[House Report 115-90]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-90
======================================================================
HSA TECHNICAL CORRECTIONS ACT
_______
April 12, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 1258]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1258) to make technical corrections to the
Homeland Security Act of 2002, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
New Budget Authority, Entitlement Authority, and Tax Expenditures 2
Congressional Budget Office Estimate............................. 2
Statement of General Performance Goals and Objectives............ 3
Duplicative Federal Programs..................................... 3
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 3
Federal Mandates Statement....................................... 4
Preemption Clarification......................................... 4
Disclosure of Directed Rule Makings.............................. 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
The purpose of H.R. 1258 is to make technical corrections
to the Homeland Security Act of 2002.
Background and Need for Legislation
In the aftermath of September 11, 2001, Congress passed the
Homeland Security Act of 2002 (HSA) (Pub. L. 107-296), the
organizing document of the Department of Homeland Security
(DHS), to enhance the ability of the Federal Government to
prevent future acts of domestic terrorism. Passage of this
legislation marked one of the most dramatic reorganizations of
the Federal Government in decades and introduced a number of
new offices and reporting requirements. In the intervening
years, agencies have changed names, roles and responsibilities
have shifted, and a number of the required reports have been
completed. This legislation updates the HSA to ensure it more
accurately reflects the current organization and mission of DHS
and thereby allows Congress to conduct more effective oversight
of the Department.
Hearings
No hearings were held on H.R. 1258 in the 115th Congress.
Committee Consideration
The Committee met on March 8, 2017, to consider H.R. 1258,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by voice vote.
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 1258.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
1258, the HSA Technical Corrections Act, would result in no new
or increased budget authority, entitlement authority, or tax
expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 15, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1258, the HSA
Technical Corrections Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall, Director.
Enclosure.
H.R. 1258--HSA Technical Corrections Act
H.R. 1258 would amend the Homeland Security Act of 2002 by
making technical corrections to that act, including striking
provisions related to obsolete offices and outdated reporting
requirements. CBO estimates that implementing H.R. 1258 would
have no significant cost to the federal government.
Enacting the legislation would not affect direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 1258 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 1258 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 1258 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation updates the Homeland Security Act of 2002
to ensure it more accurately reflects the current organization
and mission of the Department of Homeland Security.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 1258 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 1258 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 1258 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``HSA Technical Corrections Act''.
Sec. 2. References to the Homeland Security Act of 2002
This section states that, unless otherwise noted, the
changes made in this measure shall apply only to the Homeland
Security Act of 2002 (Pub. L. 107-296).
Sec. 3. Technical amendments to the Homeland Security Act of 2002
This section makes technical corrections to Titles I, II,
III, IV, V, VI, VII, VIII, IX, X, XI, XIV, XV, XVI, XVIII, XIX,
XX, and the Table of Contents of the Homeland Security Act of
2002. Including section redesignations, correcting drafting
errors, eliminating expired reporting requirements, and
updating certain office names and titles.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
[Sec. 317. Promoting antiterrorism through international cooperation
program.
[Sec. 319. EMP and GMD mitigation research and development.
[Sec. 318. Social media working group.
[Sec. 319. Transparency in research and development.]
Sec. 317. Promoting antiterrorism through international cooperation
program.
Sec. 318. Social media working group.
Sec. 319. Transparency in research and development.
Sec. 320. EMP and GMD mitigation and research and development.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
Subtitle A--Border, Maritime, and Transportation Security
Responsibilities and Functions
* * * * * * *
[Sec. 402. Responsibilities.
[Sec. 403. Functions transferred.]
Sec. 401. Border, maritime, and transportation responsibilities.
Subtitle B--U.S. Customs and Border Protection
* * * * * * *
[Sec. 417. Allocation of resources by the Secretary.]
Sec. 416. Allocation of resources by the Secretary.
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
[Sec. 427. Coordination of information and information technology.
[Sec. 428. Visa issuance.
[Sec. 429. Information on visa denials required to be entered into
electronic data system.
[Sec. 430. Office for Domestic Preparedness.
[Sec. 431. Office of Cargo Security Policy.
[Sec. 432. Border Enforcement Security Task Force.
[Sec. 433. Prevention of international child abduction.]
Sec. 425. Coordination of information and information technology.
Sec. 426. Visa issuance.
Sec. 427. Information on visa denials required to be entered into
electronic data system.
Sec. 428. Border Enforcement Security Task Force.
Sec. 429. Prevention of international child abduction.
* * * * * * *
[Subtitle D--Immigration Enforcement Functions
[Sec. 441. Transfer of functions.
[Sec. 442. U.S. Immigration and Customs Enforcement.
[Sec. 443. Professional responsibility and quality review.
[Sec. 444. Employee discipline.
[Sec. 445. Report on improving enforcement functions.
[Sec. 446. Sense of Congress regarding construction of fencing near San
Diego, California.]
Subtitle D--U.S. Immigration and Customs Enforcement
Sec. 441. Establishment of U.S. Immigration and Customs Enforcement.
Sec. 442. Professional responsibility and quality review.
Sec. 443. Employee discipline.
[Subtitle E--Citizenship and Immigration Services
[Sec. 451. Establishment of Bureau of Citizenship and Immigration
Services.]
Subtitle E--United States Citizenship and Immigration Services
Sec. 451. Establishment of United States Citizenship and Immigration
Services.
* * * * * * *
[Sec. 455. Effective date.
[Sec. 456. Transition.]
Sec. 455. Children's affairs.
* * * * * * *
[Sec. 459. Report on improving immigration services.
[Sec. 460. Report on responding to fluctuating needs.
[Sec. 461. Application of Internet-based technologies.]
* * * * * * *
Subtitle F--General Immigration Provisions
[Sec. 471. Abolishment of INS.
[Sec. 472. Voluntary separation incentive payments.
[Sec. 473. Authority to conduct a demonstration project relating to
disciplinary action.
[Sec. 474. Sense of Congress.
[Sec. 475. Director of Shared Services.
[Sec. 476. Separation of funding.
[Sec. 477. Reports and implementation plans.
[Sec. 478. Immigration functions.]
Sec. 471. Reorganization and prohibition.
Sec. 472. Separation of funding.
Sec. 473. Annual report on immigration functions.
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
[Sec. 502. Definition.]
* * * * * * *
TITLE VII--MANAGEMENT
* * * * * * *
[Sec. 706. Consolidation and co-location of offices.
[Sec. 707. Quadrennial Homeland Security Review.
[Sec. 708. Joint Task Forces.
[Sec. 709. Office of Strategy, Policy, and Plans.]
Sec. 706. Quadrennial Homeland Security Review.
Sec. 707. Joint Task Forces.
Sec. 708. Office of Strategy, Policy, and Plans.
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle B--Inspector General
[Sec. 811. Authority of the Secretary.
[Sec. 812. Law enforcement powers of Inspector General agents.]
Sec. 811. Law enforcement powers of Inspector General agents.
* * * * * * *
Subtitle F--Federal Emergency Procurement Flexibility
* * * * * * *
[Sec. 857. Review and report by Comptroller General.
[Sec. 858. Identification of new entrants into the Federal marketplace.]
Sec. 857. Identification of new entrants into the Federal marketplace.
* * * * * * *
Subtitle H--Miscellaneous Provisions
* * * * * * *
[Sec. 878. Counternarcotics officer.
[Sec. 879. Office of International Affairs.]
* * * * * * *
[Sec. 881. Review of pay and benefit plans.]
* * * * * * *
[Sec. 889. Homeland security funding analysis in President's budget.]
Sec. 889. Cyber crimes center, child exploitation investigations unit,
computer forensics unit, and cyber crimes unit.
* * * * * * *
[Sec. 890A. Cyber crimes center, child exploitation investigations unit,
computer forensics unit, and cyber crimes unit.]
Subtitle I--Information Sharing
* * * * * * *
[Sec. 893. Report.
[Sec. 894. Authorization of appropriations.]
Sec. 893. Authorization of appropriations.
* * * * * * *
[TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION
[Sec. 1201. Air carrier liability for third party claims arising out of
acts of terrorism.
[Sec. 1202. Extension of insurance policies.
[Sec. 1203. Correction of reference.
[Sec. 1204. Report.]
* * * * * * *
[TITLE XIV--ARMING PILOTS AGAINST TERRORISM
[Sec. 1401. Short title.
[Sec. 1402. Federal Flight Deck Officer Program.
[Sec. 1403. Crew training.
[Sec. 1404. Commercial airline security study.
[Sec. 1405. Authority to arm flight deck crew with less-than-lethal
weapons.
[Sec. 1406. Technical amendments.]
TITLE XV--TRANSITION
Subtitle A--Reorganization Plan
* * * * * * *
[Sec. 1502. Reorganization plan.
[Sec. 1503. Review of congressional committee structures.]
Sec. 1502. Review of congressional committee structures.
* * * * * * *
TITLE I--DEPARTMENT OF HOMELAND SECURITY
* * * * * * *
SEC. 103. OTHER OFFICERS.
(a) Deputy Secretary; Under Secretaries.--
(1) In general.--Except as provided under paragraph
(2), there are the following officers, appointed by the
President, by and with the advice and consent of the
Senate:
(A) A Deputy Secretary of Homeland Security,
who shall be the Secretary's first assistant
for purposes of subchapter III of chapter 33 of
title 5, United States Code.
(B) An Under Secretary for Science and
Technology.
(C) A Commissioner of U.S. Customs and Border
Protection.
(D) An Administrator of the Federal Emergency
Management Agency.
(E) A Director of [the Bureau of] U.S.
Citizenship and Immigration Services.
(F) An Under Secretary for Management, who
shall be first assistant to the Deputy
Secretary of Homeland Security for purposes of
subchapter III of chapter 33 of title 5, United
States Code.
(G) A Director of U.S. Immigration and
Customs Enforcement.
(H) An Under Secretary responsible for
overseeing critical infrastructure protection,
cybersecurity, and other related programs of
the Department.
(I) Not more than 12 Assistant Secretaries.
(J) A General Counsel, who shall be the chief
legal officer of the Department.
(K) An Under Secretary for Strategy, Policy,
and Plans.
(L) An Administrator of the Transportation
Security Administration.
(M) A Commandant of the Coast Guard.
(2) Assistant secretaries.--If any of the Assistant
Secretaries referred to under paragraph (1)(I) is
designated to be the Assistant Secretary for Health
Affairs, the Assistant Secretary for Legislative
Affairs, or the Assistant Secretary for Public Affairs,
that Assistant Secretary shall be appointed by the
President without the advice and consent of the Senate.
(b) Inspector General.--There shall be in the Department an
Office of Inspector General and an Inspector General at the
head of such office, as provided in the Inspector General Act
of 1978 (5 U.S.C. App.).
(c) Commandant of the Coast Guard.--To assist the Secretary
in the performance of the Secretary's functions, there is a
Commandant of the Coast Guard, who shall be appointed as
provided in section 44 of title 14, United States Code, and who
shall report directly to the Secretary. In addition to such
duties as may be provided in this Act and as assigned to the
Commandant by the Secretary, the duties of the Commandant shall
include those required by section 2 of title 14, United States
Code.
(d) Other Officers.--To assist the Secretary in the
performance of the Secretary's functions, there are the
following officers, appointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Information Officer.
(3) An Officer for Civil Rights and Civil Liberties.
(4) A Director for Domestic Nuclear Detection.
(5) Any Director of a Joint Task Force under [section
708] section 707.
(e) Chief Financial Officer.--There shall be in the
Department a Chief Financial Officer, as provided in chapter 9
of title 31, United States Code.
(f) Performance of Specific Functions.--Subject to the
provisions of this Act, every officer of the Department shall
perform the functions specified by law for the official's
office or prescribed by the Secretary.
(g) Vacancies.--
(1) Absence, disability, or vacancy of secretary or
deputy secretary.--Notwithstanding chapter 33 of title
5, United States Code, the Under Secretary for
Management shall serve as the Acting Secretary if by
reason of absence, disability, or vacancy in office,
neither the Secretary nor Deputy Secretary is available
to exercise the duties of the Office of the Secretary.
(2) Further order of succession.--Notwithstanding
chapter 33 of title 5, United States Code, the
Secretary may designate such other officers of the
Department in further order of succession to serve as
Acting Secretary.
(3) Notification of vacancies.--The Secretary shall
notify the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives of
any vacancies that require notification under sections
3345 through 3349d of title 5, United States Code
(commonly known as the ``Federal Vacancies Reform Act
of 1998'').
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information
* * * * * * *
SEC. 202. ACCESS TO INFORMATION.
(a) In General.--
(1) Threat and vulnerability information.--Except as
otherwise directed by the President, the Secretary
shall have such access as the Secretary considers
necessary to all information, including reports,
assessments, analyses, and unevaluated intelligence
relating to threats of terrorism against the United
States and to other areas of responsibility assigned by
the Secretary, and to all information concerning
infrastructure or other vulnerabilities of the United
States to terrorism, whether or not such information
has been analyzed, that may be collected, possessed, or
prepared by any agency of the Federal Government.
(2) Other information.--The Secretary shall also have
access to other information relating to matters under
the responsibility of the Secretary that may be
collected, possessed, or prepared by an agency of the
Federal Government as the President may further
provide.
(b) Manner of Access.--Except as otherwise directed by the
President, with respect to information to which the Secretary
has access pursuant to this section--
(1) the Secretary may obtain such material upon
request, and may enter into cooperative arrangements
with other executive agencies to provide such material
or provide Department officials with access to it on a
regular or routine basis, including requests or
arrangements involving broad categories of material,
access to electronic databases, or both; and
(2) regardless of whether the Secretary has made any
request or entered into any cooperative arrangement
pursuant to paragraph (1), all agencies of the Federal
Government shall promptly provide to the Secretary--
(A) all reports (including information
reports containing intelligence which has not
been fully evaluated), assessments, and
analytical information relating to threats of
terrorism against the United States and to
other areas of responsibility assigned by the
Secretary;
(B) all information concerning the
vulnerability of the infrastructure of the
United States, or other vulnerabilities of the
United States, to terrorism, whether or not
such information has been analyzed;
(C) all other information relating to
significant and credible threats of terrorism
against the United States, whether or not such
information has been analyzed; and
(D) such other information or material as the
President may direct.
(c) Treatment Under Certain Laws.--The Secretary shall be
deemed to be a Federal law enforcement, intelligence,
protective, national defense, immigration, or national security
official, and shall be provided with all information from law
enforcement agencies that is required to be given to the
[Director of Central Intelligence] Director of National
Intelligence, under any provision of the following:
(1) The USA PATRIOT Act of 2001 (Public Law 107-56).
(2) Section 2517(6) of title 18, United States Code.
(3) Rule 6(e)(3)(C) of the Federal Rules of Criminal
Procedure.
(d) Access to Intelligence and Other Information.--
(1) Access by elements of federal government.--
Nothing in this title shall preclude any element of the
intelligence community (as that term is defined in
section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)), or any other element of the Federal
Government with responsibility for analyzing terrorist
threat information, from receiving any intelligence or
other information relating to terrorism.
(2) Sharing of information.--The Secretary, in
consultation with the [Director of Central
Intelligence] Director of National Intelligence, shall
work to ensure that intelligence or other information
relating to terrorism to which the Department has
access is appropriately shared with the elements of the
Federal Government referred to in paragraph (1), as
well as with State and local governments, as
appropriate.
* * * * * * *
SEC. 210E. NATIONAL ASSET DATABASE.
(a) Establishment.--
(1) National asset database.--The Secretary shall
establish and maintain a national database of each
system or asset that--
(A) the Secretary, in consultation with
appropriate homeland security officials of the
States, determines to be vital and the loss,
interruption, incapacity, or destruction of
which would have a negative or debilitating
effect on the economic security, public health,
or safety of the United States, any State, or
any local government; or
(B) the Secretary determines is appropriate
for inclusion in the database.
(2) Prioritized critical infrastructure list.--In
accordance with Homeland Security Presidential
Directive-7, as in effect on January 1, 2007, the
Secretary shall establish and maintain a single
classified prioritized list of systems and assets
included in the database under paragraph (1) that the
Secretary determines would, if destroyed or disrupted,
cause national or regional catastrophic effects.
(b) Use of Database.--The Secretary shall use the database
established under subsection (a)(1) in the development and
implementation of Department plans and programs as appropriate.
(c) Maintenance of Database.--
(1) In general.--The Secretary shall maintain and
annually update the database established under
subsection (a)(1) and the list established under
subsection (a)(2), including--
(A) establishing data collection guidelines
and providing such guidelines to the
appropriate homeland security official of each
State;
(B) regularly reviewing the guidelines
established under subparagraph (A), including
by consulting with the appropriate homeland
security officials of States, to solicit
feedback about the guidelines, as appropriate;
(C) after providing the homeland security
official of a State with the guidelines under
subparagraph (A), allowing the official a
reasonable amount of time to submit to the
Secretary any data submissions recommended by
the official for inclusion in the database
established under subsection (a)(1);
(D) examining the contents and identifying
any submissions made by such an official that
are described incorrectly or that do not meet
the guidelines established under subparagraph
(A); and
(E) providing to the appropriate homeland
security official of each relevant State a list
of submissions identified under subparagraph
(D) for review and possible correction before
the Secretary finalizes the decision of which
submissions will be included in the database
established under subsection (a)(1).
(2) Organization of information in database.--The
Secretary shall organize the contents of the database
established under subsection (a)(1) and the list
established under subsection (a)(2) as the Secretary
determines is appropriate. Any organizational structure
of such contents shall include the categorization of
the contents--
(A) according to the sectors listed in
National Infrastructure Protection Plan
developed pursuant to Homeland Security
Presidential Directive-7; and
(B) by the State and county of their
location.
(3) Private sector integration.--The Secretary shall
identify and evaluate methods, including the
Department's Protected Critical Infrastructure
Information Program, to acquire relevant private sector
information for the purpose of using that information
to generate any database or list, including the
database established under subsection (a)(1) and the
list established under subsection (a)(2).
(4) Retention of classification.--The classification
of information required to be provided to Congress, the
Department, or any other department or agency under
this section by a sector-specific agency, including the
assignment of a level of classification of such
information, shall be binding on Congress, the
Department, and that other Federal agency.
(d) Reports.--
(1) Report required.--Not later than 180 days after
the date of the enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007, and
annually thereafter, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of
the House of Representatives a report on the database
established under subsection (a)(1) and the list
established under subsection (a)(2).
(2) Contents of report.--Each such report shall
include the following:
(A) The name, location, and sector
classification of each of the systems and
assets on the list established under subsection
(a)(2).
(B) The name, location, and sector
classification of each of the systems and
assets on such list that are determined by the
Secretary to be most at risk to terrorism.
(C) Any significant challenges in compiling
the list of the systems and assets included on
such list or in the database established under
subsection (a)(1).
(D) Any significant changes from the
preceding report in the systems and assets
included on such list or in such database.
(E) If appropriate, the extent to which such
database and such list have been used,
individually or jointly, for allocating funds
by the Federal Government to prevent, reduce,
mitigate, or respond to acts of terrorism.
(F) The amount of coordination between the
Department and the private sector, through any
entity of the Department that meets with
representatives of private sector industries
for purposes of such coordination, for the
purpose of ensuring the accuracy of such
database and such list.
(G) Any other information the Secretary deems
relevant.
(3) Classified information.--The report shall be
submitted in unclassified form but may contain a
classified annex.
[(e) Inspector General Study.--By not later than two years
after the date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Inspector General of
the Department shall conduct a study of the implementation of
this section.]
[(f)] (e) National Infrastructure Protection Consortium.--The
Secretary may establish a consortium to be known as the
``National Infrastructure Protection Consortium''. The
Consortium may advise the Secretary on the best way to
identify, generate, organize, and maintain any database or list
of systems and assets established by the Secretary, including
the database established under subsection (a)(1) and the list
established under subsection (a)(2). If the Secretary
establishes the National Infrastructure Protection Consortium,
the Consortium may--
(1) be composed of national laboratories, Federal
agencies, State and local homeland security
organizations, academic institutions, or national
Centers of Excellence that have demonstrated experience
working with and identifying critical infrastructure
and key resources; and
(2) provide input to the Secretary on any request
pertaining to the contents of such database or such
list.
* * * * * * *
Subtitle C--Information Security
* * * * * * *
SEC. 223. ENHANCEMENT OF FEDERAL AND NON-FEDERAL CYBERSECURITY.
In carrying out the responsibilities under section 201, the
Under Secretary appointed under section 103(a)(1)(H) shall--
(1) as appropriate, provide to State and local
government entities, and upon request to private
entities that own or operate critical information
systems--
(A) analysis and warnings related to threats
to, and vulnerabilities of, critical
information systems; and
(B) [in coordination with the Under Secretary
for Emergency Preparedness and Response,]
crisis management support in response to
threats to, or attacks on, critical information
systems; [and]
(2) as appropriate, provide technical assistance,
upon request, to the private sector and other
government entities[, in coordination with the Under
Secretary for Emergency Preparedness and Response,]
with respect to emergency recovery plans to respond to
major failures of critical information systems; and
(3) fulfill the responsibilities of the Secretary to
protect Federal information systems under subchapter II
of chapter 35 of title 44, United States Code.
* * * * * * *
SEC. 225. CYBER SECURITY ENHANCEMENT ACT OF 2002.
(a) Short Title.--This section may be cited as the ``Cyber
Security Enhancement Act of 2002''.
(b) Amendment of Sentencing Guidelines Relating to Certain
Computer Crimes.--
(1) Directive to the united states sentencing
commission.--Pursuant to its authority under section
994(p) of title 28, United States Code, and in
accordance with this subsection, the United States
Sentencing Commission shall review and, if appropriate,
amend its guidelines and its policy statements
applicable to persons convicted of an offense under
section 1030 of title 18, United States Code.
(2) Requirements.--In carrying out this subsection,
the Sentencing Commission shall--
(A) ensure that the sentencing guidelines and
policy statements reflect the serious nature of
the offenses described in paragraph (1), the
growing incidence of such offenses, and the
need for an effective deterrent and appropriate
punishment to prevent such offenses;
(B) consider the following factors and the
extent to which the guidelines may or may not
account for them--
(i) the potential and actual loss
resulting from the offense;
(ii) the level of sophistication and
planning involved in the offense;
(iii) whether the offense was
committed for purposes of commercial
advantage or private financial benefit;
(iv) whether the defendant acted with
malicious intent to cause harm in
committing the offense;
(v) the extent to which the offense
violated the privacy rights of
individuals harmed;
(vi) whether the offense involved a
computer used by the government in
furtherance of national defense,
national security, or the
administration of justice;
(vii) whether the violation was
intended to or had the effect of
significantly interfering with or
disrupting a critical infrastructure;
and
(viii) whether the violation was
intended to or had the effect of
creating a threat to public health or
safety, or injury to any person;
(C) assure reasonable consistency with other
relevant directives and with other sentencing
guidelines;
(D) account for any additional aggravating or
mitigating circumstances that might justify
exceptions to the generally applicable
sentencing ranges;
(E) make any necessary conforming changes to
the sentencing guidelines; and
(F) assure that the guidelines adequately
meet the purposes of sentencing as set forth in
section 3553(a)(2) of title 18, United States
Code.
[(c) Study and Report on Computer Crimes.--Not later than May
1, 2003, the United States Sentencing Commission shall submit a
brief report to Congress that explains any actions taken by the
Sentencing Commission in response to this section and includes
any recommendations the Commission may have regarding statutory
penalties for offenses under section 1030 of title 18, United
States Code.
[(d) Emergency Disclosure Exception.--
[(1) In general. Section 2702(b) of title 18, United
States Code, is amended--
[(A) in paragraph (5), by striking ``or'' at
the end;
[(B) in paragraph (6)(A), by inserting ``or''
at the end;
[(C) by striking paragraph (6)(C); and
[(D) by adding at the end the following:
[``(7) to a Federal, State, or local governmental
entity, if the provider, in good faith, believes that
an emergency involving danger of death or serious
physical injury to any person requires disclosure
without delay of communications relating to the
emergency.''.
[(2) Reporting of disclosures.--A government entity
that receives a disclosure under section 2702(b) of
title 18, United States Code, shall file, not later
than 90 days after such disclosure, a report to the
Attorney General stating the paragraph of that section
under which the disclosure was made, the date of the
disclosure, the entity to which the disclosure was
made, the number of customers or subscribers to whom
the information disclosed pertained, and the number of
communications, if any, that were disclosed. The
Attorney General shall publish all such reports into a
single report to be submitted to Congress 1 year after
the date of enactment of this Act.]
* * * * * * *
SEC. 228A. CYBERSECURITY STRATEGY.
(a) In General.--Not later than 90 days after the date of the
enactment of this section, the Secretary shall develop a
departmental strategy to carry out cybersecurity
responsibilities as set forth in law.
(b) Contents.--The strategy required under subsection (a)
shall include the following:
(1) Strategic and operational goals and priorities to
successfully execute the full range of the Secretary's
cybersecurity responsibilities.
(2) Information on the programs, policies, and
activities that are required to successfully execute
the full range of the Secretary's cybersecurity
responsibilities, including programs, policies, and
activities in furtherance of the following:
(A) Cybersecurity functions set forth in the
section 227 (relating to the national
cybersecurity and communications integration
center).
(B) Cybersecurity investigations
capabilities.
(C) Cybersecurity research and development.
(D) Engagement with international
cybersecurity partners.
(c) Considerations.--In developing the strategy required
under subsection (a), the Secretary shall--
(1) consider--
(A) the cybersecurity strategy for the
Homeland Security Enterprise published by the
Secretary in November 2011;
(B) the Department of Homeland Security
Fiscal Years 2014-2018 Strategic Plan; and
(C) the most recent Quadrennial Homeland
Security Review issued pursuant to [section
707] section 706; and
(2) include information on the roles and
responsibilities of components and offices of the
Department, to the extent practicable, to carry out
such strategy.
(d) Implementation Plan.--Not later than 90 days after the
development of the strategy required under subsection (a), the
Secretary shall issue an implementation plan for the strategy
that includes the following:
(1) Strategic objectives and corresponding tasks.
(2) Projected timelines and costs for such tasks.
(3) Metrics to evaluate performance of such tasks.
(e) Congressional Oversight.--The Secretary shall submit to
Congress for assessment the following:
(1) A copy of the strategy required under subsection
(a) upon issuance.
(2) A copy of the implementation plan required under
subsection (d) upon issuance, together with detailed
information on any associated legislative or budgetary
proposals.
(f) Classified Information.--The strategy required under
subsection (a) shall be in an unclassified form but may contain
a classified annex.
(g) Rule of Construction.--Nothing in this section may be
construed as permitting the Department to engage in monitoring,
surveillance, exfiltration, or other collection activities for
the purpose of tracking an individual's personally identifiable
information.
(h) Definition.--In this section, the term ``Homeland
Security Enterprise'' means relevant governmental and
nongovernmental entities involved in homeland security,
including Federal, State, local, and tribal government
officials, private sector representatives, academics, and other
policy experts.
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER SECRETARY FOR
SCIENCE AND TECHNOLOGY.
