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108hr4869ih | 1. Short title
This Act may be cited as the Prescott Marine Mammal Stranding Program Amendments of 2004. 2. Authorizations of appropriations for John H. Prescott Marine Mammal Rescue Assistance Grant Program
(a) Grant program
Section 408(h) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1421f–1(h) ) is amended by striking fiscal years 2001 through 2003 and inserting fiscal years 2005 through 2010. |
108hr4869ih | (b) Marine Mammal Unusual Mortality Event Fund
Section 409(3) of such Act ( 16 U.S.C. 1421g(3) ) is amended by striking $500,000 for fiscal year 1993 and inserting $125,000 for each of fiscal years 2005 through 2010. (c) Administrative costs and expenses
Section 408 of such Act ( 16 U.S.C. |
108hr4869ih | 1421f–1 ) is amended— (1) by adding at the end of subsection (a)(1) the following: All funds available to implement this section shall be distributed to eligible stranding network participants for the purposes set forth in this paragraph, except as provided in subsection (f). |
108hr4869ih | ; and (2) by amending subsection (f) to read as follows: (f) Administrative costs and expenses
Of the amounts available each fiscal year to carry out this section, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative costs and administrative expenses to implement the grant program under subsection (a). |
108hr4869ih | Any such funds retained by the Secretary for a fiscal year for such costs and expenses that are not used for such costs and expenses before the end of the fiscal year shall be provided as grants under subsection (a).. (d) Contributions
Section 408 of such Act ( 16 U.S.C. 1421f–1 ) is further amended by adding at the end the following: (i) Contributions
For purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests.. |
108hr420ih | 1. Short title; table of contents
(a) Short title
This Act may be cited as the National Forest Organizational Camp Fee Improvement Act of 2003. (b) Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings, purpose, and definitions Sec. 3. Fees for occupancy and use of National Forest System lands and facilities by organizational camps Sec. 4. Implementation Sec. 5. Relationship to other laws Sec. 6. |
108hr420ih | Deposit and expenditure of use fees Sec. 7. Ministerial issuance or amendment authorization 2. Findings, purpose, and definitions
(a) Findings
Congress finds the following: (1) Organizational camps, such as those administered by the Boy Scouts, Girl Scouts, and faith-based and community-based organizations, provide a valuable service to young people, individuals with a disability, and their families by promoting physical, mental, and spiritual health through activities conducted in a natural environment. |
108hr420ih | (2) The 192,000,0000 acres of national forests and grasslands of the National Forest System managed for multiple uses by the Forest Service provides an ideal setting for such organizational camps. |
108hr420ih | (3) The Federal Government should charge land use fees for the occupancy and use of National Forest System lands by such organizational camps that, while based on the fair market value of the land in use, also recognize the benefits provided to society by such organizational camps, do not preclude the ability of such organizational camps from utilizing these lands, and permit capital investment in, and maintenance of, camp facilities by such organizational camps or their sponsoring organizations. |
108hr420ih | (4) Organizational camps should— (A) ensure that their facilities meet applicable building and safety codes, including fire and health codes; (B) have annual inspections as required by local law, including at a minimum inspections for fire and food safety; and (C) have in place safety plans that address fire and medical emergencies and encounters with wildlife. (b) Purpose
It is the purpose of this Act to establish a land use fee system that provides for an equitable return to the Federal Government for the occupancy and use of National Forest System lands by organizational camps that serve young people or individuals with a disability. |
108hr420ih | (c) Definitions
In this Act: (1) The term organizational camp means a public or semi-public camp that— (A) is developed on National Forest System lands by a nonprofit organization or governmental entity; (B) provides a valuable service to the public by using such lands as a setting to introduce young people or individuals with a disability to activities that they may not otherwise experience and to educate them on natural resource issues; and (C) does not have as its primary purpose raising revenue through commercial activities. (2) The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. |
108hr420ih | (3) The term individual with a disability has the meaning given the term in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705). (4) The term children at risk means children who are raised in poverty or in single-parent homes or are subject to such circumstances as parental drug abuse, homelessness, or child abuse. |
108hr420ih | (5) The term change in control means— (A) in the case of a corporation, the sale or transfer of a controlling interest in the corporation; (B) in the case of a partnership or limited liability company, the sale or transfer of a controlling interest in the partnership or limited liability company; and (C) in the case of an individual, the sale or transfer of an organizational camp to another party. 3. |
108hr420ih | Fees for occupancy and use of National Forest System lands and facilities by organizational camps
(a) Land use fee
(1) Percentage of land value
The Secretary shall charge an annual land use fee for each organizational camp for its occupancy and use of National Forest System lands equal to five percent of the product of the following: (A) The total number of acres of National Forest System lands authorized for the organizational camp. (B) The estimated per-acre market value of land and buildings in the county where the camp is located, as reported in the most recent Census of Agriculture conducted by the National Agricultural Statistics Service. |
108hr420ih | (2) Annual adjustment
The land use fee determined under paragraph (1) for an organizational camp shall be adjusted annually by the annual compounded rate of change between the two most recent Censuses of Agriculture. (3) Reduction in fees
(A) Based on type of participants
