Comprehensive homeland security act

To enhance homeland security and for other purposes.

IN THE SENATE OF THE UNITED STATES

January 7, 2003

Mr. DASCHLE (for himself, Mr. KENNEDY, Mr. BIDEN, Mr. LEAHY, Mr. LEVIN, Mr. ROCKEFELLER, Mr. LIEBERMAN, Mr. AKAKA, Mrs. MURRAY, Mr. DURBIN, Mr. SCHUMER, Mrs. CLINTON, Mr. CORZINE, Ms. STABENOW, Mr. JEFFORDS, and Mr. REID) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To enhance homeland security and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Comprehensive Homeland Security Act of 2003'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--FIRST RESPONDER TERRORISM PREPAREDNESS

Sec. 1001. Short title; table of contents.

Sec. 1003. Definitions.

Sec. 1004. First Responders Partnership Grant Program for Public Safety Officers.

Sec. 1005. Applications.

Sec. 1006. Authorization of appropriations.

TITLE II--STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE

Sec. 2001. Staffing for adequate fire and emergency response.

Sec. 2002. Conforming amendment.

TITLE III--SENSITIVE NUCLEAR FACILITIES

Sec. 3001. Short title.

Sec. 3002. Definitions.

Sec. 3003. Nuclear facility security.

Sec. 3004. Office of nuclear security and incident response.

Sec. 3005. Carrying of weapons by licensee employees.

Sec. 3006. Sensitive radioactive material security.

Sec. 3007. Unauthorized introduction of dangerous weapons.

Sec. 3008. Sabotage of nuclear facilities or fuel.

Sec. 3009. Evaluation of adequacy of enforcement provisions.

Sec. 3010. Protection of whistleblowers.

Sec. 3011. Technical and conforming amendment.

Sec. 3012. Authorization of appropriations.

TITLE IV--RAIL SECURITY ACT

Sec. 4001. Short title.

Sec. 4002. Emergency Amtrak assistance.

Sec. 4003. Rail security.

Sec. 4004. Rail transportation security risk assessment.

TITLE V--WATER INFRASTRUCTURE SECURITY AND RESEARCH DEVELOPMENT

Sec. 5001. Short title.

Sec. 5002. Protection from terrorist and other harmful intentional acts.

Sec. 5003. Research and review.

Sec. 5004. Refinement of vulnerability assessment tools for publicly owned treatment works.

TITLE VI--ENHANCING BORDER SECURITY

Subtitle A--Immigration and Naturalization Service

Sec. 6101. Additional personnel at the Immigration and Naturalization Service.

Sec. 6102. Technological improvements by the INS to improve border security.

Subtitle B--United States Customs Service

Sec. 6201. Additional personnel at the United States Customs Service.

Sec. 6202. Technological improvements by the Customs Service to improve border security.

Subtitle C--Bureau of Border Security

Sec. 6301. Additional personnel at the Bureau of Border Security.

Sec. 6302. Technological improvements by the Bureau of Border Security to improve border security.

TITLE VII--PUBLIC HEALTH SECURITY AND BIOTERRORISM PREPAREDNESS

Sec. 7001. Sense of Congress on smallpox vaccination.

Sec. 7002. Aid to States for smallpox vaccination programs.

Sec. 7003. Smallpox vaccine injury compensation program.

Sec. 7004. Increase in authorizations for bioterrorism security and preparedness.

TITLE VIII--INFORMATION SECURITY

Subtitle A--Information Technology Fund to Enhance Homeland Defense, Information Security, and Defenses Against Other Threats

Sec. 8101. Establishment of fund.

Sec. 8102. Selection procedures.

Sec. 8103. Administration of fund.

Sec. 8104. Report to Congress.

Sec. 8105. Authorization of appropriations.

Subtitle B--Protection of Voluntarily Furnished Confidential Information

Sec. 8201. Definitions.

Sec. 8202. Protection of confidential information.

Sec. 8203. Report to Congress.

Sec. 8204. Amendments to Homeland Security Act of 2002.

Subtitle C--Interoperability of Information Systems

Sec. 8301. Interoperability of information systems.

TITLE IX--WEAPONS OF MASS DESTRUCTION

Sec. 9001. Security of certain radiological and nuclear materials.

Sec. 9002. Assistance for International Atomic Energy Agency regarding safeguard and inspection of nuclear facilities abroad.

Sec. 9003. Assistance for International Atomic Energy Agency to counter nuclear terrorism.

Sec. 9004. Acceleration and expansion of materials protection, control, and accounting program.

Sec. 9005. Border security and export control.

Sec. 9006. Reuse of Russian nuclear facilities.

Sec. 9007. Research and development involving alternative use of weapons of mass destruction expertise.

Sec. 9008. Expansion initiatives for proliferation prevention program.

Sec. 9009. Acceleration of highly enriched uranium disposition program.

Sec. 9010. Acceleration of destruction of chemical weapons facilities and infrastructure.

Sec. 9011. Acceleration of biological materials protection, control, and accounting program.

Sec. 9012. Russian tactical nuclear weapons.

Sec. 9013. Authorization of use of cooperative threat reduction funds for projects and activities outside the former Soviet Union.

Sec. 9014. Repeal of certain limitations on uses of funds.

TITLE X--INTELLIGENCE

Subtitle A--Intelligence Community Leadership

Sec. 10001. Short title.

Sec. 10002. Reorganization and improvement of management of intelligence community.

Sec. 10003. Ten-year term of service for the Director of National Intelligence.

Sec. 10004. Executive schedule matters.

Sec. 10005. Conforming and clerical amendments.

Subtitle B--Other Matters

Sec. 10011. Discharge of certain intelligence activities by the Department of Homeland Security.

TITLE XI--CHEMICAL SECURITY

Sec. 11001. Short title.

