108th CONGRESS
1st Session
S. 6
To enhance homeland security and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 7, 2003
Mr. DASCHLE (for himself, Mr. KENNEDY, Mr. BIDEN, Mr. LEAHY, Mr. LEVIN, Mr.
ROCKEFELLER, Mr. LIEBERMAN, Mr. AKAKA, Mrs. MURRAY, Mr. DURBIN, Mr. SCHUMER,
Mrs. CLINTON, Mr. CORZINE, Ms. STABENOW, Mr. JEFFORDS, and Mr. REID) introduced
the following bill; which was read twice and referred to the Committee on
the Judiciary
A BILL
To enhance homeland security and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Comprehensive Homeland Security
Act of 2003'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--FIRST RESPONDER TERRORISM PREPAREDNESS
Sec. 1001. Short title; table of contents.
Sec. 1004. First Responders Partnership Grant Program for Public Safety
Officers.
Sec. 1006. Authorization of appropriations.
TITLE II--STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE
Sec. 2001. Staffing for adequate fire and emergency response.
Sec. 2002. Conforming amendment.
TITLE III--SENSITIVE NUCLEAR FACILITIES
Sec. 3003. Nuclear facility security.
Sec. 3004. Office of nuclear security and incident response.
Sec. 3005. Carrying of weapons by licensee employees.
Sec. 3006. Sensitive radioactive material security.
Sec. 3007. Unauthorized introduction of dangerous weapons.
Sec. 3008. Sabotage of nuclear facilities or fuel.
Sec. 3009. Evaluation of adequacy of enforcement provisions.
Sec. 3010. Protection of whistleblowers.
Sec. 3011. Technical and conforming amendment.
Sec. 3012. Authorization of appropriations.
TITLE IV--RAIL SECURITY ACT
Sec. 4002. Emergency Amtrak assistance.
Sec. 4003. Rail security.
Sec. 4004. Rail transportation security risk assessment.
TITLE V--WATER INFRASTRUCTURE SECURITY AND RESEARCH DEVELOPMENT
Sec. 5002. Protection from terrorist and other harmful intentional acts.
Sec. 5003. Research and review.
Sec. 5004. Refinement of vulnerability assessment tools for publicly owned
treatment works.
TITLE VI--ENHANCING BORDER SECURITY
Subtitle A--Immigration and Naturalization Service
Sec. 6101. Additional personnel at the Immigration and Naturalization Service.
Sec. 6102. Technological improvements by the INS to improve border security.
Subtitle B--United States Customs Service
Sec. 6201. Additional personnel at the United States Customs Service.
Sec. 6202. Technological improvements by the Customs Service to improve
border security.
Subtitle C--Bureau of Border Security
Sec. 6301. Additional personnel at the Bureau of Border Security.
Sec. 6302. Technological improvements by the Bureau of Border Security to
improve border security.
TITLE VII--PUBLIC HEALTH SECURITY AND BIOTERRORISM PREPAREDNESS
Sec. 7001. Sense of Congress on smallpox vaccination.
Sec. 7002. Aid to States for smallpox vaccination programs.
Sec. 7003. Smallpox vaccine injury compensation program.
Sec. 7004. Increase in authorizations for bioterrorism security and preparedness.
TITLE VIII--INFORMATION SECURITY
Subtitle A--Information Technology Fund to Enhance Homeland Defense, Information
Security, and Defenses Against Other Threats
Sec. 8101. Establishment of fund.
Sec. 8102. Selection procedures.
Sec. 8103. Administration of fund.
Sec. 8104. Report to Congress.
Sec. 8105. Authorization of appropriations.
Subtitle B--Protection of Voluntarily Furnished Confidential Information
Sec. 8202. Protection of confidential information.
Sec. 8203. Report to Congress.
Sec. 8204. Amendments to Homeland Security Act of 2002.
Subtitle C--Interoperability of Information Systems
Sec. 8301. Interoperability of information systems.
TITLE IX--WEAPONS OF MASS DESTRUCTION
Sec. 9001. Security of certain radiological and nuclear materials.
Sec. 9002. Assistance for International Atomic Energy Agency regarding safeguard
and inspection of nuclear facilities abroad.
Sec. 9003. Assistance for International Atomic Energy Agency to counter
nuclear terrorism.
Sec. 9004. Acceleration and expansion of materials protection, control,
and accounting program.
Sec. 9005. Border security and export control.
Sec. 9006. Reuse of Russian nuclear facilities.
Sec. 9007. Research and development involving alternative use of weapons
of mass destruction expertise.
Sec. 9008. Expansion initiatives for proliferation prevention program.
Sec. 9009. Acceleration of highly enriched uranium disposition program.
Sec. 9010. Acceleration of destruction of chemical weapons facilities and
infrastructure.
Sec. 9011. Acceleration of biological materials protection, control, and
accounting program.
Sec. 9012. Russian tactical nuclear weapons.
Sec. 9013. Authorization of use of cooperative threat reduction funds for
projects and activities outside the former Soviet Union.
Sec. 9014. Repeal of certain limitations on uses of funds.
TITLE X--INTELLIGENCE
Subtitle A--Intelligence Community Leadership
Sec. 10002. Reorganization and improvement of management of intelligence
community.
Sec. 10003. Ten-year term of service for the Director of National Intelligence.
Sec. 10004. Executive schedule matters.
Sec. 10005. Conforming and clerical amendments.
Subtitle B--Other Matters
Sec. 10011. Discharge of certain intelligence activities by the Department
of Homeland Security.
TITLE XI--CHEMICAL SECURITY
Sec. 11004. Designation of and requirements for high priority categories.
Sec. 11006. Recordkeeping and entry.
Sec. 11008. No effect on requirements under other law.
Sec. 11009. Authorization of appropriations.
TITLE XII--HOME SECURITY FUNDING
Sec. 12001. Homeland security funding.
TITLE XIII--SUPPORT FOR LAW ENFORCEMENT
Sec. 13002. Authorizations.
Sec. 13003. Rural law enforcement retention grant program.
Sec. 13004. Rural law enforcement technology grant program.
Sec. 13005. Rural 9-1-1 service.
TITLE I--FIRST RESPONDER TERRORISM PREPAREDNESS
SEC. 1001. SHORT TITLE.
This title may be cited as the `First Responders Partnership Grant Act of
2003'.
SEC. 1002. PURPOSE.
The purpose of this Act is to support first responders to protect homeland
security and prevent and respond to acts of terrorism.
SEC. 1003. DEFINITIONS.
(1) INDIAN TRIBE- The term `Indian tribe' has the same meaning as in section
4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(e)).
(2) LAW ENFORCEMENT OFFICER- The term `law enforcement officer' means any
officer, agent, or employee of a State, unit of local government, or Indian
tribe authorized by law or by a government agency to engage in or supervise
the prevention, detection, or investigation of any violation of criminal
law, or authorized by law to supervise sentenced criminal offenders.
(3) PUBLIC SAFETY OFFICER- The term `public safety officer' means any person
serving a public
agency with or without compensation as a law enforcement officer, as a firefighter,
or as a member of a rescue squad or ambulance crew.
(4) STATE- The term `State' means each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands.
(5) UNIT OF LOCAL GOVERNMENT- The term `unit of local government' means
a county, municipality, town, township, village, parish, borough, or other
unit of general government below the State level.
SEC. 1004. FIRST RESPONDERS PARTNERSHIP GRANT PROGRAM FOR PUBLIC SAFETY
OFFICERS.
(a) IN GENERAL- The Director of the Bureau of Justice Assistance is authorized
to make grants to States, units of local government, and Indian tribes to
support public safety officers in their efforts to protect homeland security
and prevent and respond to acts of terrorism.
(b) USES OF FUNDS- Grants awarded under this section shall be--
(1) distributed directly to the State, unit of local government, or Indian
tribe; and
(2) used to fund equipment, training, and facilities to support public safety
officers in their efforts to protect homeland security and prevent and respond
to acts of terrorism.
(c) MINIMUM AMOUNT- Unless all eligible applications submitted by any State
or unit of local government within such State for a grant under this section
have been funded, such State, together with grantees within the State (other
than Indian tribes), shall be allocated in each fiscal year under this section
not less than 0.75 percent of the total amount appropriated in the fiscal
year for grants pursuant to this section, except that the United States Virgin
Islands, American Samoa, Guam, and the Northern Mariana Islands shall each
be allocated 0.25 percent.
(d) MAXIMUM AMOUNT- A qualifying State, unit of local government, or Indian
tribe may not receive more than 5 percent of the total amount appropriated
in each fiscal year for grants under this section, except that a State, together
with the grantees within the State may not receive more than 20 percent of
the total amount appropriated in each fiscal year for grants under this section.
(e) MATCHING FUNDS- The portion of the costs of a program provided by a grant
under subsection (a) may not exceed 90 percent. Any funds appropriated by
Congress for the activities of any agency of an Indian tribal government or
the Bureau of Indian Affairs performing law enforcement functions on any Indian
lands may be used to provide the non-Federal share of a matching requirement
funded under this subsection.
SEC. 1005. APPLICATIONS.
(a) IN GENERAL- To request a grant under this title, the chief executive of
a State, unit of local government, or Indian tribe shall submit an application
to the Director of the Bureau of Justice Assistance in such form and containing
such information as the Director may reasonably require.
(b) REGULATIONS- Not later than 90 days after the date of enactment of this
Act, the Director of the Bureau of Justice Assistance shall promulgate regulations
to implement this section (including the information that must be included
and the requirements that the States, units of local government, and Indian
tribes must meet) in submitting the applications required under this section.
SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title, $4,000,000,000
for each of the fiscal years 2003 through 2005.
TITLE II--STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE
SEC. 2001. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.
Title III of the Workforce Investment Act of 1998 (Public Law 105-220; 112
Stat. 1080) is amended by adding at the end the following:
`Subtitle E--Staffing for Adequate Fire and Emergency Response
`SEC. 351. SHORT TITLE.
`This subtitle may be cited as the `Staffing for Adequate Fire and Emergency
Response Act of 2003' or as the `SAFER Act of 2003'.
`SEC. 352. PURPOSES.
`The purposes of this subtitle are--
`(1) to expand on the firefighter assistance grant program under section
33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229),
in order to ensure adequate funding to increase the number of firefighting
personnel throughout the Nation;
`(2) to substantially increase the hiring of firefighters so that communities
can--
`(A) meet industry minimum standards for providing adequate protection
from acts of terrorism and hazards; and
`(B) enhance the ability of firefighter units to save lives, save property,
and effectively respond to all types of emergencies; and
`(3) to promote that substantial increase in hiring by establishing a program
of grants, authorized for 7 years, to provide direct funding to States,
units of local government, and Indian tribal organizations for firefighter
salaries and benefits.
`SEC. 353. DEFINITIONS.
`(1) ELIGIBLE ENTITY- The term `eligible entity' means--
`(A) a State, a unit of local government, a tribal organization, or another
public entity; or
`(B) a multi-jurisdictional or regional consortia of entities described
in subparagraph (A).
`(2) FIREFIGHTER- The term `firefighter' has the meaning given the term
`employee in fire protection activities' in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
`(3) INDIAN TRIBE; TRIBAL ORGANIZATION- The terms `Indian tribe' and `tribal
organization' have the meanings given the terms in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b).
`(4) SECRETARY- The term `Secretary' means the Secretary of Labor, acting
after consultation with the Director of the Federal Emergency Management
Agency.
`(5) STATE- The term `State' means each of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
`SEC. 354. AUTHORITY TO MAKE GRANTS.
`(a) DEFINITION- In this section, the term `qualifying entity', used with
respect to a fiscal year, means any eligible entity (including a State) that
has submitted an application under section 355 for the fiscal year that meets
the requirements of this subtitle and such additional requirements as the
Secretary may prescribe.
`(b) GRANT AUTHORIZATION- The Secretary may make grants to eligible entities
to pay for the Federal share of the cost of carrying out projects to hire
firefighters.
`(1) AMOUNT- For any fiscal year, the Secretary shall ensure that the qualifying
entities in each State shall receive, through grants made under this section,
a total amount that is not less than 1/2 of 1 percent of the amount appropriated
under section 362 for the fiscal year.
`(2) EXCEPTION- Paragraph (1) shall not apply for a fiscal year if the Secretary
makes a grant under this section to every qualifying entity for the fiscal
year.
`(d) GRANT PERIODS- The Secretary may make grants under this section for periods
of 3 years.
`(1) IN GENERAL- The Federal share of the cost of carrying out a project
to hire firefighters under this subtitle shall be not more than 75 percent.
`(2) NON-FEDERAL SHARE- The non-Federal share shall be provided--
`(B) in the case of a State or unit of local government, from assets received
through an asset forfeiture program; or
`(C) in the case of a tribal organization or the Bureau of Indian Affairs,
from any Federal funds made available for firefighting functions to assist
an Indian tribe.
`(3) WAIVER- The Secretary may waive the requirements of paragraphs (1)
and (2) for an eligible entity.
`SEC. 355. APPLICATIONS.
`(a) IN GENERAL- To be eligible to receive a grant under this subtitle, an
entity shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may prescribe.
`(b) CONTENTS- Each such application shall--
`(1) include a long-term strategy and detailed implementation plan, for
the hiring to be conducted under the grant, that reflects consultation with
community groups and appropriate private and public agencies and reflects
consideration of a statewide strategy for such hiring;
`(2) specify the reasons why the entity is unable to hire sufficient firefighters
to address the entity's needs, without Federal assistance;
`(3)(A) specify the average number of firefighters employed by the entity
during the fiscal year prior to the fiscal year for which the application
is submitted; and
`(B) outline the initial and planned level of community support for implementing
the strategy and plan, including the level of financial and in-kind contributions
or other tangible commitments;
`(4)(A) specify plans for obtaining necessary support and continuing the
employment of a greater number of firefighters than the number specified
under paragraph (3)(A), following the conclusion of Federal assistance under
this subtitle; and
`(B) include an assurance that the entity will continue the employment of
firefighters hired with funds made available through the grant for at least
1 year after the end of the grant period; and
`(5) include assurances that the entity will, to the extent practicable,
seek, recruit, and hire members of racial and ethnic minority groups and
women in order to increase the ranks of minorities and women within the
entity's firefighter units.
`(c) SMALL JURISDICTIONS- Notwithstanding any other provision of this subtitle,
the Secretary may waive 1 or more of the requirements of subsection (b), and
may make special provisions to facilitate the expedited submission, processing,
and approval of an application under this section, for an eligible entity
that is a unit of local government, or an eligible entity serving a fire district,
that has jurisdiction over an area with a population of less than 50,000.
`(d) PREFERENCE- In awarding grants under this subtitle, the Secretary--
`(1) shall give preference to a unit of local government; and
`(2) may give preference, where feasible, to an eligible entity that submits
an application containing a plan that--
`(A) provides for hiring (including rehiring) career firefighters; and
`(B) requires the entity to contribute a non-Federal share of more than
25 percent of the cost of carrying out a project to hire the firefighters.
`(e) STATE AND LOCAL APPLICATIONS- If a unit of local government for a community,
and the State in which the community is located, submit applications under
this section for a fiscal year to carry out a project in a community, and
the unit of local government and State are qualifying entities under section
354(a), the Secretary--
`(1) shall make a grant under this subtitle to the unit of local government
for that year; and
`(2) shall not make a grant under this subtitle to the State to carry out
a project in that community for that year.
`SEC. 356. USE OF FUNDS.
`(a) IN GENERAL- An eligible entity that receives a grant under this subtitle
shall use the funds made available through the grant to hire career firefighters.
The funds may only be used to increase the number of firefighters employed
by the agency from the number specified under section 355(b)(3)(A). The funds
may be used for salaries and benefits for the firefighters.
`(1) FISCAL YEAR 2003- For fiscal year 2003, in hiring any 1 firefighter,
the entity may not use more than $90,000 of such funds.
`(2) SUBSEQUENT YEARS- For each subsequent fiscal year, in hiring any 1
firefighter, the entity may not use more than $90,000 of such funds, increased
or decreased by the same percentage as the percentage by which the Consumer
Price Index for All Urban Consumers (United States city average), published
by the Secretary of Labor, has increased or decreased by September of the
preceding fiscal year from such Index for September 2002.
`(3) WAIVERS- The Secretary may waive the requirements of paragraph (1)
or (2) for an eligible entity.
`(c) SUPPLEMENT, NOT SUPPLANT- Funds appropriated pursuant to the authority
of this subtitle shall be used to supplement and not supplant other Federal,
State, and local public funds expended to hire firefighters.
`SEC. 357. TECHNICAL ASSISTANCE.
`The Secretary may provide technical assistance to eligible entities to further
the purposes of this Act.
`SEC. 358. MONITORING AND EVALUATIONS.
`(a) MONITORING COMPONENTS- Each project funded through a grant made under
this subtitle shall contain a monitoring component, developed pursuant to
regulations established by the Secretary. The monitoring required by this
subsection shall include systematic identification and collection of data
about the project throughout the period of the project and presentation of
such data in a usable form.
`(b) EVALUATION COMPONENTS- The Secretary may require that selected grant
recipients under this subtitle conduct local evaluations or participate in
a national evaluation, pursuant to regulations established by the Secretary.
Such local or national evaluations may include assessments of the implementation
of different projects. The Secretary may require selected grant recipients
under this subtitle to conduct local outcome evaluations to determine the
effectiveness of projects under this subtitle.
`(c) PERIODIC REPORTS- The Secretary may require a grant recipient under this
subtitle to submit to the Secretary the results of the monitoring and evaluations
required under subsections (a) and (b) and such other data and information
as the Secretary determines to be reasonably necessary.
`(d) REVOCATION OR SUSPENSION OF FUNDING- If the Secretary determines, as
a result of the monitoring or evaluations required by this section, or otherwise,
that a grant recipient under this subtitle is not in substantial compliance
with the terms and requirements of an approved grant application submitted
under section 355, the Secretary may revoke the grant or suspend part or all
of the funding provided under the grant.
`SEC. 359. ACCESS TO DOCUMENTS.
`For the purpose of conducting an audit or examination of a grant recipient
that carries out a project under this subtitle, the Secretary and the Comptroller
General of the United States shall have access to any pertinent books, documents,
papers, or records of the grant recipient and any State or local government,
person, business, or other entity, that is involved in the project.
`SEC. 360. REPORT TO CONGRESS.
`Not later than September 30, 2009, the Secretary shall submit a report to
Congress concerning the experiences of eligible entities in carrying out projects
under this subtitle, and the effects of the grants made under this subtitle.
The report may include recommendations for such legislation as the Secretary
may consider to be appropriate, which may include reauthorization of this
subtitle.
`SEC. 361. REGULATIONS.
`The Secretary may issue regulations to carry out this subtitle.
`SEC. 362. AUTHORIZATION OF APPROPRIATIONS.
`(a) IN GENERAL- There is authorized to be appropriated to carry out this
subtitle--
`(1) $1,000,000,000 for fiscal year 2003;
`(2) $1,030,000,000 for fiscal year 2004;
`(3) $1,061,000,000 for fiscal year 2005;
`(4) $1,093,000,000 for fiscal year 2006;
`(5) $1,126,000,000 for fiscal year 2007;
`(6) $1,159,000,000 for fiscal year 2008; and
`(7) $1,194,000,000 for fiscal year 2009.
`(b) AVAILABILITY- Funds appropriated under subsection (a) for a fiscal year
shall remain available until the end of the second succeeding fiscal year.'.
SEC. 2002. CONFORMING AMENDMENT.
The table of contents in section 1(b) of the Workforce Investment Act of 1998
(Public Law 105-220; 112 Stat. 936) is amended, in the items relating to title
III, by adding at the end the following:
`Subtitle E--Staffing for Adequate Fire and Emergency Response
`Sec. 351. Short title.
`Sec. 352. Purposes.
`Sec. 353. Definitions.
`Sec. 354. Authority to make grants.
`Sec. 355. Applications.
`Sec. 356. Use of funds.
`Sec. 357. Technical assistance.
`Sec. 358. Monitoring and evaluations.
`Sec. 359. Access to documents.
`Sec. 360. Report to Congress.
`Sec. 361. Regulations.
`Sec. 362. Authorization of appropriations.'.
TITLE III--SENSITIVE NUCLEAR FACILITIES
SECTION 3001. SHORT TITLE.
This title may be cited as the `Nuclear Security Act of 2003'.
SEC. 3002. DEFINITIONS.
Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is amended--
(1) by redesignating subsection jj. as subsection ii.; and
(2) by adding at the end the following:
`(jj) HOMELAND SECURITY OFFICER- The term `Homeland Security Officer' means
a Federal official with responsibility for coordinating efforts to maintain
homeland security against acts of terrorism, and designated by the President
to perform the duties of the Homeland Security Officer under this Act.
`(kk) PRIVATE SECURITY FORCE- The term `private security force', with respect
to a sensitive nuclear facility, means personnel hired or contracted by the
licensee of the sensitive nuclear facility to provide security at the sensitive
nuclear facility.
`(ll) SENSITIVE NUCLEAR FACILITY-
`(1) IN GENERAL- The term `sensitive nuclear facility' means a facility
licensed by the Commission (or the portion of a facility used in the conduct
of an activity licensed by the Commission).
`(2) INCLUSIONS- The term `sensitive nuclear facility' includes--
`(A) an operating commercial nuclear power plant;
`(B) an independent spent fuel storage facility;
`(C) a commercial nuclear power plant that is being decommissioned or
a portion of a commercial nuclear power plant that contains material licensed
by the Commission;
`(D) a category I fuel cycle facility; and
`(E) a gaseous diffusion plant.'.
SEC. 3003. NUCLEAR FACILITY SECURITY.
(a) IN GENERAL- Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201
et seq.) is amended by adding at the end the following:
`SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES.
`(a) DEFINITIONS- In this section:
`(1) ANTITERRORISM TEAM- The term `antiterrorism team' means the Nuclear
Infrastructure Antiterrorism Team established under subsection (h).
`(2) FEDERAL SECURITY COORDINATOR- The term `Federal security coordinator'
means the Federal security coordinator assigned to a sensitive nuclear facility
under subsection (k).
`(3) TASK FORCE- The term `task force' means the task force on nuclear infrastructure
security established by subsection (b).
`(4) THREAT- The term `threat' means a threat identified under subsection
(c).
`(5) THREAT LEVEL- The term `threat level' means a threat level determined
under subsection (d).
`(b) TASK FORCE ON NUCLEAR INFRASTRUCTURE SECURITY-
`(1) ESTABLISHMENT- There is established a task force on nuclear infrastructure
security.
`(2) MEMBERSHIP- The task force shall be comprised of--
`(A) the chairman of the Commission, who shall serve as chairperson of
the task force;
`(B) the Secretary of Defense;
`(C) the Secretary of Transportation;
`(D) the Administrator of the Environmental Protection Agency;
`(E) the Attorney General;
`(F) the Secretary of State;
`(G) the Director of the Central Intelligence Agency;
`(H) the Secretary of Health and Human Services;
`(I) the Director of the Federal Emergency Management Agency; and
`(J) the Homeland Security Officer.
`(A) IN GENERAL- The task force, in consultation with other Federal, State,
and local agencies, stakeholders, and members of the public, as appropriate,
shall examine the protection of sensitive nuclear facilities from potential
terrorist threats.
`(i) IN GENERAL- The task force shall examine--
`(I) the classification of threats as--
`(aa) an act--
`(AA) by an enemy of the United States (whether a foreign government or other
person); or
`(BB) otherwise falling under the responsibilities of the Federal Government;
or
`(bb) an act involving a type of risk that the licensees of the Commission
should be responsible for guarding against;
`(II) coordination of Federal, State, and local security efforts for
protection of land, water, and ground access to sensitive nuclear
facilities in the event of a terrorist attack or attempted terrorist
attack;
`(III) the adequacy of existing emergency planning zones to protect
the public health and safety in the event of a terrorist attack against
a sensitive nuclear facility;
`(IV) the adequacy and coordination of Federal, State, and local emergency
planning, evacuation, and other measures to protect the public health
and safety in the event of a terrorist attack against a sensitive
nuclear facility;
`(V) the threats that sensitive nuclear facilities must protect against
to prevent acts of radiological sabotage and theft of special nuclear
material;
`(VI) the system of threat levels, consistent with the Homeland Security
Advisory System, used to categorize the threats against a sensitive
nuclear facility, including--
`(aa) procedures to ensure coordinated Federal, State, and local
responses to changing threat levels for sensitive nuclear facilities;
`(bb) monitoring of threats against sensitive nuclear facilities;
and
`(cc) procedures to notify licensees of a sensitive nuclear facility
of changes in threat levels;
`(VII) the development, implementation, and revision of security plans
for sensitive nuclear facilities;
`(VIII) the establishment of the antiterrorism team under subsection
(h);
`(IX) the hiring and training standards for members of private security
forces at sensitive nuclear facilities, in accordance with subsection
(i);
`(X) the coordination of Federal resources to expedite and improve
the process of performing background checks on employees with access
to sensitive nuclear facilities; and
`(XI) the creation of a program to provide technical assistance and
training for the national guard, State law enforcement agencies, and
local law enforcement agencies to respond, as appropriate, to threats
against a sensitive nuclear facility, including recommendations for
the establishment of a grant program for State and local governments
to carry out any recommended requirements under this section.
`(ii) THREATS- The threats to be examined include--
`(I) threats comparable to the events of September 11, 2001;
`(II) cyber or biochemical threats;
`(III) attacks on a sensitive nuclear facility by multiple coordinated
teams of a large number of individuals;
`(IV) attacks from several persons employed at the sensitive nuclear
facility, some of whom may have sophisticated knowledge of the operations
of the sensitive nuclear facility;
`(V) attacks from individuals willing to commit suicide to carry out
the attacks;
`(VI) water-based and air-based attacks;
`(VII) attacks using explosive devises of considerable size and modern
weaponry;
`(VIII) fire, especially fire of long duration; and
`(IX) any combination of those threats.
