ii) the specific rules and practices developed between the 
     Department and other Federal, State, and local government 
     agencies;
       (iii) the nature and type of information--

       (I) shared with Federal, State, and local government 
     agencies; and
       (II) related to law enforcement, intelligence, and homeland 
     security that was received by the Department during the 
     relevant reporting period, including reports, documents, 
     summaries, tapes, and photographs;

       (iv) a list of the agencies that have received information 
     under clause (iii)(I), including whether the information was 
     provided by the Department upon the request of such agency;
       (v) a summary of the items received by the Department from 
     the Federal Bureau of Investigation, including--

       (I) individual witness grand jury transcripts;
       (II) notes of witness interviews
       (III) wire-tap applications;
       (IV) wire-tap transcripts (including actual tapes);
       (V) search warrant applications;
       (VI) search warrants;
       (VII) photographs;
       (VIII) videos;
       (IX) computer disks;
       (X) summary reports; and
       (XI) any other relevant items;

       (vi) the nature of the follow-up requests made by the 
     Department--

       (I) for information and intelligence from the Federal 
     Bureau of Investigation;
       (II) for raw intelligence data from the Federal Bureau of 
     Investigation; and
       (III) that required additional investigation by the Federal 
     Bureau of Investigation;

       (vii) the nature of each follow-up request made by the 
     Department to the Federal Bureau of Investigation, including 
     whether the request related to a witness interview, subpoena 
     information, surveillance, or undercover work;
       (viii) the efforts that have been made by the Department 
     and the Federal Bureau of Investigation to improve 
     interdepartmental communication, including the development of 
     computer programs to facilitate electronic communication 
     between the Department and the Federal Bureau of 
     Investigation;
       (ix) the general nature of investigations conducted by 
     analysts of the Department and any similar analyses performed 
     by the Federal Bureau of Investigation; and
       (x) the identification of the method of transmission of all 
     information provided to the Department, whether transmitted 
     by mail, computer, or messenger.
                                 ______
                                 
  SA 4571. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:
       In the amendment strike all after the first word and insert 
     the following:

     SEC. __. EMPLOYEE RIGHTS.

       (a) Definition.--In this section, the term ``primary job 
     duty'' means a job duty that occupies not less than 25 
     percent of the job duties of an employee of the Department.
       (b) Transferred Agencies.--The Department, or a subdivision 
     of the Department, that includes an entity or organizational 
     unit, or subdivision thereof, transferred under this Act, or 
     performs functions transferred under this Act shall not be 
     excluded from coverage of chapter 71 of title 5, United 
     States Code, as a result of any order issued under section 
     7103(b)(1) of title 5, United States Code, after July 19, 
     2002.
       (c) Transferred Employees.--An employee, or class of 
     employees who share the same job duties, transferred to the 
     Department under this Act, in an appropriate unit under 
     section 7112 of title 5, United States Code, prior to the 
     transfer, shall not be excluded from a unit under subsection 
     (b)(6) of that section, unless--
       (1) the primary job duty of the employee or class of 
     employees has materially changed after the transfer;
       (2) the primary job duty of the employee or class of 
     employees after such change consists of intelligence, 
     counterintelligence, or investigative duties directly related 
     to the investigation of terrorism; and
       (3) it is demonstrated that membership in a unit and 
     coverage under chapter 71 of title 5, United States Code, 
     cannot be applied in a manner that would not have a 
     substantial adverse effect on national security.
       (d) Other Agencies and Employees.--
       (1) Exclusion of subdivision.--Subject to subsection (b), a 
     subdivision of the Department shall not be excluded from 
     coverage under chapter 71 of title 5, United States

[[Page 17094]]

     Code, under section 7103(b)(1) of that title, unless--
       (A) the subdivision has, as a primary function, 
     intelligence, counterintelligence, or investigative duties 
     directly related to terrorism investigation; and
       (B) the provisions of that chapter cannot be applied to 
     that subdivision in a manner consistent with national 
     security requirements and considerations.
       (2) Exclusion of employee.--Subject to subsection (c), an 
     employee of the Department or class of employees of the 
     Department who share the same job duties shall not be 
     excluded from a unit under section 7112(b)(6) of title 5, 
     United States Code, unless--
       (A) the primary job duty of the employee or class of 
     employees consists of intelligence, counterintelligence, or 
     investigative duties directly related to terrorism 
     investigation; and
       (B) it is demonstrated that membership in a unit and 
     coverage under chapter 71 of title 5, United States Code, 
     cannot be applied in a manner that would not have a 
     substantial adverse effect on national security.
       (e) Prior Exclusion.--Subsections (b) through (d) shall not 
     apply to any entity or organizational unit, or subdivision 
     thereof, transferred to the Department under this Act that, 
     on July 19, 2002, was excluded from coverage under chapter 71 
     of title 5, United States Code, under section 7103(b)(1) of 
     that title.
       (f) Removal From Unit During Pendency of Proceeding.--No 
     employee or class of employees of the Department shall be a 
     member of a unit during the pendency of any proceeding before 
     the Federal Labor Relations Authority in which the Department 
     has asserted that the employee or class of employees may not 
     be included in a unit under section 7112(b)(6) of title 5, 
     United States Code.
       (g) National Security Showing Rebuttable Only by Clear and 
     Convincing Evidence.--In any proceeding referred to in 
     subsection (f), if the Department has made the showing 
     regarding national security as set forth in subsection (c)(3) 
     and subsection (d)(2)(B), the showing may be rebutted only by 
     clear and convincing evidence.
       (h) Expedited Review.--The Authority shall grant priority 
     consideration to a unit clarification petition with respect 
     to which the Department asserts that any employee or class of 
     employees may not be included in a unit under section 
     7112(b)(6) of title 5, United States Code. In any such 
     proceeding, the parties shall follow the following expedited 
     procedures:
       (1) The Department shall provide any information requested 
     by the Regional Director of the Authority within 10 days 
     after the request is made.
       (2) A hearing on the petition shall be commenced within 15 
     days of receipt of the requested information, if any, by the 
     Authority and the parties.
       (3) If briefs are filed after the conclusion of the 
     hearing, the Regional Director shall issue a decision within 
     30 days after the receipt of the briefs, and if no briefs are 
     filed, no later than 45 days after the conclusion of the 
     hearings.
       (4) The parties shall have 15 days to appeal after the 
     receipt of the decision of the Regional Director.
       (5) If the Authority does not accept the appeal within 30 
     days, the Regional Director's decision becomes final.
       (6) If the Authority accepts the appeal, a decision by the 
     Authority shall issue within 30 days.
       (7) There shall be no judicial review of the decision of 
     the Authority.

     SEC. __. PREEMPTED PROVISIONS.

       Notwithstanding any other provision of this Act, including 
     any effective date provision, the following provisions of 
     this Act shall not take effect:
       (1)Sec. 187(f)(1).
       The provisions of this section shall take effect one day 
     after the date of this bill's enactment.
                                 ______
                                 
  SA 4572. Mr. CLELAND submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:
       On page 70, strike lines 9 through 13 and insert the 
     following:
       (10) Consulting with the Centers for Disease Control and 
     Prevention in the administration by the Centers of the 
     Strategic National Stockpile.
       On page 72, line 22, strike all through page 73, line 2.
                                 ______
                                 
  SA 4573. Mrs. BOXER (for herself, Mr. Inouye, and Mr. Campbell) 
proposed an amendment to amendment SA 4472 proposed by Mr. Byrd to the 
bill H.R. 5093, making appropriations for the Department of the 
Interior and related agencies for the fiscal year ending September 30, 
2003, and for other purposes; as follows:
       On page 64, between lines 15 and 16, insert the following:

     SEC. 1__. IMPERIAL PROJECT.

       Notwithstanding any other provision of law, none of the 
     funds provided by this Act or under any other Act may be used 
     by the Secretary of the Interior to determine the validity of 
     mining claims of, or to approve the plan of operations 
     submitted by, the Glamis Imperial Corporation for the 
     Imperial project, an open-pit gold mine located on public 
     land administered by the Bureau of Land Management in 
     Imperial County, California.
                                 ______
                                 
  SA 4574. Mr. BURNS (for Mr. Brownback) proposed an amendment to 
amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
as follows:
       On page 64, between lines 15 and 16, insert the following:

     SEC. 1__. EFFECT OF CERTAIN PROVISIONS ON DECISION AND INDIAN 
                   LAND.

       (a) In General.--Nothing in section 134 of the Department 
     of the Interior and Related Agencies Appropriations Act, 2002 
     (115 Stat. 443) affects the decision of the United States 
     Court of Appeals for the 10th Circuit in Sac and Fox Nation 
     v. Norton, 240 F.3d 1250 (2001).
       (b) Use of Certain Indian Land.--Nothing in this section 
     permits the conduct of gaming under the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.) on land described in 
     section 123 of the Department of the Interior and Related 
     Agencies Appropriations Act, 2001 (114 Stat. 944), or land 
     that is contiguous to that land, regardless of whether the 
     land or contiguous land has been taken into trust by the 
     Secretary of the Interior.
                                 ______
                                 
  SA 4575. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:
       At the appropriate place, insert the following:

     SEC. __. EMPLOYEE RIGHTS.

       (a) Definition.--In this section, the term ``primary job 
     duty'' means a job duty that occupies not less than 25 
     percent of the job duties of an employee of the Department.
       (b) Transferred Agencies.--The Department, or a subdivision 
     of the Department, that includes an entity or organizational 
     unit, or subdivision thereof, transferred under this Act, or 
     performs functions transferred under this Act shall not be 
     excluded from coverage of chapter 71 of title 5, United 
     States Code, as a result of any order issued under section 
     7103(b)(1) of title 5, United States Code, after July 19, 
     2002.
       (c) Transferred Employees.--An employee, or class of 
     employees who share the same job duties, transferred to the 
     Department under this Act, in an appropriate unit under 
     section 7112 of title 5, United States Code, prior to the 
     transfer, shall not be excluded from a unit under subsection 
     (b)(6) of that section, unless--
       (1) the primary job duty of the employee or class of 
     employees has materially changed after the transfer;
       (2) the primary job duty of the employee or class of 
     employees after such change consists of intelligence, 
     counterintelligence, or investigative duties directly related 
     to the investigation of terrorism; and
       (3) it is demonstrated that membership in a unit and 
     coverage under chapter 71 of title 5, United States Code, 
     cannot be applied in a manner that would not have a 
     substantial adverse effect on national security.
       (d) Other Agencies and Employees.--
       (1) Exclusion of subdivision.--Subject to subsection (b), a 
     subdivision of the Department shall not be excluded from 
     coverage under chapter 71 of title 5, United States Code, 
     under section 7103(b)(1) of that title, unless--
       (A) the subdivision has, as a primary function, 
     intelligence, counterintelligence, or investigative duties 
     directly related to terrorism investigation; and
       (B) the provisions of that chapter cannot be applied to 
     that subdivision in a manner consistent with national 
     security requirements and considerations.
       (2) Exclusion of employee.--Subject to subsection (c), an 
     employee of the Department or class of employees of the 
     Department who share the same job duties shall not be 
     excluded from a unit under section 7112(b)(6) of title 5, 
     United States Code, unless--
       (A) the primary job duty of the employee or class of 
     employees consists of intelligence, counterintelligence, or 
     investigative duties directly related to terrorism 
     investigation; and
       (B) it is demonstrated that membership in a unit and 
     coverage under chapter 71 of title 5, United States Code, 
     cannot be applied in a manner that would not have a 
     substantial adverse effect on national security.
       (e) Prior Exclusion.--Subsections (b) through (d) shall not 
     apply to any entity or organizational unit, or subdivision 
     thereof, transferred to the Department under this Act that, 
     on July 19, 2002, was excluded from coverage under chapter 71 
     of title 5, United

[[Page 17095]]

     States Code, under section 7103(b)(1) of that title.
       (f) Removal From Unit During Pendency of Proceeding.--No 
     employee or class of employees of the Department shall be a 
     member of a unit during the pendency of any proceeding before 
     the Federal Labor Relations Authority in which the Department 
     has asserted that the employee or class of employees may not 
     be included in a unit under section 7112(b)(6) of title 5, 
     United States Code.
       (g) National Security Showing Rebuttable Only by Clear and 
     Convincing Evidence.--In any proceeding referred to in 
     subsection (f), if the Department has made the showing 
     regarding national security as set forth in subsection (c)(3) 
     and subsection (d)(2)(B), the showing may be rebutted only by 
     clear and convincing evidence.
       (h) Expedited Review.--The Authority shall grant priority 
     consideration to a unit clarification petition with respect 
     to which the Department asserts that any employee or class of 
     employees may not be included in a unit under section 
     7112(b)(6) of title 5, United States Code. In any such 
     proceeding, the parties shall follow the following expedited 
     procedures:
       (1) The Department shall provide any information requested 
     by the Regional Director of the Authority within 10 days 
     after the request is made.
       (2) A hearing on the petition shall be commenced within 15 
     days of receipt of the requested information, if any, by the 
     Authority and the parties.
       (3) If briefs are filed after the conclusion of the 
     hearing, the Regional Director shall issue a decision within 
     30 days after the receipt of the briefs, and if no briefs are 
     filed, no later than 45 days after the conclusion of the 
     hearings.
       (4) The parties shall have 15 days to appeal after the 
     receipt of the decision of the Regional Director.
       (5) If the Authority does not accept the appeal within 30 
     days, the Regional Director's decision becomes final.
       (6) If the Authority accepts the appeal, a decision by the 
     Authority shall issue within 30 days.
       (7) There shall be no judicial review of the decision of 
     the Authority.

     SEC. __. PREEMPTED PROVISIONS.

       Notwithstanding any other provision of this Act, including 
     any effective date provision, the following provisions of 
     this Act shall not take effect:
       (1) Sec. 187(f)(1).
                                 ______
                                 
  SA 4576. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:
       At the appropriate place, insert the following:

     SEC. __. EMPLOYEE RIGHTS.

       (a) Definition.--In this section, the term ``primary job 
     duty'' means a job duty that occupies not less than 25 
     percent of the job duties of an employee of the Department.
       (b) Transferred Agencies.--The Department, or a subdivision 
     of the Department, that includes an entity or organizational 
     unit, or subdivision thereof, transferred under this Act, or 
     performs functions transferred under this Act shall not be 
     excluded from coverage of chapter 71 of title 5, United 
     States Code, as a result of any order issued under section 
     7103(b)(1) of title 5, United States Code, after July 19, 
     2002.
       (c) Transferred Employees.--An employee, or class of 
     employees who share the same job duties, transferred to the 
     Department under this Act, in an appropriate unit under 
     section 7112 of title 5, United States Code, prior to the 
     transfer, shall not be excluded from a unit under subsection 
     (b)(6) of that section, unless--
       (1) the primary job duty of the employee or class of 
     employees has materially changed after the transfer;
       (2) the primary job duty of the employee or class of 
     employees after such change consists of intelligence, 
     counterintelligence, or investigative duties directly related 
     to the investigation of terrorism; and
       (3) it is demonstrated that membership in a unit and 
     coverage under chapter 71 of title 5, United States Code, 
     cannot be applied in a manner that would not have a 
     substantial adverse effect on national security.
       (d) Other Agencies and Employees.--
       (1) Exclusion of subdivision.--Subject to subsection (b), a 
     subdivision of the Department shall not be excluded from 
     coverage under chapter 71 of title 5, United States Code, 
     under section 7103(b)(1) of that title, unless--
       (A) the subdivision has, as a primary function, 
     intelligence, counterintelligence, or investigative duties 
     directly related to terrorism investigation; and
       (B) the provisions of that chapter cannot be applied to 
     that subdivision in a manner consistent with national 
     security requirements and considerations.
       (2) Exclusion of employee.--Subject to subsection (c), an 
     employee of the Department or class of employees of the 
     Department who share the same job duties shall not be 
     excluded from a unit under section 7112(b)(6) of title 5, 
     United States Code, unless--
       (A) the primary job duty of the employee or class of 
     employees consists of intelligence, counterintelligence, or 
     investigative duties directly related to terrorism 
     investigation; and
       (B) it is demonstrated that membership in a unit and 
     coverage under chapter 71 of title 5, United States Code, 
     cannot be applied in a manner that would not have a 
     substantial adverse effect on national security.
       (e) Prior Exclusion.--Subsections (b) through (d) shall not 
     apply to any entity or organizational unit, or subdivision 
     thereof, transferred to the Department under this Act that, 
     on July 19, 2002, was excluded from coverage under chapter 71 
     of title 5, United States Code, under section 7103(b)(1) of 
     that title.
       (f) Removal From Unit During Pendency of Proceeding.--No 
     employee or class of employees of the Department shall be a 
     member of a unit during the pendency of any proceeding before 
     the Federal Labor Relations Authority in which the Department 
     has asserted that the employee or class of employees may not 
     be included in a unit under section 7112(b)(6) of title 5, 
     United States Code.
       (g) National Security Showing Rebuttable Only by Clear and 
     Convincing Evidence.--In any proceeding referred to in 
     subsection (f), if the Department has made the showing 
     regarding national security as set forth in subsection (c)(3) 
     and subsection (d)(2)(B), the showing may be rebutted only by 
     clear and convincing evidence.
       (h) Expedited Review.--The Authority shall grant priority 
     consideration to a unit clarification petition with respect 
     to which the Department asserts that any employee or class of 
     employees may not be included in a unit under section 
     7112(b)(6) of title 5, United States Code. In any such 
     proceeding, the parties shall follow the following expedited 
     procedures:
       (1) The Department shall provide any information requested 
     by the Regional Director of the Authority within 10 days 
     after the request is made.
       (2) A hearing on the petition shall be commenced within 15 
     days of receipt of the requested information, if any, by the 
     Authority and the parties.
       (3) If briefs are filed after the conclusion of the 
     hearing, the Regional Director shall issue a decision within 
     30 days after the receipt of the briefs, and if no briefs are 
     filed, no later than 45 days after the conclusion of the 
     hearings.
       (4) The parties shall have 15 days to appeal after the 
     receipt of the decision of the Regional Director.
       (5) If the Authority does not accept the appeal within 30 
     days, the Regional Director's decision becomes final.
       (6) If the Authority accepts the appeal, a decision by the 
     Authority shall issue within 30 days.
       (7) There shall be no judicial review of the decision of 
     the Authority.

     SEC. __. PREEMPTED PROVISIONS.

       Notwithstanding any other provision of this Act, including 
     any effective date provision, the following provisions of 
     this Act shall not take effect:
       (1) Sec. 187(f)(1).
                                 ______
                                 
  SA 4577. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:
       Strike section 133(c)(4).
                                 ______
                                 
  SA 4578. Mr. GRASSLEY (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed to amendment SA 4471 proposed by Mr. 
Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 210, strike lines 10 and 11 and insert the 
     following:

            TITLE VI--FEDERAL BUREAU OF INVESTIGATION REFORM

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Federal Bureau of 
     Investigation Reform Act of 2002''.

                  Subtitle A--Improving FBI Oversight

     SEC. 611. AUTHORITY OF THE DEPARTMENT OF JUSTICE INSPECTOR 
                   GENERAL.

       Section 8E of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) in subsection (b), by striking paragraphs (2) and (3) 
     and inserting the following:
       ``(2) except as specified in subsection (a) and paragraph 
     (3), may investigate allegations of criminal wrongdoing or 
     administrative misconduct by an employee of the Department of 
     Justice, or may, in the discretion of the Inspector General, 
     refer such allegations to the Office of Professional 
     Responsibility or the internal affairs office of the 
     appropriate component of the Department of Justice;
       ``(3) shall refer to the Counsel, Office of Professional 
     Responsibility of the Department of Justice, allegations of 
     misconduct

[[Page 17096]]

     involving Department attorneys, investigators, or law 
     enforcement personnel, where the allegations relate to the 
     exercise of the authority of an attorney to investigate, 
     litigate, or provide legal advice, except that no such 
     referral shall be made if the attorney is employed in the 
     Office of Professional Responsibility;
       ``(4) may investigate allegations of criminal wrongdoing or 
     administrative misconduct, including a failure to properly 
     discipline employees, by a person who is the head of any 
     agency or component of the Department of Justice; and
       ``(5) shall forward the results of any investigation 
     conducted under paragraph (4), along with any appropriate 
     recommendation for disciplinary action, to the Attorney 
     General, who is authorized to take appropriate disciplinary 
     action.''; and
       (2) by adding at the end the following:
       ``(d) If the Attorney General does not follow any 
     recommendation of the Inspector General made under subsection 
     (b)(5), the Attorney General shall submit a report to the 
     chairperson and ranking member of the Committees on the 
     Judiciary of the Senate and the House of Representatives that 
     sets forth the recommendation of the Inspector General and 
     the reasons of the Attorney General for not following that 
     recommendation.
       ``(e) The Attorney General shall ensure by regulation that 
     any component of the Department of Justice receiving a 
     nonfrivolous allegation of criminal wrongdoing or 
     administrative misconduct by an employee of the Department of 
     Justice shall report that information to the Inspector 
     General.''.

     SEC. 612. REVIEW OF THE DEPARTMENT OF JUSTICE.

       (a) Appointment of Oversight Official Within the Office of 
     Inspector General.--
       (1) In general.--The Inspector General of the Department of 
     Justice shall direct that 1 official from the office of the 
     Inspector General be responsible for supervising and 
     coordinating independent oversight of programs and operations 
     of the Federal Bureau of Investigation until September 30, 
     2003.
       (2) Continuation of oversight.--The Inspector General may 
     continue individual oversight in accordance with paragraph 
     (1) after September 30, 2003, at the discretion of the 
     Inspector General.
       (b) Inspector General Oversight Plan for the Federal Bureau 
     of Investigation.--Not later than 30 days after the date of 
     the enactment of this Act, the Inspector General of the 
     Department of Justice shall submit to the Chairperson and 
     ranking member of the Committees on the Judiciary of the 
     Senate and the House of Representatives, a plan for oversight 
     of the Federal Bureau of Investigation, which plan may 
     include--
       (1) an audit of the financial systems, information 
     technology systems, and computer security systems of the 
     Federal Bureau of Investigation;
       (2) an audit and evaluation of programs and processes of 
     the Federal Bureau of Investigation to identify systemic 
     weaknesses or implementation failures and to recommend 
     corrective action;
       (3) a review of the activities of internal affairs offices 
     of the Federal Bureau of Investigation, including the 
     Inspections Division and the Office of Professional 
     Responsibility;
       (4) an investigation of allegations of serious misconduct 
     by personnel of the Federal Bureau of Investigation;
       (5) a review of matters relating to any other program or 
     operation of the Federal Bureau of Investigation that the 
     Inspector General determines requires review; and
       (6) an identification of resources needed by the Inspector 
     General to implement a plan for oversight of the Federal 
     Bureau of Investigation.
       (c) Report on Inspector General for Federal Bureau of 
     Investigation.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report and recommendation to the Chairperson and ranking 
     member of the Committees on the Judiciary of the Senate and 
     the House of Representatives concerning--
       (1) whether there should be established, within the 
     Department of Justice, a separate office of the Inspector 
     General for the Federal Bureau of Investigation that shall be 
     responsible for supervising independent oversight of programs 
     and operations of the Federal Bureau of Investigation;
       (2) what changes have been or should be made to the rules, 
     regulations, policies, or practices governing the Federal 
     Bureau of Investigation in order to assist the Office of the 
     Inspector General in effectively exercising its authority to 
     investigate the conduct of employees of the Federal Bureau of 
     Investigation;
       (3) what differences exist between the methods and 
     practices used by different Department of Justice components 
     in the investigation and adjudication of alleged misconduct 
     by Department of Justice personnel;
       (4) what steps should be or are being taken to make the 
     methods and practices described in paragraph (3) uniform 
     throughout the Department of Justice; and
       (5) whether a set of recommended guidelines relating to the 
     discipline of Department of Justice personnel for misconduct 
     should be developed, and what factors, such as the nature and 
     seriousness of the misconduct, the prior history of the 
     employee, and the rank and seniority of the employee at the 
     time of the misconduct, should be taken into account in 
     establishing such recommended disciplinary guidelines.

                  Subtitle B--Whistleblower Protection

     SEC. 621. INCREASING PROTECTIONS FOR FBI WHISTLEBLOWERS.

       Section 2303 of title 5, United States Code, is amended to 
     read as follows:

     ``Sec. 2303. Prohibited personnel practices in the Federal 
       Bureau of Investigation

       ``(a) Definition.--In this section, the term `personnel 
     action' means any action described in clauses (i) through (x) 
     of section 2302(a)(2)(A).
       ``(b) Prohibited Practices.--Any employee of the Federal 
     Bureau of Investigation who has the authority to take, direct 
     others to take, recommend, or approve any personnel action, 
     shall not, with respect to such authority, take or fail to 
     take a personnel action with respect to any employee of the 
     Bureau or because of--
       ``(1) any disclosure of information by the employee to the 
     Attorney General (or an employee designated by the Attorney 
     General for such purpose), a supervisor of the employee, the 
     Inspector General for the Department of Justice, or a Member 
     of Congress that the employee reasonably believes evidences--
       ``(A) a violation of any law, rule, or regulation; or
       ``(B) mismanagement, a gross waste of funds, an abuse of 
     authority, or a substantial and specific danger to public 
     health or safety; or
       ``(2) any disclosure of information by the employee to the 
     Special Counsel of information that the employee reasonably 
     believes evidences--
       ``(A) a violation of any law, rule, or regulation; or
       ``(B) mismanagement, a gross waste of funds, an abuse of 
     authority, or a substantial and specific danger to public 
     health or safety,

     if such disclosure is not specifically prohibited by law and 
     if such information is not specifically required by Executive 
     order to be kept secret in the interest of national defense 
     or the conduct of foreign affairs.
       ``(c) Individual Right of Action.--Chapter 12 of this title 
     shall apply to an employee of the Federal Bureau of 
     Investigation who claims that a personnel action has been 
     taken under this section against the employee as a reprisal 
     for any disclosure of information described in subsection 
     (b)(2).
       ``(d) Regulations.--The Attorney General shall prescribe 
     regulations to ensure that a personnel action under this 
     section shall not be taken against an employee of the Federal 
     Bureau of Investigation as a reprisal for any disclosure of 
     information described in subsection (b)(1), and shall provide 
     for the enforcement of such regulations in a manner 
     consistent with applicable provisions of sections 1214 and 
     1221, and in accordance with the procedures set forth in 
     sections 554 through 557 and 701 through 706.''.

                Subtitle C--FBI Security Career Program

     SEC. 631. SECURITY MANAGEMENT POLICIES.

       The Attorney General shall establish policies and 
     procedures for the effective management (including accession, 
     education, training, and career development) of persons 
     serving in security positions in the Federal Bureau of 
     Investigation.

     SEC. 632. DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION.

       (a) In General.--Subject to the authority, direction, and 
     control of the Attorney General, the Director of the Federal 
     Bureau of Investigation (referred to in this subtitle as the 
     ``Director'') shall carry out all powers, functions, and 
     duties of the Attorney General with respect to the security 
     workforce in the Federal Bureau of Investigation.
       (b) Policy Implementation.--The Director shall ensure that 
     the policies of the Attorney General established in 
     accordance with this title are implemented throughout the 
     Federal Bureau of Investigation at both the headquarters and 
     field office levels.

     SEC. 633. DIRECTOR OF SECURITY.

       The Director shall appoint a Director of Security, or such 
     other title as the Director may determine, to assist the 
     Director in the performance of the duties of the Director 
     under this title.

     SEC. 634. SECURITY CAREER PROGRAM BOARDS.

       (a) Establishment.--The Director, acting through the 
     Director of Security, shall establish a security career 
     program board to advise the Director in managing the hiring, 
     training, education, and career development of personnel in 
     the security workforce of the Federal Bureau of 
     Investigation.
       (b) Composition of Board.--The security career program 
     board shall include--
       (1) the Director of Security (or a representative of the 
     Director of Security);
       (2) the senior officials, as designated by the Director, 
     with responsibility for personnel management;
       (3) the senior officials, as designated by the Director, 
     with responsibility for information management;
       (4) the senior officials, as designated by the Director, 
     with responsibility for training and career development in 
     the various security disciplines; and
       (5) such other senior officials for the intelligence 
     community as the Director may designate.

[[Page 17097]]

       (c) Chairperson.--The Director of Security (or a 
     representative of the Director of Security) shall be the 
     chairperson of the board.
       (d) Subordinate Boards.--The Director of Security may 
     establish a subordinate board structure to which functions of 
     the security career program board may be delegated.

     SEC. 635. DESIGNATION OF SECURITY POSITIONS.

       (a) Designation.--The Director shall designate, by 
     regulation, those positions in the Federal Bureau of 
     Investigation that are security positions for purposes of 
     this title.
       (b) Required Positions.--In designating security positions 
     under subsection (a), the Director shall include, at a 
     minimum, all security-related positions in the areas of--
       (1) personnel security and access control;
       (2) information systems security and information assurance;
       (3) physical security and technical surveillance 
     countermeasures;
       (4) operational, program, and industrial security; and
       (5) information security and classification management.

     SEC. 636. CAREER DEVELOPMENT.

       (a) Career Paths.--The Director shall ensure that 
     appropriate career paths for personnel who wish to pursue 
     careers in security are identified in terms of the education, 
     training, experience, and assignments necessary for career 
     progression to the most senior security positions and shall 
     make available published information on those career paths.
       (b) Limitation on Preference for Special Agents.--
       (1) In general.--Except as provided in the policy 
     established under paragraph (2), the Attorney General shall 
     ensure that no requirement or preference for a Special Agent 
     of the Federal Bureau of Investigation (referred to in this 
     subtitle as a ``Special Agent'') is used in the consideration 
     of persons for security positions.
       (2) Policy.--The Attorney General shall establish a policy 
     that permits a particular security position to be specified 
     as available only to Special Agents, if a determination is 
     made, under criteria specified in the policy, that a Special 
     Agent--
       (A) is required for that position by law;
       (B) is essential for performance of the duties of the 
     position; or
       (C) is necessary for another compelling reason.
       (3) Report.--Not later than December 15 of each year, the 
     Director shall submit to the Attorney General a report that 
     lists--
       (A) each security position that is restricted to Special 
     Agents under the policy established under paragraph (2); and
       (B) the recommendation of the Director as to whether each 
     restricted security position should remain restricted.
       (c) Opportunities To Qualify.--The Attorney General shall 
     ensure that all personnel, including Special Agents, are 
     provided the opportunity to acquire the education, training, 
     and experience necessary to qualify for senior security 
     positions.
       (d) Best Qualified.--The Attorney General shall ensure that 
     the policies established under this title are designed to 
     provide for the selection of the best qualified individual 
     for a position, consistent with other applicable law.
       (e) Assignments Policy.--The Attorney General shall 
     establish a policy for assigning Special Agents to security 
     positions that provides for a balance between--
       (1) the need for personnel to serve in career enhancing 
     positions; and
       (2) the need for requiring service in each such position 
     for sufficient time to provide the stability necessary to 
     carry out effectively the duties of the position and to allow 
     for the establishment of responsibility and accountability 
     for actions taken in the position.
       (f) Length of Assignment.--In implementing the policy 
     established under subsection (b)(2), the Director shall 
     provide, as appropriate, for longer lengths of assignments to 
     security positions than assignments to other positions.
       (g) Performance Appraisals.--The Director shall provide an 
     opportunity for review and inclusion of any comments on any 
     appraisal of the performance of a person serving in a 
     security position by a person serving in a security position 
     in the same security career field.
       (h) Balanced Workforce Policy.--In the development of 
     security workforce policies under this title with respect to 
     any employees or applicants for employment, the Attorney 
     General shall, consistent with the merit system principles 
     set out in paragraphs (1) and (2) of section 2301(b) of title 
     5, United States Code, take into consideration the need to 
     maintain a balanced workforce in which women and members of 
     racial and ethnic minority groups are appropriately 
     represented in Government service.

     SEC. 637. GENERAL EDUCATION, TRAINING, AND EXPERIENCE 
                   REQUIREMENTS.

       (a) In General.--The Director shall establish education, 
     training, and experience requirements for each security 
     position, based on the level of complexity of duties carried 
     out in the position.
       (b) Qualification Requirements.--Before being assigned to a 
     position as a program manager or deputy program manager of a 
     significant security program, a person--
       (1) must have completed a security program management 
     course that is accredited by the Intelligence Community-
     Department of Defense Joint Security Training Consortium or 
     is determined to be comparable by the Director; and
       (2) must have not less than 6 years experience in security, 
     of which not less than 2 years were performed in a similar 
     program office or organization.

     SEC. 638. EDUCATION AND TRAINING PROGRAMS.

       (a) In General.--The Director, in consultation with the 
     Director of Central Intelligence and the Secretary of 
     Defense, shall establish and implement education and training 
     programs for persons serving in security positions in the 
     Federal Bureau of Investigation.
       (b) Other Programs.--The Director shall ensure that 
     programs established under subsection (a) are established and 
     implemented, to the maximum extent practicable, uniformly 
     with the programs of the Intelligence Community and the 
     Department of Defense.

     SEC. 639. OFFICE OF PERSONNEL MANAGEMENT APPROVAL.

       (a) In General.--The Attorney General shall submit any 
     requirement that is established under section 637 to the 
     Director of the Office of Personnel Management for approval.
       (b) Final Approval.--If the Director does not disapprove 
     the requirements established under section 637 within 30 days 
     after the date on which the Director receives the 
     requirement, the requirement is deemed to be approved by the 
     Director of the Office of Personnel Management.

         Subtitle D--FBI Counterintelligence Polygraph Program

     SEC. 641. DEFINITIONS.

       In this subtitle:
       (1) Polygraph program.--The term ``polygraph program'' 
     means the counterintelligence screening polygraph program 
     established under section 642.
       (2) Polygraph review.--The term ``Polygraph Review'' means 
     the review of the scientific validity of the polygraph for 
     counterintelligence screening purposes conducted by the 
     Committee to Review the Scientific Evidence on the Polygraph 
     of the National Academy of Sciences.

     SEC. 642. ESTABLISHMENT OF PROGRAM.

       Not later than 6 months after publication of the results of 
     the Polygraph Review, the Attorney General, in consultation 
     with the Director of the Federal Bureau of Investigation and 
     the Director of Security of the Federal Bureau of 
     Investigation, shall establish a counterintelligence 
     screening polygraph program for the Federal Bureau of 
     Investigation that consists of periodic polygraph 
     examinations of employees, or contractor employees of the 
     Federal Bureau of Investigation who are in positions 
     specified by the Director of the Federal Bureau of 
     Investigation as exceptionally sensitive in order to minimize 
     the potential for unauthorized release or disclosure of 
     exceptionally sensitive information.

     SEC. 643. REGULATIONS.

       (a) In General.--The Attorney General shall prescribe 
     regulations for the polygraph program in accordance with 
     subchapter II of chapter 5 of title 5, United States Code 
     (commonly referred to as the Administrative Procedures Act).
       (b) Considerations.--In prescribing regulations under 
     subsection (a), the Attorney General shall--
       (1) take into account the results of the Polygraph Review; 
     and
       (2) include procedures for--
       (A) identifying and addressing false positive results of 
     polygraph examinations;
       (B) ensuring that adverse personnel actions are not taken 
     against an individual solely by reason of the physiological 
     reaction of the individual to a question in a polygraph 
     examination, unless--
       (i) reasonable efforts are first made independently to 
     determine through alternative means, the veracity of the 
     response of the individual to the question; and
       (ii) the Director of the Federal Bureau of Investigation 
     determines personally that the personnel action is justified;
       (C) ensuring quality assurance and quality control in 
     accordance with any guidance provided by the Department of 
     Defense Polygraph Institute and the Director of Central 
     Intelligence; and
       (D) allowing any employee or contractor who is the subject 
     of a counterintelligence screening polygraph examination 
     under the polygraph program, upon written request, to have 
     prompt access to any unclassified reports regarding an 
     examination that relates to any adverse personnel action 
     taken with respect to the individual.

     SEC. 644. REPORT ON FURTHER ENHANCEMENT OF FBI PERSONNEL 
                   SECURITY PROGRAM.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this Act, the Director of the Federal Bureau of 
     Investigation shall submit to Congress a report setting forth 
     recommendations for any legislative action that the Director 
     considers appropriate in order to enhance the personnel 
     security program of the Federal Bureau of Investigation.
       (b) Polygraph Review Results.--Any recommendation under 
     subsection (a) regarding the use of polygraphs shall take 
     into account the results of the Polygraph Review.

[[Page 17098]]



                         Subtitle E--FBI Police

     SEC. 651. DEFINITIONS.

       In this subtitle:
       (1) Director.--The term ``Director'' means the Director of 
     the Federal Bureau of Investigation.
       (2) FBI buildings and grounds.--
       (A) In general.--The term ``FBI buildings and grounds'' 
     means--
       (i) the whole or any part of any building or structure 
     which is occupied under a lease or otherwise by the Federal 
     Bureau of Investigation and is subject to supervision and 
     control by the Federal Bureau of Investigation;
       (ii) the land upon which there is situated any building or 
     structure which is occupied wholly by the Federal Bureau of 
     Investigation; and
       (iii) any enclosed passageway connecting 2 or more 
     buildings or structures occupied in whole or in part by the 
     Federal Bureau of Investigation.
       (B) Inclusion.--The term ``FBI buildings and grounds'' 
     includes adjacent streets and sidewalks not to exceed 500 
     feet from such property.
       (3) FBI police.--The term ``FBI police'' means the 
     permanent police force established under section 652.

     SEC. 652. ESTABLISHMENT OF FBI POLICE; DUTIES.

       (a) In General.--Subject to the supervision of the Attorney 
     General, the Director may establish a permanent police force, 
     to be known as the FBI police.
       (b) Duties.--The FBI police shall perform such duties as 
     the Director may prescribe in connection with the protection 
     of persons and property within FBI buildings and grounds.
       (c) Uniformed Representative.--The Director, or designated 
     representative duly authorized by the Attorney General, may 
     appoint uniformed representatives of the Federal Bureau of 
     Investigation as FBI police for duty in connection with the 
     policing of all FBI buildings and grounds.
       (d) Authority.--
       (1) In general.--In accordance with regulations prescribed 
     by the Director and approved by the Attorney General, the FBI 
     police may--
       (A) police the FBI buildings and grounds for the purpose of 
     protecting persons and property;
       (B) in the performance of duties necessary for carrying out 
     subparagraph (A), make arrests and otherwise enforce the laws 
     of the United States, including the laws of the District of 
     Columbia;
       (C) carry firearms as may be required for the performance 
     of duties;
       (D) prevent breaches of the peace and suppress affrays and 
     unlawful assemblies; and
       (E) hold the same powers as sheriffs and constables when 
     policing FBI buildings and grounds.
       (2) Exception.--The authority and policing powers of FBI 
     police under this subsection shall not include the service of 
     civil process.
       (e) Pay and Benefits.--
       (1) In general.--The rates of basic pay, salary schedule, 
     pay provisions, and benefits for members of the FBI police 
     shall be equivalent to the rates of basic pay, salary 
     schedule, pay provisions, and benefits applicable to members 
     of the United States Secret Service Uniformed Division.
       (2) Application.--Pay and benefits for the FBI police under 
     paragraph (1)--
       (A) shall be established by regulation;
       (B) shall apply with respect to pay periods beginning after 
     January 1, 2003; and
       (C) shall not result in any decrease in the rates of pay or 
     benefits of any individual.

     SEC. 653. AUTHORITY OF METROPOLITAN POLICE FORCE.

       This title does not affect the authority of the 
     Metropolitan Police Force of the District of Columbia with 
     respect to FBI buildings and grounds.

                          Subtitle F--Reports

     SEC. 661. REPORT ON LEGAL AUTHORITY FOR FBI PROGRAMS AND 
                   ACTIVITIES.

       (a) In General.--Not later than December 31, 2002, the 
     Attorney General shall submit to Congress a report describing 
     the statutory and other legal authority for all programs and 
     activities of the Federal Bureau of Investigation.
       (b) Contents.--The report submitted under subsection (a) 
     shall describe--
       (1) the titles within the United States Code and the 
     statutes for which the Federal Bureau of Investigation 
     exercises investigative responsibility;
       (2) each program or activity of the Federal Bureau of 
     Investigation that has express statutory authority and the 
     statute which provides that authority; and
       (3) each program or activity of the Federal Bureau of 
     Investigation that does not have express statutory authority, 
     and the source of the legal authority for that program or 
     activity.
       (c) Recommendations.--The report submitted under subsection 
     (a) shall recommend whether--
       (1) the Federal Bureau of Investigation should continue to 
     have investigative responsibility for each statute for which 
     the Federal Bureau of Investigation currently has 
     investigative responsibility;
       (2) the legal authority for any program or activity of the 
     Federal Bureau of Investigation should be modified or 
     repealed;
       (3) the Federal Bureau of Investigation should have express 
     statutory authority for any program or activity of the 
     Federal Bureau of Investigation for which the Federal Bureau 
     of Investigation does not currently have express statutory 
     authority; and
       (4) the Federal Bureau of Investigation should--
       (A) have authority for any new program or activity; and
       (B) express statutory authority with respect to any new 
     programs or activities.

     SEC. 662. REPORT ON FBI INFORMATION MANAGEMENT AND 
                   TECHNOLOGY.

       (a) In General.--Not later than December 31, 2002, the 
     Attorney General shall submit to Congress a report on the 
     information management and technology programs of the Federal 
     Bureau of Investigation including recommendations for any 
     legislation that may be necessary to enhance the 
     effectiveness of those programs.
       (b) Contents of Report.--The report submitted under 
     subsection (a) shall provide--
       (1) an analysis and evaluation of whether authority for 
     waiver of any provision of procurement law (including any 
     regulation implementing such a law) is necessary to 
     expeditiously and cost-effectively acquire information 
     technology to meet the unique need of the Federal Bureau of 
     Investigation to improve its investigative operations in 
     order to respond better to national law enforcement, 
     intelligence, and counterintelligence requirements;
       (2) the results of the studies and audits conducted by the 
     Strategic Management Council and the Inspector General of the 
     Department of Justice to evaluate the information management 
     and technology programs of the Federal Bureau of 
     Investigation, including systems, policies, procedures, 
     practices, and operations; and
       (3) a plan for improving the information management and 
     technology programs of the Federal Bureau of Investigation.
       (c) Results.--The results provided under subsection (b)(2) 
     shall include an evaluation of--
       (1) information technology procedures and practices 
     regarding procurement, training, and systems maintenance;
       (2) record keeping policies, procedures, and practices of 
     the Federal Bureau of Investigation, focusing particularly on 
     how information is inputted, stored, managed, utilized, and 
     shared within the Federal Bureau of Investigation;
       (3) how information in a given database is related or 
     compared to, or integrated with, information in other 
     technology databases within the Federal Bureau of 
     Investigation;
       (4) the effectiveness of the existing information 
     technology infrastructure of the Federal Bureau of 
     Investigation in supporting and accomplishing the overall 
     mission of the Federal Bureau of Investigation;
       (5) the management of information technology projects of 
     the Federal Bureau of Investigation, focusing on how the 
     Federal Bureau of Investigation--
       (A) selects its information technology projects;
       (B) ensures that projects under development deliver 
     benefits; and
       (C) ensures that completed projects deliver the expected 
     results; and
       (6) the security and access control techniques for 
     classified and sensitive but unclassified information systems 
     in the Federal Bureau of Investigation.
       (d) Contents of Plan.--The plan provided under subsection 
     (b)(3) shall ensure that--
       (1) appropriate key technology management positions in the 
     Federal Bureau of Investigation are filled by personnel with 
     experience in the commercial sector;
       (2) access to the most sensitive information is audited in 
     such a manner that suspicious activity is subject to near 
     contemporaneous security review;
       (3) critical information systems employ a public key 
     infrastructure to validate both users and recipients of 
     messages or records;
       (4) security features are tested by the National Security 
     Agency to meet national information systems security 
     standards;
       (5) all employees in the Federal Bureau of Investigation 
     receive annual instruction in records and information 
     management policies and procedures relevant to their 
     positions;
       (6) a reserve is established for research and development 
     to guide strategic information management and technology 
     investment decisions;
       (7) unnecessary administrative requirements for software 
     purchases under $2,000,000 are eliminated;
       (8) full consideration is given to contacting with an 
     expert technology partner to provide technical support for 
     the information technology procurement for the Federal Bureau 
     of Investigation;
       (9) procedures are instituted to procure products and 
     services through contracts of other agencies, as necessary; 
     and
       (10) a systems integration and test center, with the 
     participation of field personnel, tests each series of 
     information systems upgrades or application changes before 
     their operational deployment to confirm that they meet proper 
     requirements.

[[Page 17099]]



     SEC. 663. GAO REPORT ON CRIME STATISTICS REPORTING.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committees on the Judiciary of the 
     Senate and the House of Representatives a report on the issue 
     of how statistics are reported and used by Federal law 
     enforcement agencies.
       (b) Contents.--The report submitted under subsection (a) 
     shall--
       (1) identify the current regulations, procedures, internal 
     policies, or other conditions that allow the investigation or 
     arrest of an individual to be claimed or reported by more 
     than 1 Federal or State agency charged with law enforcement 
     responsibility;
       (2) identify and examine the conditions that allow the 
     investigation or arrest of an individual to be claimed or 
     reported by the Offices of Inspectors General and any other 
     Federal agency charged with law enforcement responsibility;
       (3) examine the statistics reported by Federal law 
     enforcement agencies, and document those instances in which 
     more than 1 agency, bureau, or office claimed or reported the 
     same investigation or arrest during the years 1998 through 
     2001;
       (4) examine the issue of Federal agencies simultaneously 
     claiming arrest credit for in-custody situations that have 
     already occurred pursuant to a State or local agency arrest 
     situation during the years 1998 through 2001;
       (5) examine the issue of how such statistics are used for 
     administrative and management purposes;
       (6) set forth a comprehensive definition of the terms 
     ``investigation'' and ``arrest'' as those terms apply to 
     Federal agencies charged with law enforcement 
     responsibilities; and
       (7) include recommendations, that when implemented, would 
     eliminate unwarranted and duplicative reporting of 
     investigation and arrest statistics by all Federal agencies 
     charged with law enforcement responsibilities.
       (c) Federal Agency Compliance.--Federal law enforcement 
     agencies shall comply with requests made by the General 
     Accounting Office for information that is necessary to assist 
     in preparing the report required by this section.

                 Subtitle G--Ending the Double Standard

     SEC. 671. ALLOWING DISCIPLINARY SUSPENSIONS OF MEMBERS OF THE 
                   SENIOR EXECUTIVE SERVICE FOR 14 DAYS OR LESS.

       Section 7542 of title 5, United States Code, is amended by 
     striking ``for more than 14 days''.

     SEC. 672. SUBMITTING OFFICE OF PROFESSIONAL RESPONSIBILITY 
                   REPORTS TO CONGRESSIONAL COMMITTEES.

       (a) In General.--For each of the 5 years following the date 
     of enactment of this Act, the Office of the Inspector General 
     shall submit to the chairperson and ranking member of the 
     Committees on the Judiciary of the Senate and the House of 
     Representatives an annual report to be completed by the 
     Federal Bureau of Investigation, Office of Professional 
     Responsibility and provided to the Inspector General, which 
     sets forth--
       (1) basic information on each investigation completed by 
     that Office;
       (2) the findings and recommendations of that Office for 
     disciplinary action; and
       (3) what, if any, action was taken by the Director of the 
     Federal Bureau of Investigation or the designee of the 
     Director based on any such recommendation.
       (b) Contents.--In addition to all matters already included 
     in the annual report described in subsection (a), the report 
     shall also include an analysis of--
       (1) whether senior Federal Bureau of Investigation 
     employees and lower level Federal Bureau of Investigation 
     personnel are being disciplined and investigated similarly; 
     and
       (2) whether any double standard is being employed to more 
     senior employees with respect to allegations of misconduct.

      Subtitle H--Enhancing Security at the Department of Justice

     SEC. 781. REPORT ON THE PROTECTION OF SECURITY AND 
                   INFORMATION AT THE DEPARTMENT OF JUSTICE.

       Not later than December 31, 2002, the Attorney General 
     shall submit to Congress a report on the manner in which the 
     Security and Emergency Planning Staff, the Office of 
     Intelligence Policy and Review, and the Chief Information 
     Officer of the Department of Justice plan to improve the 
     protection of security and information at the Department of 
     Justice, including a plan to establish secure electronic 
     communications between the Federal Bureau of Investigation 
     and the Office of Intelligence Policy and Review for 
     processing information related to the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

     SEC. 782. AUTHORIZATION FOR INCREASED RESOURCES TO PROTECT 
                   SECURITY AND INFORMATION.

       There are authorized to be appropriated to the Department 
     of Justice for the activities of the Security and Emergency 
     Planning Staff to meet the increased demands to provide 
     personnel, physical, information, technical, and litigation 
     security for the Department of Justice, to prepare for 
     terrorist threats and other emergencies, and to review 
     security compliance by components of the Department of 
     Justice--
       (1) $13,000,000 for fiscal year 2003;
       (2) $17,000,000 for fiscal year 2004; and
       (3) $22,000,000 for fiscal year 2005.

     SEC. 783. AUTHORIZATION FOR INCREASED RESOURCES TO FULFILL 
                   NATIONAL SECURITY MISSION OF THE DEPARTMENT OF 
                   JUSTICE.

       There are authorized to be appropriated to the Department 
     of Justice for the activities of the Office of Intelligence 
     Policy and Review to help meet the increased personnel 
     demands to combat terrorism, process applications to the 
     Foreign Intelligence Surveillance Court, participate 
     effectively in counterespionage investigations, provide 
     policy analysis and oversight on national security matters, 
     and enhance secure computer and telecommunications 
     facilities--
       (1) $7,000,000 for fiscal year 2003;
       (2) $7,500,000 for fiscal year 2004; and
       (3) $8,000,000 for fiscal year 2005.

                       TITLE VII--EFFECTIVE DATE

     SEC. 701. EFFECTIVE DATE.

                                 ______
                                 
  SA 4579. Mr. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:
       At the appropriate place, insert the following:

     SEC. __. NATIONAL DEFENSE RAIL CONNECTION.

       (a) Findings.--Congress finds that--
       (1) A comprehensive rail transportation network is a key 
     element of an integrated transportation system for the North 
     American continent, and federal leadership is required to 
     address the needs of a reliable, safe, and secure rail 
     network, and to connect all areas of the United States for 
     national defense and economic development, as previously done 
     for the interstate highway system, the Federal aviation 
     network, and the transcontinental railroad;
       (2) The creation and use of joint use corridors for rail 
     transportation, fiber optics, pipelines, and utilities are an 
     efficient and appropriate approach to optimizing the nation's 
     interconnectivity and national security;
       (3) Government assistance and encouragement in the 
     development of the transcontinental rail system successfully 
     led to the growth of economically strong and socially stable 
     communities throughout the western United States;
       (4) Government assistance and encouragement in the 
     development of the Alaska Railroad between Seward, Alaska and 
     Fairbanks, Alaska successfully led to the growth of 
     economically strong and socially stable communities along the 
     route, which today provide homes for over 70% of Alaska's 
     total population;
       (5) While alaska and the remainder of the continential 
     United States has been connected by highway and air 
     transportation, no rail connection exists despite the fact 
     that Alaska is accessible by land routes and is a logical 
     destination for the North American rail system;
       (6) Rail transportation in otherwise isolated areas is an 
     appropriate means of providing controlled areas, reducing 
     overall impacts to environmentally sensitive areas over other 
     methods of land-based access;
       (7) Because Congress originally authorized 1,000 miles of 
     rail line to be built in Alaska, and because of the system 
     today covers only approximately half that distance, 
     substantially limiting its beneficial effect on the economy 
     of Alaska and the nation, it is appropriate to support the 
     expansion of the Alaska system to ensure that the originally 
     planned benefits are achieved;
       (8) Alaska has an abundance of natural resources, both 
     material and aesthetic, access to which would significantly 
     increase Alaska's contribution to the national economy;
       (9) Alaska contains many key national defense 
     installations, including sites chosen for the construction of 
     the first phase of the National Missile Defense system, the 
     cost of which could be significantly reduced if rail 
     transportation were available for the movement of materials 
     necessary for construction and for the secure movement of 
     launch vehicles, fuel and other operational supplies;
       (10) The 106th Congress recognized the potential benefits 
     of establishing a rail connection to Alaska by enacting 
     legislation to authorize a U.S.--Canada bilaterail commission 
     to study the feasibility of linking the rail system in Alaska 
     to the nearest appropriate point in Canada of the North 
     American rail network; and
       (11) In support of pending bilaterial activities between 
     the United States and Canada, it is appropriate for the 
     United States to undertake activities relating to elements 
     within the United States.
       (b) Identification of National Defense Railroad-Utility 
     Corridor.--
       (1) Within one year from the date of enactment of this Act, 
     the Secretary of the Interior, in consultation with the 
     Secretary of Transportation, the State of Alaska and the 
     Alaska Railroad Corporation, shall identify a proposed 
     national defense railroad-utility

[[Page 17100]]

     corridor linking the existing corridor of the Alaska Railroad 
     to the vicinity of the proposed National Missile Defense 
     facilities at Fort Greely, Alaska. The corridor shall be at 
     least 500 feet wide and shall also identify land for such 
     terminals, stations, maintenance facilities, switching yards, 
     and material sites as are considered necessary.
       (2) The identification of the corridor under paragraph (1) 
     shall include information providing a complete legal 
     description for and noting the current ownership of the 
     proposed corridor and associated land.
       (3) In identifying the corridor under paragraph (1), the 
     secretary shall consider, at a minimum, the following 
     factors:
       (A) The proximity of national defense installations and 
     national defense considerations;
       (B) The location of and access to natural resources that 
     could contribute to economic development of the region;
       (C) Grade and alignment standards that are commensurate 
     with rail and utility construction standards and that 
     minimize the prospect of at-grade railroad and highway 
     crossings;
       (D) Availability of construction materials;
       (E) Safety;
       (F) Effects on and service to adjacent communities and 
     potential intermodal transportation connections;
       (G) Environmental concerns;
       (H) Use of public land to the maximum degree possible;
       (I) Minimization of probable construction costs;
       (J) An estimate of probable construction costs and methods 
     of financing such costs through a combination of private, 
     state, and federal sources; and
       (K) Appropriate utility elements for the corridor, 
     including but not limited to petroleum product pipelines, 
     fiber-optic telecommunication facilities, and electrical 
     power transmission lines, and
       (L) Prior and established traditional uses.
       (4) The Secretary may, as part of the corridor 
     identification, include issues related to the further 
     extension of such corridor to a connection with the nearest 
     appropriate terminus of the North American rail network in 
     Canada.
       (c) Negotiation and Land Transfer.--
       (1) The Secretary of the Interior shall--
       (A) upon completion of the corridor identification in 
     subsection (b), negotiate the acquisition of any lands in the 
     corridor which are not federally owned through an exchange 
     for lands of equal or greater value held by the federal 
     government elsewhere in Alaska; and
       (B) upon completion of the acquisition of lands under 
     paragraph (A), the Secretary shall convey to the Alaska 
     Railroad Corporation, subject to valid existing rights, title 
     to the lands identified under subsection (b) as necessary to 
     complete the national defense railroad-utility corridor, on 
     condition that the Alaska Railroad Corporation construct in 
     the corridor an extension of the railroad system to the 
     vicinity of the proposed national missile defense 
     installation at Fort Greely, Alaska, together with such other 
     utilities, including but not limited to fiber-optic 
     transmission lines and electrical transmission lines, as it 
     considers necessary and appropriate. The Federal interest in 
     lands conveyed to the Alaska Railroad Corporation under this 
     Act shall be the same as in lands conveyed pursuant to the 
     Alaska Railroad Transfer Act (45 USC 1201 et seq.).
       (d) Applicability of Other Laws.--
       Actions authorized in this Act shall proceed immediately 
     and to conclusion not withstanding the land-use planning 
     provisions of Section 202 of the Federal Land Policy and 
     Management Act of 1976, P.L. 94-579.
       (E) Authorization of appropriations.--
       There are authorized to be appropriated such sums as may be 
     necessary to carry out the provisions of this Act.
                                 ______
                                 
  SA 4580. Mr. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 172. AIRLINE PASSENGER SCREENING.

       Section 44901(b) of title 49, United States Code, is 
     amended--
       (1) by striking ``All screening of passengers'' and 
     inserting:
       ``(1) In general.--All screening of passengers''; and
       (2) by adding at the end the following:
       ``(2) Treatment of passengers.--Screening of passengers 
     under this section shall be carried out in a manner that --
       ``(A) is not abusive or unnecessarily intrusive;
       ``(B) ensures protection of the passenger's personal 
     property; and
       ``(C) provides adequate privacy for the passenger, if the 
     screening involves the removal of clothing (other than shoes) 
     or a search under the passenger's clothing.''.
                                 ______
                                 
  SA 4581. Mr. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AGE AND OTHER LIMITATIONS.

       (a) General.--Notwithstanding any other provision of law, 
     beginning on the date that is 6 months after the date of 
     enactment of this Act--
       (1) section 121.383(c) of title 14, Code of Federal 
     Regulations, shall not apply;
       (2) no certificate holder may use the services of any 
     person as a pilot on an airplane engaged in operations under 
     part 121 of title 14, Code of Federal Regulations, if that 
     person is 63 years of age or older; and
       (3) no person may serve as a pilot on an airplane engaged 
     in operations under part 121 of title 14, Code of Federal 
     Regulations, if that person is 63 years of age or older.
       (b) Certificate Holder.--For purposes of this section, the 
     term ``certificate holder'' means a holder of a certificate 
     to operate as an air carrier or commercial operator issued by 
     the Federal Aviation Administration.
       (c) Reservation of Safety Authority.--Nothing in this 
     section is intended to change the authority of the Federal 
     Aviation Administration to take steps to ensure the safety of 
     air transportation operations involving a pilot who has 
     reached the age of 60, including its authority--
       (1) to require such a pilot to undergo additional or more 
     stringent medical, cognitive, or proficiency testing in order 
     to retain certification; or
       (2) to establish crew pairing standards for crews with such 
     a pilot.
                                 ______
                                 
  SA 4582. Mr. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:
       At the appropriate place, insert the following:

     SEC.   . FOOD AND DRINKING WATER SUPPLY SECURITY PROGRAM.

       (a) Findings.--Congress finds that--
       (1) section 413 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5180) authorizes the 
     purchase of food commodities to provide adequate supplies of 
     food for use in any area of the United States in the event of 
     a major disaster or emergency in the area;
       (2) the current terrorist threat was not envisioned when 
     that Act was enacted, and the Act does not specifically 
     require prepositioning of food supplies;
       (3) the maintenance of safe food and drinking water 
     supplies is essential;
       (4) stored food supplies for major cities are minimal;
       (5) if terrorist activity were to disrupt the 
     transportation system, affect food supplies directly, or 
     create a situation in which a quarantine would have to be 
     declared, it would require a considerable period of time to 
     ensure delivery of safe food supplies;
       (6) terrorist activity could also disrupt drinking water 
     supplies; and
       (7) accordingly, emergency food and drinking water 
     repositories should be established at such locations as will 
     ensure the availability of food and drinking water to 
     populations in area that are vulnerable to terrorist 
     activity.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to Congress a report with information necessary 
     to the establishment of secure prepositioned emergency 
     supplies of food and drinking water for major population 
     centers for use in the event of a breakdown in the food 
     supply and delivery chain.
       (2) Considerations.--The report shall consider the 
     likelihood of such breakdowns occurring from accidents and 
     natural disasters as well as terrorist activity.
       (3) Contents.--The report shall--
       (A) identify the 20 most vulnerable metropolitan areas or 
     population concentrations in the United States; and
       (B) make recommendations regarding the appropriate number 
     of days' supply of food to be maintained to ensure the 
     security of the population in each such area.
       (c) Repositories.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall establish secure repositories for food and drinking 
     water in each of the 20 areas identified in the report.
       (2) Accessibility.--The repositories shall be locally 
     accessible without special equipment in the event of a major 
     transportation breakdown.
       (d) Purchase of Supplies.--
       (1) In general.--The Secretary of Agriculture shall 
     purchase and maintain food and water stock for each 
     repository, consistent with determinations made by the 
     Secretary of Homeland Security.
       (2) Phasing in.--Purchases and full stocking of 
     repositories may be phased in over a period of not more than 
     3 years.

[[Page 17101]]

       (2) Products of the United States.--The Secretary of 
     Agriculture shall purchase for the repositories food and 
     water supplies produced, processed, and packaged exclusively 
     in the United States.
       (4) Selection.--Food and water supplies for the 
     repositories shall be selected and managed so as to provide--
       (A) quantities and packaging suitable for immediate 
     distribution to individuals and families;
       (B) forms of food products suitable for immediate 
     consumption in an emergency without heating and without 
     further preparation;
       (C) packaging that ensures that food products are maximally 
     resistant to postproduction contamination or adulteration;
       (D) packaging and preservation technology to ensure that 
     the quality of stored food and water is maintained for a 
     minimum of 4 years at ambient temperatures;
       (E) a range of food products, including meats, seafood, 
     dairy, and vegetable (including fruit and grain) products, 
     emphasizing, insofar as practicable--
       (i) food products that meet multiple nutritional needs, 
     such as those composed primarily of high-quality protein in 
     combination with essential minerals; and
       (ii) food products with a high ratio of nutrient value to 
     cost;
       (F) rotation of stock, in repositories on a regular basis 
     at intervals of not longer than 3 years; and
       (G) use of stocks of food being rotated out of repositories 
     for other suitable purposes.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 4583. Mr. GRASSLEY (for himself, Mr. Sessions, and Mrs. Feinstein) 
submitted an amendment intended to be proposed by him to the bill (H.R. 
5005, to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title I, add the following:

     SEC. 115. COUNTERNARCOTICS OFFICER.

       (a) Counternarcotics Officer.--The Secretary shall appoint 
     a senior official in the Department to assume primary 
     responsibility for coordinating policy and operations within 
     the Department, and between the Department and other 
     agencies, with respect to--
       (1) interdicting the entry of illegal drugs into the United 
     States; and
       (2) tracking and severing connections between illegal drug 
     trafficking and terrorism.
       (b) Duties.--The official appointed under subsection (a) 
     shall--
       (1) ensure the adequacy of resources within the Department 
     for illicit drug interdiction;
       (2) serve as the United States Interdiction Coordinator for 
     the Director of National Drug Control Policy; and
       (3) carry out such other duties with respect to the 
     responsibility of the official under subsection (a) as the 
     Secretary considers appropriate.
                                 ______
                                 
  SA 4584. Mr. BENNETT submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle D of title I of division A, add the 
     following:

     SEC. 173. TRANSPORTATION SECURITY REGULATIONS.

       Section 114(l)(2)(B) of title 49, United States Code, is 
     amended--
       (1) by inserting ``for a period not to exceed 30 days'' 
     after ``effective''; and
       (2) by inserting ``ratified or'' after ``unless''.
                                 ______
                                 
  SA 4585. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 137, between lines 8 and 9, insert the following:

     SEC. 172. REQUIREMENT TO BUY CERTAIN ARTICLES FROM AMERICAN 
                   SOURCES.

       (a) Requirement.--Except as provided in subsections (c) 
     through (g), funds appropriated or otherwise available to the 
     Department of Homeland Security may not be used for the 
     procurement of an item described in subsection (b) if the 
     item is not grown, reprocessed, reused, or produced in the 
     United States.
       (b) Covered Items.--An item referred to in subsection (a) 
     is any of the following:
       (1) An article or item of--
       (A) food;
       (B) clothing;
       (C) tents, tarpaulins, or covers;
       (D) cotton and other natural fiber products, woven silk or 
     woven silk blends, spun silk yarn for cartridge cloth, 
     synthetic fabric or coated synthetic fabric (including all 
     textile fibers and yarns that are for use in such fabrics), 
     canvas products, or wool (whether in the form of fiber or 
     yarn or contained in fabrics, materials, or manufactured 
     articles); or
       (E) any item of individual equipment manufactured from or 
     containing such fibers, yarns, fabrics, or materials.
       (2) Specialty metals, including stainless steel flatware.
       (3) Hand or measuring tools.
       (c) Availability Exception.--Subsection (a) does not apply 
     to the extent that the Secretary of Homeland Security 
     determines that satisfactory quality and sufficient quantity 
     of any such article or item described in subsection (b)(1) or 
     specialty metals (including stainless steel flatware) grown, 
     reprocessed, reused, or produced in the United States cannot 
     be procured as and when needed at United States market 
     prices.
       (d) Exception for Certain Procurements Outside the United 
     States.--Subsection (a) does not apply to the following:
       (1) Procurements outside the United States in support of 
     combat operations.
       (2) Procurements by vessels in foreign waters.
       (3) Emergency procurements or procurements of perishable 
     foods by an establishment located outside the United States 
     for the personnel attached to such establishment.
       (e) Exception for Specialty Metals and Chemical Warfare 
     Protective Clothing.--Subsection (a) does not preclude the 
     procurement of specialty metals or chemical warfare 
     protective clothing produced outside the United States if--
       (1) such procurement is necessary--
       (A) to comply with agreements with foreign governments 
     requiring the United States to purchase supplies from foreign 
     sources for the purposes of offsetting sales made by the 
     United States Government or United States firms under 
     approved programs serving defense requirements; or
       (B) in furtherance of agreements with foreign governments 
     in which both such governments agree to remove barriers to 
     purchases of supplies produced in the other country or 
     services performed by sources of the other country; and
       (2) any such agreement with a foreign government complies, 
     where applicable, with the requirements of section 36 of the 
     Arms Export Control Act (22 U.S.C. 2776) and with section 
     2457 of title 10, United States Code.
       (f) Exception for Certain Foods.--Subsection (a) does not 
     preclude the procurement of foods manufactured or processed 
     in the United States.
       (g) Exception for Small Purchases.--Subsection (a) does not 
     apply to purchases for amounts not greater than the 
     simplified acquisition threshold (as defined in section 4(11) 
     of the Office of Federal Procurement Policy Act (41 U.S.C. 
     403(11))).
       (h) Applicability to Contracts and Subcontracts for 
     Procurement of Commercial Items.--This section is applicable 
     to contracts and subcontracts for the procurement of 
     commercial items notwithstanding section 34 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 430).
       (i) Geographic Coverage.--In this section, the term 
     ``United States'' includes the possessions of the United 
     States.
                                 ______
                                 
  SA 4586. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:
       In section 132(b), add at the end the following:
       (14) On behalf of the Secretary, subject to disapproval by 
     the President, directing the agencies described under 
     subsection (a)(1)(B) to provide intelligence information, 
     analyses of intelligence information, and such other 
     intelligence-related information as the Under Secretary for 
     Intelligence determines necessary.
                                 ______
                                 
  SA 4587. Mr. WARNER (for himself and Mr. Thompson) submitted an 
amendment intended to be proposed to amendment SA 4471 proposed by Mr. 
Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 211, between lines 9 and 10, insert the following:

Subtitle C--Risk Sharing and Indemnification for Contractors Supplying 
                 Anti-Terrorism Technology and Services

     SEC. 521. APPLICATION OF INDEMNIFICATION AUTHORITY.

       (a) In General.--The President may exercise the 
     discretionary authority to indemnify contractors and 
     subcontractors under Public Law 85-804 (50 U.S.C. 1431 et 
     seq.) for a procurement of an anti-terrorism technology or an 
     anti-terrorism service for the purpose of preventing, 
     detecting, identifying, otherwise deterring, or recovering 
     from acts of terrorism.
       (b) Exercise of Authority.--In exercising the authority 
     under subsection (a), the President may include, among other 
     things--

[[Page 17102]]

       (1) economic damages not fully covered by private liability 
     insurance within the scope of the losses or damages of the 
     indemnification coverage;
       (2) a requirement that an indemnification provision 
     included in a contract or subcontract be negotiated prior to 
     the commencement of the performance of the contract;
       (3) the coverage of information technology used to prevent, 
     detect, identify, otherwise deter or recover from acts of 
     terrorism; and
       (4) the coverage of the United States Postal Service.

     SEC. 522. APPLICATION OF INDEMNIFICATION AUTHORITY TO STATE 
                   AND LOCAL GOVERNMENT CONTRACTORS.

       (a) In General.--Subject to the limitations of subsection 
     (b), the President may exercise the discretionary authority 
     to indemnify contractors and subcontractors under Public Law 
     85-804 (50 U.S.C. 1431 et seq.) for a procurement by a State 
     or unit of local government of an anti-terrorism service for 
     the purpose of preventing, detecting, identifying, otherwise 
     deterring, or recovering from acts of terrorism.
       (b) Exercise of Authority.--The authority of subsection (a) 
     may be exercised only--
       (1) for procurements of a State or unit of local government 
     that are made by the Secretary under contracts awarded by the 
     Secretary pursuant to the authorities of section 523;
       (2) with written approval from the Secretary, or any other 
     official designated by the President, for each procurement in 
     which indemnification is to be provided; and
       (3) with respect to--
       (A) amounts of losses or damages not fully covered by 
     private liability insurance and State or local government-
     provided indemnification, and
       (B) liabilities arising out of other than the contractor's 
     willful misconduct or lack of good faith.

     SEC. 523. PROCUREMENTS OF ANTI-TERRORISM TECHNOLOGIES AND 
                   ANTI-TERRORISM SERVICES BY STATE AND LOCAL 
                   GOVERNMENTS THROUGH FEDERAL CONTRACTS.

       (a) In General.--
       (1) Establishment of program.--The Secretary shall 
     establish a program under which States and units of local 
     government may procure through contracts entered into by the 
     Secretary anti-terrorism technology or an anti-terrorism 
     service for the purpose of preventing, detecting, 
     identifying, otherwise deterring, or recovering from acts of 
     terrorism.
       (2) Authorities.--For the sole purposes of this program, 
     the Secretary may, but shall not be required to, award 
     contracts using the same authorities provided to the 
     Administrator of General Services under section 309(b)(3) of 
     the Federal Property and Administrative Services Act, 41 
     U.S.C. 259(b)(3).
       (3) Offers not required to state and local governments.--A 
     contractor that sells anti-terrorism technology or 
     antiterrorism services to the Federal Government shall not be 
     required to offer such technology or services to a State or 
     unit of local government.
       (b) Responsibilities of the Secretary.--In carrying out the 
     program established by this section, the Secretary shall--
       (1) produce and maintain a catalog of anti-terrorism 
     technologies and anti-terrorism services suitable for 
     procurement by States and units of local government under 
     this program; and
       (2) establish procedures in accordance with subsection (c) 
     to address the procurement of anti-terrorism technologies and 
     anti-terrorism services by States and units of local 
     government under contracts awarded by the Secretary.
       (c) Required Procedures.--The procedures required by 
     subsection (b)(2) shall implement the following requirements 
     and authorities.
       (1) Submissions by states.--
       (A) In general.--Except as provided in subparagraph (B), 
     each State desiring to participate in a procurement of anti-
     terrorism technologies or anti-terrorism services through a 
     contract entered into by the Secretary shall submit to the 
     Secretary in such form and manner and at such times as the 
     Secretary prescribes, the following:
       (i) Request.--A request consisting of an enumeration of the 
     technologies or services, respectively, that are desired by 
     the State and units of local government within the State.
       (ii) Payment.--Advance payment for each requested 
     technology or service in an amount determine by the Secretary 
     based on estimated or actual costs of the technology or 
     service and administrative costs incurred by the Secretary.
       (B) Award by secretary.--The Secretary may award and 
     designate contracts under which States and units of local 
     government may procure anti-terrorism technologies and anti-
     terrorism services directly from the contract holders. No 
     indemnification may be provided under the authorities set 
     forth in section 522 for procurements that are made directly 
     between contractors and States or units of local government.
       (2) Permitted catalog technologies and services.--A State 
     may include in a request submitted under paragraph (1) only a 
     technology or service listed in the catalog produced under 
     subsection (b)(1).
       (3) Coordination of local requests within state.--The 
     Governor of a State (or the Mayor of the District of 
     Columbia) may establish such procedures as the Governor (or 
     the Mayor of the District of Columbia) considers appropriate 
     for administering and coordinating requests for anti-
     terrorism technologies or anti-terrorism services from units 
     of local government within the State.
       (4) Shipment and transportation costs.--A State requesting 
     anti-terrorism technologies or anti-terrorism services shall 
     be responsible for arranging and paying for any shipment or 
     transportation costs necessary to deliver the technologies or 
     services, respectively, to the State and localities within 
     the State.
       (d) Reimbursement of Actual Costs.--In the case of a 
     procurement made by or for a State or unit of local 
     government under the procedure established under this 
     section, the Secretary shall require the State or unit of 
     local government to reimburse the Department for the actual 
     costs it has incurred for such procurement.
       (e) Time for Implementation.--The catalog and procedures 
     required by subsection (b) of this section shall be completed 
     as soon as practicable and no later than 210 days after the 
     enactment of this Act.

     SEC. 524. CONGRESSIONAL NOTIFICATION.

       (a) In General.--Notwithstanding any other law, a Federal 
     agency shall, when exercising the discretionary authority of 
     Public Law 85-804, as amended by section 522, to indemnify 
     contractors and subcontractors, provide written notification 
     to the Committees identified in subsection (b) within 30 days 
     after a contract clause is executed to provide 
     indemnification.
       (b) Submission.--The notification required by subsection 
     (a) shall be submitted to--
       (1) the Appropriations Committees of the Senate and House;
       (2) the Armed Services Committees of the Senate and House;
       (3) the Senate Governmental Affairs Committee; and
       (4) the House Government Reform Committee.

     SEC. 525. DEFINITIONS.

       In this subtitle:
       (1) Anti-terrorism technology and service.--The terms 
     ``anti-terrorism technology'' and ``anti-terrorism service'' 
     mean any product, equipment, or device, including information 
     technology, and any service, system integration, or other 
     kind of service (including a support service), respectively, 
     that is related to technology and is designed, developed, 
     modified,or procured for the purpose of preventing, 
     detecting, identifying, otherwise deterring, or recovering 
     from acts of terrorism.
       (2) Act of terrorism.--The term ``act of terrorism'' means 
     a calculated attack or threat of attack against any person, 
     property, or infrastructure to inculcate fear, or to 
     intimidate or coerce a government, the civilian population, 
     or any segment thereof, in the pursuit of political, 
     religious, ideological objectives.
       (3) Information technology.--The term ``information 
     technology'' has the meaning such term in section 11101(6) of 
     title 40, United States Code.
       (4) State.--The term ``State'' includes the District of 
     Columbia, the Commonwealth of Puerto Rico, the Commonwealth 
     of the Northern Mariana Islands, and any territory or 
     possession of the United States.
       (5) Unit of local government.--The term ``unit of local 
     government'' means any city, county, township, town, borough, 
     parish, village, or other general purpose political 
     subdivision of a State; an Indian tribe which performs law 
     enforcement functions as determined by the Secretary of the 
     Interior; or any agency of the District of Columbia 
     Government or the United States Government performing law 
     enforcement functions in and for the District of Columbia or 
     the Trust Territory of the Pacific Islands.
                                 ______
                                 
  SA 4588. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed to amendment SA 4471 proposed by Mr. Lieberman to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; as follows:

       At the end of subtitle D of title I, add the following:

     SEC. 173. CONFORMING AMENDMENTS REGARDING LAWS ADMINISTERED 
                   BY THE SECRETARY OF VETERANS AFFAIRS.

       (a) Title 38, United States Code.--
       (1) Secretary of homeland security as head of coast 
     guard.--Title 38, United States Code, is amended by striking 
     ``Secretary of Transportation'' and inserting ``Secretary of 
     Homeland Security'' in each of the following provisions:
       (A) Section 101(25)(D).
       (B) Section 1974(a)(5).
       (C) Section 3002(5).
       (D) Section 3011(a)(1)(A)(ii), both places it appears.
       (E) Section 3012(b)(1)(A)(v).
       (F) Section 3012(b)(1)(B)(ii)(V).
       (G) Section 3018A(a)(3).
       (H) Section 3018B(a)(1)(C).
       (I) Section 3018B(a)(2)(C).
       (J) Section 3018C(a)(5).
       (K) Section 3020(m)(4).

[[Page 17103]]

       (L) Section 3035(d).
       (M) Section 6105(c).
       (2) Department of homeland security as executive department 
     of coast guard.--Title 38, United States Code, is amended by 
     striking ``Department of Transportation'' and inserting 
     ``Department of Homeland Security'' in each of the following 
     provisions:
       (A) Section 1560(a).
       (B) Section 3035(b)(2).
       (C) Section 3035(c).
       (D) Section 3035(d).
       (E) Section 3035(e)(1)(C).
       (F) Section 3680A(g).
       (b) Soldiers' and Sailors' Civil Relief Act of 1940.--The 
     Soldiers' and Sailors' Civil Relief Act of 1940 is amended by 
     striking ``Secretary of Transportation'' and inserting 
     ``Secretary of Homeland Security'' in each of the following 
     provisions:
       (1) Section 105 (50 U.S.C. App. 515), both places it 
     appears.
       (2) Section 300(c) (50 U.S.C. App. 530).
       (c) Other Laws and Documents.--(1) Any reference to the 
     Secretary of Transportation, in that Secretary's capacity as 
     the head of the Coast Guard when it is not operating as a 
     service in the Navy, in any law, regulation, map, document, 
     record, or other paper of the United States administered by 
     the Secretary of Veterans Affairs shall be considered to be a 
     reference to the Secretary of Homeland Security.
       (2) Any reference to the Department of Transportation, in 
     its capacity as the executive department of the Coast Guard 
     when it is not operating as a service in the Navy, in any 
     law, regulation, map, document, record, or other paper of the 
     United States administered by the Secretary of Veterans 
     Affairs shall be considered to be a reference to the 
     Department of Homeland Security.
                                 ______
                                 
  SA 4589. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle D of title I, add the following:

     SEC. 173. CONSTRUCTION OF AUTHORITIES OF DEPARTMENT HOMELAND 
                   SECURITY AS AUTHORIZATION FOR USE OF ARMED 
                   FORCES AS POSSE COMITATUS.

       (a) Construction of Authorities.--No provision of this 
     title or amendment made by this title may be construed as an 
     express authorization of the use of any part of the Army or 
     the Air Force as a posse comitatus or otherwise to execute 
     the laws as prohibited by section 1385 of title 18, United 
     States Code.
                                 ______
                                 
  SA 4590. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 20, line 10, strike ``Section 104'' and insert 
     ``Section 401''.

       On page 220, line 1, strike ``section 1111(c)'' and insert 
     ``section 111(c)''.
                                 ______
                                 
  SA 4591. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 105, strike line 22 and all that follows 
     through page 106, line 2, and insert the following:
       (A) Designation.--The Secretary shall designate for each 
     State and for each city with a population of more than 
     900,000 not less than 1 employee of the Department to--
       (i) serve as the Homeland Security Liaison Officer in that 
     State or city; and
                                 ______
                                 
  SA 4592. Mr. SCHUMER (for himself and Mr. Warner) submitted an 
amendment intended to be proposed to amendment SA 4471 proposed by Mr. 
Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 103, between lines 12 and 13, insert the following:
       (n) Research and Development Grants for Port Security.--
       (1) Authority.--The Secretary of Homeland Security is 
     authorized to award grants to national laboratories, private 
     nonprofit organizations, institutions of higher education, 
     and other entities for the support of research and 
     development of technologies that can be used to secure the 
     ports of the United States.
       (2) Use of funds.--Grants awarded pursuant to paragraph (1) 
     may be used to develop technologies such as--
       (A) methods to increase the ability of the Customs Service 
     to inspect merchandise carried on any vessel that will arrive 
     or has arrived at any port or place in the United States;
       (B) equipment that accurately detects explosives, or 
     chemical and biological agents that could be used to commit 
     terrorist acts in the United States;
       (C) equipment that accurately detects nuclear materials, 
     including scintillation-based detection equipment capable of 
     attachment to spreaders to signal the presence of nuclear 
     materials during the unloading of containers;
       (D) improved tags and seals designed for use on shipping 
     containers to track the transportation of the merchandise in 
     such containers, including ``smart sensors'' that are able to 
     track a container throughout its entire supply chain, detect 
     hazardous and radioactive materials within that container, 
     and transmit such information to the appropriate authorities 
     at a remote location;
       (E) tools to mitigate the consequences of a terrorist act 
     at a port of the United States, including a network of 
     sensors to predict the dispersion of radiological, chemical, 
     or biological agents that might be intentionally or 
     accidentally released; and
       (F) pilot projects that could be implemented within 12 
     months at 1 of the Nation's 10 largest ports to demonstrate 
     the effectiveness of a system of radiation detection monitors 
     located throughout the port to detect nuclear or radiological 
     material.
       (3) Applications for grants.--Each entity desiring a grant 
     under this subsection shall submit an application to the 
     Secretary of Homeland Security at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     reasonably require.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated $50,000,000 for each of the fiscal years 
     2003 through 2007 to carry out the provisions of this 
     subsection.
                                 ______
                                 
  SA 4593. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 72 of the bill, line 6, after ``risk analysis and 
     risk management activities'' insert the following: 
     ``(including maintenance of a database of radioactive 
     materials that may be used to produce a radiological 
     dispersal device)''.
                                 ______
                                 
  SA 4594. Mr. INOUYE submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 9, between lines 8 and 9, insert the following:
       (9) Indian tribe.--The term ``Indian tribe'' means any 
     Indian tribe, band, nation, or other organized group or 
     community located in the continental United States (excluding 
     the State of Alaska) that is recognized as being eligible for 
     the special programs and services provided by the United 
     States to Indians because of their status as Indians.
       On page 9, strike lines 9 through 12 and insert the 
     following:
       (10) Local government.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``local government'' has the meaning given the term 
     in section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122).
       (B) Exclusion.--The term ``local government'' does not 
     include an Indian tribe or tribal government.
       On page 9, line 13, strike ``(10)'' and insert ``(11)''.
       On page 9, line 16, strike ``(11)'' and insert ``(12)''.
       On page 9, line 18, strike ``(12)'' and insert ``(13)''.
       On page 9, line 23, strike ``(13)'' and insert ``(14)''.
       On page 10, line 1, strike ``(14)'' and insert ``(15)''.
       On page 10, between lines 4 and 5, insert the following:
       (16) Tribal college or university.--The term ``tribal 
     college or university'' has the meaning given the term 
     ``tribally controlled college or university'' in section 
     316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b)).
       (17) Tribal government.--The term ``tribal government'' 
     means the governing body of an Indian tribe that is 
     recognized by the Secretary of the Interior.
       On page 10, line 5, strike ``(15)'' and insert ``(18)''.
       On page 12, line 25, insert ``, tribal,'' after ``State''.
       On page 13, line 18, insert ``, tribal,'' after ``State''.
       On page 13, line 22, insert ``, tribal,'' after ``State''.
       On page 14, line 3, insert ``, tribal,'' after ``State''.
       On page 14, line 9, insert ``tribal,'' after ``regional,''.

[[Page 17104]]

       On page 14, line 16, insert ``, tribal,'' after ``State''.
       On page 14, line 22, insert ``tribal,'' after 
     ``regional,''.
       On page 15, line 21, insert ``tribal,'' after ``State,''.
       On page 16, line 2, insert ``, tribal,'' after ``State''.
       On page 42, line 19, insert ``, tribal,'' after ``State''.
       On page 55, line 3, insert ``, tribal,'' after ``State''.
       On page 55, line 23, insert ``, tribal,'' after ``State''.
       On page 56, lines 18 and 19, strike ``State and local 
     governments, local'' and insert ``State, tribal, and local 
     governments, tribal and local''.
       On page 59, lines 10 and 11, strike ``State and local 
     governments, local'' and insert ``State, tribal, and local 
     governments, tribal and local''.
       On page 64, line 24, insert ``, tribal,'' after ``State''.
       On page 69, line 12, insert ``, tribal,'' after ``State''.
       On page 69, line 16, insert ``tribal,'' after ``State,''.
       On page 70, line 1, insert ``, tribal,'' after ``State''.
       On page 70, line 3, insert ``, tribal,'' after ``State''.
       On page 75, line 17, insert ``tribal,'' after ``State,''.
       On page 78, line 18, strike ``local,'' and insert ``tribal, 
     and local government''.
       On page 79, line 1, insert ``tribal and'' after ``to 
     assist''.
       On page 85, line 18, insert ``tribal,'' after ``State,''.
       On page 85, line 22, insert ``tribal colleges and 
     universities,'' after ``universities,''.
       On page 100, line 8, insert ``tribal colleges and 
     universities and'' before ``nonprofit''.
       On page 101, line 19, insert ``, tribal colleges and 
     universities,'' after ``universities''.
       On page 103, line 17, insert ``tribal,'' after ``state''.
       On page 103, line 20, insert ``, Tribal,'' after ``State''.
       On page 103, line 22, insert ``, tribal,'' after ``State''.
       On page 104, line 2, strike ``State and local government'' 
     and insert ``State, tribal, and local governments''.
       On page 104, line 4, strike ``State and local government'' 
     and insert ``State, tribal, and local governments''.
       On page 104, line 6, strike ``State and local government'' 
     and insert ``State, tribal, and local governments''.
       On page 104, line 10, strike ``State and local government'' 
     and insert ``State, tribal, and local governments''.
       On page 104, line 24, insert ``, tribal,'' after ``State''.
       On page 105, line 8, insert ``, tribal,'' after ``State''.
       On page 105, line 11, insert ``, tribal,'' after ``State''.
       On page 105, line 15, insert ``, tribal,'' after ``State''.
       On page 105, strike lines 19 and 20 and insert the 
     following:

     nation of Department priorities--

       (I) within each State and Indian tribe;
       (II) between States;
       (III) between Indian tribes; and
       (IV) between States and Indian tribes.

       On page 105, line 23, insert ``and for each regional office 
     of the Bureau of Indian Affairs'' after ``State''.
       On page 106, line 2, insert ``or for Indian tribes covered 
     by that regional office of the Bureau of Indian Affairs, as 
     the case may be'' after ``State''.
       On page 106, line 4, insert ``, tribal,'' after ``State''.
       On page 106, line 17, insert ``tribal,'' after ``State,''.
       On page 106, line 22, insert ``, tribal,'' after ``State''.
       On page 107, line 3, insert ``, tribal,'' after ``State''.
       On page 107, line 6, insert ``, tribal,'' after ``State''.
       On page 107, line 9, insert ``, tribal,'' after ``State''.
       On page 107, line 16, insert ``, tribal,'' after ``State''.
       On page 107, line 20, insert ``, tribal,'' after ``State''.
       On page 108, line 6, insert ``tribal,'' after ``State,''.
       On page 115, lines 23 and 24, insert ``tribal 
     governments,'' after ``political subdivisions,''.
       On page 118, line 3, insert ``, tribal,'' after ``State''.
       On page 121, line 15, insert ``, tribal,'' after ``state''.
       On page 121, line 17, insert ``tribal,'' after ``State,''.
       On page 121, line 20, insert ``tribal,'' after ``State,''.
       On page 121, line 23, insert ``tribal,'' after ``State,''.
       On page 122, line 4, insert ``tribal,'' after ``State,''.
       On page 122, line 12, insert ``, tribal,'' after ``State''.
       On page 134, line 24, insert ``, tribal,'' after ``State''.
       On page 171, line 21, insert ``, tribal,'' after ``State''.
       On page 171, line 22, insert ``, tribal,'' after ``State''.
       On page 172, line 8, insert ``, tribal,'' after ``State''.
       On page 172, line 18, insert ``, tribal,'' after ``State''.
       On page 176, line 19, insert ``, tribal,'' after ``State''.
       On page 187, line 1, insert ``, tribal,'' after ``State''.
       On page 187, line 17, insert ``, tribal,'' after ``State''.
       On page 238, lines 14 and 15, strike ``local or regional'' 
     and insert ``regional, tribal, or local government''.
                                 ______
                                 
  SA 4595. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 59, between lines 12 and 13, insert the following:
       (14) Developing and implementing a system of Interagency 
     Homeland Security Fusion Centers, including regional centers, 
     which shall--
       (A) be responsible for coordinating the interagency fusion 
     of tactical homeland security intelligence;
       (B) facilitate information sharing between all of the 
     participating agencies;
       (C) provide intelligence cueing to the appropriate agencies 
     concerning threats to the homeland security of the United 
     States;
       (D) be composed of individuals designated by the Secretary, 
     and may include representatives of--
       (i) the agencies described in clauses (i) and (ii) of 
     subsection (a)(1)(B);
       (ii) agencies within the Department;
       (iii) any other Federal, State, or local agency the 
     Secretary deems necessary; and
       (iv) representatives of such foreign governments as the 
     President may direct;
       (E) be established in an appropriate number to adequately 
     accomplish their mission;
       (F) operate in conjunction with or in place of other 
     intelligence or fusion centers currently in existence; and
       (G) have an implementation plan submitted to Congress no 
     later than 1 year after the date of enactment of this Act.
                                 ______
                                 
  SA 4596. Mrs. CLINTON (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed to amendment SA 4471 proposed by Mr. 
Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:
       On page 113, between lines 15 and 16, insert the following 
     new paragraph:
       (4) as part of the overall effort to secure the United 
     States borders, increase the security of the border between 
     the United States and Canada and the ports of entry located 
     along that border, and improve the coordination among the 
     agencies responsible for maintaining that security;
                                 ______
                                 
  SA 4597. Mrs. CLINTON (for herself, Mr. Inhofe, Mr. Leahy, and Mr. 
Jeffords) submitted an amendment intended to be proposed by her to the 
bill H.R. 5005, to establish the Department of Homeland Security, and 
for other purposes; which was ordered to lie on the table; as follows:

       Section 134(b) is amended by adding at the end the 
     following:
       (16) Coordinating existing mental health services and 
     interventions to ensure that the Department of Health and 
     Human Services, the Department of Education, the Department 
     of Justice, the Department of Defense, the Federal Emergency 
     Management Agency, and the Department of Veterans Affairs, 
     including the National Center for Post-Traumatic Stress 
     Disorder, in conjunction with the Department, assess, 
     prepare, and respond to the psychological consequences of 
     terrorist attacks or major disasters.
                                 ______
                                 
  SA 4598. Mrs. CLINTON (for herself and Mr. Inhofe) submitted an 
amendment intended to be proposed by her to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       Section 134(b) is amended by adding at the end the 
     following:
       (16) Coordinating existing mental health services and 
     interventions to ensure that the Department of Health and 
     Human Services, the Department of Education, the Department 
     of Justice, the Department of Defense, the Federal Emergency 
     Management Agency, and the Department of Veterans Affairs, in 
     conjunction with the Department, assess, prepare, and respond 
     to the psychological consequences of terrorist attacks or 
     major disasters.
                                 ______
                                 
  SA 4599. Mr. HARKIN (for himself and Mr. Lugar) submitted an 
amendment intended to be proposed to amendment SA 4471 proposed by Mr.

