Chapter II: Section 1: Short Title; Table of Contents (1)

(a) [6 U.S.C. 101] Short Title.--This Act may be cited as the ``Homeland Security Act of 2002''. (b) Table of Contents.--The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Construction; severability. Sec. 4. Effective date.

TITLE I--DEPARTMENT OF HOMELAND SECURITY

Sec. 101. Executive department; mission. Sec. 102. Secretary; functions. Sec. 103. Other officers.

TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information

Sec. 201. Information and Analysis and Infrastructure Protection. Sec. 202. Access to information. Sec. 203. Homeland Security Advisory System. Sec. 204. Homeland security information sharing. Sec. 205. Comprehensive information technology network architecture. Sec. 206. Coordination with information sharing environment. Sec. 207. Intelligence components. Sec. 208. Training for employees of intelligence components. Sec. 209. Intelligence training development for State and local government officials. Sec. 210. Information sharing incentives. Sec. 210A. Department of Homeland Security State, Local, and Regional Information Fusion Center Initiative. Sec. 210B. Homeland Security Information Sharing Fellows Program. Sec. 210C. Rural Policing Institute. Sec. 210D. Interagency Threat Assessment and Coordination Group. Sec. 210E. National Asset Database.

Subtitle B--Critical Infrastructure Information

Sec. 211. Short title. Sec. 212. Definitions. Sec. 213. Designation of critical infrastructure protection program. Sec. 214. Protection of voluntarily shared critical infrastructure information. Sec. 215. No private right of action.

Subtitle C--Information Security

Sec. 221. Procedures for sharing information. Sec. 222. Privacy Officer. Sec. 223. Enhancement of non-Federal cybersecurity. Sec. 224. Net guard. Sec. 225. Cyber Security Enhancement Act of 2002.

Subtitle D--Office of Science and Technology

Sec. 231. Establishment of office; Director. Sec. 232. Mission of office; duties. Sec. 233. Definition of law enforcement technology. Sec. 234. Abolishment of Office of Science and Technology of National Institute of Justice; transfer of functions. Sec. 235. National Law Enforcement and Corrections Technology Centers. Sec. 236. Coordination with other entities within Department of Justice. Sec. 237. Amendments relating to National Institute of Justice.

TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

Sec. 301. Under Secretary for Science and Technology. Sec. 302. Responsibilities and authorities of the Under Secretary for Science and Technology. Sec. 303. Functions transferred. Sec. 304. Conduct of certain public health-related activities. Sec. 305. Federally funded research and development centers. Sec. 306. Miscellaneous provisions. Sec. 307. Homeland Security Advanced Research Projects Agency. Sec. 308. Conduct of research, development, demonstration, testing and evaluation. Sec. 309. Utilization of Department of Energy national laboratories and sites in support of homeland security activities. Sec. 310. Transfer of Plum Island Animal Disease Center, Department of Agriculture. Sec. 311. Homeland Security Science and Technology Advisory Committee. Sec. 312. Homeland Security Institute. Sec. 313. Technology clearinghouse to encourage and support innovative solutions to enhance homeland security. Sec. 314. Office for Interoperability and Compatibility. Sec. 315. Emergency communications interoperability research and development. Sec. 316. National Biosurveillance Integration Center. Sec. 317. Promoting antiterrorism through international cooperation program.

TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

Subtitle A--Under Secretary for Border and Transportation Security

Sec. 401. Under Secretary for Border and Transportation Security. Sec. 402. Responsibilities. Sec. 403. Functions transferred.

Subtitle B--United States Customs Service

Sec. 411. Establishment; Commissioner of Customs. Sec. 412. Retention of customs revenue functions by Secretary of the Treasury. Sec. 413. Preservation of customs funds. Sec. 414. Separate budget request for customs. Sec. 415. Definition. Sec. 416. GAO report to Congress. Sec. 417. Allocation of resources by the Secretary. Sec. 418. Reports to Congress. Sec. 419. Customs user fees.

Subtitle C--Miscellaneous Provisions

Sec. 421. Transfer of certain agricultural inspection functions of the Department of Agriculture. Sec. 422. Functions of Administrator of General Services. Sec. 423. Functions of Transportation Security Administration. Sec. 424. Preservation of Transportation Security Administration as a distinct entity. Sec. 425. Explosive detection systems. Sec. 426. Transportation security. Sec. 427. Coordination of information and information technology. Sec. 428. Visa issuance. Sec. 429. Information on visa denials required to be entered into electronic data system. Sec. 430. Office for Domestic Preparedness. Sec. 431. Office of Cargo Security Policy.

Subtitle D--Immigration Enforcement Functions

Sec. 441. Transfer of functions to Under Secretary for Border and Transportation Security. Sec. 442. Establishment of Bureau of Border Security. Sec. 443. Professional responsibility and quality review. Sec. 444. Employee discipline. Sec. 445. Report on improving enforcement functions. Sec. 446. Sense of Congress regarding construction of fencing near San Diego, California.

Subtitle E--Citizenship and Immigration Services

Sec. 451. Establishment of Bureau of Citizenship and Immigration Services. Sec. 452. Citizenship and Immigration Services Ombudsman. Sec. 453. Professional responsibility and quality review. Sec. 454. Employee discipline. Sec. 455. Effective date. Sec. 456. Transition. Sec. 457. Funding for citizenship and immigration services. Sec. 458. Backlog elimination. Sec. 459. Report on improving immigration services. Sec. 460. Report on responding to fluctuating needs. Sec. 461. Application of Internet-based technologies. Sec. 462. Children's affairs.

Subtitle F--General Immigration Provisions

Sec. 471. Abolishment of INS. Sec. 472. Voluntary separation incentive payments. Sec. 473. Authority to conduct a demonstration project relating to disciplinary action. Sec. 474. Sense of Congress. Sec. 475. Director of Shared Services. Sec. 476. Separation of funding. Sec. 477. Reports and implementation plans. Sec. 478. Immigration functions.