`(A) IN GENERAL- Not later than 120 days after the date of enactment of
this section, the task force shall submit to the President and Congress,
in classified form and unclassified form, a report with recommendations
and findings.
`(B) REVISION- The task force shall revise the recommendations periodically,
but not less than once every 3 years.
`(c) THREATS TO SENSITIVE NUCLEAR FACILITIES-
`(1) IN GENERAL- Not later than 150 days after the task force submits the
report under subsection (b)(4), the Commission shall promulgate regulations,
based on and consistent with the findings and recommendations of the task
force, identifying the threats that sensitive nuclear facilities must protect
against to prevent acts of radiological sabotage and the theft of special
nuclear material at sensitive nuclear facilities.
`(2) PROTECTION OF SAFEGUARDS INFORMATION- In promulgating regulations under
this subsection, the Commission shall ensure protection of safeguards information
in accordance with section 147.
`(d) THREAT LEVELS- Not later than 150 days after the task force submits the
report under subsection (b)(4), the Commission shall promulgate regulations,
based on and consistent with the findings and recommendations of the task
force, establishing a system for the determination of multiple threat levels
to describe the threat conditions at sensitive nuclear facilities.
`(1) IN GENERAL- Not later than 1 year after the date on which the Commission
establishes the threats under subsection (c), the Commission shall review,
based on and consistent with the findings and recommendations of the task
force, the security plan for each sensitive nuclear facility to ensure that
each sensitive nuclear facility protects against those threats.
`(2) ASPECTS OF REVIEW- The Commission shall ensure that the security plan
provides for--
`(A) the deployment and capabilities of the private security force at
the sensitive nuclear facility for each threat level;
`(B) coordination between the private security force and the antiterrorism
team for the sensitive nuclear facility, as appropriate for each threat
level;
`(C) secure operation of vital equipment, such as control room equipment
and backup warning systems;
`(D) access restrictions;
`(E) security cameras, fire protection barriers, and other physical security
measures;
`(F) protection of spent fuel, including options such as placement of
spent fuel in dry cask storage;
`(G) background security checks for employees and prospective employees;
and
`(H) coordination among licensees of sensitive nuclear facilities and
appropriate Federal, state, and local emergency response personnel.
`(3) SCHEDULE- The Commission shall establish a priority schedule for conducting
reviews of security plans based on the vulnerability of each sensitive nuclear
facility and the proximity of the sensitive nuclear facility to large population
areas.
`(A) IN GENERAL- Not later than 30 days after the review of each security
plan, the Commission shall submit to Congress and the licensee of each
sensitive nuclear facility recommendations, findings, and a schedule for
implementation of changes to security that shall be made not later than
18 months after completion of the review of the security plan.
`(B) FORM- The report submitted to Congress under subparagraph (A) shall
be submitted in classified and unclassified form.
`(5) UPGRADES TO SECURITY PLAN- Not later than 30 days after the review
of each security plan, the Commission shall ensure that the licensee of
each sensitive nuclear facility revises, as necessary, its security plan
consistent with the findings under paragraph (4).
`(6) UPGRADES TO SECURITY- The Commission shall ensure that the licensee
of each sensitive nuclear facility makes any changes to security required
by the security plan according to the Commission schedule.
`(f) EMERGENCY RESPONSE PLANS-
`(1) IN GENERAL- Not later than 150 days after the task force submits the
report under subsection (b)(4), the Commission shall review, based on and
consistent with the findings and recommendations of the task force, the
emergency response plans for each sensitive nuclear facility to ensure that
each emergency response plan provides protection for persons living in the
emergency response planning zones.
`(2) ASPECTS OF REVIEW- The Commission shall ensure that each emergency
response plan provides for--
`(A) the protection of public health and safety, including the ability
to implement protective measures;
`(B) clear definition and assignment of responsibilities of emergency
response personnel;
`(C) notification procedures;
`(D) communication and coordination among emergency response personnel;
`(E) dissemination of information to the public, including both pre-emergency
education and in the event of a radiological emergency;
`(F) adequate emergency facilities and equipment at and around the sensitive
nuclear facility;
`(G) the use of methods, systems, and equipment for assessing and monitoring
actual or potential impacts of a radiological emergency;
`(H) appropriate evacuation and sheltering and the prophylactic use of
potassium iodide;
`(I) means for controlling radiological exposures;
`(J) appropriate medical services;
`(K) plans for recovery and reentry; and
`(L) radiological emergency response training.
`(3) SCHEDULE- The Commission shall establish a priority schedule for conducting
reviews of emergency response plans for sensitive nuclear facilities based
on the relative degrees of vulnerability of sensitive nuclear facilities
and the proximity of sensitive nuclear facilities to large population areas.
`(A) IN GENERAL- Not later than 30 days after the review of each emergency
response plan, the Commission shall submit to Congress and the licensee
of each sensitive nuclear facility recommendations and findings.
`(B) FORM- The report submitted to Congress under subparagraph (A) shall
be submitted in classified and unclassified form.
`(5) UPGRADES TO EMERGENCY RESPONSE PLAN- Not later than 30 days after completion
of the review of each emergency response plan, the Commission shall ensure
that the licensee of each sensitive nuclear facility revises, as necessary,
the emergency response plan for the sensitive nuclear facility consistent
with the findings under paragraph (4).
`(g) FEDERAL COORDINATION- Not later than 90 days after the task force submits
the report under subsection (b)(4), the Commission shall promulgate regulations,
based on and consistent with the findings and recommendations of the task
force, establishing the circumstances under which the Commission shall request
the President to--
`(1) deploy the Coast Guard to a sensitive nuclear facility;
`(2) provide for the protection of air space in the vicinity of a sensitive
nuclear facility; or
`(3) deploy the antiterrorism team.
`(h) NUCLEAR INFRASTRUCTURE ANTITERRORISM TEAM-
`(1) ESTABLISHMENT- Not later than 1 year after the task force submits the
report under subsection (b)(4), the President shall establish, based on
and consistent with the findings and recommendations of the task force,
the Nuclear Infrastructure Antiterrorism Team.
`(2) PURPOSE- The purpose of the antiterrorism team shall be to provide
protection for the perimeter of sensitive nuclear facilities against the
threats identified under subsection (c), in coordination with other Federal,
State, local, and private entities, as appropriate, consistent with the
security plan for each sensitive nuclear facility.
`(1) IN GENERAL- Not later than 180 days after the task force submits the
report under subsection (b)(4)(B), the President shall establish, based
on and consistent with findings and recommendations of the task force, a
program to provide technical assistance and training for the National Guard
and State and local law enforcement agencies in responding to threats against
a sensitive nuclear facility.
`(2) GRANTS- The President may provide grants, consistent with the findings
and recommendations of the task force, to State and local governments to
assist in carrying out this section.
`(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums as are necessary to carry out this subsection.
`(1) REVIEW- Not later than 90 days after the task force submits the report
under subsection (b)(4), the Commission, taking into consideration recommendations
of the task force, shall review and update the hiring and training standards
for employees of a sensitive nuclear facility.
`(2) CRIMINAL AND SECURITY BACKGROUND CHECKS- The Commission shall require
that--
`(A) each employee at a sensitive nuclear facility pass a criminal and
security background check; and
`(B) criminal and security background checks be updated on a periodic
basis, as appropriate.
`(3) DISQUALIFICATION OF INDIVIDUALS WHO PRESENT NATIONAL SECURITY RISKS-
The Commission, based on and consistent with the findings and recommendations
of the task force, shall establish qualifications and procedures, in addition
to any criminal and security background check conducted under paragraph
(2), to ensure that no individual who presents a threat to national security
is employed at a sensitive nuclear facility.
`(k) FEDERAL SECURITY COORDINATORS-
`(1) IN GENERAL- Not later than 120 days after the task force submits the
report under subsection (b)(4), the Commission, based on and consistent
with findings and recommendations of the
task force, shall promulgate regulations for the hiring and training of Federal
security coordinators.
`(2) ASSIGNMENT OF FEDERAL SECURITY COORDINATORS- Not later than 60 days
after the Commission promulgates regulations under paragraph (1), the Commission
shall assign a Federal security coordinator, under the employment of the
Commission, at each sensitive nuclear facility.
`(3) RESPONSIBILITIES- The Federal security coordinator shall be responsible
for--
`(A) communicating with the Commission and other Federal, State, and local
authorities concerning threats, including threats against the sensitive
nuclear facility;
`(B) ensuring that the sensitive nuclear facility maintains security consistent
with the security plan in accordance with the appropriate threat level;
and
`(C) ensuring full and active coordination of security measures among--
`(i) the private security force at the sensitive nuclear facility;
`(ii) the antiterrorism team; and
`(iii) other Federal, State, and local authorities, as appropriate.
`(l) CLASSIFIED INFORMATION- Nothing in this section shall be construed to
supersede any existing law (including a regulation) governing the disclosure
of classified information or safeguards information.'.
SEC. 3004. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.
(a) IN GENERAL- Title II of the Energy Reorganization Act of 1974 (42 U.S.C.
5841 et seq.) is amended by adding at the end the following:
`SEC. 212. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.
`(a) DEFINITIONS- In this section:
`(1) ANTITERRORISM TEAM- The term `antiterrorism team' has the meaning given
the term in section 170C(a) of the Atomic Energy Act of 1954.
`(2) ASSISTANT DIRECTOR- The term `Assistant Director' means the Assistant
Director for Security Response.
`(3) DIRECTOR- The term `Director' means the Director of Nuclear Security
and Incident Response appointed under subsection (c).
`(4) MOCK TERRORIST TEAM- The term `mock terrorist team' means the mock
terrorist team described in subsection (d)(3).
`(5) OFFICE- The term `Office' means the Office of Nuclear Security and
Incident Response established by subsection (b).
`(6) SENSITIVE NUCLEAR FACILITY- The term `sensitive nuclear facility' has
the meaning given the term in section 11 of the Atomic Energy Act of 1954
(42 U.S.C. 2014).
`(7) THREAT- The term `threat' has the meaning given the term in section
170C(a) of the Atomic Energy Act of 1954.
`(8) UNIT- The term `Unit' means the Security Response Unit established
under subsection (d)(1).
`(b) ESTABLISHMENT OF OFFICE- There is established in the Commission the Office
of Nuclear Security and Incident Response.
`(1) APPOINTMENT- The Commission may appoint and terminate a Director of
Nuclear Security and Incident Response to head the Office.
`(2) DUTIES- The Director shall perform any duties delegated by the Commission
to the Director, including--
`(A) carrying out security, safeguards, and incident responses relating
to--
`(i) any facility owned or operated by a Commission licensee or certificate
holder;
`(ii) any property owned or in the possession of a Commission licensee
or certificate holder that--
`(I) is significant to the common defense and security; or
`(II) is being transported to or from a facility described in clause
(i); and
`(iii) performing any other activity of a Commission licensee or certificate
holder that is significant to the common defense and security;
`(B) for a facility or material licensed or certified under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.)--
`(i) developing contingency plans for dealing with threats, thefts,
and sabotage; and
`(ii) monitoring, reviewing, and evaluating security and safeguards;
`(C) recommending upgrades to internal accounting systems for special
nuclear and other materials licensed or certified under the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.);
`(D) developing and recommending standards and amendments to the standards
of the Commission relating to the duties described in subparagraphs (A)
through (C); and
`(E) carrying out any other safeguards and physical security functions
that the Commission determines to be appropriate.
`(3) CONSULTATION- In carrying out the duties under paragraph (2), the Director
shall, to the maximum extent practicable, consult and coordinate with--
`(A) other officers of the Commission; and
`(B) other Federal agencies.
`(d) SECURITY RESPONSE UNIT-
`(1) ESTABLISHMENT- There is established in the Office the Security Response
Unit.
`(2) HEAD OF UNIT- The Unit shall be headed by an Assistant Director for
Security Response.
`(3) MOCK TERRORIST TEAM- The personnel of the Unit shall include a mock
terrorist team comprised of--
`(A) a number of individuals, consistent with the threat, who have advanced
knowledge of special weapons and tactics comparable to special operations
forces of the Armed Forces;
`(B) nuclear engineers, as appropriate;
`(C) individuals with knowledge of the operations of the sensitive nuclear
facility who are capable of actively disrupting the normal operations
of the sensitive nuclear facility; and
`(D) any other individual that the Commission determines should be a member
of the mock terrorist team.
`(4) SECURITY RESPONSE EVALUATIONS-
`(A) IN GENERAL- Not later than 1 year after the date of enactment of
this section, the Commission shall establish a security response evaluation
program to assess the ability of each sensitive nuclear facility to defend
against the threats in accordance with the security plan for the sensitive
nuclear facility.
`(B) FREQUENCY OF EVALUATIONS- Not less than once every 3 years, the Commission
shall conduct and document security response evaluations at each sensitive
nuclear facility to assess the ability of the private security force,
in cooperation with the antiterrorism team, at
the sensitive nuclear facility to defend against the threat.
`(C) SECURITY EXEMPTION- The Commission may suspend activities under this
section if the Commission determines that the security response evaluations
would compromise security at any sensitive nuclear facility in accordance
with a heightened threat level.
`(D) ACTIVITIES- The security response evaluation shall include force-on-force
exercises by the mock terrorist team against the sensitive nuclear facility
that simulate air, water, and land assaults, as appropriate.
`(E) PERFORMANCE CRITERIA- The Commission shall establish performance
criteria for judging the security response evaluations.
`(i) IN GENERAL- When any of the performance criteria established under
subparagraph (E) are not satisfied--
`(I) the licensee shall promptly correct any defects in performance
identified by the Commission in the security response evaluation;
and
`(II) the Commission shall conduct an additional security response
evaluation within 6 months to confirm that the licensee satisfies
the performance criteria established under subparagraph (E).
`(ii) 2 CONSECUTIVE FAILURES TO SATISFY ALL PERFORMANCE CRITERIA-
`(I) IN GENERAL- If a sensitive nuclear facility fails to satisfy
all of the performance criteria established under subparagraph (E)
in 2 consecutive security response evaluations, the Commission shall
issue an order specifying the corrective actions that must be taken
by the licensee of the sensitive nuclear facility.
`(II) FAILURE TO TAKE CORRECTIVE ACTION- If the licensee of a sensitive
nuclear facility does not take the corrective action specified by
the Commission within 30 days after the date of issuance of an order
under subclause (I), the Commission shall assess a civil penalty under
section 234.
`(G) REPORTS- Not less often than once every year, the Commission shall
submit to Congress and the President a report, in classified form and
unclassified form, that describes the results of each security response
evaluation under this paragraph for the previous year.
`(e) EMERGENCY RESPONSE EXERCISES-
`(1) IN GENERAL- Not less than once every 2 years, the Commission, in coordination
with the Director of the Federal Emergency Management Agency, shall conduct
emergency response exercises to evaluate the ability of Federal, State,
and local emergency response personnel to respond to a radiological emergency
at the sensitive nuclear facility in accordance with the emergency response
plans.
`(2) ACTIVITIES- The emergency response exercises shall evaluate--
`(A) the response capabilities, response times, and coordination and communication
capabilities of the response personnel;
`(B) the effectiveness and adequacy of emergency response and evacuation
plans; and
`(C) the availability of potassium iodide or other prophylactic medicines.
`(3) REVISION OF EMERGENCY RESPONSE PLANS- The Commission shall ensure that
the emergency response plan for a sensitive nuclear facility is revised
to correct for any deficiencies identified by an evaluation under this subsection.
`(4) REPORTS- Not less than once every year, the Commission shall submit
to the President and Congress a report, in classified form and unclassified
form, that describes--
`(A) the results of each emergency response exercise under this subsection
conducted in the previous year; and
`(B) each revision of an emergency response plan made under paragraph
(3) for the previous year.
`(f) EFFECT- Nothing in this section limits any authority of the Department
of Energy relating to the safe operation of facilities under the jurisdiction
of the Department.'.
(b) CONFORMING AMENDMENTS- Title II of the Energy Reorganization Act of 1974
is amended--
(1) in section 203(b) (42 U.S.C. 5843(b))--
(A) in paragraph (1), by striking `licensing and regulation involving'
and inserting `licensing, regulation, and, except as otherwise provided
under section 212, carrying out safety reviews, safeguards, and physical
security of'; and
(B) in paragraph (2), by striking `and safeguards'; and
(2) in section 204(b) (42 U.S.C. 5844(b))--
(i) by striking `including' and inserting `not including'; and
(ii) by striking `and materials.' and inserting `and materials, to the
extent that the safeguards and security functions are delegated to the
Office of Nuclear Security and Incident Response under section 212.';
and
(i) by striking `and safeguards'; and
(ii) by striking `, as amended,' and all that follows through the period
and inserting `(42 U.S.C. 2011 et seq.)'.
SEC. 3005. CARRYING OF WEAPONS BY LICENSEE EMPLOYEES.
Chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et
seq.) (as amended by section 3003(a)) is amended--
(1) in section 161, by striking subsection k. and inserting the following:
`(1) to carry a firearm in the performance of official duties such of its
members, officers, and employees, such of the employees of its contractors
and subcontractors (at any tier) engaged in the protection of property under
the jurisdiction of the United States located at facilities owned by or
contracted to the United States or being transported to or from such facilities,
and such of the employees of persons licensed or certified by the Commission
(including employees of contractors of licensees or certificate holders)
engaged in the protection of facilities owned or operated by a Commission
licensee or certificate holder that are designated by the Commission or
in the protection of property of significance to the common defense and
security located at facilities owned or operated by a Commission licensee
or certificate holder or being transported to or from such facilities, as
the Commission considers necessary, in view
of site-specific conditions, in the interest of the common defense and security;
and
`(2) to carry and use any other weapons, devices, or ammunition in the performance
of officials duties, any employees of persons licensed or certified by the
Commission (including employees of contractors of licensees or certificate
holders) who are trained and qualified as guards and whose duty is the protection
of facilities or property described in paragraph (1), regardless of whether
the employees are Federal, State, or local law enforcement officers;' and
(2) by adding at the end the following:
`SEC. 170D. CARRYING OF WEAPONS.
`(a) AUTHORITY TO MAKE ARREST-
`(1) IN GENERAL- A person authorized under section 161k. to carry a firearm,
other weapon, device, or ammunition may, while in the performance of, and
in connection with, official duties, detain or arrest an individual without
a warrant for any offense against the United States committed in the presence
of the person or for any felony under the laws of the United States if the
person has a reasonable ground to believe that the individual has committed
or is committing such a felony.
`(2) LIMITATION- An employee of a contractor or subcontractor or of a Commission
licensee or certificate holder (or a contractor of a licensee or certificate
holder) authorized to make an arrest under paragraph (1) may make an arrest
only after the Commission, licensee, or certificate holder has applied for
and been granted authorization from the Commission--
`(A) when the individual is within, or is in flight directly from, the
area in which the offense was committed; and
`(B) in the enforcement of--
`(i) a law regarding the property of the United States in the custody
of the Department of Energy, the Commission, or a contractor of the
Department of Energy or Commission or a licensee or certificate holder
of the Commission;
`(ii) a law applicable to facilities owned or operated by a Commission
licensee or certificate holder that are designated by the Commission
under section 161k.;
`(iii) a law applicable to property of significance to the common defense
and security that is in the custody of a licensee or certificate holder
or a contractor of a licensee or certificate holder of the Commission;
or
`(iv) any provision of this Act that subjects an offender to a fine,
imprisonment, or both.
`(3) OTHER AUTHORITY- The arrest authority conferred by this section is
in addition to any arrest authority under other law.
`(A) IN GENERAL- The Secretary and the Commission, with the approval of
the Attorney General, shall issue guidelines to implement section 161k.
and this subsection.
`(B) EFFECTIVE DATE- The authority to carry and use weapons, devices,
or ammunition provided to employees described in section 161k.(2) and
the authority provided to those employees under this subsection shall
not be effective until the date on which guidelines issued under subparagraph
(A) become effective.'.
SEC. 3006. SENSITIVE RADIOACTIVE MATERIAL SECURITY.
(a) AMENDMENT- Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201
et seq.) (as amended by section 3006) is amended by adding at the end the
following:
`SEC. 170E. SENSITIVE RADIOACTIVE MATERIAL SECURITY.
`(a) DEFINITIONS- In this section:
`(1) SENSITIVE RADIOACTIVE MATERIAL-
`(A) IN GENERAL- The term `sensitive radioactive material' means--
`(I) that is a source material, byproduct material, or special nuclear
material; and
`(II) that is any other radioactive material (regardless of whether
the material is or has been licensed or otherwise regulated under
this Act) produced or made radioactive before or after the date of
enactment of this section; and
`(ii) that is in such a form or quantity or concentration that the Commission
determines, based on and consistent with the recommendations of the
task force, should be classified as `sensitive radioactive material'
that warrants improved security and protection against loss, theft,
or sabotage.
`(B) EXCLUSION- The term `sensitive radioactive material' does not include
nuclear fuel or spent nuclear fuel.
`(2) SECURITY THREAT- The term `security threat' means--
`(A) a threat of sabotage or theft of sensitive radioactive material;
`(B) a threat of use of sensitive radioactive material in a radiological
dispersal device; and
`(C) any other threat of terrorist or other criminal activity involving
sensitive radioactive material that could harm the health or safety of
the public due primarily to radiological properties of the sensitive radioactive
material, as determined by the Commission based on and consistent with
the recommendations of the task force.
`(3) TASK FORCE- The term `task force' has the meaning given the term in
section 170C(a).
`(1) IN GENERAL- The task force shall--
`(A) evaluate the security of sensitive radioactive material against security
threats; and
`(B) recommend administrative and legislative actions to be taken to provide
the maximum practicable degree of security against security threats.
`(2) CONSIDERATIONS- In carrying out paragraph (1), the task force shall
make recommendations to--
`(A) determine the radioactive materials that should be classified as
sensitive radioactive materials;
`(B) develop a classification system for sensitive radioactive materials
that--
`(i) is based on the potential for use by terrorists of sensitive radioactive
material and the extent of the threat to public health and safety posed
by that potential; and
`(ii) takes into account--
`(I) radioactivity levels of sensitive radioactive material;
`(II) the dispersibility of sensitive radioactive material;
`(III) the chemical and material form of sensitive radioactive material;
and
`(IV) other appropriate factors;
`(C) develop a national system for recovery of sensitive radioactive material
that is lost or stolen, taking into account the classification system
established under subparagraph (B);
`(D) provide for the storage of sensitive radioactive material that is
not currently in use in a safe and secure manner;
`(E) develop a national tracking system for sensitive radioactive material,
taking into account the classification system established under subparagraph
(B);
`(F) develop methods to ensure the return or proper disposal of sensitive
radioactive material;
`(G) modify current export controls on sensitive radioactive materials
so that, to the extent feasible, exports from the United States of sensitive
radioactive materials are made only to foreign recipients that are willing
and able to control the sensitive radioactive materials in the same manner
as recipients in the United States; and
`(H) establish procedures to improve the security of sensitive radioactive
material in use, transportation, and storage.
`(3) PROCEDURES TO IMPROVE SECURITY- The procedures to improve the security
of sensitive radioactive material under paragraph (2)(H) may include--
`(A) periodic audits or inspections by the Commission to ensure that sensitive
radioactive material is properly secured and can be fully accounted for;
`(B) evaluation by the Commission of security measures taken by persons
that possess sensitive radioactive material;
`(C) imposition of increased fines for violations of regulations relating
to security and safety measures applicable to licensees that possess sensitive
radioactive material;
`(D) conduct of background checks on individuals with access to sensitive
radioactive material;
`(E) measures to ensure the physical security of facilities in which sensitive
radioactive material is stored; and
`(F) screening of shipments of sensitive radioactive material to facilities
that are particularly at risk for sabotage to ensure that the shipments
do not contain explosives.
`(c) REPORT- Not later than 90 days after the date of enactment of this section,
and not less frequently than once every 3 years thereafter, the task force
shall submit to the President and Congress a report in unclassified form (with
a classified annex, if necessary) describing the administrative and legislative
actions recommended under subsection (b)(1).
`(d) ADMINISTRATIVE ACTION- Not later than 60 days after the date of submission
of the report under subsection (b), the Commission shall, based on and consistent
with the recommendations of the task force, take such actions as are appropriate
to--
`(1) revise the system for licensing sensitive radioactive materials based
on and consistent with the recommendations of the task force; and
`(2) ensure that States that have entered into an agreement under section
274b. establish compatible programs in a timely manner.'.
SEC. 3007. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) is amended
in the first sentence by inserting `or subject to the licensing authority
of the Commission or to certification by the Commission under this Act or
any other Act' before the period at the end.
SEC. 3008. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) is amended--
(1) in the first sentence, by striking `or who intentionally and willfully
attempts' and inserting `or who attempts or conspires';
(2) in paragraph (2), by striking `storage facility' and inserting `storage,
treatment, or disposal facility';
(A) by striking `such a utilization facility' and inserting `a utilization
facility licensed under this Act'; and
(B) by striking `or' at the end;
(A) by striking `facility licensed' and inserting `or nuclear fuel fabrication
facility licensed or certified'; and
(B) by striking the period at the end and inserting `; or'; and
(5) by inserting after paragraph (4) the following:
`(5) any production, utilization, waste storage, waste treatment, waste
disposal, uranium enrichment, or nuclear fuel fabrication facility subject
to licensing or certification under this Act during construction of the
facility, if the destruction or damage caused or attempted to be caused
could adversely affect public health and safety during the operation of
the facility;'.
SEC. 3009. EVALUATION OF ADEQUACY OF ENFORCEMENT PROVISIONS.
Not later than 90 days after the date of enactment of this Act, the Attorney
General and the Nuclear Regulatory Commission shall submit to Congress a report
that assesses the adequacy of the criminal enforcement provisions in chapter
18 of the Atomic Energy Act of 1954 (42 U.S.C. 221 et seq.).