Sec. 11003. Definitions.

Sec. 11004. Designation of and requirements for high priority categories.

Sec. 11005. Enforcement.

Sec. 11006. Recordkeeping and entry.

Sec. 11008. No effect on requirements under other law.

Sec. 11009. Authorization of appropriations.

TITLE XII--HOME SECURITY FUNDING

Sec. 12001. Homeland security funding.

TITLE XIII--SUPPORT FOR LAW ENFORCEMENT

Sec. 13001. Short title.

Sec. 13002. Authorizations.

Sec. 13003. Rural law enforcement retention grant program.

Sec. 13004. Rural law enforcement technology grant program.

Sec. 13005. Rural 9-1-1 service.

TITLE I--FIRST RESPONDER TERRORISM PREPAREDNESS

SEC. 1001. SHORT TITLE.

This title may be cited as the `First Responders Partnership Grant Act of 2003'.

SEC. 1002. PURPOSE.

The purpose of this Act is to support first responders to protect homeland security and prevent and respond to acts of terrorism.

SEC. 1003. DEFINITIONS.

(1) INDIAN TRIBE- The term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).

(2) LAW ENFORCEMENT OFFICER- The term `law enforcement officer' means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders.

(3) PUBLIC SAFETY OFFICER- The term `public safety officer' means any person serving a public

agency with or without compensation as a law enforcement officer, as a firefighter, or as a member of a rescue squad or ambulance crew.

(4) STATE- The term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

(5) UNIT OF LOCAL GOVERNMENT- The term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level.

SEC. 1004. FIRST RESPONDERS PARTNERSHIP GRANT PROGRAM FOR PUBLIC SAFETY OFFICERS.

(a) IN GENERAL- The Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, and Indian tribes to support public safety officers in their efforts to protect homeland security and prevent and respond to acts of terrorism.

(b) USES OF FUNDS- Grants awarded under this section shall be--

(1) distributed directly to the State, unit of local government, or Indian tribe; and

(2) used to fund equipment, training, and facilities to support public safety officers in their efforts to protect homeland security and prevent and respond to acts of terrorism.

(c) MINIMUM AMOUNT- Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.25 percent.

(d) MAXIMUM AMOUNT- A qualifying State, unit of local government, or Indian tribe may not receive more than 5 percent of the total amount appropriated in each fiscal year for grants under this section, except that a State, together with the grantees within the State may not receive more than 20 percent of the total amount appropriated in each fiscal year for grants under this section.

(e) MATCHING FUNDS- The portion of the costs of a program provided by a grant under subsection (a) may not exceed 90 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection.

SEC. 1005. APPLICATIONS.

(a) IN GENERAL- To request a grant under this title, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Director of the Bureau of Justice Assistance in such form and containing such information as the Director may reasonably require.

(b) REGULATIONS- Not later than 90 days after the date of enactment of this Act, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section.

SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this title, $4,000,000,000 for each of the fiscal years 2003 through 2005.

TITLE II--STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE

SEC. 2001. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.

Title III of the Workforce Investment Act of 1998 (Public Law 105-220; 112 Stat. 1080) is amended by adding at the end the following:

`Subtitle E--Staffing for Adequate Fire and Emergency Response

`SEC. 351. SHORT TITLE.

`This subtitle may be cited as the `Staffing for Adequate Fire and Emergency Response Act of 2003' or as the `SAFER Act of 2003'.

`SEC. 352. PURPOSES.

`The purposes of this subtitle are--

`(1) to expand on the firefighter assistance grant program under section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229), in order to ensure adequate funding to increase the number of firefighting personnel throughout the Nation;

`(2) to substantially increase the hiring of firefighters so that communities can--

`(A) meet industry minimum standards for providing adequate protection from acts of terrorism and hazards; and

`(B) enhance the ability of firefighter units to save lives, save property, and effectively respond to all types of emergencies; and

`(3) to promote that substantial increase in hiring by establishing a program of grants, authorized for 7 years, to provide direct funding to States, units of local government, and Indian tribal organizations for firefighter salaries and benefits.

`SEC. 353. DEFINITIONS.

`In this subtitle:

`(1) ELIGIBLE ENTITY- The term `eligible entity' means--

`(A) a State, a unit of local government, a tribal organization, or another public entity; or

`(B) a multi-jurisdictional or regional consortia of entities described in subparagraph (A).

`(2) FIREFIGHTER- The term `firefighter' has the meaning given the term `employee in fire protection activities' in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).

`(3) INDIAN TRIBE; TRIBAL ORGANIZATION- The terms `Indian tribe' and `tribal organization' have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

`(4) SECRETARY- The term `Secretary' means the Secretary of Labor, acting after consultation with the Director of the Federal Emergency Management Agency.

`(5) STATE- The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

`SEC. 354. AUTHORITY TO MAKE GRANTS.

`(a) DEFINITION- In this section, the term `qualifying entity', used with respect to a fiscal year, means any eligible entity (including a State) that has submitted an application under section 355 for the fiscal year that meets the requirements of this subtitle and such additional requirements as the Secretary may prescribe.

`(b) GRANT AUTHORIZATION- The Secretary may make grants to eligible entities to pay for the Federal share of the cost of carrying out projects to hire firefighters.

`(c) MINIMUM AMOUNT-

`(1) AMOUNT- For any fiscal year, the Secretary shall ensure that the qualifying entities in each State shall receive, through grants made under this section, a total amount that is not less than 1/2 of 1 percent of the amount appropriated under section 362 for the fiscal year.

`(2) EXCEPTION- Paragraph (1) shall not apply for a fiscal year if the Secretary makes a grant under this section to every qualifying entity for the fiscal year.

`(d) GRANT PERIODS- The Secretary may make grants under this section for periods of 3 years.

