Congressional Record: September 3, 2002 (Senate)
Page S8100-S8137
TEXT OF AMENDMENTS
SA 4471. Mr. LIEBERMAN submitted an amendment intended to be proposed
by him to the bill H.R. 5005, to establish the Department of Homeland
Security, and for other purposes; which was ordered to lie on the
table; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the "National Homeland Security
and Combating Terrorism Act of 2002".
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into 3 divisions as
follows:
[[Page S8101]]
(1) Division A--National Homeland Security and Combating
Terrorism.
(2) Division B--Immigration Reform, Accountability, and
Security Enhancement Act of 2002.
(3) Division C--Federal Workforce Improvement.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A--NATIONAL HOMELAND SECURITY AND COMBATING TERRORISM
Sec. 100. Definitions.
TITLE I--DEPARTMENT OF HOMELAND SECURITY
Subtitle A--Establishment of the Department of Homeland Security
Sec. 101. Establishment of the Department of Homeland Security.
Sec. 102. Secretary of Homeland Security.
Sec. 103. Deputy Secretary of Homeland Security.
Sec. 104. Under Secretary for Management.
Sec. 105. Assistant Secretaries.
Sec. 106. Inspector General.
Sec. 107. Chief Financial Officer.
Sec. 108. Chief Information Officer.
Sec. 109. General Counsel.
Sec. 110. Civil Rights Officer.
Sec. 111. Privacy Officer.
Sec. 112. Chief Human Capital Officer.
Sec. 113. Office of International Affairs.
Sec. 114. Executive Schedule positions.
Subtitle B--Establishment of Directorates and Offices
Sec. 131. Directorate of Border and Transportation Protection.
Sec. 132. Directorate of Intelligence.
Sec. 133. Directorate of Critical Infrastructure Protection.
Sec. 134. Directorate of Emergency Preparedness and Response.
Sec. 135. Directorate of Science and Technology.
Sec. 136. Directorate of Immigration Affairs.
Sec. 137. Office for State and Local Government Coordination.
Sec. 138. United States Secret Service.
Sec. 139. Border Coordination Working Group.
Sec. 140. Executive Schedule positions.
Subtitle C--National Emergency Preparedness Enhancement
Sec. 151. Short title.
Sec. 152. Preparedness information and education.
Sec. 153. Pilot program.
Sec. 154. Designation of National Emergency Preparedness Week.
Subtitle D--Miscellaneous Provisions
Sec. 161. National Bio-Weapons Defense Analysis Center.
Sec. 162. Review of food safety.
Sec. 163. Exchange of employees between agencies and State or local
governments.
Sec. 164. Whistleblower protection for Federal employees who are
airport security screeners.
Sec. 165. Whistleblower protection for certain airport employees.
Sec. 166. Bioterrorism preparedness and response division.
Sec. 167. Coordination with the Department of Health and Human Services
under the Public Health Service Act.
Sec. 168. Rail security enhancements.
Sec. 169. Grants for firefighting personnel.
Sec. 170. Review of transportation security enhancements.
Sec. 171. Interoperability of information systems.
Sec. 172. Extension of customs user fees.
Subtitle E--Transition Provisions
Sec. 181. Definitions.
Sec. 182. Transfer of agencies.
Sec. 183. Transitional authorities.
Sec. 184. Incidental transfers and transfer of related functions.
Sec. 185. Implementation progress reports and legislative
recommendations.
Sec. 186. Transfer and allocation.
Sec. 187. Savings provisions.
Sec. 188. Transition plan.
Sec. 189. Use of appropriated funds.
Subtitle F--Administrative Provisions
Sec. 191. Reorganizations and delegations.
Sec. 192. Reporting requirements.
Sec. 193. Environmental protection, safety, and health requirements.
Sec. 194. Labor standards.
Sec. 195. Procurement of temporary and intermittent services.
Sec. 196. Preserving non-homeland security mission performance.
Sec. 197. Future Years Homeland Security Program.
Sec. 198. Protection of voluntarily furnished confidential information.
Sec. 199. Authorization of appropriations.
TITLE II--NATIONAL OFFICE FOR COMBATING TERRORISM
Sec. 201. National Office for Combating Terrorism.
Sec. 202. Funding for Strategy programs and activities.
TITLE III--NATIONAL STRATEGY FOR COMBATING TERRORISM AND THE HOMELAND
SECURITY RESPONSE
Sec. 301. Strategy.
Sec. 302. Management guidance for Strategy implementation.
Sec. 303. National Combating Terrorism Strategy Panel.
TITLE IV--LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS
Sec. 401. Law enforcement powers of Inspector General agents.
TITLE V--FEDERAL EMERGENCY PROCUREMENT FLEXIBILITY
Subtitle A--Temporary Flexibility for Certain Procurements
Sec. 501. Definition.
Sec. 502. Procurements for defense against or recovery from terrorism
or nuclear, biological, chemical, or radiological attack.
Sec. 503. Increased simplified acquisition threshold for procurements
in support of humanitarian or peacekeeping operations or
contingency operations.
Sec. 504. Increased micro-purchase threshold for certain procurements.
Sec. 505. Application of certain commercial items authorities to
certain procurements.
Sec. 506. Use of streamlined procedures.
Sec. 507. Review and report by Comptroller General.
Subtitle B--Other Matters
Sec. 511. Identification of new entrants into the Federal marketplace.
TITLE VI--EFFECTIVE DATE
Sec. 601. Effective date.
DIVISION B--IMMIGRATION REFORM, ACCOUNTABILITY, AND SECURITY
ENHANCEMENT ACT OF 2002
Sec. 1001. Short title.
Sec. 1002. Definitions.
TITLE XI--DIRECTORATE OF IMMIGRATION AFFAIRS
Subtitle A--Organization
Sec. 1101. Abolition of INS.
Sec. 1102. Establishment of Directorate of Immigration Affairs.
Sec. 1103. Under Secretary of Homeland Security for Immigration
Affairs.
Sec. 1104. Bureau of Immigration Services.
Sec. 1105. Bureau of Enforcement and Border Affairs.
Sec. 1106. Office of the Ombudsman within the Directorate.
Sec. 1107. Office of Immigration Statistics within the Directorate.
Sec. 1108. Clerical amendments.
Subtitle B--Transition Provisions
Sec. 1111. Transfer of functions.
Sec. 1112. Transfer of personnel and other resources.
Sec. 1113. Determinations with respect to functions and resources.
Sec. 1114. Delegation and reservation of functions.
Sec. 1115. Allocation of personnel and other resources.
Sec. 1116. Savings provisions.
Sec. 1117. Interim service of the Commissioner of Immigration and
Naturalization.
Sec. 1118. Executive Office for Immigration Review authorities not
affected.
Sec. 1119. Other authorities not affected.
Sec. 1120. Transition funding.
Subtitle C--Miscellaneous Provisions
Sec. 1121. Funding adjudication and naturalization services.
Sec. 1122. Application of Internet-based technologies.
Sec. 1123. Alternatives to detention of asylum seekers.
Subtitle D--Effective Date
Sec. 1131. Effective date.
TITLE XII--UNACCOMPANIED ALIEN CHILD PROTECTION
Sec. 1201. Short title.
Sec. 1202. Definitions.
Subtitle A--Structural Changes
Sec. 1211. Responsibilities of the Office of Refugee Resettlement with
respect to unaccompanied alien children.
Sec. 1212. Establishment of interagency task force on unaccompanied
alien children.
Sec. 1213. Transition provisions.
Sec. 1214. Effective date.
Subtitle B--Custody, Release, Family Reunification, and Detention
Sec. 1221. Procedures when encountering unaccompanied alien children.
Sec. 1222. Family reunification for unaccompanied alien children with
relatives in the United States.
Sec. 1223. Appropriate conditions for detention of unaccompanied alien
children.
Sec. 1224. Repatriated unaccompanied alien children.
Sec. 1225. Establishing the age of an unaccompanied alien child.
Sec. 1226. Effective date.
Subtitle C--Access by Unaccompanied Alien Children to Guardians Ad
Litem and Counsel
Sec. 1231. Right of unaccompanied alien children to guardians ad litem.
Sec. 1232. Right of unaccompanied alien children to counsel.
Sec. 1233. Effective date; applicability.
Subtitle D--Strengthening Policies for Permanent Protection of Alien
Children
Sec. 1241. Special immigrant juvenile visa.
Sec. 1242. Training for officials and certain private parties who come
into contact with unaccompanied alien children.
Sec. 1243. Effective date.
[[Page S8102]]
Subtitle E--Children Refugee and Asylum Seekers
Sec. 1251. Guidelines for children's asylum claims.
Sec. 1252. Unaccompanied refugee children.
Subtitle F--Authorization of Appropriations
Sec. 1261. Authorization of appropriations.
TITLE XIII--AGENCY FOR IMMIGRATION HEARINGS AND APPEALS
Subtitle A--Structure and Function
Sec. 1301. Establishment.
Sec. 1302. Director of the Agency.
Sec. 1303. Board of Immigration Appeals.
Sec. 1304. Chief Immigration Judge.
Sec. 1305. Chief Administrative Hearing Officer.
Sec. 1306. Removal of Judges.
Sec. 1307. Authorization of appropriations.
Subtitle B--Transfer of Functions and Savings Provisions
Sec. 1311. Transition provisions.
Subtitle C--Effective Date
Sec. 1321. Effective date.
DIVISION C--FEDERAL WORKFORCE IMPROVEMENT
TITLE XXI--CHIEF HUMAN CAPITAL OFFICERS
Sec. 2101. Short title.
Sec. 2102. Agency Chief Human Capital Officers.
Sec. 2103. Chief Human Capital Officers Council.
Sec. 2104. Strategic Human Capital Management.
Sec. 2105. Effective date.
TITLE XXII--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
Sec. 2201. Inclusion of agency human capital strategic planning in
performance plans and program performance reports.
Sec. 2202. Reform of the competitive service hiring process.
Sec. 2203. Permanent extension, revision, and expansion of authorities
for use of voluntary separation incentive pay and
voluntary early retirement.
Sec. 2204. Student volunteer transit subsidy.
TITLE XXIII--REFORMS RELATING TO THE SENIOR EXECUTIVE SERVICE
Sec. 2301. Repeal of recertification requirements of senior executives.
Sec. 2302. Adjustment of limitation on total annual compensation.
TITLE XXIV--ACADEMIC TRAINING
Sec. 2401. Academic training.
Sec. 2402. Modifications to National Security Education Program.
Sec. 2403. Compensatory time off for travel.
DIVISION A--NATIONAL HOMELAND SECURITY AND COMBATING TERRORISM
SEC. 100. DEFINITIONS.
Unless the context clearly indicates otherwise, the
following shall apply for purposes of this division:
(1) Agency.--Except for purposes of subtitle E of title I,
the term "agency"--
(A) means--
(i) an Executive agency as defined under section 105 of
title 5, United States Code;
(ii) a military department as defined under section 102 of
title 5, United States Code;
(iii) the United States Postal Service; and
(B) does not include the General Accounting Office.
(2) Assets.--The term "assets" includes contracts,
facilities, property, records, unobligated or unexpended
balances of appropriations, and other funds or resources
(other than personnel).
(3) Director.--The term "Director" means the Director of
the National Office for Combating Terrorism.