The Secretary shall reduce the land use fee determined under paragraph (1) for an organizational camp if the organizational camp is attended by individuals with a disability or children at risk. |
108hr420ih | The amount of the reduction for a year shall bear the same ratio to the land use fee determined under paragraph (1) for the organizational camp as the total number of individuals with a disability and children at risk who attend the organizational camp bears to the total number of individuals who attend the organizational camp for the year. |
108hr420ih | (B) Based on type of programs
After making the reduction required by subparagraph (A), the Secretary shall also reduce the land use fee determined under paragraph (1) for an organizational camp if the organizational camp provides youth programs for individuals attending the camp consisting of organized and supervised social, citizenship, character-building, or faith-based activities oriented to outdoor-recreation experiences. The amount of the reduction for a year shall be equal to 60 percent of the land use fee determined under paragraph (1), as adjusted under subparagraph (A). |
108hr420ih | (C) Relation to minimum fee
Notwithstanding subparagraphs (A) and (B), the reductions made under this paragraph may not reduce the land use fee for an organizational camp below the minimum land use fee required to be charged under paragraph (4). (D) Special considerations
For purposes of determining the amount of the land use fee reduction required under subparagraph (A) or (B), the Secretary may not take into consideration the existence of sponsorships or scholarships to assist individuals in attending the organizational camp. |
108hr420ih | (4) Minimum land use fee
The Secretary shall charge a minimum land use fee under paragraph (1) that represents, on average, the Secretary's cost annually to administer an organizational camp special use authorization in the National Forest Region in which the organizational camp is located. Notwithstanding paragraph (3) or subsection (d), the minimum land use fee shall not be subject to a reduction or waiver. |
108hr420ih | (b) Facility use fee
(1) Percentage of facilities value
If an organizational camp uses a Government-owned facility on National Forest System lands pursuant to section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16 U.S.C. 580d), the Secretary shall charge, in addition to the land use fee imposed under subsection (a), a facility use fee equal to five percent of the value of the authorized facilities, as determined by the Secretary. |
108hr420ih | (2) Reduction in fees prohibited
Notwithstanding subsection (d), the facility use fees determined under paragraph (1) shall not be subject to a reduction or waiver. |
108hr420ih | (c) Fee related to receipt of other revenues
If an organizational camp derives revenue from the use of National Forest System lands or authorized facilities described in subsection (b) for purposes other than to introduce young people or individuals with a disability to activities that they may not otherwise experience and to educate them on natural resource issues, the Secretary shall charge, in addition to the land use fee imposed under subsection (a) and the facility use fee imposed under subsection (b), an additional fee equal to five percent of that revenue. |
108hr420ih | (d) Work-in-lieu program
Subject to subsections (a)(4) and (b)(2), section 3 of the Federal Timber Contract Payment Modification Act (16 U.S.C. 539f) shall apply to the use fees imposed under this section. 4. Implementation
(a) Prompt implementation
The Secretary shall issue direction regarding implementation of this Act by interim directive within 180 days after the date of the enactment of this Act. |
108hr420ih | The Secretary shall implement this Act beginning with the first billing cycle for organizational camp special use authorizations occurring more than 180 days after the date of the enactment of this Act. (b) Phase-in of use fee increases
In issuing any direction regarding implementation of this Act under subsection (a), the Secretary shall consider whether to phase-in any significant increases in annual land or facility use fees for organizational camps. 5. |
108hr420ih | Relationship to other laws
Except as specifically provided by this Act, nothing in this Act supersedes or otherwise affects any provision of law, regulation, or policy regarding the issuance or administration of authorizations for organizational camps regarding the occupancy and use of National Forest System lands. 6. Deposit and expenditure of use fees
(a) Deposit and availability
Unless subject to section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16 U.S.C. |
108hr420ih | 580d), use fees collected by the Secretary under this Act shall be deposited in a special account in the Treasury and shall remain available to the Secretary for expenditure, without further appropriation until expended, for the purposes described in subsection (c). (b) Transfer
Upon request of the Secretary, the Secretary of the Treasury shall transfer to the Secretary from the special account such amounts as the Secretary may request. The Secretary shall accept and use such amounts in accordance with subsection (c). |
108hr420ih | (c) Use
Use fees deposited pursuant to subsection (a) and transferred to the Secretary under subsection (b) shall be expended for monitoring of Forest Service special use authorizations, administration of the Forest Service's special program, interpretive programs, environmental analysis, environmental restoration, and similar purposes. 7. Ministerial issuance or amendment authorization
(a) NEPA exception
The ministerial issuance or amendment of an organizational camp special use authorization shall not be subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). |
108hr420ih | (b) Rule of construction
For purposes of subsection (a), the ministerial issuance or amendment of an authorization occurs only when the issuance or amendment of the authorization would not change the physical environment or the activities, facilities, or program of the operations governed by the authorization, and at least one of the following apply: (1) The authorization is issued upon a change in control of the holder of an existing authorization. (2) The holder, upon expiration of an authorization, is issued a new authorization. |
