[House Report 114-333]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-333
======================================================================
HSA TECHNICAL CORRECTIONS ACT
_______
November 16, 2015.--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. 3859]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 3859) 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............................. 3
Statement of General Performance Goals and Objectives............ 3
Duplicative Federal Programs..................................... 3
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
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............ 6
Purpose and Summary
The purpose of H.R. 3859 is to make technical corrections
to the Homeland Security Act of 2002 (HSA).
Background and Need for Legislation
In the aftermath of September 11, 2001, Congress passed the
HSA, 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 Committee hearings were held on H.R. 3859.
Committee Consideration
The Committee met on November 4, 2015, to consider H.R.
3859, 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. 3859.
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.
The Committee did not conduct any oversight hearings
specific to this legislation. However, various oversight
efforts by the Committee have demonstrated a lack of
consistency between the HSA and the current organization and
mission of the Department. Discrepancies in the HSA can cause
confusion within DHS and make it more difficult for Congress to
effectively conduct oversight of the Department.
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.
3859, 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, November 13, 2015.
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. 3859, 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.
Enclosure.
H.R. 3859--HSA Technical Corrections Act
H.R. 3859 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. 3859 would
have no significant cost to the federal government.
Because enacting the legislation would not affect direct
spending or revenues, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 3859 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2026.
H.R. 3859 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. 3859 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation updates the HSA to ensure it more
accurately reflects the current organization and mission of
DHS.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 3859 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 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. 3859 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 3859 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 provides, unless otherwise stated, that any
amendment or repeal in this Act shall be made to a section or
other provision of the HSA.
Sec. 3. Technical amendments to the Homeland Security Act of 2002.
This section amends the HSA by updating obsolete language
and striking outdated offices and reporting requirements.
Subsection (a) makes revisions to the HSA Table of
Contents.
Subsection (b) amends Title I of the HSA. This subsection
strikes obsolete language, updates the list of Deputy and Under
Secretaries within the Department, and corrects formatting.
Subsection (c) amends Title II of the HSA. This subsection
strikes obsolete language, eliminates two outdated one-time
reporting requirements, updates references to the Director of
Central Intelligence to read as the Director of National
Intelligence, and re-designates the second Section 226 of the
HSA as Section 227.
Subsection (d) amends Title III of the HSA. This subsection
strikes two erroneous commas from Title III.
Subsection (e) amends Title IV of the HSA. This subsection
revises, and removes where necessary, outdated language,
strikes two obsolete offices and one non-operational Director
position, eliminates 13 outdated one-time reporting
requirements, and updates references to the agencies now known
as U.S. Customs and Border Protection, U.S. Citizenship and
Immigration Services, and U.S. Immigration and Customs
Enforcement.
Subsection (f) amends Title V of the HSA. This subsection
corrects a citation to the National Response Plan and strikes
language previously stricken in a prior public law.
Subsection (g) amends Title VI of the HSA. This subsection
updates references to the Director of Central Intelligence to
read as the Director of National Intelligence.
Subsection (h) amends Title VII of the HSA. This subsection
updates references to the agencies now known as U.S.
Citizenship and Immigration Services and U.S. Immigration and
Customs Enforcement with the proper titles for these agencies
each place the former name appears, updates other references to
such agencies, and strikes an outdated one-time requirement for
the Secretary to submit a plan to Congress.
Subsection (i) amends Title VIII of the HSA. This
subsection revises outdated language, strikes the obsolete
Office of Counternarcotics Enforcement, eliminates six outdated
one-time reporting requirements, and updates references to the
Director of Central Intelligence to read as the Director of
National Intelligence.
Subsection (j) amends Title IX of the HSA. This subsection
corrects the punctuation in a subsection heading.
Subsection (k) amends Title X of the HSA. This subsection
updates a reference to the Director of Central Intelligence to
read as the Director of National Intelligence.
Subsection (l) amends Title XII of the HSA. This subsection
eliminates an outdated one-time reporting requirement.
Subsection (m) amends Title XIV of the HSA. This subsection
strikes the entirety of Title XIV.
Subsection (n) amends Title XV of the HSA. This subsection
strikes an outdated one-time reorganization plan.
Subsection (o) amends Title XVIII of the HSA. This
subsection revises outdated language.
Subsection (p) amends Title XIX of the HSA. This subsection
revises the term ``Hawaiian native-serving'' to read as
``Native Hawaiian-serving''.
Subsection (q) amends Title XX of the HSA. This subsection
eliminates two outdated one-time reporting requirements.
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 italic, 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:
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
[Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information]
Subtitle A--Border, Maritime, and Transportation Security
Responsibilities and Functions
* * * * * * *
[Subtitle B--Critical Infrastructure Information]
Subtitle B--United States Customs and Border Protection
* * * * * * *
Subtitle C--Information Security
* * * * * * *
[Sec. 227. Cyber incident response plan.
[Sec. 228. Clearances.
[Sec. 226. Cybersecurity recruitment and retention.]
Sec. 227. National Cybersecurity and Communications Integration Center.
Sec. 228. Cyber incident response plan.
Sec. 229. Clearances.
* * * * * * *
[TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY
[Subtitle A--Under Secretary for Border and Transportation Security]
Title IV--Border, Maritime, and Transportation Security
Subtitle A--Border, Maritime, and Transportation Security
Responsibilities and Functions
[Sec. 401. Under Secretary for Border and Transportation Security.
[Sec. 402. Responsibilities.]
Sec. 402. Border, maritime, and transportation responsibilities.
* * * * * * *
[Subtitle B--United States Customs Service]
Subtitle B--United States Customs and Border Protection
[Sec. 411. Establishment; Commissioner of Customs.]
Sec. 411. Establishment of United States Customs and Border Protection.
[Sec. 412. Retention of customs revenue functions by Secretary of the
Treasury.]
* * * * * * *
[Sec. 416. GAO report to Congress.]
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
[Sec. 430. Office for Domestic Preparedness.
[Sec. 431. Office of Cargo Security Policy.]
* * * * * * *
Subtitle D--Immigration Enforcement Functions
[Sec. 441. Transfer of functions to Under Secretary for Border and
Transportation Security.
[Sec. 442. Establishment of Bureau of Border Security.]
Sec. 441. Transfer of functions.
Sec. 442. United States Immigration and Customs Enforcement.
* * * * * * *
[Sec. 445. Report on improving enforcement functions.
[Sec. 446. Sense of Congress regarding construction of fencing near San
Diego, California.]
Subtitle E--Citizenship and Immigration Services
[Sec. 451. Establishment of Bureau of Citizenship and Immigration
Services.]
Sec. 451. Establishment of United States Citizenship and Immigration
Services.
