[Congressional Record Volume 148, Number 123 (Wednesday, September 25, 2002)]
[Senate]
[Pages S9235-S9349]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 4732. Mr. FEINGOLD (for himself, Mr. Kennedy, and Mr. Corzine)
submitted an amendment intended to be proposed by him to the bill H.R.
5005, to establish the Department of Homeland Security, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. STANDARDS FOR CLOSING REMOVAL HEARINGS.
Section 240 of the Immigration and Nationality Act (8
U.S.C. 1229a) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Standards for Closing Removal Hearings.--
``(1) In general.--Except as provided in paragraph (2), a
removal proceeding under this section shall be open to the
public.
``(2) Exceptions.--Portions of a removal proceeding under
this section may be closed to the public, on a case by case
basis, when necessary--
``(A) and with the consent of the alien, to preserve the
confidentiality of applications for--
``(i) asylum;
``(ii) withholding of removal;
``(iii) relief under the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
done at New York December 10, 1984;
``(iv) relief under the Violence Against Women Act of 1994
(Public Law 103-322; 108 Stat. 1902); or
``(v) other applications for relief involving confidential
personal information or where portions of the removal hearing
involve minors or issues relating to domestic violence; or
``(B) to protect the national security by preventing the
disclosure of--
``(i) classified information; or
``(ii) the identity of a confidential informant.''.
______
SA 4733. Mr. FEINGOLD (for himself and Mr. Kennedy) submitted an
amendment intended to be proposed by him to the bill H.R. 5005, to
establish the Department of Homeland Security, and for other purposes;
which was ordered to lie on the table; as follows:
On page ____, strike line ____ and all that follows through
page ____, line ____, and insert the following:
SEC. ____. CIVIL RIGHTS OFFICER.
(a) In General.--There shall be in the Department a Civil
Rights Officer, who shall be appointed by the President, by
and with the advice and consent of the Senate.
(b) Responsibilities.--The Civil Rights Officer shall be
responsible for--
(1) ensuring compliance with all civil rights and related
laws and regulations applicable to Department employees and
participants in Department programs;
(2) coordinating administration of all civil rights and
related laws and regulations within the Department for
Department employees and participants in Department programs;
(3) assisting the Secretary, directorates, and offices with
the development and implementation of policies and procedures
that ensure that civil rights considerations are
appropriately incorporated and implemented in Department
programs and activities;
(4) overseeing compliance with statutory and constitutional
requirements related to the civil rights of individuals
affected by the programs and activities of the Department;
and
(5) notifying the Inspector General of any matter that, in
the opinion of the Civil Rights Officer, warrants further
investigation.
SEC. ____. PRIVACY OFFICER.
(a) In General.--There shall be in the Department a Privacy
Officer, who shall be appointed by the Secretary.
(b) Responsibilities.--The Privacy Officer shall--
(1) oversee compliance with section 552a of title 5, United
States Code (commonly referred to as the Privacy Act of 1974)
and all other applicable laws relating to the privacy of
personal information;
(2) assist the Secretary, directorates, and offices with
the development and implementation of policies and procedures
that ensure that--
(A) privacy considerations and safeguards are appropriately
incorporated and implemented in Department programs and
activities; and
(B) any information received by the Department is used or
disclosed in a manner that minimizes the risk of harm to
individuals from the inappropriate disclosure or use of such
materials;
(3) assist Department personnel with the preparation of
privacy impact assessments when required by law or considered
appropriate by the Secretary; and
(4) notify the Inspector General of any matter that, in the
opinion of the Privacy Officer, warrants further
investigation.
SEC. ____. INSPECTOR GENERAL.
(a) In General.--There shall be in the Department an
Inspector General. The Inspector General and the Office of
Inspector General shall be subject to the Inspector General
Act of 1978 (5 U.S.C. App.).
(b) Establishment.--Section 11 of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by inserting ``Homeland Security,''
after ``Health and Human Services,''; and
(2) in paragraph (2), by inserting ``Homeland Security,''
after ``Health and Human Services,''.
(c) Assistant Inspector General for Civil Rights and Civil
Liberties.--
(1) In general.--There shall be in the Office of Inspector
General an Assistant Inspector General for Civil Rights and
Civil Liberties (in this section referred to as the
``Assistant Inspector General''), who shall be appointed
without regard to political affiliation and solely on the
basis of demonstrated ability in civil rights and civil
liberties, law, management analysis, investigations, and
public relations.
(2) Responsibilities of the assistant inspector general.--
The Assistant Inspector General shall--
(A) review information and receive complaints from any
source alleging abuses of civil rights and civil liberties
by--
(i) employees and officials of the Department;
(ii) independent contractors retained by the Department; or
(iii) grantees of the Department;
(B) conduct such investigations as the Assistant Inspector
General considers necessary, either self-initiated or in
response to complaints, to determine the policies and
practices to protect civil rights and civil liberties of--
(i) the Department;
(ii) any unit of the Department;
(iii) independent contractors employed by the Department;
or
(iv) grantees of the Department;
(C) conduct investigations of the programs and operations
of the Department to determine whether the Department's civil
rights and civil liberties policies are being effectively
implemented, except that the Assistant Inspector General
shall not have any responsibility for the enforcement of the
Equal Employment Opportunities Act;
(D) inform the Secretary and Congress of weaknesses,
problems, and deficiencies within the Department relating to
civil rights and civil liberties;
(E) provide prompt notification to the Civil Rights Officer
of any complaints of violations of civil rights or civil
liberties, and consult with the Civil Rights Officer
regarding the investigation of such complaints, upon request
or as appropriate ;
(F) publicize, in multiple languages, through the Internet,
radio, television, and newspaper advertisements--
(i) information on the responsibilities and functions of
the Assistant Inspector General; and
(ii) instructions on how to contact the Assistant Inspector
General; and
(G) on a semi-annual basis, submit to Congress, for
referral to the appropriate committee or committees, a
report--
(i) describing the implementation of this subsection,
including the number of complaints received and a general
description of any complaints received and investigations
undertaken either in response to a complaint or on the
initiative of the Assistant Inspector General;
(ii) detailing any civil rights abuses under subparagraph
(A); and
(iii) accounting for the expenditure of funds to carry out
this subsection.