TITLE V--NATIONAL EMERGENCY MANAGEMENT

Sec. 501. Definitions. Sec. 502. Definition. Sec. 503. Federal Emergency Management Agency. Sec. 504. Authorities and responsibilities. Sec. 505. Functions transferred. Sec. 506. Preserving the Federal Emergency Management Agency. Sec. 507. Regional Offices. Sec. 508. National Advisory Council. Sec. 509. National Integration Center. Sec. 510. Credentialing and typing. Sec. 511. The National Infrastructure Simulation and Analysis Center. Sec. 512. Evacuation plans and exercises. Sec. 513. Disability Coordinator. Sec. 514. Department and Agency officials. Sec. 515. National Operations Center. Sec. 516. Chief Medical Officer. Sec. 517. Nuclear incident response. Sec. 518. Conduct of certain public health-related activities. Sec. 519. Use of national private sector networks in emergency response. Sec. 520. Use of commercially available technology, goods, and services. Sec. 521. Procurement of security countermeasures for strategic national stockpile. Sec. 522. Model standards and guidelines for critical infrastructure workers. Sec. 523. Guidance and recommendations. \1\ Sec. 524. Voluntary private sector preparedness accreditation and certification program. \1\

--------------------------------------------------------------------------- \1\ The placement of items relating to sections 523 and 524 in the table of contents in section 1(b) were added at the end of the items in title V in order to reflect the probable intent of Congress. See amendment made by section 901(e) of Public Law 110-53. ---------------------------------------------------------------------------

TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES
OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS

Sec. 601. Treatment of charitable trusts for members of the Armed Forces
of the United States and other governmental organizations.

TITLE VII--MANAGEMENT

Sec. 701. Under Secretary for Management. Sec. 702. Chief Financial Officer. Sec. 703. Chief Information Officer. Sec. 704. Chief Human Capital Officer. Sec. 705. Establishment of Officer for Civil Rights and Civil Liberties. Sec. 706. Consolidation and co-location of offices. Sec. 707. Quadrennial Homeland Security Review.

TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

Subtitle A--Coordination with Non-Federal Entities

Sec. 801. Office for State and Local Government Coordination.

Subtitle B--Inspector General

Sec. 811. Authority of the Secretary. Sec. 812. Law enforcement powers of Inspector General agents.

Subtitle C--United States Secret Service

Sec. 821. Functions transferred.

Subtitle D--Acquisitions

Sec. 831. Research and development projects. Sec. 832. Personal services. Sec. 833. Special streamlined acquisition authority. Sec. 834. Unsolicited proposals. Sec. 835. Prohibition on contracts with corporate expatriates.

Subtitle E--Human Resources Management

Sec. 841. Establishment of Human Resources Management System. Sec. 842. Labor-management relations. Sec. 843. Use of counternarcotics enforcement activities in certain employee performance appraisals. Sec. 844. Homeland Security Rotation Program. Sec. 845. Homeland Security Education Program.

Subtitle F--Federal Emergency Procurement Flexibility

Sec. 851. Definition. Sec. 852. Procurements for defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack. Sec. 853. Increased simplified acquisition threshold for procurements in support of humanitarian or peacekeeping operations or contingency operations. Sec. 854. Increased micro-purchase threshold for certain procurements. Sec. 855. Application of certain commercial items authorities to certain procurements. Sec. 856. Use of streamlined procedures. Sec. 857. Review and report by Comptroller General. Sec. 858. Identification of new entrants into the Federal marketplace.

Subtitle G--Support Anti-terrorism by Fostering Effective Technologies
Act of 2002

Sec. 861. Short title. Sec. 862. Administration. Sec. 863. Litigation management. Sec. 864. Risk management. Sec. 865. Definitions.

Subtitle H--Miscellaneous Provisions

Sec. 871. Advisory committees. Sec. 872. Reorganization. Sec. 873. Use of appropriated funds. Sec. 874. Future Year Homeland Security Program. Sec. 875. Miscellaneous authorities. Sec. 876. Military activities. Sec. 877. Regulatory authority and preemption. Sec. 878. Counternarcotics officer. Sec. 879. Office of International Affairs. Sec. 880. Prohibition of the Terrorism Information and Prevention System. Sec. 881. Review of pay and benefit plans. Sec. 882. Office for National Capital Region Coordination. Sec. 883. Requirement to comply with laws protecting equal employment opportunity and providing whistleblower protections. Sec. 884. Federal Law Enforcement Training Center. Sec. 885. Joint Interagency Task Force. Sec. 886. Sense of Congress reaffirming the continued importance and applicability of the Posse Comitatus Act. Sec. 887. Coordination with the Department of Health and Human Services under the Public Health Service Act. Sec. 888. Preserving Coast Guard mission performance. Sec. 889. Homeland security funding analysis in President's budget. Sec. 890. Air Transportation Safety and System Stabilization Act.

Subtitle I--Information Sharing

Sec. 891. Short title; findings; and sense of Congress. Sec. 892. Facilitating homeland security information sharing procedures. Sec. 893. Report. Sec. 894. Authorization of appropriations. Sec. 895. Authority to share grand jury information. Sec. 896. Authority to share electronic, wire, and oral interception information. Sec. 897. Foreign intelligence information. Sec. 898. Information acquired from an electronic surveillance. Sec. 899. Information acquired from a physical search.

Subtitle J--Secure Handling of Ammonium Nitrate

Sec. 899A. Definitions. Sec. 899B. Regulation of the sale and transfer of ammonium nitrate. Sec. 899C. Inspection and auditing of records. Sec. 899D. Administrative provisions. Sec. 899E. Theft reporting requirement. Sec. 899F. Prohibitions and penalty. Sec. 899G. Protection from civil liability. Sec. 899H. Preemption of other laws. Sec. 899I. Deadlines for regulations. Sec. 899J. Authorization of appropriations.

TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL

Sec. 901. National Homeland Security Council. Sec. 902. Function. Sec. 903. Membership. Sec. 904. Other functions and activities. Sec. 905. Staff composition. Sec. 906. Relation to the National Security Council.

TITLE X--INFORMATION SECURITY

Sec. 1001. Information security. Sec. 1002. Management of information technology. Sec. 1003. National Institute of Standards and Technology. Sec. 1004. Information Security and Privacy Advisory Board. Sec. 1005. Technical and conforming amendments. Sec. 1006. Construction.

TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS

Subtitle A--Executive Office for Immigration Review

Sec. 1101. Legal status of EOIR. Sec. 1102. Authorities of the Attorney General. Sec. 1103. Statutory construction.

Subtitle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to
the Department of Justice

Sec. 1111. Bureau of Alcohol, Tobacco, Firearms, and Explosives. Sec. 1112. Technical and conforming amendments. Sec. 1113. Powers of agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Sec. 1114. Explosives training and research facility. Sec. 1115. Personnel management demonstration project.

Subtitle C--Explosives

Sec. 1121. Short title. Sec. 1122. Permits for purchasers of explosives. Sec. 1123. Persons prohibited from receiving or possessing explosive materials. Sec. 1124. Requirement to provide samples of explosive materials and ammonium nitrate. Sec. 1125. Destruction of property of institutions receiving Federal financial assistance. Sec. 1126. Relief from disabilities. Sec. 1127. Theft reporting requirement. Sec. 1128. Authorization of appropriations.

TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION

Sec. 1201. Air carrier liability for third party claims arising out of acts of terrorism. Sec. 1202. Extension of insurance policies. Sec. 1203. Correction of reference. Sec. 1204. Report.

TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT

Subtitle A--Chief Human Capital Officers

Sec. 1301. Short title. Sec. 1302. Agency Chief Human Capital Officers. Sec. 1303. Chief Human Capital Officers Council. Sec. 1304. Strategic human capital management. Sec. 1305. Effective date.

Subtitle B--Reforms Relating to Federal Human Capital Management

Sec. 1311. Inclusion of agency human capital strategic planning in performance plans and programs performance reports. Sec. 1312. Reform of the competitive service hiring process. Sec. 1313. Permanent extension, revision, and expansion of authorities for use of voluntary separation incentive pay and voluntary early retirement. Sec. 1314. Student volunteer transit subsidy.

Subtitle C--Reforms Relating to the Senior Executive Service

Sec. 1321. Repeal of recertification requirements of senior executives. Sec. 1322. Adjustment of limitation on total annual compensation.

Subtitle D--Academic Training

Sec. 1331. Academic training. Sec. 1332. Modifications to National Security Education Program.

TITLE XIV--ARMING PILOTS AGAINST TERRORISM

Sec. 1401. Short title. Sec. 1402. Federal Flight Deck Officer Program. Sec. 1403. Crew training. Sec. 1404. Commercial airline security study. Sec. 1405. Authority to arm flight deck crew with less-than-lethal weapons. Sec. 1406. Technical amendments.

TITLE XV--TRANSITION

Subtitle A--Reorganization Plan

Sec. 1501. Definitions. Sec. 1502. Reorganization plan. Sec. 1503. Review of congressional committee structures.

Subtitle B--Transitional Provisions

Sec. 1511. Transitional authorities. Sec. 1512. Savings provisions. Sec. 1513. Terminations. Sec. 1514. National identification system not authorized. Sec. 1515. Continuity of Inspector General oversight. Sec. 1516. Incidental transfers. Sec. 1517. Reference.

TITLE XVI--CORRECTIONS TO EXISTING LAW RELATING TO AIRLINE
TRANSPORTATION SECURITY

Sec. 1601. Retention of security sensitive information authority at Department of Transportation. Sec. 1602. Increase in civil penalties. Sec. 1603. Allowing United States citizens and United States nationals as screeners.

TITLE XVII--CONFORMING AND TECHNICAL AMENDMENTS

Sec. 1701. Inspector General Act of 1978. Sec. 1702. Executive Schedule. Sec. 1703. United States Secret Service. Sec. 1704. Coast Guard. Sec. 1705. Strategic national stockpile and smallpox vaccine development. Sec. 1706. Transfer of certain security and law enforcement functions and authorities. Sec. 1707. Transportation security regulations. Sec. 1708. National Bio-Weapons Defense Analysis Center. Sec. 1709. Collaboration with the Secretary of Homeland Security. Sec. 1710. Railroad safety to include railroad security. Sec. 1711. Hazmat safety to include hazmat security. Sec. 1712. Office of Science and Technology Policy. Sec. 1713. National Oceanographic Partnership Program. Sec. 1714. Clarification of definition of manufacturer. Sec. 1715. Clarification of definition of vaccine-related injury or death. Sec. 1716. Clarification of definition of vaccine. Sec. 1717. Effective date.

TITLE XVIII--EMERGENCY COMMUNICATIONS

Sec. 1801. Office for Emergency Communications. Sec. 1802. National Emergency Communications Plan. Sec. 1803. Assessments and reports. Sec. 1804. Coordination of Federal emergency communications grant programs. Sec. 1805. Regional emergency communications coordination. Sec. 1806. Emergency Communications Preparedness Center. Sec. 1807. Urban and other high risk area communications capabilities. Sec. 1808. Definition. Sec. 1809. Interoperable Emergency Communications Grant Program. Sec. 1810. Border interoperability demonstration project.

TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

Sec. 1901. Domestic Nuclear Detection Office. Sec. 1902. Mission of Office. Sec. 1903. Hiring authority. Sec. 1904. Testing authority. Sec. 1905. Relationship to other Department entities and Federal agencies. Sec. 1906. Contracting and grant making authorities. Sec. 1907. Joint annual interagency review of global nuclear detection architecture.

TITLE XX--HOMELAND SECURITY GRANTS

Sec. 2001. Definitions.

Subtitle A--Grants to States and High-Risk Urban Areas

Sec. 2002. Homeland Security Grant Programs. Sec. 2003. Urban Area Security Initiative. Sec. 2004. State Homeland Security Grant Program. Sec. 2005. Grants to directly eligible tribes. Sec. 2006. Terrorism prevention. Sec. 2007. Prioritization. Sec. 2008. Use of funds.

Subtitle B--Grants Administration

Sec. 2021. Administration and coordination. Sec. 2022. Accountability.

SEC. 2. [6 U.S.C. 101] DEFINITIONS.