* * * * * * *
[Sec. 455. Effective date.
[Sec. 456. Transition.]
* * * * * * *
[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. 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. 477. Reports and implementation plans.]
* * * * * * *
TITLE VII--MANAGEMENT
Sec. 701. Under Secretary for Management.
* * * * * * *
[Sec. 706. Consolidation and co-location of offices.]
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle F--Federal Emergency Procurement Flexibility
* * * * * * *
[Sec. 857. Review and report by Comptroller General.]
* * * * * * *
Subtitle H--Miscellaneous Provisions
* * * * * * *
[Sec. 878. Counternarcotics officer.]
* * * * * * *
[Sec. 881. Review of pay and benefit plans.]
* * * * * * *
Subtitle I--Information Sharing
* * * * * * *
[Sec. 893. Report.]
* * * * * * *
TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION
* * * * * * *
[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. 1501. Definitions.
[Sec. 1502. Reorganization plan.]
* * * * * * *
TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM STANDARDS
* * * * * * *
[Sec. 2103. Protection and sharing of information.-]
Sec. 2103. Protection and sharing of information.
* * * * * * *
TITLE I--DEPARTMENT OF HOMELAND SECURITY
* * * * * * *
SEC. 102. SECRETARY; FUNCTIONS.
(a) Secretary.--
(1) In general.--There is a Secretary of Homeland
Security, appointed by the President, by and with the
advice and consent of the Senate.
(2) Head of department.--The Secretary is the head of
the Department and shall have direction, authority, and
control over it.
(3) Functions vested in secretary.--All functions of
all officers, employees, and organizational units of
the Department are vested in the Secretary.
(b) Functions.--The Secretary--
(1) except as otherwise provided by this Act, may
delegate any of the Secretary's functions to any
officer, employee, or organizational unit of the
Department;
(2) shall have the authority to make contracts,
grants, and cooperative agreements, and to enter into
agreements with other executive agencies, as may be
necessary and proper to carry out the Secretary's
responsibilities under this Act or otherwise provided
by law; and
(3) shall take reasonable steps to ensure that
information systems and databases of the Department are
compatible with each other and with appropriate
databases of other Departments.
(c) Coordination With Non-Federal Entities.--With respect to
homeland security, the Secretary shall coordinate through the
Office of State and Local Coordination (established under
section 801) (including the provision of training and
equipment) with State and local government personnel, agencies,
and authorities, with the private sector, and with other
entities, including by--
(1) coordinating with State and local government
personnel, agencies, and authorities, and with the
private sector, to ensure adequate planning, equipment,
training, and exercise activities;
(2) coordinating and, as appropriate, consolidating,
the Federal Government's communications and systems of
communications relating to homeland security with State
and local government personnel, agencies, and
authorities, the private sector, other entities, and
the public; and
(3) distributing or, as appropriate, coordinating the
distribution of, warnings and information to State and
local government personnel, agencies, and authorities
and to the public.
(d) Meetings of National Security Council.--The Secretary
may, subject to the direction of the President, attend and
participate in meetings of the National Security Council.
(e) Issuance of Regulations.--The issuance of regulations by
the Secretary shall be governed by the provisions of chapter 5
of title 5, United States Code, except as specifically provided
in this Act, in laws granting regulatory authorities that are
transferred by this Act, and in laws enacted after the date of
enactment of this Act.
(f) Special Assistant to the Secretary.--The Secretary shall
appoint a Special Assistant to the Secretary who shall be
responsible for--
(1) creating and fostering strategic communications
with the private sector to enhance the primary mission
of the Department to protect the American homeland;
(2) advising the Secretary on the impact of the
Department's policies, regulations, processes, and
actions on the private sector;
(3) interfacing with other relevant Federal agencies
with homeland security missions to assess the impact of
these agencies' actions on the private sector;
(4) creating and managing private sector advisory
councils composed of representatives of industries and
associations designated by the Secretary to--
(A) advise the Secretary on private sector
products, applications, and solutions as they
relate to homeland security challenges;
(B) advise the Secretary on homeland security
policies, regulations, processes, and actions
that affect the participating industries and
associations; and
(C) advise the Secretary on private sector
preparedness issues, including effective
methods for--
(i) promoting voluntary preparedness
standards to the private sector; and
(ii) assisting the private sector in
adopting voluntary preparedness
standards;
(5) working with Federal laboratories, federally
funded research and development centers, other
federally funded organizations, academia, and the
private sector to develop innovative approaches to
address homeland security challenges to produce and
deploy the best available technologies for homeland
security missions;
(6) promoting existing public-private partnerships
and developing new public-private partnerships to
provide for collaboration and mutual support to address
homeland security challenges;
(7) assisting in the development and promotion of
private sector best practices to secure critical
infrastructure;
(8) providing information to the private sector
regarding voluntary preparedness standards and the
business justification for preparedness and promoting
to the private sector the adoption of voluntary
preparedness standards;
(9) coordinating industry efforts, with respect to
functions of the Department of Homeland Security, to
identify private sector resources and capabilities that
could be effective in supplementing Federal, State, and
local government agency efforts to prevent or respond
to a terrorist attack;
(10) coordinating with the [Directorate of Border and
Transportation Security] Commissioner of United States
Customs and Border Protection and the Assistant
Secretary for Trade Development of the Department of
Commerce on issues related to the travel and tourism
industries; and
(11) consulting with the Office of State and Local
Government Coordination and Preparedness on all matters
of concern to the private sector, including the tourism
industry.
(g) Standards Policy.--All standards activities of the
Department shall be conducted in accordance with section 12(d)
of the National Technology Transfer Advancement Act of 1995 (15
U.S.C. 272 note) and Office of Management and Budget Circular
A-119.
SEC. 103. 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:]
(1) In general.-- Except as provided under 16
paragraph (2), there are the following officers, ap17
pointed by the President, by and with the advice and 18
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) [An Under Secretary for Border and Transportation
Security] A Commissioner of United States Customs and
Border Protection.
(D) An Administrator of the Federal Emergency
Management Agency.
(E) A Director of [the Bureau of] United States
Citizenship and Immigration Services.
(F) An Under Secretary for Management.
(G) [A Director of the Office of Counternarcotics
Enforcement] A Director of United States Immigration
and Customs Enforcement.
(H) An Administrator of the Transportation
Security Administration.
(I) A Commandant of the Coast Guard.
[(H)] (J) An Under Secretary responsible for
overseeing critical infrastructure protection,
cybersecurity, and other related programs of the
Department.
[(I)] (K) Not more than 12 Assistant Secretaries.
[(J)] (L) A General Counsel, who shall be the chief
legal officer of the Department.