`(e) FEDERAL SHARE-

`(1) IN GENERAL- The Federal share of the cost of carrying out a project to hire firefighters under this subtitle shall be not more than 75 percent.

`(2) NON-FEDERAL SHARE- The non-Federal share shall be provided--

`(B) in the case of a State or unit of local government, from assets received through an asset forfeiture program; or

`(C) in the case of a tribal organization or the Bureau of Indian Affairs, from any Federal funds made available for firefighting functions to assist an Indian tribe.

`(3) WAIVER- The Secretary may waive the requirements of paragraphs (1) and (2) for an eligible entity.

`SEC. 355. APPLICATIONS.

`(a) IN GENERAL- To be eligible to receive a grant under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may prescribe.

`(b) CONTENTS- Each such application shall--

`(1) include a long-term strategy and detailed implementation plan, for the hiring to be conducted under the grant, that reflects consultation with community groups and appropriate private and public agencies and reflects consideration of a statewide strategy for such hiring;

`(2) specify the reasons why the entity is unable to hire sufficient firefighters to address the entity's needs, without Federal assistance;

`(3)(A) specify the average number of firefighters employed by the entity during the fiscal year prior to the fiscal year for which the application is submitted; and

`(B) outline the initial and planned level of community support for implementing the strategy and plan, including the level of financial and in-kind contributions or other tangible commitments;

`(4)(A) specify plans for obtaining necessary support and continuing the employment of a greater number of firefighters than the number specified under paragraph (3)(A), following the conclusion of Federal assistance under this subtitle; and

`(B) include an assurance that the entity will continue the employment of firefighters hired with funds made available through the grant for at least 1 year after the end of the grant period; and

`(5) include assurances that the entity will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minority groups and women in order to increase the ranks of minorities and women within the entity's firefighter units.

`(c) SMALL JURISDICTIONS- Notwithstanding any other provision of this subtitle, the Secretary may waive 1 or more of the requirements of subsection (b), and may make special provisions to facilitate the expedited submission, processing, and approval of an application under this section, for an eligible entity that is a unit of local government, or an eligible entity serving a fire district, that has jurisdiction over an area with a population of less than 50,000.

`(d) PREFERENCE- In awarding grants under this subtitle, the Secretary--

`(1) shall give preference to a unit of local government; and

`(2) may give preference, where feasible, to an eligible entity that submits an application containing a plan that--

`(A) provides for hiring (including rehiring) career firefighters; and

`(B) requires the entity to contribute a non-Federal share of more than 25 percent of the cost of carrying out a project to hire the firefighters.

`(e) STATE AND LOCAL APPLICATIONS- If a unit of local government for a community, and the State in which the community is located, submit applications under this section for a fiscal year to carry out a project in a community, and the unit of local government and State are qualifying entities under section 354(a), the Secretary--

`(1) shall make a grant under this subtitle to the unit of local government for that year; and

`(2) shall not make a grant under this subtitle to the State to carry out a project in that community for that year.

`SEC. 356. USE OF FUNDS.

`(a) IN GENERAL- An eligible entity that receives a grant under this subtitle shall use the funds made available through the grant to hire career firefighters. The funds may only be used to increase the number of firefighters employed by the agency from the number specified under section 355(b)(3)(A). The funds may be used for salaries and benefits for the firefighters.

`(b) HIRING COSTS-

`(1) FISCAL YEAR 2003- For fiscal year 2003, in hiring any 1 firefighter, the entity may not use more than $90,000 of such funds.

`(2) SUBSEQUENT YEARS- For each subsequent fiscal year, in hiring any 1 firefighter, the entity may not use more than $90,000 of such funds, increased or decreased by the same percentage as the percentage by which the Consumer Price Index for All Urban Consumers (United States city average), published by the Secretary of Labor, has increased or decreased by September of the preceding fiscal year from such Index for September 2002.

`(3) WAIVERS- The Secretary may waive the requirements of paragraph (1) or (2) for an eligible entity.

`(c) SUPPLEMENT, NOT SUPPLANT- Funds appropriated pursuant to the authority of this subtitle shall be used to supplement and not supplant other Federal, State, and local public funds expended to hire firefighters.

`SEC. 357. TECHNICAL ASSISTANCE.

`The Secretary may provide technical assistance to eligible entities to further the purposes of this Act.

`SEC. 358. MONITORING AND EVALUATIONS.

`(a) MONITORING COMPONENTS- Each project funded through a grant made under this subtitle shall contain a monitoring component, developed pursuant to regulations established by the Secretary. The monitoring required by this subsection shall include systematic identification and collection of data about the project throughout the period of the project and presentation of such data in a usable form.

`(b) EVALUATION COMPONENTS- The Secretary may require that selected grant recipients under this subtitle conduct local evaluations or participate in a national evaluation, pursuant to regulations established by the Secretary. Such local or national evaluations may include assessments of the implementation of different projects. The Secretary may require selected grant recipients under this subtitle to conduct local outcome evaluations to determine the effectiveness of projects under this subtitle.

`(c) PERIODIC REPORTS- The Secretary may require a grant recipient under this subtitle to submit to the Secretary the results of the monitoring and evaluations required under subsections (a) and (b) and such other data and information as the Secretary determines to be reasonably necessary.

`(d) REVOCATION OR SUSPENSION OF FUNDING- If the Secretary determines, as a result of the monitoring or evaluations required by this section, or otherwise, that a grant recipient under this subtitle is not in substantial compliance with the terms and requirements of an approved grant application submitted under section 355, the Secretary may revoke the grant or suspend part or all of the funding provided under the grant.

`SEC. 359. ACCESS TO DOCUMENTS.

`For the purpose of conducting an audit or examination of a grant recipient that carries out a project under this subtitle, the Secretary and the Comptroller General of the United States shall have access to any pertinent books, documents, papers, or records of the grant recipient and any State or local government, person, business, or other entity, that is involved in the project.