(d) Additional Provisions With Respect to the Inspector
General of the Department of Homeland Security.--The
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating section 8I as section 8J; and
(2) by inserting after section 8H the following:
Special provisions concerning the Department of Homeland Security
``Sec. 8I. (a)(1) Notwithstanding the last 2 sentences of
section 3(a), the Inspector General of the Department of
Homeland Security (in this section referred to as the
``Inspector General'') shall be under the authority,
direction, and control of the Secretary of Homeland Security
(in this section referred to as the ``Secretary'') with
respect to audits or investigations, or the issuance of
subpoenas, which require access to sensitive information
concerning--
``(A) intelligence or counterintelligence matters;
[[Page S9236]]
``(B) ongoing criminal investigations or proceedings;
``(C) undercover operations;
``(D) the identity of confidential sources, including
protected witnesses;
``(E) other matters the disclosure of which would
constitute a serious threat to the protection of any person
or property authorized protection by--
``(i) section 3056 of title 18, United States Code;
``(ii) section 202 of title 3, United States Code; or
``(iii) any provision of the Presidential Protection
Assistance Act of 1976 (18 U.S.C. 3056 note); or
``(F) other matters the disclosure of which would
constitute a serious threat to national security.
``(2) With respect to the information described under
paragraph (1), the Secretary may prohibit the Inspector
General from carrying out or completing any audit or
investigation, or from issuing any subpoena, after such
Inspector General has decided to initiate, carry out, or
complete such audit or investigation or to issue such
subpoena, if the Secretary determines that such prohibition
is necessary to--
``(A) prevent the disclosure of any information described
under paragraph (1);
``(B) preserve vital national security interests; or
``(C) prevent significant impairment to the national
interests of the United States.
``(3)(A) If the Secretary exercises any power under
paragraph (1) or (2), the Secretary shall notify the
Inspector General or, with respect to investigations relating
to civil rights or civil liberties, the Assistant Inspector
General for Civil Rights and Civil Liberties (in this section
referred to as the `Assistant Inspector General'), in writing
(appropriately classified, if necessary) within 7 calendar
days stating the reasons for such exercise.
``(B) Within 30 days after receipt of any notice under
subparagraph (A), the Inspector General or Assistant
Inspector General, as appropriate, shall prepare a copy of
such notice and a written response that states whether the
Inspector General or Assistant Inspector General, as
appropriate, agrees or disagrees with the Secretary's
exercise of a power under paragraph (1) and describes the
reasons for any disagreement, to--
``(i) the President of the Senate;
``(ii) the Speaker of the House of Representatives;
``(iii) the Committee on Governmental Affairs of the
Senate;
``(iv) the Committee on Government Reform of the House of
Representatives; and
``(v) other appropriate committees or subcommittees of
Congress.
``(b)(1) In carrying out the duties and responsibilities
under this Act, the Inspector General shall have oversight
responsibility for the internal investigations and audits
performed by any other office performing internal
investigatory or audit functions in any subdivision of the
Department of Homeland Security. With respect to
investigations relating to civil rights or civil liberties,
the Inspector General's responsibilities under this section
shall be exercised by the Assistant Inspector General.
``(2) The head of each other office described under
paragraph (1) shall promptly report to the Inspector General
the significant activities being carried out by such office.
``(3)(A) Notwithstanding paragraphs (1) and (2), the
Inspector General may initiate, conduct, and supervise such
audits and investigations in the Department (including in any
subdivision referred to in paragraph (1)) as the Inspector
General considers appropriate.
``(B) If the Inspector General initiates an audit or
investigation under subparagraph (A) concerning a subdivision
referred to in paragraph (1), the Inspector General may
provide the head of the other office performing internal
investigatory or audit functions in the subdivision with
written notice that the Inspector General has initiated such
an audit or investigation.
``(C) If the Inspector General issues a notice under
subparagraph (B), no other audit or investigation shall be
initiated into the matter under audit or investigation by the
Inspector General, and any other audit or investigation of
such matter shall cease.
``(c) Any report required to be transmitted by the
Secretary to the appropriate committees or subcommittees of
Congress under section 5(d) shall also be transmitted, within
the 7-day period specified under that subsection, to--
``(1) the President of the Senate;
``(2) the Speaker of the House of Representatives;
``(3) the Committee on Governmental Affairs of the Senate;
and
``(4) the Committee on Government Reform of the House of
Representatives.
``(d)(1) The Assistant Inspector General shall inform the
complainant regarding what actions were taken in response to
a complaint.
``(2) With respect to any complaints received or
investigations undertaken by the Assistant Inspector General,
any person employed by an independent contractor, or grantee,
of the Department shall be entitled to the same protections
as are provided to employees of the Department under section
7.''.
(e) Technical and Conforming Amendments.--The Inspector
General Act of 1978 (5 U.S.C. appendix) is amended--
(1) in section 4(b), by striking ``8F'' each place it
appears and inserting ``8G''; and
(2) in section 8J (as redesignated by subsection (d)(1)),
by striking ``or 8H'' and inserting ``, 8H, or 8I''.