(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.
(f) Performance of Specific Functions.--Subject to the
provisions of this Act, every officer of the Department shall
perform the functions specified by law for the official's
office or prescribed by the Secretary.
(e) Chief Financial Officer.--There shall be in the
Department a Chief Financial Officer, as provided in chapter 9
of title 31, United States Code.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information
* * * * * * *
SEC. 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)] (c) Emergency Disclosure Exception.--
(1) * * *
* * * * * * *
(2) Reporting of disclosures.--A government entity
that receives a disclosure under section 2702(b) of
title 18, United States Code, shall file, not later
than 90 days after such disclosure, a report to the
Attorney General stating the paragraph of that section
under which the disclosure was made, the date of the
disclosure, the entity to which the disclosure was
made, the number of customers or subscribers to whom
the information disclosed pertained, and the number of
communications, if any, that were disclosed. The
Attorney General shall publish all such reports into a
single report to be submitted to Congress 1 year after
the date of enactment of this Act.
* * * * * * *
SEC. [226.] 227. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION
CENTER.
(a) Definitions.--In this section--
(1) the term ``cybersecurity risk'' means threats to
and vulnerabilities of information or information
systems and any related consequences caused by or
resulting from unauthorized access, use, disclosure,
degradation, disruption, modification, or destruction
of information or information systems, including such
related consequences caused by an act of terrorism;
(2) the term ``incident'' means an occurrence that--
(A) actually or imminently jeopardizes,
without lawful authority, the integrity,
confidentiality, or availability of information
on an information system; or
(B) constitutes a violation or imminent
threat of violation of law, security policies,
security procedures, or acceptable use
policies;
(3) the term ``information sharing and analysis
organization'' has the meaning given that term in
section 212(5); and
(4) the term ``information system'' has the meaning
given that term in section 3502(8) of title 44, United
States Code.
(b) Center.--There is in the Department a national
cybersecurity and communications integration center (referred
to in this section as the ``Center'') to carry out certain
responsibilities of the Under Secretary appointed under section
103(a)(1)(H).
(c) Functions.--The cybersecurity functions of the Center
shall include--
(1) being a Federal civilian interface for the multi-
directional and cross-sector sharing of information
related to cybersecurity risks, incidents, analysis,
and warnings for Federal and non-Federal entities;
(2) providing shared situational awareness to enable
real-time, integrated, and operational actions across
the Federal Government and non-Federal entities to
address cybersecurity risks and incidents to Federal
and non-Federal entities;
(3) coordinating the sharing of information related
to cybersecurity risks and incidents across the Federal
Government;
(4) facilitating cross-sector coordination to address
cybersecurity risks and incidents, including
cybersecurity risks and incidents that may be related
or could have consequential impacts across multiple
sectors;
(5)(A) conducting integration and analysis, including
cross-sector integration and analysis, of cybersecurity
risks and incidents; and
(B) sharing the analysis conducted under subparagraph
(A) with Federal and non-Federal entities;
(6) upon request, providing timely technical
assistance, risk management support, and incident
response capabilities to Federal and non-Federal
entities with respect to cybersecurity risks and
incidents, which may include attribution, mitigation,
and remediation; and
(7) providing information and recommendations on
security and resilience measures to Federal and non-
Federal entities, including information and
recommendations to--
(A) facilitate information security; and
(B) strengthen information systems against
cybersecurity risks and incidents.
(d) Composition.--
(1) In general.--The Center shall be composed of--
(A) appropriate representatives of Federal
entities, such as--
(i) sector-specific agencies;
(ii) civilian and law enforcement
agencies; and
(iii) elements of the intelligence
community, as that term is defined
under section 3(4) of the National
Security Act of 1947 (50 U.S.C.
3003(4));
(B) appropriate representatives of non-
Federal entities, such as--
(i) State and local governments;
(ii) information sharing and analysis
organizations; and
(iii) owners and operators of
critical information systems;
(C) components within the Center that carry
out cybersecurity and communications
activities;
(D) a designated Federal official for
operational coordination with and across each
sector; and
(E) other appropriate representatives or
entities, as determined by the Secretary.
(2) Incidents.--In the event of an incident, during
exigent circumstances the Secretary may grant a Federal
or non-Federal entity immediate temporary access to the
Center.
(e) Principles.--In carrying out the functions under
subsection (c), the Center shall ensure--
(1) to the extent practicable, that--
(A) timely, actionable, and relevant
information related to cybersecurity risks,
incidents, and analysis is shared;
(B) when appropriate, information related to
cybersecurity risks, incidents, and analysis is
integrated with other relevant information and
tailored to the specific characteristics of a
sector;
(C) activities are prioritized and conducted
based on the level of risk;
(D) industry sector-specific, academic, and
national laboratory expertise is sought and
receives appropriate consideration;
(E) continuous, collaborative, and inclusive
coordination occurs--
(i) across sectors; and
(ii) with--
(I) sector coordinating
councils;
(II) information sharing and
analysis organizations; and
(III) other appropriate non-
Federal partners;
(F) as appropriate, the Center works to
develop and use mechanisms for sharing
information related to cybersecurity risks and
incidents that are technology-neutral,
interoperable, real-time, cost-effective, and
resilient; and
(G) the Center works with other agencies to
reduce unnecessarily duplicative sharing of
information related to cybersecurity risks and
incidents;
(2) that information related to cybersecurity risks
and incidents is appropriately safeguarded against
unauthorized access; and
(3) that activities conducted by the Center comply
with all policies, regulations, and laws that protect
the privacy and civil liberties of United States
persons.
(f) No Right or Benefit.--
(1) In general.--The provision of assistance or
information to, and inclusion in the Center of,
governmental or private entities under this section
shall be at the sole and unreviewable discretion of the
Under Secretary appointed under section 103(a)(1)(H).
(2) Certain assistance or information.--The provision
of certain assistance or information to, or inclusion
in the Center of, one governmental or private entity
pursuant to this section shall not create a right or
benefit, substantive or procedural, to similar
assistance or information for any other governmental or
private entity.
SEC. [227.] 228. CYBER INCIDENT RESPONSE PLAN.
The Under Secretary appointed under section 103(a)(1)(H)
shall, in coordination with appropriate Federal departments and
agencies, State and local governments, sector coordinating
councils, information sharing and analysis organizations (as
defined in section 212(5)), owners and operators of critical
infrastructure, and other appropriate entities and individuals,
develop, regularly update, maintain, and exercise adaptable
cyber incident response plans to address cybersecurity risks
(as defined in [section 226] 227(a)(1)) to critical
infrastructure.
SEC. [228.] 229. CLEARANCES.