SEC. 3010. PROTECTION OF WHISTLEBLOWERS.
Section 211(a)(2) of the Energy Reorganization Act (42 U.S.C. 5851) is amended--
(1) in subparagraph (C), by striking `and' at the end;
(2) in subparagraph (D), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following:
`(E) a contractor or subcontractor of the Commission.'.
SEC. 3011. TECHNICAL AND CONFORMING AMENDMENT.
The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011)
is amended--
(1) by inserting after the item relating to section 149 the following:
`Sec. 149A. Access to nuclear facilities.';
(2) by adding at the end of the item relating to chapter 14 the following:
`Sec. 170B. Uranium supply.
`Sec. 170C. Protection of sensitive nuclear facilities.
`Sec. 170D. Carrying of weapons.
`Sec. 170E. Sensitive Radioactive Material Security.'.
SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry
out this title.
TITLE IV--RAIL SECURITY ACT
SEC. 4001. SHORT TITLE.
This title may be cited as the `Rail Security Act of 2003'.
SEC. 4002. EMERGENCY AMTRAK ASSISTANCE.
(a) IN GENERAL- There are authorized to be appropriated to the Secretary of
Transportation for the use of Amtrak--
(1) $515,000,000 for systemwide security upgrades, including the reimbursement
of extraordinary security-related costs determined by the Secretary to have
been incurred by Amtrak since September 11, 2001, and including the hiring
and training additional police officers, canine-assisted security units,
and surveillance equipment;
(2) $777,000,000 to be used to complete New York tunnel life safety projects
and rehabilitate tunnels in Washington, D.C., and Baltimore, Maryland; and
(3) $101,000,000 to be used for increasing the accessibility of Penn Station,
New York City.
(b) AVAILABILITY OF APPROPRIATED FUNDS- Amounts appropriated pursuant to subsection
(a) shall remain available until expended.
(c) PLAN REQUIRED- The Secretary may not make amounts available to Amtrak
for obligation or expenditure under subsection (a)--
(1) for implementing systemwide security upgrades until Amtrak has submitted
to the Secretary, and the Secretary has approved, a plan for such upgrades;
(2) for completing the tunnel life safety and rehabilitation projects until
Amtrak has submitted to the Secretary, and the Secretary has approved, an
engineering and financial plan for such projects;
(3) for completing the projects described in subsection (a)(3) until Amtrak
has submitted to the Secretary and the Secretary has approved, a plan for
such projects; and
(4) Amtrak has submitted to the Secretary such additional information as
the Secretary may require in order to ensure full accountability for the
obligation or expenditure of amounts made available to Amtrak for the purpose
for which the funds are provided.
(d) 50 Percent To Be Spent Outside the Northeast Corridor- The Secretary shall
ensure that up to 50 percent of the amounts appropriated pursuant to subsection
(a)(1) is obligated or expended for projects outside the Northeast Corridor.
(e) Assessments by DOT Inspector General-
(1) INITIAL ASSESSMENT- Within 60 days after the date of enactment of this
Act, the Inspector General of the Department of Transportation shall transmit
to the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and Infrastructure
a report--
(A) identifying any overlap between capital projects for which funds are
provided under such funding documents, procedures, or arrangements and
capital projects included in Amtrak's 20-year capital plan; and
(B) indicating any adjustments that need to be made in that plan to exclude
projects for which funds are appropriated pursuant to subsection (a).
(2) OVERLAP REVIEW- The Inspector General shall, as part of the Department's
annual assessment of Amtrak's financial status and capital funding requirements
review the obligation and expenditure of funds under each such funding document,
procedure, or arrangement to ensure that the expenditure and obligation
of those funds are consistent with the purposes for which they are provided
under this Act.
(f) COORDINATION WITH EXISTING LAW- Amounts made available to Amtrak under
this section shall not be considered to be Federal assistance for purposes
of part C of subtitle V of title 49, United States Code.
SEC. 4003. RAIL SECURITY.
(a) SECRETARY OF TRANSPORTATION- Section 20103(a) of title 49, United States
Code, is amended by striking `safety' and inserting `safety, including the
security of railroad operations,'.
(b) RAIL POLICE OFFICERS- Section 28101 of title 49, United States Code, is
amended by striking `the rail carrier' each place it appears and inserting
`any rail carrier'.
(c) REVIEW OF RAIL REGULATIONS- Within 180 days after the date of enactment
of this Act, the Secretary of Transportation, in consultation with the Federal
Railroad Administration's Rail Safety Advisory Committee, shall review existing
rail regulations of the Department of Transportation for the purpose of identifying
areas in which those regulations need to be revised to improve rail safety
and security.
SEC. 4004. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(1) IN GENERAL- The Secretary of Transportation shall assess the security
risks associated with
rail transportation and develop prioritized recommendations for--
(A) improving the security of rail tunnels, rail bridges, rail switching
areas, and other areas identified by the Secretary as posing significant
rail-related risks to public safety and the movement of interstate commerce,
taking into account the impact that any proposed security measure might
have on the provision of rail service; and
(B) dealing with the immediate and long-term economic impact of measures
that may be required to address those risks.
(2) EXISTING PRIVATE AND PUBLIC SECTOR EFFORTS- The assessment shall include
a review of any actions already taken to address identified security issues
by both public and private entities.
(b) CONSULTATION; USE OF EXISTING RESOURCES- In carrying out the assessment
required by subsection (a), the Secretary shall--
(1) consult with rail management, rail labor, and public safety officials
(including officials responsible for responding to emergencies); and
(2) utilize, to the maximum extent feasible, the resources and assistance
of--
(A) the Federal Railroad Administration's Rail Safety Advisory Committee;
and
(B) the Transportation Research Board of the National Academy of Sciences.
(1) CONTENTS- Within 180 days after the date of enactment of this Act, the
Secretary shall transmit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Transportation
and Infrastructure a report, without compromising national security, containing--
(A) the assessment and prioritized recommendations required by subsection
(a); and
(B) any proposals the Secretary deems appropriate for providing Federal
financial, technological, or research and development assistance to railroads
to assist the railroads in reducing the likelihood, severity, and consequences
of deliberate acts of crime or terrorism toward rail employees, rail passengers,
rail shipments, or rail property.
(2) FORMAT- The Secretary may submit the report in both classified and redacted
formats if the Secretary determines that such action is appropriate or necessary.
TITLE V--WATER INFRASTRUCTURE SECURITY AND RESEARCH DEVELOPMENT
SEC. 5001. SHORT TITLE.
This title may be cited as the `Wastewater Treatment Works Security and Safety
Act'.
SEC. 5002. PROTECTION FROM TERRORIST AND OTHER HARMFUL INTENTIONAL ACTS.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.)
is amended by adding at the end the following:
`SEC. 222. PROTECTION FROM TERRORIST AND OTHER HARMFUL INTENTIONAL ACTS.
`(a) DEFINITIONS- In this section:
`(1) COVERED TREATMENT WORKS-
`(A) IN GENERAL- The term `covered treatment works' means a treatment
works that--
`(i) serves at least 25,000 individuals; or
`(ii) as determined by the Administrator before March 1, 2003, based
on the factors described in subparagraph (B), presents a sufficient
security risk to remain subject to this section.
`(B) FACTORS FOR INCLUSION OF TREATMENT WORKS- The factors referred to
in subparagraph (A) are--
`(i) the likelihood that the treatment works will be the target of a
harmful intentional act;
`(ii) the consequences that would result if the treatment works were
the target of a harmful intentional act; and
`(iii) such other security factors as the Administrator determines to
be necessary to protect--
`(I) public health, safety, and welfare;
`(II) critical infrastructure; and
`(III) national security.
`(2) EMERGENCY RESPONSE PLAN- The term `emergency response plan' means a
plan that a covered treatment works is required to prepare or revise, and
submit to the Administrator, under subsection (c).
`(3) HARMFUL INTENTIONAL ACT- The term `harmful intentional act' means a
terrorist attack or other intentional act carried out with respect to a
covered treatment works that is intended--
`(A) to substantially disrupt the ability of the covered treatment works
to provide safe and reliable--
`(i) conveyance and treatment of wastewater; and
`(ii) disposal of effluent;
`(B) to damage critical infrastructure;
`(C) to have an adverse effect on the environment; or
`(D) to otherwise pose a significant threat to public health or safety.
`(4) VULNERABILITY ASSESSMENT- The term `vulnerability assessment' means
an assessment that a covered treatment works is required to conduct and
submit to the Administrator under subsection (b)(1).
`(b) VULNERABILITY ASSESSMENTS-
`(1) COVERED TREATMENT WORKS-
`(A) IN GENERAL- Using appropriate tools (such as available vulnerability
self-assessment tools), each covered treatment works shall conduct and
submit to the Administrator an assessment of the vulnerability of the
covered treatment works to a harmful intentional act.
`(B) DEADLINE FOR SUBMISSION- Each covered treatment works shall submit
a vulnerability assessment to the Administrator--
`(i) in the case of a covered treatment works described in subsection
(a)(1)(A)(i), by not later than July 1, 2003; and
`(ii) in the case of a covered treatment works described in subsection
(a)(1)(A)(ii), by such date as shall be determined by the Administrator.
`(2) REQUIRED ELEMENTS- At a minimum, a vulnerability assessment shall consist
of a review of--
`(A) the pipes and constructed conveyances, physical barriers, treatment,
storage, and disposal facilities, and electronic, computer, and other
automated systems, that are used by the covered treatment works;
`(B) the use, storage, or handling of various chemicals at the covered
treatment works;
`(C) plans and procedures of the covered treatment works, to ensure, to
the maximum
extent practicable, continued provision of service; and
`(D) critical records and documents of the covered treatment works.
`(c) EMERGENCY RESPONSE PLAN-
`(1) IN GENERAL- Not later than 180 days after a covered treatment works
completes a vulnerability assessment in accordance with subsection (b),
the covered treatment works shall prepare or revise, as necessary, and submit
to the Administrator, an emergency response plan that incorporates the results
of the vulnerability assessment.
`(2) REQUIRED ELEMENTS- The emergency response plan shall include plans,
procedures, identification of equipment, and other activities that can--
`(A) be implemented or used in the event of a harmful intentional act
carried out with respect to the covered treatment works; and
`(B) reduce or significantly lessen the impacts of a harmful intentional
act carried out with respect to the covered treatment works.
`(3) COORDINATION WITH LOCAL EMERGENCY PLANS- In preparing or revising emergency
response plans under this subsection, a covered treatment works shall, to
the maximum extent practicable, coordinate with local emergency plans.
`(4) RECORD MAINTENANCE- Each covered treatment works shall maintain a copy
of the emergency response plan prepared or revised under paragraph (1),
and any additional revisions to such a plan completed after the date referred
to in paragraph (1), for a period of not less than 5 years after the date
on which the plan or revisions are submitted to the Administrator.
`(d) REQUIREMENTS RELATING TO VULNERABILITY ASSESSMENTS AND EMERGENCY RESPONSE
PLANS-
`(1) PROVISION OF VULNERABILITY ASSESSMENTS TO STATE AND LOCAL GOVERNMENTS-
No covered treatment works shall be required under State or local law to
provide a vulnerability assessment or emergency response plan to any State,
regional, or local governmental entity unless the State or local government
has in effect a law that requires submission of such an assessment or plan
to the State, regional, or local governmental entity.
`(2) EXEMPTION OF INFORMATION FROM DISCLOSURE-
`(A) IN GENERAL- Except as provided in subparagraph (B), all information
provided to the Administrator under subsections (b) and (c), and all information
derived from that information, shall be exempt from disclosure under section
552 of title 5, United States Code.
`(B) NO EXCEPTION- Subparagraph (A) does not apply to information contained
in a vulnerability assessment or emergency response plan that identifies--
`(i) the covered treatment works submitting the vulnerability assessment
or emergency response plan; or
`(ii) the date of completion of the vulnerability assessment or emergency
response plan.
`(3) PROTOCOLS TO PROTECT VULNERABILITY ASSESSMENTS AND EMERGENCY RESPONSE
PLANS FROM UNAUTHORIZED DISCLOSURE-
`(A) IN GENERAL- Not later than March 1, 2003, the Administrator, in consultation
with appropriate Federal law enforcement and intelligence officials, shall
develop such protocols as are necessary to protect vulnerability assessments
and emergency response plans from unauthorized disclosure.
`(B) PROTOCOLS- The protocols shall ensure that--
`(i) each copy of a vulnerability assessment or emergency response plan,
and all information contained in or derived from the vulnerability assessment
or emergency response plan, is kept in a secure location;
`(ii) only individuals designated by the Administrator have access to
the copies of the vulnerability assessments and emergency response plans;
and
`(iii) no copy of a vulnerability assessment, part of a vulnerability
assessment or emergency response plan, or information contained in or
derived from a vulnerability assessment or emergency response plan,
is available to any individual other than an individual designated by
the Administrator under clause (ii).
`(4) CRIMINAL PENALTIES FOR UNAUTHORIZED DISCLOSURE-
`(A) IN GENERAL- Except as provided in subparagraph (B), any individual
referred to in paragraph (3)(B)(ii) who acquires a copy of a vulnerability
assessment or emergency response plan, a part of a vulnerability assessment
or emergency response plan, or any information contained in or derived
from a vulnerability assessment or emergency response plan, and who knowingly
or recklessly reveals the copy, part, or information (other than in accordance
with subparagraph (B)) shall--
`(i) be imprisoned not more than 1 year, fined in accordance with chapter
227 of title 18, United States Code (applicable to class A misdemeanors),
or both; and
`(ii) if employed by the Federal Government, be removed from Federal
employment for the lifetime of the individual.
`(B) EXCEPTIONS- Any individual referred to in paragraph (3)(B)(ii)--
`(i) may disclose a copy, a part, or information referred to in subparagraph
(A)--
`(I) to any individual designated by the Administrator under paragraph
(3)(B)(ii); or
`(II) for use under seal in any administrative or judicial proceeding
relating to imposition of a penalty for failure to comply with this
section; or
`(ii) if the individual is an officer or employee of the United States,
may discuss the contents of a vulnerability assessment or emergency
response plan with a State or local official who the Administrator determines
needs to know those contents.
`(5) PROVISION OF INFORMATION TO CONGRESS- Nothing in this subsection authorizes
any person to withhold any information from Congress or from any committee
or subcommittee of Congress.
`(e) GRANTS FOR COMPLIANCE AND BASIC SECURITY ENHANCEMENTS-
`(1) IN GENERAL- The Administrator, in coordination with State and local
governments, may make grants to covered treatment works--
`(A) to assist in compliance with subsections (b) and (c); and
`(B) to pay the costs of implementing basic security enhancements of critical
importance, and otherwise addressing significant threats of harmful intentional
acts, identified under a vulnerability assessment.
`(2) TYPES OF BASIC SECURITY ENHANCEMENTS- The basic security enhancements
referred to in paragraph (1)(B) are--
`(A) purchase and installation of equipment for detection of intruders;
`(B) purchase and installation of fencing, gating, lighting, or security
cameras;
`(C) tamperproofing of manhole covers, fire hydrants, and valve boxes;
`(D) rekeying of doors and locks;
`(E) improvements to electronic, computer, and other automated systems
and remote security systems;
`(F) participation in training programs, and purchase of training manuals
and guidance materials, relating to security against harmful intentional
acts;
`(G) improvements in the use, storage, or handling of chemicals;
`(H) security screening of employees of the covered treatment works or
employees of contractor support services; and
`(I) such other equipment and activities as the Administrator determines
to be appropriate.
`(3) PROHIBITED EXPENDITURES- The basic security enhancements referred to
in paragraph (1)(B) do not include expenditures for--
`(B) monitoring, operation, or maintenance of facilities, equipment, or
systems.
`(f) GRANTS TO ADDRESS IMMEDIATE AND URGENT SECURITY NEEDS- The Administrator
may make grants to covered treatment works to assist in responding to and
alleviating any vulnerability to a harmful intentional act that the Administrator
determines presents an immediate and urgent security need.
`(g) ASSISTANCE TO SMALL COVERED TREATMENT WORKS-
`(1) GUIDANCE- The Administrator shall provide guidance to covered treatment
works serving a population of fewer than 10,000 individuals on how--
`(A) to conduct vulnerability assessments;
`(B) to prepare emergency response plans; and
`(C) to address threats posed by harmful intentional acts.
`(2) GRANTS- The Administrator may make grants to covered treatment works
described in paragraph (1) to carry out activities in accordance with the
guidance provided under paragraph (1).
`(h) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this section $185,000,000 for the period of fiscal years 2003
through 2007, of which not more than--
`(1) $125,000,000 for fiscal year 2003, and such sums as are necessary for
each of fiscal years 2004 through 2007, may be used to carry out subsection
(e);
`(2) $20,000,000 for the period of fiscal years 2003 and 2004 may be used
to carry out subsection (f); and
`(3) $15,000,000 for fiscal year 2003 and such sums as are necessary for
each of fiscal years 2004 through 2007, may be used to carry out subsection
(g)(2).'.
SEC. 5003. RESEARCH AND REVIEW.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.)
(as amended by section 5002) is amended by adding at the end the following:
`SEC. 223. RESEARCH AND REVIEW.
`(a) DEFINITIONS- In this section, the terms `covered treatment works' and
`harmful intentional act' have the meanings given the terms in section 222(a).
`(b) REVIEW BY ADMINISTRATOR- Not later than 2 years after the date of enactment
of this section, the Administrator, in coordination with appropriate Federal
agencies, shall research and review (or enter into a contract or cooperative
agreement to provide for research and review of)--
`(1) means by which terrorists or other individuals or groups could carry
out harmful intentional acts; and
`(2) means by which alternative processes of conveying, treating, and disposing
of wastewater could be provided in the event of the destruction, impairment,
or disruption of covered treatment works as the result of harmful intentional
acts.
`(c) MEANS OF CARRYING OUT HARMFUL INTENTIONAL ACTS- Means referred to in
subsection (b)(1) include--
`(1) means by which pipes and other constructed conveyances used in covered
treatment works could be destroyed or otherwise prevented from providing
adequate conveyance, pretreatment, treatment, and disposal of wastewater
meeting applicable public health standards;
`(2) means by which conveyance, pretreatment, treatment, storage, and disposal
facilities used by, or in connection with, covered treatment works could
be destroyed or otherwise prevented from providing adequate treatment of
wastewater meeting applicable public health standards;
`(3) means by which pipes, constructed conveyances, pretreatment, treatment,
storage, and disposal systems that are used in connection with treatment
works could be altered or affected so as to pose a threat to public health,
public safety, or the environment;
`(4) means by which pipes, constructed conveyances, pretreatment, treatment,
storage, and disposal systems that are used in connection with covered treatment
works could be reasonably protected from harmful intentional acts;
`(5) means by which pipes, constructed conveyances, pretreatment, treatment,
storage, and disposal systems could be reasonably secured from use as a
means of transportation by terrorists or other individuals or groups who
intend to threaten public health or safety; and
`(6) means by which information systems, including process controls and
supervisory control, data acquisition, and cyber systems, at covered
treatment works could be disrupted by terrorists or other individuals or
groups.
`(d) CONSIDERATIONS- In carrying out the review under this section, the Administrator--
`(1) shall ensure that the review reflects the needs of covered treatment
works of various sizes and various geographic areas of the United States;
and
`(2) may consider the vulnerability of, or potential for forced interruption
of service for, a region or service area, including the National Capital
Area.
`(e) INFORMATION SHARING- As soon as practicable after the review carried
out under this section has been evaluated by the Administrator, the Administrator
shall disseminate to covered treatment works information on the results of
the review through the Information Sharing and Analysis Center or other appropriate
means.
`(f) FUNDING- There is authorized to be appropriated to carry out this section
$15,000,000 for the period of fiscal years 2003 through 2007.'.
SEC. 5004. REFINEMENT OF VULNERABILITY ASSESSMENT TOOLS FOR PUBLICLY OWNED
TREATMENT WORKS.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.)
(as amended by section 5003) is amended by adding at the end the following:
`SEC. 224. REFINEMENT OF VULNERABILITY ASSESSMENT TOOLS FOR PUBLICLY OWNED
TREATMENT WORKS.
`(a) GRANTS- The Administrator may make grants to 1 or more nonprofit organizations
for the improvement of vulnerability self-assessment tools for publicly owned
treatment works.
`(b) ELIGIBLE ACTIVITIES-
`(1) IN GENERAL- Grants provided under this section may be used for--
`(A) developing and distributing vulnerability self-assessment software
upgrades;
`(B) improving and enhancing critical technical and user support functions;
`(C) expanding libraries of information addressing both threats and countermeasures;
and
`(D) implementing user training initiatives.
`(2) SERVICES- Services described in paragraph (1) shall be provided at
no cost to recipients.
`(c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this section $500,000 for each of fiscal years 2003 through 2007,
to remain available until expended.'.
TITLE VI--ENHANCING BORDER SECURITY
Subtitle A--Immigration and Naturalization Service
SEC. 6101. ADDITIONAL PERSONNEL AT THE IMMIGRATION AND NATURALIZATION SERVICE.
(a) INS INSPECTORS- Subject to the availability of appropriations, during
each of the fiscal years 2003 through 2006, the Attorney General shall increase
the number of inspectors and associated support staff in the Immigration and
Naturalization Service by the equivalent of not less than 250 full-time employees
over the number of inspectors and associated support staff in the Immigration
and Naturalization Service authorized by the Uniting and Strengthening America
by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 (Public Law 107-56) and the Enhanced Border
Security and Visa Entry Reform Act of 2002 (Public Law 107-173).
(b) INS INVESTIGATIVE PERSONNEL- Subject to the availability of appropriations,
during each of the fiscal years 2003 through 2006, the Attorney General shall
increase the number of investigative and associated support staff of the Immigration
and Naturalization Service by the equivalent of not less than 250 full-time
employees over the number of investigators and associated support staff in
the Immigration and Naturalization Service authorized by the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56) and the Enhanced
Border Security and Visa Entry Reform Act of 2002 (Public Law 107-173).
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums as may be necessary to carry out this section, including such sums
as may be necessary to provide facilities, attorney personnel, support staff,
and other resources needed to support the increased number of inspectors,
investigative staff, and associated support staff.
SEC. 6102. TECHNOLOGICAL IMPROVEMENTS BY THE INS TO IMPROVE BORDER SECURITY.
(a) IN GENERAL- The Immigration and Naturalization Service shall improve border
security by--
(1) making improvements in technology (including infrastructure support,
computer security, and information technology development) relating to border
security;
(2) expanding, utilizing, and improving technology relating to border security;
and
(3) facilitating the flow of commerce and persons at ports of entry, including
improving and expanding programs for preenrollment and preclearance.
(1) IN GENERAL- Federal agencies involved in border security may waive all
or part of enrollment fees for technology-based programs to encourage participation
by United States citizens and aliens in such programs.
(2) MODIFICATION OF OTHER FEES- Any agency that waives any fee under paragraph
(1) may modify its fees for other services to enable the agency to recover
the amounts waived from other entities.
(c) AUTHORIZATION OF APPROPRIATIONS- In addition to funds otherwise available
for such purposes, there are authorized to be appropriated $250,000,000 for
each of the fiscal years 2003 through 2006 to the Immigration and Naturalization
Service to carry out the provisions under subsection (a).
Subtitle B--United States Customs Service
SEC. 6201. ADDITIONAL PERSONNEL AT THE UNITED STATES CUSTOMS SERVICE.
(a) IN GENERAL- Subject to the availability of appropriations, during each
of the fiscal years 2003 through 2006, the Secretary of Homeland Security
shall increase the number of personnel in the United States Customs Service
by the equivalent of not less than 250 full-time employees over the number
of personnel in the United States Customs Service as of January 24, 2003.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums as may be necessary to carry out this section, including such sums
as may be necessary to provide facilities, attorney personnel, support staff,
and other resources needed to support the increased number of personnel in
the United States Customs Service.
SEC. 6202. TECHNOLOGICAL IMPROVEMENTS BY THE CUSTOMS SERVICE TO IMPROVE
BORDER SECURITY.
(a) IN GENERAL- The United States Customs Service shall improve border security
by--
(1) making improvements in technology (including infrastructure support,
computer security, and information technology development) relating to border
security;
(2) expanding, utilizing, and improving technology relating to border security;
and
(3) facilitating the flow of commerce and persons at ports of entry, including
improving and expanding programs for preenrollment and preclearance.
(b) AUTHORIZATION OF APPROPRIATIONS- In addition to funds otherwise available
for such purposes, there are authorized to be appropriated $250,000,000 for
each of the fiscal years 2003 through 2006 to the Department of Homeland Security
to carry out the provisions under subsection (a).
Subtitle C--Bureau of Border Security
SEC. 6301. ADDITIONAL PERSONNEL AT THE BUREAU OF BORDER SECURITY.
(a) IN GENERAL- Subject to the availability of appropriations, during each
of the fiscal years 2003 through 2006, the Secretary of Homeland Security
shall increase the number of personnel in the Bureau of Border Security by
the equivalent of not less than 250 full-time employees over the number of
personnel in the Bureau of Border Security as of January 24, 2003.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums as may be necessary to carry out this section, including such sums
as may be necessary to provide facilities, attorney personnel, support staff,
and other resources needed to support the increased number of personnel in
the Bureau of Border Security.
SEC. 6302. TECHNOLOGICAL IMPROVEMENTS BY THE BUREAU OF BORDER SECURITY TO
IMPROVE BORDER SECURITY.
(a) IN GENERAL- The Bureau of Border Security, of the Department of Homeland
Security, shall improve border security by--
(1) making improvements in technology (including infrastructure support,
computer security, and information technology development) relating to border
security;
(2) expanding, utilizing, and improving technology relating to border security;
and
(3) facilitating the flow of commerce and persons at ports of entry, including
improving and expanding programs for preenrollment and preclearance.