The Secretary, acting through the Under Secretary for
Science and Technology, shall have the responsibility for--
(1) advising the Secretary regarding research and
development efforts and priorities in support of the
Department's missions;
(2) developing, in consultation with other
appropriate executive agencies, a national policy and
strategic plan for, identifying priorities, goals,
objectives and policies for, and coordinating the
Federal Government's civilian efforts to identify and
develop countermeasures to chemical, [biological,,]
biological, and other emerging terrorist threats,
including the development of comprehensive, research-
based definable goals for such efforts and development
of annual measurable objectives and specific targets to
accomplish and evaluate the goals for such efforts;
(3) supporting the Under Secretary for Intelligence
and Analysis and the Assistant Secretary for
Infrastructure Protection, by assessing and testing
homeland security vulnerabilities and possible threats;
(4) conducting basic and applied research,
development, demonstration, testing, and evaluation
activities that are relevant to any or all elements of
the Department, through both intramural and extramural
programs, except that such responsibility does not
extend to human health-related research and development
activities;
(5) establishing priorities for, directing, funding,
and conducting national research, development, test and
evaluation, and procurement of technology and systems
for--
(A) preventing the importation of chemical,
[biological,,] biological, and related weapons
and material; and
(B) detecting, preventing, protecting
against, and responding to terrorist attacks;
(6) establishing a system for transferring homeland
security developments or technologies to Federal,
State, local government, and private sector entities;
(7) entering into work agreements, joint
sponsorships, contracts, or any other agreements with
the Department of Energy regarding the use of the
national laboratories or sites and support of the
science and technology base at those facilities;
(8) collaborating with the Secretary of Agriculture
and the Attorney General as provided in section 212 of
the Agricultural Bioterrorism Protection Act of 2002 (7
U.S.C. 8401), as amended by section 1709(b);
(9) collaborating with the Secretary of Health and
Human Services and the Attorney General in determining
any new biological agents and toxins that shall be
listed as ``select agents'' in Appendix A of part 72 of
title 42, Code of Federal Regulations, pursuant to
section 351A of the Public Health Service Act (42
U.S.C. 262a);
(10) supporting United States leadership in science
and technology;
(11) establishing and administering the primary
research and development activities of the Department,
including the long-term research and development needs
and capabilities for all elements of the Department;
(12) coordinating and integrating all research,
development, demonstration, testing, and evaluation
activities of the Department;
(13) coordinating with other appropriate executive
agencies in developing and carrying out the science and
technology agenda of the Department to reduce
duplication and identify unmet needs; and
(14) developing and overseeing the administration of
guidelines for merit review of research and development
projects throughout the Department, and for the
dissemination of research conducted or sponsored by the
Department.
* * * * * * *
SEC. [319.] 320. EMP AND GMD MITIGATION RESEARCH AND DEVELOPMENT.
(a) In general.--In furtherance of domestic preparedness and
response, the Secretary, acting through the Under Secretary for
Science and Technology, and in consultation with other relevant
executive agencies, relevant State, local, and tribal
governments, and relevant owners and operators of critical
infrastructure, shall, to the extent practicable, conduct
research and development to mitigate the consequences of
threats of EMP and GMD.
(b) Scope.--The scope of the research and development under
subsection (a) shall include the following:
(1) An objective scientific analysis--
(A) evaluating the risks to critical
infrastructure from a range of threats of EMP
and GMD; and
(B) which shall--
(i) be conducted in conjunction with
the Office of Intelligence and
Analysis; and
(ii) include a review and comparison
of the range of threats and hazards
facing critical infrastructure of the
electrical grid.
(2) Determination of the critical utilities and
national security assets and infrastructure that are at
risk from threats of EMP and GMD.
(3) An evaluation of emergency planning and response
technologies that would address the findings and
recommendations of experts, including those of the
Commission to Assess the Threat to the United States
from Electromagnetic Pulse Attack, which shall include
a review of the feasibility of rapidly isolating one or
more portions of the electrical grid from the main
electrical grid.
(4) An analysis of technology options that are
available to improve the resiliency of critical
infrastructure to threats of EMP and GMD, including an
analysis of neutral current blocking devices that may
protect high-voltage transmission lines.
(5) The restoration and recovery capabilities of
critical infrastructure under differing levels of
damage and disruption from various threats of EMP and
GMD, as informed by the objective scientific analysis
conducted under paragraph (1).
(6) An analysis of the feasibility of a real-time
alert system to inform electrical grid operators and
other stakeholders within milliseconds of a high-
altitude nuclear explosion.
(c) Exemption from disclosure.--
(1) Information shared with the Federal Government.--
Section 214, and any regulations issued pursuant to
such section, shall apply to any information shared
with the Federal Government under this section.
(2) Information shared by the Federal Government.--
Information shared by the Federal Government with a
State, local, or tribal government under this section
shall be exempt from disclosure under any provision of
State, local, or tribal freedom of information law,
open government law, open meetings law, open records
law, sunshine law, or similar law requiring the
disclosure of information or records.
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
Subtitle A--Border, Maritime, and Transportation Security
Responsibilities and Functions
SEC. [402.] 401. BORDER, MARITIME, AND TRANSPORTATION
RESPONSIBILITIES.
The Secretary shall be responsible for the following:
(1) Preventing the entry of terrorists and the
instruments of terrorism into the United States.
(2) Securing the borders, territorial waters, ports,
terminals, waterways, and air, land, and sea
transportation systems of the United States, including
managing and coordinating those functions transferred
to the Department at ports of entry.
(3) Carrying out the immigration enforcement
functions vested by statute in, or performed by, the
Commissioner of Immigration and Naturalization (or any
officer, employee, or component of the Immigration and
Naturalization Service) immediately before the date on
which the transfer of functions specified under section
441 takes effect.
(4) Establishing and administering rules, in
accordance with [section 428] section 426, governing
the granting of visas or other forms of permission,
including parole, to enter the United States to
individuals who are not a citizen or an alien lawfully
admitted for permanent residence in the United States.
(5) Establishing national immigration enforcement
policies and priorities.
(6) Except as provided in subtitle C, administering
the customs laws of the United States.
(7) Conducting the inspection and related
administrative functions of the Department of
Agriculture transferred to the Secretary of Homeland
Security under section 421.
(8) In carrying out the foregoing responsibilities,
ensuring the speedy, orderly, and efficient flow of
lawful traffic and commerce.
[SEC. 403. FUNCTIONS TRANSFERRED.
[In accordance with title XV (relating to transition
provisions), there shall be transferred to the Secretary the
functions, personnel, assets, and liabilities of--
[(1) the United States Customs Service of the
Department of the Treasury, including the functions of
the Secretary of the Treasury relating thereto;
[(2) the Transportation Security Administration of
the Department of Transportation, including the
functions of the Secretary of Transportation, and of
the Under Secretary of Transportation for Security,
relating thereto;
[(3) the Federal Protective Service of the General
Services Administration, including the functions of the
Administrator of General Services relating thereto;
[(4) the Federal Law Enforcement Training Center of
the Department of the Treasury; and
[(5) the Office for Domestic Preparedness of the
Office of Justice Programs, including the functions of
the Attorney General relating thereto.]
Subtitle B--U.S. Customs and Border Protection
* * * * * * *
SEC. [417.] 416. ALLOCATION OF RESOURCES BY THE SECRETARY.
(a) In General.--The Secretary shall ensure that adequate
staffing is provided to assure that levels of customs revenue
services provided on the day before the effective date of this
Act shall continue to be provided.
(b) Notification of Congress.--The Secretary shall notify the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate at least 90 days prior
to taking any action which would--
(1) result in any significant reduction in customs
revenue services, including hours of operation,
provided at any office within the Department or any
port of entry;
(2) eliminate or relocate any office of the
Department which provides customs revenue services; or
(3) eliminate any port of entry.
(c) Definition.--In this section, the term ``customs revenue
services'' means those customs revenue functions described in
paragraphs (1) through (6) and paragraph (8) of section 415.
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
SEC. 422. FUNCTIONS OF ADMINISTRATOR OF GENERAL SERVICES.
(a) Operation, Maintenance, and Protection of Federal
Buildings and Grounds.--Nothing in this Act may be construed to
affect the functions or authorities of the Administrator of
General Services with respect to the operation, maintenance,
and protection of buildings and grounds owned or occupied by
the Federal Government and under the jurisdiction, custody, or
control of the Administrator[. Except for the law enforcement
and related security functions transferred under section
403(3)] and, the Administrator shall retain all powers,
functions, and authorities vested in the Administrator under
chapter 10 of title 40, United States Code, and other
provisions of law that are necessary for the operation,
maintenance, and protection of such buildings and grounds.
(b) Collection of Rents and Fees; Federal Buildings Fund.--
(1) Statutory construction.--Nothing in this Act may
be construed--
(A) to direct the transfer of, or affect, the
authority of the Administrator of General
Services to collect rents and fees, including
fees collected for protective services; or
(B) to authorize the Secretary or any other
official in the Department to obligate amounts
in the Federal Buildings Fund established by
section 490(f) of title 40, United States Code.
(2) Use of transferred amounts.--Any amounts
transferred by the Administrator of General Services to
the Secretary out of rents and fees collected by the
Administrator shall be used by the Secretary solely for
the protection of buildings or grounds owned or
occupied by the Federal Government.
SEC. 423. FUNCTIONS OF TRANSPORTATION SECURITY ADMINISTRATION.
(a) Consultation With Federal Aviation Administration.--The
Secretary and other officials in the Department shall consult
with the Administrator of the Federal Aviation Administration
before taking any action that might affect aviation safety, air
carrier operations, aircraft airworthiness, or the use of
airspace. The Secretary shall establish a liaison office within
the Department for the purpose of consulting with the
Administrator of the Federal Aviation Administration.
[(b) Report to Congress.--Not later than 60 days after the
date of enactment of this Act, the Secretary of Transportation
shall transmit to Congress a report containing a plan for
complying with the requirements of section 44901(d) of title
49, United States Code, as amended by section 425 of this Act.]
[(c)] (b) Limitations on Statutory Construction.--
(1) Grant of authority.--Nothing in this Act may be
construed to vest in the Secretary or any other
official in the Department any authority over
transportation security that is not vested in the Under
Secretary of Transportation for Security, or in the
Secretary of Transportation under chapter 449 of title
49, United States Code, on the day before the date of
enactment of this Act.
(2) Obligation of aip funds.--Nothing in this Act may
be construed to authorize the Secretary or any other
official in the Department to obligate amounts made
available under section 48103 of title 49, United
States Code.
* * * * * * *
SEC. [427.] 425. COORDINATION OF INFORMATION AND INFORMATION
TECHNOLOGY.
(a) Definition of Affected Agency.--In this section, the term
``affected agency'' means--
(1) the Department;
(2) the Department of Agriculture;
(3) the Department of Health and Human Services; and
(4) any other department or agency determined to be
appropriate by the Secretary.
(b) Coordination.--The Secretary, in coordination with the
Secretary of Agriculture, the Secretary of Health and Human
Services, and the head of each other department or agency
determined to be appropriate by the Secretary, shall ensure
that appropriate information (as determined by the Secretary)
concerning inspections of articles that are imported or entered
into the United States, and are inspected or regulated by 1 or
more affected agencies, is timely and efficiently exchanged
between the affected agencies.
[(c) Report and Plan.--Not later than 18 months after the
date of enactment of this Act, the Secretary, in consultation
with the Secretary of Agriculture, the Secretary of Health and
Human Services, and the head of each other department or agency
determined to be appropriate by the Secretary, shall submit to
Congress--
[(1) a report on the progress made in implementing
this section; and
[(2) a plan to complete implementation of this
section.]
SEC. [428.] 426. VISA ISSUANCE.
(a) Definition.--In this subsection, the term ``consular
office'' has the meaning given that term under section
101(a)(9) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(9)).
(b) In General.--Notwithstanding section 104(a) of the
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other
provision of law, and except as provided in subsection (c) of
this section, the Secretary--
(1) shall be vested exclusively with all authorities
to issue regulations with respect to, administer, and
enforce the provisions of such Act, and of all other
immigration and nationality laws, relating to the
functions of consular officers of the United States in
connection with the granting or refusal of visas, and
shall have the authority to refuse visas in accordance
with law and to develop programs of homeland security
training for consular officers (in addition to consular
training provided by the Secretary of State), which
authorities shall be exercised through the Secretary of
State, except that the Secretary shall not have
authority to alter or reverse the decision of a
consular officer to refuse a visa to an alien; and
(2) shall have authority to confer or impose upon any
officer or employee of the United States, with the
consent of the head of the executive agency under whose
jurisdiction such officer or employee is serving, any
of the functions specified in paragraph (1).
(c) Authority of the Secretary of State.--
(1) In general.--Notwithstanding subsection (b), the
Secretary of State may direct a consular officer to
refuse a visa to an alien if the Secretary of State
deems such refusal necessary or advisable in the
foreign policy or security interests of the United
States.
(2) Construction regarding authority.--Nothing in
this section, consistent with the Secretary of Homeland
Security's authority to refuse visas in accordance with
law, shall be construed as affecting the authorities of
the Secretary of State under the following provisions
of law:
(A) Section 101(a)(15)(A) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(A)).
(B) Section 204(d)(2) of the Immigration and
Nationality Act (8 U.S.C. 1154) (as it will
take effect upon the entry into force of the
Convention on Protection of Children and
Cooperation in Respect to Inter-Country
adoption).
(C) Section 212(a)(3)(B)(i)(IV)(bb) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(i)(IV)(bb)).
(D) Section 212(a)(3)(B)(i)(VI) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(i)(VI)).
(E) Section 212(a)(3)(B)(vi)(II) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi)(II)).
(F) Section 212(a)(3)(C) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(C)).
(G) Section 212(a)(10)(C) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(10)(C)).
(H) Section 212(f) of the Immigration and
Nationality Act (8 U.S.C. 1182(f)).
(I) Section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
(J) Section 237(a)(4)(C) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)(C)).
(K) Section 401 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996
(22 U.S.C. 6034; Public Law 104-114).
(L) Section 613 of the Departments of
Commerce, Justice, and State, the Judiciary and
Related Agencies Appropriations Act, 1999 (as
contained in section 101(b) of division A of
Public Law 105-277) (Omnibus Consolidated and
Emergency Supplemental Appropriations Act,
1999); 112 Stat. 2681; H.R. 4328 (originally
H.R. 4276) as amended by section 617 of Public
Law 106-553.
(M) Section 103(f) of the Chemical Weapon
Convention Implementation Act of 1998 (112
Stat. 2681-865).
(N) Section 801 of H.R. 3427, the Admiral
James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000
and 2001, as enacted by reference in Public Law
106-113.
(O) Section 568 of the Foreign Operations,
Export Financing, and Related Programs
Appropriations Act, 2002 (Public Law 107-115).
(P) Section 51 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2723).
(d) Consular Officers and Chiefs of Missions.--
(1) In general.--Nothing in this section may be
construed to alter or affect--
(A) the employment status of consular
officers as employees of the Department of
State; or
(B) the authority of a chief of mission under
section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927).
(2) Construction regarding delegation of authority.--
Nothing in this section shall be construed to affect
any delegation of authority to the Secretary of State
by the President pursuant to any proclamation issued
under section 212(f) of the Immigration and Nationality
Act (8 U.S.C. 1182(f)), consistent with the Secretary
of Homeland Security's authority to refuse visas in
accordance with law.
(e) Assignment of Homeland Security Employees to Diplomatic
and Consular Posts.--
(1) In general.--The Secretary is authorized to
assign employees of the Department to each diplomatic
and consular post at which visas are issued, unless the
Secretary determines that such an assignment at a
particular post would not promote homeland security.
(2) Functions.--Employees assigned under paragraph
(1) shall perform the following functions:
(A) Provide expert advice and training to
consular officers regarding specific security
threats relating to the adjudication of
individual visa applications or classes of
applications.
(B) Review any such applications, either on
the initiative of the employee of the
Department or upon request by a consular
officer or other person charged with
adjudicating such applications.
(C) Conduct investigations with respect to
consular matters under the jurisdiction of the
Secretary.
(3) Evaluation of consular officers.--The Secretary
of State shall evaluate, in consultation with the
Secretary, as deemed appropriate by the Secretary, the
performance of consular officers with respect to the
processing and adjudication of applications for visas
in accordance with performance standards developed by
the Secretary for these procedures.
(4) Report.--The Secretary shall, on an annual basis,
submit a report to Congress that describes the basis
for each determination under paragraph (1) that the
assignment of an employee of the Department at a
particular diplomatic post would not promote homeland
security.
(5) Permanent assignment; participation in terrorist
lookout committee.--When appropriate, employees of the
Department assigned to perform functions described in
paragraph (2) may be assigned permanently to overseas
diplomatic or consular posts with country-specific or
regional responsibility. If the Secretary so directs,
any such employee, when present at an overseas post,
shall participate in the terrorist lookout committee
established under section 304 of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C.
1733).
(6) Training and hiring.--
(A) In general.--The Secretary shall ensure,
to the extent possible, that any employees of
the Department assigned to perform functions
under paragraph (2) and, as appropriate,
consular officers, shall be provided the
necessary training to enable them to carry out
such functions, including training in foreign
languages, interview techniques, and fraud
detection techniques, in conditions in the
particular country where each employee is
assigned, and in other appropriate areas of
study.
(B) Use of center.--The Secretary is
authorized to use the National Foreign Affairs
Training Center, on a reimbursable basis, to
obtain the training described in subparagraph
(A).
[(7) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary
of State shall submit to Congress--
[(A) a report on the implementation of this
subsection; and
[(B) any legislative proposals necessary to
further the objectives of this subsection.
[(8) Effective date.--This subsection shall take
effect on the earlier of--
[(A) the date on which the President
publishes notice in the Federal Register that
the President has submitted a report to
Congress setting forth a memorandum of
understanding between the Secretary and the
Secretary of State governing the implementation
of this section; or
[(B) the date occurring 1 year after the date
of enactment of this Act.]
(f) No Creation of Private Right of Action.--Nothing in this
section shall be construed to create or authorize a private
right of action to challenge a decision of a consular officer
or other United States official or employee to grant or deny a
visa.
[(g) Study Regarding Use of Foreign Nationals.--
[(1) In general.--The Secretary of Homeland Security
shall conduct a study of the role of foreign nationals
in the granting or refusal of visas and other documents
authorizing entry of aliens into the United States. The
study shall address the following:
[(A) The proper role, if any, of foreign
nationals in the process of rendering decisions
on such grants and refusals.
[(B) Any security concerns involving the
employment of foreign nationals.
[(C) Whether there are cost-effective
alternatives to the use of foreign nationals.
[(2) Report.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit a
report containing the findings of the study conducted
under paragraph (1) to the Committee on the Judiciary,
the Committee on International Relations, and the
Committee on Government Reform of the House of
Representatives, and the Committee on the Judiciary,
the Committee on Foreign Relations, and the Committee
on Government Affairs of the Senate.
[(h) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Science
and Technology Policy shall submit to Congress a report on how
the provisions of this section will affect procedures for the
issuance of student visas.]
[(i)] (g) Visa Issuance Program for Saudi Arabia.--
Notwithstanding any other provision of law, after the date of
the enactment of this Act all third party screening programs in
Saudi Arabia shall be terminated. On-site personnel of the
Department of Homeland Security shall review all visa
applications prior to adjudication.
SEC. [429.] 427. INFORMATION ON VISA DENIALS REQUIRED TO BE ENTERED
INTO ELECTRONIC DATA SYSTEM.
(a) In General.--Whenever a consular officer of the United
States denies a visa to an applicant, the consular officer
shall enter the fact and the basis of the denial and the name
of the applicant into the interoperable electronic data system
implemented under section 202(a) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1722(a)).
(b) Prohibition.--In the case of any alien with respect to
whom a visa has been denied under subsection (a)--
(1) no subsequent visa may be issued to the alien
unless the consular officer considering the alien's
visa application has reviewed the information
concerning the alien placed in the interoperable
electronic data system, has indicated on the alien's
application that the information has been reviewed, and
has stated for the record why the visa is being issued
or a waiver of visa ineligibility recommended in spite
of that information; and
(2) the alien may not be admitted to the United
States without a visa issued in accordance with the
procedures described in paragraph (1).
[SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.
[(a) Establishment.--There is established in the Department
an Office for Domestic Preparedness.
[(b) Director.--There shall be a Director of the Office for
Domestic Preparedness, who shall be appointed by the President.
[(c) Responsibilities.--The Office for Domestic Preparedness
shall have the primary responsibility within the executive
branch of Government for the preparedness of the United States
for acts of terrorism, including--
[(1) coordinating preparedness efforts at the Federal
level, and working with all State, local, tribal,
parish, and private sector emergency response providers
on all matters pertaining to combating terrorism,
including training, exercises, and equipment support;
[(2) coordinating or, as appropriate, consolidating
communications and systems of communications relating
to homeland security at all levels of government;
[(3) directing and supervising terrorism preparedness
grant programs of the Federal Government (other than
those programs administered by the Department of Health
and Human Services) for all emergency response
providers;
[(4) incorporating the Strategy priorities into
planning guidance on an agency level for the
preparedness efforts of the Office for Domestic
Preparedness;
[(5) providing agency-specific training for agents
and analysts within the Department, other agencies, and
State and local agencies and international entities;
[(6) as the lead executive branch agency for
preparedness of the United States for acts of
terrorism, cooperating closely with the Federal
Emergency Management Agency, which shall have the
primary responsibility within the executive branch to
prepare for and mitigate the effects of nonterrorist-
related disasters in the United States;
[(7) assisting and supporting the Secretary, in
coordination with other Directorates and entities
outside the Department, in conducting appropriate risk
analysis and risk management activities of State,
local, and tribal governments consistent with the
mission and functions of the Department;
[(8) those elements of the Office of National
Preparedness of the Federal Emergency Management Agency
which relate to terrorism, which shall be consolidated
within the Department in the Office for Domestic
Preparedness established under this section; and
[(9) helping to ensure the acquisition of
interoperable communication technology by State and
local governments and emergency response providers.
[(d) Fiscal Years 2003 and 2004.--During fiscal year 2003 and
fiscal year 2004, the Director of the Office for Domestic
Preparedness established under this section shall manage and
carry out those functions of the Office for Domestic
Preparedness of the Department of Justice (transferred under
this section) before September 11, 2001, under the same terms,
conditions, policies, and authorities, and with the required
level of personnel, assets, and budget before September 11,
2001.
[SEC. 431. OFFICE OF CARGO SECURITY POLICY.
[(a) Establishment.--There is established within the
Department an Office of Cargo Security Policy (referred to in
this section as the ``Office'').
[(b) Purpose.--The Office shall--
[(1) coordinate all Department policies relating to
cargo security; and
[(2) consult with stakeholders and coordinate with
other Federal agencies in the establishment of
standards and regulations and to promote best
practices.
[(c) Director.--
[(1) Appointment.--The Office shall be headed by a
Director, who shall--
[(A) be appointed by the Secretary; and
[(B) report to the Assistant Secretary for
Policy.
[(2) Responsibilities.--The Director shall--
[(A) advise the Assistant Secretary for
Policy in the development of Department-wide
policies regarding cargo security;
[(B) coordinate all policies relating to
cargo security among the agencies and offices
within the Department relating to cargo
security; and
[(C) coordinate the cargo security policies
of the Department with the policies of other
executive agencies.]
SEC. [432.] 428. BORDER ENFORCEMENT SECURITY TASK FORCE.
(a) Establishment.--There is established within the
Department a program to be known as the Border Enforcement
Security Task Force (referred to in this section as ``BEST'').
(b) Purpose.--The purpose of BEST is to establish units to
enhance border security by addressing and reducing border
security threats and violence by--
(1) facilitating collaboration among Federal, State,
local, tribal, and foreign law enforcement agencies to
execute coordinated activities in furtherance of border
security, and homeland security; and
(2) enhancing information-sharing, including the
dissemination of homeland security information among
such agencies.
(c) Composition and Establishment of Units.--
(1) Composition.--BEST units may be comprised of
personnel from--
(A) U.S. Immigration and Customs Enforcement;
(B) U.S. Customs and Border Protection;
(C) the United States Coast Guard;
(D) other Department personnel, as
appropriate
(E) other Federal agencies, as appropriate;
(F) appropriate State law enforcement
agencies;
(G) foreign law enforcement agencies, as
appropriate;
(H) local law enforcement agencies from
affected border cities and communities; and
(I) appropriate tribal law enforcement
agencies.
(2) Establishment of units.--The Secretary is
authorized to establish BEST units in jurisdictions in
which such units can contribute to BEST missions, as
appropriate. Before establishing a BEST unit, the
Secretary shall consider--
(A) whether the area in which the BEST unit
would be established is significantly impacted
by cross-border threats;
(B) the availability of Federal, State,
local, tribal, and foreign law enforcement
resources to participate in the BEST unit;
(C) the extent to which border security
threats are having a significant harmful impact
in the jurisdiction in which the BEST unit is
to be established, and other jurisdictions in
the country; and
(D) whether or not an Integrated Border
Enforcement Team already exists in the area in
which the BEST unit would be established.
(3) Duplication of efforts.--In determining whether
to establish a new BEST unit or to expand an existing
BEST unit in a given jurisdiction, the Secretary shall
ensure that the BEST unit under consideration does not
duplicate the efforts of other existing interagency
task forces or centers within that jurisdiction.
(d) Operation.--After determining the jurisdictions in which
to establish BEST units under subsection (c)(2), and in order
to provide Federal assistance to such jurisdictions, the
Secretary may--
(1) direct the assignment of Federal personnel to
BEST, subject to the approval of the head of the
department or agency that employs such personnel; and
(2) take other actions to assist Federal, State,
local, and tribal entities to participate in BEST,
including providing financial assistance, as
appropriate, for operational, administrative, and
technological costs associated with the participation
of Federal, State, local, and tribal law enforcement
agencies in BEST.
(e) Report.--Not later than 180 days after the date on which
BEST is established under this section, and annually thereafter
for the following 5 years, the Secretary shall submit a report
to Congress that describes the effectiveness of BEST in
enhancing border security and reducing the drug trafficking,
arms smuggling, illegal alien trafficking and smuggling,
violence, and kidnapping along and across the international
borders of the United States, as measured by crime statistics,
including violent deaths, incidents of violence, and drug-
related arrests.
SEC. [433.] 429. PREVENTION OF INTERNATIONAL CHILD ABDUCTION.
(a) Program Established.--The Secretary, through the
Commissioner of U.S. Customs and Border Protection (referred to
in this section as ``CBP''), in coordination with the Secretary
of State, the Attorney General, and the Director of the Federal
Bureau of Investigation, shall establish a program that--
(1) seeks to prevent a child (as defined in section
1204(b)(1) of title 18, United States Code) from
departing from the territory of the United States if a
parent or legal guardian of such child presents a court
order from a court of competent jurisdiction
prohibiting the removal of such child from the United
States to a CBP Officer in sufficient time to prevent
such departure for the duration of such court order;
and
(2) leverages other existing authorities and
processes to address the wrongful removal and return of
a child.
(b) Interagency Coordination.--
(1) In general.--The Secretary of State shall convene
and chair an interagency working group to prevent
international parental child abduction. The group shall
be composed of presidentially appointed, Senate
confirmed officials from--
(A) the Department of State;
(B) the Department of Homeland Security,
including U.S. Customs and Border Protection
and U.S. Immigration and Customs Enforcement;
and
(C) the Department of Justice, including the
Federal Bureau of Investigation.
(2) Department of defense.--The Secretary of Defense
shall designate an official within the Department of
Defense--
(A) to coordinate with the Department of
State on international child abduction issues;
and
(B) to oversee activities designed to prevent
or resolve international child abduction cases
relating to active duty military service
members.
* * * * * * *
Subtitle D--[Immigration Enforcement Functions] U.S. Immigration and
Customs Enforcement
[SEC. 441. TRANSFER OF FUNCTIONS.
[In accordance with title XV (relating to transition
provisions), there shall be transferred from the Commissioner
of Immigration and Naturalization to the Secretary all
functions performed under the following programs, and all
personnel, assets, and liabilities pertaining to such programs,
immediately before such transfer occurs:
[(1) The Border Patrol program.
[(2) The detention and removal program.
[(3) The intelligence program.
[(4) The investigations program.
[(5) The inspections program.]
SEC. [442.] 441. ESTABLISHMENT OF [BUREAU OF BORDER SECURITY] U.S.
IMMIGRATION AND CUSTOMS ENFORCEMENT.
(a) Establishment [of Bureau].--
(1) In general.--There shall be in the Department of
Homeland Security [a bureau to be known as the ``Bureau
of Border Security''] U.S. Immigration and Customs
Enforcement.
(2) Assistant secretary.--The head of [the Bureau of
Border Security] U.S. Immigration and Customs
Enforcement shall be the [Assistant Secretary] Director
of [the Bureau of Border Security] U.S. Immigration and
Customs Enforcement, who--
(A) shall report directly to the [Under
Secretary for Border and Transportation
Security] Secretary; and
(B) shall have a minimum of 5 years
professional experience in law enforcement, and
a minimum of 5 years of management experience.