The Secretary shall make available the process of application
for security clearances under Executive Order 13549 (75 Fed.
Reg. 162; relating to a classified national security
information program) or any successor Executive Order to
appropriate representatives of sector coordinating councils,
sector information sharing and analysis organizations (as
defined in section 212(5)), owners and operators of critical
infrastructure, and any other person that the Secretary
determines appropriate.
* * * * * * *
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.
* * * * * * *
[TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY]
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
[Subtitle A--Under Secretary for Border and Transportation Security]
Subtitle A--Border, Maritime, and Transportation Security
Responsibilities and Functions
[SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY.
[There shall be in the Department a Directorate of Border and
Transportation Security headed by an Under Secretary for Border
and Transportation Security.]
SEC. 402. [RESPONSIBILITIES.] BORDER, MARITIME, AND TRANSPORTATION
RESPONSIBILITIES
The Secretary[, acting through the Under Secretary for
Border and Transportation Security,] shall be responsible for
the following:
(1) Preventing the entry of terrorists and the
instruments of terrorism into the United States.
(2) Securing the borders, territorial waters, ports,
terminals, waterways, and air, land, and sea
transportation systems of the United States, including
managing and coordinating those functions transferred
to the Department at ports of entry.
(3) Carrying out the immigration enforcement
functions vested by statute in, or performed by, the
Commissioner of Immigration and Naturalization (or any
officer, employee, or component of the Immigration and
Naturalization Service) immediately before the date on
which the transfer of functions specified under section
441 takes effect.
(4) Establishing and administering rules, in
accordance with section 428, governing the granting of
visas or other forms of permission, including parole,
to enter the United States to individuals who are not a
citizen or an alien lawfully admitted for permanent
residence in the United States.
(5) Establishing national immigration enforcement
policies and priorities.
(6) Except as provided in subtitle C, administering
the customs laws of the United States.
(7) Conducting the inspection and related
administrative functions of the Department of
Agriculture transferred to the Secretary of Homeland
Security under section 421.
(8) In carrying out the foregoing responsibilities,
ensuring the speedy, orderly, and efficient flow of
lawful traffic and commerce.
* * * * * * *
[Subtitle B--United States Customs Service]
Subtitle B--United States Customs and Border Protection
SEC. 411. [ESTABLISHMENT; COMMISSIONER OF CUSTOMS.] ESTABLISHMENT OF
UNITED STATES CUSTOMS AND BORDER PROTECTION
(a) Establishment.--There is established in the Department
[the United States Customs Service] an agency to be known as
``United States Customs and Border Protection'', under the
authority of [the Under Secretary for Border and Transportation
Security] the Secretary, which shall be vested with those
functions including, but not limited to those set forth in
section 415(7), and the personnel, assets, and liabilities
attributable to those functions.
(b) Commissioner [of Customs].--
(1) In general.--There shall be at the head of [the
Customs Service a Commissioner of Customs] United
States Customs and Border Protection a Commissioner,
who shall be appointed by the President, by and with
the advice and consent of the Senate.
* * * * * * *
[(3) Continuation in office.--The individual serving
as the Commissioner of Customs on the day before the
effective date of this Act may serve as the
Commissioner of Customs on and after such effective
date until a Commissioner of Customs is appointed under
paragraph (1).]
SEC. 412. RETENTION OF CUSTOMS REVENUE FUNCTIONS BY SECRETARY OF THE
TREASURY.
(a) Retention of Customs Revenue Functions by Secretary of
the Treasury.--
(1) Retention of authority.--Notwithstanding section
403(a)(1), authority related to Customs revenue
functions that was vested in the Secretary of the
Treasury by law before the effective date of this Act
under those provisions of law set forth in paragraph
(2) shall not be transferred to the Secretary by reason
of this Act, and on and after the effective date of
this Act, the Secretary of the Treasury may delegate
any such authority to the Secretary at the discretion
of the Secretary of the Treasury. The Secretary of the
Treasury shall consult with the Secretary regarding the
exercise of any such authority not delegated to the
Secretary.
(2) Statutes.--The provisions of law referred to in
paragraph (1) are the following: the Tariff Act of
1930; section 249 of the Revised Statutes of the United
States (19 U.S.C. 3); section 2 of the Act of March 4,
1923 (19 U.S.C. 6); section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c); section 251 of the Revised Statutes of the United
States (19 U.S.C. 66); section 1 of the Act of June 26,
1930 (19 U.S.C. 68); the Foreign Trade Zones Act (19
U.S.C. 81a et seq.); section 1 of the Act of March 2,
1911 (19 U.S.C. 198); the Trade Act of 1974; the Trade
Agreements Act of 1979; the North American Free Trade
Area Implementation Act; the Uruguay Round Agreements
Act; the Caribbean Basin Economic Recovery Act; the
Andean Trade Preference Act; the African Growth and
Opportunity Act; and any other provision of law vesting
customs revenue functions in the Secretary of the
Treasury.
(b) Maintenance of Customs Revenue Functions.--
(1) Maintenance of functions.--Notwithstanding any
other provision of this Act, the Secretary may not
consolidate, discontinue, or diminish those functions
described in paragraph (2) performed by the [United
States Customs Service] United States Customs and
Border Protection (as established under section 411) on
or after the effective date of this Act, reduce the
staffing level, or reduce the resources attributable to
such functions, and the Secretary shall ensure that an
appropriate management structure is implemented to
carry out such functions.
(2) Functions.--The functions referred to in
paragraph (1) are those functions performed by the
following personnel, and associated support staff, of
the United States Customs Service on the day before the
effective date of this Act: Import Specialists, Entry
Specialists, Drawback Specialists, National Import
Specialist, Fines and Penalties Specialists, attorneys
of the Office of Regulations and Rulings, Customs
Auditors, International Trade Specialists, Financial
Systems Specialists.
(c) New Personnel.--The Secretary of the Treasury is
authorized to appoint up to 20 new personnel to work with
personnel of the Department in performing customs revenue
functions.
SEC. 413. PRESERVATION OF CUSTOMS FUNDS.
Notwithstanding any other provision of this Act, no funds
[available to the United States Customs Service or] collected
under paragraphs (1) through (8) of section 13031(a) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 may be
transferred for use by any other agency or office in the
Department.
SEC. 414. SEPARATE BUDGET REQUEST FOR CUSTOMS.
The President shall include in each budget transmitted to
Congress under section 1105 of title 31, United States Code, a
separate budget request for [the United States Customs Service]
United States Customs and Border Protection.
* * * * * * *
[SEC. 416. GAO REPORT TO CONGRESS.