(b) AUTHORIZATION OF APPROPRIATIONS- In addition to funds otherwise available
for such purposes, there are authorized to be appropriated $250,000,000 for
each of the fiscal years 2003 through 2006 to the Department of Homeland Security
to carry out the functions under subsection (a).
TITLE VII--PUBLIC HEALTH SECURITY AND BIOTERRORISM PREPAREDNESS
SEC. 7001. SENSE OF CONGRESS ON SMALLPOX VACCINATION.
The sense of Congress is as follows:
(1) The President has determined that to protect Americans against the threat
of a smallpox attack, there is a need for a program for smallpox vaccination
announced December 13, 2002. The plan is to vaccinate military personnel,
civilians, and smallpox response teams. Smallpox response teams will include
health care workers and first responders.
(2) Military vaccination has already begun. Civilian vaccination is scheduled
to begin January 24, 2003.
(3) As part of the program for smallpox vaccination, the President should--
(A) guarantee medical care, compensation for injuries, and other protections
for individuals who are vaccinated; and
(B) provide adequate resources for States and hospitals to administer
the program fairly, safely, and without adverse consequences to other
critical public health needs.
(4) The facts about smallpox vaccine are as follows:
(A) Smallpox was eradicated in 1980. The United States stopped routine
vaccinations in 1972.
(B) The President has determined that the threat of an attack using smallpox
warrants a National Smallpox Vaccination Program.
(C) Smallpox vaccine contains a live virus called vaccinia, which is similar
to the smallpox virus and can spread to another part of the body or to
other people from the vaccine site.
(D) Past experience indicates that for every 1,000,000 vaccinated, between
15 and 52 people will suffer life-threatening consequences, and 1 or 2
will die.
(E) Pregnant women, babies, and people with eczema or weakened immune
systems should not receive the vaccine, making proper medical screening
of candidates for the vaccine critical.
(F) In a recent trial of 200 healthy, young adults who received the vaccine,
one-third of participants missed at least 1 day of work or school, 75
had high fevers, and several took antibiotics.
(G) Administration of the smallpox vaccine is different from administration
of other vaccines and many health professionals have never administered
the vaccine.
(5) To administer the President's smallpox vaccination program, there is
an urgent need--
(A) for emergency appropriations to States for purposes including administering
the vaccine, education about the vaccine, medical screening of candidates
for the vaccine, medical surveillance of vaccine recipients, medical treatment
of those injured directly or indirectly by the vaccine, efforts to mitigate
the impact of lost productivity due to individuals' adverse reactions
to the vaccine, and planning, coordination, and evaluation of smallpox
vaccine activities;
(B) to ensure that those who are injured from the vaccine (whether directly
or indirectly) have access to and compensation for the health care they
need;
(C) to set up effective safeguards for administering the vaccine, including
education for those administering the vaccine, education for prospective
recipients of the vaccine, proper medical screening and confidentiality
protections for medical information, education for vaccine recipients
on how to prevent accidental transmission, post-vaccination medical surveillance
and treatment, the supply of safe needles for vaccine administration,
the provision of adequate vaccinia immune globulin (VIG) to treat adverse
reactions, and mandatory centralized reporting of adverse consequences;
(D) to protect civilian workers from disclosure of medical information,
from discrimination in the workplace if they refuse to be vaccinated,
and from lost wages and benefits, adverse employment consequences, or
other losses if they miss work as a result of the vaccine; and
(E) to ensure that adequate protocols for protecting vulnerable patients
from exposure to accidental transmission from a health care worker who
has been vaccinated are followed.
(6) The Homeland Security Act of 2002 shielded from liability those who
manufacture or administer smallpox vaccine under that Act. Individuals who
are harmed by the vaccine or their survivors must sue the Federal Government
for compensation for their injuries under the Federal Tort Claims Act. Under
that Act, individuals who are injured are required to prove negligence in
order to be compensated. Since smallpox vaccination may cause injuries even
without negligence, many of those harmed by the vaccine may be unable to
collect any compensation under this stringent standard and thus will never
receive compensation for their injuries. To provide a fairer and more complete
system for those who are vaccinated, including workers who voluntarily put
themselves at risk to protect America, Congress should establish, in addition
to the tort claims system, a system to compensate those injured by the vaccine,
including those who are injured by contact with someone who has received
the vaccine. The compensation system should be adequately funded. It should
include both a no-fault component for those individuals who experience foreseeable
adverse reactions already known to be associated with the vaccine, and a
mechanism for proving causation for those individuals who suffer unforeseen
consequences from the vaccine.
(7) The Homeland Security Act of 2002 failed to protect from liability a
vaccinated person who transmits vaccinia accidentally. This section should
be amended to protect these people from liability. The section also failed
to protect hospitals that did not administer the vaccine, but employ vaccinated
health workers. The section should be amended to clarify which hospitals
are covered.
(8) Implementation of the President's smallpox vaccination program depends
upon significant State and local government participation. The President
should provide resources to those entities to accomplish his smallpox vaccination
goals. To assist State and local governments with this burden, Congress
should establish emergency grants for carrying out smallpox vaccinations
pursuant to the President's plan.
SEC. 7002. AID TO STATES FOR SMALLPOX VACCINATION PROGRAMS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.)
is amended by inserting after section 319C-2 the following:
`SEC. 319C-3. AID TO STATES FOR SMALLPOX VACCINATION PROGRAMS.
`(a) IN GENERAL- The Secretary shall award grants to eligible entities to
enable such entities to carry out activities under the National Smallpox Vaccination
Program.
`(b) ELIGIBLE ENTITIES- To be eligible to receive a grant under subsection
(a), an entity shall--
`(1) be a State or political subdivision of a State (as provided for in
subsection (e)); and
`(2) prepare and submit to the Secretary an application at such time, and
in such manner, and containing such information as the Secretary may require.
`(c) USE OF FUNDS- An entity shall use amounts received under a grant under
subsection (a) to carry out activities under the National Smallpox Vaccination
Program, including--
`(1) administering vaccines to individuals;
`(2) providing educational services and materials concerning vaccinations;
`(3) providing for the medical screening of proposed candidates for a vaccine;
`(4) providing for the medical surveillance of vaccine recipients;
`(5) providing medical treatment to address the immediate medical needs
of individuals who suffer illness or injury, directly or indirectly, as
a result of the vaccine;
`(6) providing assistance for individuals who lose wages and benefits as
a result of the smallpox vaccine and to entities that suffer lost productivity
as a result of employees injured by such vaccine;
`(7) planning, coordination, and evaluation of smallpox vaccine activities;
and
`(8) other activities determined appropriate by the Secretary.
`(1) IN GENERAL- For each fiscal year for which amounts are appropriated
under subsection (f), the Secretary shall, in an amount determined in accordance
with paragraphs (2) through (4), make an award under subsection (a) to each
eligible entity.
`(2) BASE AMOUNT- In determining the amount of an award pursuant to paragraph
(1), the Secretary shall first determine an amount the Secretary considers
appropriate for the entity (referred to in this paragraph as the `base amount'),
except that such amount may not be greater than the minimum amount determined
under paragraph (4).
`(3) INCREASE ON BASIS OF POPULATION- After determining the base amount
for an entity under paragraph (2), the Secretary shall increase the base
amount by an amount equal to the product of--
`(A) the amount appropriated under subsection (f) for the fiscal year,
less an amount equal to the sum of all base amounts determined for the
entities under paragraph (2), and less the amount, if any, reserved by
the Secretary under subsection (e); and
`(B) subject to subsection (e)(3), the percentage constituted by the ratio
of an amount equal to the population of the entity over an amount equal
to the total population of the entities (as indicated by the most recent
data collected by the Bureau of the Census).
`(4) MINIMUM AMOUNT- Subject to the amount appropriated under subsection
(f), an award pursuant to paragraph (1) for an entity shall be the greater
of the base amount as increased under paragraph (3), or the minimum amount
under this paragraph. The minimum amount under this paragraph is--
`(A) in the case of each of the several States, the District of Columbia,
and the Commonwealth of Puerto Rico, an amount equal to the lesser of--
`(ii) if the amount appropriated under subsection (f) is less than $667,000,000,
an amount equal to 0.75 percent of the amount appropriated under such
subsection, less the amount, if any, reserved by the Secretary under
subsection (e); or
`(B) in the case of each of American Samoa, Guam, the Commonwealth of
the Northern Mariana Islands, and the Virgin Islands, an amount determined
by the Secretary to be appropriate, except that such amount may not exceed
the amount determined under subparagraph (A).
`(e) POLITICAL SUBDIVISIONS-
`(1) IN GENERAL- The Secretary may, before making awards pursuant to subsection
(d), reserve from the amount appropriated under subsection (f) for a fiscal
year an amount determined necessary by the Secretary to make awards under
subsection (a) to political subdivisions that have a substantial number
of residents, have a substantial local infrastructure for responding to
public health emergencies, and face a high degree of risk from bioterrorist
attacks or other public health emergencies. Not more than three political
subdivisions may receive awards pursuant to this paragraph.
`(2) RELATIONSHIP TO FORMULA GRANTS- In the case of a State that will receive
an award pursuant to subsection (d), and in which there is located a political
subdivision that will receive an award pursuant to paragraph (1), the Secretary
shall, in determining the amount under subsection (d)(3) for the State,
subtract from the population of the State an amount equal to the population
of such political subdivision.
`(3) CONTINUITY OF FUNDING- In determining whether to make an award pursuant
to paragraph (1) to a political subdivision, the Secretary may consider,
as a factor indicating that the award should be made, that the political
subdivision received public health funding from the Secretary for fiscal
year 2002.
`(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to provide grants under subsection (a), $1,000,000,000 for fiscal year 2004,
and such sums as may be necessary for each of fiscal years 2005 and 2006.
`(g) DEFINITION- In this section, the term `National Smallpox Vaccination
Program' means the program to vaccinate health care workers, first responders,
military personnel, and the public as announced by the President on December
13, 2002, including any future modifications to such program.'.
SEC. 7003. SMALLPOX VACCINE INJURY COMPENSATION PROGRAM.
`To provide compensation to individuals who suffer illness or injury, directly
or indirectly, as a result of the administration of a vaccine under the National
Smallpox Vaccination Program (as defined in section 7002(g)), there are authorized
to be appropriated $750,000,000 for fiscal year 2004, and such sums as may
be necessary for each of fiscal years 2005 and 2006.
SEC. 7004. INCREASE IN AUTHORIZATIONS FOR BIOTERRORISM SECURITY AND PREPAREDNESS.
(a) PLANNING AND COORDINATION- Section 2811(h) of the Public Health Service
Act (42 U.S.C. 300hh-11(h)) is amended by striking `through 2006' and
inserting `and 2003, $150,000,000 for fiscal year 2004, and such sums as
may be necessary for each of fiscal years 2005 and 2006'.
(b) CDC LABORATORIES AND PERSONNEL- Section 319D(c)(1)(B) of the Public Health
Service Act (42 U.S.C. 247d-4(c)(1)(B)) is amended by striking `through 2006'
and inserting `and 2003, $379,000,000 for fiscal year 2004, and such sums
as may be necessary for each of fiscal years 2005 and 2006'.
(c) CURRICULUM DEVELOPMENT FOR HEALTH CARE PERSONNEL- Section 319F(g)(3) of
the Public Health Service Act (42 U.S.C. 247d-6(g)(3)) is amended--
(1) by striking `In carrying' and inserting the following:
`(A) IN GENERAL- In carrying'; and
(2) by adding at the end the following:
`(B) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
for grants, contracts, and cooperative agreements under this paragraph,
$100,000,000 for fiscal year 2004, and such sums as may be necessary for
each of fiscal years 2005 and 2006.'.
(d) STRATEGIC NATIONAL STOCKPILE- Section 121(e) of the Public Health Security
and Bioterrorism Preparedness and Response Act of 2002 (42 U.S.C. 300hh-12(e))
is amended--
(1) in paragraph (1), by striking `and such sums' and all that follows and
inserting `, such sums as may be necessary for fiscal year 2003, $350,000,000
for fiscal year 2004, and such sums as may be necessary for each of fiscal
years 2005 and 2006.'; and
(2) by adding at the end the following:
`(3) ANTHRAX VACCINE EVALUATION AND PROCUREMENT- For the purpose of enabling
the Secretary to conduct an evaluation on the need to procure an anthrax
vaccination and for such procurement, there are authorized to be appropriated
$350,000,000 for fiscal year 2004, and such sums as may be necessary for
each of fiscal years 2005 and 2006.'.
(e) COUNTERMEASURE RESEARCH AND DEVELOPMENT- Section 319F of the Public Health
Service Act (42 U.S.C. 247d-6) is amended by adding at the end the following:
`(k) AUTHORIZATION OF APPROPRIATIONS FOR NIH RESEARCH- There are authorized
to be appropriated--
`(1) for research conducted by the National Institutes of Health under this
section, $1,500,000,000 for fiscal year 2004, and such sums as may be necessary
for each of fiscal years 2005 and 2006; and
`(2) for buildings and facilities improvement activities, $521,000,000 for
fiscal year 2004, and such sums as may be necessary for each of fiscal years
2005 and 2006.
The Secretary shall consult with the Secretary of Homeland Security in prioritizing
the research to be conducted with amounts appropriated under this subsection.'.
(f) GRANTS TO IMPROVE STATE, LOCAL, AND HOSPITAL PREPAREDNESS AND RESPONSE-
Section 319C-1(j) of the Public Health Service Act (42 U.S.C. 247d-3a(j))
is amended--
(A) by redesignating subparagraph (B) as subparagraph (C); and
(B) by inserting after subparagraph (A), the following:
`(i) AUTHORIZATIONS- For the purpose of carrying out this section, there
is authorized to be appropriated $1,500,000,000 for fiscal year 2004,
of which $1,500,000,000 is authorized to be appropriated for awards
pursuant to paragraph (3) (subject to the authority of the Secretary
to make awards pursuant to paragraphs (4) and (5)).
`(ii) CONTINGENT ADDITIONAL AUTHORIZATION- If a significant change in
circumstances warrants an increase in the amount authorized to be appropriated
under clause (i) for fiscal year 2004, there are authorized to be appropriated
such sums as may be necessary for such year for carrying out this section,
in addition to the amount authorized in clause (i).'; and
(C) in subparagraph (C), as so redesignated, by striking `2004 through'
and inserting `2005 and';
(A) in the paragraph heading, by striking `FOR FISCAL YEAR 2003'; and
(B) in subparagraph (A), by striking `fiscal year 2003' and inserting
`each of fiscal years 2003 and 2004';
(3) in paragraph (4)(A), by striking `fiscal year 2003' and inserting `each
of fiscal years 2003 and 2004';
(4) in paragraph (5)(A), by striking `fiscal year 2003' and inserting `each
of fiscal years 2003 and 2004'; and
(5) in paragraph (6), by striking `fiscal year 2003' and inserting `each
of fiscal years 2003 and 2004'.
(g) PARTNERSHIPS FOR COMMUNITY AND HOSPITAL PREPAREDNESS- Section 319C-2(i)
of the Public Health Service Act (42 U.S.C. 247d-3b(i)) is amended by striking
`such sums' and all that follows and inserting `$2,000,000,000 for fiscal
year 2004, and such sums as may be necessary for each of fiscal years 2005
and 2006.'.
(h) PROTECTION AGAINST ADULTERATION OF FOOD- Section 302(f) of the Public
Health Security and Bioterrorism Preparedness and Response Act of 2002 (21
U.S.C. 321 note) is amended by striking `and such sums' and all that follows
and inserting `such sums as may be necessary for fiscal year 2003, $200,000,000
for fiscal year 2004, and such sums as may be necessary for each of fiscal
years 2005 and 2006'.
(i) OTHER FOOD AND DRUG ADMINISTRATION RELATED PROVISIONS- Subtitle B of title
V of the Public Health Security and Bioterrorism Preparedness and Response
Act of 2002 (Public Law 107-188) is amended by adding at the end the following:
`SEC. 524. BIOTERRORISM VACCINE REVIEW.
`To enable the Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, to conduct reviews of the safety and efficacy
of existing or proposed bioterrorism vaccines, there are authorized to be
appropriated $100,000,000 for fiscal year 2004, and such sums as may be necessary
for each of fiscal years 2005 and 2006.
`SEC. 525. ENHANCED SECURITY.
`To provide for additional security for facilities and operations of the Food
and Drug Administration, there are authorized to be appropriated $7,000,000
for fiscal year 2004, and such sums as may be necessary for each of fiscal
years 2005 and 2006.'.
TITLE VIII--INFORMATION SECURITY
Subtitle A--Information Technology Fund to Enhance Homeland Defense, Information
Security, and Defenses Against Other Threats
SEC. 8101. ESTABLISHMENT OF FUND.
(a) IN GENERAL- There is established in the Treasury of the United States
an Information Technology Fund (referred to in this subtitle as the `Fund').
(b) PURPOSE- The Fund is established to provide expenditures for information
technology and related services for Federal agencies.
(c) PROJECT EXAMPLES- Projects approved under section 8103 may include efforts--
(1) to improve the information security systems of the Federal Government;
(2) to protect critical infrastructure;
(3) to provide stronger defenses against natural and man-made threats to
the Nation; and
(4) to enable Federal agencies to take advantage of information technology
in sharing information and conducting transactions with each other and with
State and local governments in furtherance of the goals described in paragraphs
(1) through (3).
SEC. 8102. SELECTION PROCEDURES.
(a) IN GENERAL- The Director of the Office of Management and Budget (referred
to in this subtitle as `the Director') shall establish procedures for accepting
and reviewing proposals for funding under this subtitle.
(b) CONSULTATION- In establishing procedures and reviewing proposals under
this subtitle, the Director shall consult with interagency councils, including--
(1) the Chief Information Officers Council;
(2) the Chief Financial Officers Council; and
(3) procurement councils.
(c) PROPOSAL REQUIREMENTS- When reviewing proposals and managing the Fund,
the Director shall observe and incorporate the following procedures:
(1) A project requiring substantial involvement or funding from a department
must be approved by a senior official with agency-wide authority on behalf
of the Secretary or agency head, who shall report directly to the Secretary
or agency head.
(2) Agencies must demonstrate measurable mission benefits commensurate with
the proposed costs.
(3) Funded projects must adhere to fundamental capital planning and processes.
(4) Agencies must assess the results of funded projects.
(5) Proposals shall identify resource commitments from other agencies and
shall include plans for continuing the project after all funds made available
from the Fund have been exhausted.
(6) After considering the recommendations of the interagency councils, the
Director shall have sole discretion to determine which of the projects shall
receive financial assistance from the Fund.
(d) SELECTION CRITERIA- In evaluating each proposal requesting funding, the
Director shall consider the extent to which--
(1) the proposal ensures proper security and protects privacy; and
(2) the proposal has performance objectives that tie to agency missions
and strategic goals.
(e) ADDITIONAL CRITERIA- The Director shall select projects for funding that
satisfy 1 or more of the following criteria:
(1) The proposal improves the Federal Government's information security
systems.
(2) The proposal will improve the protection of the Nation's critical infrastructure.
(3) The proposal will aid in the defense of the Nation against natural and
man-made threats.
(4) The proposal will enable Federal agencies to take advantage of information
technology in sharing information and conducting transactions with each
other and with State and local governments in furtherance of the goals under
paragraphs (1) through (3).
SEC. 8103. ADMINISTRATION OF FUND.
(a) IN GENERAL- The Administrator of the General Services Administration shall
administer the Fund to support agency spending projects approved by the Director
that will improve the Nation's defenses through enhanced information technology.
(b) LIMITATION ON TRANSFERS FROM FUND- An agency may not receive a transfer
from the Fund until not less than 15 days after the Director has submitted
the notification under subsection (c) to--
(1) the Committees on Appropriations of the Senate and the House of Representatives;
(2) the Committee on Governmental Affairs of the Senate;
(3) the Committee on Government Reform of the House of Representatives;
and
(4) the appropriate authorizing committees of the Senate and the House of
Representatives.
(c) CONTENTS OF NOTIFICATION- The notification under subsection (b) shall
describe--
(1) how the funds to be expended by the recipient agency are to be allocated;
and
(2) how the expenditures will further the purposes of this section.
(d) USE OF FUNDS- The Administrator of the General Services Administration
may use amounts from the Fund to pay--
(1) the salaries of up to 10 Federal employees to administer the Fund; and
(2) other expenses necessary to administer the Fund.
SEC. 8104. REPORT TO CONGRESS.
(a) IN GENERAL- The Director shall report annually to Congress on the operation
of the Fund.
(b) CONTENTS- The report under subsection (a) shall describe--
(1) all projects which the Director has approved for funding from the Fund;
and
(2) the results achieved to date for the projects under paragraph (1).
SEC. 8105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund $1,000,000,000 for fiscal
year 2003, which shall remain available until September 30, 2004.
Subtitle B--Protection of Voluntarily Furnished Confidential Information
SEC. 8201. DEFINITIONS.
In this subtitle, the following definitions shall apply:
(1) CRITICAL INFRASTRUCTURE- The term `critical infrastructure' has the
meaning given that term in section 1016(e) of the USA PATRIOT ACT of 2001
(42 U.S.C. 5195(e)).
(2) DEPARTMENT- The term `Department' means the Department of Homeland Security.
(3) FURNISHED VOLUNTARILY-
(A) DEFINITION- The term `furnished voluntarily' means a submission of
a record that--
(i) is made to the Department in the absence of authority of the Department
requiring that record to be submitted; and
(ii) is not submitted or used to satisfy any legal requirement or obligation
or to obtain any grant, permit, benefit (such as agency forbearance,
loans, or reduction or modifications of agency penalties or rulings),
or other approval from the Government.
(B) BENEFIT- In this paragraph, the term `benefit' does not include any
warning, alert, or other risk analysis by the Department.
SEC. 8202. PROTECTION OF CONFIDENTIAL INFORMATION.
(a) IN GENERAL- A record pertaining to the vulnerability of and threats to
critical infrastructure (such as attacks, response, and recovery efforts)
that is furnished voluntarily to the Department shall not be made available
under section 552 of title 5, United States Code, if--
(1) the provider would not customarily make the record available to the
public; and
(2) the record is designated and certified by the provider, in a manner
specified by the Department, as confidential and not customarily made available
to the public.
(b) RECORDS SHARED WITH OTHER AGENCIES-
(A) RESPONSE TO REQUEST- An agency in receipt of a record that was furnished
voluntarily to the Department and subsequently shared with the agency
shall, upon receipt of a request under section 552 of title 5, United
States Code, for the record--
(i) not make the record available; and
(ii) refer the request to the Department for processing and response
in accordance with this section.
(B) SEGREGABLE PORTION OF RECORD- Any reasonably segregable portion of
a record shall be provided to the person requesting the record after deletion
of any portion which is exempt under this section.
(2) DISCLOSURE OF INDEPENDENTLY FURNISHED RECORDS- Notwithstanding paragraph
(1), nothing in this section shall prohibit an agency from making available
under section 552 of title 5, United States Code, any record that the agency
receives independently of the Department, regardless of whether or not the
Department has a similar or identical record.
(c) WITHDRAWAL OF CONFIDENTIAL DESIGNATION- The provider of a record that
is furnished voluntarily to the Department under subsection (a) may at any
time withdraw, in a manner specified by the Department, the confidential designation.
(d) PROCEDURES- The Secretary shall prescribe procedures for--
(1) the acknowledgement of receipt of records furnished voluntarily;
(2) the designation, certification, and marking of records furnished voluntarily
as confidential and not customarily made available to the public;
(3) the care and storage of records furnished voluntarily;
(4) the protection and maintenance of the confidentiality of records furnished
voluntarily; and
(5) the withdrawal of the confidential designation of records under subsection
(c).
(e) EFFECT ON STATE AND LOCAL LAW- Nothing in this section shall be construed
as preempting or otherwise modifying State or local law concerning the disclosure
of any information that a State or local government receives independently
of the Department.
SEC. 8203. REPORT TO CONGRESS.
(a) IN GENERAL- Not later than 18 months after the date of the enactment of
this Act, the Comptroller General of the United States shall submit to the
committees of Congress specified in subsection (b) a report on the implementation
of this subtitle, including--
(1) the number of persons in the private sector, and the number of State
and local agencies, that furnished voluntarily records to the Department
under this section;
(2) the number of requests for access to records granted or denied under
this section; and
(3) such recommendations as the Comptroller General considers appropriate
regarding improvements in the collection and analysis of sensitive information
held by persons in the private sector, or by State and local agencies, relating
to vulnerabilities of and threats to critical infrastructure, including
the response to such vulnerabilities and threats.
(b) COMMITTEES OF CONGRESS- The committees of Congress specified in this paragraph
are--
(1) the Committees on the Judiciary and Governmental Affairs of the Senate;
and
(2) the Committees on the Judiciary and Government Reform and Oversight
of the House of Representatives.
(c) FORM- The report required under subsection (a) shall be submitted in unclassified
form, but may include a classified annex.
SEC. 8204. AMENDMENTS TO HOMELAND SECURITY ACT OF 2002.
The Homeland Security Act of 2002 (Public Law 107-296) is amended--
(1) by striking section 214;
(2) in section 232(b)(2), by striking `(which shall be exempt from the provisions
of the Federal Advisory Committee Act (5 U.S.C. App.))';
(3) in section 311, by striking subsection (i), and redesignating subsection
(j) as subsection (i); and
(4) by striking section 871.
Subtitle C--Interoperability of Information Systems
SEC. 8301. INTEROPERABILITY OF INFORMATION SYSTEMS.
(a) DEFINITIONS- In this section, the following definitions shall apply:
(1) DIRECTOR- The term `Director' means the Director of the Office of Management
and Budget.
