Chapter V: Section 1: Short Title; Table of Contents (4)

(a) Establishment.--The Secretary shall establish, operate,
and maintain a National Biosurveillance Integration Center
(referred to in this section as the ``NBIC''), which shall be
headed by a Directing Officer, under an office or directorate
of the Department that is in existence as of the date of the
enactment of this section.
(b) Primary Mission.--The primary mission of the NBIC is
to--
(1) enhance the capability of the Federal
Government to--
(A) rapidly identify, characterize,
localize, and track a biological event of
national concern by integrating and analyzing
data relating to human health, animal, plant,
food, and environmental monitoring systems
(both national and international); and
(B) disseminate alerts and other
information to Member Agencies and, in
coordination with (and where possible through)
Member Agencies, to agencies of State, local,
and tribal governments, as appropriate, to
enhance the ability of such agencies to respond
to a biological event of national concern; and
(2) oversee development and operation of the
National Biosurveillance Integration System.
(c) Requirements.--The NBIC shall detect, as early as
possible, a biological event of national concern that presents
a risk to the United States or the infrastructure or key assets
of the United States, including by--
(1) consolidating data from all relevant
surveillance systems maintained by Member Agencies to
detect biological events of national concern across
human, animal, and plant species;
(2) seeking private sources of surveillance, both
foreign and domestic, when such sources would enhance
coverage of critical surveillance gaps;
(3) using an information technology system that
uses the best available statistical and other
analytical tools to identify and characterize
biological events of national concern in as close to
real-time as is practicable;
(4) providing the infrastructure for such
integration, including information technology systems
and space, and support for personnel from Member
Agencies with sufficient expertise to enable analysis
and interpretation of data;
(5) working with Member Agencies to create
information technology systems that use the minimum
amount of patient data necessary and consider patient
confidentiality and privacy issues at all stages of
development and apprise the Privacy Officer of such
efforts; and
(6) alerting Member Agencies and, in coordination
with (and where possible through) Member Agencies,
public health agencies of State, local, and tribal
governments regarding any incident that could develop
into a biological event of national concern.
(d) Responsibilities of the Directing Officer of the
NBIC.--
(1) In general.--The Directing Officer of the NBIC
shall--
(A) on an ongoing basis, monitor the
availability and appropriateness of
surveillance systems used by the NBIC and those
systems that could enhance biological
situational awareness or the overall
performance of the NBIC;
(B) on an ongoing basis, review and seek to
improve the statistical and other analytical
methods used by the NBIC;
(C) receive and consider other relevant
homeland security information, as appropriate;
and
(D) provide technical assistance, as
appropriate, to all Federal, regional, State,
local, and tribal government entities and
private sector entities that contribute data
relevant to the operation of the NBIC.
(2) Assessments.--The Directing Officer of the NBIC
shall--
(A) on an ongoing basis, evaluate available
data for evidence of a biological event of
national concern; and
(B) integrate homeland security information
with NBIC data to provide overall situational
awareness and determine whether a biological
event of national concern has occurred.
(3) Information sharing.--
(A) In general.--The Directing Officer of
the NBIC shall--
(i) establish a method of real-time
communication with the National
Operations Center;
(ii) in the event that a biological
event of national concern is detected,
notify the Secretary and disseminate
results of NBIC assessments relating to
that biological event of national
concern to appropriate Federal response
entities and, in coordination with
relevant Member Agencies, regional,
State, local, and tribal governmental
response entities in a timely manner;
(iii) provide any report on NBIC
assessments to Member Agencies and, in
coordination with relevant Member
Agencies, any affected regional, State,
local, or tribal government, and any
private sector entity considered
appropriate that may enhance the
mission of such Member Agencies,
governments, or entities or the ability
of the Nation to respond to biological
events of national concern; and
(iv) share NBIC incident or
situational awareness reports, and
other relevant information, consistent
with the information sharing
environment established under section
1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6
U.S.C. 485) and any policies,
guidelines, procedures, instructions,
or standards established under that
section.
(B) Consultation.--The Directing Officer of
the NBIC shall implement the activities
described in subparagraph (A) consistent with
the 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)
and in consultation with the Director of
National Intelligence, the Under Secretary for
Intelligence and Analysis, and other offices or
agencies of the Federal Government, as
appropriate.
(e) Responsibilities of the NBIC Member Agencies.--
(1) In general.--Each Member Agency shall--
(A) use its best efforts to integrate
biosurveillance information into the NBIC, with
the goal of promoting information sharing
between Federal, State, local, and tribal
governments to detect biological events of
national concern;
(B) provide timely information to assist
the NBIC in maintaining biological situational
awareness for accurate detection and response
purposes;
(C) enable the NBIC to receive and use
biosurveillance information from member
agencies to carry out its requirements under
subsection (c);
(D) connect the biosurveillance data
systems of that Member Agency to the NBIC data
system under mutually agreed protocols that are
consistent with subsection (c)(5);
(E) participate in the formation of
strategy and policy for the operation of the
NBIC and its information sharing;
(F) provide personnel to the NBIC under an
interagency personnel agreement and consider
the qualifications of such personnel necessary
to provide human, animal, and environmental
data analysis and interpretation support to the
NBIC; and
(G) retain responsibility for the
surveillance and intelligence systems of that
department or agency, if applicable.
(f) Administrative Authorities.--
(1) Hiring of experts.--The Directing Officer of
the NBIC shall hire individuals with the necessary
expertise to develop and operate the NBIC.
(2) Detail of personnel.--Upon the request of the
Directing Officer of the NBIC, the head of any Federal
department or agency may detail, on a reimbursable
basis, any of the personnel of that department or
agency to the Department to assist the NBIC in carrying
out this section.
(g) NBIC Interagency Working Group.--The Directing Officer
of the NBIC shall--
(1) establish an interagency working group to
facilitate interagency cooperation and to advise the
Directing Officer of the NBIC regarding recommendations
to enhance the biosurveillance capabilities of the
Department; and
(2) invite Member Agencies to serve on that working
group.
(h) Relationship to Other Departments and Agencies.--The
authority of the Directing Officer of the NBIC under this
section shall not affect any authority or responsibility of any
other department or agency of the Federal Government with
respect to biosurveillance activities under any program
administered by that department or agency.
(i) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section.
(j) Definitions.--In this section:
(1) The terms ``biological agent'' and ``toxin''
have the meanings given those terms in section 178 of
title 18, United States Code.
(2) The term ``biological event of national
concern'' means--
(A) an act of terrorism involving a
biological agent or toxin; or
(B) a naturally occurring outbreak of an
infectious disease that may result in a
national epidemic.
(3) The term ``homeland security information'' has
the meaning given that term in section 892.
(4) The term ``Member Agency'' means any Federal
department or agency that, at the discretion of the
head of that department or agency, has entered a
memorandum of understanding regarding participation in
the NBIC.
(5) The term ``Privacy Officer'' means the Privacy
Officer appointed under section 222.