In this Act, the following definitions apply:
(1) Each of the terms ``American homeland'' and
``homeland'' means the United States.
(2) The term ``appropriate congressional
committee'' means any committee of the House of
Representatives or the Senate having legislative or
oversight jurisdiction under the Rules of the House of
Representatives or the Senate, respectively, over the
matter concerned.
(3) The term ``assets'' includes contracts,
facilities, property, records, unobligated or
unexpended balances of appropriations, and other funds
or resources (other than personnel).
(4) The term ``critical infrastructure'' has the
meaning given that term in section 1016(e) of Public
Law 107-56 (42 U.S.C. 5195c(e)).
(5) The term ``Department'' means the Department of
Homeland Security.
(6) The term ``emergency response providers''
includes Federal, State, and local governmental and
nongovernmental emergency public safety, fire, law
enforcement, emergency response, emergency medical
(including hospital emergency facilities), and related
personnel, agencies, and authorities.
(7) The term ``executive agency'' means an
executive agency and a military department, as defined,
respectively, in sections 105 and 102 of title 5,
United States Code.
(8) The term ``functions'' includes authorities,
powers, rights, privileges, immunities, programs,
projects, activities, duties, and responsibilities.
(9) The term ``intelligence component of the
Department'' means any element or entity of the
Department that collects, gathers, processes, analyzes,
produces, or disseminates intelligence information
within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, or national intelligence, as defined under
section 3(5) of the National Security Act of 1947 (50
U.S.C. 401a(5)), except--
(A) the United States Secret Service; and
(B) the Coast Guard, when operating under
the direct authority of the Secretary of
Defense or Secretary of the Navy pursuant to
section 3 of title 14, United States Code,
except that nothing in this paragraph shall
affect or diminish the authority and
responsibilities of the Commandant of the Coast
Guard to command or control the Coast Guard as
an armed force or the authority of the Director
of National Intelligence with respect to the
Coast Guard as an element of the intelligence
community (as defined under section 3(4) of the
National Security Act of 1947 (50 U.S.C.
401a(4)).
(10) The term ``key resources'' means publicly or
privately controlled resources essential to the minimal
operations of the economy and government.
(11) The term ``local government'' means--
(A) a county, municipality, city, town,
township, local public authority, school
district, special district, intrastate
district, council of governments (regardless of
whether the council of governments is
incorporated as a nonprofit corporation under
State law), regional or interstate government
entity, or agency or instrumentality of a local
government;
(B) an Indian tribe or authorized tribal
organization, or in Alaska a Native village or
Alaska Regional Native Corporation; and
(C) a rural community, unincorporated town
or village, or other public entity.
(12) The term ``major disaster'' has the meaning
given in section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122).
(13) The term ``personnel'' means officers and
employees.
(14) The term ``Secretary'' means the Secretary of
Homeland Security.
(15) The term ``State'' means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, and any possession of the United
States.
(16) The term ``terrorism'' means any activity
that--
(A) involves an act that--
(i) is dangerous to human life or
potentially destructive of critical
infrastructure or key resources; and
(ii) is a violation of the criminal
laws of the United States or of any
State or other subdivision of the
United States; and
(B) appears to be intended--
(i) to intimidate or coerce a
civilian population;
(ii) to influence the policy of a
government by intimidation or coercion;
or
(iii) to affect the conduct of a
government by mass destruction,
assassination, or kidnapping.
(17)(A) The term ``United States'', when used in a
geographic sense, means any State of the United States,
the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, any
possession of the United States, and any waters within
the jurisdiction of the United States.
(B) Nothing in this paragraph or any other
provision of this Act shall be construed to modify the
definition of ``United States'' for the purposes of the
Immigration and Nationality Act or any other
immigration or nationality law.
(18) The term ``voluntary preparedness standards''
means a common set of criteria for preparedness,
disaster management, emergency management, and business
continuity programs, such as the American National
Standards Institute's National Fire Protection
Association Standard on Disaster/Emergency Management
and Business Continuity Programs (ANSI/NFPA 1600).

SEC. 3. [6 U.S.C. 102] CONSTRUCTION; SEVERABILITY.

Any provision of this Act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this Act and shall not affect the remainder thereof, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.

SEC. 4. [6 U.S.C. 101 NOTE] EFFECTIVE DATE.

This Act shall take effect 60 days after the date of
enactment.

TITLE I--DEPARTMENT OF HOMELAND SECURITY

SEC. 101. [6 U.S.C. 111] EXECUTIVE DEPARTMENT; MISSION.

(a) Establishment.--There is established a Department of
Homeland Security, as an executive department of the United
States within the meaning of title 5, United States Code.
(b) Mission.--
(1) In general.--The primary mission of the
Department is to--
(A) prevent terrorist attacks within the
United States;
(B) reduce the vulnerability of the United
States to terrorism;
(C) minimize the damage, and assist in the
recovery, from terrorist attacks that do occur
within the United States;
(D) carry out all functions of entities
transferred to the Department, including by
acting as a focal point regarding natural and
manmade crises and emergency planning;
(E) ensure that the functions of the
agencies and subdivisions within the Department
that are not related directly to securing the
homeland are not diminished or neglected except
by a specific explicit Act of Congress;
(F) ensure that the overall economic
security of the United States is not diminished
by efforts, activities, and programs aimed at
securing the homeland;
(G) ensure that the civil rights and civil
liberties of persons are not diminished by
efforts, activities, and programs aimed at
securing the homeland; and
(H) monitor connections between illegal
drug trafficking and terrorism, coordinate
efforts to sever such connections, and
otherwise contribute to efforts to interdict
illegal drug trafficking.
(2) Responsibility for investigating and
prosecuting terrorism.--Except as specifically provided
by law with respect to entities transferred to the
Department under this Act, primary responsibility for
investigating and prosecuting acts of terrorism shall
be vested not in the Department, but rather in Federal,
State, and local law enforcement agencies with
jurisdiction over the acts in question.

SEC. 102. [6 U.S.C. 112] SECRETARY; FUNCTIONS.