(3) Functions.--The [Assistant Secretary] Director of
[the Bureau of Border Security] U.S. Immigration and
Customs Enforcement--
(A) shall establish the policies for
performing such functions as are--
(i) transferred to the [Under
Secretary for Border and Transportation
Security] Secretary by section 441 and
delegated to the [Assistant Secretary]
Director by the [Under Secretary for
Border and Transportation Security]
Secretary; or
(ii) otherwise vested in the
[Assistant Secretary] Director by law;
(B) shall oversee the administration of such
policies; and
(C) shall advise the [Under Secretary for
Border and Transportation Security] Secretary
with respect to any policy or operation of [the
Bureau of Border Security] U.S. Immigration and
Customs Enforcement that may affect [the Bureau
of Citizenship and Immigration Services] United
States Citizenship and Immigration Services
established under subtitle E, including
potentially conflicting policies or operations.
(4) Program to collect information relating to
foreign students.--The [Assistant Secretary] Director
of [the Bureau of Border Security] U.S. Immigration and
Customs Enforcement shall be responsible for
administering the program to collect information
relating to nonimmigrant foreign students and other
exchange program participants described in section 641
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), including
the Student and Exchange Visitor Information System
established under that section, and shall use such
information to carry out the enforcement functions of
the Bureau.
[(5) Managerial rotation program.--
[(A) In general.--Not later than 1 year after
the date on which the transfer of functions
specified under section 441 takes effect, the
Assistant Secretary of the Bureau of Border
Security shall design and implement a
managerial rotation program under which
employees of such bureau holding positions
involving supervisory or managerial
responsibility and classified, in accordance
with chapter 51 of title 5, United States Code,
as a GS-14 or above, shall--
[(i) gain some experience in all the
major functions performed by such
bureau; and
[(ii) work in at least one local
office of such bureau.
[(B) Report.--Not later than 2 years after
the date on which the transfer of functions
specified under section 441 takes effect, the
Secretary shall submit a report to the Congress
on the implementation of such program.]
(5) Managerial rotation program.--The Director of
U.S. Immigration and Customs Enforcement shall
implement a managerial rotation program under which
employees of U.S. Immigration and Customs Enforcement
holding positions involving supervisory or managerial
responsibility and classified, in accordance with
chapter 51 of title 5, United States Code, as a GS-14
or above, shall--
(A) gain experience in all the major
functions performed by U.S. Immigration and
Customs Enforcement; and
(B) work in at least one local office of U.S.
Immigration and Customs Enforcement.
(b) Chief of Policy and Strategy.--
(1) In general.--There shall be a position of Chief
of Policy and Strategy for [the Bureau of Border
Security] U.S. Immigration and Customs Enforcement.
(2) Functions.--In consultation with Bureau of Border
Security personnel in local offices, the Chief of
Policy and Strategy shall be responsible for--
(A) making policy recommendations and
performing policy research and analysis on
immigration enforcement issues; and
(B) coordinating immigration policy issues
with the Chief of Policy and Strategy for [the
Bureau of Citizenship and Immigration Services]
United States Citizenship and Immigration
Services (established under subtitle E), as
appropriate.
(c) Legal Advisor.--There shall be a principal legal advisor
to the [Assistant Secretary] Director of [the Bureau of Border
Security] U.S. Immigration and Customs Enforcement. The legal
advisor shall provide specialized legal advice to the
[Assistant Secretary] Director of [the Bureau of Border
Security] U.S. Immigration and Customs Enforcement and shall
represent the bureau in all exclusion, deportation, and removal
proceedings before the Executive Office for Immigration Review.
SEC. [443.] 442. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.
The Secretary shall be responsible for--
(1) conducting investigations of noncriminal
allegations of misconduct, corruption, and fraud
involving any employee of U.S. Immigration and Customs
Enforcement that are not subject to investigation by
the Inspector General for the Department;
(2) inspecting the operations of U.S. Immigration and
Customs Enforcement and providing assessments of the
quality of the operations of such bureau as a whole and
each of its components; and
(3) providing an analysis of the management of U.S.
Immigration and Customs Enforcement.
SEC. [444.] 443. EMPLOYEE DISCIPLINE.
Notwithstanding any other provision of law, the Secretary may
impose disciplinary action on any employee of U.S. Immigration
and Customs Enforcement and U.S. Customs and Border Protection
who willfully deceives Congress or agency leadership on any
matter.
[SEC. 445. REPORT ON IMPROVING ENFORCEMENT FUNCTIONS.
[(a) In General.--The Secretary, not later than 1 year after
being sworn into office, shall submit to the Committees on
Appropriations and the Judiciary of the House of
Representatives and of the Senate a report with a plan
detailing how the Bureau of Border Security, after the transfer
of functions specified under section 441 takes effect, will
enforce comprehensively, effectively, and fairly all the
enforcement provisions of the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.) relating to such functions.
[(b) Consultation.--In carrying out subsection (a), the
Secretary of Homeland Security shall consult with the Attorney
General, the Secretary of State, the Director of the Federal
Bureau of Investigation, the Secretary of the Treasury, the
Secretary of Labor, the Commissioner of Social Security, the
Director of the Executive Office for Immigration Review, and
the heads of State and local law enforcement agencies to
determine how to most effectively conduct enforcement
operations.
[SEC. 446. SENSE OF CONGRESS REGARDING CONSTRUCTION OF FENCING NEAR SAN
DIEGO, CALIFORNIA.
[It is the sense of the Congress that completing the 14-mile
border fence project required to be carried out under section
102(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) should be a
priority for the Secretary.]
Subtitle E--United States Citizenship and Immigration Services
SEC. 451. ESTABLISHMENT OF [BUREAU OF] UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES.
(a) Establishment [of Bureau].--
(1) In general.--There shall be in the Department [a
bureau to be known as the ``Bureau of Citizenship and
Immigration Services''] the United States Citizenship
and Immigration Services.
(2) Director.--The head of [the Bureau of Citizenship
and Immigration Services] United States Citizenship and
Immigration Services shall be the Director of [the
Bureau of Citizenship and Immigration Services] United
States Citizenship and Immigration Services, who--
(A) shall report directly to the Deputy
Secretary;
(B) shall have a minimum of 5 years of
management experience; and
(C) shall be paid at the same level as the
[Assistant Secretary] Director of [the Bureau
of Border Security] U.S. Immigration and
Customs Enforcement.
(3) Functions.--The Director of [the Bureau of
Citizenship and Immigration Services] United States
Citizenship and Immigration Services--
(A) shall establish the policies for
performing such functions as are transferred to
the Director by this section or this Act or
otherwise vested in the Director by law;
(B) shall oversee the administration of such
policies;
(C) shall advise the Deputy Secretary with
respect to any policy or operation of [the
Bureau of Citizenship and Immigration Services]
United States Citizenship and Immigration
Services that may affect [the Bureau of Border
Security] U.S. Immigration and Customs
Enforcement of the Department, including
potentially conflicting policies or operations;
(D) shall establish national immigration
services policies and priorities;
(E) shall meet regularly with the Ombudsman
described in section 452 to correct serious
service problems identified by the Ombudsman;
and
(F) shall establish procedures requiring a
formal response to any recommendations
submitted in the Ombudsman's annual report to
Congress within 3 months after its submission
to Congress.
[(4) Managerial rotation program.--
[(A) In general.--Not later than 1 year after
the effective date specified in section 455,
the Director of the Bureau of Citizenship and
Immigration Services shall design and implement
a managerial rotation program under which
employees of such bureau holding positions
involving supervisory or managerial
responsibility and classified, in accordance
with chapter 51 of title 5, United States Code,
as a GS-14 or above, shall--
[(i) gain some experience in all the
major functions performed by such
bureau; and
[(ii) work in at least one field
office and one service center of such
bureau.
[(B) Report.--Not later than 2 years after
the effective date specified in section 455,
the Secretary shall submit a report to Congress
on the implementation of such program.]
(4) Managerial rotation program.--The Director of
United States Citizenship and Immigration Services
shall implement a managerial rotation program under
which employees of United States Citizenship and
Immigration Services holding positions involving
supervisory or managerial responsibility and
classified, in accordance with chapter 51 of title 5,
United States Code, as a GS-14 or above, shall--
(A) gain experience in all the major
functions performed by United States
Citizenship and Immigration Services; and
(B) work in at least one field office and one
service center of United States Citizenship and
Immigration Services.
(5) Pilot initiatives for backlog elimination.--The
Director of [the Bureau of Citizenship and Immigration
Services] United States Citizenship and Immigration
Services is authorized to implement innovative pilot
initiatives to eliminate any remaining backlog in the
processing of immigration benefit applications, and to
prevent any backlog in the processing of such
applications from recurring, in accordance with section
204(a) of the Immigration Services and Infrastructure
Improvements Act of 2000 (8 U.S.C. 1573(a)). Such
initiatives may include measures such as increasing
personnel, transferring personnel to focus on areas
with the largest potential for backlog, and
streamlining paperwork.
(b) Transfer of Functions From Commissioner.--In accordance
with title XV (relating to transition provisions), there are
transferred from the Commissioner of Immigration and
Naturalization to the Director of [the Bureau of Citizenship
and Immigration Services] United States Citizenship and
Immigration Services the following functions, and all
personnel, infrastructure, and funding provided to the
Commissioner in support of such functions immediately before
the effective date specified in section 455:
(1) Adjudications of immigrant visa petitions.
(2) Adjudications of naturalization petitions.
(3) Adjudications of asylum and refugee applications.
(4) Adjudications performed at service centers.
(5) All other adjudications performed by the
Immigration and Naturalization Service immediately
before the effective date specified in section 455.
(c) Chief of Policy and Strategy.--
(1) In general.--There shall be a position of Chief
of Policy and Strategy for [the Bureau of Citizenship
and Immigration Services] United States Citizenship and
Immigration Services.
(2) Functions.--In consultation with [Bureau of
Citizenship and Immigration Services] United States
Citizenship and Immigration Services personnel in field
offices, the Chief of Policy and Strategy shall be
responsible for--
(A) making policy recommendations and
performing policy research and analysis on
immigration services issues; and
(B) coordinating immigration policy issues
with the Chief of Policy and Strategy for [the
Bureau of Border Security] U.S. Immigration and
Customs Enforcement of the Department.
(d) Legal Advisor.--
(1) In general.--There shall be a principal legal
advisor to the Director of [the Bureau of Citizenship
and Immigration Services] United States Citizenship and
Immigration Services.
(2) Functions.--The legal advisor shall be
responsible for--
(A) providing specialized legal advice,
opinions, determinations, regulations, and any
other assistance to the Director of [the Bureau
of Citizenship and Immigration Services] United
States Citizenship and Immigration Services
with respect to legal matters affecting [the
Bureau of Citizenship and Immigration Services]
United States Citizenship and Immigration
Services; and
(B) representing [the Bureau of Citizenship
and Immigration Services] United States
Citizenship and Immigration Services in visa
petition appeal proceedings before the
Executive Office for Immigration Review.
(e) Budget Officer.--
(1) In general.--There shall be a Budget Officer for
[the Bureau of Citizenship and Immigration Services]
United States Citizenship and Immigration Services.
(2) Functions.--
(A) In general.--The Budget Officer shall be
responsible for--
(i) formulating and executing the
budget of [the Bureau of Citizenship
and Immigration Services] United States
Citizenship and Immigration Services;
(ii) financial management of [the
Bureau of Citizenship and Immigration
Services] United States Citizenship and
Immigration Services; and
(iii) collecting all payments, fines,
and other debts for [the Bureau of
Citizenship and Immigration Services]
United States Citizenship and
Immigration Services.
(f) Chief of Office of Citizenship.--
(1) In general.--There shall be a position of Chief
of the Office of Citizenship for [the Bureau of
Citizenship and Immigration Services] United States
Citizenship and Immigration Services.
(2) Functions.--The Chief of the Office of
Citizenship for [the Bureau of Citizenship and
Immigration Services] United States Citizenship and
Immigration Services shall be responsible for promoting
instruction and training on citizenship
responsibilities for aliens interested in becoming
naturalized citizens of the United States, including
the development of educational materials.
SEC. 452. CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN.
(a) In General.--Within the Department, there shall be a
position of Citizenship and Immigration Services Ombudsman (in
this section referred to as the ``Ombudsman''). The Ombudsman
shall report directly to the Deputy Secretary. The Ombudsman
shall have a background in customer service as well as
immigration law.
(b) Functions.--It shall be the function of the Ombudsman--
(1) to assist individuals and employers in resolving
problems with [the Bureau of] United States Citizenship
and Immigration Services;
(2) to identify areas in which individuals and
employers have problems in dealing with [the Bureau of]
United States Citizenship and Immigration Services; and
(3) to the extent possible, to propose changes in the
administrative practices of [the Bureau of] United
States Citizenship and Immigration Services to mitigate
problems identified under paragraph (2).
(c) Annual Reports.--
(1) Objectives.--Not later than June 30 of each
calendar year, the Ombudsman shall report to the
Committee on the Judiciary of the House of
Representatives and the Senate on the objectives of the
Office of the Ombudsman for the fiscal year beginning
in such calendar year. Any such report shall contain
full and substantive analysis, in addition to
statistical information, and--
(A) shall identify the recommendations the
Office of the Ombudsman has made on improving
services and responsiveness of [the Bureau of]
United States Citizenship and Immigration
Services;
(B) shall contain a summary of the most
pervasive and serious problems encountered by
individuals and employers, including a
description of the nature of such problems;
(C) shall contain an inventory of the items
described in subparagraphs (A) and (B) for
which action has been taken and the result of
such action;
(D) shall contain an inventory of the items
described in subparagraphs (A) and (B) for
which action remains to be completed and the
period during which each item has remained on
such inventory;
(E) shall contain an inventory of the items
described in subparagraphs (A) and (B) for
which no action has been taken, the period
during which each item has remained on such
inventory, the reasons for the inaction, and
shall identify any official of [the Bureau of]
United States Citizenship and Immigration
Services who is responsible for such inaction;
(F) shall contain recommendations for such
administrative action as may be appropriate to
resolve problems encountered by individuals and
employers, including problems created by
excessive backlogs in the adjudication and
processing of immigration benefit petitions and
applications; and
(G) shall include such other information as
the Ombudsman may deem advisable.
(2) Report to be submitted directly.--Each report
required under this subsection shall be provided
directly to the committees described in paragraph (1)
without any prior comment or amendment from the
Secretary, Deputy Secretary, Director of [the Bureau
of] United States Citizenship and Immigration Services,
or any other officer or employee of the Department or
the Office of Management and Budget.
(d) Other Responsibilities.--The Ombudsman--
(1) shall monitor the coverage and geographic
allocation of local offices of the Ombudsman;
(2) shall develop guidance to be distributed to all
officers and employees of [the Bureau of] United States
Citizenship and Immigration Services outlining the
criteria for referral of inquiries to local offices of
the Ombudsman;
(3) shall ensure that the local telephone number for
each local office of the Ombudsman is published and
available to individuals and employers served by the
office; and
(4) shall meet regularly with the Director of [the
Bureau of] United States Citizenship and Immigration
Services to identify serious service problems and to
present recommendations for such administrative action
as may be appropriate to resolve problems encountered
by individuals and employers.
(e) Personnel Actions.--
(1) In general.--The Ombudsman shall have the
responsibility and authority--
(A) to appoint local ombudsmen and make
available at least 1 such ombudsman for each
State; and
(B) to evaluate and take personnel actions
(including dismissal) with respect to any
employee of any local office of the Ombudsman.
(2) Consultation.--The Ombudsman may consult with the
appropriate supervisory personnel of [the Bureau of]
United States Citizenship and Immigration Services in
carrying out the Ombudsman's responsibilities under
this subsection.
(f) Responsibilities of [Bureau of] United States Citizenship
and Immigration Services.--The Director of [the Bureau of]
United States Citizenship and Immigration Services shall
establish procedures requiring a formal response to all
recommendations submitted to such director by the Ombudsman
within 3 months after submission to such director.
(g) Operation of Local Offices.--
(1) In general.--Each local ombudsman--
(A) shall report to the Ombudsman or the
delegate thereof;
(B) may consult with the appropriate
supervisory personnel of [the Bureau of] United
States Citizenship and Immigration Services
regarding the daily operation of the local
office of such ombudsman;
(C) shall, at the initial meeting with any
individual or employer seeking the assistance
of such local office, notify such individual or
employer that the local offices of the
Ombudsman operate independently of any other
component of the Department and report directly
to Congress through the Ombudsman; and
(D) at the local ombudsman's discretion, may
determine not to disclose to [the Bureau of]
United States Citizenship and Immigration
Services contact with, or information provided
by, such individual or employer.
(2) Maintenance of independent communications.--Each
local office of the Ombudsman shall maintain a phone,
facsimile, and other means of electronic communication
access, and a post office address, that is separate
from those maintained by [the Bureau of] United States
Citizenship and Immigration Services, or any component
of [the Bureau of] United States Citizenship and
Immigration Services.
SEC. 453. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.
(a) In General.--The Director of [the Bureau of] United
States Citizenship and Immigration Services shall be
responsible for--
(1) conducting investigations of noncriminal
allegations of misconduct, corruption, and fraud
involving any employee of [the Bureau of] United States
Citizenship and Immigration Services that are not
subject to investigation by the Inspector General for
the Department;
(2) inspecting the operations of [the Bureau of]
United States Citizenship and Immigration Services and
providing assessments of the quality of the operations
of [such bureau] United States Citizenship and
Immigration Services as a whole and each of its
components; and
(3) providing an analysis of the management of [the
Bureau of] United States Citizenship and Immigration
Services.
(b) Special Considerations.--In providing assessments in
accordance with subsection (a)(2) with respect to a decision of
[the Bureau of] United States Citizenship and Immigration
Services, or any of its components, consideration shall be
given to--
(1) the accuracy of the findings of fact and
conclusions of law used in rendering the decision;
(2) any fraud or misrepresentation associated with
the decision; and
(3) the efficiency with which the decision was
rendered.
SEC. 454. EMPLOYEE DISCIPLINE.
The Director of [the Bureau of] United States Citizenship and
Immigration Services may, notwithstanding any other provision
of law, impose disciplinary action, including termination of
employment, [pursuant to policies and procedures applicable to
employees of the Federal Bureau of Investigation,] on any
employee of [the Bureau of] United States Citizenship and
Immigration Services who willfully deceives Congress or agency
leadership on any matter.
[SEC. 455. EFFECTIVE DATE.
[Notwithstanding section 4, sections 451 through 456, and the
amendments made by such sections, shall take effect on the date
on which the transfer of functions specified under section 441
takes effect.
[SEC. 456. TRANSITION.
[(a) References.--With respect to any function transferred by
this subtitle to, and exercised on or after the effective date
specified in section 455 by, the Director of the Bureau of
Citizenship and Immigration Services, any reference in any
other Federal law, Executive order, rule, regulation, or
delegation of authority, or any document of or pertaining to a
component of government from which such function is
transferred--
[(1) to the head of such component is deemed to refer
to the Director of the Bureau of Citizenship and
Immigration Services; or
[(2) to such component is deemed to refer to the
Bureau of Citizenship and Immigration Services.
[(b) Other Transition Issues.--
[(1) Exercise of authorities.--Except as otherwise
provided by law, a Federal official to whom a function
is transferred by this subtitle may, for purposes of
performing the function, exercise all authorities under
any other provision of law that were available with
respect to the performance of that function to the
official responsible for the performance of the
function immediately before the effective date
specified in section 455.
[(2) Transfer and allocation of appropriations and
personnel.--The personnel of the Department of Justice
employed in connection with the functions transferred
by this subtitle (and functions that the Secretary
determines are properly related to the functions of the
Bureau of Citizenship and Immigration Services), and
the assets, liabilities, contracts, property, records,
and unexpended balance of appropriations,
authorizations, allocations, and other funds employed,
held, used, arising from, available to, or to be made
available to, the Immigration and Naturalization
Service in connection with the functions transferred by
this subtitle, subject to section 202 of the Budget and
Accounting Procedures Act of 1950, shall be transferred
to the Director of the Bureau of Citizenship and
Immigration Services for allocation to the appropriate
component of the Department. Unexpended funds
transferred pursuant to this paragraph shall be used
only for the purposes for which the funds were
originally authorized and appropriated. The Secretary
shall have the right to adjust or realign transfers of
funds and personnel effected pursuant to this subtitle
for a period of 2 years after the effective date
specified in section 455.
* * * * * * *
[SEC. 459. REPORT ON IMPROVING IMMIGRATION SERVICES.
[(a) In General.--The Secretary, not later than 1 year after
the effective date of this Act, shall submit to the Committees
on the Judiciary and Appropriations of the House of
Representatives and of the Senate a report with a plan
detailing how the Bureau of Citizenship and Immigration
Services, after the transfer of functions specified in this
subtitle takes effect, will complete efficiently, fairly, and
within a reasonable time, the adjudications described in
paragraphs (1) through (5) of section 451(b).
[(b) Contents.--For each type of adjudication to be
undertaken by the Director of the Bureau of Citizenship and
Immigration Services, the report shall include the following:
[(1) Any potential savings of resources that may be
implemented without affecting the quality of the
adjudication.
[(2) The goal for processing time with respect to the
application.
[(3) Any statutory modifications with respect to the
adjudication that the Secretary considers advisable.
[(c) Consultation.--In carrying out subsection (a), the
Secretary shall consult with the Secretary of State, the
Secretary of Labor, the Assistant Secretary of the Bureau of
Border Security of the Department, and the Director of the
Executive Office for Immigration Review to determine how to
streamline and improve the process for applying for and making
adjudications described in section 451(b) and related
processes.
[SEC. 460. REPORT ON RESPONDING TO FLUCTUATING NEEDS.
[Not later than 30 days after the date of the enactment of
this Act, the Attorney General shall submit to Congress a
report on changes in law, including changes in authorizations
of appropriations and in appropriations, that are needed to
permit the Immigration and Naturalization Service, and, after
the transfer of functions specified in this subtitle takes
effect, the Bureau of Citizenship and Immigration Services of
the Department, to ensure a prompt and timely response to
emergent, unforeseen, or impending changes in the number of
applications for immigration benefits, and otherwise to ensure
the accommodation of changing immigration service needs.
[SEC. 461. APPLICATION OF INTERNET-BASED TECHNOLOGIES.
[(a) Establishment of Tracking System.--The Secretary, not
later than 1 year after the effective date of this Act, in
consultation with the Technology Advisory Committee established
under subsection (c), shall establish an Internet-based system,
that will permit a person, employer, immigrant, or nonimmigrant
who has filings with the Secretary for any benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), access
to online information about the processing status of the filing
involved.
[(b) Feasibility Study for Online Filing and Improved
Processing.--
[(1) Online filing.--The Secretary, in consultation
with the Technology Advisory Committee established
under subsection (c), shall conduct a feasibility study
on the online filing of the filings described in
subsection (a). The study shall include a review of
computerization and technology of the Immigration and
Naturalization Service relating to the immigration
services and processing of filings related to immigrant
services. The study shall also include an estimate of
the timeframe and cost and shall consider other factors
in implementing such a filing system, including the
feasibility of fee payment online.
[(2) Report.--A report on the study under this
subsection shall be submitted to the Committees on the
Judiciary of the House of Representatives and the
Senate not later than 1 year after the effective date
of this Act.
[(c) Technology Advisory Committee.--
[(1) Establishment.--The Secretary shall establish,
not later than 60 days after the effective date of this
Act, an advisory committee (in this section referred to
as the ``Technology Advisory Committee'') to assist the
Secretary in--
[(A) establishing the tracking system under
subsection (a); and
[(B) conducting the study under subsection
(b).
The Technology Advisory Committee shall be established
after consultation with the Committees on the Judiciary
of the House of Representatives and the Senate.
[(2) Composition.--The Technology Advisory Committee
shall be composed of representatives from high
technology companies capable of establishing and
implementing the system in an expeditious manner, and
representatives of persons who may use the tracking
system described in subsection (a) and the online
filing system described in subsection (b)(1).]
SEC. [462.] 455. CHILDREN'S AFFAIRS.
(a) Transfer of Functions.--There are transferred to the
Director of the Office of Refugee Resettlement of the
Department of Health and Human Services functions under the
immigration laws of the United States with respect to the care
of unaccompanied alien children that were vested by statute in,
or performed by, the Commissioner of Immigration and
Naturalization (or any officer, employee, or component of the
Immigration and Naturalization Service) immediately before the
effective date specified in subsection (d).
(b) Functions.--
(1) In general.--Pursuant to the transfer made by
subsection (a), the Director of the Office of Refugee
Resettlement shall be responsible for--
(A) coordinating and implementing the care
and placement of unaccompanied alien children
who are in Federal custody by reason of their
immigration status, including developing a plan
to be submitted to Congress on how to ensure
that qualified and independent legal counsel is
timely appointed to represent the interests of
each such child, consistent with the law
regarding appointment of counsel that is in
effect on the date of the enactment of this
Act;
(B) ensuring that the interests of the child
are considered in decisions and actions
relating to the care and custody of an
unaccompanied alien child;
(C) making placement determinations for all
unaccompanied alien children who are in Federal
custody by reason of their immigration status;
(D) implementing the placement
determinations;
(E) implementing policies with respect to the
care and placement of unaccompanied alien
children;
(F) identifying a sufficient number of
qualified individuals, entities, and facilities
to house unaccompanied alien children;
(G) overseeing the infrastructure and
personnel of facilities in which unaccompanied
alien children reside;
(H) reuniting unaccompanied alien children
with a parent abroad in appropriate cases;
(I) compiling, updating, and publishing at
least annually a state-by-state list of
professionals or other entities qualified to
provide guardian and attorney representation
services for unaccompanied alien children;
(J) maintaining statistical information and
other data on unaccompanied alien children for
whose care and placement the Director is
responsible, which shall include--
(i) biographical information, such as
a child's name, gender, date of birth,
country of birth, and country of
habitual residence;
(ii) the date on which the child came
into Federal custody by reason of his
or her immigration status;
(iii) information relating to the
child's placement, removal, or release
from each facility in which the child
has resided;
(iv) in any case in which the child
is placed in detention or released, an
explanation relating to the detention
or release; and
(v) the disposition of any actions in
which the child is the subject;
(K) collecting and compiling statistical
information from the Department of Justice, the
Department of Homeland Security, and the
Department of State on each department's
actions relating to unaccompanied alien
children; and
(L) conducting investigations and inspections
of facilities and other entities in which
unaccompanied alien children reside, including
regular follow-up visits to such facilities,
placements, and other entities, to assess the
continued suitability of such placements.
(2) Coordination with other entities; no release on
own recognizance.--In making determinations described
in paragraph (1)(C), the Director of the Office of
Refugee Resettlement--
(A) shall consult with appropriate juvenile
justice professionals, the Director of [the
Bureau of Citizenship and Immigration Services]
United States Citizenship and Immigration
Services, and the [Assistant Secretary of the
Bureau of Border Security] Director of U.S.
Immigration and Customs Enforcement to ensure
that such determinations ensure that
unaccompanied alien children described in such
subparagraph--
(i) are likely to appear for all
hearings or proceedings in which they
are involved;
(ii) are protected from smugglers,
traffickers, or others who might seek
to victimize or otherwise engage them
in criminal, harmful, or exploitive
activity; and
(iii) are placed in a setting in
which they are not likely to pose a
danger to themselves or others; and
(B) shall not release such children upon
their own recognizance.
(3) Duties with respect to foster care.--In carrying
out the duties described in paragraph (1), the Director
of the Office of Refugee Resettlement is encouraged to
use the refugee children foster care system established
pursuant to section 412(d) of the Immigration and
Nationality Act (8 U.S.C. 1522(d)) for the placement of
unaccompanied alien children.
(4) Rule of construction.--Nothing in paragraph
(2)(B) may be construed to require that a bond be
posted for an unaccompanied alien child who is released
to a qualified sponsor.
(c) Rule of Construction.--Nothing in this section may be
construed to transfer the responsibility for adjudicating
benefit determinations under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) from the authority of any official
of the Department of Justice, the Department of Homeland
Security, or the Department of State.