SEC. 317. [6 U.S.C. 195C] PROMOTING ANTITERRORISM THROUGH INTERNATIONAL
COOPERATION PROGRAM.

(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the
Director selected under subsection (b)(2).
(2) International cooperative activity.--The term
``international cooperative activity'' includes--
(A) coordinated research projects, joint
research projects, or joint ventures;
(B) joint studies or technical
demonstrations;
(C) coordinated field exercises, scientific
seminars, conferences, symposia, and workshops;
(D) training of scientists and engineers;
(E) visits and exchanges of scientists,
engineers, or other appropriate personnel;
(F) exchanges or sharing of scientific and
technological information; and
(G) joint use of laboratory facilities and
equipment.
(b) Science and Technology Homeland Security International
Cooperative Programs Office.--
(1) Establishment.--The Under Secretary shall
establish the Science and Technology Homeland Security
International Cooperative Programs Office.
(2) Director.--The Office shall be headed by a
Director, who--
(A) shall be selected, in consultation with
the Assistant Secretary for International
Affairs, by and shall report to the Under
Secretary; and
(B) may be an officer of the Department
serving in another position.
(3) Responsibilities.--
(A) Development of mechanisms.--The
Director shall be responsible for developing,
in coordination with the Department of State
and, as appropriate, the Department of Defense,
the Department of Energy, and other Federal
agencies, understandings and agreements to
allow and to support international cooperative
activity in support of homeland security.
(B) Priorities.--The Director shall be
responsible for developing, in coordination
with the Office of International Affairs and
other Federal agencies, strategic priorities
for international cooperative activity for the
Department in support of homeland security.
(C) Activities.--The Director shall
facilitate the planning, development, and
implementation of international cooperative
activity to address the strategic priorities
developed under subparagraph (B) through
mechanisms the Under Secretary considers
appropriate, including grants, cooperative
agreements, or contracts to or with foreign
public or private entities, governmental
organizations, businesses (including small
businesses and socially and economically
disadvantaged small businesses (as those terms
are defined in sections 3 and 8 of the Small
Business Act (15 U.S.C. 632 and 637),
respectively)), federally funded research and
development centers, and universities.
(D) Identification of partners.--The
Director shall facilitate the matching of
United States entities engaged in homeland
security research with non-United States
entities engaged in homeland security research
so that they may partner in homeland security
research activities.
(4) Coordination.--The Director shall ensure that
the activities under this subsection are coordinated
with the Office of International Affairs and the
Department of State and, as appropriate, the Department
of Defense, the Department of Energy, and other
relevant Federal agencies or interagency bodies. The
Director may enter into joint activities with other
Federal agencies.
(c) Matching Funding.--
(1) In general.--
(A) Equitability.--The Director shall
ensure that funding and resources expended in
international cooperative activity will be
equitably matched by the foreign partner
government or other entity through direct
funding, funding of complementary activities,
or the provision of staff, facilities,
material, or equipment.
(B) Grant matching and repayment.--
(i) In general.--The Secretary may
require a recipient of a grant under
this section--
(I) to make a matching
contribution of not more than
50 percent of the total cost of
the proposed project for which
the grant is awarded; and
(II) to repay to the
Secretary the amount of the
grant (or a portion thereof),
interest on such amount at an
appropriate rate, and such
charges for administration of
the grant as the Secretary
determines appropriate.
(ii) Maximum amount.--The Secretary
may not require that repayment under
clause (i)(II) be more than 150 percent
of the amount of the grant, adjusted
for inflation on the basis of the
Consumer Price Index.
(2) Foreign partners.--Partners may include Israel,
the United Kingdom, Canada, Australia, Singapore, and
other allies in the global war on terrorism as
determined to be appropriate by the Secretary of
Homeland Security and the Secretary of State.
(3) Loans of equipment.--The Director may make or
accept loans of equipment for research and development
and comparative testing purposes.
(d) Foreign Reimbursements.--If the Science and Technology
Homeland Security International Cooperative Programs Office
participates in an international cooperative activity with a
foreign partner on a cost-sharing basis, any reimbursements or
contributions received from that foreign partner to meet its
share of the project may be credited to appropriate current
appropriations accounts of the Directorate of Science and
Technology.
(e) Report to Congress on International Cooperative
Activities.--Not later than one year after the date of
enactment of this section, and every 5 years thereafter, the
Under Secretary, acting through the Director, shall submit to
Congress a report containing--
(1) a brief description of each grant, cooperative
agreement, or contract made or entered into under
subsection (b)(3)(C), including the participants,
goals, and amount and sources of funding; and
(2) a list of international cooperative activities
underway, including the participants, goals, expected
duration, and amount and sources of funding, including
resources provided to support the activities in lieu of
direct funding.
(f) Animal and Zoonotic Diseases.--As part of the
international cooperative activities authorized in this
section, the Under Secretary, in coordination with the Chief
Medical Officer, the Department of State, and appropriate
officials of the Department of Agriculture, the Department of
Defense, and the Department of Health and Human Services, may
enter into cooperative activities with foreign countries,
including African nations, to strengthen American preparedness
against foreign animal and zoonotic diseases overseas that
could harm the Nation's agricultural and public health sectors
if they were to reach the United States.
(g) Construction; Authorities of the Secretary of State.--
Nothing in this section shall be construed to alter or affect
the following provisions of law:
(1) Title V of the Foreign Relations Authorization
Act, Fiscal Year 1979 (22 U.S.C. 2656a et seq.).
(2) Section 112b(c) of title 1, United States Code.
(3) Section 1(e)(2) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)).
(4) Sections 2 and 27 of the Arms Export Control
Act (22 U.S.C. 2752 and 22 U.S.C. 2767).
(5) Section 622(c) of the Foreign Assistance Act of
1961 (22 U.S.C. 2382(c)).
(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as are
necessary.

TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

Subtitle A--Under Secretary for Border and Transportation Security

SEC. 401. [6 U.S.C. 201] UNDER SECRETARY FOR BORDER AND TRANSPORTATION
SECURITY.

There shall be in the Department a Directorate of Border and Transportation Security headed by an Under Secretary for Border and Transportation Security.

SEC. 402. [6 U.S.C. 202] RESPONSIBILITIES.

The Secretary, acting through the Under Secretary for
Border and Transportation Security, shall be responsible for
the following:
(1) Preventing the entry of terrorists and the
instruments of terrorism into the United States.
(2) Securing the borders, territorial waters,
ports, terminals, waterways, and air, land, and sea
transportation systems of the United States, including
managing and coordinating those functions transferred
to the Department at ports of entry.
(3) Carrying out the immigration enforcement
functions vested by statute in, or performed by, the
Commissioner of Immigration and Naturalization (or any
officer, employee, or component of the Immigration and
Naturalization Service) immediately before the date on
which the transfer of functions specified under section
441 takes effect.
(4) Establishing and administering rules, in
accordance with section 428, governing the granting of
visas or other forms of permission, including parole,
to enter the United States to individuals who are not a
citizen or an alien lawfully admitted for permanent
residence in the United States.
(5) Establishing national immigration enforcement
policies and priorities.
(6) Except as provided in subtitle C, administering
the customs laws of the United States.
(7) Conducting the inspection and related
administrative functions of the Department of
Agriculture transferred to the Secretary of Homeland
Security under section 421.
(8) In carrying out the foregoing responsibilities,
ensuring the speedy, orderly, and efficient flow of
lawful traffic and commerce.

SEC. 403. [6 U.S.C. 203] FUNCTIONS TRANSFERRED.

In accordance with title XV (relating to transition
provisions), there shall be transferred to the Secretary the
functions, personnel, assets, and liabilities of--
(1) the United States Customs Service of the
Department of the Treasury, including the functions of
the Secretary of the Treasury relating thereto;
(2) the Transportation Security Administration of
the Department of Transportation, including the
functions of the Secretary of Transportation, and of
the Under Secretary of Transportation for Security,
relating thereto;
(3) the Federal Protective Service of the General
Services Administration, including the functions of the
Administrator of General Services relating thereto;
(4) the Federal Law Enforcement Training Center of
the Department of the Treasury; and
(5) the Office for Domestic Preparedness of the
Office of Justice Programs, including the functions of
the Attorney General relating thereto.

Subtitle B--United States Customs Service

SEC. 411. [6 U.S.C. 211] ESTABLISHMENT; COMMISSIONER OF CUSTOMS.

(a) Establishment.--There is established in the Department
the United States Customs Service, under the authority of the
Under Secretary for Border and Transportation Security, which
shall be vested with those functions including, but not limited
to those set forth in section 415(7), and the personnel,
assets, and liabilities attributable to those functions.
(b) Commissioner of Customs.--
(1) In general.--There shall be at the head of the
Customs Service a Commissioner of Customs, who shall be
appointed by the President, by and with the advice and
consent of the Senate.

* * * * * * *

(3) Continuation in office.--The individual serving
as the Commissioner of Customs on the day before the
effective date of this Act may serve as the
Commissioner of Customs on and after such effective
date until a Commissioner of Customs is appointed under
paragraph (1).

SEC. 412. [6 U.S.C. 212] RETENTION OF CUSTOMS REVENUE FUNCTIONS BY
SECRETARY OF THE TREASURY.

(a) Retention of Customs Revenue Functions by Secretary of
the Treasury.--
(1) Retention of authority.--Notwithstanding
section 403(a)(1), authority related to Customs revenue
functions that was vested in the Secretary of the
Treasury by law before the effective date of this Act
under those provisions of law set forth in paragraph
(2) shall not be transferred to the Secretary by reason
of this Act, and on and after the effective date of
this Act, the Secretary of the Treasury may delegate
any such authority to the Secretary at the discretion
of the Secretary of the Treasury. The Secretary of the
Treasury shall consult with the Secretary regarding the
exercise of any such authority not delegated to the
Secretary.
(2) Statutes.--The provisions of law referred to in
paragraph (1) are the following: the Tariff Act of
1930; section 249 of the Revised Statutes of the United
States (19 U.S.C. 3); section 2 of the Act of March 4,
1923 (19 U.S.C. 6); section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c); section 251 of the Revised Statutes of the United
States (19 U.S.C. 66); section 1 of the Act of June 26,
1930 (19 U.S.C. 68); the Foreign Trade Zones Act (19
U.S.C. 81a et seq.); section 1 of the Act of March 2,
1911 (19 U.S.C. 198); the Trade Act of 1974; the Trade
Agreements Act of 1979; the North American Free Trade
Area Implementation Act; the Uruguay Round Agreements
Act; the Caribbean Basin Economic Recovery Act; the
Andean Trade Preference Act; the African Growth and
Opportunity Act; and any other provision of law vesting
customs revenue functions in the Secretary of the
Treasury.
(b) Maintenance of Customs Revenue Functions.--
(1) Maintenance of functions.--Notwithstanding any
other provision of this Act, the Secretary may not
consolidate, discontinue, or diminish those functions
described in paragraph (2) performed by the United
States Customs Service (as established under section
411) on or after the effective date of this Act, reduce
the staffing level, or reduce the resources
attributable to such functions, and the Secretary shall
ensure that an appropriate management structure is
implemented to carry out such functions.
(2) Functions.--The functions referred to in
paragraph (1) are those functions performed by the
following personnel, and associated support staff, of
the United States Customs Service on the day before the
effective date of this Act: Import Specialists, Entry
Specialists, Drawback Specialists, National Import
Specialist, Fines and Penalties Specialists, attorneys
of the Office of Regulations and Rulings, Customs
Auditors, International Trade Specialists, Financial
Systems Specialists.
(c) New Personnel.--The Secretary of the Treasury is
authorized to appoint up to 20 new personnel to work with
personnel of the Department in performing customs revenue
functions.