(a) Secretary.--
(1) In general.--There is a Secretary of Homeland
Security, appointed by the President, by and with the
advice and consent of the Senate.
(2) Head of department.--The Secretary is the head
of the Department and shall have direction, authority,
and control over it.
(3) Functions vested in secretary.--All functions
of all officers, employees, and organizational units of
the Department are vested in the Secretary.
(b) Functions.--The Secretary--
(1) except as otherwise provided by this Act, may
delegate any of the Secretary's functions to any
officer, employee, or organizational unit of the
Department;
(2) shall have the authority to make contracts,
grants, and cooperative agreements, and to enter into
agreements with other executive agencies, as may be
necessary and proper to carry out the Secretary's
responsibilities under this Act or otherwise provided
by law; and
(3) shall take reasonable steps to ensure that
information systems and databases of the Department are
compatible with each other and with appropriate
databases of other Departments.
(c) Coordination With Non-Federal Entities.--With respect
to homeland security, the Secretary shall coordinate through
the Office of State and Local Coordination (established under
section 801) (including the provision of training and
equipment) with State and local government personnel, agencies,
and authorities, with the private sector, and with other
entities, including by--
(1) coordinating with State and local government
personnel, agencies, and authorities, and with the
private sector, to ensure adequate planning, equipment,
training, and exercise activities;
(2) coordinating and, as appropriate,
consolidating, the Federal Government's communications
and systems of communications relating to homeland
security with State and local government personnel,
agencies, and authorities, the private sector, other
entities, and the public; and
(3) distributing or, as appropriate, coordinating
the distribution of, warnings and information to State
and local government personnel, agencies, and
authorities and to the public.
(d) Meetings of National Security Council.--The Secretary
may, subject to the direction of the President, attend and
participate in meetings of the National Security Council.
(e) Issuance of Regulations.--The issuance of regulations
by the Secretary shall be governed by the provisions of chapter
5 of title 5, United States Code, except as specifically
provided in this Act, in laws granting regulatory authorities
that are transferred by this Act, and in laws enacted after the
date of enactment of this Act.
(f) Special Assistant to the Secretary.--The Secretary
shall appoint a Special Assistant to the Secretary who shall be
responsible for--
(1) creating and fostering strategic communications
with the private sector to enhance the primary mission
of the Department to protect the American homeland;
(2) advising the Secretary on the impact of the
Department's policies, regulations, processes, and
actions on the private sector;
(3) interfacing with other relevant Federal
agencies with homeland security missions to assess the
impact of these agencies' actions on the private
sector;
(4) creating and managing private sector advisory
councils composed of representatives of industries and
associations designated by the Secretary to--
(A) advise the Secretary on private sector
products, applications, and solutions as they
relate to homeland security challenges;
(B) advise the Secretary on homeland
security policies, regulations, processes, and
actions that affect the participating
industries and associations; and
(C) advise the Secretary on private sector
preparedness issues, including effective
methods for--
(i) promoting voluntary
preparedness standards to the private
sector; and
(ii) assisting the private sector
in adopting voluntary preparedness
standards;
(5) working with Federal laboratories, federally
funded research and development centers, other
federally funded organizations, academia, and the
private sector to develop innovative approaches to
address homeland security challenges to produce and
deploy the best available technologies for homeland
security missions;
(6) promoting existing public-private partnerships
and developing new public-private partnerships to
provide for collaboration and mutual support to address
homeland security challenges;
(7) assisting in the development and promotion of
private sector best practices to secure critical
infrastructure;
(8) providing information to the private sector
regarding voluntary preparedness standards and the
business justification for preparedness and promoting
to the private sector the adoption of voluntary
preparedness standards;
(9) coordinating industry efforts, with respect to
functions of the Department of Homeland Security, to
identify private sector resources and capabilities that
could be effective in supplementing Federal, State, and
local government agency efforts to prevent or respond
to a terrorist attack;
(10) coordinating with the Directorate of Border
and Transportation Security and the Assistant Secretary
for Trade Development of the Department of Commerce on
issues related to the travel and tourism industries;
and
(11) consulting with the Office of State and Local
Government Coordination and Preparedness on all matters
of concern to the private sector, including the tourism
industry.
(g) Standards Policy.--All standards activities of the
Department shall be conducted in accordance with section 12(d)
of the National Technology Transfer Advancement Act of 1995 (15
U.S.C. 272 note) and Office of Management and Budget Circular
A-119.

SEC. 103. [6 U.S.C. 113] OTHER OFFICERS.

(a) Deputy Secretary; Under Secretaries.--There are the
following officers, appointed by the President, by and with the
advice and consent of the Senate:
(1) A Deputy Secretary of Homeland Security, who
shall be the Secretary's first assistant for purposes
of subchapter III of chapter 33 of title 5, United
States Code.
(2) An Under Secretary for Science and Technology.
(3) An Under Secretary for Border and
Transportation Security.
(4) An Administrator of the Federal Emergency
Management Agency.
(5) A Director of the Bureau of Citizenship and
Immigration Services.
(6) An Under Secretary for Management.
(7) A Director of the Office of Counternarcotics
Enforcement.
(8) An Under Secretary responsible for overseeing
critical infrastructure protection, cybersecurity, and
other related programs of the Department.
(9) Not more than 12 Assistant Secretaries.
(10) A General Counsel, who shall be the chief
legal officer of the Department.
(b) Inspector General.--There shall be in the Department an
Office of Inspector General and an Inspector General at the
head of such office, as provided in the Inspector General Act
of 1978 (5 U.S.C. App.).
(c) Commandant of the Coast Guard.--To assist the Secretary
in the performance of the Secretary's functions, there is a
Commandant of the Coast Guard, who shall be appointed as
provided in section 44 of title 14, United States Code, and who
shall report directly to the Secretary. In addition to such
duties as may be provided in this Act and as assigned to the
Commandant by the Secretary, the duties of the Commandant shall
include those required by section 2 of title 14, United States
Code.
(d) Other Officers.--To assist the Secretary in the
performance of the Secretary's functions, there are the
following officers, appointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Information Officer.
(3) An Officer for Civil Rights and Civil
Liberties.
(4) A Director for Domestic Nuclear Detection.
(f) Performance of Specific Functions.--Subject to the
provisions of this Act, every officer of the Department shall
perform the functions specified by law for the official's
office or prescribed by the Secretary.
(e) Chief Financial Officer.--There shall be in the
Department a Chief Financial Officer, as provided in chapter 9
of title 31, United States Code.

TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information

SEC. 201. [6 U.S.C. 121] INFORMATION AND ANALYSIS AND INFRASTRUCTURE
PROTECTION.