(4) Department.--The term "Department" means the
Department of Homeland Security established under title I.
(5) Enterprise architecture.--The term "enterprise
architecture"--
(A) means--
(i) a strategic information asset base, which defines the
mission;
(ii) the information necessary to perform the mission;
(iii) the technologies necessary to perform the mission;
and
(iv) the transitional processes for implementing new
technologies in response to changing mission needs; and
(B) includes--
(i) a baseline architecture;
(ii) a target architecture; and
(iii) a sequencing plan.
(6) Federal terrorism prevention and response agency.--The
term "Federal terrorism prevention and response agency"
means any Federal department or agency charged under the
Strategy with responsibilities for carrying out the Strategy.
(7) Functions.--The term "functions" includes
authorities, powers, rights, privileges, immunities,
programs, projects, activities, duties, responsibilities, and
obligations.
(8) Homeland.--The term "homeland" means the United
States, in a geographic sense.
(9) Local government.--The term "local government" has
the meaning given under section 102(6) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (Public
Law 93-288).
(10) Office.--The term "Office" means the National Office
for Combating Terrorism established under title II.
(11) Personnel.--The term "personnel" means officers and
employees.
(12) Risk analysis and risk management.--The term "risk
analysis and risk management" means the assessment,
analysis, management, mitigation, and communication of
homeland security threats, vulnerabilities, criticalities,
and risks.
(13) Secretary.--The term "Secretary" means the Secretary
of Homeland Security.
(14) Strategy.--The term "Strategy" means the National
Strategy for Combating Terrorism and the Homeland Security
Response developed under this division.
(15) United States.--The term "United States", when used
in a geographic sense, means any State (within the meaning of
section 102(4) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Public Law 93-288)), any
possession of the United States, and any waters within the
jurisdiction of the United States.
TITLE I--DEPARTMENT OF HOMELAND SECURITY
Subtitle A--Establishment of the Department of Homeland Security
SEC. 101. ESTABLISHMENT OF THE DEPARTMENT OF HOMELAND
SECURITY.
(a) In General.--There is established the Department of
National Homeland Security.
(b) Executive Department.--Section 101 of title 5, United
States Code, is amended by adding at the end the following:
"The Department of Homeland Security.".
(c) Mission of Department.--
(1) Homeland security.--The mission of the Department is
to--
(A) promote homeland security, particularly with regard to
terrorism;
(B) prevent terrorist attacks or other homeland threats
within the United States;
(C) reduce the vulnerability of the United States to
terrorism, natural disasters, and other homeland threats; and
(D) minimize the damage, and assist in the recovery, from
terrorist attacks or other natural or man-made crises that
occur within the United States.
(2) Other missions.--The Department shall be responsible
for carrying out the other functions, and promoting the other
missions, of entities transferred to the Department as
provided by law.
(d) Seal.--The Secretary shall procure a proper seal, with
such suitable inscriptions and devices as the President shall
approve. This seal, to be known as the official seal of the
Department of Homeland Security, shall be kept and used to
verify official documents, under such rules and regulations
as the Secretary may prescribe. Judicial notice shall be
taken of the seal.
SEC. 102. SECRETARY OF HOMELAND SECURITY.
(a) In General.--The Secretary of Homeland Security shall
be the head of the Department. The Secretary shall be
appointed by the President, by and with the advice and
consent of the Senate.
(b) Responsibilities.--The responsibilities of the
Secretary shall be the following:
(1) To develop policies, goals, objectives, priorities, and
plans for the United States for the promotion of homeland
security, particularly with regard to terrorism.
(2) To administer, carry out, and promote the other
established missions of the entities transferred to the
Department.
(3) To develop, with the Director, a comprehensive strategy
for combating terrorism and the homeland security response in
accordance with title III.
(4) To advise the Director on the development of a
comprehensive annual budget for programs and activities under
the Strategy, and have the responsibility for budget
recommendations relating to border and transportation
security, critical infrastructure protection, emergency
preparedness and response, science and technology promotion
related to homeland security, and Federal support for State
and local activities.
(5) To plan, coordinate, and integrate those Federal
Government activities relating to border and transportation
security, critical infrastructure protection, all-hazards
emergency preparedness, response, recovery, and mitigation.
(6) To serve as a national focal point to analyze all
information available to the United States related to threats
of terrorism and other homeland threats.
(7) To establish and manage a comprehensive risk analysis
and risk management program that directs and coordinates the
supporting risk analysis and risk management activities of
the Directorates and ensures coordination with entities
outside the Department engaged in such activities.
(8) To identify and promote key scientific and
technological advances that will enhance homeland security.
(9) To include, as appropriate, State and local governments
and other entities in the full range of activities undertaken
by the Department to promote homeland security, including--
(A) providing State and local government personnel,
agencies, and authorities, with appropriate intelligence
information, including warnings, regarding threats posed by
terrorism in a timely and secure manner;
(B) facilitating efforts by State and local law enforcement
and other officials to assist in the collection and
dissemination of intelligence information and to provide
information to the Department, and other agencies, in a
timely and secure manner;
(C) coordinating with State, regional, and local government
personnel, agencies, and authorities and, as appropriate,
with the private sector, other entities, and the public, to
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ensure adequate planning, team work, coordination,
information sharing, equipment, training, and exercise
activities;
(D) consulting State and local governments, and other
entities as appropriate, in developing the Strategy under
title III; and
(E) systematically identifying and removing obstacles to
developing effective partnerships between the Department,
other agencies, and State, regional, and local government
personnel, agencies, and authorities, the private sector,
other entities, and the public to secure the homeland.
(10)(A) To consult and coordinate with the Secretary of
Defense and the governors of the several States regarding
integration of the United States military, including the
National Guard, into all aspects of the Strategy and its
implementation, including detection, prevention, protection,
response, and recovery.
(B) To consult and coordinate with the Secretary of Defense
and make recommendations concerning organizational structure,
equipment, and positioning of military assets determined
critical to executing the Strategy.
(C) To consult and coordinate with the Secretary of Defense
regarding the training of personnel to respond to terrorist
attacks involving chemical or biological agents.
(11) To seek to ensure effective day-to-day coordination of
homeland security operations, and establish effective
mechanisms for such coordination, among the elements
constituting the Department and with other involved and
affected Federal, State, and local departments and agencies.
(12) To administer the Homeland Security Advisory System,
exercising primary responsibility for public threat
advisories, and (in coordination with other agencies)
providing specific warning information to State and local
government personnel, agencies and authorities, the private
sector, other entities, and the public, and advice about
appropriate protective actions and countermeasures.
(13) To conduct exercise and training programs for
employees of the Department and other involved agencies, and
establish effective command and control procedures for the
full range of potential contingencies regarding United States
homeland security, including contingencies that require the
substantial support of military assets.
(14) To annually review, update, and amend the Federal
response plan for homeland security and emergency
preparedness with regard to terrorism and other manmade and
natural disasters.
(15) To direct the acquisition and management of all of the
information resources of the Department, including
communications resources.
(16) To endeavor to make the information technology systems
of the Department, including communications systems,
effective, efficient, secure, and appropriately
interoperable.
(17) In furtherance of paragraph (16), to oversee and
ensure the development and implementation of an enterprise
architecture for Department-wide information technology, with
timetables for implementation.
(18) As the Secretary considers necessary, to oversee and
ensure the development and implementation of updated versions
of the enterprise architecture under paragraph (17).
(19) To report to Congress on the development and
implementation of the enterprise architecture under paragraph
(17) in--
(A) each implementation progress report required under
section 185; and
(B) each biennial report required under section 192(b).
(c) Visa Issuance by the Secretary.--
(1) Definition.--In this subsection, the term "consular
officer" has the meaning given that term under section
101(a)(9) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(9)).
(2) 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 under
paragraph (3), the Secretary--
(A) 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, 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
(B)(i) may delegate in whole or part the authority under
subparagraph (A) to the Secretary of State; and
(ii) 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 subparagraph (A).
(3) Authority of the secretary of state.--
(A) In general.--The Secretary of State may direct a
consular officer to refuse a visa to an alien if the
Secretary of State considers such refusal necessary or
advisable in the foreign policy or security interests of the
United States.
(B) Statutory construction.--Nothing in this subsection
shall be construed as affecting the authorities of the
Secretary of State under the following provisions of law:
(i) Section 101(a)(15)(A) of the Immigration and
Nationality Act (8 U.S.C. 1101(15)(A)).
(ii) 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)).
(iii) Section 212(a)(3)(B)(i)(VI) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(VI)).
(iv) Section 212(a)(3)(B)(vi)(II) of the Immigration and
Nationality Act (8 U.S.C. 1182 (a)(3)(B)(vi)(II)).
(v) Section 212(a)(3)(C) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(C)).
(vi) Section 212(a)(10)(C) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(10)(C)).
(vii) Section 212(f) of the Immigration and Nationality Act
(8 U.S.C. 1182(f)).
(viii) Section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)).
(ix) Section 237(a)(4)(C) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(4)(C)).
(x) Section 104 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6034).
(xi) Section 616 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 1999 (Public Law 105-277).
(xii) Section 103(f) of the Chemical Weapons Convention
Implementation Act of 1998 (112 Stat. 2681-865).
(xiii) Section 801 of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years
2002 and 2001 (113 Stat. 1501A-468).
(xiv) Section 568 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002
(Public Law 107-115).
(xv) Section 51 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2723).
(xvi) 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).
(4) Consular officers and chiefs of missions.--Nothing in
this subsection 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).
(5) Assignment of homeland security employees to diplomatic
and consular posts.--
(A) In general.--The Secretary is authorized to assign
employees of the Department to diplomatic and consular posts
abroad to perform the following functions:
(i) Provide expert advice to consular officers regarding
specific security threats relating to the adjudication of
individual visa applications or classes of applications.
(ii) 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.
(iii) Conduct investigations with respect to matters under
the jurisdiction of the Secretary.
(B) Permanent assignment; participation in terrorist
lookout committee.--When appropriate, employees of the
Department assigned to perform functions described in
subparagraph (A) 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).
(C) Training and hiring.--
(i) In general.--The Secretary shall ensure that any
employees of the Department assigned to perform functions
described under subparagraph (A) and, as appropriate,
consular officers, shall be provided all necessary training
to enable them to carry out such functions, including
training in foreign languages, in conditions in the
particular country where each employee is assigned, and in
other appropriate areas of study.
(ii) Foreign language proficiency.--Before assigning
employees of the Department to perform the functions
described under subparagraph (A), the Secretary shall
promulgate regulations establishing foreign language
proficiency requirements for employees of the Department
performing the functions described under subparagraph (A) and
providing that preference shall be given to individuals who
meet such requirements in hiring employees for the
performance of such functions.
(iii) 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
clause (i).
(6) 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.
(7) 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
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(B) the date occurring 1 year after the date of enactment
of this Act.
(d) Membership on the National Security Council.--Section
101(a) of the National Security Act of 1947 (50 U.S.C.
402(a)) is amended in the fourth sentence by striking
paragraphs (5), (6), and (7) and inserting the following:
"(5) the Secretary of Homeland Security; and
"(6) each Secretary or Under Secretary of such other
executive department, or of a military department, as the
President shall designate.".
SEC. 103. DEPUTY SECRETARY OF HOMELAND SECURITY.