(d) Effective Date.--Notwithstanding section 4, this section
shall take effect on the date on which the transfer of
functions specified under section 441 takes effect.
(e) References.--With respect to any function transferred by
this section, any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any
document of or pertaining to a component of government from
which such function is transferred--
(1) to the head of such component is deemed to refer
to the Director of the Office of Refugee Resettlement;
or
(2) to such component is deemed to refer to the
Office of Refugee Resettlement of the Department of
Health and Human Services.
(f) Other Transition Issues.--
(1) Exercise of authorities.--Except as otherwise
provided by law, a Federal official to whom a function
is transferred by this section may, for purposes of
performing the function, exercise all authorities under
any other provision of law that were available with
respect to the performance of that function to the
official responsible for the performance of the
function immediately before the effective date
specified in subsection (d).
(2) Savings provisions.--Subsections (a), (b), and
(c) of section 1512 shall apply to a transfer of
functions under this section in the same manner as such
provisions apply to a transfer of functions under this
Act to the Department of Homeland Security.
(3) Transfer and allocation of appropriations and
personnel.--The personnel of the Department of Justice
employed in connection with the functions transferred
by this section, and the assets, liabilities,
contracts, property, records, and unexpended balance of
appropriations, authorizations, allocations, and other
funds employed, held, used, arising from, available to,
or to be made available to, the Immigration and
Naturalization Service in connection with the functions
transferred by this section, subject to section 202 of
the Budget and Accounting Procedures Act of 1950, shall
be transferred to the Director of the Office of Refugee
Resettlement for allocation to the appropriate
component of the Department of Health and Human
Services. Unexpended funds transferred pursuant to this
paragraph shall be used only for the purposes for which
the funds were originally authorized and appropriated.
(g) Definitions.--As used in this section--
(1) the term ``placement'' means the placement of an
unaccompanied alien child in either a detention
facility or an alternative to such a facility; and
(2) the term ``unaccompanied alien child'' means a
child who--
(A) has no lawful immigration status in the
United States;
(B) has not attained 18 years of age; and
(C) with respect to whom--
(i) there is no parent or legal
guardian in the United States; or
(ii) no parent or legal guardian in
the United States is available to
provide care and physical custody.
Subtitle F--General Immigration Provisions
SEC. 471. [ABOLISHMENT OF INS.] REORGANIZATION AND PROHIBITION.
[(a) In General.--Upon completion of all transfers from the
Immigration and Naturalization Service as provided for by this
Act, the Immigration and Naturalization Service of the
Department of Justice is abolished.
[(b) Prohibition.--]The authority provided by section 1502
may be used to reorganize functions or organizational units
within the [Bureau of Border Security or the Bureau of] U.S.
Immigration and Customs Enforcement and United States
Citizenship and Immigration Services, but may not be used to
recombine the [two bureaus] two components into a single agency
or otherwise to combine, join, or consolidate functions or
organizational units of the [two bureaus] two components with
each other.
[SEC. 472. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
[(a) Definitions.--For purposes of this section--
[(1) the term ``employee'' means an employee (as
defined by section 2105 of title 5, United States Code)
who--
[(A) has completed at least 3 years of
current continuous service with 1 or more
covered entities; and
[(B) is serving under an appointment without
time limitation,
but does not include any person under subparagraphs
(A)-(G) of section 663(a)(2) of Public Law 104-208 (5
U.S.C. 5597 note);
[(2) the term ``covered entity'' means--
[(A) the Immigration and Naturalization
Service;
[(B) the Bureau of Border Security of the
Department of Homeland Security; and
[(C) the Bureau of Citizenship and
Immigration Services of the Department of
Homeland Security; and
[(3) the term ``transfer date'' means the date on
which the transfer of functions specified under section
441 takes effect.
[(b) Strategic Restructuring Plan.--Before the Attorney
General or the Secretary obligates any resources for voluntary
separation incentive payments under this section, such official
shall submit to the appropriate committees of Congress a
strategic restructuring plan, which shall include--
[(1) an organizational chart depicting the covered
entities after their restructuring pursuant to this
Act;
[(2) a summary description of how the authority under
this section will be used to help carry out that
restructuring; and
[(3) the information specified in section 663(b)(2)
of Public Law 104-208 (5 U.S.C. 5597 note).
As used in the preceding sentence, the ``appropriate committees
of Congress'' are the Committees on Appropriations, Government
Reform, and the Judiciary of the House of Representatives, and
the Committees on Appropriations, Governmental Affairs, and the
Judiciary of the Senate.
[(c) Authority.--The Attorney General and the Secretary may,
to the extent necessary to help carry out their respective
strategic restructuring plan described in subsection (b), make
voluntary separation incentive payments to employees. Any such
payment--
[(1) shall be paid to the employee, in a lump sum,
after the employee has separated from service;
[(2) shall be paid from appropriations or funds
available for the payment of basic pay of the employee;
[(3) shall be equal to the lesser of--
[(A) the amount the employee would be
entitled to receive under section 5595(c) of
title 5, United States Code; or
[(B) an amount not to exceed $25,000, as
determined by the Attorney General or the
Secretary;
[(4) may not be made except in the case of any
qualifying employee who voluntarily separates (whether
by retirement or resignation) before the end of--
[(A) the 3-month period beginning on the date
on which such payment is offered or made
available to such employee; or
[(B) the 3-year period beginning on the date
of the enactment of this Act,
whichever occurs first;
[(5) shall not be a basis for payment, and shall not
be included in the computation, of any other type of
Government benefit; and
[(6) shall not be taken into account in determining
the amount of any severance pay to which the employee
may be entitled under section 5595 of title 5, United
States Code, based on any other separation.
[(d) Additional Agency Contributions to the Retirement
Fund.--
[(1) In general.--In addition to any payments which
it is otherwise required to make, the Department of
Justice and the Department of Homeland Security shall,
for each fiscal year with respect to which it makes any
voluntary separation incentive payments under this
section, remit to the Office of Personnel Management
for deposit in the Treasury of the United States to the
credit of the Civil Service Retirement and Disability
Fund the amount required under paragraph (2).
[(2) Amount required.--The amount required under this
paragraph shall, for any fiscal year, be the amount
under subparagraph (A) or (B), whichever is greater.
[(A) First method.--The amount under this
subparagraph shall, for any fiscal year, be
equal to the minimum amount necessary to offset
the additional costs to the retirement systems
under title 5, United States Code (payable out
of the Civil Service Retirement and Disability
Fund) resulting from the voluntary separation
of the employees described in paragraph (3), as
determined under regulations of the Office of
Personnel Management.
[(B) Second method.--The amount under this
subparagraph shall, for any fiscal year, be
equal to 45 percent of the sum total of the
final basic pay of the employees described in
paragraph (3).
[(3) Computations to be based on separations
occurring in the fiscal year involved.--The employees
described in this paragraph are those employees who
receive a voluntary separation incentive payment under
this section based on their separating from service
during the fiscal year with respect to which the
payment under this subsection relates.
[(4) Final basic pay defined.--In this subsection,
the term ``final basic pay'' means, with respect to an
employee, the total amount of basic pay which would be
payable for a year of service by such employee,
computed using the employee's final rate of basic pay,
and, if last serving on other than a full-time basis,
with appropriate adjustment therefor.
[(e) Effect of Subsequent Employment With the Government.--An
individual who receives a voluntary separation incentive
payment under this section and who, within 5 years after the
date of the separation on which the payment is based, accepts
any compensated employment with the Government or works for any
agency of the Government through a personal services contract,
shall be required to pay, prior to the individual's first day
of employment, the entire amount of the incentive payment. Such
payment shall be made to the covered entity from which the
individual separated or, if made on or after the transfer date,
to the Deputy Secretary or the Under Secretary for Border and
Transportation Security (for transfer to the appropriate
component of the Department of Homeland Security, if
necessary).
[(f) Effect on Employment Levels.--
[(1) Intended effect.--Voluntary separations under
this section are not intended to necessarily reduce the
total number of full-time equivalent positions in any
covered entity.
[(2) Use of voluntary separations.--A covered entity
may redeploy or use the full-time equivalent positions
vacated by voluntary separations under this section to
make other positions available to more critical
locations or more critical occupations.
[SEC. 473. AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT RELATING TO
DISCIPLINARY ACTION.
[(a) In General.--The Attorney General and the Secretary may
each, during a period ending not later than 5 years after the
date of the enactment of this Act, conduct a demonstration
project for the purpose of determining whether one or more
changes in the policies or procedures relating to methods for
disciplining employees would result in improved personnel
management.
[(b) Scope.--A demonstration project under this section--
[(1) may not cover any employees apart from those
employed in or under a covered entity; and
[(2) shall not be limited by any provision of chapter
43, 75, or 77 of title 5, United States Code.
[(c) Procedures.--Under the demonstration project--
[(1) the use of alternative means of dispute
resolution (as defined in section 571 of title 5,
United States Code) shall be encouraged, whenever
appropriate; and
[(2) each covered entity under the jurisdiction of
the official conducting the project shall be required
to provide for the expeditious, fair, and independent
review of any action to which section 4303 or
subchapter II of chapter 75 of such title 5 would
otherwise apply (except an action described in section
7512(5) of such title 5).
[(d) Actions Involving Discrimination.--Notwithstanding any
other provision of this section, if, in the case of any matter
described in section 7702(a)(1)(B) of title 5, United States
Code, there is no judicially reviewable action under the
demonstration project within 120 days after the filing of an
appeal or other formal request for review (referred to in
subsection (c)(2)), an employee shall be entitled to file a
civil action to the same extent and in the same manner as
provided in section 7702(e)(1) of such title 5 (in the matter
following subparagraph (C) thereof).
[(e) Certain Employees.--Employees shall not be included
within any project under this section if such employees are--
[(1) neither managers nor supervisors; and
[(2) within a unit with respect to which a labor
organization is accorded exclusive recognition under
chapter 71 of title 5, United States Code.
Notwithstanding the preceding sentence, an aggrieved employee
within a unit (referred to in paragraph (2)) may elect to
participate in a complaint procedure developed under the
demonstration project in lieu of any negotiated grievance
procedure and any statutory procedure (as such term is used in
section 7121 of such title 5).
[(f) Reports.--The General Accounting Office shall prepare
and submit to the Committees on Government Reform and the
Judiciary of the House of Representatives and the Committees on
Governmental Affairs and the Judiciary of the Senate periodic
reports on any demonstration project conducted under this
section, such reports to be submitted after the second and
fourth years of its operation. Upon request, the Attorney
General or the Secretary shall furnish such information as the
General Accounting Office may require to carry out this
subsection.
[(g) Definition.--In this section, the term ``covered
entity'' has the meaning given such term in section 472(a)(2).
[SEC. 474. SENSE OF CONGRESS.
[It is the sense of Congress that--
[(1) the missions of the Bureau of Border Security
and the Bureau of Citizenship and Immigration Services
are equally important and, accordingly, they each
should be adequately funded; and
[(2) the functions transferred under this subtitle
should not, after such transfers take effect, operate
at levels below those in effect prior to the enactment
of this Act.
[SEC. 475. DIRECTOR OF SHARED SERVICES.
[(a) In General.--Within the Office of Deputy Secretary,
there shall be a Director of Shared Services.
[(b) Functions.--The Director of Shared Services shall be
responsible for the coordination of resources for the Bureau of
Border Security and the Bureau of Citizenship and Immigration
Services, including--
[(1) information resources management, including
computer databases and information technology;
[(2) records and file management; and
[(3) forms management.]
SEC. [476.] 472. SEPARATION OF FUNDING.
(a) In General.--There shall be established separate accounts
in the Treasury of the United States for appropriated funds and
other deposits available for [the Bureau of Citizenship and
Immigration Services] United States Citizenship and Immigration
Services and [the Bureau of Border Security] U.S. Immigration
and Customs Enforcement.
(b) Separate Budgets.--To ensure that [the Bureau of
Citizenship and Immigration Services] United States Citizenship
and Immigration Services and [the Bureau of Border Security]
U.S. Immigration and Customs Enforcement are funded to the
extent necessary to fully carry out their respective functions,
the Director of the Office of Management and Budget shall
separate the budget requests for each such entity.
(c) Fees.--Fees imposed for a particular service,
application, or benefit shall be deposited into the account
established under subsection (a) that is for the bureau with
jurisdiction over the function to which the fee relates.
(d) Fees Not Transferable.--No fee may be transferred between
[the Bureau of Citizenship and Immigration Services] United
States Citizenship and Immigration Services and [the Bureau of
Border Security] U.S. Immigration and Customs Enforcement for
purposes not authorized by section 286 of the Immigration and
Nationality Act (8 U.S.C. 1356).
[SEC. 477. REPORTS AND IMPLEMENTATION PLANS.
[(a) Division of Funds.--The Secretary, not later than 120
days after the effective date of this Act, shall submit to the
Committees on Appropriations and the Judiciary of the House of
Representatives and of the Senate a report on the proposed
division and transfer of funds, including unexpended funds,
appropriations, and fees, between the Bureau of Citizenship and
Immigration Services and the Bureau of Border Security.
[(b) Division of Personnel.--The Secretary, not later than
120 days after the effective date of this Act, shall submit to
the Committees on Appropriations and the Judiciary of the House
of Representatives and of the Senate a report on the proposed
division of personnel between the Bureau of Citizenship and
Immigration Services and the Bureau of Border Security.
[(c) Implementation Plan.--
[(1) In general.--The Secretary, not later than 120
days after the effective date of this Act, and every 6
months thereafter until the termination of fiscal year
2005, shall submit to the Committees on Appropriations
and the Judiciary of the House of Representatives and
of the Senate an implementation plan to carry out this
Act.
[(2) Contents.--The implementation plan should
include details concerning the separation of the Bureau
of Citizenship and Immigration Services and the Bureau
of Border Security, including the following:
[(A) Organizational structure, including the
field structure.
[(B) Chain of command.
[(C) Procedures for interaction among such
bureaus.
[(D) Fraud detection and investigation.
[(E) The processing and handling of removal
proceedings, including expedited removal and
applications for relief from removal.
[(F) Recommendations for conforming
amendments to the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
[(G) Establishment of a transition team.
[(H) Methods to phase in the costs of
separating the administrative support systems
of the Immigration and Naturalization Service
in order to provide for separate administrative
support systems for the Bureau of Citizenship
and Immigration Services and the Bureau of
Border Security.
[(d) Comptroller General Studies and Reports.--
[(1) Status reports on transition.--Not later than 18
months after the date on which the transfer of
functions specified under section 441 takes effect, and
every 6 months thereafter, until full implementation of
this subtitle has been completed, the Comptroller
General of the United States shall submit to the
Committees on Appropriations and on the Judiciary of
the House of Representatives and the Senate a report
containing the following:
[(A) A determination of whether the transfers
of functions made by subtitles D and E have
been completed, and if a transfer of functions
has not taken place, identifying the reasons
why the transfer has not taken place.
[(B) If the transfers of functions made by
subtitles D and E have been completed, an
identification of any issues that have arisen
due to the completed transfers.
[(C) An identification of any issues that may
arise due to any future transfer of functions.
[(2) Report on management.--Not later than 4 years
after the date on which the transfer of functions
specified under section 441 takes effect, the
Comptroller General of the United States shall submit
to the Committees on Appropriations and on the
Judiciary of the House of Representatives and the
Senate a report, following a study, containing the
following:
[(A) Determinations of whether the transfer
of functions from the Immigration and
Naturalization Service to the Bureau of
Citizenship and Immigration Services and the
Bureau of Border Security have improved, with
respect to each function transferred, the
following:
[(i) Operations.
[(ii) Management, including
accountability and communication.
[(iii) Financial administration.
[(iv) Recordkeeping, including
information management and technology.
[(B) A statement of the reasons for the
determinations under subparagraph (A).
[(C) Any recommendations for further
improvements to the Bureau of Citizenship and
Immigration Services and the Bureau of Border
Security.
[(3) Report on fees.--Not later than 1 year after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
Committees on the Judiciary of the House of
Representatives and of the Senate a report examining
whether the Bureau of Citizenship and Immigration
Services is likely to derive sufficient funds from fees
to carry out its functions in the absence of
appropriated funds.]
SEC. [478.] 473. ANNUAL REPORT ON IMMIGRATION FUNCTIONS.
(a) Annual [Report.--]
[(1) In general.--One year] Report._One year after
the date of the enactment of this Act, and each year
thereafter, the Secretary shall submit a report to the
President, to the Committees on the Judiciary and
Government Reform of the House of Representatives, and
to the Committees on the Judiciary and Government
Affairs of the Senate, on the impact the transfers made
by this subtitle has had on immigration functions.
[(2)] (b) Matter included.--The report shall address the
following with respect to the period covered by the report:
[(A)] (1) The aggregate number of all immigration
applications and petitions received, and processed, by
the Department.
[(B)] (2) Region-by-region statistics on the
aggregate number of immigration applications and
petitions filed by an alien (or filed on behalf of an
alien) and denied, disaggregated by category of denial
and application or petition type.
[(C)] (3) The quantity of backlogged immigration
applications and petitions that have been processed,
the aggregate number awaiting processing, and a
detailed plan for eliminating the backlog.
[(D)] (4) The average processing period for
immigration applications and petitions, disaggregated
by application or petition type.
[(E)] (5) The number and types of immigration-related
grievances filed with any official of the Department of
Justice, and if those grievances were resolved.
[(F)] (6) Plans to address grievances and improve
immigration services.
[(G)] (7) Whether immigration-related fees were used
consistent with legal requirements regarding such use.
[(H)] (8) Whether immigration-related questions
conveyed by customers to the Department (whether
conveyed in person, by telephone, or by means of the
Internet) were answered effectively and efficiently.
[(b) Sense of Congress Regarding Immigration Services.--It is
the sense of Congress that--
[(1) the quality and efficiency of immigration
services rendered by the Federal Government should be
improved after the transfers made by this subtitle take
effect; and
[(2) the Secretary should undertake efforts to
guarantee that concerns regarding the quality and
efficiency of immigration services are addressed after
such effective date.]
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
SEC. 501. DEFINITIONS.
In this title--
(1) the term ``Administrator'' means the
Administrator of the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
(3) the term ``catastrophic incident'' means any
natural disaster, act of terrorism, or other man-made
disaster that results in extraordinary levels of
casualties or damage or disruption severely affecting
the population (including mass evacuations),
infrastructure, environment, economy, national morale,
or government functions in an area;
(4) the terms ``credentialed'' and ``credentialing''
mean having provided, or providing, respectively,
documentation that identifies personnel and
authenticates and verifies the qualifications of such
personnel by ensuring that such personnel possess a
minimum common level of training, experience, physical
and medical fitness, and capability appropriate for a
particular position in accordance with standards
created under section 510;
(5) the term ``Federal coordinating officer'' means a
Federal coordinating officer as described in section
302 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5143);
(6) the term ``interoperable'' has the meaning given
the term ``interoperable communications'' under section
7303(g)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(g)(1));
(7) the term ``National Incident Management System''
means a system to enable effective, efficient, and
collaborative incident management;
(8) the term ``National Response Plan'' means the
National Response Plan or any successor plan prepared
under [section 502(a)(6)] section 504(a)(6);
(9) the term ``Nuclear Incident Response Team'' means
a resource that includes--
(A) those entities of the Department of
Energy that perform nuclear or radiological
emergency support functions (including accident
response, search response, advisory, and
technical operations functions), radiation
exposure functions at the medical assistance
facility known as the Radiation Emergency
Assistance Center/Training Site (REAC/TS),
radiological assistance functions, and related
functions; and
(B) those entities of the Environmental
Protection Agency that perform such support
functions (including radiological emergency
response functions) and related functions.
[(9)] (10) the term ``Regional Administrator'' means
a Regional Administrator appointed under section 507;
[(10)] (11) the term ``Regional Office'' means a
Regional Office established under section 507;
[(11)] (12) the term ``resources'' means personnel
and major items of equipment, supplies, and facilities
available or potentially available for responding to a
natural disaster, act of terrorism, or other man-made
disaster;
[(12)] (13) the term ``surge capacity'' means the
ability to rapidly and substantially increase the
provision of search and rescue capabilities, food,
water, medicine, shelter and housing, medical care,
evacuation capacity, staffing (including disaster
assistance employees), and other resources necessary to
save lives and protect property during a catastrophic
incident;
[(13)] (14) the term ``tribal government'' means the
government of any entity described in section 2(13)(B);
and
[(14)] (15) the terms ``typed'' and ``typing'' mean
having evaluated, or evaluating, respectively, a
resource in accordance with standards created under
section 510.
[SEC. 502. DEFINITION.
[In this title, the term ``Nuclear Incident Response Team''
means a resource that includes--
[(1) those entities of the Department of Energy that
perform nuclear or radiological emergency support
functions (including accident response, search
response, advisory, and technical operations
functions), radiation exposure functions at the medical
assistance facility known as the Radiation Emergency
Assistance Center/Training Site (REAC/TS), radiological
assistance functions, and related functions; and
[(2) those entities of the Environmental Protection
Agency that perform such support functions (including
radiological emergency response functions) and related
functions.]
* * * * * * *
SEC. 504. AUTHORITY AND RESPONSIBILITIES.
(a) In General.--The Administrator shall provide Federal
leadership necessary to prepare for, protect against, respond
to, recover from, or mitigate against a natural disaster, act
of terrorism, or other man-made disaster, including--
(1) helping to ensure the effectiveness of emergency
response providers to terrorist attacks, major
disasters, and other emergencies;
(2) with respect to the Nuclear Incident Response
Team (regardless of whether it is operating as an
organizational unit of the Department pursuant to this
title)--
(A) establishing standards and certifying
when those standards have been met;
(B) conducting joint and other exercises and
training and evaluating performance; and
(C) providing funds to the Department of
Energy and the Environmental Protection Agency,
as appropriate, for homeland security planning,
exercises and training, and equipment;
(3) providing the Federal Government's response to
terrorist attacks and major disasters, including--
(A) managing such response;
(B) directing the Domestic Emergency Support
Team[, the National Disaster Medical System,]
and (when operating as an organizational unit
of the Department pursuant to this title) the
Nuclear Incident Response Team;
(C) overseeing the Metropolitan Medical
Response System; and
(D) coordinating other Federal response
resources, including requiring deployment of
the Strategic National Stockpile, in the event
of a terrorist attack or major disaster;
(4) aiding the recovery from terrorist attacks and
major disasters;
(5) building a comprehensive national incident
management system with Federal, State, and local
government personnel, agencies, and authorities, to
respond to such attacks and disasters;
(6) consolidating existing Federal Government
emergency response plans into a single, coordinated
national response plan;
(7) helping ensure the acquisition of operable and
interoperable communications capabilities by Federal,
State, local, and tribal governments and emergency
response providers;
(8) assisting the President in carrying out the
functions under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
and carrying out all functions and authorities given to
the Administrator under that Act;
(9) carrying out the mission of the Agency to reduce
the loss of life and property and protect the Nation
from all hazards by leading and supporting the Nation
in a risk-based, comprehensive emergency management
system of--
(A) mitigation, by taking sustained actions
to reduce or eliminate long-term risks to
people and property from hazards and their
effects;
(B) preparedness, by planning, training, and
building the emergency management profession to
prepare effectively for, mitigate against,
respond to, and recover from any hazard;
(C) response, by conducting emergency
operations to save lives and property through
positioning emergency equipment, personnel, and
supplies, through evacuating potential victims,
through providing food, water, shelter, and
medical care to those in need, and through
restoring critical public services; and
(D) recovery, by rebuilding communities so
individuals, businesses, and governments can
function on their own, return to normal life,
and protect against future hazards;
(10) increasing efficiencies, by coordinating efforts
relating to preparedness, protection, response,
recovery, and mitigation;
(11) helping to ensure the effectiveness of emergency
response providers in responding to a natural disaster,
act of terrorism, or other man-made disaster;
(12) supervising grant programs administered by the
Agency;
(13) administering and ensuring the implementation of
the National Response Plan, including coordinating and
ensuring the readiness of each emergency support
function under the National Response Plan;
(14) coordinating with the National Advisory Council
established under section 508;
(15) preparing and implementing the plans and
programs of the Federal Government for--
(A) continuity of operations;
(B) continuity of government; and
(C) continuity of plans;
(16) minimizing, to the extent practicable,
overlapping planning and reporting requirements
applicable to State, local, and tribal governments and
the private sector;
(17) maintaining and operating within the Agency the
National Response Coordination Center or its successor;
(18) developing a national emergency management
system that is capable of preparing for, protecting
against, responding to, recovering from, and mitigating
against catastrophic incidents;
(19) assisting the President in carrying out the
functions under the national preparedness goal and the
national preparedness system and carrying out all
functions and authorities of the Administrator under
the national preparedness System;
(20) carrying out all authorities of the Federal
Emergency Management Agency and the Directorate of
Preparedness of the Department as transferred under
section 505; and
(21) otherwise carrying out the mission of the Agency
as described in section 503(b).
(b) All-Hazards Approach.--In carrying out the
responsibilities under this section, the Administrator shall
coordinate the implementation of a risk-based, all-hazards
strategy that builds those common capabilities necessary to
prepare for, protect against, respond to, recover from, or
mitigate against natural disasters, acts of terrorism, and
other man-made disasters, while also building the unique
capabilities necessary to prepare for, protect against, respond
to, recover from, or mitigate against the risks of specific
types of incidents that pose the greatest risk to the Nation.
* * * * * * *
SEC. 506. PRESERVING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
(a) Distinct Entity.--The Agency shall be maintained as a
distinct entity within the Department.
(b) Reorganization.--Section 872 shall not apply to the
Agency, including any function or organizational unit of the
Agency.
(c) Prohibition on Changes to Missions.--
(1) In general.--The Secretary may not substantially
or significantly reduce, including through a Joint Task
Force established under [section 708] section 707, the
authorities, responsibilities, or functions of the
Agency or the capability of the Agency to perform those
missions, authorities, responsibilities, except as
otherwise specifically provided in an Act enacted after
the date of enactment of the Post-Katrina Emergency
Management Reform Act of 2006.
(2) Certain transfers prohibited.--No asset,
function, or mission of the Agency may be diverted to
the principal and continuing use of any other
organization, unit, or entity of the Department,
including a Joint Task Force established under [section
708] section 707, except for details or assignments
that do not reduce the capability of the Agency to
perform its missions.
(d) Reprogramming and Transfer of Funds.--In reprogramming or
transferring funds, the Secretary shall comply with any
applicable provisions of any Act making appropriations for the
Department for fiscal year 2007, or any succeeding fiscal year,
relating to the reprogramming or transfer of funds.
* * * * * * *
TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS
SEC. 601. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL
ORGANIZATIONS.
(a) Findings.--Congress finds the following:
(1) Members of the Armed Forces of the United States
defend the freedom and security of our Nation.
(2) Members of the Armed Forces of the United States
have lost their lives while battling the evils of
terrorism around the world.
(3) Personnel of the Central Intelligence Agency
(CIA) charged with the responsibility of covert
observation of terrorists around the world are often
put in harm's way during their service to the United
States.
(4) Personnel of the Central Intelligence Agency have
also lost their lives while battling the evils of
terrorism around the world.
(5) Employees of the Federal Bureau of Investigation
(FBI) and other Federal agencies charged with domestic
protection of the United States put their lives at risk
on a daily basis for the freedom and security of our
Nation.
(6) United States military personnel, CIA personnel,
FBI personnel, and other Federal agents in the service
of the United States are patriots of the highest order.
(7) CIA officer Johnny Micheal Spann became the first
American to give his life for his country in the War on
Terrorism declared by President George W. Bush
following the terrorist attacks of September 11, 2001.
(8) Johnny Micheal Spann left behind a wife and
children who are very proud of the heroic actions of
their patriot father.
(9) Surviving dependents of members of the Armed
Forces of the United States who lose their lives as a
result of terrorist attacks or military operations
abroad receive a $6,000 death benefit, plus a small
monthly benefit.
(10) The current system of compensating spouses and
children of American patriots is inequitable and needs
improvement.