(a) Intelligence and Analysis and Infrastructure
Protection.--There shall be in the Department an Office of
Intelligence and Analysis and an Office of Infrastructure
Protection.
(b) Under Secretary for Intelligence and Analysis and
Assistant Secretary for Infrastructure Protection.--
(1) Office of intelligence and analysis.--The
Office of Intelligence and Analysis shall be headed by
an Under Secretary for Intelligence and Analysis, who
shall be appointed by the President, by and with the
advice and consent of the Senate.
(2) Chief intelligence officer.--The Under
Secretary for Intelligence and Analysis shall serve as
the Chief Intelligence Officer of the Department.
(3) Office of infrastructure protection.--The
Office of Infrastructure Protection shall be headed by
an Assistant Secretary for Infrastructure Protection,
who shall be appointed by the President.
(c) Discharge of Responsibilities.--The Secretary shall
ensure that the responsibilities of the Department relating to
information analysis and infrastructure protection, including
those described in subsection (d), are carried out through the
Under Secretary for Intelligence and Analysis or the Assistant
Secretary for Infrastructure Protection, as appropriate.
(d) Responsibilities of Secretary Relating To Intelligence
and Analysis and Infrastructure Protection.--The
responsibilities of the Secretary relating to intelligence and
analysis and infrastructure protection shall be as follows:
(1) To access, receive, and analyze law enforcement
information, intelligence information, and other
information from agencies of the Federal Government,
State and local government agencies (including law
enforcement agencies), and private sector entities, and
to integrate such information, in support of the
mission responsibilities of the Department and the
functions of the National Counterterrorism Center
established under section 119 of the National Security
Act of 1947 (50 U.S.C. 404o), in order to--
(A) identify and assess the nature and
scope of terrorist threats to the homeland;
(B) detect and identify threats of
terrorism against the United States; and
(C) understand such threats in light of
actual and potential vulnerabilities of the
homeland.
(2) To carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the
performance of risk assessments to determine the risks
posed by particular types of terrorist attacks within
the United States (including an assessment of the
probability of success of such attacks and the
feasibility and potential efficacy of various
countermeasures to such attacks).
(3) To integrate relevant information, analyses,
and vulnerability assessments (whether such
information, analyses, or assessments are provided or
produced by the Department or others) in order to
identify priorities for protective and support measures
by the Department, other agencies of the Federal
Government, State and local government agencies and
authorities, the private sector, and other entities.
(4) To ensure, pursuant to section 202, the timely
and efficient access by the Department to all
information necessary to discharge the responsibilities
under this section, including obtaining such
information from other agencies of the Federal
Government.
(5) To develop a comprehensive national plan for
securing the key resources and critical infrastructure
of the United States, including power production,
generation, and distribution systems, information
technology and telecommunications systems (including
satellites), electronic financial and property record
storage and transmission systems, emergency
preparedness communications systems, and the physical
and technological assets that support such systems.
(6) To recommend measures necessary to protect the
key resources and critical infrastructure of the United
States in coordination with other agencies of the
Federal Government and in cooperation with State and
local government agencies and authorities, the private
sector, and other entities.
(7) To review, analyze, and make recommendations
for improvements to the policies and procedures
governing the sharing of information within the scope
of the information sharing environment established
under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485),
including homeland security information, terrorism
information, and weapons of mass destruction
information, and any policies, guidelines, procedures,
instructions, or standards established under that
section.
(8) To disseminate, as appropriate, information
analyzed by the Department within the Department, to
other agencies of the Federal Government with
responsibilities relating to homeland security, and to
agencies of State and local governments and private
sector entities with such responsibilities in order to
assist in the deterrence, prevention, preemption of, or
response to, terrorist attacks against the United
States.
(9) To consult with the Director of National
Intelligence and other appropriate intelligence, law
enforcement, or other elements of the Federal
Government to establish collection priorities and
strategies for information, including law enforcement-
related information, relating to threats of terrorism
against the United States through such means as the
representation of the Department in discussions
regarding requirements and priorities in the collection
of such information.
(10) To consult with State and local governments
and private sector entities to ensure appropriate
exchanges of information, including law enforcement-
related information, relating to threats of terrorism
against the United States.
(11) To ensure that--
(A) any material received pursuant to this
Act is protected from unauthorized disclosure
and handled and used only for the performance
of official duties; and
(B) any intelligence information under this
Act is shared, retained, and disseminated
consistent with the authority of the Director
of National Intelligence to protect
intelligence sources and methods under the
National Security Act of 1947 (50 U.S.C. 401 et
seq.) and related procedures and, as
appropriate, similar authorities of the
Attorney General concerning sensitive law
enforcement information.
(12) To request additional information from other
agencies of the Federal Government, State and local
government agencies, and the private sector relating to
threats of terrorism in the United States, or relating
to other areas of responsibility assigned by the
Secretary, including the entry into cooperative
agreements through the Secretary to obtain such
information.
(13) To establish and utilize, in conjunction with
the chief information officer of the Department, a
secure communications and information technology
infrastructure, including data-mining and other
advanced analytical tools, in order to access, receive,
and analyze data and information in furtherance of the
responsibilities under this section, and to disseminate
information acquired and analyzed by the Department, as
appropriate.
(14) To ensure, in conjunction with the chief
information officer of the Department, that any
information databases and analytical tools developed or
utilized by the Department--
(A) are compatible with one another and
with relevant information databases of other
agencies of the Federal Government; and
(B) treat information in such databases in
a manner that complies with applicable Federal
law on privacy.
(15) To coordinate training and other support to
the elements and personnel of the Department, other
agencies of the Federal Government, and State and local
governments that provide information to the Department,
or are consumers of information provided by the
Department, in order to facilitate the identification
and sharing of information revealed in their ordinary
duties and the optimal utilization of information
received from the Department.
(16) To coordinate with elements of the
intelligence community and with Federal, State, and
local law enforcement agencies, and the private sector,
as appropriate.
(17) To provide intelligence and information
analysis and support to other elements of the
Department.
(18) To coordinate and enhance integration among
the intelligence components of the Department,
including through strategic oversight of the
intelligence activities of such components.
(19) To establish the intelligence collection,
processing, analysis, and dissemination priorities,
policies, processes, standards, guidelines, and
procedures for the intelligence components of the
Department, consistent with any directions from the
President and, as applicable, the Director of National
Intelligence.
(20) To establish a structure and process to
support the missions and goals of the intelligence
components of the Department.
(21) To ensure that, whenever possible, the
Department--
(A) produces and disseminates unclassified
reports and analytic products based on open-
source information; and
(B) produces and disseminates such reports
and analytic products contemporaneously with
reports or analytic products concerning the
same or similar information that the Department
produced and disseminated in a classified
format.
(22) To establish within the Office of Intelligence
and Analysis an internal continuity of operations plan.
(23) Based on intelligence priorities set by the
President, and guidance from the Secretary and, as
appropriate, the Director of National Intelligence--
(A) to provide to the heads of each
intelligence component of the Department
guidance for developing the budget pertaining
to the activities of such component; and
(B) to present to the Secretary a
recommendation for a consolidated budget for
the intelligence components of the Department,
together with any comments from the heads of
such components.
(24) To perform such other duties relating to such
responsibilities as the Secretary may provide.
(25) To prepare and submit to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security in the
House of Representatives, and to other appropriate
congressional committees having jurisdiction over the
critical infrastructure or key resources, for each
sector identified in the National Infrastructure
Protection Plan, a report on the comprehensive
assessments carried out by the Secretary of the
critical infrastructure and key resources of the United
States, evaluating threat, vulnerability, and
consequence, as required under this subsection. Each
such report--
(A) shall contain, if applicable, actions
or countermeasures recommended or taken by the
Secretary or the head of another Federal agency
to address issues identified in the
assessments;
(B) shall be required for fiscal year 2007
and each subsequent fiscal year and shall be
submitted not later than 35 days after the last
day of the fiscal year covered by the report;
and
(C) may be classified.
(e) Staff.--
(1) In general.--The Secretary shall provide the
Office of Intelligence and Analysis and the Office of
Infrastructure Protection with a staff of analysts
having appropriate expertise and experience to assist
such offices in discharging responsibilities under this
section.
(2) Private sector analysts.--Analysts under this
subsection may include analysts from the private
sector.
(3) Security clearances.--Analysts under this
subsection shall possess security clearances
appropriate for their work under this section.
(f) Detail of Personnel.--
(1) In general.--In order to assist the Office of
Intelligence and Analysis and the Office of
Infrastructure Protection in discharging
responsibilities under this section, personnel of the
agencies referred to in paragraph (2) may be detailed
to the Department for the performance of analytic
functions and related duties.
(2) Covered agencies.--The agencies referred to in
this paragraph are as follows:
(A) The Department of State.
(B) The Central Intelligence Agency.
(C) The Federal Bureau of Investigation.
(D) The National Security Agency.
(E) The National Imagery and Mapping Agency
\1\.
---------------------------------------------------------------------------
\1\ The reference to ``National Imagery and Mapping Agency'' in
subsection (f)(2)(E) probably should be to ``National Geospatial-
Intelligence Agency''. Section 931(b)(5) of Public Law 110-417 amends
section 201(e)(2) by striking ``National Imagery and Mapping Agency''
and inserting ``National Geospatial-Intelligence Agency''. The
amendment was not executed.
---------------------------------------------------------------------------
(F) The Defense Intelligence Agency.
(G) Any other agency of the Federal
Government that the President considers
appropriate.
(3) Cooperative agreements.--The Secretary and the
head of the agency concerned may enter into cooperative
agreements for the purpose of detailing personnel under
this subsection.
(4) Basis.--The detail of personnel under this
subsection may be on a reimbursable or non-reimbursable
basis.
(g) Functions Transferred.--In accordance with title XV,
there shall be transferred to the Secretary, for assignment to
the Office of Intelligence and Analysis and the Office of
Infrastructure Protection under this section, the functions,
personnel, assets, and liabilities of the following:
(1) The National Infrastructure Protection Center
of the Federal Bureau of Investigation (other than the
Computer Investigations and Operations Section),
including the functions of the Attorney General
relating thereto.
(2) The National Communications System of the
Department of Defense, including the functions of the
Secretary of Defense relating thereto.
(3) The Critical Infrastructure Assurance Office of
the Department of Commerce, including the functions of
the Secretary of Commerce relating thereto.
(4) The National Infrastructure Simulation and
Analysis Center of the Department of Energy and the
energy security and assurance program and activities of
the Department, including the functions of the
Secretary of Energy relating thereto.
(5) The Federal Computer Incident Response Center
of the General Services Administration, including the
functions of the Administrator of General Services
relating thereto.