(2) ENTERPRISE ARCHITECTURE- The term `enterprise architecture'--
(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
(i) a baseline architecture;
(ii) a target architecture; and
(2) SECRETARY- The term `Secretary' means the Secretary of the Department
of Homeland Security.
(b) RESPONSIBILITIES OF SECRETARY- The Secretary shall--
(1) endeavor to make the information technology systems of the Department
of Homeland Security, including communications systems, effective, efficient,
secure, and appropriately interoperable;
(2) in furtherance of paragraph (1), oversee and ensure the development
and implementation of an enterprise architecture for Department-wide information
technology, with timetables for implementation;
(3) as the Secretary considers necessary, oversee and ensure the development
and implementation of updated versions of the enterprise architecture under
paragraph (2); and
(4) report to Congress on the development and implementation of the enterprise
architecture under paragraph (2) in--
(A) each implementation progress report required under the Homeland Security
Act of 2002; and
(B) each biennial report required under the Homeland Security Act of 2002.
(c) RESPONSIBILITIES OF DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET-
(1) IN GENERAL- The Director, in consultation with the Secretary and affected
entities, shall develop--
(A) a comprehensive enterprise architecture for information systems, including
communications systems, to achieve interoperability between and among
information systems of agencies with responsibility for homeland security;
and
(B) a plan to achieve interoperability between and among information systems,
including communications systems, of agencies with responsibility for
homeland security and those of State and local agencies with responsibility
for homeland security.
(2) TIMETABLES- The Director, in consultation with the Secretary and affected
entities, shall establish timetables for development and implementation
of the enterprise architecture and plan under paragraph (1).
(3) IMPLEMENTATION- The Director, in consultation with the Secretary and
acting under the responsibilities of the Director under law (including the
Clinger-Cohen Act of 1996), shall--
(A) ensure the implementation of the enterprise architecture developed
under paragraph (1)(A); and
(B) coordinate, oversee, and evaluate the management and acquisition of
information technology by agencies with responsibility for homeland security
to ensure interoperability consistent with the enterprise architecture
developed under subsection (1)(A).
(4) UPDATED VERSIONS- The Director, in consultation with the Secretary,
shall oversee and ensure the development of updated versions of the enterprise
architecture and plan developed under paragraph (1), as necessary.
(5) REPORT- The Director, in consultation with the Secretary, shall annually
report to Congress on the development and implementation of the enterprise
architecture and plan under paragraph (1).
(6) CONSULTATION- The Director shall consult with information systems management
experts in the public and private sectors, in the development and implementation
of the enterprise architecture and plan under paragraph (1).
(7) PRINCIPAL OFFICER- The Director shall designate, with the approval of
the President, a principal officer in the Office of Management and Budget,
whose primary responsibility shall be to carry out the duties of the Director
under this subsection.
(d) AGENCY COOPERATION- The head of each agency with responsibility for homeland
security shall fully cooperate with the Director in the development of a comprehensive
enterprise architecture for information systems and in the management and
acquisition of information technology consistent with the comprehensive enterprise
architecture developed under subsection (c).
(e) CONTENT- The enterprise architecture developed under subsection (c), and
the information systems
managed and acquired under the enterprise architecture, shall possess the
characteristics of--
(2) a highly secure environment, providing data access only to authorized
users; and
(3) the capability for continuous system upgrades to benefit from advances
in technology while preserving the integrity of stored data.
TITLE IX--WEAPONS OF MASS DESTRUCTION
SEC. 9001. SECURITY OF CERTAIN RADIOLOGICAL AND NUCLEAR MATERIALS.
(a) SENSE OF CONGRESS- It is the sense of Congress that--
(1) a potential threat is posed by radiological and nuclear materials and
waste, other than highly enriched uranium and weapons grade plutonium, in
use or storage around the world; and
(2) the President should, in consultation with the Group of 8 nations--
(A) develop a program to study and identify the threats posed by such
materials and waste; and
(B) carry out a program to undertake such actions as are appropriate to
minimize such threats.
(b) PROGRAM REQUIRED- (1) The Secretary of State shall, in consultation with
the Secretary of Energy and the Nuclear Regulatory Commission, carry out a
program to secure and consolidate, or eliminate, as appropriate, radiological
and nuclear materials and waste referred to in subsection (a) that are located
outside the United States and are determined to present a potential threat.
(2) The program shall include elements as follows:
(A) An identification of the categories of radiological and nuclear materials
and waste covered by the program, including an order of priority for securing
each category of such materials and waste.
(B) An estimate of the number of sites at which such materials and waste
are present.
(C) An assessment of the effort required to secure and consolidate, or eliminate,
as appropriate, such materials and waste at each such site.
(D) An assessment of the nature of the threat presented by such materials
and waste.
(c) REPORT- Not later than one year after the date of enactment of this Act,
the Secretary of State shall submit to Congress a report on the status of
the program required by subsection (b). The report shall set forth--
(1) a description of the funds required to assist countries in carrying
out the program; and
(2) a description of the participation of the Group of 8 countries in the
development or implementation of the program, including any commitment of
any such country to provide financial assistance to carry out the program.
(d) AUTHORIZATION OF APPROPRIATIONS- (1) There is authorized to be appropriated
for the Department of State, $50,000,000 to carry out the program required
by subsection (b), of which--
(A) $10,000,000 shall be available to develop the program; and
(B) $40,000,000 shall be available to implement and carry out the program.
(2) There is authorized to be appropriated for the Department of Energy $10,000,000
to provide technical assistance to the Secretary of State in developing and
carrying out the program required by subsection (b).
(3) There is authorized to be appropriated for the Nuclear Regulatory Commission
$10,000,000 to provide technical assistance to the Secretary of State in developing
and carrying out the program required by subsection (b).
(4) Subject to paragraph (5), the amounts authorized to be appropriated by
paragraphs (1), (2), and (3) shall remain available until expended.
(5) Not more than 50 percent of the amount authorized to be appropriated by
paragraph (1)(B) that remains available as of the commencement of the second
year of the program required by subsection (b) may be available for the program
in that year until the Secretary of State secures a commitment from the international
community to provide at least 50 percent of the costs of the program in that
year.
SEC. 9002. ASSISTANCE FOR INTERNATIONAL ATOMIC ENERGY AGENCY REGARDING SAFEGUARD
AND INSPECTION OF NUCLEAR FACILITIES ABROAD.
(a) DEPARTMENT OF STATE- There is authorized to be appropriated for the Department
of State, $40,000,000 to provide assistance to the International Atomic Energy
Agency for improving safeguard activities at nuclear facilities abroad, including
increased inspection and monitoring of such facilities to ensure compliance
with the Nuclear Nonproliferation Treaty and any relevant resolutions of the
United Nations.
(b) DEPARTMENT OF ENERGY- There is authorized to be appropriated for the Department
of Energy for the National Nuclear Security Administration, $35,000,000 to
provide technical and other assistance to the International Atomic Energy
Agency to support increased safeguard and inspection activities at nuclear
facilities abroad.
(c) AVAILABILITY- The amounts authorized to be appropriated by subsections
(a) and (b) shall remain available until expended.
(d) REPORT- Not later than 10 days after the date of obligation of any funds
authorized to be appropriated by subsection (a) or (b), the Secretary of State
or the Administrator for Nuclear Security, as the case may be, shall submit
to Congress a report on the obligation.
(e) NUCLEAR NONPROLIFERATION TREATY DEFINED- In this section, the term `Nuclear
Nonproliferation Treaty' means the Treaty on the Nonproliferation of Nuclear
Weapons, as opened for signature July 1, 1968.
SEC. 9003. ASSISTANCE FOR INTERNATIONAL ATOMIC ENERGY AGENCY TO COUNTER
NUCLEAR TERRORISM.
(a) FINDINGS- Congress makes the following findings:
(1) The International Atomic Energy Agency (IAEA) is in a unique position
to address and encourage increased security at nuclear facilities abroad.
(2) The IAEA has adopted a standard, known as The Physical Protection of
Nuclear Material and Facilities (INFCIRC/225/Rev.4), relating to the security
of highly enriched uranium (HEU) and plutonium (Pu).
(b) IMPLEMENTATION OF STANDARD- (1) The Secretary of State shall, in conjunction
with the Secretary of Defense, the Secretary of Energy, and the Nuclear Regulatory
Commission, work with the International Atomic Energy Agency and the Group
of 8 countries to carry out a program to implement the standard of the International
Atomic Energy Agency known as The Physical Protection of Nuclear Material
and Facilities (INFCIRC/225/Rev.4), relating to the security of highly enriched
uranium and plutonium, or an equivalent standard.
(2) Activities under the program under paragraph (1) may include specific,
targeted incentives intended to encourage countries that cannot undertake
the expense of conforming to the standard referred to in that paragraph to
relinquish their highly enriched uranium or plutonium, including incentives
in which a country, group of countries, or international body--
(A) purchase such materials and provide for their security (including by
removal to another location);
(B) undertake the costs of decommissioning facilities that house such materials;
(C) in the case of research reactors, convert such reactors to low-enriched
uranium reactors; or
(D) upgrade the security of facilities that house such materials in order
to meet stringent security standards that are established for purposes of
the program based upon agreed best practices.
(c) AUTHORIZATION OF APPROPRIATIONS- (1) There is authorized to be appropriated
for the Department of State, $60,000,000 to provide assistance to the International
Atomic Energy Agency to carry out the program under subsection (b), including
the provision of incentives referred to in paragraph (2) of that subsection
under the program.
(2) Subject to paragraph (3), the amount authorized to be appropriated by
paragraph (1) shall remain available until expended.
(3) Not more than $30,000,000 of the amount authorized to be appropriated
by paragraph (1) may be used by the International Atomic Energy Agency to
provide incentives under the program under subsection (b) until the Agency
obtains a commitment from the international community to provide at least
$30,000,000 for purposes of such incentives or to otherwise implement the
standard referred to in subsection (b)(1), or an equivalent standard.
SEC. 9004. ACCELERATION AND EXPANSION OF MATERIALS PROTECTION, CONTROL,
AND ACCOUNTING PROGRAM.
(a) IN GENERAL- The Administrator for Nuclear Security shall use amounts authorized
to be appropriated by subsection (b) to accelerate and expand the International
Materials Protection, Control, and Accounting program of the National Nuclear
Security Administration for the purpose of achieving one or more of the following:
(1) Acceleration of such ongoing projects under the program as the Administrator
considers appropriate.
(2) Response to unforseen or emergency circumstances under the program.
(3) Implementation of initiatives program-wide to ensure that the security
upgrades and technologies provided under the program are maintained and
sustained on a long-term basis by the countries receiving such upgrades
and technologies, including training and manufacturing initiatives.
(4) Facilitation of cooperative development of new technologies or methodologies
to improve permanent or interim security at sites covered by the program.
(b) AUTHORIZATION OF APPROPRIATIONS- (1) There is authorized to be appropriated
for the Department of Energy for the National Nuclear Security Administration,
$20,000,000 to carry out this section.
(2) The amount authorized to be appropriated by paragraph (1) shall remain
available until expended.
SEC. 9005. BORDER SECURITY AND EXPORT CONTROL.
(a) PROGRAM REQUIRED- The President shall carry out a program to improve border
security and strengthen export controls in Russia, the states of the former
Soviet Union, and Eastern Europe, and in any other country or region that
the President considers appropriate, in order to decrease the potential for
the spread of weapons of mass destruction and related materials and equipment.
(b) COMMENCEMENT DEADLINE- The program required by subsection (a) shall commence
not later than 60 days after the date of the enactment of this Act.
(c) PARTICIPATION OF FEDERAL AGENCIES- The President shall ensure the participation
in the program required by subsection (a) of appropriate personnel of the
Department of State, the Department of Defense, the Department of Energy,
the Bureau of Customs, and such other Federal agencies having an expertise
in border security or export controls as the President considers appropriate.
(d) COORDINATION- (1) The Secretary of State shall have primary responsibility
for coordinating the implementation of the program required by subsection
(a).
(2) The Secretary shall carry out the responsibility under paragraph (1) through
a coordinating council established by the Secretary from among senior officials
of the Federal agencies referred to in subsection (c).
(3) The coordinating council shall be chaired by an official designated by
the Secretary from among the officials comprising the coordinating council.
(e) PROGRAM PLAN- (1) The program required by subsection (a) shall be carried
out in accordance with a program plan developed by the Secretary of State,
in consultation with the National Security Council and the coordinating council
established under subsection (d)(2).
(2) The program plan under paragraph (1) shall--
(A) specify the responsibilities under the program of each Federal agency
participating in the program; and
(B) identify the budgetary requirements of each such agency for such participation.
(3) The program plan shall, to the maximum extent practicable, avoid duplication
in activities and responsibilities under the program among the Federal agencies
participating in the program.
(f) BUDGETING- The Secretary of State shall submit to Congress each year,
together with the budget of the President for the fiscal year beginning in
such year under section 1105 of title 31, United States Code, a separate statement
of the amounts required during such fiscal year by each Federal agency participating
in the program required by subsection (a) for its participation in the program
during such fiscal year.
(g) AUTHORIZATION OF APPROPRIATIONS- (1) There is authorized to be appropriated
for the Department of State, $50,000,000 to carry out the program required
by subsection (a).
(2) Except as provided in paragraph (3), the amount authorized to be appropriated
by paragraph (1) shall remain available until expended.
(3) The Secretary may transfer funds authorized to be appropriated by paragraph
(1) to the head of any Federal agency participating in the program in order
to defray the costs of such Federal agency in participating in the program.
Amounts transferred under this paragraph shall be merged with amounts authorized
to be appropriated to the recipient agency for the costs concerned, and shall
be available for the same purposes, and for the same period, as amounts with
which merged.
SEC. 9006. REUSE OF RUSSIAN NUCLEAR FACILITIES.
(a) IN GENERAL- The Secretary of Energy shall work with the Minister of Atomic
Energy of Russia to carry out a program to shut-down or convert to non-defense
work one or more nuclear weapons assembly and disassembly facilities in Russia.
(b) DESIGNATION OF FACILITIES- The Secretary of Energy and Minister of Atomic
Energy of Russia shall jointly designate each facility to be covered by the
program under subsection (a).
(c) ADVICE AND RECOMMENDATIONS- (1) Not later than two months after the designation
of a facility under subsection (b), the Secretary of Energy shall establish
a commission to provide advice and recommendations on the shut-down or conversion
of the facility to non-defense work.
(2) Each commission under paragraph (1) shall consist of such personnel, including
Russian nationals, as the Secretary considers appropriate for its work. The
names of each member of each commission shall be made public upon designation
under this paragraph.
(3)(A) Each member of a commission under paragraph (1) who is not an officer
or employee of the Federal Government shall be compensated at a rate equal
to the daily equivalent of the annual rate of basic pay prescribed for level
IV of the Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such member is engaged
in the performance of the duties of such commission. All members of a commission
who are officers or employees of the United States shall serve without compensation
in addition to that received for their services as officers or employees of
the United States.
(B) The members of a commission shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States Code, while away
from their homes or regular places of business in the performance of services
for such commission.
(4) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
any activities of a commission under paragraph (1).
(5) The meetings of any commission under paragraph (1) shall, to the maximum
extent practicable, be open to the public.
(d) PROPOSED FACILITY REUSE PLAN- (1) Not later than six months after the
designation of a facility under subsection (b), the commission for the facility
under subsection (c) shall submit to the Secretary of Energy and the Minister
of Atomic Energy of Russia a proposed plan on the shut-down or conversion
of the facility to non-defense work.
(2) A proposed plan under paragraph (1) may include one or more of the elements
specified in subsection (f).
(3) Any proposed plan submitted under paragraph (1) shall be made public upon
its submittal.
(e) FINAL FACILITY REUSE PLAN- (1) Not later than nine months after receiving
a proposed plan for a facility under subsection (d), the Secretary of Energy
and the Minister of Atomic Energy of Russia shall jointly develop a final
plan on the shut-down or conversion of the facility to non-defense work.
(2) A final plan for a facility under paragraph (1) shall include the following:
(A) Any of the elements specified in subsection (f).
(B) Assurances of access to the facility necessary to carry out the final
plan.
(C) Resolution of any matters relating to liability and taxation.
(D) An estimate of the costs of the United States, and of Russia, under
the final plan.
(E) The commitment of Russia to pay at least 15 percent of the costs of
the final plan.
(F) Milestones for the final plan, including a deadline for the shut-down
or conversion of the facility to non-defense work.
(G) Appropriate auditing and accounting mechanisms.
(f) PLAN ELEMENTS- The plan for a facility under subsection (d) or (e) may
include one or more of the following elements:
(1) A retraining program for facility employees.
(2) Economic incentives to attract and facilitate commercial ventures in
connection with the facility.
(3) A site preparation plan.
(4) Technical exchange and training programs.
(5) The participation of a redevelopment manager and of business, legal,
financial, or other appropriate experts.
(6) Promotional or marketing plans.
(7) Provision for startup funds, loans, or grants, or other venture capital
or financing.
(g) LIMITATION ON AVAILABILITY OF FUNDS- No amount authorized to be appropriated
by subsection (h) may be available for a facility under the program under
subsection (a) unless the deadlines for the preparation of the proposed facility
reuse plan for the facility under subsection (d) and for the preparation of
the final facility reuse plan for the facility under subsection (e) are both
met.
(h) AUTHORIZATION OF APPROPRIATIONS- (1) There is authorized to be appropriated
to the Department of Energy, $60,000,000 to carry out this section, of which
not more than $4,000,000 may be available to any particular commission under
subsection (c).
(2) The amount authorized to be appropriated by paragraph (1) shall remain
available until expended.
SEC. 9007. RESEARCH AND DEVELOPMENT INVOLVING ALTERNATIVE USE OF WEAPONS
OF MASS DESTRUCTION EXPERTISE.
(a) AUTHORITY TO USE FUNDS- Notwithstanding any other provision of law and
subject to subsection (c), any funds available to a department or agency of
the Federal Government may be used to conduct non-defense research and development
in Russia and the states of the former Soviet Union on technologies specified
in subsection (b) utilizing scientists in Russia and the states of the former
Soviet Union who have an expertise in--
(2) chemical or biological weapons, but only if such scientists no longer
engage, or have never engaged, in activities relating to such weapons.
(b) TECHNOLOGIES- The technologies specified in this subsection are technologies
on the following:
(1) Environmental restoration and monitoring.
(2) Proliferation detection.
(3) Health and medicine, including research.
(c) LIMITATION- Funds may not be used under subsection (a) for research and
development if the Secretary of State, in consultation with the Secretary
of Defense and the Secretary of Energy, determines that such research and
development will--
(1) pose a threat to the security interests of the United States; or
(2) further materially any defense technology.
(d) AUTHORIZATION OF APPROPRIATIONS- (1) There is authorized to be appropriated
to the Department of State, $20,000,000 for the following purposes:
(A) To make determinations under subsection (c).
(B) To defray any increase in costs incurred by the Department, or any other
department or agency of the Federal Government, for research and development,
or demonstration, as a result of research and development conducted under
this section.
(2) The amount authorized to be appropriated by paragraph (1) shall remain
available until expended.
(3) Any amount transferred to a department or agency of the Federal Government
pursuant to paragraph (1)(B) shall be merged with amounts available to such
department or agency to cover the costs concerned, and shall be available
for the same purposes, and for the same period, as amounts with which merged.
SEC. 9008. EXPANSION INITIATIVES FOR PROLIFERATION PREVENTION PROGRAM.
(a) USE OF FUNDS FOR EXPANSION AUTHORIZED- The Administrator for Nuclear Security
may use amounts authorized to be appropriated by subsection (b) to carry out
activities under the Initiatives for Proliferation Prevention program at facilities
designated for shut-down or conversion to non-defense work under section 9006(b).
(b) AUTHORIZATION OF APPROPRIATIONS- (1) There is authorized to be appropriated
for the Department of Energy for the National Nuclear Security Administration
for the Initiatives for Proliferation Prevention program, $25,000,000 for
use authorized by subsection (a).
(2) The amount authorized to be appropriated by paragraph (1) shall remain
available until expended.
SEC. 9009. ACCELERATION OF HIGHLY ENRICHED URANIUM DISPOSITION PROGRAM.
(a) USE OF FUNDS FOR ACCELERATION AUTHORIZED- The Secretary of Energy may
use amounts authorized to be appropriated by subsection (b) to accelerate
the program to accelerate the disposition of highly enriched uranium authorized
by section 3157 of the National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314).
(b) AUTHORIZATION OF APPROPRIATIONS- (1) There is authorized to be appropriated
for the Department of Energy for the National Nuclear Security Administration
for defense nuclear nonproliferation, $40,000,000 for use authorized by subsection
(a).
(2) The amount authorized to be appropriated by paragraph (1) shall remain
available until expended.
SEC. 9010. ACCELERATION OF DESTRUCTION OF CHEMICAL WEAPONS FACILITIES AND
INFRASTRUCTURE.
(a) USE OF FUNDS FOR ACCELERATION OF DESTRUCTION- Notwithstanding any limitation
under section 1302 of the National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314), the Secretary of Defense shall use amounts authorized
to be appropriated by subsection (b) to accelerate the program to secure and
destroy former chemical weapons facilities and infrastructure in the states
of the former Soviet Union.
(b) AUTHORIZATION OF APPROPRIATIONS- (1) There is authorized to be appropriated
for the Department of Defense for operation and maintenance for Cooperative
Threat Reduction programs, $15,000,000 to carry out subsection (a).
(2) The amount authorized to be appropriated by paragraph (1) is in addition
to any other amounts authorized to be appropriated for fiscal year 2003 for
the Department of Defense for operation and maintenance for Cooperative Threat
Reduction programs.
SEC. 9011. ACCELERATION OF BIOLOGICAL MATERIALS PROTECTION, CONTROL, AND
ACCOUNTING PROGRAM.
(a) USE OF FUNDS FOR ACCELERATION OF PROGRAM- Notwithstanding any limitation
under section 1302 of the National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314), the Secretary of Defense shall use amounts authorized
to be appropriated by subsection (c) to accelerate the program to account
for, secure, consolidate, and destroy biological materials in Russia and the
states of the former Soviet Union.
(b) AGREEMENTS AUTHORIZED- In carrying out activities pursuant to subsection
(a), the Secretary may enter into cooperative agreements on non-defense research
with scientists and institutes formerly engaged in biological weapons activities.
(c) AUTHORIZATION OF APPROPRIATIONS- (1) There is authorized to be appropriated
for the Department of Defense for operation and maintenance for Cooperative
Threat Reduction programs, $25,000,000 to carry out subsection (a).
(2) The amount authorized to be appropriated by paragraph (1) is in addition
to any other amounts authorized to be appropriated for fiscal year 2003 for
the Department of Defense for operation and maintenance for Cooperative Threat
Reduction programs.
SEC. 9012. RUSSIAN TACTICAL NUCLEAR WEAPONS.
(a) REPORT REQUIRED- Not later than six months after the date of the enactment
of this Act, the President shall submit to Congress a report setting forth
the following:
(1) A description of the number, location, condition, and security of Russian
tactical nuclear weapons.
(2) An assessment of the threat posed by the theft of Russian tactical nuclear
weapons.
(3) A plan for developing with Russia a cooperative program to secure, consolidate,
and dismantle, as appropriate, Russian tactical nuclear weapons.
(b) PROGRAM- The Secretary of Defense and the Secretary of Energy shall jointly
work with Russia to establish a cooperative program, based on the report under
subsection (a), to secure, consolidate, and dismantle, as appropriate, Russian
tactical nuclear weapons in order to achieve reductions in the total number
of Russian tactical nuclear weapons.
(c) AUTHORIZATION OF APPROPRIATIONS- (1) There is authorized to be appropriated
for the Department of Defense, $25,000,000 to carry out this section.
(2) There is authorized to be appropriated for the Department of Energy, $25,000,000
to carry out this section.
SEC. 9013. AUTHORIZATION OF USE OF COOPERATIVE THREAT REDUCTION FUNDS FOR
PROJECTS AND ACTIVITIES OUTSIDE THE FORMER SOVIET UNION.
(a) COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS- For purposes of this
section:
(1) Cooperative Threat Reduction programs are--
(A) the programs specified in section 1501(b) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2731; 50 U.S.C. 2362 note); and
(B) any other similar programs, as designated by the Secretary of Defense,
to address critical emerging proliferation threats in the states of the
former Soviet Union that jeopardize United States national security.
(2) Cooperative Threat Reduction funds, for a fiscal year, are the funds
authorized to be appropriated for Cooperative Threat Reduction programs
for that fiscal year.
(b) AUTHORIZATION OF USE OF CTR FUNDS FOR THREAT REDUCTION ACTIVITIES OUTSIDE
THE FORMER SOVIET UNION- (1) Notwithstanding any other provision of law and
subject to the succeeding provisions of this section, the Secretary of Defense
may obligate and expend Cooperative Threat Reduction funds for fiscal year
2003, or Cooperative Threat Reduction funds for a fiscal year before fiscal
year 2003 that remain available for obligation as of the date of the enactment
of this Act, for proliferation threat reduction projects and activities outside
the states of the former Soviet Union if the Secretary determines that such
projects and activities will--
(A) assist the United States in the resolution of critical emerging proliferation
threats; or
(B) permit the United States to take advantage of opportunities to achieve
long-standing United States nonproliferation goals.
(2) The amount that may be obligated under paragraph (1) in any fiscal year
for projects and activities described in that paragraph may not exceed $50,000,000.
(c) AUTHORIZED USES OF FUNDS- The authority under subsection (b) to obligate
and expend Cooperative Threat Reduction funds for a project or activity includes
authority to provide equipment, goods, and services for the project or activity,
but does not include authority to provide cash directly to the project or
activity.
(d) SOURCE AND REPLACEMENT OF FUNDS USED- (1) The Secretary shall, to the
maximum extent practicable, ensure that funds for projects and activities
under subsection (b) are derived from funds that would otherwise be obligated
for a range of Cooperative Threat Reduction programs, so that no particular
Cooperative Threat Reduction program is the exclusive or predominant source
of funds for such projects and activities.