108hr420ih | (3) The authorization is amended— (A) to effectuate administrative changes, such as modification of the land use fee or conversion to a new special use authorization form; or (B) to include nondiscretionary environmental standards or to conform with current law. |
108hr4299ih | 1. Designation of Dr. Miguel A. Nevárez Post Office Building
(a) Designation
The facility of the United States Postal Service located at 410 South Jackson Road in Edinburg, Texas, shall be known and designated as the Dr. Miguel A. Nevárez Post Office Building. (b) References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Dr. Miguel A Nevárez Post Office Building. |
108hr4791ih | 1. Short title
This Act may be cited as the “San Diego Water Storage and Efficiency Act of 2004”. 2. Appraisal investigations
(a) In general
The Secretary of the Interior, in consultation and cooperation with the Sweetwater Authority, public water agency, shall undertake, an appraisal investigation to identify and study opportunities for construction of a 3-reservoir intertie system to improve water supply reliability and water yield of the existing non-Federal water storage system. The appraisal report shall include a determination of whether or not to recommend the initiation of a feasibility study for the proposed intertie system. |
108hr4791ih | (b) Cooperation
The Secretary shall consult and cooperate with appropriate State, regional, and local authorities during the performance of the appraisal investigation conducted pursuant to this section. (c) Costs
The Federal obligations for costs of the appraisal investigation conducted pursuant to this section shall conform with Reclamation policy (Reclamation Manual number CMP–05-01). 3. |
108hr4791ih | Feasibility study, project development, cost share
(a) In general
The Secretary, in consultation and cooperation with the Sweetwater Authority, is authorized to undertake a study to determine the feasibility of the reservoir and intertie system recommended for such study pursuant to section 2. |
108hr4791ih | The feasibility report shall document the Secretary’s engineering, environmental, and economic investigation of the proposed reservoir and intertie project under section 2, taking into consideration the range of potential solutions and the circumstances and needs of the area to be served by the proposed reservoir and intertie project, the potential benefits to the people of that service area, and improved operations of the proposed reservoir and intertie system. The Secretary shall indicate in the feasibility report required under subsection (c) whether the proposed reservoir and intertie project is recommended for implementation. |
108hr4791ih | (b) Federal cost share
The Federal share of the costs of the feasibility study shall not exceed 50 percent of the total study costs. The Secretary may accept as part of the non-Federal cost share, any contribution of such in-kind services by the Sweetwater Authority that the Secretary determines will contribute toward the conduct and completion of the study. (c) Feasibility report
The Secretary shall submit to Congress a feasibility report for the project the Secretary recommends, and to seek, as the Secretary deems appropriate, specific authority to develop and construct any recommended project. |
108hr4791ih | This report shall include— (1) good faith letters of intent by Sweetwater Authority and its non-Federal partners to indicate that they have committed to share the allocated costs as determined by the Secretary; and (2) a schedule identifying the annual operation, maintenance, and replacement costs that should be allocated to the Sweetwater Authority, as well as the current and expected financial capability to pay OM&R costs. 4. |
108hr4791ih | Federal reclamation projects
Nothing in this Act shall supersede or amend the provisions of Federal Reclamation laws or laws associated with any project or any portion of any project constructed under any authority of Federal Reclamation laws. 5. Authorization of appropriations
The Federal costs for the appraisal and feasibility study to be conducted and pursuant to this Act shall not exceed $3,000,000 of the total amount appropriated to carry out this section. |
108hr4932ih | 1. Short title
This Act may be cited as the Northwest Rural Employment and Forest Restoration Act of 2004. 2. Definitions
In this section: (1) Northwest forest plan
The term Northwest Forest Plan means the collection of documents issued in 1994 and entitled Final Supplemental Environmental Impact Statement and Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents within the Range of the Northern Spotted Owl and Standards and Guidelines for Management of Habitat for Late-Successional and Old-Growth Forest Related Species Within the Range of the Northern Spotted Owl. |
108hr4932ih | (2) Westside forest land
The term Westside Forest land refers to the publicly owned Douglas fir and western hemlock forests in Oregon and Washington that are covered by the Northwest Forest Plan, located west of the Cascade Crest, and administered by the Bureau of Land Management or the Forest Service. These forests generally belong to the western hemlock and pacific silver fir plant associations and have their geographic center north of the mixed conifer and pine series characteristic of Southern Oregon. These forests are found within the boundaries of the Mt. |
108hr4932ih | Baker-Snoqualmie National Forests, Olympic National Forest, Gifford Pinchot National Forest, Siuslaw National Forest, Mount Hood National Forest, Willamette National Forest, Umpqua National Forest, Rogue River National Forest, Salem Bureau of Land Management District, Eugene Bureau of Land Management District, Roseburg Bureau of Land Management District, Coos Bay Bureau of Land Management District, and Medford Bureau of Land Management District. |
108hr4932ih | (3) forest health
The term forest health , with respect to an area of Westside Forest land, refers to the ability of the land to support viable native species assemblages or to have, or be developing, historic species composition, function, and structure and hydrologic function. (4) Late-successional reserve
The term late-successional reserve means land area designated as a late-successional reserve pursuant to the Northwest Forest Plan. |
108hr4932ih | (5) Old growth
The term old growth means late-successional and mature multi-storied conifer forest stands, more than 120 years old as of the date of the enactment of this Act, that provide, or are likely to provide, complex habitat for associated species assemblages. (6) Young managed stands