* * * * * * *

SEC. 202. [6 U.S.C. 122] ACCESS TO INFORMATION.

(a) In General.--
(1) Threat and vulnerability information.--Except
as otherwise directed by the President, the Secretary
shall have such access as the Secretary considers
necessary to all information, including reports,
assessments, analyses, and unevaluated intelligence
relating to threats of terrorism against the United
States and to other areas of responsibility assigned by
the Secretary, and to all information concerning
infrastructure or other vulnerabilities of the United
States to terrorism, whether or not such information
has been analyzed, that may be collected, possessed, or
prepared by any agency of the Federal Government.
(2) Other information.--The Secretary shall also
have access to other information relating to matters
under the responsibility of the Secretary that may be
collected, possessed, or prepared by an agency of the
Federal Government as the President may further
provide.
(b) Manner of Access.--Except as otherwise directed by the
President, with respect to information to which the Secretary
has access pursuant to this section--
(1) the Secretary may obtain such material upon
request, and may enter into cooperative arrangements
with other executive agencies to provide such material
or provide Department officials with access to it on a
regular or routine basis, including requests or
arrangements involving broad categories of material,
access to electronic databases, or both; and
(2) regardless of whether the Secretary has made
any request or entered into any cooperative arrangement
pursuant to paragraph (1), all agencies of the Federal
Government shall promptly provide to the Secretary--
(A) all reports (including information
reports containing intelligence which has not
been fully evaluated), assessments, and
analytical information relating to threats of
terrorism against the United States and to
other areas of responsibility assigned by the
Secretary;
(B) all information concerning the
vulnerability of the infrastructure of the
United States, or other vulnerabilities of the
United States, to terrorism, whether or not
such information has been analyzed;
(C) all other information relating to
significant and credible threats of terrorism
against the United States, whether or not such
information has been analyzed; and
(D) such other information or material as
the President may direct.
(c) Treatment Under Certain Laws.--The Secretary shall be
deemed to be a Federal law enforcement, intelligence,
protective, national defense, immigration, or national security
official, and shall be provided with all information from law
enforcement agencies that is required to be given to the
Director of Central Intelligence, under any provision of the
following:
(1) The USA PATRIOT Act of 2001 (Public Law 107-
56).
(2) Section 2517(6) of title 18, United States
Code.
(3) Rule 6(e)(3)(C) of the Federal Rules of
Criminal Procedure.
(d) Access to Intelligence and Other Information.--
(1) Access by elements of federal government.--
Nothing in this title shall preclude any element of the
intelligence community (as that term is defined in
section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)), or any other element of the Federal
Government with responsibility for analyzing terrorist
threat information, from receiving any intelligence or
other information relating to terrorism.
(2) Sharing of information.--The Secretary, in
consultation with the Director of Central Intelligence,
shall work to ensure that intelligence or other
information relating to terrorism to which the
Department has access is appropriately shared with the
elements of the Federal Government referred to in
paragraph (1), as well as with State and local
governments, as appropriate.

SEC. 203. [6 U.S.C. 124] HOMELAND SECURITY ADVISORY SYSTEM.

(a) Requirement.--The Secretary shall administer the
Homeland Security Advisory System in accordance with this
section to provide advisories or warnings regarding the threat
or risk that acts of terrorism will be committed on the
homeland to Federal, State, local, and tribal government
authorities and to the people of the United States, as
appropriate. The Secretary shall exercise primary
responsibility for providing such advisories or warnings.
(b) Required Elements.--In administering the Homeland
Security Advisory System, the Secretary shall--
(1) establish criteria for the issuance and
revocation of such advisories or warnings;
(2) develop a methodology, relying on the criteria
established under paragraph (1), for the issuance and
revocation of such advisories or warnings;
(3) provide, in each such advisory or warning,
specific information and advice regarding appropriate
protective measures and countermeasures that may be
taken in response to the threat or risk, at the maximum
level of detail practicable to enable individuals,
government entities, emergency response providers, and
the private sector to act appropriately;
(4) whenever possible, limit the scope of each such
advisory or warning to a specific region, locality, or
economic sector believed to be under threat or at risk;
and
(5) not, in issuing any advisory or warning, use
color designations as the exclusive means of specifying
homeland security threat conditions that are the
subject of the advisory or warning.