[Not later than 3 months after the effective date of this
Act, the Comptroller General of the United States shall submit
to Congress a report that sets forth all trade functions
performed by the executive branch, specifying each agency that
performs each such function.]
* * * * * * *
SEC. 418. REPORTS TO CONGRESS.
[(a) Continuing Reports.--]The United States Customs Service
shall, on and after the effective date of this Act, continue to
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate any
report required, on the day before such the effective date of
this Act, to be so submitted under any provision of law.
[(b) Report on Conforming Amendments.--Not later than 60 days
after the date of enactment of this Act, the Secretary of the
Treasury shall submit a report to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives of proposed conforming amendments to the
statutes set forth under section 412(a)(2) in order to
determine the appropriate allocation of legal authorities
described under this subsection. The Secretary of the Treasury
shall also identify those authorities vested in the Secretary
of the Treasury that are exercised by the Commissioner of
Customs on or before the effective date of this section.]
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
SEC. 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. 424. PRESERVATION OF TRANSPORTATION SECURITY ADMINISTRATION AS A
DISTINCT ENTITY.
(a) In General.--Notwithstanding any other provision of this
Act, and subject to subsection (b), the Transportation Security
Administration shall be maintained as a distinct entity within
the Department under the [Under Secretary for Border
Transportation and Security] Secretary.
(b) Sunset.--Subsection (a) shall cease to apply 2 years
after the date of enactment of this Act.
* * * * * * *
SEC. 427. 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. 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. 430. OFFICE FOR DOMESTIC PREPAREDNESS.
[(a) In General.--The Office for Domestic Preparedness shall
be within the Directorate of Border and Transportation
Security.
[(b) Director.--There shall be a Director of the Office for
Domestic Preparedness, who shall be appointed by the President.
The Director of the Office for Domestic Preparedness shall
report directly to the Under Secretary for Border and
Transportation Security.
[(c) Responsibilities.--The Office for Domestic Preparedness
shall have the primary responsibility within the executive
branch of Government for the preparedness of the United States
for acts of terrorism, including--
[(1) coordinating preparedness efforts at the Federal
level, and working with all State, local, tribal,
parish, and private sector emergency response providers
on all matters pertaining to combating terrorism,
including training, exercises, and equipment support;
[(2) coordinating or, as appropriate, consolidating
communications and systems of communications relating
to homeland security at all levels of government;
[(3) directing and supervising terrorism preparedness
grant programs of the Federal Government (other than
those programs administered by the Department of Health
and Human Services) for all emergency response
providers;
[(4) incorporating the Strategy priorities into
planning guidance on an agency level for the
preparedness efforts of the Office for Domestic
Preparedness;
[(5) providing agency-specific training for agents
and analysts within the Department, other agencies, and
State and local agencies and international entities;
[(6) as the lead executive branch agency for
preparedness of the United States for acts of
terrorism, cooperating closely with the Federal
Emergency Management Agency, which shall have the
primary responsibility within the executive branch to
prepare for and mitigate the effects of nonterrorist-
related disasters in the United States;
[(7) assisting and supporting the Secretary, in
coordination with other Directorates and entities
outside the Department, in conducting appropriate risk
analysis and risk management activities of State,
local, and tribal governments consistent with the
mission and functions of the Directorate;
[(8) those elements of the Office of National
Preparedness of the Federal Emergency Management Agency
which relate to terrorism, which shall be consolidated
within the Department in the Office for Domestic
Preparedness established under this section; and
[(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.]
* * * * * * *
Subtitle D--Immigration Enforcement Functions
SEC. 441. TRANSFER OF FUNCTIONS [TO UNDER SECRETARY FOR BORDER AND
TRANSPORTATION SECURITY].
In accordance with title XV (relating to transition
provisions), there shall be transferred from the Commissioner
of Immigration and Naturalization to [the Under Secretary for
Border and Transportation Security] 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. [ESTABLISHMENT OF BUREAU OF BORDER SECURITY] UNITED STATES
IMMIGRATION AND CUSTOMS ENFORCEMENT.
(a) Establishment [of Bureau].--
(1) In general.--There shall be in the Department of
Homeland Security [a bureau] an agency to be known as
the ``[Bureau of Border Security] United States
Immigration and Customs Enforcement''.
(2) [Assistant secretary] Director.--The head of
[the Bureau of Border Security] United States
Immigration and Customs Enforcement shall be the
[Assistant Secretary] Director of [the Bureau of Border
Security] United States 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] United States
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] United States
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] United States
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] United States Immigration and Customs
Enforcement.
[(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 Secretaryof 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.--Not later than 1
year after the date on which the transfer of functions
specified under section 441 takes effect, the Director
of United States Immigration and Customs Enforcement
shall design and implement a managerial rotation
program under which employees of United States
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 some experience in all the major
functions performed by United States
Immigration and Customs Enforcement; and
(B) work in at least one local office of
United States 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] United States Immigration and Customs
Enforcement.
(2) Functions.--In consultation with [Bureau of
Border Security] United States Immigration and Customs
Enforcement 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] United States Immigration and Customs Enforcement.
The legal advisor shall provide specialized legal advice to the
[Assistant Secretary] Director of [the Bureau of Border
Security] United States 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. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.
The [Under Secretary for Border and Transportation Security]
Secretary shall be responsible for--
(1) conducting investigations of noncriminal
allegations of misconduct, corruption, and fraud
involving any employee of [the Bureau of Border
Security] United States Immigration and Customs
Enforcement that are not subject to investigation by
the Inspector General for the Department;
(2) inspecting the operations of [the Bureau of
Border Security] United States 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 [the
Bureau of Border Security] United States Immigration
and Customs Enforcement.
SEC. 444. EMPLOYEE DISCIPLINE.
The [Under Secretary for Border and Transportation Security]
Secretary may, notwithstanding any other provision of law,
impose disciplinary action, including termination of
employment, [pursuant to policies and procedures applicable to
employees of the Federal Bureau of Investigation,] on any
employee of [the Bureau of Border Security] United States
Customs and Border Protection who willfully deceives the
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--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] an agency to be known as [the ``Bureau of
Citizenship and Immigration Services ''] ``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] United States Customs and
Border Protection.
(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] United States Customs and Border
Protection 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.--Not later than 1
year after the effective date specified in section 455,
the Director of United States Citizenship and
Immigration Services shall design and 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 some 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] United States
Customs and Border Protection 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.
[(g) Office of the FBI Liaison.--
[(1) In general.--There shall be an Office of the FBI
Liaison in the Department of Homeland Security.