SEC. 413. [6 U.S.C. 213] PRESERVATION OF CUSTOMS FUNDS.

Notwithstanding any other provision of this Act, no funds available to the United States Customs Service or collected under paragraphs (1) through (8) of section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 may be transferred for use by any other agency or office in the Department.

SEC. 414. [6 U.S.C. 214] SEPARATE BUDGET REQUEST FOR CUSTOMS.

The President shall include in each budget transmitted to Congress under section 1105 of title 31, United States Code, a separate budget request for the United States Customs Service.

SEC. 415. [6 U.S.C. 215] DEFINITION.

In this subtitle, the term ``customs revenue function''
means the following:
(1) Assessing and collecting customs duties
(including antidumping and countervailing duties and
duties imposed under safeguard provisions), excise
taxes, fees, and penalties due on imported merchandise,
including classifying and valuing merchandise for
purposes of such assessment.
(2) Processing and denial of entry of persons,
baggage, cargo, and mail, with respect to the
assessment and collection of import duties.
(3) Detecting and apprehending persons engaged in
fraudulent practices designed to circumvent the customs
laws of the United States.
(4) Enforcing section 337 of the Tariff Act of 1930
and provisions relating to import quotas and the
marking of imported merchandise, and providing Customs
Recordations for copyrights, patents, and trademarks.
(5) Collecting accurate import data for compilation
of international trade statistics.
(6) Enforcing reciprocal trade agreements.
(7) Functions performed by the following personnel,
and associated support staff, of the United States
Customs Service on the day before the effective date of
this Act: Import Specialists, Entry Specialists,
Drawback Specialists, National Import Specialist, Fines
and Penalties Specialists, attorneys of the Office of
Regulations and Rulings, Customs Auditors,
International Trade Specialists, Financial Systems
Specialists.
(8) Functions performed by the following offices,
with respect to any function described in any of
paragraphs (1) through (7), and associated support
staff, of the United States Customs Service on the day
before the effective date of this Act: the Office of
Information and Technology, the Office of Laboratory
Services, the Office of the Chief Counsel, the Office
of Congressional Affairs, the Office of International
Affairs, and the Office of Training and Development.

SEC. 416. [6 U.S.C. 216] GAO REPORT TO CONGRESS.

Not later than 3 months after the effective date of this Act, the Comptroller General of the United States shall submit to Congress a report that sets forth all trade functions performed by the executive branch, specifying each agency that performs each such function.

SEC. 417. [6 U.S.C. 217] ALLOCATION OF RESOURCES BY THE SECRETARY.

(a) In General.--The Secretary shall ensure that adequate
staffing is provided to assure that levels of customs revenue
services provided on the day before the effective date of this
Act shall continue to be provided.
(b) Notification of Congress.--The Secretary shall notify
the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate at least 90 days
prior to taking any action which would--
(1) result in any significant reduction in customs
revenue services, including hours of operation,
provided at any office within the Department or any
port of entry;
(2) eliminate or relocate any office of the
Department which provides customs revenue services; or
(3) eliminate any port of entry.
(c) Definition.--In this section, the term ``customs
revenue services'' means those customs revenue functions
described in paragraphs (1) through (6) and paragraph (8) of
section 415.

SEC. 418. [6 U.S.C. 218] REPORTS TO CONGRESS.

(a) Continuing Reports.--The United States Customs Service shall, on and after the effective date of this Act, continue to submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate any report required, on the day before such the effective date of this Act, to be so submitted under any provision of law. (b) Report on Conforming Amendments.--Not later than 60 days after the date of enactment of this Act, the Secretary of the Treasury shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of proposed conforming amendments to the statutes set forth under section 412(a)(2) in order to determine the appropriate allocation of legal authorities described under this subsection. The Secretary of the Treasury shall also identify those authorities vested in the Secretary of the Treasury that are exercised by the Commissioner of Customs on or before the effective date of this section.

* * * * * * *

Subtitle C--Miscellaneous Provisions

SEC. 421. [6 U.S.C. 231] TRANSFER OF CERTAIN AGRICULTURAL INSPECTION
FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE.