The term young managed stand means a stand of trees where the overstory has been mechanically removed and the stand has been artificially regenerated. 3. Findings
Congress finds the following: (1) The Northwest Forest Plan can be better implemented. |
108hr4932ih | Better implementation and funding of the Northwest Forest Plan could significantly improve protection for native forest ecosystems and wildlife and substantially increase timber production and economic opportunities for rural communities. (2) Logging of old-growth forests diminishes a unique natural heritage, as well as habitat for rare, threatened and endangered species. Old-growth logging creates intense public controversy that has prevented attainment of the social and economic goals of the Northwest Forest Plan. Thinning in younger, previously managed forests, on the contrary, can help recover habitat, reduce controversy, and create certainty and stability in wood fiber production. |
108hr4932ih | (3) To improve habitat and to capture future commodity production potential, the Forest Service and Bureau of Land Management should implement an accelerated thinning regime across a wide landscape, primarily in young managed stands. (4) There are vast unmet thinning needs on Westside Forest lands. Currently there are over 1,000,000 acres of young managed stands designated as late-successional reserves within the range of the Northwest Forest Plan that need immediate thinning or will need thinning in the near future. |
108hr4932ih | Additionally, there are approximately 1,000,000 acres of young managed stands designated as matrix on these lands that are also in immediate need of thinning or will need thinning in the near future. (5) The Forest Service estimates that thinning the millions of acres of young managed stands on Westside Forest lands could produce approximately 6,000,000,000 board-feet of commercial timber over the next couple of decades. |
108hr4932ih | (6) The timber industry in Oregon and Washington has largely re-tooled its existing mills to process the smaller-diameter commercial timber generated from thinning young managed stands and is no longer dependent on large-diameter old-growth trees. (7) A program of intensive and accelerated thinning in young managed stands could annually yield twice the volume of commercial timber products than the volume currently being produced from Federal lands under the Northwest Forest Plan. |
108hr4932ih | (8) The Olympic and Siuslaw National Forests represent nine percent of the National Forest land base in Oregon and Washington under the Northwest Forest Plan, but in 2003 produced almost 20 percent of the volume in this area. A number of factors account for this fact, but the primary reason for these forests’ productivity is the absence of appeals and litigation due to an emphasis on thinning young managed stands. |
108hr4932ih | (9) The Siuslaw National Forest generates approximately 20,000,000 board-feet annually, with the potential to generate 50,000,000 board-feet, from young managed stands, resulting in millions of dollars for additional restoration projects, other forest accounts, payments to local counties, and the Federal Treasury. (10) The Gifford Pinchot National Forest was once the top producing forest in Washington. Harvest volumes dropped substantially, to approximately 2,000,000 board-feet of timber per year, due to controversy over old-growth logging. |
108hr4932ih | Since shifting to an emphasis on thinning young managed stands, the Gifford Pinchot National Forest can now produce nearly 18,000,000 board-feet of commercial timber annually with virtually no controversy, appeals, or litigation. (11) Thinning young managed stands could significantly contribute to improved forest health, water quality, wildlife and vegetation diversity, and the development of vital old growth forest ecosystems, while providing thousands of jobs and much-needed economic activity in depressed rural communities of Western Oregon and Washington. 4. |
108hr4932ih | Inventory of Westside Forest land
(a) Westside forest inventory
Not later than 180 days after the date of the enactment of this Act, each Forest Service and Bureau of Land Management administrative unit containing Westside Forest land shall— (1) identify different forest land management allocations, as amended by the Northwest Forest Plan; and (2) identify the location, acreage, and age of old growth stands, young managed stands, and other naturally occuring stands, regardless of land management allocation. |
108hr4932ih | (b) Existing inventories
Existing forest inventories may be used to satisfy the requirements of this section, subject to an internal review confirming the accuracy of the inventory. 5. Management Priorities for Westside Forest land
(a) Forest health projects; prioritization
Upon completion of the forest inventory required by section 4 for a Forest Service or Bureau of Land Management administrative unit, the administrative unit shall plan and implement projects described in subsection (b) through (e) to enhance the forest health of Westside Forest land managed by the administrative unit. |
108hr4932ih | In selecting such projects, resources of the administrative unit shall be prioritized so that significant acreage identified in the inventory in the two categories described in subsections (b) and (c) are planned for treatment, and treatment has begun, before planning of projects described in subsections (d) and (e) is commenced. (b) Enhancement of late-successional forest development
The highest priority shall be given to projects involving variable density thinning treatments to enhance late-successional forest development in young managed stands in late-successional reserves. Projects shall avoid impacts to unstable slopes, and avoid disturbance to aquatic systems and soils. |
108hr4932ih | All projects shall comply with the management guidelines for late-successional reserves contained in the Northwest Forest Plan, except, notwithstanding the 80-year age limit for late-successional reserve management, active management to improve forest health in young managed stands may occur up to 120 years of age in a late-successional reserve. Appropriate thinning prescriptions for a late-successional reserve shall be site-specific to individual young managed stands, taking into account factors such as the slope aspect, soil type, hydrology, geomorphology, and vegetation composition of the site. |
108hr4932ih | (c) Improvement of young managed stands