[[Page 17105]]

Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; as follows:
       On page 42, lines 11 and 12, strike ``, including 
     agriculture and livestock,''.
       On page 43, between lines 2 and 3, insert the following:
       (7) Consistent with section 173, conducting agricultural 
     import and entry inspection functions transferred under 
     section 173.
       On page 43, line 3, strike ``(7)'' and insert ``(8)''.
       On page 43, strike lines 16 through 19.
       On page 43, line 20, strike ``(4)'' and insert ``(3)''.
       On page 43, line 22, strike ``(5)'' and insert ``(4)''.
       On page 69, lines 18 and 19, strike ``providing a single 
     staff for'' and insert ``coordinating''.
       On page 71, line 3, strike ``Consulting'' and insert 
     ``Collaborating''
       On page 71, lines 8 and 9, strike ``of the Select Agent 
     Registration Program transferred under subsection (c)(6)'' 
     and insert ``described in subsection (c)(6)(B)''.
       Beginning on page 73, strike line 23 and all that follows 
     through page 74, line 6, and insert the following:
       (6)(A) Except as provided in subparagraph (B)--
       (i) the functions of the Select Agent Registration Program 
     of the Department of Health and Human Services, including all 
     functions of the Secretary of Health and Human Services under 
     title II of the Public Health Security and Bioterrorism 
     Preparedness and Response Act of 2002 (Public Law 107-188); 
     and
       (ii) the functions of the Department of Agriculture under 
     the Agricultural Bioterrorism Protection Act of 2002 (7 
     U.S.C. 8401 et seq.).
       (B)(i) The Secretary shall collaborate with the Secretary 
     of Health and Human Services in determining the biological 
     agents and toxins that shall be listed as ``select agents'' 
     in Appendix A of part 72 of title 42, Code of Federal 
     Regulations, pursuant to section 351A of the Public Health 
     Service Act (42 U.S.C. 262a).
       (ii) The Secretary shall collaborate with the Secretary of 
     Agriculture in determining the biological agents and toxins 
     that shall be included on the list of biological agents and 
     toxins required under section 212(a) of the Agricultural 
     Bioterrorism Protection Act of 2002 (7 U.S.C. 8401).
       (C) In promulgating regulations pursuant to the functions 
     described in subparagraph (A), the Secretary shall act in 
     collaboration with the Secretary of Health and Human Services 
     and the Secretary of Agriculture.
       On page 137, between lines 13 and 14, insert the following:

     SEC. 173. TRANSFER OF CERTAIN AGRICULTURAL INSPECTION 
                   FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE.

       (a) Definition of Covered Law.--In this section, the term 
     ``covered law'' means--
       (1) the first section of the Act of August 31, 1922 
     (commonly known as the ``Honeybee Act'') (7 U.S.C. 281);
       (2) title III of the Federal Seed Act (7 U.S.C. 1581 et 
     seq.);
       (3) the Plant Protection Act (7 U.S.C. 7701 et seq.);
       (4) the Animal Health Protection Act (7 U.S.C. 8301 et 
     seq.);
       (5) section 11 of the Endangered Species Act of 1973 (16 
     U.S.C. 1540).
       (6) the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et 
     seq.); and
       (7) the eighth paragraph under the heading ``BUREAU OF 
     ANIMAL INDUSTRY'' in the Act of March 4, 1913 (commonly known 
     as the ``Virus-Serum-Toxin Act'') (21 U.S.C. 151 et seq.);
       (b) Transfer.--
       (1) In general.--Subject to paragraph (2), there is 
     transferred to the Secretary of Homeland Security the 
     functions of the Secretary of Agriculture relating to 
     agricultural import and entry inspection activities under 
     each covered law.
       (2) Quarantine activities.--The functions transferred under 
     paragraph (1) shall not include any quarantine activity 
     carried out under a covered law.
       (c) Effect of Transfer.--
       (1) Compliance with department of agriculture 
     regulations.--The authority transferred under subsection (b) 
     shall be exercised by the Secretary of Homeland Security in 
     accordance with the regulations, policies, and procedures 
     issued by the Secretary of Agriculture regarding the 
     administration of each covered law.
       (2) Rulemaking coordination.--The Secretary of Agriculture 
     shall coordinate with the Secretary of Homeland Security in 
     any case in which the Secretary of Agriculture prescribes 
     regulations, policies, or procedures for administering the 
     functions transferred under subsection (b) under a covered 
     law.
       (3) Effective administration.--The Secretary of Homeland 
     Security, in consultation with the Secretary of Agriculture, 
     may issue such directives and guidelines as are necessary to 
     ensure the effective use of personnel of the Department of 
     Homeland Security to carry out the functions transferred 
     under subsection (b).
       (d) Transfer Agreement.--
       (1) In general.--Before the completion of the transition 
     period (as defined in section 181), the Secretary of 
     Agriculture and the Secretary of Homeland Security shall 
     enter into an agreement to carry out this section.
       (2) Required terms.--The agreement required by this 
     subsection shall provide for--
       (A) the supervision by the Secretary of Agriculture of the 
     training of employees of the Secretary of Homeland Security 
     to carry out the functions transferred under subsection (b);
       (B) the transfer of funds to the Secretary of Homeland 
     Security under subsection (e);
       (C) authority under which the Secretary of Homeland 
     Security may perform functions that--
       (i) are delegated to the Animal and Plant Health Inspection 
     Service of the Department of Agriculture regarding the 
     protection of domestic livestock and plants; but
       (ii) are not transferred to the Secretary of Homeland 
     Security under subsection (b); and
       (D) authority under which the Secretary of Agriculture may 
     use employees of the Department of Homeland Security to carry 
     out authorities delegated to the Animal and Plant Health 
     Inspection Service regarding the protection of domestic 
     livestock and plants.
       (3) Review and revision.--After the date of execution of 
     the agreement described in paragraph (1), the Secretary of 
     Agriculture and the Secretary of Homeland Security--
       (A) shall periodically review the agreement; and
       (B) may jointly revise the agreement, as necessary.
       (e) Periodic Transfer of Funds to Department of Homeland 
     Security.--
       (1) Transfer of funds.--Subject to paragraph (2), out of 
     any funds collected as fees under sections 2508 and 2509 of 
     the Food, Agriculture, Conservation, and Trade Act of 1990 
     (21 U.S.C. 136, 136a), the Secretary of Agriculture shall 
     periodically transfer to the Secretary of Homeland Security, 
     in accordance with the agreement under subsection (d), funds 
     for activities carried out by the Secretary of Homeland 
     Security for which the fees were collected.
       (2) Limitation.--The proportion of fees collected under 
     sections 2508 and 2509 of the Food, Agriculture, 
     Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a) 
     that are transferred to the Secretary of Homeland Security 
     under paragraph (1) may not exceed the proportion that--
       (A) the costs incurred by the Secretary of Homeland 
     Security to carry out activities funded by those fees; bears 
     to
       (B) the costs incurred by the Federal Government to carry 
     out activities funded by those fees.
       (f) Transfer of Department of Agriculture Employees.--Not 
     later than the completion of the transition period (as 
     defined in section 181), the Secretary of Agriculture shall 
     transfer to the Department of Homeland Security not more than 
     3,200 full-time equivalent positions of the Department of 
     Agriculture.
       (g) Protection of Inspection Animals.--
       (1) Definition of secretary concerned.--Title V of the 
     Agricultural Risk Protection Act of 2000 is amended--
       (A) by redesignating sections 501 and 502 (7 U.S.C. 2279e, 
     2279f) as sections 502 and 503, respectively; and
       (B) by inserting before section 502 (as redesignated by 
     subparagraph (A)) the following:

     ``SEC. 501. DEFINITION OF SECRETARY CONCERNED.

       ``In this title, the term `Secretary concerned' means--
       ``(1) the Secretary of Agriculture, with respect to an 
     animal used for purposes of official inspections by the 
     Department of Agriculture; and
       ``(2) the Secretary of Homeland Security, with respect to 
     an animal used for purposes of official inspections by the 
     Department of Homeland Security.''.
       (2) Conforming amendments.--
       (A) Section 502 of the Agricultural Risk Protection Act of 
     2000 (as redesignated by paragraph (1)(A)) is amended--
       (i) in subsection (a)--

       (I) by inserting ``or the Department of Homeland Security'' 
     after ``Department of Agriculture''; and
       (II) by inserting ``or the Secretary of Homeland Security'' 
     after ``Secretary of Agriculture''; and

       (ii) by striking ``Secretary'' each place it appears (other 
     than in subsections (a) and (e)) and inserting ``Secretary 
     concerned''.
       (B) Section 503 of the Agricultural Risk Protection Act of 
     2000 (as redesignated by paragraph (1)(A)) is amended by 
     striking ``501'' each place it appears and inserting ``502''.
       (C) Section 221 of the Public Health Security and 
     Bioterrorism Preparedness and Response Act of 2002 (7 U.S.C. 
     8411) is repealed.

     SEC. 174. COORDINATION OF INFORMATION AND INFORMATION 
                   TECHNOLOGY.

       (a) Definition of Affected Agency.--In this section, the 
     term ``affected agency'' means--
       (1) the Department of Homeland Security;
       (2) the Department of Agriculture;
       (3) the Department of Health and Human Services; and

[[Page 17106]]

       (4) any other department or agency determined to be 
     appropriate by the Secretary of Homeland Security.
       (b) Coordination.--Consistent with section 171, the 
     Secretary of Homeland Security, in coordination with the 
     Secretary of Agriculture, the Secretary of Health and Human 
     Services, and the head of each other department or agency 
     determined to be appropriate by the Secretary of Homeland 
     Security, shall ensure that appropriate information (as 
     determined by the Secretary of Homeland Security) concerning 
     inspections of articles that are imported or entered into the 
     United States, and are inspected or regulated by 1 or more 
     affected agencies, is timely and efficiently exchanged 
     between the affected agencies.
       (c) Report and Plan.--Not later than 18 months after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security, in consultation with the Secretary of Agriculture, 
     the Secretary of Health and Human Services, and the head of 
     each other department or agency determined to be appropriate 
     by the Secretary of Homeland Security, shall submit to 
     Congress--
       (1) a report on the progress made in implementing this 
     section; and
       (2) a plan to complete implementation of this section.
                                 ______
                                 
  SA 4600. Mr. TORRICELLI submitted an amendment intended to be 
proposed by him to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of subtitle C of title XI of division B, insert 
     the following new section:

     SEC. 1124. VISA ISSUANCE.

       (a) Report on Identity Authentication.--Not later than 120 
     days after the date of enactment of this Act, the President 
     shall submit to the appropriate committees of Congress a 
     report regarding the establishment of an identity 
     authentication system to screen aliens applying for visas to 
     the United States. The report shall consider the utility of 
     commercially available domestic and global data sources and 
     technology and scoring and modeling methods to generate risk 
     scores based on the information supplied by the alien.
       (b) Coordination Plan.--
       (1) Requirement for plan.--Not later than one year after 
     the date of enactment of this Act, the President shall 
     develop and implement a plan based on the findings of the 
     report under subsection (a) to establish an identity 
     authentication system to screen aliens applying for visas to 
     the United States. Such a system shall be consistent with 
     title III of the Enhanced Border Security and Visa Reform 
     Act, (Public Law 107-173). The system shall also be 
     consistent with the Aviation Transportation and Security 
     Act's Computer Assisted Passenger Prescreening System (CAPPS) 
     II, e-government programs, and other appropriate programs 
     requiring authentication of identity.
       (2) Consultation requirement.--In the preparation and 
     implementation of the plan under this subsection, the 
     President shall consult with the appropriate committees of 
     Congress.
       (3) Protection regarding information and uses thereof.--The 
     plan under this subsection shall be consistent with the 
     protections and penalties established under section 201(c) 
     (3) and (4) of the Enhanced Border Security and Visa Reform 
     Act, (Public Law 107-173).
       (c) Authentication.--In this section, the term 
     ``authentication'' means a knowledge-based system that 
     employs available personal identifying information to 
     validate personal information supplied by an alien applying 
     for a visa. A knowledge-based system is one where persons are 
     recognized by demonstrating they are in possession of certain 
     information that only that person would be expected to know.
                                 ______
                                 
  SA 4601. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title I, add the following:

     SEC. 173. NATIONAL GUARD TECHNOLOGY CENTER OF EXCELLENCE.

       (a) Findings.--Congress makes the following findings:
       (1) The Weapons of Mass Destruction Civil Support Teams of 
     the National Guard have a mission that differs from the 
     warfighting mission of other units of the National Guard.
       (2) The traditional approach of equipping National Guard 
     personnel with equipment used by personnel on full-time 
     military duty is inadequate for civil support team personnel 
     because of the unique mission of the civil support teams.
       (3) It is in the national interest that special efforts be 
     undertaken immediately to provide the civil support teams 
     with the technologies needed to support their unique mission.
       (4) Some of the technologies needed to support the mission 
     of the civil support teams is available commercially, while 
     other technologies will need to be developed.
       (5) The civil support teams also need cost effective, 
     efficient training designed for their unique mission.
       (6) National Guard personnel involved in other homeland 
     security missions also require technologies and training in 
     support of such missions.
       (b) Establishment.--Not later than one year after the date 
     of enactment of this Act, the Secretary shall, in 
     coordination with the Secretary of Defense, establish a 
     National Guard Technology Center of Excellence (in this 
     section referred to as the ``Center'').
       (c) Requirements.--(1) The Center shall consist of a 
     consortium of at least one national laboratory, and such 
     universities, non-profit research institutes, and other 
     entities, selected by the Secretary for purposes of the 
     Center.
       (2) Each laboratory or entity selected for participation in 
     the Center shall possess significant expertise in the 
     development of technologies for the Federal Government for 
     homeland defense.
       (3) Subject to limitations imposed by the Secretary of 
     Defense, the Center shall have ready access to a military 
     installation that supports the National Guard.
       (d) Mission.--The mission of the Center is as follows:
       (1) To support the development and procurement of 
     technologies for the Weapons of Mass Destruction Civil 
     Support Teams of the National Guard, and other personnel and 
     units of the National Guard engaged in homeland defense, for 
     the purpose of assisting such teams in carrying out their 
     missions.
       (2) To support the development and deployment of an 
     improved training curricula to support the Weapons of Mass 
     Destruction Civil Support Teams of the National Guard.
       (e) Lead Entity.--(1) The Secretary shall designate a 
     national laboratory, or one of the other entities, comprising 
     the Center as lead entity of the Center. The laboratory or 
     entity so designated shall have expertise in chemical, 
     biological, and nuclear regimens.
       (2) The entity designated under paragraph (1) shall carry 
     out such activities in that capacity as the Secretary shall 
     provide, including service as liaison between the Center and 
     the Department regarding the activities of the Center.
       (f) Funding.--There are authorized to be appropriated to 
     the Department, for transfer to the entity designated under 
     subsection (e)--
       (1) $4,000,000 to carry out the activities described in 
     subsection (d)(1); and
       (2) $1,000,000 to carry out the activities described in 
     subsection (d)(2).
                                 ______
                                 
  SA 4602. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 86, line 3, strike ``$200,000,000'' and insert 
     ``$500,000,000''
                                 ______
                                 
  SA 4603. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:
       On page 137, between lines 13 and 14, insert the following:

     SEC. 173. LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT.

       (a) Authorization.--Government-owned, contractor-operated 
     laboratories that receive funds available to the Department 
     for national security programs are authorized to carry out 
     laboratory-directed research and development, as defined in 
     section 3132 of the National Defense Authorization Act for 
     Fiscal Year 1991 (42 U.S.C. 7257a(d)).
       (b) Regulations.--The Secretary shall prescribe regulations 
     for the conduct of laboratory-directed research and 
     development at laboratories under subsection (a).
       (c) Funding.--Of the funds provided by the Department to 
     laboratories under subsection (a) for national security 
     activities, the Secretary shall provide a specific amount, 
     not to exceed 6 percent of such funds, to be used by such 
     laboratories for laboratory-directed research and 
     development.
                                 ______
                                 
  SA 4604. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:
       On page 75, strike lines 22 and 23, and insert the 
     following:
     technical matters relevant to homeland security;
       (5) coordinating and integrating all research, development, 
     demonstration, testing, and evaluation activities of the 
     Department; and

[[Page 17107]]

       (6) facilitating the transfer and deployment of
                                 ______
                                 
  SA 4605. Mr. HUTCHINSON submitted an amendment intended to be 
proposed to amendment SA 4471 proposed by Mr. Lieberman to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; which was ordered to lie on the table; as follows:
       At the appropriate place, insert the following:

     SEC. __. LAW ENFORCEMENT SUPPORT FOR JEFFERSON LABS.

       (a) In General.--The Secretary of Health and Human 
     Services, on behalf of the United States--
       (1) may relinquish to the State of Arkansas or to local 
     government all or part of the jurisdiction of the United 
     States over the lands and properties encompassing the 
     Jefferson Labs campus in the State of Arkansas that are under 
     the supervision or control of the Secretary; or
       (2) may establish concurrent jurisdiction between the 
     Federal Government and the State or local government over 
     such lands and properties.
       (b) Terms.--Relinquishment of jurisdiction under this 
     section may be accomplished, under terms and conditions that 
     the Secretary deems advisable, by filing with the Governor of 
     the State of Arkansas concerning a notice of relinquishment 
     to take effect upon acceptance thereof.
       (c) Definition.--In this section, the term ``Jefferson Labs 
     campus'' means the lands and properties of the National 
     Center for Toxicological Research and the Arkansas Regional 
     Laboratory.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 4606. Mr. HUTCHINSON submitted an amendment intended to be 
proposed to amendment SA 4471 proposed by Mr. Lieberman to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; which was ordered to lie on the table; as follows:
       On page 114, between lines 5 and 6, insert the following:

     SEC. 140. VACCINE ACQUISITION COUNCIL.

       (a) Establishment.--
       (1) In general.--There is a Vaccine Acquisition Council 
     within the Department of Homeland Security.
       (2) Composition.--The Council shall consist of the 
     following:
       (A) Personnel of the Department of Homeland Security 
     designated by the Secretary of Homeland Security.
       (B) Representatives of the Department of Defense designated 
     by the Secretary of Defense.
       (C) Representatives of the Department of Health and Human 
     Services designated by the Secretary of Health and Human 
     Services.
       (D) The Assistant to the President for Science and 
     Technology.
       (3) Chair.--The Secretary of Homeland Security shall 
     designate an officer or employee of the Department of 
     Homeland Security as the Chairperson of the Council.
       (b) Duties.--The Vaccine Acquisition Council shall have the 
     following duties:
       (1) Requirements definition.--To identify the public health 
     requirements of the Department of Homeland Security and the 
     Department of Health and Human Services and the military 
     requirements of the Department of Defense for vaccines to 
     prevent or mitigate the physiological effects of exposure to 
     biological warfare agents.
       (2) Budget recommendations.--To make recommendations to the 
     Secretary of Homeland Security, the Secretary of Defense, the 
     Secretary of Department of Health and Human Services, and the 
     heads of other agencies of the United States regarding the 
     funding of acquisitions of such vaccines to meet 
     requirements.
       (3) Liaison with industry.--To serve as a clearinghouse for 
     the communication of information between agencies of the 
     United States and private sector sources of such vaccines.
       (4) Coordination of acquisitions.--To coordinate the 
     acquisition of such vaccines for meeting the requirements of 
     the Department of Homeland Security, the Department of 
     Defense, and the Department of Health and Human Services for 
     the vaccines.
       (5) Acquisition reform.--To make recommendations regarding 
     reforms of acquisition policies and procedures for the 
     acquisition of vaccines so as to simplify and expedite the 
     meeting of requirements of the United States for the 
     vaccines.
       (6) Solution of production obstacles.--To identify 
     obstacles to industry support for the production of such 
     vaccines and to propose solutions for eliminating or 
     minimizing such obstacles.
       (c) Periodic Report.--
       (1) Requirement for report.--The Vaccine Acquisition 
     Council shall periodically submit a report on its activities 
     to the Secretary of Homeland Security. The report shall be 
     submitted not less frequently than once each year.
       (2) Transmission to congress.--Promptly after receiving a 
     periodic report under paragraph (1), the Secretary shall 
     transmit the report to Congress.
       (d) Detail of Personnel.--The Secretary of Defense and the 
     Secretary of Health and Human Services may each detail 
     personnel of the Department of Defense and employees of the 
     Department of Health and Human Services, respectively, to the 
     Department of Homeland Security to serve with personnel of 
     the Department of Homeland Security as the staff of the 
     Vaccine Acquisition Council.
       (e) Initial Operation.--The Secretary of Homeland Security 
     shall ensure that the Vaccine Acquisition Council commences 
     operations within 30 days after the effective date of this 
     division.

     SEC. 141. REQUIREMENT FOR GOVERNMENT-OWNED, CONTRACTOR-
                   OPERATED FACILITY FOR THE PRODUCTION OF 
                   VACCINES.

       (a) DoD Contractor Operated Facility.--The Secretary of 
     Defense shall be the executive agent of the Secretary of 
     Homeland Security to design, construct, and contract for the 
     operation of a Government-owned facility for the production 
     of vaccines to meet the military requirements of the 
     Department of Defense to prevent or mitigate the 
     physiological effects of exposure to biological warfare 
     agents.
       (b) Requirement for Plan.--Not later than 60 days after the 
     date of the enactment of this Act, the Vaccine Acquisition 
     Council of the Department of Homeland Security shall submit 
     to Congress a plan for the construction and operation of a 
     vaccine production facility referred to in subsection (a). 
     The plan shall include the following:
       (1) Schedule.--A schedule for the planning, design, and 
     construction of the facility that provides for construction 
     to begin within one year after such date.
       (2) Budget.--A discussion of how the planning, design, and 
     construction is to be funded to meet that schedule.
                                 ______
                                 
  SA 4607. Mr. THOMAS (for himself and Mr. Levin) submitted an 
amendment intended to be proposed to amendment SA 4471 proposed by Mr. 
Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 166, between lines 6 and 7, insert the following:

     SEC. 195A. GOVERNMENT RELIANCE ON THE PRIVATE SECTOR.

       (a) Market Research Before Purchase.--Before purchasing a 
     product listed in the latest edition of the Federal Prison 
     Industries catalog under section 4124(d) of title 18, United 
     States Code, the Secretary of Homeland Security shall conduct 
     market research to determine whether the Federal Prison 
     Industries product is comparable in price, quality, and time 
     of delivery to products available from the private sector.
       (b) Limited Competition Requirement.--If the Secretary 
     determines that a Federal Prison Industries product is not 
     comparable in price, quality, and time of delivery to 
     products available from the private sector, the Secretary 
     shall use competitive procedures for the procurement of the 
     product. In conducting such a competition, the Secretary 
     shall consider a timely offer from Federal Prison Industries 
     for award in accordance with the specifications and 
     evaluation factors specified in the solicitation.
                                 ______
                                 
  SA 4608. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PRIORITY FOR FINANCIAL ASSISTANCE FOR CERTAIN 
                   GENERAL AVIATION OPERATIONS AND RELATED 
                   SERVICES.

       (a) Definitions.--In this section, the following 
     definitions shall apply:
       (1) Economic injuries.--The term ``economic injuries'' 
     means expenses sustained, during a period in which a Federal 
     agency has taken an action described in subsection (a), by a 
     general aviation business that would otherwise be paid with 
     income that is lost as a direct result of the Federal agency 
     action.
       (2) Federal agency.--The term ``Federal agency'' means an 
     Executive agency as defined under section 105 of title 5, 
     United States Code.
       (3) General aviation business.--The term ``general aviation 
     business'' means any entity engaged in sales, service, 
     maintenance, manufacturing, flight training, aircraft rental, 
     or storage at an airport affected by federally imposed 
     prohibitions on access to airspace.
       (b) In General.--Notwithstanding any other provision of 
     law, if a Federal agency takes any action, unrelated to the 
     conduct of the affected business, that prohibits general 
     aviation operations or access to air space and results in a 
     general aviation business from operating, the Administrator 
     of the

[[Page 17108]]

     Small Business Administration shall give immediate priority 
     to any general aviation business affected by such action for 
     loan programs under section 7(b) of the Small Business Act 
     (15 U.S.C. 636(b)) to assist such business to recover from 
     economic injuries sustained as a result of such action by the 
     Federal agency.
       (c) Guidelines for Applications.--Not later than 14 days 
     after the date of enactment of this Act, the Administrator of 
     the Small Business Administration shall establish and 
     publish, in the Federal Register, guidelines for the 
     submission of applications for economic injury disaster loans 
     and other financial recovery services.
       (d) Required Government Action.--In any case in which a 
     Federal agency takes action to prohibit general aviation 
     operations or to prohibit access to air space which results 
     in a general aviation business not being able to operate, the 
     Federal agency shall provide the affected businesses with--
       (1) specific justification for prohibiting operations or 
     access to air space; and
       (2) weekly updates as to when operations or access can be 
     expected to resume.
       (e) Effective Date.--The provisions of this section shall 
     apply to any action described in subsection (b) taken on or 
     after September 11, 2001.
                                 ______
                                 
  SA 4609. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 28, beginning with line 3, strike all through page 
     30, line 21, and insert the following:
       (c) Review of the Department of Homeland Security.--
       (1) Assistant ig.--The Inspector General shall, in 
     accordance with applicable laws and regulations governing the 
     civil service, appoint an Assistant Inspector General for 
     Civil Rights and Civil Liberties who shall have experience 
     and demonstrated ability in civil rights and civil liberties, 
     law, management analysis, investigations, and public 
     relations.
       (2) Duties.--The Assistant Inspector General for Civil 
     Rights and Civil Liberties shall--
       (A) review information and receive complaints alleging 
     abuses of civil rights and civil liberties by employees and 
     officials of the Department;
       (B) if appropriate, investigate such complaints in a timely 
     manner;
       (C) publicize in multiple languages, through the Internet, 
     radio, television, and newspaper advertisements--
       (i) information on the responsibilities and functions of 
     the official; and
       (ii) instructions on how to contact the official; and
       (D) on a semi-annual basis, submit to Congress, for 
     referral to the appropriate committee or committees, a 
     report--
       (i) describing the implementation of this subsection;
       (ii) detailing any civil rights abuses under paragraph (1); 
     and
       (iii) accounting for the expenditure of funds to carry out 
     this subsection.
       (d) Additional Provisions With Respect to the Inspector 
     General of the Department of Homeland Security.--The 
     Inspector General Act of 1978 (5 U.S.C. App.) is amended--
       (1) by redesignating section 8I as section 8J; and
       (2) by inserting after section 8H the following:


  ``special provisions concerning the department of homeland security

       ``Sec. 8I. (a)(1) Notwithstanding the last 2 sentences of 
     section 3(a), the Inspector General of the Department of 
     Homeland Security (in this section referred to as the 
     `Inspector General') shall be under the authority, direction, 
     and control of the Secretary of Homeland Security (in this 
     section referred to as the `Secretary') with respect to 
     audits or investigations, or the issuance of subpoenas, which 
     require access to sensitive information concerning--
       ``(A) intelligence or counterintelligence matters;
       ``(B) ongoing criminal investigations or proceedings;
       ``(C) undercover operations;
       ``(D) the identity of confidential sources, including 
     protected witnesses;
       ``(E) other matters the disclosure of which would 
     constitute a serious threat to the protection of any person 
     or property authorized protection by--
       ``(i) section 3056 of title 18, United States Code;
       ``(ii) section 202 of title 3, United States Code; or
       ``(iii) any provision of the Presidential Protection 
     Assistance Act of 1976 (18 U.S.C. 3056 note); or
       ``(F) other matters the disclosure of which would 
     constitute a serious threat to national security.
       ``(2) With respect to the information described under 
     paragraph (1), the Secretary may prohibit the Inspector 
     General from carrying out or completing any audit or 
     investigation, or from issuing any subpoena, after such 
     Inspector General has decided to initiate, carry out, or 
     complete such audit or investigation or to issue such 
     subpoena, if the Secretary determines that such prohibition 
     is necessary to--
       ``(A) prevent the disclosure of any information described 
     under paragraph (1); and
       ``(B) preserve vital national security interests.''.
                                 ______
                                 
  SA 4610. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 74, insert between lines 19 and 20 the following:
       (e) Joint Sponsorship Agreements.--The Secretary may enter 
     into joint sponsorship agreements under section 135(j)(2) for 
     sites used for emergency preparedness and response training.
       On page 74, line 20, strike ``(e)'' and insert ``(f)''.
                                 ______
                                 
  SA 4611. Mr. BYRD submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 7, line 4, strike all through page 173, line 14, 
     and insert the following:

     SEC. 100. DEFINITIONS.

       Unless the context clearly indicates otherwise, the 
     following shall apply for purposes of this division:
       (1) Agency.--Except for purposes of subtitle E of title I, 
     the term ``agency''--
       (A) means--
       (i) an Executive agency as defined under section 105 of 
     title 5, United States Code;
       (ii) a military department as defined under section 102 of 
     title 5, United States Code;
       (iii) the United States Postal Service; and
       (B) does not include the General Accounting Office.
       (2) Assets.--The term ``assets'' includes contracts, 
     facilities, property, records, unobligated or unexpended 
     balances of appropriations, and other funds or resources 
     (other than personnel).
       (3) Department.--The term ``Department'' means the 
     Department of Homeland Security established under title I.
       (4) 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.
       (5) Functions.--The term ``functions'' includes 
     authorities, powers, rights, privileges, immunities, 
     programs, projects, activities, duties, responsibilities, and 
     obligations.
       (6) Homeland.--The term ``homeland'' means the United 
     States, in a geographic sense.
       (7) Homeland security.--The term ``homeland security'' 
     means a concerted national effort to--
       (A) prevent terrorist attacks within the United States;
       (B) reduce America's vulnerability to terrorism; and
       (C) minimize the damage and recover from terrorist attacks 
     that do occur.
       (8) Local government.--The term ``local government'' has 
     the meaning given under section 102(6) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (Public 
     Law 93-288).
       (9) Risk analysis and risk management.--The term ``risk 
     analysis and risk management'' means the assessment, 
     analysis, management, mitigation, and communication of 
     homeland security threats, vulnerabilities, criticalities, 
     and risks.
       (10) Personnel.--The term ``personnel'' means officers and 
     employees.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (12) United States.--The term ``United States'', when used 
     in a geographic sense, means any State (within the meaning of 
     section 102(4) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (Public Law 93-288)), any possession 
     of the United States, and any waters within the jurisdiction 
     of the United States.

[[Page 17109]]



                TITLE I--DEPARTMENT OF HOMELAND SECURITY

    Subtitle A--Establishment of the Department of Homeland Security

     SEC. 101. ESTABLISHMENT OF THE DEPARTMENT OF HOMELAND 
                   SECURITY.

       (a) In General.--There is established the Department of 
     National Homeland Security.
       (b) Executive Department.--Section 101 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``The Department of Homeland Security.''.
       (c) Mission of Department.--
       (1) Homeland security.--The mission of the Department is 
     to--
       (A) promote homeland security, particularly with regard to 
     terrorism;
       (B) prevent terrorist attacks or other homeland threats 
     within the United States;
       (C) reduce the vulnerability of the United States to 
     terrorism, natural disasters, and other homeland threats; and
       (D) minimize the damage, and assist in the recovery, from 
     terrorist attacks or other natural or man-made crises that 
     occur within the United States.
       (2) Other missions.--The Department shall be responsible 
     for carrying out the other functions, and promoting the other 
     missions, of entities transferred to the Department as 
     provided by law.
       (d) Seal.--The Secretary shall procure a proper seal, with 
     such suitable inscriptions and devices as the President shall 
     approve. This seal, to be known as the official seal of the 
     Department of Homeland Security, shall be kept and used to 
     verify official documents, under such rules and regulations 
     as the Secretary may prescribe. Judicial notice shall be 
     taken of the seal.

     SEC. 102. SECRETARY OF HOMELAND SECURITY.

       (a) In General.--The Secretary of Homeland Security shall 
     be the head of the Department. The Secretary shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate. All authorities, functions, and 
     responsibilities transferred to the Department shall be 
     vested in the Secretary.
       (b) Responsibilities.--The responsibilities of the 
     Secretary shall be the following:
       (1) To develop policies, goals, objectives, priorities, and 
     plans for the United States for the promotion of homeland 
     security, particularly with regard to terrorism.
       (2) To administer, carry out, and promote the other 
     established missions of the entities transferred to the 
     Department.
       (3) To develop a comprehensive strategy for combating 
     terrorism and the homeland security response.
       (4) To make budget recommendations relating to border and 
     transportation security, infrastructure protection, emergency 
     preparedness and response, science and technology promotion 
     related to homeland security, and Federal support for State 
     and local activities.
       (5) To plan, coordinate, and integrate those Federal 
     Government activities relating to border and transportation 
     security, critical infrastructure protection, all-hazards 
     emergency preparedness, response, recovery, and mitigation.
       (6) To serve as a national focal point to analyze all 
     information available to the United States related to threats 
     of terrorism and other homeland threats.
       (7) To establish and manage a comprehensive risk analysis 
     and risk management program that directs and coordinates the 
     supporting risk analysis and risk management activities of 
     the Directorates and ensures coordination with entities 
     outside the Department engaged in such activities.
       (8) To identify and promote key scientific and 
     technological advances that will enhance homeland security.
       (9) To include, as appropriate, State and local governments 
     and other entities in the full range of activities undertaken 
     by the Department to promote homeland security, including--
       (A) providing State and local government personnel, 
     agencies, and authorities, with appropriate intelligence 
     information, including warnings, regarding threats posed by 
     terrorism in a timely and secure manner;
       (B) facilitating efforts by State and local law enforcement 
     and other officials to assist in the collection and 
     dissemination of intelligence information and to provide 
     information to the Department, and other agencies, in a 
     timely and secure manner;
       (C) coordinating with State, regional, and local government 
     personnel, agencies, and authorities and, as appropriate, 
     with the private sector, other entities, and the public, to 
     ensure adequate planning, team work, coordination, 
     information sharing, equipment, training, and exercise 
     activities; and
       (D) systematically identifying and removing obstacles to 
     developing effective partnerships between the Department, 
     other agencies, and State, regional, and local government 
     personnel, agencies, and authorities, the private sector, 
     other entities, and the public to secure the homeland.
       (10)(A) To consult and coordinate with the Secretary of 
     Defense and make recommendations concerning organizational 
     structure, equipment, and positioning of military assets 
     determined critical to homeland security.
       (B) To consult and coordinate with the Secretary of Defense 
     regarding the training of personnel to respond to terrorist 
     attacks involving chemical or biological agents.
       (11) To seek to ensure effective day-to-day coordination of 
     homeland security operations, and establish effective 
     mechanisms for such coordination, among the elements 
     constituting the Department and with other involved and 
     affected Federal, State, and local departments and agencies.
       (12) To administer the Homeland Security Advisory System, 
     exercising primary responsibility for public threat 
     advisories, and (in coordination with other agencies) 
     providing specific warning information to State and local 
     government personnel, agencies and authorities, the private 
     sector, other entities, and the public, and advice about 
     appropriate protective actions and countermeasures.
       (13) To conduct exercise and training programs for 
     employees of the Department and other involved agencies, and 
     establish effective command and control procedures for the 
     full range of potential contingencies regarding United States 
     homeland security, including contingencies that require the 
     substantial support of military assets.
       (14) To annually review, update, and amend the Federal 
     response plan for homeland security and emergency 
     preparedness with regard to terrorism and other manmade and 
     natural disasters.
       (15) To direct the acquisition and management of all of the 
     information resources of the Department, including 
     communications resources.
       (16) To endeavor to make the information technology systems 
     of the Department, including communications systems, 
     effective, efficient, secure, and appropriately 
     interoperable.
       (17) In furtherance of paragraph (16), to oversee and 
     ensure the development and implementation of an enterprise 
     architecture for Department-wide information technology, with 
     timetables for implementation.
       (18) As the Secretary considers necessary, to oversee and 
     ensure the development and implementation of updated versions 
     of the enterprise architecture under paragraph (17).
       (19) To report to Congress on the development and 
     implementation of the enterprise architecture under paragraph 
     (17) in--
       (A) each implementation progress report required under 
     section 182; and
       (B) each biennial report required under section 192(b).
       (c) Membership on the National Security Council.--Section 
     101(a) of the National Security Act of 1947 (50 U.S.C. 
     402(a)) is amended in the fourth sentence by striking 
     paragraphs (5), (6), and (7) and inserting the following:
       ``(5) the Secretary of Homeland Security; and
       ``(6) each Secretary or Under Secretary of such other 
     executive department, or of a military department, as the 
     President shall designate.''.

     SEC. 103. DEPUTY SECRETARY OF HOMELAND SECURITY.

       (a) In General.--There shall be in the Department a Deputy 
     Secretary of Homeland Security, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       (b) Responsibilities.--The Deputy Secretary of Homeland 
     Security shall--
       (1) assist the Secretary in the administration and 
     operations of the Department;
       (2) perform such responsibilities as the Secretary shall 
     prescribe; and
       (3) act as the Secretary during the absence or disability 
     of the Secretary or in the event of a vacancy in the office 
     of the Secretary.

     SEC. 104. UNDER SECRETARY FOR MANAGEMENT.

       (a) In General.--There shall be in the Department an Under 
     Secretary for Management, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       (b) Responsibilities.--The Under Secretary for Management 
     shall report to the Secretary, who may assign to the Under 
     Secretary such functions related to the management and 
     administration of the Department as the Secretary may 
     prescribe, including--
       (1) the budget, appropriations, expenditures of funds, 
     accounting, and finance;
       (2) procurement;
       (3) human resources and personnel;
       (4) information technology and communications systems;
       (5) facilities, property, equipment, and other material 
     resources;
       (6) security for personnel, information technology and 
     communications systems, facilities, property, equipment, and 
     other material resources; and
       (7) identification and tracking of performance measures 
     relating to the responsibilities of the Department.

     SEC. 105. ASSISTANT SECRETARIES.

       (a) In general.--There shall be in the Department not more 
     than 5 Assistant Secretaries (not including the 2 Assistant 
     Secretaries appointed under division B), each of whom shall 
     be appointed by the President, by and with the advice and 
     consent of the Senate.
       (b) Responsibilities.--
       (1) In general.--Whenever the President submits the name of 
     an individual to the Senate for confirmation as an Assistant 
     Secretary under this section, the President shall describe 
     the general responsibilities that such appointee will 
     exercise upon taking office.

[[Page 17110]]

       (2) Assignment.--Subject to paragraph (1), the Secretary 
     shall assign to each Assistant Secretary such functions as 
     the Secretary considers appropriate.

     SEC. 106. INSPECTOR GENERAL.

       (a) In General.--There shall be in the Department an 
     Inspector General. The Inspector General and the Office of 
     Inspector General shall be subject to the Inspector General 
     Act of 1978 (5 U.S.C. App.).
       (b) Establishment.--Section 11 of the Inspector General Act 
     of 1978 (5 U.S.C. App.) is amended--
       (1) in paragraph (1), by inserting ``Homeland Security,'' 
     after ``Health and Human Services,''; and
       (2) in paragraph (2), by inserting ``Homeland Security,'' 
     after ``Health and Human Services,''.
       (c) Review of the Department of Homeland Security.--The 
     Inspector General shall designate 1 official who shall--
       (1) review information and receive complaints alleging 
     abuses of civil rights and civil liberties by employees and 
     officials of the Department;
       (2) publicize, through the Internet, radio, television, and 
     newspaper advertisements--
       (A) information on the responsibilities and functions of 
     the official; and
       (B) instructions on how to contact the official; and
       (3) on a semi-annual basis, submit to Congress, for 
     referral to the appropriate committee or committees, a 
     report--
       (A) describing the implementation of this subsection;
       (B) detailing any civil rights abuses under paragraph (1); 
     and
       (C) accounting for the expenditure of funds to carry out 
     this subsection.
       (d) Additional Provisions With Respect to the Inspector 
     General of the Department of Homeland Security.--The 
     Inspector General Act of 1978 (5 U.S.C. App.) is amended--
       (1) by redesignating section 8I as section 8J; and
       (2) by inserting after section 8H the following:


   special provisions concerning the department of homeland security

       ``Sec. 8I. (a)(1) Notwithstanding the last 2 sentences of 
     section 3(a), the Inspector General of the Department of 
     Homeland Security (in this section referred to as the 
     ``Inspector General'') shall be under the authority, 
     direction, and control of the Secretary of Homeland Security 
     (in this section referred to as the ``Secretary'') with 
     respect to audits or investigations, or the issuance of 
     subpoenas, which require access to sensitive information 
     concerning--
       ``(A) intelligence or counterintelligence matters;
       ``(B) ongoing criminal investigations or proceedings;
       ``(C) undercover operations;
       ``(D) the identity of confidential sources, including 
     protected witnesses;
       ``(E) other matters the disclosure of which would 
     constitute a serious threat to the protection of any person 
     or property authorized protection by--
       ``(i) section 3056 of title 18, United States Code;
       ``(ii) section 202 of title 3, United States Code; or
       ``(iii) any provision of the Presidential Protection 
     Assistance Act of 1976 (18 U.S.C. 3056 note); or
       ``(F) other matters the disclosure of which would 
     constitute a serious threat to national security.
       ``(2) With respect to the information described under 
     paragraph (1), the Secretary may prohibit the Inspector 
     General from carrying out or completing any audit or 
     investigation, or from issuing any subpoena, after such 
     Inspector General has decided to initiate, carry out, or 
     complete such audit or investigation or to issue such 
     subpoena, if the Secretary determines that such prohibition 
     is necessary to--
       ``(A) prevent the disclosure of any information described 
     under paragraph (1);
       ``(B) preserve the national security; or
       ``(C) prevent significant impairment to the national 
     interests of the United States.
       ``(3) If the Secretary exercises any power under paragraph 
     (1) or (2), the Secretary shall notify the Inspector General 
     in writing (appropriately classified, if necessary) within 7 
     calendar days stating the reasons for such exercise. Within 
     30 days after receipt of any such notice, the Inspector 
     General shall transmit a copy of such notice, together with 
     such comments concerning the exercise of such power as the 
     Inspector General considers appropriate, to--
       ``(A) the President of the Senate;
       ``(B) the Speaker of the House of Representatives;
       ``(C) the Committee on Governmental Affairs of the Senate;
       ``(D) the Committee on Government Reform of the House of 
     Representatives; and
       ``(E) other appropriate committees or subcommittees of 
     Congress.
       ``(b)(1) In carrying out the duties and responsibilities 
     under this Act, the Inspector General shall have oversight 
     responsibility for the internal investigations and audits 
     performed by any other office performing internal 
     investigatory or audit functions in any subdivision of the 
     Department of Homeland Security.
       ``(2) The head of each other office described under 
     paragraph (1) shall promptly report to the Inspector General 
     the significant activities being carried out by such office.
       ``(3) Notwithstanding paragraphs (1) and (2), the Inspector 
     General may initiate, conduct, and supervise such audits and 
     investigations in the Department (including in any 
     subdivision referred to in paragraph (1)) as the Inspector 
     General considers appropriate.
       ``(4) If the Inspector General initiates an audit or 
     investigation under paragraph (3) concerning a subdivision 
     referred to in paragraph (1), the Inspector General may 
     provide the head of the other office performing internal 
     investigatory or audit functions in the subdivision with 
     written notice that the Inspector General has initiated such 
     an audit or investigation. If the Inspector General issues 
     such a notice, no other audit or investigation shall be 
     initiated into the matter under audit or investigation by the 
     Inspector General, and any other audit or investigation of 
     such matter shall cease.
       ``(c) Any report required to be transmitted by the 
     Secretary to the appropriate committees or subcommittees of 
     Congress under section 5(d) shall also be transmitted, within 
     the 7-day period specified under that subsection, to--
       ``(1) the President of the Senate;
       ``(2) the Speaker of the House of Representatives;
       ``(3) the Committee on Governmental Affairs of the Senate; 
     and
       ``(4) the Committee on Government Reform of the House of 
     Representatives.''.
       (e) Technical and Conforming Amendments.--The Inspector 
     General Act of 1978 (5 U.S.C. appendix) is amended--
       (1) in section 4(b), by striking ``8F'' each place it 
     appears and inserting ``8G''; and
       (2) in section 8J (as redesignated by subsection (c)(1)), 
     by striking ``or 8H'' and inserting ``, 8H, or 8I''.''

     SEC. 107. CHIEF FINANCIAL OFFICER.

       (a) In General.--There shall be in the Department a Chief 
     Financial Officer, who shall be appointed or designated in 
     the manner prescribed under section 901(a)(1) of title 31, 
     United States Code.
       (b) Establishment.--Section 901(b)(1) of title 31, United 
     States Code, is amended--
       (1) by redesignating subparagraphs (G) through (P) as 
     subparagraphs (H) through (Q), respectively; and
       (2) by inserting after subparagraph (F) the following:
       ``(G) The Department of Homeland Security.''.

     SEC. 108. CHIEF INFORMATION OFFICER.

       (a) In General.--There shall be in the Department a Chief 
     Information Officer, who shall be designated in the manner 
     prescribed under section 3506(a)(2)(A) of title 44, United 
     States Code.
       (b) Responsibilities.--The Chief Information Officer shall 
     assist the Secretary with Department-wide information 
     resources management and perform those duties prescribed by 
     law for chief information officers of agencies.

     SEC. 109. GENERAL COUNSEL.

       (a) In General.--There shall be in the Department a General 
     Counsel, who shall be appointed by the President, by and with 
     the advice and consent of the Senate.
       (b) Responsibilities.--The General Counsel shall--
       (1) serve as the chief legal officer of the Department;
       (2) provide legal assistance to the Secretary concerning 
     the programs and policies of the Department; and
       (3) advise and assist the Secretary in carrying out the 
     responsibilities under section 102(b).

     SEC. 110. CIVIL RIGHTS OFFICER.

       (a) In General.--There shall be in the Department a Civil 
     Rights Officer, who shall be appointed by the President, by 
     and with the advice and consent of the Senate.
       (b) Responsibilities.--The Civil Rights Officer shall be 
     responsible for--
       (1) ensuring compliance with all civil rights and related 
     laws and regulations applicable to Department employees and 
     participants in Department programs;
       (2) coordinating administration of all civil rights and 
     related laws and regulations within the Department for 
     Department employees and participants in Department programs;
       (3) assisting the Secretary, directorates, and offices with 
     the development and implementation of policies and procedures 
     that ensure that civil rights considerations are 
     appropriately incorporated and implemented in Department 
     programs and activities;
       (4) overseeing compliance with statutory and constitutional 
     requirements related to the civil rights of individuals 
     affected by the programs and activities of the Department; 
     and
       (5) notifying the Inspector General of any matter that, in 
     the opinion of the Civil Rights Officer, warrants further 
     investigation.

     SEC. 111. PRIVACY OFFICER.

       (a) In General.--There shall be in the Department a Privacy 
     Officer, who shall be appointed by the Secretary.
       (b) Responsibilities.--The Privacy Officer shall--

[[Page 17111]]

       (1) oversee compliance with section 552a of title 5, United 
     States Code (commonly referred to as the Privacy Act of 1974) 
     and all other applicable laws relating to the privacy of 
     personal information;
       (2) assist the Secretary, directorates, and offices with 
     the development and implementation of policies and procedures 
     that ensure that--
       (A) privacy considerations and safeguards are appropriately 
     incorporated and implemented in Department programs and 
     activities; and
       (B) any information received by the Department is used or 
     disclosed in a manner that minimizes the risk of harm to 
     individuals from the inappropriate disclosure or use of such 
     materials;
       (3) assist Department personnel with the preparation of 
     privacy impact assessments when required by law or considered 
     appropriate by the Secretary; and
       (4) notify the Inspector General of any matter that, in the 
     opinion of the Privacy Officer, warrants further 
     investigation.

     SEC. 112. CHIEF HUMAN CAPITAL OFFICER.

       (a) In General.--The Secretary shall appoint or designate a 
     Chief Human Capital Officer, who shall--
       (1) advise and assist the Secretary and other officers of 
     the Department in ensuring that the workforce of the 
     Department has the necessary skills and training, and that 
     the recruitment and retention policies of the Department 
     allow the Department to attract and retain a highly qualified 
     workforce, in accordance with all applicable laws and 
     requirements, to enable the Department to achieve its 
     missions;
       (2) oversee the implementation of the laws, rules and 
     regulations of the President and the Office of Personnel 
     Management governing the civil service within the Department; 
     and
       (3) advise and assist the Secretary in planning and 
     reporting under the Government Performance and Results Act of 
     1993 (including the amendments made by that Act), with 
     respect to the human capital resources and needs of the 
     Department for achieving the plans and goals of the 
     Department.
       (b) Responsibilities.--The responsibilities of the Chief 
     Human Capital Officer shall include--
       (1) setting the workforce development strategy of the 
     Department;
       (2) assessing workforce characteristics and future needs 
     based on the mission and strategic plan of the Department;
       (3) aligning the human resources policies and programs of 
     the Department with organization mission, strategic goals, 
     and performance outcomes;
       (4) developing and advocating a culture of continuous 
     learning to attract and retain employees with superior 
     abilities;
       (5) identifying best practices and benchmarking studies;
       (6) applying methods for measuring intellectual capital and 
     identifying links of that capital to organizational 
     performance and growth; and
       (7) providing employee training and professional 
     development.

     SEC. 113. OFFICE OF INTERNATIONAL AFFAIRS.

       (a) Establishment.--There is established within the Office 
     of the Secretary, an Office of International Affairs. The 
     Office shall be headed by a Director who shall be appointed 
     by the Secretary.
       (b) Responsibilities of the Director.--The Director shall 
     have the following responsibilities:
       (1) To promote information and education exchange with 
     foreign nations in order to promote sharing of best practices 
     and technologies relating to homeland security. Such 
     information exchange shall include--
       (A) joint research and development on countermeasures;
       (B) joint training exercises of first responders; and
       (C) exchange of expertise on terrorism prevention, 
     response, and crisis management.
       (2) To identify areas for homeland security information and 
     training exchange.
       (3) To plan and undertake international conferences, 
     exchange programs, and training activities.
       (4) To manage activities under this section and other 
     international activities within the Department in 
     consultation with the Department of State and other relevant 
     Federal officials.
       (5) To initially concentrate on fostering cooperation with 
     countries that are already highly focused on homeland 
     security issues and that have demonstrated the capability for 
     fruitful cooperation with the United States in the area of 
     counterterrorism.

     SEC. 114. EXECUTIVE SCHEDULE POSITIONS.

       (a) Executive Schedule Level I Position.--Section 5312 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``Secretary of Homeland Security.''.
       (b) Executive Schedule Level II Position.--Section 5313 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``Deputy Secretary of Homeland Security.''.
       (c) Executive Schedule Level III Position.--Section 5314 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``Under Secretary for Management, Department of Homeland 
     Security.''.
       (d) Executive Schedule Level IV Positions.--Section 5315 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``Assistant Secretaries of Homeland Security (5).
       ``Inspector General, Department of Homeland Security.
       ``Chief Financial Officer, Department of Homeland Security.
       ``Chief Information Officer, Department of Homeland 
     Security.
       ``General Counsel, Department of Homeland Security.''.

         Subtitle B--Establishment of Directorates and Offices

     SEC. 131. DIRECTORATE OF BORDER AND TRANSPORTATION 
                   PROTECTION.

       (a) Establishment.--There is established within the 
     Department the Directorate of Border and Transportation 
     Protection.
       (b) Under Secretary.--There shall be an Under Secretary for 
     Border and Transportation, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       (c) Exercise of Customs Revenue Authority.--
       (1) In general.--
       (A) Authorities not transferred.--Authority that was vested 
     in the Secretary of the Treasury by law to issue regulations 
     related to customs revenue functions before the effective 
     date of this section under the provisions of law set forth 
     under paragraph (2) shall not be transferred to the Secretary 
     by reason of this Act. The Secretary of the Treasury, with 
     the concurrence of the Secretary, shall exercise this 
     authority. The Commissioner of Customs is authorized to 
     engage in activities to develop and support the issuance of 
     the regulations described in this paragraph. The Secretary 
     shall be responsible for the implementation and enforcement 
     of regulations issued under this section.
       (B) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     submit a report to the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives of proposed conforming amendments to the 
     statutes set forth under paragraph (2) in order to determine 
     the appropriate allocation of legal authorities described 
     under this subsection. The Secretary of the Treasury shall 
     also identify those authorities vested in the Secretary of 
     the Treasury that are exercised by the Commissioner of 
     Customs on or before the effective date of this section.
       (C) Liability.--Neither the Secretary of the Treasury nor 
     the Department of the Treasury shall be liable for or named 
     in any legal action concerning the implementation and 
     enforcement of regulations issued under this paragraph on or 
     after the date on which the United States Customs Service is 
     transferred under this division.
       (2) Applicable laws.--The provisions of law referred to 
     under paragraph (1) are those sections of the following 
     statutes that relate to customs revenue functions:
       (A) The Tariff Act of 1930 (19 U.S.C. 1304 et seq.).
       (B) Section 249 of the Revised Statutes of the United 
     States (19 U.S.C. 3).
       (C) Section 2 of the Act of March 4, 1923 (19 U.S.C. 6).
       (D) Section 13031 of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c).
       (E) Section 251 of the Revised Statutes of the United 
     States (19 U.S.C. 66).
       (F) Section 1 of the Act of June 26, 1930 (19 U.S.C. 68).
       (G) The Foreign Trade Zones Act (19 U.S.C. 81a et seq.).
       (H) Section 1 of the Act of March 2, 1911 (19 U.S.C. 198).
       (I) The Trade Act of 1974 (19 U.S.C. 2101 et seq.).
       (J) The Trade Agreements Act of 1979 (19 U.S.C. 2502 et 
     seq.).
       (K) The North American Free Trade Agreement Implementation 
     Act (19 U.S.C. 3301 et seq.).
       (L) The Uruguay Round Agreements Act (19 U.S.C. 3501 et 
     seq.).
       (M) The Caribbean Basin Economic Recovery Act (19 U.S.C. 
     2701 et seq.).
       (N) The Andean Trade Preference Act (19 U.S.C. 3201 et 
     seq.).
       (O) The African Growth and Opportunity Act (19 U.S.C. 3701 
     et seq.).
       (P) Any other provision of law vesting customs revenue 
     functions in the Secretary of the Treasury.
       (3) Definition of customs revenue functions.--In this 
     subsection, the term ``customs revenue functions'' means--
       (A) assessing, collecting, and refunding duties (including 
     any special duties), excise taxes, fees, and any liquidated 
     damages or penalties due on imported merchandise, 
     including classifying and valuing merchandise and the 
     procedures for ``entry'' as that term is defined in the 
     United States Customs laws;
       (B) administering section 337 of the Tariff Act of 1930 and 
     provisions relating to import quotas and the marking of 
     imported merchandise, and providing Customs Recordations for 
     copyrights, patents, and trademarks;

[[Page 17112]]

       (C) collecting accurate import data for compilation of 
     international trade statistics; and
       (D) administering reciprocal trade agreements and trade 
     preference legislation.
       (d) Preserving Coast Guard Mission Performance.--
       (1) Definitions.--In this subsection:
       (A) Non-homeland security missions.--The term ``non-
     homeland security missions'' means the following missions of 
     the Coast Guard:
       (i) Marine safety.
       (ii) Search and rescue.
       (iii) Aids to navigation.
       (iv) Living marine resources (fisheries law enforcement).
       (v) Marine environmental protection.
       (vi) Ice operations.
       (B) Homeland security missions.--The term ``homeland 
     security missions'' means the following missions of the Coast 
     Guard:
       (i) Ports, waterways and coastal security.
       (ii) Drug interdiction.
       (iii) Migrant interdiction.
       (iv) Defense readiness.
       (v) Other law enforcement.
       (2) Maintenance of status of functions and assets.--
     Notwithstanding any other provision of this Act, the 
     authorities, functions, assets, organizational structure, 
     units, personnel, and non-homeland security missions of the 
     Coast Guard shall be maintained intact and without reduction 
     after the transfer of the Coast Guard to the Department, 
     except as specified in subsequent Acts.
       (3) Certain transfers prohibited.--None of the missions, 
     functions, personnel, and assets (including for purposes of 
     this subsection ships, aircraft, helicopters, and vehicles) 
     of the Coast Guard may be transferred to the operational 
     control of, or diverted to the principal and continuing use 
     of, any other organization, unit, or entity of the 
     Department.
       (4) Changes to non-homeland security missions.--
       (A) Prohibition.--The Secretary may not make any 
     substantial or significant change to any of the non-homeland 
     security missions of the Coast Guard, or to the capabilities 
     of the Coast Guard to carry out each of the non-homeland 
     security missions, without the prior approval of Congress as 
     expressed in a subsequent Act.
       (B) Waiver.--The President may waive the restrictions under 
     subparagraph (A) for a period of not to exceed 90 days upon a 
     declaration and certification by the President to Congress 
     that a clear, compelling, and immediate state of national 
     emergency exists that justifies such a waiver. A 
     certification under this paragraph shall include a detailed 
     justification for the declaration and certification, 
     including the reasons and specific information that 
     demonstrate that the Nation and the Coast Guard cannot 
     respond effectively to the national emergency if the 
     restrictions under subparagraph (A) are not waived.
       (5) Annual review.--
       (A) In general.--The Inspector General of the Department 
     shall conduct an annual review that shall assess thoroughly 
     the performance by the Coast Guard of all missions of the 
     Coast Guard (including non-homeland security missions and 
     homeland security missions) with a particular emphasis on 
     examining the non-homeland security missions.
       (B) Report.--The report under this paragraph shall be 
     submitted not later than March 1 of each year to--
       (i) the Committee on Governmental Affairs of the Senate;
       (ii) the Committee on Government Reform of the House of 
     Representatives;
       (iii) the Committees on Appropriations of the Senate and 
     the House of Representatives;
       (iv) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (v) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (6) Direct reporting to secretary.--Upon the transfer of 
     the Coast Guard to the Department, the Commandant shall 
     report directly to the Secretary without being required to 
     report through any other official of the Department.
       (7) Operation as a service in the navy.--None of the 
     conditions and restrictions in this subsection shall apply 
     when the Coast Guard operates as a service in the Navy under 
     section 3 of title 14, United States Code.

     SEC. 132. DIRECTORATE OF INTELLIGENCE.

       (a) Establishment.--There is established within the 
     Department a Directorate of Intelligence which shall serve as 
     a national-level focal point for information available to the 
     United States Government relating to the plans, intentions, 
     and capabilities of terrorists and terrorist organizations 
     for the purpose of supporting the mission of the Department.
       (b) Under Secretary.--There shall be an Under Secretary for 
     Intelligence who shall be appointed by the President, by and 
     with the advice and consent of the Senate.

     SEC. 133. DIRECTORATE OF CRITICAL INFRASTRUCTURE PROTECTION.

       (a) Establishment.--There is established within the 
     Department the Directorate of Critical Infrastructure 
     Protection.
       (b) Under Secretary.--There shall be an Under Secretary for 
     Critical Infrastructure Protection, who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate.

     SEC. 134. DIRECTORATE OF EMERGENCY PREPAREDNESS AND RESPONSE.

       (a) Establishment.--There is established within the 
     Department the Directorate of Emergency Preparedness and 
     Response.
       (b) Under Secretary.--There shall be an Under Secretary for 
     Emergency Preparedness and Response, who shall be appointed 
     by the President, by and with the advice and consent of the 
     Senate.

     SEC. 135. DIRECTORATE OF SCIENCE AND TECHNOLOGY.

       (a) Establishment.--There is established within the 
     Department a Directorate of Science and Technology.
       (b) Under Secretary.--There shall be an Under Secretary for 
     Science and Technology, who shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The principal responsibility of the Under Secretary shall be 
     to effectively and efficiently carry out the purposes of the 
     Directorate of Science and Technology.

     SEC. 136. DIRECTORATE OF IMMIGRATION AFFAIRS.

       The Directorate of Immigration Affairs shall be established 
     and shall carry out all functions of that Directorate in 
     accordance with division B of this Act.

     SEC. 137. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION.

       (a) Establishment.--There is established within the Office 
     of the Secretary the Office for State and Local Government 
     Coordination, to oversee and coordinate departmental programs 
     for and relationships with State and local governments.
       (b) Responsibilities.--The Office established under 
     subsection (a) shall--
       (1) coordinate the activities of the Department relating to 
     State and local government;
       (2) assess, and advocate for, the resources needed by State 
     and local government to implement the national strategy for 
     combating terrorism;
       (3) provide State and local government with regular 
     information, research, and technical support to assist local 
     efforts at securing the homeland; and
       (4) develop a process for receiving meaningful input from 
     State and local government to assist the development of the 
     national strategy for combating terrorism and other homeland 
     security activities.
       (c) Homeland Security Liaison Officers.--
       (1) Chief homeland security liaison officer.--
       (A) Appointment.--The Secretary shall appoint a Chief 
     Homeland Security Liaison Officer to coordinate the 
     activities of the Homeland Security Liaison Officers, 
     designated under paragraph (2).
       (B) Annual report.--The Chief Homeland Security Liaison 
     Officer shall prepare an annual report, that contains--
       (i) a description of the State and local priorities in each 
     of the 50 States based on discovered needs of first responder 
     organizations, including law enforcement agencies, fire and 
     rescue agencies, medical providers, emergency service 
     providers, and relief agencies;
       (ii) a needs assessment that identifies homeland security 
     functions in which the Federal role is duplicative of the 
     State or local role, and recommendations to decrease or 
     eliminate inefficiencies between the Federal Government and 
     State and local entities;
       (iii) recommendations to Congress regarding the creation, 
     expansion, or elimination of any program to assist State and 
     local entities to carry out their respective functions under 
     the Department; and
       (iv) proposals to increase the coordination of Department 
     priorities within each State and between the States.
       (2) Homeland security liaison officers.--
       (A) Designation.--The Secretary shall designate in each 
     State not less than 1 employee of the Department to--
       (i) serve as the Homeland Security Liaison Officer in that 
     State; and
       (ii) provide coordination between the Department and State 
     and local first responders, including--

       (I) law enforcement agencies;
       (II) fire and rescue agencies;
       (III) medical providers;
       (IV) emergency service providers; and
       (V) relief agencies.

       (B) Duties.--Each Homeland Security Liaison Officer 
     designated under subparagraph (A) shall--
       (i) ensure coordination between the Department and--

       (I) State, local, and community-based law enforcement;
       (II) fire and rescue agencies; and
       (III) medical and emergency relief organizations;

       (ii) identify State and local areas requiring additional 
     information, training, resources, and security;
       (iii) provide training, information, and education 
     regarding homeland security for State and local entities;
       (iv) identify homeland security functions in which the 
     Federal role is duplicative of the State or local role, and 
     recommend ways to decrease or eliminate inefficiencies;

[[Page 17113]]

       (v) assist State and local entities in priority setting 
     based on discovered needs of first responder organizations, 
     including law enforcement agencies, fire and rescue agencies, 
     medical providers, emergency service providers, and relief 
     agencies;
       (vi) assist the Department to identify and implement State 
     and local homeland security objectives in an efficient and 
     productive manner; and
       (vii) serve as a liaison to the Department in representing 
     State and local priorities and concerns regarding homeland 
     security.
       (d) Federal Interagency Committee on First Responders.--
       (1) In General.--There is established an Interagency 
     Committee on First Responders, that shall--
       (A) ensure coordination among the Federal agencies involved 
     with--
       (i) State, local, and community-based law enforcement;
       (ii) fire and rescue operations; and
       (iii) medical and emergency relief services;
       (B) identify community-based law enforcement, fire and 
     rescue, and medical and emergency relief services needs;
       (C) recommend new or expanded grant programs to improve 
     community-based law enforcement, fire and rescue, and medical 
     and emergency relief services;
       (D) identify ways to streamline the process through which 
     Federal agencies support community-based law enforcement, 
     fire and rescue, and medical and emergency relief services; 
     and
       (E) assist in priority setting based on discovered needs.
       (2) Membership.--The Interagency Committee on First 
     Responders shall be composed of--
       (A) the Chief Homeland Security Liaison Officer of the 
     Department;
       (B) a representative of the Health Resources and Services 
     Administration of the Department of Health and Human 
     Services;
       (C) a representative of the Centers for Disease Control and 
     Prevention of the Department of Health and Human Services;
       (D) a representative of the Federal Emergency Management 
     Agency of the Department;
       (E) a representative of the United States Coast Guard of 
     the Department;
       (F) a representative of the Department of Defense;
       (G) a representative of the Office of Domestic Preparedness 
     of the Department;
       (H) a representative of the Directorate of Immigration 
     Affairs of the Department;
       (I) a representative of the Transportation Security Agency 
     of the Department;
       (J) a representative of the Federal Bureau of Investigation 
     of the Department of Justice; and
       (K) representatives of any other Federal agency identified 
     by the President as having a significant role in the purposes 
     of the Interagency Committee on First Responders.
       (3) Administration.--The Department shall provide 
     administrative support to the Interagency Committee on First 
     Responders and the Advisory Council, which shall include--
       (A) scheduling meetings;
       (B) preparing agenda;
       (C) maintaining minutes and records;
       (D) producing reports; and
       (E) reimbursing Advisory Council members.
       (4) Leadership.--The members of the Interagency Committee 
     on First Responders shall select annually a chairperson.
       (5) Meetings.--The Interagency Committee on First 
     Responders shall meet--
       (A) at the call of the Chief Homeland Security Liaison 
     Officer of the Department; or
       (B) not less frequently than once every 3 months.
       (e) Advisory Council for the Federal Interagency Committee 
     on First Responders.--
       (1) Establishment.--There is established an Advisory 
     Council for the Federal Interagency Committee on First 
     Responders (in this section referred to as the ``Advisory 
     Council'').
       (2) Membership.--
       (A) In general.--The Advisory Council shall be composed of 
     not more than 13 members, selected by the Interagency 
     Committee on First Responders.
       (B) Representation.--The Interagency Committee on First 
     Responders shall ensure that the membership of the Advisory 
     Council represents--
       (i) the law enforcement community;
       (ii) fire and rescue organizations;
       (iii) medical and emergency relief services; and
       (iv) both urban and rural communities.
       (3) Chairperson.--The Advisory Council shall select 
     annually a chairperson from among its members.
       (4) Compensation of members.--The members of the Advisory 
     Council shall serve without compensation, but shall be 
     eligible for reimbursement of necessary expenses connected 
     with their service to the Advisory Council.
       (5) Meetings.--The Advisory Council shall meet with the 
     Interagency Committee on First Responders not less frequently 
     than once every 3 months.

     SEC. 138. BORDER COORDINATION WORKING GROUP.

       (a) Definitions.--In this section:
       (1) Border security functions.--The term ``border security 
     functions'' means the securing of the borders, territorial 
     waters, ports, terminals, waterways, and air, land, and sea 
     transportation systems of the United States.
       (2) Relevant agencies.--The term ``relevant agencies'' 
     means any department or agency of the United States that the 
     President determines to be relevant to performing border 
     security functions.
       (b) Establishment.--The Secretary shall establish a border 
     security working group (in this section referred to as the 
     ``Working Group''), composed of the Secretary or the designee 
     of the Secretary, the Under Secretary for Border and 
     Transportation Protection, and the Under Secretary for 
     Immigration Affairs.
       (c) Functions.--The Working Group shall meet not less 
     frequently than once every 3 months and shall--
       (1) with respect to border security functions, develop 
     coordinated budget requests, allocations of appropriations, 
     staffing requirements, communication, use of equipment, 
     transportation, facilities, and other infrastructure;
       (2) coordinate joint and cross-training programs for 
     personnel performing border security functions;
       (3) monitor, evaluate and make improvements in the coverage 
     and geographic distribution of border security programs and 
     personnel;
       (4) develop and implement policies and technologies to 
     ensure the speedy, orderly, and efficient flow of lawful 
     traffic, travel and commerce, and enhanced scrutiny for high-
     risk traffic, travel, and commerce; and
       (5) identify systemic problems in coordination encountered 
     by border security agencies and programs and propose 
     administrative, regulatory, or statutory changes to mitigate 
     such problems.
       (d) Relevant Agencies.--The Secretary shall consult 
     representatives of relevant agencies with respect to 
     deliberations under subsection (c), and may include 
     representatives of such agencies in Working Group 
     deliberations, as appropriate.

     SEC. 139. LEGISLATIVE PROPOSALS AND SUPPORTING AND ENABLING 
                   LEGISLATION.

       (a) Directorate of Border and Transportation Protection.--
     Not earlier than February 3, 2003, the Secretary shall submit 
     to Congress--
       (1) any legislative proposals necessary to further the 
     objectives of this title relating to the Directorate of 
     Border and Transportation Protection; and
       (2) recommendations for supporting and enabling 
     legislation, including the transfer of authorities, 
     functions, personnel, assets, agencies, or entities to the 
     Directorate of Border and Transportation Protection, to 
     provide for homeland security.
       (b) Directorate of Intelligence and Directorate of Critical 
     Infrastructure Protection.--Not earlier than 120 days after 
     the submission of the proposals and recommendations under 
     subsection (a), the Secretary shall submit to Congress--
       (1) any legislative proposals necessary to further the 
     objectives of this title relating to the Directorate of 
     Intelligence and the Directorate of Critical Infrastructure 
     Protection; and
       (2) recommendations for supporting and enabling 
     legislation, including the transfer of authorities, 
     functions, personnel, assets, agencies, or entities to the 
     Directorate of Intelligence and the Directorate of Critical 
     Infrastructure Protection, to provide for homeland security.
       (c) Directorate of Emergency Preparedness and Response and 
     Directorate of Science and Technology.--Not earlier than 120 
     days after the submission of the proposals and 
     recommendations under subsection (b), the Secretary shall 
     submit to Congress--
       (1) any legislative proposals necessary to further the 
     objectives of this title relating to the Directorate of 
     Emergency Preparedness and Response and the Directorate of 
     Science and Technology; and
       (2) recommendations for supporting and enabling 
     legislation, including the transfer of authorities, 
     functions, personnel, assets, agencies, or entities to the 
     Directorate of Emergency Preparedness and Response and the 
     Directorate of Science and Technology, to provide for 
     homeland security.
       (d) Savings and Administrative Provisions of Supporting and 
     Enabling Legislation.--Sections 183, 184, and 194 shall apply 
     to any supporting and enabling legislation described under 
     subsection (a), (b), or (c) enacted after the date of 
     enactment of this Act.

     SEC. 140. EXECUTIVE SCHEDULE POSITIONS.

       Section 5314 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``Under Secretary for Border and Transportation, Department 
     of Homeland Security.
       ``Under Secretary for Critical Infrastructure Protection, 
     Department of Homeland Security.
       ``Under Secretary for Emergency Preparedness and Response, 
     Department of Homeland Security.
       ``Under Secretary for Immigration, Department of Homeland 
     Security.
       ``Under Secretary for Intelligence, Department of Homeland 
     Security.

[[Page 17114]]

       ``Under Secretary for Science and Technology, Department of 
     Homeland Security.''.

        Subtitle C--National Emergency Preparedness Enhancement

     SEC. 151. SHORT TITLE.

       This subtitle may be cited as the ``National Emergency 
     Preparedness Enhancement Act of 2002''.

     SEC. 152. PREPAREDNESS INFORMATION AND EDUCATION.

       (a) Establishment of Clearinghouse.--There is established 
     in the Department a National Clearinghouse on Emergency 
     Preparedness (referred to in this section as the 
     ``Clearinghouse''). The Clearinghouse shall be headed by a 
     Director.
       (b) Consultation.--The Clearinghouse shall consult with 
     such heads of agencies, such task forces appointed by Federal 
     officers or employees, and such representatives of the 
     private sector, as appropriate, to collect information on 
     emergency preparedness, including information relevant to 
     homeland security.
       (c) Duties.--
       (1) Dissemination of information.--The Clearinghouse shall 
     ensure efficient dissemination of accurate emergency 
     preparedness information.
       (2) Center.--The Clearinghouse shall establish a one-stop 
     center for emergency preparedness information, which shall 
     include a website, with links to other relevant Federal 
     websites, a telephone number, and staff, through which 
     information shall be made available on--
       (A) ways in which States, political subdivisions, and 
     private entities can access Federal grants;
       (B) emergency preparedness education and awareness tools 
     that businesses, schools, and the general public can use; and
       (C) other information as appropriate.
       (3) Public awareness campaign.--The Clearinghouse shall 
     develop a public awareness campaign. The campaign shall be 
     ongoing, and shall include an annual theme to be implemented 
     during the National Emergency Preparedness Week established 
     under section 154. The Clearinghouse shall work with heads of 
     agencies to coordinate public service announcements and other 
     information-sharing tools utilizing a wide range of media.
       (4) Best practices information.--The Clearinghouse shall 
     compile and disseminate information on best practices for 
     emergency preparedness identified by the Secretary and the 
     heads of other agencies.

     SEC. 153. PILOT PROGRAM.

       (a) Emergency Preparedness Enhancement Pilot Program.--The 
     Department shall award grants to private entities to pay for 
     the Federal share of the cost of improving emergency 
     preparedness, and educating employees and other individuals 
     using the entities' facilities about emergency preparedness.
       (b) Use of Funds.--An entity that receives a grant under 
     this subsection may use the funds made available through the 
     grant to--
       (1) develop evacuation plans and drills;
       (2) plan additional or improved security measures, with an 
     emphasis on innovative technologies or practices;
       (3) deploy innovative emergency preparedness technologies; 
     or
       (4) educate employees and customers about the development 
     and planning activities described in paragraphs (1) and (2) 
     in innovative ways.
       (c) Federal Share.--The Federal share of the cost described 
     in subsection (a) shall be 50 percent, up to a maximum of 
     $250,000 per grant recipient.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated $5,000,000 for each of fiscal years 2003 
     through 2005 to carry out this section.

     SEC. 154. DESIGNATION OF NATIONAL EMERGENCY PREPAREDNESS 
                   WEEK.

       (a) National Week.--
       (1) Designation.--Each week that includes September 11 is 
     ``National Emergency Preparedness Week''.
       (2) Proclamation.--The President is requested every year to 
     issue a proclamation calling on the people of the United 
     States (including State and local governments and the private 
     sector) to observe the week with appropriate activities and 
     programs.
       (b) Federal Agency Activities.--In conjunction with 
     National Emergency Preparedness Week, the head of each 
     agency, as appropriate, shall coordinate with the Department 
     to inform and educate the private sector and the general 
     public about emergency preparedness activities, resources, 
     and tools, giving a high priority to emergency preparedness 
     efforts designed to address terrorist attacks.

                  Subtitle D--Miscellaneous Provisions

     SEC. 161. NATIONAL BIO-WEAPONS DEFENSE ANALYSIS CENTER.

       (a) Establishment.--There is established within the 
     Department of Defense a National Bio-Weapons Defense Analysis 
     Center (in this section referred to as the ``Center'').
       (b) Mission.--The mission of the Center is to develop 
     countermeasures to potential attacks by terrorists using 
     biological or chemical weapons that are weapons of mass 
     destruction (as defined under section 1403 of the Defense 
     Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 
     2302(1))) and conduct research and analysis concerning such 
     weapons.

     SEC. 162. REVIEW OF FOOD SAFETY.

       (a) Review of Food Safety Laws and Food Safety 
     Organizational Structure.--The Secretary shall enter into an 
     agreement with and provide funding to the National Academy of 
     Sciences to conduct a detailed, comprehensive study which 
     shall--
       (1) review all Federal statutes and regulations affecting 
     the safety and security of the food supply to determine the 
     effectiveness of the statutes and regulations at protecting 
     the food supply from deliberate contamination; and
       (2) review the organizational structure of Federal food 
     safety oversight to determine the efficiency and 
     effectiveness of the organizational structure at protecting 
     the food supply from deliberate contamination.
       (b) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the National Academy of Sciences shall 
     prepare and submit to the President, the Secretary, and 
     Congress a comprehensive report containing--
       (A) the findings and conclusions derived from the reviews 
     conducted under subsection (a); and
       (B) specific recommendations for improving--
       (i) the effectiveness and efficiency of Federal food safety 
     and security statutes and regulations; and
       (ii) the organizational structure of Federal food safety 
     oversight.
       (2) Contents.--In conjunction with the recommendations 
     under paragraph (1), the report under paragraph (1) shall 
     address--
       (A) the effectiveness with which Federal food safety 
     statutes and regulations protect public health and ensure the 
     food supply remains free from contamination;
       (B) the shortfalls, redundancies, and inconsistencies in 
     Federal food safety statutes and regulations;
       (C) the application of resources among Federal food safety 
     oversight agencies;
       (D) the effectiveness and efficiency of the organizational 
     structure of Federal food safety oversight;
       (E) the shortfalls, redundancies, and inconsistencies of 
     the organizational structure of Federal food safety 
     oversight; and
       (F) the merits of a unified, central organizational 
     structure of Federal food safety oversight.
       (c) Response of the Secretary.--Not later than 90 days 
     after the date on which the report under this section is 
     submitted to the Secretary, the Secretary shall provide to 
     the President and Congress the response of the Department to 
     the recommendations of the report and recommendations of the 
     Department to further protect the food supply from 
     contamination.

     SEC. 163. EXCHANGE OF EMPLOYEES BETWEEN AGENCIES AND STATE OR 
                   LOCAL GOVERNMENTS.

       (a) Findings.--Congress finds that--
       (1) information sharing between Federal, State, and local 
     agencies is vital to securing the homeland against terrorist 
     attacks;
       (2) Federal, State, and local employees working 
     cooperatively can learn from one another and resolve complex 
     issues;
       (3) Federal, State, and local employees have specialized 
     knowledge that should be consistently shared between and 
     among agencies at all levels of government; and
       (4) providing training and other support, such as staffing, 
     to the appropriate Federal, State, and local agencies can 
     enhance the ability of an agency to analyze and assess 
     threats against the homeland, develop appropriate responses, 
     and inform the United States public.
       (b) Exchange of Employees.--
       (1) In general.--The Secretary may provide for the exchange 
     of employees of the Department and State and local agencies 
     in accordance with subchapter VI of chapter 33 of title 5, 
     United States Code.
       (2) Conditions.--With respect to exchanges described under 
     this subsection, the Secretary shall ensure that--
       (A) any assigned employee shall have appropriate training 
     or experience to perform the work required by the assignment; 
     and
       (B) any assignment occurs under conditions that 
     appropriately safeguard classified and other sensitive 
     information.

     SEC. 164. WHISTLEBLOWER PROTECTION FOR FEDERAL EMPLOYEES WHO 
                   ARE AIRPORT SECURITY SCREENERS.

       Section 111(d) of the Aviation and Transportation Security 
     Act (Public Law 107-71; 115 Stat. 620; 49 U.S.C. 44935 note) 
     is amended--
       (1) by striking ``(d) Screener Personnel.--Notwithstanding 
     any other provision of law,'' and inserting the following:
       ``(d) Screener Personnel.--
       ``(1) In general.--Notwithstanding any other provision of 
     law (except as provided under paragraph (2)),''; and
       (2) by adding at the end the following:
       ``(2) Whistleblower protection.--
       ``(A) Definition.--In this paragraph, the term ``security 
     screener'' means--
       ``(i) any Federal employee hired as a security screener 
     under subsection (e) of section 44935 of title 49, United 
     States Code; or
       ``(ii) an applicant for the position of a security screener 
     under that subsection.
       ``(B) In general.--Notwithstanding paragraph (1)--

[[Page 17115]]

       ``(i) section 2302(b)(8) of title 5, United States Code, 
     shall apply with respect to any security screener; and
       ``(ii) chapters 12, 23, and 75 of that title shall apply 
     with respect to a security screener to the extent necessary 
     to implement clause (i).
       ``(C) Covered position.--The President may not exclude the 
     position of security screener as a covered position under 
     section 2302(a)(2)(B)(ii) of title 5, United States Code, to 
     the extent that such exclusion would prevent the 
     implementation of subparagraph (B) of this paragraph.''.

     SEC. 165. WHISTLEBLOWER PROTECTION FOR CERTAIN AIRPORT 
                   EMPLOYEES.

       (a) In General.--Section 42121(a) of title 49, United 
     States Code, is amended--
       (1) by striking ``(a) Discrimination Against Airline 
     Employees.--No air carrier or contractor or subcontractor of 
     an air carrier'' and inserting the following:
       ``(a) Discrimination Against Employees.--
       ``(1) In general.--No air carrier, contractor, 
     subcontractor, or employer described under paragraph (2)'';
       (2) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively; and
       (3) by adding at the end the following:
       ``(2) Applicable employers.--Paragraph (1) shall apply to--
       ``(A) an air carrier or contractor or subcontractor of an 
     air carrier;
       ``(B) an employer of airport security screening personnel, 
     other than the Federal Government, including a State or 
     municipal government, or an airport authority, or a 
     contractor of such government or airport authority; or
       ``(C) an employer of private screening personnel described 
     in section 44919 or 44920 of this title.''.
       (b) Technical and Conforming Amendments.--Section 
     42121(b)(2)(B) of title 49, United States Code, is amended--
       (1) in clause (i), by striking ``paragraphs (1) through (4) 
     of subsection (a)'' and inserting ``subparagraphs (A) through 
     (D) of subsection (a)(1)''; and
       (2) in clause (iii), by striking ``paragraphs (1) through 
     (4) of subsection (a)'' and inserting ``subparagraphs (A) 
     through (D) of subsection (a)(1)''.

     SEC. 166. BIOTERRORISM PREPAREDNESS AND RESPONSE DIVISION.

       Section 319D of the Public Health Service Act (42 U.S.C. 
     2472-4) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b), the following:
       ``(c) Bioterrorism Preparedness and Response Division.--
       ``(1) Establishment.--There is established within the 
     Office of the Director of the Centers for Disease Control and 
     Prevention a Bioterrorism Preparedness and Response Division 
     (in this subsection referred to as the `Division').
       ``(2) Mission.--The Division shall have the following 
     primary missions:
       ``(A) To lead and coordinate the activities and 
     responsibilities of the Centers for Disease Control and 
     Prevention with respect to countering bioterrorism.
       ``(B) To coordinate and facilitate the interaction of 
     Centers for Disease Control and Prevention personnel with 
     personnel from the Department of Homeland Security and, in so 
     doing, serve as a major contact point for 2-way 
     communications between the jurisdictions of homeland security 
     and public health.
       ``(C) To train and employ a cadre of public health 
     personnel who are dedicated full-time to the countering of 
     bioterrorism.
       ``(3) Responsibilities.--In carrying out the mission under 
     paragraph (2), the Division shall assume the responsibilities 
     of and budget authority for the Centers for Disease Control 
     and Prevention with respect to the following programs:
       ``(A) The Bioterrorism Preparedness and Response Program.
       ``(B) The Strategic National Stockpile.
       ``(C) Such other programs and responsibilities as may be 
     assigned to the Division by the Director of the Centers for 
     Disease Control and Prevention.
       ``(4) Director.--There shall be in the Division a Director, 
     who shall be appointed by the Director of the Centers for 
     Disease Control and Prevention, in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     Homeland Security.
       ``(5) Staffing.--Under agreements reached between the 
     Director of the Centers for Disease Control and Prevention 
     and the Secretary of Homeland Security--
       ``(A) the Division may be staffed, in part, by personnel 
     assigned from the Department of Homeland Security by the 
     Secretary of Homeland Security; and
       ``(B) the Director of the Centers for Disease Control and 
     Prevention may assign some personnel from the Division to the 
     Department of Homeland Security.''.

     SEC. 167. COORDINATION WITH THE DEPARTMENT OF HEALTH AND 
                   HUMAN SERVICES UNDER THE PUBLIC HEALTH SERVICE 
                   ACT.

       (a) In General.--The annual Federal response plan developed 
     by the Secretary under section 102(b)(14) shall be consistent 
     with section 319 of the Public Health Service Act (42 U.S.C. 
     247d).
       (b) Disclosures Among Relevant Agencies.--
       (1) In general.--Full disclosure among relevant agencies 
     shall be made in accordance with this subsection.
       (2) Public health emergency.--During the period in which 
     the Secretary of Health and Human Services has declared the 
     existence of a public health emergency under section 319(a) 
     of the Public Health Service Act (42 U.S.C. 247d(a)), the 
     Secretary of Health and Human Services shall keep relevant 
     agencies, including the Department of Homeland Security, the 
     Department of Justice, and the Federal Bureau of 
     Investigation, fully and currently informed.
       (3) Potential public health emergency.--In cases involving, 
     or potentially involving, a public health emergency, but in 
     which no determination of an emergency by the Secretary of 
     Health and Human Services under section 319(a) of the Public 
     Health Service Act (42 U.S.C. 247d(a)), has been made, all 
     relevant agencies, including the Department of Homeland 
     Security, the Department of Justice, and the Federal Bureau 
     of Investigation, shall keep the Secretary of Health and 
     Human Services and the Director of the Centers for Disease 
     Control and Prevention fully and currently informed.

     SEC. 168. RAIL SECURITY ENHANCEMENTS.

       (a) In General.--There are authorized to be appropriated to 
     the Department, for the benefit of Amtrak, for the 2-year 
     period beginning on the date of enactment of this Act--
       (1) $375,000,000 for grants to finance the cost of 
     enhancements to the security and safety of Amtrak rail 
     passenger service;
       (2) $778,000,000 for grants for life safety improvements to 
     6 New York Amtrak tunnels built in 1910, the Baltimore and 
     Potomac Amtrak tunnel built in 1872, and the Washington, D.C. 
     Union Station Amtrak tunnels built in 1904 under the Supreme 
     Court and House and Senate Office Buildings; and
       (3) $55,000,000 for the emergency repair, and returning to 
     service of Amtrak passenger cars and locomotives.
       (b) Availability of Funds.--Amounts appropriated under 
     subsection (a) shall remain available until expended.
       (c) 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. 169. GRANTS FOR FIREFIGHTING PERSONNEL.