(a) Transfer of Agricultural Import and Entry Inspection
Functions.--There shall be transferred to the Secretary the
functions of the Secretary of Agriculture relating to
agricultural import and entry inspection activities under the
laws specified in subsection (b).
(b) Covered Animal and Plant Protection Laws.--The laws
referred to in subsection (a) are the following:
(1) The Act commonly known as the Virus-Serum-Toxin
Act (the eighth paragraph under the heading ``Bureau of
Animal Industry'' in the Act of March 4, 1913; 21
U.S.C. 151 et seq.).
(2) Section 1 of the Act of August 31, 1922
(commonly known as the Honeybee Act; 7 U.S.C. 281).
(3) Title III of the Federal Seed Act (7 U.S.C.
1581 et seq.).
(4) The Plant Protection Act (7 U.S.C. 7701 et
seq.).
(5) The Animal Health Protection Act (subtitle E of
title X of Public Law 107-171; 7 U.S.C. 8301 et seq.).
(6) The Lacey Act Amendments of 1981 (16 U.S.C.
3371 et seq.).
(7) Section 11 of the Endangered Species Act of
1973 (16 U.S.C. 1540).
(c) Exclusion of Quarantine Activities.--For purposes of
this section, the term ``functions'' does not include any
quarantine activities carried out under the laws specified in
subsection (b).
(d) Effect of Transfer.--
(1) Compliance with department of agriculture
regulations.--The authority transferred pursuant to
subsection (a) shall be exercised by the Secretary in
accordance with the regulations, policies, and
procedures issued by the Secretary of Agriculture
regarding the administration of the laws specified in
subsection (b).
(2) Rulemaking coordination.--The Secretary of
Agriculture shall coordinate with the Secretary
whenever the Secretary of Agriculture prescribes
regulations, policies, or procedures for administering
the functions transferred under subsection (a) under a
law specified in subsection (b).
(3) Effective administration.--The Secretary, in
consultation with the Secretary of Agriculture, may
issue such directives and guidelines as are necessary
to ensure the effective use of personnel of the
Department of Homeland Security to carry out the
functions transferred pursuant to subsection (a).
(e) Transfer Agreement.--
(1) Agreement required; revision.--Before the end
of the transition period, as defined in section 1501,
the Secretary of Agriculture and the Secretary shall
enter into an agreement to effectuate the transfer of
functions required by subsection (a). The Secretary of
Agriculture and the Secretary may jointly revise the
agreement as necessary thereafter.
(2) Required terms.--The agreement required by this
subsection shall specifically address the following:
(A) The supervision by the Secretary of
Agriculture of the training of employees of the
Secretary to carry out the functions
transferred pursuant to subsection (a).
(B) The transfer of funds to the Secretary
under subsection (f).
(3) Cooperation and reciprocity.--The Secretary of
Agriculture and the Secretary may include as part of
the agreement the following:
(A) Authority for the Secretary to perform
functions delegated to the Animal and Plant
Health Inspection Service of the Department of
Agriculture regarding the protection of
domestic livestock and plants, but not
transferred to the Secretary pursuant to
subsection (a).
(B) Authority for the Secretary of
Agriculture to use employees of the Department
of Homeland Security to carry out authorities
delegated to the Animal and Plant Health
Inspection Service regarding the protection of
domestic livestock and plants.
(f) Periodic Transfer of Funds to Department of Homeland
Security.--
(1) Transfer of funds.--Out of funds collected by
fees authorized under sections 2508 and 2509 of the
Food, Agriculture, Conservation, and Trade Act of 1990
(21 U.S.C. 136, 136a), the Secretary of Agriculture
shall transfer, from time to time in accordance with
the agreement under subsection (e), to the Secretary
funds for activities carried out by the Secretary for
which such fees were collected.
(2) Limitation.--The proportion of fees collected
pursuant to such sections that are transferred to the
Secretary under this subsection may not exceed the
proportion of the costs incurred by the Secretary to
all costs incurred to carry out activities funded by
such fees.
(g) Transfer of Department of Agriculture Employees.--Not
later than the completion of the transition period defined
under section 1501, the Secretary of Agriculture shall transfer
to the Secretary not more than 3,200 full-time equivalent
positions of the Department of Agriculture.

* * * * * * *

SEC. 422. [6 U.S.C. 232] FUNCTIONS OF ADMINISTRATOR OF GENERAL
SERVICES.

(a) Operation, Maintenance, and Protection of Federal
Buildings and Grounds.--Nothing in this Act may be construed to
affect the functions or authorities of the Administrator of
General Services with respect to the operation, maintenance,
and protection of buildings and grounds owned or occupied by
the Federal Government and under the jurisdiction, custody, or
control of the Administrator. Except for the law enforcement
and related security functions transferred under section
403(3), the Administrator shall retain all powers, functions,
and authorities vested in the Administrator under chapter 10 of
title 40, United States Code, and other provisions of law that
are necessary for the operation, maintenance, and protection of
such buildings and grounds.
(b) Collection of Rents and Fees; Federal Buildings Fund.--
(1) Statutory construction.--Nothing in this Act
may be construed--
(A) to direct the transfer of, or affect,
the authority of the Administrator of General
Services to collect rents and fees, including
fees collected for protective services; or
(B) to authorize the Secretary or any other
official in the Department to obligate amounts
in the Federal Buildings Fund established by
section 490(f) of title 40, United States Code.
(2) Use of transferred amounts.--Any amounts
transferred by the Administrator of General Services to
the Secretary out of rents and fees collected by the
Administrator shall be used by the Secretary solely for
the protection of buildings or grounds owned or
occupied by the Federal Government.

SEC. 423. [6 U.S.C. 233] FUNCTIONS OF TRANSPORTATION SECURITY
ADMINISTRATION.

(a) Consultation With Federal Aviation Administration.--The
Secretary and other officials in the Department shall consult
with the Administrator of the Federal Aviation Administration
before taking any action that might affect aviation safety, air
carrier operations, aircraft airworthiness, or the use of
airspace. The Secretary shall establish a liaison office within
the Department for the purpose of consulting with the
Administrator of the Federal Aviation Administration.
(b) Report to Congress.--Not later than 60 days after the
date of enactment of this Act, the Secretary of Transportation
shall transmit to Congress a report containing a plan for
complying with the requirements of section 44901(d) of title
49, United States Code, as amended by section 425 of this Act.
(c) Limitations on Statutory Construction.--
(1) Grant of authority.--Nothing in this Act may be
construed to vest in the Secretary or any other
official in the Department any authority over
transportation security that is not vested in the Under
Secretary of Transportation for Security, or in the
Secretary of Transportation under chapter 449 of title
49, United States Code, on the day before the date of
enactment of this Act.
(2) Obligation of aip funds.--Nothing in this Act
may be construed to authorize the Secretary or any
other official in the Department to obligate amounts
made available under section 48103 of title 49, United
States Code.

SEC. 424. [6 U.S.C. 234] PRESERVATION OF TRANSPORTATION SECURITY
ADMINISTRATION AS A DISTINCT ENTITY.

(a) In General.--Notwithstanding any other provision of this Act, and subject to subsection (b), the Transportation Security Administration shall be maintained as a distinct entity within the Department under the Under Secretary for Border Transportation and Security. (b) Sunset.--Subsection (a) shall cease to apply 2 years after the date of enactment of this Act.

* * * * * * *

SEC. 427. [6 U.S.C. 235] COORDINATION OF INFORMATION AND INFORMATION
TECHNOLOGY.

(a) Definition of Affected Agency.--In this section, the term ``affected agency'' means-- (1) the Department; (2) the Department of Agriculture; (3) the Department of Health and Human Services; and (4) any other department or agency determined to be appropriate by the Secretary. (b) Coordination.--The Secretary, in coordination with the Secretary of Agriculture, the Secretary of Health and Human Services, and the head of each other department or agency determined to be appropriate by the Secretary, shall ensure that appropriate information (as determined by the Secretary) concerning inspections of articles that are imported or entered into the United States, and are inspected or regulated by 1 or more affected agencies, is timely and efficiently exchanged between the affected agencies. (c) Report and Plan.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, the Secretary of Health and Human Services, and the head of each other department or agency determined to be appropriate by the Secretary, shall submit to Congress-- (1) a report on the progress made in implementing this section; and (2) a plan to complete implementation of this section.

