• The Federal Boating Safety Act of 1971, which authorized the • The Recreational Boating Safety Improvement Act of 1998 The Federal Water Pollution Control Act of 1972 (popularly The Oil Pollution Act of 1990 (OPA 90), which expands the • The Marine Protection, Research and Sanctuaries Act of 1972, The Act to Prevent Pollution from Ships, which requires the • The Marine Plastic Pollution Research and Control Act of 1987, • The Hazardous Materials Transportation Act, which requires • The Intervention on the High Seas Act, which authorizes the • The Fishery Conservation and Management Act of 1976, which The Outer Continental Shelf Lands Act Amendments of 1978, • The National Invasive Species Act of 1996, which amended the Amendment to H.R. 5005 Offered by Mr. Young of Alaska Page 6, line 21, insert “and” after the semicolon. Page 7, line 10, insert "and" after the semicolon. Page 7, line 11, strike the semicolon and insert a period. Page 7, strike lines 12 through 17. Page 8, after line 16, insert the following: (c) ISSUANCE OF REGULATIONS.-The issuance of regulations by the Secretary shall be governed by the provisions of chapter 5 of title 5, United States Code, except as specifically provided in this Act, in laws granting regulatory authorities that are transferred by this Act, and in laws enacted after the date of enactment of this Act. Page 9, strike lines 17 through 21. Page 22, strike lines 20 through 24 (and redesignate subsequent paragraphs accordingly). Page 23, line 1, insert "subject to section 404," after “(4)”. Page 23, line 3, strike "of the Secretary of Transportation, and" Page 23, line 4, strike the comma at the end. Page 23, line 6, insert "subject to section 405," after “(5)". Page 24, after line 6, insert the following (and conform the table of contents of the bill accordingly): SEC. 404. FUNCTIONS OF TRANSPORTATION SECURITY ADMINISTRATION. (a) IN GENERAL.—The functions of the Transportation Security Administration of the Department of Transportation transferred under section 402(5) shall be carried out by an Assistant Secretary of the Department appointed by the President under section 103(a)(7). The Assistant Secretary shall be known as the Assistant Secretary for Transportation Security (in this section referred to as the "Assistant Secretary"). (b) REPORTING.-The Assistant Secretary shall report to the Under Secretary for Border and Transportation Security. (c) CONSULTATION WITH FEDERAL AVIATION ADMINISTRATION.-The Secretary and other officials in the Department shall consult with the Administrator of the Federal Aviation Administration before taking any action that might affect aviation safety, air carrier operations, aircraft airworthiness, or the use of airspace. The Secretary shall establish a liaison office within the Department for the purpose of consulting with the Administrator of the Federal Aviation Administration. (d) DATE OF TRANSFER OF FUNCTIONS.-Notwithstanding section 802 or any other provision of this Act, the transfer relating to the Transportation Security Administration under section 402(5) shall not occur until after (1) the Secretary, Assistant Secretary, and the Under Secretary for Border and Transportation Security have each taken office; (2) the Secretary of Transportation certifies that explosive detection systems are deployed at all United States airports described in section 44903(c) of title 49, United States Code, and that these systems are screening all checked baggage; and (3) the Secretary of Transportation certifies that a sufficient number of Federal screeners, Federal Security Managers, Federal security personnel, and Federal law enforcement officers have been deployed at all airports in the United States at which screening is required under section 44901 of title 49, United States Code, other than airports participating in the pilot program under section 44919 of such title. (e) TSA AND OTHER SECURITY-RELATED PROGRAMS.— (1) TSA PROGRAMS.-For purposes of the transfer under section 402(5), the Transportation Security Administration shall be considered to consist of those programs for which funds are specifically requested for the Transportation Security Administration in the President's budget submission to Congress for fiscal year 2003. (2) OTHER SECURITY-RELATED PROGRAMS.-Other security-related programs within the Department of Transportation may not be transferred to the Department of Homeland Security before the last day of a 30-day period of continuous session of Congress following the date of transmittal by the President to Congress of a notice of the President's intent to make such a transfer. For purposes of the preceding sentence, continuity of a session of Congress is broken only by an adjournment sine die, and there shall be excluded from the computation of such 30-day period any day during which either House of Congress is not in session during an adjournment of more than 3 days to a day certain. (f) REPORT TO CONGRESS.-Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to Congress a report containing a plan for complying with the requirements of section 44901(d) of title 49, United States Code. (g) LIMITATIONS ON STATUTORY CONSTRUCTION.— (1) GRANT OF AUTHORITY.