(2) If the Secretary obligates Cooperative Threat Reduction funds under subsection
(b) in a fiscal year, the first budget of the President that is submitted
under section 1105(a) of title 31, United States Code, after such fiscal year
shall set forth, in addition to any other amounts requested for Cooperative
Threat Reduction programs in the fiscal year covered by such budget, a request
for Cooperative Threat Reduction funds in the fiscal year covered by such
budget in an amount equal to the amount so obligated. The request shall also
set forth the Cooperative Threat Reduction program or programs for which such
funds would otherwise have been obligated, but for obligation under subsection
(b).
(3) Amounts authorized to be appropriated pursuant to a request under paragraph
(2) shall be available for the Cooperative Threat Reduction program or programs
set forth in the request under the second sentence of that paragraph.
(e) LIMITATION ON OBLIGATION OF FUNDS- Except as provided in subsection (f),
the Secretary may not obligate and expend Cooperative Threat Reduction funds
for a project or activity under subsection (b) until 30 days after the date
on which the Secretary submits to the congressional defense committees a report
on the purpose for which the funds will be obligated and expended, and the
amount of the funds to be obligated and expended.
(f) EXCEPTION- (1) The Secretary may obligate and expend Cooperative Threat
Reduction funds for a project or activity under subsection (b) without regard
to subsection (e) if the Secretary determines that a critical emerging proliferation
threat warrants immediate obligation and expenditure of such funds.
(2) Not later than 72 hours after first obligating funds for a project or
activity under paragraph (1), the Secretary shall submit to the congressional
defense committees a report containing a detailed justification for the obligation
of funds. The report on a project or activity shall include the following:
(A) A description of the critical emerging proliferation threat to be addressed,
or the long-standing United States nonproliferation goal to be achieved,
by the project or activity.
(B) A description of the agreement, if any, under which the funds will be
used, including whether or not the agreement provides that the funds will
not be used for purposes contrary to the national security interests of
the United States.
(C) A description of the contracting process, if any, that will be used
in the implementation of the project or activity.
(D) An analysis of the effect of the obligation of funds for the project
or activity on ongoing Cooperative Threat Reduction programs.
(E) An analysis of the need for additional or follow-up threat reduction
assistance, including whether or not the need for such assistance justifies
the establishment of a new cooperative threat reduction program or programs
to account for such assistance.
(F) A description of the mechanisms to be used by the Secretary to assure
that proper audits and examinations of the project or activity are carried
out.
(g) REPORT ON ESTABLISHMENT OF NEW COOPERATIVE THREAT REDUCTION PROGRAMS-
(1) If the Secretary employs the authority in subsection (b) in any two fiscal
years, the Secretary shall submit to Congress a report on the advisability
of establishing one or more new cooperative threat reduction programs to account
for projects and activities funded using such authority.
(2) The report required by paragraph (1) shall be submitted along with the
budget justification materials in support of the Department of Defense budget
(as submitted with the budget of the President under section 1105(a) of title
31, United States Code) in the first budget submitted after the end of the
two consecutive fiscal years referred to in that paragraph.
SEC. 9014. REPEAL OF CERTAIN LIMITATIONS ON USES OF FUNDS.
The following provisions are repealed:
(1) Section 1203(d) of the Cooperative Threat Reduction Act of 1993 (title
XII of Public Law 103-160; 107 Stat. 1778; 22 U.S.C. 5952).
(2) Section 502 of the FREEDOM Support Act (Public Law 102-522; 106 Stat.
3338; 22 U.S.C. 5852).
(3) Section 1305(1) of the National Defense Authorization Act for Fiscal
Year 2000 (22 U.S.C. 5952 note).
TITLE X--INTELLIGENCE
Subtitle A--Intelligence Community Leadership
SEC. 10001. SHORT TITLE.
This subtitle may be cited as the `Intelligence Community Leadership Act of
2003'.
SEC. 10002. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE
COMMUNITY.
(a) IN GENERAL- Title I of the National Security Act of 1947 (50 U.S.C. 402
et seq.) is amended by striking sections 102 through 104 and inserting the
following new sections:
`OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
`SEC. 102. (a) OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE- (1) There is an
Office of the Director of National Intelligence. The function of the Office
is to assist the Director of National Intelligence in carrying out the duties
and responsibilities of the Director under this Act and to carry out such
other duties as may be prescribed by law.
`(2) The Office of the Director of National Intelligence is composed of the
following:
`(A) The Director of National Intelligence.
`(B) The Deputy Director of National Intelligence.
`(C) The Deputy Director of National Intelligence for Community Management.
`(D) The National Intelligence Council.
`(E) The Assistant Director of National Intelligence for Collection.
`(F) The Assistant Director of National Intelligence for Analysis and Production.
`(G) The Assistant Director of National Intelligence for Administration.
`(H) The General Counsel to the Director of National Intelligence.
`(I) The Inspector General of the Intelligence Community.
`(J) The Office of the National Counterintelligence Executive.
`(K) Such other offices and officials as may be established by law or the
Director of National Intelligence may establish or designate in the Office.
`(3) To assist the Director in fulfilling the responsibilities of the Director
as head of the intelligence community, the Director shall employ and utilize
in the Office of the Director of National Intelligence a professional staff
having an expertise in matters relating to such responsibilities, and may
establish permanent positions and appropriate rates of pay with respect to
that staff.
`(b) DIRECTOR OF NATIONAL INTELLIGENCE- (1) There is a Director of National
Intelligence who shall be appointed by the President, by and with the advice
and consent of the Senate.
`(2) Any individual nominated for appointment as Director of National Intelligence
shall have extensive national security expertise.
`(3) The Director of National Intelligence shall--
`(A) serve as head of the United States intelligence community; and
`(B) act as the principal adviser to the President for intelligence matters
related to the national security.
`(c) DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE- (1) There is a Deputy Director
of National Intelligence who shall be appointed by the President, by and with
the advice and consent of the Senate.
`(2) Any individual nominated for appointment as Deputy Director of National
Intelligence shall have extensive national security expertise.
`(3) The Deputy Director of National Intelligence shall assist the Director
of National Intelligence in carrying out the Director's responsibilities under
this Act.
`(4) The Deputy Director of National Intelligence shall act for, and exercise
the powers of, the Director of National Intelligence during the Director's
absence or disability or during a vacancy in the position of the Director
of National Intelligence.
`(5) The Deputy Director of National Intelligence takes precedence in the
Office of the Director of National Intelligence immediately after the Director
of National Intelligence.
`(d) DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE FOR COMMUNITY MANAGEMENT- (1)
There is a Deputy Director of National Intelligence for Community
Management who shall be appointed by the President, by and with the advice
and consent of the Senate.
`(2) Any individual nominated for appointment as Deputy Director of National
Intelligence for Community Management shall have extensive national security
expertise.
`(3) The Deputy Director of National Intelligence for Community Management
shall, subject to the direction of the Director of National Intelligence,
be responsible for the following:
`(A) Directing the operations of the Community Management Staff.
`(B) Through the Assistant Director of National Intelligence for Collection,
ensuring the efficient and effective collection of national intelligence
using technical means and human sources.
`(C) Through the Assistant Director of National Intelligence for Analysis
and Production, conducting oversight of the analysis and production of intelligence
by elements of the intelligence community.
`(D) Through the Assistant Director of National Intelligence for Administration,
performing community-wide management functions of the intelligence community,
including the management of personnel and resources.
`(4) The Deputy Director of National Intelligence for Community Management
takes precedence in the Office of the Director of National Intelligence immediately
after the Deputy Director of National Intelligence.
`(e) MILITARY STATUS OF DIRECTOR AND DEPUTY DIRECTORS- (1) Not more than one
of the individuals serving in the positions specified in paragraph (2) may
be a commissioned officer of the Armed Forces, whether in active or retired
status.
`(2) The positions referred to in this paragraph are the following:
`(A) The Director of National Intelligence.
`(B) The Deputy Director of National Intelligence.
`(C) The Deputy Director of National Intelligence for Community Management.
`(3) It is the sense of Congress that, under ordinary circumstances, it is
desirable that one of the individuals serving in the positions specified in
paragraph (2)--
`(A) be a commissioned officer of the Armed Forces, whether in active or
retired status; or
`(B) have, by training or experience, an appreciation of military intelligence
activities and requirements.
`(4) A commissioned officer of the Armed Forces, while serving in a position
specified in paragraph (2)--
`(A) shall not be subject to supervision or control by the Secretary of
Defense or by any officer or employee of the Department of Defense;
`(B) shall not exercise, by reason of the officer's status as a commissioned
officer, any supervision or control with respect to any of the military
or civilian personnel of the Department of Defense except as otherwise authorized
by law; and
`(C) shall not be counted against the numbers and percentages of commissioned
officers of the rank and grade of such officer authorized for the military
department of that officer.
`(5) Except as provided in subparagraph (A) or (B) of paragraph (4), the appointment
of an officer of the Armed Forces to a position specified in paragraph (2)
shall not affect the status, position, rank, or grade of such officer in the
Armed Forces, or any emolument, perquisite, right, privilege, or benefit incident
to or arising out of such status, position, rank, or grade.
`(6) A commissioned officer of the Armed Forces on active duty who is appointed
to a position specified in paragraph (2), while serving in such position and
while remaining on active duty, shall continue to receive military pay and
allowances and shall not receive the pay prescribed for such position. Funds
from which such pay and allowances are paid shall be reimbursed from funds
available to the Director of National Intelligence.
`(f) NATIONAL INTELLIGENCE COUNCIL- (1) There is a National Intelligence Council.
`(2)(A) The Council shall be composed of senior analysts within the intelligence
community and substantive experts from the public and private sector, who
shall be appointed by, report to, and serve at the pleasure of the Director
of National Intelligence.
`(B) The Director shall prescribe appropriate security requirements for personnel
appointed from the private sector as a condition of service on the Council,
or as contractors of the Council or employees of such contractors, to ensure
the protection of intelligence sources and methods while avoiding, wherever
possible, unduly intrusive requirements which the Director considers to be
unnecessary for this purpose.
`(A) produce national intelligence estimates for the Government, including,
whenever the Council considers appropriate, alternative views held by elements
of the intelligence community;
`(B) evaluate community-wide collection and production of intelligence by
the intelligence community and the requirements and resources of such collection
and production; and
`(C) otherwise assist the Director in carrying out the responsibilities
described in section 103(a).
`(4) Within their respective areas of expertise and under the direction of
the Director, the members of the Council shall constitute the senior intelligence
advisers of the intelligence community for purposes of representing the views
of the intelligence community within the Government.
`(5) Subject to the direction and control of the Director, the Council may
carry out its responsibilities under this subsection by contract, including
contracts for substantive experts necessary to assist the Council with particular
assessments under this subsection.
`(6) The Director shall make available to the Council such staff as may be
necessary to permit the Council to carry out its responsibilities under this
subsection, and shall take appropriate measures to ensure that the Council
and its staff satisfy the needs of policymaking officials and other consumers
of intelligence.
`(7) The Council shall be readily accessible to policymaking officials and
other appropriate individuals not otherwise associated with the intelligence
community.
`(8) The heads of elements within the intelligence community shall, as appropriate,
furnish such support to the Council, including the preparation of intelligence
analyses, as may be required by the Director.
`(g) ASSISTANT DIRECTOR OF NATIONAL INTELLIGENCE FOR COLLECTION- (1) There
is an Assistant Director of National Intelligence for Collection who shall
be appointed by the President, by and with the advice and consent of the Senate.
`(2) The Assistant Director for Collection shall assist the Director of National
Intelligence in carrying out the Director's collection responsibilities in
order to ensure the efficient and effective collection of national intelligence.
`(h) ASSISTANT DIRECTOR OF NATIONAL INTELLIGENCE FOR ANALYSIS AND PRODUCTION-
(1) There is an Assistant Director of National Intelligence for Analysis and
Production who shall be appointed by the President, by and with the advice
and consent of the Senate.
`(2) The Assistant Director for Analysis and Production shall--
`(A) oversee the analysis and production of intelligence by the elements
of the intelligence community;
`(B) establish standards and priorities relating to the analysis and production
of intelligence by such elements;
`(C) monitor the allocation of resources for the analysis and production
of intelligence in order to identify unnecessary duplication in the analysis
and production of intelligence;
`(D) direct competitive analysis of analytical products having National
importance;
`(E) identify intelligence to be collected for purposes of the Assistant
Director of National Intelligence for Collection; and
`(F) provide such additional analysis and production of intelligence as
the President and the National Security Council may require.
`(i) ASSISTANT DIRECTOR OF NATIONAL INTELLIGENCE FOR ADMINISTRATION- (1) There
is an Assistant Director of National Intelligence for Administration who shall
be appointed by the President, by and with the advice and consent of the Senate.
`(2) The Assistant Director for Administration shall manage such activities
relating to the administration of the intelligence community as the Director
of National Intelligence shall require.
`(j) GENERAL COUNSEL TO DIRECTOR OF NATIONAL INTELLIGENCE- (1) There is a
General Counsel to the Director of National Intelligence who shall be appointed
from civilian life by the President, by and with the advice and consent of
the Senate.
`(2) The individual serving in the position of General Counsel to the Director
of National Intelligence may not, while so serving, also serve as the General
Counsel of the Central Intelligence Agency.
`(3) The General Counsel to the Director of National Intelligence is the chief
legal officer for the Director of National Intelligence.
`(4) The General Counsel to the Director of National Intelligence shall perform
such functions as the Director of National Intelligence may prescribe.
`(k) INSPECTOR GENERAL OF INTELLIGENCE COMMUNITY- (1) There shall be an Inspector
General of the Intelligence Community who is appointed as provided in section
3 of the Inspector General Act of 1978 (5 U.S.C. App. 3).
`(2) The Inspector General of the Intelligence Community shall report to and
be under the general supervision of the Director of National Intelligence.
`(3) The Inspector General of the Intelligence Community shall, with respect
to the intelligence community as a whole and each element of the intelligence
community, perform such duties, have such responsibilities, and exercise such
powers specified in the Inspector General Act of 1978 as the Director of National
Intelligence shall prescribe.
`(4) Each inspector general of an element of the intelligence community shall
cooperate fully with the Inspector General of the Intelligence Community in
the performance of any duty or function by the Inspector General of the Intelligence
Community under this subsection regarding such element.
`(5) The performance by the Inspector General of the Intelligence Community
of any duty or function regarding an element of the intelligence community
may not be construed to modify or affect the responsibility of any other inspector
general having responsibilities regarding the element of the intelligence
community.
`RESPONSIBILITIES OF DIRECTOR OF NATIONAL INTELLIGENCE
SEC. 103. (a) PROVISION OF INTELLIGENCE- (1) Under the direction of the National
Security Council, the Director of National Intelligence shall be responsible
for providing national intelligence--
`(B) to the heads of departments and agencies of the executive branch;
`(C) to the Chairman of the Joint Chiefs of Staff and senior military commanders;
and
`(D) where appropriate, to the Senate and House of Representatives and the
committees thereof.
`(2) Such national intelligence should be timely, objective, independent of
political considerations, and based upon all sources available to the intelligence
community.
`(b) RESPONSIBILITIES OF DIRECTOR OF NATIONAL INTELLIGENCE- The Director of
National Intelligence shall--
`(1) develop an annual budget for intelligence and intelligence-related
activities of the United States by--
`(A) developing and presenting to the President an annual budget for the
National Foreign Intelligence Program, including review, approval, and
modification of the execution of intelligence community budgets, and personnel
and resource allocation in furtherance of such annual budget;
`(B) participating in the development by the Secretary of Defense of the
annual budgets
for the Joint Military Intelligence Program and the Tactical Intelligence
and Related Activities Program; and
`(C) managing and overseeing the execution and, if necessary, the modification
of the annual budget for the National Foreign Intelligence Program, including
directing the transfer of funds or personnel between elements of the intelligence
community;
`(D) setting, monitoring, and enforcing consistent policy for the intelligence
community;
`(E) reviewing, approving, modifying, and exercising primary management
and oversight of the research and development efforts of the intelligence
community;
`(F) reviewing, approving, and coordinating relationships between elements
of the intelligence community and foreign intelligence, law enforcement,
and security services;
`(G) insuring that the elements of the intelligence community comply fully
with policies, guidance, and authorities applicable to the intelligence
community on management, administration, and law;
`(2) establish the requirements and priorities to govern the collection
of national intelligence by elements of the intelligence community;
`(3) approve, establish, and enforce collection processing, and dissemination
requirements, determine collection priorities, and resolve conflicts in
collection priorities levied on national collection assets, except as otherwise
agreed with the Secretary of Defense pursuant to the direction of the President;
`(4) promote and evaluate the utility of national intelligence to consumers
within the Government;
`(5) eliminate waste and unnecessary duplication within the intelligence
community;
`(6) establish requirements and priorities for foreign intelligence information
to be collected under the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.), and provide assistance to the Attorney General
to ensure that information derived from electronic surveillance or physical
searches under that Act is disseminated so it may be used efficiently and
effectively for foreign intelligence purposes, except that the Director
shall have no authority to direct, manage, or undertake electronic surveillance
or physical search operations pursuant to that Act unless otherwise authorized
by statute or Executive order;
`(7) protect intelligence sources and methods from unauthorized disclosure;
and
`(8) perform such other functions as the President or the National Security
Council may direct.
`AUTHORITIES OF DIRECTOR OF NATIONAL INTELLIGENCE
`SEC. 103A. (a) ACCESS TO INTELLIGENCE- To the extent recommended by the National
Security Council and approved by the President, the Director of National Intelligence
shall have access to all intelligence related to the national security which
is collected by any department, agency, or other entity of the United States.
`(b) APPROVAL OF BUDGETS- The Director of National Intelligence shall supervise
the elements of the intelligence community in the preparation of their annual
budgets, and shall approve such budgets before their incorporation in the
National Foreign Intelligence Program.
`(c) REPROGRAMMING- (1) No funds made available under the National Foreign
Intelligence Program may be reprogrammed by any element of the intelligence
community without the prior approval of the Director of National Intelligence
except in accordance with procedures issued by the Director.
`(2) The Secretary of Defense shall consult with the Director before reprogramming
funds made available under the Joint Military Intelligence Program.
`(d) TRANSFER OF FUNDS OR PERSONNEL WITHIN NATIONAL FOREIGN INTELLIGENCE PROGRAM-
(1)(A) In addition to any other authorities available under law for such purposes,
the Director of National Intelligence may, with the approval of the Director
of the Office of Management and Budget, transfer funds appropriated for a
program within the National Foreign Intelligence Program to another such program
and, in accordance with procedures to be developed by the Director, may transfer
personnel authorized for an element of the intelligence community to another
such element for periods up to a year.
`(B) The Director may only delegate a duty or authority given the Director
under this subsection to the Deputy Director of National Intelligence for
Community Management.
`(2) A transfer of funds or personnel may be made under this subsection only
if--
`(A) the funds or personnel are being transferred to an activity that is
a higher priority intelligence activity;
`(B) the need for funds or personnel for such activity is based on unforeseen
requirements; and
`(C) the transfer does not involve a transfer of funds to the Reserve for
Contingencies of the Central Intelligence Agency.
`(3) Funds transferred under this subsection shall remain available for the
same period as the appropriations account to which transferred.
`(4)(A) Any transfer of funds under this subsection shall be carried out in
accordance with existing procedures applicable to reprogramming notifications
for the appropriate congressional committees.
`(B) Any proposed transfer for which notice is given to the appropriate congressional
committees shall be accompanied by a report explaining the nature of the proposed
transfer and how it satisfies the requirements of this subsection. In addition,
the congressional intelligence committees shall be promptly notified of any
transfer of funds made pursuant to this subsection in any case in which the
transfer would not have otherwise required reprogramming notification under
procedures in effect as of October 24, 1992.
`(5) The Director shall promptly submit to the congressional intelligence
committees and, in the case of the transfer of personnel to or from the Department
of Defense, the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives, a report on any transfer
of personnel made pursuant to this subsection. The Director shall include
in any such report an explanation of the nature of the transfer and how it
satisfies the requirements of this subsection.
`(e) COORDINATION WITH FOREIGN GOVERNMENTS- Under the direction of the National
Security Council and in a manner consistent with section 207 of the Foreign
Service Act of 1980 (22 U.S.C. 3927), the Director of National Intelligence
shall coordinate the relationships between elements of the intelligence community
and the intelligence or security services of foreign governments on all matters
involving intelligence related to the national security or involving intelligence
acquired through clandestine means.
`(f) USE OF PERSONNEL- The Director of National Intelligence shall, in coordination
with the heads of departments and agencies with elements in the intelligence
community, institute policies and programs within the intelligence community--
`(1) to provide for the rotation of personnel between the elements of the
intelligence community, where appropriate, and to make such rotated service
a factor to be considered for promotion to senior positions; and
`(2) to consolidate, wherever possible, personnel, administrative, and security
programs to reduce the overall costs of these activities within the intelligence
community.
`(g) STANDARDS AND QUALIFICATIONS FOR PERFORMANCE OF INTELLIGENCE ACTIVITIES-
The Director of National Intelligence shall, in consultation with the heads
of effected agencies, develop standards and qualifications for persons engaged
in the performance of intelligence activities within the intelligence community.
`CENTRAL INTELLIGENCE AGENCY
`SEC. 104. (a) IN GENERAL- There is a Central Intelligence Agency.
`(b) FUNCTION- The function of the Agency shall be to assist the Director
of the Central Intelligence Agency in carrying out the responsibilities of
the Director under section 104A(d).
`DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
`SEC. 104A. (a) DIRECTOR OF CENTRAL INTELLIGENCE AGENCY- There is a Director
of the Central Intelligence Agency who shall be appointed by the President,
by and with the advice and consent of the Senate.
`(b) HEAD OF CENTRAL INTELLIGENCE AGENCY- The Director of the Central Intelligence
Agency shall be the head of the Central Intelligence Agency.
`(c) PROHIBITION ON SIMULTANEOUS SERVICE AS DIRECTOR OF NATIONAL INTELLIGENCE-
The individual serving in the position of Director of the Central Intelligence
Agency shall not, while so serving, also serve as the Director of National
Intelligence.
`(d) GENERAL RESPONSIBILITIES- As head of the Central Intelligence Agency,
the Director of the Central Intelligence Agency shall--
`(1) collect intelligence through human sources and by other appropriate
means, except that the Agency shall have no police, subpoena, or law enforcement
powers or internal security functions;
`(2) provide overall direction for the collection of national intelligence
through human sources by elements of the intelligence community authorized
to undertake such collection and, in coordination with other agencies of
the Government which are authorized to undertake such collection, ensure
that the most effective use is made of resources and that the risks to the
United States and those involved in such collection are minimized;
`(3) correlate and evaluate intelligence related to the national security
and provide appropriate dissemination of such intelligence;
`(4) perform such additional services as are of common concern to the elements
of the intelligence community, which services the Director of National Intelligence
determines can be more efficiently accomplished centrally; and
`(5) perform such other functions and duties related to intelligence affecting
the national security as the President or the National Security Council
may direct.
`(e) TERMINATION OF EMPLOYMENT OF CIA EMPLOYEES- (1) Notwithstanding any other
provision of law, the Director of the Central Intelligence Agency may, in
the Director's discretion, terminate the employment of any officer or employee
of the Central Intelligence Agency whenever the Director considers such termination
necessary or advisable in the interests of the United States.
`(2) Termination under paragraph (1) shall not affect the right of the officer
or employee terminated to seek or accept employment in any other department
or agency of the Government if declared eligible for such employment by the
Office of Personnel Management.'.
(b) SENSE OF CONGRESS ON CABINET-LEVEL STATUS OF DIRECTOR OF NATIONAL INTELLIGENCE-
It is the sense of Congress that the Director of National Intelligence should
be a cabinet-level officer of the United States Government.
(c) GENERAL REFERENCES- (1) Any reference to the Director of Central Intelligence
in the Director's capacity as the head of the intelligence community in any
law, regulation, document, paper, or other record of the United States shall
be deemed to be a reference to the Director of National Intelligence.
(2) Any reference to the Director of Central Intelligence in the Director's
capacity as the head of the Central Intelligence Agency in any law, regulation,
document, paper, or other record of the United States shall be deemed to be
a reference to the Director of the Central Intelligence Agency.
(3) Any reference to the Deputy Director of Central Intelligence in the Deputy
Director's capacity as deputy to the head of the intelligence community in
any law, regulation, document, paper, or other record of the United States
shall be deemed to be a reference to the Deputy Director of National Intelligence.
(4) Any reference to the Deputy Director of Central Intelligence for Community
Management in any law, regulation, document, paper, or other record of the
United States shall be deemed to be a reference to the Deputy Director of
National Intelligence for Community Management.
(5) Any reference to the Assistant Director of Central Intelligence for Collection
in any law, regulation, document, paper, or other record of the United States
shall be deemed to be a reference to the Assistant Director of National Intelligence
for Collection.
(6) Any reference to the Assistant Director of Central Intelligence for Analysis
and Production in any law, regulation, document, paper, or other record of
the United States shall be deemed to be a reference to the Assistant Director
of National Intelligence for Analysis and Production.
(7) Any reference to the Assistant Director of Central Intelligence for Administration
in any law, regulation, document, paper, or other record of the United States
shall be deemed to be a reference to the Assistant Director of National Intelligence
for Administration.
SEC. 10003. TEN-YEAR TERM OF SERVICE FOR THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) TERM OF SERVICE- The term of service of the Director of National Intelligence
shall be ten years.
(b) APPLICABILITY- (1) Subsection (a) shall apply with respect to any individual
appointed as Director of National Intelligence on or after the date of the
enactment of this Act.