       (a) Section 33 of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229) is amended--
       (1) by redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c) Personnel Grants.--
       ``(1) Exclusion.--Grants awarded under subsection (b) to 
     hire `employees engaged in fire protection', as that term is 
     defined in section 3 of the Fair Labor Standards Act (29 
     U.S.C. 203), shall not be subject to paragraphs (10) or (11) 
     of subsection (b).
       ``(2) Duration.--Grants awarded under paragraph (1) shall 
     be for a 3-year period.
       ``(3) Maximum amount.--The total amount of grants awarded 
     under paragraph (1) shall not exceed $100,000 per 
     firefighter, indexed for inflation, over the 3-year grant 
     period.
       ``(4) Federal share.--
       ``(A) In general.--Notwithstanding subsection (b)(6), the 
     Federal share of a grant under paragraph (1) shall not exceed 
     75 percent of the total salary and benefits cost for 
     additional firefighters hired.
       ``(B) Waiver.--The Director may waive the 25 percent non-
     Federal match under subparagraph (A) for a jurisdiction of 
     50,000 or fewer residents or in cases of extreme hardship.
       ``(5) Application.--In addition to the information under 
     subsection (b)(5), an application for a grant under paragraph 
     (1), shall include--
       ``(A) an explanation for the need for Federal assistance; 
     and
       ``(B) specific plans for obtaining necessary support to 
     retain the position following the conclusion of Federal 
     support.
       ``(6) Maintenance of Effort.--Grants awarded under 
     paragraph (1) shall only be used to pay the salaries and 
     benefits of additional firefighting personnel, and shall not 
     be used to supplant funding allocated for personnel from 
     State and local sources.''; and
       (3) in subsection (f) (as redesignated by paragraph (1)), 
     by adding at the end the following:
       ``(3) $1,000,000,000 for each of fiscal years 2003 and 
     2004, to be used only for grants under subsection (c).''.

     SEC. 170. REVIEW OF TRANSPORTATION SECURITY ENHANCEMENTS.

       (a) Review of Transportation Vulnerabilities and Federal 
     Transportation Security Efforts.--The Comptroller General 
     shall conduct a detailed, comprehensive study which shall--
       (1) review all available intelligence on terrorist threats 
     against aviation, seaport, rail and transit facilities;
       (2) review all available information on vulnerabilities at 
     aviation, seaport, rail and transit facilities; and

[[Page 17116]]

       (3) review the steps taken by agencies since September 11, 
     2001, to improve aviation, seaport, rail, and transit 
     security to determine their effectiveness at protecting 
     passengers and transportation infrastructure from terrorist 
     attack.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall prepare 
     and submit to Congress and the Secretary a comprehensive 
     report containing--
       (1) the findings and conclusions from the reviews conducted 
     under subsection (a); and
       (2) proposed steps to improve any deficiencies found in 
     aviation, seaport, rail, and transit security including, to 
     the extent possible, the cost of implementing the steps.
       (c) Response of the Secretary.--Not later than 90 days 
     after the date on which the report under this section is 
     submitted to the Secretary, the Secretary shall provide to 
     the President and Congress--
       (1) the response of the Department to the recommendations 
     of the report; and
       (2) recommendations of the Department to further protect 
     passengers and transportation infrastructure from terrorist 
     attack.

     SEC. 171. INTEROPERABILITY OF INFORMATION SYSTEMS.

       (a) In General.--The Director of the Office of Management 
     and Budget, in consultation with the Secretary and affected 
     entities, shall develop--
       (1) 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
       (2) 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.
       (b) Timetables.--The Director of the Office of Management 
     and Budget, in consultation with the Secretary and affected 
     entities, shall establish timetables for development and 
     implementation of the enterprise architecture and plan 
     referred to in subsection (a).
       (c) Implementation.--The Director of the Office of 
     Management and Budget, in consultation with the Secretary and 
     acting under the responsibilities of the Director under law 
     (including the Clinger-Cohen Act of 1996), shall ensure the 
     implementation of the enterprise architecture developed under 
     subsection (a)(1), and shall 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 (a)(1).
       (d) Agency Cooperation.--The head of each agency with 
     responsibility for homeland security shall fully cooperate 
     with the Director of the Office of Management and Budget 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 (a)(1).
       (e) Content.--The enterprise architecture developed under 
     subsection (a)(1), 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.
       (f) Updated Versions.--The Director of the Office of 
     Management and Budget, in consultation with the Secretary, 
     shall oversee and ensure the development of updated versions 
     of the enterprise architecture and plan developed under 
     subsection (a), as necessary.
       (g) Report.--The Director of the Office of Management and 
     Budget, in consultation with the Secretary, shall annually 
     report to Congress on the development and implementation of 
     the enterprise architecture and plan referred to under 
     subsection (a).
       (h) Consultation.--The Director of the Office of Management 
     and Budget shall consult with information systems management 
     experts in the public and private sectors, in the development 
     and implementation of the enterprise architecture and plan 
     referred to under subsection (a).
       (i) Principal Officer.--The Director of the Office of 
     Management and Budget 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 section.

     SEC. 172. PROHIBITION ON CONTRACTS WITH CORPORATE 
                   EXPATRIATES.

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

     SEC. 173. EXTENSION OF CUSTOMS USER FEES.

       Section 13031(j)(3) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended 
     by striking ``September 30, 2003'' and inserting ``March 31, 
     2004''.

                   Subtitle E--Transition Provisions

     SEC. 181. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``agency'' includes any entity, 
     organizational unit, or function transferred or to be 
     transferred under this title.
       (2) Transition period.--The term ``transition period'' 
     means the 1-year period beginning on the effective date of 
     this division.

     SEC. 182. IMPLEMENTATION PROGRESS REPORTS AND LEGISLATIVE 
                   RECOMMENDATIONS.

       (a) In General.--In consultation with the President and in 
     accordance with this section, the Secretary shall prepare 
     implementation progress reports and submit such reports to--
       (1) the President of the Senate and the Speaker of the 
     House of Representatives for referral to the appropriate 
     committees; and

[[Page 17117]]

       (2) the Comptroller General of the United States.
       (b) Report Frequency.--
       (1) Initial report.--As soon as practicable, and not later 
     than 6 months after the date of enactment of this Act, the 
     Secretary shall submit the first implementation progress 
     report.
       (2) Semiannual reports.--Following the submission of the 
     report under paragraph (1), the Secretary shall submit 
     additional implementation progress reports not less 
     frequently than once every 6 months until all transfers to 
     the Department under this title have been completed.
       (3) Final report.--Not later than 6 months after all 
     transfers to the Department under this title have been 
     completed, the Secretary shall submit a final implementation 
     progress report.
       (c) Contents.--
       (1) In general.--Each implementation progress report shall 
     report on the progress made in implementing titles I and XI, 
     including fulfillment of the functions transferred under this 
     Act, and shall include all of the information specified under 
     paragraph (2) that the Secretary has gathered as of the date 
     of submission. Information contained in an earlier report may 
     be referenced, rather than set out in full, in a subsequent 
     report. The final implementation progress report shall 
     include any required information not yet provided.
       (2) Specifications.--Each implementation progress report 
     shall contain, to the extent available--
       (A) with respect to the transfer and incorporation of 
     entities, organizational units, and functions--
       (i) the actions needed to transfer and incorporate 
     entities, organizational units, and functions into the 
     Department;
       (ii) a projected schedule, with milestones, for completing 
     the various phases of the transition;
       (iii) a progress report on taking those actions and meeting 
     the schedule;
       (iv) the organizational structure of the Department, 
     including a listing of the respective directorates, the field 
     offices of the Department, and the executive positions that 
     will be filled by political appointees or career executives;
       (v) the location of Department headquarters, including a 
     timeframe for relocating to the new location, an estimate of 
     cost for the relocation, and information about which elements 
     of the various agencies will be located at headquarters;
       (vi) unexpended funds and assets, liabilities, and 
     personnel that will be transferred, and the proposed 
     allocations and disposition within the Department; and
       (vii) the costs of implementing the transition;
       (B) with respect to human capital planning--
       (i) a description of the workforce planning undertaken for 
     the Department, including the preparation of an inventory of 
     skills and competencies available to the Department, to 
     identify any gaps, and to plan for the training, recruitment, 
     and retention policies necessary to attract and retain a 
     workforce to meet the needs of the Department;
       (ii) the past and anticipated future record of the 
     Department with respect to recruitment and retention of 
     personnel;
       (iii) plans or progress reports on the utilization by the 
     Department of existing personnel flexibility, provided by law 
     or through regulations of the President and the Office of 
     Personnel Management, to achieve the human capital needs of 
     the Department;
       (iv) any inequitable disparities in pay or other terms and 
     conditions of employment among employees within the 
     Department resulting from the consolidation under this 
     division of functions, entities, and personnel previously 
     covered by disparate personnel systems; and
       (v) efforts to address the disparities under clause (iv) 
     using existing personnel flexibility;
       (C) with respect to information technology--
       (i) an assessment of the existing and planned information 
     systems of the Department; and
       (ii) a report on the development and implementation of 
     enterprise architecture and of the plan to achieve 
     interoperability;
       (D) with respect to programmatic implementation--
       (i) the progress in implementing the programmatic 
     responsibilities of this division;
       (ii) the progress in implementing the mission of each 
     entity, organizational unit, and function transferred to the 
     Department;
       (iii) recommendations of any other governmental entities, 
     organizational units, or functions that need to be 
     incorporated into the Department in order for the Department 
     to function effectively; and
       (iv) recommendations of any entities, organizational units, 
     or functions not related to homeland security transferred to 
     the Department that need to be transferred from the 
     Department or terminated for the Department to function 
     effectively.
       (d) Legislative Recommendations.--
       (1) Inclusion in report.--The Secretary, after consultation 
     with the appropriate committees of Congress, shall include in 
     the report under this section, recommendations for 
     legislation that the Secretary determines is necessary to--
       (A) facilitate the integration of transferred entities, 
     organizational units, and functions into the Department;
       (B) reorganize agencies, executive positions, and the 
     assignment of functions within the Department;
       (C) address any inequitable disparities in pay or other 
     terms and conditions of employment among employees within the 
     Department resulting from the consolidation of agencies, 
     functions, and personnel previously covered by disparate 
     personnel systems;
       (D) enable the Secretary to engage in procurement essential 
     to the mission of the Department;
       (E) otherwise help further the mission of the Department; 
     and
       (F) make technical and conforming amendments to existing 
     law to reflect the changes made by titles I and XI.
       (2) Separate submission of proposed legislation.--The 
     Secretary may submit the proposed legislation under paragraph 
     (1) to Congress before submitting the balance of the report 
     under this section.

     SEC. 183. SAVINGS PROVISIONS.

       (a) Continuing Effect of Legal Documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, recognitions of labor organizations, 
     collective bargaining agreements, certificates, licenses, 
     registrations, privileges, and other administrative actions--
       (1) which have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of functions which are transferred under this 
     title; and
       (2) which are in effect at the time this division takes 
     effect, or were final before the effective date of this 
     division and are to become effective on or after the 
     effective date of this division,

     shall, to the extent related to such functions, continue in 
     effect according to their terms until modified, terminated, 
     superseded, set aside, or revoked in accordance with law by 
     the President, the Secretary or other authorized official, or 
     a court of competent jurisdiction, or by operation of law.
       (b) Proceedings Not Affected.--The provisions of this title 
     shall not affect any proceedings, including notices of 
     proposed rulemaking, or any application for any license, 
     permit, certificate, or financial assistance pending before 
     an agency at the time this title takes effect, with respect 
     to functions transferred by this title but such proceedings 
     and applications shall continue. Orders shall be issued in 
     such proceedings, appeals shall be taken therefrom, and 
     payments shall be made pursuant to such orders, as if this 
     title had not been enacted, and orders issued in any such 
     proceedings shall continue in effect until modified, 
     terminated, superseded, or revoked by a duly authorized 
     official, by a court of competent jurisdiction, or by 
     operation of law. Nothing in this subsection shall be deemed 
     to prohibit the discontinuance or modification of any such 
     proceeding under the same terms and conditions and to the 
     same extent that such proceeding could have been discontinued 
     or modified if this title had not been enacted.
       (c) Suits Not Affected.--The provisions of this title shall 
     not affect suits commenced before the effective date of this 
     division, and in all such suits, proceedings shall be had, 
     appeals taken, and judgments rendered in the same manner and 
     with the same effect as if this title had not been enacted.
       (d) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against an agency, or by or 
     against any individual in the official capacity of such 
     individual as an officer of an agency, shall abate by reason 
     of the enactment of this title.
       (e) Administrative Actions Relating to Promulgation of 
     Regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by an agency 
     relating to a function transferred under this title may be 
     continued by the Department with the same effect as if this 
     title had not been enacted.
       (f) Employment and Personnel.--
       (1) Employee rights.--
       (A) Transferred agencies.--The Department, or a subdivision 
     of the Department, that includes an entity or organizational 
     unit, or subdivision thereof, transferred under this Act, or 
     performs functions transferred under this Act shall not be 
     excluded from coverage of chapter 71 of title 5, United 
     States Code, as a result of any order issued under section 
     7103(b)(1) of title 5, United States Code, after July 19, 
     2002.
       (B) Transferred employees.--An employee transferred to the 
     Department under this Act, who was in an appropriate unit 
     under section 7112 of title 5, United States Code, prior to 
     the transfer, shall not be excluded from a unit under 
     subsection (b)(6) of that section unless--
       (i) the primary job duty of the employee is materially 
     changed after the transfer; and
       (ii) the primary job duty of the employee after such change 
     consists of intelligence, counterintelligence, or 
     investigative duties directly related to the investigation of 
     terrorism, if it is clearly demonstrated that membership in a 
     unit and coverage under chapter 71 of title 5, United States 
     Code, cannot be applied in a manner that would not

[[Page 17118]]

     have a substantial adverse effect on national security.
       (C) Transferred functions.--An employee of the Department 
     who is primarily engaged in carrying out a function 
     transferred to the Department under this Act or a function 
     substantially similar to a function so transferred shall not 
     be excluded from a unit under section 7112(b)(6) of title 5, 
     United States Code, unless the function prior to the transfer 
     was performed by an employee excluded from a unit under that 
     section.
       (D) Other agencies, employees, and functions.--
       (i) Exclusion of subdivision.--Subject to paragraph (A), a 
     subdivision of the Department shall not be excluded from 
     coverage under chapter 71 of title 5, United States Code, 
     under section 7103(b)(1) of that title unless--

       (I) the subdivision has, as a primary function, 
     intelligence, counterintelligence, or investigative duties 
     directly related to terrorism investigation; and
       (II) the provisions of that chapter cannot be applied to 
     that subdivision in a manner consistent with national 
     security requirements and considerations.

       (ii) Exclusion of employee.--Subject to subparagraphs (B) 
     and (C), an employee of the Department shall not be excluded 
     from a unit under section 7112(b)(6) of title 5, United 
     States Code, unless the primary job duty of the employee 
     consists of intelligence, counterintelligence, or 
     investigative duties directly related to terrorism 
     investigation, if it is clearly demonstrated that membership 
     in a unit and coverage under chapter 71 of title 5, United 
     States Code, cannot be applied in a manner that would not 
     have a substantial adverse effect on national security.
       (E) Prior exclusion.--Subparagraphs (A) through (D) shall 
     not apply to any entity or organizational unit, or 
     subdivision thereof, transferred to the Department under this 
     Act that, on July 19, 2002, was excluded from coverage under 
     chapter 71 of title 5, United States Code, under section 
     7103(b)(1) of that title.
       (2) Terms and conditions of employment.--The transfer of an 
     employee to the Department under this Act shall not alter the 
     terms and conditions of employment, including compensation, 
     of any employee so transferred.
       (3) Conditions and criteria for appointment.--Any 
     qualifications, conditions, or criteria required by law for 
     appointments to a position in an agency, or subdivision 
     thereof, transferred to the Department under this title, 
     including a requirement that an appointment be made by the 
     President, by and with the advice and consent of the Senate, 
     shall continue to apply with respect to any appointment to 
     the position made after such transfer to the Department has 
     occurred.
       (4) Whistleblower protection.--The President may not 
     exclude any position transferred to the Department as a 
     covered position under section 2302(a)(2)(B)(ii) of title 5, 
     United States Code, to the extent that such exclusion subject 
     to that authority was not made before the date of enactment 
     of this Act.
       (g) No Effect on Intelligence Authorities.--The transfer of 
     authorities, functions, personnel, and assets of elements of 
     the United States Government under this title, or the 
     assumption of authorities and functions by the Department 
     under this title, shall not be construed, in cases where such 
     authorities, functions, personnel, and assets are engaged in 
     intelligence activities as defined in the National Security 
     Act of 1947, as affecting the authorities of the Director of 
     Central Intelligence, the Secretary of Defense, or the heads 
     of departments and agencies within the intelligence 
     community.

     SEC. 184. USE OF APPROPRIATED FUNDS.

       (a) Applicability of This Section.--Notwithstanding any 
     other provision of this Act or any other law, this section 
     shall apply to the use of any funds, disposal of property, 
     and acceptance, use, and disposal of gifts, or donations of 
     services or property, of, for, or by the Department, 
     including any agencies, entities, or other organizations 
     transferred to the Department under this Act.
       (b) Use of Transferred Funds.--Except as may be provided in 
     an appropriations Act in accordance with subsection (d), 
     balances of appropriations and any other funds or assets 
     transferred under this Act--
       (1) shall be available only for the purposes for which they 
     were originally available;
       (2) shall remain subject to the same conditions and 
     limitations provided by the law originally appropriating or 
     otherwise making available the amount, including limitations 
     and notification requirements related to the reprogramming of 
     appropriated funds; and
       (3) shall not be used to fund any new position established 
     under this Act.
       (c) Notification Regarding Transfers.--The President shall 
     notify Congress not less than 15 days before any transfer of 
     appropriations balances, other funds, or assets under this 
     Act.
       (d) Additional Uses of Funds During Transition.--Subject to 
     subsection (c), amounts transferred to, or otherwise made 
     available to, the Department may be used during the 
     transition period for purposes in addition to those for which 
     they were originally available (including by transfer among 
     accounts of the Department), but only to the extent such 
     transfer or use is specifically permitted in advance in an 
     appropriations Act and only under the conditions and for the 
     purposes specified in such appropriations Act.
       (e) Disposal of Property.--
       (1) Strict compliance.--If specifically authorized to 
     dispose of real property in this or any other Act, the 
     Secretary shall exercise this authority in strict compliance 
     with section 204 of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 485).
       (2) Deposit of proceeds.--The Secretary shall deposit the 
     proceeds of any exercise of property disposal authority into 
     the miscellaneous receipts of the Treasury in accordance with 
     section 3302(b) of title 31, United States Code.
       (f) Gifts.--Gifts or donations of services or property of 
     or for the Department may not be accepted, used, or disposed 
     of unless specifically permitted in advance in an 
     appropriations Act and only under the conditions and for the 
     purposes specified in such appropriations Act.
       (g) Budget Request.--Under section 1105 of title 31, United 
     States Code, the President shall submit to Congress a 
     detailed budget request for the Department for fiscal year 
     2004.

                 Subtitle F--Administrative Provisions

     SEC. 191. REORGANIZATIONS AND DELEGATIONS.

       (a) Reorganization Authority.--
       (1) In general.--The Secretary may, as necessary and 
     appropriate--
       (A) allocate, or reallocate, functions among officers of 
     the Department; and
       (B) establish, consolidate, alter, or discontinue 
     organizational entities within the Department.
       (2) Limitation.--Paragraph (1) does not apply to--
       (A) any office, bureau, unit, or other entity established 
     by law and transferred to the Department;
       (B) any function vested by law in an entity referred to in 
     subparagraph (A) or vested by law in an officer of such an 
     entity; or
       (C) the alteration of the assignment or delegation of 
     functions assigned by this Act to any officer or 
     organizational entity of the Department.
       (b) Delegation Authority.--
       (1) Secretary.--The Secretary may--
       (A) delegate any of the functions of the Secretary; and
       (B) authorize successive redelegations of functions of the 
     Secretary to other officers and employees of the Department.
       (2) Officers.--An officer of the Department may--
       (A) delegate any function assigned to the officer by law; 
     and
       (B) authorize successive redelegations of functions 
     assigned to the officer by law to other officers and 
     employees of the Department.
       (3) Limitations.--
       (A) Interunit delegation.--Any function assigned by this 
     title to an organizational unit of the Department or to the 
     head of an organizational unit of the Department may not be 
     delegated to an officer or employee outside of that unit.
       (B) Functions.--Any function vested by law in an entity 
     established by law and transferred to the Department or 
     vested by law in an officer of such an entity may not be 
     delegated to an officer or employee outside of that entity.

     SEC. 192. REPORTING REQUIREMENTS.

       (a) Annual Evaluations.--The Comptroller General of the 
     United States shall monitor and evaluate the implementation 
     of titles I and XI. Not later than 15 months after the 
     effective date of this division, and every year thereafter 
     for the succeeding 5 years, the Comptroller General shall 
     submit a report to Congress containing--
       (1) an evaluation of the implementation progress reports 
     submitted to Congress and the Comptroller General by the 
     Secretary under section 182;
       (2) the findings and conclusions of the Comptroller General 
     of the United States resulting from the monitoring and 
     evaluation conducted under this subsection, including 
     evaluations of how successfully the Department is meeting--
       (A) the homeland security missions of the Department; and
       (B) the other missions of the Department; and
       (3) any recommendations for legislation or administrative 
     action the Comptroller General considers appropriate.
       (b) Biennial Reports.--Every 2 years the Secretary shall 
     submit to Congress--
       (1) a report assessing the resources and requirements of 
     executive agencies relating to border security and emergency 
     preparedness issues; and
       (2) a report certifying the preparedness of the United 
     States to prevent, protect against, and respond to natural 
     disasters, cyber attacks, and incidents involving weapons of 
     mass destruction.
       (c) Point of Entry Management Report.--Not later than 1 
     year after the effective date of this division, the Secretary 
     shall submit to Congress a report outlining proposed steps to 
     consolidate management authority for Federal operations at 
     key points of entry into the United States.
       (d) Results-Based Management.--
       (1) Strategic plan.--

[[Page 17119]]

       (A) In general.--Not later than September 30, 2003, 
     consistent with the requirements of section 306 of title 5, 
     United States Code, the Secretary, in consultation with 
     Congress, shall prepare and submit to the Director of the 
     Office of Management and Budget and to Congress a strategic 
     plan for the program activities of the Department.
       (B) Period; revisions.--The strategic plan shall cover a 
     period of not less than 5 years from the fiscal year in which 
     it is submitted and it shall be updated and revised at least 
     every 3 years.
       (C) Contents.--The strategic plan shall describe the 
     planned results for the non-homeland security related 
     activities of the Department and the homeland security 
     related activities of the Department.
       (2) Performance plan.--
       (A) In general.--In accordance with section 1115 of title 
     31, United States Code, the Secretary shall prepare an annual 
     performance plan covering each program activity set forth in 
     the budget of the Department.
       (B) Contents.--The performance plan shall include--
       (i) the goals to be achieved during the year;
       (ii) strategies and resources required to meet the goals; 
     and
       (iii) the means used to verify and validate measured 
     values.
       (C) Scope.--The performance plan should describe the 
     planned results for the non-homeland security related 
     activities of the Department and the homeland security 
     related activities of the Department.
       (3) Performance report.--
       (A) In general.--In accordance with section 1116 of title 
     31, United States Code, the Secretary shall prepare and 
     submit to the President and Congress an annual report on 
     program performance for each fiscal year.
       (B) Contents.--The performance report shall include the 
     actual results achieved during the year compared to the goals 
     expressed in the performance plan for that year.

     SEC. 193. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH 
                   REQUIREMENTS.

       The Secretary shall--
       (1) ensure that the Department complies with all applicable 
     environmental, safety, and health statutes and requirements; 
     and
       (2) develop procedures for meeting such requirements.

     SEC. 194. LABOR STANDARDS.

       (a) In General.--All laborers and mechanics employed by 
     contractors or subcontractors in the performance of 
     construction work financed in whole or in part with 
     assistance received under this Act shall be paid wages at 
     rates not less than those prevailing on similar construction 
     in the locality as determined by the Secretary of Labor in 
     accordance with the Davis-Bacon Act (40 U.S.C. 276a et seq.).
       (b) Secretary of Labor.--The Secretary of Labor shall have, 
     with respect to the enforcement of labor standards under 
     subsection (a), the authority and functions set forth in 
     Reorganization Plan Number 14 of 1950 (5 U.S.C. App.) and 
     section 2 of the Act of June 13, 1934 (48 Stat. 948, chapter 
     482; 40 U.S.C. 276c).

     SEC. 195. PRESERVING NON-HOMELAND SECURITY MISSION 
                   PERFORMANCE.

       (a) In General.--For each entity transferred into the 
     Department that has non-homeland security functions, the 
     respective Under Secretary in charge, in conjunction with the 
     head of such entity, shall report to the Secretary, the 
     Comptroller General, and the appropriate committees of 
     Congress on the performance of the entity in all of its 
     missions, with a particular emphasis on examining the 
     continued level of performance of the non-homeland security 
     missions.
       (b) Contents.--The report referred to in subsection (a) 
     shall--
       (1) to the greatest extent possible, provide an inventory 
     of the non-homeland security functions of the entity and 
     identify the capabilities of the entity with respect to those 
     functions, including--
       (A) the number of employees who carry out those functions;
       (B) the budget for those functions; and
       (C) the flexibilities, personnel or otherwise, currently 
     used to carry out those functions;
       (2) contain information related to the roles, 
     responsibilities, missions, organizational structure, 
     capabilities, personnel assets, and annual budgets, 
     specifically with respect to the capabilities of the entity 
     to accomplish its non-homeland security missions without any 
     diminishment; and
       (3) contain information regarding whether any changes are 
     required to the roles, responsibilities, missions, 
     organizational structure, modernization programs, projects, 
     activities, recruitment and retention programs, and annual 
     fiscal resources to enable the entity to accomplish its non-
     homeland security missions without diminishment.
       (c) Timing.--Each Under Secretary shall provide the report 
     referred to in subsection (a) annually, for the 5 years 
     following the transfer of the entity to the Department.

     SEC. 196. FUTURE YEARS HOMELAND SECURITY PROGRAM.

       (a) In General.--Each budget request submitted to Congress 
     for the Department under section 1105 of title 31, United 
     States Code, and each budget request submitted to Congress 
     for the National Terrorism Prevention and Response Program 
     shall be accompanied by a Future Years Homeland Security 
     Program.
       (b) Contents.--The Future Years Homeland Security Program 
     under subsection (a) shall be structured, and include the 
     same type of information and level of detail, as the Future 
     Years Defense Program submitted to Congress by the Department 
     of Defense under section 221 of title 10, United States Code.
       (c) Effective Date.--This section shall take effect with 
     respect to the preparation and submission of the fiscal year 
     2005 budget request for the Department and the fiscal year 
     2005 budget request for the National Terrorism Prevention and 
     Response Program, and for any subsequent fiscal year.

     SEC. 197. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL 
                   INFORMATION.

       (a) Definitions.--In this section:
       (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) 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.
       (b) In General.--Notwithstanding any other provision of 
     law, 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.
       (c) 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.
       (d) Withdrawal of Confidential Designation.--The provider 
     of a record that is furnished voluntarily to the Department 
     under subsection (b) may at any time withdraw, in a manner 
     specified by the Department, the confidential designation.
       (e) 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 (d).
       (f) 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.
       (g) Report.--
       (1) Requirement.--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 paragraph (2) a report on the implementation and 
     use of this section, including--
       (A) 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;
       (B) the number of requests for access to records granted or 
     denied under this section; and

[[Page 17120]]

       (C) 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.
       (2) Committees of congress.--The committees of Congress 
     specified in this paragraph are--
       (A) the Committees on the Judiciary and Governmental 
     Affairs of the Senate; and
       (B) the Committees on the Judiciary and Government Reform 
     and Oversight of the House of Representatives.
       (3) Form.--The report shall be submitted in unclassified 
     form, but may include a classified annex.

     SEC. 198. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to--
       (1) enable the Secretary to administer and manage the 
     Department; and
       (2) carry out the functions of the Department other than 
     those transferred to the Department under this Act.
                                 ______
                                 
  SA 4612. Ms. COLLINS (for herself and Mr. Levin) submitted an 
amendment intended to be proposed to amendment SA 4471 proposed by Mr. 
Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 11, strike lines 10 through 13, and insert the 
     following:
     homeland threats;
       (D) minimize the damage, and assist in the recovery, from 
     terrorist attacks or other natural or man-made crises that 
     occur within the United States; and
       (E) to the extent practicable, ensure the speedy, orderly, 
     safe, and efficient flow of lawful traffic, travel, and 
     commerce.
       On page 25, between lines 11 and 12, insert the following:
       (e) Special Assistant to the Secretary.--
       (1) Responsibilities.--The Secretary shall appoint a 
     Special Assistant to the Secretary who shall be responsible 
     for--
       (A) creating and fostering strategic communications with 
     the private sector to enhance the primary mission of the 
     Department to protect the American homeland;
       (B) advising the Secretary on the impact of the 
     Department's policies, regulations, processes, and actions on 
     the private sector;
       (C) interfacing with other relevant Federal agencies with 
     homeland security missions to assess the impact of these 
     agencies' actions on the private sector;
       (D) creating and managing private sector advisory councils 
     composed of representatives of industries and associations 
     designated by the Secretary to advise the Secretary on 
     homeland security policies, regulations, processes, and 
     actions that affect the participating industries and 
     associations;
       (E) promoting existing public-private partnerships and 
     developing new public-private partnerships to provide for 
     collaboration and mutual support to address homeland security 
     challenges; and
       (F) assisting in the development and promotion of private 
     sector best practices to secure critical infrastructure.
       (2) Duplication of functions.--The Special Assistant to the 
     Secretary shall avoid duplication of functions performed by 
     the Directorate of Science of Technology in accordance with 
     section 135.
                                 ______
                                 
  SA 4613. Mr. GRASSLEY (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place add the following:

                 FEDERAL BUREAU OF INVESTIGATION REFORM

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Federal Bureau of 
     Investigation Reform Act of 2002''.

                  Subtitle A--Improving FBI Oversight

     SEC. 611. AUTHORITY OF THE DEPARTMENT OF JUSTICE INSPECTOR 
                   GENERAL.

       Section 8E of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) in subsection (b), by striking paragraphs (2) and (3) 
     and inserting the following:
       ``(2) except as specified in subsection (a) and paragraph 
     (3), may investigate allegations of criminal wrongdoing or 
     administrative misconduct by an employee of the Department of 
     Justice, or may, in the discretion of the Inspector General, 
     refer such allegations to the Office of Professional 
     Responsibility or the internal affairs office of the 
     appropriate component of the Department of Justice;
       ``(3) shall refer to the Counsel, Office of Professional 
     Responsibility of the Department of Justice, allegations of 
     misconduct involving Department attorneys, investigators, or 
     law enforcement personnel, where the allegations relate to 
     the exercise of the authority of an attorney to investigate, 
     litigate, or provide legal advice, except that no such 
     referral shall be made if the attorney is employed in the 
     Office of Professional Responsibility;
       ``(4) may investigate allegations of criminal wrongdoing or 
     administrative misconduct, including a failure to properly 
     discipline employees, by a person who is the head of any 
     agency or component of the Department of Justice; and
       ``(5) shall forward the results of any investigation 
     conducted under paragraph (4), along with any appropriate 
     recommendation for disciplinary action, to the Attorney 
     General, who is authorized to take appropriate disciplinary 
     action.''; and
       (2) by adding at the end the following:
       ``(d) If the Attorney General does not follow any 
     recommendation of the Inspector General made under subsection 
     (b)(5), the Attorney General shall submit a report to the 
     chairperson and ranking member of the Committees on the 
     Judiciary of the Senate and the House of Representatives that 
     sets forth the recommendation of the Inspector General and 
     the reasons of the Attorney General for not following that 
     recommendation.
       ``(e) The Attorney General shall ensure by regulation that 
     any component of the Department of Justice receiving a 
     nonfrivolous allegation of criminal wrongdoing or 
     administrative misconduct by an employee of the Department of 
     Justice shall report that information to the Inspector 
     General.''.

     SEC. 612. REVIEW OF THE DEPARTMENT OF JUSTICE.

       (a) Appointment of Oversight Official Within the Office of 
     Inspector General.--
       (1) In general.--The Inspector General of the Department of 
     Justice shall direct that 1 official from the office of the 
     Inspector General be responsible for supervising and 
     coordinating independent oversight of programs and operations 
     of the Federal Bureau of Investigation until September 30, 
     2003.
       (2) Continuation of oversight.--The Inspector General may 
     continue individual oversight in accordance with paragraph 
     (1) after September 30, 2003, at the discretion of the 
     Inspector General.
       (b) Inspector General Oversight Plan for the Federal Bureau 
     of Investigation.--Not later than 30 days after the date of 
     the enactment of this Act, the Inspector General of the 
     Department of Justice shall submit to the Chairperson and 
     ranking member of the Committees on the Judiciary of the 
     Senate and the House of Representatives, a plan for oversight 
     of the Federal Bureau of Investigation, which plan may 
     include--
       (1) an audit of the financial systems, information 
     technology systems, and computer security systems of the 
     Federal Bureau of Investigation;
       (2) an audit and evaluation of programs and processes of 
     the Federal Bureau of Investigation to identify systemic 
     weaknesses or implementation failures and to recommend 
     corrective action;
       (3) a review of the activities of internal affairs offices 
     of the Federal Bureau of Investigation, including the 
     Inspections Division and the Office of Professional 
     Responsibility;
       (4) an investigation of allegations of serious misconduct 
     by personnel of the Federal Bureau of Investigation;
       (5) a review of matters relating to any other program or 
     operation of the Federal Bureau of Investigation that the 
     Inspector General determines requires review; and
       (6) an identification of resources needed by the Inspector 
     General to implement a plan for oversight of the Federal 
     Bureau of Investigation.
       (c) Report on Inspector General for Federal Bureau of 
     Investigation.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report and recommendation to the Chairperson and ranking 
     member of the Committees on the Judiciary of the Senate and 
     the House of Representatives concerning--
       (1) whether there should be established, within the 
     Department of Justice, a separate office of the Inspector 
     General for the Federal Bureau of Investigation that shall be 
     responsible for supervising independent oversight of programs 
     and operations of the Federal Bureau of Investigation;
       (2) what changes have been or should be made to the rules, 
     regulations, policies, or practices governing the Federal 
     Bureau of Investigation in order to assist the Office of the 
     Inspector General in effectively exercising its authority to 
     investigate the conduct of employees of the Federal Bureau of 
     Investigation;
       (3) what differences exist between the methods and 
     practices used by different Department of Justice components 
     in the investigation and adjudication of alleged misconduct 
     by Department of Justice personnel;
       (4) what steps should be or are being taken to make the 
     methods and practices described in paragraph (3) uniform 
     throughout the Department of Justice; and
       (5) whether a set of recommended guidelines relating to the 
     discipline of Department of Justice personnel for misconduct 
     should be developed, and what factors, such as the nature and 
     seriousness of the misconduct, the prior history of the 
     employee, and the rank and seniority of the employee at the 
     time of the misconduct, should be

[[Page 17121]]

     taken into account in establishing such recommended 
     disciplinary guidelines.

                  Subtitle B--Whistleblower Protection

     SEC. 621. INCREASING PROTECTIONS FOR FBI WHISTLEBLOWERS.

       Section 2303 of title 5, United States Code, is amended to 
     read as follows:

     ``Sec. 2303. Prohibited personnel practices in the Federal 
       Bureau of Investigation

       ``(a) Definition.--In this section, the term `personnel 
     action' means any action described in clauses (i) through (x) 
     of section 2302(a)(2)(A).
       ``(b) Prohibited Practices.--Any employee of the Federal 
     Bureau of Investigation who has the authority to take, direct 
     others to take, recommend, or approve any personnel action, 
     shall not, with respect to such authority, take or fail to 
     take a personnel action with respect to any employee of the 
     Bureau or because of--
       ``(1) any disclosure of information by the employee to the 
     Attorney General (or an employee designated by the Attorney 
     General for such purpose), a supervisor of the employee, the 
     Inspector General for the Department of Justice, or a Member 
     of Congress that the employee reasonably believes evidences--
       ``(A) a violation of any law, rule, or regulation; or
       ``(B) mismanagement, a gross waste of funds, an abuse of 
     authority, or a substantial and specific danger to public 
     health or safety; or
       ``(2) any disclosure of information by the employee to the 
     Special Counsel of information that the employee reasonably 
     believes evidences--
       ``(A) a violation of any law, rule, or regulation; or
       ``(B) mismanagement, a gross waste of funds, an abuse of 
     authority, or a substantial and specific danger to public 
     health or safety,

     if such disclosure is not specifically prohibited by law and 
     if such information is not specifically required by Executive 
     order to be kept secret in the interest of national defense 
     or the conduct of foreign affairs.
       ``(c) Individual Right of Action.--Chapter 12 of this title 
     shall apply to an employee of the Federal Bureau of 
     Investigation who claims that a personnel action has been 
     taken under this section against the employee as a reprisal 
     for any disclosure of information described in subsection 
     (b)(2).
       ``(d) Regulations.--The Attorney General shall prescribe 
     regulations to ensure that a personnel action under this 
     section shall not be taken against an employee of the Federal 
     Bureau of Investigation as a reprisal for any disclosure of 
     information described in subsection (b)(1), and shall provide 
     for the enforcement of such regulations in a manner 
     consistent with applicable provisions of sections 1214 and 
     1221, and in accordance with the procedures set forth in 
     sections 554 through 557 and 701 through 706.''.

                Subtitle C--FBI Security Career Program

     SEC. 631. SECURITY MANAGEMENT POLICIES.

       The Attorney General shall establish policies and 
     procedures for the effective management (including accession, 
     education, training, and career development) of persons 
     serving in security positions in the Federal Bureau of 
     Investigation.

     SEC. 632. DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION.

       (a) In General.--Subject to the authority, direction, and 
     control of the Attorney General, the Director of the Federal 
     Bureau of Investigation (referred to in this subtitle as the 
     ``Director'') shall carry out all powers, functions, and 
     duties of the Attorney General with respect to the security 
     workforce in the Federal Bureau of Investigation.
       (b) Policy Implementation.--The Director shall ensure that 
     the policies of the Attorney General established in 
     accordance with this title are implemented throughout the 
     Federal Bureau of Investigation at both the headquarters and 
     field office levels.

     SEC. 633. DIRECTOR OF SECURITY.

       The Director shall appoint a Director of Security, or such 
     other title as the Director may determine, to assist the 
     Director in the performance of the duties of the Director 
     under this title.

     SEC. 634. SECURITY CAREER PROGRAM BOARDS.

       (a) Establishment.--The Director, acting through the 
     Director of Security, shall establish a security career 
     program board to advise the Director in managing the hiring, 
     training, education, and career development of personnel in 
     the security workforce of the Federal Bureau of 
     Investigation.
       (b) Composition of Board.--The security career program 
     board shall include--
       (1) the Director of Security (or a representative of the 
     Director of Security);
       (2) the senior officials, as designated by the Director, 
     with responsibility for personnel management;
       (3) the senior officials, as designated by the Director, 
     with responsibility for information management;
       (4) the senior officials, as designated by the Director, 
     with responsibility for training and career development in 
     the various security disciplines; and
       (5) such other senior officials for the intelligence 
     community as the Director may designate.
       (c) Chairperson.--The Director of Security (or a 
     representative of the Director of Security) shall be the 
     chairperson of the board.
       (d) Subordinate Boards.--The Director of Security may 
     establish a subordinate board structure to which functions of 
     the security career program board may be delegated.

     SEC. 635. DESIGNATION OF SECURITY POSITIONS.

       (a) Designation.--The Director shall designate, by 
     regulation, those positions in the Federal Bureau of 
     Investigation that are security positions for purposes of 
     this title.
       (b) Required Positions.--In designating security positions 
     under subsection (a), the Director shall include, at a 
     minimum, all security-related positions in the areas of--
       (1) personnel security and access control;
       (2) information systems security and information assurance;
       (3) physical security and technical surveillance 
     countermeasures;
       (4) operational, program, and industrial security; and
       (5) information security and classification management.

     SEC. 636. CAREER DEVELOPMENT.

       (a) Career Paths.--The Director shall ensure that 
     appropriate career paths for personnel who wish to pursue 
     careers in security are identified in terms of the education, 
     training, experience, and assignments necessary for career 
     progression to the most senior security positions and shall 
     make available published information on those career paths.
       (b) Limitation on Preference for Special Agents.--
       (1) In general.--Except as provided in the policy 
     established under paragraph (2), the Attorney General shall 
     ensure that no requirement or preference for a Special Agent 
     of the Federal Bureau of Investigation (referred to in this 
     subtitle as a ``Special Agent'') is used in the consideration 
     of persons for security positions.
       (2) Policy.--The Attorney General shall establish a policy 
     that permits a particular security position to be specified 
     as available only to Special Agents, if a determination is 
     made, under criteria specified in the policy, that a Special 
     Agent--
       (A) is required for that position by law;
       (B) is essential for performance of the duties of the 
     position; or
       (C) is necessary for another compelling reason.
       (3) Report.--Not later than December 15 of each year, the 
     Director shall submit to the Attorney General a report that 
     lists--
       (A) each security position that is restricted to Special 
     Agents under the policy established under paragraph (2); and
       (B) the recommendation of the Director as to whether each 
     restricted security position should remain restricted.
       (c) Opportunities To Qualify.--The Attorney General shall 
     ensure that all personnel, including Special Agents, are 
     provided the opportunity to acquire the education, training, 
     and experience necessary to qualify for senior security 
     positions.
       (d) Best Qualified.--The Attorney General shall ensure that 
     the policies established under this title are designed to 
     provide for the selection of the best qualified individual 
     for a position, consistent with other applicable law.
       (e) Assignments Policy.--The Attorney General shall 
     establish a policy for assigning Special Agents to security 
     positions that provides for a balance between--
       (1) the need for personnel to serve in career enhancing 
     positions; and
       (2) the need for requiring service in each such position 
     for sufficient time to provide the stability necessary to 
     carry out effectively the duties of the position and to allow 
     for the establishment of responsibility and accountability 
     for actions taken in the position.
       (f) Length of Assignment.--In implementing the policy 
     established under subsection (b)(2), the Director shall 
     provide, as appropriate, for longer lengths of assignments to 
     security positions than assignments to other positions.
       (g) Performance Appraisals.--The Director shall provide an 
     opportunity for review and inclusion of any comments on any 
     appraisal of the performance of a person serving in a 
     security position by a person serving in a security position 
     in the same security career field.
       (h) Balanced Workforce Policy.--In the development of 
     security workforce policies under this title with respect to 
     any employees or applicants for employment, the Attorney 
     General shall, consistent with the merit system principles 
     set out in paragraphs (1) and (2) of section 2301(b) of title 
     5, United States Code, take into consideration the need to 
     maintain a balanced workforce in which women and members of 
     racial and ethnic minority groups are appropriately 
     represented in Government service.

     SEC. 637. GENERAL EDUCATION, TRAINING, AND EXPERIENCE 
                   REQUIREMENTS.

       (a) In General.--The Director shall establish education, 
     training, and experience requirements for each security 
     position, based on the level of complexity of duties carried 
     out in the position.
       (b) Qualification Requirements.--Before being assigned to a 
     position as a program manager or deputy program manager of a 
     significant security program, a person--

[[Page 17122]]

       (1) must have completed a security program management 
     course that is accredited by the Intelligence Community-
     Department of Defense Joint Security Training Consortium or 
     is determined to be comparable by the Director; and
       (2) must have not less than 6 years experience in security, 
     of which not less than 2 years were performed in a similar 
     program office or organization.

     SEC. 638. EDUCATION AND TRAINING PROGRAMS.

       (a) In General.--The Director, in consultation with the 
     Director of Central Intelligence and the Secretary of 
     Defense, shall establish and implement education and training 
     programs for persons serving in security positions in the 
     Federal Bureau of Investigation.
       (b) Other Programs.--The Director shall ensure that 
     programs established under subsection (a) are established and 
     implemented, to the maximum extent practicable, uniformly 
     with the programs of the Intelligence Community and the 
     Department of Defense.

     SEC. 639. OFFICE OF PERSONNEL MANAGEMENT APPROVAL.

       (a) In General.--The Attorney General shall submit any 
     requirement that is established under section 637 to the 
     Director of the Office of Personnel Management for approval.
       (b) Final Approval.--If the Director does not disapprove 
     the requirements established under section 637 within 30 days 
     after the date on which the Director receives the 
     requirement, the requirement is deemed to be approved by the 
     Director of the Office of Personnel Management.

         Subtitle D--FBI Counterintelligence Polygraph Program

     SEC. 641. DEFINITIONS.

       In this subtitle:
       (1) Polygraph program.--The term ``polygraph program'' 
     means the counterintelligence screening polygraph program 
     established under section 642.
       (2) Polygraph review.--The term ``Polygraph Review'' means 
     the review of the scientific validity of the polygraph for 
     counterintelligence screening purposes conducted by the 
     Committee to Review the Scientific Evidence on the Polygraph 
     of the National Academy of Sciences.

     SEC. 642. ESTABLISHMENT OF PROGRAM.

       Not later than 6 months after publication of the results of 
     the Polygraph Review, the Attorney General, in consultation 
     with the Director of the Federal Bureau of Investigation and 
     the Director of Security of the Federal Bureau of 
     Investigation, shall establish a counterintelligence 
     screening polygraph program for the Federal Bureau of 
     Investigation that consists of periodic polygraph 
     examinations of employees, or contractor employees of the 
     Federal Bureau of Investigation who are in positions 
     specified by the Director of the Federal Bureau of 
     Investigation as exceptionally sensitive in order to minimize 
     the potential for unauthorized release or disclosure of 
     exceptionally sensitive information.

     SEC. 643. REGULATIONS.

       (a) In General.--The Attorney General shall prescribe 
     regulations for the polygraph program in accordance with 
     subchapter II of chapter 5 of title 5, United States Code 
     (commonly referred to as the Administrative Procedures Act).
       (b) Considerations.--In prescribing regulations under 
     subsection (a), the Attorney General shall--
       (1) take into account the results of the Polygraph Review; 
     and
       (2) include procedures for--
       (A) identifying and addressing false positive results of 
     polygraph examinations;
       (B) ensuring that adverse personnel actions are not taken 
     against an individual solely by reason of the physiological 
     reaction of the individual to a question in a polygraph 
     examination, unless--
       (i) reasonable efforts are first made independently to 
     determine through alternative means, the veracity of the 
     response of the individual to the question; and
       (ii) the Director of the Federal Bureau of Investigation 
     determines personally that the personnel action is justified;
       (C) ensuring quality assurance and quality control in 
     accordance with any guidance provided by the Department of 
     Defense Polygraph Institute and the Director of Central 
     Intelligence; and
       (D) allowing any employee or contractor who is the subject 
     of a counterintelligence screening polygraph examination 
     under the polygraph program, upon written request, to have 
     prompt access to any unclassified reports regarding an 
     examination that relates to any adverse personnel action 
     taken with respect to the individual.

     SEC. 644. REPORT ON FURTHER ENHANCEMENT OF FBI PERSONNEL 
                   SECURITY PROGRAM.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this Act, the Director of the Federal Bureau of 
     Investigation shall submit to Congress a report setting forth 
     recommendations for any legislative action that the Director 
     considers appropriate in order to enhance the personnel 
     security program of the Federal Bureau of Investigation.
       (b) Polygraph Review Results.--Any recommendation under 
     subsection (a) regarding the use of polygraphs shall take 
     into account the results of the Polygraph Review.

                         Subtitle E--FBI Police

     SEC. 651. DEFINITIONS.

       In this subtitle:
       (1) Director.--The term ``Director'' means the Director of 
     the Federal Bureau of Investigation.
       (2) FBI buildings and grounds.--
       (A) In general.--The term ``FBI buildings and grounds'' 
     means--
       (i) the whole or any part of any building or structure 
     which is occupied under a lease or otherwise by the Federal 
     Bureau of Investigation and is subject to supervision and 
     control by the Federal Bureau of Investigation;
       (ii) the land upon which there is situated any building or 
     structure which is occupied wholly by the Federal Bureau of 
     Investigation; and
       (iii) any enclosed passageway connecting 2 or more 
     buildings or structures occupied in whole or in part by the 
     Federal Bureau of Investigation.
       (B) Inclusion.--The term ``FBI buildings and grounds'' 
     includes adjacent streets and sidewalks not to exceed 500 
     feet from such property.
       (3) FBI police.--The term ``FBI police'' means the 
     permanent police force established under section 652.

     SEC. 652. ESTABLISHMENT OF FBI POLICE; DUTIES.

       (a) In General.--Subject to the supervision of the Attorney 
     General, the Director may establish a permanent police force, 
     to be known as the FBI police.
       (b) Duties.--The FBI police shall perform such duties as 
     the Director may prescribe in connection with the protection 
     of persons and property within FBI buildings and grounds.
       (c) Uniformed Representative.--The Director, or designated 
     representative duly authorized by the Attorney General, may 
     appoint uniformed representatives of the Federal Bureau of 
     Investigation as FBI police for duty in connection with the 
     policing of all FBI buildings and grounds.
       (d) Authority.--
       (1) In general.--In accordance with regulations prescribed 
     by the Director and approved by the Attorney General, the FBI 
     police may--
       (A) police the FBI buildings and grounds for the purpose of 
     protecting persons and property;
       (B) in the performance of duties necessary for carrying out 
     subparagraph (A), make arrests and otherwise enforce the laws 
     of the United States, including the laws of the District of 
     Columbia;
       (C) carry firearms as may be required for the performance 
     of duties;
       (D) prevent breaches of the peace and suppress affrays and 
     unlawful assemblies; and
       (E) hold the same powers as sheriffs and constables when 
     policing FBI buildings and grounds.
       (2) Exception.--The authority and policing powers of FBI 
     police under this subsection shall not include the service of 
     civil process.
       (e) Pay and Benefits.--
       (1) In general.--The rates of basic pay, salary schedule, 
     pay provisions, and benefits for members of the FBI police 
     shall be equivalent to the rates of basic pay, salary 
     schedule, pay provisions, and benefits applicable to members 
     of the United States Secret Service Uniformed Division.
       (2) Application.--Pay and benefits for the FBI police under 
     paragraph (1)--
       (A) shall be established by regulation;
       (B) shall apply with respect to pay periods beginning after 
     January 1, 2003; and
       (C) shall not result in any decrease in the rates of pay or 
     benefits of any individual.

     SEC. 653. AUTHORITY OF METROPOLITAN POLICE FORCE.

       This title does not affect the authority of the 
     Metropolitan Police Force of the District of Columbia with 
     respect to FBI buildings and grounds.

                          Subtitle F--Reports

     SEC. 661. REPORT ON LEGAL AUTHORITY FOR FBI PROGRAMS AND 
                   ACTIVITIES.

       (a) In General.--Not later than December 31, 2002, the 
     Attorney General shall submit to Congress a report describing 
     the statutory and other legal authority for all programs and 
     activities of the Federal Bureau of Investigation.
       (b) Contents.--The report submitted under subsection (a) 
     shall describe--
       (1) the titles within the United States Code and the 
     statutes for which the Federal Bureau of Investigation 
     exercises investigative responsibility;
       (2) each program or activity of the Federal Bureau of 
     Investigation that has express statutory authority and the 
     statute which provides that authority; and
       (3) each program or activity of the Federal Bureau of 
     Investigation that does not have express statutory authority, 
     and the source of the legal authority for that program or 
     activity.
       (c) Recommendations.--The report submitted under subsection 
     (a) shall recommend whether--
       (1) the Federal Bureau of Investigation should continue to 
     have investigative responsibility for each statute for which 
     the Federal Bureau of Investigation currently has 
     investigative responsibility;

[[Page 17123]]

       (2) the legal authority for any program or activity of the 
     Federal Bureau of Investigation should be modified or 
     repealed;
       (3) the Federal Bureau of Investigation should have express 
     statutory authority for any program or activity of the 
     Federal Bureau of Investigation for which the Federal Bureau 
     of Investigation does not currently have express statutory 
     authority; and
       (4) the Federal Bureau of Investigation should--
       (A) have authority for any new program or activity; and
       (B) express statutory authority with respect to any new 
     programs or activities.

     SEC. 662. REPORT ON FBI INFORMATION MANAGEMENT AND 
                   TECHNOLOGY.

       (a) In General.--Not later than December 31, 2002, the 
     Attorney General shall submit to Congress a report on the 
     information management and technology programs of the Federal 
     Bureau of Investigation including recommendations for any 
     legislation that may be necessary to enhance the 
     effectiveness of those programs.
       (b) Contents of Report.--The report submitted under 
     subsection (a) shall provide--
       (1) an analysis and evaluation of whether authority for 
     waiver of any provision of procurement law (including any 
     regulation implementing such a law) is necessary to 
     expeditiously and cost-effectively acquire information 
     technology to meet the unique need of the Federal Bureau of 
     Investigation to improve its investigative operations in 
     order to respond better to national law enforcement, 
     intelligence, and counterintelligence requirements;
       (2) the results of the studies and audits conducted by the 
     Strategic Management Council and the Inspector General of the 
     Department of Justice to evaluate the information management 
     and technology programs of the Federal Bureau of 
     Investigation, including systems, policies, procedures, 
     practices, and operations; and
       (3) a plan for improving the information management and 
     technology programs of the Federal Bureau of Investigation.
       (c) Results.--The results provided under subsection (b)(2) 
     shall include an evaluation of--
       (1) information technology procedures and practices 
     regarding procurement, training, and systems maintenance;
       (2) record keeping policies, procedures, and practices of 
     the Federal Bureau of Investigation, focusing particularly on 
     how information is inputted, stored, managed, utilized, and 
     shared within the Federal Bureau of Investigation;
       (3) how information in a given database is related or 
     compared to, or integrated with, information in other 
     technology databases within the Federal Bureau of 
     Investigation;
       (4) the effectiveness of the existing information 
     technology infrastructure of the Federal Bureau of 
     Investigation in supporting and accomplishing the overall 
     mission of the Federal Bureau of Investigation;
       (5) the management of information technology projects of 
     the Federal Bureau of Investigation, focusing on how the 
     Federal Bureau of Investigation--
       (A) selects its information technology projects;
       (B) ensures that projects under development deliver 
     benefits; and
       (C) ensures that completed projects deliver the expected 
     results; and
       (6) the security and access control techniques for 
     classified and sensitive but unclassified information systems 
     in the Federal Bureau of Investigation.
       (d) Contents of Plan.--The plan provided under subsection 
     (b)(3) shall ensure that--
       (1) appropriate key technology management positions in the 
     Federal Bureau of Investigation are filled by personnel with 
     experience in the commercial sector;
       (2) access to the most sensitive information is audited in 
     such a manner that suspicious activity is subject to near 
     contemporaneous security review;
       (3) critical information systems employ a public key 
     infrastructure to validate both users and recipients of 
     messages or records;
       (4) security features are tested by the National Security 
     Agency to meet national information systems security 
     standards;
       (5) all employees in the Federal Bureau of Investigation 
     receive annual instruction in records and information 
     management policies and procedures relevant to their 
     positions;
       (6) a reserve is established for research and development 
     to guide strategic information management and technology 
     investment decisions;
       (7) unnecessary administrative requirements for software 
     purchases under $2,000,000 are eliminated;
       (8) full consideration is given to contacting with an 
     expert technology partner to provide technical support for 
     the information technology procurement for the Federal Bureau 
     of Investigation;
       (9) procedures are instituted to procure products and 
     services through contracts of other agencies, as necessary; 
     and
       (10) a systems integration and test center, with the 
     participation of field personnel, tests each series of 
     information systems upgrades or application changes before 
     their operational deployment to confirm that they meet proper 
     requirements.

     SEC. 663. GAO REPORT ON CRIME STATISTICS REPORTING.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committees on the Judiciary of the 
     Senate and the House of Representatives a report on the issue 
     of how statistics are reported and used by Federal law 
     enforcement agencies.
       (b) Contents.--The report submitted under subsection (a) 
     shall--
       (1) identify the current regulations, procedures, internal 
     policies, or other conditions that allow the investigation or 
     arrest of an individual to be claimed or reported by more 
     than 1 Federal or State agency charged with law enforcement 
     responsibility;
       (2) identify and examine the conditions that allow the 
     investigation or arrest of an individual to be claimed or 
     reported by the Offices of Inspectors General and any other 
     Federal agency charged with law enforcement responsibility;
       (3) examine the statistics reported by Federal law 
     enforcement agencies, and document those instances in which 
     more than 1 agency, bureau, or office claimed or reported the 
     same investigation or arrest during the years 1998 through 
     2001;
       (4) examine the issue of Federal agencies simultaneously 
     claiming arrest credit for in-custody situations that have 
     already occurred pursuant to a State or local agency arrest 
     situation during the years 1998 through 2001;
       (5) examine the issue of how such statistics are used for 
     administrative and management purposes;
       (6) set forth a comprehensive definition of the terms 
     ``investigation'' and ``arrest'' as those terms apply to 
     Federal agencies charged with law enforcement 
     responsibilities; and
       (7) include recommendations, that when implemented, would 
     eliminate unwarranted and duplicative reporting of 
     investigation and arrest statistics by all Federal agencies 
     charged with law enforcement responsibilities.
       (c) Federal Agency Compliance.--Federal law enforcement 
     agencies shall comply with requests made by the General 
     Accounting Office for information that is necessary to assist 
     in preparing the report required by this section.

                 Subtitle G--Ending the Double Standard

     SEC. 671. ALLOWING DISCIPLINARY SUSPENSIONS OF MEMBERS OF THE 
                   SENIOR EXECUTIVE SERVICE FOR 14 DAYS OR LESS.

       Section 7542 of title 5, United States Code, is amended by 
     striking ``for more than 14 days''.

     SEC. 672. SUBMITTING OFFICE OF PROFESSIONAL RESPONSIBILITY 
                   REPORTS TO CONGRESSIONAL COMMITTEES.

       (a) In General.--For each of the 5 years following the date 
     of enactment of this Act, the Office of the Inspector General 
     shall submit to the chairperson and ranking member of the 
     Committees on the Judiciary of the Senate and the House of 
     Representatives an annual report to be completed by the 
     Federal Bureau of Investigation, Office of Professional 
     Responsibility and provided to the Inspector General, which 
     sets forth--
       (1) basic information on each investigation completed by 
     that Office;
       (2) the findings and recommendations of that Office for 
     disciplinary action; and
       (3) what, if any, action was taken by the Director of the 
     Federal Bureau of Investigation or the designee of the 
     Director based on any such recommendation.
       (b) Contents.--In addition to all matters already included 
     in the annual report described in subsection (a), the report 
     shall also include an analysis of--
       (1) whether senior Federal Bureau of Investigation 
     employees and lower level Federal Bureau of Investigation 
     personnel are being disciplined and investigated similarly; 
     and
       (2) whether any double standard is being employed to more 
     senior employees with respect to allegations of misconduct.

      Subtitle H--Enhancing Security at the Department of Justice

     SEC. 781. REPORT ON THE PROTECTION OF SECURITY AND 
                   INFORMATION AT THE DEPARTMENT OF JUSTICE.

       Not later than December 31, 2002, the Attorney General 
     shall submit to Congress a report on the manner in which the 
     Security and Emergency Planning Staff, the Office of 
     Intelligence Policy and Review, and the Chief Information 
     Officer of the Department of Justice plan to improve the 
     protection of security and information at the Department of 
     Justice, including a plan to establish secure electronic 
     communications between the Federal Bureau of Investigation 
     and the Office of Intelligence Policy and Review for 
     processing information related to the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

     SEC. 782. AUTHORIZATION FOR INCREASED RESOURCES TO PROTECT 
                   SECURITY AND INFORMATION.

       There are authorized to be appropriated to the Department 
     of Justice for the activities of the Security and Emergency 
     Planning Staff to meet the increased demands to provide 
     personnel, physical, information, technical, and litigation 
     security for the Department of Justice, to prepare for 
     terrorist

[[Page 17124]]

     threats and other emergencies, and to review security 
     compliance by components of the Department of Justice--
       (1) $13,000,000 for fiscal year 2003;
       (2) $17,000,000 for fiscal year 2004; and
       (3) $22,000,000 for fiscal year 2005.

     SEC. 783. AUTHORIZATION FOR INCREASED RESOURCES TO FULFILL 
                   NATIONAL SECURITY MISSION OF THE DEPARTMENT OF 
                   JUSTICE.

       There are authorized to be appropriated to the Department 
     of Justice for the activities of the Office of Intelligence 
     Policy and Review to help meet the increased personnel 
     demands to combat terrorism, process applications to the 
     Foreign Intelligence Surveillance Court, participate 
     effectively in counterespionage investigations, provide 
     policy analysis and oversight on national security matters, 
     and enhance secure computer and telecommunications 
     facilities--
       (1) $7,000,000 for fiscal year 2003;
       (2) $7,500,000 for fiscal year 2004; and
       (3) $8,000,000 for fiscal year 2005.

                             EFFECTIVE DATE

     SEC. 701. EFFECTIVE DATE.

                                 ______
                                 
  SA 4614. Mr. SESSIONS (for himself, Mr. Leahy, and Mr. Nickles) 
submitted an amendment intended to be proposed to amendment SA 4471 
proposed by Mr. Lieberman to the bill H.R. 5005, to establish the 
Department of Homeland Security, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of section 2302 add the following:
       Sec. 173. For purposes of this section, ``total payment'' 
     shall not include any amount received from a Johnny Micheal 
     Spann Patriot Trust as defined herein:
       (a) Findings.--Congress finds the following:
       (1) Members of the Armed Forces of the United States defend 
     the freedom and security of our Nation.
       (2) Members of the Armed Forces of the United States have 
     lost their lives while battling the evils of terrorism around 
     the world.
       (3) Personnel of the Central Intelligence Agency (CIA) 
     charged with the responsibility of covert observation of 
     terrorists around the world are often put in harm's way 
     during their service to the United States.
       (4) Personnel of the Central Intelligence Agency have also 
     lost their lives while battling the evils of terrorism around 
     the world.
       (5) Employees of the Federal Bureau of Investigation (FBI) 
     and other Federal agencies charged with domestic protection 
     of the United States put their lives at risk on a daily basis 
     for the freedom and security of our Nation.
       (6) United States military personnel, CIA personnel, FBI 
     personnel, and other Federal agents in the service of the 
     United States are patriots of the highest order.
       (7) CIA officer Johnny Micheal Spann became the first 
     American to give his life for his country in the War on 
     Terrorism launched by President George W. Bush following the 
     terrorist attacks of September 11, 2001.
       (8) Johnny Micheal Spann left behind a wife and children 
     who are very proud of the heroic actions of their patriot 
     father.
       (9) Surviving dependents of members of the Armed Forces of 
     the United States who lose their lives as a result of 
     terrorist attacks or military operations abroad receive a 
     $6,000 death benefit, plus a small monthly benefit.
       (10) The current system of compensating spouses and 
     children of American patriots is inequitable and needs 
     improvement.
       (b) Designation of Johnny Micheal Spann Patriot Trusts.--
     Any charitable corporation, fund, foundation, or trust (or 
     separate fund or account thereof) which otherwise meets all 
     applicable requirements under law with respect to charitable 
     entities and meets the requirements described in subsection 
     (c) shall be eligible to characterize itself as a ``Johnny 
     Micheal Spann Patriot Trust''.
       (c) Requirements for the Designation of Johnny Micheal 
     Spann Patriot Trusts.--The requirements described in this 
     subsection are as follows:
       (1) Not taking into account funds or donations reasonably 
     necessary to establish a trust, at least 85 percent of all 
     funds or donations (including any earnings on the investment 
     of such funds or donations) received or collected by any 
     Johnny Micheal Spann Patriot Trust must be distributed to 
     (or, if placed in a private foundation, held in trust for) 
     surviving spouses, children, or dependent parents, 
     grandparents, or siblings of 1 or more of the following:
       (A) members of the Armed Forces of the United States;
       (B) personnel, including contractors, of elements of the 
     intelligence community, as defined in section 3(4) of the 
     National Security Act of 1947;
       (C) employees of the Federal Bureau of Investigation;
       (D) employees and contractors of the Department of Homeland 
     Security; and
       (E) officers, employees, contract employees, of the United 
     States Government,
     whose deaths occur in the line of duty and arise out of 
     terrorist attacks, military operations, intelligence 
     operations, law enforcement operations, or accidents 
     connected with activities occurring after September 11, 2001, 
     and related to domestic or foreign efforts to curb 
     international terrorism, including the Authorization for Use 
     of Military Force (Public Law 107-40; 115 Stat. 224).
       (2) Other than funds or donations reasonably necessary to 
     establish a trust, not more than 15 percent of all funds or 
     donations (or 15 percent of annual earnings on funds invested 
     in a private foundation) may be used for administrative 
     purposes.
       (3) No part of the net earnings of any Johnny Micheal Spann 
     Patriot Trust may inure to the benefit of any individual 
     based solely on the position of such individual as a 
     shareholder, an officer or employee of such Trust.
       (4) No part of the activities of any Johnny Micheal Spann 
     Patriot Trust shall be used for distributing propaganda or 
     otherwise attempting to influence legislation.
       (5) No Johnny Micheal Spann Patriot Trust may participate 
     in or intervene in any political campaign on behalf of (or in 
     opposition to) any candidate for public office, including by 
     publication or distribution of statements.
       (6) Each Johnny Micheal Spann Patriot Trust shall comply 
     with the instructions and directions of the Director of 
     Central Intelligence, the Attorney General, the Secretary of 
     Homeland Security, or the Secretary of Defense relating to 
     the protection of intelligence sources and methods, sensitive 
     law enforcement information, or other sensitive national 
     security information, including methods for confidentially 
     disbursing funds.
       (7) Each Johnny Micheal Spann Patriot Trust that receives 
     annual contributions totaling more than $1,000,000 must be 
     audited annually by an independent certified public 
     accounting firm. Such audits shall be filed with the Internal 
     Revenue Service, and shall be open to public inspection, 
     except that the conduct, filing, and availability of the 
     audit shall be consistent with the protection of intelligence 
     sources and methods, of sensitive law enforcement 
     information, and of other sensitive national security 
     information.
       (8) Each Johnny Micheal Spann Patriot Trust shall make 
     distributions to beneficiaries described in paragraph (1) at 
     least once every calendar year, beginning not later than 12 
     months after the formation of such Trust, and all funds and 
     donations received and earnings not placed in a private 
     foundation dedicated to such beneficiaries must be 
     distributed within 36 months after the end of the fiscal year 
     in which such funds, donations, and earnings are received.
       (9)(A) When determining the amount of a distribution to any 
     beneficiary described in paragraph (1), a Johnny Micheal 
     Spann Patriot Trust should take into account the amount of 
     any collateral source compensation that the beneficiary has 
     received or is entitled to receive as a result of the death 
     of an individual described in subsection (c)(1).
       (B) Collateral source compensation includes all 
     compensation from collateral sources, including life 
     insurance, pension funds, death benefit programs, and 
     payments by Federal, State, or local governments related to 
     the death of an individual described in subsection (c)(1).
       (10) Each Johnny Micheal Spann Patriot Trust shall comply 
     with the applicable provisions of the Federal Election 
     Campaign Act of 1971 such that general solicitations of funds 
     by federal elected officials will comply with paragraph 
     (4)(A) of section 323(e) of the Federal Election Campaign Act 
     of 1971 (as added by section 101(a) of the Bipartisan 
     Campaign Reform Act of 2002, Public Law No. 107-155; 116 
     Stat. 81). Such Trust if such individual discloses the 
     general purpose of the solicitation.
       (d) Notification of Trust Beneficiaries.--Notwithstanding 
     any other provision of law, and in a manner consistent with 
     the protection of intelligence sources and methods, sensitive 
     law enforcement information, and other sensitive national 
     security information the Secretary of Defense, the Director 
     of the Federal Bureau of Investigation, the Secretary of 
     Homeland Security, or the Director of Central Intelligence, 
     or their designees, as applicable, may forward information 
     received from an executor, administrator, or other legal 
     representative of the estate of a decedent described in 
     subparagraph (A), (B), (C), (D), or (E) of subsection (c)(1), 
     to a Johnny Micheal Spann Patriot Trust on how to contact 
     individuals eligible for a distribution under subsection 
     (c)(1) for the purpose of providing assistance from such 
     Trust; provided that, neither forwarding nor failing to 
     forward any information under this subsection shall create 
     any cause of action against any Federal department, agency, 
     officer, agent, or employee.
       (e) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Defense, in 
     coordination with the Attorney General, the Director of the 
     Federal Bureau of Investigation, the Secretary of Homeland 
     Security, and the Director of Central Intelligence, shall 
     prescribe regulations to carry out this section.
                                 ______
                                 
  SA 4615. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which

[[Page 17125]]

was ordered to lie on the table; as follows:

       At the end of section 1105(a), add the following:
       ``(h) For the purposes of subsection (b)(2)(c) the `removal 
     function' shall include the establishment of the following 
     pilot program:
       ``(a) Establishment of Pilot Program.--The Commissioner of 
     Immigration and Naturalization shall establish a pilot 
     program of cooperation between inspectors of the Immigration 
     and Naturalization Service and State and local law 
     enforcement officials that uses video conferencing--
       ``(1) to evaluate the legal status of aliens in the custody 
     of State and local law enforcement; and
       ``(2) to initiate deportation proceedings under the 
     Immigration and Nationality Act where warranted.
       ``(b) Implementation.--The pilot program described in 
     subsection (a) shall include at least ten States. States 
     selected to participate should be those with the largest 
     number of violations of the Immigration and Nationality Act.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     for each of the fiscal years 2003 to 2007 to carry out this 
     section.''.
                                 ______
                                 
  SA 4616. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of section 1105(a), add the following:
       ``(g) For purposes of subsection (b)(2)(B) of this section, 
     the ``detention function'' shall include the following:
       ``(1) In General.--Whenever a State or local law 
     enforcement official detains an individual with reasonable 
     belief that the individual is removable from the United 
     States under section 237 and immediately notifies the Service 
     of such detention, the Commissioner shall, within 48 hours of 
     that notification--
       ``(A) inform the State or local law enforcement official in 
     writing that the individual is not unlawfully present in the 
     United States and does not pose a danger to the public; or
       ``(B) take physical custody of the individual from the 
     State or local law enforcement official.
       ``(2) Transportation.--If the Service fails to comply with 
     subsection (a) within 48 hours of notification, the 
     Commissioner shall--
       ``(A) accept custody of the individual at the nearest 
     regional office of the Service; and
       ``(B) promptly reimburse the State or local law enforcement 
     official for the cost of transporting the individual to the 
     regional office by public or private means.''.
       ``(3) Authorization of Appropriations.--
       ``(A) In general.--There is authorized to be appropriated 
     to the Secretary $1,000,000 for each of the fiscal years 2003 
     through 2007 to carry out section 236C of the Immigration and 
     Nationality Act, as added by subsection (a).
       ``(B) Availability of appropriations.--Amounts appropriated 
     pursuant to paragraph (1) are authorized to remain available 
     until expended.''

``Sec. 236C. Taking custody of aliens detained by State or local law 
              enforcement officials.''.
                                 ______
                                 
  SA 4617. Mr. JEFFORDS submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 68, strike lines 14 through page 69, line 7 and 
     insert the following:

     SEC. 134. FEDERAL EMERGENCY MANAGEMENT AGENCY.

       (a) Homeland Security Duties.--
       (1) In general.--The Federal Emergency Management Agency 
     shall be responsible for the emergency preparedness and 
     response functions of the Department.
       (2) Function.--Except as provided in paragraph (3) and 
     subsections (b) through (e), nothing in this Act affects the 
     administration or administrative jurisdiction of the Federal 
     Emergency Management Agency as in existence on the day before 
     the date of enactment of this Act.
       (3) Director.--In carrying out responsibilities of the 
     Federal Emergency Management Agency under all applicable law, 
     the Director of the Federal Emergency Management Agency shall 
     report--
       (A) to the President directly, with respect to all matters 
     relating to a major disaster declaration under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.); and
       (B) to the Secretary, with respect to all other matters.
       (b) Specific Responsibilities.--The Director of the Federal 
     Emergency Management Agency shall be responsible for the 
     following:
       (1) Carrying out all emergency preparedness and response 
     activities of the Department.
                                 ______
                                 
  SA 4618. Mr. JEFFORDS (for himself and Mrs. Boxer) submitted an 
amendment intended to be proposed to amendment SA 4471 proposed by Mr. 
Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 11, line 8, strike ``terrorism, natural 
     disasters,'' and insert ``terrorism''.
       On page 11, strike lines 6 through 13 and insert the 
     following:
     homeland threats within the United States; and
       (C) reduce the vulnerability of the United States to 
     terrorism and other homeland threats.
       On page 12, line 23, strike ``emergency preparedness and 
     response,''.
       On page 13, strike lines 3 through 5 and insert the 
     following:
     transportation security and critical infrastructure 
     protection.
       On page 15, line 14, insert ``and the Director of the 
     Federal Emergency Management Agency'' after ``Defense''.
       On page 16, strike lines 13 through 16.
       On page 16, line 17, strike ``(15)'' and insert ``(14)''.
       On page 16, line 20, strike ``(16)'' and insert ``(15)''.
       On page 16, line 24, strike ``(17)'' and insert ``(16)''.
       On page 17, line 4, strike ``(18)'' and insert ``(17)''.
       On page 17, line 8, strike ``(19)'' and insert ``(18)''.
       Beginning on page 68, strike line 14 and all that follows 
     through page 75, line 3.
       On page 75, line 3, strike ``135'' and insert 134''.
       On page 103, line 13, strike ``136'' and insert 135''.
       On page 103, line 17, strike ``137'' and insert 136''.
       On page 109, line 10, strike ``of the Department''.
       On page 112, line 5, strike ``138'' and insert 137''.
       On page 112, line 10, strike ``139'' and insert 138''.
       On page 112, between lines 4 and 5, insert the following:
       (f) Coordination With Federal Emergency Management 
     Agency.--
       (1) In general.--In carrying out all responsibilities of 
     the Secretary under this section, the Secretary shall 
     coordinate with the Director of the Federal Emergency 
     Management Agency.
       (2) Conforming amendment.--Section 102(2) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122(2)) is amended by inserting ``incident of 
     terrorism,'' after ``drought),''.
       On page 114, line 6, strike ``140'' and insert 139''.
       On page 114, strike lines 13 and 14.
       On page 115, line 3, strike ``in the Department'' and 
     insert ``within the Federal Emergency Management Agency''.
       On page 116, line 21, strike ``Department'' and insert 
     ``Federal Emergency Management Agency''.
       Beginning on page 128, strike line 22 and all that follows 
     through page 129, line 5, and insert the following:
       (a) In General.--Full disclosure among relevant agencies 
     shall be made in accordance with this section.
       (b) Public Health Emergency.--During the
       On page 129, strike lines 15 and 16 and insert the 
     following:
       (c) Potential Public Health Emergency.--In cases involving, 
     or potentially involving,
       On page 186, line 25, and page 187, line 1, strike 
     ``emergency preparation and response,''.
       On page 187, insert ``emergency preparedness and 
     response,'' after ``assets,''.
       Beginning on page 161, strike line 19 and all that follows 
     through page 162, line 2, and insert the following:
       (b) Biennial Report.--Not later than 2 years after the date 
     of enactment of this Act, and biennially thereafter, the 
     Secretary shall submit to Congress a report assessing the 
     resources and requirements of executive agencies relating to 
     border security.
                                 ______
                                 
  SA 4619. Mr. JEFFORDS (for himself and Mr. Smith of New Hamsphire, 
and Ms. Snowe) submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

           Subtitle G--First Responder Terrorism Preparedness

     SEC. 199A. SHORT TITLE.

       This subtitle may be cited as the ``First Responder 
     Terrorism Preparedness Act of 2002''.

[[Page 17126]]



     SEC. 199B. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Federal Government must enhance the ability of 
     first responders to respond to incidents of terrorism, 
     including incidents involving weapons of mass destruction; 
     and
       (2) as a result of the events of September 11, 2001, it is 
     necessary to clarify and consolidate the authority of the 
     Federal Emergency Management Agency to support first 
     responders.
       (b) Purposes.--The purposes of this subtitle are--
       (1) to establish within the Federal Emergency Management 
     Agency the Office of National Preparedness;
       (2) to establish a program to provide assistance to enhance 
     the ability of first responders to respond to incidents of 
     terrorism, including incidents involving weapons of mass 
     destruction; and
       (3) to address issues relating to urban search and rescue 
     task forces.

     SEC. 199C. DEFINITIONS.

       (a) Major Disaster.--Section 102(2) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122(2)) is amended by inserting ``incident of 
     terrorism,'' after ``drought),''.
       (b) Weapon of Mass Destruction.--Section 602(a) of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5196(a)) is amended by adding at the end the 
     following:
       ``(11) Weapon of mass destruction.--The term `weapon of 
     mass destruction' has the meaning given the term in section 
     2302 of title 50, United States Code.''.

     SEC. 199D. ESTABLISHMENT OF OFFICE OF NATIONAL PREPAREDNESS.

       Subtitle A of title VI of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 616. OFFICE OF NATIONAL PREPAREDNESS.

       ``(a) In General.--There is established in the Federal 
     Emergency Management Agency an office to be known as the 
     `Office of National Preparedness' (referred to in this 
     section as the `Office').
       ``(b) Appointment of Associate Director.--
       ``(1) In general.--The Office shall be headed by an 
     Associate Director, who shall be appointed by the President, 
     by and with the advice and consent of the Senate.
       ``(2) Compensation.--The Associate Director shall be 
     compensated at the annual rate of basic pay prescribed for 
     level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code.
       ``(c) Duties.--The Office shall--
       ``(1) lead a coordinated and integrated overall effort to 
     build, exercise, and ensure viable terrorism preparedness and 
     response capability at all levels of government;
       ``(2) establish clearly defined standards and guidelines 
     for Federal, State, tribal, and local government terrorism 
     preparedness and response;
       ``(3) establish and coordinate an integrated capability for 
     Federal, State, tribal, and local governments and emergency 
     responders to plan for and address potential consequences of 
     terrorism;
       ``(4) coordinate provision of Federal terrorism 
     preparedness assistance to State, tribal, and local 
     governments;
       ``(5) establish standards for a national, interoperable 
     emergency communications and warning system;
       ``(6) establish standards for training of first responders 
     (as defined in section 630(a)), and for equipment to be used 
     by first responders, to respond to incidents of terrorism, 
     including incidents involving weapons of mass destruction; 
     and
       ``(7) carry out such other related activities as are 
     approved by the Director.
       ``(d) Designation of Regional Contacts.--The Associate 
     Director shall designate an officer or employee of the 
     Federal Emergency Management Agency in each of the 10 regions 
     of the Agency to serve as the Office contact for the States 
     in that region.
       ``(e) Use of Existing Resources.--In carrying out this 
     section, the Associate Director shall--
       ``(1) to the maximum extent practicable, use existing 
     resources, including planning documents, equipment lists, and 
     program inventories; and
       ``(2) consult with and use--
       ``(A) existing Federal interagency boards and committees;
       ``(B) existing government agencies; and
       ``(C) nongovernmental organizations.''.

     SEC. 199E. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

       (a) In General.--Subtitle B of title VI of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5197 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 630. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

       ``(a) Definitions.--In this section:
       ``(1) First responder.--The term `first responder' means--
       ``(A) fire, emergency medical service, and law enforcement 
     personnel; and
       ``(B) such other personnel as are identified by the 
     Director.
       ``(2) Local entity.--The term `local entity' has the 
     meaning given the term by regulation promulgated by the 
     Director.
       ``(3) Program.--The term `program' means the program 
     established under subsection (b).
       ``(b) Program To Provide Assistance.--
       ``(1) In general.--The Director shall establish a program 
     to provide assistance to States to enhance the ability of 
     State and local first responders to respond to incidents of 
     terrorism, including incidents involving weapons of mass 
     destruction.
       ``(2) Federal share.--The Federal share of the costs 
     eligible to be paid using assistance provided under the 
     program shall be not less than 75 percent, as determined by 
     the Director.
       ``(3) Forms of assistance.--Assistance provided under 
     paragraph (1) may consist of--
       ``(A) grants; and
       ``(B) such other forms of assistance as the Director 
     determines to be appropriate.
       ``(c) Uses of Assistance.--Assistance provided under 
     subsection (b)--
       ``(1) shall be used--
       ``(A) to purchase, to the maximum extent practicable, 
     interoperable equipment that is necessary to respond to 
     incidents of terrorism, including incidents involving weapons 
     of mass destruction;
       ``(B) to train first responders, consistent with guidelines 
     and standards developed by the Director;
       ``(C) in consultation with the Director, to develop, 
     construct, or upgrade terrorism preparedness training 
     facilities;
       ``(D) to develop, construct, or upgrade emergency operating 
     centers;
       ``(E) to develop preparedness and response plans consistent 
     with Federal, State, and local strategies, as determined by 
     the Director;
       ``(F) to provide systems and equipment to meet 
     communication needs, such as emergency notification systems, 
     interoperable equipment, and secure communication equipment;
       ``(G) to conduct exercises; and
       ``(H) to carry out such other related activities as are 
     approved by the Director; and
       ``(2) shall not be used to provide compensation to first 
     responders (including payment for overtime).
       ``(d) Allocation of Funds.--For each fiscal year, in 
     providing assistance under subsection (b), the Director shall 
     make available--
       ``(1) to each of the District of Columbia, Puerto Rico, the 
     Virgin Islands, Guam, American Samoa, and the Commonwealth of 
     the Northern Mariana Islands, $3,000,000; and
       ``(2) to each State (other than a State specified in 
     paragraph (1))--
       ``(A) a base amount of $15,000,000; and
       ``(B) a percentage of the total remaining funds made 
     available for the fiscal year based on criteria established 
     by the Director, such as--
       ``(i) population;
       ``(ii) location of vital infrastructure, including--

       ``(I) military installations;
       ``(II) public buildings (as defined in section 13 of the 
     Public Buildings Act of 1959 (40 U.S.C. 612));
       ``(III) nuclear power plants;
       ``(IV) chemical plants; and
       ``(V) national landmarks; and

       ``(iii) proximity to international borders.
       ``(e) Provision of Funds to Local Governments and Local 
     Entities.--
       ``(1) In general.--For each fiscal year, not less than 75 
     percent of the assistance provided to each State under this 
     section shall be provided to local governments and local 
     entities within the State.
       ``(2) Allocation of funds.--Under paragraph (1), a State 
     shall allocate assistance to local governments and local 
     entities within the State in accordance with criteria 
     established by the Director, such as the criteria specified 
     in subsection (d)(2)(B).
       ``(3) Deadline for provision of funds.--Under paragraph 
     (1), a State shall provide all assistance to local government 
     and local entities not later than 45 days after the date on 
     which the State receives the assistance.
       ``(4) Coordination.--Each State shall coordinate with local 
     governments and local entities concerning the use of 
     assistance provided to local governments and local entities 
     under paragraph (1).
       ``(f) Administrative Expenses.--
       ``(1) Director.--For each fiscal year, the Director may use 
     to pay salaries and other administrative expenses incurred in 
     administering the program not more than the lesser of--
       ``(A) 5 percent of the funds made available to carry out 
     this section for the fiscal year; or
       ``(B)(i) for fiscal year 2003, $75,000,000; and
       ``(ii) for each of fiscal years 2004 through 2006, 
     $50,000,000.
       ``(2) Recipients of assistance.--For each fiscal year, not 
     more than 10 percent of the funds retained by a State after 
     application of subsection (e) may be used to pay salaries and 
     other administrative expenses incurred in administering the 
     program.
       ``(g) Maintenance of Expenditures.--The Director may 
     provide assistance to a State under this section only if the 
     State agrees to maintain, and to ensure that each local 
     government that receives funds from the State in accordance 
     with subsection (e) maintains, for the fiscal year for which 
     the assistance is provided, the aggregate expenditures by the

[[Page 17127]]

     State or the local government, respectively, for the uses 
     described in subsection (c)(1) at a level that is at or above 
     the average annual level of those expenditures by the State 
     or local government, respectively, for the 2 fiscal years 
     preceding the fiscal year for which the assistance is 
     provided.
       ``(h) Reports.--
       ``(1) Annual report to the director.--As a condition of 
     receipt of assistance under this section for a fiscal year, a 
     State shall submit to the Director, not later than 60 days 
     after the end of the fiscal year, a report on the use of the 
     assistance in the fiscal year.
       ``(2) Exercise and report to congress.--As a condition of 
     receipt of assistance under this section, not later than 3 
     years after the date of enactment of this section, a State 
     shall--
       ``(A) conduct an exercise, or participate in a regional 
     exercise, approved by the Director, to measure the progress 
     of the State in enhancing the ability of State and local 
     first responders to respond to incidents of terrorism, 
     including incidents involving weapons of mass destruction; 
     and
       ``(B) submit a report on the results of the exercise to--
       ``(i) the Committee on Environment and Public Works and the 
     Committee on Appropriations of the Senate; and
       ``(ii) the Committee on Transportation and Infrastructure 
     and the Committee on Appropriations of the House of 
     Representatives.
       ``(i) Coordination.--
       ``(1) With federal agencies.--The Director shall, as 
     necessary, coordinate the provision of assistance under this 
     section with activities carried out by--
       ``(A) the Administrator of the United States Fire 
     Administration in connection with the implementation by the 
     Administrator of the assistance to firefighters grant program 
     established under section 33 of the Federal Fire Prevention 
     and Control Act of 1974 (15 U.S.C. 2229) (as added by section 
     1701(a) of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (114 Stat. 1654, 1654A-360));
       ``(B) the Attorney General, in connection with the 
     implementation of the Community Oriented Policing Services 
     (COPS) Program established under section 1701(a) of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd(a)); and
       ``(C) other appropriate Federal agencies.
       ``(2) With indian tribes.--In providing and using 
     assistance under this section, the Director and the States 
     shall, as appropriate, coordinate with--
       ``(A) Indian tribes (as defined in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b)) and other tribal organizations; and
       ``(B) Native villages (as defined in section 3 of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1602)) and 
     other Alaska Native organizations.''.
       (b) Cost Sharing for Emergency Operating Centers.--Section 
     614 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5196c) is amended--
       (1) by inserting ``(other than section 630)'' after ``carry 
     out this title''; and
       (2) by inserting ``(other than section 630)'' after ``under 
     this title''.

     SEC. 199F. PROTECTION OF HEALTH AND SAFETY OF FIRST 
                   RESPONDERS.

       Subtitle B of title VI of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) 
     (as amended by section 199E(a)) is amended by adding at the 
     end the following:

     ``SEC. 631. PROTECTION OF HEALTH AND SAFETY OF FIRST 
                   RESPONDERS.

       ``(a) Definitions.--In this section:
       ``(1) First responder.--The term `first responder' has the 
     meaning given the term in section 630(a).
       ``(2) Harmful substance.--The term `harmful substance' 
     means a substance that the President determines may be 
     harmful to human health.
       ``(3) Program.--The term `program' means a program 
     described in subsection (b)(1).
       ``(b) Program.--
       ``(1) In general.--If the President determines that 1 or 
     more harmful substances are being, or have been, released in 
     an area that the President has declared to be a major 
     disaster area under this Act, the President shall carry out a 
     program with respect to the area for the protection, 
     assessment, monitoring, and study of the health and safety of 
     first responders.
       ``(2) Activities.--A program shall include--
       ``(A) collection and analysis of environmental and exposure 
     data;
       ``(B) development and dissemination of educational 
     materials;
       ``(C) provision of information on releases of a harmful 
     substance;
       ``(D) identification of, performance of baseline health 
     assessments on, taking biological samples from, and 
     establishment of an exposure registry of first responders 
     exposed to a harmful substance;
       ``(E) study of the long-term health impacts of any 
     exposures of first responders to a harmful substance through 
     epidemiological studies; and
       ``(F) provision of assistance to participants in registries 
     and studies under subparagraphs (D) and (E) in determining 
     eligibility for health coverage and identifying appropriate 
     health services.
       ``(3) Participation in registries and studies.--
       ``(A) In general.--Participation in any registry or study 
     under subparagraph (D) or (E) of paragraph (2) shall be 
     voluntary.
       ``(B) Protection of privacy.--The President shall take 
     appropriate measures to protect the privacy of any 
     participant in a registry or study described in subparagraph 
     (A).
       ``(4) Cooperative agreements.--The President may carry out 
     a program through a cooperative agreement with a medical or 
     academic institution, or a consortium of such institutions, 
     that is--
       ``(A) located in close proximity to the major disaster area 
     with respect to which the program is carried out; and
       ``(B) experienced in the area of environmental or 
     occupational health and safety, including experience in--
       ``(i) conducting long-term epidemiological studies;
       ``(ii) conducting long-term mental health studies; and
       ``(iii) establishing and maintaining environmental exposure 
     or disease registries.
       ``(c) Reports and Responses to Studies.--
       ``(1) Reports.--Not later than 1 year after the date of 
     completion of a study under subsection (b)(2)(E), the 
     President, or the medical or academic institution or 
     consortium of such institutions that entered into the 
     cooperative agreement under subsection (b)(4), shall submit 
     to the Director, the Secretary of Health and Human Services, 
     the Secretary of Labor, and the Administrator of the 
     Environmental Protection Agency a report on the study.
       ``(2) Changes in procedures.--To protect the health and 
     safety of first responders, the President shall make such 
     changes in procedures as the President determines to be 
     necessary based on the findings of a report submitted under 
     paragraph (1).''.