`SEC. 360. REPORT TO CONGRESS.

`Not later than September 30, 2009, the Secretary shall submit a report to Congress concerning the experiences of eligible entities in carrying out projects under this subtitle, and the effects of the grants made under this subtitle. The report may include recommendations for such legislation as the Secretary may consider to be appropriate, which may include reauthorization of this subtitle.

`SEC. 361. REGULATIONS.

`The Secretary may issue regulations to carry out this subtitle.

`SEC. 362. AUTHORIZATION OF APPROPRIATIONS.

`(a) IN GENERAL- There is authorized to be appropriated to carry out this subtitle--

`(1) $1,000,000,000 for fiscal year 2003;

`(2) $1,030,000,000 for fiscal year 2004;

`(3) $1,061,000,000 for fiscal year 2005;

`(4) $1,093,000,000 for fiscal year 2006;

`(5) $1,126,000,000 for fiscal year 2007;

`(6) $1,159,000,000 for fiscal year 2008; and

`(7) $1,194,000,000 for fiscal year 2009.

`(b) AVAILABILITY- Funds appropriated under subsection (a) for a fiscal year shall remain available until the end of the second succeeding fiscal year.'.

SEC. 2002. CONFORMING AMENDMENT.

The table of contents in section 1(b) of the Workforce Investment Act of 1998 (Public Law 105-220; 112 Stat. 936) is amended, in the items relating to title III, by adding at the end the following:

`Subtitle E--Staffing for Adequate Fire and Emergency Response

`Sec. 351. Short title.

`Sec. 352. Purposes.

`Sec. 353. Definitions.

`Sec. 354. Authority to make grants.

`Sec. 355. Applications.

`Sec. 356. Use of funds.

`Sec. 357. Technical assistance.

`Sec. 358. Monitoring and evaluations.

`Sec. 359. Access to documents.

`Sec. 360. Report to Congress.

`Sec. 361. Regulations.

`Sec. 362. Authorization of appropriations.'.

TITLE III--SENSITIVE NUCLEAR FACILITIES

SECTION 3001. SHORT TITLE.

This title may be cited as the `Nuclear Security Act of 2003'.

SEC. 3002. DEFINITIONS.

Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is amended--

(1) by redesignating subsection jj. as subsection ii.; and

(2) by adding at the end the following:

`(jj) HOMELAND SECURITY OFFICER- The term `Homeland Security Officer' means a Federal official with responsibility for coordinating efforts to maintain homeland security against acts of terrorism, and designated by the President to perform the duties of the Homeland Security Officer under this Act.

to a sensitive

`(ll) SENSITIVE NUCLEAR FACILITY-

`(1) IN GENERAL- The term `sensitive nuclear facility' means a facility licensed by the Commission (or the portion of a facility used in the conduct of an activity licensed by the Commission).

`(2) INCLUSIONS- The term `sensitive nuclear facility' includes--

`(A) an operating commercial nuclear power plant;

`(B) an independent spent fuel storage facility;

`(C) a commercial nuclear power plant that is being decommissioned or a portion of a commercial nuclear power plant that contains material licensed by the Commission;

`(D) a category I fuel cycle facility; and

`(E) a gaseous diffusion plant.'.

SEC. 3003. NUCLEAR FACILITY SECURITY.

(a) IN GENERAL- Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following:

`SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES.

`(a) DEFINITIONS- In this section:

`(1) ANTITERRORISM TEAM- The term `antiterrorism team' means the Nuclear Infrastructure Antiterrorism Team established under subsection (h).

to a sensitive

`(3) TASK FORCE- The term `task force' means the task force on nuclear infrastructure security established by subsection (b).

`(4) THREAT- The term `threat' means a threat identified under subsection (c).

`(5) THREAT LEVEL- The term `threat level' means a threat level determined under subsection (d).

`(b) TASK FORCE ON NUCLEAR INFRASTRUCTURE SECURITY-

`(1) ESTABLISHMENT- There is established a task force on nuclear infrastructure security.

`(2) MEMBERSHIP- The task force shall be comprised of--

`(A) the chairman of the Commission, who shall serve as chairperson of the task force;

`(C) the Secretary of Transportation;

`(D) the Administrator of the Environmental Protection Agency;

`(G) the Director of the Central Intelligence Agency;

`(H) the Secretary of Health and Human Services;

`(I) the Director of the Federal Emergency Management Agency; and

`(J) the Homeland Security Officer.

`(A) IN GENERAL- The task force, in consultation with other Federal, State, and local agencies, stakeholders, and members of the public, as appropriate, shall examine the protection of sensitive nuclear facilities from potential terrorist threats.

`(i) IN GENERAL- The task force shall examine--

`(AA) by an enemy of the United States (whether a foreign government or other person); or

`(BB) otherwise falling under the responsibilities of the Federal Government; or

`(bb) an act involving a type of risk that the licensees of the Commission should be responsible for guarding against;

`(II) coordination of Federal, State, and local security efforts for protection of land, water, and ground access to sensitive nuclear facilities in the event of a terrorist attack or attempted terrorist attack;

`(III) the adequacy of existing emergency planning zones to protect the public health and safety in the event of a terrorist attack against a sensitive nuclear facility;

`(IV) the adequacy and coordination of Federal, State, and local emergency planning, evacuation, and other measures to protect the public health and safety in the event of a terrorist attack against a sensitive nuclear facility;

`(V) the threats that sensitive nuclear facilities must protect against to prevent acts of radiological sabotage and theft of special nuclear material;

`(VI) the system of threat levels, consistent with the Homeland Security Advisory System, used to categorize the threats against a sensitive nuclear facility, including--