(b) Designation of Johnny Micheal Spann Patriot Trusts.--Any
charitable corporation, fund, foundation, or trust (or separate
fund or account thereof) which otherwise meets all applicable
requirements under law with respect to charitable entities and
meets the requirements described in subsection (c) shall be
eligible to characterize itself as a ``Johnny Micheal Spann
Patriot Trust''.
(c) Requirements for the Designation of Johnny Micheal Spann
Patriot Trusts.--The requirements described in this subsection
are as follows:
(1) Not taking into account funds or donations
reasonably necessary to establish a trust, at least 85
percent of all funds or donations (including any
earnings on the investment of such funds or donations)
received or collected by any Johnny Micheal Spann
Patriot Trust must be distributed to (or, if placed in
a private foundation, held in trust for) surviving
spouses, children, or dependent parents, grandparents,
or siblings of 1 or more of the following:
(A) members of the Armed Forces of the United
States;
(B) personnel, including contractors, of
elements of the intelligence community, as
defined in section 3(4) of the National
Security Act of 1947;
(C) employees of the Federal Bureau of
Investigation; and
(D) officers, employees, or contract
employees of the United States Government,
whose deaths occur in the line of duty and arise out of
terrorist attacks, military operations, intelligence
operations, or law enforcement operations or accidents
connected with activities occurring after September 11,
2001, and related to domestic or foreign efforts to
curb international terrorism, including the
Authorization for Use of Military Force (Public Law
107-40; 115 Stat. 224).
(2) Other than funds or donations reasonably
necessary to establish a trust, not more than 15
percent of all funds or donations (or 15 percent of
annual earnings on funds invested in a private
foundation) may be used for administrative purposes.
(3) No part of the net earnings of any Johnny Micheal
Spann Patriot Trust may inure to the benefit of any
individual based solely on the position of such
individual as a shareholder, an officer or employee of
such Trust.
(4) None of the activities of any Johnny Micheal
Spann Patriot Trust shall be conducted in a manner
inconsistent with any law that prohibits attempting to
influence legislation.
(5) No Johnny Micheal Spann Patriot Trust may
participate in or intervene in any political campaign
on behalf of (or in opposition to) any candidate for
public office, including by publication or distribution
of statements.
(6) Each Johnny Micheal Spann Patriot Trust shall
comply with the instructions and directions of the
[Director of Central Intelligence] Director of National
Intelligence, the Attorney General, or the Secretary of
Defense relating to the protection of intelligence
sources and methods, sensitive law enforcement
information, or other sensitive national security
information, including methods for confidentially
disbursing funds.
(7) Each Johnny Micheal Spann Patriot Trust that
receives annual contributions totaling more than
$1,000,000 must be audited annually by an independent
certified public accounting firm. Such audits shall be
filed with the Internal Revenue Service, and shall be
open to public inspection, except that the conduct,
filing, and availability of the audit shall be
consistent with the protection of intelligence sources
and methods, of sensitive law enforcement information,
and of other sensitive national security information.
(8) Each Johnny Micheal Spann Patriot Trust shall
make distributions to beneficiaries described in
paragraph (1) at least once every calendar year,
beginning not later than 12 months after the formation
of such Trust, and all funds and donations received and
earnings not placed in a private foundation dedicated
to such beneficiaries must be distributed within 36
months after the end of the fiscal year in which such
funds, donations, and earnings are received.
(9)(A) When determining the amount of a distribution
to any beneficiary described in paragraph (1), a Johnny
Micheal Spann Patriot Trust should take into account
the amount of any collateral source compensation that
the beneficiary has received or is entitled to receive
as a result of the death of an individual described in
paragraph (1).
(B) Collateral source compensation includes all
compensation from collateral sources, including life
insurance, pension funds, death benefit programs, and
payments by Federal, State, or local governments
related to the death of an individual described in
paragraph (1).
(d) Treatment of Johnny Micheal Spann Patriot Trusts.--Each
Johnny Micheal Spann Patriot Trust shall refrain from
conducting the activities described in clauses (i) and (ii) of
section 301(20)(A) of the Federal Election Campaign Act of 1971
so that a general solicitation of funds by an individual
described in paragraph (1) of section 323(e) of such Act will
be permissible if such solicitation meets the requirements of
paragraph (4)(A) of such section.
(e) Notification of Trust Beneficiaries.--Notwithstanding any
other provision of law, and in a manner consistent with the
protection of intelligence sources and methods and sensitive
law enforcement information, and other sensitive national
security information, the Secretary of Defense, the Director of
the Federal Bureau of Investigation, or the [Director of
Central Intelligence] Director of National Intelligence, or
their designees, as applicable, may forward information
received from an executor, administrator, or other legal
representative of the estate of a decedent described in
subparagraph (A), (B), (C), or (D) of subsection (c)(1), to a
Johnny Micheal Spann Patriot Trust on how to contact
individuals eligible for a distribution under subsection (c)(1)
for the purpose of providing assistance from such Trust:
Provided, That, neither forwarding nor failing to forward any
information under this subsection shall create any cause of
action against any Federal department, agency, officer, agent,
or employee.
(f) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense, in
coordination with the Attorney General, the Director of the
Federal Bureau of Investigation, and the [Director of Central
Intelligence] Director of National Intelligence, shall
prescribe regulations to carry out this section.
TITLE VII--MANAGEMENT
* * * * * * *
[SEC. 706. CONSOLIDATION AND CO-LOCATION OF OFFICES.
[Not later than 1 year after the date of the enactment of
this Act, the Secretary shall develop and submit to Congress a
plan for consolidating and co-locating--
[(1) any regional offices or field offices of
agencies that are transferred to the Department under
this Act, if such officers are located in the same
municipality; and
[(2) portions of regional and field offices of other
Federal agencies, to the extent such offices perform
functions that are transferred to the Secretary under
this Act.]
SEC. [707.] 706. QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) Requirement.--
(1) Quadrennial reviews required.--In fiscal year
2009, and every 4 years thereafter, the Secretary shall
conduct a review of the homeland security of the Nation
(in this section referred to as a ``quadrennial
homeland security review'').
(2) Scope of reviews.--Each quadrennial homeland
security review shall be a comprehensive examination of
the homeland security strategy of the Nation, including
recommendations regarding the long-term strategy and
priorities of the Nation for homeland security and
guidance on the programs, assets, capabilities, budget,
policies, and authorities of the Department.
(3) Consultation.--The Secretary shall conduct each
quadrennial homeland security review under this
subsection in consultation with--
(A) the heads of other Federal agencies,
including the Attorney General, the Secretary
of State, the Secretary of Defense, the
Secretary of Health and Human Services, the
Secretary of the Treasury, the Secretary of
Agriculture, and the Director of National
Intelligence;
(B) key officials of the Department,
including the Under Secretary for Strategy,
Policy, and Plans; and
(C) other relevant governmental and
nongovernmental entities, including State,
local, and tribal government officials, members
of Congress, private sector representatives,
academics, and other policy experts.
(4) Relationship with future years homeland security
program.--The Secretary shall ensure that each review
conducted under this section is coordinated with the
Future Years Homeland Security Program required under
section 874.
(b) Contents of Review.--In each quadrennial homeland
security review, the Secretary shall--
(1) delineate and update, as appropriate, the
national homeland security strategy, consistent with
appropriate national and Department strategies,
strategic plans, and Homeland Security Presidential
Directives, including the National Strategy for
Homeland Security, the National Response Plan, and the
Department Security Strategic Plan;
(2) outline and prioritize the full range of the
critical homeland security mission areas of the Nation;
(3) describe the interagency cooperation,
preparedness of Federal response assets,
infrastructure, budget plan, and other elements of the
homeland security program and policies of the Nation
associated with the national homeland security
strategy, required to execute successfully the full
range of missions called for in the national homeland
security strategy described in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2);
(4) identify the budget plan required to provide
sufficient resources to successfully execute the full
range of missions called for in the national homeland
security strategy described in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2);
(5) include an assessment of the organizational
alignment of the Department with the national homeland
security strategy referred to in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2); and
(6) review and assess the effectiveness of the
mechanisms of the Department for executing the process
of turning the requirements developed in the
quadrennial homeland security review into an
acquisition strategy and expenditure plan within the
Department.
(c) Reporting.--
(1) In general.--Not later than December 31 of the
year in which a quadrennial homeland security review is
conducted, the Secretary shall submit to Congress a
report regarding that quadrennial homeland security
review.
(2) Contents of report.--Each report submitted under
paragraph (1) shall include--
(A) the results of the quadrennial homeland
security review;
(B) a description of the threats to the
assumed or defined national homeland security
interests of the Nation that were examined for
the purposes of that review;
(C) the national homeland security strategy,
including a prioritized list of the critical
homeland security missions of the Nation;
(D) a description of the interagency
cooperation, preparedness of Federal response
assets, infrastructure, budget plan, and other
elements of the homeland security program and
policies of the Nation associated with the
national homeland security strategy, required
to execute successfully the full range of
missions called for in the applicable national
homeland security strategy referred to in
subsection (b)(1) and the homeland security
mission areas outlined under subsection (b)(2);
(E) an assessment of the organizational
alignment of the Department with the applicable
national homeland security strategy referred to
in subsection (b)(1) and the homeland security
mission areas outlined under subsection (b)(2),
including the Department's organizational
structure, management systems, budget and
accounting systems, human resources systems,
procurement systems, and physical and technical
infrastructure;
(F) a discussion of the status of cooperation
among Federal agencies in the effort to promote
national homeland security;
(G) a discussion of the status of cooperation
between the Federal Government and State,
local, and tribal governments in preventing
terrorist attacks and preparing for emergency
response to threats to national homeland
security;
(H) an explanation of any underlying
assumptions used in conducting the review; and
(I) any other matter the Secretary considers
appropriate.
(3) Public availability.--The Secretary shall,
consistent with the protection of national security and
other sensitive matters, make each report submitted
under paragraph (1) publicly available on the Internet
website of the Department.
(d) Authorization of Appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out this
section.
SEC. [708.] 707. JOINT TASK FORCES.
(a) Definition.--In this section, the term ``situational
awareness'' means knowledge and unified understanding of
unlawful cross-border activity, including--
(1) threats and trends concerning illicit trafficking
and unlawful crossings;
(2) the ability to forecast future shifts in such
threats and trends;
(3) the ability to evaluate such threats and trends
at a level sufficient to create actionable plans; and
(4) the operational capability to conduct continuous
and integrated surveillance of the air, land, and
maritime borders of the United States.
(b) Joint Task Forces.--
(1) Establishment.--The Secretary may establish and
operate departmental Joint Task Forces to conduct joint
operations using personnel and capabilities of the
Department for the purposes specified in paragraph (2).
(2) Purposes.--
(A) In general.--Subject to subparagraph (B),
the purposes referred to in paragraph (1) are
or relate to the following:
(i) Securing the land and maritime
borders of the United States.
(ii) Homeland security crises.
(iii) Establishing regionally-based
operations.
(B) Limitation.--
(i) In general.--The Secretary may
not establish a Joint Task Force for
any major disaster or emergency
declared under the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)
or an incident for which the Federal
Emergency Management Agency has primary
responsibility for management of the
response under title V of this Act,
including section 504(a)(3)(A), unless
the responsibilities of such a Joint
Task Force--
(I) do not include
operational functions related
to incident management,
including coordination of
operations; and
(II) are consistent with the
requirements of paragraphs (3)
and (4)(A) of section 503(c)
and section 509(c) of this Act,
and section 302 of the Robert
T. Stafford Disaster Relief and
Emergency Assistance Act (42
U.S.C. 5143).
(ii) Responsibilities and functions
not reduced.--Nothing in this section
may be construed to reduce the
responsibilities or functions of the
Federal Emergency Management Agency or
the Administrator of the Agency under
title V of this Act or any other
provision of law, including the
diversion of any asset, function, or
mission from the Agency or the
Administrator of the Agency pursuant to
section 506.
(3) Joint task force directors.--
(A) Director.--Each Joint Task Force
established and operated pursuant to paragraph
(1) shall be headed by a Director, appointed by
the President, for a term of not more than two
years. The Secretary shall submit to the
President recommendations for such appointments
after consulting with the heads of the
components of the Department with membership on
any such Joint Task Force. Any Director
appointed by the President shall be--
(i) a current senior official of the
Department with not less than one year
of significant leadership experience at
the Department; or
(ii) if no suitable candidate is
available at the Department, an
individual with--
(I) not less than one year of
significant leadership
experience in a Federal agency
since the establishment of the
Department; and
(II) a demonstrated ability
in, knowledge of, and
significant experience working
on the issues to be addressed
by any such Joint Task Force.
(B) Extension.--The Secretary may extend the
appointment of a Director of a Joint Task Force
under subparagraph (A) for not more than two
years if the Secretary determines that such an
extension is in the best interest of the
Department.
(4) Joint task force deputy directors.--For each
Joint Task Force, the Secretary shall appoint a Deputy
Director who shall be an official of a different
component or office of the Department than the Director
of such Joint Task Force.
(5) Responsibilities.--The Director of a Joint Task
Force, subject to the oversight, direction, and
guidance of the Secretary, shall--
(A) when established for the purpose referred
to in paragraph (2)(A)(i), maintain situational
awareness within the areas of responsibility of
the Joint Task Force, as determined by the
Secretary;
(B) provide operational plans and
requirements for standard operating procedures
and contingency operations within the areas of
responsibility of the Joint Task Force, as
determined by the Secretary;
(C) plan and execute joint task force
activities within the areas of responsibility
of the Joint Task Force, as determined by the
Secretary;
(D) set and accomplish strategic objectives
through integrated operational planning and
execution;
(E) exercise operational direction over
personnel and equipment from components and
offices of the Department allocated to the
Joint Task Force to accomplish the objectives
of the Joint Task Force;
(F) when established for the purpose referred
to in paragraph (2)(A)(i), establish
operational and investigative priorities within
the areas of responsibility of the Joint Task
Force, as determined by the Secretary;
(G) coordinate with foreign governments and
other Federal, State, and local agencies, as
appropriate, to carry out the mission of the
Joint Task Force; and
(H) carry out other duties and powers the
Secretary determines appropriate.
(6) Personnel and resources.--
(A) In general.--The Secretary may, upon
request of the Director of a Joint Task Force,
and giving appropriate consideration of risk to
the other primary missions of the Department,
allocate to such Joint Task Force on a
temporary basis personnel and equipment of
components and offices of the Department.
(B) Cost neutrality.--A Joint Task Force may
not require more resources than would have
otherwise been required by the Department to
carry out the duties assigned to such Joint
Task Force if such Joint Task Force had not
been established.
(C) Location of operations.--In establishing
a location of operations for a Joint Task
Force, the Secretary shall, to the extent
practicable, use existing facilities that
integrate efforts of components of the
Department and State, local, tribal, or
territorial law enforcement or military
entities.
(D) Consideration of impact.--When reviewing
requests for allocation of component personnel
and equipment under subparagraph (A), the
Secretary shall consider the impact of such
allocation on the ability of the donating
component or office to carry out the primary
missions of the Department, and in the case of
the Coast Guard, the missions specified in
section 888.
(E) Limitation.--Personnel and equipment of
the Coast Guard allocated under this paragraph
may be used only to carry out operations and
investigations related to the missions
specified in section 888.
(F) Report.--The Secretary shall, at the time
the budget of the President is submitted to
Congress for a fiscal year under section
1105(a) of title 31, United States Code, submit
to the Committee on Homeland Security and the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science,
and Transportation of the Senate a report on
the total funding, personnel, and other
resources that each component or office of the
Department allocated under this paragraph to
each Joint Task Force to carry out the mission
of such Joint Task Force during the fiscal year
immediately preceding each such report, and a
description of the degree to which the
resources drawn from each component or office
impact the primary mission of such component or
office.
(7) Component resource authority.--As directed by the
Secretary--
(A) each Director of a Joint Task Force shall
be provided sufficient resources from relevant
components and offices of the Department and
the authority necessary to carry out the
missions and responsibilities of such Joint
Task Force required under this section;
(B) the resources referred to in subparagraph
(A) shall be under the operational authority,
direction, and control of the Director of the
Joint Task Force to which such resources are
assigned; and
(C) the personnel and equipment of each Joint
Task Force shall remain under the
administrative direction of the head of the
component or office of the Department that
provided such personnel or equipment.
(8) Joint task force staff.--Each Joint Task Force
shall have a staff, composed of officials from relevant
components and offices of the Department, to assist the
Director of such Joint Task Force in carrying out the
mission and responsibilities of such Joint Task Force.
(9) Establishment of performance metrics.--The
Secretary shall--
(A) establish outcome-based and other
appropriate performance metrics to evaluate the
effectiveness of each Joint Task Force;
(B) not later than 120 days after the date of
the enactment of this section and 120 days
after the establishment of a new Joint Task
Force, as appropriate, submit to the Committee
on Homeland Security and the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Homeland Security and Governmental Affairs and
the Committee on Commerce, Science, and
Transportation of the Senate the metrics
established under subparagraph (A).
(C) not later than January 31 of each year
beginning in 2017, submit to each committee
specified in subparagraph (B) a report that
contains the evaluation described in
subparagraph (A).
(10) Joint duty training program.--
(A) In general.--The Secretary shall--
(i) establish a joint duty training
program in the Department for the
purposes of--
(I) enhancing coordination
within the Department; and
(II) promoting workforce
professional development; and
(ii) tailor such joint duty training
program to improve joint operations as
part of the Joint Task Forces.
(B) Elements.--The joint duty training
program established under subparagraph (A)
shall address, at a minimum, the following
topics:
(i) National security strategy.
(ii) Strategic and contingency
planning.
(iii) Command and control of
operations under joint command.
(iv) International engagement.
(v) The homeland security enterprise.
(vi) Interagency collaboration.
(vii) Leadership.
(viii) Specific subject matters
relevant to the Joint Task Force,
including matters relating to the
missions specified in section 888, to
which the joint duty training program
is assigned.
(C) Training required.--
(i) Directors and deputy directors.--
Except as provided in clauses (iii) and
(iv), an individual shall complete the
joint duty training program before
being appointed Director or Deputy
Director of a Joint Task Force.
(ii) Joint task force staff.--Each
official serving on the staff of a
Joint Task Force shall complete the
joint duty training program within the
first year of assignment to such Joint
Task Force.
(iii) Exception.--Clause (i) shall
not apply to the first Director or
Deputy Director appointed to a Joint
Task Force on or after the date of the
enactment of this section.
(iv) Waiver.--The Secretary may waive
the application of clause (i) if the
Secretary determines that such a waiver
is in the interest of homeland security
or necessary to carry out the mission
for which a Joint Task Force was
established.
(11) Notification of joint task force formation.--
(A) In general.--Not later than 90 days
before establishing a Joint Task Force under
this subsection, the Secretary shall submit to
the majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House
of Representatives, the majority leader of the
House of Representatives, the minority leader
of the House of Representatives, and the
Committee on Homeland Security and the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science,
and Transportation of the Senate a notification
regarding such establishment.
(B) Waiver authority.--The Secretary may
waive the requirement under subparagraph (A) in
the event of an emergency circumstance that
imminently threatens the protection of human
life or property.
(12) Review.--
(A) In general.--Not later than January 31,
2018, and January 31, 2021, the Inspector
General of the Department shall submit to the
Committee on Homeland Security and the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science,
and Transportation of the Senate a review of
the Joint Task Forces established under this
subsection.
(B) Contents.--The reviews required under
subparagraph (A) shall include--
(i) an assessment of the
effectiveness of the structure of each
Joint Task Force; and
(ii) recommendations for enhancements
to such structure to strengthen the
effectiveness of each Joint Task Force.
(13) Sunset.--This section expires on September 30,
2022.
(c) Joint Duty Assignment Program.--After establishing the
joint duty training program under subsection (b)(10), the
Secretary shall establish a joint duty assignment program
within the Department for the purposes of enhancing
coordination in the Department and promoting workforce
professional development.
SEC. [709.] 708. OFFICE OF STRATEGY, POLICY, AND PLANS.
(a) In General.--There is established in the Department an
Office of Strategy, Policy, and Plans.
(b) Head of Office.--The Office of Strategy, Policy, and
Plans shall be headed by an Under Secretary for Strategy,
Policy, and Plans, who shall serve as the principal policy
advisor to the Secretary. The Under Secretary for Strategy,
Policy, and Plans shall be appointed by the President, by and
with the advice and consent of the Senate.
(c) Functions.--The Under Secretary for Strategy, Policy, and
Plans shall--
(1) lead, conduct, and coordinate Department-wide
policy development and implementation and strategic
planning;
(2) develop and coordinate policies to promote and
ensure quality, consistency, and integration for the
programs, components, offices, and activities across
the Department;
(3) develop and coordinate strategic plans and long-
term goals of the Department with risk-based analysis
and planning to improve operational mission
effectiveness, including consultation with the
Secretary regarding the quadrennial homeland security
review under [section 707] section 706;
(4) manage Department leadership councils and provide
analytics and support to such councils;
(5) manage international coordination and engagement
for the Department;
(6) review and incorporate, as appropriate, external
stakeholder feedback into Department policy; and
(7) carry out such other responsibilities as the
Secretary determines appropriate.
(d) Deputy Under Secretary.--
(1) In general.--The Secretary may--
(A) establish within the Office of Strategy,
Policy, and Plans a position of Deputy Under
Secretary to support the Under Secretary for
Strategy, Policy, and Plans in carrying out the
Under Secretary's responsibilities; and
(B) appoint a career employee to such
position.
(2) Limitation on establishment of deputy under
secretary positions.--A Deputy Under Secretary position
(or any substantially similar position) within the
Office of Strategy, Policy, and Plans may not be
established except for the position provided for by
paragraph (1), unless the Secretary receives prior
authorization from Congress.
(3) Definitions.--For purposes of paragraph (1)--
(A) the term ``career employee'' means any
employee (as such term is defined in section
2105 of title 5, United States Code), but does
not include a political appointee; and
(B) the term ``political appointee'' means
any employee who occupies a position which has
been excepted from the competitive service by
reason of its confidential, policy-determining,
policy-making, or policy-advocating character.
(e) Coordination by Department Components.--To ensure
consistency with the policy priorities of the Department, the
head of each component of the Department shall coordinate with
the Office of Strategy, Policy, and Plans in establishing or
modifying policies or strategic planning guidance with respect
to each such component.
(f) Homeland Security Statistics and Joint Analysis.--
(1) Homeland security statistics.--The Under
Secretary for Strategy, Policy, and Plans shall--
(A) establish standards of reliability and
validity for statistical data collected and
analyzed by the Department;
(B) be provided by the heads of all
components of the Department with statistical
data maintained by the Department regarding the
operations of the Department;
(C) conduct or oversee analysis and reporting
of such data by the Department as required by
law or as directed by the Secretary; and
(D) ensure the accuracy of metrics and
statistical data provided to Congress.
(2) Transfer of responsibilities.--There shall be
transferred to the Under Secretary for Strategy,
Policy, and Plans the maintenance of all immigration
statistical information of U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement,
and United States Citizenship and Immigration Services,
which shall include information and statistics of the
type contained in the publication entitled ``Yearbook
of Immigration Statistics'' prepared by the Office of
Immigration Statistics, including region-by-region
statistics on the aggregate number of applications and
petitions filed by an alien (or filed on behalf of an
alien) and denied, and the reasons for such denials,
disaggregated by category of denial and application or
petition type.
(g) Limitation.--Nothing in this section overrides or
otherwise affects the requirements specified in section 888.
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle B--Inspector General
* * * * * * *
SEC. [812.] 811. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS.
[(a) In General.Section 6 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by adding at the end the
following:
[``(e)(1) In addition to the authority otherwise provided by
this Act, each Inspector General appointed under section 3, any
Assistant Inspector General for Investigations under such an
Inspector General, and any special agent supervised by such an
Assistant Inspector General may be authorized by the Attorney
General to--
[``(A) carry a firearm while engaged in official
duties as authorized under this Act or other statute,
or as expressly authorized by the Attorney General;
[``(B) make an arrest without a warrant while engaged
in official duties as authorized under this Act or
other statute, or as expressly authorized by the
Attorney General, for any offense against the United
States committed in the presence of such Inspector
General, Assistant Inspector General, or agent, or for
any felony cognizable under the laws of the United
States if such Inspector General, Assistant Inspector
General, or agent has reasonable grounds to believe
that the person to be arrested has committed or is
committing such felony; and
[``(C) seek and execute warrants for arrest, search
of a premises, or seizure of evidence issued under the
authority of the United States upon probable cause to
believe that a violation has been committed.
[``(2) The Attorney General may authorize exercise of the
powers under this subsection only upon an initial determination
that--
[``(A) the affected Office of Inspector General is
significantly hampered in the performance of
responsibilities established by this Act as a result of
the lack of such powers;
[``(B) available assistance from other law
enforcement agencies is insufficient to meet the need
for such powers; and
[``(C) adequate internal safeguards and management
procedures exist to ensure proper exercise of such
powers.
[``(3) The Inspector General offices of the Department of
Commerce, Department of Education, Department of Energy,
Department of Health and Human Services, Department of Homeland
Security, Department of Housing and Urban Development,
Department of the Interior, Department of Justice, Department
of Labor, Department of State, Department of Transportation,
Department of the Treasury, Department of Veterans Affairs,
Agency for International Development, Environmental Protection
Agency, Federal Deposit Insurance Corporation, Federal
Emergency Management Agency, General Services Administration,
National Aeronautics and Space Administration, Nuclear
Regulatory Commission, Office of Personnel Management, Railroad
Retirement Board, Small Business Administration, Social
Security Administration, and the Tennessee Valley Authority are
exempt from the requirement of paragraph (2) of an initial
determination of eligibility by the Attorney General.
[``(4) The Attorney General shall promulgate, and revise as
appropriate, guidelines which shall govern the exercise of the
law enforcement powers established under paragraph (1).
[``(5)(A) Powers authorized for an Office of Inspector
General under paragraph (1) may be rescinded or suspended upon
a determination by the Attorney General that any of the
requirements under paragraph (2) is no longer satisfied or that
the exercise of authorized powers by that Office of Inspector
General has not complied with the guidelines promulgated by the
Attorney General under paragraph (4).
[``(B) Powers authorized to be exercised by any
individual under paragraph (1) may be rescinded or
suspended with respect to that individual upon a
determination by the Attorney General that such
individual has not complied with guidelines promulgated
by the Attorney General under paragraph (4).
[``(6) A determination by the Attorney General under
paragraph (2) or (5) shall not be reviewable in or by any
court.
[``(7) To ensure the proper exercise of the law enforcement
powers authorized by this subsection, the Offices of Inspector
General described under paragraph (3) shall, not later than 180
days after the date of enactment of this subsection,
collectively enter into a memorandum of understanding to
establish an external review process for ensuring that adequate
internal safeguards and management procedures continue to exist
within each Office and within any Office that later receives an
authorization under paragraph (2). The review process shall be
established in consultation with the Attorney General, who
shall be provided with a copy of the memorandum of
understanding that establishes the review process. Under the
review process, the exercise of the law enforcement powers by
each Office of Inspector General shall be reviewed periodically
by another Office of Inspector General or by a committee of
Inspectors General. The results of each review shall be
communicated in writing to the applicable Inspector General and
to the Attorney General.
[``(8) No provision of this subsection shall limit the
exercise of law enforcement powers established under any other
statutory authority, including United States Marshals Service
special deputation.''.
[(b) Promulgation of Initial Guidelines.--] (a) Definition._
[(1) Definition.--]In this subsection, the term
``memoranda of understanding'' means the agreements
between the Department of Justice and the Inspector
General offices described under section 6(e)(3) of the
Inspector General Act of 1978 (5 U.S.C. App.) [(as
added by subsection (a) of this section)] that--
[(A)] (1) are in effect on the date of enactment of
this Act; and
[(B)] (2) authorize such offices to exercise
authority that is the same or similar to the authority
under section 6(e)(1) of such Act.
