Chapter XI: Section 510: of the Homeland Security Act of 2002 was redesignated (4)

TITLE XIV--ARMING PILOTS AGAINST TERRORISM

SEC. 1401. [49 U.S.C. 40101 NOTE] SHORT TITLE.

This title may be cited as the ``Arming Pilots Against
Terrorism Act''.

SEC. 1402. FEDERAL FLIGHT DECK OFFICER PROGRAM.

(a) * * *

* * * * * * *

(c) [6 U.S.C. 513] Federal Air Marshal Program.--
(1) Sense of congress.--It is the sense of Congress
that the Federal air marshal program is critical to
aviation security.
(2) Limitation on statutory construction.--Nothing
in this Act, including any amendment made by this Act,
shall be construed as preventing the Under Secretary of
Transportation for Security from implementing and
training Federal air marshals.

SEC. 1403. CREW TRAINING.

(a) * * *

* * * * * * *

(c) Benefits and Risks of Providing Flight Attendants With
Nonlethal Weapons.--
(1) Study.--The Under Secretary of Transportation
for Security shall conduct a study to evaluate the
benefits and risks of providing flight attendants with
nonlethal weapons to aide in combating air piracy and
criminal violence on commercial airlines.
(2) Report.--Not later than 6 months after the date
of enactment of this Act, the Under Secretary shall
transmit to Congress a report on the results of the
study.

SEC. 1404. COMMERCIAL AIRLINE SECURITY STUDY.

(a) Study.--The Secretary of Transportation shall conduct a
study of the following:
(1) The number of armed Federal law enforcement
officers (other than Federal air marshals), who travel
on commercial airliners annually and the frequency of
their travel.
(2) The cost and resources necessary to provide
such officers with supplemental training in aircraft
anti-terrorism training that is comparable to the
training that Federal air marshals are provided.
(3) The cost of establishing a program at a Federal
law enforcement training center for the purpose of
providing new Federal law enforcement recruits with
standardized training comparable to the training that
Federal air marshals are provided.
(4) The feasibility of implementing a certification
program designed for the purpose of ensuring Federal
law enforcement officers have completed the training
described in paragraph (2) and track their travel over
a 6-month period.
(5) The feasibility of staggering the flights of
such officers to ensure the maximum amount of flights
have a certified trained Federal officer on board.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study. The report may be
submitted in classified and redacted form.

* * * * * * *

TITLE XV--TRANSITION

Subtitle A--Reorganization Plan

SEC. 1501. [6 U.S.C. 541] DEFINITIONS.

For purposes of this title:
(1) The term ``agency'' includes any entity,
organizational unit, program, or function.
(2) The term ``transition period'' means the 12-
month period beginning on the effective date of this
Act.

SEC. 1502. [6 U.S.C. 542] REORGANIZATION PLAN.

(a) Submission of Plan.--Not later than 60 days after the
date of the enactment of this Act, the President shall transmit
to the appropriate congressional committees a reorganization
plan regarding the following:
(1) The transfer of agencies, personnel, assets,
and obligations to the Department pursuant to this Act.
(2) Any consolidation, reorganization, or
streamlining of agencies transferred to the Department
pursuant to this Act.
(b) Plan Elements.--The plan transmitted under subsection
(a) shall contain, consistent with this Act, such elements as
the President deems appropriate, including the following:
(1) Identification of any functions of agencies
transferred to the Department pursuant to this Act that
will not be transferred to the Department under the
plan.
(2) Specification of the steps to be taken by the
Secretary to organize the Department, including the
delegation or assignment of functions transferred to
the Department among officers of the Department in
order to permit the Department to carry out the
functions transferred under the plan.
(3) Specification of the funds available to each
agency that will be transferred to the Department as a
result of transfers under the plan.
(4) Specification of the proposed allocations
within the Department of unexpended funds transferred
in connection with transfers under the plan.
(5) Specification of any proposed disposition of
property, facilities, contracts, records, and other
assets and obligations of agencies transferred under
the plan.
(6) Specification of the proposed allocations
within the Department of the functions of the agencies
and subdivisions that are not related directly to
securing the homeland.
(c) Modification of Plan.--The President may, on the basis
of consultations with the appropriate congressional committees,
modify or revise any part of the plan until that part of the
plan becomes effective in accordance with subsection (d).
(d) Effective Date.--
(1) In general.--The reorganization plan described
in this section, including any modifications or
revisions of the plan under subsection (d), shall
become effective for an agency on the earlier of--
(A) the date specified in the plan (or the
plan as modified pursuant to subsection (d)),
except that such date may not be earlier than
90 days after the date the President has
transmitted the reorganization plan to the
appropriate congressional committees pursuant
to subsection (a); or
(B) the end of the transition period.
(2) Statutory construction.--Nothing in this
subsection may be construed to require the transfer of
functions, personnel, records, balances of
appropriations, or other assets of an agency on a
single date.
(3) Supersedes existing law.--Paragraph (1) shall
apply notwithstanding section 905(b) of title 5, United
States Code.

SEC. 1503. [6 U.S.C. 543] REVIEW OF CONGRESSIONAL COMMITTEE STRUCTURES.

It is the sense of Congress that each House of Congress should review its committee structure in light of the reorganization of responsibilities within the executive branch by the establishment of the Department.

Subtitle B--Transitional Provisions

SEC. 1511. [6 U.S.C. 551] TRANSITIONAL AUTHORITIES.