(2) For purposes of paragraph (1), the redesignation of the position of Director
of Central Intelligence as the position of Director of National Intelligence
in the amendment to the National Security Act of 1947 made by section 10002(a)
of this Act shall not be treated as creating a vacancy in the position of
Director of National Intelligence for which appointment is required under
section 102(b) of the National Security Act of 1947, as so amended.
SEC. 10004. EXECUTIVE SCHEDULE MATTERS.
(a) EXECUTIVE SCHEDULE LEVEL II- Section 5313 of title 5, United States Code,
is amended by striking the item relating to the Director of Central Intelligence
and inserting the following new items:
`Director of National Intelligence.
`Director of the Central Intelligence Agency.'.
(b) EXECUTIVE SCHEDULE LEVEL III- Section 5314 of title 5, United States Code,
is amended by striking the item relating to the Deputy Directors of Central
Intelligence and inserting the following new item:
`Deputy Directors of National Intelligence (2).'.
(c) EXECUTIVE SCHEDULE LEVEL IV- Section 5315 of title 5, United States Code,
is amended--
(1) by striking the item relating to the Assistant Directors of Central
Intelligence and inserting the following new item:
`Assistant Directors of National Intelligence (3).';
(2) by striking the item relating to the Inspector General of the Central
Intelligence Agency and inserting the following new items:
`Inspector General, Central Intelligence Agency.
`Inspector General, Intelligence Community.'; and
(3) by inserting after the item relating to the General Counsel of the Central
Intelligence Agency the following new item:
`General Counsel to the Director of National Intelligence.'.
SEC. 10005. CONFORMING AND CLERICAL AMENDMENTS.
(a) NATIONAL SECURITY ACT OF 1947- (1) The National Security Act of 1947 (50
U.S.C. 401 et seq.) is amended by striking `Director of Central Intelligence'
and inserting `Director of National Intelligence' each place it appears in
the following provisions:
(A) Section 3(4)(A) (50 U.S.C. 401a(4)(A)), both places it appears.
(B) Section 3(4)(J) (50 U.S.C. 401a(4)(J)).
(C) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
(D) Section 3(6) (50 U.S.C. 401a(6)).
(E) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(F) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
(G) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
(H) Section 101(j) (50 U.S.C. 402(j)), both places it appears.
(I) Section 105(a) (50 U.S.C. 403-5(a)).
(J) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(K) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
(L) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
(M) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
(N) Section 105B(b) (50 U.S.C. 403-5b(b)), both places it appears.
(O) Section 105C(a)(6)(B)(viii) (50 U.S.C. 403-5c(a)(6)(B)(viii)).
(P) Section 105C(b) (50 U.S.C. 403-5c(b)), both places it appears.
(Q) Section 105D(b), as added by section 502 of the Intelligence Authorization
Act for Fiscal Year 2003 (Public Law 107-306), both places it appears.
(R) Section 106(a)(1) (50 U.S.C. 403-6(a)(1)).
(S) Section 106(b)(1) (50 U.S.C. 403-6(b)(1)).
(T) Section 106(b)(3) (50 U.S.C. 403-6(b)(3)).
(U) Section 110(b) (50 U.S.C. 404e(b)).
(V) Section 110(c) (50 U.S.C. 404e(c)).
(W) Section 111 (50 U.S.C. 404f).
(X) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
(Y) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
(Z) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
(AA) Section 113(c) (50 U.S.C. 404h(c)).
(BB) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
(CC) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
(DD) Section 114(c)(1), as amended by section 324 of the Intelligence Authorization
Act for Fiscal Year 2003.
(EE) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
(FF) Section 115(b) (50 U.S.C. 404j(b)).
(GG) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
(HH) Section 116(a) (50 U.S.C. 404k(a)).
(II) Section 116(b) (50 U.S.C. 404k(b)).
(JJ) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
(KK) Section 303(a) (50 U.S.C. 405(a)), both places it appears.
(LL) Section 501(d) (50 U.S.C. 413(d)).
(MM) Section 502(a) (50 U.S.C. 413a(a)).
(NN) Section 502(c) (50 U.S.C. 413a(c)).
(OO) Section 503(b) (50 U.S.C. 413b(b)).
(PP) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(QQ) Section 506(b), as added by section 311 of the Intelligence Authorization
Act for Fiscal Year 2003.
(RR) Section 603(a) (50 U.S.C. 423(a)).
(SS) Section 1001(a), as amended by section 331 of the Intelligence Authorization
Act for Fiscal Year 2003.
(2) The National Security Act of 1947 is further amended by striking `Director
of Central Intelligence' and inserting `Director of the Central Intelligence
Agency' each place it appears in the following provisions:
(A) Section 504(a)(2) (50 U.S.C. 414(a)(2)).
(B) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
(C) Section 701(a) (50 U.S.C. 431(a)).
(D) Section 702(a) (50 U.S.C. 432(a)).
(3) Section 3(4)(A) of that Act (50 U.S.C. 401a(4)(A)) is further amended--
(A) by striking `as provided in section 105(b)(3)' and inserting `as provided
in section 102(f)'; and
(B) by striking `the Director may' and inserting `the Director of National
Intelligence may'.
(4) Section 105(b) of that Act (50 U.S.C. 403-5(b)) is further amended by
striking `sections 103 and 104' and inserting `sections 103, 103A, and 104A'.
(5) Section 112(d) of that Act (50 U.S.C. 404g(d)) is further amended--
(A) in paragraph (1), by striking `section 103(c)(6) of this Act' and inserting
`section 103(b)(7)'; and
(B) in paragraph (2), by striking `of this Act'.
(6) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended by striking
`or the Office of the Director of Central Intelligence' and inserting `the
Office of the Director of National Intelligence, or the Office of the Director
of the Central Intelligence Agency'.
(7) Section 1001(b) of that Act, as amended by section 331 of the Intelligence
Authorization Act for Fiscal Year 2003, is further amended by striking `Assistant
Director of Central Intelligence for Administration' and inserting `Assistant
Director of National Intelligence for Administration'.
(8) The subsection caption of section 105(d) of that Act (50 U.S.C. 403-5(d))
is amended by striking `THE DIRECTOR OF CENTRAL INTELLIGENCE' and inserting
`DIRECTOR OF NATIONAL INTELLIGENCE'.
(9) Section 106 of that Act (50 U.S.C. 403-6) is further amended--
(A) in the subsection caption for subsection (a), by striking `DCI' and
inserting `DNI'; and
(B) in the subsection caption for subsection (b), by striking `DCI' and
inserting `DNI'.
(10) The heading for section 114 of that Act (50 U.S.C. 404i) is amended to
read as follows:
`ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF NATIONAL INTELLIGENCE'.
(11) The table of sections for that Act is amended--
(A) by striking the items relating to sections 102 through 104 and inserting
the following new items:
`Sec. 102. Office of the Director of Central Intelligence.
`Sec. 103. Responsibilities of Director of National Intelligence.
`Sec. 103A. Authorities of Director of National Intelligence.
`Sec. 104. Central Intelligence Agency.
`Sec. 104A. Director of the Central Intelligence Agency.'; and
(B) by striking the item relating to section 114 and inserting the following
new item:
`Sec. 114. Additional annual reports from the Director of National Intelligence.'.
(b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949- (1) Section 1 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a) is amended--
(A) by redesignating paragraphs (a) and (c) as paragraphs (1) and (3), respectively;
and
(B) by striking paragraph (b) and inserting the following new paragraph
(2):
`(2) `Director' means the Director of the Central Intelligence Agency; and'.
(2) Section 6 of that Act (50 U.S.C. 403g) is amended--
(A) by striking `Director of Central Intelligence' and inserting `Director
of National Intelligence'; and
(B) by striking `section 103(c)(6) of the National Security Act of 1947
(50 U.S.C. 403-3(c)(6))' and inserting `section 103(b)(7) of the National
Security Act of 1947'.
(3) That Act is further amended by striking `Director of Central Intelligence'
each place it appears in the following provisions and inserting `Director
of the Central Intelligence Agency':
(A) Section 14(b) (50 U.S.C. 403n(b)).
(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it appears.
(D) Section 20(g)(3)(B) (50 U.S.C. 403u(g)(3)(B)).
(E) Section 20(h)(1) (50 U.S.C. 403u(h)(1)).
(F) Section 20(h)(2) (50 U.S.C. 403u(h)(2)).
(4) That Act is further amended by striking `of Central Intelligence' in each
of the following provisions:
(A) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
(B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
(C) Section 17(f) (50 U.S.C. 403q(f)), both places it appears.
(D) Section 20(c) (50 U.S.C. 403t(c)).
(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT- (1) Section 101 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2001) is amended by striking
paragraph (2) and inserting the following new paragraph (2):
`(2) DIRECTOR- The term `Director' means the Director of the Central Intelligence
Agency.'.
(2) Section 201(c) of that Act (50 U.S.C. 2011) is amended by striking `paragraph
(6) of section 103(c) of the National Security Act of 1947 (50 U.S.C. 403-3(c))
that the Director of Central Intelligence' and inserting `section 103(b)(7)
of the National Security Act of 1947 that the Director of the National Intelligence'.
(d) CIA VOLUNTARY SEPARATION PAY ACT- Subsection (a)(1) of section 2 of the
Central Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 2001 note)
is amended to read as follows:
`(1) the term `Director' means the Director of the Central Intelligence
Agency;'.
(e) INSPECTOR GENERAL ACT OF 1978- Section 8H(a)(1)(C) of the Inspector General
Act of 1978 (5 U.S.C. App. 8H(a)(1)(C)) is amended by inserting before the
period at the end the following: `or to the Inspector General of the Intelligence
Community'.
(f) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978- The Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by striking `Director
of Central Intelligence' each place it appears and inserting `Director of
National Intelligence'.
(g) CLASSIFIED INFORMATION PROCEDURES ACT- Section 9(a) of the Classified
Information Procedures Act (5 U.S.C. App.) is amended by striking `Director
of Central Intelligence' and inserting `Director of National Intelligence'.
(h) INTELLIGENCE AUTHORIZATION ACTS-
(1) PUBLIC LAW 103-359- Section 811(c)(6)(C) of the Counterintelligence
and Security Enhancements Act of 1994 (title VIII of Public Law 103-359)
is amended by striking `Director of Central Intelligence' and inserting
`Director of National Intelligence'.
(2) PUBLIC LAW 107-306- (A) Section 313(a) of the Intelligence Authorization
Act for Fiscal Year 2003 (Public Law 107-306) is amended by striking `Director
of Central Intelligence, acting as the head of the intelligence community,'
and inserting `Director of National Intelligence'.
(B) Section 341 of that Act is amended by striking `Director of Central
Intelligence, acting as the head of the intelligence community, shall establish
in the Central Intelligence Agency' and inserting `Director of National
Intelligence shall establish within the intelligence community'.
(C) Section 343 of that Act is amended--
(i) in subsection (a)(1), by striking `Director of Central Intelligence,
acting as the head of the Intelligence Community,' and inserting `Director
of National Intelligence';
(ii) in subsection (c), by striking `section 103(c)(6) of the National
Security Act of 1947 (50 U.S.C. 403-3(c)(6))' and inserting `section 103(b)(7)
of the National Security Act of 1947'; and
(iii) in subsection (e)(2), by striking `section 103(c)(6)' and inserting
`section 103(b)(7)'.
(D) Section 352(b) of that Act is amended by inserting `of National Intelligence'
after `The Director'.
(E) That Act is further amended by striking `Director of Central Intelligence'
each place it appears in the following provisions and inserting `Director
of National Intelligence':
(F) That Act is further amended by striking `Office of the Director of Central
Intelligence' each place it appears in the following provisions and inserting
`Office of the Director of National Intelligence':
(G) Section 904(m) of that Act is amended by inserting `the Director of
National Intelligence,' before `the Director of Central Intelligence'.
(i) USA PATRIOT ACT OF 2001- The USA PATRIOT Act of 2001 (Public Law 107-56)
is amended by striking `Director of Central Intelligence' and inserting `Director
of National Intelligence' each place it appears in the following provisions:
(1) Section 203(d)(1) (50 U.S.C. 403-5d(d)(1)), as amended by section 897(a)
of the Homeland Security Act of 2002 (Public Law 107-296), both places it
appears.
(2) Section 908(a) (115 Stat. 391).
(3) Section 1006(b) (115 Stat. 394).
(j) HOMELAND SECURITY ACT OF 2002- The Homeland Security Act of 2002 (Public
Law 107-296) is amended by striking `Director of Central Intelligence' and
inserting `Director of National Intelligence' each place it appears in the
following provisions:
(2) Section 201(d)(12)(B).
(9) Section 1001(c)(1)(A).
(k) TITLE 18, UNITED STATES CODE- (1) Section 2517(8) of title 18, United
States Code, as amended by section 896 of the Homeland Security Act of 2002
(Public Law 107-296), is further amended by striking `Director of Central
Intelligence' and inserting `Director of National Intelligence'.
(2) Subsections (d)(7)(B)(iv) and (i)(5)(B)(iv) of such title, as amended
by section 1123 of such Act, are further amended by striking `Director of
Central Intelligence' and inserting `Director of National Intelligence, or
the head of another element of the intelligence community'.
(l) TITLE 44, UNITED STATES CODE- Section 3535(g)(3) of title 44, United States
Code, as added by section 1001 of the Federal Information Security Management
Act of 2002 (title X of Public Law 107-296), is further amended by striking
`Director of Central Intelligence' and inserting `Director of National Intelligence'.
(m) FEDERAL RULES OF CRIMINAL PROCEDURE- Paragraphs (2) and (3) of section
6(e) of the Federal Rules of Criminal Procedure, as amended by section 895
of the Homeland Security Act of 2002 (Public Law 107-296), are further amended
by striking `Director of Central Intelligence' and inserting `Director of
National Intelligence'.
Subtitle B--Other Matters
SEC. 10011. DISCHARGE OF CERTAIN INTELLIGENCE ACTIVITIES BY THE DEPARTMENT
OF HOMELAND SECURITY.
(a) DISCHARGE BY DIRECTORATE FOR INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION-
The Directorate for Information Analysis and Infrastructure Protection of
the Department of Homeland Security shall be the element within the Department
responsible for receiving and analyzing law enforcement and other information
from agencies of the Federal Government, State and local government agencies
(including law enforcement agencies), and private sector entities, and fusing
such information and analysis with analytical products, assessments, and warnings
relating to foreign intelligence from the Director of Central Intelligence's
Counterterrorist Center in order to--
(1) identify and assess the nature and scope of threats to the homeland;
and
(2) detect and identify threats of terrorism against the United States and
other threats to homeland security.
(b) PROVISION OF INFORMATION TO COUNTERTERRORIST CENTER- In order to ensure
that the Directorate for Information Analysis and Infrastructure Protection
is provided for purposes of subsection (a) with appropriate analytical products,
assessments, and warnings relating to threats of terrorism against the United
States and other threats to homeland security, the Director of National Intelligence,
the Attorney General, and the heads of other agencies of the Federal Government
shall ensure that all intelligence and other information relating to international
terrorism is provided to the Counterterrorist Center.
(c) ANALYSIS OF INFORMATION- The Director of Central Intelligence shall ensure
the analysis by the Counterterrorist Center of all intelligence and other
information provided the Counterterrorist Center under subsection (b).
(d) ANALYSIS OF FOREIGN INTELLIGENCE- (1) The Counterterrorist Center shall
have primary responsibility for the analysis of foreign intelligence relating
to international terrorism.
(2) Nothing in paragraph (1) shall be construed to prohibit the Directorate
for Information Analysis and Infrastructure Protection from conducting for
purposes of subsection (a) supplemental analysis of foreign intelligence relating
to threats of terrorism against the United States and other threats to homeland
security.
(d) PROVISION BY COUNTERTERRORIST CENTER OF TERRORISM ANALYSIS TO DIRECTORATE-
The Director of Central Intelligence shall ensure the provision by the Counterterrorist
Center to the Directorate for Information Analysis and Infrastructure Protection
of all analytical products, assessments, and warnings relating to threats
of terrorism against the United States and other threats to homeland security
that are produced by the Counterterrorist Center pursuant to the analysis
under subsection (c).
(e) DEFINITIONS- In this section, the terms `intelligence' and `foreign intelligence'
have the meanings given such terms in section 3 of the National Security Act
of 1947 (50 U.S.C. 401a).
TITLE XI--CHEMICAL SECURITY
SEC. 11001. SHORT TITLE.
This title may be cited as the `Chemical Security Act of 2003'.
SEC. 11002. FINDINGS.
(1) the chemical industry is a crucial part of the critical infrastructure
of the United States--
(A) in its own right; and
(B) because that industry supplies resources essential to the functioning
of other critical infrastructures;
(2) the possibility of terrorist and criminal attacks on chemical sources
(such as industrial facilities) poses a serious threat to public health,
safety, and welfare, critical infrastructure, national security, and the
environment;
(3) the possibility of theft of dangerous chemicals from chemical sources
for use in terrorist attacks poses a further threat to public health, safety,
and welfare, critical infrastructure, national security, and the environment;
and
(4) there are significant opportunities to prevent theft from, and criminal
attack on, chemical sources and reduce the harm that such acts would produce
by--
(A)(i) reducing usage and storage of chemicals by changing production
methods and processes; and
(ii) employing inherently safer technologies in the manufacture, transport,
and use of chemicals;
(B) enhancing secondary containment and other existing mitigation measures;
and
SEC. 11003. DEFINITIONS.
(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the
Environmental Protection Agency.
(2) CHEMICAL SOURCE- The term `chemical source' means a stationary source
(as defined in section 112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)))
that contains a substance of concern.
(3) COVERED SUBSTANCE OF CONCERN- The term `covered substance of concern'
means a substance of concern that, in combination with a chemical source
and other factors, is designated as a high
priority category by the Administrator under section 11004(a)(1).
(4) EMPLOYEE- The term `employee' means--
(A) a duly recognized collective bargaining representative at a chemical
source; or
(B) in the absence of such a representative, other appropriate personnel.
(5) HEAD OF THE OFFICE- The term `head of the Office' means the head of
the Office of Homeland Security (or a successor agency).
(6) SAFER DESIGN AND MAINTENANCE- The term `safer design and maintenance'
includes, with respect to a chemical source that is within a high priority
category designated under section 11004(a)(1), implementation, to the extent
practicable, of the practices of--
(A) preventing or reducing the vulnerability of the chemical source to
a release of a covered substance of concern through use of inherently
safer technology;
(B) reducing any vulnerability of the chemical source to a release of
a covered substance of concern through use of well-maintained secondary
containment, control, or mitigation equipment;
(C) reducing any vulnerability of the chemical source to a release of
a covered substance of concern by implementing security measures; and
(D) reducing the potential consequences of any vulnerability of the chemical
source to a release of a covered substance of concern through the use
of buffer zones between the chemical source and surrounding populations
(including buffer zones between the chemical source and residences, schools,
hospitals, senior centers, shopping centers and malls, sports and entertainment
arenas, public roads and transportation routes, and other population centers).
(A) IN GENERAL- The term `security measure' means an action carried out
to increase the security of a chemical source.
(B) INCLUSIONS- The term `security measure', with respect to a chemical
source, includes--
(i) employee training and background checks;
(ii) the limitation and prevention of access to controls of the chemical
source;
(iii) protection of the perimeter of the chemical source;
(iv) the installation and operation of an intrusion detection sensor;
and
(v) a measure to increase computer or computer network security.
(8) SUBSTANCE OF CONCERN- The term `substance of concern' means--
(A) any regulated substance (as defined in section 112(r) of the Clean
Air Act (42 U.S.C. 7412(r))); and
(B) any substance designated by the Administrator under section 11004(a).
(9) UNAUTHORIZED RELEASE- The term `unauthorized release' means--
(A) a release from a chemical source into the environment of a covered
substance of concern that is caused, in whole or in part, by a criminal
act;
(B) a release into the environment of a covered substance of concern that
has been removed from a chemical source, in whole or in part, by a criminal
act; and
(C) a release or removal from a chemical source of a covered substance
of concern that is unauthorized by the owner or operator of the chemical
source.
(10) USE OF INHERENTLY SAFER TECHNOLOGY-
(A) IN GENERAL- The term `use of inherently safer technology', with respect
to a chemical source, means use of a technology, product, raw material,
or practice that, as compared with the technologies, products, raw materials,
or practices currently in use--
(i) reduces or eliminates the possibility of a release of a substance
of concern from the chemical source prior to secondary containment,
control, or mitigation; and
(ii) reduces or eliminates the threats to public health and the environment
associated with a release or potential release of a substance of concern
from the chemical source.
(B) INCLUSIONS- The term `use of inherently safer technology' includes
input substitution, catalyst or carrier substitution, process redesign
(including reuse or recycling of a substance of concern), product reformulation,
procedure simplification, and technology modification so as to--
(i) use less hazardous substances or benign substances;
(ii) use a smaller quantity of covered substances of concern;
(iii) reduce hazardous pressures or temperatures;
(iv) reduce the possibility and potential consequences of equipment
failure and human error;
(v) improve inventory control and chemical use efficiency; and
(vi) reduce or eliminate storage, transportation, handling, disposal,
and discharge of substances of concern.
SEC. 11004. DESIGNATION OF AND REQUIREMENTS FOR HIGH PRIORITY CATEGORIES.
(a) DESIGNATION AND REGULATION OF HIGH PRIORITY CATEGORIES BY THE ADMINISTRATOR-
(1) IN GENERAL- Not later than 1 year after the date of enactment of this
Act, the Administrator, in consultation with the head of the Office and
State
and local agencies responsible for planning for and responding to unauthorized
releases and providing emergency health care, shall promulgate regulations
to designate certain combinations of chemical sources and substances of concern
as high priority categories based on the severity of the threat posed by an
unauthorized release from the chemical sources.
(2) FACTORS TO BE CONSIDERED- In designating high priority categories under
paragraph (1), the Administrator, in consultation with the head of the Office,
shall consider--
(A) the severity of the harm that could be caused by an unauthorized release;
(B) the proximity to population centers;
(C) the threats to national security;
(D) the threats to critical infrastructure;
(E) threshold quantities of substances of concern that pose a serious
threat; and
(F) such other safety or security factors as the Administrator, in consultation
with the head of the Office, determines to be appropriate.
(3) REQUIREMENTS FOR HIGH PRIORITY CATEGORIES-
(A) IN GENERAL- Not later than 1 year after the date of enactment of this
Act, the Administrator, in consultation with the head of the Office, the
United States Chemical Safety and Hazard Investigation Board, and State
and local agencies described in paragraph (1), shall promulgate regulations
to require each owner and each operator of a chemical source that is within
a high priority category designated under paragraph (1), in consultation
with local law enforcement, first responders, and employees, to--
(i) conduct an assessment of the vulnerability of the chemical source
to a terrorist attack or other unauthorized release;
(ii) using appropriate hazard assessment techniques, identify hazards
that may result from an unauthorized release of a covered substance
of concern; and
(iii) prepare a prevention, preparedness, and response plan that incorporates
the results of those vulnerability and hazard assessments.
(B) ACTIONS AND PROCEDURES- A prevention, preparedness, and response plan
required under subparagraph (A)(iii) shall include actions and procedures,
including safer design and maintenance of the chemical source, to eliminate
or significantly lessen the potential consequences of an unauthorized
release of a covered substance of concern.
(C) THREAT INFORMATION- To the maximum extent permitted by applicable
authorities and the interests of national security, the head of the Office,
in consultation with the Administrator, shall provide owners and operators
of chemical sources with threat information relevant to the assessments
and plans required under subsection (b).
(4) REVIEW AND REVISIONS- Not later than 5 years after the date of promulgation
of regulations under each of paragraphs (1) and (3), the Administrator,
in consultation with the head of the Office, shall review the regulations
and make any necessary revisions.
(5) ADDITION OF SUBSTANCES OF CONCERN- For the purpose of designating high
priority categories under paragraph (1) or any subsequent revision of the
regulations promulgated under paragraph (1), the Administrator, in consultation
with the head of the Office, may designate additional substances that pose
a serious threat as substances of concern.
(1) VULNERABILITY AND HAZARD ASSESSMENTS- Not later than 1 year after the
date of promulgation of regulations under subsection (a)(3), each owner
and each operator of a chemical source that is within a high priority category
designated under subsection (a)(1) shall--
(A) certify to the Administrator that the chemical source has conducted
assessments in accordance with the regulations; and
(B) submit to the Administrator written copies of the assessments.
(2) PREVENTION, PREPAREDNESS, AND RESPONSE PLANS- Not later than 18 months
after the date of promulgation of regulations under subsection (a)(3), the
owner or operator shall--
(A) certify to the Administrator that the chemical source has completed
a prevention, preparedness, and response plan that incorporates the results
of the assessments and complies with the regulations; and
(B) submit to the Administrator a written copy of the plan.
(3) 5-YEAR REVIEW- Not later than 5 years after each of the date of submission
of a copy of an assessment under paragraph (1) and a plan under paragraph
(2), and not less often than every 3 years thereafter, the owner or operator
of the chemical source covered by the assessment or plan, in coordination
with local law enforcement and first responders, shall--
(A) review the adequacy of the assessment or plan, as the case may be;
and
(B)(i) certify to the Administrator that the chemical source has completed
the review; and
(ii) as appropriate, submit to the Administrator any changes to the assessment
or plan.
(4) PROTECTION OF INFORMATION-
(A) DISCLOSURE EXEMPTION- Except with respect to certifications specified
in paragraphs (1) through (3) of this subsection and section 11005(a),
all information provided to the Administrator under this subsection, and
all information derived from that information, shall be exempt from disclosure
under section 552 of title 5, United States Code.
(B) DEVELOPMENT OF PROTOCOLS-
(i) IN GENERAL- The Administrator, in consultation with the head of
the Office, shall develop such protocols as are necessary to protect
the copies of the assessments and plans required to be submitted under
this subsection (including the information contained in those assessments
and plans) from unauthorized disclosure.