(a) In General.--There shall be in the Department a Deputy
Secretary of Homeland Security, who shall be appointed by the
President, by and with the advice and consent of the Senate.
(b) Responsibilities.--The Deputy Secretary of Homeland
Security shall--
(1) assist the Secretary in the administration and
operations of the Department;
(2) perform such responsibilities as the Secretary shall
prescribe; and
(3) act as the Secretary during the absence or disability
of the Secretary or in the event of a vacancy in the office
of the Secretary.
SEC. 104. UNDER SECRETARY FOR MANAGEMENT.
(a) In General.--There shall be in the Department an Under
Secretary for Management, who shall be appointed by the
President, by and with the advice and consent of the Senate.
(b) Responsibilities.--The Under Secretary for Management
shall report to the Secretary, who may assign to the Under
Secretary such functions related to the management and
administration of the Department as the Secretary may
prescribe, including--
(1) the budget, appropriations, expenditures of funds,
accounting, and finance;
(2) procurement;
(3) human resources and personnel;
(4) information technology and communications systems;
(5) facilities, property, equipment, and other material
resources;
(6) security for personnel, information technology and
communications systems, facilities, property, equipment, and
other material resources; and
(7) identification and tracking of performance measures
relating to the responsibilities of the Department.
SEC. 105. ASSISTANT SECRETARIES.
(a) In General.--There shall be in the Department not more
than 5 Assistant Secretaries (not including the 2 Assistant
Secretaries appointed under division B), each of whom shall
be appointed by the President, by and with the advice and
consent of the Senate.
(b) Responsibilities.--
(1) In general.--Whenever the President submits the name of
an individual to the Senate for confirmation as an Assistant
Secretary under this section, the President shall describe
the general responsibilities that such appointee will
exercise upon taking office.
(2) Assignment.--Subject to paragraph (1), the Secretary
shall assign to each Assistant Secretary such functions as
the Secretary considers appropriate.
SEC. 106. INSPECTOR GENERAL.
(a) In General.--There shall be in the Department an
Inspector General. The Inspector General and the Office of
Inspector General shall be subject to the Inspector General
Act of 1978 (5 U.S.C. App.).
(b) Establishment.--Section 11 of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by inserting "Homeland Security,"
after "Health and Human Services,"; and
(2) in paragraph (2), by inserting "Homeland Security,"
after "Health and Human Services,".
(c) Review of the Department of Homeland Security.--The
Inspector General shall designate 1 official who shall--
(1) review information and receive complaints alleging
abuses of civil rights and civil liberties by employees and
officials of the Department;
(2) publicize, through the Internet, radio, television, and
newspaper advertisements--
(A) information on the responsibilities and functions of
the official; and
(B) instructions on how to contact the official; and
(3) on a semi-annual basis, submit to Congress, for
referral to the appropriate committee or committees, a
report--
(A) describing the implementation of this subsection;
(B) detailing any civil rights abuses under paragraph (1);
and
(C) accounting for the expenditure of funds to carry out
this subsection.
(d) Additional Provisions With Respect to the Inspector
General of the Department of Homeland Security.--The
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating section 8I as section 8J; and
(2) by inserting after section 8H the following:
special provisions concerning the department of homeland security
"Sec. 8I. (a)(1) Notwithstanding the last 2 sentences of
section 3(a), the Inspector General of the Department of
Homeland Security (in this section referred to as the
"Inspector General") shall be under the authority,
direction, and control of the Secretary of Homeland Security
(in this section referred to as the "Secretary") with
respect to audits or investigations, or the issuance of
subpoenas, which require access to sensitive information
concerning--
"(A) intelligence or counterintelligence matters;
"(B) ongoing criminal investigations or proceedings;
"(C) undercover operations;
"(D) the identity of confidential sources, including
protected witnesses;
"(E) other matters the disclosure of which would
constitute a serious threat to the protection of any person
or property authorized protection by--
"(i) section 3056 of title 18, United States Code;
"(ii) section 202 of title 3, United States Code; or
"(iii) any provision of the Presidential Protection
Assistance Act of 1976 (18 U.S.C. 3056 note); or
"(F) other matters the disclosure of which would
constitute a serious threat to national security.
"(2) With respect to the information described under
paragraph (1), the Secretary may prohibit the Inspector
General from carrying out or completing any audit or
investigation, or from issuing any subpoena, after such
Inspector General has decided to initiate, carry out, or
complete such audit or investigation or to issue such
subpoena, if the Secretary determines that such prohibition
is necessary to--
"(A) prevent the disclosure of any information described
under paragraph (1);
"(B) preserve the national security; or
"(C) prevent significant impairment to the national
interests of the United States.
"(3) If the Secretary exercises any power under paragraph
(1) or (2), the Secretary shall notify the Inspector General
in writing (appropriately classified, if necessary) within 7
calendar days stating the reasons for such exercise. Within
30 days after receipt of any such notice, the Inspector
General shall transmit a copy of such notice, together with
such comments concerning the exercise of such power as the
Inspector General considers appropriate, to--
"(A) the President of the Senate;
"(B) the Speaker of the House of Representatives;
"(C) the Committee on Governmental Affairs of the Senate;
"(D) the Committee on Government Reform of the House of
Representatives; and
"(E) other appropriate committees or subcommittees of
Congress.
"(b)(1) In carrying out the duties and responsibilities
under this Act, the Inspector General shall have oversight
responsibility for the internal investigations and audits
performed by any other office performing internal
investigatory or audit functions in any subdivision of the
Department of Homeland Security.
"(2) The head of each other office described under
paragraph (1) shall promptly report to the Inspector General
the significant activities being carried out by such office.
"(3) Notwithstanding paragraphs (1) and (2), the Inspector
General may initiate, conduct, and supervise such audits and
investigations in the Department (including in any
subdivision referred to in paragraph (1)) as the Inspector
General considers appropriate.
"(4) If the Inspector General initiates an audit or
investigation under paragraph (3) concerning a subdivision
referred to in paragraph (1), the Inspector General may
provide the head of the other office performing internal
investigatory or audit functions in the subdivision with
written notice that the Inspector General has initiated such
an audit or investigation. If the Inspector General issues
such a notice, no other audit or investigation shall be
initiated into the matter under audit or investigation by the
Inspector General, and any other audit or investigation of
such matter shall cease.
"(c) Any report required to be transmitted by the
Secretary to the appropriate committees or subcommittees of
Congress under section 5(d) shall also be transmitted, within
the 7-day period specified under that subsection, to--
"(1) the President of the Senate;
"(2) the Speaker of the House of Representatives;
"(3) the Committee on Governmental Affairs of the Senate;
and
"(4) the Committee on Government Reform of the House of
Representatives.".
(e) Technical and Conforming Amendments.--The Inspector
General Act of 1978 (5 U.S.C. appendix) is amended--
(1) in section 4(b), by striking "8F" each place it
appears and inserting "8G"; and
(2) in section 8J (as redesignated by subsection (c)(1)),
by striking "or 8H" and inserting ", 8H, or 8I"."
SEC. 107. CHIEF FINANCIAL OFFICER.
(a) In General.--There shall be in the Department a Chief
Financial Officer, who shall be appointed or designated in
the manner prescribed under section 901(a)(1) of title 31,
United States Code.
(b) Establishment.--Section 901(b)(1) of title 31, United
States Code, is amended--
(1) by redesignating subparagraphs (G) through (P) as
subparagraphs (H) through (Q), respectively; and
(2) by inserting after subparagraph (F) the following:
"(G) The Department of Homeland Security.".
[[Page S8105]]
SEC. 108. CHIEF INFORMATION OFFICER.
(a) In General.--There shall be in the Department a Chief
Information Officer, who shall be designated in the manner
prescribed under section 3506(a)(2)(A) of title 44, United
States Code.
(b) Responsibilities.--The Chief Information Officer shall
assist the Secretary with Department-wide information
resources management and perform those duties prescribed by
law for chief information officers of agencies.
SEC. 109. GENERAL COUNSEL.
(a) In General.--There shall be in the Department a General
Counsel, who shall be appointed by the President, by and with
the advice and consent of the Senate.
(b) Responsibilities.--The General Counsel shall--
(1) serve as the chief legal officer of the Department;
(2) provide legal assistance to the Secretary concerning
the programs and policies of the Department; and
(3) advise and assist the Secretary in carrying out the
responsibilities under section 102(b).
SEC. 110. CIVIL RIGHTS OFFICER.
(a) In General.--There shall be in the Department a Civil
Rights Officer, who shall be appointed by the President, by
and with the advice and consent of the Senate.
(b) Responsibilities.--The Civil Rights Officer shall be
responsible for--
(1) ensuring compliance with all civil rights and related
laws and regulations applicable to Department employees and
participants in Department programs;
(2) coordinating administration of all civil rights and
related laws and regulations within the Department for
Department employees and participants in Department programs;
(3) assisting the Secretary, directorates, and offices with
the development and implementation of policies and procedures
that ensure that civil rights considerations are
appropriately incorporated and implemented in Department
programs and activities;
(4) overseeing compliance with statutory and constitutional
requirements related to the civil rights of individuals
affected by the programs and activities of the Department;
and
(5) notifying the Inspector General of any matter that, in
the opinion of the Civil Rights Officer, warrants further
investigation.
SEC. 111. PRIVACY OFFICER.
(a) In General.--There shall be in the Department a Privacy
Officer, who shall be appointed by the Secretary.
(b) Responsibilities.--The Privacy Officer shall--
(1) oversee compliance with section 552a of title 5, United
States Code (commonly referred to as the Privacy Act of 1974)
and all other applicable laws relating to the privacy of
personal information;
(2) assist the Secretary, directorates, and offices with
the development and implementation of policies and procedures
that ensure that--
(A) privacy considerations and safeguards are appropriately
incorporated and implemented in Department programs and
activities; and
(B) any information received by the Department is used or
disclosed in a manner that minimizes the risk of harm to
individuals from the inappropriate disclosure or use of such
materials;
(3) assist Department personnel with the preparation of
privacy impact assessments when required by law or considered
appropriate by the Secretary; and
(4) notify the Inspector General of any matter that, in the
opinion of the Privacy Officer, warrants further
investigation.
SEC. 112. CHIEF HUMAN CAPITAL OFFICER.
(a) In General.--The Secretary shall appoint or designate a
Chief Human Capital Officer, who shall--
(1) advise and assist the Secretary and other officers of
the Department in ensuring that the workforce of the
Department has the necessary skills and training, and that
the recruitment and retention policies of the Department
allow the Department to attract and retain a highly qualified
workforce, in accordance with all applicable laws and
requirements, to enable the Department to achieve its
missions;
(2) oversee the implementation of the laws, rules and
regulations of the President and the Office of Personnel
Management governing the civil service within the Department;
and
(3) advise and assist the Secretary in planning and
reporting under the Government Performance and Results Act of
1993 (including the amendments made by that Act), with
respect to the human capital resources and needs of the
Department for achieving the plans and goals of the
Department.
(b) Responsibilities.--The responsibilities of the Chief
Human Capital Officer shall include--
(1) setting the workforce development strategy of the
Department;
(2) assessing workforce characteristics and future needs
based on the mission and strategic plan of the Department;
(3) aligning the human resources policies and programs of
the Department with organization mission, strategic goals,
and performance outcomes;
(4) developing and advocating a culture of continuous
learning to attract and retain employees with superior
abilities;
(5) identifying best practices and benchmarking studies;
(6) applying methods for measuring intellectual capital and
identifying links of that capital to organizational
performance and growth; and
(7) providing employee training and professional
development.