[(2) Functions.--The Office of the FBI Liaison shall
monitor the progress of the functions of the Federal
Bureau of Investigation in the naturalization process
to assist in the expeditious completion of all such
functions pertaining to naturalization applications
filed by, or on behalf of--
[(A) current or former members of the Armed
Forces under section 328 or 329 of the
Immigration and Nationality Act (8 U.S.C. 1439
and 1440);
[(B) current spouses of United States
citizens who are currently serving on active
duty in the Armed Forces, who qualify for
naturalization under section 319(b) of the
Immigration and Nationality Act (8 U.S.C.
1430(b)), and surviving spouses and children
who qualify for naturalization under section
319(d) of such Act; or
[(C) a deceased individual who is eligible
for posthumous citizenship under section 329A
of the Immigration and Nationality Act (8
U.S.C. 1440-1).
[(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out this subsection.]
SEC. 452. 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. 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]
Director of [the Bureau of Border Security]
United States 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. 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. 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] United States
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]
United States 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] United States 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. IMMIGRATION FUNCTIONS.
[(a) Annual Report.--
[(1) In general.--One year after the date of the
enactment of this Act, and each year thereafter, the
Secretary shall submit a report to the President, to
the Committees on the Judiciary and Government Reform
of the House of Representatives, and to the Committees
on the Judiciary and Government Affairs of the Senate,
on the impact the transfers made by this subtitle has
had on immigration functions.
[(2) Matter included.--The report shall address the
following with respect to the period covered by the
report:
[(A) The aggregate number of all immigration
applications and petitions received, and
processed, by the Department.
[(B) Region-by-region statistics on the
aggregate number of immigration applications
and petitions filed by an alien (or filed on
behalf of an alien) and denied, disaggregated
by category of denial and application or
petition type.
[(C) The quantity of backlogged immigration
applications and petitions that have been
processed, the aggregate number awaiting
processing, and a detailed plan for eliminating
the backlog.
[(D) The average processing period for
immigration applications and petitions,
disaggregated by application or petition type.
[(E) The number and types of immigration-
related grievances filed with any official of
the Department of Justice, and if those
grievances were resolved.
[(F) Plans to address grievances and improve
immigration services.
[(G) Whether immigration-related fees were
used consistent with legal requirements
regarding such use.
[(H) Whether immigration-related questions
conveyed by customers to the Department
(whether conveyed in person, by telephone, or
by means of the Internet) were answered
effectively and efficiently.
[(b) Sense of Congress Regarding Immigration Services.--It is
the sense of Congress that--
[(1) the quality and efficiency of immigration
services rendered by the Federal Government should be
improved after the transfers made by this subtitle take
effect; and
[(2) the Secretary should undertake efforts to
guarantee that concerns regarding the quality and
efficiency of immigration services are addressed after
such effective date.]
SEC. 478. IMMIGRATION FUNCTIONS.
(a) In General.--One year after the date of the enactment of
this Act, and each year thereafter, the Secretary shall submit
a report to the President, to the Committees on the Judiciary
and Oversight and Government Reform of the House of
Representatives, and to the Committees on the Judiciary and
Homeland Security and Governmental Affairs of the Senate, on
the impact the transfers made by this subtitle has had on
immigration functions.
(b) Matter Included.--The report shall address the following
with respect to the period covered by the report:
(1) The aggregate number of all immigration
applications and petitions received, and processed, by
the Department.
(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.
(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.
(4) The average processing period for immigration
applications and petitions, disaggregated by
application or petition type.
(5) The number and types of immigration-related
grievances filed with any official of the Department of
Justice, and if those grievances were resolved.
(6) Plans to address grievances and improve
immigration services.
(7) Whether immigration-related fees were used
consistent with legal requirements regarding such use.
(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.
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 ``Regional Administrator'' means a
Regional Administrator appointed under section 507;
(10) the term ``Regional Office'' means a Regional
Office established under section 507;
(11) the term ``resources'' means personnel and major
items of equipment, supplies, and facilities available
or potentially available for responding to a natural
disaster, act of terrorism, or other man-made disaster;
(12) the term ``surge capacity'' means the ability to
rapidly and substantially increase the provision of
search and rescue capabilities, food, water, medicine,
shelter and housing, medical care, evacuation capacity,
staffing (including disaster assistance employees), and
other resources necessary to save lives and protect
property during a catastrophic incident;
(13) the term ``tribal government'' means the
government of any entity described in section 2(11)(B);
and
(14) the terms ``typed'' and ``typing'' mean having
evaluated, or evaluating, respectively, a resource in
accordance with standards created under section 510.
* * * * * * *
SEC. 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.
* * * * * * *
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. 701. UNDER SECRETARY FOR MANAGEMENT.
(a) In General.--The Under Secretary for Management shall
serve as the Chief Management Officer and principal advisor to
the Secretary on matters related to the management of the
Department, including management integration and transformation
in support of homeland security operations and programs. The
Secretary, acting through the Under Secretary for Management,
shall be responsible for the management and administration of
the Department, including the following:
(1) The budget, appropriations, expenditures of
funds, accounting, and finance.
(2) Procurement.
(3) Human resources and personnel.
(4) Information technology and communications
systems, including policies and directives to achieve
and maintain interoperable communications among the
components of the Department.
(5) Facilities, property, equipment, and other
material resources.
(6) Security for personnel, information technology
and communications systems, facilities, property,
equipment, and other material resources.
(7) Strategic management planning and annual
performance planning and identification and tracking of
performance measures relating to the responsibilities
of the Department.
(8) Grants and other assistance management programs.
(9) The management integration and transformation
process, as well as the transition process, to ensure
an efficient and orderly consolidation of functions and
personnel in the Department and transition, including--
(A) the development of a management
integration strategy for the Department, and
(B) before December 1 of any year in which a
Presidential election is held, the development
of a transition and succession plan, to be made
available to the incoming Secretary and Under
Secretary for Management, to guide the
transition of management functions to a new
Administration.
(10) The conduct of internal audits and management
analyses of the programs and activities of the
Department.
(11) Any other management duties that the Secretary
may designate.
(b) Immigration.--
(1) In general.--In addition to the responsibilities
described in subsection (a), the Under Secretary for
Management shall be responsible for the following:
(A) Maintenance of all immigration
statistical information of [the Bureau of
Border Security and the Bureau of Citizenship
and Immigration Services] United States
Citizenship and Immigration Services and United
States Immigration and Customs Enforcement.
Such statistical information shall include
information and statistics of the type
contained in the publication entitled
``Statistical Yearbook of the Immigration and
Naturalization Service'' prepared by the
Immigration and Naturalization Service (as in
effect immediately before the date on which the
transfer of functions specified under section
441 takes effect), including region-by-region
statistics on the aggregate number of
applications and petitions filed by an alien
(or filed on behalf of an alien) and denied by
[such bureau] United States Citizenship and
Immigration Services, and the reasons for such
denials, disaggregated by category of denial
and application or petition type.