     SEC. 199G. URBAN SEARCH AND RESCUE TASK FORCES.

       Subtitle B of title VI of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) 
     (as amended by section 199F) is amended by adding at the end 
     the following:

     ``SEC. 632. URBAN SEARCH AND RESCUE TASK FORCES.

       ``(a) Definitions.--In this section:
       ``(1) Urban search and rescue equipment.--The term `urban 
     search and rescue equipment' means any equipment that the 
     Director determines to be necessary to respond to a major 
     disaster or emergency declared by the President under this 
     Act.
       ``(2) Urban search and rescue task force.--The term `urban 
     search and rescue task force' means any of the 28 urban 
     search and rescue task forces designated by the Director as 
     of the date of enactment of this section.
       ``(b) Assistance.--
       ``(1) Mandatory grants for costs of operations.--For each 
     fiscal year, of the amounts made available to carry out this 
     section, the Director shall provide to each urban search and 
     rescue task force a grant of not less than $1,500,000 to pay 
     the costs of operations of the urban search and rescue task 
     force (including costs of basic urban search and rescue 
     equipment).
       ``(2) Discretionary grants.--The Director may provide to 
     any urban search and rescue task force a grant, in such 
     amount as the Director determines to be appropriate, to pay 
     the costs of--
       ``(A) operations in excess of the funds provided under 
     paragraph (1);
       ``(B) urban search and rescue equipment;
       ``(C) equipment necessary for an urban search and rescue 
     task force to operate in an environment contaminated or 
     otherwise affected by a weapon of mass destruction;
       ``(D) training, including training for operating in an 
     environment described in subparagraph (C);
       ``(E) transportation;
       ``(F) expansion of the urban search and rescue task force; 
     and
       ``(G) incident support teams, including costs of conducting 
     appropriate evaluations of the readiness of the urban search 
     and rescue task force.
       ``(3) Priority for funding.--The Director shall distribute 
     funding under this subsection so as to ensure that each urban 
     search and rescue task force has the capacity to deploy 
     simultaneously at least 2 teams with all necessary equipment, 
     training, and transportation.
       ``(c) Grant Requirements.--The Director shall establish 
     such requirements as are necessary to provide grants under 
     this section.
       ``(d) Establishment of Additional Urban Search and Rescue 
     Task Forces.--
       ``(1) In general.--Subject to paragraph (2), the Director 
     may establish urban search and rescue task forces in addition 
     to the 28 urban search and rescue task forces in existence on 
     the date of enactment of this section.
       ``(2) Requirement of full funding of existing urban search 
     and rescue task forces.--Except in the case of an urban 
     search and rescue task force designated to replace any urban 
     search and rescue task force that withdraws or is otherwise 
     no longer considered to be an urban search and rescue task 
     force designated by the Director, no additional urban search 
     and rescue task forces may be designated or funded until the 
     28 urban search and rescue task forces are

[[Page 17128]]

     able to deploy simultaneously at least 2 teams with all 
     necessary equipment, training, and transportation.''.

     SEC. 199H. AUTHORIZATION OF APPROPRIATIONS.

       Section 626 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5197e) is amended by 
     striking subsection (a) and inserting the following:
       ``(a) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     such sums as are necessary to carry out this title (other 
     than sections 630 and 632).
       ``(2) Preparedness assistance for first responders.--There 
     are authorized to be appropriated to carry out section 630--
       ``(A) $3,340,000,000 for fiscal year 2003; and
       ``(B) $3,458,000,000 for each of fiscal years 2004 through 
     2006.
       ``(3) Urban search and rescue task forces.--
       ``(A) In general.--There are authorized to be appropriated 
     to carry out section 632--
       ``(i) $160,000,000 for fiscal year 2003; and
       ``(ii) $42,000,000 for each of fiscal years 2004 through 
     2006.
       ``(B) Availability of amounts.--Amounts made available 
     under subparagraph (A) shall remain available until 
     expended.''.
                                 ______
                                 
  SA 4620. Mr. LEAHY (for himself and Mr. Hatch) submitted an amendment 
intended to be proposed to amendment SA 4471 proposed by Mr. Lieberman 
to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 211, strike lines 10 and 11 and insert the 
     following:

         TITLE VI--LAW ENFORCEMENT OFFICERS SAFETY ACT OF 2002

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Law Enforcement Officers 
     Safety Act of 2002''.

     SEC. 602. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS 
                   FROM STATE LAWS PROHIBITING THE CARRYING OF 
                   CONCEALED FIREARMS.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended by inserting after section 926A the 
     following:

     ``Sec. 926B. Carrying of concealed firearms by qualified law 
       enforcement officers

       ``(a) Notwithstanding any other provision of the law of any 
     State or any political subdivision thereof, an individual who 
     is a qualified law enforcement officer and who is carrying 
     the identification required by subsection (d) may carry a 
     concealed firearm that has been shipped or transported in 
     interstate or foreign commerce, subject to subsection (b).
       ``(b) This section shall not be construed to supersede or 
     limit the laws of any State that--
       ``(1) permit private persons or entities to prohibit or 
     restrict the possession of concealed firearms on their 
     property; or
       ``(2) prohibit or restrict the possession of firearms on 
     any State or local government property, installation, 
     building, base, or park.
       ``(c) As used in this section, the term `qualified law 
     enforcement officer' means an employee of a governmental 
     agency who--
       ``(1) is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers of arrest;
       ``(2) is authorized by the agency to carry a firearm;
       ``(3) is not the subject of any disciplinary action by the 
     agency; and
       ``(4) meets standards, if any, established by the agency 
     which require the employee to regularly qualify in the use of 
     a firearm.
       ``(d) The identification required by this subsection is the 
     photographic identification issued by the governmental agency 
     for which the individual is, or was, employed as a law 
     enforcement officer.''.
       (b) Clerical Amendment.--The table of sections for such 
     chapter is amended by inserting after the item relating to 
     section 926A the following:

``926B. Carrying of concealed firearms by qualified law enforcement 
              officers.''.

     SEC. 603. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT 
                   OFFICERS FROM STATE LAWS PROHIBITING THE 
                   CARRYING OF CONCEALED FIREARMS.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is further amended by inserting after section 926B the 
     following:

     ``Sec. 926C. Carrying of concealed firearms by qualified 
       retired law enforcement officers

       ``(a) Notwithstanding any other provision of the law of any 
     State or any political subdivision thereof, an individual who 
     is a qualified retired law enforcement officer and who is 
     carrying the identification required by subsection (d) may 
     carry a concealed firearm that has been shipped or 
     transported in interstate or foreign commerce, subject to 
     subsection (b).
       ``(b) This section shall not be construed to supersede or 
     limit the laws of any State that--
       ``(1) permit private persons or entities to prohibit or 
     restrict the possession of concealed firearms on their 
     property; or
       ``(2) prohibit or restrict the possession of firearms on 
     any State or local government property, installation, 
     building, base, or park.
       ``(c) As used in this section, the term `qualified retired 
     law enforcement officer' means an individual who--
       ``(1) retired in good standing from service with a public 
     agency as a law enforcement officer, other than for reasons 
     of mental instability;
       ``(2) before such retirement, was authorized by law to 
     engage in or supervise the prevention, detection, 
     investigation, or prosecution of, or the incarceration of any 
     person for, any violation of law, and had statutory powers of 
     arrest;
       ``(3)(A) before such retirement, was regularly employed as 
     a law enforcement officer for an aggregate of 5 years or 
     more; or
       ``(B) retired from service with such agency, after 
     completing any applicable probationary period of such 
     service, due to a service-connected disability, as determined 
     by such agency;
       ``(4) has a nonforfeitable right to benefits under the 
     retirement plan of the agency;
       ``(5) during the most recent 12-month period, has met, at 
     the expense of the individual, the State's standards for 
     training or qualification to carry firearms; and
       ``(6) is not prohibited by Federal law from receiving a 
     firearm.
       ``(d) The identification required by this subsection is 
     photographic identification issued by the agency for which 
     the individual was employed as a law enforcement officer.''.
       (b) Clerical Amendment.--The table of sections for such 
     chapter is further amended by inserting after the item 
     relating to section 926B the following:

``926C. Carrying of concealed firearms by qualified retired law 
              enforcement officers.''.
                                 ______
                                 
  SA 4621. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill (H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONGRESSIONAL APPROVAL REQUIREMENT FOR TIPS.

       Any and all activities of the Federal Government to 
     implement the proposed component program of the Citizens 
     Corps known as Operation TIPS (Terrorism Information and 
     Prevention System) are hereby prohibited, unless expressly 
     authorized by statute.
                                 ______
                                 
  SA 4622. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of subtitle D of title I, add the following:

     SEC. 173. ASSESSMENT OF TRANSFER OF JURISDICTION OF NATIONAL 
                   SECURITY EDUCATION PROGRAM TO DEPARTMENT OF 
                   HOMELAND SECURITY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense and Secretary of Homeland 
     Security shall jointly submit to Congress a report assessing 
     the feasibility and advisability of transferring jurisdiction 
     of the National Security Education Program under the David L. 
     Boren National Security Education Act of 1991 (title VIII of 
     Public Law 102-183; 50 U.S.C. 1901 et seq.) from the 
     Department of Defense to the Department of Homeland Security. 
     The report shall address whether or not the transfer will 
     contribute significantly to meeting the purposes of the 
     National Security Education Program under section 801(c) of 
     that Act (50 U.S.C. 1901(c)).
                                 ______
                                 
  SA 4623. Mr. LIEBERMAN (for himself, Mr. Thompson, and Mr. Burns) 
submitted an amendment intended to be proposed to amendment SA 4471 
proposed by Mr. Lieberman to the bill H.R. 5005, to establish the 
Department of Homeland Security, and for other purposes; as follows:

       At the end, insert the following:

                  DIVISION D--E-GOVERNMENT ACT OF 2002

     SEC. 3001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the ``E-
     Government Act of 2002''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 3001. Short title; table of contents.
Sec. 3002. Findings and purposes.

   TITLE XXXI--OFFICE OF MANAGEMENT AND BUDGET ELECTRONIC GOVERNMENT 
                                SERVICES

Sec. 3101. Management and promotion of electronic Government services.
Sec. 3102. Conforming amendments.

TITLE XXXII--FEDERAL MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT 
                                SERVICES

Sec. 3201. Definitions.

[[Page 17129]]

Sec. 3202. Federal agency responsibilities.
Sec. 3203. Compatibility of Executive agency methods for use and 
              acceptance of electronic signatures.
Sec. 3204. Federal Internet portal.
Sec. 3205. Federal courts.
Sec. 3206. Regulatory agencies.
Sec. 3207. Accessibility, usability, and preservation of Government 
              information.
Sec. 3208. Privacy provisions.
Sec. 3209. Federal Information Technology workforce development.
Sec. 3210. Common protocols for geographic information systems.
Sec. 3211. Share-in-savings program improvements.
Sec. 3212. Integrated reporting study and pilot projects.
Sec. 3213. Community technology centers.
Sec. 3214. Enhancing crisis management through advanced information 
              technology.
Sec. 3215. Disparities in access to the Internet.
Sec. 3216. Notification of obsolete or counterproductive provisions.

             TITLE XXXIII--GOVERNMENT INFORMATION SECURITY

Sec. 3301. Information security.

    TITLE XXXIV--AUTHORIZATION OF APPROPRIATIONS AND EFFECTIVE DATES

Sec. 3401. Authorization of appropriations.
Sec. 3402. Effective dates.

     SEC. 3002. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The use of computers and the Internet is rapidly 
     transforming societal interactions and the relationships 
     among citizens, private businesses, and the Government.
       (2) The Federal Government has had uneven success in 
     applying advances in information technology to enhance 
     governmental functions and services, achieve more efficient 
     performance, increase access to Government information, and 
     increase citizen participation in Government.
       (3) Most Internet-based services of the Federal Government 
     are developed and presented separately, according to the 
     jurisdictional boundaries of an individual department or 
     agency, rather than being integrated cooperatively according 
     to function or topic.
       (4) Internet-based Government services involving 
     interagency cooperation are especially difficult to develop 
     and promote, in part because of a lack of sufficient funding 
     mechanisms to support such interagency cooperation.
       (5) Electronic Government has its impact through improved 
     Government performance and outcomes within and across 
     agencies.
       (6) Electronic Government is a critical element in the 
     management of Government, to be implemented as part of a 
     management framework that also addresses finance, 
     procurement, human capital, and other challenges to improve 
     the performance of Government.
       (7) To take full advantage of the improved Government 
     performance that can be achieved through the use of Internet-
     based technology requires strong leadership, better 
     organization, improved interagency collaboration, and more 
     focused oversight of agency compliance with statutes related 
     to information resource management.
       (b) Purposes.--The purposes of this division are the 
     following:
       (1) To provide effective leadership of Federal Government 
     efforts to develop and promote electronic Government services 
     and processes by establishing an Administrator of a new 
     Office of Electronic Government within the Office of 
     Management and Budget.
       (2) To promote use of the Internet and other information 
     technologies to provide increased opportunities for citizen 
     participation in Government.
       (3) To promote interagency collaboration in providing 
     electronic Government services, where this collaboration 
     would improve the service to citizens by integrating related 
     functions, and in the use of internal electronic Government 
     processes, where this collaboration would improve the 
     efficiency and effectiveness of the processes.
       (4) To improve the ability of the Government to achieve 
     agency missions and program performance goals.
       (5) To promote the use of the Internet and emerging 
     technologies within and across Government agencies to provide 
     citizen-centric Government information and services.
       (6) To reduce costs and burdens for businesses and other 
     Government entities.
       (7) To promote better informed decisionmaking by policy 
     makers.
       (8) To promote access to high quality Government 
     information and services across multiple channels.
       (9) To make the Federal Government more transparent and 
     accountable.
       (10) To transform agency operations by utilizing, where 
     appropriate, best practices from public and private sector 
     organizations.
       (11) To provide enhanced access to Government information 
     and services in a manner consistent with laws regarding 
     protection of personal privacy, national security, records 
     retention, access for persons with disabilities, and other 
     relevant laws.

   TITLE XXXI--OFFICE OF MANAGEMENT AND BUDGET ELECTRONIC GOVERNMENT 
                                SERVICES

     SEC. 3101. MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT 
                   SERVICES.

       (a) In General.--Title 44, United States Code, is amended 
     by inserting after chapter 35 the following:

    ``CHAPTER 36--MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT 
                                SERVICES

``Sec.
``3601. Definitions.
``3602. Office of Electronic Government.
``3603. Chief Information Officers Council.
``3604. E-Government Fund.
``3605. E-Government report.

     ``Sec. 3601. Definitions

       ``In this chapter, the definitions under section 3502 shall 
     apply, and the term--
       ``(1) `Administrator' means the Administrator of the Office 
     of Electronic Government established under section 3602;
       ``(2) `Council' means the Chief Information Officers 
     Council established under section 3603;
       ``(3) `electronic Government' means the use by the 
     Government of web-based Internet applications and other 
     information technologies, combined with processes that 
     implement these technologies, to--
       ``(A) enhance the access to and delivery of Government 
     information and services to the public, other agencies, and 
     other Government entities; or
       ``(B) bring about improvements in Government operations 
     that may include effectiveness, efficiency, service quality, 
     or transformation;
       ``(4) `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;
       ``(5) `Fund' means the E-Government Fund established under 
     section 3604;
       ``(6) `interoperability' means the ability of different 
     operating and software systems, applications, and services to 
     communicate and exchange data in an accurate, effective, and 
     consistent manner;
       ``(7) `integrated service delivery' means the provision of 
     Internet-based Federal Government information or services 
     integrated according to function or topic rather than 
     separated according to the boundaries of agency jurisdiction; 
     and
       ``(8) `tribal government' means the governing body of any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaska Native village or regional or 
     village corporation as defined in or established pursuant to 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.), which is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.

     ``Sec. 3602. Office of Electronic Government

       ``(a) There is established in the Office of Management and 
     Budget an Office of Electronic Government.
       ``(b) There shall be at the head of the Office an 
     Administrator who shall be appointed by the President, by and 
     with the advice and consent of the Senate.
       ``(c) The Administrator shall assist the Director in 
     carrying out--
       ``(1) all functions under this chapter;
       ``(2) all of the functions assigned to the Director under 
     title XXXII of the E-Government Act of 2002; and
       ``(3) other electronic government initiatives, consistent 
     with other statutes.
       ``(d) The Administrator shall assist the Director and the 
     Deputy Director for Management and work with the 
     Administrator of the Office of Information and Regulatory 
     Affairs in setting strategic direction for implementing 
     electronic Government, under relevant statutes, including--
       ``(1) chapter 35;
       ``(2) division E of the Clinger-Cohen Act of 1996 (division 
     E of Public Law 104-106; 40 U.S.C. 1401 et seq.);
       ``(3) section 552a of title 5 (commonly referred to as the 
     Privacy Act);
       ``(4) the Government Paperwork Elimination Act (44 U.S.C. 
     3504 note);
       ``(5) the Government Information Security Reform Act; and
       ``(6) the Computer Security Act of 1987 (40 U.S.C. 759 
     note).
       ``(e) The Administrator shall work with the Administrator 
     of the Office of Information and Regulatory Affairs and with 
     other offices within the Office of Management and Budget to 
     oversee implementation of electronic Government under this 
     chapter, chapter 35, the E-Government Act of 2002, and other 
     relevant statutes, in a manner consistent with law, relating 
     to--
       ``(1) capital planning and investment control for 
     information technology;

[[Page 17130]]

       ``(2) the development of enterprise architectures;
       ``(3) information security;
       ``(4) privacy;
       ``(5) access to, dissemination of, and preservation of 
     Government information;
       ``(6) accessibility of information technology for persons 
     with disabilities; and
       ``(7) other areas of electronic Government.
       ``(f) Subject to requirements of this chapter, the 
     Administrator shall assist the Director by performing 
     electronic Government functions as follows:
       ``(1) Advise the Director on the resources required to 
     develop and effectively operate and maintain Federal 
     Government information systems.
       ``(2) Recommend to the Director changes relating to 
     Governmentwide strategies and priorities for electronic 
     Government.
       ``(3) Provide overall leadership and direction to the 
     executive branch on electronic Government by working with 
     authorized officials to establish information resources 
     management policies and requirements, and by reviewing 
     performance of each agency in acquiring, using, and managing 
     information resources.
       ``(4) Promote innovative uses of information technology by 
     agencies, particularly initiatives involving multiagency 
     collaboration, through support of pilot projects, research, 
     experimentation, and the use of innovative technologies.
       ``(5) Oversee the distribution of funds from, and ensure 
     appropriate administration and coordination of, the E-
     Government Fund established under section 3604.
       ``(6) Coordinate with the Administrator of General Services 
     regarding programs undertaken by the General Services 
     Administration to promote electronic government and the 
     efficient use of information technologies by agencies.
       ``(7) Lead the activities of the Chief Information Officers 
     Council established under section 3603 on behalf of the 
     Deputy Director for Management, who shall chair the council.
       ``(8) Assist the Director in establishing policies which 
     shall set the framework for information technology standards 
     for the Federal Government under section 5131 of the Clinger-
     Cohen Act of 1996 (40 U.S.C. 1441), to be developed by the 
     National Institute of Standards and Technology and 
     promulgated by the Secretary of Commerce, taking into 
     account, if appropriate, recommendations of the Chief 
     Information Officers Council, experts, and interested parties 
     from the private and nonprofit sectors and State, local, and 
     tribal governments, and maximizing the use of commercial 
     standards as appropriate, as follows:
       ``(A) Standards and guidelines for interconnectivity and 
     interoperability as described under section 3504.
       ``(B) Consistent with the process under section 3207(d) of 
     the E-Government Act of 2002, standards and guidelines for 
     categorizing Federal Government electronic information to 
     enable efficient use of technologies, such as through the use 
     of extensible markup language.
       ``(C) Standards and guidelines for Federal Government 
     computer system efficiency and security.
       ``(9) Sponsor ongoing dialogue that--
       ``(A) shall be conducted among Federal, State, local, and 
     tribal government leaders on electronic Government in the 
     executive, legislative, and judicial branches, as well as 
     leaders in the private and nonprofit sectors, to encourage 
     collaboration and enhance understanding of best practices and 
     innovative approaches in acquiring, using, and managing 
     information resources;
       ``(B) is intended to improve the performance of governments 
     in collaborating on the use of information technology to 
     improve the delivery of Government information and services; 
     and
       ``(C) may include--
       ``(i) development of innovative models--

       ``(I) for electronic Government management and Government 
     information technology contracts; and
       ``(II) that may be developed through focused discussions or 
     using separately sponsored research;

       ``(ii) identification of opportunities for public-private 
     collaboration in using Internet-based technology to increase 
     the efficiency of Government-to-business transactions;
       ``(iii) identification of mechanisms for providing 
     incentives to program managers and other Government employees 
     to develop and implement innovative uses of information 
     technologies; and
       ``(iv) identification of opportunities for public, private, 
     and intergovernmental collaboration in addressing the 
     disparities in access to the Internet and information 
     technology.
       ``(10) Sponsor activities to engage the general public in 
     the development and implementation of policies and programs, 
     particularly activities aimed at fulfilling the goal of using 
     the most effective citizen-centered strategies and those 
     activities which engage multiple agencies providing similar 
     or related information and services.
       ``(11) Oversee the work of the General Services 
     Administration and other agencies in developing the 
     integrated Internet-based system under section 3204 of the E-
     Government Act of 2002.
       ``(12) Coordinate with the Administrator of the Office of 
     Federal Procurement Policy to ensure effective implementation 
     of electronic procurement initiatives.
       ``(13) Assist Federal agencies, including the General 
     Services Administration, the Department of Justice, and the 
     United States Access Board in--
       ``(A) implementing accessibility standards under section 
     508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and
       ``(B) ensuring compliance with those standards through the 
     budget review process and other means.
       ``(14) Oversee the development of enterprise architectures 
     within and across agencies.
       ``(15) Assist the Director and the Deputy Director for 
     Management in overseeing agency efforts to ensure that 
     electronic Government activities incorporate adequate, risk-
     based, and cost-effective security compatible with business 
     processes.
       ``(16) Administer the Office of Electronic Government 
     established under section 3602.
       ``(17) Assist the Director in preparing the E-Government 
     report established under section 3605.
       ``(g) The Director shall ensure that the Office of 
     Management and Budget, including the Office of Electronic 
     Government, the Office of Information and Regulatory Affairs, 
     and other relevant offices, have adequate staff and resources 
     to properly fulfill all functions under the E-Government Act 
     of 2002.

     ``Sec. 3603. Chief Information Officers Council

       ``(a) There is established in the executive branch a Chief 
     Information Officers Council.
       ``(b) The members of the Council shall be as follows:
       ``(1) The Deputy Director for Management of the Office of 
     Management and Budget, who shall act as chairperson of the 
     Council.
       ``(2) The Administrator of the Office of Electronic 
     Government.
       ``(3) The Administrator of the Office of Information and 
     Regulatory Affairs.
       ``(4) The chief information officer of each agency 
     described under section 901(b) of title 31.
       ``(5) The chief information officer of the Central 
     Intelligence Agency.
       ``(6) The chief information officer of the Department of 
     the Army, the Department of the Navy, and the Department of 
     the Air Force, if chief information officers have been 
     designated for such departments under section 3506(a)(2)(B).
       ``(7) Any other officer or employee of the United States 
     designated by the chairperson.
       ``(c)(1) The Administrator of the Office of Electronic 
     Government shall lead the activities of the Council on behalf 
     of the Deputy Director for Management.
       ``(2)(A) The Vice Chairman of the Council shall be selected 
     by the Council from among its members.
       ``(B) The Vice Chairman shall serve a 1-year term, and may 
     serve multiple terms.
       ``(3) The Administrator of General Services shall provide 
     administrative and other support for the Council.
       ``(d) The Council is designated the principal interagency 
     forum for improving agency practices related to the design, 
     acquisition, development, modernization, use, operation, 
     sharing, and performance of Federal Government information 
     resources.
       ``(e) In performing its duties, the Council shall consult 
     regularly with representatives of State, local, and tribal 
     governments.
       ``(f) The Council shall perform functions that include the 
     following:
       ``(1) Develop recommendations for the Director on 
     Government information resources management policies and 
     requirements.
       ``(2) Share experiences, ideas, best practices, and 
     innovative approaches related to information resources 
     management.
       ``(3) Assist the Administrator in the identification, 
     development, and coordination of multiagency projects and 
     other innovative initiatives to improve Government 
     performance through the use of information technology.
       ``(4) Promote the development and use of common performance 
     measures for agency information resources management under 
     this chapter and title XXXII of the E-Government Act of 2002.
       ``(5) Work as appropriate with the National Institute of 
     Standards and Technology and the Administrator to develop 
     recommendations on information technology standards developed 
     under section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3) and promulgated under 
     section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 
     1441), as follows:
       ``(A) Standards and guidelines for interconnectivity and 
     interoperability as described under section 3504.
       ``(B) Consistent with the process under section 3207(d) of 
     the E-Government Act of 2002, standards and guidelines for 
     categorizing Federal Government electronic information to 
     enable efficient use of technologies, such as through the use 
     of extensible markup language.
       ``(C) Standards and guidelines for Federal Government 
     computer system efficiency and security.
       ``(6) Work with the Office of Personnel Management to 
     assess and address the hiring, training, classification, and 
     professional

[[Page 17131]]

     development needs of the Government related to information 
     resources management.
       ``(7) Work with the Archivist of the United States to 
     assess how the Federal Records Act can be addressed 
     effectively by Federal information resources management 
     activities.

     ``Sec. 3604. E-Government Fund

       ``(a)(1) There is established in the Treasury of the United 
     States the E-Government Fund.
       ``(2) The Fund shall be administered by the Administrator 
     of the General Services Administration to support projects 
     approved by the Director, assisted by the Administrator of 
     the Office of Electronic Government, that enable the Federal 
     Government to expand its ability, through the development and 
     implementation of innovative uses of the Internet or other 
     electronic methods, to conduct activities electronically.
       ``(3) Projects under this subsection may include efforts 
     to--
       ``(A) make Federal Government information and services more 
     readily available to members of the public (including 
     individuals, businesses, grantees, and State and local 
     governments);
       ``(B) make it easier for the public to apply for benefits, 
     receive services, pursue business opportunities, submit 
     information, and otherwise conduct transactions with the 
     Federal Government; and
       ``(C) enable Federal agencies to take advantage of 
     information technology in sharing information and conducting 
     transactions with each other and with State and local 
     governments.
       ``(b)(1) The Administrator shall--
       ``(A) establish procedures for accepting and reviewing 
     proposals for funding;
       ``(B) consult with interagency councils, including the 
     Chief Information Officers Council, the Chief Financial 
     Officers Council, and other interagency management councils, 
     in establishing procedures and reviewing proposals; and
       ``(C) assist the Director in coordinating resources that 
     agencies receive from the Fund with other resources available 
     to agencies for similar purposes.
       ``(2) When reviewing proposals and managing the Fund, the 
     Administrator shall observe and incorporate the following 
     procedures:
       ``(A) A project requiring substantial involvement or 
     funding from an agency shall be approved by a senior official 
     with agencywide authority on behalf of the head of the 
     agency, who shall report directly to the head of the agency.
       ``(B) Projects shall adhere to fundamental capital planning 
     and investment control processes.
       ``(C) Agencies shall identify in their proposals resource 
     commitments from the agencies involved and how these 
     resources would be coordinated with support from the Fund, 
     and include plans for potential continuation of projects 
     after all funds made available from the Fund are expended.
       ``(D) After considering the recommendations of the 
     interagency councils, the Director, assisted by the 
     Administrator, shall have final authority to determine which 
     of the candidate projects shall be funded from the Fund.
       ``(E) Agencies shall assess the results of funded projects.
       ``(c) In determining which proposals to recommend for 
     funding, the Administrator--
       ``(1) shall consider criteria that include whether a 
     proposal--
       ``(A) identifies the group to be served, including 
     citizens, businesses, the Federal Government, or other 
     governments;
       ``(B) indicates what service or information the project 
     will provide that meets needs of groups identified under 
     subparagraph (A);
       ``(C) ensures proper security and protects privacy;
       ``(D) is interagency in scope, including projects 
     implemented by a primary or single agency that--
       ``(i) could confer benefits on multiple agencies; and
       ``(ii) have the support of other agencies; and
       ``(E) has performance objectives that tie to agency 
     missions and strategic goals, and interim results that relate 
     to the objectives; and
       ``(2) may also rank proposals based on criteria that 
     include whether a proposal--
       ``(A) has Governmentwide application or implications;
       ``(B) has demonstrated support by the public to be served;
       ``(C) integrates Federal with State, local, or tribal 
     approaches to service delivery;
       ``(D) identifies resource commitments from nongovernmental 
     sectors;
       ``(E) identifies resource commitments from the agencies 
     involved;
       ``(F) uses web-based technologies to achieve objectives;
       ``(G) identifies records management and records access 
     strategies;
       ``(H) supports more effective citizen participation in and 
     interaction with agency activities that further progress 
     toward a more citizen-centered Government;
       ``(I) directly delivers Government information and services 
     to the public or provides the infrastructure for delivery;
       ``(J) supports integrated service delivery;
       ``(K) describes how business processes across agencies will 
     reflect appropriate transformation simultaneous to technology 
     implementation; and
       ``(L) is new or innovative and does not supplant existing 
     funding streams within agencies.
       ``(d) The Fund may be used to fund the integrated Internet-
     based system under section 3204 of the E-Government Act of 
     2002.
       ``(e) None of the funds provided from the Fund may be 
     transferred to any agency until 15 days after the 
     Administrator of the General Services Administration has 
     submitted to the Committees on Appropriations of the Senate 
     and the House of Representatives, the Committee on 
     Governmental Affairs of the Senate, the Committee on 
     Government Reform of the House of Representatives, and the 
     appropriate authorizing committees of the Senate and the 
     House of Representatives, a notification and description of 
     how the funds are to be allocated and how the expenditure 
     will further the purposes of this chapter.
       ``(f)(1) The Director shall report annually to Congress on 
     the operation of the Fund, through the report established 
     under section 3605.
       ``(2) The report under paragraph (1) shall describe--
       ``(A) all projects which the Director has approved for 
     funding from the Fund; and
       ``(B) the results that have been achieved to date for these 
     funded projects.
       ``(g)(1) There are authorized to be appropriated to the 
     Fund--
       ``(A) $45,000,000 for fiscal year 2003;
       ``(B) $50,000,000 for fiscal year 2004;
       ``(C) $100,000,000 for fiscal year 2005;
       ``(D) $150,000,000 for fiscal year 2006; and
       ``(E) such sums as are necessary for fiscal year 2007.
       ``(2) Funds appropriated under this subsection shall remain 
     available until expended.

     ``Sec. 3605. E-Government report

       ``(a) Not later than March 1 of each year, the Director 
     shall submit an E-Government status report to the Committee 
     on Governmental Affairs of the Senate and the Committee on 
     Government Reform of the House of Representatives.
       ``(b) The report under subsection (a) shall contain--
       ``(1) a summary of the information reported by agencies 
     under section 3202(f) of the E-Government Act of 2002;
       ``(2) the information required to be reported by section 
     3604(f); and
       ``(3) a description of compliance by the Federal Government 
     with other goals and provisions of the E-Government Act of 
     2002.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters for title 44, United States Code, is amended by 
     inserting after the item relating to chapter 35 the 
     following:

``36. Management and Promotion of Electronic Government Serv3601''.....

     SEC. 3102. CONFORMING AMENDMENTS.

       (a) Electronic Government and Information Technologies.--
       (1) In general.--The Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 471 et seq.) is amended by 
     inserting after section 112 the following:

     ``SEC. 113. ELECTRONIC GOVERNMENT AND INFORMATION 
                   TECHNOLOGIES.

       ``The Administrator of General Services shall consult with 
     the Administrator of the Office of Electronic Government on 
     programs undertaken by the General Services Administration to 
     promote electronic Government and the efficient use of 
     information technologies by Federal agencies.''.
       (2) Technical and conforming amendment.--The table of 
     sections for the Federal Property and Administrative Services 
     Act of 1949 is amended by inserting after the item relating 
     to section 112 the following:

``Sec. 113. Electronic Government and information technologies.''.
       (b) Modification of Deputy Director for Management 
     Functions.--Section 503(b) of title 31, United States Code, 
     is amended--
       (1) by redesignating paragraphs (5), (6), (7), (8), and 
     (9), as paragraphs (6), (7), (8), (9), and (10), 
     respectively; and
       (2) by inserting after paragraph (4) the following:
       ``(5) Chair the Chief Information Officers Council 
     established under section 3603 of title 44.''.
       (c) Office of Electronic Government.--
       (1) In general.--Chapter 5 of title 31, United States Code, 
     is amended by inserting after section 506 the following:

     ``Sec. 507. Office of Electronic Government

       ``The Office of Electronic Government, established under 
     section 3602 of title 44, is an office in the Office of 
     Management and Budget.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 5 of title 31, United States Code, is 
     amended by inserting after the item relating to section 506 
     the following:

``507. Office of Electronic Government.''.

TITLE XXXII--FEDERAL MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT 
                                SERVICES

     SEC. 3201. DEFINITIONS.

       Except as otherwise provided, in this title the definitions 
     under sections 3502 and 3601 of title 44, United States Code, 
     shall apply.

[[Page 17132]]



      SEC. 3202. FEDERAL AGENCY RESPONSIBILITIES.

       (a) In General.--The head of each agency shall be 
     responsible for--
       (1) complying with the requirements of this division 
     (including the amendments made by this Act), the related 
     information resource management policies and guidance 
     established by the Director of the Office of Management and 
     Budget, and the related information technology standards 
     promulgated by the Secretary of Commerce;
       (2) ensuring that the information resource management 
     policies and guidance established under this division by the 
     Director, and the information technology standards 
     promulgated under this division by the Secretary of Commerce 
     are communicated promptly and effectively to all relevant 
     officials within their agency; and
       (3) supporting the efforts of the Director and the 
     Administrator of the General Services Administration to 
     develop, maintain, and promote an integrated Internet-based 
     system of delivering Federal Government information and 
     services to the public under section 3204.
       (b) Performance Integration.--
       (1) Agencies shall develop performance measures that 
     demonstrate how electronic government enables progress toward 
     agency objectives, strategic goals, and statutory mandates.
       (2) In measuring performance under this section, agencies 
     shall rely on existing data collections to the extent 
     practicable.
       (3) Areas of performance measurement that agencies should 
     consider include--
       (A) customer service;
       (B) agency productivity; and
       (C) adoption of innovative information technology, 
     including the appropriate use of commercial best practices.
       (4) Agencies shall link their performance goals to key 
     groups, including citizens, businesses, and other 
     governments, and to internal Federal Government operations.
       (5) As appropriate, agencies shall work collectively in 
     linking their performance goals to groups identified under 
     paragraph (4) and shall use information technology in 
     delivering Government information and services to those 
     groups.
       (c) Avoiding Diminished Access.--When promulgating policies 
     and implementing programs regarding the provision of 
     Government information and services over the Internet, agency 
     heads shall consider the impact on persons without access to 
     the Internet, and shall, to the extent practicable--
       (1) ensure that the availability of Government information 
     and services has not been diminished for individuals who lack 
     access to the Internet; and
       (2) pursue alternate modes of delivery that make Government 
     information and services more accessible to individuals who 
     do not own computers or lack access to the Internet.
       (d) Accessibility to People With Disabilities.--All actions 
     taken by Federal departments and agencies under this division 
     shall be in compliance with section 508 of the Rehabilitation 
     Act of 1973 (29 U.S.C. 794d).
       (e) Sponsored Activities.--Agencies shall sponsor 
     activities that use information technology to engage the 
     public in the development and implementation of policies and 
     programs.
       (f) Chief Information Officers.--The Chief Information 
     Officer of each of the agencies designated under chapter 36 
     of title 44, United States Code (as added by this Act) shall 
     be responsible for--
       (1) participating in the functions of the Chief Information 
     Officers Council; and
       (2) monitoring the implementation, within their respective 
     agencies, of information technology standards promulgated 
     under this division by the Secretary of Commerce, including 
     common standards for interconnectivity and interoperability, 
     categorization of Federal Government electronic information, 
     and computer system efficiency and security.
       (g) E-Government Status Report.--
       (1) In general.--Each agency shall compile and submit to 
     the Director an annual E-Government Status Report on--
       (A) the status of the implementation by the agency of 
     electronic government initiatives;
       (B) compliance by the agency with this Act; and
       (C) how electronic Government initiatives of the agency 
     improve performance in delivering programs to constituencies.
       (2) Submission.--Each agency shall submit an annual report 
     under this subsection--
       (A) to the Director at such time and in such manner as the 
     Director requires;
       (B) consistent with related reporting requirements; and
       (C) which addresses any section in this title relevant to 
     that agency.
       (h) Use of Technology.--Nothing in this division supersedes 
     the responsibility of an agency to use or manage information 
     technology to deliver Government information and services 
     that fulfill the statutory mission and programs of the 
     agency.
       (i) National Security Systems.--
       (1) Inapplicability.--Except as provided under paragraph 
     (2), this title does not apply to national security systems 
     as defined in section 5142 of the Clinger-Cohen Act of 1996 
     (40 U.S.C. 1452).
       (2) Applicability.--Sections 3202, 3203, 3210, and 3214 of 
     this title do apply to national security systems to the 
     extent practicable and consistent with law.

      SEC. 3203. COMPATIBILITY OF EXECUTIVE AGENCY METHODS FOR USE 
                   AND ACCEPTANCE OF ELECTRONIC SIGNATURES.

       (a) Purpose.--The purpose of this section is to achieve 
     interoperable implementation of electronic signatures for 
     appropriately secure electronic transactions with Government.
       (b) Electronic Signatures.--In order to fulfill the 
     objectives of the Government Paperwork Elimination Act 
     (Public Law 105-277; 112 Stat. 2681-749 through 2681-751), 
     each Executive agency (as defined under section 105 of title 
     5, United States Code) shall ensure that its methods for use 
     and acceptance of electronic signatures are compatible with 
     the relevant policies and procedures issued by the Director.
       (c) Authority for Electronic Signatures.--The Administrator 
     of General Services shall support the Director by 
     establishing a framework to allow efficient interoperability 
     among Executive agencies when using electronic signatures, 
     including processing of digital signatures.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the General Services Administration, to 
     ensure the development and operation of a Federal bridge 
     certification authority for digital signature compatibility, 
     or for other activities consistent with this section, 
     $8,000,000 in fiscal year 2003, and such sums as are 
     necessary for each fiscal year thereafter.

     SEC. 3204. FEDERAL INTERNET PORTAL.

       (a) In General.--
       (1) Public access.--The Director shall work with the 
     Administrator of the General Services Administration and 
     other agencies to maintain and promote an integrated 
     Internet-based system of providing the public with access to 
     Government information and services.
       (2) Criteria.--To the extent practicable, the integrated 
     system shall be designed and operated according to the 
     following criteria:
       (A) The provision of Internet-based Government information 
     and services directed to key groups, including citizens, 
     business, and other governments, and integrated according to 
     function or topic rather than separated according to the 
     boundaries of agency jurisdiction.
       (B) An ongoing effort to ensure that Internet-based 
     Government services relevant to a given citizen activity are 
     available from a single point.
       (C) Access to Federal Government information and services 
     consolidated, as appropriate, with Internet-based information 
     and services provided by State, local, and tribal 
     governments.
       (D) Access to Federal Government information held by 1 or 
     more agencies shall be made available in a manner that 
     protects privacy, consistent with law.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the General Services Administration 
     $15,000,000 for the maintenance, improvement, and promotion 
     of the integrated Internet-based system for fiscal year 2003, 
     and such sums as are necessary for fiscal years 2004 through 
     2007.

     SEC. 3205. FEDERAL COURTS.

       (a) Individual Court Websites.--The Chief Justice of the 
     United States, the chief judge of each circuit and district, 
     and the chief bankruptcy judge of each district shall 
     establish with respect to the Supreme Court or the respective 
     court of appeals, district, or bankruptcy court of a 
     district, a website that contains the following information 
     or links to websites with the following information:
       (1) Location and contact information for the courthouse, 
     including the telephone numbers and contact names for the 
     clerk's office and justices' or judges' chambers.
       (2) Local rules and standing or general orders of the 
     court.
       (3) Individual rules, if in existence, of each justice or 
     judge in that court.
       (4) Access to docket information for each case.
       (5) Access to the substance of all written opinions issued 
     by the court, regardless of whether such opinions are to be 
     published in the official court reporter, in a text 
     searchable format.
       (6) Access to all documents filed with the courthouse in 
     electronic form, described under subsection (c).
       (7) Any other information (including forms in a format that 
     can be downloaded) that the court determines useful to the 
     public.
       (b) Maintenance of Data Online.--
       (1) Update of information.--The information and rules on 
     each website shall be updated regularly and kept reasonably 
     current.
       (2) Closed cases.--Electronic files and docket information 
     for cases closed for more than 1 year are not required to be 
     made available online, except all written opinions with a 
     date of issuance after the effective date of this section 
     shall remain available online.
       (c) Electronic Filings.--
       (1) In general.--Except as provided under paragraph (2), 
     each court shall make any document that is filed 
     electronically publicly available online. A court may convert 
     any document that is filed in paper form to

[[Page 17133]]

     electronic form. To the extent such conversions are made, all 
     such electronic versions of the document shall be made 
     available online.
       (2) Exceptions.--Documents that are filed that are not 
     otherwise available to the public, such as documents filed 
     under seal, shall not be made available online.
       (3) Privacy and security concerns.--The Judicial Conference 
     of the United States may promulgate rules under this 
     subsection to protect important privacy and security 
     concerns.
       (d) Dockets With Links to Documents.--The Judicial 
     Conference of the United States shall explore the feasibility 
     of technology to post online dockets with links allowing all 
     filings, decisions, and rulings in each case to be obtained 
     from the docket sheet of that case.
       (e) Cost of Providing Electronic Docketing Information.--
     Section 303(a) of the Judiciary Appropriations Act, 1992 (28 
     U.S.C. 1913 note) is amended in the first sentence by 
     striking ``shall hereafter'' and inserting ``may, only to the 
     extent necessary,''.
       (f) Time Requirements.--Not later than 2 years after the 
     effective date of this title, the websites under subsection 
     (a) shall be established, except that access to documents 
     filed in electronic form shall be established not later than 
     4 years after that effective date.
       (g) Deferral.--
       (1) In general.--
       (A) Election.--
       (i) Notification.--The Chief Justice of the United States, 
     a chief judge, or chief bankruptcy judge may submit a 
     notification to the Administrative Office of the United 
     States Courts to defer compliance with any requirement of 
     this section with respect to the Supreme Court, a court of 
     appeals, district, or the bankruptcy court of a district.
       (ii) Contents.--A notification submitted under this 
     subparagraph shall state--

       (I) the reasons for the deferral; and
       (II) the online methods, if any, or any alternative 
     methods, such court or district is using to provide greater 
     public access to information.

       (B) Exception.--To the extent that the Supreme Court, a 
     court of appeals, district, or bankruptcy court of a district 
     maintains a website under subsection (a), the Supreme Court 
     or that court of appeals or district shall comply with 
     subsection (b)(1).
       (2) Report.--Not later than 1 year after the effective date 
     of this title, and every year thereafter, the Judicial 
     Conference of the United States shall submit a report to the 
     Committees on Governmental Affairs and the Judiciary of the 
     Senate and the Committees on Government Reform and the 
     Judiciary of the House of Representatives that--
       (A) contains all notifications submitted to the 
     Administrative Office of the United States Courts under this 
     subsection; and
       (B) summarizes and evaluates all notifications.

      SEC. 3206. REGULATORY AGENCIES.

       (a) Purposes.--The purposes of this section are to--
       (1) improve performance in the development and issuance of 
     agency regulations by using information technology to 
     increase access, accountability, and transparency; and
       (2) enhance public participation in Government by 
     electronic means, consistent with requirements under 
     subchapter II of chapter 5 of title 5, United States Code, 
     (commonly referred to as the Administrative Procedures Act).
       (b) Information Provided by Agencies Online.--To the extent 
     practicable as determined by the agency in consultation with 
     the Director, each agency (as defined under section 551 of 
     title 5, United States Code) shall ensure that a publicly 
     accessible Federal Government website includes all 
     information about that agency required to be published in the 
     Federal Register under section 552(a)(1) of title 5, United 
     States Code.
       (c) Submissions by Electronic Means.--To the extent 
     practicable, agencies shall accept submissions under section 
     553(c) of title 5, United States Code, by electronic means.
       (d) Electronic Docketing.--
       (1) In general.--To the extent practicable, as determined 
     by the agency in consultation with the Director, agencies 
     shall ensure that a publicly accessible Federal Government 
     website contains electronic dockets for rulemakings under 
     section 553 of title 5, United States Code.
       (2) Information available.--Agency electronic dockets shall 
     make publicly available online to the extent practicable, as 
     determined by the agency in consultation with the Director--
       (A) all submissions under section 553(c) of title 5, United 
     States Code; and
       (B) other materials that by agency rule or practice are 
     included in the rulemaking docket under section 553(c) of 
     title 5, United States Code, whether or not submitted 
     electronically.
       (e) Time Limitation.--Agencies shall implement the 
     requirements of this section consistent with a timetable 
     established by the Director and reported to Congress in the 
     first annual report under section 3605 of title 44 (as added 
     by this Act).

     SEC. 3207. ACCESSIBILITY, USABILITY, AND PRESERVATION OF 
                   GOVERNMENT INFORMATION.

       (a) Purpose.--The purpose of this section is to improve the 
     methods by which Government information, including 
     information on the Internet, is organized, preserved, and 
     made accessible to the public.
       (b) Definitions.--In this section, the term--
       (1) ``Committee'' means the Interagency Committee on 
     Government Information established under subsection (c); and
       (2) ``directory'' means a taxonomy of subjects linked to 
     websites that--
       (A) organizes Government information on the Internet 
     according to subject matter; and
       (B) may be created with the participation of human editors.
       (c) Interagency Committee.--
       (1) Establishment.--Not later than 90 days after the date 
     of enactment of this title, the Director shall establish the 
     Interagency Committee on Government Information.
       (2) Membership.--The Committee shall be chaired by the 
     Director or the designee of the Director and--
       (A) shall include representatives from--
       (i) the National Archives and Records Administration;
       (ii) the offices of the Chief Information Officers from 
     Federal agencies; and
       (iii) other relevant officers from the executive branch; 
     and
       (B) may include representatives from the Federal 
     legislative and judicial branches.
       (3) Functions.--The Committee shall--
       (A) engage in public consultation to the maximum extent 
     feasible, including consultation with interested communities 
     such as public advocacy organizations;
       (B) conduct studies and submit recommendations, as provided 
     under this section, to the Director and Congress; and
       (C) share effective practices for access to, dissemination 
     of, and retention of Federal information.
       (4) Termination.--The Committee may be terminated on a date 
     determined by the Director, except the Committee may not 
     terminate before the Committee submits all recommendations 
     required under this section.
       (d) Categorizing of Information.--
       (1) Committee functions.--Not later than 1 year after the 
     date of enactment of this Act, the Committee shall submit 
     recommendations to the Director on--
       (A) the adoption of standards, which are open to the 
     maximum extent feasible, to enable the organization and 
     categorization of Government information--
       (i) in a way that is searchable electronically, including 
     by searchable identifiers; and
       (iii) in ways that are interoperable across agencies;
       (B) the definition of categories of Government information 
     which should be classified under the standards; and
       (C) determining priorities and developing schedules for the 
     initial implementation of the standards by agencies.
       (2) Functions of the director.--Not later than 180 days 
     after the submission of recommendations under paragraph (1), 
     the Director shall issue policies--
       (A) requiring that agencies use standards, which are open 
     to the maximum extent feasible, to enable the organization 
     and categorization of Government information--
       (i) in a way that is searchable electronically, including 
     by searchable identifiers;
       (ii) in ways that are interoperable across agencies; and
       (iii) that are, as appropriate, consistent with the 
     standards promulgated by the Secretary of Commerce under 
     section 3602(f)(8) of title 44, United States Code;
       (B) defining categories of Government information which 
     shall be required to be classified under the standards; and
       (C) determining priorities and developing schedules for the 
     initial implementation of the standards by agencies.
       (3) Modification of policies.--After the submission of 
     agency reports under paragraph (4), the Director shall modify 
     the policies, as needed, in consultation with the Committee 
     and interested parties.
       (4) Agency functions.--Each agency shall report annually to 
     the Director, in the report established under section 
     3202(g), on compliance of that agency with the policies 
     issued under paragraph (2)(A).
       (e) Public Access to Electronic Information.--
       (1) Committee functions.--Not later than 1 year after the 
     date of enactment of this Act, the Committee shall submit 
     recommendations to the Director and the Archivist of the 
     United States on--
       (A) the adoption by agencies of policies and procedures to 
     ensure that chapters 21, 25, 27, 29, and 31 of title 44, 
     United States Code, are applied effectively and 
     comprehensively to Government information on the Internet and 
     to other electronic records; and
       (B) the imposition of timetables for the implementation of 
     the policies and procedures by agencies.
       (2) Functions of the archivist.--Not later than 180 days 
     after the submission of recommendations by the Committee 
     under paragraph (1), the Archivist of the United States shall 
     issue policies--
       (A) requiring the adoption by agencies of policies and 
     procedures to ensure that chapters 21, 25, 27, 29, and 31 of 
     title 44, United

[[Page 17134]]

     States Code, are applied effectively and comprehensively to 
     Government information on the Internet and to other 
     electronic records; and
       (B) imposing timetables for the implementation of the 
     policies, procedures, and technologies by agencies.
       (3) Modification of policies.--After the submission of 
     agency reports under paragraph (4), the Archivist of the 
     United States shall modify the policies, as needed, in 
     consultation with the Committee and interested parties.
       (4) Agency functions.--Each agency shall report annually to 
     the Director, in the report established under section 
     3202(g), on compliance of that agency with the policies 
     issued under paragraph (2)(A).
       (f) Availability of Government Information on the 
     Internet.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, each agency shall--
       (A) consult with the Committee and solicit public comment;
       (B) determine which Government information the agency 
     intends to make available and accessible to the public on the 
     Internet and by other means;
       (C) develop priorities and schedules for making that 
     Government information available and accessible;
       (D) make such final determinations, priorities, and 
     schedules available for public comment;
       (E) post such final determinations, priorities, and 
     schedules on the Internet; and
       (F) submit such final determinations, priorities, and 
     schedules to the Director, in the report established under 
     section 3202(g).
       (2) Update.--Each agency shall update determinations, 
     priorities, and schedules of the agency, as needed, after 
     consulting with the Committee and soliciting public comment, 
     if appropriate.
       (g) Access to Federally Funded Research and Development.--
       (1) Development and maintenance of governmentwide 
     repository and website.--
       (A) Repository and website.--The Director of the National 
     Science Foundation, working with the Director of the Office 
     of Science and Technology Policy and other relevant agencies, 
     shall ensure the development and maintenance of--
       (i) a repository that fully integrates, to the maximum 
     extent feasible, information about research and development 
     funded by the Federal Government, and the repository shall--

       (I) include information about research and development 
     funded by the Federal Government and performed by--

       (aa) institutions not a part of the Federal Government, 
     including State, local, and foreign governments; industrial 
     firms; educational institutions; not-for-profit 
     organizations; federally funded research and development 
     center; and private individuals; and
       (bb) entities of the Federal Government, including research 
     and development laboratories, centers, and offices; and
       (II) integrate information about each separate research and 
     development task or award, including--
       (aa) the dates upon which the task or award is expected to 
     start and end;
       (bb) a brief summary describing the objective and the 
     scientific and technical focus of the task or award;
       (cc) the entity or institution performing the task or award 
     and its contact information;
       (dd) the total amount of Federal funds expected to be 
     provided to the task or award over its lifetime and the 
     amount of funds expected to be provided in each fiscal year 
     in which the work of the task or award is ongoing;
       (ee) any restrictions attached to the task or award that 
     would prevent the sharing with the general public of any or 
     all of the information required by this subsection, and the 
     reasons for such restrictions; and
       (ff) such other information as may be determined to be 
     appropriate; and
       (ii) 1 or more websites upon which all or part of the 
     repository of Federal research and development shall be made 
     available to and searchable by Federal agencies and non-
     Federal entities, including the general public, to 
     facilitate--

       (I) the coordination of Federal research and development 
     activities;
       (II) collaboration among those conducting Federal research 
     and development;
       (III) the transfer of technology among Federal agencies and 
     between Federal agencies and non-Federal entities; and
       (IV) access by policymakers and the public to information 
     concerning Federal research and development activities.

       (B) Oversight.--The Director of the Office of Management 
     and Budget shall issue any guidance determined necessary to 
     ensure that agencies provide all information requested under 
     this subsection.
       (2) Agency functions.--Any agency that funds Federal 
     research and development under this subsection shall provide 
     the information required to populate the repository in the 
     manner prescribed by the Director of the Office of Management 
     and Budget.
       (3) Committee functions.--Not later than 18 months after 
     the date of enactment of this Act, working with the Director 
     of the Office of Science and Technology Policy, and after 
     consultation with interested parties, the Committee shall 
     submit recommendations to the Director on--
       (A) policies to improve agency reporting of information for 
     the repository established under this subsection; and
       (B) policies to improve dissemination of the results of 
     research performed by Federal agencies and federally funded 
     research and development centers.
       (4) Functions of the director.--After submission of 
     recommendations by the Committee under paragraph (3), the 
     Director shall report on the recommendations of the Committee 
     and Director to Congress, in the E-Government report under 
     section 3605 of title 44 (as added by this Act).
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated to the National Science Foundation for the 
     development, maintenance, and operation of the Governmentwide 
     repository and website under this subsection--
       (A) $2,000,000 in each of the fiscal years 2003 through 
     2005; and
       (B) such sums as are necessary in each of the fiscal years 
     2006 and 2007.
       (h) Public Domain Directory of Public Federal Government 
     Websites.--
       (1) Establishment.--Not later than 2 years after the 
     effective date of this title, the Director and each agency 
     shall--
       (A) develop and establish a public domain directory of 
     public Federal Government websites; and
       (B) post the directory on the Internet with a link to the 
     integrated Internet-based system established under section 
     3204.
       (2) Development.--With the assistance of each agency, the 
     Director shall--
       (A) direct the development of the directory through a 
     collaborative effort, including input from--
       (i) agency librarians;
       (ii) information technology managers;
       (iii) program managers;
       (iv) records managers;
       (v) Federal depository librarians; and
       (vi) other interested parties; and
       (B) develop a public domain taxonomy of subjects used to 
     review and categorize public Federal Government websites.
       (3) Update.--With the assistance of each agency, the 
     Administrator of the Office of Electronic Government shall--
       (A) update the directory as necessary, but not less than 
     every 6 months; and
       (B) solicit interested persons for improvements to the 
     directory.
       (i) Standards for Agency Websites.--Not later than 18 
     months after the effective date of this title, the Director 
     shall promulgate guidance for agency websites that include--
       (1) requirements that websites include direct links to--
       (A) descriptions of the mission and statutory authority of 
     the agency;
       (B) the electronic reading rooms of the agency relating to 
     the disclosure of information under section 552 of title 5, 
     United States Code (commonly referred to as the Freedom of 
     Information Act);
       (C) information about the organizational structure of the 
     agency; and
       (D) the strategic plan of the agency developed under 
     section 306 of title 5, United States Code; and
       (2) minimum agency goals to assist public users to navigate 
     agency websites, including--
       (A) speed of retrieval of search results;
       (B) the relevance of the results;
       (C) tools to aggregate and disaggregate data; and
       (D) security protocols to protect information.

     SEC. 3208. PRIVACY PROVISIONS.

       (a) Purpose.--The purpose of this section is to ensure 
     sufficient protections for the privacy of personal 
     information as agencies implement citizen-centered electronic 
     Government.
       (b) Privacy Impact Assessments.--
       (1) Responsibilities of agencies.--
       (A) In general.--An agency shall take actions described 
     under subparagraph (B) before--
       (i) developing or procuring information technology that 
     collects, maintains, or disseminates information that 
     includes any identifier permitting the physical or online 
     contacting of a specific individual; or
       (ii) initiating a new collection of information that--

       (I) will be collected, maintained, or disseminated using 
     information technology; and
       (II) includes any identifier permitting the physical or 
     online contacting of a specific individual, if the 
     information concerns 10 or more persons.

       (B) Agency activities.--To the extent required under 
     subparagraph (A), each agency shall--
       (i) conduct a privacy impact assessment;
       (ii) ensure the review of the privacy impact assessment by 
     the Chief Information Officer, or equivalent official, as 
     determined by the head of the agency; and
       (iii) if practicable, after completion of the review under 
     clause (ii), make the privacy impact assessment publicly 
     available through the website of the agency, publication in 
     the Federal Register, or other means.

[[Page 17135]]

       (C) Sensitive information.--Subparagraph (B)(iii) may be 
     modified or waived for security reasons, or to protect 
     classified, sensitive, or private information contained in an 
     assessment.
       (D) Copy to director.--Agencies shall provide the Director 
     with a copy of the privacy impact assessment for each system 
     for which funding is requested.
       (2) Contents of a privacy impact assessment.--
       (A) In general.--The Director shall issue guidance to 
     agencies specifying the required contents of a privacy impact 
     assessment.
       (B) Guidance.--The guidance shall--
       (i) ensure that a privacy impact assessment is commensurate 
     with the size of the information system being assessed, the 
     sensitivity of personally identifiable information in that 
     system, and the risk of harm from unauthorized release of 
     that information; and
       (ii) require that a privacy impact assessment address--

       (I) what information is to be collected;
       (II) why the information is being collected;
       (III) the intended use of the agency of the information;
       (IV) with whom the information will be shared;
       (V) what notice or opportunities for consent would be 
     provided to individuals regarding what information is 
     collected and how that information is shared;
       (VI) how the information will be secured; and
       (VII) whether a system of records is being created under 
     section 552a of title 5, United States Code, (commonly 
     referred to as the Privacy Act).

       (3) Responsibilities of the director.--The Director shall--
       (A) develop policies and guidelines for agencies on the 
     conduct of privacy impact assessments;
       (B) oversee the implementation of the privacy impact 
     assessment process throughout the Government; and
       (C) require agencies to conduct privacy impact assessments 
     of existing information systems or ongoing collections of 
     personally identifiable information as the Director 
     determines appropriate.
       (c) Privacy Protections on Agency Websites.--
       (1) Privacy policies on websites.--
       (A) Guidelines for notices.--The Director shall develop 
     guidance for privacy notices on agency websites used by the 
     public.
       (B) Contents.--The guidance shall require that a privacy 
     notice address, consistent with section 552a of title 5, 
     United States Code--
       (i) what information is to be collected;
       (ii) why the information is being collected;
       (iii) the intended use of the agency of the information;
       (iv) with whom the information will be shared;
       (v) what notice or opportunities for consent would be 
     provided to individuals regarding what information is 
     collected and how that information is shared;
       (vi) how the information will be secured; and
       (vii) the rights of the individual under section 552a of 
     title 5, United States Code (commonly referred to as the 
     Privacy Act), and other laws relevant to the protection of 
     the privacy of an individual.
       (2) Privacy policies in machine-readable formats.--The 
     Director shall issue guidance requiring agencies to translate 
     privacy policies into a standardized machine-readable format.

     SEC. 3209. FEDERAL INFORMATION TECHNOLOGY WORKFORCE 
                   DEVELOPMENT.

       (a) Purpose.--The purpose of this section is to improve the 
     skills of the Federal workforce in using information 
     technology to deliver Government information and services.
       (b) In General.--In consultation with the Director, the 
     Chief Information Officers Council, and the Administrator of 
     General Services, the Director of the Office of Personnel 
     Management shall--
       (1) analyze, on an ongoing basis, the personnel needs of 
     the Federal Government related to information technology and 
     information resource management;
       (2) oversee the development of curricula, training methods, 
     and training priorities that correspond to the projected 
     personnel needs of the Federal Government related to 
     information technology and information resource management; 
     and
       (3) assess the training of Federal employees in information 
     technology disciplines, as necessary, in order to ensure that 
     the information resource management needs of the Federal 
     Government are addressed.
       (c) Employee Participation.--Subject to information 
     resource management needs and the limitations imposed by 
     resource needs in other occupational areas, and consistent 
     with their overall workforce development strategies, agencies 
     shall encourage employees to participate in occupational 
     information technology training.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Office of Personnel Management for 
     the implementation of this section, $7,000,000 in fiscal year 
     2003, and such sums as are necessary for each fiscal year 
     thereafter.

     SEC. 3210. COMMON PROTOCOLS FOR GEOGRAPHIC INFORMATION 
                   SYSTEMS.

       (a) Purposes.--The purposes of this section are to--
       (1) reduce redundant data collection and information; and
       (2) promote collaboration and use of standards for 
     government geographic information.
       (b) Definition.--In this section, the term ``geographic 
     information'' means information systems that involve 
     locational data, such as maps or other geospatial information 
     resources.
       (c) In General.--
       (1) Common protocols.--The Secretary of the Interior, 
     working with the Director and through an interagency group, 
     and working with private sector experts, State, local, and 
     tribal governments, commercial and international standards 
     groups, and other interested parties, shall facilitate the 
     development of common protocols for the development, 
     acquisition, maintenance, distribution, and application of 
     geographic information. If practicable, the Secretary of the 
     Interior shall incorporate intergovernmental and public 
     private geographic information partnerships into efforts 
     under this subsection.
       (2) Interagency group.--The interagency group referred to 
     under paragraph (1) shall include representatives of the 
     National Institute of Standards and Technology and other 
     agencies.
       (d) Director.--The Director shall oversee--
       (1) the interagency initiative to develop common protocols;
       (2) the coordination with State, local, and tribal 
     governments, public private partnerships, and other 
     interested persons on effective and efficient ways to align 
     geographic information and develop common protocols; and
       (3) the adoption of common standards relating to the 
     protocols.
       (e) Common Protocols.--The common protocols shall be 
     designed to--
       (1) maximize the degree to which unclassified geographic 
     information from various sources can be made electronically 
     compatible and accessible; and
       (2) promote the development of interoperable geographic 
     information systems technologies that shall--
       (A) allow widespread, low-cost use and sharing of 
     geographic data by Federal agencies, State, local, and tribal 
     governments, and the public; and
       (B) enable the enhancement of services using geographic 
     data.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of the Interior such 
     sums as are necessary to carry out this section, for each of 
     the fiscal years 2003 through 2007.

     SEC. 3211. SHARE-IN-SAVINGS PROGRAM IMPROVEMENTS.

       Section 5311 of the Clinger-Cohen Act of 1996 (divisions D 
     and E of Public Law 104-106; 110 Stat. 692; 40 U.S.C. 1491) 
     is amended--
       (1) in subsection (a)--
       (A) by striking ``the heads of two executive agencies to 
     carry out'' and inserting ``heads of executive agencies to 
     carry out a total of 5 projects under'';
       (B) by striking ``and'' at the end of paragraph (1);
       (C) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(3) encouraging the use of the contracting and sharing 
     approach described in paragraphs (1) and (2) by allowing the 
     head of the executive agency conducting a project under the 
     pilot program--
       ``(A) to retain, until expended, out of the appropriation 
     accounts of the executive agency in which savings computed 
     under paragraph (2) are realized as a result of the project, 
     up to the amount equal to half of the excess of--
       ``(i) the total amount of the savings; over
       ``(ii) the total amount of the portion of the savings paid 
     to the private sector source for such project under paragraph 
     (2); and
       ``(B) to use the retained amount to acquire additional 
     information technology.'';
       (2) in subsection (b)--
       (A) by inserting ``a project under'' after ``authorized to 
     carry out''; and
       (B) by striking ``carry out one project and''; and
       (3) in subsection (c), by inserting before the period ``and 
     the Administrator for the Office of Electronic Government''; 
     and
       (4) by inserting after subsection (c) the following:
       ``(d) Report.--
       ``(1) In general.--After 5 pilot projects have been 
     completed, but no later than 3 years after the effective date 
     of this subsection, the Director shall submit a report on the 
     results of the projects to the Committee on Governmental 
     Affairs of the Senate and the Committee on Government Reform 
     of the House of Representatives.
       ``(2) Contents.--The report under paragraph (1) shall 
     include--
       ``(A) a description of the reduced costs and other 
     measurable benefits of the pilot projects;
       ``(B) a description of the ability of agencies to determine 
     the baseline costs of a project against which savings would 
     be measured; and
       ``(C) recommendations of the Director relating to whether 
     Congress should provide general authority to the heads of 
     executive

[[Page 17136]]

     agencies to use a share-in-savings contracting approach to 
     the acquisition of information technology solutions for 
     improving mission-related or administrative processes of the 
     Federal Government.''.

      SEC. 3212. INTEGRATED REPORTING STUDY AND PILOT PROJECTS.

       (a) Purposes.--The purposes of this section are to--
       (1) enhance the interoperability of Federal information 
     systems;
       (2) assist the public, including the regulated community, 
     in electronically submitting information to agencies under 
     Federal requirements, by reducing the burden of duplicate 
     collection and ensuring the accuracy of submitted 
     information; and
       (3) enable any person to integrate and obtain similar 
     information held by 1 or more agencies under 1 or more 
     Federal requirements without violating the privacy rights of 
     an individual.
       (b) Definitions.--In this section, the term--
       (1) ``agency'' means an Executive agency as defined under 
     section 105 of title 5, United States Code; and
       (2) ``person'' means any individual, trust, firm, joint 
     stock company, corporation (including a government 
     corporation), partnership, association, State, municipality, 
     commission, political subdivision of a State, interstate 
     body, or agency or component of the Federal Government.
       (c) Report.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Director shall oversee a study, in 
     consultation with agencies, the regulated community, public 
     interest organizations, and the public, and submit a report 
     to the Committee on Governmental Affairs of the Senate and 
     the Committee on Government Reform of the House of 
     Representatives on progress toward integrating Federal 
     information systems across agencies.
       (2) Contents.--The report under this section shall--
       (A) address the integration of data elements used in the 
     electronic collection of information within databases 
     established under Federal statute without reducing the 
     quality, accessibility, scope, or utility of the information 
     contained in each database;
       (B) address the feasibility of developing, or enabling the 
     development of, software, including Internet-based tools, for 
     use by reporting persons in assembling, documenting, and 
     validating the accuracy of information electronically 
     submitted to agencies under nonvoluntary, statutory, and 
     regulatory requirements;
       (C) address the feasibility of developing a distributed 
     information system involving, on a voluntary basis, at least 
     2 agencies, that--
       (i) provides consistent, dependable, and timely public 
     access to the information holdings of 1 or more agencies, or 
     some portion of such holdings, including the underlying raw 
     data, without requiring public users to know which agency 
     holds the information; and
       (ii) allows the integration of public information held by 
     the participating agencies;
       (D) address the feasibility of incorporating other elements 
     related to the purposes of this section at the discretion of 
     the Director; and
       (E) make recommendations that Congress or the executive 
     branch can implement, through the use of integrated reporting 
     and information systems, to reduce the burden on reporting 
     and strengthen public access to databases within and across 
     agencies.
       (d) Pilot Projects To Encourage Integrated Collection and 
     Management of Data and Interoperability of Federal 
     Information Systems.--
       (1) In general.--In order to provide input to the study 
     under subsection (c), the Director shall designate, in 
     consultation with agencies, a series of no more than 5 pilot 
     projects that integrate data elements. The Director shall 
     consult with agencies, the regulated community, public 
     interest organizations, and the public on the implementation 
     of the pilot projects.
       (2) Goals of pilot projects.--
       (A) In general.--Each goal described under subparagraph (B) 
     shall be addressed by at least 1 pilot project each.
       (B) Goals.--The goals under this paragraph are to--
       (i) reduce information collection burdens by eliminating 
     duplicative data elements within 2 or more reporting 
     requirements;
       (ii) create interoperability between or among public 
     databases managed by 2 or more agencies using technologies 
     and techniques that facilitate public access; and
       (iii) develop, or enable the development of, software to 
     reduce errors in electronically submitted information.
       (3) Input.--Each pilot project shall seek input from users 
     on the utility of the pilot project and areas for 
     improvement. To the extent practicable, the Director shall 
     consult with relevant agencies and State, tribal, and local 
     governments in carrying out the report and pilot projects 
     under this section.
       (e) Privacy Protections.--The activities authorized under 
     this section shall afford protections for--
       (1) confidential business information consistent with 
     section 552(b)(4) of title 5, United States Code, and other 
     relevant law;
       (2) personal privacy information under sections 552(b) (6) 
     and (7)(C) and 552a of title 5, United States Code, and other 
     relevant law; and
       (3) other information consistent with section 552(b)(3) of 
     title 5, United States Code, and other relevant law.

     SEC. 3213. COMMUNITY TECHNOLOGY CENTERS.

       (a) Purposes.--The purposes of this section are to--
       (1) study and enhance the effectiveness of community 
     technology centers, public libraries, and other institutions 
     that provide computer and Internet access to the public; and
       (2) promote awareness of the availability of on-line 
     government information and services, to users of community 
     technology centers, public libraries, and other public 
     facilities that provide access to computer technology and 
     Internet access to the public.
       (b) Study and Report.--Not later than 2 years after the 
     effective date of this title, the Secretary of Education, in 
     consultation with the Secretary of Housing and Urban 
     Development, the Secretary of Commerce, the Director of the 
     National Science Foundation, and the Director of the 
     Institute of Museum and Library Services, shall--
       (1) conduct a study to evaluate the best practices of 
     community technology centers that have received Federal 
     funds; and
       (2) submit a report on the study to--
       (A) the Committee on Governmental Affairs of the Senate;
       (B) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (C) the Committee on Government Reform of the House of 
     Representatives; and
       (D) the Committee on Education and the Workforce of the 
     House of Representatives.
       (c) Contents.--The report under subsection (b) may 
     consider--
       (1) an evaluation of the best practices being used by 
     successful community technology centers;
       (2) a strategy for--
       (A) continuing the evaluation of best practices used by 
     community technology centers; and
       (B) establishing a network to share information and 
     resources as community technology centers evolve;
       (3) the identification of methods to expand the use of best 
     practices to assist community technology centers, public 
     libraries, and other institutions that provide computer and 
     Internet access to the public;
       (4) a database of all community technology centers that 
     have received Federal funds, including--
       (A) each center's name, location, services provided, 
     director, other points of contact, number of individuals 
     served; and
       (B) other relevant information;
       (5) an analysis of whether community technology centers 
     have been deployed effectively in urban and rural areas 
     throughout the Nation; and
       (6) recommendations of how to--
       (A) enhance the development of community technology 
     centers; and
       (B) establish a network to share information and resources.
       (d) Cooperation.--All agencies that fund community 
     technology centers shall provide to the Department of 
     Education any information and assistance necessary for the 
     completion of the study and the report under this section.
       (e) Assistance.--
       (1) In general.--The Secretary of the Department of 
     Education shall work with other relevant Federal agencies, 
     and other interested persons in the private and nonprofit 
     sectors to--
       (A) assist in the implementation of recommendations; and
       (B) identify other ways to assist community technology 
     centers, public libraries, and other institutions that 
     provide computer and Internet access to the public.
       (2) Types of assistance.--Assistance under this subsection 
     may include--
       (A) contribution of funds;
       (B) donations of equipment, and training in the use and 
     maintenance of the equipment; and
       (C) the provision of basic instruction or training material 
     in computer skills and Internet usage.
       (f) Online Tutorial.--
       (1) In general.--The Secretary of Education, in 
     consultation with the Director of the Institute of Museum and 
     Library Services, the Director of the National Science 
     Foundation, other relevant agencies, and the public, shall 
     develop an online tutorial that--
       (A) explains how to access Government information and 
     services on the Internet; and
       (B) provides a guide to available online resources.
       (2) Distribution.--The Secretary of Education shall 
     distribute information on the tutorial to community 
     technology centers, public libraries, and other institutions 
     that afford Internet access to the public.
       (g) Promotion of Community Technology Centers.--In 
     consultation with other agencies and organizations, the 
     Department of Education shall promote the availability of 
     community technology centers to raise awareness within each 
     community where such a center is located.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to

[[Page 17137]]

     the Department of Education for the study of best practices 
     at community technology centers, for the development and 
     dissemination of the online tutorial, and for the promotion 
     of community technology centers under this section--
       (1) $2,000,000 in fiscal year 2003;
       (2) $2,000,000 in fiscal year 2004; and
       (3) such sums as are necessary in fiscal years 2005 through 
     2007.

     SEC. 3214. ENHANCING CRISIS MANAGEMENT THROUGH ADVANCED 
                   INFORMATION TECHNOLOGY.

       (a) Purpose.--The purpose of this section is to improve how 
     information technology is used in coordinating and 
     facilitating information on disaster preparedness, response, 
     and recovery, while ensuring the availability of such 
     information across multiple access channels.
       (b) In General.--
       (1) Study on enhancement of crisis response.--Not later 
     than 90 days after the date of enactment of this Act, the 
     Federal Emergency Management Agency shall enter into a 
     contract to conduct a study on using information technology 
     to enhance crisis preparedness, response, and consequence 
     management of natural and manmade disasters.
       (2) Contents.--The study under this subsection shall 
     address--
       (A) a research and implementation strategy for effective 
     use of information technology in crisis response and 
     consequence management, including the more effective use of 
     technologies, management of information technology research 
     initiatives, and incorporation of research advances into the 
     information and communications systems of--
       (i) the Federal Emergency Management Agency; and
       (ii) other Federal, State, and local agencies responsible 
     for crisis preparedness, response, and consequence 
     management; and
       (B) opportunities for research and development on enhanced 
     technologies into areas of potential improvement as 
     determined during the course of the study.
       (3) Report.--Not later than 2 years after the date on which 
     a contract is entered into under paragraph (1), the Federal 
     Emergency Management Agency shall submit a report on the 
     study, including findings and recommendations to--
       (A) the Committee on Governmental Affairs of the Senate; 
     and
       (B) the Committee on Government Reform of the House of 
     Representatives.
       (4) Interagency cooperation.--Other Federal departments and 
     agencies with responsibility for disaster relief and 
     emergency assistance shall fully cooperate with the Federal 
     Emergency Management Agency in carrying out this section.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated to the Federal Emergency Management Agency 
     for research under this subsection, such sums as are 
     necessary for fiscal year 2003.
       (c) Pilot Projects.--Based on the results of the research 
     conducted under subsection (b), the Federal Emergency 
     Management Agency shall initiate pilot projects or report to 
     Congress on other activities that further the goal of 
     maximizing the utility of information technology in disaster 
     management. The Federal Emergency Management Agency shall 
     cooperate with other relevant agencies, and, if appropriate, 
     State, local, and tribal governments, in initiating such 
     pilot projects.

     SEC. 3215. DISPARITIES IN ACCESS TO THE INTERNET.

       (a) Study and Report.--
       (1) Study.--Not later than 90 days after the date of 
     enactment of this Act, the Director of the National Science 
     Foundation shall request that the National Academy of 
     Sciences, acting through the National Research Council, enter 
     into a contract to conduct a study on disparities in Internet 
     access for online Government services.
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Director of the National Science 
     Foundation shall submit to the Committee on Governmental 
     Affairs of the Senate and the Committee on Government Reform 
     of the House of Representatives a final report of the study 
     under this section, which shall set forth the findings, 
     conclusions, and recommendations of the National Research 
     Council.
       (b) Contents.--The report under subsection (a) shall 
     include a study of--
       (1) how disparities in Internet access influence the 
     effectiveness of online Government services, including a 
     review of--
       (A) the nature of disparities in Internet access;
       (B) the affordability of Internet service;
       (C) the incidence of disparities among different groups 
     within the population; and
       (D) changes in the nature of personal and public Internet 
     access that may alleviate or aggravate effective access to 
     online Government services;
       (2) how the increase in online Government services is 
     influencing the disparities in Internet access and how 
     technology development or diffusion trends may offset such 
     adverse influences; and
       (3) related societal effects arising from the interplay of 
     disparities in Internet access and the increase in online 
     Government services.
       (c) Recommendations.--The report shall include 
     recommendations on actions to ensure that online Government 
     initiatives shall not have the unintended result of 
     increasing any deficiency in public access to Government 
     services.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the National Science Foundation 
     $950,000 in fiscal year 2003 to carry out this section.

     SEC. 3216. NOTIFICATION OF OBSOLETE OR COUNTERPRODUCTIVE 
                   PROVISIONS.

       If the Director of the Office of Management and Budget 
     makes a determination that any provision of this division 
     (including any amendment made by this division) is obsolete 
     or counterproductive to the purposes of this Act, as a result 
     of changes in technology or any other reason, the Director 
     shall submit notification of that determination to--
       (1) the Committee on Governmental Affairs of the Senate; 
     and
       (2) the Committee on Government Reform of the House of 
     Representatives.

             TITLE XXXIII--GOVERNMENT INFORMATION SECURITY

     SEC. 3301. INFORMATION SECURITY.

       (a) Addition of Short Title.--Subtitle G of title X of the 
     Floyd D. Spence National Defense Authorization Act for Fiscal 
     Year 2001 (as enacted into law by Public Law 106-398; 114 
     Stat. 1654A-266) is amended by inserting after the heading 
     for the subtitle the following new section:

     ``SEC. 1060. SHORT TITLE.

       ``This subtitle may be cited as the `Government Information 
     Security Reform Act'.''.
       (b) Continuation of Authority.--
       (1) In general.--Section 3536 of title 44, United States 
     Code, is repealed.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 35 of title 44, United States Code, is 
     amended by striking the item relating to section 3536.

    TITLE XXXIV--AUTHORIZATION OF APPROPRIATIONS AND EFFECTIVE DATES

     SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

       Except for those purposes for which an authorization of 
     appropriations is specifically provided in title XXXI or 
     XXXII, including the amendments made by such titles, there 
     are authorized to be appropriated such sums as are necessary 
     to carry out titles XXXI and XXXII for each of fiscal years 
     2003 through 2007.

     SEC. 3402. EFFECTIVE DATES.

       (a) Titles XXXI and XXXII.--
       (1) In general.--Except as provided under paragraph (2), 
     titles XXXI and XXXII and the amendments made by such titles 
     shall take effect 120 days after the date of enactment of 
     this Act.
       (2) Immediate enactment.--Sections 3207, 3214, 3215, and 
     3216 shall take effect on the date of enactment of this Act.
       (b) Titles XXXIII and XXXIV.--Title XXXIII and this title 
     shall take effect on the date of enactment of this Act.
                                 ______
                                 
  SA 4624. Mr. STEVENS (for himself, Ms. Collins, Ms. Snowe, and Mr. 
Hollings) submitted an amendment intended to be proposed to amendment 
SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to establish 
the Department of Homeland Security, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 114, between lines 5 and 6, insert the following 
     new section:

     ``SEC. 140. UNITED STATES COAST GUARD.

       (a) Transfer.--There are transferred to the Department the 
     authorities, functions, personnel, and assets of the United 
     States Coast Guard, which shall be maintained as a distinct 
     entity within the Department, including the authorities and 
     functions of the Secretary of Transportation relating 
     thereto.
       (b) Preserving Coast Guard Mission Performance.--
       (1) Definitions.--In this section:
       (A) Non-homeland security missions.--The term ``non-
     homeland security missions'' means the following missions of 
     the Coast Guard:
       (i) Marine safety.
       (ii) Search and rescue.
       (iii) Aids to navigation.
       (iv) Living marine resources (e.g. fisheries law 
     enforcement).
       (v) Marine environmental protection.
       (vi) Ice operations.
       (B) Homeland security missions.--The term ``homeland 
     security missions'' means the following missions of the Coast 
     Guard:
       (i) Ports, waterways and coastal security.
       (ii) Drug interdiction.
       (iii) Migrant interdiction.
       (iv) Defense readiness.
       (v) Other law enforcement.
       (2) Maintenance of status of functions and assets.--
     Notwithstanding any other provision of this Act, the 
     authorities, functions, assets (including ships, aircraft, 
     helicopters, vehicles, the National Distress Response System, 
     and other command/control/communications/computers/
     intelligence/surveillance/reconnaissance capabilities), 
     organizational structure, units, personnel, and non-homeland 
     security missions of the Coast Guard shall be maintained 
     intact and without reduction after the transfer of the Coast 
     Guard to the Department, except as specified

[[Page 17138]]

     in subsequent Acts: Provided, That, nothing in this paragraph 
     shall prevent the Coast Guard from replacing or upgrading any 
     asset with an asset of equivalent or greater capabilities.
       (3) Certain transfers prohibited.--
       (A) None of the missions, functions, personnel, and assets 
     (including ships, aircraft, helicopters, vehicles, the 
     National Distress Response System, and other command/control/
     communications/computers/intelligence/surveillance/
     reconnaissance capabilities) of the Coast Guard may be 
     transferred to the operational control of, or diverted to the 
     principal and continuing use of, any other organization, 
     unit, or entity of the Department.
       (B) The restrictions in the previous paragraph shall not 
     apply--
       (1) to any joint operation of less than 90 days between the 
     Coast Guard and other entities and organizations of the 
     Department; or
       (ii) to any detail or assignment of any individual member 
     or civilian employee of the Coast Guard to any other entity 
     or organization of the Department for the purposes of 
     ensuring effective liaison, coordination, and operations of 
     the Coast Guard and that entity or organization: Provided, 
     That the total number of individuals detailed or assigned in 
     this capacity may not exceed 50 during any fiscal year.
       (4) Changes to non-homeland security missions.--
       (A) Prohibition.--The Secretary may not make any 
     substantial or significant change to any of the non-homeland 
     security missions of the Coast Guard, or to the capabilities 
     of the Coast Guard to carry out each of the non-homeland 
     security missions, without the prior approval of Congress as 
     expressed in subsequent Act: Provided, That, with respect to 
     a change to the capabilities of the Coast Guard to carry out 
     each of the non-homeland security missions, the restrictions 
     in this paragraph shall not apply when such change shall 
     result in an increase in those capabilities.
       (B) Waiver.--The President may waive the restrictions under 
     paragraph (A) for a period of not to exceed 90 days upon a 
     declaration and certification by the President to Congress 
     that a clear, compelling, and immediate state of national 
     emergency exists that justifies such a waiver. A 
     certification under this paragraph shall include a detailed 
     justification for the declaration and certification, 
     including the reasons and specific information that 
     demonstrate that the National and the Coast Guard cannot 
     respond effectively to the national emergency if the 
     restrictions under paragraph (A) are not waived.
       (5) Annual Review.--
       (A) In general.--The Inspector General of the Department 
     shall conduct an annual review that shall assess thoroughly 
     the performance by the Coast Guard of all missions of the 
     Coast Guard (including non-homeland security missions and 
     homeland security missions) with a particular emphasis on 
     examining the non-homeland security missions.
       (B) Report.--The Inspector General shall submit the 
     detailed results of the annual review and assessment required 
     by the preceding not later than March 1 of each year directly 
     to:
       (i) the Committee on Governmental Affairs of the Senate;
       (ii) the Committee on Government Reform of the House of 
     Representatives;
       (iii) the Committees on Appropriations of the Senate and 
     the House of Representatives;
       (iv) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (v) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (6) Director reporting to secretary.--Upon the transfer of 
     the Coast Guard to the Department, the Commandant shall 
     report directly to the Secretary without being required to 
     report through any other official of the Department.
       (7) Coordination with department of transportation.--The 
     Coast Guard shall continue to coordinate with the Department 
     of Transportation concerning regulatory matters that will 
     remain under the authority of the Department of 
     Transportation, but for which the Coast Guard has enforcement 
     or other authority.
       (8) Consultation with Commission on Ocean Policy.--The 
     Secretary shall consult with the Commission on Ocean Policy 
     not later than February 1, 2003 regarding plans for 
     integration and maintenance of living marine resources, 
     marine environmental protection, and aids to navigation 
     missions within the Department, and with respect to 
     coordination with other federal agencies having authority in 
     such areas.
       (9) Resource Evaluation.--
       (A) In General.--No later than 90 days after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit a report to the Committees on Appropriations of 
     the senate and House of Representatives, the Committee on 
     Commerce, Science and Transportation of the Senate, and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives, that--
       (i) compares Coast Guard expenditures by mission area on an 
     annualized basis before and after the terrorist attacks of 
     September 11, 2001;
       (ii) estimates--
       (A) annual funding amounts and personnel levels that would 
     restore all Coast Guard mission areas to the readiness levels 
     that existed before September 11, 2001;
       (B) annual funding amounts and personnel levels required to 
     fulfill the Coast Guard's additional responsibilities for 
     homeland security missions after September 11, 2001; and
       (iii) generally describes the services provided by the 
     Coast Guard to the Department of Defense after September 11, 
     2001, states the cost of such services and identifies the 
     Federal agency or agencies providing funds of those services.
       (B) Annual report.--Within 30 days after the end of each 
     fiscal year, the Secretary shall submit to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on 
     Transportation and Infrastructure of the House a report 
     identifying resource allocations on an hourly and monetary 
     basis for each non-homeland security and homeland security 
     Coast Guard mission for the fiscal year just ended.
       (10) Strategic plan.--(A) Not later than 180 days after the 
     date of enactment of this Act, the Commandant of the Coast 
     Guard shall submit a strategic plan to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on 
     Transportation and Infrastructure of the House identifying 
     mission targets for each Coast Guard mission for fiscal years 
     2003, 2004 and 2005 and the specific steps necessary to 
     achieve those targets. Such plan shall also provide an 
     analysis and recommendations for maximizing the efficient use 
     of Federal resources and technologies to achieve all mission 
     requirements.
       (B) The Commandant shall consult with the Secretary of 
     Commerce and other relevant agencies to ensure the plan 
     provides for, e.g. coordinated development and application of 
     communications and other technologies for use in meeting non-
     homeland security mission targets, such as conservation and 
     management of living marine resources, and for setting 
     priorities for fisheries enforcement.
       (C) The Inspector General shall review the final plan, and 
     provide an independent report with its views to the 
     Committees within 90 days after the plan has been submitted 
     by the Commandant.
       (11) Operation as a service in the navy.--None of the 
     conditions and restrictions in this section shall apply when 
     the Coast Guard operates as a service in the Navy under 
     section 3 of title 14, United States Code.
       (12) Report on accelerating the integrated deepwater 
     system.--No later than 90 days after the date of enactment of 
     this Act, the Secretary, in consultation with the Commandant 
     of the Coast Guard shall submit a report to the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committees on Appropriations of the Senate and the House of 
     Representatives that--
       (1) analyzes the feasibility of accelerating the rate of 
     procurement in the Coast Guard's Integrated Deepwater System 
     from 20 years to 10 years;
       (2) includes an estimate of additional resources required;
       (3) describes the resulting increased capabilities;
       (4) outlines any increases in the Coast Guard's homeland 
     security readiness;
       (5) describes any increases in operational efficiencies; 
     and
       (6) provides a revised asset phase-in time line.
                                 ______
                                 
  SA 4625. Mr. STEVENS (for himself, Ms. Collins, Ms. Snowe, and Mr. 
Hollings) submitted an amendment intended to be proposed by him to the 
bill H.R. 5005, to establish the Department of Homeland Security, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 43, strike lines 13 through 15.
                                 ______
                                 
  SA 4626. Mr. STEVENS (for himself, Ms. Collins, Ms. Snowe, and Mr. 
Hollings) submitted an amendment intended to be proposed by him to the 
bill H.R. 5005, to establish the Department of Homeland Security, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 48, strike lines 1 on page 52.
                                 ______
                                 
  SA 4627. Mr. STEVENS (for himself, Ms. Collins, Ms. Snowe, and Mr. 
Hollings) submitted an amendment intended to be proposed by him to the 
bill H.R. 5005, to establish the Department of Homeland Security, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 113, line 1, insert after the comma the Commandant 
     of the Coast Guard,''.