SEC. 204. [6 U.S.C. 124A] HOMELAND SECURITY INFORMATION SHARING.

(a) Information Sharing.--Consistent with section 1016 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485), the Secretary, acting through the Under Secretary
for Intelligence and Analysis, shall integrate the information
and standardize the format of the products of the intelligence
components of the Department containing homeland security
information, terrorism information, weapons of mass destruction
information, or national intelligence (as defined in section
3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)))
except for any internal security protocols or personnel
information of such intelligence components, or other
administrative processes that are administered by any chief
security officer of the Department.
(b) Information Sharing and Knowledge Management
Officers.--For each intelligence component of the Department,
the Secretary shall designate an information sharing and
knowledge management officer who shall report to the Under
Secretary for Intelligence and Analysis regarding coordinating
the different systems used in the Department to gather and
disseminate homeland security information or national
intelligence (as defined in section 3(5) of the National
Security Act of 1947 (50 U.S.C. 401a(5))).
(c) State, Local, and Private-Sector Sources of
Information.--
(1) Establishment of business processes.--The
Secretary, acting through the Under Secretary for
Intelligence and Analysis or the Assistant Secretary
for Infrastructure Protection, as appropriate, shall--
(A) establish Department-wide procedures
for the review and analysis of information
provided by State, local, and tribal
governments and the private sector;
(B) as appropriate, integrate such
information into the information gathered by
the Department and other departments and
agencies of the Federal Government; and
(C) make available such information, as
appropriate, within the Department and to other
departments and agencies of the Federal
Government.
(2) Feedback.--The Secretary shall develop
mechanisms to provide feedback regarding the analysis
and utility of information provided by any entity of
State, local, or tribal government or the private
sector that provides such information to the
Department.
(d) Training and Evaluation of Employees.--
(1) Training.--The Secretary, acting through the
Under Secretary for Intelligence and Analysis or the
Assistant Secretary for Infrastructure Protection, as
appropriate, shall provide to employees of the
Department opportunities for training and education to
develop an understanding of--
(A) the definitions of homeland security
information and national intelligence (as
defined in section 3(5) of the National
Security Act of 1947 (50 U.S.C. 401a(5))); and
(B) how information available to such
employees as part of their duties--
(i) might qualify as homeland
security information or national
intelligence; and
(ii) might be relevant to the
Office of Intelligence and Analysis and
the intelligence components of the
Department.
(2) Evaluations.--The Under Secretary for
Intelligence and Analysis shall--
(A) on an ongoing basis, evaluate how
employees of the Office of Intelligence and
Analysis and the intelligence components of the
Department are utilizing homeland security
information or national intelligence, sharing
information within the Department, as described
in this title, and participating in the
information sharing environment established
under section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
485); and
(B) provide to the appropriate component
heads regular reports regarding the evaluations
under subparagraph (A).

SEC. 205. [6 U.S.C. 124B] COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK
ARCHITECTURE.

(a) Establishment.--The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall establish, consistent with the policies and procedures developed under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), and consistent with the enterprise architecture of the Department, a comprehensive information technology network architecture for the Office of Intelligence and Analysis that connects the various databases and related information technology assets of the Office of Intelligence and Analysis and the intelligence components of the Department in order to promote internal information sharing among the intelligence and other personnel of the Department. (b) Comprehensive Information Technology Network Architecture Defined.--The term ``comprehensive information technology network architecture'' means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the strategic management and information resources management goals of the Office of Intelligence and Analysis.

SEC. 206. [6 U.S.C. 124C] COORDINATION WITH INFORMATION SHARING
ENVIRONMENT.

(a) Guidance.--All activities to comply with sections 203,
204, and 205 shall be--
(1) consistent with any policies, guidelines,
procedures, instructions, or standards established
under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485);
(2) implemented in coordination with, as
appropriate, the program manager for the information
sharing environment established under that section;
(3) consistent with any applicable guidance issued
by the Director of National Intelligence; and
(4) consistent with any applicable guidance issued
by the Secretary relating to the protection of law
enforcement information or proprietary information.
(b) Consultation.--In carrying out the duties and
responsibilities under this subtitle, the Under Secretary for
Intelligence and Analysis shall take into account the views of
the heads of the intelligence components of the Department.

SEC. 207. [6 U.S.C. 124D] INTELLIGENCE COMPONENTS.

Subject to the direction and control of the Secretary, and
consistent with any applicable guidance issued by the Director
of National Intelligence, the responsibilities of the head of
each intelligence component of the Department are as follows:
(1) To ensure that the collection, processing,
analysis, and dissemination of information within the
scope of the information sharing environment, including
homeland security information, terrorism information,
weapons of mass destruction information, and national
intelligence (as defined in section 3(5) of the
National Security Act of 1947 (50 U.S.C. 401a(5))), are
carried out effectively and efficiently in support of
the intelligence mission of the Department, as led by
the Under Secretary for Intelligence and Analysis.
(2) To otherwise support and implement the
intelligence mission of the Department, as led by the
Under Secretary for Intelligence and Analysis.
(3) To incorporate the input of the Under Secretary
for Intelligence and Analysis with respect to
performance appraisals, bonus or award recommendations,
pay adjustments, and other forms of commendation.
(4) To coordinate with the Under Secretary for
Intelligence and Analysis in developing policies and
requirements for the recruitment and selection of
intelligence officials of the intelligence component.
(5) To advise and coordinate with the Under
Secretary for Intelligence and Analysis on any plan to
reorganize or restructure the intelligence component
that would, if implemented, result in realignments of
intelligence functions.
(6) To ensure that employees of the intelligence
component have knowledge of, and comply with, the
programs and policies established by the Under
Secretary for Intelligence and Analysis and other
appropriate officials of the Department and that such
employees comply with all applicable laws and
regulations.
(7) To perform such other activities relating to
such responsibilities as the Secretary may provide.

SEC. 208. [6 U.S.C. 124E] TRAINING FOR EMPLOYEES OF INTELLIGENCE
COMPONENTS.

The Secretary shall provide training and guidance for employees, officials, and senior executives of the intelligence components of the Department to develop knowledge of laws, regulations, operations, policies, procedures, and programs that are related to the functions of the Department relating to the collection, processing, analysis, and dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))).

SEC. 209. [6 U.S.C. 124F] INTELLIGENCE TRAINING DEVELOPMENT FOR STATE
AND LOCAL GOVERNMENT OFFICIALS.