Homeland Security Act of 2002 Part 6

SEC. 315. EMERGENCY COMMUNICATIONS INTEROPERABILITY RESEARCH AND DEVELOPMENT.

(a) In General.--The Under Secretary for Science and Technology, acting through the Director of the Office for Interoperability and Compatibility, shall establish a comprehensive research and development program to support and promote-- (1) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and (2) interoperable emergency communications capabilities among emergency response providers and relevant government officials, including by-- (A) supporting research on a compet.i.tive basis, including through the Directorate of Science and Technology and Homeland Security Advanced Research Projects Agency; and (B) considering the establishment of a Center of Excellence under the Department of Homeland Security Centers of Excellence Program focused on improving emergency response providers' communication capabilities.

(b) Purposes.--The purposes of the program established under subsection (a) include-- (1) supporting research, development, testing, and evaluation on emergency communication capabilities; (2) understanding the strengths and weaknesses of the public safety communications systems in use; (3) examining how current and emerging technology can make emergency response providers more effective, and how Federal, State, local, and tribal government agencies can use this technology in a coherent and cost-effective manner; (4) investigating technologies that could lead to long-term advancements in emergency communications capabilities and supporting research on advanced technologies and potential systemic changes to dramatically improve emergency communications; and (5) evaluating and validating advanced technology concepts, and facilitating the development and deployment of interoperable emergency communication capabilities.

(c) Definitions.--For purposes of this section, the term ''interoperable'', with respect to emergency communications, has the meaning given the term in section 1808.

SEC. 316. [6 U.S.C. 195B] NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

(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 a.n.a.lyzing 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 a.s.sets 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 a.n.a.lytical 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 s.p.a.ce, and support for personnel from Member Agencies with sufficient expertise to enable a.n.a.lysis 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 a.n.a.lytical methods used by the NBIC; (C) receive and consider other relevant homeland security information, as appropriate; and (D) provide technical a.s.sistance, as appropriate, to all Federal, regional, State, local, and tribal government ent.i.ties and private sector ent.i.ties that contribute data relevant to the operation of the NBIC.

(2) a.s.sessments.--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 a.s.sessments relating to that biological event of national concern to appropriate Federal response ent.i.ties and, in coordination with relevant Member Agencies, regional, State, local, and tribal governmental response ent.i.ties in a timely manner; (iii) provide any report on NBIC a.s.sessments to Member Agencies and, in coordination with relevant Member Agencies, any affected regional, State, local, or tribal government, and any private sector ent.i.ty considered appropriate that may enhance the mission of such Member Agencies, governments, or ent.i.ties 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 a.n.a.lysis, 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 a.s.sist 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) partic.i.p.ate 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 a.n.a.lysis 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 a.s.sist 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) Relations.h.i.+p 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 t.i.tle 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 partic.i.p.ation in the NBIC.

(5) The term ''Privacy Officer'' means the Privacy Officer appointed under section 222.

SEC. 317. [6 U.S.C. 195C] PROMOTING ANt.i.tERRORISM 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 a.s.sistant 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 ent.i.ties, 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 ent.i.ties engaged in homeland security research with non-United States ent.i.ties 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 ent.i.ty 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 Reimburs.e.m.e.nts.--If the Science and Technology Homeland Security International Cooperative Programs Office partic.i.p.ates in an international cooperative activity with a foreign partner on a cost-sharing basis, any reimburs.e.m.e.nts 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 partic.i.p.ants, goals, and amount and sources of funding; and (2) a list of international cooperative activities underway, including the partic.i.p.ants, 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) t.i.tle V of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656a et seq.).

(2) Section 112b(c) of t.i.tle 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 a.s.sistance 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.

t.i.tLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

Subt.i.tle 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) Establis.h.i.+ng 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) Establis.h.i.+ng national immigration enforcement policies and priorities.

(6) Except as provided in subt.i.tle 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 t.i.tle XV (relating to transition provisions), there shall be transferred to the Secretary the functions, personnel, a.s.sets, 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.

Subt.i.tle 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, a.s.sets, 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 a.s.sociated 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.