SEC. 113. OFFICE OF INTERNATIONAL AFFAIRS.
(a) Establishment.--There is established within the Office
of the Secretary, an Office of International Affairs. The
Office shall be headed by a Director who shall be appointed
by the Secretary.
(b) Responsibilities of the Director.--The Director shall
have the following responsibilities:
(1) To promote information and education exchange with
foreign nations in order to promote sharing of best practices
and technologies relating to homeland security. Such
information exchange shall include--
(A) joint research and development on countermeasures;
(B) joint training exercises of first responders; and
(C) exchange of expertise on terrorism prevention,
response, and crisis management.
(2) To identify areas for homeland security information and
training exchange.
(3) To plan and undertake international conferences,
exchange programs, and training activities.
(4) To manage activities under this section and other
international activities within the Department in
consultation with the Department of State and other relevant
Federal officials.
(5) To initially concentrate on fostering cooperation with
countries that are already highly focused on homeland
security issues and that have demonstrated the capability for
fruitful cooperation with the United States in the area of
counterterrorism.
SEC. 114. EXECUTIVE SCHEDULE POSITIONS.
(a) Executive Schedule Level I Position.--Section 5312 of
title 5, United States Code, is amended by adding at the end
the following:
"Secretary of Homeland Security.".
(b) Executive Schedule Level II Position.--Section 5313 of
title 5, United States Code, is amended by adding at the end
the following:
"Deputy Secretary of Homeland Security.".
(c) Executive Schedule Level III Position.--Section 5314 of
title 5, United States Code, is amended by adding at the end
the following:
"Under Secretary for Management, Department of Homeland
Security.".
(d) Executive Schedule Level IV Positions.--Section 5315 of
title 5, United States Code, is amended by adding at the end
the following:
"Assistant Secretaries of Homeland Security (5).
"Inspector General, Department of Homeland Security.
"Chief Financial Officer, Department of Homeland Security.
"Chief Information Officer, Department of Homeland
Security.
"General Counsel, Department of Homeland Security.".
Subtitle B--Establishment of Directorates and Offices
SEC. 131. DIRECTORATE OF BORDER AND TRANSPORTATION
PROTECTION.
(a) Establishment.--
(1) Directorate.--There is established within the
Department the Directorate of Border and Transportation
Protection.
(2) Under secretary.--There shall be an Under Secretary for
Border and Transportation, who shall be appointed by the
President, by and with the advice and consent of the Senate.
(b) Responsibilities.--The Directorate of Border and
Transportation Protection shall be responsible for the
following:
(1) Securing the borders, territorial waters, ports,
terminals, waterways and air, land (including rail), and sea
transportation systems of the United States, including
coordinating governmental activities at ports of entry.
(2) Receiving and providing relevant intelligence on
threats of terrorism and other homeland threats.
(3) Administering, carrying out, and promoting other
established missions of the entities transferred to the
Directorate.
(4) Using intelligence from the Directorate of Intelligence
and other Federal intelligence organizations under section
132(a)(1)(B) to establish inspection priorities to identify
products, including agriculture and livestock, and other
goods imported from suspect locations recognized by the
intelligence community as having terrorist activities,
unusual human health or agriculture disease outbreaks, or
harboring terrorists.
(5) Providing agency-specific training for agents and
analysts within the Department, other agencies, and State and
local agencies and international entities that have
established partnerships with the Federal Law Enforcement
Training Center.
(6) Assisting and supporting the Secretary, in coordination
with other Directorates and entities outside the Department,
in conducting appropriate risk analysis and risk management
activities consistent with the mission and functions of the
Directorate.
(7) Performing such other duties as assigned by the
Secretary.
(c) Transfer of Authorities, Functions, Personnel, and
Assets to the Department.--Except as provided under
subsection
[[Page S8106]]
(d), the authorities, functions, personnel, and assets of the
following entities are transferred to the Department:
(1) The United States Customs Service, which shall be
maintained as a distinct entity within the Department.
(2) The United States Coast Guard, which shall be
maintained as a distinct entity within the Department.
(3) The Animal and Plant Health Inspection Service of the
Department of Agriculture, that portion of which administers
laws relating to agricultural quarantine inspections at
points of entry.
(4) The Transportation Security Administration of the
Department of Transportation.
(5) The Federal Law Enforcement Training Center of the
Department of the Treasury.
(d) Exercise of Customs Revenue Authority.--
(1) In general.--
(A) Authorities not transferred.--Notwithstanding
subsection (c), authority that was vested in the Secretary of
the Treasury by law to issue regulations related to customs
revenue functions before the effective date of this section
under the provisions of law set forth under paragraph (2)
shall not be transferred to the Secretary by reason of this
Act. The Secretary of the Treasury, with the concurrence of
the Secretary, shall exercise this authority. The
Commissioner of Customs is authorized to engage in activities
to develop and support the issuance of the regulations
described in this paragraph. The Secretary shall be
responsible for the implementation and enforcement of
regulations issued under this section.
(B) Report.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the Treasury shall
submit a report to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives of proposed conforming amendments to the
statutes set forth under paragraph (2) in order to determine
the appropriate allocation of legal authorities described
under this subsection. The Secretary of the Treasury shall
also identify those authorities vested in the Secretary of
the Treasury that are exercised by the Commissioner of
Customs on or before the effective date of this section.
(C) Liability.--Neither the Secretary of the Treasury nor
the Department of the Treasury shall be liable for or named
in any legal action concerning the implementation and
enforcement of regulations issued under this paragraph on or
after the date on which the United States Customs Service is
transferred under this division.
(2) Applicable laws.--The provisions of law referred to
under paragraph (1) are those sections of the following
statutes that relate to customs revenue functions:
(A) The Tariff Act of 1930 (19 U.S.C. 1304 et seq.).
(B) Section 249 of the Revised Statutes of the United
States (19 U.S.C. 3).
(C) Section 2 of the Act of March 4, 1923 (19 U.S.C. 6).
(D) Section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c).
(E) Section 251 of the Revised Statutes of the United
States (19 U.S.C. 66).
(F) Section 1 of the Act of June 26, 1930 (19 U.S.C. 68).
(G) The Foreign Trade Zones Act (19 U.S.C. 81a et seq.).
(H) Section 1 of the Act of March 2, 1911 (19 U.S.C. 198).
(I) The Trade Act of 1974 (19 U.S.C. 2101 et seq.).
(J) The Trade Agreements Act of 1979 (19 U.S.C. 2502 et
seq.).
(K) The North American Free Trade Agreement Implementation
Act (19 U.S.C. 3301 et seq.).
(L) The Uruguay Round Agreements Act (19 U.S.C. 3501 et
seq.).
(M) The Caribbean Basin Economic Recovery Act (19 U.S.C.
2701 et seq.).
(N) The Andean Trade Preference Act (19 U.S.C. 3201 et
seq.).
(O) The African Growth and Opportunity Act (19 U.S.C. 3701
et seq.).
(P) Any other provision of law vesting customs revenue
functions in the Secretary of the Treasury.
(3) Definition of customs revenue functions.--In this
subsection, the term "customs revenue functions" means--
(A) assessing, collecting, and refunding duties (including
any special duties), excise taxes, fees, and any liquidated
damages or penalties due on imported merchandise,
including classifying and valuing merchandise and the
procedures for "entry" as that term is defined in the
United States Customs laws;
(B) administering section 337 of the Tariff Act of 1930 and
provisions relating to import quotas and the marking of
imported merchandise, and providing Customs Recordations for
copyrights, patents, and trademarks;
(C) collecting accurate import data for compilation of
international trade statistics; and
(D) administering reciprocal trade agreements and trade
preference legislation.
(e) Preserving Coast Guard Mission Performance.--
(1) Definitions.--In this subsection:
(A) Non-homeland security missions.--The term "non-
homeland security missions" means the following missions of
the Coast Guard:
(i) Marine safety.
(ii) Search and rescue.
(iii) Aids to navigation.
(iv) Living marine resources (fisheries law enforcement).
(v) Marine environmental protection.
(vi) Ice operations.
(B) Homeland security missions.--The term "homeland
security missions" means the following missions of the Coast
Guard:
(i) Ports, waterways and coastal security.
(ii) Drug interdiction.
(iii) Migrant interdiction.
(iv) Defense readiness.
(v) Other law enforcement.
(2) Maintenance of status of functions and assets.--
Notwithstanding any other provision of this Act, the
authorities, functions, assets, organizational structure,
units, personnel, and non-homeland security missions of the
Coast Guard shall be maintained intact and without reduction
after the transfer of the Coast Guard to the Department,
except as specified in subsequent Acts.
(3) Certain transfers prohibited.--None of the missions,
functions, personnel, and assets (including for purposes of
this subsection ships, aircraft, helicopters, and vehicles)
of the Coast Guard may be transferred to the operational
control of, or diverted to the principal and continuing use
of, any other organization, unit, or entity of the
Department.
(4) Changes to non-homeland security missions.--
(A) Prohibition.--The Secretary may not make any
substantial or significant change to any of the non-homeland
security missions of the Coast Guard, or to the capabilities
of the Coast Guard to carry out each of the non-homeland
security missions, without the prior approval of Congress as
expressed in a subsequent Act.
(B) Waiver.--The President may waive the restrictions under
subparagraph (A) for a period of not to exceed 90 days upon a
declaration and certification by the President to Congress
that a clear, compelling, and immediate state of national
emergency exists that justifies such a waiver. A
certification under this paragraph shall include a detailed
justification for the declaration and certification,
including the reasons and specific information that
demonstrate that the Nation and the Coast Guard cannot
respond effectively to the national emergency if the
restrictions under subparagraph (A) are not waived.
(5) Annual review.--
(A) In general.--The Inspector General of the Department
shall conduct an annual review that shall assess thoroughly
the performance by the Coast Guard of all missions of the
Coast Guard (including non-homeland security missions and
homeland security missions) with a particular emphasis on
examining the non-homeland security missions.
(B) Report.--The report under this paragraph shall be
submitted not later than March 1 of each year to--
(i) the Committee on Governmental Affairs of the Senate;
(ii) the Committee on Government Reform of the House of
Representatives;
(iii) the Committees on Appropriations of the Senate and
the House of Representatives;
(iv) the Committee on Commerce, Science, and Transportation
of the Senate; and
(v) the Committee on Transportation and Infrastructure of
the House of Representatives.
(6) Direct reporting to secretary.--Upon the transfer of
the Coast Guard to the Department, the Commandant shall
report directly to the Secretary without being required to
report through any other official of the Department.
(7) Operation as a service in the navy.--None of the
conditions and restrictions in this subsection shall apply
when the Coast Guard operates as a service in the Navy under
section 3 of title 14, United States Code.
SEC. 132. DIRECTORATE OF INTELLIGENCE.
(a) Establishment.--
(1) Directorate.--
(A) In general.--There is established a Directorate of
Intelligence which shall serve as a national-level focal
point for information available to the United States
Government relating to the plans, intentions, and
capabilities of terrorists and terrorist organizations for
the purpose of supporting the mission of the Department.