(a) Provision of Assistance by Officials.--Until the
transfer of an agency to the Department, any official having
authority over or functions relating to the agency immediately
before the effective date of this Act shall provide to the
Secretary such assistance, including the use of personnel and
assets, as the Secretary may request in preparing for the
transfer and integration of the agency into the Department.
(b) Services and Personnel.--During the transition period,
upon the request of the Secretary, the head of any executive
agency may, on a reimbursable basis, provide services or detail
personnel to assist with the transition.
(c) Acting Officials.--(1) During the transition period,
pending the advice and consent of the Senate to the appointment
of an officer required by this Act to be appointed by and with
such advice and consent, the President may designate any
officer whose appointment was required to be made by and with
such advice and consent and who was such an officer immediately
before the effective date of this Act (and who continues in
office) or immediately before such designation, to act in such
office until the same is filled as provided in this Act. While
so acting, such officers shall receive compensation at the
higher of--
(A) the rates provided by this Act for the
respective offices in which they act; or
(B) the rates provided for the offices held at the
time of designation.
(2) Nothing in this Act shall be understood to require the
advice and consent of the Senate to the appointment by the
President to a position in the Department of any officer whose
agency is transferred to the Department pursuant to this Act
and whose duties following such transfer are germane to those
performed before such transfer.
(d) Transfer of Personnel, Assets, Obligations, and
Functions.--Upon the transfer of an agency to the Department--
(1) the personnel, assets, and obligations held by
or available in connection with the agency shall be
transferred to the Secretary for appropriate
allocation, subject to the approval of the Director of
the Office of Management and Budget and in accordance
with the provisions of section 1531(a)(2) of title 31,
United States Code; and
(2) the Secretary shall have all functions relating
to the agency that any other official could by law
exercise in relation to the agency immediately before
such transfer, and shall have in addition all functions
vested in the Secretary by this Act or other law.
(e) Prohibition on Use of Transportation Trust Funds.--
(1) In general.--Notwithstanding any other
provision of this Act, no funds derived from the
Highway Trust Fund, Airport and Airway Trust Fund,
Inland Waterway Trust Fund, or Harbor Maintenance Trust
Fund, may be transferred to, made available to, or
obligated by the Secretary or any other official in the
Department.
(2) Limitation.--This subsection shall not apply to
security-related funds provided to the Federal Aviation
Administration for fiscal years preceding fiscal year
2003 for (A) operations, (B) facilities and equipment,
or (C) research, engineering, and development, and to
any funds provided to the Coast Guard from the Sport
Fish Restoration and Boating Trust Fund for boating
safety programs.

SEC. 1512. [6 U.S.C. 552] SAVINGS PROVISIONS.

(a) Completed Administrative Actions.--(1) Completed administrative actions of an agency shall not be affected by the enactment of this Act or the transfer of such agency to the Department, but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law. (2) For purposes of paragraph (1), the term ``completed administrative action'' includes orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges. (b) Pending Proceedings.--Subject to the authority of the Secretary under this Act-- (1) pending proceedings in an agency, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue notwithstanding the enactment of this Act or the transfer of the agency to the Department, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance could have occurred if such enactment or transfer had not occurred; and (2) orders issued in such proceedings, and appeals therefrom, and payments made pursuant to such orders, shall issue in the same manner and on the same terms as if this Act had not been enacted or the agency had not been transferred, and any such orders shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an officer of the United States or a court of competent jurisdiction, or by operation of law. (c) Pending Civil Actions.--Subject to the authority of the Secretary under this Act, pending civil actions shall continue notwithstanding the enactment of this Act or the transfer of an agency to the Department, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment or transfer had not occurred. (d) References.--References relating to an agency that is transferred to the Department in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede such transfer or the effective date of this Act shall be deemed to refer, as appropriate, to the Department, to its officers, employees, or agents, or to its corresponding organizational units or functions. Statutory reporting requirements that applied in relation to such an agency immediately before the effective date of this Act shall continue to apply following such transfer if they refer to the agency by name. (e) Employment Provisions.--(1) Notwithstanding the generality of the foregoing (including subsections (a) and (d)), in and for the Department the Secretary may, in regulations prescribed jointly with the Director of the Office of Personnel Management, adopt the rules, procedures, terms, and conditions, established by statute, rule, or regulation before the effective date of this Act, relating to employment in any agency transferred to the Department pursuant to this Act; and (2) except as otherwise provided in this Act, or under authority granted by this Act, the transfer pursuant to this Act of personnel shall not alter the terms and conditions of employment, including compensation, of any employee so transferred. (f) Statutory Reporting Requirements.--Any statutory reporting requirement that applied to an agency, transferred to the Department under this Act, immediately before the effective date of this Act shall continue to apply following that transfer if the statutory requirement refers to the agency by name.

SEC. 1513. [6 U.S.C. 553] TERMINATIONS.

Except as otherwise provided in this Act, whenever all the functions vested by law in any agency have been transferred pursuant to this Act, each position and office the incumbent of which was authorized to receive compensation at the rates prescribed for an office or position at level II, III, IV, or V, of the Executive Schedule, shall terminate.

SEC. 1514. [6 U.S.C. 554] NATIONAL IDENTIFICATION SYSTEM NOT
AUTHORIZED.

Nothing in this Act shall be construed to authorize the
development of a national identification system or card.

SEC. 1515. [6 U.S.C. 555] CONTINUITY OF INSPECTOR GENERAL OVERSIGHT.

Notwithstanding the transfer of an agency to the Department pursuant to this Act, the Inspector General that exercised oversight of such agency prior to such transfer shall continue to exercise oversight of such agency during the period of time, if any, between the transfer of such agency to the Department pursuant to this Act and the appointment of the Inspector General of the Department of Homeland Security in accordance with section 103(b).

SEC. 1516. [6 U.S.C. 556] INCIDENTAL TRANSFERS.

The Director of the Office of Management and Budget, in consultation with the Secretary, is authorized and directed to make such additional incidental dispositions of personnel, assets, and liabilities held, used, arising from, available, or to be made available, in connection with the functions transferred by this Act, as the Director may determine necessary to accomplish the purposes of this Act.

SEC. 1517. [6 U.S.C. 557] REFERENCE.

With respect to any function transferred by or under this Act (including under a reorganization plan that becomes effective under section 1502) and exercised on or after the effective date of this Act, reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be deemed to refer to the Secretary, other official, or component of the Department to which such function is so transferred.

* * * * * * *

TITLE XVII--CONFORMING AND TECHNICAL AMENDMENTS

* * * * * * *

SEC. 1702. EXECUTIVE SCHEDULE.