—Nothing in this Act may be construed to vest in the Secretary or any other official in the Department any authority over transportation security that is not vested in the Under Secretary of Transportation for Security, or in the Secretary of Transportation under chapter 449 of title 49, United States Code, on the day before the date of enactment of this Act. (2) OBLIGATION OF AIP FUNDS.—Nothing in this Act may be construed to authorize the Secretary or any other official in the Department to obligate amounts made available under section 48103 of title 49, United States Code. (h) REFERENCES.-References relating to the Under Secretary of Transportation for Security and the Transportation Security Administration of the Department of Transportation in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede the effective date of the transfer under section 402(5) shall be deemed to refer, as appropriate, to the Assistant Secretary and the Department, respectively. SEC. 405. FUNCTIONS OF ADMINISTRATOR OF GENERAL SERVICES. (a) OPERATION, MAINTENANCE, AND PROTECTION OF FEDERAL BUILDINGS AND GROUNDS.-Nothing in this Act may be construed to affect the functions or authorities of the Administrator of General Services with respect to the operation, maintenance, and protection of buildings and grounds owned or occupied by the Federal Government and under the jurisdiction, custody, or control of the Administrator. Except for the law enforcement and related security functions transferred under section 402(6), the Administrator shall retain all powers, functions, and authorities vested in the Administrator under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) and other provisions of law that are necessary for the operation, maintenance, and protection of such buildings and grounds. (b) COLLECTION OF RENTS AND FEES; FEDERAL BUILDINGS FUND.— (1) STATUTORY CONSTRUCTION.-Nothing in this Act may be construed- (B) to authorize the Secretary or any other official in the Department to obligate amounts in the Federal Buildings Fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)). (2) USE OF TRANSFERRED AMOUNTS.-Any amounts transferred by the Administrator of General Services to the Secretary out of rents and fees collected by the Administrator shall be used by the Secretary solely for the protection of buildings or grounds owned or occupied by the Federal Government. SEC. 406. RETENTION OF COAST GUARD FUNCTIONS. (a) LIMITATION ON FUNCTIONS OF UNDER SECRETARY.-Notwithstanding any other provision of this title, the functions of the Under Secretary for Border and Transportation Security do not include any function that immediately before this Act takes effect is a function of the Coast Guard. (b) PRESERVATION OF COAST GUARD FUNCTIONS.-The functions of the Coast Guard (and of the Secretary of the Department in which the Coast Guard is operating with respect to such functions) are not affected by this title. SEC. 407. INTERAGENCY SECURITY COMMITTEE. (a) PURPOSE.-It is the purposes of this section to enhance the quality and effectiveness of security in and protection of buildings and facilities in the United States occupied by Federal employees for nonmilitary activities (in this section referred to as "Federal facilities") and to provide a permanent body to address continuing Government-wide security for Federal facilities. (b) ESTABLISHMENT.-There is established within the executive branch t Interagency Security Committee (in this section referred to as the "Commit The Committee shall consist of the following members: (1) The Administrator of General Services. (2) Representatives from the following agencies, appointed by the agency heads: (A) Department of State. (B) Department of the Treasury. (C) Department of Defense. (D) Department of Justice. (E) Department of Homeland Security. (F) Department of the Interior. (G) Department of Agriculture. (H) Department of Commerce. (I) Department of Labor. (J) Department of Health and Human Services. (K) Department of Housing and Urban Development. (M) Department of Energy. (N) Department of Education. (O) Department of Veterans Affairs. (P) Environmental Protection Agency. (R) Office of Management and Budget. (3) The following individuals or their designees: (A) The Director, United States Marshals Service. (B) The head of the Federal Protective Service. (C) The Assistant to the President for National Security Affairs. (D) The Director, Security Policy Board. (4) Such other Federal employees as the President shall appoint. (c) CHAIR.-The Committee shall be chaired or co-chaired by the Administrator of General Services, or the designee of the Administrator. (d) WORKING GROUPS.-The Committee is authorized to establish interagency working groups to perform such tasks as may be directed by the Committee. (e) CONSULTATION.-The Committee may consult with other parties, including the Administrative Office of the United States Courts, to perform its responsibilities under this section and, at the discretion of the Committee, such other parties may participate in the working groups. (f) DUTIES AND RESPONSIBILITIES.