(B) Establishment of standards of reliability
and validity for immigration statistics
collected by [such bureaus] United States
Citizenship and Immigration Services and United
States Immigration and Customs Enforcement.
(2) Transfer of functions.--In accordance with title
XV, there shall be transferred to the Under Secretary
for Management all functions performed immediately
before such transfer occurs by the Statistics Branch of
the Office of Policy and Planning of the Immigration
and Naturalization Service with respect to the
following programs:
(A) The Border Patrol program.
(B) The detention and removal program.
(C) The intelligence program.
(D) The investigations program.
(E) The inspections program.
(F) Adjudication of immigrant visa petitions.
(G) Adjudication of naturalization petitions.
(H) Adjudication of asylum and refugee
applications.
(I) Adjudications performed at service
centers.
(J) All other adjudications performed by the
Immigration and Naturalization Service.
(c) Appointment and Evaluation.--The Under Secretary for
Management shall--
(1) be appointed by the President, by and with the
advice and consent of the Senate, from among persons
who have--
(A) extensive executive level leadership and
management experience in the public or private
sector;
(B) strong leadership skills;
(C) a demonstrated ability to manage large
and complex organizations; and
(D) a proven record in achieving positive
operational results;
(2) enter into an annual performance agreement with
the Secretary that shall set forth measurable
individual and organizational goals; and
(3) be subject to an annual performance evaluation by
the Secretary, who shall determine as part of each such
evaluation whether the Under Secretary for Management
has made satisfactory progress toward achieving the
goals set out in the performance agreement required
under paragraph (2).
(d) Interoperable Communications Defined.--In this section,
the term ``interoperable communications'' has the meaning given
that term in section 7303(g) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)).
* * * * * * *
[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.]
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle D--Acquisitions
* * * * * * *
SEC. 833. SPECIAL STREAMLINED ACQUISITION AUTHORITY.
(a) Authority.--
(1) In general.--The Secretary may use the
authorities set forth in this section with respect to
any procurement made during the period beginning on the
effective date of this Act and ending September 30,
2007, if the Secretary determines in writing that the
mission of the Department (as described in section 101)
would be seriously impaired without the use of such
authorities.
(2) Delegation.--The authority to make the
determination described in paragraph (1) may not be
delegated by the Secretary to an officer of the
Department who is not appointed by the President with
the advice and consent of the Senate.
(3) Notification.--Not later than the date that is 7
days after the date of any determination under
paragraph (1), the Secretary shall submit to the
Committee on Government Reform of the House of
Representatives and the Committee on Governmental
Affairs of the Senate--
(A) notification of such determination; and
(B) the justification for such determination.
(b) Increased Micro-Purchase Threshold For Certain
Procurements.--
(1) In general.--The Secretary may designate certain
employees of the Department to make procurements
described in subsection (a) for which in the
administration of section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428) the amount
specified in subsections (c), (d), and (f) of such
section 32 shall be deemed to be $7,500.
(2) Number of employees.--The number of employees
designated under paragraph (1) shall be--
(A) fewer than the number of employees of the
Department who are authorized to make purchases
without obtaining competitive quotations,
pursuant to section 32(c) of the Office of
Federal Procurement Policy Act (41 U.S.C.
428(c));
(B) sufficient to ensure the geographic
dispersal of the availability of the use of the
procurement authority under such paragraph at
locations reasonably considered to be potential
terrorist targets; and
(C) sufficiently limited to allow for the
careful monitoring of employees designated
under such paragraph.
(3) Review.--Procurements made under the authority of
this subsection shall be subject to review by a
designated supervisor on not less than a monthly basis.
The supervisor responsible for the review shall be
responsible for no more than 7 employees making
procurements under this subsection.
(c) Simplified Acquisition Procedures.--
(1) In general.--With respect to a procurement
described in subsection (a), the Secretary may deem the
simplified acquisition threshold referred to in section
4(11) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(11)) to be--
(A) in the case of a contract to be awarded
and performed, or purchase to be made, within
the United States, $200,000; and
(B) in the case of a contract to be awarded
and performed, or purchase to be made, outside
of the United States, $300,000.
(2) [Omitted--amends other Act]
(d) Application of Certain Commercial Items Authorities.--
(1) In general.--With respect to a procurement
described in subsection (a), the Secretary may deem any
item or service to be a commercial item for the purpose
of Federal procurement laws.
(2) Limitation.--The $5,000,000 limitation provided
in section 31(a)(2) of the Office of Federal
Procurement Policy Act (41 U.S.C. 427(a)(2)) and
section 303(g)(1)(B) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253(g)(1)(B)) shall be deemed to be $7,500,000 for
purposes of property or services under the authority of
this subsection.
(3) Certain authority.--Authority under a provision
of law referred to in paragraph (2) that expires under
section 4202(e) of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106; 10 U.S.C.
2304 note) shall, notwithstanding such section,
continue to apply for a procurement described in
subsection (a).
[(e) Report.--Not later than 180 days after the end of fiscal
year 2005, the Comptroller General shall submit to the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of Representatives
a report on the use of the authorities provided in this
section. The report shall contain the following:
[(1) An assessment of the extent to which property
and services acquired using authorities provided under
this section contributed to the capacity of the Federal
workforce to facilitate the mission of the Department
as described in section 101.
[(2) An assessment of the extent to which prices for
property and services acquired using authorities
provided under this section reflected the best value.
[(3) The number of employees designated by each
executive agency under subsection (b)(1).
[(4) An assessment of the extent to which the
Department has implemented subsections (b)(2) and
(b)(3) to monitor the use of procurement authority by
employees designated under subsection (b)(1).
[(5) Any recommendations of the Comptroller General
for improving the effectiveness of the implementation
of the provisions of this section.]
* * * * * * *
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.
[SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.
[(a) Establishment.--
[(1) In general.--Not later than 180 days after the
date of enactment of this section, the Secretary shall
establish the Homeland Security Rotation Program (in
this section referred to as the ``Rotation Program'')
for employees of the Department. The Rotation Program
shall use applicable best practices, including those
from the Chief Human Capital Officers Council.
[(2) Goals.--The Rotation Program established by the
Secretary shall--
[(A) be established in accordance with the
Human Capital Strategic Plan of the Department;
[(B) provide middle and senior level
employees in the Department the opportunity to
broaden their knowledge through exposure to
other components of the Department;
[(C) expand the knowledge base of the
Department by providing for rotational
assignments of employees to other components;
[(D) build professional relationships and
contacts among the employees in the Department;
[(E) invigorate the workforce with exciting
and professionally rewarding opportunities;
[(F) incorporate Department human capital
strategic plans and activities, and address
critical human capital deficiencies,
recruitment and retention efforts, and
succession planning within the Federal
workforce of the Department; and
[(G) complement and incorporate (but not
replace) rotational programs within the
Department in effect on the date of enactment
of this section.