`(aa) procedures to ensure coordinated Federal, State, and local responses to changing threat levels for sensitive nuclear facilities;

`(bb) monitoring of threats against sensitive nuclear facilities; and

`(cc) procedures to notify licensees of a sensitive nuclear facility of changes in threat levels;

`(VII) the development, implementation, and revision of security plans for sensitive nuclear facilities;

`(VIII) the establishment of the antiterrorism team under subsection (h);

`(IX) the hiring and training standards for members of private security forces at sensitive nuclear facilities, in accordance with subsection (i);

`(X) the coordination of Federal resources to expedite and improve the process of performing background checks on employees with access to sensitive nuclear facilities; and

`(XI) the creation of a program to provide technical assistance and training for the national guard, State law enforcement agencies, and local law enforcement agencies to respond, as appropriate, to threats against a sensitive nuclear facility, including recommendations for the establishment of a grant program for State and local governments to carry out any recommended requirements under this section.

`(ii) THREATS- The threats to be examined include--

`(I) threats comparable to the events of September 11, 2001;

`(III) attacks on a sensitive nuclear facility by multiple coordinated teams of a large number of individuals;

`(IV) attacks from several persons employed at the sensitive nuclear facility, some of whom may have sophisticated knowledge of the operations of the sensitive nuclear facility;

`(V) attacks from individuals willing to commit suicide to carry out the attacks;

`(VII) attacks using explosive devises of considerable size and modern weaponry;

`(VIII) fire, especially fire of long duration; and

`(A) IN GENERAL- Not later than 120 days after the date of enactment of this section, the task force shall submit to the President and Congress, in classified form and unclassified form, a report with recommendations and findings.

`(B) REVISION- The task force shall revise the recommendations periodically, but not less than once every 3 years.

`(c) THREATS TO SENSITIVE NUCLEAR FACILITIES-

`(1) IN GENERAL- Not later than 150 days after the task force submits the report under subsection (b)(4), the Commission shall promulgate regulations, based on and consistent with the findings and recommendations of the task force, identifying the threats that sensitive nuclear facilities must protect against to prevent acts of radiological sabotage and the theft of special nuclear material at sensitive nuclear facilities.

`(2) PROTECTION OF SAFEGUARDS INFORMATION- In promulgating regulations under this subsection, the Commission shall ensure protection of safeguards information in accordance with section 147.

`(d) THREAT LEVELS- Not later than 150 days after the task force submits the report under subsection (b)(4), the Commission shall promulgate regulations, based on and consistent with the findings and recommendations of the task force, establishing a system for the determination of multiple threat levels to describe the threat conditions at sensitive nuclear facilities.

`(e) SECURITY PLANS-

`(1) IN GENERAL- Not later than 1 year after the date on which the Commission establishes the threats under subsection (c), the Commission shall review, based on and consistent with the findings and recommendations of the task force, the security plan for each sensitive nuclear facility to ensure that each sensitive nuclear facility protects against those threats.

`(2) ASPECTS OF REVIEW- The Commission shall ensure that the security plan provides for--

`(A) the deployment and capabilities of the private security force at the sensitive nuclear facility for each threat level;

`(B) coordination between the private security force and the antiterrorism team for the sensitive nuclear facility, as appropriate for each threat level;

`(C) secure operation of vital equipment, such as control room equipment and backup warning systems;

`(E) security cameras, fire protection barriers, and other physical security measures;

`(F) protection of spent fuel, including options such as placement of spent fuel in dry cask storage;

`(G) background security checks for employees and prospective employees; and

`(H) coordination among licensees of sensitive nuclear facilities and appropriate Federal, state, and local emergency response personnel.

`(3) SCHEDULE- The Commission shall establish a priority schedule for conducting reviews of security plans based on the vulnerability of each sensitive nuclear facility and the proximity of the sensitive nuclear facility to large population areas.

`(A) IN GENERAL- Not later than 30 days after the review of each security plan, the Commission shall submit to Congress and the licensee of each sensitive nuclear facility recommendations, findings, and a schedule for implementation of changes to security that shall be made not later than 18 months after completion of the review of the security plan.

`(B) FORM- The report submitted to Congress under subparagraph (A) shall be submitted in classified and unclassified form.

`(5) UPGRADES TO SECURITY PLAN- Not later than 30 days after the review of each security plan, the Commission shall ensure that the licensee of each sensitive nuclear facility revises, as necessary, its security plan consistent with the findings under paragraph (4).

`(6) UPGRADES TO SECURITY- The Commission shall ensure that the licensee of each sensitive nuclear facility makes any changes to security required by the security plan according to the Commission schedule.

`(f) EMERGENCY RESPONSE PLANS-

`(1) IN GENERAL- Not later than 150 days after the task force submits the report under subsection (b)(4), the Commission shall review, based on and consistent with the findings and recommendations of the task force, the emergency response plans for each sensitive nuclear facility to ensure that each emergency response plan provides protection for persons living in the emergency response planning zones.

`(2) ASPECTS OF REVIEW- The Commission shall ensure that each emergency response plan provides for--

`(A) the protection of public health and safety, including the ability to implement protective measures;

`(B) clear definition and assignment of responsibilities of emergency response personnel;

`(D) communication and coordination among emergency response personnel;

`(E) dissemination of information to the public, including both pre-emergency education and in the event of a radiological emergency;

`(F) adequate emergency facilities and equipment at and around the sensitive nuclear facility;

`(G) the use of methods, systems, and equipment for assessing and monitoring actual or potential impacts of a radiological emergency;

`(H) appropriate evacuation and sheltering and the prophylactic use of potassium iodide;

`(I) means for controlling radiological exposures;

`(J) appropriate medical services;

`(K) plans for recovery and reentry; and

`(L) radiological emergency response training.