SEC. 428. [6 U.S.C. 236] VISA ISSUANCE.

(a) Definition.--In this subsection, the term ``consular
office'' has the meaning given that term under section
101(a)(9) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(9)).
(b) In General.--Notwithstanding section 104(a) of the
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other
provision of law, and except as provided in subsection (c) of
this section, the Secretary--
(1) shall be vested exclusively with all
authorities to issue regulations with respect to,
administer, and enforce the provisions of such Act, and
of all other immigration and nationality laws, relating
to the functions of consular officers of the United
States in connection with the granting or refusal of
visas, and shall have the authority to refuse visas in
accordance with law and to develop programs of homeland
security training for consular officers (in addition to
consular training provided by the Secretary of State),
which authorities shall be exercised through the
Secretary of State, except that the Secretary shall not
have authority to alter or reverse the decision of a
consular officer to refuse a visa to an alien; and
(2) shall have authority to confer or impose upon
any officer or employee of the United States, with the
consent of the head of the executive agency under whose
jurisdiction such officer or employee is serving, any
of the functions specified in paragraph (1).
(c) Authority of the Secretary of State.--
(1) In general.--Notwithstanding subsection (b),
the Secretary of State may direct a consular officer to
refuse a visa to an alien if the Secretary of State
deems such refusal necessary or advisable in the
foreign policy or security interests of the United
States.
(2) Construction regarding authority.--Nothing in
this section, consistent with the Secretary of Homeland
Security's authority to refuse visas in accordance with
law, shall be construed as affecting the authorities of
the Secretary of State under the following provisions
of law:
(A) Section 101(a)(15)(A) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(A)).
(B) Section 204(d)(2) of the Immigration
and Nationality Act (8 U.S.C. 1154) (as it will
take effect upon the entry into force of the
Convention on Protection of Children and
Cooperation in Respect to Inter-Country
adoption).
(C) Section 212(a)(3)(B)(i)(IV)(bb) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(i)(IV)(bb)).
(D) Section 212(a)(3)(B)(i)(VI) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(i)(VI)).
(E) Section 212(a)(3)(B)(vi)(II) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi)(II)).
(F) Section 212(a)(3)(C) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(C)).
(G) Section 212(a)(10)(C) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(10)(C)).
(H) Section 212(f) of the Immigration and
Nationality Act (8 U.S.C. 1182(f)).
(I) Section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
(J) Section 237(a)(4)(C) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)(C)).
(K) Section 401 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996
(22 U.S.C. 6034; Public Law 104-114).
(L) Section 613 of the Departments of
Commerce, Justice, and State, the Judiciary and
Related Agencies Appropriations Act, 1999 (as
contained in section 101(b) of division A of
Public Law 105-277) (Omnibus Consolidated and
Emergency Supplemental Appropriations Act,
1999); 112 Stat. 2681; H.R. 4328 (originally
H.R. 4276) as amended by section 617 of Public
Law 106-553.
(M) Section 103(f) of the Chemical Weapon
Convention Implementation Act of 1998 (112
Stat. 2681-865).
(N) Section 801 of H.R. 3427, the Admiral
James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000
and 2001, as enacted by reference in Public Law
106-113.
(O) Section 568 of the Foreign Operations,
Export Financing, and Related Programs
Appropriations Act, 2002 (Public Law 107-115).
(P) Section 51 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2723).
(d) Consular Officers and Chiefs of Missions.--
(1) In general.--Nothing in this section may be
construed to alter or affect--
(A) the employment status of consular
officers as employees of the Department of
State; or
(B) the authority of a chief of mission
under section 207 of the Foreign Service Act of
1980 (22 U.S.C. 3927).
(2) Construction regarding delegation of
authority.--Nothing in this section shall be construed
to affect any delegation of authority to the Secretary
of State by the President pursuant to any proclamation
issued under section 212(f) of the Immigration and
Nationality Act (8 U.S.C. 1182(f)), consistent with the
Secretary of Homeland Security's authority to refuse
visas in accordance with law.
(e) Assignment of Homeland Security Employees to Diplomatic
and Consular Posts.--
(1) In general.--The Secretary is authorized to
assign employees of the Department to each diplomatic
and consular post at which visas are issued, unless the
Secretary determines that such an assignment at a
particular post would not promote homeland security.
(2) Functions.--Employees assigned under paragraph
(1) shall perform the following functions:
(A) Provide expert advice and training to
consular officers regarding specific security
threats relating to the adjudication of
individual visa applications or classes of
applications.
(B) Review any such applications, either on
the initiative of the employee of the
Department or upon request by a consular
officer or other person charged with
adjudicating such applications.
(C) Conduct investigations with respect to
consular matters under the jurisdiction of the
Secretary.
(3) Evaluation of consular officers.--The Secretary
of State shall evaluate, in consultation with the
Secretary, as deemed appropriate by the Secretary, the
performance of consular officers with respect to the
processing and adjudication of applications for visas
in accordance with performance standards developed by
the Secretary for these procedures.
(4) Report.--The Secretary shall, on an annual
basis, submit a report to Congress that describes the
basis for each determination under paragraph (1) that
the assignment of an employee of the Department at a
particular diplomatic post would not promote homeland
security.
(5) Permanent assignment; participation in
terrorist lookout committee.--When appropriate,
employees of the Department assigned to perform
functions described in paragraph (2) may be assigned
permanently to overseas diplomatic or consular posts
with country-specific or regional responsibility. If
the Secretary so directs, any such employee, when
present at an overseas post, shall participate in the
terrorist lookout committee established under section
304 of the Enhanced Border Security and Visa Entry
Reform Act of 2002 (8 U.S.C. 1733).
(6) Training and hiring.--
(A) In general.--The Secretary shall
ensure, to the extent possible, that any
employees of the Department assigned to perform
functions under paragraph (2) and, as
appropriate, consular officers, shall be
provided the necessary training to enable them
to carry out such functions, including training
in foreign languages, interview techniques, and
fraud detection techniques, in conditions in
the particular country where each employee is
assigned, and in other appropriate areas of
study.
(B) Use of center.--The Secretary is
authorized to use the National Foreign Affairs
Training Center, on a reimbursable basis, to
obtain the training described in subparagraph
(A).
(7) Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary and the
Secretary of State shall submit to Congress--
(A) a report on the implementation of this
subsection; and
(B) any legislative proposals necessary to
further the objectives of this subsection.
(8) Effective date.--This subsection shall take
effect on the earlier of--
(A) the date on which the President
publishes notice in the Federal Register that
the President has submitted a report to
Congress setting forth a memorandum of
understanding between the Secretary and the
Secretary of State governing the implementation
of this section; or
(B) the date occurring 1 year after the
date of enactment of this Act.
(f) No Creation of Private Right of Action.--Nothing in
this section shall be construed to create or authorize a
private right of action to challenge a decision of a consular
officer or other United States official or employee to grant or
deny a visa.
(g) Study Regarding Use of Foreign Nationals.--
(1) In general.--The Secretary of Homeland Security
shall conduct a study of the role of foreign nationals
in the granting or refusal of visas and other documents
authorizing entry of aliens into the United States. The
study shall address the following:
(A) The proper role, if any, of foreign
nationals in the process of rendering decisions
on such grants and refusals.
(B) Any security concerns involving the
employment of foreign nationals.
(C) Whether there are cost-effective
alternatives to the use of foreign nationals.
(2) Report.--Not later than 1 year after the date
of the enactment of this Act, the Secretary shall
submit a report containing the findings of the study
conducted under paragraph (1) to the Committee on the
Judiciary, the Committee on International Relations,
and the Committee on Government Reform of the House of
Representatives, and the Committee on the Judiciary,
the Committee on Foreign Relations, and the Committee
on Government Affairs of the Senate.
(h) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Science
and Technology Policy shall submit to Congress a report on how
the provisions of this section will affect procedures for the
issuance of student visas.
(i) Visa Issuance Program for Saudi Arabia.--
Notwithstanding any other provision of law, after the date of
the enactment of this Act all third party screening programs in
Saudi Arabia shall be terminated. On-site personnel of the
Department of Homeland Security shall review all visa
applications prior to adjudication.