(B) Support to directorate.--The Directorate of
Intelligence shall communicate, coordinate, and cooperate
with--
(i) the Federal Bureau of Investigation;
(ii) the intelligence community, as defined under section 3
of the National Security Act of 1947 (50 U.S.C. 401a),
including the Office of the Director of Central Intelligence,
the National Intelligence Council, the Central Intelligence
Agency, the National Security Agency, the Defense
Intelligence Agency, the National Imagery and Mapping Agency,
the National Reconnaissance Office, and the Bureau of
Intelligence and Research of the Department of State; and
(iii) other agencies or entities, including those within
the Department, as determined by the Secretary.
(C) Information on international terrorism.--
(i) Definitions.--In this subparagraph, the terms "foreign
intelligence" and "counterintelligence" shall have the
meaning given those terms in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a).
(ii) Provision of information to counterterrorist center.--
In order to ensure that the Secretary is provided with
appropriate analytical products, assessments,
[[Page S8107]]
and warnings relating to threats of terrorism against the
United States and other threats to homeland security, the
Director of Central Intelligence (as head of the intelligence
community with respect to foreign intelligence and
counterintelligence), the Attorney General, and the heads of
other agencies of the Federal Government shall ensure that
all intelligence and other information relating to
international terrorism is provided to the Director of
Central Intelligence's Counterterrorist Center.
(iii) Analysis of information.--The Director of Central
Intelligence shall ensure the analysis by the
Counterterrorist Center of all intelligence and other
information provided the Counterterrorist Center under clause
(ii).
(iv) Analysis of foreign intelligence.--The
Counterterrorist Center shall have primary responsibility for
the analysis of foreign intelligence relating to
international terrorism.
(2) Under secretary.--There shall be an Under Secretary for
Intelligence who shall be appointed by the President, by and
with the advice and consent of the Senate.
(b) Responsibilities.--The Directorate of Intelligence
shall be responsible for the following:
(1)(A) Receiving and analyzing law enforcement and other
information from agencies of the United States Government,
State and local government agencies (including law
enforcement agencies), and private sector entities, and
fusing such information and analysis with analytical
products, assessments, and warnings concerning foreign
intelligence from the Director of Central Intelligence's
Counterterrorist Center in order to--
(i) identify and assess the nature and scope of threats to
the homeland; and
(ii) detect and identify threats of terrorism against the
United States and other threats to homeland security.
(B) Nothing in this paragraph shall be construed to
prohibit the Directorate from conducting supplemental
analysis of foreign intelligence relating to threats of
terrorism against the United States and other threats to
homeland security.
(2) Ensuring timely and efficient access by the Directorate
to--
(A) information from agencies described under subsection
(a)(1)(B), State and local governments, local law enforcement
and intelligence agencies, private sector entities; and
(B) open source information.
(3) Representing the Department in procedures to establish
requirements and priorities in the collection of national
intelligence for purposes of the provision to the executive
branch under section 103 of the National Security Act of 1947
(50 U.S.C. 403-3) of national intelligence relating to
foreign terrorist threats to the homeland.
(4) Consulting with the Attorney General or the designees
of the Attorney General, and other officials of the United
States Government to establish overall collection priorities
and strategies for information, including law enforcement
information, relating to domestic threats, such as
terrorism, to the homeland.
(5) Disseminating information to the Directorate of
Critical Infrastructure Protection, the agencies described
under subsection (a)(1)(B), State and local governments,
local law enforcement and intelligence agencies, and private
sector entities to assist in the deterrence, prevention,
preemption, and response to threats of terrorism against the
United States and other threats to homeland security.
(6) Establishing and utilizing, in conjunction with the
Chief Information Officer of the Department and the
appropriate officers of the agencies described under
subsection (a)(1)(B), a secure communications and information
technology infrastructure, and advanced analytical tools, to
carry out the mission of the Directorate.
(7) Developing, in conjunction with the Chief Information
Officer of the Department and appropriate officers of the
agencies described under subsection (a)(1)(B), appropriate
software, hardware, and other information technology, and
security and formatting protocols, to ensure that Federal
Government databases and information technology systems
containing information relevant to terrorist threats, and
other threats against the United States, are--
(A) compatible with the secure communications and
information technology infrastructure referred to under
paragraph (6); and
(B) comply with Federal laws concerning privacy and the
prevention of unauthorized disclosure.
(8) Ensuring, in conjunction with the Director of Central
Intelligence and the Attorney General, that all material
received by the Department is protected against unauthorized
disclosure and is utilized by the Department only in the
course and for the purpose of fulfillment of official duties,
and is transmitted, retained, handled, and disseminated
consistent with--
(A) the authority of the Director of Central Intelligence
to protect intelligence sources and methods from unauthorized
disclosure under the National Security Act of 1947 (50 U.S.C.
401 et seq.) and related procedures; or
(B) as appropriate, similar authorities of the Attorney
General concerning sensitive law enforcement information, and
the privacy interests of United States persons as defined
under section 101 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801).
(9) Providing, through the Secretary, to the appropriate
law enforcement or intelligence agency, information and
analysis relating to threats.
(10) Coordinating, or where appropriate providing, training
and other support as necessary to providers of information to
the Department, or consumers of information from the
Department, to allow such providers or consumers to identify
and share intelligence information revealed in their ordinary
duties or utilize information received from the Department,
including training and support under section 908 of the USA
PATRIOT Act of 2001 (Public Law 107-56).
(11) Reviewing, analyzing, and making recommendations
through the Secretary for improvements in the policies and
procedures governing the sharing of law enforcement,
intelligence, and other information relating to threats of
terrorism against the United States and other threats to
homeland security within the United States Government and
between the United States Government and State and local
governments, local law enforcement and intelligence agencies,
and private sector entities.
(12) Assisting and supporting the Secretary, in
coordination with other Directorates and entities outside the
Department, in conducting appropriate risk analysis and risk
management activities consistent with the mission and
functions of the Directorate.
(13) Performing other related and appropriate duties as
assigned by the Secretary.
(c) Access to Information.--
(1) In general.--Unless otherwise directed by the
President, the Secretary shall have access to, and United
States Government agencies shall provide, all reports,
assessments, analytical information, and information,
including unevaluated intelligence, relating to the plans,
intentions, capabilities, and activities of terrorists and
terrorist organizations, and to other areas of responsibility
as described in this division, that may be collected,
possessed, or prepared, by any other United States Government
agency.
(2) Additional information.--As the President may further
provide, the Secretary shall receive additional information
requested by the Secretary from the agencies described under
subsection (a)(1)(B).
(3) Obtaining information.--All information shall be
provided to the Secretary consistent with the requirements of
subsection (b)(8), unless otherwise determined by the
President.
(4) Cooperative arrangements.--The Secretary may enter into
cooperative arrangements with agencies described under
subsection (a)(1)(B) to share material on a regular or
routine basis, including arrangements involving broad
categories of material, and regardless of whether the
Secretary has entered into any such cooperative arrangement,
all agencies described under subsection (a)(1)(B) shall
promptly provide information under this subsection.
(d) Authorization To Share Law Enforcement Information.--
The Secretary shall be deemed to be a Federal law
enforcement, intelligence, protective, national defense, or
national security official for purposes of information
sharing provisions of--
(1) section 203(d) of the USA PATRIOT Act of 2001 (Public
Law 107-56);
(2) section 2517(6) of title 18, United States Code; and
(3) rule 6(e)(3)(C) of the Federal Rules of Criminal
Procedure.
(e) Additional Risk Analysis and Risk Management
Responsibilities.--The Under Secretary for Intelligence
shall, in coordination with the Office of Risk Analysis and
Assessment in the Directorate of Science and Technology, be
responsible for--
(1) developing analysis concerning the means and methods
terrorists might employ to exploit vulnerabilities in the
homeland security infrastructure;
(2) supporting experiments, tests, and inspections to
identify weaknesses in homeland defenses;
(3) developing countersurveillance techniques to prevent
attacks;
(4) conducting risk assessments to determine the risk posed
by specific kinds of terrorist attacks, the probability of
successful attacks, and the feasibility of specific
countermeasures.
(f) Management and Staffing.--
(1) In general.--The Directorate of Intelligence shall be
staffed, in part, by analysts as requested by the Secretary
and assigned by the agencies described under subsection
(a)(1)(B). The analysts shall be assigned by reimbursable
detail for periods as determined necessary by the Secretary
in conjunction with the head of the assigning agency. No such
detail may be undertaken without the consent of the assigning
agency.
(2) Employees assigned within department.--The Secretary
may assign employees of the Department by reimbursable detail
to the Directorate.
(3) Service as factor for selection.--The President, or the
designee of the President, shall prescribe regulations to
provide that service described under paragraph (1) or (2), or
service by employees within the Directorate, shall be
considered a positive factor for selection to positions of
greater authority within all agencies described under
subsection (a)(1)(B).
(4) Personnel security standards.--The employment of
personnel in the Directorate shall be in accordance with such
personnel security standards for access to classified
information and intelligence as the Secretary, in conjunction
with the Director of Central
[[Page S8108]]
Intelligence, shall establish for this subsection.
(5) Performance evaluation.--The Secretary shall evaluate
the performance of all personnel detailed to the Directorate,
or delegate such responsibility to the Under Secretary for
Intelligence.
(g) Intelligence Community.--Those portions of the
Directorate of Intelligence under subsection (b)(1), and the
intelligence-related components of agencies transferred by
this division to the Department, including the United States
Coast Guard, shall be--
(1) considered to be part of the United States intelligence
community within the meaning of section 3 of the National
Security Act of 1947 (50 U.S.C. 401a); and
(2) for budgetary purposes, within the National Foreign
Intelligence Program.
SEC. 133. DIRECTORATE OF CRITICAL INFRASTRUCTURE PROTECTION.
(a) Establishment.--
(1) Directorate.--There is established within the
Department the Directorate of Critical Infrastructure
Protection.
(2) Under secretary.--There shall be an Under Secretary for
Critical Infrastructure Protection, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
(b) Responsibilities.--The Directorate of Critical
Infrastructure Protection shall be responsible for the
following:
(1) Receiving relevant intelligence from the Directorate of
Intelligence, law enforcement information, and other
information in order to comprehensively assess the
vulnerabilities of the key resources and critical
infrastructures in the United States.
(2) Integrating relevant information, intelligence
analysis, and vulnerability assessments (whether such
information, analyses, or assessments are provided by the
Department or others) to identify priorities and support
protective measures by the Department, by other agencies, by
State and local government personnel, agencies, and
authorities, by the private sector, and by other entities, to
protect the key resources and critical infrastructures in the
United States.
(3) As part of the Strategy, developing a comprehensive
national plan for securing the key resources and critical
infrastructure in the United States.
(4) Assisting and supporting the Secretary, in coordination
with other Directorates and entities outside the Department,
in conducting appropriate risk analysis and risk management
activities consistent with the mission and functions of the
Directorate. This shall include, in coordination with the
Office of Risk Analysis and Assessment in the Directorate of
Science and Technology, establishing procedures, mechanisms,
or units for the purpose of utilizing intelligence to
identify vulnerabilities and protective measures in--
(A) public health infrastructure;
(B) food and water storage, production and distribution;
(C) commerce systems, including banking and finance;
(D) energy systems, including electric power and oil and
gas production and storage;
(E) transportation systems, including pipelines;
(F) information and communication systems;
(G) continuity of government services; and
(H) other systems or facilities the destruction or
disruption of which could cause substantial harm to health,
safety, property, or the environment.