[[Page 17139]]


                                 ______
                                 
  SA 4628. Mr. SCHUMER (for himself and Mrs. Clinton) submitted an 
amendment intended to be proposed to amendment SA 4471 proposed by Mr. 
Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of section 132, add the following:
       (h) Federal-Local Law Enforcement Information Sharing.--
       (1) Authority to share grand jury information.--Rule 
     6(e)(3)(C) of the Federal Rules of Criminal Procedure is 
     amended--
       (A) in clause (i)(V), by inserting after ``national 
     security official'' the following: ``or to law enforcement 
     personnel of a State or political subdivision of a State 
     (including the chief executive officer of that State or 
     political subdivision who has the authority to appoint or 
     direct the chief law enforcement officer of that State or 
     political subdivision)''; and
       (B) in clause (iii)--
       (i) by striking ``Federal''; and
       (ii) by adding at the end the following: ``Information 
     referred to in this clause that is shared with local 
     authorities shall be shared only for the purpose of 
     investigating or preventing international or domestic 
     terrorism (as those terms are defined in section 2331 of 
     title 18, United States Code) or a Federal crime of terrorism 
     (as that term is defined in section 2332b of title 18, United 
     States Code). Any chief executive officer or law enforcement 
     personnel of a State or political subdivision of a State who 
     receives information pursuant to clause (i)(V), shall only 
     use that information consistent with such regulations as the 
     Attorney General shall promulgate to protect 
     confidentiality.''.
       (2) Authority to share electronic, wire, and oral 
     interception information.--Section 2517 of title 18, United 
     States Code, is amended--
       (A) in paragraph (1), by inserting ``or such derivative 
     evidence'' after ``such contents'';
       (B) in paragraph (2), by inserting ``or such derivative 
     evidence'' after ``such contents''; and
       (C) in paragraph (6)--
       (i) in the first sentence, by inserting after ``national 
     security official'' the following: ``or to law enforcement 
     personnel of a State or political subdivision of a State 
     (including the chief executive officer of that State or 
     political subdivision who has the authority to appoint or 
     direct the chief law enforcement officer of that State or 
     political subdivision)'';
       (ii) in the second sentence, by striking ``Federal''; and
       (iii) by adding at the end the following: ``Information 
     referred to in this paragraph that is shared with local 
     authorities shall be shared only for the purpose of 
     investigating or preventing international or domestic 
     terrorism (as those terms are defined in section 2331) or a 
     Federal crime of terrorism (as that term is defined in 
     section 2332b). Any chief executive officer or law 
     enforcement personnel of a State or political subdivision of 
     a State who receives information pursuant to this paragraph 
     shall only use that information consistent with such 
     regulations as the Attorney General shall promulgate to 
     protect confidentiality.''.
       (3) Foreign intelligence information.--Section 203(d)(1) of 
     the Uniting and Strengthening America by Providing 
     Appropriate Tools Required to Intercept and Obstruct 
     Terrorism Act (USA PATRIOT ACT) of 2001 (Public Law 107-56) 
     is amended--
       (A) in the first sentence, by inserting after ``national 
     security official'' the following: ``or to law enforcement 
     personnel of a State or political subdivision of a State 
     (including the chief executive officer of that State or 
     political subdivision who has the authority to appoint or 
     direct the chief law enforcement officer of that State or 
     political subdivision)'';
       (B) in the second sentence, by striking ``Federal''; and
       (C) by adding at the end the following: ``Information 
     referred to in this paragraph that is shared with local 
     authorities shall be shared only for the purpose of 
     investigating or preventing international or domestic 
     terrorism (as those terms are defined in section 2331 of 
     title 18, United States Code) or a Federal crime of terrorism 
     (as that term is defined in section 2332b of title 18, United 
     States Code). Any chief executive officer or law enforcement 
     personnel of a State or political subdivision of a State who 
     receives information pursuant to this paragraph shall only 
     use that information consistent with such regulations as the 
     Attorney General shall promulgate to protect 
     confidentiality.''.
       (4) Information acquired from an electronic surveillance.--
     Section 106(k)(1) of the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1806) is amended by inserting after 
     ``law enforcement officers'' the following: ``or law 
     enforcement personnel of a State or political subdivision of 
     a State (including the chief executive officer of that State 
     or political subdivision who has the authority to appoint or 
     direct the chief law enforcement officer of that State or 
     political subdivision)''.
       (5) Information acquired from a physical search.--Section 
     305(k)(1) of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1825) is amended by inserting after ``law 
     enforcement officers'' the following: ``or law enforcement 
     personnel of a State or political subdivision of a State 
     (including the chief executive officer of that State or 
     political subdivision who has the authority to appoint or 
     direct the chief law enforcement officer of that State or 
     political subdivision)''.
                                 ______
                                 
  SA 4629. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 10, before line 1, insert the following:
       (STATE) The term ``state'' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, and any 
     possession of the United States.
                                 ______
                                 
  SA 4630. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 164, between lines 19 and 20, insert the following:
       (f) Report on Office consolidation: Not later than one year 
     after the date of enactment of this Act, the Secretary shall 
     issue a report to Congress on the feasibility of 
     consolidating and co-locating (1) any regional offices or 
     field offices of agencies that are transferred to the 
     Department under this Act, if such offices are located in the 
     same municipality: and (2) portions of regional and field 
     offices of other Federal agencies, to the extent such offices 
     perform functions that are transferred to the Secretary under 
     this Act.
                                 ______
                                 
  SA 4631. Mr. LIEBERMAN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 211, insert between lines 9 and 10 the following:

  TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED 
                                 STATES

     SEC. 601. ESTABLISHMENT OF COMMISSION.

       There is established the National Commission on Terrorist 
     Attacks Upon the United States (in this title referred to as 
     the ``Commission'').

     SEC. 602. PURPOSES.

       The purposes of the Commission are to--
       (1) examine and report upon the facts and causes relating 
     to the terrorist attacks of September 11, 2001, occurring at 
     the World Trade Center in New York, New York and at the 
     Pentagon in Virginia;
       (2) ascertain, evaluate, and report on the evidence 
     developed by all relevant governmental agencies regarding the 
     facts and circumstances surrounding the attacks;
       (3) build upon the investigations of other entities, and 
     avoid unnecessary duplication, by reviewing the findings, 
     conclusions, and recommendations of--
       (A) the Joint Inquiry of the Select Committee on 
     Intelligence of the Senate and the Permanent Select Committee 
     on Intelligence of the House of Representatives regarding the 
     terrorist attacks of September 11, 2001;
       (B) other executive branch, congressional, or independent 
     commission investigations into the terrorist attacks of 
     September 11, 2001, other terrorist attacks, and terrorism 
     generally;
       (4) make a full and complete accounting of the 
     circumstances surrounding the attacks, and the extent of the 
     United States' preparedness for, and response to, the 
     attacks; and
       (5) investigate and report to the President and Congress on 
     its findings, conclusions, and recommendations for corrective 
     measures that can be taken to prevent acts of terrorism.

     SEC. 603. COMPOSITION OF THE COMMISSION.

       (a) Members.--The Commission shall be composed of 10 
     members, of whom--
       (1) 3 members shall be appointed by the majority leader of 
     the Senate;
       (2) 3 members shall be appointed by the Speaker of the 
     House of Representatives;
       (3) 2 members shall be appointed by the minority leader of 
     the Senate; and
       (4) 2 members shall be appointed by the minority leader of 
     the House of Representatives.
       (b) Chairperson; Vice Chairperson.--
       (1) In general.--Subject to paragraph (2), the Chairperson 
     and Vice Chairperson of the Commission shall be elected by 
     the members.

[[Page 17140]]

       (2) Political party affiliation.--The Chairperson and Vice 
     Chairperson shall not be from the same political party.
       (c) Qualifications; Initial Meeting.--
       (1) Political party affiliation.--Not more than 5 members 
     of the Commission shall be from the same political party.
       (2) Nongovernmental appointees.--An individual appointed to 
     the Commission may not be an officer or employee of the 
     Federal Government or any State or local government.
       (3) Other qualifications.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens, with national recognition and 
     significant depth of experience in such professions as 
     governmental service, law enforcement, the armed services, 
     legal practice, public administration, intelligence 
     gathering, commerce, including aviation matters, and foreign 
     affairs.
       (4) Initial meeting.--If 60 days after the date of 
     enactment of this Act, 6 or more members of the Commission 
     have been appointed, those members who have been appointed 
     may meet and, if necessary, select a temporary chairperson, 
     who may begin the operations of the Commission, including the 
     hiring of staff.
       (d) Quorum; Vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the chairperson or a 
     majority of its members. Six members of the Commission shall 
     constitute a quorum. Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.

     SEC. 604. FUNCTIONS OF THE COMMISSION.

       The functions of the Commission are to--
       (1) conduct an investigation that--
       (A) investigates relevant facts and circumstances relating 
     to the terrorist attacks of September 11, 2001, including any 
     relevant legislation, Executive order, regulation, plan, 
     policy, practice, or procedure; and
       (B) may include relevant facts and circumstances relating 
     to--
       (i) intelligence agencies;
       (ii) law enforcement agencies;
       (iii) diplomacy;
       (iv) immigration, nonimmigrant visas, and border control;
       (v) the flow of assets to terrorist organizations;
       (vi) commercial aviation; and
       (vii) other areas of the public and private sectors 
     determined relevant by the Commission for its inquiry;
       (2) identify, review, and evaluate the lessons learned from 
     the terrorist attacks of September 11, 2001, regarding the 
     structure, coordination, management policies, and procedures 
     of the Federal Government, and, if appropriate, State and 
     local governments and nongovernmental entities, relative to 
     detecting, preventing, and responding to such terrorist 
     attacks; and
       (3) submit to the President and Congress such reports as 
     are required by this title containing such findings, 
     conclusions, and recommendations as the Commission shall 
     determine, including proposing organization, coordination, 
     planning, management arrangements, procedures, rules, and 
     regulations.

     SEC. 605. POWERS OF THE COMMISSION.

       (a) In General.--
       (1) Hearings and evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this title--
       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and
       (B) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, and documents, as 
     the Commission or such designated subcommittee or designated 
     member may determine advisable.
       (2) Subpoenas.--
       (A) Issuance.--Subpoenas issued under paragraph (1)(B) may 
     be issued under the signature of the chairperson of the 
     Commission, the chairperson of any subcommittee created by a 
     majority of the Commission, or any member designated by a 
     majority of the Commission, and may be served by any person 
     designated by the chairperson, subcommittee chairperson, or 
     member.
       (B) Enforcement.--
       (i) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under paragraph (1)(B), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (ii) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this section, the Commission may, 
     by majority vote, certify a statement of fact constituting 
     such failure to the appropriate United States attorney, who 
     may bring the matter before the grand jury for its action, 
     under the same statutory authority and procedures as if the 
     United States attorney had received a certification under 
     sections 102 through 104 of the Revised Statutes of the 
     United States (2 U.S.C. 192 through 194).
       (b) Closed Meetings.--
       (1) In general.--Meetings of the Commission may be closed 
     to the public under section 10(d) of the Federal Advisory 
     Committee Act (5 U.S.C. App.) or other applicable law.
       (2) Additional authority.--In addition to the authority 
     under paragraph (1), section 10(a)(1) and (3) of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to any 
     portion of a Commission meeting if the President determines 
     that such portion or portions of that meeting is likely to 
     disclose matters that could endanger national security. If 
     the President makes such determination, the requirements 
     relating to a determination under section 10(d) of that Act 
     shall apply.
       (c) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this title.
       (d) Information From Federal Agencies.--The Commission is 
     authorized to secure directly from any executive department, 
     bureau, agency, board, commission, office, independent 
     establishment, or instrumentality of the Government 
     information, suggestions, estimates, and statistics for the 
     purposes of this title. Each department, bureau, agency, 
     board, commission, office, independent establishment, or 
     instrumentality shall, to the extent authorized by law, 
     furnish such information, suggestions, estimates, and 
     statistics directly to the Commission, upon request made by 
     the chairperson, the chairperson of any subcommittee created 
     by a majority of the Commission, or any member designated by 
     a majority of the Commission.
       (e) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other departments and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments and 
     agencies of the United States are authorized to provide to 
     the Commission such services, funds, facilities, staff, and 
     other support services as they may determine advisable and as 
     may be authorized by law.
       (f) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (g) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.

     SEC. 606. STAFF OF THE COMMISSION.

       (a) In General.--
       (1) Appointment and compensation.--The chairperson, in 
     accordance with rules agreed upon by the Commission, may 
     appoint and fix the compensation of a staff director and such 
     other personnel as may be necessary to enable the Commission 
     to carry out its functions, without regard to the provisions 
     of title 5, United States Code, governing appointments in the 
     competitive service, and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates, 
     except that no rate of pay fixed under this subsection may 
     exceed the equivalent of that payable for a position at level 
     V of the Executive Schedule under section 5316 of title 5, 
     United States Code.
       (2) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (b) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (c) Consultant Services.--The Commission is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.

     SEC. 607. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level IV 
     of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which that member is 
     engaged in the actual performance of the duties of the 
     Commission.
       (b) Travel Expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as

[[Page 17141]]

     persons employed intermittently in the Government service are 
     allowed expenses under section 5703(b) of title 5, United 
     States Code.

     SEC. 608. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The appropriate executive departments and agencies shall 
     cooperate with the Commission in expeditiously providing to 
     the Commission members and staff appropriate security 
     clearances in a manner consistent with existing procedures 
     and requirements, except that no person shall be provided 
     with access to classified information under this section who 
     would not otherwise qualify for such security clearance.

     SEC. 609. REPORTS OF THE COMMISSION; TERMINATION.

       (a) Initial Report.--Not later than 6 months after the date 
     of the first meeting of the Commission, the Commission shall 
     submit to the President and Congress an initial report 
     containing such findings, conclusions, and recommendations 
     for corrective measures as have been agreed to by a majority 
     of Commission members.
       (b) Additional Reports.--Not later than 1 year after the 
     submission of the initial report of the Commission, the 
     Commission shall submit to the President and Congress a 
     second report containing such findings, conclusions, and 
     recommendations for corrective measures as have been agreed 
     to by a majority of Commission members.
       (c) Termination.--
       (1) In general.--The Commission, and all the authorities of 
     this title, shall terminate 60 days after the date on which 
     the second report is submitted under subsection (b).
       (2) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in paragraph 
     (1) for the purpose of concluding its activities, including 
     providing testimony to committees of Congress concerning its 
     reports and disseminating the second report.

     SEC. 610. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     to carry out this title $3,000,000, to remain available until 
     expended.
                                 ______
                                 
  SA 4632. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 67, between lines 13 and 14, insert the following:
       (10) Net Guard: The Under Secretary for Critical 
     Infrastructure Protection may establish a national technology 
     guard, to be known as ``Net Guard'' comprised of local teams 
     of volunteers with expertise in relevant areas of science and 
     technology, to assist local communities to respond and 
     recover from attacks on information systems and 
     communications networks.
       On page 67, line 14, delete (10) and insert (11).
                                 ______
                                 
  SA 4633. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 171, between lines 14 and 15, insert the following:
       Sec. 199. Requirement to Comply with Laws Protecting Equal 
     Employment Opportunity and Providing Whistleblower 
     Protections.
       Nothing in this Act shall be construed as exempting the 
     Department from requirements applicable with respect to 
     executive agencies--(1) to provide equal employment 
     protection for employees of the Department (including 
     pursuant to the provisions in section 2302(b)(1) of title 5, 
     United States Code, and the Notification and Federal 
     Employee, Antidiscrimination and Retaliation Act of 2002 
     (Pub. L. 107-174): or (2) to provide whistleblower 
     protections for employees of the Department (including 
     pursuant to the provisions in section 2302(b)(8) of such 
     title and Notification and Federal Employee 
     Antidiscrimination and Retaliation Act of 2002.
                                 ______
                                 
  SA 4634. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       On Page 14, after line 25, insert the following:
       (F) Ensuring that Federal, State, and local entities share 
     homeland security information to the maximum extent 
     practicable, with special emphasis on hard-to-reach urban and 
     rural communities.
                                 ______
                                 
  SA 4635. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sense of the Congress.--It is the Sense of the Congress 
     that the Department of Homeland Security shall comply with 
     all laws protecting the civil rights and civil liberties of 
     U.S. persons.
                                 ______
                                 
  SA 4636. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       It is the Sense of the Congress that the Department of 
     Homeland Security shall comply with all laws protecting the 
     privacy of U.S. persons.
                                 ______
                                 
  SA 4637. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following new title:

          TITLE __--HOMELAND SECURITY INFORMATION SHARING ACT

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Homeland Security 
     Information Sharing Act''.

     SEC. __02. FINDINGS AND SENSE OF CONGRESS.

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

     SEC. __03. FACILITATING HOMELAND SECURITY INFORMATION SHARING 
                   PROCEDURES.

       (a) Presidential Procedures for Determining Extent of 
     Sharing of Homeland Security Information.--(1) The President 
     shall prescribe procedures under which relevant Federal 
     agencies determine--
       (A) whether, how, and to what extent homeland security 
     information may be shared with appropriate State and local 
     personnel, and with which such personnel it may be shared;
       (B) how to identify and safeguard homeland security 
     information that is sensitive but unclassified; and
       (C) to the extent such information is in classified form, 
     whether, how, and to what extent to remove classified 
     information, as appropriate, and with which such personnel

[[Page 17142]]

     it may be shared after such information is removed.
       (2) The President shall ensure that such procedures apply 
     to all agencies of the Federal Government.
       (3) Such procedures shall not change the substantive 
     requirements for the classification and safeguarding of 
     classified information.
       (4) Such procedures shall not change the requirements and 
     authorities to protect sources and methods.
       (b) Procedures for Sharing of Homeland Security 
     Information.--(1) Under procedures prescribed by the 
     President, all appropriate agencies, including the 
     intelligence community, shall, through information sharing 
     systems, share homeland security information with appropriate 
     State and local personnel to the extent such information may 
     be shared, as determined in accordance with subsection (a), 
     together with assessments of the credibility of such 
     information.
       (2) Each information sharing system through which 
     information is shared under paragraph (1) shall--
       (A) have the capability to transmit unclassified or 
     classified information, though the procedures and recipients 
     for each capability may differ;
       (B) have the capability to restrict delivery of information 
     to specified subgroups by geographic location, type of 
     organization, position of a recipient within an organization, 
     or a recipient's need to know such information;
       (C) be configured to allow the efficient and effective 
     sharing of information; and
       (D) be accessible to appropriate State and local personnel.
       (3) The procedures prescribed under paragraph (1) shall 
     establish conditions on the use of information shared under 
     paragraph (1)--
       (A) to limit the redissemination of such information to 
     ensure that such information is not used for an unauthorized 
     purpose;
       (B) to ensure the security and confidentiality of such 
     information;
       (C) to protect the constitutional and statutory rights of 
     any individuals who are subjects of such information; and
       (D) to provide data integrity through the timely removal 
     and destruction of obsolete or erroneous names and 
     information.
       (4) The procedures prescribed under paragraph (1) shall 
     ensure, to the greatest extent practicable, that the 
     information sharing system through which information is 
     shared under such paragraph include existing information 
     sharing systems, including, but not limited to, the National 
     Law Enforcement Telecommunications System, the Regional 
     Information Sharing System, and the Terrorist Threat Warning 
     System of the Federal Bureau of Investigation.
       (5) Each appropriate Federal agency, as determined by the 
     President, shall have access to each information sharing 
     system through which information is shared under paragraph 
     (1), and shall therefore have access to all information, as 
     appropriate, shared under such paragraph.
       (6) The procedures prescribed under paragraph (1) shall 
     ensure that appropriate State and local personnel are 
     authorized to use such information sharing systems--
       (A) to access information shared with such personnel; and
       (B) to share, with others who have access to such 
     information sharing systems, the homeland security 
     information of their own jurisdictions, which shall be marked 
     appropriately as pertaining to potential terrorist activity.
       (7) Under procedures prescribed jointly by the Director of 
     Central Intelligence and the Attorney General, each 
     appropriate Federal agency, as determined by the President, 
     shall review and assess the information shared under 
     paragraph (6) and integrate such information with existing 
     intelligence.
       (c) Sharing of Classified Information and Sensitive but 
     Unclassified Information With State and Local Personnel.--(1) 
     The President shall prescribe procedures under which Federal 
     agencies may, to the extent the President considers 
     necessary, share with appropriate State and local personnel 
     homeland security information that remains classified or 
     otherwise protected after the determinations prescribed under 
     the procedures set forth in subsection (a).
       (2) It is the sense of Congress that such procedures may 
     include one or more of the following means:
       (A) Carrying out security clearance investigations with 
     respect to appropriate State and local personnel.
       (B) With respect to information that is sensitive but 
     unclassified, entering into nondisclosure agreements with 
     appropriate State and local personnel.
       (C) Increased use of information-sharing partnerships that 
     include appropriate State and local personnel, such as the 
     Joint Terrorism Task Forces of the Federal Bureau of 
     Investigation, the Anti-Terrorism Task Forces of the 
     Department of Justice, and regional Terrorism Early Warning 
     Groups.
       (d) Responsible Officials.--For each affected Federal 
     agency, the head of such agency shall designate an official 
     to administer this title with respect to such agency.
       (e) Federal Control of Information.--Under procedures 
     prescribed under this section, information obtained by a 
     State or local government from a Federal agency under this 
     section shall remain under the control of the Federal agency, 
     and a State or local law authorizing or requiring such a 
     government to disclose information shall not apply to such 
     information.
       (f) Definitions.--In this section:
       (1) The term ``homeland security information'' means any 
     information possessed by a Federal, State, or local agency 
     that--
       (A) relates to the threat of terrorist activity;
       (B) relates to the ability to prevent, interdict, or 
     disrupt terrorist activity;
       (C) would improve the identification or investigation of a 
     suspected terrorist or terrorist organization; or
       (D) would improve the response to a terrorist act.
       (2) The term ``intelligence community'' has the meaning 
     given such term in section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 401a(4)).
       (3) The term ``State and local personnel'' means any of the 
     following persons involved in prevention, preparation, or 
     response for terrorist attack:
       (A) State Governors, mayors, and other locally elected 
     officials.
       (B) State and local law enforcement personnel and 
     firefighters.
       (C) Public health and medical professionals.
       (D) Regional, State, and local emergency management agency 
     personnel, including State adjutant generals.
       (E) Other appropriate emergency response agency personnel.
       (F) Employees of private-sector entities that affect 
     critical infrastructure, cyber, economic, or public health 
     security, as designated by the Federal government in 
     procedures developed pursuant to this section.
       (4) The term ``State'' includes the District of Columbia 
     and any commonwealth, territory, or possession of the United 
     States.

     SEC. __04. REPORT.

       (a) Report Required.--Not later than 12 months after the 
     date of the enactment of this Act, the President shall submit 
     to the congressional committees specified in subsection (b) a 
     report on the implementation of section __03. The report 
     shall include any recommendations for additional measures or 
     appropriation requests, beyond the requirements of section 
     __03, to increase the effectiveness of sharing of information 
     among Federal, State, and local entities.
       (b) Specified Congressional Committees.--The congressional 
     committees referred to in subsection (a) are the following 
     committees:
       (1) The Permanent Select Committee on Intelligence and the 
     Committee on the Judiciary of the House of Representatives.
       (2) The Select Committee on Intelligence and the Committee 
     on the Judiciary of the Senate.

     SEC. __05. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out section __03.
                                 ______
                                 
  SA 4638. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 4471 proposed by Mr. Lieberman to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; which was ordered to lie on the table; as follows:
       On page 210, between lines 9 and 10, insert the following:

     SEC. 512. AIRPORT SECURITY SCREENER STANDARDS AND TRAINING.

       (a) In General.--Section 44935(e)(2) of title 49, United 
     States Code, is amended--
       (1) by striking ``States;'' in subparagraph (A)(ii) and 
     inserting ``States or described in subparagraph (C);'';
       (2) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (3) by inserting after subparagraph (B) the following:
       ``(C) Other individuals.--An individual is described in 
     this subparagraph if that individual--
       ``(i) is a national of the United States (as defined in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)));
       ``(ii) was born in a territory of the United States;
       ``(iii) was honorably discharged from service in the Armed 
     Forces of the United States; or
       ``(iv) is an alien lawfully admitted for permanent 
     residence, as defined in section 101(a)(20) of the 
     Immigration and Nationality Act and was employed to perform 
     security screening services at an airport in the United 
     States on the date of enactment of the Aviation and 
     Transportation Security Act (Public Law 107-71).''.
       (b) Correction of Subsection Designation.--Subsection (i) 
     of section 44935 of title 49, United States Code, relating to 
     accessibility of computer-based training facilities, is 
     redesignated as subsection (k).
                                 ______
                                 
  SA 4639. Mrs. FEINSTEIN (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed to amendment SA 4471 proposed by Mr. 
Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland

[[Page 17143]]

Security, and for other purposes; which was ordered to lie on the 
table; as follows:
       On page 137, between lines 13 and 14, insert the following:

     SEC. 173. SEAPORT AND CONTAINER SECURITY.

       (a) Personal Radiation Detection Pagers.--Not later than 
     180 days after the date of enactment of this Act, the 
     Secretary shall require that Customs Service officers and 
     other appropriate law enforcement officers at United States 
     seaports be provided with and use personal radiation 
     detection pagers to increase the ability of such officers to 
     accurately detect radioactive materials that could be used to 
     commit terrorist acts in the United States.
       (b) Research and Development Grants for Port Security.--
       (1) Authority.--The Secretary is authorized to award grants 
     to eligible entities for research and development of 
     technologies that can be used to secure the ports of the 
     United States.
       (2) Use of funds.--Grants awarded pursuant to paragraph (1) 
     shall be used to develop technologies to improve seals and 
     sensors for cargo containers so that it is possible to--
       (A) immediately detect tampering with the seal or sensor;
       (B) immediately detect tampering with the walls, ceiling, 
     or floor of the container that indicates a person is 
     attempting to improperly access the container; and
       (C) transmit information regarding tampering with the seal, 
     walls, ceiling, or floor of the container in real time to the 
     appropriate authorities at a remote location.
       (3) Application for grants.--Each entity desiring a grant 
     under this subsection shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require.
       (4) Definitions.--In this subsection:
       (A) Container.--The term ``container'' means a container 
     that is used or designed for use for the international 
     transportation of merchandise by vessel, vehicle, or 
     aircraft.
       (B) Eligible entity.--The term ``eligible entity'' means 
     any national laboratory, nonprofit private organization, 
     institution of higher education, or other entity that the 
     Secretary determines is eligible to receive a grant 
     authorized by paragraph (1).
       (C) Vessel.--The term ``vessel'' has the meaning given that 
     term in section 401 of the Tariff Act of 1930 (19 U.S.C. 
     1401).
       (5) Authorization of appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2003 through 2007 to carry out the provisions of this 
     subsection.
                                 ______
                                 
  SA 4640. Mrs. FEINSTEIN (for herself, Mr. Bond, and Mr. Leahy) 
submitted an amendment intended to be proposed by her to the bill H.R. 
5005, to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:
       In division A, redesignate title VI as title VII, and 
     section 601 as section 701, and insert after title V the 
     following new title VI:

                        TITLE VI--NATIONAL GUARD

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Guaranteeing a United and 
     Resolute Defense Act of 2002'' or the ``GUARD Act of 2002''.

     SEC. 602. FUNDING ASSISTANCE FOR HOMELAND SECURITY ACTIVITIES 
                   OF THE NATIONAL GUARD.

       (a) In General.--Chapter 1 of title 32, United States Code, 
     is amended by inserting after section 112 the following new 
     section:

     ``Sec. 112a. Homeland security activities

       ``(a) Funding Assistance.--(1) The Secretary of Defense may 
     provide funds to the Governor of a State who submits to the 
     Secretary a homeland security activities plan satisfying the 
     requirements of subsection (b).
       ``(2) To be eligible for assistance under this subsection, 
     a State shall have a homeland security activities plan in 
     effect.
       ``(3) Any funds provided to a State under this subsection 
     shall be used for the following:
       ``(A) Pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses, as authorized by State law, of 
     personnel of the National Guard of the State for service 
     performed for the purpose of homeland security while not in 
     Federal service.
       ``(B) Operation and maintenance of the equipment and 
     facilities of the National Guard of the State that are used 
     for the purpose of homeland security.
       ``(C) Procurement of services and the purchase or leasing 
     of equipment for the National Guard of the State for use for 
     the purpose of homeland security.
       ``(b) Homeland Security Activities Plan Requirements.--The 
     homeland security activities plan of a State--
       ``(1) shall specify how personnel and equipment of the 
     National Guard of the State are to be used in homeland 
     security activities and include a detailed explanation of the 
     reasons why the National Guard should be used for the 
     specified activities;
       ``(2) shall describe in detail how any available National 
     Guard training facilities, including any distance learning 
     programs and projects, are to be used;
       ``(3) shall include the Governor's certification that the 
     activities under the plan are to be conducted at a time when 
     the personnel involved are not in Federal service;
       ``(4) shall include the Governor's certification that 
     participation by National Guard personnel in the activities 
     under the plan is service in addition to training required 
     under section 502 of this title;
       ``(5) shall include a certification by the Attorney General 
     of the State (or, in the case of a State with no position of 
     Attorney General, a civilian official of the State equivalent 
     to a State attorney general) that the use of the National 
     Guard of the State for the activities proposed under the plan 
     is authorized by, and is consistent with, State law;
       ``(6) shall include the Governor's certification that the 
     Governor or a civilian law enforcement official of the State 
     designated by the Governor has determined that any activities 
     to be carried out in conjunction with Federal law enforcement 
     agencies under the plan serve a State law enforcement 
     purpose; and
       ``(7) may provide for the use of personnel and equipment of 
     the National Guard of that State to assist the Directorate of 
     Immigration Affairs of the Department of Homeland Security in 
     the transportation of aliens who have violated a Federal or 
     State law prohibiting terrorist acts.
       ``(c) Examination and Approval of Plan.--The Secretary of 
     Defense shall examine the adequacy of each homeland security 
     activities plan of a State and, if the plan is determined 
     adequate, approve the plan.
       ``(d) Annual Report.--(1) The Secretary of Defense shall 
     submit to Congress each year a report on the assistance 
     provided under this section during the preceding fiscal year, 
     including the activities carried out with such assistance.
       ``(2) The annual report under this subsection shall include 
     the following:
       ``(A) A description of the homeland security activities 
     conducted under the homeland security activities plans with 
     funds provided under this section.
       ``(B) An accounting of the funds provided to each State 
     under this section.
       ``(C) An analysis of the effects on military training and 
     readiness of using units and personnel of the National Guard 
     to perform activities under the homeland security activities 
     plans.
       ``(e) Statutory Construction.--Nothing in this section 
     shall be construed as limiting the authority of any unit of 
     the National Guard of a State, when such unit is not in 
     Federal service, to perform law enforcement functions 
     authorized to be performed by the National Guard by the laws 
     of the State concerned.
       ``(f) Definitions.--In this section:
       ``(1) The term `Governor', in the case of the District of 
     Columbia, means the commanding general of the National Guard 
     of the District of Columbia.
       ``(2) The term `homeland security activities', with respect 
     to the National Guard of a State, means the use of National 
     Guard personnel, when authorized by the law of the State and 
     requested by the Governor of the State, to prevent, deter, 
     defend against, and respond to an attack or threat of attack 
     on the people and territory of the United States.
       ``(3) The term `State' includes the District of Columbia, 
     the Commonwealth of Puerto Rico, Guam, and the Virgin 
     Islands.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1 of such title is amended by inserting 
     after the item relating to section 112 the following new 
     item:

``112a. Homeland security activities.''.
                                 ______
                                 
  SA 4641. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill (H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 265, strike line 6 and all that follows 
     through line 9 on page 305 and insert the following:

            TITLE XII--UNACCOMPANIED ALIEN CHILD PROTECTION

     SEC. 1201. SHORT TITLE.

       This title may be cited as the ``Unaccompanied Alien Child 
     Protection Act of 2002''.

     SEC. 1202. DEFINITIONS.

       (a) In General.--In this title:
       (1) Director.--The term ``Director'' means the Director of 
     the Office.
       (2) Office.--The term ``Office'' means the Office of 
     Refugee Resettlement as established by section 411 of the 
     Immigration and Nationality Act.
       (3) Service.--The term ``Service'' means the Immigration 
     and Naturalization Service (or, upon the effective date of 
     title XI, the Directorate of Immigration Affairs).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security (or, prior to the effective date of 
     title XI, the Attorney General).
       (5) Unaccompanied alien child.--The term ``unaccompanied 
     alien child'' means a child who--

[[Page 17144]]

       (A) has no lawful immigration status in the United States;
       (B) has not attained the age of 18; and
       (C) with respect to whom--
       (i) there is no parent or legal guardian in the United 
     States; or
       (ii) no parent or legal guardian in the United States is 
     available to provide care and physical custody.
       (6) Voluntary agency.--The term ``voluntary agency'' means 
     a private, nonprofit voluntary agency with expertise in 
     meeting the cultural, developmental, or psychological needs 
     of unaccompanied alien children as licensed by the 
     appropriate State and certified by the Director of the Office 
     of Refugee Resettlement.
       (b) Amendments to the Immigration and Nationality Act.--
     Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the 
     end the following new paragraphs:
       ``(53) The term `unaccompanied alien child' means a child 
     who--
       ``(A) has no lawful immigration status in the United 
     States;
       ``(B) has not attained the age of 18; and
       ``(C) with respect to whom--
       ``(i) there is no parent or legal guardian in the United 
     States; or
       ``(ii) no parent or legal guardian in the United States is 
     able to provide care and physical custody.
       ``(54) The term `unaccompanied refugee children' means 
     persons described in paragraph (42) who--
       ``(A) have not attained the age of 18; and
       ``(B) with respect to whom there are no parents or legal 
     guardians available to provide care and physical custody.''.

                     Subtitle A--Structural Changes

     SEC. 1211. RESPONSIBILITIES OF THE OFFICE OF REFUGEE 
                   RESETTLEMENT WITH RESPECT TO UNACCOMPANIED 
                   ALIEN CHILDREN.

       (a) In General.--
       (1) Responsibilities of the office.--The Office shall be 
     responsible for--
       (A) coordinating and implementing the care and placement 
     for unaccompanied alien children who are in Federal custody 
     by reason of their immigration status; and
       (B) ensuring minimum standards of detention for all 
     unaccompanied alien children.
       (2) Duties of the director with respect to unaccompanied 
     alien children.--The Director shall be responsible under this 
     title for--
       (A) ensuring that the best interests of the child are 
     considered in decisions and actions relating to the care and 
     placement of an unaccompanied alien child;
       (B) making placement, release, and detention determinations 
     for all unaccompanied alien children in the custody of the 
     Office;
       (C) implementing the placement, release, and detention 
     determinations made by the Office;
       (D) convening, in the absence of the Assistant Secretary, 
     Administration for Children and Families of the Department of 
     Health and Human Services, the Interagency Task Force on 
     Unaccompanied Alien Children established in section 1212;
       (E) identifying a sufficient number of qualified persons, 
     entities, and facilities to house unaccompanied alien 
     children in accordance with sections 1222 and 1223;
       (F) overseeing the persons, entities, and facilities 
     described in sections 1222 and 1223 to ensure their 
     compliance with such provisions;
       (G) compiling, updating, and publishing at least annually a 
     State-by-State list of professionals or other entities 
     qualified to contract with the Office to provide the services 
     described in sections 1231 and 1232;
       (H) maintaining statistical information and other data on 
     unaccompanied alien children in the Office's custody and 
     care, which shall include--
       (i) biographical information such as the child's name, 
     gender, date of birth, country of birth, and country of 
     habitual residence;
       (ii) the date on which the child came into Federal custody, 
     including each instance in which such child came into the 
     custody of--

       (I) the Service; or
       (II) the Office;

       (iii) information relating to the custody, detention, 
     release, and repatriation of unaccompanied alien children who 
     have been in the custody of the Office;
       (iv) in any case in which the child is placed in detention, 
     an explanation relating to the detention; and
       (v) the disposition of any actions in which the child is 
     the subject;
       (I) collecting and compiling statistical information from 
     the Service, including Border Patrol and inspections 
     officers, on the unaccompanied alien children with whom they 
     come into contact; and
       (J) conducting investigations and inspections of facilities 
     and other entities in which unaccompanied alien children 
     reside.
       (3) Duties with respect to foster care.--In carrying out 
     the duties described in paragraph (3)(F), the Director is 
     encouraged to utilize the refugee children foster care system 
     established under section 412(d)(2) of the Immigration and 
     Nationality Act for the placement of unaccompanied alien 
     children.
       (4) Powers.--In carrying out the duties under paragraph 
     (3), the Director shall have the power to--
       (A) contract with service providers to perform the services 
     described in sections 1222, 1223, 1231, and 1232; and
       (B) compel compliance with the terms and conditions set 
     forth in section 1223, including the power to terminate the 
     contracts of providers that are not in compliance with such 
     conditions and reassign any unaccompanied alien child to a 
     similar facility that is in compliance with such section.
       (5) Authority to hire personnel.--The Director is 
     authorized to hire and fix the level of compensation of an 
     adequate number of personnel to carry out the duties of the 
     Office. In hiring such personnel, the Director may seek the 
     transfer of personnel employed by the Department of Justice 
     in connection with the functions transferred by section 1213.
       (b) No Effect on Service, EOIR, and Department of State 
     Adjudicatory Responsibilities.--Nothing in this title may be 
     construed to transfer the responsibility for adjudicating 
     benefit determinations under the Immigration and Nationality 
     Act from the authority of any official of the Service, the 
     Executive Office of Immigration Review (or successor entity), 
     or the Department of State.

     SEC. 1212. ESTABLISHMENT OF INTERAGENCY TASK FORCE ON 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Establishment.--There is established an Interagency 
     Task Force on Unaccompanied Alien Children.
       (b) Composition.--The Task Force shall consist of the 
     following members:
       (1) The Assistant Secretary, Administration for Children 
     and Families, Department of Health and Human Services.
       (2) The Commissioner of Immigration and Naturalization (or, 
     upon the effective date of title XI, the Under Secretary of 
     Homeland Security for Immigration Affairs).
       (3) The Assistant Secretary of State for Population, 
     Refugees, and Migration.
       (4) The Director.
       (5) Such other officials in the executive branch of 
     Government as may be designated by the President.
       (c) Chairman.--The Task Force shall be chaired by the 
     Assistant Secretary, Administration for Children and 
     Families, Department of Health and Human Services.
       (d) Activities of the Task Force.--In consultation with 
     nongovernmental organizations, the Task Force shall--
       (1) measure and evaluate the progress of the United States 
     in treating unaccompanied alien children in United States 
     custody; and
       (2) expand interagency procedures to collect and organize 
     data, including significant research and resource information 
     on the needs and treatment of unaccompanied alien children in 
     the custody of the United States Government.

     SEC. 1213. TRANSITION PROVISIONS.

       (a) Transfer of Functions.--All functions with respect to 
     the care and custody of unaccompanied alien children under 
     the immigration laws of the United States vested by statute 
     in, or exercised by, the Commissioner of Immigration and 
     Naturalization (or any officer, employee, or component 
     thereof), immediately prior to the effective date of this 
     subtitle, are transferred to the Office.
       (b) Transfer and Allocations of Appropriations.--The 
     personnel employed in connection with, and the assets, 
     liabilities, contracts, property, records, and unexpended 
     balances of appropriations, authorizations, allocations, and 
     other funds employed, used, held, arising from, available to, 
     or to be made available in connection with the functions 
     transferred by this section, subject to section 1531 of title 
     31, United States Code, shall be transferred to the Office. 
     Unexpended funds transferred pursuant to this section shall 
     be used only for the purposes for which the funds were 
     originally authorized and appropriated.
       (c) Legal Documents.--All orders, determinations, rules, 
     regulations, permits, grants, loans, contracts, recognition 
     of labor organizations, agreements, including collective 
     bargaining agreements, certificates, licenses, and 
     privileges--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the President, the Attorney General, the 
     Commissioner of the Immigration and Naturalization Service, 
     their delegates, or any other Government official, or by a 
     court of competent jurisdiction, in the performance of any 
     function that is transferred pursuant to this section; and
       (2) that are in effect on the effective date of such 
     transfer (or become effective after such date pursuant to 
     their terms as in effect on such effective date);

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, any other authorized 
     official, a court of competent jurisdiction, or operation of 
     law, except that any collective bargaining agreement shall 
     remain in effect until the date of termination specified in 
     the agreement.
       (d) Proceedings.--
       (1) Pending.--The transfer of functions under subsection 
     (a) shall not affect any proceeding or any application for 
     any benefit, service, license, permit, certificate, or 
     financial assistance pending on the effective date of this 
     subtitle before an office whose functions are transferred 
     pursuant to this section, but such proceedings and 
     applications shall be continued.

[[Page 17145]]

       (2) Orders.--Orders shall be issued in such proceedings, 
     appeals shall be taken therefrom, and payments shall be made 
     pursuant to such orders, as if this Act had not been enacted, 
     and orders issued in any such proceeding shall continue in 
     effect until modified, terminated, superseded, or revoked by 
     a duly authorized official, by a court of competent 
     jurisdiction, or by operation of law.
       (3) Discontinuance or modification.--Nothing in this 
     section shall be considered to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this section had not 
     been enacted.
       (e) Suits.--This section shall not affect suits commenced 
     before the effective date of this subtitle, and in all such 
     suits, proceeding shall be had, appeals taken, and judgments 
     rendered in the same manner and with the same effect as if 
     this section had not been enacted.
       (f) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against the Department of Justice 
     or the Immigration and Naturalization Service, or by or 
     against any individual in the official capacity of such 
     individual as an officer or employee in connection with a 
     function transferred under this section, shall abate by 
     reason of the enactment of this Act.
       (g) Continuance of Suit With Substitution of Parties.--If 
     any Government officer in the official capacity of such 
     officer is party to a suit with respect to a function of the 
     officer, and pursuant to this section such function is 
     transferred to any other officer or office, then such suit 
     shall be continued with the other officer or the head of such 
     other office, as applicable, substituted or added as a party.
       (h) Administrative Procedure and Judicial Review.--Except 
     as otherwise provided by this title, any statutory 
     requirements relating to notice, hearings, action upon the 
     record, or administrative or judicial review that apply to 
     any function transferred pursuant to any provision of this 
     section shall apply to the exercise of such function by the 
     head of the office, and other officers of the office, to 
     which such function is transferred pursuant to such 
     provision.

     SEC. 1214. EFFECTIVE DATE.

       This subtitle shall take effect on the effective date of 
     division A of this Act.

   Subtitle B--Custody, Release, Family Reunification, and Detention

     SEC. 1221. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) Unaccompanied Children Found Along the United States 
     Border or at United States Ports of Entry.--
       (1) In general.--Subject to paragraph (2), if an 
     immigration officer finds an unaccompanied alien child who is 
     described in paragraph (2) at a land border or port of entry 
     of the United States and determines that such child is 
     inadmissible under the Immigration and Nationality Act, the 
     officer shall--
       (A) permit such child to withdraw the child's application 
     for admission pursuant to section 235(a)(4) of the 
     Immigration and Nationality Act; and
       (B) return such child to the child's country of nationality 
     or country of last habitual residence.
       (2) Special rule for contiguous countries.--
       (A) In general.--Any child who is a national or habitual 
     resident of a country that is contiguous with the United 
     States and that has an agreement in writing with the United 
     States providing for the safe return and orderly repatriation 
     of unaccompanied alien children who are nationals or habitual 
     residents of such country shall be treated in accordance with 
     paragraph (1), unless a determination is made on a case-by-
     case basis that--
       (i) such child has a fear of returning to the child's 
     country of nationality or country of last habitual residence 
     owing to a fear of persecution;
       (ii) the return of such child to the child's country of 
     nationality or country of last habitual residence would 
     endanger the life or safety of such child; or
       (iii) the child cannot make an independent decision to 
     withdraw the child's application for admission due to age or 
     other lack of capacity.
       (B) Right of consultation.--Any child described in 
     subparagraph (A) shall have the right to consult with a 
     consular officer from the child's country of nationality or 
     country of last habitual residence prior to repatriation, as 
     well as consult with the Office, telephonically, and such 
     child shall be informed of that right.
       (3) Rule for apprehensions at the border.--The custody of 
     unaccompanied alien children not described in paragraph (2) 
     who are apprehended at the border of the United States or at 
     a United States port of entry shall be treated in accordance 
     with the provisions of subsection (b).
       (b) Custody of Unaccompanied Alien Children Found in the 
     Interior of the United States.--
       (1) Establishment of jurisdiction.--
       (A) In general.--Except as otherwise provided under 
     subsection (a) and subparagraphs (B) and (C), the custody of 
     all unaccompanied alien children, including responsibility 
     for their detention, where appropriate, shall be under the 
     jurisdiction of the Office.
       (B) Exception for children who have committed crimes.--
     Notwithstanding subparagraph (A), the Service shall retain or 
     assume the custody and care of any unaccompanied alien child 
     who--
       (i) has been charged with any felony, excluding offenses 
     proscribed by the Immigration and Nationality Act, while such 
     charges are pending; or
       (ii) has been convicted of any such felony.
       (C) Exception for children who threaten national 
     security.--Notwithstanding subparagraph (A), the Service 
     shall retain or assume the custody and care of an 
     unaccompanied alien child if the Secretary has substantial 
     evidence that such child endangers the national security of 
     the United States.
       (D) Trafficking victims.--For the purposes of this Act, an 
     unaccompanied alien child who is receiving services 
     authorized under the Victims of Trafficking and Violence 
     Protection Act of 2000 (Public Law 106-386), shall be 
     considered to be in the custody of the Office.
       (2) Notification.--Upon apprehension of an unaccompanied 
     alien child, the Secretary shall promptly notify the Office.
       (3) Transfer of unaccompanied alien children.--
       (A) Transfer to the office.--The care and custody of an 
     unaccompanied alien child shall be transferred to the 
     Office--
       (i) in the case of a child not described in paragraph (1) 
     (B) or (C), not later than 72 hours after the apprehension of 
     such child; or
       (ii) in the case of a child whose custody has been retained 
     or assumed by the Service pursuant to paragraph (1) (B) or 
     (C), immediately following a determination that the child no 
     longer meets the description set forth in such paragraph.
       (B) Transfer to the service.--Upon determining that a child 
     in the custody of the Office is described in paragraph (1) 
     (B) or (C), the Director shall promptly make arrangements to 
     transfer the care and custody of such child to the Service.
       (c) Age Determinations.--In any case in which the age of an 
     alien is in question and the resolution of questions about 
     such alien's age would affect the alien's eligibility for 
     treatment under the provisions of this title, a determination 
     of whether such alien meets the age requirements of this 
     title shall be made in accordance with the provisions of 
     section 1225.

     SEC. 1222. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN 
                   CHILDREN WITH RELATIVES IN THE UNITED STATES.

       (a) Placement Authority.--
       (1) Order of preference.--Subject to the Director's 
     discretion under paragraph (4) and section 1223(a)(2), an 
     unaccompanied alien child in the custody of the Office shall 
     be promptly placed with one of the following individuals in 
     the following order of preference:
       (A) A parent who seeks to establish custody, as described 
     in paragraph (3)(A).
       (B) A legal guardian who seeks to establish custody, as 
     described in paragraph (3)(A).
       (C) An adult relative.
       (D) An entity designated by the parent or legal guardian 
     that is capable and willing to care for the child's well-
     being.
       (E) A State-licensed juvenile shelter, group home, or 
     foster home willing to accept legal custody of the child.
       (F) A qualified adult or entity seeking custody of the 
     child when it appears that there is no other likely 
     alternative to long-term detention and family reunification 
     does not appear to be a reasonable alternative. For purposes 
     of this subparagraph, the qualification of the adult or 
     entity shall be decided by the Office.
       (2) Home study.--Notwithstanding the provisions of 
     paragraph (1), no unaccompanied alien child shall be placed 
     with a person or entity unless a valid home-study conducted 
     by an agency of the State of the child's proposed residence, 
     by an agency authorized by that State to conduct such a 
     study, or by an appropriate voluntary agency contracted with 
     the Office to conduct such studies has found that the person 
     or entity is capable of providing for the child's physical 
     and mental well-being.
       (3) Right of parent or legal guardian to custody of 
     unaccompanied alien child.--
       (A) Placement with parent or legal guardian.--If an 
     unaccompanied alien child is placed with any person or entity 
     other than a parent or legal guardian, but subsequent to that 
     placement a parent or legal guardian seeks to establish 
     custody, the Director shall assess the suitability of placing 
     the child with the parent or legal guardian and shall make a 
     written determination on the child's placement within 30 
     days.
       (B) Rule of construction.--Nothing in this title shall be 
     construed to--
       (i) supersede obligations under any treaty or other 
     international agreement to which the United States is a 
     party, including The Hague Convention on the Civil Aspects of 
     International Child Abduction, the Vienna Declaration and 
     Programme of Action, and the Declaration of the Rights of the 
     Child; or
       (ii) limit any right or remedy under such international 
     agreement.
       (4) Protection from smugglers and traffickers.--

[[Page 17146]]

       (A) Policies.--The Director shall establish policies to 
     ensure that unaccompanied alien children are protected from 
     smugglers, traffickers, or other persons seeking to victimize 
     or otherwise engage such children in criminal, harmful, or 
     exploitative activity.
       (B) Criminal investigations and prosecutions.--Any officer 
     or employee of the Office or the Department of Homeland 
     Security, and any grantee or contractor of the Office, who 
     suspects any individual of being involved in any activity 
     described in subparagraph (A) shall report such individual to 
     Federal or State prosecutors for criminal investigation and 
     prosecution.
       (C) Disciplinary action.--Any officer or employee of the 
     Office or the Department of Homeland Security, and any 
     grantee or contractor of the Office, who suspects an attorney 
     of being involved in any activity described in subparagraph 
     (A) shall report the individual to the State bar association 
     of which the attorney is a member or other appropriate 
     disciplinary authorities for appropriate disciplinary action 
     that may include private or public admonition or censure, 
     suspension, or disbarment of the attorney from the practice 
     of law.
       (5) Grants and contracts.--Subject to the availability of 
     appropriations, the Director is authorized to make grants to, 
     and enter into contracts with, voluntary agencies to carry 
     out the provisions of this section.
       (6) Reimbursement of state expenses.--Subject to the 
     availability of appropriations, the Director is authorized to 
     reimburse States for any expenses they incur in providing 
     assistance to unaccompanied alien children who are served 
     pursuant to this title.
       (b) Confidentiality.--All information obtained by the 
     Office relating to the immigration status of a person listed 
     in subsection (a) shall remain confidential and may be used 
     only for the purposes of determining such person's 
     qualifications under subsection (a)(1).

     SEC. 1223. APPROPRIATE CONDITIONS FOR DETENTION OF 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Standards for Placement.--
       (1) Prohibition of detention in certain facilities.--Except 
     as provided in paragraph (2), an unaccompanied alien child 
     shall not be placed in an adult detention facility or a 
     facility housing delinquent children.
       (2) Detention in appropriate facilities.--An unaccompanied 
     alien child who has exhibited a violent or criminal behavior 
     that endangers others may be detained in conditions 
     appropriate to the behavior in a facility appropriate for 
     delinquent children.
       (3) State licensure.--In the case of a placement of a child 
     with an entity described in section 1222(a)(1)(E), the entity 
     must be licensed by an appropriate State agency to provide 
     residential, group, child welfare, or foster care services 
     for dependent children.
       (4) Conditions of detention.--
       (A) In general.--The Director shall promulgate regulations 
     incorporating standards for conditions of detention in such 
     placements that provide for--
       (i) educational services appropriate to the child;
       (ii) medical care;
       (iii) mental health care, including treatment of trauma;
       (iv) access to telephones;
       (v) access to legal services;
       (vi) access to interpreters;
       (vii) supervision by professionals trained in the care of 
     children, taking into account the special cultural, 
     linguistic, and experiential needs of children in immigration 
     proceedings;
       (viii) recreational programs and activities;
       (ix) spiritual and religious needs; and
       (x) dietary needs.
       (B) Notification of children.--Such regulations shall 
     provide that all children are notified orally and in writing 
     of such standards.
       (b) Prohibition of Certain Practices.--The Director and the 
     Secretary shall develop procedures prohibiting the 
     unreasonable use of--
       (1) shackling, handcuffing, or other restraints on 
     children;
       (2) solitary confinement; or
       (3) pat or strip searches.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to supersede procedures favoring release of 
     children to appropriate adults or entities or placement in 
     the least secure setting possible, as defined in the 
     Stipulated Settlement Agreement under Flores v. Reno.

     SEC. 1224. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.

       (a) Country Conditions.--
       (1) Sense of congress.--It is the sense of Congress that, 
     to the extent consistent with the treaties and other 
     international agreements to which the United States is a 
     party and to the extent practicable, the United States 
     Government should undertake efforts to ensure that it does 
     not repatriate children in its custody into settings that 
     would threaten the life and safety of such children.
       (2) Assessment of conditions.--
       (A) In general.--The Office shall conduct assessments of 
     country conditions to determine the extent to which the 
     country to which a child is being repatriated has a child 
     welfare system capable of ensuring the child's well being.
       (B) Factors for assessment.--In assessing country 
     conditions, the Office shall, to the maximum extent 
     practicable, examine the conditions specific to the locale of 
     the child's repatriation.
       (b) Report on Repatriation of Unaccompanied Alien 
     Children.--Beginning not later than 18 months after the date 
     of enactment of this Act, and annually thereafter, the 
     Director shall submit a report to the Judiciary Committees of 
     the House of Representatives and Senate on the Director's 
     efforts to repatriate unaccompanied alien children. Such 
     report shall include at a minimum the following information:
       (1) The number of unaccompanied alien children ordered 
     removed and the number of such children actually removed from 
     the United States.
       (2) A description of the type of immigration relief sought 
     and denied to such children.
       (3) A statement of the nationalities, ages, and gender of 
     such children.
       (4) A description of the procedures used to effect the 
     removal of such children from the United States.
       (5) A description of steps taken to ensure that such 
     children were safely and humanely repatriated to their 
     country of origin.
       (6) Any information gathered in assessments of country and 
     local conditions pursuant to subsection (a)(2).

     SEC. 1225. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN 
                   CHILD.

       The Director shall develop procedures that permit the 
     presentation and consideration of a variety of forms of 
     evidence, including testimony of a child and other persons, 
     to determine an unaccompanied alien child's age for purposes 
     of placement, custody, parole, and detention. Such procedures 
     shall allow the appeal of a determination to an immigration 
     judge. Radiographs shall not be the sole means of determining 
     age.

     SEC. 1226. EFFECTIVE DATE.

       This subtitle shall take effect 90 days after the effective 
     date of division A of this Act.

  Subtitle C--Access by Unaccompanied Alien Children to Guardians Ad 
                           Litem and Counsel

     SEC. 1231. RIGHT OF UNACCOMPANIED ALIEN CHILDREN TO GUARDIANS 
                   AD LITEM.

       (a) Guardian Ad Litem.--
       (1) Appointment.--The Director shall appoint a guardian ad 
     litem who meets the qualifications described in paragraph (2) 
     for each unaccompanied alien child in the custody of the 
     Office not later than 72 hours after the Office assumes 
     physical or constructive custody of such child. The Director 
     is encouraged, wherever practicable, to contract with a 
     voluntary agency for the selection of an individual to be 
     appointed as a guardian ad litem under this paragraph.
       (2) Qualifications of guardian ad litem.--
       (A) In general.--No person shall serve as a guardian ad 
     litem unless such person--
       (i) is a child welfare professional or other individual who 
     has received training in child welfare matters; and
       (ii) possesses special training on the nature of problems 
     encountered by unaccompanied alien children.
       (B) Prohibition.--A guardian ad litem shall not be an 
     employee of the Service.
       (3) Duties.--The guardian ad litem shall--
       (A) conduct interviews with the child in a manner that is 
     appropriate, taking into account the child's age;
       (B) investigate the facts and circumstances relevant to 
     such child's presence in the United States, including facts 
     and circumstances arising in the country of the child's 
     nationality or last habitual residence and facts and 
     circumstances arising subsequent to the child's departure 
     from such country;
       (C) work with counsel to identify the child's eligibility 
     for relief from removal or voluntary departure by sharing 
     with counsel information collected under subparagraph (B);
       (D) develop recommendations on issues relative to the 
     child's custody, detention, release, and repatriation;
       (E) ensure that the child's best interests are promoted 
     while the child participates in, or is subject to, 
     proceedings or actions under the Immigration and Nationality 
     Act;
       (F) ensure that the child understands such determinations 
     and proceedings; and
       (G) report findings and recommendations to the Director and 
     to the Executive Office of Immigration Review (or successor 
     entity).
       (4) Termination of appointment.--The guardian ad litem 
     shall carry out the duties described in paragraph (3) until--
       (A) those duties are completed,
       (B) the child departs the United States,
       (C) the child is granted permanent resident status in the 
     United States,
       (D) the child attains the age of 18, or
       (E) the child is placed in the custody of a parent or legal 
     guardian,

     whichever occurs first.
       (5) Powers.--The guardian ad litem--
       (A) shall have reasonable access to the child, including 
     access while such child is being held in detention or in the 
     care of a foster family;
       (B) shall be permitted to review all records and 
     information relating to such proceedings that are not deemed 
     privileged or classified;

[[Page 17147]]

       (C) may seek independent evaluations of the child;
       (D) shall be notified in advance of all hearings involving 
     the child that are held in connection with proceedings under 
     the Immigration and Nationality Act, and shall be given a 
     reasonable opportunity to be present at such hearings; and
       (E) shall be permitted to consult with the child during any 
     hearing or interview involving such child.
       (b) Training.--The Director shall provide professional 
     training for all persons serving as guardians ad litem under 
     this section in the circumstances and conditions that 
     unaccompanied alien children face as well as in the various 
     immigration benefits for which such a child might be 
     eligible.

     SEC. 1232. RIGHT OF UNACCOMPANIED ALIEN CHILDREN TO COUNSEL.

       (a) Access to Counsel.--
       (1) In general.--The Director shall ensure that all 
     unaccompanied alien children in the custody of the Office or 
     in the custody of the Service who are not described in 
     section 1221(a)(2) shall have competent counsel to represent 
     them in immigration proceedings or matters.
       (2) Pro bono representation.--To the maximum extent 
     practicable, the Director shall utilize the services of pro 
     bono attorneys who agree to provide representation to such 
     children without charge.
       (3) Government funded representation.--
       (A) Appointment of competent counsel.--Notwithstanding 
     section 292 of the Immigration and Nationality Act (8 U.S.C. 
     1362) or any other provision of law, when no competent 
     counsel is available to represent an unaccompanied alien 
     child without charge, the Director shall appoint competent 
     counsel for such child at the expense of the Government.
       (B) Limitation on attorney fees.--Counsel appointed under 
     subparagraph (A) may not be compensated at a rate in excess 
     of the rate provided under section 3006A of title 18, United 
     States Code.
       (C) Assumption of the cost of government-paid counsel.--In 
     the case of a child for whom counsel is appointed under 
     subparagraph (A) who is subsequently placed in the physical 
     custody of a parent or legal guardian, such parent or legal 
     guardian may elect to retain the same counsel to continue 
     representation of the child, at no expense to the Government, 
     beginning on the date that the parent or legal guardian 
     assumes physical custody of the child.
       (4) Development of necessary infrastructures and systems.--
     In ensuring that legal representation is provided to such 
     children, the Director shall develop the necessary mechanisms 
     to identify entities available to provide such legal 
     assistance and representation and to recruit such entities.
       (5) Contracting and grant making authority.--
       (A) In general.--Subject to the availability of 
     appropriations, the Director shall enter into contracts with 
     or make grants to national nonprofit agencies with relevant 
     expertise in the delivery of immigration-related legal 
     services to children in order to carry out this subsection.
       (B) Ineligibility for grants and contracts.--In making 
     grants and entering into contracts with such agencies, the 
     Director shall ensure that no such agency receiving funds 
     under this subsection is a grantee or contractee for more 
     than one of the following services:
       (i) Services provided under section 1222.
       (ii) Services provided under section 1231.
       (iii) Services provided under paragraph (2).
       (iv) Services provided under paragraph (3).
       (b) Requirement of Legal Representation.--The Director 
     shall ensure that all unaccompanied alien children have legal 
     representation within 7 days of the child coming into Federal 
     custody.
       (c) Duties.--Counsel shall represent the unaccompanied 
     alien child all proceedings and actions relating to the 
     child's immigration status or other actions involving the 
     Service and appear in person for all individual merits 
     hearings before the Executive Office for Immigration Review 
     (or its successor entity) and interviews involving the 
     Service.
       (d) Access to Child.--
       (1) In general.--Counsel shall have reasonable access to 
     the unaccompanied alien child, including access while the 
     child is being held in detention, in the care of a foster 
     family, or in any other setting that has been determined by 
     the Office.
       (2) Restriction on transfers.--Absent compelling and 
     unusual circumstances, no child who is represented by counsel 
     shall be transferred from the child's placement to another 
     placement unless advance notice of at least 24 hours is made 
     to counsel of such transfer.
       (e) Termination of Appointment.--Counsel shall carry out 
     the duties described in subsection (c) until--
       (1) those duties are completed,
       (2) the child departs the United States,
       (3) the child is granted withholding of removal under 
     section 241(b)(3) of the Immigration and Nationality Act,
       (4) the child is granted protection under the Convention 
     Against Torture,
       (5) the child is granted asylum in the United States under 
     section 208 of the Immigration and Nationality Act,
       (6) the child is granted permanent resident status in the 
     United States, or
       (7) the child attains 18 years of age,
     whichever occurs first.
       (f) Notice to Counsel During Immigration Proceedings.--
       (1) In general.--Except when otherwise required in an 
     emergency situation involving the physical safety of the 
     child, counsel shall be given prompt and adequate notice of 
     all immigration matters affecting or involving an 
     unaccompanied alien child, including adjudications, 
     proceedings, and processing, before such actions are taken.
       (2) Opportunity to consult with counsel.--An unaccompanied 
     alien child in the custody of the Office may not give consent 
     to any immigration action, including consenting to voluntary 
     departure, unless first afforded an opportunity to consult 
     with counsel.
       (g) Access to Recommendations of Guardian Ad Litem.--
     Counsel shall be afforded an opportunity to review the 
     recommendation by the guardian ad litem affecting or 
     involving a client who is an unaccompanied alien child.

     SEC. 1233. EFFECTIVE DATE; APPLICABILITY.

       (a) Effective Date.--This subtitle shall take effect 180 
     days after the effective date of division A of this Act.
       (b) Applicability.--The provisions of this subtitle shall 
     apply to all unaccompanied alien children in Federal custody 
     on, before, or after the effective date of this subtitle.

 Subtitle D--Strengthening Policies for Permanent Protection of Alien 
                                Children

     SEC. 1241. SPECIAL IMMIGRANT JUVENILE VISA.

       (a) J Visa.--Section 101(a)(27)(J) (8 U.S.C. 
     1101(a)(27)(J)) is amended to read as follows:
       ``(J) an immigrant under the age of 18 on the date of 
     application who is present in the United States--
       ``(i) who has been declared dependent on a juvenile court 
     located in the United States or whom such a court has legally 
     committed to, or placed under the custody of, a department or 
     agency of a State, or an individual or entity appointed by a 
     State, and who has been deemed eligible by that court for 
     long-term foster care due to abuse, neglect, or abandonment, 
     or a similar basis found under State law;
       ``(ii) for whom it has been determined in administrative or 
     judicial proceedings that it would not be in the alien's best 
     interest to be returned to the alien's or parent's previous 
     country of nationality or country of last habitual residence; 
     and
       ``(iii) for whom the Office of Refugee Resettlement of the 
     Department of Health and Human Services has certified to the 
     Under Secretary of Homeland Security for Immigration Affairs 
     (or, prior to the effective date of title XI of the National 
     Homeland Security and Combatting Terrorism Act of 2002, the 
     Attorney General) that the classification of an alien as a 
     special immigrant under this subparagraph has not been made 
     solely to provide an immigration benefit to that alien;

     except that no natural parent or prior adoptive parent of any 
     alien provided special immigrant status under this 
     subparagraph shall thereafter, by virtue of such parentage, 
     be accorded any right, privilege, or status under this 
     Act;''.
       (b) Adjustment of Status.--Section 245(h)(2) (8 U.S.C. 
     1255(h)(2)) is amended--
       (1) by amending subparagraph (A) to read as follows:
       ``(A) paragraphs (1), (4), (5), (6), and (7)(A) of section 
     212(a) shall not apply,'';
       (2) in subparagraph (B), by striking the period and 
     inserting ``, and''; and
       (3) by adding at the end the following new subparagraph:
       ``(C) the Secretary of Homeland Security (or, prior to the 
     effective date of title XI of the National Homeland Security 
     and Combatting Terrorism Act of 2002, the Attorney General) 
     may waive paragraph (2) (A) and (B) in the case of an offense 
     which arose as a consequence of the child being 
     unaccompanied.''.
       (c) Eligibility for Assistance.--A child who has been 
     granted relief under section 101(a)(27)(J) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(27)(J)), as amended by 
     subsection (a), shall be eligible for all funds made 
     available under section 412(d) of such Act until such time as 
     the child attains the age designated in section 412(d)(2)(B) 
     of such Act (8 U.S.C. 1522(d)(2)(B)), or until the child is 
     placed in a permanent adoptive home, whichever occurs first.

     SEC. 1242. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE PARTIES 
                   WHO COME INTO CONTACT WITH UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) Training of State and Local Officials and Certain 
     Private Parties.--The Secretary of Health and Human Services, 
     acting jointly with the Secretary, shall provide appropriate 
     training to be available to State and county officials, child 
     welfare specialists, teachers, public counsel, and juvenile 
     judges who come into contact with unaccompanied alien 
     children. The training shall provide education on the 
     processes pertaining to unaccompanied alien children with 
     pending immigration status and on the forms of relief 
     potentially available. The Director shall be responsible for 
     establishing a core curriculum that can be incorporated

[[Page 17148]]

     into currently existing education, training, or orientation 
     modules or formats that are currently used by these 
     professionals.
       (b) Training of Service Personnel.--The Secretary, acting 
     jointly with the Secretary of Health and Human Services, 
     shall provide specialized training to all personnel of the 
     Service who come into contact with unaccompanied alien 
     children. In the case of Border Patrol agents and immigration 
     inspectors, such training shall include specific training on 
     identifying children at the United States border or at United 
     States ports of entry who have been victimized by smugglers 
     or traffickers, and children for whom asylum or special 
     immigrant relief may be appropriate, including children 
     described in section 1221(a)(2).

     SEC. 1243. EFFECTIVE DATE.

       The amendment made by section 1241 shall apply to all 
     eligible children who were in the United States before, on, 
     or after the date of enactment of this Act.

            Subtitle E--Children Refugee and Asylum Seekers

     SEC. 1251. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.

       (a) Sense of Congress.--Congress commends the Service for 
     its issuance of its ``Guidelines for Children's Asylum 
     Claims'', dated December 1998, and encourages and supports 
     the Service's implementation of such guidelines in an effort 
     to facilitate the handling of children's asylum claims. 
     Congress calls upon the Executive Office for Immigration 
     Review of the Department of Justice (or successor entity) to 
     adopt the ``Guidelines for Children's Asylum Claims'' in its 
     handling of children's asylum claims before immigration 
     judges and the Board of Immigration Appeals.
       (b) Training.--The Secretary shall provide periodic 
     comprehensive training under the ``Guidelines for Children's 
     Asylum Claims'' to asylum officers, immigration judges, 
     members of the Board of Immigration Appeals, and immigration 
     officers who have contact with children in order to 
     familiarize and sensitize such officers to the needs of 
     children asylum seekers. Voluntary agencies shall be allowed 
     to assist in such training.

     SEC. 1252. UNACCOMPANIED REFUGEE CHILDREN.

       (a) Identifying Unaccompanied Refugee Children.--Section 
     207(e) (8 U.S.C. 1157(e)) is amended--
       (1) by redesignating paragraphs (3), (4), (5), (6), and (7) 
     as paragraphs (4), (5), (6), (7), and (8), respectively; and
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) An analysis of the worldwide situation faced by 
     unaccompanied refugee children, by region. Such analysis 
     shall include an assessment of--
       ``(A) the number of unaccompanied refugee children, by 
     region;
       ``(B) the capacity of the Department of State to identify 
     such refugees;
       ``(C) the capacity of the international community to care 
     for and protect such refugees;
       ``(D) the capacity of the voluntary agency community to 
     resettle such refugees in the United States;
       ``(E) the degree to which the United States plans to 
     resettle such refugees in the United States in the coming 
     fiscal year; and
       ``(F) the fate that will befall such unaccompanied refugee 
     children for whom resettlement in the United States is not 
     possible.''.
       (b) Training on the Needs of Unaccompanied Refugee 
     Children.--Section 207(f)(2) (8 U.S.C. 1157(f)(2)) is amended 
     by--
       (1) striking ``and'' after ``countries,''; and
       (2) inserting before the period at the end the following: 
     ``, and instruction on the needs of unaccompanied refugee 
     children''.
       (c) Model Guidelines on Legal Representation of Children.--
       (1) Development of guidelines.--The Executive Office for 
     Immigration Review (or its successor entity), in consultation 
     with voluntary agencies and national experts, shall develop 
     model guidelines for the legal representation of alien 
     children in immigration proceedings based on the children's 
     asylum guidelines, the American Bar Association Model Rules 
     of Professional Conduct, and other relevant domestic or 
     international sources.
       (2) Purpose of guidelines.--Such guidelines shall be 
     designed to help protect a child from any individual 
     suspected of involvement in any criminal, harmful, or 
     exploitative activity associated with the smuggling or 
     trafficking of children, while ensuring the fairness of the 
     removal proceeding in which the child is involved.
       (3) Implementation.--The Executive Office for Immigration 
     Review (or its successor entity) shall adopt such guidelines 
     and submit them for adoption by national, State, and local 
     bar associations.

              Subtitle F--Authorization of Appropriations

     SEC. 1261. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as may be necessary to carry out the provisions of 
     this title.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to subsection (a) are authorized to remain available until 
     expended.
                                 ______
                                 
  SA 4642. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BLAST-RESISTANT CARGO CONTAINER TECHNOLOGY.

       Not later than 6 months after the date of enactment of this 
     Act, the Administrator of the Transportation Security 
     Administration shall submit a report to Congress that--
       (1) evaluates blast-resistant cargo container technology to 
     protect against explosives in passenger luggage and cargo;
       (2) examines the advantages associated with this technology 
     in preventing the damage and loss of aircraft from terrorist 
     action, any operational impacts which may result 
     (particularly added weight and costs) and whether 
     alternatives exist to mitigate such impacts, and options 
     available to pay for this technology;
       (3) assesses if and how soon this technology can be 
     employed and whether a phase-in period is necessary; and
       (4) if a phase-in period is determined to be necessary, 
     recommends a phase-in schedule that is feasible.
                                 ______
                                 
  SA 4643. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 130, strike line 20 and insert the following:

     locomotives;
       (4) $20,000,000 for grants to finance the cost of facility 
     security hardening and relocation; and
       (5) $2,000,000 for technological improvements for enhanced 
     border crossings.
                                 ______
                                 
  SA 4644. Mr. BYRD proposed an amendment to amendment SA 4471 proposed 
by Mr. Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; as follows:

       On page 7, line 4, strike all through page 173, line 14, 
     and insert the following:

     SEC. 100. DEFINITIONS.

       Unless the context clearly indicates otherwise, the 
     following shall apply for purposes of this division:
       (1) Agency.--Except for purposes of subtitle E of title I, 
     the term ``agency''--
       (A) means--
       (i) an Executive agency as defined under section 105 of 
     title 5, United States Code;
       (ii) a military department as defined under section 102 of 
     title 5, United States Code;
       (iii) the United States Postal Service; and
       (B) does not include the General Accounting Office.
       (2) Assets.--The term ``assets'' includes contracts, 
     facilities, property, records, unobligated or unexpended 
     balances of appropriations, and other funds or resources 
     (other than personnel).
       (3) Department.--The term ``Department'' means the 
     Department of Homeland Security established under title I.
       (4) 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.
       (5) Functions.--The term ``functions'' includes 
     authorities, powers, rights, privileges, immunities, 
     programs, projects, activities, duties, responsibilities, and 
     obligations.
       (6) Homeland.--The term ``homeland'' means the United 
     States, in a geographic sense.
       (7) Homeland security.--The term ``homeland security'' 
     means a concerted national effort to--
       (A) prevent terrorist attacks within the United States;
       (B) reduce America's vulnerability to terrorism; and
       (C) minimize the damage and recover from terrorist attacks 
     that do occur.
       (8) Local government.--The term ``local government'' has 
     the meaning given under section 102(6) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (Public 
     Law 93-288).
       (9) Risk analysis and risk management.--The term ``risk 
     analysis and risk management'' means the assessment, 
     analysis, management, mitigation, and communication of 
     homeland security threats, vulnerabilities, criticalities, 
     and risks.
       (10) Personnel.--The term ``personnel'' means officers and 
     employees.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

[[Page 17149]]

       (12) United States.--The term ``United States'', when used 
     in a geographic sense, means any State (within the meaning of 
     section 102(4) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (Public Law 93-288)), any possession 
     of the United States, and any waters within the jurisdiction 
     of the United States.

                TITLE I--DEPARTMENT OF HOMELAND SECURITY

    Subtitle A--Establishment of the Department of Homeland Security

     SEC. 101. ESTABLISHMENT OF THE DEPARTMENT OF HOMELAND 
                   SECURITY.

       (a) In General.--There is established the Department of 
     National Homeland Security.
       (b) Executive Department.--Section 101 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``The Department of Homeland Security.''.
       (c) Mission of Department.--
       (1) Homeland security.--The mission of the Department is 
     to--
       (A) promote homeland security, particularly with regard to 
     terrorism;
       (B) prevent terrorist attacks or other homeland threats 
     within the United States;
       (C) reduce the vulnerability of the United States to 
     terrorism, natural disasters, and other homeland threats; and
       (D) minimize the damage, and assist in the recovery, from 
     terrorist attacks or other natural or man-made crises that 
     occur within the United States.
       (2) Other missions.--The Department shall be responsible 
     for carrying out the other functions, and promoting the other 
     missions, of entities transferred to the Department as 
     provided by law.
       (d) Seal.--The Secretary shall procure a proper seal, with 
     such suitable inscriptions and devices as the President shall 
     approve. This seal, to be known as the official seal of the 
     Department of Homeland Security, shall be kept and used to 
     verify official documents, under such rules and regulations 
     as the Secretary may prescribe. Judicial notice shall be 
     taken of the seal.

     SEC. 102. SECRETARY OF HOMELAND SECURITY.

       (a) In General.--The Secretary of Homeland Security shall 
     be the head of the Department. The Secretary shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate. All authorities, functions, and 
     responsibilities transferred to the Department shall be 
     vested in the Secretary.
       (b) Responsibilities.--The responsibilities of the 
     Secretary shall be the following:
       (1) To develop policies, goals, objectives, priorities, and 
     plans for the United States for the promotion of homeland 
     security, particularly with regard to terrorism.
       (2) To administer, carry out, and promote the other 
     established missions of the entities transferred to the 
     Department.
       (3) To develop a comprehensive strategy for combating 
     terrorism and the homeland security response.
       (4) To make budget recommendations relating to the border 
     and transportation security, infrastructure protection, 
     emergency preparedness and response, science and technology 
     promotion related to homeland security, and Federal support 
     for State and local activities.
       (5) To plan, coordinate, and integrate those Federal 
     Government activities relating to border and transportation 
     security, critical infrastructure protection, all-hazards 
     emergency preparedness, response, recovery, and mitigation.
       (6) To serve as a national focal point to analyze all 
     information available to the United States related to threats 
     of terrorism and other homeland threats.
       (7) To establish and manage a comprehensive risk analysis 
     and risk management program that directs and coordinates the 
     supporting risk analysis and risk management activities of 
     the Directorates and ensures coordination with entities 
     outside the Department engaged in such activities.
       (8) To identify and promote key scientific and 
     technological advances that will enhance homeland security.
       (9) To include, as appropriate, State and local governments 
     and other entities in the full range of activities undertaken 
     by the Department to promote homeland security, including--
       (A) providing State and local government personnel, 
     agencies, and authorities, with appropriate intelligence 
     information, including warnings, regarding threats posed by 
     terrorism in a timely and secure manner;
       (B) facilitating efforts by State and local law enforcement 
     and other officials to assist in the collection and 
     dissemination of intelligence information and to provide 
     information to the Department, and other agencies, in a 
     timely and secure manner;
       (C) coordinating with State, regional, and local government 
     personnel, agencies, and authorities and, as appropriate, 
     with the private sector, other entities, and the public, to 
     ensure adequate planning, team work, coordination, 
     information sharing, equipment, training, and exercise 
     activities; and
       (D) systematically identifying and removing obstacles to 
     developing effective partnerships between the Department, 
     other agencies, and State, regional, and local government 
     personnel, agencies, and authorities, the private sector, 
     other entities, and the public to secure the homeland.
       (10)(A) To consult and coordinate with the Secretary of 
     Defense and make recommendations concerning organizational 
     structure, equipment, and positioning of military assets 
     determined critical to homeland security.
       (B) To consult and coordinate with the Secretary of Defense 
     regarding the training of personnel to respond to terrorist 
     attacks involving chemical or biological agents.
       (11) To seek to ensure effective day-to-day coordination of 
     homeland security operations, and establish effective 
     mechanisms for such coordination, among the elements 
     constituting the Department and with other involved and 
     affected Federal, State, and local departments and agencies.
       (12) To administer the Homeland Security Advisory System, 
     exercising primary responsibility for public threat 
     advisories, and (in coordination with other agencies) 
     providing specific warning information to State and local 
     government personnel, agencies and authorities, the private 
     sector, other entities, and the public, and advice about 
     appropriate protective actions and countermeasures.
       (13) To conduct exercise and training programs for 
     employees of the Department and other involved agencies, and 
     establish effective command and control procedures for the 
     full range of potential contingencies regarding United States 
     homeland security, including contingencies that require the 
     substantial support of military assets.
       (14) To annually review, update, and amend the Federal 
     response plan for homeland security and emergency 
     preparedness with regard to terrorism and other manmade and 
     natural disasters.
       (15) To direct the acquisition and management of all of the 
     information resources of the Department, including 
     communications resources.
       (16) To endeavor to make the information technology systems 
     of the Department, including communications systems, 
     effective, efficient, secure, and appropriately 
     interoperable.
       (17) In furtherance of paragraph (16), to oversee and 
     ensure the development and implementation of an enterprise 
     architecture for Department-wide information technology, with 
     timetables for implementation.
       (18) As the Secretary considers necessary, to oversee and 
     ensure the development and implementation of updated versions 
     of the enterprise architecture under paragraph (17).
       (19) To report to Congress on the development and 
     implementation of the enterprise architecture under paragraph 
     (17) in--
       (A) each implementation progress report required under 
     section 182; and
       (B) each biennial report required under section 192(b).
       (c) Membership on the National Security Council.--Section 
     101(a) of the National Security Act of 1947 (50 U.S.C. 
     402(a)) is amended in the fourth sentence by striking 
     paragraphs (5), (6), and (7) and inserting the following:
       ``(5) the Secretary of Homeland Security; and
       ``(6) each Secretary or Under Secretary of such other 
     executive department, or of a military department, as the 
     President shall designate.''.

     SEC. 103. DEPUTY SECRETARY OF HOMELAND SECURITY.

       (a) In General.--There shall be in the Department a Deputy 
     Secretary of Homeland Security, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       (b) Responsibilities.--The Deputy Secretary of Homeland 
     Security shall--
       (1) assist the Secretary in the administration and 
     operations of the Department;
       (2) perform such responsibilities as the Secretary shall 
     prescribe; and
       (3) act as the Secretary during the absence or disability 
     of the Secretary or in the event of a vacancy in the office 
     of the Secretary.

     SEC. 104. UNDER SECRETARY FOR MANAGEMENT.

       (a) In General.--There shall be in the Department an Under 
     Secretary for Management, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       (b) Responsibilities.--The Under Secretary for Management 
     shall report to the Secretary, who may assign to the Under 
     Secretary such functions related to the management and 
     administration of the Department as the Secretary may 
     prescribe, including--
       (1) the budget, appropriations, expenditures of funds, 
     accounting, and finance;
       (2) procurement;
       (3) human resources and personnel;
       (4) information technology and communications systems;
       (5) facilities, property, equipment, and other material 
     resources;
       (6) security for personnel, information technology and 
     communications systems, facilities, property, equipment, and 
     other material resources; and
       (7) identification and tracking of performance measures 
     relating to the responsibilities of the Department.

     SEC. 105. ASSISTANT SECRETARIES.

       (a) In general.--There shall be in the Department not more 
     than 5 Assistant Secretaries (not including the 2 Assistant 
     Secretaries appointed under division B), each of whom shall 
     be appointed by the President,

[[Page 17150]]

     by and with the advice and consent of the Senate.
       (b) Responsibilities.--
       (1) In general.--Whenever the President submits the name of 
     an individual to the Senate for confirmation as an Assistant 
     Secretary under this section, the President shall describe 
     the general responsibilities that such appointee will 
     exercise upon taking office.
       (2) Assignment.--Subject to paragraph (1), the Secretary 
     shall assign to each Assistant Secretary such functions as 
     the Secretary considers appropriate.

     SEC. 106. INSPECTOR GENERAL.

       (a) In General.--There shall be in the Department an 
     Inspector General. The Inspector General and the Office of 
     Inspector General shall be subject to the Inspector General 
     Act of 1978 (5 U.S.C. App.).
       (b) Establishment.--Section 11 of the Inspector General Act 
     of 1978 (5 U.S.C. App.) is amended--
       (1) in paragraph (1), by inserting ``Homeland Security,'' 
     after ``Health and Human Services,''; and
       (2) in paragraph (2), by inserting ``Homeland Security,'' 
     after ``Health and Human Services,''.
       (c) Review of the Department of Homeland Security.--The 
     Inspector General shall designate 1 official who shall--
       (1) review information and receive complaints alleging 
     abuses of civil rights and civil liberties by employees and 
     officials of the Department;
       (2) publicize, through the Internet, radio, television, and 
     newspaper advertisements--
       (A) information on the responsibilities and functions of 
     the official; and
       (B) instructions on how to contact the official; and
       (3) on a semi-annual basis, submit to Congress, for 
     referral to the appropriate committee or committees, a 
     report--
       (A) describing the implementation of this subsection;
       (B) detailing any civil rights abuses under paragraph (1); 
     and
       (C) accounting for the expenditure of funds to carry out 
     this subsection.
       (d) Additional Provisions With Respect to the Inspector 
     General of the Department of Homeland Security.--The 
     Inspector General Act of 1978 (5 U.S.C. App.) is amended--
       (1) by redesignating section 8I as section 8J; and
       (2) by inserting after section 8H the following:


   special provisions concerning the department of homeland security

       ``Sec. 8I. (a)(1) Notwithstanding the last 2 sentences of 
     section 3(a), the Inspector General of the Department of 
     Homeland Security (in this section referred to as the 
     ``Inspector General'') shall be under the authority, 
     direction, and control of the Secretary of Homeland Security 
     (in this section referred to as the ``Secretary'') with 
     respect to audits or investigations, or the issuance of 
     subpoenas, which require access to sensitive information 
     concerning--
       ``(A) intelligence or counterintelligence matters;
       ``(B) ongoing criminal investigations or proceedings;
       ``(C) undercover operations;
       ``(D) the identity of confidential sources, including 
     protected witnesses;
       ``(E) other matters the disclosure of which would 
     constitute a serious threat to the protection of any person 
     or property authorized protection by--
       ``(i) section 3056 of title 18, United States Code;
       ``(ii) section 202 of title 3, United States Code; or
       ``(iii) any provision of the Presidential Protection 
     Assistance Act of 1976 (18 U.S.C. 3056 note); or
       ``(F) other matters the disclosure of which would 
     constitute a serious threat to national security.
       ``(2) With respect to the information described under 
     paragraph (1), the Secretary may prohibit the Inspector 
     General from carrying out or completing any audit or 
     investigation, or from issuing any subpoena, after such 
     Inspector General has decided to initiate, carry out, or 
     complete such audit or investigation or to issue such 
     subpoena, if the Secretary determines that such prohibition 
     is necessary to--
       ``(A) prevent the disclosure of any information described 
     under paragraph (1);
       ``(B) preserve the national security; or
       ``(C) prevent significant impairment to the national 
     interests of the United States.
       ``(3) If the Secretary exercises any power under paragraph 
     (1) or (2), the Secretary shall notify the Inspector General 
     in writing (appropriately classified, if necessary) within 7 
     calendar days stating the reasons for such exercise. Within 
     30 days after receipt of any such notice, the Inspector 
     General shall transmit a copy of such notice, together with 
     such comments concerning the exercise of such power as the 
     Inspector General considers appropriate, to--
       ``(A) the President of the Senate;
       ``(B) the Speaker of the House of Representatives;
       ``(C) the Committee on Governmental Affairs of the Senate;
       ``(D) the Committee on Government Reform of the House of 
     Representatives; and
       ``(E) other appropriate committees or subcommittees of 
     Congress.
       ``(b)(1) In carrying out the duties and responsibilities 
     under this Act, the Inspector General shall have oversight 
     responsibility for the internal investigations and audits 
     performed by any other office performing internal 
     investigatory or audit functions in any subdivision of the 
     Department of Homeland Security.
       ``(2) The head of each other office described under 
     paragraph (1) shall promptly report to the Inspector General 
     the significant activities being carried out by such office.
       ``(3) Notwithstanding paragraphs (1) and (2), the Inspector 
     General may initiate, conduct, and supervise such audits and 
     investigations in the Department (including in any 
     subdivision referred to in paragraph (1)) as the Inspector 
     General considers appropriate.
       ``(4) If the Inspector General initiates an audit or 
     investigation under paragraph (3) concerning a subdivision 
     referred to in paragraph (1), the Inspector General may 
     provide the head of the other office performing internal 
     investigatory or audit functions in the subdivision with 
     written notice that the Inspector General has initiated such 
     an audit or investigation. If the Inspector General issues 
     such a notice, no other audit or investigation shall be 
     initiated into the matter under audit or investigation by the 
     Inspector General, and any other audit or investigation of 
     such matter shall cease.
       ``(c) Any report required to be transmitted by the 
     Secretary to the appropriate committees or subcommittees of 
     Congress under section 5(d) shall also be transmitted, within 
     the 7-day period specified under that subsection, to--
       ``(1) the President of the Senate;
       ``(2) the Speaker of the House of Representatives;
       ``(3) the Committee on Governmental Affairs of the Senate; 
     and
       ``(4) the Committee on Government Reform of the House of 
     Representatives.''.
       (e) Technical and Conforming Amendments.--The Inspector 
     General Act of 1978 (5 U.S.C. appendix) is amended--
       (1) in section 4(b), by striking ``8F'' each place it 
     appears and inserting ``8G''; and
       (2) in section 8J (as redesignated by subsection (c)(1)), 
     by striking ``or 8H'' and inserting ``, 8H, or 8I''.''

     SEC. 107. CHIEF FINANCIAL OFFICER.

       (a) In General.--There shall be in the Department a Chief 
     Financial Officer, who shall be appointed or designated in 
     the manner prescribed under section 901(a)(1) of title 31, 
     United States Code.
       (b) Establishment.--Section 901(b)(1) of title 31, United 
     States Code, is amended--
       (1) by redesignating subparagraphs (G) through (P) as 
     subparagraphs (H) through (Q), respectively; and
       (2) by inserting after subparagraph (F) the following:
       ``(G) The Department of Homeland Security.''.

     SEC. 108. CHIEF INFORMATION OFFICER.

       (a) In General.--There shall be in the Department a Chief 
     Information Officer, who shall be designated in the manner 
     prescribed under section 3506(a)(2)(A) of title 44, United 
     States Code.
       (b) Responsibilities.--The Chief Information Officer shall 
     assist the Secretary with Department-wide information 
     resources management and perform those duties prescribed by 
     law for chief information officers of agencies.

     SEC. 109. GENERAL COUNSEL.

       (a) In General.--There shall be in the Department a General 
     Counsel, who shall be appointed by the President, by and with 
     the advice and consent of the Senate.
       (b) Responsibilities.--The General Counsel shall--
       (1) serve as the chief legal officer of the Department;
       (2) provide legal assistance to the Secretary concerning 
     the programs and policies of the Department; and
       (3) advise and assist the Secretary in carrying out the 
     responsibilities under section 102(b).

     SEC. 110. CIVIL RIGHTS OFFICER.

       (a) In General.--There shall be in the Department a Civil 
     Rights Officer, who shall be appointed by the President, by 
     and with the advice and consent of the Senate.
       (b) Responsibilities.--The Civil Rights Officer shall be 
     responsible for--
       (1) ensuring compliance with all civil rights and related 
     laws and regulations applicable to Department employees and 
     participants in Department programs;
       (2) coordinating administration of all civil rights and 
     related laws and regulations within the Department for 
     Department employees and participants in Department programs;
       (3) assisting the Secretary, directorates, and offices with 
     the development and implementation of policies and procedures 
     that ensure that civil rights considerations are 
     appropriately incorporated and implemented in Department 
     programs and activities;
       (4) overseeing compliance with statutory and constitutional 
     requirements related to the civil rights of individuals 
     affected by the programs and activities of the Department; 
     and

[[Page 17151]]

       (5) notifying the Inspector General of any matter that, in 
     the opinion of the Civil Rights Officer, warrants further 
     investigation.