[(3) Administration.--
[(A) In general.--The Chief Human Capital
Officer shall administer the Rotation Program.
[(B) Responsibilities.--The Chief Human
Capital Officer shall--
[(i) provide oversight of the
establishment and implementation of the
Rotation Program;
[(ii) establish a framework that
supports the goals of the Rotation
Program and promotes cross-disciplinary
rotational opportunities;
[(iii) establish eligibility for
employees to participate in the
Rotation Program and select
participants from employees who apply;
[(iv) establish incentives for
employees to participate in the
Rotation Program, including promotions
and employment preferences;
[(v) ensure that the Rotation Program
provides professional education and
training;
[(vi) ensure that the Rotation
Program develops qualified employees
and future leaders with broad-based
experience throughout the Department;
[(vii) provide for greater
interaction among employees in
components of the Department; and
[(viii) coordinate with rotational
programs within the Department in
effect on the date of enactment of this
section.
[(4) Allowances, privileges, and benefits.--All
allowances, privileges, rights, seniority, and other
benefits of employees participating in the Rotation
Program shall be preserved.
[(5) Reporting.--Not later than 180 days after the
date of the establishment of the Rotation Program, the
Secretary shall submit a report on the status of the
Rotation Program, including a description of the
Rotation Program, the number of employees
participating, and how the Rotation Program is used in
succession planning and leadership development to the
appropriate committees of Congress.]
SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish the
Homeland Security Rotation Program (in this section referred to
as the ``Rotation Program'') for employees of the Department.
The Rotation Program shall use applicable best practices,
including those from the Chief Human Capital Officers Council.
(b) Goals.--The Rotation Program established by the Secretary
shall--
(1) be established in accordance with the Human
Capital Strategic Plan of the Department;
(2) provide middle and senior level employees in the
Department the opportunity to broaden their knowledge
through exposure to other components of the Department;
(3) expand the knowledge base of the Department by
providing for rotational assignments of employees to
other components;
(4) build professional relationships and contacts
among the employees in the Department;
(5) invigorate the workforce with exciting and
professionally rewarding opportunities;
(6) incorporate Department human capital strategic
plans and activities, and address critical human
capital deficiencies, recruitment and retention
efforts, and succession planning within the Federal
workforce of the Department; and
(7) complement and incorporate (but not replace)
rotational programs within the Department in effect on
the date of enactment of this section.
(c) Administration.--
(1) In general.--The Chief Human Capital Officer
shall administer the Rotation Program.
(2) Responsibilities.--The Chief Human Capital
Officer shall--
(A) provide oversight of the establishment
and implementation of the Rotation Program;
(B) establish a framework that supports the
goals of the Rotation Program and promotes
cross-disciplinary rotational opportunities;
(C) establish eligibility for employees to
participate in the Rotation Program and select
participants from employees who apply;
(D) establish incentives for employees to
participate in the Rotation Program, including
promotions and employment preferences;
(E) ensure that the Rotation Program provides
professional education and training;
(F) ensure that the Rotation Program develops
qualified employees and future leaders with
broadbased experience throughout the
Department;
(G) provide for greater interaction among
employees in components of the Department; and
(H) coordinate with rotational programs
within the Department in effect on the date of
enactment of this section.
(d) Allowances, Privileges, and Benefits.--All allowances,
privileges, rights, seniority, and other benefits of employees
participating in the Rotation Program shall be preserved.
* * * * * * *
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.]
* * * * * * *
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. 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] 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.]
* * * * * * *
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.]
* * * * * * *
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''.
* * * * * * *
(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. 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) Omitted--amends another Act.
[(b) Omitted--amends another Act.
[(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) Omitted--amends another Act.
[(b) Omitted--amends another Act.
[(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.]
* * * * * * *
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) 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;
(F) establishing, enhancing, and staffing
with appropriately qualified personnel State,
local, and regional fusion centers that comply
with the guidelines established under section
210A(i);
(G) paying salaries and benefits for
personnel, including individuals employed by
the grant recipient on the date of the relevant
grant application, to serve as qualified
intelligence analysts;
(H) any other activity permitted under the
Fiscal Year 2007 Program Guidance of the
Department for the Law Enforcement Terrorism
Prevention Program; and
(I) any other terrorism prevention activity
authorized by the Administrator.
(3) Participation of underrepresented communities in
fusion centers.--The Administrator shall ensure that
grant funds described in paragraph (1) are used to
support the participation, as appropriate, of law
enforcement and other emergency response providers from
rural and other underrepresented communities at risk
from acts of terrorism in fusion centers.
(b) Office for State and Local Law Enforcement.--
(1) Establishment.--There is established in the
Policy Directorate of the Department an Office for
State and Local Law Enforcement, which shall be headed
by an Assistant Secretary for State and Local Law
Enforcement.
(2) Qualifications.--The Assistant Secretary for
State and Local Law Enforcement shall have an
appropriate background with experience in law
enforcement, intelligence, and other counterterrorism
functions.
(3) Assignment of personnel.--The Secretary shall
assign to the Office for State and Local Law
Enforcement permanent staff and, as appropriate and
consistent with sections 506(c)(2), 821, and 888(d),
other appropriate personnel detailed from other
components of the Department to carry out the
responsibilities under this subsection.
(4) Responsibilities.--The Assistant Secretary for
State and Local Law Enforcement shall--
(A) lead the coordination of Department-wide
policies relating to the role of State and
local law enforcement in preventing, preparing
for, protecting against, and responding to
natural disasters, acts of terrorism, and other
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 planning committee to assist in preparation
and revision of the State, regional, or local homeland
security plan and to assist in determining effective
funding priorities for grants under sections 2003 and
2004.
(2) Composition.--
(A) In general.--The planning committee shall
include representatives of significant
stakeholders, including--
(i) local and tribal government
officials; and
(ii) emergency response providers,
which shall include representatives of
the fire service, law enforcement,
emergency medical response, and
emergency managers.
(B) Geographic representation.--The members
of the planning committee shall be a
representative group of individuals from the
counties, cities, towns, and Indian tribes
within the State or high-risk urban area,
including, as appropriate, representatives of
rural, high-population, and high-threat
jurisdictions.
(3) Existing planning committees.--Nothing in this
subsection may be construed to require that any State
or high-risk urban area create a planning committee if
that State or 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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