(a) * * *

* * * * * * *

(b) [5 U.S.C. 5315 note] Special Effective Date.-- Notwithstanding section 4, the amendment made by subsection (a)(5) shall take effect on the date on which the transfer of functions specified under section 441 takes effect.

SEC. 1703. UNITED STATES SECRET SERVICE.

(a) * * *
(b) [3 U.S.C. 202 note] Effective Date.--The amendments
made by this section shall take effect on the date of transfer
of the United States Secret Service to the Department.

SEC. 1704. COAST GUARD.

(a) * * *

* * * * * * *

(g) [10 U.S.C. 101 note] Effective Date.--The amendments made by this section (other than subsection (f)) shall take effect on the date of transfer of the Coast Guard to the Department.

SEC. 1705. STRATEGIC NATIONAL STOCKPILE AND SMALLPOX VACCINE
DEVELOPMENT.

(a) * * *

* * * * * * *

(b) [42 U.S.C. 247d-6b note] Effective Date.--The amendments made by this section shall take effect on the date of transfer of the Strategic National Stockpile of the Department of Health and Human Services to the Department.

SEC. 1706. TRANSFER OF CERTAIN SECURITY AND LAW ENFORCEMENT FUNCTIONS
AND AUTHORITIES.

(a) * * *

* * * * * * *

(2) [40 U.S.C. 1315 note] Delegation of
authority.--The Secretary may delegate authority for
the protection of specific buildings to another Federal
agency where, in the Secretary's discretion, the
Secretary determines it necessary for the protection of
that building.

* * * * * * *

SEC. 1708. [50 U.S.C. 1522 NOTE] NATIONAL BIO-WEAPONS DEFENSE ANALYSIS
CENTER.

There is established in the Department of Defense a National Bio-Weapons Defense Analysis Center, whose mission is to develop countermeasures to potential attacks by terrorists using weapons of mass destruction.

* * * * * * *

Sec. 1714. [6 U.S.C. 103] Notwithstanding any other provision of this Act, any report, notification, or consultation addressing directly or indirectly the use of appropriated funds and stipulated by this Act to be submitted to, or held with, the Congress or any Congressional committee shall also be submitted to, or held with, the Committees on Appropriations of the Senate and the House of Representatives under the same conditions and with the same restrictions as stipulated by this Act.

TITLE XVIII--EMERGENCY COMMUNICATIONS

SEC. 1801. [6 U.S.C. 571] OFFICE OF EMERGENCY COMMUNICATIONS.

(a) In General.--There is established in the Department an
Office of Emergency Communications.
(b) Director.--The head of the office shall be the Director
for Emergency Communications. The Director shall report to the
Assistant Secretary for Cybersecurity and Communications.
(c) Responsibilities.--The Director for Emergency
Communications shall--
(1) assist the Secretary in developing and
implementing the program described in section
7303(a)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(a)(1)), except as
provided in section 314;
(2) administer the Department's responsibilities
and authorities relating to the SAFECOM Program,
excluding elements related to research, development,
testing, and evaluation and standards;
(3) administer the Department's responsibilities
and authorities relating to the Integrated Wireless
Network program;
(4) conduct extensive, nationwide outreach to
support and promote the ability of emergency response
providers and relevant government officials to continue
to communicate in the event of natural disasters, acts
of terrorism, and other man-made disasters;
(5) conduct extensive, nationwide outreach and
foster the development of interoperable emergency
communications capabilities by State, regional, local,
and tribal governments and public safety agencies, and
by regional consortia thereof;
(6) provide technical assistance to State,
regional, local, and tribal government officials with
respect to use of interoperable emergency
communications capabilities;
(7) coordinate with the Regional Administrators
regarding the activities of Regional Emergency
Communications Coordination Working Groups under
section 1805;
(8) promote the development of standard operating
procedures and best practices with respect to use of
interoperable emergency communications capabilities for
incident response, and facilitate the sharing of
information on such best practices for achieving,
maintaining, and enhancing interoperable emergency
communications capabilities for such response;
(9) coordinate, in cooperation with the National
Communications System, the establishment of a national
response capability with initial and ongoing planning,
implementation, and training for the deployment of
communications equipment for relevant State, local, and
tribal governments and emergency response providers in
the event of a catastrophic loss of local and regional
emergency communications services;
(10) assist the President, the National Security
Council, the Homeland Security Council, and the
Director of the Office of Management and Budget in
ensuring the continued operation of the
telecommunications functions and responsibilities of
the Federal Government, excluding spectrum management;
(11) establish, in coordination with the Director
of the Office for Interoperability and Compatibility,
requirements for interoperable emergency communications
capabilities, which shall be nonproprietary where
standards for such capabilities exist, for all public
safety radio and data communications systems and
equipment purchased using homeland security assistance
administered by the Department, excluding any alert and
warning device, technology, or system;
(12) review, in consultation with the Assistant
Secretary for Grants and Training, all interoperable
emergency communications plans of Federal, State,
local, and tribal governments, including Statewide and
tactical interoperability plans, developed pursuant to
homeland security assistance administered by the
Department, but excluding spectrum allocation and
management related to such plans;
(13) develop and update periodically, as
appropriate, a National Emergency Communications Plan
under section 1802;
(14) perform such other duties of the Department
necessary to support and promote the ability of
emergency response providers and relevant government
officials to continue to communicate in the event of
natural disasters, acts of terrorism, and other man-
made disasters; and
(15) perform other duties of the Department
necessary to achieve the goal of and maintain and
enhance interoperable emergency communications
capabilities.
(d) Performance of Previously Transferred Functions.--The
Secretary shall transfer to, and administer through, the
Director for Emergency Communications the following programs
and responsibilities:
(1) The SAFECOM Program, excluding elements related
to research, development, testing, and evaluation and
standards.
(2) The responsibilities of the Chief Information
Officer related to the implementation of the Integrated
Wireless Network.
(3) The Interoperable Communications Technical
Assistance Program.
(e) Coordination.--The Director for Emergency
Communications shall coordinate--
(1) as appropriate, with the Director of the Office
for Interoperability and Compatibility with respect to
the responsibilities described in section 314; and
(2) with the Administrator of the Federal Emergency
Management Agency with respect to the responsibilities
described in this title.
(f) Sufficiency of Resources Plan.--
(1) Report.--Not later than 120 days after the date
of enactment of this section, the Secretary shall
submit to Congress a report on the resources and staff
necessary to carry out fully the responsibilities under
this title.
(2) Comptroller general review.--The Comptroller
General shall review the validity of the report
submitted by the Secretary under paragraph (1). Not
later than 60 days after the date on which such report
is submitted, the Comptroller General shall submit to
Congress a report containing the findings of such
review.