The second highest priority shall be given to projects involving thinning in young managed stands designated for timber production in the matrix designed to increase the objectives of future timber production or enhanced habitat, or both objectives. (d) Testing of innovative management techniques and strategies
An administrative unit may plan and implement silvicultural projects under this section that test new and innovative management techniques and strategies in adaptive management areas under the Northwest Forest Plan. Projects shall avoid impacts to unstable slopes, streams, and soils, as defined in the Northwest Forest Plan, as well as identified old growth forests. |
108hr4932ih | (e) Projects on matrix land
For matrix land containing old growth stands, an administrative unit shall not plan, advertise, contract, or implement any harvest of timber, except for noncommercial use, or noncommercial purposes in an emergency situation such as wildland fire-fighting. Other projects may include any management activity allowed by the Northwest Forest Plan. 6. |
108hr4932ih | Preparation of programmatic environmental documentation
(a) NEPA documentation
Based on the forest inventory required by section 4 for a Forest Service or Bureau of Land Management administrative unit, the administrative unit may prepare programmatic environmental documentation pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) at the appropriate scale (District, watershed, or subwatershed) to study the significant environmental effects of the major Federal actions contemplated in projects authorized by section 5. |
108hr4932ih | (b) Elimination of repetitive discussions of issues
If programmatic environmental documentation is prepared under subsection (a), the Forest Service or Bureau of Land Management administrative unit may eliminate repetitive discussions of the same issues and focus on the actual issues ripe for decision at subsequent levels of environmental review. Subsequent levels of environmental review may tier to the programmatic environmental document by summarizing the issues discussed in the broader statement and incorporate discussions from the broader statement by reference. 7. Implementation requirements and authorization of appropriations
(a) Relation to northwest forest plan
This Act is intended to supplement the requirements of the Northwest Forest Plan. |
108hr4932ih | Except as provided in section 5, all projects on Westside Forest lands shall be planned and implemented in compliance with the Northwest Forest Plan and all other applicable laws. (b) Authorization of appropriations
There are authorized to be appropriated $25,000,000 for each fiscal year to plan and implement projects under section 5. Amounts appropriated pursuant to this authorization of appropriation shall remain available until expended. This authorization of appropriations is in addition to any other authorization of appropriations for the Forest Service or the Bureau of Land Management. |
108hr4932ih | (c) Treatment of proceeds from certain projects
(1) Retained proceeds
Subject to paragraph (2), an administrative unit of the Forest Service or the Bureau of Land Management may retain proceeds from the sale of commercial timber resulting from a project described in section 5(b) for use in planning and implementing other projects under such section and other projects to improve forest health on Westside Forest lands. |
108hr4932ih | (2) Relation to other forest receipt laws
Nothing in this Act shall affect deposits to the Knudsen-Vanderburg Reforestation Trust Fund established under section 3 of the Act of June 9, 1930 ( 16 U.S.C. 576b ), the requirement to make payments to States or counties under any provision of law, or other obligations related to receipts obtained from the sale of forest products from Westside Forest lands. |
108hr4852ih | 1. Short title; table of contents
(a) Short title
This Act may be cited as the Department of Homeland Security Authorization Act for Fiscal Year 2005. (b) Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Information collection, analysis, and dissemination Sec. 101. Information collection requirements and priorities Sec. 102. Access to information Sec. 103. Homeland Security Advisory System Sec. 104. Homeland security information sharing Sec. 105. |
108hr4852ih | IAIP personnel recruitment Sec. 106. Participation of the Department in the Terrorist Threat Integration Center Title II—Cybersecurity Sec. 201. Cybersecurity defined Sec. 202. Assistant Secretary for Cybersecurity Title III—Science and Technology Sec. 301. Homeland Security Institute extension Sec. 302. Special access programs Sec. 303. Homeland Security Science and Technology Advisory Committee Sec. 304. Additional budget-related submissions Sec. 305. Technology-related solicitations, contracts, and grants Sec. 306. Homeland security science investment Sec. |
108hr4852ih | 307. Cybersecurity training programs and equipment Sec. 308. Joint development of counterterrorism and homeland security technologies, products, and services Sec. 309. Geospatial information Sec. 310. Interoperable communications Sec. 311. Technology development and transfer Title IV—Critical Infrastructure Protection Sec. 401. Liberty Shield Award for Innovation and Excellence in Critical Infrastructure Protection Sec. 402. Sense of Congress regarding private sector participation in the Homeland Security Operations Center Sec. 403. Treatment of global positioning system as critical infrastructure Sec. 404. |
108hr4852ih | Coordination of critical infrastructure grants Sec. 405. Critical infrastructure protection awareness Title V—Emergency Preparedness and Response Sec. 501. Terrorism exercise program requirements Sec. 502. Grant award notification and distribution Sec. 503. Mutual aid program Sec. 504. National preparedness goal Sec. 505. Clarification of responsibility for interoperative communications Sec. 506. National biodefense strategy Sec. 507. National strategy to mitigate the radiological and nuclear threat Title VI—Security enforcement and investigations Sec. 601. |
108hr4852ih | Plan for enhanced coordination and interoperability of maritime and airborne homeland security assets Sec. 602. Access to border and transportation security information Sec. 603. Combined enrollment centers for expedited inspection programs Sec. 604. Expedited inspection program use at multiple ports of entry Title VII—Departmental Management and operations Sec. 701. Assignment of management responsibilities to Deputy Secretary; establishment of additional officer Sec. 702. Additional budget-related submission Sec. 703. Congressional notification requirements Title VIII—Technical Corrections and Miscellaneous Provisions Sec. 801. |