(f) Definition.--In this Act, the term ``civil rights and
civil liberties'' means rights and liberties, which--
(1) are or may be protected by the Constitution or
implementing legislation; or
(2) are analogous to the rights and liberties under
paragraph (1), whether or not secured by treaty, statute,
regulation or executive order.
SEC. ____. REPEAL OF IMMUNITY FOR CUSTOMS OFFICERS IN
CONDUCTING CERTAIN SEARCHES.
(a) In General.--Section 3061 of the Revised Statutes is
amended--
(1) in subsection (a), by striking ``(a)''; and
(2) by striking subsection (b).
(b) Trade Act of 2002.--The Trade Act of 2002 is amended--
(1) by striking section 341; and
(2) in the table of contents, by striking the item relating
to section 341.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in chapter 4 of title III of
the Trade Act of 2002.
SEC. ____. STANDARDS FOR CLOSING REMOVAL HEARINGS.
Section 240 of the Immigration and Nationality Act (8
U.S.C. 1229a) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Standards for Closing Removal Hearings.--
``(1) In general.--Except as provided in paragraph (2), a
removal proceeding under this section shall be open to the
public.
``(2) Exceptions.--Portions of a removal proceeding under
this section may be closed to the public, on a case by case
basis, when necessary--
``(A) and with the consent of the alien, to preserve the
confidentiality of applications for--
``(i) asylum;
``(ii) withholding of removal;
``(iii) relief under the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
done at New York December 10, 1984;
``(iv) relief under the Violence Against Women Act of 1994
(Public Law 103-322; 108 Stat. 1902); or
``(v) other applications for relief involving confidential
personal information or where portions of the removal hearing
involve minors or issues relating to domestic violence; or
``(B) to protect the national security by preventing the
disclosure of--
``(i) classified information; or
``(ii) the identity of a confidential informant.''.
______
SA 4734. Mr. FEINGOLD (for himself and Mr. Kennedy) submitted an
amendment intended to be proposed by him to the bill H.R. 5005, to
establish the Department of Homeland Security, and for other purposes;
which was ordered to lie on the table; as follows:
On page ____, strike line ____ and all that follows through
page ____, line ____, and insert the following:
SEC. ____. CIVIL RIGHTS OFFICER.
(a) In General.--There shall be in the Department a Civil
Rights Officer, who shall be appointed by the President, by
and with the advice and consent of the Senate.
(b) Responsibilities.--The Civil Rights Officer shall be
responsible for--
(1) ensuring compliance with all civil rights and related
laws and regulations applicable to Department employees and
participants in Department programs;
(2) coordinating administration of all civil rights and
related laws and regulations within the Department for
Department employees and participants in Department programs;
(3) assisting the Secretary, directorates, and offices with
the development and implementation of policies and procedures
that ensure that civil rights considerations are
appropriately incorporated and implemented in Department
programs and activities;
(4) overseeing compliance with statutory and constitutional
requirements related to the civil rights of individuals
affected by the programs and activities of the Department;
and
(5) notifying the Inspector General of any matter that, in
the opinion of the Civil Rights Officer, warrants further
investigation.
SEC. ____. PRIVACY OFFICER.
(a) In General.--There shall be in the Department a Privacy
Officer, who shall be appointed by the Secretary.
(b) Responsibilities.--The Privacy Officer shall--
(1) oversee compliance with section 552a of title 5, United
States Code (commonly referred to as the Privacy Act of 1974)
and all other applicable laws relating to the privacy of
personal information;
(2) assist the Secretary, directorates, and offices with
the development and implementation of policies and procedures
that ensure that--
(A) privacy considerations and safeguards are appropriately
incorporated and implemented in Department programs and
activities; and
(B) any information received by the Department is used or
disclosed in a manner
[[Page S9237]]
that minimizes the risk of harm to individuals from the
inappropriate disclosure or use of such materials;
(3) assist Department personnel with the preparation of
privacy impact assessments when required by law or considered
appropriate by the Secretary; and
(4) notify the Inspector General of any matter that, in the
opinion of the Privacy Officer, warrants further
investigation.
SEC. ____. INSPECTOR GENERAL.
(a) In General.--There shall be in the Department an
Inspector General. The Inspector General and the Office of
Inspector General shall be subject to the Inspector General
Act of 1978 (5 U.S.C. App.).
(b) Establishment.--Section 11 of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by inserting ``Homeland Security,''
after ``Health and Human Services,''; and
(2) in paragraph (2), by inserting ``Homeland Security,''
after ``Health and Human Services,''.
(c) Assistant Inspector General for Civil Rights and Civil
Liberties.--
(1) In general.--There shall be in the Office of Inspector
General an Assistant Inspector General for Civil Rights and
Civil Liberties (in this section referred to as the
``Assistant Inspector General''), who shall be appointed
without regard to political affiliation and solely on the
basis of demonstrated ability in civil rights and civil
liberties, law, management analysis, investigations, and
public relations.