SEC. 1802. [6 U.S.C. 572] NATIONAL EMERGENCY COMMUNICATIONS PLAN.

(a) In General.--The Secretary, acting through the Director
for Emergency Communications, and in cooperation with the
Department of National Communications System (as appropriate),
shall, in cooperation with State, local, and tribal
governments, Federal departments and agencies, emergency
response providers, and the private sector, develop not later
than 180 days after the completion of the baseline assessment
under section 1803, and periodically update, a National
Emergency Communications Plan to provide recommendations
regarding how the United States should--
(1) support and promote the ability of emergency
response providers and relevant government officials to
continue to communicate in the event of natural
disasters, acts of terrorism, and other man-made
disasters; and
(2) ensure, accelerate, and attain interoperable
emergency communications nationwide.
(b) Coordination.--The Emergency Communications
Preparedness Center under section 1806 shall coordinate the
development of the Federal aspects of the National Emergency
Communications Plan.
(c) Contents.--The National Emergency Communications Plan
shall--
(1) include recommendations developed in
consultation with the Federal Communications Commission
and the National Institute of Standards and Technology
for a process for expediting national voluntary
consensus standards for emergency communications
equipment for the purchase and use by public safety
agencies of interoperable emergency communications
equipment and technologies;
(2) identify the appropriate capabilities necessary
for emergency response providers and relevant
government officials to continue to communicate in the
event of natural disasters, acts of terrorism, and
other man-made disasters;
(3) identify the appropriate interoperable
emergency communications capabilities necessary for
Federal, State, local, and tribal governments in the
event of natural disasters, acts of terrorism, and
other man-made disasters;
(4) recommend both short-term and long-term
solutions for ensuring that emergency response
providers and relevant government officials can
continue to communicate in the event of natural
disasters, acts of terrorism, and other man-made
disasters;
(5) recommend both short-term and long-term
solutions for deploying interoperable emergency
communications systems for Federal, State, local, and
tribal governments throughout the Nation, including
through the provision of existing and emerging
technologies;
(6) identify how Federal departments and agencies
that respond to natural disasters, acts of terrorism,
and other man-made disasters can work effectively with
State, local, and tribal governments, in all States,
and with other entities;
(7) identify obstacles to deploying interoperable
emergency communications capabilities nationwide and
recommend short-term and long-term measures to overcome
those obstacles, including recommendations for
multijurisdictional coordination among Federal, State,
local, and tribal governments;
(8) recommend goals and timeframes for the
deployment of emergency, command-level communications
systems based on new and existing equipment across the
United States and develop a timetable for the
deployment of interoperable emergency communications
systems nationwide;
(9) recommend appropriate measures that emergency
response providers should employ to ensure the
continued operation of relevant governmental
communications infrastructure in the event of natural
disasters, acts of terrorism, or other man-made
disasters; and
(10) set a date, including interim benchmarks, as
appropriate, by which State, local, and tribal
governments, Federal departments and agencies, and
emergency response providers expect to achieve a
baseline level of national interoperable
communications, as that term is defined under section
7303(g)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(g)(1)).

SEC. 1803. [6 U.S.C. 573] ASSESSMENTS AND REPORTS.

(a) Baseline Assessment.--Not later than 1 year after the
date of enactment of this section and not less than every 5
years thereafter, the Secretary, acting through the Director
for Emergency Communications, shall conduct an assessment of
Federal, State, local, and tribal governments that--
(1) defines the range of capabilities needed by
emergency response providers and relevant government
officials to continue to communicate in the event of
natural disasters, acts of terrorism, and other man-
made disasters;
(2) defines the range of interoperable emergency
communications capabilities needed for specific events;
(3) assesses the current available capabilities to
meet such communications needs;
(4) identifies the gap between such current
capabilities and defined requirements; and
(5) includes a national interoperable emergency
communications inventory to be completed by the
Secretary of Homeland Security, the Secretary of
Commerce, and the Chairman of the Federal
Communications Commission that--
(A) identifies for each Federal department
and agency--
(i) the channels and frequencies
used;
(ii) the nomenclature used to refer
to each channel or frequency used; and
(iii) the types of communications
systems and equipment used; and
(B) identifies the interoperable emergency
communications systems in use by public safety
agencies in the United States.
(b) Classified Annex.--The baseline assessment under this
section may include a classified annex including information
provided under subsection (a)(5)(A).
(c) Savings Clause.--In conducting the baseline assessment
under this section, the Secretary may incorporate findings from
assessments conducted before, or ongoing on, the date of
enactment of this title.
(d) Progress Reports.--Not later than one year after the
date of enactment of this section and biennially thereafter,
the Secretary, acting through the Director for Emergency
Communications, shall submit to Congress a report on the
progress of the Department in achieving the goals of, and
carrying out its responsibilities under, this title,
including--
(1) a description of the findings of the most
recent baseline assessment conducted under subsection
(a);
(2) a determination of the degree to which
interoperable emergency communications capabilities
have been attained to date and the gaps that remain for
interoperability to be achieved;
(3) an evaluation of the ability to continue to
communicate and to provide and maintain interoperable
emergency communications by emergency managers,
emergency response providers, and relevant government
officials in the event of--
(A) natural disasters, acts of terrorism,
or other man-made disasters, including
Incidents of National Significance declared by
the Secretary under the National Response Plan;
and
(B) a catastrophic loss of local and
regional communications services;
(4) a list of best practices relating to the
ability to continue to communicate and to provide and
maintain interoperable emergency communications in the
event of natural disasters, acts of terrorism, or other
man-made disasters; and
(A) an evaluation of the feasibility and
desirability of the Department developing, on
its own or in conjunction with the Department
of Defense, a mobile communications capability,
modeled on the Army Signal Corps, that could be
deployed to support emergency communications at
the site of natural disasters, acts of
terrorism, or other man-made disasters.