108hr4852ih | Technical correction relating to definition of critical infrastructure information Sec. 802. Clarification of pay level for Director of Bureau of Citizenship and Immigration Services Sec. 803. Director of United States Secret Service Sec. 804. Technical correction renaming the National Imagery and Mapping Agency Sec. 805. No effect on authority of Inspector General Title IX—Authorization of appropriations Sec. 901. Department of Homeland Security Sec. 902. Departmental management and operations Sec. 903. Information analysis and infrastructure protection Sec. 904. Science and technology Sec. 905. |
108hr4852ih | Security enforcement and investigations Sec. 906. Emergency preparedness and response 101. Information collection requirements and priorities
(a) In general
Section 102 of the Homeland Security Act of 2002 ( 6 U.S.C. 112 ) is amended— (1) by redesignating subsections (e), (f), and (g), as subsections (f), (g), and (h), respectively; |
108hr4852ih | and (2) by inserting after subsection (d) the following new subsection (e): (e) Participation in foreign collection requirements and Management processes
The Secretary shall be a member of any Federal Government interagency board, established by executive order or any other binding interagency directive, that is responsible for establishing foreign collection information requirements and priorities for estimative analysis. (b) Homeland Security Information Requirements Board
(1) In general
Title I of such Act ( 6 U.S.C. 111 et seq. ) is amended by adding at the end the following new section: 104. |
108hr4852ih | Homeland Security Information Requirements Board
(a) Establishment of Board
There is established an interagency Homeland Security Information Requirements Board (hereinafter in this section referred to as the Information Requirements Board ). (b) Membership
The following officials are members of the Information Requirements Board: (1) The Secretary of Homeland Security, who shall serve as the chairman of the Information Requirements Board. (2) The Attorney General. (3) The Secretary of Commerce. (4) The Secretary of the Treasury. (5) The Secretary of Defense. (6) The Secretary of Energy. |
108hr4852ih | (7) The Secretary of State. (8) The Director of Central Intelligence. (9) The Director of the Federal Bureau of Investigation. (10) The Director of the Terrorist Threat Integration Center or any successor entity. (11) The Chief Privacy Officer of the Department of Homeland Security. (c) Functions
(1) Oversight of homeland security requirements
The Information Requirements Board shall oversee the process for establishing homeland security requirements and collection management for all terrorism-related information and all other homeland security information (as defined in section 892(g)) collected within the United States. |
108hr4852ih | (2) Determination of collection priorities
The Information Requirements Board shall— (A) determine the domestic information collection requirements for information relevant to the homeland security mission; and (B) prioritize the collection and use of such information. (3) Coordination of collection requirements and Management activities
(A) Coordination with counterpart agencies
The Chairman shall ensure that the Information Requirements Board carries out its activities in a manner that is fully coordinated with Board’s counterpart entities. |
108hr4852ih | (B) Participation of counterpart entities
The Chairman and the Director of Central Intelligence shall ensure that each counterpart entity— (i) has at least one representative on the Information Requirement Board and on every sub-component of the Board; and (ii) meets jointly with the Information Requirements Board (and, as appropriate, with any sub-component of the Board) as often as the Chairman and the Director of Central Intelligence determine appropriate. |
108hr4852ih | (C) Counterpart entity defined
In this section, the term counterpart entity means an entity of the Federal Government that is responsible for foreign intelligence collection requirements and management, including the Office of the Deputy Director of Central Intelligence for Community Management and senior collection managers of each of the agencies under the National Foreign Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 ( 50 U.S.C. 401a(6) ). (d) Meetings
(1) In general
The Information Requirements Board shall meet regularly at such times and places as its Chairman may direct. |
108hr4852ih | (2) Invited representatives
The chairman may invite representatives of Federal agencies not specified in subsection (b) to attend meetings of the Information Requirements Board.. (2) Clerical amendment
The table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 103 the following new item: Sec. 104. Homeland Security Information Requirements Board. 104. Homeland Security Information Requirements Board
(a) Establishment of Board
There is established an interagency Homeland Security Information Requirements Board (hereinafter in this section referred to as the Information Requirements Board ). |
108hr4852ih | (b) Membership
The following officials are members of the Information Requirements Board: (1) The Secretary of Homeland Security, who shall serve as the chairman of the Information Requirements Board. (2) The Attorney General. (3) The Secretary of Commerce. (4) The Secretary of the Treasury. (5) The Secretary of Defense. (6) The Secretary of Energy. (7) The Secretary of State. (8) The Director of Central Intelligence. (9) The Director of the Federal Bureau of Investigation. |
108hr4852ih | (10) The Director of the Terrorist Threat Integration Center or any successor entity. (11) The Chief Privacy Officer of the Department of Homeland Security. (c) Functions
(1) Oversight of homeland security requirements
The Information Requirements Board shall oversee the process for establishing homeland security requirements and collection management for all terrorism-related information and all other homeland security information (as defined in section 892(g)) collected within the United States. |
108hr4852ih | (2) Determination of collection priorities