(2) Responsibilities of the assistant inspector general.--
The Assistant Inspector General shall--
(A) review information and receive complaints from any
source alleging abuses of civil rights and civil liberties
by--
(i) employees and officials of the Department;
(ii) independent contractors retained by the Department; or
(iii) grantees of the Department;
(B) conduct such investigations as the Assistant Inspector
General considers necessary, either self-initiated or in
response to complaints, to determine the policies and
practices to protect civil rights and civil liberties of--
(i) the Department;
(ii) any unit of the Department;
(iii) independent contractors employed by the Department;
or
(iv) grantees of the Department;
(C) conduct investigations of the programs and operations
of the Department to determine whether the Department's civil
rights and civil liberties policies are being effectively
implemented, except that the Assistant Inspector General
shall not have any responsibility for the enforcement of the
Equal Employment Opportunities Act;
(D) inform the Secretary and Congress of weaknesses,
problems, and deficiencies within the Department relating to
civil rights and civil liberties;
(E) provide prompt notification to the Civil Rights Officer
of any complaints of violations of civil rights or civil
liberties, and consult with the Civil Rights Officer
regarding the investigation of such complaints, upon request
or as appropriate ;
(F) publicize, in multiple languages, through the Internet,
radio, television, and newspaper advertisements--
(i) information on the responsibilities and functions of
the Assistant Inspector General; and
(ii) instructions on how to contact the Assistant Inspector
General; and
(G) on a semi-annual basis, submit to Congress, for
referral to the appropriate committee or committees, a
report--
(i) describing the implementation of this subsection,
including the number of complaints received and a general
description of any complaints received and investigations
undertaken either in response to a complaint or on the
initiative of the Assistant Inspector General;
(ii) detailing any civil rights abuses under subparagraph
(A); and
(iii) accounting for the expenditure of funds to carry out
this subsection.
(d) Additional Provisions With Respect to the Inspector
General of the Department of Homeland Security.--The
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating section 8I as section 8J; and
(2) by inserting after section 8H the following:
Special provisions concerning the Department of Homeland Security
``Sec. 8I. (a)(1) Notwithstanding the last 2 sentences of
section 3(a), the Inspector General of the Department of
Homeland Security (in this section referred to as the
``Inspector General'') shall be under the authority,
direction, and control of the Secretary of Homeland Security
(in this section referred to as the ``Secretary'') with
respect to audits or investigations, or the issuance of
subpoenas, which require access to sensitive information
concerning--
``(A) intelligence or counterintelligence matters;
``(B) ongoing criminal investigations or proceedings;
``(C) undercover operations;
``(D) the identity of confidential sources, including
protected witnesses;
``(E) other matters the disclosure of which would
constitute a serious threat to the protection of any person
or property authorized protection by--
``(i) section 3056 of title 18, United States Code;
``(ii) section 202 of title 3, United States Code; or
``(iii) any provision of the Presidential Protection
Assistance Act of 1976 (18 U.S.C. 3056 note); or
``(F) other matters the disclosure of which would
constitute a serious threat to national security.
``(2) With respect to the information described under
paragraph (1), the Secretary may prohibit the Inspector
General from carrying out or completing any audit or
investigation, or from issuing any subpoena, after such
Inspector General has decided to initiate, carry out, or
complete such audit or investigation or to issue such
subpoena, if the Secretary determines that such prohibition
is necessary to--
``(A) prevent the disclosure of any information described
under paragraph (1);
``(B) preserve vital national security interests; or
``(C) prevent significant impairment to the national
interests of the United States.
``(3)(A) If the Secretary exercises any power under
paragraph (1) or (2), the Secretary shall notify the
Inspector General or, with respect to investigations relating
to civil rights or civil liberties, the Assistant Inspector
General for Civil Rights and Civil Liberties (in this section
referred to as the `Assistant Inspector General'), in writing
(appropriately classified, if necessary) within 7 calendar
days stating the reasons for such exercise.
``(B) Within 30 days after receipt of any notice under
subparagraph (A), the Inspector General or Assistant
Inspector General, as appropriate, shall prepare a copy of
such notice and a written response that states whether the
Inspector General or Assistant Inspector General, as
appropriate, agrees or disagrees with the Secretary's
exercise of a power under paragraph (1) and describes the
reasons for any disagreement, to--
``(i) the President of the Senate;
``(ii) the Speaker of the House of Representatives;
``(iii) the Committee on Governmental Affairs of the
Senate;
``(iv) the Committee on Government Reform of the House of
Representatives; and
``(v) other appropriate committees or subcommittees of
Congress.
``(b)(1) In carrying out the duties and responsibilities
under this Act, the Inspector General shall have oversight
responsibility for the internal investigations and audits
performed by any other office performing internal
investigatory or audit functions in any subdivision of the
Department of Homeland Security. With respect to
investigations relating to civil rights or civil liberties,
the Inspector General's responsibilities under this section
shall be exercised by the Assistant Inspector General.
``(2) The head of each other office described under
paragraph (1) shall promptly report to the Inspector General
the significant activities being carried out by such office.
``(3)(A) Notwithstanding paragraphs (1) and (2), the
Inspector General may initiate, conduct, and supervise such
audits and investigations in the Department (including in any
subdivision referred to in paragraph (1)) as the Inspector
General considers appropriate.
``(B) If the Inspector General initiates an audit or
investigation under subparagraph (A) concerning a subdivision
referred to in paragraph (1), the Inspector General may
provide the head of the other office performing internal
investigatory or audit functions in the subdivision with
written notice that the Inspector General has initiated such
an audit or investigation.
``(C) If the Inspector General issues a notice under
subparagraph (B), no other audit or investigation shall be
initiated into the matter under audit or investigation by the
Inspector General, and any other audit or investigation of
such matter shall cease.
``(c) Any report required to be transmitted by the
Secretary to the appropriate committees or subcommittees of
Congress under section 5(d) shall also be transmitted, within
the 7-day period specified under that subsection, to--
``(1) the President of the Senate;
``(2) the Speaker of the House of Representatives;
``(3) the Committee on Governmental Affairs of the Senate;
and
``(4) the Committee on Government Reform of the House of
Representatives.
``(d)(1) The Assistant Inspector General shall inform the
complainant regarding what actions were taken in response to
a complaint.
``(2) With respect to any complaints received or
investigations undertaken by the Assistant Inspector General,
any person employed by an independent contractor, or grantee,
of the Department shall be entitled to the same protections
as are provided to employees of the Department under section
7.''.