     SEC. 111. PRIVACY OFFICER.

       (a) In General.--There shall be in the Department a Privacy 
     Officer, who shall be appointed by the Secretary.
       (b) Responsibilities.--The Privacy Officer shall--
       (1) oversee compliance with section 552a of title 5, United 
     States Code (commonly referred to as the Privacy Act of 1974) 
     and all other applicable laws relating to the privacy of 
     personal information;
       (2) assist the Secretary, directorates, and offices with 
     the development and implementation of policies and procedures 
     that ensure that--
       (A) privacy considerations and safeguards are appropriately 
     incorporated and implemented in Department programs and 
     activities; and
       (B) any information received by the Department is used or 
     disclosed in a manner that minimizes the risk of harm to 
     individuals from the inappropriate disclosure or use of such 
     materials;
       (3) assist Department personnel with the preparation of 
     privacy impact assessments when required by law or considered 
     appropriate by the Secretary; and
       (4) notify the Inspector General of any matter that, in the 
     opinion of the Privacy Officer, warrants further 
     investigation.

     SEC. 112. CHIEF HUMAN CAPITAL OFFICER.

       (a) In General.--The Secretary shall appoint or designate a 
     Chief Human Capital Officer, who shall--
       (1) advise and assist the Secretary and other officers of 
     the Department in ensuring that the workforce of the 
     Department has the necessary skills and training, and that 
     the recruitment and retention policies of the Department 
     allow the Department to attract and retain a highly qualified 
     workforce, in accordance with all applicable laws and 
     requirements, to enable the Department to achieve its 
     missions;
       (2) oversee the implementation of the laws, rules and 
     regulations of the President and the Office of Personnel 
     Management governing the civil service within the Department; 
     and
       (3) advise and assist the Secretary in planning and 
     reporting under the Government Performance and Results Act of 
     1993 (including the amendments made by that Act), with 
     respect to the human capital resources and needs of the 
     Department for achieving the plans and goals of the 
     Department.
       (b) Responsibilities.--The responsibilities of the Chief 
     Human Capital Officer shall include--
       (1) setting the workforce development strategy of the 
     Department;
       (2) assessing workforce characteristics and future needs 
     based on the mission and strategic plan of the Department;
       (3) aligning the human resources policies and programs of 
     the Department with organization mission, strategic goals, 
     and performance outcomes;
       (4) developing and advocating a culture of continuous 
     learning to attract and retain employees with superior 
     abilities;
       (5) identifying best practices and benchmarking studies;
       (6) applying methods for measuring intellectual capital and 
     identifying links of that capital to organizational 
     performance and growth; and
       (7) providing employee training and professional 
     development.

     SEC. 113. OFFICE OF INTERNATIONAL AFFAIRS.

       (a) Establishment.--There is established within the Office 
     of the Secretary, an Office of International Affairs. The 
     Office shall be headed by a Director who shall be appointed 
     by the Secretary.
       (b) Responsibilities of the Director.--The Director shall 
     have the following responsibilities:
       (1) To promote information and education exchange with 
     foreign nations in order to promote sharing of best practices 
     and technologies relating to homeland security. Such 
     information exchange shall include--
       (A) joint research and development on countermeasures;
       (B) joint training exercises of first responders; and
       (C) exchange of expertise on terrorism prevention, 
     response, and crisis management.
       (2) To identify areas for homeland security information and 
     training exchange.
       (3) To plan and undertake international conferences, 
     exchange programs, and training activities.
       (4) To manage activities under this section and other 
     international activities within the Department in 
     consultation with the Department of State and other relevant 
     Federal officials.
       (5) To initially concentrate on fostering cooperation with 
     countries that are already highly focused on homeland 
     security issues and that have demonstrated the capability for 
     fruitful cooperation with the United States in the area of 
     counterterrorism.

     SEC. 114. EXECUTIVE SCHEDULE POSITIONS.

       (a) Executive Schedule Level I Position.--Section 5312 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``Secretary of Homeland Security.''.
       (b) Executive Schedule Level II Position.--Section 5313 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``Deputy Secretary of Homeland Security.''.
       (c) Executive Schedule Level III Position.--Section 5314 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``Under Secretary for Management, Department of Homeland 
     Security.''.
       (d) Executive Schedule Level IV Positions.--Section 5315 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``Assistant Secretaries of Homeland Security (5).
       ``Inspector General, Department of Homeland Security.
       ``Chief Financial Officer, Department of Homeland Security.
       ``Chief Information Officer, Department of Homeland 
     Security.
       ``General Counsel, Department of Homeland Security.''.

         Subtitle B--Establishment of Directorates and Offices

     SEC. 131. DIRECTORATE OF BORDER AND TRANSPORTATION 
                   PROTECTION.

       (a) Establishment.--There is established within the 
     Department the Directorate of Border and Transportation 
     Protection.
       (b) Under Secretary.--There shall be an Under Secretary for 
     Border and Transportation, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       (c) Exercise of Customs Revenue Authority.--
       (1) In general.--
       (A) Authorities not transferred.--Authority that was vested 
     in the Secretary of the Treasury by law to issue regulations 
     related to customs revenue functions before the effective 
     date of this section under the provisions of law set forth 
     under paragraph (2) shall not be transferred to the Secretary 
     by reason of this Act. The Secretary of the Treasury, with 
     the concurrence of the Secretary, shall exercise this 
     authority. The Commissioner of Customs is authorized to 
     engage in activities to develop and support the issuance of 
     the regulations described in this paragraph. The Secretary 
     shall be responsible for the implementation and enforcement 
     of regulations issued under this section.
       (B) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     submit a report to the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives of proposed conforming amendments to the 
     statutes set forth under paragraph (2) in order to determine 
     the appropriate allocation of legal authorities described 
     under this subsection. The Secretary of the Treasury shall 
     also identify those authorities vested in the Secretary of 
     the Treasury that are exercised by the Commissioner of 
     Customs on or before the effective date of this section.
       (C) Liability.--Neither the Secretary of the Treasury nor 
     the Department of the Treasury shall be liable for or named 
     in any legal action concerning the implementation and 
     enforcement of regulations issued under this paragraph on or 
     after the date on which the United States Customs Service is 
     transferred under this division.
       (2) Applicable laws.--The provisions of law referred to 
     under paragraph (1) are those sections of the following 
     statutes that relate to customs revenue functions:
       (A) The Tariff Act of 1930 (19 U.S.C. 1304 et seq.).
       (B) Section 249 of the Revised Statutes of the United 
     States (19 U.S.C. 3).
       (C) Section 2 of the Act of March 4, 1923 (19 U.S.C. 6).
       (D) Section 13031 of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c).
       (E) Section 251 of the Revised Statutes of the United 
     States (19 U.S.C. 66).
       (F) Section 1 of the Act of June 26, 1930 (19 U.S.C. 68).
       (G) The Foreign Trade Zones Act (19 U.S.C. 81a et seq.).
       (H) Section 1 of the Act of March 2, 1911 (19 U.S.C. 198).
       (I) The Trade Act of 1974 (19 U.S.C. 2101 et seq.).
       (J) The Trade Agreements Act of 1979 (19 U.S.C. 2502 et 
     seq.).
       (K) The North American Free Trade Agreement Implementation 
     Act (19 U.S.C. 3301 et seq.).
       (L) The Uruguay Round Agreements Act (19 U.S.C. 3501 et 
     seq.).
       (M) The Caribbean Basin Economic Recovery Act (19 U.S.C. 
     2701 et seq.).
       (N) The Andean Trade Preference Act (19 U.S.C. 3201 et 
     seq.).
       (O) The African Growth and Opportunity Act (19 U.S.C. 3701 
     et seq.).
       (P) Any other provision of law vesting customs revenue 
     functions in the Secretary of the Treasury.
       (3) Definition of customs revenue functions.--In this 
     subsection, the term ``customs revenue functions'' means--
       (A) assessing, collecting, and refunding duties (including 
     any special duties), excise taxes, fees, and any liquidated 
     damages or penalties due on imported merchandise, 
     including classifying and valuing merchandise

[[Page 17152]]

     and the procedures for ``entry'' as that term is defined 
     in the United States Customs laws;
       (B) administering section 337 of the Tariff Act of 1930 and 
     provisions relating to import quotas and the marking of 
     imported merchandise, and providing Customs Recordations for 
     copyrights, patents, and trademarks;
       (C) collecting accurate import data for compilation of 
     international trade statistics; and
       (D) administering reciprocal trade agreements and trade 
     preference legislation.
       (d) Preserving Coast Guard Mission Performance.--
       (1) Definitions.--In this subsection:
       (A) Non-homeland security missions.--The term ``non-
     homeland security missions'' means the following missions of 
     the Coast Guard:
       (i) Marine safety.
       (ii) Search and rescue.
       (iii) Aids to navigation.
       (iv) Living marine resources (fisheries law enforcement).
       (v) Marine environmental protection.
       (vi) Ice operations.
       (B) Homeland security missions.--The term ``homeland 
     security missions'' means the following missions of the Coast 
     Guard:
       (i) Ports, waterways and coastal security.
       (ii) Drug interdiction.
       (iii) Migrant interdiction.
       (iv) Defense readiness.
       (v) Other law enforcement.
       (2) Maintenance of status of functions and assets.--
     Notwithstanding any other provision of this Act, the 
     authorities, functions, assets, organizational structure, 
     units, personnel, and non-homeland security missions of the 
     Coast Guard shall be maintained intact and without reduction 
     after the transfer of the Coast Guard to the Department, 
     except as specified in subsequent Acts.
       (3) Certain transfers prohibited.--None of the missions, 
     functions, personnel, and assets (including for purposes of 
     this subsection ships, aircraft, helicopters, and vehicles) 
     of the Coast Guard may be transferred to the operational 
     control of, or diverted to the principal and continuing use 
     of, any other organization, unit, or entity of the 
     Department.
       (4) Changes to non-homeland security missions.--
       (A) Prohibition.--The Secretary may not make any 
     substantial or significant change to any of the non-homeland 
     security missions of the Coast Guard, or to the capabilities 
     of the Coast Guard to carry out each of the non-homeland 
     security missions, without the prior approval of Congress as 
     expressed in a subsequent Act.
       (B) Waiver.--The President may waive the restrictions under 
     subparagraph (A) for a period of not to exceed 90 days upon a 
     declaration and certification by the President to Congress 
     that a clear, compelling, and immediate state of national 
     emergency exists that justifies such a waiver. A 
     certification under this paragraph shall include a detailed 
     justification for the declaration and certification, 
     including the reasons and specific information that 
     demonstrate that the Nation and the Coast Guard cannot 
     respond effectively to the national emergency if the 
     restrictions under subparagraph (A) are not waived.
       (5) Annual review.--
       (A) In general.--The Inspector General of the Department 
     shall conduct an annual review that shall assess thoroughly 
     the performance by the Coast Guard of all missions of the 
     Coast Guard (including non-homeland security missions and 
     homeland security missions) with a particular emphasis on 
     examining the non-homeland security missions.
       (B) Report.--The report under this paragraph shall be 
     submitted not later than March 1 of each year to--
       (i) the Committee on Governmental Affairs of the Senate;
       (ii) the Committee on Government Reform of the House of 
     Representatives;
       (iii) the Committees on Appropriations of the Senate and 
     the House of Representatives;
       (iv) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (v) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (6) Direct reporting to secretary.--Upon the transfer of 
     the Coast Guard to the Department, the Commandant shall 
     report directly to the Secretary without being required to 
     report through any other official of the Department.
       (7) Operation as a service in the navy.--None of the 
     conditions and restrictions in this subsection shall apply 
     when the Coast Guard operates as a service in the Navy under 
     section 3 of title 14, United States Code.

     SEC. 132. DIRECTORATE OF INTELLIGENCE.

       (a) Establishment.--There is established within the 
     Department a Directorate of Intelligence which shall serve as 
     a national-level focal point for information available to the 
     United States Government relating to the plans, intentions, 
     and capabilities of terrorists and terrorist organizations 
     for the purpose of supporting the mission of the Department.
       (b) Under Secretary.--There shall be an Under Secretary for 
     Intelligence who shall be appointed by the President, by and 
     with the advice and consent of the Senate.

     SEC. 133. DIRECTORATE OF CRITICAL INFRASTRUCTURE PROTECTION.

       (a) Establishment.--There is established within the 
     Department the Directorate of Critical Infrastructure 
     Protection.
       (b) Under Secretary.--There shall be an Under Secretary for 
     Critical Infrastructure Protection, who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate.

     SEC. 134. DIRECTORATE OF EMERGENCY PREPAREDNESS AND RESPONSE.

       (a) Establishment.--There is established within the 
     Department the Directorate of Emergency Preparedness and 
     Response.
       (b) Under Secretary.--There shall be an Under Secretary for 
     Emergency Preparedness and Response, who shall be appointed 
     by the President, by and with the advice and consent of the 
     Senate.

     SEC. 135. DIRECTORATE OF SCIENCE AND TECHNOLOGY.

       (a) Establishment.--There is established within the 
     Department a Directorate of Science and Technology.
       (b) Under Secretary.--There shall be an Under Secretary for 
     Science and Technology, who shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The principal responsibility of the Under Secretary shall be 
     to effectively and efficiently carry out the purposes of the 
     Directorate of Science and Technology.

     SEC. 136. DIRECTORATE OF IMMIGRATION AFFAIRS.

       The Directorate of Immigration Affairs shall be established 
     and shall carry out all functions of that Directorate in 
     accordance with division B of this Act.

     SEC. 137. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION.

       (a) Establishment.--There is established within the Office 
     of the Secretary the Office for State and Local Government 
     Coordination, to oversee and coordinate departmental programs 
     for and relationships with State and local governments.
       (b) Responsibilities.--The Office established under 
     subsection (a) shall--
       (1) coordinate the activities of the Department relating to 
     State and local government;
       (2) assess, and advocate for, the resources needed by State 
     and local government to implement the national strategy for 
     combating terrorism;
       (3) provide State and local government with regular 
     information, research, and technical support to assist local 
     efforts at securing the homeland; and
       (4) develop a process for receiving meaningful input from 
     State and local government to assist the development of the 
     national strategy for combating terrorism and other homeland 
     security activities.
       (c) Homeland Security Liaison Officers.--
       (1) Chief homeland security liaison officer.--
       (A) Appointment.--The Secretary shall appoint a Chief 
     Homeland Security Liaison Officer to coordinate the 
     activities of the Homeland Security Liaison Officers, 
     designated under paragraph (2).
       (B) Annual report.--The Chief Homeland Security Liaison 
     Officer shall prepare an annual report, that contains--
       (i) a description of the State and local priorities in each 
     of the 50 States based on discovered needs of first responder 
     organizations, including law enforcement agencies, fire and 
     rescue agencies, medical providers, emergency service 
     providers, and relief agencies;
       (ii) a needs assessment that identifies homeland security 
     functions in which the Federal role is duplicative of the 
     State or local role, and recommendations to decrease or 
     eliminate inefficiencies between the Federal Government and 
     State and local entities;
       (iii) recommendations to Congress regarding the creation, 
     expansion, or elimination of any program to assist State and 
     local entities to carry out their respective functions under 
     the Department; and
       (iv) proposals to increase the coordination of Department 
     priorities within each State and between the States.
       (2) Homeland security liaison officers.--
       (A) Designation.--The Secretary shall designate in each 
     State not less than 1 employee of the Department to--
       (i) serve as the Homeland Security Liaison Officer in that 
     State; and
       (ii) provide coordination between the Department and State 
     and local first responders, including--

       (I) law enforcement agencies;
       (II) fire and rescue agencies;
       (III) medical providers;
       (IV) emergency service providers; and
       (V) relief agencies.

       (B) Duties.--Each Homeland Security Liaison Officer 
     designated under subparagraph (A) shall--
       (i) ensure coordination between the Department and--

       (I) State, local, and community-based law enforcement;
       (II) fire and rescue agencies; and
       (III) medical and emergency relief organizations;

[[Page 17153]]

       (ii) identify State and local areas requiring additional 
     information, training, resources, and security;
       (iii) provide training, information, and education 
     regarding homeland security for State and local entities;
       (iv) identify homeland security functions in which the 
     Federal role is duplicative of the State or local role, and 
     recommend ways to decrease or eliminate inefficiencies;
       (v) assist State and local entities in priority setting 
     based on discovered needs of first responder organizations, 
     including law enforcement agencies, fire and rescue agencies, 
     medical providers, emergency service providers, and relief 
     agencies;
       (vi) assist the Department to identify and implement State 
     and local homeland security objectives in an efficient and 
     productive manner; and
       (vii) serve as a liaison to the Department in representing 
     State and local priorities and concerns regarding homeland 
     security.
       (d) Federal Interagency Committee on First Responders.--
       (1) In General.--There is established an Interagency 
     Committee on First Responders, that shall--
       (A) ensure coordination among the Federal agencies involved 
     with--
       (i) State, local, and community-based law enforcement;
       (ii) fire and rescue operations; and
       (iii) medical and emergency relief services;
       (B) identify community-based law enforcement, fire and 
     rescue, and medical and emergency relief services needs;
       (C) recommend new or expanded grant programs to improve 
     community-based law enforcement, fire and rescue, and medical 
     and emergency relief services;
       (D) identify ways to streamline the process through which 
     Federal agencies support community-based law enforcement, 
     fire and rescue, and medical and emergency relief services; 
     and
       (E) assist in priority setting based on discovered needs.
       (2) Membership.--The Interagency Committee on First 
     Responders shall be composed of--
       (A) the Chief Homeland Security Liaison Officer of the 
     Department;
       (B) a representative of the Health Resources and Services 
     Administration of the Department of Health and Human 
     Services;
       (C) a representative of the Centers for Disease Control and 
     Prevention of the Department of Health and Human Services;
       (D) a representative of the Federal Emergency Management 
     Agency of the Department;
       (E) a representative of the United States Coast Guard of 
     the Department;
       (F) a representative of the Department of Defense;
       (G) a representative of the Office of Domestic Preparedness 
     of the Department;
       (H) a representative of the Directorate of Immigration 
     Affairs of the Department;
       (I) a representative of the Transportation Security Agency 
     of the Department;
       (J) a representative of the Federal Bureau of Investigation 
     of the Department of Justice; and
       (K) representatives of any other Federal agency identified 
     by the President as having a significant role in the purposes 
     of the Interagency Committee on First Responders.
       (3) Administration.--The Department shall provide 
     administrative support to the Interagency Committee on First 
     Responders and the Advisory Council, which shall include--
       (A) scheduling meetings;
       (B) preparing agenda;
       (C) maintaining minutes and records;
       (D) producing reports; and
       (E) reimbursing Advisory Council members.
       (4) Leadership.--The members of the Interagency Committee 
     on First Responders shall select annually a chairperson.
       (5) Meetings.--The Interagency Committee on First 
     Responders shall meet--
       (A) at the call of the Chief Homeland Security Liaison 
     Officer of the Department; or
       (B) not less frequently than once every 3 months.
       (e) Advisory Council for the Federal Interagency Committee 
     on First Responders.--
       (1) Establishment.--There is established an Advisory 
     Council for the Federal Interagency Committee on First 
     Responders (in this section referred to as the ``Advisory 
     Council'').
       (2) Membership.--
       (A) In general.--The Advisory Council shall be composed of 
     not more than 13 members, selected by the Interagency 
     Committee on First Responders.
       (B) Representation.--The Interagency Committee on First 
     Responders shall ensure that the membership of the Advisory 
     Council represents--
       (i) the law enforcement community;
       (ii) fire and rescue organizations;
       (iii) medical and emergency relief services; and
       (iv) both urban and rural communities.
       (3) Chairperson.--The Advisory Council shall select 
     annually a chairperson from among its members.
       (4) Compensation of members.--The members of the Advisory 
     Council shall serve without compensation, but shall be 
     eligible for reimbursement of necessary expenses connected 
     with their service to the Advisory Council.
       (5) Meetings.--The Advisory Council shall meet with the 
     Interagency Committee on First Responders not less frequently 
     than once every 3 months.

     SEC. 138. BORDER COORDINATION WORKING GROUP.

       (a) Definitions.--In this section:
       (1) Border security functions.--The term ``border security 
     functions'' means the securing of the borders, territorial 
     waters, ports, terminals, waterways, and air, land, and sea 
     transportation systems of the United States.
       (2) Relevant agencies.--The term ``relevant agencies'' 
     means any department or agency of the United States that the 
     President determines to be relevant to performing border 
     security functions.
       (b) Establishment.--The Secretary shall establish a border 
     security working group (in this section referred to as the 
     ``Working Group''), composed of the Secretary or the designee 
     of the Secretary, the Under Secretary for Border and 
     Transportation Protection, and the Under Secretary for 
     Immigration Affairs.
       (c) Functions.--The Working Group shall meet not less 
     frequently than once every 3 months and shall--
       (1) with respect to border security functions, develop 
     coordinated budget requests, allocations of appropriations, 
     staffing requirements, communication, use of equipment, 
     transportation, facilities, and other infrastructure;
       (2) coordinate joint and cross-training programs for 
     personnel performing border security functions;
       (3) monitor, evaluate and make improvements in the coverage 
     and geographic distribution of border security programs and 
     personnel;
       (4) develop and implement policies and technologies to 
     ensure the speedy, orderly, and efficient flow of lawful 
     traffic, travel and commerce, and enhanced scrutiny for high-
     risk traffic, travel, and commerce; and
       (5) identify systemic problems in coordination encountered 
     by border security agencies and programs and propose 
     administrative, regulatory, or statutory changes to mitigate 
     such problems.
       (d) Relevant Agencies.--The Secretary shall consult 
     representatives of relevant agencies with respect to 
     deliberations under subsection (c), and may include 
     representatives of such agencies in Working Group 
     deliberations, as appropriate.

     SEC. 139. LEGISLATIVE PROPOSALS AND SUPPORTING AND ENABLING 
                   LEGISLATION.

       (a) Directorate of Border and Transportation Protection.--
     Not earlier than February 3, 2003, the Secretary shall submit 
     to Congress--
       (1) any legislative proposals necessary to further the 
     objectives of this title relating to the Directorate of 
     Border and Transportation Protection; and
       (2) recommendations for supporting and enabling 
     legislation, including the transfer of authorities, 
     functions, personnel, assets, agencies, or entities to the 
     Directorate of Border and Transportation Protection, to 
     provide for homeland security.
       (b) Directorate of Intelligence and Directorate of Critical 
     Infrastructure Protection.--Not earlier than 120 days after 
     the submission of the proposals and recommendations under 
     subsection (a), the Secretary shall submit to Congress--
       (1) any legislative proposals necessary to further the 
     objectives of this title relating to the Directorate of 
     Intelligence and the Directorate of Critical Infrastructure 
     Protection; and
       (2) recommendations for supporting and enabling 
     legislation, including the transfer of authorities, 
     functions, personnel, assets, agencies, or entities to the 
     Directorate of Intelligence and the Directorate of Critical 
     Infrastructure Protection, to provide for homeland security.
       (c) Directorate of Emergency Preparedness and Response and 
     Directorate of Science and Technology.--Not earlier than 120 
     days after the submission of the proposals and 
     recommendations under subsection (b), the Secretary shall 
     submit to Congress--
       (1) any legislative proposals necessary to further the 
     objectives of this title relating to the Directorate of 
     Emergency Preparedness and Response and the Directorate of 
     Science and Technology; and
       (2) recommendations for supporting and enabling 
     legislation, including the transfer of authorities, 
     functions, personnel, assets, agencies, or entities to the 
     Directorate of Emergency Preparedness and Response and the 
     Directorate of Science and Technology, to provide for 
     homeland security.
       (d) Savings and Administrative Provisions of Supporting and 
     Enabling Legislation.--Sections 183, 184, and 194 shall apply 
     to any supporting and enabling legislation described under 
     subsection (a), (b), or (c) enacted after the date of 
     enactment of this Act.
       (e) Deadline for Congressional Action.--Not later than 13 
     months after the date of enactment of this Act, the Congress 
     shall complete action on all supporting and enabling 
     legislation described under subsection (a), (b), or (c).

[[Page 17154]]



     SEC. 140. EXECUTIVE SCHEDULE POSITIONS.

       Section 5314 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``Under Secretary for Border and Transportation, Department 
     of Homeland Security.
       ``Under Secretary for Critical Infrastructure Protection, 
     Department of Homeland Security.
       ``Under Secretary for Emergency Preparedness and Response, 
     Department of Homeland Security.
       ``Under Secretary for Immigration, Department of Homeland 
     Security.
       ``Under Secretary for Intelligence, Department of Homeland 
     Security.
       ``Under Secretary for Science and Technology, Department of 
     Homeland Security.''.

        Subtitle C--National Emergency Preparedness Enhancement

     SEC. 151. SHORT TITLE.

       This subtitle may be cited as the ``National Emergency 
     Preparedness Enhancement Act of 2002''.

     SEC. 152. PREPAREDNESS INFORMATION AND EDUCATION.

       (a) Establishment of Clearinghouse.--There is established 
     in the Department a National Clearinghouse on Emergency 
     Preparedness (referred to in this section as the 
     ``Clearinghouse''). The Clearinghouse shall be headed by a 
     Director.
       (b) Consultation.--The Clearinghouse shall consult with 
     such heads of agencies, such task forces appointed by Federal 
     officers or employees, and such representatives of the 
     private sector, as appropriate, to collect information on 
     emergency preparedness, including information relevant to 
     homeland security.
       (c) Duties.--
       (1) Dissemination of information.--The Clearinghouse shall 
     ensure efficient dissemination of accurate emergency 
     preparedness information.
       (2) Center.--The Clearinghouse shall establish a one-stop 
     center for emergency preparedness information, which shall 
     include a website, with links to other relevant Federal 
     websites, a telephone number, and staff, through which 
     information shall be made available on--
       (A) ways in which States, political subdivisions, and 
     private entities can access Federal grants;
       (B) emergency preparedness education and awareness tools 
     that businesses, schools, and the general public can use; and
       (C) other information as appropriate.
       (3) Public awareness campaign.--The Clearinghouse shall 
     develop a public awareness campaign. The campaign shall be 
     ongoing, and shall include an annual theme to be implemented 
     during the National Emergency Preparedness Week established 
     under section 154. The Clearinghouse shall work with heads of 
     agencies to coordinate public service announcements and other 
     information-sharing tools utilizing a wide range of media.
       (4) Best practices information.--The Clearinghouse shall 
     compile and disseminate information on best practices for 
     emergency preparedness identified by the Secretary and the 
     heads of other agencies.

     SEC. 153. PILOT PROGRAM.

       (a) Emergency Preparedness Enhancement Pilot Program.--The 
     Department shall award grants to private entities to pay for 
     the Federal share of the cost of improving emergency 
     preparedness, and educating employees and other individuals 
     using the entities' facilities about emergency preparedness.
       (b) Use of Funds.--An entity that receives a grant under 
     this subsection may use the funds made available through the 
     grant to--
       (1) develop evacuation plans and drills;
       (2) plan additional or improved security measures, with an 
     emphasis on innovative technologies or practices;
       (3) deploy innovative emergency preparedness technologies; 
     or
       (4) educate employees and customers about the development 
     and planning activities described in paragraphs (1) and (2) 
     in innovative ways.
       (c) Federal Share.--The Federal share of the cost described 
     in subsection (a) shall be 50 percent, up to a maximum of 
     $250,000 per grant recipient.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated $5,000,000 for each of fiscal years 2003 
     through 2005 to carry out this section.

     SEC. 154. DESIGNATION OF NATIONAL EMERGENCY PREPAREDNESS 
                   WEEK.

       (a) National Week.--
       (1) Designation.--Each week that includes September 11 is 
     ``National Emergency Preparedness Week''.
       (2) Proclamation.--The President is requested every year to 
     issue a proclamation calling on the people of the United 
     States (including State and local governments and the private 
     sector) to observe the week with appropriate activities and 
     programs.
       (b) Federal Agency Activities.--In conjunction with 
     National Emergency Preparedness Week, the head of each 
     agency, as appropriate, shall coordinate with the Department 
     to inform and educate the private sector and the general 
     public about emergency preparedness activities, resources, 
     and tools, giving a high priority to emergency preparedness 
     efforts designed to address terrorist attacks.

                  Subtitle D--Miscellaneous Provisions

     SEC. 161. NATIONAL BIO-WEAPONS DEFENSE ANALYSIS CENTER.

       (a) Establishment.--There is established within the 
     Department of Defense a National Bio-Weapons Defense Analysis 
     Center (in this section referred to as the ``Center'').
       (b) Mission.--The mission of the Center is to develop 
     countermeasures to potential attacks by terrorists using 
     biological or chemical weapons that are weapons of mass 
     destruction (as defined under section 1403 of the Defense 
     Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 
     2302(1))) and conduct research and analysis concerning such 
     weapons.

     SEC. 162. REVIEW OF FOOD SAFETY.

       (a) Review of Food Safety Laws and Food Safety 
     Organizational Structure.--The Secretary shall enter into an 
     agreement with and provide funding to the National Academy of 
     Sciences to conduct a detailed, comprehensive study which 
     shall--
       (1) review all Federal statutes and regulations affecting 
     the safety and security of the food supply to determine the 
     effectiveness of the statutes and regulations at protecting 
     the food supply from deliberate contamination; and
       (2) review the organizational structure of Federal food 
     safety oversight to determine the efficiency and 
     effectiveness of the organizational structure at protecting 
     the food supply from deliberate contamination.
       (b) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the National Academy of Sciences shall 
     prepare and submit to the President, the Secretary, and 
     Congress a comprehensive report containing--
       (A) the findings and conclusions derived from the reviews 
     conducted under subsection (a); and
       (B) specific recommendations for improving--
       (i) the effectiveness and efficiency of Federal food safety 
     and security statutes and regulations; and
       (ii) the organizational structure of Federal food safety 
     oversight.
       (2) Contents.--In conjunction with the recommendations 
     under paragraph (1), the report under paragraph (1) shall 
     address--
       (A) the effectiveness with which Federal food safety 
     statutes and regulations protect public health and ensure the 
     food supply remains free from contamination;
       (B) the shortfalls, redundancies, and inconsistencies in 
     Federal food safety statutes and regulations;
       (C) the application of resources among Federal food safety 
     oversight agencies;
       (D) the effectiveness and efficiency of the organizational 
     structure of Federal food safety oversight;
       (E) the shortfalls, redundancies, and inconsistencies of 
     the organizational structure of Federal food safety 
     oversight; and
       (F) the merits of a unified, central organizational 
     structure of Federal food safety oversight.
       (c) Response of the Secretary.--Not later than 90 days 
     after the date on which the report under this section is 
     submitted to the Secretary, the Secretary shall provide to 
     the President and Congress the response of the Department to 
     the recommendations of the report and recommendations of the 
     Department to further protect the food supply from 
     contamination.

     SEC. 163. EXCHANGE OF EMPLOYEES BETWEEN AGENCIES AND STATE OR 
                   LOCAL GOVERNMENTS.

       (a) Findings.--Congress finds that--
       (1) information sharing between Federal, State, and local 
     agencies is vital to securing the homeland against terrorist 
     attacks;
       (2) Federal, State, and local employees working 
     cooperatively can learn from one another and resolve complex 
     issues;
       (3) Federal, State, and local employees have specialized 
     knowledge that should be consistently shared between and 
     among agencies at all levels of government; and
       (4) providing training and other support, such as staffing, 
     to the appropriate Federal, State, and local agencies can 
     enhance the ability of an agency to analyze and assess 
     threats against the homeland, develop appropriate responses, 
     and inform the United States public.
       (b) Exchange of Employees.--
       (1) In general.--The Secretary may provide for the exchange 
     of employees of the Department and State and local agencies 
     in accordance with subchapter VI of chapter 33 of title 5, 
     United States Code.
       (2) Conditions.--With respect to exchanges described under 
     this subsection, the Secretary shall ensure that--
       (A) any assigned employee shall have appropriate training 
     or experience to perform the work required by the assignment; 
     and
       (B) any assignment occurs under conditions that 
     appropriately safeguard classified and other sensitive 
     information.

     SEC. 164. WHISTLEBLOWER PROTECTION FOR FEDERAL EMPLOYEES WHO 
                   ARE AIRPORT SECURITY SCREENERS.

       Section 111(d) of the Aviation and Transportation Security 
     Act (Public Law 107-71; 115 Stat. 620; 49 U.S.C. 44935 note) 
     is amended--

[[Page 17155]]

       (1) by striking ``(d) Screener Personnel.--Notwithstanding 
     any other provision of law,'' and inserting the following:
       ``(d) Screener Personnel.--
       ``(1) In general.--Notwithstanding any other provision of 
     law (except as provided under paragraph (2)),''; and
       (2) by adding at the end the following:
       ``(2) Whistleblower protection.--
       ``(A) Definition.--In this paragraph, the term ``security 
     screener'' means--
       ``(i) any Federal employee hired as a security screener 
     under subsection (e) of section 44935 of title 49, United 
     States Code; or
       ``(ii) an applicant for the position of a security screener 
     under that subsection.
       ``(B) In general.--Notwithstanding paragraph (1)--
       ``(i) section 2302(b)(8) of title 5, United States Code, 
     shall apply with respect to any security screener; and
       ``(ii) chapters 12, 23, and 75 of that title shall apply 
     with respect to a security screener to the extent necessary 
     to implement clause (i).
       ``(C) Covered position.--The President may not exclude the 
     position of security screener as a covered position under 
     section 2302(a)(2)(B)(ii) of title 5, United States Code, to 
     the extent that such exclusion would prevent the 
     implementation of subparagraph (B) of this paragraph.''.

     SEC. 165. WHISTLEBLOWER PROTECTION FOR CERTAIN AIRPORT 
                   EMPLOYEES.

       (a) In General.--Section 42121(a) of title 49, United 
     States Code, is amended--
       (1) by striking ``(a) Discrimination Against Airline 
     Employees.--No air carrier or contractor or subcontractor of 
     an air carrier'' and inserting the following:
       ``(a) Discrimination Against Employees.--
       ``(1) In general.--No air carrier, contractor, 
     subcontractor, or employer described under paragraph (2)'';
       (2) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively; and
       (3) by adding at the end the following:
       ``(2) Applicable employers.--Paragraph (1) shall apply to--
       ``(A) an air carrier or contractor or subcontractor of an 
     air carrier;
       ``(B) an employer of airport security screening personnel, 
     other than the Federal Government, including a State or 
     municipal government, or an airport authority, or a 
     contractor of such government or airport authority; or
       ``(C) an employer of private screening personnel described 
     in section 44919 or 44920 of this title.''.
       (b) Technical and Conforming Amendments.--Section 
     42121(b)(2)(B) of title 49, United States Code, is amended--
       (1) in clause (i), by striking ``paragraphs (1) through (4) 
     of subsection (a)'' and inserting ``subparagraphs (A) through 
     (D) of subsection (a)(1)''; and
       (2) in clause (iii), by striking ``paragraphs (1) through 
     (4) of subsection (a)'' and inserting ``subparagraphs (A) 
     through (D) of subsection (a)(1)''.

     SEC. 166. BIOTERRORISM PREPAREDNESS AND RESPONSE DIVISION.

       Section 319D of the Public Health Service Act (42 U.S.C. 
     2472-4) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b), the following:
       ``(c) Bioterrorism Preparedness and Response Division.--
       ``(1) Establishment.--There is established within the 
     Office of the Director of the Centers for Disease Control and 
     Prevention a Bioterrorism Preparedness and Response Division 
     (in this subsection referred to as the `Division').
       ``(2) Mission.--The Division shall have the following 
     primary missions:
       ``(A) To lead and coordinate the activities and 
     responsibilities of the Centers for Disease Control and 
     Prevention with respect to countering bioterrorism.
       ``(B) To coordinate and facilitate the interaction of 
     Centers for Disease Control and Prevention personnel with 
     personnel from the Department of Homeland Security and, in so 
     doing, serve as a major contact point for 2-way 
     communications between the jurisdictions of homeland security 
     and public health.
       ``(C) To train and employ a cadre of public health 
     personnel who are dedicated full-time to the countering of 
     bioterrorism.
       ``(3) Responsibilities.--In carrying out the mission under 
     paragraph (2), the Division shall assume the responsibilities 
     of and budget authority for the Centers for Disease Control 
     and Prevention with respect to the following programs:
       ``(A) The Bioterrorism Preparedness and Response Program.
       ``(B) The Strategic National Stockpile.
       ``(C) Such other programs and responsibilities as may be 
     assigned to the Division by the Director of the Centers for 
     Disease Control and Prevention.
       ``(4) Director.--There shall be in the Division a Director, 
     who shall be appointed by the Director of the Centers for 
     Disease Control and Prevention, in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     Homeland Security.
       ``(5) Staffing.--Under agreements reached between the 
     Director of the Centers for Disease Control and Prevention 
     and the Secretary of Homeland Security--
       ``(A) the Division may be staffed, in part, by personnel 
     assigned from the Department of Homeland Security by the 
     Secretary of Homeland Security; and
       ``(B) the Director of the Centers for Disease Control and 
     Prevention may assign some personnel from the Division to the 
     Department of Homeland Security.''.

     SEC. 167. COORDINATION WITH THE DEPARTMENT OF HEALTH AND 
                   HUMAN SERVICES UNDER THE PUBLIC HEALTH SERVICE 
                   ACT.

       (a) In General.--The annual Federal response plan developed 
     by the Secretary under section 102(b)(14) shall be consistent 
     with section 319 of the Public Health Service Act (42 U.S.C. 
     247d).
       (b) Disclosures Among Relevant Agencies.--
       (1) In general.--Full disclosure among relevant agencies 
     shall be made in accordance with this subsection.
       (2) Public health emergency.--During the period in which 
     the Secretary of Health and Human Services has declared the 
     existence of a public health emergency under section 319(a) 
     of the Public Health Service Act (42 U.S.C. 247d(a)), the 
     Secretary of Health and Human Services shall keep relevant 
     agencies, including the Department of Homeland Security, the 
     Department of Justice, and the Federal Bureau of 
     Investigation, fully and currently informed.
       (3) Potential public health emergency.--In cases involving, 
     or potentially involving, a public health emergency, but in 
     which no determination of an emergency by the Secretary of 
     Health and Human Services under section 319(a) of the Public 
     Health Service Act (42 U.S.C. 247d(a)), has been made, all 
     relevant agencies, including the Department of Homeland 
     Security, the Department of Justice, and the Federal Bureau 
     of Investigation, shall keep the Secretary of Health and 
     Human Services and the Director of the Centers for Disease 
     Control and Prevention fully and currently informed.

     SEC. 168. RAIL SECURITY ENHANCEMENTS.

       (a) In General.--There are authorized to be appropriated to 
     the Department, for the benefit of Amtrak, for the 2-year 
     period beginning on the date of enactment of this Act--
       (1) $375,000,000 for grants to finance the cost of 
     enhancements to the security and safety of Amtrak rail 
     passenger service;
       (2) $778,000,000 for grants for life safety improvements to 
     6 New York Amtrak tunnels built in 1910, the Baltimore and 
     Potomac Amtrak tunnel built in 1872, and the Washington, D.C. 
     Union Station Amtrak tunnels built in 1904 under the Supreme 
     Court and House and Senate Office Buildings; and
       (3) $55,000,000 for the emergency repair, and returning to 
     service of Amtrak passenger cars and locomotives.
       (b) Availability of Funds.--Amounts appropriated under 
     subsection (a) shall remain available until expended.
       (c) 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. 169. GRANTS FOR FIREFIGHTING PERSONNEL.

       (a) Section 33 of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229) is amended--
       (1) by redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c) Personnel Grants.--
       ``(1) Exclusion.--Grants awarded under subsection (b) to 
     hire `employees engaged in fire protection', as that term is 
     defined in section 3 of the Fair Labor Standards Act (29 
     U.S.C. 203), shall not be subject to paragraphs (10) or (11) 
     of subsection (b).
       ``(2) Duration.--Grants awarded under paragraph (1) shall 
     be for a 3-year period.
       ``(3) Maximum amount.--The total amount of grants awarded 
     under paragraph (1) shall not exceed $100,000 per 
     firefighter, indexed for inflation, over the 3-year grant 
     period.
       ``(4) Federal share.--
       ``(A) In general.--Notwithstanding subsection (b)(6), the 
     Federal share of a grant under paragraph (1) shall not exceed 
     75 percent of the total salary and benefits cost for 
     additional firefighters hired.
       ``(B) Waiver.--The Director may waive the 25 percent non-
     Federal match under subparagraph (A) for a jurisdiction of 
     50,000 or fewer residents or in cases of extreme hardship.
       ``(5) Application.--In addition to the information under 
     subsection (b)(5), an application for a grant under paragraph 
     (1), shall include--
       ``(A) an explanation for the need for Federal assistance; 
     and
       ``(B) specific plans for obtaining necessary support to 
     retain the position following the conclusion of Federal 
     support.
       ``(6) Maintenance of Effort.--Grants awarded under 
     paragraph (1) shall only be used to pay the salaries and 
     benefits of additional firefighting personnel, and shall not 
     be used to supplant funding allocated for personnel from 
     State and local sources.''; and
       (3) in subsection (f) (as redesignated by paragraph (1)), 
     by adding at the end the following:

[[Page 17156]]

       ``(3) $1,000,000,000 for each of fiscal years 2003 and 
     2004, to be used only for grants under subsection (c).''.

     SEC. 170. REVIEW OF TRANSPORTATION SECURITY ENHANCEMENTS.

       (a) Review of Transportation Vulnerabilities and Federal 
     Transportation Security Efforts.--The Comptroller General 
     shall conduct a detailed, comprehensive study which shall--
       (1) review all available intelligence on terrorist threats 
     against aviation, seaport, rail and transit facilities;
       (2) review all available information on vulnerabilities at 
     aviation, seaport, rail and transit facilities; and
       (3) review the steps taken by agencies since September 11, 
     2001, to improve aviation, seaport, rail, and transit 
     security to determine their effectiveness at protecting 
     passengers and transportation infrastructure from terrorist 
     attack.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall prepare 
     and submit to Congress and the Secretary a comprehensive 
     report containing--
       (1) the findings and conclusions from the reviews conducted 
     under subsection (a); and
       (2) proposed steps to improve any deficiencies found in 
     aviation, seaport, rail, and transit security including, to 
     the extent possible, the cost of implementing the steps.
       (c) Response of the Secretary.--Not later than 90 days 
     after the date on which the report under this section is 
     submitted to the Secretary, the Secretary shall provide to 
     the President and Congress--
       (1) the response of the Department to the recommendations 
     of the report; and
       (2) recommendations of the Department to further protect 
     passengers and transportation infrastructure from terrorist 
     attack.

     SEC. 171. INTEROPERABILITY OF INFORMATION SYSTEMS.

       (a) In General.--The Director of the Office of Management 
     and Budget, in consultation with the Secretary and affected 
     entities, shall develop--
       (1) 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
       (2) 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.
       (b) Timetables.--The Director of the Office of Management 
     and Budget, in consultation with the Secretary and affected 
     entities, shall establish timetables for development and 
     implementation of the enterprise architecture and plan 
     referred to in subsection (a).
       (c) Implementation.--The Director of the Office of 
     Management and Budget, in consultation with the Secretary and 
     acting under the responsibilities of the Director under law 
     (including the Clinger-Cohen Act of 1996), shall ensure the 
     implementation of the enterprise architecture developed under 
     subsection (a)(1), and shall 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 (a)(1).
       (d) Agency Cooperation.--The head of each agency with 
     responsibility for homeland security shall fully cooperate 
     with the Director of the Office of Management and Budget 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 (a)(1).
       (e) Content.--The enterprise architecture developed under 
     subsection (a)(1), 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.
       (f) Updated Versions.--The Director of the Office of 
     Management and Budget, in consultation with the Secretary, 
     shall oversee and ensure the development of updated versions 
     of the enterprise architecture and plan developed under 
     subsection (a), as necessary.
       (g) Report.--The Director of the Office of Management and 
     Budget, in consultation with the Secretary, shall annually 
     report to Congress on the development and implementation of 
     the enterprise architecture and plan referred to under 
     subsection (a).
       (h) Consultation.--The Director of the Office of Management 
     and Budget shall consult with information systems management 
     experts in the public and private sectors, in the development 
     and implementation of the enterprise architecture and plan 
     referred to under subsection (a).
       (i) Principal Officer.--The Director of the Office of 
     Management and Budget 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 section.

     SEC. 172. PROHIBITION ON CONTRACTS WITH CORPORATE 
                   EXPATRIATES.

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

     SEC. 173. EXTENSION OF CUSTOMS USER FEES.

       Section 13031(j)(3) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended 
     by striking ``September 30, 2003'' and inserting ``March 31, 
     2004''.

                   Subtitle E--Transition Provisions

     SEC. 181. DEFINITIONS.

       In this subtitle:

[[Page 17157]]

       (1) Agency.--The term ``agency'' includes any entity, 
     organizational unit, or function transferred or to be 
     transferred under this title.
       (2) Transition period.--The term ``transition period'' 
     means the 1-year period beginning on the effective date of 
     this division.

     SEC. 182. IMPLEMENTATION PROGRESS REPORTS AND LEGISLATIVE 
                   RECOMMENDATIONS.

       (a) In General.--In consultation with the President and in 
     accordance with this section, the Secretary shall prepare 
     implementation progress reports and submit such reports to--
       (1) the President of the Senate and the Speaker of the 
     House of Representatives for referral to the appropriate 
     committees; and
       (2) the Comptroller General of the United States.
       (b) Report Frequency.--
       (1) Initial report.--As soon as practicable, and not later 
     than 6 months after the date of enactment of this Act, the 
     Secretary shall submit the first implementation progress 
     report.
       (2) Semiannual reports.--Following the submission of the 
     report under paragraph (1), the Secretary shall submit 
     additional implementation progress reports not less 
     frequently than once every 6 months until all transfers to 
     the Department under this title have been completed.
       (3) Final report.--Not later than 6 months after all 
     transfers to the Department under this title have been 
     completed, the Secretary shall submit a final implementation 
     progress report.
       (c) Contents.--
       (1) In general.--Each implementation progress report shall 
     report on the progress made in implementing titles I, II, 
     III, and XI, including fulfillment of the functions 
     transferred under this Act, and shall include all of the 
     information specified under paragraph (2) that the Secretary 
     has gathered as of the date of submission. Information 
     contained in an earlier report may be referenced, rather than 
     set out in full, in a subsequent report. The final 
     implementation progress report shall include any required 
     information not yet provided.
       (2) Specifications.--Each implementation progress report 
     shall contain, to the extent available--
       (A) with respect to the transfer and incorporation of 
     entities, organizational units, and functions--
       (i) the actions needed to transfer and incorporate 
     entities, organizational units, and functions into the 
     Department;
       (ii) a projected schedule, with milestones, for completing 
     the various phases of the transition;
       (iii) a progress report on taking those actions and meeting 
     the schedule;
       (iv) the organizational structure of the Department, 
     including a listing of the respective directorates, the field 
     offices of the Department, and the executive positions that 
     will be filled by political appointees or career executives;
       (v) the location of Department headquarters, including a 
     timeframe for relocating to the new location, an estimate of 
     cost for the relocation, and information about which elements 
     of the various agencies will be located at headquarters;
       (vi) unexpended funds and assets, liabilities, and 
     personnel that will be transferred, and the proposed 
     allocations and disposition within the Department; and
       (vii) the costs of implementing the transition;
       (B) with respect to human capital planning--
       (i) a description of the workforce planning undertaken for 
     the Department, including the preparation of an inventory of 
     skills and competencies available to the Department, to 
     identify any gaps, and to plan for the training, recruitment, 
     and retention policies necessary to attract and retain a 
     workforce to meet the needs of the Department;
       (ii) the past and anticipated future record of the 
     Department with respect to recruitment and retention of 
     personnel;
       (iii) plans or progress reports on the utilization by the 
     Department of existing personnel flexibility, provided by law 
     or through regulations of the President and the Office of 
     Personnel Management, to achieve the human capital needs of 
     the Department;
       (iv) any inequitable disparities in pay or other terms and 
     conditions of employment among employees within the 
     Department resulting from the consolidation under this 
     division of functions, entities, and personnel previously 
     covered by disparate personnel systems; and
       (v) efforts to address the disparities under clause (iv) 
     using existing personnel flexibility;
       (C) with respect to information technology--
       (i) an assessment of the existing and planned information 
     systems of the Department; and
       (ii) a report on the development and implementation of 
     enterprise architecture and of the plan to achieve 
     interoperability;
       (D) with respect to programmatic implementation--
       (i) the progress in implementing the programmatic 
     responsibilities of this division;
       (ii) the progress in implementing the mission of each 
     entity, organizational unit, and function transferred to the 
     Department;
       (iii) recommendations of any other governmental entities, 
     organizational units, or functions that need to be 
     incorporated into the Department in order for the Department 
     to function effectively; and
       (iv) recommendations of any entities, organizational units, 
     or functions not related to homeland security transferred to 
     the Department that need to be transferred from the 
     Department or terminated for the Department to function 
     effectively.
       (d) Legislative Recommendations.--
       (1) Inclusion in report.--The Secretary, after consultation 
     with the appropriate committees of Congress, shall include in 
     the report under this section, recommendations for 
     legislation that the Secretary determines is necessary to--
       (A) facilitate the integration of transferred entities, 
     organizational units, and functions into the Department;
       (B) reorganize agencies, executive positions, and the 
     assignment of functions within the Department;
       (C) address any inequitable disparities in pay or other 
     terms and conditions of employment among employees within the 
     Department resulting from the consolidation of agencies, 
     functions, and personnel previously covered by disparate 
     personnel systems;
       (D) enable the Secretary to engage in procurement essential 
     to the mission of the Department;
       (E) otherwise help further the mission of the Department; 
     and
       (F) make technical and conforming amendments to existing 
     law to reflect the changes made by titles I and XI.
       (2) Separate submission of proposed legislation.--The 
     Secretary may submit the proposed legislation under paragraph 
     (1) to Congress before submitting the balance of the report 
     under this section.

     SEC. 183. SAVINGS PROVISIONS.

       (a) Continuing Effect of Legal Documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, recognitions of labor organizations, 
     collective bargaining agreements, certificates, licenses, 
     registrations, privileges, and other administrative actions--
       (1) which have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of functions which are transferred under this 
     title; and
       (2) which are in effect at the time this division takes 
     effect, or were final before the effective date of this 
     division and are to become effective on or after the 
     effective date of this division, shall, to the extent related 
     to such functions, continue in effect according to their 
     terms until modified, terminated, superseded, set aside, or 
     revoked in accordance with law by the President, the 
     Secretary or other authorized official, or a court of 
     competent jurisdiction, or by operation of law.
       (b) Proceedings Not Affected.--The provisions of this title 
     shall not affect any proceedings, including notices of 
     proposed rulemaking, or any application for any license, 
     permit, certificate, or financial assistance pending before 
     an agency at the time this title takes effect, with respect 
     to functions transferred by this title but such proceedings 
     and applications shall continue. Orders shall be issued in 
     such proceedings, appeals shall be taken therefrom, and 
     payments shall be made pursuant to such orders, as if this 
     title had not been enacted, and orders issued in any such 
     proceedings shall continue in effect until modified, 
     terminated, superseded, or revoked by a duly authorized 
     official, by a court of competent jurisdiction, or by 
     operation of law. Nothing in this subsection shall be deemed 
     to prohibit the discontinuance or modification of any such 
     proceeding under the same terms and conditions and to the 
     same extent that such proceeding could have been discontinued 
     or modified if this title had not been enacted.
       (c) Suits Not Affected.--The provisions of this title shall 
     not affect suits commenced before the effective date of this 
     division, and in all such suits, proceedings shall be had, 
     appeals taken, and judgments rendered in the same manner and 
     with the same effect as if this title had not been enacted.
       (d) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against an agency, or by or 
     against any individual in the official capacity of such 
     individual as an officer of an agency, shall abate by reason 
     of the enactment of this title.
       (e) Administrative Actions Relating to Promulgation of 
     Regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by an agency 
     relating to a function transferred under this title may be 
     continued by the Department with the same effect as if this 
     title had not been enacted.
       (f) Employment and Personnel.--
       (1) Employee rights.--
       (A) Transferred agencies.--The Department, or a subdivision 
     of the Department, that includes an entity or organizational 
     unit, or subdivision thereof, transferred under this Act, or 
     performs functions transferred under this Act shall not be 
     excluded from coverage of chapter 71 of title 5, United 
     States Code, as a result of any order issued

[[Page 17158]]

     under section 7103(b)(1) of title 5, United States Code, 
     after July 19, 2002.
       (B) Transferred employees.--An employee transferred to the 
     Department under this Act, who was in an appropriate unit 
     under section 7112 of title 5, United States Code, prior to 
     the transfer, shall not be excluded from a unit under 
     subsection (b)(6) of that section unless--
       (i) the primary job duty of the employee is materially 
     changed after the transfer; and
       (ii) the primary job duty of the employee after such change 
     consists of intelligence, counterintelligence, or 
     investigative duties directly related to the investigation of 
     terrorism, if it is clearly demonstrated that membership in a 
     unit and coverage under chapter 71 of title 5, United States 
     Code, cannot be applied in a manner that would not have a 
     substantial adverse effect on national security.
       (C) Transferred functions.--An employee of the Department 
     who is primarily engaged in carrying out a function 
     transferred to the Department under this Act or a function 
     substantially similar to a function so transferred shall not 
     be excluded from a unit under section 7112(b)(6) of title 5, 
     United States Code, unless the function prior to the transfer 
     was performed by an employee excluded from a unit under that 
     section.
       (D) Other agencies, employees, and functions.--
       (i) Exclusion of subdivision.--Subject to paragraph (A), a 
     subdivision of the Department shall not be excluded from 
     coverage under chapter 71 of title 5, United States Code, 
     under section 7103(b)(1) of that title unless--

       (I) the subdivision has, as a primary function, 
     intelligence, counterintelligence, or investigative duties 
     directly related to terrorism investigation; and
       (II) the provisions of that chapter cannot be applied to 
     that subdivision in a manner consistent with national 
     security requirements and considerations.

       (ii) Exclusion of employee.--Subject to subparagraphs (B) 
     and (C), an employee of the Department shall not be excluded 
     from a unit under section 7112(b)(6) of title 5, United 
     States Code, unless the primary job duty of the employee 
     consists of intelligence, counterintelligence, or 
     investigative duties directly related to terrorism 
     investigation, if it is clearly demonstrated that membership 
     in a unit and coverage under chapter 71 of title 5, United 
     States Code, cannot be applied in a manner that would not 
     have a substantial adverse effect on national security.
       (E) Prior exclusion.--Subparagraphs (A) through (D) shall 
     not apply to any entity or organizational unit, or 
     subdivision thereof, transferred to the Department under this 
     Act that, on July 19, 2002, was excluded from coverage under 
     chapter 71 of title 5, United States Code, under section 
     7103(b)(1) of that title.
       (2) Terms and conditions of employment.--The transfer of an 
     employee to the Department under this Act shall not alter the 
     terms and conditions of employment, including compensation, 
     of any employee so transferred.
       (3) Conditions and criteria for appointment.--Any 
     qualifications, conditions, or criteria required by law for 
     appointments to a position in an agency, or subdivision 
     thereof, transferred to the Department under this title, 
     including a requirement that an appointment be made by the 
     President, by and with the advice and consent of the Senate, 
     shall continue to apply with respect to any appointment to 
     the position made after such transfer to the Department has 
     occurred.
       (4) Whistleblower protection.--The President may not 
     exclude any position transferred to the Department as a 
     covered position under section 2302(a)(2)(B)(ii) of title 5, 
     United States Code, to the extent that such exclusion subject 
     to that authority was not made before the date of enactment 
     of this Act.
       (g) No Effect on Intelligence Authorities.--The transfer of 
     authorities, functions, personnel, and assets of elements of 
     the United States Government under this title, or the 
     assumption of authorities and functions by the Department 
     under this title, shall not be construed, in cases where such 
     authorities, functions, personnel, and assets are engaged in 
     intelligence activities as defined in the National Security 
     Act of 1947, as affecting the authorities of the Director of 
     Central Intelligence, the Secretary of Defense, or the heads 
     of departments and agencies within the intelligence 
     community.

     SEC. 184. USE OF APPROPRIATED FUNDS.

       (a) Applicability of This Section.--Notwithstanding any 
     other provision of this Act or any other law, this section 
     shall apply to the use of any funds, disposal of property, 
     and acceptance, use, and disposal of gifts, or donations of 
     services or property, of, for, or by the Department, 
     including any agencies, entities, or other organizations 
     transferred to the Department under this Act.
       (b) Use of Transferred Funds.--Except as may be provided in 
     an appropriations Act in accordance with subsection (d), 
     balances of appropriations and any other funds or assets 
     transferred under this Act--
       (1) shall be available only for the purposes for which they 
     were originally available;
       (2) shall remain subject to the same conditions and 
     limitations provided by the law originally appropriating or 
     otherwise making available the amount, including limitations 
     and notification requirements related to the reprogramming of 
     appropriated funds; and
       (3) shall not be used to fund any new position established 
     under this Act.
       (c) Notification Regarding Transfers.--The President shall 
     notify Congress not less than 15 days before any transfer of 
     appropriations balances, other funds, or assets under this 
     Act.
       (d) Additional Uses of Funds During Transition.--Subject to 
     subsection (c), amounts transferred to, or otherwise made 
     available to, the Department may be used during the 
     transition period for purposes in addition to those for which 
     they were originally available (including by transfer among 
     accounts of the Department), but only to the extent such 
     transfer or use is specifically permitted in advance in an 
     appropriations Act and only under the conditions and for the 
     purposes specified in such appropriations Act.
       (e) Disposal of Property.--
       (1) Strict compliance.--If specifically authorized to 
     dispose of real property in this or any other Act, the 
     Secretary shall exercise this authority in strict compliance 
     with section 204 of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 485).
       (2) Deposit of proceeds.--The Secretary shall deposit the 
     proceeds of any exercise of property disposal authority into 
     the miscellaneous receipts of the Treasury in accordance with 
     section 3302(b) of title 31, United States Code.
       (f) Gifts.--Gifts or donations of services or property of 
     or for the Department may not be accepted, used, or disposed 
     of unless specifically permitted in advance in an 
     appropriations Act and only under the conditions and for the 
     purposes specified in such appropriations Act.
       (g) Budget Request.--Under section 1105 of title 31, United 
     States Code, the President shall submit to Congress a 
     detailed budget request for the Department for fiscal year 
     2004.

                 Subtitle F--Administrative Provisions

     SEC. 191. REORGANIZATIONS AND DELEGATIONS.

       (a) Reorganization Authority.--
       (1) In general.--The Secretary may, as necessary and 
     appropriate--
       (A) allocate, or reallocate, functions among officers of 
     the Department; and
       (B) establish, consolidate, alter, or discontinue 
     organizational entities within the Department.
       (2) Limitation.--Paragraph (1) does not apply to--
       (A) any office, bureau, unit, or other entity established 
     by law and transferred to the Department;
       (B) any function vested by law in an entity referred to in 
     subparagraph (A) or vested by law in an officer of such an 
     entity; or
       (C) the alteration of the assignment or delegation of 
     functions assigned by this Act to any officer or 
     organizational entity of the Department.
       (b) Delegation Authority.--
       (1) Secretary.--The Secretary may--
       (A) delegate any of the functions of the Secretary; and
       (B) authorize successive redelegations of functions of the 
     Secretary to other officers and employees of the Department.
       (2) Officers.--An officer of the Department may--
       (A) delegate any function assigned to the officer by law; 
     and
       (B) authorize successive redelegations of functions 
     assigned to the officer by law to other officers and 
     employees of the Department.
       (3) Limitations.--
       (A) Interunit delegation.--Any function assigned by this 
     title to an organizational unit of the Department or to the 
     head of an organizational unit of the Department may not be 
     delegated to an officer or employee outside of that unit.
       (B) Functions.--Any function vested by law in an entity 
     established by law and transferred to the Department or 
     vested by law in an officer of such an entity may not be 
     delegated to an officer or employee outside of that entity.

     SEC. 192. REPORTING REQUIREMENTS.

       (a) Annual Evaluations.--The Comptroller General of the 
     United States shall monitor and evaluate the implementation 
     of titles I and XI. Not later than 15 months after the 
     effective date of this division, and every year thereafter 
     for the succeeding 5 years, the Comptroller General shall 
     submit a report to Congress containing--
       (1) an evaluation of the implementation progress reports 
     submitted to Congress and the Comptroller General by the 
     Secretary under section 182;
       (2) the findings and conclusions of the Comptroller General 
     of the United States resulting from the monitoring and 
     evaluation conducted under this subsection, including 
     evaluations of how successfully the Department is meeting--
       (A) the homeland security missions of the Department; and
       (B) the other missions of the Department; and
       (3) any recommendations for legislation or administrative 
     action the Comptroller General considers appropriate.
       (b) Biennial Reports.--Every 2 years the Secretary shall 
     submit to Congress--

[[Page 17159]]

       (1) a report assessing the resources and requirements of 
     executive agencies relating to border security and emergency 
     preparedness issues; and
       (2) a report certifying the preparedness of the United 
     States to prevent, protect against, and respond to natural 
     disasters, cyber attacks, and incidents involving weapons of 
     mass destruction.
       (c) Point of Entry Management Report.--Not later than 1 
     year after the effective date of this division, the Secretary 
     shall submit to Congress a report outlining proposed steps to 
     consolidate management authority for Federal operations at 
     key points of entry into the United States.
       (d) Results-Based Management.--
       (1) Strategic plan.--
       (A) In general.--Not later than September 30, 2003, 
     consistent with the requirements of section 306 of title 5, 
     United States Code, the Secretary, in consultation with 
     Congress, shall prepare and submit to the Director of the 
     Office of Management and Budget and to Congress a strategic 
     plan for the program activities of the Department.
       (B) Period; revisions.--The strategic plan shall cover a 
     period of not less than 5 years from the fiscal year in which 
     it is submitted and it shall be updated and revised at least 
     every 3 years.
       (C) Contents.--The strategic plan shall describe the 
     planned results for the non-homeland security related 
     activities of the Department and the homeland security 
     related activities of the Department.
       (2) Performance plan.--
       (A) In general.--In accordance with section 1115 of title 
     31, United States Code, the Secretary shall prepare an annual 
     performance plan covering each program activity set forth in 
     the budget of the Department.
       (B) Contents.--The performance plan shall include--
       (i) the goals to be achieved during the year;
       (ii) strategies and resources required to meet the goals; 
     and
       (iii) the means used to verify and validate measured 
     values.
       (C) Scope.--The performance plan should describe the 
     planned results for the non-homeland security related 
     activities of the Department and the homeland security 
     related activities of the Department.
       (3) Performance report.--
       (A) In general.--In accordance with section 1116 of title 
     31, United States Code, the Secretary shall prepare and 
     submit to the President and Congress an annual report on 
     program performance for each fiscal year.
       (B) Contents.--The performance report shall include the 
     actual results achieved during the year compared to the goals 
     expressed in the performance plan for that year.

     SEC. 193. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH 
                   REQUIREMENTS.

       The Secretary shall--
       (1) ensure that the Department complies with all applicable 
     environmental, safety, and health statutes and requirements; 
     and
       (2) develop procedures for meeting such requirements.

     SEC. 194. LABOR STANDARDS.

       (a) In General.--All laborers and mechanics employed by 
     contractors or subcontractors in the performance of 
     construction work financed in whole or in part with 
     assistance received under this Act shall be paid wages at 
     rates not less than those prevailing on similar construction 
     in the locality as determined by the Secretary of Labor in 
     accordance with the Davis-Bacon Act (40 U.S.C. 276a et seq.).
       (b) Secretary of Labor.--The Secretary of Labor shall have, 
     with respect to the enforcement of labor standards under 
     subsection (a), the authority and functions set forth in 
     Reorganization Plan Number 14 of 1950 (5 U.S.C. App.) and 
     section 2 of the Act of June 13, 1934 (48 Stat. 948, chapter 
     482; 40 U.S.C. 276c).

     SEC. 195. PRESERVING NON-HOMELAND SECURITY MISSION 
                   PERFORMANCE.

       (a) In General.--For each entity transferred into the 
     Department that has non-homeland security functions, the 
     respective Under Secretary in charge, in conjunction with the 
     head of such entity, shall report to the Secretary, the 
     Comptroller General, and the appropriate committees of 
     Congress on the performance of the entity in all of its 
     missions, with a particular emphasis on examining the 
     continued level of performance of the non-homeland security 
     missions.
       (b) Contents.--The report referred to in subsection (a) 
     shall--
       (1) to the greatest extent possible, provide an inventory 
     of the non-homeland security functions of the entity and 
     identify the capabilities of the entity with respect to those 
     functions, including--
       (A) the number of employees who carry out those functions;
       (B) the budget for those functions; and
       (C) the flexibilities, personnel or otherwise, currently 
     used to carry out those functions;
       (2) contain information related to the roles, 
     responsibilities, missions, organizational structure, 
     capabilities, personnel assets, and annual budgets, 
     specifically with respect to the capabilities of the entity 
     to accomplish its non-homeland security missions without any 
     diminishment; and
       (3) contain information regarding whether any changes are 
     required to the roles, responsibilities, missions, 
     organizational structure, modernization programs, projects, 
     activities, recruitment and retention programs, and annual 
     fiscal resources to enable the entity to accomplish its non-
     homeland security missions without diminishment.
       (c) Timing.--Each Under Secretary shall provide the report 
     referred to in subsection (a) annually, for the 5 years 
     following the transfer of the entity to the Department.

     SEC. 196. FUTURE YEARS HOMELAND SECURITY PROGRAM.

       (a) In General.--Each budget request submitted to Congress 
     for the Department under section 1105 of title 31, United 
     States Code, and each budget request submitted to Congress 
     for the National Terrorism Prevention and Response Program 
     shall be accompanied by a Future Years Homeland Security 
     Program.
       (b) Contents.--The Future Years Homeland Security Program 
     under subsection (a) shall be structured, and include the 
     same type of information and level of detail, as the Future 
     Years Defense Program submitted to Congress by the Department 
     of Defense under section 221 of title 10, United States Code.
       (c) Effective Date.--This section shall take effect with 
     respect to the preparation and submission of the fiscal year 
     2005 budget request for the Department and the fiscal year 
     2005 budget request for the National Terrorism Prevention and 
     Response Program, and for any subsequent fiscal year.

     SEC. 197. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL 
                   INFORMATION.

       (a) Definitions.--In this section:
       (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) 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.
       (b) In General.--Notwithstanding any other provision of 
     law, 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.
       (c) 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.
       (d) Withdrawal of Confidential Designation.--The provider 
     of a record that is furnished voluntarily to the Department 
     under subsection (b) may at any time withdraw, in a manner 
     specified by the Department, the confidential designation.
       (e) 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 (d).
       (f) Effect on State and Local Law.--Nothing in this section 
     shall be construed as preempting or otherwise modifying State 
     or

[[Page 17160]]

     local law concerning the disclosure of any information that a 
     State or local government receives independently of the 
     Department.
       (g) Report.--
       (1) Requirement.--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 paragraph (2) a report on the implementation and 
     use of this section, including--
       (A) 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;
       (B) the number of requests for access to records granted or 
     denied under this section; and
       (C) 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.
       (2) Committees of congress.--The committees of Congress 
     specified in this paragraph are--
       (A) the Committees on the Judiciary and Governmental 
     Affairs of the Senate; and
       (B) the Committees on the Judiciary and Government Reform 
     and Oversight of the House of Representatives.
       (3) Form.--The report shall be submitted in unclassified 
     form, but may include a classified annex.

     SEC. 198. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to--
       (1) enable the Secretary to administer and manage the 
     Department; and
       (2) carry out the functions of the Department other than 
     those transferred to the Department under this Act.
                                 ______
                                 
  SA 4645. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       In section 135(e)(2)(A), strike ``agency with the advice 
     and consent of the Under Secretary.'' and insert ``agency, in 
     consultation with the Under Secretary.''.
                                 ______
                                 
  SA 4646. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of section 135(c)(3), add the following:
       (F) The Secretary may provide financial support, to a 
     nonprofit, nongovernmental enterprise established by the 
     Secretary for the purpose of identifying and investing in new 
     technologies that show promise for homeland security 
     applications.
                                 ______
                                 
  SA 4647. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 135(g) and insert the following:
       (g) Office of Systems Analysis and Assessment.--
       (1) Establishment.--There is established an Office of 
     System Analysis and Assessment within the Directorate of 
     Science and Technology.
       (2) Functions.--The Office of Systems Analysis and 
     Assessment shall--
       (A) assist the Under Secretary in conducting or 
     commissioning studies related to threat assessment and risk 
     analysis, including--
       (i) analysis of responses to terrorist incidents;
       (ii) scenario-based threat assessment exercises and 
     simulations;
       (iii) red teaming to predict and discern the potential 
     methods, means, and targets of terrorists; and
       (iv) economic and policy analyses of alternative 
     counterterrorism policies;
       (B) identify vulnerabilities in complex systems and 
     weaknesses due to interconnections between infrastructure 
     systems;
       (C) identify the potential impacts of multiple attacks 
     occurring simultaneously;
       (D) assist the Under Secretary in developing a human 
     factors engineering program to ensure that the role of people 
     in providing security is the result of systematic evaluations 
     of human strengths and weaknesses that technology can both 
     complement and supplement;
       (E) support the development of standards and techniques to 
     allow for the integrated management of data regardless of its 
     source;
       (F) develop a plan to ensure technologies are deployed and 
     licensed effectively;
       (G) develop life cycle cost estimates for deployed 
     technologies;
       (H) coordinate with other entities engaged in threat 
     assessment and risk analysis, including those within the 
     Department, such as the Directorate of Intelligence;
       (I) monitor and evaluate novel scientific findings in order 
     to assist the Under Secretary in developing and reassessing 
     the research and development priorities of the Department;
       (J) design metrics to evaluate the effectiveness of 
     homeland security programs;
       (K) support the Directorate of Emergency Preparedness and 
     Response in designing field tests and exercises; and
       (L) perform other appropriate activities as directed by the 
     Under Secretary
                                 ______
                                 
  SA 4648. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       Insert at the appropriate place:
       Ensuring that Federal, State, and local entities share 
     homeland security information to the maximum extent 
     practicable, with special emphasis on hard-to-reach urban and 
     rural communities.
                                 ______
                                 
  SA 4649. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Report on Office consolidation: Not later than one year 
     after the date of enactment of this Act, the Secretary shall 
     issue a report to Congress on the feasibility of 
     consolidating and co-locating (1) any regional offices or 
     field offices of agencies that are transferred to the 
     Department under this Act, if such offices are located in the 
     same municipality; and (2) portions of regional and field 
     offices of other Federal agencies, to the extent such offices 
     perform functions that are transferred to the Secretary under 
     this Act.
                                 ______
                                 
  SA 4650. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       (STATE) The term ``state'' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, and any 
     possession of the United States.
                                 ______
                                 
  SA 4651. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Net Guard: The Undersecretary for Critical Infrastructure 
     Protection may establish a national technology guard, to be 
     known as ``Net Guard'' comprised of local teams of volunteers 
     with expertise in relevant areas of science and technology, 
     to assist local communities to respond and recover from 
     attacks on information systems and communications networks.
       On page 67, line 14, delete (10) and insert (11).
                                 ______
                                 
  SA 4652. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Requirement to Comply with Laws Protecting Equal Employment 
     Opportunity and Providing Whistleblower Protections.
       Nothing in this Act shall be construed as exempting the 
     Department from requirements applicable with respect to 
     executive agencies--(1) to provide equal employment 
     protection for employees of the Department (including 
     pursuant to the provisions in section 2302(b)(1) of title 5, 
     United States Code, and the Notification and Federal Employee 
     Anti Discrimination and Retaliation Act of 2002 (Pub. L. 107-
     174) or (2) to provide whistleblower; protections for 
     employees of the Department (including pursuant to the 
     provisions in section 2302(b)(8) of such title and the 
     Notification and Federal Employee Antidiscrimination and 
     Retaliation Act of 2002.

[[Page 17161]]


                                 ______
                                 
  SA 4653. Mr. DURBIN (for himself and Mr. Crapo) submitted an 
amendment intended to be proposed to amendment SA 4471 proposed by Mr. 
Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 90, strike line 4, and all that follows 
     through page 91, line 8, and insert the following:
       (2) Functions.--The Office of Risk Analysis and Assessment 
     shall establish a comprehensive, risk-based program for 
     assisting the Secretary to identify, prioritize, and manage 
     the activities and resources necessary to combat terrorism 
     and to assure homeland security. The Office shall assist the 
     Secretary, the Under Secretary, and other Directorates with 
     respect to their risk analysis and risk management activities 
     by providing scientific or technical support for such 
     activities. Such support shall include, as appropriate--
       (A) identification and characterization of homeland 
     security threats;
       (B) evaluation and delineation of the risk of these 
     threats;
       (C) pinpointing of vulnerabilities or linked 
     vulnerabilities to these threats;
       (D) determination of criticality of possible threats;
       (E) analysis of possible technologies, research, and 
     protocols to mitigate or eliminate threats, vulnerabilities, 
     and criticalities;
       (F) evaluation of the effectiveness of various forms of 
     risk communication; and
       (G) other appropriate activities as directed by the 
     Secretary.
       (3) Methods.--In performing the activities described under 
     paragraph (2), the Office of Risk Analysis and Assessment may 
     support or conduct, or commission from federally funded 
     research and development centers or other entities, work 
     involving modeling, statistical analyses, field tests and 
     exercises (including red teaming), testbed development, 
     development of standards and metrics.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to the Office of Risk Analysis and 
     Assessment such sums as are necessary to carry out the 
     purpose of this subsection, including $15,000,000 in fiscal 
     year 2003 to develop a comprehensive, risk-based process for 
     identifying, prioritizing, and managing the activities and 
     resources necessary to combat terrorism and to assure 
     homeland security.
                                 ______
                                 
  SA 4654. Mr. SARBANES (for himself, Mr. Warner, Ms. Mikulski, and Mr. 
Allen) submitted an amendment intended to be proposed to amendment SA 
4471 proposed by Mr. Lieberman to the bill H.R. 5005, to establish the 
Department of Homeland Security, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 114, between lines 20 and 21, insert the following:

     SEC. 141. OFFICE FOR NATIONAL CAPITAL REGION COORDINATION.

       (a) Establishment.--
       (1) In general.--There is established within the Office of 
     the Secretary the Office of National Capital Region 
     Coordination, to oversee and coordinate Federal programs for 
     and relationships with State, local, and regional authorities 
     in the National Capital Region, as defined under section 
     2674(f)(2) of title 10, United States Code.
       (2) Director.--The Office established under paragraph (1) 
     shall be headed by a Director, who shall be appointed by the 
     Secretary.
       (3) Cooperation.--The Secretary shall cooperate with the 
     Mayor of the District of Columbia, the Governors of Maryland 
     and Virginia, and other State, local, and regional officers 
     in the National Capital Region to integrate the District of 
     Columbia, Maryland, and Virginia into the planning, 
     coordination, and execution of the activities of the Federal 
     Government for the enhancement of domestic preparedness 
     against the consequences of terrorist attacks.
       (b) Responsibilities.--The Office established under 
     subsection (a)(1) shall--
       (1) coordinate the activities of the Department relating to 
     the National Capital Region, including cooperation with the 
     Homeland Security Liaison Officers for Maryland, Virginia, 
     and the District of Columbia within the Office for State and 
     Local Government Coordination;
       (2) assess, and advocate for, the resources needed by 
     State, local, and regional authorities in the National 
     Capital Region to implement efforts to secure the homeland;
       (3) provide State, local, and regional authorities in the 
     National Capital Region with regular information, research, 
     and technical support to assist the efforts of State, local, 
     and regional authorities in the National Capital Region in 
     securing the homeland;
       (4) develop a process for receiving meaningful input from 
     State, local, and regional authorities and the private sector 
     in the National Capital Region to assist in the development 
     of the homeland security plans and activities of the Federal 
     Government;
       (5) coordinate with Federal agencies in the National 
     Capital Region on terrorism preparedness, to ensure adequate 
     planning, information sharing, training, and execution of the 
     Federal role in domestic preparedness activities;
       (6) coordinate with Federal, State, local, and regional 
     agencies, and the private sector in the National Capital 
     Region on terrorism preparedness to ensure adequate planning, 
     information sharing, training, and execution of domestic 
     preparedness activities among these agencies and entities; 
     and
       (7) serve as a liaison between the Federal Government and 
     State, local, and regional authorities, and private sector 
     entities in the National Capital Region to facilitate access 
     to Federal grants and other programs.
       (c) Annual Report.--The Office established under subsection 
     (a) shall submit an annual report to Congress that includes--
       (1) the identification of the resources required to fully 
     implement homeland security efforts in the National Capital 
     Region;
       (2) an assessment of the progress made by the National 
     Capital Region in implementing homeland security efforts; and
       (3) recommendations to Congress regarding the additional 
     resources needed to fully implement homeland security efforts 
     in the National Capital Region.
       (d) Limitation.--Nothing contained in this section shall be 
     construed as limiting the power of State and local 
     governments.
                                 ______
                                 
  SA 4655. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill (H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

           TITLE __ DISASTER RELIEF AND EMERGENCY ASSISTANCE

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Homeland Security Block 
     Grant Act of 2002''.

     SEC. __02. FINDINGS.

       Congress makes the following findings:
       (1) In the wake of the September 11, 2001, terrorist 
     attacks on our country, communities all across American now 
     find themselves on the front lines in the war against 
     terrorism on United States soil.
       (2) We recognize that these communities will be forced to 
     shoulder a significant portion of the burden that goes along 
     with that responsibility. We believe that local governments 
     should not have to bear that responsibility alone.
       (3) Our homeland defense will only be as strong as the 
     weakest link at the State and local level. By providing our 
     communities with the resources and tools they need to bolster 
     emergency response efforts and provide for other emergency 
     response initiatives, we will have a better-prepared home 
     front and a stronger America.

     SEC. __03. DEFINITIONS.

       (a) Definitions.--In this title:
       (1) Director.--The term ``Director'' means the Director of 
     the Federal Emergency Management Agency (FEMA).
       (2) City.--The term ``city'' means--
       (A) any unit of general local government that is classified 
     as a municipality by the United States Bureau of the Census; 
     or
       (B) any other unit of general local government that is a 
     town or township and which, in the determination of the 
     Director--
       (i) possesses powers and performs functions comparable to 
     those associated with municipalities;
       (ii) is closely settled; and
       (iii) contains within its boundaries no incorporated places 
     as defined by the United States Bureau of the Census that 
     have not entered into cooperation agreements with such town 
     or township to undertake or to assist in the performance of 
     homeland security objectives.
       (3) Federal grant-in-aid program.--The term ``Federal 
     grant-in-aid program'' means a program of Federal financial 
     assistance other than loans and other than the assistance 
     provided by this title.
       (4) Indian tribe.--The term ``Indian tribe'' means any 
     Indian tribe, band, group, and nation, including Alaska 
     Indians, Aleuts, and Eskimos, and any Alaskan Native Village, 
     of the United States, which is considered an eligible 
     recipient under the Indian Self-Determination and Education 
     Assistance Act (Public Law 93-638) or was considered an 
     eligible recipient under chapter 67 of title 31, United 
     States Code, prior to the repeal of such chapter.
       (5) Metropolitan area.--The term ``metropolitan area'' 
     means a standard metropolitan statistical area as established 
     by the Office of Management and Budget.
       (6) Metropolitan city.--
       (A) In general.--The term ``metropolitan city'' means--
       (i) a city within a metropolitan area that is the central 
     city of such area, as defined and used by the Office of 
     Management and Budget; or
       (ii) any other city, within a metropolitan area, which has 
     a population of fifty thousand or more.
       (B) Period of classification.--Any city that was classified 
     as a metropolitan city for at least 2 years pursuant to 
     subparagraph (A) shall remain classified as a metropolitan 
     city. Any unit of general local government

[[Page 17162]]

     that becomes eligible to be classified as a metropolitan 
     city, and was not classified as a metropolitan city in the 
     immediately preceding fiscal year, may, upon submission of 
     written notification to the Director, defer its 
     classification as a metropolitan city for all purposes under 
     this title, if it elects to have its population included in 
     an urban county under subsection (d).
       (C) Election by a city.--Notwithstanding subparagraph (B), 
     a city may elect not to retain its classification as a 
     metropolitan city. Any unit of general local government that 
     was classified as a metropolitan city in any year, may, upon 
     submission of written notification to the Director, 
     relinquish such classification for all purposes under this 
     title if it elects to have its population included with the 
     population of a county for purposes of qualifying for 
     assistance (for such following fiscal year) under section 
     __05(e) as an urban county.
       (7) Nonqualifying community.--The term ``nonqualifying 
     community'' means an area that is not a metropolitan city or 
     part of an urban county and does not include Indian tribes.
       (8) Population.--The term ``population'' means total 
     resident population based on data compiled by the United 
     States Bureau of the Census and referable to the same point 
     or period of time.
       (9) State.--The term ``State'' means any State of the 
     United States, or any instrumentality thereof approved by the 
     Governor; and the Commonwealth of Puerto Rico, the United 
     States Virgin Islands, American Samoa, Guam, and the Northern 
     Mariana Islands.
       (10) Unit of general local government.--The term ``unit of 
     general local government'' means any city, county, town, 
     township, parish, village, or other general purpose political 
     subdivision of a State; a combination of such political 
     subdivisions is recognized by the Director; and the District 
     of Columbia.
       (11) Urban county.--The term ``urban county'' means any 
     county within a metropolitan area.
       (b) Basis and Modification of Definitions.--Where 
     appropriate, the definitions in subsection (a) shall be 
     based, with respect to any fiscal year, on the most recent 
     data compiled by the United States Bureau of the Census and 
     the latest published reports of the Office of Management and 
     Budget available ninety days prior to the beginning of such 
     fiscal year. The Director may by regulation change or 
     otherwise modify the meaning of the terms defined in 
     subsection (a) in order to reflect any technical change or 
     modification thereof made subsequent to such date by the 
     United States Bureau of the Census or the Office of 
     Management and Budget.
       (c) Designation of Public Agencies.--One or more public 
     agencies, including existing local public agencies, may be 
     designated by the chief executive officer of a State or a 
     unit of general local government to undertake activities 
     assisted under this title.
       (d) Local Governments, Inclusion in Urban County 
     Population.--With respect to program years beginning with the 
     program year for which grants are made available from amounts 
     appropriated for fiscal year 2002 under section __04, the 
     population of any unit of general local government which is 
     included in that of an urban county as provided in subsection 
     (a)(11) shall be included in the population of such urban 
     county for three program years beginning with the program 
     year in which its population was first so included and shall 
     not otherwise be eligible for a grant as a separate entity, 
     unless the urban county does not receive a grant for any year 
     during such three-year period.
       (e) Urban County.--Any county seeking qualification as an 
     urban county, including any urban county seeking to continue 
     such qualification, shall notify, as provided in this 
     subsection, each unit of general local government, which is 
     included therein and is eligible to elect to have its 
     population excluded from that of an urban county, of its 
     opportunity to make such an election. Such notification 
     shall, at a time and in a manner prescribed by the Director, 
     be provided so as to provide a reasonable period for response 
     prior to the period for which such qualification is sought. 
     The population of any unit of general local government which 
     is provided such notification and which does not inform, at a 
     time and in a manner prescribed by the Director, the county 
     of its election to exclude its population from that of the 
     county shall, if the county qualifies as an urban county, be 
     included in the population of such urban county as provided 
     in subsection (d).

     SEC. __04. GRANTS TO STATES, UNITS OF GENERAL LOCAL 
                   GOVERNMENT AND INDIAN TRIBES; AUTHORIZATIONS.

       The Director, working in consultation with the Attorney 
     General is authorized to make grants to States, units of 
     general local government, and Indian tribes to carry out 
     activities in accordance with the provisions of this title. 
     For purposes of assistance under section __07, there is 
     authorized to be appropriated $3,000,000,000 for each of 
     fiscal years 2003 through 2006, and such additional sums as 
     are authorized thereafter. For purposes of assistance under 
     section __08, there is authorized to be appropriated 
     $500,000,000 in fiscal year 2003, and such sums as are 
     authorized thereafter.

     SEC. __05. STATEMENT OF ACTIVITIES AND REVIEW.

       (a) Application.--Prior to the receipt in any fiscal year 
     of a grant under section __07(b) by any metropolitan city or 
     urban county, under section __07(d) by any State, or under 
     section __07(d)(2) by any unit of general local government, 
     the grantee shall have indicated its interest in receiving 
     funds by preparing a statement of homeland security 
     objectives and projected use of funds and shall have provided 
     the Director with the certifications required in subsection 
     (b) and, where appropriate, subsection (c). In the case of 
     metropolitan cities and urban counties receiving grants 
     pursuant to section __07(b) and in the case of units of 
     general local government receiving grants pursuant to section 
     __07(d)(2), the statement of projected use of funds shall 
     consist of proposed homeland security activities. In the case 
     of States receiving grants pursuant to section __07(d), the 
     statement of projected use of funds shall consist of the 
     method by which the States will distribute funds to units of 
     general local government. In preparing the statement, the 
     grantee shall consider any view of appropriate law 
     enforcement, and emergency response authorities and may, if 
     deemed appropriate by the grantee, modify the proposed 
     statement. A copy of the final statement shall be furnished 
     to the Director, the Attorney General, and the Office of 
     Homeland Security together with the certifications required 
     under subsection (b) and, where appropriate, subsection (c). 
     Any final statement of activities may be modified or amended 
     from time to time by the grantee in accordance with the same 
     procedures required in this paragraph for the preparation and 
     submission of such statement.
       (b) Certification of Enumerated Criteria by Grantee to 
     Secretary.--Any grant under section __07 shall be made only 
     if the grantee certifies to the satisfaction of the Director 
     that--
       (1) it has developed a homeland security plan pursuant to 
     section __05 that identifies both short- and long-term 
     homeland security needs that have been developed in 
     accordance with the primary objective and requirements of 
     this title; and
       (2) the grantee will comply with the other provisions of 
     this title and with other applicable laws.
       (c) Submission of Annual Performance Reports, Audits and 
     Adjustments.--
       (1) In general.--Each grantee shall submit to the Director, 
     at a time determined by the Director, a performance and 
     evaluation report concerning the use of funds made available 
     under section __07, together with an assessment by the 
     grantee of the relationship of such use to the objectives 
     identified in the grantee's statement under subsection (a). 
     The Director shall encourage and assist national associations 
     of grantees eligible under section __07, national 
     associations of States, and national associations of units of 
     general local government in nonqualifying areas to develop 
     and recommend to the Director, within 1 year after the 
     effective date of this sentence, uniform recordkeeping, 
     performance reporting, evaluation reporting, and auditing 
     requirements for such grantees, States, and units of general 
     local government, respectively. Based on the Director's 
     approval of these recommendations, the Director shall 
     establish such requirements for use by such grantees, States, 
     and units of general local government.
       (2) Reviews and audits.--The Director shall, at least on an 
     annual basis, make such reviews and audits as may be 
     necessary or appropriate to determine--
       (A) in the case of grants made under section __07(b), 
     whether the grantee has carried out its activities and, where 
     applicable, whether the grantee has carried out those 
     activities and its certifications in accordance with the 
     requirements and the primary objectives of this title and 
     with other applicable laws, and whether the grantee has a 
     continuing capacity to carry out those activities in a timely 
     manner; and
       (B) in the case of grants to States made under section 
     __07(d), whether the State has distributed funds to units of 
     general local government in a timely manner and in 
     conformance to the method of distribution described in its 
     statement, whether the State has carried out its 
     certifications in compliance with the requirements of this 
     title and other applicable laws, and whether the State has 
     made such reviews and audits of the units of general local 
     government as may be necessary or appropriate to determine 
     whether they have satisfied the applicable performance 
     criteria described in subparagraph (A).
       (3) Adjustments.--The Director may make appropriate 
     adjustments in the amount of the annual grants in accordance 
     with the Director's findings under this subsection. With 
     respect to assistance made available to units of general 
     local government under section __07(d), the Director may 
     adjust, reduce, or withdraw such assistance, or take other 
     action as appropriate in accordance with the Director's 
     reviews and audits under this subsection, except that funds 
     already expended on eligible activities under this title 
     shall not be recaptured or deducted from future assistance to 
     such units of general local government.
       (d) Audits.--Insofar as they relate to funds provided under 
     this title, the financial transactions of recipients of such 
     funds may be

[[Page 17163]]

     audited by the General Accounting Office under such rules and 
     regulations as may be prescribed by the Comptroller General 
     of the United States. The representatives of the General 
     Accounting Office shall have access to all books, accounts, 
     records, reports, files, and other papers, things, or 
     property belonging to or in use by such recipients pertaining 
     to such financial transactions and necessary to facilitate 
     the audit.
       (e) Metropolitan City as Part of Urban County.--In any case 
     in which a metropolitan city is located, in whole or in part, 
     within an urban county, the Director may, upon the joint 
     request of such city and county, approve the inclusion of the 
     metropolitan city as part of the urban county for purposes of 
     submitting a statement under section __05 and carrying out 
     activities under this title.