SEC. 1804. [6 U.S.C. 574] COORDINATION OF DEPARTMENT EMERGENCY
COMMUNICATIONS GRANT PROGRAMS.

(a) Coordination of Grants and Standards Programs.--The
Secretary, acting through the Director for Emergency
Communications, shall ensure that grant guidelines for the use
of homeland security assistance administered by the Department
relating to interoperable emergency communications are
coordinated and consistent with the goals and recommendations
in the National Emergency Communications Plan under section
1802.
(b) Denial of Eligibility for Grants.--
(1) In general.--The Secretary, acting through the
Assistant Secretary for Grants and Planning, and in
consultation with the Director for Emergency
Communications, may prohibit any State, local, or
tribal government from using homeland security
assistance administered by the Department to achieve,
maintain, or enhance emergency communications
capabilities, if--
(A) such government has not complied with
the requirement to submit a Statewide
Interoperable Communications Plan as required
by section 7303(f) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
194(f));
(B) such government has proposed to upgrade
or purchase new equipment or systems that do
not meet or exceed any applicable national
voluntary consensus standards and has not
provided a reasonable explanation of why such
equipment or systems will serve the needs of
the applicant better than equipment or systems
that meet or exceed such standards; and
(C) as of the date that is 3 years after
the date of the completion of the initial
National Emergency Communications Plan under
section 1802, national voluntary consensus
standards for interoperable emergency
communications capabilities have not been
developed and promulgated.
(2) Standards.--The Secretary, in coordination with
the Federal Communications Commission, the National
Institute of Standards and Technology, and other
Federal departments and agencies with responsibility
for standards, shall support the development,
promulgation, and updating as necessary of national
voluntary consensus standards for interoperable
emergency communications.

SEC. 1805. [6 U.S.C. 575] REGIONAL EMERGENCY COMMUNICATIONS
COORDINATION.

(a) In General.--There is established in each Regional
Office a Regional Emergency Communications Coordination Working
Group (in this section referred to as an ``RECC Working
Group''). Each RECC Working Group shall report to the relevant
Regional Administrator and coordinate its activities with the
relevant Regional Advisory Council.
(b) Membership.--Each RECC Working Group shall consist of
the following:
(1) Non-federal.--Organizations representing the
interests of the following:
(A) State officials.
(B) Local government officials, including
sheriffs.
(C) State police departments.
(D) Local police departments.
(E) Local fire departments.
(F) Public safety answering points (9-1-1
services).
(G) State emergency managers, homeland
security directors, or representatives of State
Administrative Agencies.
(H) Local emergency managers or homeland
security directors.
(I) Other emergency response providers as
appropriate.
(2) Federal.--Representatives from the Department,
the Federal Communications Commission, and other
Federal departments and agencies with responsibility
for coordinating interoperable emergency communications
with or providing emergency support services to State,
local, and tribal governments.
(c) Coordination.--Each RECC Working Group shall coordinate
its activities with the following:
(1) Communications equipment manufacturers and
vendors (including broadband data service providers).
(2) Local exchange carriers.
(3) Local broadcast media.
(4) Wireless carriers.
(5) Satellite communications services.
(6) Cable operators.
(7) Hospitals.
(8) Public utility services.
(9) Emergency evacuation transit services.
(10) Ambulance services.
(11) HAM and amateur radio operators.
(12) Representatives from other private sector
entities and nongovernmental organizations as the
Regional Administrator determines appropriate.
(d) Duties.--The duties of each RECC Working Group shall
include--
(1) assessing the survivability, sustainability,
and interoperability of local emergency communications
systems to meet the goals of the National Emergency
Communications Plan;
(2) reporting annually to the relevant Regional
Administrator, the Director for Emergency
Communications, the Chairman of the Federal
Communications Commission, and the Assistant Secretary
for Communications and Information of the Department of
Commerce on the status of its region in building robust
and sustainable interoperable voice and data emergency
communications networks and, not later than 60 days
after the completion of the initial National Emergency
Communications Plan under section 1802, on the progress
of the region in meeting the goals of such plan;
(3) ensuring a process for the coordination of
effective multijurisdictional, multi-agency emergency
communications networks for use during natural
disasters, acts of terrorism, and other man-made
disasters through the expanded use of emergency
management and public safety communications mutual aid
agreements; and
(4) coordinating the establishment of Federal,
State, local, and tribal support services and networks
designed to address the immediate and critical human
needs in responding to natural disasters, acts of
terrorism, and other man-made disasters.

SEC. 1806. [6 U.S.C. 576] EMERGENCY COMMUNICATIONS PREPAREDNESS CENTER.

(a) Establishment.--There is established the Emergency
Communications Preparedness Center (in this section referred to
as the ``Center'').
(b) Operation.--The Secretary, the Chairman of the Federal
Communications Commission, the Secretary of Defense, the
Secretary of Commerce, the Attorney General of the United
States, and the heads of other Federal departments and agencies
or their designees shall jointly operate the Center in
accordance with the Memorandum of Understanding entitled,
``Emergency Communications Preparedness Center (ECPC)
Charter''.
(c) Functions.--The Center shall--
(1) serve as the focal point for interagency
efforts and as a clearinghouse with respect to all
relevant intergovernmental information to support and
promote (including specifically by working to avoid
duplication, hindrances, and counteractive efforts
among the participating Federal departments and
agencies)--
(A) the ability of emergency response
providers and relevant government officials to
continue to communicate in the event of natural
disasters, acts of terrorism, and other man-
made disasters; and
(B) interoperable emergency communications;
(2) prepare and submit to Congress, on an annual
basis, a strategic assessment regarding the
coordination efforts of Federal departments and
agencies to advance--
(A) the ability of emergency response
providers and relevant government officials to
continue to communicate in the event of natural
disasters, acts of terrorism, and other man-
made disasters; and
(B) interoperable emergency communications;
(3) consider, in preparing the strategic assessment
under paragraph (2), the goals stated in the National
Emergency Communications Plan under section 1802; and
(4) perform such other functions as are provided in
the Emergency Communications Preparedness Center (ECPC)
Charter described in subsection (b)(1).