(e) Technical and Conforming Amendments.--The Inspector
General Act of 1978 (5 U.S.C. appendix) is amended--
(1) in section 4(b), by striking ``8F'' each place it
appears and inserting ``8G''; and
(2) in section 8J (as redesignated by subsection (d)(1)),
by striking ``or 8H'' and inserting ``, 8H, or 8I''.
(f) Definition.--In this Act, the term ``civil rights and
civil liberties'' means rights and liberties, which--
(1) are or may be protected by the Constitution or
implementing legislation; or
[[Page S9238]]
(2) are analogous to the rights and liberties under
paragraph (1), whether or not secured by treaty, statute,
regulation or executive order.
SEC. ____. REPEAL OF IMMUNITY FOR CUSTOMS OFFICERS IN
CONDUCTING CERTAIN SEARCHES.
(a) In General.--Section 3061 of the Revised Statutes is
amended--
(1) in subsection (a), by striking ``(a)''; and
(2) by striking subsection (b).
(b) Trade Act of 2002.--The Trade Act of 2002 is amended--
(1) by striking section 341; and
(2) in the table of contents, by striking the item relating
to section 341.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in chapter 4 of title III of
the Trade Act of 2002.
______
SA 4735. Mr. FEINGOLD (for himself and Mr. Kennedy) submitted an
amendment intended to be proposed by him to the bill H.R. 5005, to
establish the Department of Homeland Security, and for other purposes;
which was ordered to lie on the table; as follows:
On page ____, strike line ____ and all that follows through
page ____, line ____, and insert the following:
SEC. ____. CIVIL RIGHTS OFFICER.
(a) In General.--There shall be in the Department a Civil
Rights Officer, who shall be appointed by the President, by
and with the advice and consent of the Senate.
(b) Responsibilities.--The Civil Rights Officer shall be
responsible for--
(1) ensuring compliance with all civil rights and related
laws and regulations applicable to Department employees and
participants in Department programs;
(2) coordinating administration of all civil rights and
related laws and regulations within the Department for
Department employees and participants in Department programs;
(3) assisting the Secretary, directorates, and offices with
the development and implementation of policies and procedures
that ensure that civil rights considerations are
appropriately incorporated and implemented in Department
programs and activities;
(4) overseeing compliance with statutory and constitutional
requirements related to the civil rights of individuals
affected by the programs and activities of the Department;
and
(5) notifying the Inspector General of any matter that, in
the opinion of the Civil Rights Officer, warrants further
investigation.
SEC. ____. PRIVACY OFFICER.
(a) In General.--There shall be in the Department a Privacy
Officer, who shall be appointed by the Secretary.
(b) Responsibilities.--The Privacy Officer shall--
(1) oversee compliance with section 552a of title 5, United
States Code (commonly referred to as the Privacy Act of 1974)
and all other applicable laws relating to the privacy of
personal information;
(2) assist the Secretary, directorates, and offices with
the development and implementation of policies and procedures
that ensure that--
(A) privacy considerations and safeguards are appropriately
incorporated and implemented in Department programs and
activities; and
(B) any information received by the Department is used or
disclosed in a manner that minimizes the risk of harm to
individuals from the inappropriate disclosure or use of such
materials;
(3) assist Department personnel with the preparation of
privacy impact assessments when required by law or considered
appropriate by the Secretary; and
(4) notify the Inspector General of any matter that, in the
opinion of the Privacy Officer, warrants further
investigation.
SEC. ____. INSPECTOR GENERAL.
(a) In General.--There shall be in the Department an
Inspector General. The Inspector General and the Office of
Inspector General shall be subject to the Inspector General
Act of 1978 (5 U.S.C. App.).
(b) Establishment.--Section 11 of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by inserting ``Homeland Security,''
after ``Health and Human Services,''; and
(2) in paragraph (2), by inserting ``Homeland Security,''
after ``Health and Human Services,''.
(c) Assistant Inspector General for Civil Rights and Civil
Liberties.--
(1) In general.--There shall be in the Office of Inspector
General an Assistant Inspector General for Civil Rights and
Civil Liberties (in this section referred to as the
``Assistant Inspector General''), who shall be appointed
without regard to political affiliation and solely on the
basis of demonstrated ability in civil rights and civil
liberties, law, management analysis, investigations, and
public relations.
(2) Responsibilities of the assistant inspector general.--
The Assistant Inspector General shall--
(A) review information and receive complaints from any
source alleging abuses of civil rights and civil liberties
by--
(i) employees and officials of the Department;
(ii) independent contractors retained by the Department; or
(iii) grantees of the Department;
(B) conduct such investigations as the Assistant Inspector
General considers necessary, either self-initiated or in
response to complaints, to determine the policies and
practices to protect civil rights and civil liberties of--
(i) the Department;
(ii) any unit of the Department;
(iii) independent contractors employed by the Department;
or
(iv) grantees of the Department;
(C) conduct investigations of the programs and operations
of the Department to determine whether the Department's civil
rights and civil liberties policies are being effectively
implemented, except that the Assistant Inspector General
shall not have any responsibility for the enforcement of the
Equal Employment Opportunities Act;
(D) inform the Secretary and Congress of weaknesses,
problems, and deficiencies within the Department relating to
civil rights and civil liberties;
(E) provide prompt notification to the Civil Rights Officer
of any complaints of violations of civil rights or civil
liberties, and consult with the Civil Rights Officer
regarding the investigation of such complaints, upon request
or as appropriate ;
(F) publicize, in multiple languages, through the Internet,
radio, television, and newspaper advertisements--
(i) information on the responsibilities and functions of
the Assistant Inspector General; and
(ii) instructions on how to contact the Assistant Inspector
General; and
(G) on a semi-annual basis, submit to Congress, for
referral to the appropriate committee or committees, a
report--
(i) describing the implementation of this subsection,
including the number of complaints received and a general
description of any complaints received and investigations
undertaken either in response to a complaint or on the
initiative of the Assistant Inspector General;
(ii) detailing any civil rights abuses under subparagraph
(A); and
(iii) accounting for the expenditure of funds to carry out
this subsection.