The Information Requirements Board shall— (A) determine the domestic information collection requirements for information relevant to the homeland security mission; and (B) prioritize the collection and use of such information. (3) Coordination of collection requirements and Management activities
(A) Coordination with counterpart agencies
The Chairman shall ensure that the Information Requirements Board carries out its activities in a manner that is fully coordinated with Board’s counterpart entities. |
108hr4852ih | (B) Participation of counterpart entities
The Chairman and the Director of Central Intelligence shall ensure that each counterpart entity— (i) has at least one representative on the Information Requirement Board and on every sub-component of the Board; and (ii) meets jointly with the Information Requirements Board (and, as appropriate, with any sub-component of the Board) as often as the Chairman and the Director of Central Intelligence determine appropriate. |
108hr4852ih | (C) Counterpart entity defined
In this section, the term counterpart entity means an entity of the Federal Government that is responsible for foreign intelligence collection requirements and management, including the Office of the Deputy Director of Central Intelligence for Community Management and senior collection managers of each of the agencies under the National Foreign Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 ( 50 U.S.C. 401a(6) ). (d) Meetings
(1) In general
The Information Requirements Board shall meet regularly at such times and places as its Chairman may direct. |
108hr4852ih | (2) Invited representatives
The chairman may invite representatives of Federal agencies not specified in subsection (b) to attend meetings of the Information Requirements Board. 102. Access to information
(a) Improvements to secure communications and information technology infrastructure
Paragraph (14) of section 201(d) of the Homeland Security Act of 2002 ( 6 U.S.C. |
108hr4852ih | 121(d) ) is amended by striking in furtherance of the responsibilities under this section, and to disseminate information acquired and analyzed by the Department, as appropriate and inserting with maximum flexibility and speed, in furtherance of the responsibilities under this section, and to ensure the simultaneous dissemination of such data and information to all appropriate personnel. (b) Improvement in access to information by Department personnel
Subsection (a) of section 202 of such Act ( 6 U.S.C. |
108hr4852ih | 122 ) is amended by adding at the end the following new paragraph: (3) Utilization
Subject to the requirements of section 201(d)(12), the Secretary may provide access to any of the information and materials described in this subsection to any personnel of the Department that the Secretary determines requires such access to discharge duties assigned to such personnel. (c) Establishment of procedures for automatic and immediate transfer of information to the Department
Subsection (b) of such section is amended— (1) by striking and at the end of paragraph (1); |
108hr4852ih | (2) by striking the period at the end of paragraph (2) and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) the Secretary, in consultation with the appropriate Federal Government officials, shall identify and put into place systems, protocols, and procedures to ensure that appropriate personnel of the Department are provided access to such information automatically and immediately. |
108hr4852ih | (d) Effect of provision of information to the Terrorist Threat Integration Center
Subsection (d) of such section is amended by adding at the end the following new paragraph: (3) Obligation to share information
Except as otherwise directed by the President or with the specific written agreement of the Secretary, no Federal agency or official shall be deemed to have discharged any obligation to share any information, report, assessment, or other material, including unevaluated intelligence information, with the Department solely by virtue of having provided that information, report, assessment, |
108hr4852ih | or other material to the Terrorist Threat Integration Center or to any entity that succeeds to any of the functions of the Terrorist Threat Integration Center. 103. Homeland Security Advisory System
(a) Coordination of advisories
Section 201(d)(7) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d)(7) ) is amended— (1) by striking and after the semicolon at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; and ; |
108hr4852ih | and (3) by adding at the end the following: (C) except as otherwise directed by the President, coordinating the issuance of homeland security advisories, warnings, and advice from other Federal agencies to State and local government agencies and authorities, the private sector, other entities, and the public. (b) Use of Homeland Security Advisory System
(1) In general
Subtitle A of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ) is amended by adding at the end the following: 203. |
108hr4852ih | Use of Homeland Security Advisory System
(a) Public advisories
If the Secretary concludes that credible information indicates a potential terrorist threat to the United States that is not or cannot, on the basis of the information available, be limited to one or more States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, or public or private sector activities or events, the Secretary shall, |
108hr4852ih | as appropriate— (1) use the Homeland Security Advisory System administered under section 201(d)(7) to inform the public of the existence and nature of the threat and to convey information about the risk it poses to the population and territory of the United States; (2) provide specific unclassified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B), to State and local government agencies and authorities, the private sector, other entities, and the public; |
108hr4852ih | and (3) provide specific classified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B) to State and local government officials and individuals in the private sector, who— (A) have the appropriate security clearance; and (B) in the Secretary’s judgment, need to have access to such information and advice in order to discharge their homeland security-related functions. (b) Limited advisories
If the Secretary concludes that credible information indicates a potential terrorist threat to one or more particular States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, |