     SEC. __06. ACTIVITIES ELIGIBLE FOR ASSISTANCE.

       (a) In General.--Activities assisted under this title may 
     include only--
       (1) funding additional law enforcement, fire, and emergency 
     resources, including covering overtime expenses;
       (2) purchasing and refurbishing personal protective 
     equipment for fire, police, and emergency personnel and 
     acquire state-of-the-art technology to improve communication 
     and streamline efforts;
       (3) improving cyber and infrastructure security by 
     improving--
       (A) security for water treatment plants, distribution 
     systems, and other water infrastructure; nuclear power plants 
     and other power infrastructure;
       (B) security for tunnels and bridges;
       (C) security for oil and gas pipelines and storage 
     facilities; and
       (D) security for chemical plants and transportation of 
     hazardous substances;
       (4) assisting Local Emergency Planning Committees so that 
     local public agencies can design, review, and improve 
     disaster response systems;
       (5) assisting communities in coordinating their efforts and 
     sharing information with all relevant agencies involved in 
     responding to terrorist attacks;
       (6) establishing timely notification systems that enable 
     communities to communicate with each other when a threat 
     emerges;
       (7) improving communication systems to provide information 
     to the public in a timely manner about the facts of any 
     threat and the precautions the public should take; and
       (8) devising a homeland security plan, including 
     determining long-term goals and short-term objectives, 
     evaluating the progress of the plan, and carrying out the 
     management, coordination, and monitoring of activities 
     necessary for effective planning implementation.

     SEC. __07. ALLOCATION AND DISTRIBUTION OF FUNDS.

       (a) Allocation and Distribution of Funds; Set-Aside for 
     Indian Tribes.--
       (1) Allocation.--For each fiscal year, of the amount 
     approved in an appropriation Act under section __04 for 
     grants in a year (excluding the amounts provided for use in 
     accordance with section __06), the Director shall reserve for 
     grants to Indian tribes 1 percent of the amount appropriated 
     under such section. The Director shall provide for 
     distribution of amounts under this paragraph to Indian tribes 
     on the basis of a competition conducted pursuant to specific 
     criteria for the selection of Indian tribes to receive such 
     amounts. The criteria shall be contained in a regulation 
     promulgated by the Director after notice and public comment.
       (2) Remaining allocation.--Of the amount remaining after 
     allocations pursuant to paragraph (1), 70 percent shall be 
     allocated by the Director to metropolitan cities and urban 
     counties. Except as otherwise specifically authorized, each 
     metropolitan city and urban county shall be entitled to an 
     annual grant, to the extent authorized beyond fiscal year 
     2002, from such allocation in an amount not exceeding its 
     basic amount computed pursuant to paragraph (1) or (2) of 
     subsection (b).
       (b) Computation of Amount Allocated to Metropolitan Cities 
     and Urban Counties.--
       (1) In general.--The Director shall determine the amount to 
     be allocated to each metropolitan city based on the 
     population of that metropolitan city.
       (2) Urban counties.--The Director shall determine the 
     amount to be allocated to each urban county based on the 
     population of that urban county.
       (3) Exclusions.--In computing amounts or exclusions under 
     this section with respect to any urban county, there shall be 
     excluded units of general local government located in the 
     county the populations that are not counted in determining 
     the eligibility of the urban county to receive a grant under 
     this subsection, except that there shall be included any 
     independent city (as defined by the Bureau of the Census) 
     which--
       (A) is not part of any county;
       (B) is not eligible for a grant pursuant to subsection 
     (b)(1);
       (C) is contiguous to the urban county;
       (D) has entered into cooperation agreements with the urban 
     county which provide that the urban county is to undertake or 
     to assist in the undertaking of essential community 
     development and housing assistance activities with respect to 
     such independent city; and
       (E) is not included as a part of any other unit of general 
     local government for purposes of this section.
     Any independent city that is included in any fiscal year for 
     purposes of computing amounts pursuant to the preceding 
     sentence shall not be eligible to receive assistance under 
     subsection (d) with respect to such fiscal year.
       (4) Inclusions.--In computing amounts under this section 
     with respect to any urban county, there shall be included all 
     of the area of any unit of local government which is part of, 
     but is not located entirely within the boundaries of, such 
     urban county if the part of such unit of local government 
     which is within the boundaries of such urban county would 
     otherwise be included in computing the amount for such urban 
     county under this section, and if the part of such unit of 
     local government that is not within the boundaries of such 
     urban county is not included as a part of any other unit of 
     local government for the purpose of this section. Any amount 
     received by such urban county under this section may be used 
     with respect to the part of such unit of local government 
     that is outside the boundaries of such urban county.
       (5) Population.--(A) Where data are available, the amount 
     determined under paragraph (1) for a metropolitan city that 
     has been formed by the consolidation of one or more 
     metropolitan cities with an urban county shall be equal to 
     the sum of the amounts that would have been determined under 
     paragraph (1) for the metropolitan city or cities and the 
     balance of the consolidated government, if such consolidation 
     had not occurred. This paragraph shall apply only to any 
     consolidation that--
       (i) included all metropolitan cities that received grants 
     under this section for the fiscal year preceding such 
     consolidation and that were located within the urban county;
       (ii) included the entire urban county that received a grant 
     under this section for the fiscal year preceding such 
     consolidation; and
       (iii) took place on or after January 1, 2002.
       (B) The population growth rate of all metropolitan cities 
     referred to in section __03 shall be based on the population 
     of--
       (i) metropolitan cities other than consolidated governments 
     the grant for which is determined under this paragraph; and
       (ii) cities that were metropolitan cities before their 
     incorporation into consolidated governments. For purposes of 
     calculating the entitlement share for the balance of the 
     consolidated government under this paragraph, the entire 
     balance shall be considered to have been an urban county.
       (c) Reallocation.--
       (1) In general.--Except as provided in paragraph (2), any 
     amounts allocated to a metropolitan city or an urban county 
     pursuant to the preceding provisions of this section that are 
     not received by the city or county for a fiscal year because 
     of failure to meet the requirements of subsections (a) and 
     (b) of section __05, or that otherwise became available, 
     shall be reallocated in the succeeding fiscal year to the 
     other metropolitan cities and urban counties in the same 
     metropolitan area that certify to the satisfaction of the 
     Director that they would be adversely affected by the loss of 
     such amounts from the metropolitan area. The amount of the 
     share of funds reallocated under this paragraph for any 
     metropolitan city or urban county shall bear the same ratio 
     to the total of such reallocated funds in the metropolitan 
     area as the amount of funds awarded to the city or county for 
     the fiscal year in which the reallocated funds become 
     available bears to the total amount of funds awarded to all 
     metropolitan cities and urban counties in the same 
     metropolitan area for that fiscal year.
       (2) Transfer.--Notwithstanding the provisions of paragraph 
     (1), the Director may upon request transfer responsibility to 
     any metropolitan city for the administration of any amounts 
     received, but not obligated, by the urban county in which 
     such city is located if--
       (A) such city was an included unit of general local 
     government in such county prior to the qualification of such 
     city as a metropolitan city;
       (B) such amounts were designated and received by such 
     county for use in such city prior to the qualification of 
     such city as a metropolitan city; and
       (C) such city and county agree to such transfer of 
     responsibility for the administration of such amounts.
       (d) Allocation to States on Behalf of Non-qualifying 
     Communities.--
       (1) In general.--Of the amount approved in an appropriation 
     Act under section __04 that remains after allocations 
     pursuant to paragraphs (1) and (2) of subsection (a), 30 
     percent shall be allocated among the States for use in 
     nonqualifying areas. The allocation for each State shall be 
     based on the population of that State, relative to the 
     populations of all States, excluding the population of 
     qualifying communities. The Director shall, in order to 
     compensate for the discrepancy between the total of the 
     amounts to be allocated under this paragraph and the total of 
     the amounts available under such paragraph, make a pro rata 
     reduction of each amount allocated to the nonqualifying 
     communities in each State under such paragraph so that the 
     nonqualifying communities in

[[Page 17164]]

     each State will receive an amount that represents the same 
     percentage of the total amount available under such paragraph 
     as the percentage which the nonqualifying areas of the same 
     State would have received under such paragraph if the total 
     amount available under such paragraph had equaled the total 
     amount which was allocated under such paragraph.
       (2) Distribution.--(A) Amounts allocated under paragraph 
     (1) shall be distributed to units of general local government 
     located in nonqualifying areas of the State to carry out 
     activities in accordance with the provisions of this title--
       (i) by a State that has elected, in such manner and at such 
     time as the Director shall prescribe, to distribute such 
     amounts consistent with the statement submitted under section 
     __05(a); or
       (ii) by the Director, in any case described in subparagraph 
     (B), for use by units of general local government in 
     accordance with paragraph (3)(B).
       (B) The Director shall distribute amounts allocated under 
     paragraph (1) if the State has not elected to distribute such 
     amounts.
       (C) To receive and distribute amounts allocated under 
     paragraph (1), the State must certify that it, with respect 
     to units of general local government in nonqualifying areas--
       (i) provides or will provide technical assistance to units 
     of general local government in connection with homeland 
     security initiatives;
       (ii) will not refuse to distribute such amounts to any unit 
     of general local government on the basis of the particular 
     eligible activity selected by such unit of general local 
     government to meet its homeland security objectives, except 
     that this clause may not be considered to prevent a State 
     from establishing priorities in distributing such amounts on 
     the basis of the activities selected; and
       (iii) has consulted with local elected officials from among 
     units of general local government located in nonqualifying 
     areas of that State in determining the method of distribution 
     of funds required by subparagraph (A).
       (D) To receive and distribute amounts allocated under 
     paragraph (1), the State shall certify that each unit of 
     general local government to be distributed funds will be 
     required to identify its homeland security objectives, and 
     the activities to be undertaken to meet such objectives.
       (3) Minimum amount.--
       (A) In general.--Each State (other than the District of 
     Columbia, Puerto Rico, the Virgin Islands, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands) 
     shall receive for each fiscal year a base amount of 
     $18,000,000 of the total amount appropriated for each fiscal 
     year for grants made available to States under this section.
       (B) District of columbia and territories.--The District of 
     Columbia, Puerto Rico, the Virgin Islands, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands 
     shall each receive for each fiscal year $3,000,000 of the 
     total amount appropriated for each fiscal year for grants 
     made available to States under this section.
       (4) Administration.--(A) If the State receives and 
     distributes such amounts, it shall be responsible for the 
     administration of funds so distributed. The State shall pay 
     from its own resources all administrative expenses incurred 
     by the State in carrying out its responsibilities under this 
     title, except that from the amounts received for distribution 
     in nonqualifying areas, the State may deduct an amount to 
     cover such expenses and its administrative expenses not to 
     exceed the sum of $150,000 plus 50 percent of any such 
     expenses under this title in excess of $150,000. Amounts 
     deducted in excess of $150,000 shall not exceed 2 percent of 
     the amount so received.
       (B) If the Director distributes such amounts, the 
     distribution shall be made in accordance with determinations 
     of the Director pursuant to statements submitted and the 
     other requirements of section __05 (other than subsection 
     (c)) and in accordance with regulations and procedures 
     prescribed by the Director.
       (C) Any amounts allocated for use in a State under 
     paragraph (1) that are not received by the State for any 
     fiscal year because of failure to meet the requirements of 
     subsection (a) or (b) of section __05 shall be added to 
     amounts allocated to all States under paragraph (1) for the 
     succeeding fiscal year.
       (D) Any amounts allocated for use in a State under 
     paragraph (1) that become available as a result of the 
     closeout of a grant made by the Director under this section 
     in nonqualifying areas of the State shall be added to amounts 
     allocated to the State under paragraph (1) for the fiscal 
     year in which the amounts become so available.
       (5) Single unit.--Any combination of units of general local 
     governments may not be required to obtain recognition by the 
     Director pursuant to section __03(2) to be treated as a 
     single unit of general local government for purposes of this 
     subsection.
       (6) Deduction.--From the amounts received under paragraph 
     (1) for distribution in nonqualifying areas, the State may 
     deduct an amount, not to exceed 1 percent of the amount so 
     received, to provide technical assistance to local 
     governments.
       (7) Applicability.--Any activities conducted with amounts 
     received by a unit of general local government under this 
     subsection shall be subject to the applicable provisions of 
     this title and other Federal law in the same manner and to 
     the same extent as activities conducted with amounts received 
     by a unit of general local government under subsection (a).
       (e) Qualifications and Determinations.--The Director may 
     fix such qualification or submission dates as he determines 
     are necessary to permit the computations and determinations 
     required by this section to be made in a timely manner, and 
     all such computations and determinations shall be final and 
     conclusive.
       (f) Pro Rata Reduction and Increase.--If the total amount 
     available for distribution in any fiscal year to metropolitan 
     cities and urban counties under this section is insufficient 
     to provide the amounts to which metropolitan cities and urban 
     counties would be entitled under subsection (b), and funds 
     are not otherwise appropriated to meet the deficiency, the 
     Director shall meet the deficiency through a pro rata 
     reduction of all amounts determined under subsection (b). If 
     the total amount available for distribution in any fiscal 
     year to metropolitan cities and urban counties under this 
     section exceeds the amounts to which metropolitan cities and 
     urban counties would be entitled under subsection (b), the 
     Director shall distribute the excess through a pro rata 
     increase of all amounts determined under subsection (b).

     SEC. __08. STATE AND REGIONAL PLANNING; COMMUNICATIONS 
                   SYSTEMS.

       (a) In General.--Pursuant to section __04, $500,000,000 
     shall be used for homeland defense planning within the States 
     by the States, for interstate, multistate or regional 
     authorities, and within regions through regional 
     cooperations; the development and maintenance of Statewide 
     training facilities and homeland best-practices 
     clearinghouses; and the development and maintenance of 
     communications systems that can be used between and among 
     first responders, including law enforcement, fire, and 
     emergency medical personnel as follows:
       (1) $325,000,000 to the States, and interstate, multistate 
     or regional authorities for homeland defense planning, 
     coordination, and implementation;
       (2) $50,000,000 to regional cooperations for homeland 
     defense planning and coordination;
       (3) $50,000,000 to the States for the development and 
     maintenance of Statewide training facilities and best-
     practices clearinghouses; and
       (4) $75,000,000 to the States for the States and for local 
     communities for the development and maintenance of 
     communications systems that can be used between and among 
     first responders at the State and local level, including law 
     enforcement, fire, and emergency personnel.
       (b) Allocations.--Funds under this section to be awarded to 
     States shall be allocated among the States based upon the 
     population for each State relative to the populations of all 
     States. The ``minimum amount'' provision set forth in section 
     __07(d)(3) shall apply to funds awarded under this section to 
     States. With respect to subsection (a)(4), at least 30 
     percent of the funds awarded must be used for the development 
     and maintenance of local communications systems.
       (c) Regional Cooperations.--Funds under this section to be 
     awarded to regional cooperations shall be allocated among the 
     regional cooperations based upon the population of the areas 
     covered by the cooperations.

     SEC. __09. NONDISCRIMINATION IN PROGRAMS AND ACTIVITIES.

       No person in the United States shall on the ground of race, 
     color, national origin, religion, or sex be excluded from 
     participation in, be denied the benefits of, or be subjected 
     to discrimination under any program or activity funded in 
     whole or in part with funds made available under this title. 
     Any prohibition against discrimination on the basis of age 
     under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et 
     seq.) or with respect to an otherwise qualified handicapped 
     individual as provided in section 504 of the Rehabilitation 
     Act of 1973 (29 U.S.C. 794) shall also apply to any such 
     program or activity.

     SEC. __10. REMEDIES FOR NONCOMPLIANCE WITH REQUIREMENTS.

       If the Director finds after reasonable notice and 
     opportunity for hearing that a recipient of assistance under 
     this title has failed to comply substantially with any 
     provision of this title, the Director, until he is satisfied 
     that there is no longer any such failure to comply, shall--
       (1) terminate payments to the recipient under this title;
       (2) reduce payments to the recipient under this title by an 
     amount equal to the amount of such payments which were not 
     expended in accordance with this title; or
       (3) limit the availability of payments under this title to 
     programs, projects, or activities not affected by such 
     failure to comply.

[[Page 17165]]



     SEC. __11. REPORTING REQUIREMENTS.

       (a) In General.--Not later than 180 days after the close of 
     each fiscal year in which assistance under this title is 
     furnished, the Director shall submit to Congress a report 
     which shall contain--
       (1) a description of the progress made in accomplishing the 
     objectives of this title;
       (2) a summary of the use of such funds during the preceding 
     fiscal year; and
       (3) a description of the activities carried out under 
     section __07.
       (b) Reports to the Director.--The Director is authorized to 
     require recipients of assistance under this title to submit 
     to him such reports and other information as may be necessary 
     in order for the Director to make the report required by 
     subsection (a).

     SEC. __12. CONSULTATION BY ATTORNEY GENERAL.

       In carrying out the provisions of this title including the 
     issuance of regulations, the Director shall consult with the 
     Attorney General (especially as to any issues of concern to 
     the law enforcement community at the State and local level), 
     the Office of Homeland Security, and other Federal 
     departments and agencies administering Federal grant-in-aid 
     programs.

     SEC. __13. INTERSTATE AGREEMENTS OR COMPACTS; PURPOSES.

       The consent of the Congress is hereby given to any two or 
     more States to enter into agreements or compacts, not in 
     conflict with any law of the United States, for cooperative 
     effort and mutual assistance in support of homeland security 
     planning and programs carried out under this title as they 
     pertain to interstate areas and to localities within such 
     States, and to establish such agencies, joint or otherwise, 
     as they may deem desirable for making such agreements and 
     compacts effective.

     SEC. __14. MATCHING REQUIREMENTS; SUSPENSION OF REQUIREMENTS 
                   FOR ECONOMICALLY DISTRESSED AREAS.

       (a) Requirement.--Grant recipients shall contribute from 
     funds, other than those received under this title, 10 percent 
     of the total funds received under this title. Such funds 
     shall be used in accordance with the grantee's statement of 
     homeland security objectives.
       (b) Economic Distress.--Grant recipients that are deemed 
     economically distressed shall be waived from the matching 
     requirement set forth in this section.
                                 ______
                                 
  SA 4656. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 129, beginning with line 8, strike through line 7 
     on page 130.
                                 ______
                                 
  SA 4657. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 130, between lines 7 and 8, insert the following:
       (d) Reduction of Authorizations.--Each amount authorized by 
     subsection (a)(1) shall be reduced by any appropriated amount 
     used by Amtrak for the activity for which the amount is 
     authorized.
                                 ______
                                 
  SA 4658. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 129, strike lines 23 through 25.
                                 ______
                                 
  SA 4659. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 129, line 25, strike ``locomotives.'' and insert 
     ``locomotives, upon a determination by the Secretary of 
     Transportation that such emergency repairs are necessary for 
     safety and security purposes.''.
                                 ______
                                 
  SA 4660. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 129, beginning with line 8, strike through line 7 
     on page 130, and insert the following:

     SEC. 168. RAIL SECURITY ENHANCEMENTS.

       (a) Emergency Amtrak Assistance.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary of Transportation for the use of Amtrak--
       (A) $375,000,000 for systemwide security upgrades, 
     including the reimbursement of extraordinary security-related 
     costs determined by the Secretary of Transportation 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;
       (B) $778,000,000 to be used to complete New York tunnel 
     life safety projects and rehabilitate tunnels in Washington, 
     D.C., and Baltimore, Maryland; and
       (C) $55,000,000 for the emergency repair, and returning to 
     service, of Amtrak passenger cars and locomotives, upon a 
     determination by the Secretary of Transportation that such 
     emergency repairs are necessary for safety and security 
     purposes.
       (2) Availability of appropriated funds.--Amounts 
     appropriated pursuant to paragraph (1) shall remain available 
     until expended.
       (3) Plan required.--The Secretary of Transportation may not 
     make amounts available to Amtrak for obligation or 
     expenditure under paragraph (1)--
       (A) for implementing systemwide security upgrades, 
     including the emergency repair of passenger cars and 
     locomotives, until Amtrak has submitted to the Secretary of 
     Transportation, and the Secretary has approved, after 
     consultation with the Secretary of Homeland Security, a plan 
     for such upgrades;
       (B) for completing the tunnel life safety and 
     rehabilitation projects until Amtrak has submitted to the 
     Secretary of Transportation, and the Secretary has approved, 
     an engineering and financial plan for such projects; and
       (C) Amtrak has submitted to the Secretary of Transportation 
     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.
       (4) Financial contribution from other tunnel users.--The 
     Secretary of Transportation shall, taking into account the 
     need for the timely completion of all life safety portions of 
     the tunnel projects described in paragraph (3)(B)--
       (A) consider the extent to which rail carriers other than 
     Amtrak use the tunnels;
       (B) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (C) obtain financial contributions or commitments from such 
     other rail carriers if feasible.
       (5) Review of plan.--The Secretary of Transportation shall 
     complete the review of the plan required by paragraph (3) and 
     approve or disapprove the plan within 45 days after the date 
     on which the plan is submitted by Amtrak. If the Secretary 
     determines that the plan is incomplete or deficient, the 
     Secretary shall notify Amtrak of the incomplete items or 
     deficiencies and Amtrak shall, within 30 days after receiving 
     the Secretary's notification, submit a modified plan for the 
     Secretary's review. Within 15 days after receiving a modified 
     plan from Amtrak, the Secretary shall either approve the 
     modified plan, or, if the Secretary finds the plan is still 
     incomplete or deficient, the Secretary shall approve the 
     portions of the plan that are complete and sufficient, 
     release associated funds, and Amtrak shall execute an 
     agreement with the Secretary within 15 days thereafter on a 
     process for completing the remaining portions of the plan.
       (6) 50-percent to be spent outside the northeast 
     corridor.--The Secretary of Transportation shall ensure that 
     up to 50 percent of the amounts appropriated pursuant to 
     paragraph (1)(A) is obligated or expended for projects 
     outside the Northeast Corridor.
       (7) Assessments by dot inspector general.--
       (A) 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--
       (i) 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
       (ii) indicating any adjustments that need to be made in 
     that plan to exclude projects for which funds are 
     appropriated pursuant to paragraph (1).
       (B) 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.
       (8) Coordination with existing law.--Amounts made available 
     to Amtrak under

[[Page 17166]]

     this sub-section shall not be considered to be Federal 
     assistance for purposes of part C of subtitle V of title 49, 
     United States Code.
       (9) Reduction of authorizations.--Each amount authorized by 
     paragraph (1) shall be reduced by any appropriated amount 
     used by Amtrak for the activity for which the amount is 
     authorized.
                                 ______
                                 
  SA 4661. Mrs. CLINTON submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:
       At the end of subtitle D of title I of division A, add the 
     following:

     SEC. 173. FIRST RESPONDER PERSONNEL COSTS.

       Local governments receiving Federal homeland security 
     funding under this Act, whether directly or as a pass-through 
     from the States, may use up to 20 percent of Federal funds 
     received for first time responder personnel costs, including 
     overtime costs.
                                 ______
                                 
  SA 4662. Mr. SMITH of Oregon submitted an amendment intended to be 
proposed by him to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

     SEC. 1. FINDINGS.

       The Congress finds the following:
       (1) Even before the terrorist attacks of September 11, 
     2002, American citizens were a target of choice for terrorist 
     organizations.
       (2) The United States has a strong interest in ensuring 
     that those who commit terrorist acts against Americans and 
     American interests are apprehended and prosecuted to the full 
     extent of the law.
       (3) Under United States law, individuals who commit acts of 
     international terrorism outside of the United States may be 
     prosecuted for such acts in the United States.
       (4) Despite vigorous, sustained diplomatic efforts and 
     financial assistance, little has been done to apprehend, 
     indict, prosecute, and convict individuals who have committed 
     terrorist attacks against nationals of the United States, 
     including in areas such as those controlled by the Palestine 
     Authority.

     SEC. 2. ESTABLISHMENT OF OFFICE IN THE DEPARTMENT OF HOMELAND 
                   SECURITY TO MONITOR TERRORIST ACTS AGAINST 
                   AMERICANS ABROAD, TO PROVIDE INFORMATION AND 
                   SUPPORT SERVICES TO FAMILY MEMBERS OF THE 
                   VICTIMS OF TERRORISM, AND CARRY OUT RELATED 
                   ACTIVITIES.

       (a) In General.--The President shall establish within the 
     Department of Homeland Security an office to carry out the 
     following activities:
       (1) Monitor acts of international terrorism against United 
     States citizens.
       (2) Collect information against individuals alleged to have 
     committed acts of international terrorism described in 
     paragraph (1).
       (3) Offer rewards for information on individuals alleged to 
     have committed acts of international terrorism described in 
     paragraph (1), including the dissemination of information 
     relating to such rewards in appropriate foreign media.
       (4) Negotiate with the foreign governments, government 
     authorities, or entities governing the nation or territory on 
     which the terrorist act described in paragraph (1) occurred 
     to obtain financial compensation for nationals of the United 
     States, or their families, injured or killed by such acts of 
     terrorism.
       (5) In conjunction with other appropriate Federal agencies, 
     seek justice for individuals who commit acts of terrorism 
     described in paragraph (1), whether through indictment, 
     effective prosecution abroad, or extradition to the United 
     States.
       (6) Contact the families of victims of acts of terrorism 
     described in paragraph (1) and provide regular updates on the 
     progress to apprehend, indict, prosecute, and convict the 
     individuals who commit such acts.
       (7) In any country or territory in which a terrorist act 
     against an American occurs, providing training for an 
     appropriate number of United States officials abroad to carry 
     out the effective execution of paragraphs (1) through (6).
       (8) In consultation with the Secretary of State, provide 
     information and a full report on the status of apprehension, 
     indictment, and prosecution of individuals who commit acts of 
     terrorism against Americans abroad as part of the 
     Department's annual ``Patterns of Global Terrorism'' report 
     established in section 2656f(a) of Title 22 of the U.S. Code.
       (b) Definition.--In this section, the term `international 
     terrorism' has the meaning given such term in section 2331(1) 
     of title 18, United States Code.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     for fiscal year 2003 and each subsequent fiscal year such 
     sums as may be necessary to carry out this Act.
       (b) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under subsection (a) are 
     authorized to remain available until expended.
                                 ______
                                 
  SA 4663. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sense of the Congress.--It is the Sense of the Congress 
     that the Department of Homeland Security shall comply with 
     all laws protecting the civil rights and civil liberties of 
     U.S. persons.
                                 ______
                                 
  SA 4664. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       It is the Sense of the Congress that the Department of 
     Homeland Security shall comply with all laws protecting the 
     privacy of U.S. persons.
                                 ______
                                 
  SA 4665. Mr. KOHL submitted an amendment intended to be proposed by 
him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

 Title __ TRANSFER OF FUNCTIONS OF THE BUREAU OF ALCOHOL, TOBACCO AND 
                 FIREARMS TO THE DEPARTMENT OF JUSTICE

     SEC. 101. TRANSFER OF FUNCTIONS.

       Notwithstanding any other provision of law, there are 
     transferred to the Attorney General the authorities, 
     functions, personnel, and assets of the Bureau of Alcohol, 
     Tobacco and Firearms, which shall be maintained as a distinct 
     entity within the Department of Justice, including the 
     functions of the Secretary of the Treasury relating thereto.

     SEC. 201. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS.

       (a) There is established in the Department of Justice an 
     agency that shall be known as the Bureau of Alcohol, Tobacco 
     and Firearms, hereinafter known as the ``Bureau.'' Subject to 
     the direction of the Attorney General, the Bureau shall be 
     the primary agency within the Department of Justice for 
     enforcement of the Federal firearms, explosives, arson, 
     alcohol and tobacco laws, as well as all regulatory 
     enforcement and revenue collection functions of the firearms, 
     explosives, alcohol and tobacco laws, to include the 
     functions transferred by section 301 of this Act, as well as 
     any other functions related to the investigation of violent 
     crime as the Attorney General may delegate to the bureau.
       (b) There shall be at the head of the Bureau the Director, 
     Bureau of Alcohol, Tobacco and Firearms, hereinafter known as 
     the ``Director.'' The Director shall perform such functions 
     as the Attorney General shall from time to time direct. The 
     office of Director shall be a career-reserved position within 
     the Senior Executive Service. The Bureau shall have as its 
     chief legal officer a Chief Counsel, who shall be a career-
     reserved officer within the Senior Executive Service.

     SEC. 301. FUNCTIONS TRANSFERRED TO THE BUREAU OF ALCOHOL, 
                   TOBACCO AND FIREARMS, DEPARTMENT OF JUSTICE.

       (a) Chapter 40 of title 18, United States Code, is 
     amended--
       (1) In section 841(k) by striking ```Secretary' means the 
     Secretary of the Treasury or his delegate'' and inserting 
     ```Attorney General' means the Attorney General of the United 
     States.''
       (2) by striking ``Secretary'' each place it appears and 
     inserting ``Attorney General''.
       (b) Section 103 of Pub. L. 90-618 is amended by striking 
     ``Secretary of the Treasury'' and inserting ``Attorney 
     General''.;
       (c) Chapter 44 of title 18, United States Code, is 
     amended--
       (1) In section 921(a)(4)(B), by striking ``Secretary'' and 
     inserting ``Attorney General'';
       (2) In the undesignated clause following section 
     921(a)(4)(C), and in section 923(l), by striking ``Secretary 
     of the Treasury'' and inserting ``Attorney General'';
       (3) In section 921(a)(18), by striking ```Secretary' or 
     `Secretary of the Treasury' means the Secretary of the 
     Treasury or his delegate'' and inserting ``Attorney General 
     means the Attorney General of the United States''; and
       (4) Except in sections 921(a)(4) and 922(p)(5), by striking 
     the term ``Secretary'' each place it appears, and inserting 
     the term ``Attorney General''.
       (d) Chapter 203 of title 18, United States Code, is amended 
     by adding a new section 3051 to read as follows:

     ``Sec. 3051. Powers of Agents of Bureau of Alcohol, Tobacco 
       and Firearms.

       (a) Special agents of the Bureau of Alcohol, tobacco and 
     Firearms whom the Attorney

[[Page 17167]]

     General charges with the duty of enforcing any of the 
     criminal, seizure, or forfeiture provisions of the laws of 
     the United States, may carry firearms, serve warrants and 
     subpoenas issued under the authority of the United States and 
     make arrests without warrant for any offense against the 
     United States committed in their presence, or for any felony 
     cognizable under the laws of the United States if they have 
     reasonable grounds to believe that the person to be arrested 
     has committed or is committing such felony.
       (b) Any special agent of the Bureau of Alcohol, Tobacco and 
     Firearms may, in respect to the performance of his or her 
     duties, make seizures of property subject to forfeiture to 
     the United States.''
       (c)(1) Except as provided in paragraph (2) and (3), and 
     except to the extent that such provisions conflict with the 
     provisions of section 983 of Title 18, United States Code, 
     insofar as section 983 applies, the provisions of the Customs 
     laws relating to--
       (A) the Seizure, summary and judicial forfeiture, and 
     condemnation of property;
       (B) the disposition of such property;
       (C) the remission or mitigation of such forfeiture; and
       (D) the compromise of claims, shall apply to seizures and 
     forfeitures incurred, or alleged to have been incurred, under 
     any applicable provision of law enforced or administered by 
     the Bureau of Alcohol, Tobacco and Firearms,
       (2) For purposes of paragraph (1), duties that are imposed 
     upon a Customs officer or any other person with respect to 
     the seizure and forfeiture of property under the Customs laws 
     of the United States shall be performed with respect to 
     seizures and forfeitures of property under this section by 
     such officers, agents, or any other person as may be 
     authorized or designated for that purpose by the Attorney 
     General.''
       (3) Notwithstanding any other provisions of law, the 
     disposition of firearms forfeited by reason of a violation of 
     any law of the United States shall be governed by the 
     provisions of section 5872(b) of the Internal Revenue Code of 
     1986.
       (e) Chapter 114 of title 18, United States Code, is 
     amended--
       (1) in section 2341(5) by striking ```Secretary' means the 
     Secretary of the Treasury'' and inserting ```Attorney 
     General' means the Attorney General of the United States.''; 
     and
       (2) by striking ``Secretary'' each place it appears and 
     inserting ``Attorney General''.
       (f) Section 1261 of title 18, United States Code, is 
     amended by striking subsection (a) and inserting the new 
     subsection (a) to read as follows:
       ``(a) The Attorney General shall enforce the provisions of 
     this chapter, and has the authority to issue regulations to 
     carry out its provisions.''
       (g) Section 1952(c) of title 18, United States Code, is 
     amended by striking ``Secretary of the Treasury'' and 
     inserting ``Attorney General.''
       (h) Section 7801(a) is amended--
       (1) by inserting ``(1)'' before ``Except''; and
       (2) by inserting a new paragraph (2) to read as follows:
       ``(2) The administration and enforcement of the following 
     provisions of this title shall be performed by or under the 
     supervision of the Attorney General; and the terms 
     ``Secretary'' or ``Secretary of the Treasury'' shall, when 
     applied to those provisions, mean the Attorney General; and 
     the term ``internal revenue officer'' shall, when applied to 
     those provisions, mean any officer of the Bureau of Alcohol, 
     Tobacco and Firearms so designated by the Attorney General; 
     provided that, the Attorney General shall adopt all rulings 
     and interpretations of the Bureau of Alcohol, Tobacco and 
     Firearms in existence on the effective date of this Act which 
     concern the following provisions of this title and shall 
     consult with the Secretary of the Treasury to achieve 
     uniformity and consistency in administering such laws:
       (A) sections 4181 and 4182 of chapter 32 of this title;
       (B) subchapters F and G of chapter 32 of this title, 
     insofar as they relate to the provisions of sections 4181 and 
     4182 of chapter 32;
       (C) chapters 51, 52, and 53 of this title; and
       (D) chapters 61 and 80, inclusive, of this title, insofar 
     as they relate to the enforcement and administration of the 
     provisions named in subparagraphs (A), (B), and (C) of this 
     paragraph.
       (i) Chapter 1 of Title 27, United States Code, is amended 
     by adding a new section 1 to read as follows:
       `` Sec. 1. The administration and enforcement of this title 
     shall be performed by or under the supervision of the 
     Attorney General; and the term ``Secretary'' or ``Secretary 
     of the Treasury'' shall, when applied to those provisions, 
     mean the Attorney General.''

     SEC. 4091. CONFORMING CHANGES.

       (a) Section 2006 of title 28, United States Code , is 
     amended by inserting'', the Attorney General,'' after ``the 
     Secretary of the Treasury''.
       (b) Section 9703 of title 31, United States Code, is 
     amended--
       (1) by striking subsection (a)(2)(B)(v);
       (2) by striking subsection (o);
       (3) by redesignating existing subsection (p) as subsection 
     (o); and
       (4) in subsection (o)(1), as redesignated, by striking ``, 
     the Bureau of Alcohol, Tobacco and Firearms''.
       (c) Section 13921(a) of title 42, United States Code, is 
     amended by striking ``Secretary of the Treasury'' each place 
     it appears and inserting in lieu thereof ``Attorney 
     General''.
       (d) Section 80303 of title 49, United States Code, is 
     amended--
       (1) by adding ``or, when the violation of this chapter 
     involves contraband described in section 80302(a)(2) or 
     (a)(5) of this title, the Attorney General'' after ``section 
     80304 of this title,''; and
       (2) by inserting ``or the Attorney General'' after ``or 
     appropriate Governor''.
       (e) Section 80304 of title 49, United States Code, is 
     amended--
       (1) in subsection (a), by striking ``(b) and (c)'' and 
     inserting ``(b), (c), and (d)'';
       (2) by redesignating current subsection (d) as subsection 
     (e); and
       (3) by adding a new subsection (d) to read as follows:
       ``(d) Attorney General.--The Attorney General, or officers, 
     employees, or agents of the Bureau of Alcohol, Tobacco and 
     Firearms, Department of Justice designated by the Attorney 
     General, shall carry out the laws referred to in section 
     80306(b) of this title to the extent that the violation of 
     this chapter involves contraband described in section 
     80302(a)(2) or (a)(5).''

     SEC. 501. EXPLOSIVES TRAINING AND RESEARCH FACILITY.

       (a) in General.--The Director, Bureau of Alcohol, Tobacco 
     and Firearms, Department of Justice, shall use the funds made 
     available pursuant to subsection (b) to establish an 
     Explosives Training and Research Facility at Fort AP Hill, 
     Fredericksburg, Virginia. Such facility shall be utilized to 
     train Federal, State, and local law enforcement officers on 
     investigating bombings and arsons, proper handling, 
     utilization, and disposal of explosive materials and devices, 
     training of explosive detection canines, and conducting 
     research on explosives and arson.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated for the Bureau of Alcohol, Tobacco and 
     Firearms such sums as shall be necessary to establish and 
     maintain the facility referenced in subsection (a). Funds 
     made available pursuant to this subsection in any fiscal year 
     shall remain available until expended.

     SEC. 601. PERSONAL PAY MANAGEMENT SYSTEM.

       Notwithstanding any other provision of law, the Personal 
     Pay Management System Program established under Section 102 
     of Title I, Div., of the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act for Fiscal Year 1999, Pub. L. 
     No. 105-277, 122 Stat. 2681 (5 U.S.C. 3104) shall be 
     transferred to the Attorney General of the United States for 
     the Bureau of Alcohol, Tobacco and Firearms.

     SEC. 701. SENIOR EXECUTIVE SERVICE.

       Notwithstanding any other provision of law, all Senior 
     Executive Service positions allocated by the Department of 
     the Treasury to the Bureau of Alcohol, Tobacco and Firearms, 
     including the Office of Chief Counsel, shall be transferred 
     to the Attorney General of the United States for the Bureau 
     of Alcohol, Tobacco and Firearms.

     SEC. 801. PERMITS FOR PURCHASERS OF EXPLOSIVES.

       (a) Definitions.--Section 841 of title 18, United States 
     Code, is amended--
       (1) by striking subsection (j) and inserting the following:
       ``(j) `Permittee' means any user of explosives for a lawful 
     purpose, who has obtained either a user permit or a limited 
     user permit under the provisions of this chapter.''; and
       (2) by adding at the end the following:
       ``(r) `Alien' means any person who is not a citizen or 
     national of the United States.
       ``(s) `Intimate partner' means, with respect to a person, 
     the spouse of the person, a former spouse of the person, an 
     individual who is a parent of a child of the person, and an 
     individual who cohabits or has cohabited with the person.
       ``(t)(1) Except as provided in paragraph (2), `misdemeanor 
     crime of domestic violence' means an offense that--
       ``(A) is a misdemeanor under Federal or State law; and
       ``(B) has, as an element, the use or attempted use of 
     physical force, or the threatened use of a deadly weapon, 
     committed by a current or former spouse, parent, or guardian 
     of the victim, by a person with whom the victim shares a 
     child in common, by a person who is cohabiting with or has 
     cohabited with the victim as a spouse, parent, or guardian, 
     or by a person similarly situated to a spouse, parent, or 
     guardian of the victim.
       ``(2) A person shall not be considered to have been 
     convicted of such an offense for purposes of this chapter, 
     unless--
       ``(A) the person was represented by counsel in the case, or 
     knowingly and intelligently waived the right to counsel in 
     the case; and
       ``(B) in the case of a prosecution for an offense described 
     in this subsection for which a person was entitled to a jury 
     trial in the jurisdiction in which the case was tried, 
     either--
       ``(i) the case was tried by a jury; or
       ``(ii) the person knowingly and intelligently waived the 
     right to have the case tried by a jury, by guilty plea or 
     otherwise.

[[Page 17168]]

       ``(u) `Responsible person' means an individual who has the 
     power to direct the management and policies of the applicant 
     pertaining to explosive materials.''.
       (b) Permits for Purchase of Explosives.--Section 842 of 
     title 18, United States Code, is amended--
       (1) in subsection (a)(2), by striking ``and'' at the end;
       (2) by striking subsection (a)(3) and inserting the 
     following:
       ``(3) other than a licensee or permittee knowingly--
       ``(A) to transport, ship, cause to be transported, or 
     receive any explosive materials; or
       ``(B) to distribute explosive materials to any person other 
     than a licensee or permittee; or
       ``(4) who is a holder of a limited user permit--
       ``(A) to transport, ship, cause to be transported, or 
     receive in interstate or foreign commerce any explosive 
     materials; or
       ``(B) to receive explosive materials from a licensee or 
     permittee, whose premises are located outside the State of 
     residence of the limited user permit holder, or on more than 
     6 separate occasions, during the period of the permit, to 
     receive explosive materials from 1 or more licensees or 
     permittees whose premises are located within the State of 
     residence of the limited user permit holder.''; and
       (3) by striking subsection (b) and inserting the following:
       ``(b) It shall be unlawful for any licensee or permittee 
     knowingly to distribute any explosive materials to any person 
     other than--
       ``(1) a licensee;
       ``(2) a holder of a user permit; or
       ``(3) a holder of a limited user permit who is a resident 
     of the State where distribution is made and in which the 
     premises of the transferor are located.''.
       (c) Licenses and User Permits.--Section 843(a) of title 18, 
     United States Code, is amended--
       (1) by inserting ``or limited user permit'' after ``user 
     permit'' in the first sentence;
       (2) by inserting before the period at the end of the first 
     sentence the following: ``, including the names of and 
     appropriate identifying information regarding all employees 
     who will be authorized by the applicant to possess explosive 
     materials, as well as fingerprints and a photograph of each 
     responsible person''; and
       (3) by striking the third sentence and inserting ``Each 
     license or user permit shall be valid for no longer than 3 
     years from the date of issuance and each limited user permit 
     shall be valid for no longer than 1 year from the date of 
     issuance. Each license or permit shall be renewable upon the 
     same conditions and subject to the same restrictions as the 
     original license or permit, and upon payment of a renewal fee 
     not to exceed one-half of the original fee.''
       (d) Criteria for Approving Licenses and Permits.--Section 
     843(b) of title 18, United States Code, is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) the applicant (or, if the applicant is a corporation, 
     partnership, or association, each responsible person with 
     respect to the applicant) is not a person who is prohibited 
     from receiving, distributing, transporting, or possessing 
     explosive materials under subsection (d) or (i) of section 
     842;'';
       (2) by striking paragraph (4) and inserting the following:
       ``(4) the applicant has a place of storage for explosive 
     materials that the Secretary may verify by inspection or such 
     other means as the Secretary determines to be appropriate, 
     meets such standards of public safety and security against 
     theft as the Secretary shall prescribe by regulations;''
       (3) in paragraph (5), by striking the period at the end; 
     and
       (4) by adding at the end the following:
       ``(6) none of the employees of the applicant who will be 
     authorized by the applicant to possess explosive materials is 
     a person whose possession of explosives would be unlawful 
     under section 842(i); and
       ``(7) in the case of a limited user permit, the applicant 
     has certified in writing that the applicant will not receive 
     explosive materials on more than 6 separate occasions during 
     the 12-month period for which the limited user permit is 
     valid.''
       (e) Application Approval.--Section 843(c) of title 18, 
     United States Code, is amended by striking ``forty-five 
     days'' and inserting ``45 days for limited user permits and 
     90 days for licenses and user permits,''
       (f) Inspection Authority.--Section 843(f) of title 18, 
     United States Code, is amended in the second sentence, by 
     striking ``permittee'' the first time it appears and 
     inserting ``holder of a user permit''.
       (g) Posting of Permits.--Section 843(g) of title 18, United 
     States Code, is amended by inserting ``user'' before 
     ``permits''.
       (h) Background Checks; Clearances.--Section 843 of title 
     18, United States Code, is amended by adding at the end the 
     following:
       ``(h)(1) If the Secretary receives from an employer the 
     name and other identifying information with respect to a 
     responsible person or an employee who will be authorized by 
     the employer to possess explosive materials in the course of 
     employment with the employer, the Secretary shall determine 
     whether possession of explosives by the responsible person or 
     the employee, as the case may be, would be unlawful under 
     section 842(i). In making the determination, the Secretary 
     may take into account a letter or document issued under 
     paragraph (2).
       ``(2)(A) If the Secretary determines that possession of 
     explosives by the responsible person or the employee would 
     not be lawful under section 842(i), the Secretary shall 
     notify the employer in writing or electronically of the 
     determination and issue to the responsible person or the 
     employee, as the case may be, a letter of clearance which 
     confirms the determination.
       ``(B) If the Secretary determines that possession of 
     explosives by the responsible person or the employee would be 
     unlawful under section 942(i), the Secretary shall notify the 
     employer in writing or electronically of the determination 
     and issue to the responsible person or the employee, as the 
     case may be, a document that--
       ``(i) confirms the determination;
       ``(ii) explains the grounds for the determination;
       ``(iii) provides information on how the disability may be 
     relieved; and
       ``(iv) explains how the determination may be appealed.''.
       (i) Effective Date.--
       (l) In general.--The amendments made by this section shall 
     take effect 180 days after the date of enactment of this Act.
       (2) Exception.--Notwithstanding any provision of this 
     title, a license or permit issued under section 843 of title 
     18, United States Code, before the date of enactment of this 
     Act, shall remain valid until that license or permit is 
     revoked under section 843(d) or expires, or until a timely 
     application for renewal is acted upon.

     SEC. 901. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING 
                   EXPLOSIVE MATERIALS.

       (a) Distribution of Explosives.--Section 842(d) of title 
     18, United States Code, is amended--
       (1) in paragraph (5), by striking ``or'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``or who has been committed to a mental 
     institution;''; and
       (3) by adding at the end the following:
       ``(7) is an alien, other than an alien who--
       ``(A) is lawfully admitted for permanent residence (as 
     defined in section 101(a)(20) of the Immigration and 
     Nationality Act); or
       (B) is in lawful nonimmigrant status, is a refugee admitted 
     under section 207 of the Immigration and Nationality Act (8 
     U.S.C. 1157) or is in asylum status under section 208 of the 
     Immigration and Nationality Act (8 U.S.C. 1158), and--
       ``(i) is a foreign law enforcement officer of a friendly 
     foreign government entering the United States on official law 
     enforcement business, and the shipping, transporting, 
     possession, or receipt of explosive materials is in 
     furtherance of this official law enforcement;
       ``(ii) is a person having the power to direct or cause the 
     direction of the management and policies of a corporation, 
     partnership, or association licensed pursuant to section 
     843(a), and the shipping, transporting, possession, or 
     receipt of explosive materials is in furtherance of such 
     power;
       ``(iii) is a member of a North Atlantic Treaty Organization 
     (NATO) or other friendly foreign military force (whether or 
     not admitted in a nonimmigrant status) who is present in the 
     United States under military orders for training or other 
     military purpose authorized by the United States, and the 
     shipping, transporting, possession, or receipt of explosive 
     materials is in furtherance of the military purpose; or 21
       ``(iv) is lawfully present in the United States in 
     cooperation with the Director of Central Intelligence;
       ``(8) has been discharged from the armed forces under 
     dishonorable conditions;
       ``(9) having been a citizen of the United States, has 
     renounced the citizenship of that person;
       ``(10) is subject to a court order that--
       ``(A) was issued after a hearing of which such person 
     received actual notice, and at which such person had an 
     opportunity to participate;
       ``(B) restrains such person from harassing, stalking, or 
     threatening an intimate partner of such person or child of 
     such intimate partner or person, or engaging in other conduct 
     that would place an intimate partner in reasonable fear of 
     bodily injury to the partner or child; and
       ``(C)(i) includes a finding that such person represents a 
     credible threat to the physical safety of such intimate 
     partner or child; or
       ``(ii) by its terms explicitly prohibits the use, attempted 
     use, or threatened use of physical force against such 
     intimate partner or child that would reasonably be expected 
     to cause bodily injury; or
       ``(11) has been convicted in any court of a misdemeanor 
     crime of domestic violence.''.
       (b) Possession of Explosive Materials.--Section 842(i) of 
     title 18, United States Code, is amended--
       (1) in paragraph (3), by striking ``or'' at the end; and
       (2) by inserting after paragraph (4) the following:
       ``(5) who is an alien, other than an alien who--

[[Page 17169]]

       ``(A) is lawfully admitted for permanent residence (as that 
     term is defined in section 101(a)(20) of the Immigration and 
     Nationality Act); or
       ``(B) is in lawful nonimmigrant status, is a refugee 
     admitted under section 207 of the Immigration and Nationality 
     Act (8 U.S.C. 1157), or is in asylum status under section 208 
     of the Immigration and Nationality Act (8 U.S.C. 1158), and--
       ``(i) is a foreign law enforcement officer of a friendly 
     foreign government entering the United States on official law 
     enforcement business, and the shipping, transporting, 
     possession, or receipt of explosive materials is in 
     furtherance of this official law enforcement;
       ``(ii) is a person having the power to direct or cause the 
     direction of the management and policies of a corporation, 
     partnership, or association licensed pursuant to section 
     843(a), and the shipping, transporting, possession, or 
     receipt of explosive materials is in furtherance of such 
     power;
       ``(iii) is a member of a North Atlantic Treaty Organization 
     (NATO) or other friendly foreign military force (whether or 
     not admitted in a nonimmigrant status) who is present in the 
     United States under military orders for training or other 
     military purpose authorized by the United States, and the 
     shipping, transporting, possession, or receipt of explosive 
     materials is in furtherance of the military purpose; or
       ``(iv) is lawfully present in the United States in 
     cooperation with the Director of Central Intelligence;
       ``(6) who has been discharged from the armed forces under 
     dishonorable conditions;
       ``(7) who, having been a citizen of the United States, has 
     renounced the citizenship of that person;
       ``(8) who is subject to a court order that--
       ``(A) was issued after a hearing of which such person 
     received actual notice, and at which such person had an 
     opportunity to participate;
       ``(B) restrains such person from harassing, stalking, or 
     threatening an intimate partner of such person or child of 
     such intimate partner or person, or engaging in other conduct 
     that would place an intimate partner in reasonable fear of 
     bodily injury to the partner or child; and
       ``(C)(i) includes a finding that such person represents a 
     credible threat to the physical safety of such intimate 
     partner or child; or
       ``(ii) by its terms explicitly prohibits the use, attempted 
     use, or threatened use of physical force against such 
     intimate partner or child that would reasonably be expected 
     to cause bodily injury; or
       ``(9) who has been convicted in any court of a misdemeanor 
     crime of domestic violence.''.

     SEC. 1001. REQUIREMENT TO PROVIDE SAMPLES OF EXPLOSIVE 
                   MATERIALS AND AMMONIUM NITRATE.

       Section 843 of title 18, United States Code, as amended by 
     this Act, is amended by adding at the end the following:
       ``(i) Furnishing of Samples.--
       ``(1) In general.--Licensed manufacturers and licensed 
     importers and persons who manufacture or import explosive 
     materials or ammonium nitrate shall, when required by letter 
     issued by the Secretary, furnish--
       ``(A) samples of such explosive materials or ammonium 
     nitrate;
       ``(B) information on chemical composition of those 
     products; and
       ``(C) any other information that the Secretary determines 
     is relevant to the identification of the explosive materials 
     or to identification of the ammonium nitrate.
       ``(2) Reimbursement.--The Secretary may, by regulation, 
     authorize reimbursement of the fair market value of samples 
     furnished pursuant to this subsection, as well as the 
     reasonable costs of shipment.''.

     SEC. 1101. DESTRUCTION OF PROPERTY OF INSTITUTIONS RECEIVING 
                   FEDERAL FINANCIAL ASSISTANCE.

       Section 844(f)(1) of title 18, United States Code, is 
     amended by inserting before the word ``shall'' the following: 
     ``or any institution or organization receiving Federal 
     financial assistance,''.

     SEC. 1201. RELIEF FROM DISABILITIES.

       Section 845(b) of title 18, United States Code, is amended 
     to read as follows:
       ``(b) Relief from Disabilities.--
       ``(1) Prohibited persons.--
       ``(A) In general.--Except as provided in paragraph (2), a 
     person who is prohibited from engaging in activity under 
     section 842 may make application to the Secretary for relief 
     from the disabilities imposed by Federal law with respect to 
     a violation of that section, and the Secretary may grant that 
     relief, if the Secretary determines that--
       ``(i) the circumstances regarding the disability, and the 
     record and reputation of the applicant are such that the 
     applicant will not be likely to act in a manner dangerous to 
     public safety; and
       ``(ii) that the granting of the relief will not be contrary 
     to the public interest.
       ``(B) Petition for judicial review.--Any person whose 
     application for relief from disabilities under this section 
     is denied by the Secretary may file a petition with the 
     United States district court for the district in which that 
     person resides for a judicial review of the denial.
       ``(C) Additional evidence.--The court may, in its 
     discretion, admit additional evidence where failure to do so 
     would result in a miscarriage of justice.
       ``(D) Further operations.--A licensee or permittee who 
     conducts operations under this chapter and makes application 
     for relief from the disabilities under this chapter, shall 
     not be barred by that disability from further operations 
     under the license or permit of that person pending final 
     action on an application for relief filed pursuant to this 
     section.
       ``(E) Notice.--Whenever the Secretary grants relief to any 
     person pursuant to this section, the Secretary shall promptly 
     publish in the Federal Register, notice of that action, 
     together with reasons for that action.
       ``(2) Waiver for lawful nonimmigrants.--
       ``(A) Conditions for waiver.--Any individual who has been 
     admitted to the United States in a lawful nonimmigrant status 
     may receive a waiver from the requirements of subsection 
     (d)(7) or (i)(5) of section 842, if--
       ``(i) the individual submits to the Secretary a petition 
     that meets the requirements of subparagraph (C); and
       ``(ii) the Secretary approves the petition.
       ``(B) Petition.--Each petition submitted in accordance with 
     this subsection shall--
       ``(i) demonstrate that the petitioner has resided in the 
     United States for a continuous period of not less than 180 
     days before the date on which the petition is submitted under 
     this paragraph; and
       ``(ii) include a written statement from the embassy or 
     consulate of the petitioner, authorizing the petitioner to 
     acquire explosives and certifying that the alien would not, 
     absent the application of subsection (d)(7) or (i)(5) of 
     section 842, otherwise be prohibited from such an acquisition 
     under that subsection (d) or (i).
       ``(C) Approval of petition.--The Secretary may approve a 
     petition submitted in accordance with this paragraph if the 
     Secretary determines that waiving the requirements of 
     subsection (d)(7) or (i)(5) of section 842 with respect to 
     the petitioner--
       ``(i) would not jeopardize the public safety; and
       ``(ii) will not be contrary to the public interest.''

     SEC. 1301. THEFT REPORTING REQUIREMENT.

       Section 844 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(p) Theft reporting requirement.--
       ``(1) In general.--A holder of a license, user permit, or 
     limited user permit who knows that explosive materials have 
     been stolen from that licensee, user permittee, or limited 
     user permittee, shall report the theft to the Secretary not 
     later than 24 hours after the discovery of the theft.
       ``(2) Penalty.--A holder of a license, user permit, or 
     limited user permit who does not report a theft in accordance 
     with paragraph (1), shall be fined not more than $10,000, 
     imprisoned not more than 5 years, or both.''.

     SEC. 1401. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as 
     necessary to carry out this title and the amendments made by 
     this title.
                                 ______
                                 
  SA 4666. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 130, between lines 7 and 8, insert the following:
       (d) Railroad Safety To Include Railroad Security.
       (1) Investigation and surveillance activities.--Section 
     20105 of title 49, United States Code, is amended--
       (A) by striking ``Secretary of Transportation'' in the 
     first sentence of subsection (a) and inserting ``Secretary 
     concerned'';
       (B) by striking ``Secretary'' each place it appears (except 
     the first sentence of subsection (a)) and inserting 
     ``Secretary concerned'';
       (C) by striking ``Secretary's duties under chapters 203-213 
     of this title'' in subsection (d) and inserting ``duties 
     under chapters 203-213 of this title (in the case of the 
     Secretary of Transportation) and duties under section 114 of 
     this title (in the case of the Secretary of Homeland 
     Security)'';
       (D) by striking ``chapter.'' in subsection (f) and 
     inserting ``chapter (in the case of the Secretary of 
     Transportation) and duties under section 114 of this title 
     (in the case of the Secretary of Homeland Security).''; and
       (E) by adding at the end the following new subsection:
       ``(g) Definitions.--In this section--
       ``(1) the term `safety' includes security; and
       ``(2) the term `Secretary concerned' means--
       ``(A) the Secretary of Transportation, with respect to 
     railroad safety matters concerning such Secretary under laws 
     administered by that Secretary; and
       ``(B) the Secretary of Homeland Security, with respect to 
     railroad safety matters concerning such Secretary under laws 
     administered by that Secretary.''.
       (2) Regulations and orders.--Section 20103(a) of such title 
     is amended by inserting

[[Page 17170]]

     after ``1970.'' the following: ``When prescribing a security 
     regulation or issuing a security order that affects the 
     safety of railroad operations, the Secretary of Homeland 
     Security shall consult with the Secretary.''.
       (3) National uniformity of regulation.--Section 20106 of 
     such title is amended--
       (A) by inserting ``and laws, regulations, and orders 
     related to railroad security'' after ``safety'' in the first 
     sentence;
       (B) by inserting ``or security'' after ``safety'' each 
     place it appears after the first sentence; and
       (C) by striking ``Transportation'' in the second sentence 
     and inserting ``Transportation (with respect to railroad 
     safety matters), or the Secretary of Homeland Security (with 
     respect to railroad security matters),''.
       (e) Hazardous Material Transportation.--
       (1) General regulatory authority.--Section 5103 of title 
     49, United States Code, is amended--
       (A) by striking ``transportation'' the first place it 
     appears in subsection (b)(1) and inserting ``transportation, 
     including security,'';
       (B) by striking ``aspects'' in subsection (b)(1)(B) and 
     inserting ``aspects, including security,''; and
       (C) by adding at the end the following:
       ``(c) Consultation With Secretary of Homeland Security.--
     When prescribing a security regulation or issuing a security 
     order that affects the safety of the transportation of 
     hazardous material, the Secretary of Homeland Security shall 
     consult with the Secretary.''.
       (2) Preemption.--Section 5125 of that title is amended--
       (A) by striking ``chapter or a regulation prescribed under 
     this chapter''in subsection (a)(1) and inserting ``chapter, a 
     regulation prescribed under this chapter, or a hazardous 
     materials transportation security regulation or directive 
     issued by the Secretary of Homeland Security'';
       (B) by striking ``chapter or a regulation prescribed under 
     this chapter.'' in subsection (a)(2) and inserting ``chapter, 
     a regulation prescribed under this chapter, or a hazardous 
     materials transportation security regulation or directive 
     issued by the Secretary of Homeland Security.''; and
       (C) by striking ``chapter or a regulation prescribed under 
     this chapter,'' in subsection (b)(1) and inserting ``chapter, 
     a regulation prescribed under this chapter, or a hazardous 
     materials transportation security regulation or directive 
     issued by the Secretary of Homeland Security,''.
                                 ______
                                 
  SA 4667. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 130, beginning with line 4, strike through line 2 
     on page 131, and insert the following:

     SEC. 168. RAIL SECURITY ENHANCEMENTS.

       (a) Emergency Amtrak Assistance.
       (1) In General.--There are authorized to be appropriated to 
     the Secretary of Transportation for the use of Amtrak--
       (A) $375,000,000 for systemwide security upgrades, 
     including the reimbursement of extraordinary security-related 
     costs determined by the Secretary of Transportation 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;
       (B) $778,000,000 to be used to complete New York tunnel 
     life safety projects and rehabilitate tunnels in Washington, 
     D.C., and Baltimore, Maryland; and
       (C) $55,000,000 for the emergency repair, and returning to 
     service, of Amtrak passenger cars and locomotives, upon a 
     determination by the Secretary of Transportation that such 
     emergency repairs are necessary for safety and security 
     purposes.
       (2) Availability of appropriated funds.--Amounts 
     appropriated pursuant to paragraph (1) shall remain available 
     until expended.
       (3) Plan required.--The Secretary of Transportation may not 
     make amounts available to Amtrak for obligation or 
     expenditure under paragraph (1)--
       (A) for implementing systemwide security upgrades, 
     including the emergency repair of passenger cars and 
     locomotives, until Amtrak has submitted to the Secretary of 
     Transportation, and the Secretary has approved, after 
     consultation with the Secretary of Homeland Security, a plan 
     for such upgrades;
       (B) for completing the tunnel life safety and 
     rehabilitation projects until Amtrak has submitted to the 
     Secretary of Transportation, and the Secretary has approved, 
     an engineering and financial plan for such projects; and
       (C) Amtrak has submitted to the Secretary of Transportation 
     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.
       (4) Financial contribution from other tunnel users.--The 
     Secretary of Transportation shall, taking into account the 
     need for the timely completion of all life safety portions of 
     the tunnel projects described in paragraph (3)(B)--
       (A) consider the extent to which rail carriers other than 
     Amtrak use the tunnels;
       (B) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (C) obtain financial contributions or commitments from such 
     other rail carriers if feasible.
       (5) Review of plan.--The Secretary of Transportation shall 
     complete the review of the plan required by paragraph (3) and 
     approve or disapprove the plan within 45 days after the date 
     on which the plan is submitted by Amtrak. If the Secretary 
     determines that the plan is incomplete or deficient, the 
     Secretary shall notify Amtrak of the incomplete items or 
     deficiencies and Amtrak shall, within 30 days after receiving 
     the Secretary's notification, submit a modified plan for the 
     Secretary's review. Within 15 days after receiving a modified 
     plan from Amtrak, the Secretary shall either approve the 
     modified plan, or, if the Secretary finds the plan is still 
     incomplete or deficient, the Secretary shall approve the 
     portions of the plan that are complete and sufficient, 
     release associated funds, and Amtrak shall execute an 
     agreement with the Secretary within 15 days thereafter on a 
     process for completing the remaining portions of the plan.
       (6) 50-percent to be spent outside the northeast 
     corridor.--The Secretary of Transportation shall ensure that 
     up to 50 percent of the amounts appropriated pursuant to 
     paragraph (1)(A) is obligated or expended for projects 
     outside the Northeast Corridor.
       (7) Assessments by dot inspector general.
       (A) 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 the 
     House of Representatives Committee on Transportation and 
     Infrastructure a report--
       (i) 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
       (ii) indicating any adjustments that need to be made in 
     that plan to exclude projects for which funds are 
     appropriated pursuant to paragraph (1).
       (B) 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.
       (8) Coordiation with existing law.--Amounts made available 
     to Amtrak under this subsection shall not be considered to be 
     Federal assistance for purposes of part C of subtitle V of 
     title 49, United State Code.
       (9) Reduction of authorization.--Each amount authorized by 
     paragraph (1) shall be reduced by any appropriated amount 
     used by Amtrak for the activity for which the amount is 
     authorized.
                                 ______
                                 
  SA 4668. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 130, beginning with line 4, strike through line 2 
     on page 131, and insert the following:

     SEC. 168. RAIL SECURITY ENHANCEMENTS.

       (a) Emergency Amtrak Assistance.
       (1) In general.--There are authorized to be appropriated to 
     the Secretary of Transportation for the use of Amtrak--
       (A) $375,000,000 for systemwide security upgrades, 
     including the reimbursement of extraordinary security-related 
     costs determined by the Secretary of Transportation 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;
       (B) $778,000,000 to be used to complete New York tunnel 
     life safety projects and rehabilitate tunnels in Washington, 
     D.C., and Baltimore, Maryland; and
       (C) $55,000,000 for the emergency repair, and returning to 
     service, of Amtrak passenger cars and locomotives, upon a 
     determination by the Secretary of Transportation that such 
     emergency repairs are necessary for safety and security 
     purposes.
       (2) Availability of appropriated funds.--Amounts 
     appropriated pursuant to paragraph (1) shall remain available 
     until expended.
       (3) Plan required.--The Secretary of Transportation may not 
     make amounts

[[Page 17171]]

     available to Amtrak for obligation or expenditure under 
     paragraph (1)--
       (A) for implementing systemwide security upgrades, 
     including the emergency repair of passenger cars and 
     locomotives, until Amtrak has submitted to the Secretary of 
     Transportation, and the Secretary has approved, after 
     consultation with the Secretary of Homeland Security, a plan 
     for such upgrades;
       (B) for completing the tunnel life safety and 
     rehabilitation projects until Amtrak has submitted to the 
     Secretary of Transportation, and the Secretary has approved, 
     an engineering and financial plan for such projects; and
       (C) Amtrak has submitted to the Secretary of Transportation 
     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.
       (4) Financial contribution from other tunnel users.--The 
     Secretary of Transportation shall, taking into account the 
     need for the timely completion of all life safety portions of 
     the tunnel projects described in paragraph (3)(B)--
       (A) consider the extent to which rail carriers other than 
     Amtrak use the tunnels;
       (B) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (C) obtain financial contributions or commitments from such 
     other rail carriers if feasible.
       (5) 50-percent to be spent outside the northeast 
     corridor.--The Secretary of Transportation shall ensure that 
     up to 50 percent of the amounts appropriated pursuant to 
     paragraph (1)(A) is obligated or expended for projects 
     outside the Northeast Corridor.
       (6) Assesments by dot inspector general.
       (A) 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--
       (i) 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
       (ii) indicating any adjustments that need to be made in 
     that plan to exclude projects for which funds are 
     appropriated pursuant to paragraph (1).
       (B) 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.
       (7) Coordination with existing law.--Amounts made available 
     to Amtrak under this subsection shall not be considered to be 
     Federal assistance for purposes of part C of subtitle V of 
     title 49, United States Code.
       (8) Reduction of authorizations.--Each amount authorized by 
     paragraph (1) shall be reduced by any appropriated amount 
     used by Amtrak for the activity for which the amount is 
     authorized.
                                 ______
                                 
  SA 4669. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SHORT TITLE.

       This Act may be cited as the ``Emergency Communications and 
     Competition Act of 2002''.

     SEC. __. PURPOSES.

       The purposes of this Act are as follows:
       (1) To facilitate the deployment of new wireless 
     telecommunications networks in order to extend the reach of 
     the Emergency Alert System (EAS) to viewers of multichannel 
     video programming who may not receive Emergency Alert System 
     warnings from other communications technologies.
       (2) To ensure that emergency personnel have priority access 
     to communications facilities in times of emergency.
       (3) To promote the rapid deployment of low cost multi-
     channel video programming and broadband Internet services to 
     the public, without causing harmful interference to existing 
     telecommunications services.
       (4) To ensure the universal carriage of local television 
     stations, including any Emergency Alert System warnings, by 
     multichannel video programming distributors in all markets, 
     regardless of population.
       (5) To advance the public interest by making available new 
     high speed data and video services to unserved and 
     underserved populations, including schools, libraries, tribal 
     lands, community centers, senior centers, and low-income 
     housing.
       (6) To ensure that new technologies capable of fulfilling 
     the purposes set forth in paragraphs (1) through (5) are 
     licensed and deployed promptly after such technologies have 
     been determined to be technologically feasible.

     SEC. __. LICENSING.

       (a) Grant of Certain Licenses.--
       (1) In general.--The Federal Communications Commission 
     shall assign licenses in the 12.2-12.7 GHz band for the 
     provision of fixed terrestrial services using the rules, 
     policies, and procedures used by the Commission to assign 
     licenses in the 12.2-12.7 GHz band for the provision of 
     international or global satellite communications services in 
     accordance with section 647 of the Open-market Reorganization 
     for the Betterment of International Telecommunications Act 
     (47 U.S.C. 765f).
       (2) Deadline.--The Commission shall accept for filing and 
     grant licenses under paragraph (1) to any applicant that is 
     qualified pursuant to subsection (b) not later than six 
     months after the date of the enactment of this Act. The 
     preceding sentence shall not be construed to preclude the 
     Commission from granting licenses under paragraph (1) after 
     the deadline specified in that sentence to applicants that 
     qualify after that deadline.
       (b) Qualifications.--
       (1) Non-interference with direct broadcast satellite 
     service.--A license may be granted under this section only if 
     operations under the license will not cause harmful 
     interference to direct broadcast satellite service.
       (2) Acceptance of Applications.--The Commission shall 
     accept an application for a license to operate a fixed 
     terrestrial service in the 12.2-12.7 GHz band if the 
     applicant--
       (A) successfully demonstrates the terrestial technology it 
     will employ under the license with operational equipment that 
     it furnishes, or has furnished, for independent testing 
     pursuant to section 1012 of the Launching Our Communities' 
     Access to Local Television Act of 2000 (47 U.S.C. 1110); and
       (B) certifies in its application that it has authority to 
     use such terrestrial service technology under the license.
       (3) Clarification.--Section 1012(a) of the Launching Our 
     Communities' Access to Local Television Act of 2000 (47 
     U.S.C. 1110(a); 114 Stat. 2762A--141) is amended by inserting 
     ``, or files,'' after ``has filed''.
       (4) PCS or cellular services.--A license granted under this 
     section may not be used for the provision of Personal 
     Communications Service or terrestrial cellular telephony 
     service.
       (c) Prompt Commencement of Service.--In order to facilitate 
     and ensure the prompt deployment of service to unserved and 
     underserved areas and to prevent stockpiling or warehousing 
     of spectrum by licenses, the Commission shall require that 
     any licensee under this section commence service to consumers 
     within five years of the grant of the license under this 
     section.
       (d) Expansion of Emergency Alert System.--Each licensee 
     under this section shall disseminate Federal, State, and 
     local Emergency Alert System warnings to all subscribers of 
     the licensee under the license under this section.
       (e) Access for Emergency Personnel.--
       (1) Requirement.--Each licensee under this section shall 
     provide immediate access for national security and emergency 
     preparedness personnel to the terrestrial services covered by 
     the license under this section as follows:
       (A) Whenever the Emergency Alert System is activated.
       (B) Otherwise at the request of the Secretary of Homeland 
     Security.
       (2) Nature of access.--Access under paragraph (1) shall 
     ensure that emergency data is transmitted to the public, or 
     between emergency personnel, at a higher priority than any 
     other data transmitted by the service concerned.
       (f) Additional Public Interest Obligations.--
       (1) Additional Obligations.--Each licensee under this 
     section shall--
       (A) adhere to rules governing carriage of local television 
     station signals and rules concerning obscenity and indecency 
     consistent with section 614, 615, 616, 624(d)(2), 639, 640, 
     and 641 of the Communications Act of 1934 (47 U.S.C. 534, 
     535, 536, 544(d)(2), 559, 560, and 561);
       (B) make its facilities available for candidates for public 
     office consistent with sections 312(a)(7) and 315 of the 
     Communications Act of 1934 (47 U.S.C. 312(a)(7) and 315); and
       (C) allocate 4 percent of its capacity for services that 
     promote the public interest, in addition to the capacity 
     utilized to fulfill the obligations required of subparagraphs 
     (A) and (B), such as--
       (i) telemedicine;
       (ii) educational programming, including distance learning;
       (iii) high speed Internet access to unserved and 
     underserved populations; and
       (iv) specialized local data and video services intended to 
     facilitate public participation in local government and 
     community life.
       (2) License boundaries.--In order to ensure compliance with 
     paragraph (1), the Commission shall establish boundaries for 
     licenses under this section that conform to existing 
     television markets, as determined by

[[Page 17172]]

     the Commission for purposes of section 652(h)(1)(C)(i) of the 
     Communications Act of 1934 (47 U.S.C. 534(h)(1)(C)(i)).
       (g) Redesignation of Multichannel Video Distribution and 
     Data Service.--The Commission shall redesignate the 
     Multichannel Video Distribution and Data Service (MVDDS) as 
     the Terrestrial Direct Broadcast Service (TDBS).
                                 ______
                                 
  SA 4670. Mr. CONRAD (for himself, Mrs. Hutchison, Mr. Helms, Mr. 
Johnson, Mr. Grassley, Mr. Breaux, and Mrs. Carnahan) submitted an 
amendment intended to be proposed to amendment SA 4471 proposed by Mr. 
Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:
       Insert after section 154, the following:

     SEC. 155. NATIONAL EMERGENCY TELEMEDICAL COMMUNICATIONS.

       (a) Telehealth Task Force.--
       (1) Establishment.--The Secretary, in consultation with the 
     Secretary of Health and Human Services, shall establish a 
     task force to be known as the ``National Emergency Telehealth 
     Network Task Force'' (referred to in this subsection as the 
     ``Task Force'') to advise the Secretary on the use of 
     telehealth technologies to prepare for, monitor, respond to, 
     and manage the events of a biological, chemical, or nuclear 
     terrorist attack or other public health emergencies.
       (2) Functions.--The Task Force shall--
       (A) conduct an inventory of existing telehealth 
     initiatives, including--
       (i) the specific location of network components;
       (ii) the medical, technological, and communications 
     capabilities of such components; and
       (iii) the functionality of such components;
       (B) make recommendations for use by the Secretary in 
     establishing standards for regional interoperating and 
     overlapping information and operational capability response 
     grids in order to achieve coordinated capabilities based on 
     responses among Federal, State, and local responders;
       (C) recommend any changes necessary to integrate technology 
     and clinical practices;
       (D) recommend to the Secretary acceptable standard clinical 
     information that could be uniformly applied and available 
     throughout a national telemedical network and tested in the 
     regional networks;
       (E) research, develop, test, and evaluate administrative, 
     physical, and technical guidelines for protecting the 
     confidentiality, integrity, and availability of regional 
     networks and all associated information and advise the 
     Secretary on issues of patient data security, and compliance 
     with all applicable regulations;
       (F) in consultation and coordination with the regional 
     telehealth networks established under subsection (b), test 
     such networks for their ability to provide support for the 
     existing and planned efforts of State and local law 
     enforcement, fire departments, health care facilities, and 
     Federal and State public health agencies to prepare for, 
     monitor, respond rapidly to, or manage the events of a 
     biological, chemical, or nuclear terrorist attack or other 
     public health emergencies with respect to each of the 
     functions listed in subparagraphs (A) through (H) of 
     subsection (b)(3); and
       (G) facilitate the development of training programs for 
     responders and a mechanism for training via enhanced advanced 
     distributive learning.
       (3) Membership.--The Task Force shall include 
     representation from--
       (A) relevant Federal agencies including the Centers for 
     Disease Control and Prevention and the Telemedicine and 
     Advanced Research Center of the Department of Army, Medical 
     Research and Materiel Command;
       (B) relevant State and local government agencies including 
     public health officials;
       (C) professional associations specializing in health care, 
     veterinary medicine, and agrimedicine; and
       (D) other relevant private sector organizations, including 
     public health and national telehealth organizations and 
     representatives of academic and corporate information 
     management and information technology organizations.
       (4) Meetings and reports.--
       (A) Meetings.--The Task Force shall meet as the Secretary 
     may direct.
       (B) Report.--
       (i) In general.--Not later than 3 years after the date of 
     enactment of this Act the Task Force shall prepare and submit 
     a report to Congress regarding the activities of the Task 
     Force.
       (ii) Contents.--The report described in clause (i) shall 
     recommend, based on the information obtained from the 
     regional telehealth networks established under subsection 
     (b), whether and how to build on existing telehealth networks 
     to develop a National Emergency Telehealth Network.
       (5) Implementation.--The Task Force may carry out 
     activities under this subsection in cooperation with other 
     entities, including national telehealth organizations.
       (6) Termination.--The Task Force shall terminate upon 
     submission of the final report required under paragraph 
     (4)(B).
       (b) Establishment of State and Regional Telehealth 
     Networks.--
       (1) Program authorized.--
       (A) In general.--The Secretary, in consultation with the 
     Secretary of Health and Human Services, is authorized to 
     award grants to 3 regional consortia of States to carry out 
     pilot programs for the development of statewide and regional 
     telehealth network testbeds that build on, enhance, and 
     securely link existing State and local telehealth programs.
       (B) Duration.--The Secretary shall award grants under this 
     subsection for a period not to exceed 3 years. Such grants 
     may be renewed.
       (C) State consortium plans.--Each regional consortium of 
     States desiring to receive a grant under subparagraph (A) 
     shall submit to the Secretary a plan that describes how such 
     consortium shall--
       (i) interconnect existing telehealth systems in a 
     functional and seamless fashion to enhance the ability of the 
     States in the region to prepare for, monitor, respond to, and 
     manage the events of a biological, chemical, or nuclear 
     terrorist attack or other public health emergencies; and
       (ii) link to other participating States in the region via a 
     standard interoperable connection using standard information.
       (D) Priority.--In making grants under this subsection, the 
     Secretary shall give priority to regional consortia of States 
     that demonstrate--
       (i) the interest and participation of a broad cross section 
     of relevant entities, including public health offices, 
     emergency preparedness offices, and health care providers;
       (ii) the ability to connect major population centers as 
     well as isolated border, rural, and frontier communities 
     within the region to provide medical, public health, and 
     emergency services in response to a biological, chemical, or 
     nuclear terrorist attack or other public health emergencies;
       (iii) an existing telehealth and telecommunications 
     infrastructure that connects relevant State agencies, health 
     care providers, universities, and relevant Federal agencies; 
     and
       (iv) the ability to quickly complete development of a 
     region-wide interoperable emergency telemedical network to 
     expand communications and service capabilities and facilitate 
     coordination among multiple medical, public health, and 
     emergency response agencies, and the ability to test 
     recommendations of the task force established under 
     subsection (a) within 3 years.
       (2) Regional networks.--A consortium of States awarded a 
     grant under paragraph (1) shall develop a regional telehealth 
     network that links established telehealth initiatives within 
     the region to provide medical services in cooperation with 
     and in support of, where relevant, the following:
       (A) State and local public health departments.
       (B) Private, public, community, and rural health clinics 
     and Indian Health Service clinics.
       (C) Hospitals, academic health centers, and medical centers 
     of the Department of Defense and the Department of Veterans' 
     Affairs.
       (D) Veterinary clinics and hospitals.
       (E) Agrimedicine centers.
       (F) Offices of rural health.
       (G) Federal agencies.
       (H) Other relevant entities as determined appropriate by 
     such consortium.
       (3) Functions of the networks.--Once established, a 
     regional telehealth network under this subsection shall test 
     the feasibility of recommendations (including recommendations 
     relating to standard clinical information, operational 
     capability, and associated technology and information 
     standards) described in subparagraphs (B) through (E) of 
     subsection (a)(2), and provide reports to the task force 
     established under subsection (a), on such network's ability, 
     in preparation of and in response to a biological, chemical, 
     or nuclear terrorist attack or other public health 
     emergencies, to support each of the following functions:
       (A) Rapid emergency response and coordination.
       (B) Real-time data collection for information 
     dissemination.
       (C) Environmental monitoring.
       (D) Early identification and monitoring of biological, 
     chemical, or nuclear exposures.
       (E) Situationally relevant expert consultative services for 
     patient care and front-line responders.
       (F) Training of responders.
       (G) Development of an advanced distributive learning 
     network.
       (H) Distance learning for the purposes of medical and 
     clinical education, and simulation scenarios for ongoing 
     training.
       (4) Requirements.--In awarding a grant under paragraph (1), 
     the Secretary shall--
       (A) require that each regional network adopt common 
     administrative, physical, and technical approaches for 
     seamless interoperability and to protect the network's 
     confidentiality, integrity, and availability, taking into 
     consideration guidelines developed by the task force 
     established under subsection (a); and
       (B) require that each regional network inventory and report 
     to the task force established under subsection (a), the 
     technology

[[Page 17173]]

     and technical infrastructure available to such network.
       (c) Funding.--
       (1) In general.--Of the amount appropriated under section 
     199, the Secretary shall make available not to exceed 
     $150,000,000 for the 3-fiscal year period beginning with 
     fiscal year 2003 to carry out this section. Amounts made 
     available under this paragraph shall remain available until 
     expended.
       (2) Limit on administrative expenses.--Not more than 5 
     percent of the amount made available for each fiscal year 
     under paragraph (1) shall be used for Task Force 
     administrative costs.
                                 ______
                                 
  SA 4671. Mr. GREGG (for himself, Mr. Hollings, Mr. Shelby, Mr. 
Harkin, Mr. Stevens, Mr. Inouye, Mr. Cochran, Mr. Helms, Mr. Johnson, 
Mr. Sessions, Mr. Bingaman, Mr. Grassley, Ms. Landrieu, and Mrs. 
Feinstein) submitted an amendment intended to be proposed to amendment 
SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to establish 
the Department of Homeland Security, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 69, line 4, after ``Carrying out all'' insert 
     ``nonterrorism''.
       On page 69, line 5, strike ``and response''.
       On page 69, strike lines 8 through 22 and insert the 
     following:
       (2) Carrying out all terrorism and other hazard response 
     activities carried out by the Federal Emergency Management 
     Agency before the effective date of this division.
       On page 69, line 23, strike ``(5)'' and insert ``(3)''.
       On page 70, line 6, strike ``(6)'' and insert ``(4)''.
       On page 70, line 11, strike ``(7)'' and insert ``(5)''.
       On page 70, line 16, strike ``(8)'' and insert ``(6)''.
       On page 70, line 19, strike ``(9)'' and insert ``(7)''.
       On page 70, line 22, strike ``(10)'' and insert ``(8)''.
       On page 71, line 2, strike ``(5)'' and insert ``(6)''.
       On page 71, line 3, strike ``(11)'' and insert ``(9)''.
       On page 71, line 9, strike ``(6)'' and insert ``(7)''.
       On page 71, line 10, strike ``(12)'' and insert ``(10)''.
       On page 71, line 23, strike ``(13)'' and insert ``(11)''.
       On page 72, strike lines 3 through 8.
       On page 72, line 9, strike ``(15)'' and insert ``(12)''.
       On page 72, line 19, after ``Department'' insert ``, except 
     that those elements of the Office of National Preparedness of 
     the Federal Emergency Management Agency that relate to 
     terrorism shall be transferred to the Office of Domestic 
     Preparedness established under this section''.
       On page 73, insert before line 1 the following:
       (4) Those elements of the Office of National Preparedness 
     of the Federal Emergency Management Agency which relate to 
     terrorism, which shall be consolidated within the Department 
     in the Office for Domestic Preparedness established under 
     this section.
       On page 73, line 1, strike ``(4)'' and insert ``(5)''.
       On page 73, line 17, strike ``(5)'' and insert ``(6)''.
       On page 73, line 23, strike ``(6)'' and insert ``(7)''.
       On page 74 strike lines 7 through 19 and insert the 
     following:
       (d) Office for Domestic Preparedness.--
       (1) Establishment.--There is established within the 
     Directorate of Emergency Preparedness and Response the Office 
     for Domestic Preparedness.
       (2) Director.--There shall be a Director of the Office for 
     Domestic Preparedness, who shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Director of the Office for Domestic Preparedness shall 
     report directly to the Under Secretary for Emergency 
     Preparedness and Response.
       (3) Responsibilities.--The Office for Domestic Preparedness 
     shall have the primary responsibility within the executive 
     branch of Government for the preparedness of the United 
     States for acts of terrorism, including--
       (A) coordinating preparedness efforts at the Federal level, 
     and working with all State, local, tribal, parish, and 
     private sector emergency response providers on all matters 
     pertaining to combating terrorism, including training, 
     exercises, and equipment support;
       (B) in keeping with intelligence estimates, working to 
     ensure adequate strategic and operational planning, 
     equipment, training, and exercise activities at all levels of 
     government;
       (C) coordinating or, as appropriate, consolidating 
     communications and systems of communications relating to 
     homeland security at all levels of government;
       (D) directing and supervising terrorism preparedness grant 
     programs of the Federal Government for all emergency response 
     providers;
       (E) incorporating the Strategy priorities into planning 
     guidance on an agency level for the preparedness efforts of 
     the Office for Domestic Preparedness;
       (F) providing agency-specific training for agents and 
     analysts within the Department, other agencies, and State and 
     local agencies and international entities;
       (G) as the lead executive branch agency for preparedness of 
     the United States for acts of terrorism, cooperating closely 
     with the Federal Emergency Management Agency, which shall 
     have the primary responsibility within the executive branch 
     to prepare for and mitigate the effects of nonterrorist-
     related disasters in the United States; and
       (H) assisting and supporting the Secretary, in coordination 
     with other Directorates and entities outside the Department, 
     in conducting appropriate risk analysis and risk management 
     activities consistent with the mission and functions of the 
     Directorate.
       (4) Fiscal years 2003 and 2004.--During fiscal year 2003 
     and fiscal year 2004, the Director of the Office for Domestic 
     Preparedness established under this section shall manage and 
     carry out those functions of the Office for Domestic 
     Preparedness of the Department of Justice (transferred under 
     this section) before September 11, 2001, under the same 
     terms, conditions, policies, and authorities, and with the 
     required level of personnel, assets, and budget before 
     September 11, 2001.
       (5) Report.--Not later than the submission of the fiscal 
     year 2005 budget request, the Secretary shall submit to 
     Congress a detailed report containing a comprehensive, 
     independent analysis, and recommendations addressing whether 
     there should be a single office within the Department 
     responsible for the domestic preparedness of the United 
     States for all hazards, including terrorism and natural 
     disasters. The analysis shall include an examination of the 
     advantages, disadvantages, costs, and benefits of creating a 
     single office for all hazards preparedness within the 
     Department.
                                 ______
                                 
  SA 4672. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, 
to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       On Page 76, insert in section 135(d) ``Definitions'' the 
     following:
       (8) Major system.--The term ``major system'' means a system 
     for which the total expenditures are estimated to exceed the 
     dollar threshold for a ``major systems'' established by 
     Secretary pursuant to the Office of Management and Budget 
     Circular A-109, entitled ``Major Systems Acquisition''.
       (9) Operational test and evaluation.--The term 
     ``operational test and evaluation'' means--
       (A) the test, under realistic conditions, of any item of 
     (or key component of) a technology, device, or equipment for 
     the purpose of determining the effectiveness and suitability 
     of the technology, device, or equipment by typical users to 
     meet homeland security needs and objectives; and
       (B) the evaluation of the results of such test.
       On page 85, in section 135, after the subsection entitled 
     ``(3) Research and development related authorities'' add a 
     subsection (4) as follows--
       ``(40) Operational test and evaluation authorities.--The 
     Under Secretary, by authority of the Secretary, shall 
     exercise the following authorities relating to the testing 
     and evaluation activities within the Department--
       (A) serve as principal independent advisor to the Secretary 
     on operational test and evaluation activities in the 
     Department and the principal test and evaluation official of 
     the Department;
       (B) prescribe, by authority of the Secretary, policies and 
     procedures for the conduct of operation test and evaluation;
       (C) monitor and review all operational test and evaluation 
     in the Department;
       (D) coordinate operational test and evaluation conducted 
     jointly by more than one Under Secretary;
       (E) review and make recommendations to the Secretary on all 
     budgetary and financial matters relating to operational test 
     and evaluation, including operational test facilities, test 
     ranges and test beds in the Department;
       (F) require prompt reporting of all operational test and 
     evaluation activities conducted by officials of the 
     Department;
       (G) have access to all records and data in the Department 
     necessary to carry out the duties of this subsection;
       (H) provide the Congress no later than February 15 of each 
     calendar year, a report on all operational test and 
     evaluation activities conducted within the Department for 
     prior fiscal year, describing--
       i. the mission of the each major system,
       ii. background technical and programmatic information on 
     the major system,
       iii. test and evaluation activity conducted during the 
     prior fiscal year on the major system,
       iv. the assessment of major system test results relative to 
     its operational requirements,

[[Page 17174]]

       v. such other matters that relate to the overall health of 
     the testing and evaluation infrastructure of the Department.
       (I) Two years after the date of enactment of this Act, the 
     Comptroller General shall report to Congress on the efforts 
     by the Department in implementing the authorities for 
     operational test and evaluation and give suggestions for 
     improvement.''
       Technical Corrections as follows:
       1. On page 91, line 9, replace ``(h) Office for Technology 
     Evaluation and Transition'' with ``(h) Office for Testing, 
     Evaluation and Transition'',
       2. On Page 91, lines 14-15, replace ``Office for Technology 
     Evaluation and Transition'' with ``Office for Testing, 
     Evaluation and Transition'',
       3. On Page 91, line 17 add ``(A) carry out authorities of 
     the Under Secretary with respect to operational test and 
     evaluation,'' and redesignate the following subparagraphs as 
     (B) through (G),
       4. On Page 92, line 11, strike ``The functions'' and 
     replace with ``Except for the function paragraph (2)(A), the 
     functions''.
                                 ______
                                 
  SA 4673. Mr. REID (for Mr. Byrd) proposed an amendment to amendment 
SA 4644 proposed by Mr. Byrd to the amendment SA 4471 proposed by Mr. 
Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 100. DEFINITIONS.