(d) Additional Provisions With Respect to the Inspector
General of the Department of Homeland Security.--The
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating section 8I as section 8J; and
(2) by inserting after section 8H the following:
Special provisions concerning the Department of Homeland Security
``Sec. 8I. (a)(1) Notwithstanding the last 2 sentences of
section 3(a), the Inspector General of the Department of
Homeland Security (in this section referred to as the
``Inspector General'') shall be under the authority,
direction, and control of the Secretary of Homeland Security
(in this section referred to as the ``Secretary'') with
respect to audits or investigations, or the issuance of
subpoenas, which require access to sensitive information
concerning--
``(A) intelligence or counterintelligence matters;
``(B) ongoing criminal investigations or proceedings;
``(C) undercover operations;
``(D) the identity of confidential sources, including
protected witnesses;
``(E) other matters the disclosure of which would
constitute a serious threat to the protection of any person
or property authorized protection by--
``(i) section 3056 of title 18, United States Code;
``(ii) section 202 of title 3, United States Code; or
``(iii) any provision of the Presidential Protection
Assistance Act of 1976 (18 U.S.C. 3056 note); or
``(F) other matters the disclosure of which would
constitute a serious threat to national security.
``(2) With respect to the information described under
paragraph (1), the Secretary may prohibit the Inspector
General from carrying out or completing any audit or
investigation, or from issuing any subpoena, after such
Inspector General has decided to initiate, carry out, or
complete such audit or investigation or to issue such
subpoena, if the Secretary determines that such prohibition
is necessary to--
``(A) prevent the disclosure of any information described
under paragraph (1);
``(B) preserve vital national security interests; or
``(C) prevent significant impairment to the national
interests of the United States.
``(3)(A) If the Secretary exercises any power under
paragraph (1) or (2), the Secretary shall notify the
Inspector General or, with respect to investigations relating
to civil rights or civil liberties, the Assistant Inspector
General for Civil Rights and Civil Liberties (in this section
referred to as the `Assistant Inspector General'), in writing
(appropriately classified, if necessary) within 7 calendar
days stating the reasons for such exercise.
``(B) Within 30 days after receipt of any notice under
subparagraph (A), the Inspector General or Assistant
Inspector General, as appropriate, shall prepare a copy of
such notice and a written response that states whether the
Inspector General or Assistant Inspector General, as
appropriate, agrees or disagrees with the Secretary's
exercise of a
[[Page S9239]]
power under paragraph (1) and describes the reasons for any
disagreement, to--
``(i) the President of the Senate;
``(ii) the Speaker of the House of Representatives;
``(iii) the Committee on Governmental Affairs of the
Senate;
``(iv) the Committee on Government Reform of the House of
Representatives; and
``(v) other appropriate committees or subcommittees of
Congress.
``(b)(1) In carrying out the duties and responsibilities
under this Act, the Inspector General shall have oversight
responsibility for the internal investigations and audits
performed by any other office performing internal
investigatory or audit functions in any subdivision of the
Department of Homeland Security. With respect to
investigations relating to civil rights or civil liberties,
the Inspector General's responsibilities under this section
shall be exercised by the Assistant Inspector General.
``(2) The head of each other office described under
paragraph (1) shall promptly report to the Inspector General
the significant activities being carried out by such office.
``(3)(A) Notwithstanding paragraphs (1) and (2), the
Inspector General may initiate, conduct, and supervise such
audits and investigations in the Department (including in any
subdivision referred to in paragraph (1)) as the Inspector
General considers appropriate.
``(B) If the Inspector General initiates an audit or
investigation under subparagraph (A) concerning a subdivision
referred to in paragraph (1), the Inspector General may
provide the head of the other office performing internal
investigatory or audit functions in the subdivision with
written notice that the Inspector General has initiated such
an audit or investigation.
``(C) If the Inspector General issues a notice under
subparagraph (B), no other audit or investigation shall be
initiated into the matter under audit or investigation by the
Inspector General, and any other audit or investigation of
such matter shall cease.
``(c) Any report required to be transmitted by the
Secretary to the appropriate committees or subcommittees of
Congress under section 5(d) shall also be transmitted, within
the 7-day period specified under that subsection, to--
``(1) the President of the Senate;
``(2) the Speaker of the House of Representatives;
``(3) the Committee on Governmental Affairs of the Senate;
and
``(4) the Committee on Government Reform of the House of
Representatives.
``(d)(1) The Assistant Inspector General shall inform the
complainant regarding what actions were taken in response to
a complaint.
``(2) With respect to any complaints received or
investigations undertaken by the Assistant Inspector General,
any person employed by an independent contractor, or grantee,
of the Department shall be entitled to the same protections
as are provided to employees of the Department under section
7.''.
(e) Technical and Conforming Amendments.--The Inspector
General Act of 1978 (5 U.S.C. appendix) is amended--
(1) in section 4(b), by striking ``8F'' each place it
appears and inserting ``8G''; and
(2) in section 8J (as redesignated by subsection (d)(1)),
by striking ``or 8H'' and inserting ``, 8H, or 8I''.
(f) Definition.--In this Act, the term ``civil rights and
civil liberties'' means rights and liberties, which--
(1) are or may be protected by the Constitution or
implementing legislation; or
(2) are analogous to the rights and liberties under
paragraph (1), whether or not secured by treaty, statute,
regulation or executive order.