(5) Enhancing the sharing of information regarding cyber
security and physical security of the United States,
developing appropriate security standards, tracking
vulnerabilities, proposing improved risk management
policies, and delineating the roles of various Government
agencies in preventing, defending, and recovering from
attacks.
(6) Acting as the Critical Information Technology,
Assurance, and Security Officer of the Department and
assuming the responsibilities carried out by the Critical
Infrastructure Assurance Office and the National
Infrastructure Protection Center before the effective date of
this division.
(7) Coordinating the activities of the Information Sharing
and Analysis Centers to share information, between the public
and private sectors, on threats, vulnerabilities, individual
incidents, and privacy issues regarding homeland security.
(8) Working closely with the Department of State on cyber
security issues with respect to international bodies and
coordinating with appropriate agencies in helping to
establish cyber security policy, standards, and enforcement
mechanisms.
(9) Establishing the necessary organizational structure
within the Directorate to provide leadership and focus on
both cyber security and physical security, and ensuring the
maintenance of a nucleus of cyber security and physical
security experts within the United States Government.
(10) Performing such other duties as assigned by the
Secretary.
(c) Transfer of Authorities, Functions, Personnel, and
Assets to the Department.--The authorities, functions,
personnel, and assets of the following entities are
transferred to the Department:
(1) The Critical Infrastructure Assurance Office of the
Department of Commerce.
(2) The National Infrastructure Protection Center of the
Federal Bureau of Investigation (other than the Computer
Investigations and Operations Section).
(3) The National Communications System of the Department of
Defense.
(4) The Computer Security Division of the National
Institute of Standards and Technology of the Department of
Commerce.
(5) The National Infrastructure Simulation and Analysis
Center of the Department of Energy.
(6) The Federal Computer Incident Response Center of the
General Services Administration.
(7) The Energy Security and Assurance Program of the
Department of Energy.
(8) The Federal Protective Service of the General Services
Administration.
SEC. 134. DIRECTORATE OF EMERGENCY PREPAREDNESS AND RESPONSE.
(a) Establishment.--
(1) Directorate.--There is established within the
Department the Directorate of Emergency Preparedness and
Response.
(2) Under secretary.--There shall be an Under Secretary for
Emergency Preparedness and Response, who shall be appointed
by the President, by and with the advice and consent of the
Senate.
(b) Responsibilities.--The Directorate of Emergency
Preparedness and Response shall be responsible for the
following:
(1) Carrying out all emergency preparedness and response
activities carried out by the Federal Emergency Management
Agency before the effective date of this division.
(2) Assuming the responsibilities carried out by the
National Domestic Preparedness Office before the effective
date of this division.
(3) Organizing and training local entities to respond to
emergencies and providing State and local authorities with
equipment for detection, protection, and decontamination in
an emergency involving weapons of mass destruction.
(4) Overseeing Federal, State, and local emergency
preparedness training and exercise programs in keeping with
intelligence estimates and providing a single staff for
Federal assistance for any emergency, including emergencies
caused by natural disasters, manmade accidents, human or
agricultural health emergencies, or terrorist attacks.
(5) Creating a National Crisis Action Center to act as the
focal point for--
(A) monitoring emergencies;
(B) notifying affected agencies and State and local
governments; and
(C) coordinating Federal support for State and local
governments and the private sector in crises.
(6) Managing and updating the Federal response plan to
ensure the appropriate integration of operational activities
of the Department of Defense, the National Guard, and other
agencies, to respond to acts of terrorism and other
disasters.
(7) Coordinating activities among private sector entities,
including entities within the medical community, and animal
health and plant disease communities, with respect to
recovery, consequence management, and planning for continuity
of services.
(8) Developing and managing a single response system for
national incidents in coordination with all appropriate
agencies.
(9) Coordinating with other agencies necessary to carry out
the functions of the Office of Emergency Preparedness.
(10) Collaborating with, and transferring funds to, the
Centers for Disease Control and Prevention or other agencies
for administration of the Strategic National Stockpile
transferred under subsection (c)(5).
(11) Consulting with the Under Secretary for Science and
Technology, Secretary of Agriculture, and the Director of the
Centers for Disease Control and Prevention in establishing
and updating the list of potential threat agents or toxins
relating to the functions of the Select Agent Registration
Program transferred under subsection (c)(6).
(12) Developing a plan to address the interface of medical
informatics and the medical response to terrorism that
address--
(A) standards for interoperability;
(B) real-time data collection;
(C) ease of use for health care providers;
(D) epidemiological surveillance of disease outbreaks in
human health and agriculture;
(E) integration of telemedicine networks and standards;
(F) patient confidentiality; and
(G) other topics pertinent to the mission of the
Department.
(13) Activate and coordinate the operations of the National
Disaster Medical System as defined under section 102 of the
Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (Public Law 107-188).
(14) Assisting and supporting the Secretary, in
coordination with other Directorates and entities outside the
Department, in conducting appropriate risk analysis and risk
management activities consistent with the mission and
functions of the Directorate.
(15) Performing such other duties as assigned by the
Secretary.
(c) Transfer of Authorities, Functions, Personnel, and
Assets to the Department.--The authorities, functions,
personnel, and assets of the following entities are
transferred to the Department:
(1) The Federal Emergency Management Agency, the 10
regional offices of which shall be maintained and
strengthened by the Department, which shall be maintained as
a distinct entity within the Department.
(2) The National Office of Domestic Preparedness of the
Federal Bureau of Investigation of the Department of Justice.
[[Page S8109]]
(3) The Office of Domestic Preparedness of the Department
of Justice.
(4) The Office of Emergency Preparedness within the Office
of the Assistant Secretary for Public Health Emergency
Preparedness of the Department of Health and Human Services,
including--
(A) the Noble Training Center;
(B) the Metropolitan Medical Response System;
(C) the Department of Health and Human Services component
of the National Disaster Medical System;
(D) the Disaster Medical Assistance Teams, the Veterinary
Medical Assistance Teams, and the Disaster Mortuary
Operational Response Teams;
(E) the special events response; and
(F) the citizen preparedness programs.
(5) The Strategic National Stockpile of the Department of
Health and Human Services including all functions and assets
under sections 121 and 127 of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (Public
Law 107-188).
(6) The functions of the Select Agent Registration Program
of the Department of Health and Human Services and the United
States Department of Agriculture, including all functions of
the Secretary of Health and Human Services and the Secretary
of Agriculture under sections 201 through 221 of the Public
Health Security and Bioterrorism Preparedness and Response
Act of 2002 (Public Law 107-188).
(d) Appointment as Under Secretary and Director.--
(1) In general.--An individual may serve as both the Under
Secretary for Emergency Preparedness and Response and the
Director of the Federal Emergency Management Agency if
appointed by the President, by and with the advice and
consent of the Senate, to each office.
(2) Pay.--Nothing in paragraph (1) shall be construed to
authorize an individual appointed to both positions to
receive pay at a rate of pay in excess of the rate of pay
payable for the position to which the higher rate of pay
applies.
(e) Report.--Not later than 1 year after the date of
enactment of this Act, the Under Secretary for Emergency
Preparedness and Response shall submit a report to Congress
on the status of a national medical informatics system and an
agricultural disease surveillance system, and the capacity of
such systems to meet the goals under subsection (b)(12) in
responding to a terrorist attack.
SEC. 135. DIRECTORATE OF SCIENCE AND TECHNOLOGY.
(a) Purpose.--The purpose of this section is to establish a
Directorate of Science and Technology that will support the
mission of the Department and the directorates of the
Department by--
(1) establishing, funding, managing, and supporting
research, development, demonstration, testing, and evaluation
activities to meet national homeland security needs and
objectives;
(2) setting national research and development goals and
priorities pursuant to the mission of the Department, and
developing strategies and policies in furtherance of such
goals and priorities;
(3) coordinating and collaborating with other Federal
departments and agencies, and State, local, academic, and
private sector entities, to advance the research and
development agenda of the Department;
(4) advising the Secretary on all scientific and technical
matters relevant to homeland security; and
(5) facilitating the transfer and deployment of
technologies that will serve to enhance homeland security
goals.
(b) Definitions.--In this section:
(1) Council.--The term "Council" means the Homeland
Security Science and Technology Council established under
this section.
(2) Fund.--The term "Fund" means the Acceleration Fund
for Research and Development of Homeland Security
Technologies established under this section.
(3) Homeland security research and development.--The term
"homeland security research and development" means research
and development applicable to the detection of, prevention
of, protection against, response to, and recovery from
homeland security threats, particularly acts of terrorism.
(4) OSTP.--The term "OSTP" means the Office of Science
and Technology Policy.
(5) SARPA.--The term "SARPA" means the Security Advanced
Research Projects Agency established under this section.
(6) Technology roadmap.--The term "technology roadmap"
means a plan or framework in which goals, priorities, and
milestones for desired future technological capabilities and
functions are established, and research and development
alternatives or means for achieving those goals, priorities,
and milestones are identified and analyzed in order to guide
decisions on resource allocation and investments.
(7) Under secretary.--The term "Under Secretary" means
the Under Secretary for Science and Technology.
(c) Directorate of Science and Technology.--
(1) Establishment.--There is established a Directorate of
Science and Technology within the Department.
(2) Under secretary.--There shall be an Under Secretary for
Science and Technology, who shall be appointed by the
President, by and with the advice and consent of the Senate.
The principal responsibility of the Under Secretary shall be
to effectively and efficiently carry out the purposes of the
Directorate of Science and Technology under subsection (a).
In addition, the Under Secretary shall undertake the
following activities in furtherance of such purposes:
(A) Coordinating with the OSTP, the Office, and other
appropriate entities in developing and executing the research
and development agenda of the Department.
(B) Developing a technology roadmap that shall be updated
biannually for achieving technological goals relevant to
homeland security needs.
(C) Instituting mechanisms to promote, facilitate, and
expedite the transfer and deployment of technologies relevant
to homeland security needs, including dual-use capabilities.
(D) Assisting the Secretary and the Director of OSTP to
ensure that science and technology priorities are clearly
reflected and considered in the Strategy developed under
title III.
(E) Establishing mechanisms for the sharing and
dissemination of key homeland security research and
technology developments and opportunities with appropriate
Federal, State, local, and private sector entities.
(F) Establishing, in coordination with the Under Secretary
for Critical Infrastructure Protection and the Under
Secretary for Emergency Preparedness and Response and
relevant programs under their direction, a National Emergency
Technology Guard, comprised of teams of volunteers with
expertise in relevant areas of science and technology, to
assist local communities in responding to and recovering from
emergency contingencies requiring specialized scientific and
technical capabilities. In carrying out this responsibility,
the Under Secretary shall establish and manage a database of
National Emergency Technology Guard volunteers, and prescribe
procedures for organizing, certifying, mobilizing, and
deploying National Emergency Technology Guard teams.
(G) Chairing the Working Group established under section
108 of the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002 (Public Law 107-188).
(H) Assisting the Secretary in developing the Strategy for
Countermeasure Research described under subsection (k).