[(2)] (b) In general.--Not later than 180 days after the date
of enactment of this Act, the Attorney General shall promulgate
guidelines under section 6(e)(4) of the Inspector General Act
of 1978 (5 U.S.C. App.) [(as added by subsection (a) of this
section)] applicable to the Inspector General offices described
under section 6(e)(3) of that Act.
[(3)] (c) Minimum requirements.--The guidelines promulgated
under this subsection shall include, at a minimum, the
operational and training requirements in the memoranda of
understanding.
[(4)] (d) No lapse of authority.--The memoranda of
understanding in effect on the date of enactment of this Act
shall remain in effect until the guidelines promulgated under
this subsection take effect.
[(c) Effective Dates.--
[(1) In general.--Subsection (a) shall take effect
180 days after the date of enactment of this Act.
[(2) Initial guidelines.--Subsection (b) shall take
effect on the date of enactment of this Act.]
* * * * * * *
Subtitle E--Human Resources Management
* * * * * * *
SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN
EMPLOYEE PERFORMANCE APPRAISALS.
(a) In General.--Each subdivision of the Department that is a
National Drug Control Program Agency shall include as one of
the criteria in its performance appraisal system, for each
employee directly or indirectly involved in the enforcement of
Federal, State, or local narcotics laws, the performance of
that employee with respect to the enforcement of Federal,
State, or local narcotics laws, relying to the greatest extent
practicable on objective performance measures, including--
(1) the contribution of that employee to seizures of
narcotics and arrests of violators of Federal, State,
or local narcotics laws; and
(2) the degree to which that employee cooperated with
or contributed to the efforts of other employees,
either within the Department or other Federal, State,
or local agencies, in counternarcotics enforcement.
(b) Definitions.--For purposes of this section--
(1) the term ``National Drug Control Program Agency''
means--
(A) a National Drug Control Program Agency,
as defined in section 702(7) of the Office of
National Drug Control Policy Reauthorization
Act of 1998 (as last in effect); and
(B) any subdivision of the Department that
has a significant counternarcotics
responsibility, [as determined by--]
[(i) the counternarcotics officer,
appointed under section 878; or]
[(ii) if applicable, the
counternarcotics officer's successor in
function (as determined by the
Secretary); and] as determined by the
Secretary; and
(2) the term ``performance appraisal system'' means a
system under which periodic appraisals of job
performance of employees are made, whether under
chapter 43 of title 5, United States Code, or
otherwise.
* * * * * * *
Subtitle F--Federal Emergency Procurement Flexibility
* * * * * * *
[SEC. 857. REVIEW AND REPORT BY COMPTROLLER GENERAL.
[(a) Requirements.--Not later than March 31, 2004, the
Comptroller General shall--
[(1) complete a review of the extent to which
procurements of property and services have been made in
accordance with this subtitle; and
[(2) submit a report on the results of the review to
the Committee on Governmental Affairs of the Senate and
the Committee on Government Reform of the House of
Representatives.
[(b) Content of Report.--The report under subsection (a)(2)
shall include the following matters:
[(1) Assessment.--The Comptroller General's
assessment of--
[(A) the extent to which property and
services procured in accordance with this title
have contributed to the capacity of the
workforce of Federal Government employees
within each executive agency to carry out the
mission of the executive agency; and
[(B) the extent to which Federal Government
employees have been trained on the use of
technology.
[(2) Recommendations.--Any recommendations of the
Comptroller General resulting from the assessment
described in paragraph (1).
[(c) Consultation.--In preparing for the review under
subsection (a)(1), the Comptroller shall consult with the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of Representatives
on the specific issues and topics to be reviewed. The extent of
coverage needed in areas such as technology integration,
employee training, and human capital management, as well as the
data requirements of the study, shall be included as part of
the consultation.]
SEC. [858.] 857. IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL
MARKETPLACE.
The head of each executive agency shall conduct market
research on an ongoing basis to identify effectively the
capabilities, including the capabilities of small businesses
and new entrants into Federal contracting, that are available
in the marketplace for meeting the requirements of the
executive agency in furtherance of defense against or recovery
from terrorism or nuclear, biological, chemical, or
radiological attack. The head of the executive agency shall, to
the maximum extent practicable, take advantage of commercially
available market research methods, including use of commercial
databases, to carry out the research.
* * * * * * *
Subtitle H--Miscellaneous Provisions
* * * * * * *
[SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
[(a) Office.--There is established in the Department an
Office of Counternarcotics Enforcement, which shall be headed
by a Director appointed by the President.
[(b) Assignment of Personnel.--
[(1) In general.--The Secretary shall assign
permanent staff to the Office, consistent with
effective management of Department resources.
[(2) Liaisons.--The Secretary shall designate senior
employees from each appropriate subdivision of the
Department that has significant counternarcotics
responsibilities to act as a liaison between that
subdivision and the Office of Counternarcotics
Enforcement.
[(c) Limitation on Concurrent Employment.--The Director of
the Office of Counternarcotics Enforcement shall not be
employed by, assigned to, or serve as the head of, any other
branch of the Federal Government, any State or local
government, or any subdivision of the Department other than the
Office of Counternarcotics Enforcement.
[(d) Responsibilities.--The Secretary shall direct the
Director of the Office of Counternarcotics Enforcement--
[(1) to coordinate policy and operations within the
Department, between the Department and other Federal
departments and agencies, and between the Department
and State and local agencies with respect to stopping
the entry of illegal drugs into the United States;
[(2) to ensure the adequacy of resources within the
Department for stopping the entry of illegal drugs into
the United States;
[(3) to recommend the appropriate financial and
personnel resources necessary to help the Department
better fulfill its responsibility to stop the entry of
illegal drugs into the United States;
[(4) within the Joint Terrorism Task Force construct
to track and sever connections between illegal drug
trafficking and terrorism; and
[(5) to be a representative of the Department on all
task forces, committees, or other entities whose
purpose is to coordinate the counternarcotics
enforcement activities of the Department and other
Federal, State or local agencies.
[(e) Savings Clause.--Nothing in this section shall be
construed to authorize direct control of the operations
conducted by the Directorate of Border and Transportation
Security, the Coast Guard, or joint terrorism task forces.
[(f) Reports to Congress.--
[(1) Annual budget review.--The Director of the
Office of Counternarcotics Enforcement shall, not later
than 30 days after the submission by the President to
Congress of any request for expenditures for the
Department, submit to the Committees on Appropriations
and the authorizing committees of jurisdiction of the
House of Representatives and the Senate a review and
evaluation of such request. The review and evaluation
shall--
[(A) identify any request or subpart of any
request that affects or may affect the
counternarcotics activities of the Department
or any of its subdivisions, or that affects the
ability of the Department or any subdivision of
the Department to meet its responsibility to
stop the entry of illegal drugs into the United
States;
[(B) describe with particularity how such
requested funds would be or could be expended
in furtherance of counternarcotics activities;
and
[(C) compare such requests with requests for
expenditures and amounts appropriated by
Congress in the previous fiscal year.
[(2) Evaluation of counternarcotics activities.--The
Director of the Office of Counternarcotics Enforcement
shall, not later than February 1 of each year, submit
to the Committees on Appropriations and the authorizing
committees of jurisdiction of the House of
Representatives and the Senate a review and evaluation
of the counternarcotics activities of the Department
for the previous fiscal year. The review and evaluation
shall--
[(A) describe the counternarcotics activities
of the Department and each subdivision of the
Department (whether individually or in
cooperation with other subdivisions of the
Department, or in cooperation with other
branches of the Federal Government or with
State or local agencies), including the
methods, procedures, and systems (including
computer systems) for collecting, analyzing,
sharing, and disseminating information
concerning narcotics activity within the
Department and between the Department and other
Federal, State, and local agencies;
[(B) describe the results of those
activities, using quantifiable data whenever
possible;
[(C) state whether those activities were
sufficient to meet the responsibility of the
Department to stop the entry of illegal drugs
into the United States, including a description
of the performance measures of effectiveness
that were used in making that determination;
and
[(D) recommend, where appropriate, changes to
those activities to improve the performance of
the Department in meeting its responsibility to
stop the entry of illegal drugs into the United
States.
[(3) Classified or law enforcement sensitive
information.--Any content of a review and evaluation
described in the reports required in this subsection
that involves information classified under criteria
established by an Executive order, or whose public
disclosure, as determined by the Secretary, would be
detrimental to the law enforcement or national security
activities of the Department or any other Federal,
State, or local agency, shall be presented to Congress
separately from the rest of the review and evaluation.
[SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS.
[(a) Establishment.--There is established within the Office
of the Secretary an Office of International Affairs. The Office
shall be headed by a Director, who shall be a senior official
appointed by the Secretary.
[(b) Duties of the Director.--The Director shall have the
following duties:
[(1) To promote information and education exchange
with nations friendly to the United States in order to
promote sharing of best practices and technologies
relating to homeland security. Such exchange shall
include the following:
[(A) Exchange of information on research and
development on homeland security technologies.
[(B) Joint training exercises of first
responders.
[(C) Exchange of expertise on terrorism
prevention, response, and crisis management.
[(2) To identify areas for homeland security
information and training exchange where the United
States has a demonstrated weakness and another friendly
nation or nations have a demonstrated expertise.
[(3) To plan and undertake international conferences,
exchange programs, and training activities.
[(4) To manage international activities within the
Department in coordination with other Federal officials
with responsibility for counter-terrorism matters.]
* * * * * * *
[SEC. 881. REVIEW OF PAY AND BENEFIT PLANS.
[Notwithstanding any other provision of this Act, the
Secretary shall, in consultation with the Director of the
Office of Personnel Management, review the pay and benefit
plans of each agency whose functions are transferred under this
Act to the Department and, within 90 days after the date of
enactment, submit a plan to the President of the Senate and the
Speaker of the House of Representatives and the appropriate
committees and subcommittees of Congress, for ensuring, to the
maximum extent practicable, the elimination of disparities in
pay and benefits throughout the Department, especially among
law enforcement personnel, that are inconsistent with merit
system principles set forth in section 2301 of title 5, United
States Code.]
SEC. 882. OFFICE FOR NATIONAL CAPITAL REGION COORDINATION.
(a) Establishment.--
(1) In general.--There is [established within the
Office of the Secretary] within Federal Emergency
Management Agency the Office of National Capital Region
Coordination, to oversee and coordinate Federal
programs for and relationships with State, local, and
regional authorities in the National Capital Region, as
defined under section 2674(f)(2) of title 10, United
States Code.
(2) Director.--The Office established under paragraph
(1) shall be headed by a Director, who shall be
appointed by the Secretary.
(3) Cooperation.--The Secretary shall cooperate with
the Mayor of the District of Columbia, the Governors of
Maryland and Virginia, and other State, local, and
regional officers in the National Capital Region to
integrate the District of Columbia, Maryland, and
Virginia into the planning, coordination, and execution
of the activities of the Federal Government for the
enhancement of domestic preparedness against the
consequences of terrorist attacks.
(b) Responsibilities.--The Office established under
subsection (a)(1) shall--
(1) coordinate the activities of the Department
relating to the National Capital Region, including
cooperation with the Office for State and Local
Government Coordination;
(2) assess, and advocate for, the resources needed by
State, local, and regional authorities in the National
Capital Region to implement efforts to secure the
homeland;
(3) provide State, local, and regional authorities in
the National Capital Region with regular information,
research, and technical support to assist the efforts
of State, local, and regional authorities in the
National Capital Region in securing the homeland;
(4) develop a process for receiving meaningful input
from State, local, and regional authorities and the
private sector in the National Capital Region to assist
in the development of the homeland security plans and
activities of the Federal Government;
(5) coordinate with Federal agencies in the National
Capital Region on terrorism preparedness, to ensure
adequate planning, information sharing, training, and
execution of the Federal role in domestic preparedness
activities;
(6) coordinate with Federal, State, local, and
regional agencies, and the private sector in the
National Capital Region on terrorism preparedness to
ensure adequate planning, information sharing,
training, and execution of domestic preparedness
activities among these agencies and entities; and
(7) serve as a liaison between the Federal Government
and State, local, and regional authorities, and private
sector entities in the National Capital Region to
facilitate access to Federal grants and other programs.
(c) Annual Report.--The Office established under subsection
(a) shall submit an annual report to Congress that includes--
(1) the identification of the resources required to
fully implement homeland security efforts in the
National Capital Region;
(2) an assessment of the progress made by the
National Capital Region in implementing homeland
security efforts; and
(3) recommendations to Congress regarding the
additional resources needed to fully implement homeland
security efforts in the National Capital Region.
(d) Limitation.--Nothing contained in this section shall be
construed as limiting the power of State and local governments.
* * * * * * *
SEC. 888. PRESERVING COAST GUARD MISSION PERFORMANCE.
(a) Definitions.--In this section:
(1) Non-homeland security missions.--The term ``non-
homeland security missions'' means the following
missions of the Coast Guard:
(A) Marine safety.
(B) Search and rescue.
(C) Aids to navigation.
(D) Living marine resources (fisheries law
enforcement).
(E) Marine environmental protection.
(F) Ice operations.
(2) Homeland security missions.--The term ``homeland
security missions'' means the following missions of the
Coast Guard:
(A) Ports, waterways and coastal security.
(B) Drug interdiction.
(C) Migrant interdiction.
(D) Defense readiness.
(E) Other law enforcement.
(b) Transfer.--There are transferred to the Department the
authorities, functions, personnel, and assets of the Coast
Guard, which shall be maintained as a distinct entity within
the Department, including the authorities and functions of the
Secretary of Transportation relating thereto.
(c) Maintenance of Status of Functions and Assets.--
Notwithstanding any other provision of this Act, the
authorities, functions, and capabilities of the Coast Guard to
perform its missions shall be maintained intact and without
significant reduction after the transfer of the Coast Guard to
the Department, except as specified in subsequent Acts.
(d) Certain Transfers Prohibited.--No mission, function, or
asset (including for purposes of this subsection any ship,
aircraft, or helicopter) of the Coast Guard may be diverted to
the principal and continuing use of any other organization,
unit, or entity of the Department, except for details or
assignments that do not reduce the Coast Guard's capability to
perform its missions.
(e) Changes to Missions.--
(1) Prohibition.--The Secretary may not substantially
or significantly reduce the missions of the Coast Guard
or the Coast Guard's capability to perform those
missions, except as specified in subsequent Acts.
(2) Waiver.--The Secretary may waive the restrictions
under paragraph (1) for a period of not to exceed 90
days upon a declaration and certification by the
Secretary to Congress that a clear, compelling, and
immediate need exists for such a waiver. A
certification under this paragraph shall include a
detailed justification for the declaration and
certification, including the reasons and specific
information that demonstrate that the Nation and the
Coast Guard cannot respond effectively if the
restrictions under paragraph (1) are not waived.
(f) 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.
(g) 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.
[(h) Report on Accelerating the Integrated Deepwater
System.--Not later than 90 days after the date of enactment of
this Act, the Secretary, in consultation with the Commandant of
the Coast Guard, shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committees on Appropriations of the
Senate and the House of Representatives that--
[(1) analyzes the feasibility of accelerating the
rate of procurement in the Coast Guard's Integrated
Deepwater System from 20 years to 10 years;
[(2) includes an estimate of additional resources
required;
[(3) describes the resulting increased capabilities;
[(4) outlines any increases in the Coast Guard's
homeland security readiness;
[(5) describes any increases in operational
efficiencies; and
[(6) provides a revised asset phase-in time line.]
* * * * * * *
[SEC. 889. HOMELAND SECURITY FUNDING ANALYSIS IN PRESIDENT'S BUDGET.
[(a) In General.Section 1105(a) of title 31, United States
Code, is amended by adding at the end the following:
[``(33)(A)(i) a detailed, separate analysis, by
budget function, by agency, and by initiative area (as
determined by the administration) for the prior fiscal
year, the current fiscal year, the fiscal years for
which the budget is submitted, and the ensuing fiscal
year identifying the amounts of gross and net
appropriations or obligational authority and outlays
that contribute to homeland security, with separate
displays for mandatory and discretionary amounts,
including--
[``(I) summaries of the total amount of such
appropriations or new obligational authority
and outlays requested for homeland security;
[``(II) an estimate of the current service
levels of homeland security spending;
[``(III) the most recent risk assessment and
summary of homeland security needs in each
initiative area (as determined by the
administration); and
[``(IV) an estimate of user fees collected by
the Federal Government on behalf of homeland
security activities;
[``(ii) with respect to subclauses (I) through (IV)
of clause (i), amounts shall be provided by account for
each program, project and activity; and
[``(iii) an estimate of expenditures for homeland
security activities by State and local governments and
the private sector for the prior fiscal year and the
current fiscal year.
[``(B) In this paragraph, consistent with the Office
of Management and Budget's June 2002 `Annual Report to
Congress on Combatting Terrorism', the term `homeland
security' refers to those activities that detect,
deter, protect against, and respond to terrorist
attacks occurring within the United States and its
territories.
[``(C) In implementing this paragraph, including
determining what Federal activities or accounts
constitute homeland security for purposes of budgetary
classification, the Office of Management and Budget is
directed to consult periodically, but at least
annually, with the House and Senate Budget Committees,
the House and Senate Appropriations Committees, and the
Congressional Budget Office.''.
[(b) Repeal of Duplicative Reports.The following sections are
repealed:
[(1) Section 1051 of Public Law 105-85.
[(2) Section 1403 of Public Law 105-261.
[(c) Effective Date.--This section and the amendment made by
this section shall apply beginning with respect to the fiscal
year 2005 budget submission.]
SEC. [890A.] 889. CYBER CRIMES CENTER, CHILD EXPLOITATION
INVESTIGATIONS UNIT, COMPUTER FORENSICS UNIT, AND
CYBER CRIMES UNIT.
(a) Cyber Crimes Center.--
(1) In general.--The Secretary shall operate, within
United States Immigration and Customs Enforcement, a
Cyber Crimes Center (referred to in this section as the
``Center'').
(2) Purpose.--The purpose of the Center shall be to
provide investigative assistance, training, and
equipment to support United States Immigration and
Customs Enforcement's domestic and international
investigations of cyber-related crimes.
(b) Child Exploitation Investigations Unit.--
(1) In general.--The Secretary shall operate, within
the Center, a Child Exploitation Investigations Unit
(referred to in this subsection as the ``CEIU'').
(2) Functions.--The CEIU--
(A) shall coordinate all United States
Immigration and Customs Enforcement child
exploitation initiatives, including
investigations into--
(i) child exploitation;
(ii) child pornography;
(iii) child victim identification;
(iv) traveling child sex offenders;
and
(v) forced child labor, including the
sexual exploitation of minors;
(B) shall, among other things, focus on--
(i) child exploitation prevention;
(ii) investigative capacity building;
(iii) enforcement operations; and
(iv) training for Federal, State,
local, tribal, and foreign law
enforcement agency personnel, upon
request;
(C) shall provide training, technical
expertise, support, or coordination of child
exploitation investigations, as needed, to
cooperating law enforcement agencies and
personnel;
(D) shall provide psychological support and
counseling services for United States
Immigration and Customs Enforcement personnel
engaged in child exploitation prevention
initiatives, including making available other
existing services to assist employees who are
exposed to child exploitation material during
investigations;
(E) is authorized to collaborate with the
Department of Defense and the National
Association to Protect Children for the purpose
of the recruiting, training, equipping and
hiring of wounded, ill, and injured veterans
and transitioning service members, through the
Human Exploitation Rescue Operative (HERO)
Child Rescue Corps program; and
(F) shall collaborate with other
governmental, nongovernmental, and nonprofit
entities approved by the Secretary for the
sponsorship of, and participation in, outreach
and training activities.
(3) Data collection.--The CEIU shall collect and
maintain data concerning--
(A) the total number of suspects identified
by United States Immigration and Customs
Enforcement;
(B) the number of arrests by United States
Immigration and Customs Enforcement,
disaggregated by type, including--
(i) the number of victims identified
through investigations carried out by
United States Immigration and Customs
Enforcement; and
(ii) the number of suspects arrested
who were in positions of trust or
authority over children;
(C) the number of cases opened for
investigation by United States Immigration and
Customs Enforcement; and
(D) the number of cases resulting in a
Federal, State, foreign, or military
prosecution.
(4) Availability of data to congress.--In addition to
submitting the reports required under paragraph (7),
the CEIU shall make the data collected and maintained
under paragraph (3) available to the committees of
Congress described in paragraph (7).
(5) Cooperative agreements.--The CEIU is authorized
to enter into cooperative agreements to accomplish the
functions set forth in paragraphs (2) and (3).
(6) Acceptance of gifts.--
(A) In general.--The Secretary is authorized
to accept monies and in-kind donations from the
Virtual Global Taskforce, national
laboratories, Federal agencies, not-for-profit
organizations, and educational institutions to
create and expand public awareness campaigns in
support of the functions of the CEIU.
(B) Exemption from federal acquisition
regulation.--Gifts authorized under
subparagraph (A) shall not be subject to the
Federal Acquisition Regulation for competition
when the services provided by the entities
referred to in such subparagraph are donated or
of minimal cost to the Department.
(7) Reports.--Not later than 1 year after the date of
the enactment of the HERO Act of 2015, and annually for
the following 4 years, the CEIU shall--
(A) submit a report containing a summary of
the data collected pursuant to paragraph (3)
during the previous year to--
(i) the Committee on Homeland
Security and Governmental Affairs of
the Senate;
(ii) the Committee on the Judiciary
of the Senate;
(iii) the Committee on Appropriations
of the Senate;
(iv) the Committee on Homeland
Security of the House of
Representatives;
(v) the Committee on the Judiciary of
the House of Representatives; and
(vi) the Committee on Appropriations
of the House of Representatives; and
(B) make a copy of each report submitted
under subparagraph (A) publicly available on
the website of the Department.
(c) Computer Forensics Unit.--
(1) In general.--The Secretary shall operate, within
the Center, a Computer Forensics Unit (referred to in
this subsection as the ``CFU'').
(2) Functions.--The CFU--
(A) shall provide training and technical
support in digital forensics to--
(i) United States Immigration and
Customs Enforcement personnel; and
(ii) Federal, State, local, tribal,
military, and foreign law enforcement
agency personnel engaged in the
investigation of crimes within their
respective jurisdictions, upon request
and subject to the availability of
funds;
(B) shall provide computer hardware,
software, and forensic licenses for all
computer forensics personnel within United
States Immigration and Customs Enforcement;
(C) shall participate in research and
development in the area of digital forensics,
in coordination with appropriate components of
the Department; and
(D) is authorized to collaborate with the
Department of Defense and the National
Association to Protect Children for the purpose
of recruiting, training, equipping, and hiring
wounded, ill, and injured veterans and
transitioning service members, through the
Human Exploitation Rescue Operative (HERO)
Child Rescue Corps program.
(3) Cooperative agreements.--The CFU is authorized to
enter into cooperative agreements to accomplish the
functions set forth in paragraph (2).
(4) Acceptance of gifts.--
(A) In general.--The Secretary is authorized
to accept monies and in-kind donations from the
Virtual Global Task Force, national
laboratories, Federal agencies, not-for-profit
organizations, and educational institutions to
create and expand public awareness campaigns in
support of the functions of the CFU.
(B) Exemption from federal acquisition
regulation.--Gifts authorized under
subparagraph (A) shall not be subject to the
Federal Acquisition Regulation for competition
when the services provided by the entities
referred to in such subparagraph are donated or
of minimal cost to the Department.
(d) Cyber Crimes Unit.--
(1) In general.--The Secretary shall operate, within
the Center, a Cyber Crimes Unit (referred to in this
subsection as the ``CCU'').
(2) Functions.--The CCU--
(A) shall oversee the cyber security strategy
and cyber-related operations and programs for
United States Immigration and Customs
Enforcement;
(B) shall enhance United States Immigration
and Customs Enforcement's ability to combat
criminal enterprises operating on or through
the Internet, with specific focus in the areas
of--
(i) cyber economic crime;
(ii) digital theft of intellectual
property;
(iii) illicit e-commerce (including
hidden marketplaces);
(iv) Internet-facilitated
proliferation of arms and strategic
technology; and
(v) cyber-enabled smuggling and money
laundering;
(C) shall provide training and technical
support in cyber investigations to--
(i) United States Immigration and
Customs Enforcement personnel; and
(ii) Federal, State, local, tribal,
military, and foreign law enforcement
agency personnel engaged in the
investigation of crimes within their
respective jurisdictions, upon request
and subject to the availability of
funds;
(D) shall participate in research and
development in the area of cyber
investigations, in coordination with
appropriate components of the Department; and
(E) is authorized to recruit participants of
the Human Exploitation Rescue Operative (HERO)
Child Rescue Corps program for investigative
and forensic positions in support of the
functions of the CCU.
(3) Cooperative agreements.--The CCU is authorized to
enter into cooperative agreements to accomplish the
functions set forth in paragraph (2).
(e) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary such sums as are necessary to
carry out this section.
* * * * * * *
Subtitle I--Information Sharing
* * * * * * *
SEC. 892. FACILITATING HOMELAND SECURITY INFORMATION SHARING
PROCEDURES.
(a) Procedures for Determining Extent of Sharing of Homeland
Security Information.--
(1) The President shall prescribe and implement
procedures under which relevant Federal agencies--
(A) share relevant and appropriate homeland
security information with other Federal
agencies, including the Department, and
appropriate State and local personnel;
(B) identify and safeguard homeland security
information that is sensitive but unclassified;
and
(C) to the extent such information is in
classified form, determine whether, how, and to
what extent to remove classified information,
as appropriate, and with which such personnel
it may be shared after such information is
removed.
(2) The President shall ensure that such procedures
apply to all agencies of the Federal Government.
(3) Such procedures shall not change the substantive
requirements for the classification and safeguarding of
classified information.
(4) Such procedures shall not change the requirements
and authorities to protect sources and methods.
(b) Procedures for Sharing of Homeland Security
Information.--
(1) Under procedures prescribed by the President, all
appropriate agencies, including the intelligence
community, shall, through information sharing systems,
share homeland security information with Federal
agencies and appropriate State and local personnel to
the extent such information may be shared, as
determined in accordance with subsection (a), together
with assessments of the credibility of such
information.
(2) Each information sharing system through which
information is shared under paragraph (1) shall--
(A) have the capability to transmit
unclassified or classified information, though
the procedures and recipients for each
capability may differ;
(B) have the capability to restrict delivery
of information to specified subgroups by
geographic location, type of organization,
position of a recipient within an organization,
or a recipient's need to know such information;
(C) be configured to allow the efficient and
effective sharing of information; and
(D) be accessible to appropriate State and
local personnel.
(3) The procedures prescribed under paragraph (1)
shall establish conditions on the use of information
shared under paragraph (1)--
(A) to limit the redissemination of such
information to ensure that such information is
not used for an unauthorized purpose;
(B) to ensure the security and
confidentiality of such information;
(C) to protect the constitutional and
statutory rights of any individuals who are
subjects of such information; and
(D) to provide data integrity through the
timely removal and destruction of obsolete or
erroneous names and information.
(4) The procedures prescribed under paragraph (1)
shall ensure, to the greatest extent practicable, that
the information sharing system through which
information is shared under such paragraph include
existing information sharing systems, including, but
not limited to, the National Law Enforcement
Telecommunications System, the Regional Information
Sharing System, and the Terrorist Threat Warning System
of the Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as determined by
the President, shall have access to each information
sharing system through which information is shared
under paragraph (1), and shall therefore have access to
all information, as appropriate, shared under such
paragraph.
(6) The procedures prescribed under paragraph (1)
shall ensure that appropriate State and local personnel
are authorized to use such information sharing
systems--
(A) to access information shared with such
personnel; and
(B) to share, with others who have access to
such information sharing systems, the homeland
security information of their own
jurisdictions, which shall be marked
appropriately as pertaining to potential
terrorist activity.
(7) Under procedures prescribed jointly by the
[Director of Central Intelligence] Director of National
Intelligence and the Attorney General, each appropriate
Federal agency, as determined by the President, shall
review and assess the information shared under
paragraph (6) and integrate such information with
existing intelligence.