SEC. 1807. [6 U.S.C. 577] URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS
CAPABILITIES.

(a) In General.--The Secretary, in consultation with the Chairman of the Federal Communications Commission and the Secretary of Defense, and with appropriate State, local, and tribal government officials, shall provide technical guidance, training, and other assistance, as appropriate, to support the rapid establishment of consistent, secure, and effective interoperable emergency communications capabilities in the event of an emergency in urban and other areas determined by the Secretary to be at consistently high levels of risk from natural disasters, acts of terrorism, and other man-made disasters. (b) Minimum Capabilities.--The interoperable emergency communications capabilities established under subsection (a) shall ensure the ability of all levels of government, emergency response providers, the private sector, and other organizations with emergency response capabilities-- (1) to communicate with each other in the event of an emergency; (2) to have appropriate and timely access to the Information Sharing Environment described in section 1016 of the National Security Intelligence Reform Act of 2004 (6 U.S.C. 321); and (3) to be consistent with any applicable State or Urban Area homeland strategy or plan.

SEC. 1808. [6 U.S.C. 578] DEFINITION.

In this title, the term ``interoperable'' has the meaning given the term ``interoperable communications'' under section 7303(g)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1)).

SEC. 1809. [6 U.S.C. 579] INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT
PROGRAM.

(a) Establishment.--The Secretary shall establish the
Interoperable Emergency Communications Grant Program to make
grants to States to carry out initiatives to improve local,
tribal, statewide, regional, national and, where appropriate,
international interoperable emergency communications, including
communications in collective response to natural disasters,
acts of terrorism, and other man-made disasters.
(b) Policy.--The Director for Emergency Communications
shall ensure that a grant awarded to a State under this section
is consistent with the policies established pursuant to the
responsibilities and authorities of the Office of Emergency
Communications under this title, including ensuring that
activities funded by the grant--
(1) comply with the statewide plan for that State
required by section 7303(f) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f));
and
(2) comply with the National Emergency
Communications Plan under section 1802, when completed.
(c) Administration.--
(1) In general.--The Administrator of the Federal
Emergency Management Agency shall administer the
Interoperable Emergency Communications Grant Program
pursuant to the responsibilities and authorities of the
Administrator under title V of the Act.
(2) Guidance.--In administering the grant program,
the Administrator shall ensure that the use of grants
is consistent with guidance established by the Director
of Emergency Communications pursuant to section
7303(a)(1)(H) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(a)(1)(H)).
(d) Use of Funds.--A State that receives a grant under this
section shall use the grant to implement that State's Statewide
Interoperability Plan required under section 7303(f) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 194(f)) and approved under subsection (e), and to assist
with activities determined by the Secretary to be integral to
interoperable emergency communications.
(e) Approval of Plans.--
(1) Approval as condition of grant.--Before a State
may receive a grant under this section, the Director of
Emergency Communications shall approve the State's
Statewide Interoperable Communications Plan required
under section 7303(f) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).
(2) Plan requirements.--In approving a plan under
this subsection, the Director of Emergency
Communications shall ensure that the plan--
(A) is designed to improve interoperability
at the city, county, regional, State and
interstate level;
(B) considers any applicable local or
regional plan; and
(C) complies, to the maximum extent
practicable, with the National Emergency
Communications Plan under section 1802.
(3) Approval of revisions.--The Director of
Emergency Communications may approve revisions to a
State's plan if the Director determines that doing so
is likely to further interoperability.
(f) Limitations on Uses of Funds.--
(1) In general.--The recipient of a grant under
this section may not use the grant--
(A) to supplant State or local funds;
(B) for any State or local government cost-
sharing contribution; or
(C) for recreational or social purposes.
(2) Penalties.--In addition to other remedies
currently available, the Secretary may take such
actions as necessary to ensure that recipients of grant
funds are using the funds for the purpose for which
they were intended.
(g) Limitations on Award of Grants.--
(1) National emergency communications plan
required.--The Secretary may not award a grant under
this section before the date on which the Secretary
completes and submits to Congress the National
Emergency Communications Plan required under section
1802.
(2) Voluntary consensus standards.--The Secretary
may not award a grant to a State under this section for
the purchase of equipment that does not meet applicable
voluntary consensus standards, unless the State
demonstrates that there are compelling reasons for such
purchase.
(h) Award of Grants.--In approving applications and
awarding grants under this section, the Secretary shall
consider--
(1) the risk posed to each State by natural
disasters, acts of terrorism, or other manmade
disasters, including--
(A) the likely need of a jurisdiction
within the State to respond to such risk in
nearby jurisdictions;
(B) the degree of threat, vulnerability,
and consequences related to critical
infrastructure (from all critical
infrastructure sectors) or key resources
identified by the Administrator or the State
homeland security and emergency management
plans, including threats to, vulnerabilities
of, and consequences from damage to critical
infrastructure and key resources in nearby
jurisdictions;
(C) the size of the population and density
of the population of the State, including
appropriate consideration of military, tourist,
and commuter populations;
(D) whether the State is on or near an
international border;
(E) whether the State encompasses an
economically significant border crossing; and
(F) whether the State has a coastline
bordering an ocean, a major waterway used for
interstate commerce, or international waters;
and
(2) the anticipated effectiveness of the State's
proposed use of grant funds to improve
interoperability.
(i) Opportunity to Amend Applications.--In considering
applications for grants under this section, the Administrator
shall provide applicants with a reasonable opportunity to
correct defects in the application, if any, before making final
awards.
(j) Minimum Grant Amounts.--
(1) States.--In awarding grants under this section,
the Secretary shall ensure that for each fiscal year,
except as provided in paragraph (2), no State receives
a grant in an amount that is less than the following
percentage of the total amount appropriated for grants
under this section for that fiscal year:
(A) For fiscal year 2008, 0.50 percent.
(B) For fiscal year 2009, 0.50 percent.
(C) For fiscal year 2010, 0.45 percent.
(D) For fiscal year 2011, 0.40 percent.
(E) For fiscal year 2012 and each
subsequent fiscal year, 0.35 percent.
(2) Territories and possessions.--In awarding
grants under this section, the Secretary shall ensure
that for each fiscal year, American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, and
the Virgin Islands each receive grants in amounts that
are not less than 0.08 percent of the total amount
appropriated for grants under this section for that
fiscal year.
(k) Certification.--Each State that receives a grant under
this section shall certify that the grant is used for the
purpose for which the funds were intended and in compliance
with the State's approved Statewide Interoperable
Communications Plan.
(l) State Responsibilities.--
(1) Availability of funds to local and tribal
governments.--Not later than 45 days after receiving
grant funds, any State that receives a grant under this
section shall obligate or otherwise make available to
local and tribal governments--
(A) not less than 80 percent of the grant
funds;
(B) with the consent of local and tribal
governments, eligible expenditures having a
value of not less than 80 percent of the amount
of the grant; or
(C) grant funds combined with other
eligible expenditures having a total value of
not less than 80 percent of the amount of the
grant.
(2) Allocation of funds.--A State that receives a
grant under this section shall allocate grant funds to
tribal governments in the State to assist tribal
communities in improving interoperable communications,
in a manner consistent with the Statewide Interoperable
Communications Plan. A State may not impose
unreasonable or unduly burdensome requirements on a
tribal government as a condition of providing grant
funds or resources to the tribal government.
(3) Penalties.--If a State violates the
requirements of this subsection, in addition to other
remedies available to the Secretary, the Secretary may
terminate or reduce the amount of the grant awarded to
that State or transfer grant funds previously awarded
to the State directly to the appropriate local or
tribal government.
(m) Reports.--
(1) Annual reports by state grant recipients.--A
State that receives a grant under this section shall
annually submit to the Director of Emergency
Communications a report on the progress of the State in
implementing that State's Statewide Interoperable
Communications Plans required under section 7303(f) of
the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 194(f)) and achieving interoperability
at the city, county, regional, State, and interstate
levels. The Director shall make the reports publicly
available, including by making them available on the
Internet website of the Office of Emergency
Communications, subject to any redactions that the
Director determines are necessary to protect classified
or other sensitive information.
(2) Annual reports to congress.--At least once each
year, the Director of Emergency Communications shall
submit to Congress a report on the use of grants
awarded under this section and any progress in
implementing Statewide Interoperable Communications
Plans and improving interoperability at the city,
county, regional, State, and interstate level, as a
result of the award of such grants.
(n) Rule of Construction.--Nothing in this section shall be
construed or interpreted to preclude a State from using a grant
awarded under this section for interim or long-term Internet
Protocol-based interoperable solutions.
(o) Authorization of Appropriations.--There are authorized
to be appropriated for grants under this section--
(1) for fiscal year 2008, such sums as may be
necessary;
(2) for each of fiscal years 2009 through 2012,
$400,000,000; and
(3) for each subsequent fiscal year, such sums as
may be necessary.