______
SA 4736. Mr. FEINGOLD (for himself and Mr. Kennedy) submitted an
amendment intended to be proposed by him to the bill H.R. 5005, to
establish the Department of Homeland Security, and for other purposes;
which was ordered to lie on the table; as follows:
On page ____, strike line ____ and all that follows through
page ____, line ____, and insert the following:
SEC. ____. CIVIL RIGHTS OFFICER.
(a) In General.--There shall be in the Department a Civil
Rights Officer, who shall be appointed by the President, by
and with the advice and consent of the Senate.
(b) Responsibilities.--The Civil Rights Officer shall be
responsible for--
(1) ensuring compliance with all civil rights and related
laws and regulations applicable to Department employees and
participants in Department programs;
(2) coordinating administration of all civil rights and
related laws and regulations within the Department for
Department employees and participants in Department programs;
(3) assisting the Secretary, directorates, and offices with
the development and implementation of policies and procedures
that ensure that civil rights considerations are
appropriately incorporated and implemented in Department
programs and activities;
(4) overseeing compliance with statutory and constitutional
requirements related to the civil rights of individuals
affected by the programs and activities of the Department;
and
(5) notifying the Inspector General of any matter that, in
the opinion of the Civil Rights Officer, warrants further
investigation.
SEC. ____. PRIVACY OFFICER.
(a) In General.--There shall be in the Department a Privacy
Officer, who shall be appointed by the Secretary.
(b) Responsibilities.--The Privacy Officer shall--
(1) oversee compliance with section 552a of title 5, United
States Code (commonly referred to as the Privacy Act of 1974)
and all other applicable laws relating to the privacy of
personal information;
(2) assist the Secretary, directorates, and offices with
the development and implementation of policies and procedures
that ensure that--
(A) privacy considerations and safeguards are appropriately
incorporated and implemented in Department programs and
activities; and
(B) any information received by the Department is used or
disclosed in a manner that minimizes the risk of harm to
individuals from the inappropriate disclosure or use of such
materials;
(3) assist Department personnel with the preparation of
privacy impact assessments when required by law or considered
appropriate by the Secretary; and
(4) notify the Inspector General of any matter that, in the
opinion of the Privacy Officer, warrants further
investigation.
SEC. ____. INSPECTOR GENERAL.
(a) In General.--There shall be in the Department an
Inspector General. The Inspector General and the Office of
Inspector General shall be subject to the Inspector General
Act of 1978 (5 U.S.C. App.).
(b) Establishment.--Section 11 of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by inserting ``Homeland Security,''
after ``Health and Human Services,''; and
(2) in paragraph (2), by inserting ``Homeland Security,''
after ``Health and Human Services,''.
(c) Review of the Department of Homeland Security.--The
Inspector General shall designate 1 official who shall--
(1) review information and receive complaints alleging
abuses of civil rights and civil liberties by employees and
officials of the Department;
(2) publicize, through the Internet, radio, television, and
newspaper advertisements--
(A) information on the responsibilities and functions of
the official; and
(B) instructions on how to contact the official; and
(3) on a semi-annual basis, submit to Congress, for
referral to the appropriate committee or committees, a
report--
(A) describing the implementation of this subsection;
(B) detailing any civil rights abuses under paragraph (1);
and
(C) accounting for the expenditure of funds to carry out
this subsection.
(d) Additional Provisions With Respect to the Inspector
General of the Department of Homeland Security.--The
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating section 8I as section 8J; and
(2) by inserting after section 8H the following:
special provisions concerning the department of homeland security
``Sec. 8I. (a)(1) Notwithstanding the last 2 sentences of
section 3(a), the Inspector General of the Department of
Homeland Security (in this section referred to as the
``Inspector General'') shall be under the authority,
direction, and control of the Secretary of Homeland Security
(in this section referred to as the ``Secretary'') with
respect to audits or investigations, or the issuance of
subpoenas, which require access to sensitive information
concerning--
``(A) intelligence or counterintelligence matters;
``(B) ongoing criminal investigations or proceedings;
``(C) undercover operations;
``(D) the identity of confidential sources, including
protected witnesses;
``(E) other matters the disclosure of which would
constitute a serious threat to the protection of any person
or property authorized protection by--
``(i) section 3056 of title 18, United States Code;
``(ii) section 202 of title 3, United States Code; or
``(iii) any provision of the Presidential Protection
Assistance Act of 1976 (18 U.S.C. 3056 note); or
``(F) other matters the disclosure of which would
constitute a serious threat to national security.
``(2) With respect to the information described under
paragraph (1), the Secretary may prohibit the Inspector
General from carrying out or completing any audit or
investigation, or from issuing any subpoena, after such
Inspector General has decided to initiate, carry out, or
complete such audit or investigation or to issue such
subpoena, if the Secretary determines that such prohibition
is necessary to--
``(A) prevent the disclosure of any information described
under paragraph (1);
``(B) preserve the national security; or
``(C) prevent significant impairment to the national
interests of the United States.
``(3) If the Secretary exercises any power under paragraph
(1) or (2), the Secretary shall notify the Inspector General
in writing (appropriately classified, if necessary) within
[[Page S9240]]
7 calendar days stating the reasons for such exercise. Within
30 days after receipt of any such notice, the Inspector
General shall transmit a copy of such notice, together with
such comments concerning the exercise of such power as the
Inspector General considers appropriate, to--
``(A) the President of the Senate;
``(B) the Speaker of the House of Representatives;
``(C) the Committee on Governmental Affairs of the Senate;
``(D) the Committee on Government Reform of the House of
Representatives; and
``(E) other appropriate committees or subcommittees of
Congress.
``(b)(1) In carrying out the duties and responsibilities
under this Act, the Inspector General shall have oversight
responsibility for the internal investigations and audits
performed by any other office performing internal
investigatory or audit functions in any subdivision of the
Department of Homeland Security.