-The Committee shall (1) establish policies for security in and protection of Federal facilities; (2) develop and evaluate security standards for Federal facilities, develop a strategy for ensuring compliance with such standards, and oversee the implementation of appropriate security measures in Federal facilities; and (3) take such actions as may be necessary to enhance the quality and effectiveness of security and protection of Federal facilities, including (A) encouraging agencies with security responsibilities to share security-related intelligence in a timely and cooperative manner; (B) assessing technology and information systems as a means of providing cost-effective improvements to security in Federal facilities; (C) developing long-term construction standards for those locations with threat levels or missions that require blast resistant structures or other specialized security requirements; (D) evaluating standards for the location of, and special security related to, day care centers in Federal facilities; and (E) assisting the Administrator of General Services in developing and maintaining a centralized security data base of all Federal facilities. (g) AGENCY SUPPORT AND COOPERATION.— (1) ADMINISTRATIVE SUPPORT.-To the extent permitted by law and subject to the availability of appropriations, the Administrator of General Services shall provide the Committee such administrative services, funds, facilities, staff, and other support services as may be necessary for the performance of its functions under this section. (2) COOPERATION.-Each executive agency and department shall cooperate and comply with the policies and recommendations of the Committee issued pursuant to this section, except to the extent that the Director of Central Intelligence determines that compliance would jeopardize intelligence sources and methods. To the extent permitted by law and subject to the availability of appropriations, executive agencies and departments shall provide such support as may be necessary to enable the Committee to perform its duties and responsibilities under this section. (3) COMPLIANCE.-The Administrator of General Services shall be responsible for monitoring Federal agency compliance with the policies and recommendations of the Committee. SEC. 408. ANNUAL ASSESSMENT OF TERRORIST-RELATED THREATS TO PUBLIC TRANSPORTATION. On an annual basis, the Secretary, in consultation with the heads of other appropriate Federal departments and agencies, shall conduct an assessment of terrorist-related threats to all forms of public transportation, including public gathering areas related to public transportation. Page 24, lines 16 and 17, strike ", major disasters, and other emergencies". Page 25, line 7, strike “and major disasters". Page 25, lines 19 and 20, strike "or major disaster". Page 25, line 22, strike "and major disasters". Page 26, strike lines 3 through 5 and insert the following: (6) in consultation with the Director of the Federal Emergency Management Agency, consolidating existing Federal Government emergency response plans for terrorist attacks into the Federal Response Plan referred to in section 506(b); and Page 26, strike lines 14 through 17 (and redesignate subsequent paragraphs accordingly). Page 30, after line 9, insert the following: SEC. 506. ROLE OF FEDERAL EMERGENCY MANAGEMENT AGENCY. (a) IN GENERAL.-The functions of the Federal Emergency Management Agency include, but are not limited to, the following: (1) All functions and authorities prescribed by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (2) Carrying out its mission to reduce the loss of life and property and protect the Nation from all hazards by leading and supporting the Nation in a comprehensive, risk-based emergency management program (A) of mitigation, by taking sustained actions to reduce or eliminate long-term risk to people and property from hazards and their effects; (B) of preparedness, by building the emergency management profession to prepare effectively for, mitigate against, respond to, and recover from any hazard by planning, training, and exercising; (C) of response, by conducting emergency operations to save lives and property through positioning emergency equipment and supplies, through evacuating potential victims, through providing food, water, shelter, and medical care to those in need, and through restoring critical public services; (D) of recovery, by rebuilding communities so individuals, businesses, and governments can function on their own, return to normal life, and protect against future hazards; and (E) of increased efficiencies, by coordinating efforts relating to preparedness and response activities to maximize efficiencies. (b) FEDERAL RESPONSE PLAN.— (1) ROLE OF FEMA.-Notwithstanding any other provision of this Act, the Federal Emergency Management Agency shall remain the lead agency for the Federal Response Plan established under Executive Order 12148 (44 Fed. Reg. 43239) and Executive Order 12656 (53 Fed. Reg. 47491). (2) REVISION OF RESPONSE PLAN.-Not later than 60 days after the date of enactment of this Act, the Director of the Federal Emergency Management Agency shall revise the Federal Response Plan to reflect the establishment of and incorporate the Department. (3) MEMORANDUM OF UNDERSTANDING.-Not later than 60 days after the date of enactment of this Act, the Secretary and the Director of the Federal Emergency Management Agency shall adopt a memorandum of understanding to address the roles and responsibilities of their respective agencies under this |