`(3) SCHEDULE- The Commission shall establish a priority schedule for conducting reviews of emergency response plans for sensitive nuclear facilities based on the relative degrees of vulnerability of sensitive nuclear facilities and the proximity of sensitive nuclear facilities to large population areas.

`(A) IN GENERAL- Not later than 30 days after the review of each emergency response plan, the Commission shall submit to Congress and the licensee of each sensitive nuclear facility recommendations and findings.

`(B) FORM- The report submitted to Congress under subparagraph (A) shall be submitted in classified and unclassified form.

`(5) UPGRADES TO EMERGENCY RESPONSE PLAN- Not later than 30 days after completion of the review of each emergency response plan, the Commission shall ensure that the licensee of each sensitive nuclear facility revises, as necessary, the emergency response plan for the sensitive nuclear facility consistent with the findings under paragraph (4).

`(g) FEDERAL COORDINATION- Not later than 90 days after the task force submits the report under subsection (b)(4), the Commission shall promulgate regulations, based on and consistent with the findings and recommendations of the task force, establishing the circumstances under which the Commission shall request the President to--

to a sensitive

`(2) provide for the protection of air space in the vicinity of a sensitive nuclear facility; or

`(3) deploy the antiterrorism team.

`(h) NUCLEAR INFRASTRUCTURE ANTITERRORISM TEAM-

`(1) ESTABLISHMENT- Not later than 1 year after the task force submits the report under subsection (b)(4), the President shall establish, based on and consistent with the findings and recommendations of the task force, the Nuclear Infrastructure Antiterrorism Team.

`(2) PURPOSE- The purpose of the antiterrorism team shall be to provide protection for the perimeter of sensitive nuclear facilities against the threats identified under subsection (c), in coordination with other Federal, State, local, and private entities, as appropriate, consistent with the security plan for each sensitive nuclear facility.

`(i) TRAINING PROGRAM-

`(1) IN GENERAL- Not later than 180 days after the task force submits the report under subsection (b)(4)(B), the President shall establish, based on and consistent with findings and recommendations of the task force, a program to provide technical assistance and training for the National Guard and State and local law enforcement agencies in responding to threats against a sensitive nuclear facility.

`(2) GRANTS- The President may provide grants, consistent with the findings and recommendations of the task force, to State and local governments to assist in carrying out this section.

`(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this subsection.

`(j) EMPLOYEE SECURITY-

`(1) REVIEW- Not later than 90 days after the task force submits the report under subsection (b)(4), the Commission, taking into consideration recommendations of the task force, shall review and update the hiring and training standards for employees of a sensitive nuclear facility.

`(2) CRIMINAL AND SECURITY BACKGROUND CHECKS- The Commission shall require that--

`(A) each employee at a sensitive nuclear facility pass a criminal and security background check; and

`(B) criminal and security background checks be updated on a periodic basis, as appropriate.

`(3) DISQUALIFICATION OF INDIVIDUALS WHO PRESENT NATIONAL SECURITY RISKS- The Commission, based on and consistent with the findings and recommendations of the task force, shall establish qualifications and procedures, in addition to any criminal and security background check conducted under paragraph (2), to ensure that no individual who presents a threat to national security is employed at a sensitive nuclear facility.

`(k) FEDERAL SECURITY COORDINATORS-

`(1) IN GENERAL- Not later than 120 days after the task force submits the report under subsection (b)(4), the Commission, based on and consistent with findings and recommendations of the

task force, shall promulgate regulations for the hiring and training of Federal security coordinators.

`(2) ASSIGNMENT OF FEDERAL SECURITY COORDINATORS- Not later than 60 days after the Commission promulgates regulations under paragraph (1), the Commission shall assign a Federal security coordinator, under the employment of the Commission, at each sensitive nuclear facility.

`(3) RESPONSIBILITIES- The Federal security coordinator shall be responsible for--

`(A) communicating with the Commission and other Federal, State, and local authorities concerning threats, including threats against the sensitive nuclear facility;

`(B) ensuring that the sensitive nuclear facility maintains security consistent with the security plan in accordance with the appropriate threat level; and

`(C) ensuring full and active coordination of security measures among--

`(i) the private security force at the sensitive nuclear facility;

`(iii) other Federal, State, and local authorities, as appropriate.

`(l) CLASSIFIED INFORMATION- Nothing in this section shall be construed to supersede any existing law (including a regulation) governing the disclosure of classified information or safeguards information.'.

SEC. 3004. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.

(a) IN GENERAL- Title II of the Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.) is amended by adding at the end the following:

`SEC. 212. OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE.

`(a) DEFINITIONS- In this section:

`(1) ANTITERRORISM TEAM- The term `antiterrorism team' has the meaning given the term in section 170C(a) of the Atomic Energy Act of 1954.

`(2) ASSISTANT DIRECTOR- The term `Assistant Director' means the Assistant Director for Security Response.

`(3) DIRECTOR- The term `Director' means the Director of Nuclear Security and Incident Response appointed under subsection (c).

`(4) MOCK TERRORIST TEAM- The term `mock terrorist team' means the mock terrorist team described in subsection (d)(3).

`(5) OFFICE- The term `Office' means the Office of Nuclear Security and Incident Response established by subsection (b).

`(6) SENSITIVE NUCLEAR FACILITY- The term `sensitive nuclear facility' has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).

`(7) THREAT- The term `threat' has the meaning given the term in section 170C(a) of the Atomic Energy Act of 1954.

`(8) UNIT- The term `Unit' means the Security Response Unit established under subsection (d)(1).

`(b) ESTABLISHMENT OF OFFICE- There is established in the Commission the Office of Nuclear Security and Incident Response.

`(1) APPOINTMENT- The Commission may appoint and terminate a Director of Nuclear Security and Incident Response to head the Office.