(I) Assisting the Secretary and acting on behalf of the
Secretary in contracting with, commissioning, or establishing
federally funded research and development centers determined
useful and appropriate by the Secretary for the purpose of
providing the Department with independent analysis and
support.
(J) Assisting the Secretary and acting on behalf of the
Secretary in entering into joint sponsorship agreements with
the Department of Energy regarding the use of the national
laboratories or sites.
(K) Assisting and supporting the Secretary, in coordination
with other Directorates and entities outside the Department,
in conducting appropriate risk analysis and risk management
activities consistent with the mission and functions of the
Directorate.
(L) Carrying out other appropriate activities as directed
by the Secretary.
(3) Research and development-related authorities.--The
Secretary shall exercise the following authorities relating
to the research, development, testing, and evaluation
activities of the Directorate of Science and Technology:
(A) With respect to research and development expenditures
under this section, the authority (subject to the same
limitations and conditions) as the Secretary of Defense may
exercise under section 2371 of title 10, United States
Code (except for subsections (b) and (f)), for a period of
5 years beginning on the date of enactment of this Act.
Competitive, merit-based selection procedures shall be
used for the selection of projects and participants for
transactions entered into under the authority of this
paragraph. The annual report required under subsection (h)
of such section, as applied to the Secretary by this
subparagraph, shall--
(i) be submitted to the President of the Senate, the
Speaker of the House of Representatives, the Committee on
Governmental Affairs of the Senate, the Committee on
Government Reform of the House of Representatives, the
Committee on Appropriations of the Senate, and the Committee
on Appropriations of the House of Representatives; and
(ii) report on other transactions entered into under
subparagraph (B).
(B) Authority to carry out prototype projects in accordance
with the requirements and conditions provided for carrying
out prototype projects under section 845 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160), for a period of 5 years beginning on the date of
enactment of this Act. In applying the authorities of such
section 845, subsection (c) of that section shall apply with
respect to prototype projects under this paragraph, and the
Secretary shall perform the functions of the Secretary of
Defense under subsection (d) of that section. Competitive,
merit-based selection procedures shall be used for the
selection of projects and participants for transactions
entered into under the authority of this paragraph.
(C) In hiring personnel to assist in research, development,
testing, and evaluation activities within the Directorate of
Science and Technology, the authority to exercise the
personnel hiring and management authorities described in
section 1101 of the
[[Page S8110]]
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (5 U.S.C. 3104 note; Public Law 105-261), with the
stipulation that the Secretary shall exercise such authority
for a period of 7 years commencing on the date of enactment
of this Act, that a maximum of 100 persons may be hired under
such authority, and that the term of appointment for
employees under subsection (c)(1) of that section may not
exceed 5 years before the granting of any extensions under
subsection (c)(2) of that section.
(D) With respect to such research, development, testing,
and evaluation responsibilities under this section (except as
provided in subparagraph (E)) as the Secretary may elect to
carry out through agencies other than the Department (under
agreements with their respective heads), the Secretary may
transfer funds to such heads. Of the funds authorized to be
appropriated under subsection (d)(4) for the Fund, not less
than 10 percent of such funds for each fiscal year through
2005 shall be authorized only for the Under Secretary,
through joint agreement with the Commandant of the Coast
Guard, to carry out research and development of improved
ports, waterways, and coastal security surveillance and
perimeter protection capabilities for the purpose of
minimizing the possibility that Coast Guard cutters,
aircraft, helicopters, and personnel will be diverted from
non-homeland security missions to the ports, waterways, and
coastal security mission.
(E) The Secretary may carry out human health biodefense-
related biological, biomedical, and infectious disease
research and development (including vaccine research and
development) in collaboration with the Secretary of Health
and Human Services. Research supported by funding
appropriated to the National Institutes of Health for
bioterrorism research and related facilities development
shall be conducted through the National Institutes of Health
under joint strategic prioritization agreements between the
Secretary and the Secretary of Health and Human Services. The
Secretary shall have the authority to establish general
research priorities, which shall be embodied in the joint
strategic prioritization agreements with the Secretary of
Health and Human Services. The specific scientific research
agenda to implement agreements under this subparagraph shall
be developed by the Secretary of Health and Human Services,
who shall consult the Secretary to ensure that the agreements
conform with homeland security priorities. All research
programs established under those agreements shall be managed
and awarded by the Director of the National Institutes of
Health consistent with those agreements. The Secretary may
transfer funds to the Department of Health and Human Services
in connection with those agreements.
(d) Acceleration Fund.--
(1) Establishment.--There is established an Acceleration
Fund to support research and development of technologies
relevant to homeland security.
(2) Function.--The Fund shall be used to stimulate and
support research and development projects selected by SARPA
under subsection (f), and to facilitate the rapid transfer of
research and technology derived from such projects.
(3) Recipients.--Fund monies may be made available through
grants, contracts, cooperative agreements, and other
transactions under subsection (c)(3) (A) and (B) to--
(A) public sector entities, including Federal, State, or
local entities;
(B) private sector entities, including corporations,
partnerships, or individuals; and
(C) other nongovernmental entities, including universities,
federally funded research and development centers, and other
academic or research institutions.
(4) Authorization of appropriations.--There are authorized
to be appropriated $200,000,000 for the Fund for fiscal year
2003, and such sums as are necessary in subsequent fiscal
years.
(e) Science and Technology Council.--
(1) Establishment.--There is established the Homeland
Security Science and Technology Council within the
Directorate of Science and Technology. The Under Secretary
shall chair the Council and have the authority to convene
meetings. At the discretion of the Under Secretary and the
Director of OSTP, the Council may be constituted as a
subcommittee of the National Science and Technology Council.
(2) Composition.--The Council shall be composed of the
following:
(A) Senior research and development officials representing
agencies engaged in research and development relevant to
homeland security and combating terrorism needs. Each
representative shall be appointed by the head of the
representative's respective agency with the advice and
consent of the Under Secretary.
(B) The Director of SARPA and other appropriate officials
within the Department.
(C) The Director of the OSTP and other senior officials of
the Executive Office of the President as designated by the
President.
(3) Responsibilities.--The Council shall--
(A) provide the Under Secretary with recommendations on
priorities and strategies, including those related to funding
and portfolio management, for homeland security research and
development;
(B) facilitate effective coordination and communication
among agencies, other entities of the Federal Government, and
entities in the private sector and academia, with respect to
the conduct of research and development related to homeland
security;
(C) recommend specific technology areas for which the Fund
and other research and development resources shall be used,
among other things, to rapidly transition homeland security
research and development into deployed technology and reduce
identified homeland security vulnerabilities;
(D) assist and advise the Under Secretary in developing the
technology roadmap referred to under subsection (c)(2)(B);
and
(E) perform other appropriate activities as directed by the
Under Secretary.
(4) Advisory panel.--The Under Secretary may establish an
advisory panel consisting of representatives from industry,
academia, and other non-Federal entities to advise and
support the Council.
(5) Working groups.--At the discretion of the Under
Secretary, the Council may establish working groups in
specific homeland security areas consisting of individuals
with relevant expertise in each articulated area. Working
groups established for bioterrorism and public health-related
research shall be fully coordinated with the Working Group
established under section 108 of the Public Health Security
and Bioterrorism Preparedness and Response Act of 2002
(Public Law 107-188).
(f) Security Advanced Research Projects Agency.--
(1) Establishment.--There is established the Security
Advanced Research Projects Agency within the Directorate of
Science and Technology.
(2) Responsibilities.--SARPA shall--
(A) undertake and stimulate basic and applied research and
development, leverage existing research and development, and
accelerate the transition and deployment of technologies that
will serve to enhance homeland defense;
(B) identify, fund, develop, and transition high-risk,
high-payoff homeland security research and development
opportunities that--
(i) may lie outside the purview or capabilities of the
existing Federal agencies; and
(ii) emphasize revolutionary rather than evolutionary or
incremental advances;
(C) provide selected projects with single or multiyear
funding, and require such projects to provide interim
progress reports, no less often than annually;
(D) administer the Acceleration Fund to carry out the
purposes of this paragraph;
(E) advise the Secretary and Under Secretary on funding
priorities under subsection (c)(3)(E); and
(F) perform other appropriate activities as directed by the
Under Secretary.
(g) Office of Risk Analysis and Assessment.--
(1) Establishment.--There is established an Office of Risk
Analysis and Assessment within the Directorate of Science and
Technology.
(2) Functions.--The Office of Risk Analysis and Assessment
shall assist the Secretary, the Under Secretary, and other
Directorates with respect to their risk analysis and risk
management activities by providing scientific or technical
support for such activities. Such support shall include, as
appropriate--
(A) identification and characterization of homeland
security threats;
(B) evaluation and delineation of the risk of these
threats;
(C) pinpointing of vulnerabilities or linked
vulnerabilities to these threats;
(D) determination of criticality of possible threats;
(E) analysis of possible technologies, research, and
protocols to mitigate or eliminate threats, vulnerabilities,
and criticalities;
(F) evaluation of the effectiveness of various forms of
risk communication; and
(G) other appropriate activities as directed by the
Secretary.
(3) Methods.--In performing the activities described under
paragraph (2), the Office of Risk Analysis and Assessment may
support or conduct, or commission from federally funded
research and development centers or other entities, work
involving modeling, statistical analyses, field tests and
exercises (including red teaming), testbed development,
development of standards and metrics.
(h) Office for Technology Evaluation and Transition.--
(1) Establishment.--There is established an Office for
Technology Evaluation and Transition within the Directorate
of Science and Technology.
(2) Function.--The Office for Technology Evaluation and
Transition shall, with respect to technologies relevant to
homeland security needs--
(A) serve as the principal, national point-of-contact and
clearinghouse for receiving and processing proposals or
inquiries regarding such technologies;
(B) identify and evaluate promising new technologies;
(C) undertake testing and evaluation of, and assist in
transitioning, such technologies into deployable, fielded
systems;
(D) consult with and advise agencies regarding the
development, acquisition, and deployment of such
technologies;
(E) coordinate with SARPA to accelerate the transition of
technologies developed by SARPA and ensure transition paths
for such technologies; and
(F) perform other appropriate activities as directed by the
Under Secretary.
[[Page S8111]]
(3) Technical support working group.--The functions
described under this subsection may be carried out through,
or in coordination with, or through an entity established by
the Secretary and modeled after, the Technical Support
Working Group (organized under the April, 1982, National
Security Decision Directive Numbered 30) that provides an
interagency forum to coordinate research and development of
technologies for combating terrorism.
(i) Office of Laboratory Research.--
(1) Establishment.--There is established an Office of
Laboratory Research within the Directorate of Science and
Technology.
(2) Research and development functions transferred.--There
shall be transferred to the Department, to be administered by
the Under Secretary, the functions, personnel, assets, and
liabilities of the following programs and activities:
(A) Within the Department of Energy (but not including
programs and activities relating to the strategic nuclear
defense posture of the United States) the following:
(i) The chemical and biological national security and
supporting programs and activities supporting domestic
response of the nonproliferation and verification research
and development program.
(ii) The nuclear smuggling programs and activities, and
other programs and activities directly related to homeland
security, within the proliferation detection program of the
nonproliferation and verification research and development
program, except that the programs and activities described in
this clause may be designated by the President either for
transfer to the Department or for joint operation by the
Secretary and the Secretary of Energy.