(ii) REQUIREMENTS- The protocols developed under clause (i) shall ensure
that--
(I) each copy of an assessment or plan, and all information contained
in or derived from the assessment or plan, is maintained in a secure
location;
(II) except as provided in subparagraph (C), only individuals designated
by the Administrator may have access to the copies of the assessments
and plans; and
(III) no copy of an assessment or plan or any portion of an assessment
or plan, and no information contained in or derived from an assessment
or
plan, shall be available to any person other than an individual designated
by the Administrator.
(iii) DEADLINE- As soon as practicable, but not later than 1 year after
the date of enactment of this Act, the Administrator shall complete
the development of protocols under clause (i) so as to ensure that the
protocols are in place before the date on which the Administrator receives
any assessment or plan under this subsection.
(C) FEDERAL OFFICERS AND EMPLOYEES- An individual referred to in subparagraph
(B)(ii) who is an officer or employee of the United States may discuss
with a State or local official the contents of an assessment or plan described
in that subparagraph.
SEC. 11005. ENFORCEMENT.
(1) IN GENERAL- The Administrator, in consultation with the head of the
Office, shall review each assessment and plan submitted under section 11004(b)
to determine the compliance of the chemical source covered by the assessment
or plan with regulations promulgated under paragraphs (1) and (3) of section
11004(a).
(2) CERTIFICATION OF COMPLIANCE-
(A) IN GENERAL- The Administrator shall certify in writing each determination
of the Administrator under paragraph (1).
(B) INCLUSIONS- A certification of the Administrator shall include a checklist
indicating consideration by a chemical source of the use of 4 elements
of safer design and maintenance described in subparagraphs (A) through
(D) of section 11003(6).
(i) IN GENERAL- The Administrator, in consultation with the head of
the Office, shall--
(I) before the date of publication of proposed regulations under section
11004(a)(3), review each assessment or plan submitted to the Administrator
under section 11004(b); and
(II) before the date of promulgation of final regulations under section
11004(a)(3), determine whether each such assessment or plan meets
the consultation, planning, and assessment requirements applicable
to high priority categories under section 11004(a)(3).
(ii) AFFIRMATIVE DETERMINATION- If the Administrator, in consultation
with the head of the Office, makes an affirmative determination under
clause (i)(II), the Administrator shall certify compliance of an assessment
or plan described in that clause without requiring any revision of the
assessment or plan.
(D) SCHEDULE FOR REVIEW AND CERTIFICATION-
(i) IN GENERAL- The Administrator, after taking into consideration the
factors described in section 11004(a)(2), shall establish a schedule
for the review and certification of assessments and plans submitted
under section 11004(b).
(ii) DEADLINE FOR COMPLETION- Not later than 3 years after the deadlines
for the submission of assessments and plans under paragraph (1) or (2),
respectively, of section 11004(b), the Administrator shall complete
the review and certification of all assessments and plans submitted
under those sections.
(b) COMPLIANCE ASSISTANCE-
(1) DEFINITION OF DETERMINATION- In this subsection, the term `determination'
means a determination by the Administrator that, with respect to an assessment
or plan described in section 11004(b)--
(A) the assessment or plan does not comply with regulations promulgated
under paragraphs (1) and (3) of section 11004(a); or
(B)(i) a threat exists beyond the scope of the submitted plan; or
(ii) current implementation of the plan is insufficient to address--
(I) the results of an assessment of a source; or
(II) a threat described in clause (i).
(2) DETERMINATION BY ADMINISTRATOR- If the Administrator, after consultation
with the head of the Office, makes a determination, the Administrator shall--
(A) notify the chemical source of the determination; and
(B) provide such advice and technical assistance, in coordination with
the head of the Office and the United States Chemical Safety and Hazard
Investigation Board, as is appropriate--
(i) to bring the assessment or plan of a chemical source described in
section 11004(b) into compliance; or
(ii) to address any threat described in clause (i) or (ii) of paragraph
(1)(B).
(1) IN GENERAL- If, after the date that is 30 days after the later of the
date on which the Administrator first provides assistance, or a chemical
source receives notice, under subsection (b)(2)(B), a chemical source has
not brought an assessment or plan for which the assistance is provided into
compliance with regulations promulgated under paragraphs (1) and (3) of
section 11004(a), or the chemical source has not complied with an entry
or information request under section 11006, the Administrator may issue
an order directing compliance by the chemical source.
(2) NOTICE AND OPPORTUNITY FOR HEARING- An order under paragraph (1) may
be issued only after notice and opportunity for a hearing.
(1) IN GENERAL- Notwithstanding a certification under section 11005(a)(2),
if the head of the Office, in consultation with local law enforcement officials
and first responders, determines that a threat of a terrorist attack exists
that is beyond the scope of a submitted prevention, preparedness, and response
plan of 1 or more chemical sources, or current implementation of the plan
is insufficient to address the results of an assessment of a source or a
threat described in subsection (b)(1)(B)(i), the head of the Office shall
notify each chemical source of the elevated threat.
(2) INSUFFICIENT RESPONSE- If the head of the Office determines that a chemical
source has not taken appropriate action in response to a notification under
paragraph (1), the head of the Office shall notify the chemical source,
the Administrator, and the Attorney General that actions taken by the chemical
source in response to the notification are insufficient.
(A) IN GENERAL- On receipt of a notification under paragraph (2), the
Administrator or the Attorney General may secure such relief as is necessary
to abate a threat described in paragraph (1), including such orders as
are necessary to protect public health or welfare.
(B) JURISDICTION- The district court of the United States for the district
in which a threat described in paragraph (1) occurs shall have jurisdiction
to grant such relief as the Administrator or Attorney General requests
under subparagraph (A).
SEC. 11006. RECORDKEEPING AND ENTRY.
(a) RECORDS MAINTENANCE- A chemical source that is required to certify to
the Administrator assessments and plans under section 11004 shall maintain
on the premises of the chemical source a current copy of those assessments
and plans.
(b) RIGHT OF ENTRY- In carrying out this title, the Administrator (or an authorized
representative of the Administrator), on presentation of credentials--
(1) shall have a right of entry to, on, or through any premises of an owner
or operator of a chemical source described in subsection (a) or any premises
in which any records required to be maintained under subsection (a) are
located; and
(2) may at reasonable times have access to, and may copy, any records, reports,
or other information described in subsection (a).
(c) INFORMATION REQUESTS- In carrying out this title, the Administrator may
require any chemical source to provide such information as is necessary to--
(1) enforce this title; and
(2) promulgate or enforce regulations under this title.
SEC. 11007. PENALTIES.
(a) CIVIL PENALTIES- Any owner or operator of a chemical source that violates,
or fails to comply with, any order issued may, in an action brought in United
States district court, be subject to a civil penalty of not more than $25,000
for each day in which such violation occurs or such failure to comply continues.
(b) CRIMINAL PENALTIES- Any owner or operator of a chemical source that knowingly
violates, or fails to comply with, any order issued shall--
(1) in the case of a first violation or failure to comply, be fined not
less than $2,500 nor more than $25,000 per day of violation, imprisoned
not more than 1 year, or both; and
(2) in the case of a subsequent violation or failure to comply, be fined
not more than $50,000 per day of violation, imprisoned not more than 2 years,
or both.
(c) ADMINISTRATIVE PENALTIES-
(1) PENALTY ORDERS- If the amount of a civil penalty determined under subsection
(a) does not exceed $125,000, the penalty may be assessed in an order issued
by the Administrator.
(2) NOTICE AND HEARING- Before issuing an order described in paragraph (1),
the Administrator shall provide to the person against which the penalty
is to be assessed--
(A) written notice of the proposed order; and
(B) the opportunity to request, not later than 30 days after the date
on which the notice is received by the person, a hearing on the proposed
order.
SEC. 11008. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.
Nothing in this title affects any duty or other requirement imposed under
any other Federal or State law.
SEC. 11009. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry
out this title.
TITLE XII--HOME SECURITY FUNDING
SEC. 12001. HOMELAND SECURITY FUNDING.
Section 1404 of the 2002 Supplemental Appropriations Act for Further Recovery
From and Response to Terrorist Attacks on the United States (Public Law 107-206)
is amended--
(1) by striking `Any amount appropriated in this Act' and inserting the
following:
`(a) Any amount appropriated in this Act for homeland defense';
(2) by striking `within 30 days of enactment of this Act,' and inserting
`by February 2, 2003,'; and
(3) by adding at the end the following:
`(b) As used in subsection (a), the term `any amount appropriated in this
Act for homeland defense' means amounts not yet designated for the following
accounts:
`(1) Department of Agriculture Office of the Secretary.
`(2) Agricultural Research Service Salaries and Expenses.
`(3) Cooperative State Research, Education, and Extension Service Extension
Activities.
`(4) Animal and Plant Health Inspection Service Salaries and Expenses.
`(5) Food Safety and Inspection Service.
`(6) Rural Development Rural Community Advancement Program.
`(7) Food and Drug Administration Salaries and Expenses.
`(8) Office of the United States Trade Representative Salaries and Expenses.
`(9) National Institute of Standards and Technology Scientific and Technical
Research and Services.
`(10) National Oceanic and Atmospheric Administration Operations, Research,
and Facilities.
`(11) National Oceanic and Atmospheric Administration Procurement, Acquisition,
and Construction.
`(12) Department of Justice General Administration Salaries and Expenses.
`(13) Salaries and Expenses, United States Marshals Service.
`(14) Federal Bureau of Investigation Salaries and Expenses.
`(15) Immigration and Naturalization Service Salaries and Expenses.
`(16) Immigration and Naturalization Service Construction.
`(17) Office of Justice Programs Justice Assistance.
`(18) Community Oriented Policing Services.
`(19) The Judiciary Court of Appeals' District Courts, and Other Judicial
Services.
`(20) Accounts under the heading District of Columbia Federal Funds.
`(21) Corps of Engineers Civil Operation and Maintenance, General.
`(22) Department of Energy Energy Programs Science.
`(23) Atomic Energy Defense Activities National Nuclear Security Administration
Weapons Activities.
`(24) National Nuclear Security Administration Office of the Administrator.
`(25) Environmental and Other Defense Activities Defense Environmental Restoration
and Waste Management.
`(26) Defense Facilities Closure Projects.
`(27) Bureau of Land Management Management of Lands and Resources.
`(28) United States Fish and Wildlife Service Resource Management.
`(29) United States Fish and Wildlife Service Construction.
`(30) National Park Service Operation of the National Park System.
`(31) National Park Service Construction.
`(32) United States Geological Survey Surveys, Investigations, and Research.
`(33) Bureau of Indian Affairs Operation of Indian Programs.
`(34) Department of the Interior Departmental Offices Departmental Management.
`(35) Department of Agriculture Forest Service Capital Improvement and Maintenance.
`(36) Smithsonian Institution Salaries and Expenses.
`(37) Centers for Disease Control and Prevention.
`(38) Administration for Children and Families Children and Families Services
and Programs.
`(39) Department of Health and Human Services Office of the Secretary Public
Health and Social Services Emergency Fund.
`(40) Transportation Security Administration.
`(41) United States Coast Guard Operating Expenses.
`(42) United States Coast Guard Acquisition, Construction, and Improvements.
`(43) Federal Aviation Administration Operations.
`(44) Federal Aviation Administration Facilities and Equipment.
`(45) Federal Aviation Administration Grants-In-Aid For Airports.
`(46) Federal Motor Carrier Safety Administration Hazardous Materials Security.
`(47) Department of the Treasury Federal Law Enforcement Training Center.
`(48) United States Customs Service Salaries and Expenses.
`(49) United States Secret Service Salaries and Expenses.
`(50) National Institutes of Health National Institute of Environmental
Health Sciences.
`(51) Agency for Toxic Substances and Disease Registry.
`(52) Environmental Protection Agency Science and Technology.
`(53) Federal Emergency Management Agency Disaster Assistance for Unmet
Needs.
`(54) Federal Emergency Management Agency Emergency Management Planning
and Assistance.'.
TITLE XIII--SUPPORT FOR LAW ENFORCEMENT
SEC. 13001. SHORT TITLE.
This title may be cited as the `Providing Reliable Officers, Technology, Education,
Community Prosecutors, and Training in Our Neighborhoods Act of 2003' or `PROTECTION
Act'.
SEC. 13002. AUTHORIZATIONS.
(a) COPS PROGRAM- Section 1701(a) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) is amended by--
(1) inserting `and prosecutor' after `increase police'; and
(2) inserting `to enhance law enforcement access to new technologies, and'
after `presence,'.
(b) HIRING AND REDEPLOYMENT GRANT PROJECTS- Section 1701(b) of title I of
the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended--
(A) in subparagraph (B)--
(i) by inserting after `Nation' the following: `, or pay overtime to
existing career law enforcement officers to the extent that such overtime
is devoted to community policing efforts'; and
(ii) by striking `and' at the end;
(B) in subparagraph (C), by--
(i) striking `or pay overtime'; and
(ii) striking the period at the end and inserting `; and'; and
(C) by adding at the end the following:
`(D) promote higher education among in-service State and local law enforcement
officers by reimbursing them for the costs associated with seeking a college
or graduate school education.'; and
(2) in paragraph (2) by striking all that follows SUPPORT SYSTEMS- ' and
inserting `Grants pursuant to--
`(A) paragraph (1)(B) for overtime may not exceed 25 percent of the funds
available for grants pursuant to this subsection for any fiscal year;
`(B) paragraph (1)(C) may not exceed 20 percent of the funds available
for grants pursuant to this subsection in any fiscal year; and
`(C) paragraph (1)(D) may not exceed 5 percent of the funds available
for grants pursuant to this subsection for any fiscal year.'.
(c) ADDITIONAL GRANT PROJECTS- Section 1701(d) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended--
(A) by inserting `integrity and ethics' after `specialized'; and
(B) by inserting `and' after `enforcement officers';
(2) in paragraph (7) by inserting `school officials, religiously-affiliated
organizations,' after `enforcement officers';
(3) by striking paragraph (8) and inserting the following:
`(8) establish school-based partnerships between local law enforcement agencies
and local school systems, by using school resource officers who operate
in and around elementary and secondary schools to serve as a law enforcement
liaison with other Federal, State, and local law enforcement and regulatory
agencies, combat school-related crime and disorder problems, gang membership
and criminal activity, firearms and explosives-related incidents, illegal
use and possession of alcohol, and the illegal possession, use, and distribution
of drugs;';
(4) in paragraph (10) by striking `and' at the end;
(5) in paragraph (11) by striking the period that appears at the end and
inserting `; and'; and
(6) by adding at the end the following:
`(12) develop and implement innovative programs (such as the TRIAD program)
that bring together a community's sheriff, chief of police, and elderly
residents to address the public safety concerns of older citizens.'.
(d) TECHNICAL ASSISTANCE- Section 1701(f) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(f)) is amended--
(A) by inserting `use up to 5 percent of the funds appropriated under
subsection (a) to' after `The Attorney General may';
(B) by inserting at the end the following: `In addition, the Attorney
General may use up to 5 percent of the funds appropriated under subsections
(d), (e), and (f) for technical assistance and training to States, units
of local government, Indian tribal governments, and to other public and
private entities for those respective purposes.';
(2) in paragraph (2) by inserting `under subsection (a)' after `the Attorney
General'; and
(A) by striking `the Attorney General may' and inserting `the Attorney
General shall';
(B) by inserting `regional community policing institutes' after `operation
of'; and
(C) by inserting `representatives of police labor and management organizations,
community residents,' after `supervisors,'.
(e) TECHNOLOGY AND PROSECUTION PROGRAMS- Section 1701 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended by--
(1) striking subsection (k);
(2) redesignating subsections (f) through (j) as subsections (g) through
(k), respectively; and
(3) striking subsection (e) and inserting the following:
`(e) LAW ENFORCEMENT TECHNOLOGY PROGRAM- Grants made under subsection (a)
may be used to assist police departments, in employing professional, scientific,
and technological advancements that will help them--
`(1) improve police communications through the use of wireless communications,
computers, software, videocams, databases and other hardware and software
that allow law enforcement agencies to communicate more effectively across
jurisdictional boundaries and effectuate interoperability;
`(2) develop and improve access to crime solving technologies, including
DNA analysis, photo enhancement, voice recognition, and other forensic capabilities;
and
`(3) promote comprehensive crime analysis by utilizing new techniques and
technologies, such as crime mapping, that allow law enforcement agencies
to use real-time crime and arrest data and other related information--including
non-criminal justice data--to improve their ability to analyze, predict,
and respond pro-actively to local crime and disorder
problems, as well as to engage in regional crime analysis.
`(f) COMMUNITY-BASED PROSECUTION PROGRAM- Grants made under subsection (a)
may be used to assist State, local or tribal prosecutors' offices in the implementation
of community-based prosecution programs that build on local community policing
efforts. Funds made available under this subsection may be used to--
`(1) hire additional prosecutors who will be assigned to community prosecution
programs, including programs that assign prosecutors to handle cases from
specific geographic areas, to address specific violent crime and other local
crime problems (including intensive illegal gang, gun and drug enforcement
projects and quality of life initiatives), and to address localized violent
and other crime problems based on needs identified by local law enforcement
agencies, community organizations, and others;
`(2) redeploy existing prosecutors to community prosecution programs as
described in paragraph (1) of this section by hiring victim and witness
coordinators, paralegals, community outreach, and other such personnel;
and
`(3) establish programs to assist local prosecutors' offices in the implementation
of programs that help them identify and respond to priority crime problems
in a community with specifically tailored solutions.
At least 75 percent of the funds made available under this subsection shall
be reserved for grants under paragraphs (1) and (2) and of those amounts no
more than 10 percent may be used for grants under paragraph (2) and at least
25 percent of the funds shall be reserved for grants under paragraphs (1)
and (2) to units of local government with a population of less than 50,000.'.
(f) RETENTION GRANTS- Section 1703 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by inserting
at the end the following:
`(d) RETENTION GRANTS- The Attorney General may use no more than 50 percent
of the funds under subsection (a) to award grants targeted specifically for
retention of police officers to grantees in good standing, with preference
to those that demonstrate financial hardship or severe budget constraint that
impacts the entire local budget and may result in the termination of employment
for police officers funded under subsection (b)(1).'.
(1) CAREER LAW ENFORCEMENT OFFICER- Section 1709(1) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8) is amended
by inserting after `criminal laws' the following: `including sheriffs deputies
charged with supervising offenders who are released into the community but
also engaged in local community policing efforts.'.
(2) SCHOOL RESOURCE OFFICER- Section 1709(4) of title I of the Omnibus Crime
Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8) is amended--
(A) by striking subparagraph (A) and inserting the following:
`(A) to serve as a law enforcement liaison with other Federal, State,
and local law enforcement and regulatory agencies, to address and document
crime and disorder problems including gangs and drug activities, firearms
and explosives-related incidents, and the illegal use and possession of
alcohol affecting or occurring in or around an elementary or secondary
school;';
(B) by striking subparagraph (E) and inserting the following:
`(E) to train students in conflict resolution, restorative justice, and
crime awareness, and to provide assistance to and coordinate with other
officers, mental health professionals, and youth counselors who are responsible
for the implementation of prevention/intervention programs within the
schools;'; and
(C) by adding at the end the following:
`(H) to work with school administrators, members of the local parent teacher
associations, community organizers, law enforcement, fire departments,
and emergency medical personnel in the creation, review, and implementation
of a school violence prevention plan;
`(I) to assist in documenting the full description of all firearms found
or taken into custody on school property and to initiate a firearms trace
and ballistics examination for each firearm with the local office of the
Bureau of Alcohol, Tobacco, and Firearms;
`(J) to document the full description of all explosives or explosive devices
found or taken into custody on school property and report to the local
office of the Bureau of Alcohol, Tobacco, and Firearms; and
`(K) to assist school administrators with the preparation of the Department
of Education, Annual Report on State Implementation of the Gun-Free Schools
Act which tracks the number of students expelled per year for bringing
a weapon, firearm, or explosive to school.'.
(h) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a)(11) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11))
is amended--
(1) by amending subparagraph (A) to read as follows:
`(A) There are authorized to be appropriated to carry out part Q, to remain
available until expended--
`(i) $1,150,000,000 for fiscal year 2003;
`(ii) $1,150,000,000 for fiscal year 2004;
`(iii) $1,150,000,000 for fiscal year 2005;
`(iv) $1,150,000,000 for fiscal year 2006;
`(v) $1,150,000,000 for fiscal year 2007; and
`(vi) $1,150,000,000 for fiscal year 2008.'; and
(2) in subparagraph (B)--
(A) by striking `3 percent' and inserting `5 percent';
(B) by striking `1701(f)' and inserting `1701(g)';
(C) by striking the second sentence and inserting `Of the remaining funds,
if there is a demand for 50 percent of appropriated hiring funds, as determined
by eligible hiring applications from law enforcement agencies having jurisdiction
over areas with populations exceeding 150,000, no less than 50 percent
shall be allocated for grants pursuant to applications submitted by units
of local government or law enforcement agencies having jurisdiction over
areas with populations exceeding 150,000 or by public and private entities
that serve areas with populations exceeding 150,000, and no less than
50 percent shall be allocated for grants pursuant to applications submitted
by units of local government or law enforcement agencies having jurisdiction
over areas with populations less than 150,000 or by public and private
entities that serve areas with populations less than 150,000.';
(D) by striking `85 percent' and inserting `$600,000,000'; and
(E) by striking `1701(b),' and all that follows through `of part Q' and
inserting the following: `1701 (b) and (c), $350,000,000 to grants for
the purposes specified in section 1701(e), and $200,000,000 to grants
for the purposes specified in section 1701(f).'.
SEC. 13003. RURAL LAW ENFORCEMENT RETENTION GRANT PROGRAM.
Section 1703 of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd-2) is amended by adding at the end the following:
`(1) IN GENERAL- The Attorney General may make grants to units of local
government and tribal governments located outside a Standard Metropolitan
Statistical Area, which grants shall be targeted specifically for the retention
for 1 additional year of police officers funded through the COPS Universal
Hiring Program, the COPS FAST Program, the Tribal Resources Grant Program-Hiring,
or the COPS in Schools Program.
`(2) PREFERENCE- In making grants under this subsection, the Attorney General
shall give preference to grantees that demonstrate financial hardship or
severe budget constraint that impacts the entire local budget and may result
in the termination of employment for police officers described in paragraph
(1).
`(3) LIMIT ON GRANT AMOUNTS- The total amount of a grant made under this
subsection shall not exceed 20 percent of the original grant to the grantee.
`(4) AUTHORIZATION OF APPROPRIATIONS-
`(A) IN GENERAL- There are authorized to be appropriated to carry out
this subsection $15,000,000 for each of fiscal years 2003 through 2007.
`(B) SET-ASIDE- Of the amount made available for grants under this subsection
for each fiscal year, 10 percent shall be awarded to tribal governments.'.
SEC. 13004. RURAL LAW ENFORCEMENT TECHNOLOGY GRANT PROGRAM.
Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd) is amended by striking subsection (k) and inserting
the following:
`(k) LAW ENFORCEMENT TECHNOLOGY PROGRAM-
`(1) IN GENERAL- Grants made under subsection (a) may be used to assist
the police departments of units of local government and tribal governments
located outside a Standard Metropolitan Statistical Area, in employing professional,
scientific, and technological advancements that will help those police departments
to--
`(A) improve police communications through the use of wireless communications,
computers, software, videocams, databases and other hardware and software
that allow law enforcement agencies to communicate and operate more effectively;
and
`(B) develop and improve access to crime solving technologies, including
DNA analysis, photo enhancement, voice recognition, and other forensic
capabilities.
`(2) COST SHARE REQUIREMENT- A recipient of a grant made under subsection
(a) and used in accordance with this subsection shall provide matching funds
from non-Federal sources in an amount equal to not less than 10 percent
of the total amount of the grant made under this subsection, subject to
a waiver by the Attorney General for extreme hardship.
`(3) ADMINISTRATION- The COPS Office shall administer the grant program
under this subsection.
`(4) NO SUPPLANTING- Federal funds provided under this subsection shall
be used to supplement and not to supplant local funds allocated to technology.
`(5) AUTHORIZATION OF APPROPRIATIONS-
`(A) IN GENERAL- There are authorized to be appropriated $40,000,000 for
each of fiscal years 2003 through 2007 to carry out this subsection.
`(B) SET-ASIDE- Of the amount made available for grants under this subsection
for each fiscal year, 10 percent shall be awarded to tribal governments.'.
SEC. 13005. RURAL 9-1-1 SERVICE.
(a) PURPOSE- The purpose of this section is to provide access to, and improve
a communications infrastructure that will ensure a reliable and seamless communication
between law enforcement, fire, and emergency medical service providers in
units of local government and tribal governments located outside a Standard
Metropolitan Statistical Area and in States.
(b) AUTHORITY TO MAKE GRANTS- The Office of Justice Programs of the Department
of Justice shall make grants, in accordance with such regulations as the Attorney
General may prescribe, to units of local government and tribal governments
located outside a Standard Metropolitan Statistical Area for the purpose of
establishing or improving 9-1-1 service in those communities. Priority in
making grants under this section shall be given to communities that do not
have 9-1-1 service.
(c) DEFINITION- In this section, the term `9-1-1 service' refers to telephone
service that has designated 9-1-1 as a universal emergency telephone number
in the community served for reporting an emergency to appropriate authorities
and requesting assistance.
(d) LIMIT ON GRANT AMOUNT- The total amount of a grant made under this section
shall not exceed $250,000.
(1) IN GENERAL- There are authorized to be appropriated to carry out this
section $25,000,000 for fiscal years 2003 and 2004, to remain available
until expended.
(2) SET-ASIDE- Of the amount made available for grants under this section,
10 percent shall be awarded to tribal governments.
END