SEC. 429. [6 U.S.C. 237] INFORMATION ON VISA DENIALS REQUIRED TO BE
ENTERED INTO ELECTRONIC DATA SYSTEM.

(a) In General.--Whenever a consular officer of the United
States denies a visa to an applicant, the consular officer
shall enter the fact and the basis of the denial and the name
of the applicant into the interoperable electronic data system
implemented under section 202(a) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1722(a)).
(b) Prohibition.--In the case of any alien with respect to
whom a visa has been denied under subsection (a)--
(1) no subsequent visa may be issued to the alien
unless the consular officer considering the alien's
visa application has reviewed the information
concerning the alien placed in the interoperable
electronic data system, has indicated on the alien's
application that the information has been reviewed, and
has stated for the record why the visa is being issued
or a waiver of visa ineligibility recommended in spite
of that information; and
(2) the alien may not be admitted to the United
States without a visa issued in accordance with the
procedures described in paragraph (1).

SEC. 430. [6 U.S.C. 238] OFFICE FOR DOMESTIC PREPAREDNESS.

(a) In General.--The Office for Domestic Preparedness shall
be within the Directorate of Border and Transportation
Security.
(b) Director.--There shall be a Director of the Office for
Domestic Preparedness, who shall be appointed by the President,
by and with the advice and consent of the Senate. The Director
of the Office for Domestic Preparedness shall report directly
to the Under Secretary for Border and Transportation Security.
(c) Responsibilities.--The Office for Domestic Preparedness
shall have the primary responsibility within the executive
branch of Government for the preparedness of the United States
for acts of terrorism, including--
(1) coordinating preparedness efforts at the
Federal level, and working with all State, local,
tribal, parish, and private sector emergency response
providers on all matters pertaining to combating
terrorism, including training, exercises, and equipment
support;
(2) coordinating or, as appropriate, consolidating
communications and systems of communications relating
to homeland security at all levels of government;
(3) directing and supervising terrorism
preparedness grant programs of the Federal Government
(other than those programs administered by the
Department of Health and Human Services) for all
emergency response providers;
(4) incorporating the Strategy priorities into
planning guidance on an agency level for the
preparedness efforts of the Office for Domestic
Preparedness;
(5) providing agency-specific training for agents
and analysts within the Department, other agencies, and
State and local agencies and international entities;
(6) as the lead executive branch agency for
preparedness of the United States for acts of
terrorism, cooperating closely with the Federal
Emergency Management Agency, which shall have the
primary responsibility within the executive branch to
prepare for and mitigate the effects of nonterrorist-
related disasters in the United States;
(7) assisting and supporting the Secretary, in
coordination with other Directorates and entities
outside the Department, in conducting appropriate risk
analysis and risk management activities of State,
local, and tribal governments consistent with the
mission and functions of the Directorate;
(8) those elements of the Office of National
Preparedness of the Federal Emergency Management Agency
which relate to terrorism, which shall be consolidated
within the Department in the Office for Domestic
Preparedness established under this section; and
(9) helping to ensure the acquisition of
interoperable communication technology by State and
local governments and emergency response providers.
(d) Fiscal Years 2003 and 2004.--During fiscal year 2003
and fiscal year 2004, the Director of the Office for Domestic
Preparedness established under this section shall manage and
carry out those functions of the Office for Domestic
Preparedness of the Department of Justice (transferred under
this section) before September 11, 2001, under the same terms,
conditions, policies, and authorities, and with the required
level of personnel, assets, and budget before September 11,
2001.

SEC. 431. [6 U.S.C. 239] OFFICE OF CARGO SECURITY POLICY.

(a) Establishment.--There is established within the
Department an Office of Cargo Security Policy (referred to in
this section as the ``Office'').
(b) Purpose.--The Office shall--
(1) coordinate all Department policies relating to
cargo security; and
(2) consult with stakeholders and coordinate with
other Federal agencies in the establishment of
standards and regulations and to promote best
practices.
(c) Director.--
(1) Appointment.--The Office shall be headed by a
Director, who shall--
(A) be appointed by the Secretary; and
(B) report to the Assistant Secretary for
Policy.
(2) Responsibilities.--The Director shall--
(A) advise the Assistant Secretary for
Policy in the development of Department-wide
policies regarding cargo security;
(B) coordinate all policies relating to
cargo security among the agencies and offices
within the Department relating to cargo
security; and
(C) coordinate the cargo security policies
of the Department with the policies of other
executive agencies.