       Unless the context clearly indicates otherwise, the 
     following shall apply for purposes of this division:
       (1) Agency.--Except for purposes of subtitle E of title I, 
     the term ``agency''--
       (A) means--
       (i) an Executive agency as defined under section 105 of 
     title 5, United States Code;
       (ii) a military department as defined under section 102 of 
     title 5, United States Code;
       (iii) the United States Postal Service; and
       (B) does not include the General Accounting Office.
       (2) Assets.--The term ``assets'' includes contracts, 
     facilities, property, records, unobligated or unexpended 
     balances of appropriations, and other funds or resources 
     (other than personnel).
       (3) Department.--The term ``Department'' means the 
     Department of Homeland Security established under title I.
       (4) 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.
       (5) Functions.--The term ``functions'' includes 
     authorities, powers, rights, privileges, immunities, 
     programs, projects, activities, duties, responsibilities, and 
     obligations.
       (6) Homeland.--The term ``homeland'' means the United 
     States, in a geographic sense.
       (7) Homeland security.--The term ``homeland security'' 
     means a concerted national effort to--
       (A) prevent terrorist attacks within the United States;
       (B) reduce America's vulnerability to terrorism; and
       (C) minimize the damage and recover from terrorist attacks 
     that do occur.
       (8) Local government.--The term ``local government'' has 
     the meaning given under section 102(6) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (Public 
     Law 93-288).
       (9) Risk analysis and risk management.--The term ``risk 
     analysis and risk management'' means the assessment, 
     analysis, management, mitigation, and communication of 
     homeland security threats, vulnerabilities, criticalities, 
     and risks.
       (10) Personnel.--The term ``personnel'' means officers and 
     employees.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (12) United States.--The term ``United States'', when used 
     in a geographic sense, means any State (within the meaning of 
     section 102(4) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (Public Law 93-288)), any possession 
     of the United States, and any waters within the jurisdiction 
     of the United States.

                TITLE I--DEPARTMENT OF HOMELAND SECURITY

    Subtitle A--Establishment of the Department of Homeland Security

     SEC. 101. ESTABLISHMENT OF THE DEPARTMENT OF HOMELAND 
                   SECURITY.

       (a) In General.--There is established the Department of 
     National Homeland Security.
       (b) Executive Department.--Section 101 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``The Department of Homeland Security.''.
       (c) Mission of Department.--
       (1) Homeland security.--The mission of the Department is 
     to--
       (A) promote homeland security, particularly with regard to 
     terrorism;
       (B) prevent terrorist attacks or other homeland threats 
     within the United States;
       (C) reduce the vulnerability of the United States to 
     terrorism, natural disasters, and other homeland threats; and
       (D) minimize the damage, and assist in the recovery, from 
     terrorist attacks or other natural or man-made crises that 
     occur within the United States.
       (2) Other missions.--The Department shall be responsible 
     for carrying out the other functions, and promoting the other 
     missions, of entities transferred to the Department as 
     provided by law.
       (d) Seal.--The Secretary shall procure a proper seal, with 
     such suitable inscriptions and devices as the President shall 
     approve. This seal, to be known as the official seal of the 
     Department of Homeland Security, shall be kept and used to 
     verify official documents, under such rules and regulations 
     as the Secretary may prescribe. Judicial notice shall be 
     taken of the seal.

     SEC. 102. SECRETARY OF HOMELAND SECURITY.

       (a) In General.--The Secretary of Homeland Security shall 
     be the head of the Department. The Secretary shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate. All authorities, functions, and 
     responsibilities transferred to the Department shall be 
     vested in the Secretary.
       (b) Responsibilities.--The responsibilities of the 
     Secretary shall be the following:
       (1) To develop policies, goals, objectives, priorities, and 
     plans for the United States for the promotion of homeland 
     security, particularly with regard to terrorism.
       (2) To administer, carry out, and promote the other 
     established missions of the entities transferred to the 
     Department.
       (3) To develop a comprehensive strategy for combating 
     terrorism and the homeland security response.
       (4) To make budget recommendations relating to the border 
     and transportation security, infrastructure protection, 
     emergency preparedness and response, science and technology 
     promotion related to homeland security, and Federal support 
     for State and local activities.
       (5) To plan, coordinate, and integrate those Federal 
     Government activities relating to border and transportation 
     security, critical infrastructure protection, all-hazards 
     emergency preparedness, response, recovery, and mitigation.
       (6) To serve as a national focal point to analyze all 
     information available to the United States related to threats 
     of terrorism and other homeland threats.
       (7) To establish and manage a comprehensive risk analysis 
     and risk management program that directs and coordinates the 
     supporting risk analysis and risk management activities of 
     the Directorates and ensures coordination with entities 
     outside the Department engaged in such activities.
       (8) To identify and promote key scientific and 
     technological advances that will enhance homeland security.
       (9) To include, as appropriate, State and local governments 
     and other entities in the full range of activities undertaken 
     by the Department to promote homeland security, including--
       (A) providing State and local government personnel, 
     agencies, and authorities, with appropriate intelligence 
     information, including warnings, regarding threats posed by 
     terrorism in a timely and secure manner;
       (B) facilitating efforts by State and local law enforcement 
     and other officials to assist in the collection and 
     dissemination of intelligence information and to provide 
     information to the Department, and other agencies, in a 
     timely and secure manner;
       (C) coordinating with State, regional, and local government 
     personnel, agencies, and authorities and, as appropriate, 
     with the private sector, other entities, and the public, to 
     ensure adequate planning, team work, coordination, 
     information sharing, equipment, training, and exercise 
     activities; and
       (D) systematically identifying and removing obstacles to 
     developing effective partnerships between the Department, 
     other agencies, and State, regional, and local government 
     personnel, agencies, and authorities, the private sector, 
     other entities, and the public to secure the homeland.
       (10)(A) To consult and coordinate with the Secretary of 
     Defense and make recommendations concerning organizational 
     structure, equipment, and positioning of military assets 
     determined critical to homeland security.
       (B) To consult and coordinate with the Secretary of Defense 
     regarding the training of personnel to respond to terrorist 
     attacks involving chemical or biological agents.
       (11) To seek to ensure effective day-to-day coordination of 
     homeland security operations, and establish effective 
     mechanisms for such coordination, among the elements 
     constituting the Department and with other involved and 
     affected Federal, State, and local departments and agencies.
       (12) To administer the Homeland Security Advisory System, 
     exercising primary responsibility for public threat 
     advisories, and (in

[[Page 17175]]

     coordination with other agencies) providing specific warning 
     information to State and local government personnel, agencies 
     and authorities, the private sector, other entities, and the 
     public, and advice about appropriate protective actions and 
     countermeasures.
       (13) To conduct exercise and training programs for 
     employees of the Department and other involved agencies, and 
     establish effective command and control procedures for the 
     full range of potential contingencies regarding United States 
     homeland security, including contingencies that require the 
     substantial support of military assets.
       (14) To annually review, update, and amend the Federal 
     response plan for homeland security and emergency 
     preparedness with regard to terrorism and other manmade and 
     natural disasters.
       (15) To direct the acquisition and management of all of the 
     information resources of the Department, including 
     communications resources.
       (16) To endeavor to make the information technology systems 
     of the Department, including communications systems, 
     effective, efficient, secure, and appropriately 
     interoperable.
       (17) In furtherance of paragraph (16), to oversee and 
     ensure the development and implementation of an enterprise 
     architecture for Department-wide information technology, with 
     timetables for implementation.
       (18) As the Secretary considers necessary, to oversee and 
     ensure the development and implementation of updated versions 
     of the enterprise architecture under paragraph (17).
       (19) To report to Congress on the development and 
     implementation of the enterprise architecture under paragraph 
     (17) in--
       (A) each implementation progress report required under 
     section 182; and
       (B) each biennial report required under section 192(b).
       (c) Membership on the National Security Council.--Section 
     101(a) of the National Security Act of 1947 (50 U.S.C. 
     402(a)) is amended in the fourth sentence by striking 
     paragraphs (5), (6), and (7) and inserting the following:
       ``(5) the Secretary of Homeland Security; and
       ``(6) each Secretary or Under Secretary of such other 
     executive department, or of a military department, as the 
     President shall designate.''.

     SEC. 103. DEPUTY SECRETARY OF HOMELAND SECURITY.

       (a) In General.--There shall be in the Department a Deputy 
     Secretary of Homeland Security, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       (b) Responsibilities.--The Deputy Secretary of Homeland 
     Security shall--
       (1) assist the Secretary in the administration and 
     operations of the Department;
       (2) perform such responsibilities as the Secretary shall 
     prescribe; and
       (3) act as the Secretary during the absence or disability 
     of the Secretary or in the event of a vacancy in the office 
     of the Secretary.

     SEC. 104. UNDER SECRETARY FOR MANAGEMENT.

       (a) In General.--There shall be in the Department an Under 
     Secretary for Management, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       (b) Responsibilities.--The Under Secretary for Management 
     shall report to the Secretary, who may assign to the Under 
     Secretary such functions related to the management and 
     administration of the Department as the Secretary may 
     prescribe, including--
       (1) the budget, appropriations, expenditures of funds, 
     accounting, and finance;
       (2) procurement;
       (3) human resources and personnel;
       (4) information technology and communications systems;
       (5) facilities, property, equipment, and other material 
     resources;
       (6) security for personnel, information technology and 
     communications systems, facilities, property, equipment, and 
     other material resources; and
       (7) identification and tracking of performance measures 
     relating to the responsibilities of the Department.

     SEC. 105. ASSISTANT SECRETARIES.

       (a) In general.--There shall be in the Department not more 
     than 5 Assistant Secretaries (not including the 2 Assistant 
     Secretaries appointed under division B), each of whom shall 
     be appointed by the President, by and with the advice and 
     consent of the Senate.
       (b) Responsibilities.--
       (1) In general.--Whenever the President submits the name of 
     an individual to the Senate for confirmation as an Assistant 
     Secretary under this section, the President shall describe 
     the general responsibilities that such appointee will 
     exercise upon taking office.
       (2) Assignment.--Subject to paragraph (1), the Secretary 
     shall assign to each Assistant Secretary such functions as 
     the Secretary considers appropriate.

     SEC. 106. INSPECTOR GENERAL.

       (a) In General.--There shall be in the Department an 
     Inspector General. The Inspector General and the Office of 
     Inspector General shall be subject to the Inspector General 
     Act of 1978 (5 U.S.C. App.).
       (b) Establishment.--Section 11 of the Inspector General Act 
     of 1978 (5 U.S.C. App.) is amended--
       (1) in paragraph (1), by inserting ``Homeland Security,'' 
     after ``Health and Human Services,''; and
       (2) in paragraph (2), by inserting ``Homeland Security,'' 
     after ``Health and Human Services,''.
       (c) Review of the Department of Homeland Security.--The 
     Inspector General shall designate 1 official who shall--
       (1) review information and receive complaints alleging 
     abuses of civil rights and civil liberties by employees and 
     officials of the Department;
       (2) publicize, through the Internet, radio, television, and 
     newspaper advertisements--
       (A) information on the responsibilities and functions of 
     the official; and
       (B) instructions on how to contact the official; and
       (3) on a semi-annual basis, submit to Congress, for 
     referral to the appropriate committee or committees, a 
     report--
       (A) describing the implementation of this subsection;
       (B) detailing any civil rights abuses under paragraph (1); 
     and
       (C) accounting for the expenditure of funds to carry out 
     this subsection.
       (d) Additional Provisions With Respect to the Inspector 
     General of the Department of Homeland Security.--The 
     Inspector General Act of 1978 (5 U.S.C. App.) is amended--
       (1) by redesignating section 8I as section 8J; and
       (2) by inserting after section 8H the following:


   special provisions concerning the department of homeland security

       ``Sec. 8I. (a)(1) Notwithstanding the last 2 sentences of 
     section 3(a), the Inspector General of the Department of 
     Homeland Security (in this section referred to as the 
     ``Inspector General'') shall be under the authority, 
     direction, and control of the Secretary of Homeland Security 
     (in this section referred to as the ``Secretary'') with 
     respect to audits or investigations, or the issuance of 
     subpoenas, which require access to sensitive information 
     concerning--
       ``(A) intelligence or counterintelligence matters;
       ``(B) ongoing criminal investigations or proceedings;
       ``(C) undercover operations;
       ``(D) the identity of confidential sources, including 
     protected witnesses;
       ``(E) other matters the disclosure of which would 
     constitute a serious threat to the protection of any person 
     or property authorized protection by--
       ``(i) section 3056 of title 18, United States Code;
       ``(ii) section 202 of title 3, United States Code; or
       ``(iii) any provision of the Presidential Protection 
     Assistance Act of 1976 (18 U.S.C. 3056 note); or
       ``(F) other matters the disclosure of which would 
     constitute a serious threat to national security.
       ``(2) With respect to the information described under 
     paragraph (1), the Secretary may prohibit the Inspector 
     General from carrying out or completing any audit or 
     investigation, or from issuing any subpoena, after such 
     Inspector General has decided to initiate, carry out, or 
     complete such audit or investigation or to issue such 
     subpoena, if the Secretary determines that such prohibition 
     is necessary to--
       ``(A) prevent the disclosure of any information described 
     under paragraph (1);
       ``(B) preserve the national security; or
       ``(C) prevent significant impairment to the national 
     interests of the United States.
       ``(3) If the Secretary exercises any power under paragraph 
     (1) or (2), the Secretary shall notify the Inspector General 
     in writing (appropriately classified, if necessary) within 7 
     calendar days stating the reasons for such exercise. Within 
     30 days after receipt of any such notice, the Inspector 
     General shall transmit a copy of such notice, together with 
     such comments concerning the exercise of such power as the 
     Inspector General considers appropriate, to--
       ``(A) the President of the Senate;
       ``(B) the Speaker of the House of Representatives;
       ``(C) the Committee on Governmental Affairs of the Senate;
       ``(D) the Committee on Government Reform of the House of 
     Representatives; and
       ``(E) other appropriate committees or subcommittees of 
     Congress.
       ``(b)(1) In carrying out the duties and responsibilities 
     under this Act, the Inspector General shall have oversight 
     responsibility for the internal investigations and audits 
     performed by any other office performing internal 
     investigatory or audit functions in any subdivision of the 
     Department of Homeland Security.
       ``(2) The head of each other office described under 
     paragraph (1) shall promptly report to the Inspector General 
     the significant activities being carried out by such office.
       ``(3) Notwithstanding paragraphs (1) and (2), the Inspector 
     General may initiate, conduct, and supervise such audits and 
     investigations in the Department (including in any 
     subdivision referred to in paragraph (1)) as the Inspector 
     General considers appropriate.

[[Page 17176]]

       ``(4) If the Inspector General initiates an audit or 
     investigation under paragraph (3) concerning a subdivision 
     referred to in paragraph (1), the Inspector General may 
     provide the head of the other office performing internal 
     investigatory or audit functions in the subdivision with 
     written notice that the Inspector General has initiated such 
     an audit or investigation. If the Inspector General issues 
     such a notice, no other audit or investigation shall be 
     initiated into the matter under audit or investigation by the 
     Inspector General, and any other audit or investigation of 
     such matter shall cease.
       ``(c) Any report required to be transmitted by the 
     Secretary to the appropriate committees or subcommittees of 
     Congress under section 5(d) shall also be transmitted, within 
     the 7-day period specified under that subsection, to--
       ``(1) the President of the Senate;
       ``(2) the Speaker of the House of Representatives;
       ``(3) the Committee on Governmental Affairs of the Senate; 
     and
       ``(4) the Committee on Government Reform of the House of 
     Representatives.''.
       (e) Technical and Conforming Amendments.--The Inspector 
     General Act of 1978 (5 U.S.C. appendix) is amended--
       (1) in section 4(b), by striking ``8F'' each place it 
     appears and inserting ``8G''; and
       (2) in section 8J (as redesignated by subsection (c)(1)), 
     by striking ``or 8H'' and inserting ``, 8H, or 8I''.''

     SEC. 107. CHIEF FINANCIAL OFFICER.

       (a) In General.--There shall be in the Department a Chief 
     Financial Officer, who shall be appointed or designated in 
     the manner prescribed under section 901(a)(1) of title 31, 
     United States Code.
       (b) Establishment.--Section 901(b)(1) of title 31, United 
     States Code, is amended--
       (1) by redesignating subparagraphs (G) through (P) as 
     subparagraphs (H) through (Q), respectively; and
       (2) by inserting after subparagraph (F) the following:
       ``(G) The Department of Homeland Security.''.

     SEC. 108. CHIEF INFORMATION OFFICER.

       (a) In General.--There shall be in the Department a Chief 
     Information Officer, who shall be designated in the manner 
     prescribed under section 3506(a)(2)(A) of title 44, United 
     States Code.
       (b) Responsibilities.--The Chief Information Officer shall 
     assist the Secretary with Department-wide information 
     resources management and perform those duties prescribed by 
     law for chief information officers of agencies.

     SEC. 109. GENERAL COUNSEL.

       (a) In General.--There shall be in the Department a General 
     Counsel, who shall be appointed by the President, by and with 
     the advice and consent of the Senate.
       (b) Responsibilities.--The General Counsel shall--
       (1) serve as the chief legal officer of the Department;
       (2) provide legal assistance to the Secretary concerning 
     the programs and policies of the Department; and
       (3) advise and assist the Secretary in carrying out the 
     responsibilities under section 102(b).

     SEC. 110. CIVIL RIGHTS OFFICER.

       (a) In General.--There shall be in the Department a Civil 
     Rights Officer, who shall be appointed by the President, by 
     and with the advice and consent of the Senate.
       (b) Responsibilities.--The Civil Rights Officer shall be 
     responsible for--
       (1) ensuring compliance with all civil rights and related 
     laws and regulations applicable to Department employees and 
     participants in Department programs;
       (2) coordinating administration of all civil rights and 
     related laws and regulations within the Department for 
     Department employees and participants in Department programs;
       (3) assisting the Secretary, directorates, and offices with 
     the development and implementation of policies and procedures 
     that ensure that civil rights considerations are 
     appropriately incorporated and implemented in Department 
     programs and activities;
       (4) overseeing compliance with statutory and constitutional 
     requirements related to the civil rights of individuals 
     affected by the programs and activities of the Department; 
     and
       (5) notifying the Inspector General of any matter that, in 
     the opinion of the Civil Rights Officer, warrants further 
     investigation.

     SEC. 111. PRIVACY OFFICER.

       (a) In General.--There shall be in the Department a Privacy 
     Officer, who shall be appointed by the Secretary.
       (b) Responsibilities.--The Privacy Officer shall--
       (1) oversee compliance with section 552a of title 5, United 
     States Code (commonly referred to as the Privacy Act of 1974) 
     and all other applicable laws relating to the privacy of 
     personal information;
       (2) assist the Secretary, directorates, and offices with 
     the development and implementation of policies and procedures 
     that ensure that--
       (A) privacy considerations and safeguards are appropriately 
     incorporated and implemented in Department programs and 
     activities; and
       (B) any information received by the Department is used or 
     disclosed in a manner that minimizes the risk of harm to 
     individuals from the inappropriate disclosure or use of such 
     materials;
       (3) assist Department personnel with the preparation of 
     privacy impact assessments when required by law or considered 
     appropriate by the Secretary; and
       (4) notify the Inspector General of any matter that, in the 
     opinion of the Privacy Officer, warrants further 
     investigation.

     SEC. 112. CHIEF HUMAN CAPITAL OFFICER.

       (a) In General.--The Secretary shall appoint or designate a 
     Chief Human Capital Officer, who shall--
       (1) advise and assist the Secretary and other officers of 
     the Department in ensuring that the workforce of the 
     Department has the necessary skills and training, and that 
     the recruitment and retention policies of the Department 
     allow the Department to attract and retain a highly qualified 
     workforce, in accordance with all applicable laws and 
     requirements, to enable the Department to achieve its 
     missions;
       (2) oversee the implementation of the laws, rules and 
     regulations of the President and the Office of Personnel 
     Management governing the civil service within the Department; 
     and
       (3) advise and assist the Secretary in planning and 
     reporting under the Government Performance and Results Act of 
     1993 (including the amendments made by that Act), with 
     respect to the human capital resources and needs of the 
     Department for achieving the plans and goals of the 
     Department.
       (b) Responsibilities.--The responsibilities of the Chief 
     Human Capital Officer shall include--
       (1) setting the workforce development strategy of the 
     Department;
       (2) assessing workforce characteristics and future needs 
     based on the mission and strategic plan of the Department;
       (3) aligning the human resources policies and programs of 
     the Department with organization mission, strategic goals, 
     and performance outcomes;
       (4) developing and advocating a culture of continuous 
     learning to attract and retain employees with superior 
     abilities;
       (5) identifying best practices and benchmarking studies;
       (6) applying methods for measuring intellectual capital and 
     identifying links of that capital to organizational 
     performance and growth; and
       (7) providing employee training and professional 
     development.

     SEC. 113. OFFICE OF INTERNATIONAL AFFAIRS.

       (a) Establishment.--There is established within the Office 
     of the Secretary, an Office of International Affairs. The 
     Office shall be headed by a Director who shall be appointed 
     by the Secretary.
       (b) Responsibilities of the Director.--The Director shall 
     have the following responsibilities:
       (1) To promote information and education exchange with 
     foreign nations in order to promote sharing of best practices 
     and technologies relating to homeland security. Such 
     information exchange shall include--
       (A) joint research and development on countermeasures;
       (B) joint training exercises of first responders; and
       (C) exchange of expertise on terrorism prevention, 
     response, and crisis management.
       (2) To identify areas for homeland security information and 
     training exchange.
       (3) To plan and undertake international conferences, 
     exchange programs, and training activities.
       (4) To manage activities under this section and other 
     international activities within the Department in 
     consultation with the Department of State and other relevant 
     Federal officials.
       (5) To initially concentrate on fostering cooperation with 
     countries that are already highly focused on homeland 
     security issues and that have demonstrated the capability for 
     fruitful cooperation with the United States in the area of 
     counterterrorism.

     SEC. 114. EXECUTIVE SCHEDULE POSITIONS.

       (a) Executive Schedule Level I Position.--Section 5312 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``Secretary of Homeland Security.''.
       (b) Executive Schedule Level II Position.--Section 5313 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``Deputy Secretary of Homeland Security.''.
       (c) Executive Schedule Level III Position.--Section 5314 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``Under Secretary for Management, Department of Homeland 
     Security.''.
       (d) Executive Schedule Level IV Positions.--Section 5315 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``Assistant Secretaries of Homeland Security (5).
       ``Inspector General, Department of Homeland Security.
       ``Chief Financial Officer, Department of Homeland Security.

[[Page 17177]]

       ``Chief Information Officer, Department of Homeland 
     Security.
       ``General Counsel, Department of Homeland Security.''.

         Subtitle B--Establishment of Directorates and Offices

     SEC. 131. DIRECTORATE OF BORDER AND TRANSPORTATION 
                   PROTECTION.

       (a) Establishment.--There is established within the 
     Department the Directorate of Border and Transportation 
     Protection.
       (b) Under Secretary.--There shall be an Under Secretary for 
     Border and Transportation, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       (c) Exercise of Customs Revenue Authority.--
       (1) In general.--
       (A) Authorities not transferred.--Authority that was vested 
     in the Secretary of the Treasury by law to issue regulations 
     related to customs revenue functions before the effective 
     date of this section under the provisions of law set forth 
     under paragraph (2) shall not be transferred to the Secretary 
     by reason of this Act. The Secretary of the Treasury, with 
     the concurrence of the Secretary, shall exercise this 
     authority. The Commissioner of Customs is authorized to 
     engage in activities to develop and support the issuance of 
     the regulations described in this paragraph. The Secretary 
     shall be responsible for the implementation and enforcement 
     of regulations issued under this section.
       (B) Report.--Not later than 45 days after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     submit a report to the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives of proposed conforming amendments to the 
     statutes set forth under paragraph (2) in order to determine 
     the appropriate allocation of legal authorities described 
     under this subsection. The Secretary of the Treasury shall 
     also identify those authorities vested in the Secretary of 
     the Treasury that are exercised by the Commissioner of 
     Customs on or before the effective date of this section.
       (C) Liability.--Neither the Secretary of the Treasury nor 
     the Department of the Treasury shall be liable for or named 
     in any legal action concerning the implementation and 
     enforcement of regulations issued under this paragraph on or 
     after the date on which the United States Customs Service is 
     transferred under this division.
       (2) Applicable laws.--The provisions of law referred to 
     under paragraph (1) are those sections of the following 
     statutes that relate to customs revenue functions:
       (A) The Tariff Act of 1930 (19 U.S.C. 1304 et seq.).
       (B) Section 249 of the Revised Statutes of the United 
     States (19 U.S.C. 3).
       (C) Section 2 of the Act of March 4, 1923 (19 U.S.C. 6).
       (D) Section 13031 of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c).
       (E) Section 251 of the Revised Statutes of the United 
     States (19 U.S.C. 66).
       (F) Section 1 of the Act of June 26, 1930 (19 U.S.C. 68).
       (G) The Foreign Trade Zones Act (19 U.S.C. 81a et seq.).
       (H) Section 1 of the Act of March 2, 1911 (19 U.S.C. 198).
       (I) The Trade Act of 1974 (19 U.S.C. 2101 et seq.).
       (J) The Trade Agreements Act of 1979 (19 U.S.C. 2502 et 
     seq.).
       (K) The North American Free Trade Agreement Implementation 
     Act (19 U.S.C. 3301 et seq.).
       (L) The Uruguay Round Agreements Act (19 U.S.C. 3501 et 
     seq.).
       (M) The Caribbean Basin Economic Recovery Act (19 U.S.C. 
     2701 et seq.).
       (N) The Andean Trade Preference Act (19 U.S.C. 3201 et 
     seq.).
       (O) The African Growth and Opportunity Act (19 U.S.C. 3701 
     et seq.).
       (P) Any other provision of law vesting customs revenue 
     functions in the Secretary of the Treasury.
       (3) Definition of customs revenue functions.--In this 
     subsection, the term ``customs revenue functions'' means--
       (A) assessing, collecting, and refunding duties (including 
     any special duties), excise taxes, fees, and any liquidated 
     damages or penalties due on imported merchandise, 
     including classifying and valuing merchandise and the 
     procedures for ``entry'' as that term is defined in the 
     United States Customs laws;
       (B) administering section 337 of the Tariff Act of 1930 and 
     provisions relating to import quotas and the marking of 
     imported merchandise, and providing Customs Recordations for 
     copyrights, patents, and trademarks;
       (C) collecting accurate import data for compilation of 
     international trade statistics; and
       (D) administering reciprocal trade agreements and trade 
     preference legislation.
       (d) Preserving Coast Guard Mission Performance.--
       (1) Definitions.--In this subsection:
       (A) Non-homeland security missions.--The term ``non-
     homeland security missions'' means the following missions of 
     the Coast Guard:
       (i) Marine safety.
       (ii) Search and rescue.
       (iii) Aids to navigation.
       (iv) Living marine resources (fisheries law enforcement).
       (v) Marine environmental protection.
       (vi) Ice operations.
       (B) Homeland security missions.--The term ``homeland 
     security missions'' means the following missions of the Coast 
     Guard:
       (i) Ports, waterways and coastal security.
       (ii) Drug interdiction.
       (iii) Migrant interdiction.
       (iv) Defense readiness.
       (v) Other law enforcement.
       (2) Maintenance of status of functions and assets.--
     Notwithstanding any other provision of this Act, the 
     authorities, functions, assets, organizational structure, 
     units, personnel, and non-homeland security missions of the 
     Coast Guard shall be maintained intact and without reduction 
     after the transfer of the Coast Guard to the Department, 
     except as specified in subsequent Acts.
       (3) Certain transfers prohibited.--None of the missions, 
     functions, personnel, and assets (including for purposes of 
     this subsection ships, aircraft, helicopters, and vehicles) 
     of the Coast Guard may be transferred to the operational 
     control of, or diverted to the principal and continuing use 
     of, any other organization, unit, or entity of the 
     Department.
       (4) Changes to non-homeland security missions.--
       (A) Prohibition.--The Secretary may not make any 
     substantial or significant change to any of the non-homeland 
     security missions of the Coast Guard, or to the capabilities 
     of the Coast Guard to carry out each of the non-homeland 
     security missions, without the prior approval of Congress as 
     expressed in a subsequent Act.
       (B) Waiver.--The President may waive the restrictions under 
     subparagraph (A) for a period of not to exceed 90 days upon a 
     declaration and certification by the President to Congress 
     that a clear, compelling, and immediate state of national 
     emergency exists that justifies such a waiver. A 
     certification under this paragraph shall include a detailed 
     justification for the declaration and certification, 
     including the reasons and specific information that 
     demonstrate that the Nation and the Coast Guard cannot 
     respond effectively to the national emergency if the 
     restrictions under subparagraph (A) are not waived.
       (5) Annual review.--
       (A) In general.--The Inspector General of the Department 
     shall conduct an annual review that shall assess thoroughly 
     the performance by the Coast Guard of all missions of the 
     Coast Guard (including non-homeland security missions and 
     homeland security missions) with a particular emphasis on 
     examining the non-homeland security missions.
       (B) Report.--The report under this paragraph shall be 
     submitted not later than March 1 of each year to--
       (i) the Committee on Governmental Affairs of the Senate;
       (ii) the Committee on Government Reform of the House of 
     Representatives;
       (iii) the Committees on Appropriations of the Senate and 
     the House of Representatives;
       (iv) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (v) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (6) Direct reporting to secretary.--Upon the transfer of 
     the Coast Guard to the Department, the Commandant shall 
     report directly to the Secretary without being required to 
     report through any other official of the Department.
       (7) Operation as a service in the navy.--None of the 
     conditions and restrictions in this subsection shall apply 
     when the Coast Guard operates as a service in the Navy under 
     section 3 of title 14, United States Code.

     SEC. 132. DIRECTORATE OF INTELLIGENCE.

       (a) Establishment.--There is established within the 
     Department a Directorate of Intelligence which shall serve as 
     a national-level focal point for information available to the 
     United States Government relating to the plans, intentions, 
     and capabilities of terrorists and terrorist organizations 
     for the purpose of supporting the mission of the Department.
       (b) Under Secretary.--There shall be an Under Secretary for 
     Intelligence who shall be appointed by the President, by and 
     with the advice and consent of the Senate.

     SEC. 133. DIRECTORATE OF CRITICAL INFRASTRUCTURE PROTECTION.

       (a) Establishment.--There is established within the 
     Department the Directorate of Critical Infrastructure 
     Protection.
       (b) Under Secretary.--There shall be an Under Secretary for 
     Critical Infrastructure Protection, who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate.

     SEC. 134. DIRECTORATE OF EMERGENCY PREPAREDNESS AND RESPONSE.

       (a) Establishment.--There is established within the 
     Department the Directorate of Emergency Preparedness and 
     Response.
       (b) Under Secretary.--There shall be an Under Secretary for 
     Emergency Preparedness and Response, who shall be appointed 
     by the President, by and with the advice and consent of the 
     Senate.

[[Page 17178]]



     SEC. 135. DIRECTORATE OF SCIENCE AND TECHNOLOGY.

       (a) Establishment.--There is established within the 
     Department a Directorate of Science and Technology.
       (b) Under Secretary.--There shall be an Under Secretary for 
     Science and Technology, who shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The principal responsibility of the Under Secretary shall be 
     to effectively and efficiently carry out the purposes of the 
     Directorate of Science and Technology.

     SEC. 136. DIRECTORATE OF IMMIGRATION AFFAIRS.

       The Directorate of Immigration Affairs shall be established 
     and shall carry out all functions of that Directorate in 
     accordance with division B of this Act.

     SEC. 137. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION.

       (a) Establishment.--There is established within the Office 
     of the Secretary the Office for State and Local Government 
     Coordination, to oversee and coordinate departmental programs 
     for and relationships with State and local governments.
       (b) Responsibilities.--The Office established under 
     subsection (a) shall--
       (1) coordinate the activities of the Department relating to 
     State and local government;
       (2) assess, and advocate for, the resources needed by State 
     and local government to implement the national strategy for 
     combating terrorism;
       (3) provide State and local government with regular 
     information, research, and technical support to assist local 
     efforts at securing the homeland; and
       (4) develop a process for receiving meaningful input from 
     State and local government to assist the development of the 
     national strategy for combating terrorism and other homeland 
     security activities.
       (c) Homeland Security Liaison Officers.--
       (1) Chief homeland security liaison officer.--
       (A) Appointment.--The Secretary shall appoint a Chief 
     Homeland Security Liaison Officer to coordinate the 
     activities of the Homeland Security Liaison Officers, 
     designated under paragraph (2).
       (B) Annual report.--The Chief Homeland Security Liaison 
     Officer shall prepare an annual report, that contains--
       (i) a description of the State and local priorities in each 
     of the 50 States based on discovered needs of first responder 
     organizations, including law enforcement agencies, fire and 
     rescue agencies, medical providers, emergency service 
     providers, and relief agencies;
       (ii) a needs assessment that identifies homeland security 
     functions in which the Federal role is duplicative of the 
     State or local role, and recommendations to decrease or 
     eliminate inefficiencies between the Federal Government and 
     State and local entities;
       (iii) recommendations to Congress regarding the creation, 
     expansion, or elimination of any program to assist State and 
     local entities to carry out their respective functions under 
     the Department; and
       (iv) proposals to increase the coordination of Department 
     priorities within each State and between the States.
       (2) Homeland security liaison officers.--
       (A) Designation.--The Secretary shall designate in each 
     State not less than 1 employee of the Department to--
       (i) serve as the Homeland Security Liaison Officer in that 
     State; and
       (ii) provide coordination between the Department and State 
     and local first responders, including--

       (I) law enforcement agencies;
       (II) fire and rescue agencies;
       (III) medical providers;
       (IV) emergency service providers; and
       (V) relief agencies.

       (B) Duties.--Each Homeland Security Liaison Officer 
     designated under subparagraph (A) shall--
       (i) ensure coordination between the Department and--

       (I) State, local, and community-based law enforcement;
       (II) fire and rescue agencies; and
       (III) medical and emergency relief organizations;

       (ii) identify State and local areas requiring additional 
     information, training, resources, and security;
       (iii) provide training, information, and education 
     regarding homeland security for State and local entities;
       (iv) identify homeland security functions in which the 
     Federal role is duplicative of the State or local role, and 
     recommend ways to decrease or eliminate inefficiencies;
       (v) assist State and local entities in priority setting 
     based on discovered needs of first responder organizations, 
     including law enforcement agencies, fire and rescue agencies, 
     medical providers, emergency service providers, and relief 
     agencies;
       (vi) assist the Department to identify and implement State 
     and local homeland security objectives in an efficient and 
     productive manner; and
       (vii) serve as a liaison to the Department in representing 
     State and local priorities and concerns regarding homeland 
     security.
       (d) Federal Interagency Committee on First Responders.--
       (1) In General.--There is established an Interagency 
     Committee on First Responders, that shall--
       (A) ensure coordination among the Federal agencies involved 
     with--
       (i) State, local, and community-based law enforcement;
       (ii) fire and rescue operations; and
       (iii) medical and emergency relief services;
       (B) identify community-based law enforcement, fire and 
     rescue, and medical and emergency relief services needs;
       (C) recommend new or expanded grant programs to improve 
     community-based law enforcement, fire and rescue, and medical 
     and emergency relief services;
       (D) identify ways to streamline the process through which 
     Federal agencies support community-based law enforcement, 
     fire and rescue, and medical and emergency relief services; 
     and
       (E) assist in priority setting based on discovered needs.
       (2) Membership.--The Interagency Committee on First 
     Responders shall be composed of--
       (A) the Chief Homeland Security Liaison Officer of the 
     Department;
       (B) a representative of the Health Resources and Services 
     Administration of the Department of Health and Human 
     Services;
       (C) a representative of the Centers for Disease Control and 
     Prevention of the Department of Health and Human Services;
       (D) a representative of the Federal Emergency Management 
     Agency of the Department;
       (E) a representative of the United States Coast Guard of 
     the Department;
       (F) a representative of the Department of Defense;
       (G) a representative of the Office of Domestic Preparedness 
     of the Department;
       (H) a representative of the Directorate of Immigration 
     Affairs of the Department;
       (I) a representative of the Transportation Security Agency 
     of the Department;
       (J) a representative of the Federal Bureau of Investigation 
     of the Department of Justice; and
       (K) representatives of any other Federal agency identified 
     by the President as having a significant role in the purposes 
     of the Interagency Committee on First Responders.
       (3) Administration.--The Department shall provide 
     administrative support to the Interagency Committee on First 
     Responders and the Advisory Council, which shall include--
       (A) scheduling meetings;
       (B) preparing agenda;
       (C) maintaining minutes and records;
       (D) producing reports; and
       (E) reimbursing Advisory Council members.
       (4) Leadership.--The members of the Interagency Committee 
     on First Responders shall select annually a chairperson.
       (5) Meetings.--The Interagency Committee on First 
     Responders shall meet--
       (A) at the call of the Chief Homeland Security Liaison 
     Officer of the Department; or
       (B) not less frequently than once every 3 months.
       (e) Advisory Council for the Federal Interagency Committee 
     on First Responders.--
       (1) Establishment.--There is established an Advisory 
     Council for the Federal Interagency Committee on First 
     Responders (in this section referred to as the ``Advisory 
     Council'').
       (2) Membership.--
       (A) In general.--The Advisory Council shall be composed of 
     not more than 13 members, selected by the Interagency 
     Committee on First Responders.
       (B) Representation.--The Interagency Committee on First 
     Responders shall ensure that the membership of the Advisory 
     Council represents--
       (i) the law enforcement community;
       (ii) fire and rescue organizations;
       (iii) medical and emergency relief services; and
       (iv) both urban and rural communities.
       (3) Chairperson.--The Advisory Council shall select 
     annually a chairperson from among its members.
       (4) Compensation of members.--The members of the Advisory 
     Council shall serve without compensation, but shall be 
     eligible for reimbursement of necessary expenses connected 
     with their service to the Advisory Council.
       (5) Meetings.--The Advisory Council shall meet with the 
     Interagency Committee on First Responders not less frequently 
     than once every 3 months.

     SEC. 138. BORDER COORDINATION WORKING GROUP.

       (a) Definitions.--In this section:
       (1) Border security functions.--The term ``border security 
     functions'' means the securing of the borders, territorial 
     waters, ports, terminals, waterways, and air, land, and sea 
     transportation systems of the United States.
       (2) Relevant agencies.--The term ``relevant agencies'' 
     means any department or agency of the United States that the 
     President determines to be relevant to performing border 
     security functions.
       (b) Establishment.--The Secretary shall establish a border 
     security working group (in this section referred to as the 
     ``Working

[[Page 17179]]

     Group''), composed of the Secretary or the designee of the 
     Secretary, the Under Secretary for Border and Transportation 
     Protection, and the Under Secretary for Immigration Affairs.
       (c) Functions.--The Working Group shall meet not less 
     frequently than once every 3 months and shall--
       (1) with respect to border security functions, develop 
     coordinated budget requests, allocations of appropriations, 
     staffing requirements, communication, use of equipment, 
     transportation, facilities, and other infrastructure;
       (2) coordinate joint and cross-training programs for 
     personnel performing border security functions;
       (3) monitor, evaluate and make improvements in the coverage 
     and geographic distribution of border security programs and 
     personnel;
       (4) develop and implement policies and technologies to 
     ensure the speedy, orderly, and efficient flow of lawful 
     traffic, travel and commerce, and enhanced scrutiny for high-
     risk traffic, travel, and commerce; and
       (5) identify systemic problems in coordination encountered 
     by border security agencies and programs and propose 
     administrative, regulatory, or statutory changes to mitigate 
     such problems.
       (d) Relevant Agencies.--The Secretary shall consult 
     representatives of relevant agencies with respect to 
     deliberations under subsection (c), and may include 
     representatives of such agencies in Working Group 
     deliberations, as appropriate.

     SEC. 139. LEGISLATIVE PROPOSALS AND SUPPORTING AND ENABLING 
                   LEGISLATION.

       (a) Directorate of Border and Transportation Protection.--
     Not earlier than February 3, 2003, the Secretary shall submit 
     to Congress--
       (1) any legislative proposals necessary to further the 
     objectives of this title relating to the Directorate of 
     Border and Transportation Protection; and
       (2) recommendations for supporting and enabling 
     legislation, including the transfer of authorities, 
     functions, personnel, assets, agencies, or entities to the 
     Directorate of Border and Transportation Protection, to 
     provide for homeland security.
       (b) Directorate of Intelligence and Directorate of Critical 
     Infrastructure Protection.--Not earlier than 120 days after 
     the submission of the proposals and recommendations under 
     subsection (a), the Secretary shall submit to Congress--
       (1) any legislative proposals necessary to further the 
     objectives of this title relating to the Directorate of 
     Intelligence and the Directorate of Critical Infrastructure 
     Protection; and
       (2) recommendations for supporting and enabling 
     legislation, including the transfer of authorities, 
     functions, personnel, assets, agencies, or entities to the 
     Directorate of Intelligence and the Directorate of Critical 
     Infrastructure Protection, to provide for homeland security.
       (c) Directorate of Emergency Preparedness and Response and 
     Directorate of Science and Technology.--Not earlier than 120 
     days after the submission of the proposals and 
     recommendations under subsection (b), the Secretary shall 
     submit to Congress--
       (1) any legislative proposals necessary to further the 
     objectives of this title relating to the Directorate of 
     Emergency Preparedness and Response and the Directorate of 
     Science and Technology; and
       (2) recommendations for supporting and enabling 
     legislation, including the transfer of authorities, 
     functions, personnel, assets, agencies, or entities to the 
     Directorate of Emergency Preparedness and Response and the 
     Directorate of Science and Technology, to provide for 
     homeland security.
       (d) Savings and Administrative Provisions of Supporting and 
     Enabling Legislation.--Sections 183, 184, and 194 shall apply 
     to any supporting and enabling legislation described under 
     subsection (a), (b), or (c) enacted after the date of 
     enactment of this Act.
       (e) Deadline for Congressional Action.--Not later than 13 
     months after the date of enactment of this Act, the Congress 
     shall complete action on all supporting and enabling 
     legislation described under subsection (a), (b), or (c).

     SEC. 140. EXECUTIVE SCHEDULE POSITIONS.

       Section 5314 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``Under Secretary for Border and Transportation, Department 
     of Homeland Security.
       ``Under Secretary for Critical Infrastructure Protection, 
     Department of Homeland Security.
       ``Under Secretary for Emergency Preparedness and Response, 
     Department of Homeland Security.
       ``Under Secretary for Immigration, Department of Homeland 
     Security.
       ``Under Secretary for Intelligence, Department of Homeland 
     Security.
       ``Under Secretary for Science and Technology, Department of 
     Homeland Security.''.

        Subtitle C--National Emergency Preparedness Enhancement

     SEC. 151. SHORT TITLE.

       This subtitle may be cited as the ``National Emergency 
     Preparedness Enhancement Act of 2002''.

     SEC. 152. PREPAREDNESS INFORMATION AND EDUCATION.

       (a) Establishment of Clearinghouse.--There is established 
     in the Department a National Clearinghouse on Emergency 
     Preparedness (referred to in this section as the 
     ``Clearinghouse''). The Clearinghouse shall be headed by a 
     Director.
       (b) Consultation.--The Clearinghouse shall consult with 
     such heads of agencies, such task forces appointed by Federal 
     officers or employees, and such representatives of the 
     private sector, as appropriate, to collect information on 
     emergency preparedness, including information relevant to 
     homeland security.
       (c) Duties.--
       (1) Dissemination of information.--The Clearinghouse shall 
     ensure efficient dissemination of accurate emergency 
     preparedness information.
       (2) Center.--The Clearinghouse shall establish a one-stop 
     center for emergency preparedness information, which shall 
     include a website, with links to other relevant Federal 
     websites, a telephone number, and staff, through which 
     information shall be made available on--
       (A) ways in which States, political subdivisions, and 
     private entities can access Federal grants;
       (B) emergency preparedness education and awareness tools 
     that businesses, schools, and the general public can use; and
       (C) other information as appropriate.
       (3) Public awareness campaign.--The Clearinghouse shall 
     develop a public awareness campaign. The campaign shall be 
     ongoing, and shall include an annual theme to be implemented 
     during the National Emergency Preparedness Week established 
     under section 154. The Clearinghouse shall work with heads of 
     agencies to coordinate public service announcements and other 
     information-sharing tools utilizing a wide range of media.
       (4) Best practices information.--The Clearinghouse shall 
     compile and disseminate information on best practices for 
     emergency preparedness identified by the Secretary and the 
     heads of other agencies.

     SEC. 153. PILOT PROGRAM.

       (a) Emergency Preparedness Enhancement Pilot Program.--The 
     Department shall award grants to private entities to pay for 
     the Federal share of the cost of improving emergency 
     preparedness, and educating employees and other individuals 
     using the entities' facilities about emergency preparedness.
       (b) Use of Funds.--An entity that receives a grant under 
     this subsection may use the funds made available through the 
     grant to--
       (1) develop evacuation plans and drills;
       (2) plan additional or improved security measures, with an 
     emphasis on innovative technologies or practices;
       (3) deploy innovative emergency preparedness technologies; 
     or
       (4) educate employees and customers about the development 
     and planning activities described in paragraphs (1) and (2) 
     in innovative ways.
       (c) Federal Share.--The Federal share of the cost described 
     in subsection (a) shall be 50 percent, up to a maximum of 
     $250,000 per grant recipient.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated $5,000,000 for each of fiscal years 2003 
     through 2005 to carry out this section.

     SEC. 154. DESIGNATION OF NATIONAL EMERGENCY PREPAREDNESS 
                   WEEK.

       (a) National Week.--
       (1) Designation.--Each week that includes September 11 is 
     ``National Emergency Preparedness Week''.
       (2) Proclamation.--The President is requested every year to 
     issue a proclamation calling on the people of the United 
     States (including State and local governments and the private 
     sector) to observe the week with appropriate activities and 
     programs.
       (b) Federal Agency Activities.--In conjunction with 
     National Emergency Preparedness Week, the head of each 
     agency, as appropriate, shall coordinate with the Department 
     to inform and educate the private sector and the general 
     public about emergency preparedness activities, resources, 
     and tools, giving a high priority to emergency preparedness 
     efforts designed to address terrorist attacks.

                  Subtitle D--Miscellaneous Provisions

     SEC. 161. NATIONAL BIO-WEAPONS DEFENSE ANALYSIS CENTER.

       (a) Establishment.--There is established within the 
     Department of Defense a National Bio-Weapons Defense Analysis 
     Center (in this section referred to as the ``Center'').
       (b) Mission.--The mission of the Center is to develop 
     countermeasures to potential attacks by terrorists using 
     biological or chemical weapons that are weapons of mass 
     destruction (as defined under section 1403 of the Defense 
     Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 
     2302(1))) and conduct research and analysis concerning such 
     weapons.

     SEC. 162. REVIEW OF FOOD SAFETY.

       (a) Review of Food Safety Laws and Food Safety 
     Organizational Structure.--The Secretary shall enter into an 
     agreement

[[Page 17180]]

     with and provide funding to the National Academy of Sciences 
     to conduct a detailed, comprehensive study which shall--
       (1) review all Federal statutes and regulations affecting 
     the safety and security of the food supply to determine the 
     effectiveness of the statutes and regulations at protecting 
     the food supply from deliberate contamination; and
       (2) review the organizational structure of Federal food 
     safety oversight to determine the efficiency and 
     effectiveness of the organizational structure at protecting 
     the food supply from deliberate contamination.
       (b) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the National Academy of Sciences shall 
     prepare and submit to the President, the Secretary, and 
     Congress a comprehensive report containing--
       (A) the findings and conclusions derived from the reviews 
     conducted under subsection (a); and
       (B) specific recommendations for improving--
       (i) the effectiveness and efficiency of Federal food safety 
     and security statutes and regulations; and
       (ii) the organizational structure of Federal food safety 
     oversight.
       (2) Contents.--In conjunction with the recommendations 
     under paragraph (1), the report under paragraph (1) shall 
     address--
       (A) the effectiveness with which Federal food safety 
     statutes and regulations protect public health and ensure the 
     food supply remains free from contamination;
       (B) the shortfalls, redundancies, and inconsistencies in 
     Federal food safety statutes and regulations;
       (C) the application of resources among Federal food safety 
     oversight agencies;
       (D) the effectiveness and efficiency of the organizational 
     structure of Federal food safety oversight;
       (E) the shortfalls, redundancies, and inconsistencies of 
     the organizational structure of Federal food safety 
     oversight; and
       (F) the merits of a unified, central organizational 
     structure of Federal food safety oversight.
       (c) Response of the Secretary.--Not later than 90 days 
     after the date on which the report under this section is 
     submitted to the Secretary, the Secretary shall provide to 
     the President and Congress the response of the Department to 
     the recommendations of the report and recommendations of the 
     Department to further protect the food supply from 
     contamination.

     SEC. 163. EXCHANGE OF EMPLOYEES BETWEEN AGENCIES AND STATE OR 
                   LOCAL GOVERNMENTS.

       (a) Findings.--Congress finds that--
       (1) information sharing between Federal, State, and local 
     agencies is vital to securing the homeland against terrorist 
     attacks;
       (2) Federal, State, and local employees working 
     cooperatively can learn from one another and resolve complex 
     issues;
       (3) Federal, State, and local employees have specialized 
     knowledge that should be consistently shared between and 
     among agencies at all levels of government; and
       (4) providing training and other support, such as staffing, 
     to the appropriate Federal, State, and local agencies can 
     enhance the ability of an agency to analyze and assess 
     threats against the homeland, develop appropriate responses, 
     and inform the United States public.
       (b) Exchange of Employees.--
       (1) In general.--The Secretary may provide for the exchange 
     of employees of the Department and State and local agencies 
     in accordance with subchapter VI of chapter 33 of title 5, 
     United States Code.
       (2) Conditions.--With respect to exchanges described under 
     this subsection, the Secretary shall ensure that--
       (A) any assigned employee shall have appropriate training 
     or experience to perform the work required by the assignment; 
     and
       (B) any assignment occurs under conditions that 
     appropriately safeguard classified and other sensitive 
     information.

     SEC. 164. WHISTLEBLOWER PROTECTION FOR FEDERAL EMPLOYEES WHO 
                   ARE AIRPORT SECURITY SCREENERS.

       Section 111(d) of the Aviation and Transportation Security 
     Act (Public Law 107-71; 115 Stat. 620; 49 U.S.C. 44935 note) 
     is amended--
       (1) by striking ``(d) Screener Personnel.--Notwithstanding 
     any other provision of law,'' and inserting the following:
       ``(d) Screener Personnel.--
       ``(1) In general.--Notwithstanding any other provision of 
     law (except as provided under paragraph (2)),''; and
       (2) by adding at the end the following:
       ``(2) Whistleblower protection.--
       ``(A) Definition.--In this paragraph, the term ``security 
     screener'' means--
       ``(i) any Federal employee hired as a security screener 
     under subsection (e) of section 44935 of title 49, United 
     States Code; or
       ``(ii) an applicant for the position of a security screener 
     under that subsection.
       ``(B) In general.--Notwithstanding paragraph (1)--
       ``(i) section 2302(b)(8) of title 5, United States Code, 
     shall apply with respect to any security screener; and
       ``(ii) chapters 12, 23, and 75 of that title shall apply 
     with respect to a security screener to the extent necessary 
     to implement clause (i).
       ``(C) Covered position.--The President may not exclude the 
     position of security screener as a covered position under 
     section 2302(a)(2)(B)(ii) of title 5, United States Code, to 
     the extent that such exclusion would prevent the 
     implementation of subparagraph (B) of this paragraph.''.

     SEC. 165. WHISTLEBLOWER PROTECTION FOR CERTAIN AIRPORT 
                   EMPLOYEES.

       (a) In General.--Section 42121(a) of title 49, United 
     States Code, is amended--
       (1) by striking ``(a) Discrimination Against Airline 
     Employees.--No air carrier or contractor or subcontractor of 
     an air carrier'' and inserting the following:
       ``(a) Discrimination Against Employees.--
       ``(1) In general.--No air carrier, contractor, 
     subcontractor, or employer described under paragraph (2)'';
       (2) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively; and
       (3) by adding at the end the following:
       ``(2) Applicable employers.--Paragraph (1) shall apply to--
       ``(A) an air carrier or contractor or subcontractor of an 
     air carrier;
       ``(B) an employer of airport security screening personnel, 
     other than the Federal Government, including a State or 
     municipal government, or an airport authority, or a 
     contractor of such government or airport authority; or
       ``(C) an employer of private screening personnel described 
     in section 44919 or 44920 of this title.''.
       (b) Technical and Conforming Amendments.--Section 
     42121(b)(2)(B) of title 49, United States Code, is amended--
       (1) in clause (i), by striking ``paragraphs (1) through (4) 
     of subsection (a)'' and inserting ``subparagraphs (A) through 
     (D) of subsection (a)(1)''; and
       (2) in clause (iii), by striking ``paragraphs (1) through 
     (4) of subsection (a)'' and inserting ``subparagraphs (A) 
     through (D) of subsection (a)(1)''.

     SEC. 166. BIOTERRORISM PREPAREDNESS AND RESPONSE DIVISION.

       Section 319D of the Public Health Service Act (42 U.S.C. 
     2472-4) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b), the following:
       ``(c) Bioterrorism Preparedness and Response Division.--
       ``(1) Establishment.--There is established within the 
     Office of the Director of the Centers for Disease Control and 
     Prevention a Bioterrorism Preparedness and Response Division 
     (in this subsection referred to as the `Division').
       ``(2) Mission.--The Division shall have the following 
     primary missions:
       ``(A) To lead and coordinate the activities and 
     responsibilities of the Centers for Disease Control and 
     Prevention with respect to countering bioterrorism.
       ``(B) To coordinate and facilitate the interaction of 
     Centers for Disease Control and Prevention personnel with 
     personnel from the Department of Homeland Security and, in so 
     doing, serve as a major contact point for 2-way 
     communications between the jurisdictions of homeland security 
     and public health.
       ``(C) To train and employ a cadre of public health 
     personnel who are dedicated full-time to the countering of 
     bioterrorism.
       ``(3) Responsibilities.--In carrying out the mission under 
     paragraph (2), the Division shall assume the responsibilities 
     of and budget authority for the Centers for Disease Control 
     and Prevention with respect to the following programs:
       ``(A) The Bioterrorism Preparedness and Response Program.
       ``(B) The Strategic National Stockpile.
       ``(C) Such other programs and responsibilities as may be 
     assigned to the Division by the Director of the Centers for 
     Disease Control and Prevention.
       ``(4) Director.--There shall be in the Division a Director, 
     who shall be appointed by the Director of the Centers for 
     Disease Control and Prevention, in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     Homeland Security.
       ``(5) Staffing.--Under agreements reached between the 
     Director of the Centers for Disease Control and Prevention 
     and the Secretary of Homeland Security--
       ``(A) the Division may be staffed, in part, by personnel 
     assigned from the Department of Homeland Security by the 
     Secretary of Homeland Security; and
       ``(B) the Director of the Centers for Disease Control and 
     Prevention may assign some personnel from the Division to the 
     Department of Homeland Security.''.

     SEC. 167. COORDINATION WITH THE DEPARTMENT OF HEALTH AND 
                   HUMAN SERVICES UNDER THE PUBLIC HEALTH SERVICE 
                   ACT.

       (a) In General.--The annual Federal response plan developed 
     by the Secretary under section 102(b)(14) shall be consistent 
     with section 319 of the Public Health Service Act (42 U.S.C. 
     247d).
       (b) Disclosures Among Relevant Agencies.--
       (1) In general.--Full disclosure among relevant agencies 
     shall be made in accordance with this subsection.

[[Page 17181]]

       (2) Public health emergency.--During the period in which 
     the Secretary of Health and Human Services has declared the 
     existence of a public health emergency under section 319(a) 
     of the Public Health Service Act (42 U.S.C. 247d(a)), the 
     Secretary of Health and Human Services shall keep relevant 
     agencies, including the Department of Homeland Security, the 
     Department of Justice, and the Federal Bureau of 
     Investigation, fully and currently informed.
       (3) Potential public health emergency.--In cases involving, 
     or potentially involving, a public health emergency, but in 
     which no determination of an emergency by the Secretary of 
     Health and Human Services under section 319(a) of the Public 
     Health Service Act (42 U.S.C. 247d(a)), has been made, all 
     relevant agencies, including the Department of Homeland 
     Security, the Department of Justice, and the Federal Bureau 
     of Investigation, shall keep the Secretary of Health and 
     Human Services and the Director of the Centers for Disease 
     Control and Prevention fully and currently informed.

     SEC. 168. RAIL SECURITY ENHANCEMENTS.

       (a) In General.--There are authorized to be appropriated to 
     the Department, for the benefit of Amtrak, for the 2-year 
     period beginning on the date of enactment of this Act--
       (1) $375,000,000 for grants to finance the cost of 
     enhancements to the security and safety of Amtrak rail 
     passenger service;
       (2) $778,000,000 for grants for life safety improvements to 
     6 New York Amtrak tunnels built in 1910, the Baltimore and 
     Potomac Amtrak tunnel built in 1872, and the Washington, D.C. 
     Union Station Amtrak tunnels built in 1904 under the Supreme 
     Court and House and Senate Office Buildings; and
       (3) $55,000,000 for the emergency repair, and returning to 
     service of Amtrak passenger cars and locomotives.
       (b) Availability of Funds.--Amounts appropriated under 
     subsection (a) shall remain available until expended.
       (c) 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. 169. GRANTS FOR FIREFIGHTING PERSONNEL.

       (a) Section 33 of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229) is amended--
       (1) by redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c) Personnel Grants.--
       ``(1) Exclusion.--Grants awarded under subsection (b) to 
     hire `employees engaged in fire protection', as that term is 
     defined in section 3 of the Fair Labor Standards Act (29 
     U.S.C. 203), shall not be subject to paragraphs (10) or (11) 
     of subsection (b).
       ``(2) Duration.--Grants awarded under paragraph (1) shall 
     be for a 3-year period.
       ``(3) Maximum amount.--The total amount of grants awarded 
     under paragraph (1) shall not exceed $100,000 per 
     firefighter, indexed for inflation, over the 3-year grant 
     period.
       ``(4) Federal share.--
       ``(A) In general.--Notwithstanding subsection (b)(6), the 
     Federal share of a grant under paragraph (1) shall not exceed 
     75 percent of the total salary and benefits cost for 
     additional firefighters hired.
       ``(B) Waiver.--The Director may waive the 25 percent non-
     Federal match under subparagraph (A) for a jurisdiction of 
     50,000 or fewer residents or in cases of extreme hardship.
       ``(5) Application.--In addition to the information under 
     subsection (b)(5), an application for a grant under paragraph 
     (1), shall include--
       ``(A) an explanation for the need for Federal assistance; 
     and
       ``(B) specific plans for obtaining necessary support to 
     retain the position following the conclusion of Federal 
     support.
       ``(6) Maintenance of Effort.--Grants awarded under 
     paragraph (1) shall only be used to pay the salaries and 
     benefits of additional firefighting personnel, and shall not 
     be used to supplant funding allocated for personnel from 
     State and local sources.''; and
       (3) in subsection (f) (as redesignated by paragraph (1)), 
     by adding at the end the following:
       ``(3) $1,000,000,000 for each of fiscal years 2003 and 
     2004, to be used only for grants under subsection (c).''.

     SEC. 170. REVIEW OF TRANSPORTATION SECURITY ENHANCEMENTS.

       (a) Review of Transportation Vulnerabilities and Federal 
     Transportation Security Efforts.--The Comptroller General 
     shall conduct a detailed, comprehensive study which shall--
       (1) review all available intelligence on terrorist threats 
     against aviation, seaport, rail and transit facilities;
       (2) review all available information on vulnerabilities at 
     aviation, seaport, rail and transit facilities; and
       (3) review the steps taken by agencies since September 11, 
     2001, to improve aviation, seaport, rail, and transit 
     security to determine their effectiveness at protecting 
     passengers and transportation infrastructure from terrorist 
     attack.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall prepare 
     and submit to Congress and the Secretary a comprehensive 
     report containing--
       (1) the findings and conclusions from the reviews conducted 
     under subsection (a); and
       (2) proposed steps to improve any deficiencies found in 
     aviation, seaport, rail, and transit security including, to 
     the extent possible, the cost of implementing the steps.
       (c) Response of the Secretary.--Not later than 90 days 
     after the date on which the report under this section is 
     submitted to the Secretary, the Secretary shall provide to 
     the President and Congress--
       (1) the response of the Department to the recommendations 
     of the report; and
       (2) recommendations of the Department to further protect 
     passengers and transportation infrastructure from terrorist 
     attack.

     SEC. 171. INTEROPERABILITY OF INFORMATION SYSTEMS.

       (a) In General.--The Director of the Office of Management 
     and Budget, in consultation with the Secretary and affected 
     entities, shall develop--
       (1) 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
       (2) 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.
       (b) Timetables.--The Director of the Office of Management 
     and Budget, in consultation with the Secretary and affected 
     entities, shall establish timetables for development and 
     implementation of the enterprise architecture and plan 
     referred to in subsection (a).
       (c) Implementation.--The Director of the Office of 
     Management and Budget, in consultation with the Secretary and 
     acting under the responsibilities of the Director under law 
     (including the Clinger-Cohen Act of 1996), shall ensure the 
     implementation of the enterprise architecture developed under 
     subsection (a)(1), and shall 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 (a)(1).
       (d) Agency Cooperation.--The head of each agency with 
     responsibility for homeland security shall fully cooperate 
     with the Director of the Office of Management and Budget 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 (a)(1).
       (e) Content.--The enterprise architecture developed under 
     subsection (a)(1), 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.
       (f) Updated Versions.--The Director of the Office of 
     Management and Budget, in consultation with the Secretary, 
     shall oversee and ensure the development of updated versions 
     of the enterprise architecture and plan developed under 
     subsection (a), as necessary.
       (g) Report.--The Director of the Office of Management and 
     Budget, in consultation with the Secretary, shall annually 
     report to Congress on the development and implementation of 
     the enterprise architecture and plan referred to under 
     subsection (a).
       (h) Consultation.--The Director of the Office of Management 
     and Budget shall consult with information systems management 
     experts in the public and private sectors, in the development 
     and implementation of the enterprise architecture and plan 
     referred to under subsection (a).
       (i) Principal Officer.--The Director of the Office of 
     Management and Budget 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 section.

     SEC. 172. PROHIBITION ON CONTRACTS WITH CORPORATE 
                   EXPATRIATES.

       (a) In General.--The Secretary may not enter into any 
     contract with a foreign incorporated entity which is treated 
     as an inverted domestic corporation under subsection (b), or 
     any subsidiary of such entity.
       (b) Inverted Domestic Corporation.--For purposes of this 
     section, a foreign incorporated entity shall be treated as an 
     inverted domestic corporation if, pursuant to a plan (or a 
     series of related transactions)--
       (1) the entity has completed the direct or indirect 
     acquisition of substantially all of the properties held 
     directly or indirectly by a domestic corporation or 
     substantially all of the properties constituting a trade or 
     business of a domestic partnership,
       (2) after the acquisition at least 50 percent of the stock 
     (by vote or value) of the entity is held--

[[Page 17182]]

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

     SEC. 173. EXTENSION OF CUSTOMS USER FEES.

       Section 13031(j)(3) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended 
     by striking ``September 30, 2003'' and inserting ``March 31, 
     2004''.

                   Subtitle E--Transition Provisions

     SEC. 181. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``agency'' includes any entity, 
     organizational unit, or function transferred or to be 
     transferred under this title.
       (2) Transition period.--The term ``transition period'' 
     means the 1-year period beginning on the effective date of 
     this division.

     SEC. 182. IMPLEMENTATION PROGRESS REPORTS AND LEGISLATIVE 
                   RECOMMENDATIONS.

       (a) In General.--In consultation with the President and in 
     accordance with this section, the Secretary shall prepare 
     implementation progress reports and submit such reports to--
       (1) the President of the Senate and the Speaker of the 
     House of Representatives for referral to the appropriate 
     committees; and
       (2) the Comptroller General of the United States.
       (b) Report Frequency.--
       (1) Initial report.--As soon as practicable, and not later 
     than 6 months after the date of enactment of this Act, the 
     Secretary shall submit the first implementation progress 
     report.
       (2) Semiannual reports.--Following the submission of the 
     report under paragraph (1), the Secretary shall submit 
     additional implementation progress reports not less 
     frequently than once every 6 months until all transfers to 
     the Department under this title have been completed.
       (3) Final report.--Not later than 6 months after all 
     transfers to the Department under this title have been 
     completed, the Secretary shall submit a final implementation 
     progress report.
       (c) Contents.--
       (1) In general.--Each implementation progress report shall 
     report on the progress made in implementing titles I and XI, 
     including fulfillment of the functions transferred under this 
     Act, and shall include all of the information specified under 
     paragraph (2) that the Secretary has gathered as of the date 
     of submission. Information contained in an earlier report may 
     be referenced, rather than set out in full, in a subsequent 
     report. The final implementation progress report shall 
     include any required information not yet provided.
       (2) Specifications.--Each implementation progress report 
     shall contain, to the extent available--
       (A) with respect to the transfer and incorporation of 
     entities, organizational units, and functions--
       (i) the actions needed to transfer and incorporate 
     entities, organizational units, and functions into the 
     Department;
       (ii) a projected schedule, with milestones, for completing 
     the various phases of the transition;
       (iii) a progress report on taking those actions and meeting 
     the schedule;
       (iv) the organizational structure of the Department, 
     including a listing of the respective directorates, the field 
     offices of the Department, and the executive positions that 
     will be filled by political appointees or career executives;
       (v) the location of Department headquarters, including a 
     timeframe for relocating to the new location, an estimate of 
     cost for the relocation, and information about which elements 
     of the various agencies will be located at headquarters;
       (vi) unexpended funds and assets, liabilities, and 
     personnel that will be transferred, and the proposed 
     allocations and disposition within the Department; and
       (vii) the costs of implementing the transition;
       (B) with respect to human capital planning--
       (i) a description of the workforce planning undertaken for 
     the Department, including the preparation of an inventory of 
     skills and competencies available to the Department, to 
     identify any gaps, and to plan for the training, recruitment, 
     and retention policies necessary to attract and retain a 
     workforce to meet the needs of the Department;
       (ii) the past and anticipated future record of the 
     Department with respect to recruitment and retention of 
     personnel;
       (iii) plans or progress reports on the utilization by the 
     Department of existing personnel flexibility, provided by law 
     or through regulations of the President and the Office of 
     Personnel Management, to achieve the human capital needs of 
     the Department;
       (iv) any inequitable disparities in pay or other terms and 
     conditions of employment among employees within the 
     Department resulting from the consolidation under this 
     division of functions, entities, and personnel previously 
     covered by disparate personnel systems; and
       (v) efforts to address the disparities under clause (iv) 
     using existing personnel flexibility;
       (C) with respect to information technology--
       (i) an assessment of the existing and planned information 
     systems of the Department; and
       (ii) a report on the development and implementation of 
     enterprise architecture and of the plan to achieve 
     interoperability;
       (D) with respect to programmatic implementation--
       (i) the progress in implementing the programmatic 
     responsibilities of this division;
       (ii) the progress in implementing the mission of each 
     entity, organizational unit, and function transferred to the 
     Department;
       (iii) recommendations of any other governmental entities, 
     organizational units, or functions that need to be 
     incorporated into the Department in order for the Department 
     to function effectively; and
       (iv) recommendations of any entities, organizational units, 
     or functions not related to homeland security transferred to 
     the Department that need to be transferred from the 
     Department or terminated for the Department to function 
     effectively.
       (d) Legislative Recommendations.--
       (1) Inclusion in report.--The Secretary, after consultation 
     with the appropriate committees of Congress, shall include in 
     the report under this section, recommendations for 
     legislation that the Secretary determines is necessary to--
       (A) facilitate the integration of transferred entities, 
     organizational units, and functions into the Department;
       (B) reorganize agencies, executive positions, and the 
     assignment of functions within the Department;

[[Page 17183]]

       (C) address any inequitable disparities in pay or other 
     terms and conditions of employment among employees within the 
     Department resulting from the consolidation of agencies, 
     functions, and personnel previously covered by disparate 
     personnel systems;
       (D) enable the Secretary to engage in procurement essential 
     to the mission of the Department;
       (E) otherwise help further the mission of the Department; 
     and
       (F) make technical and conforming amendments to existing 
     law to reflect the changes made by titles I and XI.
       (2) Separate submission of proposed legislation.--The 
     Secretary may submit the proposed legislation under paragraph 
     (1) to Congress before submitting the balance of the report 
     under this section.

     SEC. 183. SAVINGS PROVISIONS.

       (a) Continuing Effect of Legal Documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, recognitions of labor organizations, 
     collective bargaining agreements, certificates, licenses, 
     registrations, privileges, and other administrative actions--
       (1) which have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of functions which are transferred under this 
     title; and
       (2) which are in effect at the time this division takes 
     effect, or were final before the effective date of this 
     division and are to become effective on or after the 
     effective date of this division, shall, to the extent related 
     to such functions, continue in effect according to their 
     terms until modified, terminated, superseded, set aside, or 
     revoked in accordance with law by the President, the 
     Secretary or other authorized official, or a court of 
     competent jurisdiction, or by operation of law.
       (b) Proceedings Not Affected.--The provisions of this title 
     shall not affect any proceedings, including notices of 
     proposed rulemaking, or any application for any license, 
     permit, certificate, or financial assistance pending before 
     an agency at the time this title takes effect, with respect 
     to functions transferred by this title but such proceedings 
     and applications shall continue. Orders shall be issued in 
     such proceedings, appeals shall be taken therefrom, and 
     payments shall be made pursuant to such orders, as if this 
     title had not been enacted, and orders issued in any such 
     proceedings shall continue in effect until modified, 
     terminated, superseded, or revoked by a duly authorized 
     official, by a court of competent jurisdiction, or by 
     operation of law. Nothing in this subsection shall be deemed 
     to prohibit the discontinuance or modification of any such 
     proceeding under the same terms and conditions and to the 
     same extent that such proceeding could have been discontinued 
     or modified if this title had not been enacted.
       (c) Suits Not Affected.--The provisions of this title shall 
     not affect suits commenced before the effective date of this 
     division, and in all such suits, proceedings shall be had, 
     appeals taken, and judgments rendered in the same manner and 
     with the same effect as if this title had not been enacted.
       (d) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against an agency, or by or 
     against any individual in the official capacity of such 
     individual as an officer of an agency, shall abate by reason 
     of the enactment of this title.
       (e) Administrative Actions Relating to Promulgation of 
     Regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by an agency 
     relating to a function transferred under this title may be 
     continued by the Department with the same effect as if this 
     title had not been enacted.
       (f) Employment and Personnel.--
       (1) Employee rights.--
       (A) Transferred agencies.--The Department, or a subdivision 
     of the Department, that includes an entity or organizational 
     unit, or subdivision thereof, transferred under this Act, or 
     performs functions transferred under this Act shall not be 
     excluded from coverage of chapter 71 of title 5, United 
     States Code, as a result of any order issued under section 
     7103(b)(1) of title 5, United States Code, after July 19, 
     2002.
       (B) Transferred employees.--An employee transferred to the 
     Department under this Act, who was in an appropriate unit 
     under section 7112 of title 5, United States Code, prior to 
     the transfer, shall not be excluded from a unit under 
     subsection (b)(6) of that section unless--
       (i) the primary job duty of the employee is materially 
     changed after the transfer; and
       (ii) the primary job duty of the employee after such change 
     consists of intelligence, counterintelligence, or 
     investigative duties directly related to the investigation of 
     terrorism, if it is clearly demonstrated that membership in a 
     unit and coverage under chapter 71 of title 5, United States 
     Code, cannot be applied in a manner that would not have a 
     substantial adverse effect on national security.
       (C) Transferred functions.--An employee of the Department 
     who is primarily engaged in carrying out a function 
     transferred to the Department under this Act or a function 
     substantially similar to a function so transferred shall not 
     be excluded from a unit under section 7112(b)(6) of title 5, 
     United States Code, unless the function prior to the transfer 
     was performed by an employee excluded from a unit under that 
     section.
       (D) Other agencies, employees, and functions.--
       (i) Exclusion of subdivision.--Subject to paragraph (A), a 
     subdivision of the Department shall not be excluded from 
     coverage under chapter 71 of title 5, United States Code, 
     under section 7103(b)(1) of that title unless--

       (I) the subdivision has, as a primary function, 
     intelligence, counterintelligence, or investigative duties 
     directly related to terrorism investigation; and
       (II) the provisions of that chapter cannot be applied to 
     that subdivision in a manner consistent with national 
     security requirements and considerations.

       (ii) Exclusion of employee.--Subject to subparagraphs (B) 
     and (C), an employee of the Department shall not be excluded 
     from a unit under section 7112(b)(6) of title 5, United 
     States Code, unless the primary job duty of the employee 
     consists of intelligence, counterintelligence, or 
     investigative duties directly related to terrorism 
     investigation, if it is clearly demonstrated that membership 
     in a unit and coverage under chapter 71 of title 5, United 
     States Code, cannot be applied in a manner that would not 
     have a substantial adverse effect on national security.
       (E) Prior exclusion.--Subparagraphs (A) through (D) shall 
     not apply to any entity or organizational unit, or 
     subdivision thereof, transferred to the Department under this 
     Act that, on July 19, 2002, was excluded from coverage under 
     chapter 71 of title 5, United States Code, under section 
     7103(b)(1) of that title.
       (2) Terms and conditions of employment.--The transfer of an 
     employee to the Department under this Act shall not alter the 
     terms and conditions of employment, including compensation, 
     of any employee so transferred.
       (3) Conditions and criteria for appointment.--Any 
     qualifications, conditions, or criteria required by law for 
     appointments to a position in an agency, or subdivision 
     thereof, transferred to the Department under this title, 
     including a requirement that an appointment be made by the 
     President, by and with the advice and consent of the Senate, 
     shall continue to apply with respect to any appointment to 
     the position made after such transfer to the Department has 
     occurred.
       (4) Whistleblower protection.--The President may not 
     exclude any position transferred to the Department as a 
     covered position under section 2302(a)(2)(B)(ii) of title 5, 
     United States Code, to the extent that such exclusion subject 
     to that authority was not made before the date of enactment 
     of this Act.
       (g) No Effect on Intelligence Authorities.--The transfer of 
     authorities, functions, personnel, and assets of elements of 
     the United States Government under this title, or the 
     assumption of authorities and functions by the Department 
     under this title, shall not be construed, in cases where such 
     authorities, functions, personnel, and assets are engaged in 
     intelligence activities as defined in the National Security 
     Act of 1947, as affecting the authorities of the Director of 
     Central Intelligence, the Secretary of Defense, or the heads 
     of departments and agencies within the intelligence 
     community.

     SEC. 184. USE OF APPROPRIATED FUNDS.

       (a) Applicability of This Section.--Notwithstanding any 
     other provision of this Act or any other law, this section 
     shall apply to the use of any funds, disposal of property, 
     and acceptance, use, and disposal of gifts, or donations of 
     services or property, of, for, or by the Department, 
     including any agencies, entities, or other organizations 
     transferred to the Department under this Act.
       (b) Use of Transferred Funds.--Except as may be provided in 
     an appropriations Act in accordance with subsection (d), 
     balances of appropriations and any other funds or assets 
     transferred under this Act--
       (1) shall be available only for the purposes for which they 
     were originally available;
       (2) shall remain subject to the same conditions and 
     limitations provided by the law originally appropriating or 
     otherwise making available the amount, including limitations 
     and notification requirements related to the reprogramming of 
     appropriated funds; and
       (3) shall not be used to fund any new position established 
     under this Act.
       (c) Notification Regarding Transfers.--The President shall 
     notify Congress not less than 15 days before any transfer of 
     appropriations balances, other funds, or assets under this 
     Act.
       (d) Additional Uses of Funds During Transition.--Subject to 
     subsection (c), amounts transferred to, or otherwise made 
     available to, the Department may be used during the 
     transition period for purposes in addition to those for which 
     they were originally available (including by transfer among 
     accounts of the Department), but only to the extent such 
     transfer or use is specifically permitted in advance in an 
     appropriations Act and only under the conditions and for the 
     purposes specified in such appropriations Act.
       (e) Disposal of Property.--

[[Page 17184]]

       (1) Strict compliance.--If specifically authorized to 
     dispose of real property in this or any other Act, the 
     Secretary shall exercise this authority in strict compliance 
     with section 204 of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 485).
       (2) Deposit of proceeds.--The Secretary shall deposit the 
     proceeds of any exercise of property disposal authority into 
     the miscellaneous receipts of the Treasury in accordance with 
     section 3302(b) of title 31, United States Code.
       (f) Gifts.--Gifts or donations of services or property of 
     or for the Department may not be accepted, used, or disposed 
     of unless specifically permitted in advance in an 
     appropriations Act and only under the conditions and for the 
     purposes specified in such appropriations Act.
       (g) Budget Request.--Under section 1105 of title 31, United 
     States Code, the President shall submit to Congress a 
     detailed budget request for the Department for fiscal year 
     2004.

                 Subtitle F--Administrative Provisions

     SEC. 191. REORGANIZATIONS AND DELEGATIONS.

       (a) Reorganization Authority.--
       (1) In general.--The Secretary may, as necessary and 
     appropriate--
       (A) allocate, or reallocate, functions among officers of 
     the Department; and
       (B) establish, consolidate, alter, or discontinue 
     organizational entities within the Department.
       (2) Limitation.--Paragraph (1) does not apply to--
       (A) any office, bureau, unit, or other entity established 
     by law and transferred to the Department;
       (B) any function vested by law in an entity referred to in 
     subparagraph (A) or vested by law in an officer of such an 
     entity; or
       (C) the alteration of the assignment or delegation of 
     functions assigned by this Act to any officer or 
     organizational entity of the Department.
       (b) Delegation Authority.--
       (1) Secretary.--The Secretary may--
       (A) delegate any of the functions of the Secretary; and
       (B) authorize successive redelegations of functions of the 
     Secretary to other officers and employees of the Department.
       (2) Officers.--An officer of the Department may--
       (A) delegate any function assigned to the officer by law; 
     and
       (B) authorize successive redelegations of functions 
     assigned to the officer by law to other officers and 
     employees of the Department.
       (3) Limitations.--
       (A) Interunit delegation.--Any function assigned by this 
     title to an organizational unit of the Department or to the 
     head of an organizational unit of the Department may not be 
     delegated to an officer or employee outside of that unit.
       (B) Functions.--Any function vested by law in an entity 
     established by law and transferred to the Department or 
     vested by law in an officer of such an entity may not be 
     delegated to an officer or employee outside of that entity.

     SEC. 192. REPORTING REQUIREMENTS.

       (a) Annual Evaluations.--The Comptroller General of the 
     United States shall monitor and evaluate the implementation 
     of titles I and XI. Not later than 15 months after the 
     effective date of this division, and every year thereafter 
     for the succeeding 5 years, the Comptroller General shall 
     submit a report to Congress containing--
       (1) an evaluation of the implementation progress reports 
     submitted to Congress and the Comptroller General by the 
     Secretary under section 182;
       (2) the findings and conclusions of the Comptroller General 
     of the United States resulting from the monitoring and 
     evaluation conducted under this subsection, including 
     evaluations of how successfully the Department is meeting--
       (A) the homeland security missions of the Department; and
       (B) the other missions of the Department; and
       (3) any recommendations for legislation or administrative 
     action the Comptroller General considers appropriate.
       (b) Biennial Reports.--Every 2 years the Secretary shall 
     submit to Congress--
       (1) a report assessing the resources and requirements of 
     executive agencies relating to border security and emergency 
     preparedness issues; and
       (2) a report certifying the preparedness of the United 
     States to prevent, protect against, and respond to natural 
     disasters, cyber attacks, and incidents involving weapons of 
     mass destruction.
       (c) Point of Entry Management Report.--Not later than 1 
     year after the effective date of this division, the Secretary 
     shall submit to Congress a report outlining proposed steps to 
     consolidate management authority for Federal operations at 
     key points of entry into the United States.
       (d) Results-Based Management.--
       (1) Strategic plan.--
       (A) In general.--Not later than September 30, 2003, 
     consistent with the requirements of section 306 of title 5, 
     United States Code, the Secretary, in consultation with 
     Congress, shall prepare and submit to the Director of the 
     Office of Management and Budget and to Congress a strategic 
     plan for the program activities of the Department.
       (B) Period; revisions.--The strategic plan shall cover a 
     period of not less than 5 years from the fiscal year in which 
     it is submitted and it shall be updated and revised at least 
     every 3 years.
       (C) Contents.--The strategic plan shall describe the 
     planned results for the non-homeland security related 
     activities of the Department and the homeland security 
     related activities of the Department.
       (2) Performance plan.--
       (A) In general.--In accordance with section 1115 of title 
     31, United States Code, the Secretary shall prepare an annual 
     performance plan covering each program activity set forth in 
     the budget of the Department.
       (B) Contents.--The performance plan shall include--
       (i) the goals to be achieved during the year;
       (ii) strategies and resources required to meet the goals; 
     and
       (iii) the means used to verify and validate measured 
     values.
       (C) Scope.--The performance plan should describe the 
     planned results for the non-homeland security related 
     activities of the Department and the homeland security 
     related activities of the Department.
       (3) Performance report.--
       (A) In general.--In accordance with section 1116 of title 
     31, United States Code, the Secretary shall prepare and 
     submit to the President and Congress an annual report on 
     program performance for each fiscal year.
       (B) Contents.--The performance report shall include the 
     actual results achieved during the year compared to the goals 
     expressed in the performance plan for that year.

     SEC. 193. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH 
                   REQUIREMENTS.

       The Secretary shall--
       (1) ensure that the Department complies with all applicable 
     environmental, safety, and health statutes and requirements; 
     and
       (2) develop procedures for meeting such requirements.

     SEC. 194. LABOR STANDARDS.

       (a) In General.--All laborers and mechanics employed by 
     contractors or subcontractors in the performance of 
     construction work financed in whole or in part with 
     assistance received under this Act shall be paid wages at 
     rates not less than those prevailing on similar construction 
     in the locality as determined by the Secretary of Labor in 
     accordance with the Davis-Bacon Act (40 U.S.C. 276a et seq.).
       (b) Secretary of Labor.--The Secretary of Labor shall have, 
     with respect to the enforcement of labor standards under 
     subsection (a), the authority and functions set forth in 
     Reorganization Plan Number 14 of 1950 (5 U.S.C. App.) and 
     section 2 of the Act of June 13, 1934 (48 Stat. 948, chapter 
     482; 40 U.S.C. 276c).

     SEC. 195. PRESERVING NON-HOMELAND SECURITY MISSION 
                   PERFORMANCE.

       (a) In General.--For each entity transferred into the 
     Department that has non-homeland security functions, the 
     respective Under Secretary in charge, in conjunction with the 
     head of such entity, shall report to the Secretary, the 
     Comptroller General, and the appropriate committees of 
     Congress on the performance of the entity in all of its 
     missions, with a particular emphasis on examining the 
     continued level of performance of the non-homeland security 
     missions.
       (b) Contents.--The report referred to in subsection (a) 
     shall--
       (1) to the greatest extent possible, provide an inventory 
     of the non-homeland security functions of the entity and 
     identify the capabilities of the entity with respect to those 
     functions, including--
       (A) the number of employees who carry out those functions;
       (B) the budget for those functions; and
       (C) the flexibilities, personnel or otherwise, currently 
     used to carry out those functions;
       (2) contain information related to the roles, 
     responsibilities, missions, organizational structure, 
     capabilities, personnel assets, and annual budgets, 
     specifically with respect to the capabilities of the entity 
     to accomplish its non-homeland security missions without any 
     diminishment; and
       (3) contain information regarding whether any changes are 
     required to the roles, responsibilities, missions, 
     organizational structure, modernization programs, projects, 
     activities, recruitment and retention programs, and annual 
     fiscal resources to enable the entity to accomplish its non-
     homeland security missions without diminishment.
       (c) Timing.--Each Under Secretary shall provide the report 
     referred to in subsection (a) annually, for the 5 years 
     following the transfer of the entity to the Department.

     SEC. 196. FUTURE YEARS HOMELAND SECURITY PROGRAM.

       (a) In General.--Each budget request submitted to Congress 
     for the Department under section 1105 of title 31, United 
     States Code, and each budget request submitted to Congress 
     for the National Terrorism Prevention and Response Program 
     shall be accompanied by a Future Years Homeland Security 
     Program.
       (b) Contents.--The Future Years Homeland Security Program 
     under subsection (a) shall be structured, and include the 
     same type of information and level of detail, as

[[Page 17185]]

     the Future Years Defense Program submitted to Congress by the 
     Department of Defense under section 221 of title 10, United 
     States Code.
       (c) Effective Date.--This section shall take effect with 
     respect to the preparation and submission of the fiscal year 
     2005 budget request for the Department and the fiscal year 
     2005 budget request for the National Terrorism Prevention and 
     Response Program, and for any subsequent fiscal year.

     SEC. 197. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL 
                   INFORMATION.

       (a) Definitions.--In this section:
       (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) 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.
       (b) In General.--Notwithstanding any other provision of 
     law, 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.
       (c) 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.
       (d) Withdrawal of Confidential Designation.--The provider 
     of a record that is furnished voluntarily to the Department 
     under subsection (b) may at any time withdraw, in a manner 
     specified by the Department, the confidential designation.
       (e) 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 (d).
       (f) 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.
       (g) Report.--
       (1) Requirement.--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 paragraph (2) a report on the implementation and 
     use of this section, including--
       (A) 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;
       (B) the number of requests for access to records granted or 
     denied under this section; and
       (C) 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.
       (2) Committees of congress.--The committees of Congress 
     specified in this paragraph are--
       (A) the Committees on the Judiciary and Governmental 
     Affairs of the Senate; and
       (B) the Committees on the Judiciary and Government Reform 
     and Oversight of the House of Representatives.
       (3) Form.--The report shall be submitted in unclassified 
     form, but may include a classified annex.

     SEC. 198. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to--
       (1) enable the Secretary to administer and manage the 
     Department; and
       (2) carry out the functions of the Department other than 
     those transferred to the Department under this Act.
                                 ______
                                 
  SA 4674. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike all after the first word and insert the following:
       The Security is responsible for ensuring that Federal, 
     State, and local entities share homeland security information 
     to the maximum extent practicable, with special emphasis on 
     hard-to-reach urban and rural communities.
                                 ______
                                 
  SA 4675. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike all after the first word and insert the following:

     ``Sense of Congress.--It is the sense of Congress that the 
     Department of Homeland Security shall comply with all laws 
     protecting the civil rights and civil liberties of United 
     States persons.''.
                                 ______
                                 
  SA 4676. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike all after the first word and insert the following: 
     ``The term `State' means any State of the United States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     Virgin Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, and any possession of the United 
     States.''.
                                 ______
                                 
  SA 4677. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike all after the first word and insert the following: 
     ``It is the sense of Congress that the Department of Homeland 
     Security shall comply with all laws protecting the privacy of 
     United States persons.''.
                                 ______
                                 
  SA 4678. Mrs. FEINSTEIN (for herself and Mr. McCain) submitted an 
amendment intended to be proposed to amendment SA 4471 proposed by Mr. 
Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 211, between lines 9 and 10, insert the following:

     SEC. 512. AIRPORT SECURITY SCREENER STANDARDS AND TRAINING.

       (a) In General.--Section 44935(e)(2) of title 49, United 
     States Code, is amended--
       (1) by striking ``States;'' in subparagraph (A)(ii) and 
     inserting ``States or described in subparagraph (C);'';
       (2) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (3) by inserting after subparagraph (B) the following:
       ``(C) Other individuals.--An individual is described in 
     this subparagraph if that individual--
       ``(i) is a national of the United States (as defined in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)));
       ``(ii) was born in a territory of the United States;
       ``(iii) was honorably discharged from service in the Armed 
     Forces of the United States; or
       ``(iv) is an alien lawfully admitted for permanent 
     residence, as defined in section 101(a)(20) of the 
     Immigration and Nationality Act and was employed to perform 
     security screening services at an airport in the United 
     States on the date of enactment of the Aviation and 
     Transportation Security Act (Public Law 107-71).''.
       (b) Correction of Subsection Designation.--Subsection (i) 
     of section 44935 of title 49, United States Code, relating to 
     accessibility of computer-based training facilities, is 
     redesignated as subsection (k).

[[Page 17186]]



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