(c) Sharing of Classified Information and Sensitive but
Unclassified Information With State and Local Personnel.--
(1) The President shall prescribe procedures under
which Federal agencies may, to the extent the President
considers necessary, share with appropriate State and
local personnel homeland security information that
remains classified or otherwise protected after the
determinations prescribed under the procedures set
forth in subsection (a).
(2) It is the sense of Congress that such procedures
may include 1 or more of the following means:
(A) Carrying out security clearance
investigations with respect to appropriate
State and local personnel.
(B) With respect to information that is
sensitive but unclassified, entering into
nondisclosure agreements with appropriate State
and local personnel.
(C) Increased use of information-sharing
partnerships that include appropriate State and
local personnel, such as the Joint Terrorism
Task Forces of the Federal Bureau of
Investigation, the Anti-Terrorism Task Forces
of the Department of Justice, and regional
Terrorism Early Warning Groups.
(3)(A) The Secretary shall establish a program to
provide appropriate training to officials described in
subparagraph (B) in order to assist such officials in--
(i) identifying sources of potential
terrorist threats through such methods as the
Secretary determines appropriate;
(ii) reporting information relating to such
potential terrorist threats to the appropriate
Federal agencies in the appropriate form and
manner;
(iii) assuring that all reported information
is systematically submitted to and passed on by
the Department for use by appropriate Federal
agencies; and
(iv) understanding the mission and roles of
the intelligence community to promote more
effective information sharing among Federal,
State, and local officials and representatives
of the private sector to prevent terrorist
attacks against the United States.
(B) The officials referred to in subparagraph (A) are
officials of State and local government agencies and
representatives of private sector entities with
responsibilities relating to the oversight and
management of first responders, counterterrorism
activities, or critical infrastructure.
(C) The Secretary shall consult with the Attorney
General to ensure that the training program established
in subparagraph (A) does not duplicate the training
program established in section 908 of the USA PATRIOT
Act (Public Law 107-56; 28 U.S.C. 509 note).
(D) The Secretary shall carry out this paragraph in
consultation with the [Director of Central
Intelligence] Director of National Intelligence and the
Attorney General.
(d) Responsible Officials.--For each affected Federal agency,
the head of such agency shall designate an official to
administer this Act with respect to such agency.
(e) Federal Control of Information.--Under procedures
prescribed under this section, information obtained by a State
or local government from a Federal agency under this section
shall remain under the control of the Federal agency, and a
State or local law authorizing or requiring such a government
to disclose information shall not apply to such information.
(f) Definitions.--As used in this section:
(1) The term ``homeland security information'' means
any information possessed by a Federal, State, or local
agency that--
(A) relates to the threat of terrorist
activity;
(B) relates to the ability to prevent,
interdict, or disrupt terrorist activity;
(C) would improve the identification or
investigation of a suspected terrorist or
terrorist organization; or
(D) would improve the response to a terrorist
act.
(2) The term ``intelligence community'' has the
meaning given such term in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
(3) The term ``State and local personnel'' means any
of the following persons involved in prevention,
preparation, or response for terrorist attack:
(A) State Governors, mayors, and other
locally elected officials.
(B) State and local law enforcement personnel
and firefighters.
(C) Public health and medical professionals.
(D) Regional, State, and local emergency
management agency personnel, including State
adjutant generals.
(E) Other appropriate emergency response
agency personnel.
(F) Employees of private-sector entities that
affect critical infrastructure, cyber,
economic, or public health security, as
designated by the Federal Government in
procedures developed pursuant to this section.
(4) The term ``State'' includes the District of
Columbia and any commonwealth, territory, or possession
of the United States.
(g) Construction.--Nothing in this Act shall be construed as
authorizing any department, bureau, agency, officer, or
employee of the Federal Government to request, receive, or
transmit to any other Government entity or personnel, or
transmit to any State or local entity or personnel otherwise
authorized by this Act to receive homeland security
information, any information collected by the Federal
Government solely for statistical purposes in violation of any
other provision of law relating to the confidentiality of such
information.
[SEC. 893. REPORT.
[(a) Report Required.--Not later than 12 months after the
date of the enactment of this Act, the President shall submit
to the congressional committees specified in subsection (b) a
report on the implementation of section 892. The report shall
include any recommendations for additional measures or
appropriation requests, beyond the requirements of section 892,
to increase the effectiveness of sharing of information between
and among Federal, State, and local entities.
[(b) Specified Congressional Committees.--The congressional
committees referred to in subsection (a) are the following
committees:
[(1) The Permanent Select Committee on Intelligence
and the Committee on the Judiciary of the House of
Representatives.
[(2) The Select Committee on Intelligence and the
Committee on the Judiciary of the Senate.]
SEC. [894.] 893. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out section 892.
* * * * * * *
TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL
* * * * * * *
SEC. 903. MEMBERSHIP.
(a) Members.--The members of the Council shall be the
following:
(1) The President.
(2) The Vice President.
(3) The Secretary of Homeland Security.
(4) The Attorney General.
(5) The Secretary of Defense.
(6) Such other individuals as may be designated by
the President.
(b) Attendance of Chairman of Joint Chiefs of Staff at
Meetings.--The Chairman of the Joint Chiefs of Staff (or, in
the absence of the Chairman, the Vice Chairman of the Joint
Chiefs of Staff) may, in the role of the Chairman of the Joint
Chiefs of Staff as principal military adviser to the Council
and subject to the direction of the President, attend and
participate in meetings of the Council.
* * * * * * *
TITLE X--INFORMATION SECURITY
SEC. 1001. INFORMATION SECURITY.
(a) Short Title.--This title may be cited as the ``Federal
Information Security Management Act of 2002''.
(b) [Omitted amendatory text.]
(c) Information Security Responsibilities of Certain
Agencies.--
(1) National security responsibilities.--(A) Nothing
in this Act (including any amendment made by this Act)
shall supersede any authority of the Secretary of
Defense, the [Director of Central Intelligence]
Director of National Intelligence, or other agency
head, as authorized by law and as directed by the
President, with regard to the operation, control, or
management of national security systems, as defined by
section 3552(b)(5) of title 44, United States Code.
(2) Atomic energy act of 1954.--Nothing in this Act
shall supersede any requirement made by or under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
Restricted Data or Formerly Restricted Data shall be
handled, protected, classified, downgraded, and
declassified in conformity with the Atomic Energy Act
of 1954 (42 U.S.C. 2011 et seq.).
* * * * * * *
[TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION
[SEC. 1201. AIR CARRIER LIABILITY FOR THIRD PARTY CLAIMS ARISING OUT OF
ACTS OF TERRORISM
[Section 44303 of title 49, United States Code, is amended--
[(1) by inserting ``(a) In general.--'' before ``The
Secretary of Transportation'';
[(2) by moving the text of paragraph (2) of section
201(b) of the Air Transportation Safety and System
Stabilization Act (115 Stat. 235) to the end and
redesignating such paragraph as subsection (b);
[(3) in subsection (b) (as so redesignated)--
[(A) by striking the subsection heading and
inserting ``Air Carrier Liability for Third
Party Claims Arising Out of Acts of
Terrorism.--'';
[(B) in the first sentence by striking ``the
180-day period following the date of enactment
of this Act, the Secretary of Transportation''
and inserting ``the period beginning on
September 22, 2001, and ending on December 31,
2003, the Secretary''; and
[(C) in the last sentence by striking ``this
paragraph'' and inserting ``this subsection''.
[SEC. 1202. EXTENSION OF INSURANCE POLICIES
[Section 44302 of title 49, United States Code, is amended by
adding at the end the following:
[``(f) Extension of Policies.
[``(1) In general. The Secretary shall extend through
August 31, 2003, and may extend through December 31,
2003, the termination date of any insurance policy that
the Department of Transportation issued to an air
carrier under subsection (a) and that is in effect on
the date of enactment of this subsection on no less
favorable terms to the air carrier than existed on June
19, 2002; except that the Secretary shall amend the
insurance policy, subject to such terms and conditions
as the Secretary may prescribe, to add coverage for
losses or injuries to aircraft hulls, passengers, and
crew at the limits carried by air carriers for such
losses and injuries as of such date of enactment and at
an additional premium comparable to the premium charged
for third-party casualty coverage under such policy.
[``(2) Special rules. Notwithstanding paragraph (1)--
[``(A) in no event shall the total premium
paid by the air carrier for the policy, as
amended, be more than twice the premium that
the air carrier was paying to the Department of
Transportation for its third party policy as of
June 19, 2002; and
[``(B) the coverage in such policy shall
begin with the first dollar of any covered loss
that is incurred.''.
[SEC. 1203. CORRECTION OF REFERENCE
[Effective November 19, 2001, section 147 of the Aviation and
Transportation Security Act (Public Law 107-71) is amended by
striking ``(b)'' and inserting ``(c)''.
[SEC. 1204. REPORT.
[Not later than 90 days after the date of enactment of this
Act, the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that--
[(A) evaluates the availability and cost of
commercial war risk insurance for air carriers
and other aviation entities for passengers and
third parties;
[(B) analyzes the economic effect upon air
carriers and other aviation entities of
available commercial war risk insurance; and
[(C) describes the manner in which the
Department could provide an alternative means
of providing aviation war risk reinsurance
covering passengers, crew, and third parties
through use of a risk-retention group or by
other means.]
* * * * * * *
[TITLE XIV--ARMING PILOTS AGAINST TERRORISM
[SEC. 1401. SHORT TITLE.
[This title may be cited as the ``Arming Pilots Against
Terrorism Act''.
[SEC. 1402. FEDERAL FLIGHT DECK OFFICER PROGRAM.
[(a) In General.Subchapter I of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following:
[``SEC. 44921. FEDERAL FLIGHT DECK OFFICER PROGRAM
[``(a) Establishment.The Under Secretary of Transportation
for Security shall establish a program to deputize volunteer
pilots of air carriers providing passenger air transportation
or intrastate passenger air transportation as Federal law
enforcement officers to defend the flight decks of aircraft of
such air carriers against acts of criminal violence or air
piracy. Such officers shall be known as `Federal flight deck
officers'.
[``(b) Procedural Requirements.
[``(1) In general. Not later than 3 months after the
date of enactment of this section, the Under Secretary
shall establish procedural requirements to carry out
the program under this section.
[``(2) Commencement of program. Beginning 3 months
after the date of enactment of this section, the Under
Secretary shall begin the process of training and
deputizing pilots who are qualified to be Federal
flight deck officers as Federal flight deck officers
under the program.
[``(3) Issues to be addressed. The procedural
requirements established under paragraph (1) shall
address the following issues:
[``(A) The type of firearm to be used by a
Federal flight deck officer.
[``(B) The type of ammunition to be used by a
Federal flight deck officer.
[``(C) The standards and training needed to
qualify and requalify as a Federal flight deck
officer.
[``(D) The placement of the firearm of a
Federal flight deck officer on board the
aircraft to ensure both its security and its
ease of retrieval in an emergency.
[``(E) An analysis of the risk of
catastrophic failure of an aircraft as a result
of the discharge (including an accidental
discharge) of a firearm to be used in the
program into the avionics, electrical systems,
or other sensitive areas of the aircraft.
[``(F) The division of responsibility between
pilots in the event of an act of criminal
violence or air piracy if only 1 pilot is a
Federal flight deck officer and if both pilots
are Federal flight deck officers.
[``(G) Procedures for ensuring that the
firearm of a Federal flight deck officer does
not leave the cockpit if there is a disturbance
in the passenger cabin of the aircraft or if
the pilot leaves the cockpit for personal
reasons.
[``(H) Interaction between a Federal flight
deck officer and a Federal air marshal on board
the aircraft.
[``(I) The process for selection of pilots to
participate in the program based on their
fitness to participate in the program,
including whether an additional background
check should be required beyond that required
by section 44936(a)(1).
[``(J) Storage and transportation of firearms
between flights, including international
flights, to ensure the security of the
firearms, focusing particularly on whether such
security would be enhanced by requiring storage
of the firearm at the airport when the pilot
leaves the airport to remain overnight away
from the pilot's base airport.
[``(K) Methods for ensuring that security
personnel will be able to identify whether a
pilot is authorized to carry a firearm under
the program.
[``(L) Methods for ensuring that pilots
(including Federal flight deck officers) will
be able to identify whether a passenger is a
law enforcement officer who is authorized to
carry a firearm aboard the aircraft.
[``(M) Any other issues that the Under
Secretary considers necessary.
[``(N) The Under Secretary's decisions
regarding the methods for implementing each of
the foregoing procedural requirements shall be
subject to review only for abuse of discretion.
[``(4) Preference. In selecting pilots to participate
in the program, the Under Secretary shall give
preference to pilots who are former military or law
enforcement personnel.
[``(5) Classified information. Notwithstanding
section 552 of title 5 but subject to section 40119 of
this title, information developed under paragraph
(3)(E) shall not be disclosed.
[``(6) Notice to congress. The Under Secretary shall
provide notice to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate after completing the analysis required by
paragraph (3)(E).
[``(7) Minimization of risk. If the Under Secretary
determines as a result of the analysis under paragraph
(3)(E) that there is a significant risk of the
catastrophic failure of an aircraft as a result of the
discharge of a firearm, the Under Secretary shall take
such actions as may be necessary to minimize that risk.
[``(c) Training, Supervision, and Equipment.
[``(1) In general. The Under Secretary shall only be
obligated to provide the training, supervision, and
equipment necessary for a pilot to be a Federal flight
deck officer under this section at no expense to the
pilot or the air carrier employing the pilot.
[``(2) Training.
[``(A) In general. The Under Secretary shall
base the requirements for the training of
Federal flight deck officers under subsection
(b) on the training standards applicable to
Federal air marshals; except that the Under
Secretary shall take into account the differing
roles and responsibilities of Federal flight
deck officers and Federal air marshals.
[``(B) Elements. The training of a Federal
flight deck officer shall include, at a
minimum, the following elements:
[``(i) Training to ensure that the
officer achieves the level of
proficiency with a firearm required
under subparagraph (C)(i).
[``(ii) Training to ensure that the
officer maintains exclusive control
over the officer's firearm at all
times, including training in defensive
maneuvers.
[``(iii) Training to assist the
officer in determining when it is
appropriate to use the officer's
firearm and when it is appropriate to
use less than lethal force.
[``(C) Training in use of firearms.
[``(i) Standard. In order to be
deputized as a Federal flight deck
officer, a pilot must achieve a level
of proficiency with a firearm that is
required by the Under Secretary. Such
level shall be comparable to the level
of proficiency required of Federal air
marshals.
[``(ii) Conduct of training. The
training of a Federal flight deck
officer in the use of a firearm may be
conducted by the Under Secretary or by
a firearms training facility approved
by the Under Secretary.
[``(iii) Requalification. The Under
Secretary shall require a Federal
flight deck officer to requalify to
carry a firearm under the program. Such
requalification shall occur at an
interval required by the Under
Secretary.
[``(d) Deputization.
[``(1) In general. The Under Secretary may deputize,
as a Federal flight deck officer under this section, a
pilot who submits to the Under Secretary a request to
be such an officer and whom the Under Secretary
determines is qualified to be such an officer.
[``(2) Qualification. A pilot is qualified to be a
Federal flight deck officer under this section if--
[``(A) the pilot is employed by an air
carrier;
[``(B) the Under Secretary determines (in the
Under Secretary's discretion) that the pilot
meets the standards established by the Under
Secretary for being such an officer; and
[``(C) the Under Secretary determines that
the pilot has completed the training required
by the Under Secretary.
[``(3) Deputization by other federal agencies. The
Under Secretary may request another Federal agency to
deputize, as Federal flight deck officers under this
section, those pilots that the Under Secretary
determines are qualified to be such officers.
[``(4) Revocation. The Under Secretary may, (in the
Under Secretary's discretion) revoke the deputization
of a pilot as a Federal flight deck officer if the
Under Secretary finds that the pilot is no longer
qualified to be such an officer.
[``(e) Compensation.Pilots participating in the program under
this section shall not be eligible for compensation from the
Federal Government for services provided as a Federal flight
deck officer. The Federal Government and air carriers shall not
be obligated to compensate a pilot for participating in the
program or for the pilot's training or qualification and
requalification to carry firearms under the program.
[``(f) Authority To Carry Firearms.
[``(1) In general. The Under Secretary shall
authorize a Federal flight deck officer to carry a
firearm while engaged in providing air transportation
or intrastate air transportation. Notwithstanding
subsection (c)(1), the officer may purchase a firearm
and carry that firearm aboard an aircraft of which the
officer is the pilot in accordance with this section if
the firearm is of a type that may be used under the
program.
[``(2) Preemption. Notwithstanding any other
provision of Federal or State law, a Federal flight
deck officer, whenever necessary to participate in the
program, may carry a firearm in any State and from 1
State to another State.
[``(3) Carrying firearms outside united states. In
consultation with the Secretary of State, the Under
Secretary may take such action as may be necessary to
ensure that a Federal flight deck officer may carry a
firearm in a foreign country whenever necessary to
participate in the program.
[``(g) Authority To Use Force.Notwithstanding section
44903(d), the Under Secretary shall prescribe the standards and
circumstances under which a Federal flight deck officer may
use, while the program under this section is in effect, force
(including lethal force) against an individual in the defense
of the flight deck of an aircraft in air transportation or
intrastate air transportation.
[``(h) Limitation on Liability.
[``(1) Liability of air carriers. An air carrier
shall not be liable for damages in any action brought
in a Federal or State court arising out of a Federal
flight deck officer's use of or failure to use a
firearm.
[``(2) Liability of federal flight deck officers. A
Federal flight deck officer shall not be liable for
damages in any action brought in a Federal or State
court arising out of the acts or omissions of the
officer in defending the flight deck of an aircraft
against acts of criminal violence or air piracy unless
the officer is guilty of gross negligence or willful
misconduct.
[``(3) Liability of federal government. For purposes
of an action against the United States with respect to
an act or omission of a Federal flight deck officer in
defending the flight deck of an aircraft, the officer
shall be treated as an employee of the Federal
Government under chapter 171 of title 28, relating to
tort claims procedure.
[``(i) Procedures Following Accidental Discharges.If an
accidental discharge of a firearm under the pilot program
results in the injury or death of a passenger or crew member on
an aircraft, the Under Secretary--
[``(1) shall revoke the deputization of the Federal
flight deck officer responsible for that firearm if the
Under Secretary determines that the discharge was
attributable to the negligence of the officer; and
[``(2) if the Under Secretary determines that a
shortcoming in standards, training, or procedures was
responsible for the accidental discharge, the Under
Secretary may temporarily suspend the program until the
shortcoming is corrected.
[``(j) Limitation on Authority of Air Carriers.No air carrier
shall prohibit or threaten any retaliatory action against a
pilot employed by the air carrier from becoming a Federal
flight deck officer under this section. No air carrier shall--
[``(1) prohibit a Federal flight deck officer from
piloting an aircraft operated by the air carrier; or
[``(2) terminate the employment of a Federal flight
deck officer, solely on the basis of his or her
volunteering for or participating in the program under
this section.
[``(k) Applicability.
[``(1) Exemption. This section shall not apply to air
carriers operating under part 135 of title 14, Code of
Federal Regulations, and to pilots employed by such
carriers to the extent that such carriers and pilots
are covered by section 135.119 of such title or any
successor to such section.
[``(2) Pilot defined. The term `pilot' means an
individual who has final authority and responsibility
for the operation and safety of the flight or, if more
than 1 pilot is required for the operation of the
aircraft or by the regulations under which the flight
is being conducted, the individual designated as second
in command.''.
[(b) Conforming Amendments.
[(1) Chapter analysis. The analysis for such chapter
is amended by inserting after the item relating to
section 44920 the following:
[``44921.Federal flight deck officer program.]''.
[(2) Flight deck security. Section 128 of the
Aviation and Transportation Security Act (Public Law
107-71) is repealed.
[(c) Federal Air Marshal Program.--
[(1) Sense of congress.--It is the sense of Congress
that the Federal air marshal program is critical to
aviation security.
[(2) Limitation on statutory construction.--Nothing
in this Act, including any amendment made by this Act,
shall be construed as preventing the Under Secretary of
Transportation for Security from implementing and
training Federal air marshals.
[SEC. 1403. CREW TRAINING.
[(a) In General.Section 44918(e) of title 49, United States
Code, is amended--
[(1) by striking ``The Administrator'' and inserting
the following:
[``(1) In general. The Under Secretary'';
[(2) by adding at the end the following:
[``(2) Additional requirements. In updating the
training guidance, the Under Secretary, in consultation
with the Administrator, shall issue a rule to--
[``(A) require both classroom and effective
hands-on situational training in the following
elements of self defense:
[``(i) recognizing suspicious
activities and determining the
seriousness of an occurrence;
[``(ii) deterring a passenger who
might present a problem;
[``(iii) crew communication and
coordination;
[``(iv) the proper commands to give
to passengers and attackers;
[``(v) methods to subdue and restrain
an attacker;
[``(vi) use of available items aboard
the aircraft for self-defense;
[``(vii) appropriate and effective
responses to defend oneself, including
the use of force against an attacker;
[``(viii) use of protective devices
assigned to crew members (to the extent
such devices are approved by the
Administrator or Under Secretary);
[``(ix) the psychology of terrorists
to cope with their behavior and
passenger responses to that behavior;
and
[``(x) how to respond to aircraft
maneuvers that may be authorized to
defend against an act of criminal
violence or air piracy;
[``(B) require training in the proper conduct
of a cabin search, including the duty time
required to conduct the search;
[``(C) establish the required number of hours
of training and the qualifications for the
training instructors;
[``(D) establish the intervals, number of
hours, and elements of recurrent training;
[``(E) ensure that air carriers provide the
initial training required by this paragraph
within 24 months of the date of enactment of
this subparagraph; and
[``(F) ensure that no person is required to
participate in any hands-on training activity
that that person believes will have an adverse
impact on his or her health or safety.
[``(3) Responsibility of under secretary.(A)
Consultation. In developing the rule under paragraph
(2), the Under Secretary shall consult with law
enforcement personnel and security experts who have
expertise in self-defense training, terrorism experts,
and representatives of air carriers, the provider of
self-defense training for Federal air marshals, flight
attendants, labor organizations representing flight
attendants, and educational institutions offering law
enforcement training programs.
[``(B) Designation of official. The Under Secretary
shall designate an official in the Transportation
Security Administration to be responsible for
overseeing the implementation of the training program
under this subsection.
[``(C) Necessary resources and knowledge. The Under
Secretary shall ensure that employees of the
Administration responsible for monitoring the training
program have the necessary resources and knowledge.'';
and
[(3) by aligning the remainder of the text of
paragraph (1) (as designated by paragraph (1) of this
section) with paragraphs (2) and (3) (as added by
paragraph (2) of this section).
[(b) Enhance Security Measures.Section 109(a) of the Aviation
and Transportation Security Act (49 U.S.C. 114 note; 115 Stat.
613-614) is amended by adding at the end the following:
[``(9) Require that air carriers provide flight
attendants with a discreet, hands-free, wireless method
of communicating with the pilots.''.
[(c) Benefits and Risks of Providing Flight Attendants With
Nonlethal Weapons.--
[(1) Study.--The Under Secretary of Transportation
for Security shall conduct a study to evaluate the
benefits and risks of providing flight attendants with
nonlethal weapons to aide in combating air piracy and
criminal violence on commercial airlines.
[(2) Report.--Not later than 6 months after the date
of enactment of this Act, the Under Secretary shall
transmit to Congress a report on the results of the
study.
[SEC. 1404. COMMERCIAL AIRLINE SECURITY STUDY.
[(a) Study.--The Secretary of Transportation shall conduct a
study of the following:
[(1) The number of armed Federal law enforcement
officers (other than Federal air marshals), who travel
on commercial airliners annually and the frequency of
their travel.
[(2) The cost and resources necessary to provide such
officers with supplemental training in aircraft anti-
terrorism training that is comparable to the training
that Federal air marshals are provided.
[(3) The cost of establishing a program at a Federal
law enforcement training center for the purpose of
providing new Federal law enforcement recruits with
standardized training comparable to the training that
Federal air marshals are provided.
[(4) The feasibility of implementing a certification
program designed for the purpose of ensuring Federal
law enforcement officers have completed the training
described in paragraph (2) and track their travel over
a 6-month period.
[(5) The feasibility of staggering the flights of
such officers to ensure the maximum amount of flights
have a certified trained Federal officer on board.
[(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study. The report may be
submitted in classified and redacted form.
[SEC. 1405. AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THAN-LETHAL
WEAPONS
[(a) In General.Section 44903(i) of title 49, United States
Code (as redesignated by section 6 of this Act) is amended by
adding at the end the following:
[``(3) Request of air carriers to use less-than-
lethal weapons. If, after the date of enactment of this
paragraph, the Under Secretary receives a request from
an air carrier for authorization to allow pilots of the
air carrier to carry less-than-lethal weapons, the
Under Secretary shall respond to that request within 90
days.''.
[(b) Conforming Amendments.Such section is further amended--
[(1) in paragraph (1) by striking ``Secretary'' the
first and third places it appears and inserting ``Under
Secretary''; and
[(2) in paragraph (2) by striking ``Secretary'' each
place it appears and inserting ``Under Secretary''.
[SEC. 1406. TECHNICAL AMENDMENTS
[Section 44903 of title 49, United States Code, is amended--
[(1) by redesignating subsection (i) (relating to
short-term assessment and deployment of emerging
security technologies and procedures) as subsection
(j);
[(2) by redesignating the second subsection (h)
(relating to authority to arm flight deck crew with
less-than-lethal weapons) as subsection (i); and
[(3) by redesignating the third subsection (h)
(relating to limitation on liability for acts to thwart
criminal violence for aircraft piracy) as subsection
(k).]
* * * * * * *
TITLE XV--TRANSITION
Subtitle A--Reorganization Plan
* * * * * * *
[SEC. 1502. REORGANIZATION PLAN.
[(a) Submission of Plan.--Not later than 60 days after the
date of the enactment of this Act, the President shall transmit
to the appropriate congressional committees a reorganization
plan regarding the following:
[(1) The transfer of agencies, personnel, assets, and
obligations to the Department pursuant to this Act.
[(2) Any consolidation, reorganization, or
streamlining of agencies transferred to the Department
pursuant to this Act.
[(b) Plan Elements.--The plan transmitted under subsection
(a) shall contain, consistent with this Act, such elements as
the President deems appropriate, including the following:
[(1) Identification of any functions of agencies
transferred to the Department pursuant to this Act that
will not be transferred to the Department under the
plan.
[(2) Specification of the steps to be taken by the
Secretary to organize the Department, including the
delegation or assignment of functions transferred to
the Department among officers of the Department in
order to permit the Department to carry out the
functions transferred under the plan.
[(3) Specification of the funds available to each
agency that will be transferred to the Department as a
result of transfers under the plan.
[(4) Specification of the proposed allocations within
the Department of unexpended funds transferred in
connection with transfers under the plan.
[(5) Specification of any proposed disposition of
property, facilities, contracts, records, and other
assets and obligations of agencies transferred under
the plan.
[(6) Specification of the proposed allocations within
the Department of the functions of the agencies and
subdivisions that are not related directly to securing
the homeland.
[(c) Modification of Plan.--The President may, on the basis
of consultations with the appropriate congressional committees,
modify or revise any part of the plan until that part of the
plan becomes effective in accordance with subsection (d).
[(d) Effective Date.--
[(1) In general.--The reorganization plan described
in this section, including any modifications or
revisions of the plan under subsection (d), shall
become effective for an agency on the earlier of--
[(A) the date specified in the plan (or the
plan as modified pursuant to subsection (d)),
except that such date may not be earlier than
90 days after the date the President has
transmitted the reorganization plan to the
appropriate congressional committees pursuant
to subsection (a); or
[(B) the end of the transition period.
[(2) Statutory construction.--Nothing in this
subsection may be construed to require the transfer of
functions, personnel, records, balances of
appropriations, or other assets of an agency on a
single date.
[(3) Supersedes existing law.--Paragraph (1) shall
apply notwithstanding section 905(b) of title 5, United
States Code.]
SEC. [1503.] 1502. REVIEW OF CONGRESSIONAL COMMITTEE STRUCTURES.