Subtitle D--Immigration Enforcement Functions

SEC. 441. [6 U.S.C. 251] TRANSFER OF FUNCTIONS TO UNDER SECRETARY FOR
BORDER AND TRANSPORTATION SECURITY.

In accordance with title XV (relating to transition
provisions), there shall be transferred from the Commissioner
of Immigration and Naturalization to the Under Secretary for
Border and Transportation Security all functions performed
under the following programs, and all personnel, assets, and
liabilities pertaining to such programs, immediately before
such transfer occurs:
(1) The Border Patrol program.
(2) The detention and removal program.
(3) The intelligence program.
(4) The investigations program.
(5) The inspections program.

SEC. 442. [6 U.S.C. 252] ESTABLISHMENT OF BUREAU OF BORDER SECURITY.

(a) Establishment of Bureau.--
(1) In general.--There shall be in the Department
of Homeland Security a bureau to be known as the
``Bureau of Border Security''.
(2) Assistant secretary.--The head of the Bureau of
Border Security shall be the Assistant Secretary of the
Bureau of Border Security, who--
(A) shall report directly to the Under
Secretary for Border and Transportation
Security; and
(B) shall have a minimum of 5 years
professional experience in law enforcement, and
a minimum of 5 years of management experience.
(3) Functions.--The Assistant Secretary of the
Bureau of Border Security--
(A) shall establish the policies for
performing such functions as are--
(i) transferred to the Under
Secretary for Border and Transportation
Security by section 441 and delegated
to the Assistant Secretary by the Under
Secretary for Border and Transportation
Security; or
(ii) otherwise vested in the
Assistant Secretary by law;
(B) shall oversee the administration of
such policies; and
(C) shall advise the Under Secretary for
Border and Transportation Security with respect
to any policy or operation of the Bureau of
Border Security that may affect the Bureau of
Citizenship and Immigration Services
established under subtitle E, including
potentially conflicting policies or operations.
(4) Program to collect information relating to
foreign students.--The Assistant Secretary of the
Bureau of Border Security shall be responsible for
administering the program to collect information
relating to nonimmigrant foreign students and other
exchange program participants described in section 641
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), including
the Student and Exchange Visitor Information System
established under that section, and shall use such
information to carry out the enforcement functions of
the Bureau.
(5) Managerial rotation program.--
(A) In general.--Not later than 1 year
after the date on which the transfer of
functions specified under section 441 takes
effect, the Assistant Secretary of the Bureau
of Border Security shall design and implement a
managerial rotation program under which
employees of such bureau holding positions
involving supervisory or managerial
responsibility and classified, in accordance
with chapter 51 of title 5, United States Code,
as a GS-14 or above, shall--
(i) gain some experience in all the
major functions performed by such
bureau; and
(ii) work in at least one local
office of such bureau.
(B) Report.--Not later than 2 years after
the date on which the transfer of functions
specified under section 441 takes effect, the
Secretary shall submit a report to the Congress
on the implementation of such program.
(b) Chief of Policy and Strategy.--
(1) In general.--There shall be a position of Chief
of Policy and Strategy for the Bureau of Border
Security.
(2) Functions.--In consultation with Bureau of
Border Security personnel in local offices, the Chief
of Policy and Strategy shall be responsible for--
(A) making policy recommendations and
performing policy research and analysis on
immigration enforcement issues; and
(B) coordinating immigration policy issues
with the Chief of Policy and Strategy for the
Bureau of Citizenship and Immigration Services
(established under subtitle E), as appropriate.
(c) Legal Advisor.--There shall be a principal legal
advisor to the Assistant Secretary of the Bureau of Border
Security. The legal advisor shall provide specialized legal
advice to the Assistant Secretary of the Bureau of Border
Security and shall represent the bureau in all exclusion,
deportation, and removal proceedings before the Executive
Office for Immigration Review.

SEC. 443. [6 U.S.C. 253] PROFESSIONAL RESPONSIBILITY AND QUALITY
REVIEW.

The Under Secretary for Border and Transportation Security
shall be responsible for--
(1) conducting investigations of noncriminal
allegations of misconduct, corruption, and fraud
involving any employee of the Bureau of Border Security
that are not subject to investigation by the Inspector
General for the Department;
(2) inspecting the operations of the Bureau of
Border Security and providing assessments of the
quality of the operations of such bureau as a whole and
each of its components; and
(3) providing an analysis of the management of the
Bureau of Border Security.

SEC. 444. [6 U.S.C. 254] EMPLOYEE DISCIPLINE.

The Under Secretary for Border and Transportation Security may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies and procedures applicable to employees of the Federal Bureau of Investigation, on any employee of the Bureau of Border Security who willfully deceives the Congress or agency leadership on any matter.

SEC. 445. [6 U.S.C. 255] REPORT ON IMPROVING ENFORCEMENT FUNCTIONS.

(a) In General.--The Secretary, not later than 1 year after being sworn into office, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report with a plan detailing how the Bureau of Border Security, after the transfer of functions specified under section 441 takes effect, will enforce comprehensively, effectively, and fairly all the enforcement provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) relating to such functions. (b) Consultation.--In carrying out subsection (a), the Secretary of Homeland Security shall consult with the Attorney General, the Secretary of State, the Director of the Federal Bureau of Investigation, the Secretary of the Treasury, the Secretary of Labor, the Commissioner of Social Security, the Director of the Executive Office for Immigration Review, and the heads of State and local law enforcement agencies to determine how to most effectively conduct enforcement operations.

SEC. 446. [6 U.S.C. 256] SENSE OF CONGRESS REGARDING CONSTRUCTION OF
FENCING NEAR SAN DIEGO, CALIFORNIA.

It is the sense of the Congress that completing the 14-mile border fence project required to be carried out under section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) should be a priority for the Secretary.

Subtitle E--Citizenship and Immigration Services

SEC. 451. [6 U.S.C. 271] ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND
IMMIGRATION SERVICES.