SEC. 1810. [6 U.S.C. 580] BORDER INTEROPERABILITY DEMONSTRATION
PROJECT.

(a) In General.--
(1) Establishment.--The Secretary, acting through
the Director of the Office of Emergency Communications
(referred to in this section as the ``Director''), and
in coordination with the Federal Communications
Commission and the Secretary of Commerce, shall
establish an International Border Community
Interoperable Communications Demonstration Project
(referred to in this section as the ``demonstration
project'').
(2) Minimum number of communities.--The Director
shall select no fewer than 6 communities to participate
in a demonstration project.
(3) Location of communities.--No fewer than 3 of
the communities selected under paragraph (2) shall be
located on the northern border of the United States and
no fewer than 3 of the communities selected under
paragraph (2) shall be located on the southern border
of the United States.
(b) Conditions.--The Director, in coordination with the
Federal Communications Commission and the Secretary of
Commerce, shall ensure that the project is carried out as soon
as adequate spectrum is available as a result of the 800
megahertz rebanding process in border areas, and shall ensure
that the border projects do not impair or impede the rebanding
process, but under no circumstances shall funds be distributed
under this section unless the Federal Communications Commission
and the Secretary of Commerce agree that these conditions have
been met.
(c) Program Requirements.--Consistent with the
responsibilities of the Office of Emergency Communications
under section 1801, the Director shall foster local, tribal,
State, and Federal interoperable emergency communications, as
well as interoperable emergency communications with appropriate
Canadian and Mexican authorities in the communities selected
for the demonstration project. The Director shall--
(1) identify solutions to facilitate interoperable
communications across national borders expeditiously;
(2) help ensure that emergency response providers
can communicate with each other in the event of natural
disasters, acts of terrorism, and other man-made
disasters;
(3) provide technical assistance to enable
emergency response providers to deal with threats and
contingencies in a variety of environments;
(4) identify appropriate joint-use equipment to
ensure communications access;
(5) identify solutions to facilitate communications
between emergency response providers in communities of
differing population densities; and
(6) take other actions or provide equipment as the
Director deems appropriate to foster interoperable
emergency communications.
(d) Distribution of Funds.--
(1) In general.--The Secretary shall distribute
funds under this section to each community
participating in the demonstration project through the
State, or States, in which each community is located.
(2) Other participants.--A State shall make the
funds available promptly to the local and tribal
governments and emergency response providers selected
by the Secretary to participate in the demonstration
project.
(3) Report.--Not later than 90 days after a State
receives funds under this subsection the State shall
report to the Director on the status of the
distribution of such funds to local and tribal
governments.
(e) Maximum Period of Grants.--The Director may not fund
any participant under the demonstration project for more than 3
years.
(f) Transfer of Information and Knowledge.--The Director
shall establish mechanisms to ensure that the information and
knowledge gained by participants in the demonstration project
are transferred among the participants and to other interested
parties, including other communities that submitted
applications to the participant in the project.
(g) Authorization of Appropriations.--There is authorized
to be appropriated for grants under this section such sums as
may be necessary.

TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

SEC. 1901. [6 U.S.C. 591] DOMESTIC NUCLEAR DETECTION OFFICE.

(a) Establishment.--There shall be established in the Department a Domestic Nuclear Detection Office (referred to in this title as the ``Office''). The Secretary may request that the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Attorney General, the Nuclear Regulatory Commission, and the directors of other Federal agencies, including elements of the Intelligence Community, provide for the reimbursable detail of personnel with relevant expertise to the Office. (b) Director.--The Office shall be headed by a Director for Domestic Nuclear Detection, who shall be appointed by the President.

SEC. 1902. [6 U.S.C. 592] MISSION OF OFFICE.

(a) Mission.--The Office shall be responsible for
coordinating Federal efforts to detect and protect against the
unauthorized importation, possession, storage, transportation,
development, or use of a nuclear explosive device, fissile
material, or radiological material in the United States, and to
protect against attack using such devices or materials against
the people, territory, or interests of the United States and,
to this end, shall--
(1) serve as the primary entity of the United
States Government to further develop, acquire, and
support the deployment of an enhanced domestic system
to detect and report on attempts to import, possess,
store, transport, develop, or use an unauthorized
nuclear explosive device, fissile material, or
radiological material in the United States, and improve
that system over time;
(2) enhance and coordinate the nuclear detection
efforts of Federal, State, local, and tribal
governments and the private sector to ensure a managed,
coordinated response;
(3) establish, with the approval of the Secretary
and in coordination with the Attorney General, the
Secretary of Defense, and the Secretary of Energy,
additional protocols and procedures for use within the
United States to ensure that the detection of
unauthorized nuclear explosive devices, fissile
material, or radiological material is promptly reported
to the Attorney General, the Secretary, the Secretary
of Defense, the Secretary of Energy, and other
appropriate officials or their respective designees for
appropriate action by law enforcement, military,
emergency response, or other authorities;
(4) develop, with the approval of the Secretary and
in coordination with the Attorney General, the
Secretary of State, the Secretary of Defense, and the
Secretary of Energy, an enhanced global nuclear
detection architecture with implementation under
which--
(A) the Office will be responsible for the
implementation of the domestic portion of the
global architecture;
(B) the Secretary of Defense will retain
responsibility for implementation of Department
of Defense requirements within and outside the
United States; and
(C) the Secretary of State, the Secretary
of Defense, and the Secretary of Energy will
maintain their respective responsibilities for
policy guidance and implementation of the
portion of the global architecture outside the
United States, which will be implemented
consistent with applicable law and relevant
international arrangements;
(5) ensure that the expertise necessary to
accurately interpret detection data is made available
in a timely manner for all technology deployed by the
Office to implement the global nuclear detection
architecture;
(6) conduct, support, coordinate, and encourage an
aggressive, expedited, evolutionary, and
transformational program of research and development to
generate and improve technologies to detect and prevent
the illicit entry, transport, assembly, or potential
use within the United States of a nuclear explosive
device or fissile or radiological material, and
coordinate with the Under Secretary for Science and
Technology on basic and advanced or transformational
research and development efforts relevant to the
mission of both organizations;
(7) carry out a program to test and evaluate
technology for detecting a nuclear explosive device and
fissile or radiological material, in coordination with
the Secretary of Defense and the Secretary of Energy,
as appropriate, and establish performance metrics for
evaluating the effectiveness of individual detectors
and detection systems in detecting such devices or
material--
(A) under realistic operational and
environmental conditions; and
(B) against realistic adversary tactics and
countermeasures;
(8) support and enhance the effective sharing and
use of appropriate information generated by the
intelligence community, law enforcement agencies,
counterterrorism community, other government agencies,
and foreign governments, as well as provide appropriate
information to such entities;
(9) further enhance and maintain continuous
awareness by analyzing information from all Office
mission-related detection systems; and
(10) perform other duties as assigned by the
Secretary.

SEC. 1903. [6 U.S.C. 593] HIRING AUTHORITY.

In hiring personnel for the Office, the Secretary shall have the hiring and management authorities provided in section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note). The term of appointments for employees under subsection (c)(1) of such section may not exceed 5 years before granting any extension under subsection (c)(2) of such section.

SEC. 1904. [6 U.S.C. 594] TESTING AUTHORITY.

(a) In General.--The Director shall coordinate with the responsible Federal agency or other entity to facilitate the use by the Office, by its contractors, or by other persons or entities, of existing Government laboratories, centers, ranges, or other testing facilities for the testing of materials, equipment, models, computer software, and other items as may be related to the missions identified in section 1902. Any such use of Government facilities shall be carried out in accordance with all applicable laws, regulations, and contractual provisions, including those governing security, safety, and environmental protection, including, when applicable, the provisions of section 309. The Office may direct that private sector entities utilizing Government facilities in accordance with this section pay an appropriate fee to the agency that owns or operates those facilities to defray additional costs to the Government resulting from such use. (b) Confidentiality of Test Results.--The results of tests performed with services made available shall be confidential and shall not be disclosed outside the Federal Government without the consent of the persons for whom the tests are performed. (c) Fees.--Fees for services made available under this section shall not exceed the amount necessary to recoup the direct and indirect costs involved, such as direct costs of utilities, contractor support, and salaries of personnel that are incurred by the United States to provide for the testing. (d) Use of Fees.--Fees received for services made available under this section may be credited to the appropriation from which funds were expended to provide such services.

SEC. 1905. [6 U.S.C. 595] RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND
FEDERAL AGENCIES.

The authority of the Director under this title shall not affect the authorities or responsibilities of any officer of the Department or of any officer of any other department or agency of the United States with respect to the command, control, or direction of the functions, personnel, funds, assets, and liabilities of any entity within the Department or any Federal department or agency.

SEC. 1906. [6 U.S.C. 596] CONTRACTING AND GRANT MAKING AUTHORITIES.