It is the sense of Congress that each House of Congress
should review its committee structure in light of the
reorganization of responsibilities within the executive branch
by the establishment of the Department.
* * * * * * *
TITLE XVI--TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--Transportation Security Administration Acquisition
Improvements
SEC. 1611. 5-YEAR TECHNOLOGY INVESTMENT PLAN.
(a) In General.--The Administrator shall--
(1) not later than 180 days after the date of the
enactment of the Transportation Security Acquisition
Reform Act, develop and submit to Congress a strategic
5-year technology investment plan, that may include a
classified addendum to report sensitive transportation
security risks, technology vulnerabilities, or other
sensitive security information; and
(2) to the extent possible, publish the Plan in an
unclassified format in the public domain.
(b) Consultation.--The Administrator shall develop the Plan
in consultation with--
(1) the Under Secretary for Management;
(2) the Under Secretary for Science and Technology;
(3) the Chief Information Officer; and
(4) the aviation industry stakeholder advisory
committee established by the Administrator.
(c) Approval.--The Administrator may not publish the Plan
under subsection (a)(2) until it has been approved by the
Secretary.
(d) Contents of Plan.--The Plan shall include--
(1) an analysis of transportation security risks and
the associated capability gaps that would be best
addressed by security-related technology, including
consideration of the most recent quadrennial homeland
security review under [section 707] section 706;
(2) a set of security-related technology acquisition
needs that--
(A) is prioritized based on risk and
associated capability gaps identified under
paragraph (1); and
(B) includes planned technology programs and
projects with defined objectives, goals,
timelines, and measures;
(3) an analysis of current and forecast trends in
domestic and international passenger travel;
(4) an identification of currently deployed security-
related technologies that are at or near the end of
their lifecycles;
(5) an identification of test, evaluation, modeling,
and simulation capabilities, including target
methodologies, rationales, and timelines necessary to
support the acquisition of the security-related
technologies expected to meet the needs under paragraph
(2);
(6) an identification of opportunities for public-
private partnerships, small and disadvantaged company
participation, intragovernment collaboration,
university centers of excellence, and national
laboratory technology transfer;
(7) an identification of the Administration's
acquisition workforce needs for the management of
planned security-related technology acquisitions,
including consideration of leveraging acquisition
expertise of other Federal agencies;
(8) an identification of the security resources,
including information security resources, that will be
required to protect security-related technology from
physical or cyber theft, diversion, sabotage, or
attack;
(9) an identification of initiatives to streamline
the Administration's acquisition process and provide
greater predictability and clarity to small, medium,
and large businesses, including the timeline for
testing and evaluation;
(10) an assessment of the impact to commercial
aviation passengers;
(11) a strategy for consulting airport management,
air carrier representatives, and Federal security
directors whenever an acquisition will lead to the
removal of equipment at airports, and how the strategy
for consulting with such officials of the relevant
airports will address potential negative impacts on
commercial passengers or airport operations; and
(12) in consultation with the National Institutes of
Standards and Technology, an identification of
security-related technology interface standards, in
existence or if implemented, that could promote more
interoperable passenger, baggage, and cargo screening
systems.
(e) Leveraging the Private Sector.--To the extent possible,
and in a manner that is consistent with fair and equitable
practices, the Plan shall--
(1) leverage emerging technology trends and research
and development investment trends within the public and
private sectors;
(2) incorporate private sector input, including from
the aviation industry stakeholder advisory committee
established by the Administrator, through requests for
information, industry days, and other innovative means
consistent with the Federal Acquisition Regulation; and
(3) in consultation with the Under Secretary for
Science and Technology, identify technologies in
existence or in development that, with or without
adaptation, are expected to be suitable to meeting
mission needs.
(f) Disclosure.--The Administrator shall include with the
Plan a list of nongovernment persons that contributed to the
writing of the Plan.
(g) Update and Report.--Beginning 2 years after the date the
Plan is submitted to Congress under subsection (a), and
biennially thereafter, the Administrator shall submit to
Congress--
(1) an update of the Plan; and
(2) a report on the extent to which each security-
related technology acquired by the Administration since
the last issuance or update of the Plan is consistent
with the planned technology programs and projects
identified under subsection (d)(2) for that security-
related technology.
* * * * * * *
TITLE XVIII--EMERGENCY COMMUNICATIONS
SEC. 1801. OFFICE OF EMERGENCY COMMUNICATIONS.
(a) In General.--There is established in the Department an
Office of Emergency Communications.
(b) Director.--The head of the office shall be the Director
for Emergency Communications. The Director shall report to the
Assistant Secretary for Cybersecurity and Communications.
(c) Responsibilities.--The Director for Emergency
Communications shall--
(1) assist the Secretary in developing and
implementing the program described in section
7303(a)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(a)(1)), except as
provided in section 314;
(2) administer the Department's responsibilities and
authorities relating to the SAFECOM Program, excluding
elements related to research, development, testing, and
evaluation and standards;
(3) administer the Department's responsibilities and
authorities relating to the Integrated Wireless Network
program;
(4) conduct extensive, nationwide outreach to support
and promote the ability of emergency response providers
and relevant government officials to continue to
communicate in the event of natural disasters, acts of
terrorism, and other man-made disasters;
(5) conduct extensive, nationwide outreach and foster
the development of interoperable emergency
communications capabilities by State, regional, local,
and tribal governments and public safety agencies, and
by regional consortia thereof;
(6) provide technical assistance to State, regional,
local, and tribal government officials with respect to
use of interoperable emergency communications
capabilities;
(7) coordinate with the Regional Administrators
regarding the activities of Regional Emergency
Communications Coordination Working Groups under
section 1805;
(8) promote the development of standard operating
procedures and best practices with respect to use of
interoperable emergency communications capabilities for
incident response, and facilitate the sharing of
information on such best practices for achieving,
maintaining, and enhancing interoperable emergency
communications capabilities for such response;
(9) coordinate, in cooperation with the National
Communications System, the establishment of a national
response capability with initial and ongoing planning,
implementation, and training for the deployment of
communications equipment for relevant State, local, and
tribal governments and emergency response providers in
the event of a catastrophic loss of local and regional
emergency communications services;
(10) assist the President, the National Security
Council, the Homeland Security Council, and the
Director of the Office of Management and Budget in
ensuring the continued operation of the
telecommunications functions and responsibilities of
the Federal Government, excluding spectrum management;
(11) establish, in coordination with the Director of
the Office for Interoperability and Compatibility,
requirements for interoperable emergency communications
capabilities, which shall be nonproprietary where
standards for such capabilities exist, for all public
safety radio and data communications systems and
equipment purchased using homeland security assistance
administered by the Department, excluding any alert and
warning device, technology, or system;
(12) review, in consultation with the [Assistant
Secretary for Grants and Training] Administrator of the
Federal Emergency Management Agency, all interoperable
emergency communications plans of Federal, State,
local, and tribal governments, including Statewide and
tactical interoperability plans, developed pursuant to
homeland security assistance administered by the
Department, but excluding spectrum allocation and
management related to such plans;
(13) develop and update periodically, as appropriate,
a National Emergency Communications Plan under section
1802;
(14) perform such other duties of the Department
necessary to support and promote the ability of
emergency response providers and relevant government
officials to continue to communicate in the event of
natural disasters, acts of terrorism, and other man-
made disasters; and
(15) perform other duties of the Department necessary
to achieve the goal of and maintain and enhance
interoperable emergency communications capabilities.
(d) Performance of Previously Transferred Functions.--The
Secretary shall transfer to, and administer through, the
Director for Emergency Communications the following programs
and responsibilities:
(1) The SAFECOM Program, excluding elements related
to research, development, testing, and evaluation and
standards.
(2) The responsibilities of the Chief Information
Officer related to the implementation of the Integrated
Wireless Network.
(3) The Interoperable Communications Technical
Assistance Program.
(e) Coordination.--The Director for Emergency Communications
shall coordinate--
(1) as appropriate, with the Director of the Office
for Interoperability and Compatibility with respect to
the responsibilities described in section 314; and
(2) with the Administrator of the Federal Emergency
Management Agency with respect to the responsibilities
described in this title.
(f) Sufficiency of Resources Plan.--
(1) Report.--Not later than 120 days after the date
of enactment of this section, the Secretary shall
submit to Congress a report on the resources and staff
necessary to carry out fully the responsibilities under
this title.
(2) Comptroller general review.--The Comptroller
General shall review the validity of the report
submitted by the Secretary under paragraph (1). Not
later than 60 days after the date on which such report
is submitted, the Comptroller General shall submit to
Congress a report containing the findings of such
review.
* * * * * * *
SEC. 1804. COORDINATION OF DEPARTMENT EMERGENCY COMMUNICATIONS GRANT
PROGRAMS.
(a) Coordination of Grants and Standards Programs.--The
Secretary, acting through the Director for Emergency
Communications, shall ensure that grant guidelines for the use
of homeland security assistance administered by the Department
relating to interoperable emergency communications are
coordinated and consistent with the goals and recommendations
in the National Emergency Communications Plan under section
1802.
(b) Denial of Eligibility for Grants.--
(1) In general.--The Secretary, acting through the
[Assistant Secretary for Grants and Planning]
Administrator of the Federal Emergency Management
Agency, and in consultation with the Director for
Emergency Communications, may prohibit any State,
local, or tribal government from using homeland
security assistance administered by the Department to
achieve, maintain, or enhance emergency communications
capabilities, if--
(A) such government has not complied with the
requirement to submit a Statewide Interoperable
Communications Plan as required by section
7303(f) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C.
194(f));
(B) such government has proposed to upgrade
or purchase new equipment or systems that do
not meet or exceed any applicable national
voluntary consensus standards and has not
provided a reasonable explanation of why such
equipment or systems will serve the needs of
the applicant better than equipment or systems
that meet or exceed such standards; and
(C) as of the date that is 3 years after the
date of the completion of the initial National
Emergency Communications Plan under section
1802, national voluntary consensus standards
for interoperable emergency communications
capabilities have not been developed and
promulgated.
(2) Standards.--The Secretary, in coordination with
the Federal Communications Commission, the National
Institute of Standards and Technology, and other
Federal departments and agencies with responsibility
for standards, shall support the development,
promulgation, and updating as necessary of national
voluntary consensus standards for interoperable
emergency communications.
* * * * * * *
TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
* * * * * * *
SEC. 1902. MISSION OF OFFICE.
(a) Mission.--The Office shall be responsible for
coordinating Federal efforts to detect and protect against the
unauthorized importation, possession, storage, transportation,
development, or use of a nuclear explosive device, fissile
material, or radiological material in the United States, and to
protect against attack using such devices or materials against
the people, territory, or interests of the United States and,
to this end, shall--
(1) serve as the primary entity of the United States
Government to further develop, acquire, and support the
deployment of an enhanced domestic system to detect and
report on attempts to import, possess, store,
transport, develop, or use an unauthorized nuclear
explosive device, fissile material, or radiological
material in the United States, and improve that system
over time;
(2) enhance and coordinate the nuclear detection
efforts of Federal, State, local, and tribal
governments and the private sector to ensure a managed,
coordinated response;
(3) establish, with the approval of the Secretary and
in coordination with the Attorney General, the
Secretary of Defense, and the Secretary of Energy,
additional protocols and procedures for use within the
United States to ensure that the detection of
unauthorized nuclear explosive devices, fissile
material, or radiological material is promptly reported
to the Attorney General, the Secretary, the Secretary
of Defense, the Secretary of Energy, and other
appropriate officials or their respective designees for
appropriate action by law enforcement, military,
emergency response, or other authorities;
(4) develop, with the approval of the Secretary and
in coordination with the Attorney General, the
Secretary of State, the Secretary of Defense, and the
Secretary of Energy, an enhanced global nuclear
detection architecture with implementation under
which--
(A) the Office will be responsible for the
implementation of the domestic portion of the
global architecture;
(B) the Secretary of Defense will retain
responsibility for implementation of Department
of Defense requirements within and outside the
United States; and
(C) the Secretary of State, the Secretary of
Defense, and the Secretary of Energy will
maintain their respective responsibilities for
policy guidance and implementation of the
portion of the global architecture outside the
United States, which will be implemented
consistent with applicable law and relevant
international arrangements;
(5) ensure that the expertise necessary to accurately
interpret detection data is made available in a timely
manner for all technology deployed by the Office to
implement the global nuclear detection architecture;
(6) conduct, support, coordinate, and encourage an
aggressive, expedited, evolutionary, and
transformational program of research and development to
generate and improve technologies to detect and prevent
the illicit entry, transport, assembly, or potential
use within the United States of a nuclear explosive
device or fissile or radiological material, and
coordinate with the Under Secretary for Science and
Technology on basic and advanced or transformational
research and development efforts relevant to the
mission of both organizations;
(7) carry out a program to test and evaluate
technology for detecting a nuclear explosive device and
fissile or radiological material, in coordination with
the Secretary of Defense and the Secretary of Energy,
as appropriate, and establish performance metrics for
evaluating the effectiveness of individual detectors
and detection systems in detecting such devices or
material--
(A) under realistic operational and
environmental conditions; and
(B) against realistic adversary tactics and
countermeasures;
(8) support and enhance the effective sharing and use
of appropriate information generated by the
intelligence community, law enforcement agencies,
counterterrorism community, other government agencies,
and foreign governments, as well as provide appropriate
information to such entities;
(9) further enhance and maintain continuous awareness
by analyzing information from all Office mission-
related detection systems;
(10) lead the development and implementation of the
national strategic five-year plan for improving the
nuclear forensic and attribution capabilities of the
United States required under section 1036 of the
National Defense Authorization Act for Fiscal Year
2010;
(11) establish, within the Domestic Nuclear Detection
Office, the National Technical Nuclear Forensics Center
to provide centralized stewardship, planning,
assessment, gap analysis, exercises, improvement, and
integration for all Federal nuclear forensics and
attribution activities--
(A) to ensure an enduring national technical
nuclear forensics capability to strengthen the
collective response of the United States to
nuclear terrorism or other nuclear attacks; and
(B) to coordinate and implement the national
strategic five-year plan referred to in
paragraph (10);
(12) establish a National Nuclear Forensics Expertise
Development Program, which--
(A) is devoted to developing and maintaining
a vibrant and enduring academic pathway from
undergraduate to post-doctorate study in
nuclear and geochemical science specialties
directly relevant to technical nuclear
forensics, including radiochemistry,
geochemistry, nuclear physics, nuclear
engineering, materials science, and analytical
chemistry;
(B) shall--
(i) make available for undergraduate
study student scholarships, with a
duration of up to 4 years per student,
which shall include, if possible, at
least 1 summer internship at a national
laboratory or appropriate Federal
agency in the field of technical
nuclear forensics during the course of
the student's undergraduate career;
(ii) make available for doctoral
study student fellowships, with a
duration of up to 5 years per student,
which shall--
(I) include, if possible, at
least 2 summer internships at a
national laboratory or
appropriate Federal agency in
the field of technical nuclear
forensics during the course of
the student's graduate career;
and
(II) require each recipient
to commit to serve for 2 years
in a post-doctoral position in
a technical nuclear forensics-
related specialty at a national
laboratory or appropriate
Federal agency after
graduation;
(iii) make available to faculty
awards, with a duration of 3 to 5 years
each, to ensure faculty and their
graduate students have a sustained
funding stream; and
(iv) place a particular emphasis on
reinvigorating technical nuclear
forensics programs while encouraging
the participation of undergraduate
students, graduate students, and
university faculty from historically
Black colleges and universities,
Hispanic-serving institutions, Tribal
Colleges and Universities, Asian
American and Native American Pacific
Islander-serving institutions, Alaska
Native-serving institutions, and
Hawaiian Native-serving institutions;
and
(C) shall--
(i) provide for the selection of
individuals to receive scholarships or
fellowships under this section through
a competitive process primarily on the
basis of academic merit and the nuclear
forensics and attribution needs of the
United States Government;
(ii) provide for the setting aside of
up to 10 percent of the scholarships or
fellowships awarded under this section
for individuals who are Federal
employees to enhance the education of
such employees in areas of critical
nuclear forensics and attribution needs
of the United States Government, for
doctoral education under the
scholarship on a full-time or part-time
basis;
(iii) provide that the Secretary may
enter into a contractual agreement with
an institution of higher education
under which the amounts provided for a
scholarship under this section for
tuition, fees, and other authorized
expenses are paid directly to the
institution with respect to which such
scholarship is awarded;
(iv) require scholarship recipients
to maintain satisfactory academic
progress; and
(v) require that--
(I) a scholarship recipient
who fails to maintain a high
level of academic standing, as
defined by the Secretary, who
is dismissed for disciplinary
reasons from the educational
institution such recipient is
attending, or who voluntarily
terminates academic training
before graduation from the
educational program for which
the scholarship was awarded
shall be liable to the United
States for repayment within 1
year after the date of such
default of all scholarship
funds paid to such recipient
and to the institution of
higher education on the behalf
of such recipient, provided
that the repayment period may
be extended by the Secretary if
the Secretary determines it
necessary, as established by
regulation; and
(II) a scholarship recipient
who, for any reason except
death or disability, fails to
begin or complete the post-
doctoral service requirements
in a technical nuclear
forensics-related specialty at
a national laboratory or
appropriate Federal agency
after completion of academic
training shall be liable to the
United States for an amount
equal to--
(aa) the total amount
of the scholarship
received by such
recipient under this
section; and
(bb) the interest on
such amounts which
would be payable if at
the time the
scholarship was
received such
scholarship was a loan
bearing interest at the
maximum legally
prevailing rate;
(13) provide an annual report to Congress on the
activities carried out under paragraphs (10), (11), and
(12); and
(14) perform other duties as assigned by the
Secretary.
(b) Definitions.--In this section:
(1) Alaska native-serving institution.--The term
``Alaska Native-serving institution'' has the meaning
given the term in section 317 of the Higher Education
Act of 1965 (20 U.S.C. 1059d).
(2) Asian american and native american pacific
islander-serving institution.--The term ``Asian
American and Native American Pacific Islander-serving
institution'' has the meaning given the term in section
320 of the Higher Education Act of 1965 (20 U.S.C.
1059g).
(3) [Hawaiian native-serving] Native hawaiian-
serving institution.--The term ``[Hawaiian native-
serving] Native Hawaiian-serving institution'' has the
meaning given the term in section 317 of the Higher
Education Act of 1965 (20 U.S.C. 1059d).
(4) Hispanic-serving institution.--The term
``Hispanic-serving institution'' has the meaning given
that term in section 502 of the Higher Education Act of
1965 (20 U.S.C. 1101a).
(5) Historically black college or university.--The
term ``historically Black college or university'' has
the meaning given the term ``part B institution'' in
section 322(2) of the Higher Education Act of 1965 (20
U.S.C. 1061(2)).
(6) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given that term
in section 316(b) of the Higher Education Act of 1965
(20 U.S.C. 1059c(b)).
* * * * * * *
TITLE XX--HOMELAND SECURITY GRANTS
* * * * * * *
Subtitle A--Grants to States and High-Risk Urban Areas
* * * * * * *
SEC. 2006. TERRORISM PREVENTION.
(a) Law Enforcement Terrorism Prevention Program.--
(1) In general.--The Administrator shall ensure that
not less than 25 percent of the total combined funds
appropriated for grants under sections 2003 and 2004 is
used for law enforcement terrorism prevention
activities.
(2) Law enforcement terrorism prevention
activities.--Law enforcement terrorism prevention
activities include--
(A) information sharing and analysis;
(B) target hardening;
(C) threat recognition;
(D) terrorist interdiction;
(E) training exercises to enhance
preparedness for and response to mass casualty
and active shooter incidents and security
events at public locations, including airports
and mass transit systems;
(F) overtime expenses consistent with a State
homeland security plan, including for the
provision of enhanced law enforcement
operations in support of Federal agencies,
including for increased border security and
border crossing enforcement;
(G) establishing, enhancing, and staffing
with appropriately qualified personnel State,
local, and regional fusion centers that comply
with the guidelines established under section
210A(i);
(H) paying salaries and benefits for
personnel, including individuals employed by
the grant recipient on the date of the relevant
grant application, to serve as qualified
intelligence analysts;
(I) any other activity permitted under the
Fiscal Year 2007 Program Guidance of the
Department for the Law Enforcement Terrorism
Prevention Program; and
(J) any other terrorism prevention activity
authorized by the Administrator.
(3) Participation of underrepresented communities in
fusion centers.--The Administrator shall ensure that
grant funds described in paragraph (1) are used to
support the participation, as appropriate, of law
enforcement and other emergency response providers from
rural and other underrepresented communities at risk
from acts of terrorism in fusion centers.
(b) Office for State and Local Law Enforcement.--
(1) Establishment.--There is established in the
Policy Directorate of the Department an Office for
State and Local Law Enforcement, which shall be headed
by an Assistant Secretary for State and Local Law
Enforcement.
(2) Qualifications.--The Assistant Secretary for
State and Local Law Enforcement shall have an
appropriate background with experience in law
enforcement, intelligence, and other counterterrorism
functions.
(3) Assignment of personnel.--The Secretary shall
assign to the Office for State and Local Law
Enforcement permanent staff and, as appropriate and
consistent with sections 506(c)(2), 821, and 888(d),
other appropriate personnel detailed from other
components of the Department to carry out the
responsibilities under this subsection.
(4) Responsibilities.--The Assistant Secretary for
State and Local Law Enforcement shall--
(A) lead the coordination of Department-wide
policies relating to the role of State and
local law enforcement in preventing, preparing
for, protecting against, and responding to
natural disasters, acts of terrorism, and other
man-made disasters within the United States;
(B) serve as a liaison between State, local,
and tribal law enforcement agencies and the
Department;
(C) coordinate with the Office of
Intelligence and Analysis to ensure the
intelligence and information sharing
requirements of State, local, and tribal law
enforcement agencies are being addressed;
(D) work with the Administrator to ensure
that law enforcement and terrorism-focused
grants to State, local, and tribal government
agencies, including grants under sections 2003
and 2004, the Commercial Equipment Direct
Assistance Program, and other grants
administered by the Department to support
fusion centers and law enforcement-oriented
programs, are appropriately focused on
terrorism prevention activities; and
(E) coordinate with the Science and
Technology Directorate, the Federal Emergency
Management Agency, the Department of Justice,
the National Institute of Justice, law
enforcement organizations, and other
appropriate entities to support the
development, promulgation, and updating, as
necessary, of national voluntary consensus
standards for training and personal protective
equipment to be used in a tactical environment
by law enforcement officers[; and].
[(F) conduct, jointly with the Administrator,
a study to determine the efficacy and
feasibility of establishing specialized law
enforcement deployment teams to assist State,
local, and tribal governments in responding to
natural disasters, acts of terrorism, or other
man-made disasters and report on the results of
that study to the appropriate committees of
Congress.]
(5) Rule of construction.--Nothing in this subsection
shall be construed to diminish, supercede, or replace
the responsibilities, authorities, or role of the
Administrator.
* * * * * * *
Subtitle B--Grants Administration
SEC. 2021. ADMINISTRATION AND COORDINATION.
(a) Regional Coordination.--The Administrator shall ensure
that--
(1) all recipients of grants administered by the
Department to prevent, prepare for, protect against, or
respond to natural disasters, acts of terrorism, or
other man-made disasters (excluding assistance provided
under section 203, title IV, or title V of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.))
coordinate, as appropriate, their prevention,
preparedness, and protection efforts with neighboring
State, local, and tribal governments; and
(2) all high-risk urban areas and other recipients of
grants administered by the Department to prevent,
prepare for, protect against, or respond to natural
disasters, acts of terrorism, or other man-made
disasters (excluding assistance provided under section
203, title IV, or title V of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133, 5170 et seq., and 5191 et seq.)) that include or
substantially affect parts or all of more than 1 State
coordinate, as appropriate, across State boundaries,
including, where appropriate, through the use of
regional working groups and requirements for regional
plans.
(b) Planning Committees.--
(1) In general.--Any State or high-risk urban area
receiving a grant under section 2003 or 2004 shall
establish a State planning committee or urban area
working group to assist in preparation and revision of
the State, regional, or local homeland security plan or
the threat and hazard identification and risk
assessment, as the case may be, and to assist in
determining effective funding priorities for grants
under such sections.
(2) Composition.--
(A) In general.--The State planning
committees and urban area working groups
referred to in paragraph (1) shall include at
least one representative from each of the
following significant stakeholders:
(i) Local or tribal government
officials.
(ii) Emergency response providers,
which shall include representatives of
the fire service, law enforcement,
emergency medical services, and
emergency managers.
(iii) Public health officials and
other appropriate medical
practitioners.
(iv) Individuals representing
educational institutions, including
elementary schools, community colleges,
and other institutions of higher
education.
(v) State and regional interoperable
communications coordinators, as
appropriate.
(vi) State and major urban area
fusion centers, as appropriate.
(B) Geographic representation.--The members
of the State planning committee or urban area
working group, as the case may be, shall be a
representative group of individuals from the
counties, cities, towns, and Indian tribes
within the State or high-risk urban area,
including, as appropriate, representatives of
rural, high-population, and high-threat
jurisdictions.
(3) Existing planning committees.--Nothing in this
subsection may be construed to require that any State
or high-risk urban area create a State planning
committee or urban area working group, as the case may
be, if that State or high-risk urban area has
established and uses a multijurisdictional planning
committee or commission that meets the requirements of
this subsection.
[(c) Interagency Coordination.--
[(1) In general.--Not later than 12 months after the
date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Secretary
(acting through the Administrator), the Attorney
General, the Secretary of Health and Human Services,
and the heads of other agencies providing assistance to
State, local, and tribal governments for preventing,
preparing for, protecting against, and responding to
natural disasters, acts of terrorism, and other man-
made disasters, shall jointly--
[(A) compile a comprehensive list of Federal
grant programs for State, local, and tribal
governments for preventing, preparing for,
protecting against, and responding to natural
disasters, acts of terrorism, and other man-
made disasters;
[(B) compile the planning, reporting,
application, and other requirements and
guidance for the grant programs described in
subparagraph (A);
[(C) develop recommendations, as appropriate,
to--
[(i) eliminate redundant and
duplicative requirements for State,
local, and tribal governments,
including onerous application and
ongoing reporting requirements;
[(ii) ensure accountability of the
programs to the intended purposes of
such programs;
[(iii) coordinate allocation of grant
funds to avoid duplicative or
inconsistent purchases by the
recipients;
[(iv) make the programs more
accessible and user friendly to
applicants; and
[(v) ensure the programs are
coordinated to enhance the overall
preparedness of the Nation;
[(D) submit the information and
recommendations under subparagraphs (A), (B),
and (C) to the appropriate committees of
Congress; and
[(E) provide the appropriate committees of
Congress, the Comptroller General, and any
officer or employee of the Government
Accountability Office with full access to any
information collected or reviewed in preparing
the submission under subparagraph (D).
[(2) Scope of task.--Nothing in this subsection shall
authorize the elimination, or the alteration of the
purposes, as delineated by statute, regulation, or
guidance, of any grant program that exists on the date
of the enactment of the Implementing Recommendations of
the 9/11 Commission Act of 2007, nor authorize the
review or preparation of proposals on the elimination,
or the alteration of such purposes, of any such grant
program.]
[(d)] (c) Sense of Congress.--It is the sense of Congress
that, in order to ensure that the Nation is most effectively
able to prevent, prepare for, protect against, and respond to
all hazards, including natural disasters, acts of terrorism,
and other man-made disasters--
(1) the Department should administer a coherent and
coordinated system of both terrorism-focused and all-
hazards grants;
(2) there should be a continuing and appropriate
balance between funding for terrorism-focused and all-
hazards preparedness, as reflected in the
authorizations of appropriations for grants under the
amendments made by titles I and II, as applicable, of
the Implementing Recommendations of the 9/11 Commission
Act of 2007; and
(3) with respect to terrorism-focused grants, it is
necessary to ensure both that the target capabilities
of the highest risk areas are achieved quickly and that
basic levels of preparedness, as measured by the
attainment of target capabilities, are achieved
nationwide.
* * * * * * *
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