`(2) DUTIES- The Director shall perform any duties delegated by the Commission to the Director, including--

`(A) carrying out security, safeguards, and incident responses relating to--

`(i) any facility owned or operated by a Commission licensee or certificate holder;

`(ii) any property owned or in the possession of a Commission licensee or certificate holder that--

`(I) is significant to the common defense and security; or

`(II) is being transported to or from a facility described in clause (i); and

`(iii) performing any other activity of a Commission licensee or certificate holder that is significant to the common defense and security;

`(B) for a facility or material licensed or certified under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.)--

`(i) developing contingency plans for dealing with threats, thefts, and sabotage; and

`(ii) monitoring, reviewing, and evaluating security and safeguards;

`(C) recommending upgrades to internal accounting systems for special nuclear and other materials licensed or certified under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);

`(D) developing and recommending standards and amendments to the standards of the Commission relating to the duties described in subparagraphs (A) through (C); and

`(E) carrying out any other safeguards and physical security functions that the Commission determines to be appropriate.

`(3) CONSULTATION- In carrying out the duties under paragraph (2), the Director shall, to the maximum extent practicable, consult and coordinate with--

`(A) other officers of the Commission; and

`(d) SECURITY RESPONSE UNIT-

`(1) ESTABLISHMENT- There is established in the Office the Security Response Unit.

`(2) HEAD OF UNIT- The Unit shall be headed by an Assistant Director for Security Response.

`(3) MOCK TERRORIST TEAM- The personnel of the Unit shall include a mock terrorist team comprised of--

`(A) a number of individuals, consistent with the threat, who have advanced knowledge of special weapons and tactics comparable to special operations forces of the Armed Forces;

`(B) nuclear engineers, as appropriate;

`(C) individuals with knowledge of the operations of the sensitive nuclear facility who are capable of actively disrupting the normal operations of the sensitive nuclear facility; and

`(D) any other individual that the Commission determines should be a member of the mock terrorist team.

`(4) SECURITY RESPONSE EVALUATIONS-

`(A) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Commission shall establish a security response evaluation program to assess the ability of each sensitive nuclear facility to defend against the threats in accordance with the security plan for the sensitive nuclear facility.

`(B) FREQUENCY OF EVALUATIONS- Not less than once every 3 years, the Commission shall conduct and document security response evaluations at each sensitive nuclear facility to assess the ability of the private security force, in cooperation with the antiterrorism team, at

the sensitive nuclear facility to defend against the threat.

`(C) SECURITY EXEMPTION- The Commission may suspend activities under this section if the Commission determines that the security response evaluations would compromise security at any sensitive nuclear facility in accordance with a heightened threat level.

SEC. 3005. CARRYING OF WEAPONS BY LICENSEE EMPLOYEES.

of site-specific conditions, in the interest of the common defense and security; and

`SEC. 170D. CARRYING OF WEAPONS.

SEC. 3006. SENSITIVE RADIOACTIVE MATERIAL SECURITY.

`SEC. 170E. SENSITIVE RADIOACTIVE MATERIAL SECURITY.

SEC. 3007. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

SEC. 3008. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

SEC. 3009. EVALUATION OF ADEQUACY OF ENFORCEMENT PROVISIONS.

SEC. 3010. PROTECTION OF WHISTLEBLOWERS.

SEC. 3011. TECHNICAL AND CONFORMING AMENDMENT.

`Sec. 149A. Access to nuclear facilities.';

`Sec. 170B. Uranium supply.

`Sec. 170C. Protection of sensitive nuclear facilities.

`Sec. 170D. Carrying of weapons.

`Sec. 170E. Sensitive Radioactive Material Security.'.

SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.

TITLE IV--RAIL SECURITY ACT

SEC. 4001. SHORT TITLE.

SEC. 4002. EMERGENCY AMTRAK ASSISTANCE.

SEC. 4003. RAIL SECURITY.

SEC. 4004. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

rail transportation and develop prioritized recommendations for--

TITLE V--WATER INFRASTRUCTURE SECURITY AND RESEARCH DEVELOPMENT

SEC. 5001. SHORT TITLE.

SEC. 5002. PROTECTION FROM TERRORIST AND OTHER HARMFUL INTENTIONAL ACTS.

`SEC. 222. PROTECTION FROM TERRORIST AND OTHER HARMFUL INTENTIONAL ACTS.

extent practicable, continued provision of service; and

SEC. 5003. RESEARCH AND REVIEW.

`SEC. 223. RESEARCH AND REVIEW.

treatment works could be disrupted by terrorists or other individuals or groups.

SEC. 5004. REFINEMENT OF VULNERABILITY ASSESSMENT TOOLS FOR PUBLICLY OWNED TREATMENT WORKS.

`SEC. 224. REFINEMENT OF VULNERABILITY ASSESSMENT TOOLS FOR PUBLICLY OWNED TREATMENT WORKS.

TITLE VI--ENHANCING BORDER SECURITY

Subtitle A--Immigration and Naturalization Service

SEC. 6101. ADDITIONAL PERSONNEL AT THE IMMIGRATION AND NATURALIZATION SERVICE.

SEC. 6102. TECHNOLOGICAL IMPROVEMENTS BY THE INS TO IMPROVE BORDER SECURITY.

Subtitle B--United States Customs Service

SEC. 6201. ADDITIONAL PERSONNEL AT THE UNITED STATES CUSTOMS SERVICE.

SEC. 6202. TECHNOLOGICAL IMPROVEMENTS BY THE CUSTOMS SERVICE TO IMPROVE BORDER SECURITY.

Subtitle C--Bureau of Border Security

SEC. 6301. ADDITIONAL PERSONNEL AT THE BUREAU OF BORDER SECURITY.