(iii) The nuclear assessment program and activities of the
assessment, detection, and cooperation program of the
international materials protection and cooperation program.
(iv) The Environmental Measurements Laboratory.
(B) Within the Department of Defense, the National Bio-
Weapons Defense Analysis Center established under section
161.
(3) Responsibilities.--The Office of Laboratory Research
shall--
(A) supervise the activities of the entities transferred
under this subsection;
(B) administer the disbursement and undertake oversight of
research and development funds transferred from the
Department to other agencies outside of the Department,
including funds transferred to the Department of Health and
Human Services consistent with subsection (c)(3)(E);
(C) establish and direct new research and development
facilities as the Secretary determines appropriate;
(D) include a science advisor to the Under Secretary on
research priorities related to biological and chemical
weapons, with supporting scientific staff, who shall advise
on and support research priorities with respect to--
(i) research on countermeasures for biological weapons,
including research on the development of drugs, devices, and
biologics; and
(ii) research on biological and chemical threat agents; and
(E) other appropriate activities as directed by the Under
Secretary.
(j) Office for National Laboratories.--
(1) Establishment.--There is established within the
Directorate of Science and Technology an Office for National
Laboratories, which shall be responsible for the coordination
and utilization of the Department of Energy national
laboratories and sites in a manner to create a networked
laboratory system for the purpose of supporting the missions
of the Department.
(2) Joint sponsorship arrangements.--
(A) National laboratories.--The Department may be a joint
sponsor, under a multiple agency sponsorship arrangement with
the Department of Energy, of 1 or more Department of Energy
national laboratories in the performance of work on behalf of
the Department.
(B) Department of energy site.--The Department may be a
joint sponsor of Department of Energy sites in the
performance of work as if such sites were federally funded
research and development centers and the work were performed
under a multiple agency sponsorship arrangement with the
Department.
(C) Primary sponsor.--The Department of Energy shall be the
primary sponsor under a multiple agency sponsorship
arrangement entered into under subparagraph (A) or (B).
(D) Conditions.--A joint sponsorship arrangement under this
subsection shall--
(i) provide for the direct funding and management by the
Department of the work being carried out on behalf of the
Department; and
(ii) include procedures for addressing the coordination of
resources and tasks to minimize conflicts between work
undertaken on behalf of either Department.
(E) Lead agent and federal acquisition regulation.--
(i) Lead agent.--The Secretary of Energy shall act as the
lead agent in coordinating the formation and performance of a
joint sponsorship agreement between the Department and a
Department of Energy national laboratory or site for work on
homeland security.
(ii) Compliance with federal acquisition regulation.--Any
work performed by a national laboratory or site under this
section shall comply with the policy on the use of federally
funded research and development centers under section 35.017
of the Federal Acquisition Regulation.
(F) Funding.--The Department shall provide funds for work
at the Department of Energy national laboratories or sites,
as the case may be, under this section under the same terms
and conditions as apply to the primary sponsor of such
national laboratory under section 303(b)(1)(C) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253 (b)(1)(C)) or of such site to the extent such section
applies to such site as a federally funded research and
development center by reason of subparagraph (B).
(3) Other arrangements.--The Office for National
Laboratories may enter into other arrangements with
Department of Energy national laboratories or sites to carry
out work to support the missions of the Department under
applicable law, except that the Department of Energy may not
charge or apply administrative fees for work on behalf of the
Department.
(4) Technology transfer.--The Office for National
Laboratories may exercise the authorities in section 12 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a) to permit the Director of a Department of
Energy national laboratory to enter into cooperative research
and development agreements, or to negotiate licensing
agreements, pertaining to work supported by the Department at
the Department of Energy national laboratory.
(5) Assistance in establishing department.--At the request
of the Under Secretary, the Department of Energy shall
provide for the temporary appointment or assignment of
employees of Department of Energy national laboratories or
sites to the Department for purposes of assisting in the
establishment or organization of the technical programs of
the Department through an agreement that includes provisions
for minimizing conflicts between work assignments of such
personnel.
(k) Strategy for Countermeasure Research.--
(1) In general.--The Secretary, acting through the Under
Secretary for Science and Technology, shall develop a
comprehensive, long-term strategy and plan for engaging non-
Federal entities, particularly including private, for-profit
entities, in the research, development, and production of
homeland security countermeasures for biological, chemical,
and radiological weapons.
(2) Timeframe.--The strategy and plan under this
subsection, together with recommendations for the enactment
of supporting or enabling legislation, shall be submitted to
the Congress within 270 days after the date of enactment of
this Act.
(3) Coordination.--In developing the strategy and plan
under this subsection, the Secretary shall consult with--
(A) other agencies with expertise in research, development,
and production of countermeasures;
(B) private, for-profit entities and entrepreneurs with
appropriate expertise and technology regarding
countermeasures;
(C) investors that fund such entities;
(D) nonprofit research universities and institutions;
(E) public health and other interested private sector and
government entities; and
(F) governments allied with the United States in the war on
terrorism.
(4) Purpose.--The strategy and plan under this subsection
shall evaluate proposals to assure that--
(A) research on countermeasures by non-Federal entities
leads to the expeditious development and production of
countermeasures that may be procured and deployed in the
homeland security interests of the United States;
(B) capital is available to fund the expenses associated
with such research, development, and production, including
Government grants and contracts and appropriate capital
formation tax incentives that apply to non-Federal entities
with and without tax liability;
(C) the terms for procurement of such countermeasures are
defined in advance so that such entities may accurately and
reliably assess the potential countermeasures market and the
potential rate of return;
(D) appropriate intellectual property, risk protection, and
Government approval standards are applicable to such
countermeasures;
(E) Government-funded research is conducted and prioritized
so that such research complements, and does not unnecessarily
duplicate, research by non-Federal entities and that such
Government-funded research is made available, transferred,
and licensed on commercially reasonable terms to such
entities for development; and
(F) universities and research institutions play a vital
role as partners in research and development and technology
transfer, with appropriate progress benchmarks for such
activities, with for-profit entities.
(5) Reporting.--The Secretary shall report periodically to
the Congress on the status of non-Federal entity
countermeasure research, development, and production, and
submit additional recommendations for legislation as needed.
(l) Classification of Research.--
(1) In general.--To the greatest extent practicable,
research conducted or supported by the Department shall be
unclassified.
(2) Classification and review.--The Under Secretary shall--
(A)(i) decide whether classification is appropriate before
the award of a research
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grant, contract, cooperative agreement, or other transaction
by the Department; and
(ii) if the decision under clause (i) is one of
classification, control the research results through standard
classification procedures; and
(B) periodically review all classified research grants,
contracts, cooperative agreements, and other transactions
issued by the Department to determine whether classification
is still necessary.
(3) Restrictions.--No restrictions shall be placed upon the
conduct or reporting of federally funded fundamental research
that has not received national security classification,
except as provided under applicable provisions of law.
(m) Office of Science and Technology Policy.--The National
Science and Technology Policy, Organization, and Priorities
Act is amended--
(1) in section 204(b)(1) (42 U.S.C. 6613(b)(1)), by
inserting "homeland security," after "national
security,"; and
(2) in section 208(a)(1) (42 U.S.C. 6617(a)(1)), by
inserting "the National Office for Combating Terrorism,"
after "National Security Council,".
SEC. 136. DIRECTORATE OF IMMIGRATION AFFAIRS.
The Directorate of Immigration Affairs shall be established
and shall carry out all functions of that Directorate in
accordance with division B of this Act.
SEC. 137. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION.
(a) Establishment.--There is established within the Office
of the Secretary the Office for State and Local Government
Coordination, to oversee and coordinate departmental programs
for and relationships with State and local governments.
(b) Responsibilities.--The Office established under
subsection (a) shall--
(1) coordinate the activities of the Department relating to
State and local government;
(2) assess, and advocate for, the resources needed by State
and local government to implement the national strategy for
combating terrorism;
(3) provide State and local government with regular
information, research, and technical support to assist local
efforts at securing the homeland; and
(4) develop a process for receiving meaningful input from
State and local government to assist the development of the
national strategy for combating terrorism and other homeland
security activities.
(c) Homeland Security Liaison Officers.--
(1) Chief homeland security liaison officer.--
(A) Appointment.--The Secretary shall appoint a Chief
Homeland Security Liaison Officer to coordinate the
activities of the Homeland Security Liaison Officers,
designated under paragraph (2).
(B) Annual report.--The Chief Homeland Security Liaison
Officer shall prepare an annual report, that contains--
(i) a description of the State and local priorities in each
of the 50 States based on discovered needs of first responder
organizations, including law enforcement agencies, fire and
rescue agencies, medical providers, emergency service
providers, and relief agencies;
(ii) a needs assessment that identifies homeland security
functions in which the Federal role is duplicative of the
State or local role, and recommendations to decrease or
eliminate inefficiencies between the Federal Government and
State and local entities;
(iii) recommendations to Congress regarding the creation,
expansion, or elimination of any program to assist State and
local entities to carry out their respective functions under
the Department; and
(iv) proposals to increase the coordination of Department
priorities within each State and between the States.
(2) Homeland security liaison officers.--
(A) Designation.--The Secretary shall designate in each
State not less than 1 employee of the Department to--
(i) serve as the Homeland Security Liaison Officer in that
State; and
(ii) provide coordination between the Department and State
and local first responders, including--
(I) law enforcement agencies;
(II) fire and rescue agencies;
(III) medical providers;
(IV) emergency service providers; and
(V) relief agencies.
(B) Duties.--Each Homeland Security Liaison Officer
designated under subparagraph (A) shall--
(i) ensure coordination between the Department and--
(I) State, local, and community-based law enforcement;
(II) fire and rescue agencies; and
(III) medical and emergency relief organizations;
(ii) identify State and local areas requiring additional
information, training, resources, and security;
(iii) provide training, information, and education
regarding homeland security for State and local entities;
(iv) identify homeland security functions in which the
Federal role is duplicative of the State or local role, and
recommend ways to decrease or eliminate inefficiencies;
(v) assist State and local entities in priority setting
based on discovered needs of first responder organizations,
including law enforcement agencies, fire and rescue agencies,
medical providers, emergency service providers, and relief
agencies;
(vi) assist the Department to identify and implement State
and local homeland security objectives in an efficient and
productive manner; and
(vii) serve as a liaison to the Department in representing
State and local priorities and concerns regarding homeland
security.
(d) Federal Interagency Committee on First Responders.--
(1) In General.--There is established an Interagency
Committee on First Responders, that shall--
(A) ensure coordination among the Federal agencies involved
with--
(i) State, local, and community-based law enforcement;
(ii) fire and rescue operations; and
(iii) medical and emergency relief services;
(B) identify community-based law enforcement, fire and
rescue, and medical and emergency relief services needs;
(C) recommend new or expanded grant programs to improve
community-based law enforcement, fire and rescue, and medical
and emergency relief services;
(D) identify ways to streamline the process through which
Federal agencies support community-based law enforcement,
fire and rescue, and medical and emergency relief services;
and
(E) assist in priority setting based on discovered needs.
(2) Membership.--The Interagency Committee on First
Responders shall be composed of--
(A) the Chief Homeland Security Liaison Officer of the
Department;
(B) a representative of the Health Resources and Services
Administration of the Department of Health and Human
Services;
(C) a representative of the Centers for Disease Control and
Prevention of