108hr4852ih | public or private sector activities or events, or any combination of the foregoing, the Secretary— (1) shall, as appropriate, inform officials of the affected entities and provide specific warning information and advice about protective measures and countermeasures to those officials pursuant to section 201(d)(7)(B); and (2) may, in the Secretary’s discretion, issue a public advisory relating to such threat. (2) Clerical amendment
The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 202 the following: Sec. 203. |
108hr4852ih | Use of Homeland Security Advisory System. 203. Use of Homeland Security Advisory System
(a) Public advisories
If the Secretary concludes that credible information indicates a potential terrorist threat to the United States that is not or cannot, on the basis of the information available, be limited to one or more States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, or public or private sector activities or events, the Secretary shall, |
108hr4852ih | as appropriate— (1) use the Homeland Security Advisory System administered under section 201(d)(7) to inform the public of the existence and nature of the threat and to convey information about the risk it poses to the population and territory of the United States; (2) provide specific unclassified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B), to State and local government agencies and authorities, the private sector, other entities, and the public; |
108hr4852ih | and (3) provide specific classified warning information and advice about appropriate protective measures and countermeasures pursuant to section 201(d)(7)(B) to State and local government officials and individuals in the private sector, who— (A) have the appropriate security clearance; and (B) in the Secretary’s judgment, need to have access to such information and advice in order to discharge their homeland security-related functions. |
108hr4852ih | (b) Limited advisories
If the Secretary concludes that credible information indicates a potential terrorist threat to one or more particular States, regions, localities, facilities, sites, elements of the population, critical infrastructure sectors, public or private sector activities or events, or any combination of the foregoing, the Secretary— (1) shall, as appropriate, inform officials of the affected entities and provide specific warning information and advice about protective measures and countermeasures to those officials pursuant to section 201(d)(7)(B); and (2) may, in the Secretary’s discretion, issue a public advisory relating to such threat. 104. |
108hr4852ih | Homeland security information sharing
(a) Administration of the homeland security information network
Section 201(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d) ) is amended by adding at the end the following new paragraph: (20) To administer the homeland security information network, including— (A) exercising primary responsibility for creating a secure nationwide real-time homeland security information sharing network for Federal, State, and local government agencies and authorities, the private sector, and other governmental and private entities involved in receiving, analyzing, and distributing information related to threats to homeland security; |
108hr4852ih | and (B) ensuring that the information sharing systems, developed in connection with the network created under subparagraph (A), utilize and are compatible with, to the greatest extent practicable, Federal, State, and local government and private sector antiterrorism systems and protocols that have been or are being developed. (b) Coordination of dissemination of information to non-Federal entities
(1) In general
Section 892 of such Act ( 6 U.S.C. 482 ) is amended— (A) by redesignating subsections (f) and (g) as subsections (g) and (h), |
108hr4852ih | respectively; and (B) by inserting after subsection (e) the following new subsection (f): (f) Requirement for coordination of dissemination of information to non-Federal entities
(1) In general
Except as otherwise directed by the President or with the specific written agreement of the Secretary, no element of the intelligence community nor any department, agency, or other entity having Federal law enforcement responsibilities, nor any partnership or joint venture consisting wholly or in part of such entities, shall disseminate its analytic products or conclusions related to threats to homeland security to State, local, or private sector officials without the prior approval of the Secretary, |
108hr4852ih | except that the head of such an element, department, agency, or other entity may disseminate an analytic product or conclusion without the Secretary's approval— (A) when and to the extent that exigent circumstances require that a specific analytic product or conclusion be disseminated in order to prevent, preempt, or disrupt an imminent threat of death or serious bodily injury or significant damage to United States persons, infrastructure or other interests; or (B) when it is necessary to share an analytic product or conclusion with Federal, State, and local law enforcement officials relating to a law enforcement activity, if— (i) the Department is provided, |
108hr4852ih | as soon as feasible, notice of the potential of such a communication and is, to the extent practicable, included in the development of such communication through the Department's liaison at the headquarters of the Federal Bureau of Investigation; and (ii) the Secretary must approve any further dissemination of such analytic product or conclusion to non-law enforcement State and local officials, the private sector, or the public. (2) When an analytic product or conclusion is disseminated pursuant to paragraph (1)(A), the Secretary and the appropriate entities or officials in other United States Government agencies shall be notified immediately of that dissemination. |
108hr4852ih | (2) Definition
Subsection (g) of such section (as redesignated by paragraph (1)(A)) is amended by adding at the end the following new paragraph: (5) Analytic product or conclusion
The term analytic product or conclusion means any product of the analysis of one or more pieces of homeland security information in which inferences have been drawn from such information to arrive at a determination about a fact (including a potential threat) that was not explicit or apparent on the face of the information itself, but does not include mere summaries of homeland security information. 105. |
Subsets and Splits