SEC. 6302. TECHNOLOGICAL IMPROVEMENTS BY THE BUREAU OF BORDER SECURITY TO IMPROVE BORDER SECURITY.

TITLE VII--PUBLIC HEALTH SECURITY AND BIOTERRORISM PREPAREDNESS

SEC. 7001. SENSE OF CONGRESS ON SMALLPOX VACCINATION.

SEC. 7002. AID TO STATES FOR SMALLPOX VACCINATION PROGRAMS.

`SEC. 319C-3. AID TO STATES FOR SMALLPOX VACCINATION PROGRAMS.

SEC. 7003. SMALLPOX VACCINE INJURY COMPENSATION PROGRAM.

SEC. 7004. INCREASE IN AUTHORIZATIONS FOR BIOTERRORISM SECURITY AND PREPAREDNESS.

inserting `and 2003, $150,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 and 2006'.

`SEC. 524. BIOTERRORISM VACCINE REVIEW.

`SEC. 525. ENHANCED SECURITY.

TITLE VIII--INFORMATION SECURITY

Subtitle A--Information Technology Fund to Enhance Homeland Defense, Information Security, and Defenses Against Other Threats

SEC. 8101. ESTABLISHMENT OF FUND.

SEC. 8102. SELECTION PROCEDURES.

SEC. 8103. ADMINISTRATION OF FUND.

SEC. 8104. REPORT TO CONGRESS.

SEC. 8105. AUTHORIZATION OF APPROPRIATIONS.

Subtitle B--Protection of Voluntarily Furnished Confidential Information

SEC. 8201. DEFINITIONS.

SEC. 8202. PROTECTION OF CONFIDENTIAL INFORMATION.

SEC. 8203. REPORT TO CONGRESS.

SEC. 8204. AMENDMENTS TO HOMELAND SECURITY ACT OF 2002.

Subtitle C--Interoperability of Information Systems

SEC. 8301. INTEROPERABILITY OF INFORMATION SYSTEMS.

managed and acquired under the enterprise architecture, shall possess the characteristics of--

TITLE IX--WEAPONS OF MASS DESTRUCTION

SEC. 9001. SECURITY OF CERTAIN RADIOLOGICAL AND NUCLEAR MATERIALS.

SEC. 9002. ASSISTANCE FOR INTERNATIONAL ATOMIC ENERGY AGENCY REGARDING SAFEGUARD AND INSPECTION OF NUCLEAR FACILITIES ABROAD.

SEC. 9003. ASSISTANCE FOR INTERNATIONAL ATOMIC ENERGY AGENCY TO COUNTER NUCLEAR TERRORISM.

SEC. 9004. ACCELERATION AND EXPANSION OF MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM.

SEC. 9005. BORDER SECURITY AND EXPORT CONTROL.

SEC. 9006. REUSE OF RUSSIAN NUCLEAR FACILITIES.

SEC. 9007. RESEARCH AND DEVELOPMENT INVOLVING ALTERNATIVE USE OF WEAPONS OF MASS DESTRUCTION EXPERTISE.

SEC. 9008. EXPANSION INITIATIVES FOR PROLIFERATION PREVENTION PROGRAM.

SEC. 9009. ACCELERATION OF HIGHLY ENRICHED URANIUM DISPOSITION PROGRAM.

SEC. 9010. ACCELERATION OF DESTRUCTION OF CHEMICAL WEAPONS FACILITIES AND INFRASTRUCTURE.

SEC. 9011. ACCELERATION OF BIOLOGICAL MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM.

SEC. 9012. RUSSIAN TACTICAL NUCLEAR WEAPONS.

SEC. 9013. AUTHORIZATION OF USE OF COOPERATIVE THREAT REDUCTION FUNDS FOR PROJECTS AND ACTIVITIES OUTSIDE THE FORMER SOVIET UNION.

SEC. 9014. REPEAL OF CERTAIN LIMITATIONS ON USES OF FUNDS.

TITLE X--INTELLIGENCE

Subtitle A--Intelligence Community Leadership

SEC. 10001. SHORT TITLE.

SEC. 10002. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY.

`OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

Management who shall be appointed by the President, by and with the advice and consent of the Senate.

and its staff satisfy the needs of policymaking officials and other consumers of intelligence.

`RESPONSIBILITIES OF DIRECTOR OF NATIONAL INTELLIGENCE

for the Joint Military Intelligence Program and the Tactical Intelligence and Related Activities Program; and

`AUTHORITIES OF DIRECTOR OF NATIONAL INTELLIGENCE

a factor to be considered for promotion to senior positions; and

`CENTRAL INTELLIGENCE AGENCY

`DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

SEC. 10003. TEN-YEAR TERM OF SERVICE FOR THE DIRECTOR OF NATIONAL INTELLIGENCE.

SEC. 10004. EXECUTIVE SCHEDULE MATTERS.

SEC. 10005. CONFORMING AND CLERICAL AMENDMENTS.

`ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF NATIONAL INTELLIGENCE'.

Subtitle B--Other Matters

SEC. 10011. DISCHARGE OF CERTAIN INTELLIGENCE ACTIVITIES BY THE DEPARTMENT OF HOMELAND SECURITY.

TITLE XI--CHEMICAL SECURITY

SEC. 11001. SHORT TITLE.

SEC. 11002. FINDINGS.

SEC. 11003. DEFINITIONS.

priority category by the Administrator under section 11004(a)(1).

SEC. 11004. DESIGNATION OF AND REQUIREMENTS FOR HIGH PRIORITY CATEGORIES.

and local agencies responsible for planning for and responding to unauthorized releases and providing emergency health care, shall promulgate regulations to designate certain combinations of chemical sources and substances of concern as high priority categories based on the severity of the threat posed by an unauthorized release from the chemical sources.

plan, shall be available to any person other than an individual designated by the Administrator.