``(2) The head of each other office described under
paragraph (1) shall promptly report to the Inspector General
the significant activities being carried out by such office.
``(3) Notwithstanding paragraphs (1) and (2), the Inspector
General may initiate, conduct, and supervise such audits and
investigations in the Department (including in any
subdivision referred to in paragraph (1)) as the Inspector
General considers appropriate.
``(4) If the Inspector General initiates an audit or
investigation under paragraph (3) concerning a subdivision
referred to in paragraph (1), the Inspector General may
provide the head of the other office performing internal
investigatory or audit functions in the subdivision with
written notice that the Inspector General has initiated such
an audit or investigation. If the Inspector General issues
such a notice, no other audit or investigation shall be
initiated into the matter under audit or investigation by the
Inspector General, and any other audit or investigation of
such matter shall cease.
``(c) Any report required to be transmitted by the
Secretary to the appropriate committees or subcommittees of
Congress under section 5(d) shall also be transmitted, within
the 7-day period specified under that subsection, to--
``(1) the President of the Senate;
``(2) the Speaker of the House of Representatives;
``(3) the Committee on Governmental Affairs of the Senate;
and
``(4) the Committee on Government Reform of the House of
Representatives.''.
(e) Technical and Conforming Amendments.--The Inspector
General Act of 1978 (5 U.S.C. appendix) is amended--
(1) in section 4(b), by striking ``8F'' each place it
appears and inserting ``8G''; and
(2) in section 8J (as redesignated by subsection (c)(1)),
by striking ``or 8H'' and inserting ``, 8H, or 8I''.
______
SA 4737. Mr. FEINGOLD (for himself and Mr. Kennedy) submitted an
amendment intended to be proposed by him to the bill H.R. 5005, to
establish the Department of Homeland Security, and for other purposes;
which was ordered to lie on the table; as follows:
On page ____, strike line ____ and all that follows through
page ____, line ____, and insert the following:
SEC. ____. CIVIL RIGHTS OFFICER.
(a) In General.--There shall be in the Department a Civil
Rights Officer, who shall be appointed by the President, by
and with the advice and consent of the Senate.
(b) Responsibilities.--The Civil Rights Officer shall be
responsible for--
(1) ensuring compliance with all civil rights and related
laws and regulations applicable to Department employees and
participants in Department programs;
(2) coordinating administration of all civil rights and
related laws and regulations within the Department for
Department employees and participants in Department programs;
(3) assisting the Secretary, directorates, and offices with
the development and implementation of policies and procedures
that ensure that civil rights considerations are
appropriately incorporated and implemented in Department
programs and activities;
(4) overseeing compliance with statutory and constitutional
requirements related to the civil rights of individuals
affected by the programs and activities of the Department;
and
(5) notifying the Inspector General of any matter that, in
the opinion of the Civil Rights Officer, warrants further
investigation.
SEC. ____. PRIVACY OFFICER.
(a) In General.--There shall be in the Department a Privacy
Officer, who shall be appointed by the Secretary.
(b) Responsibilities.--The Privacy Officer shall--
(1) oversee compliance with section 552a of title 5, United
States Code (commonly referred to as the Privacy Act of 1974)
and all other applicable laws relating to the privacy of
personal information;
(2) assist the Secretary, directorates, and offices with
the development and implementation of policies and procedures
that ensure that--
(A) privacy considerations and safeguards are appropriately
incorporated and implemented in Department programs and
activities; and
(B) any information received by the Department is used or
disclosed in a manner that minimizes the risk of harm to
individuals from the inappropriate disclosure or use of such
materials;
(3) assist Department personnel with the preparation of
privacy impact assessments when required by law or considered
appropriate by the Secretary; and
(4) notify the Inspector General of any matter that, in the
opinion of the Privacy Officer, warrants further
investigation.
SEC. ____. INSPECTOR GENERAL.
(a) In General.--There shall be in the Department an
Inspector General. The Inspector General and the Office of
Inspector General shall be subject to the Inspector General
Act of 1978 (5 U.S.C. App.).
(b) Establishment.--Section 11 of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by inserting ``Homeland Security,''
after ``Health and Human Services,''; and
(2) in paragraph (2), by inserting ``Homeland Security,''
after ``Health and Human Services,''.
(c) Assistant Inspector General for Civil Rights and Civil
Liberties.--
(1) In general.--There shall be in the Office of Inspector
General an Assistant Inspector General for Civil Rights and
Civil Liberties (in this section referred to as the
``Assistant Inspector General''), who shall be appointed
without regard to political affiliation and solely on the
basis of demonstrated ability in civil rights and civil
liberties, law, management analysis, investigations, and
public relations.
(2) Responsibilities of the assistant inspector general.--
The Assistant Inspector General shall--
(A) review information and receive complaints from any
source alleging abuses of civil rights and civil liberties
by--
(i) employees and officials of the Department;
(ii) independent contractors retained by the Department; or
(iii) grantees of the Department;
(B) conduct such investigations as the Assistant Inspector
General considers necessary, either self-initiated or in
response to complaints, to determine the policies and
practices to protect civil rights and civil liberties of--
(i) the Department;
(ii) any unit of the Department;
(iii) independent contractors employed by the Department;
or
(iv) grantees of the Department;
(C) conduct investigations of the programs and operations
of the Department to determine whether the Department's civil
rights and civil liberties policies are being effectively
implemented, except that the Assistant Inspector General
shall not have any responsibility for the enforcement of the
Equal Employment Opportunities Act;
(D) inform the Secretary and Congress of weaknesses,
problems, and deficiencies within the Department relating to
civil rights and civil liberties;
(E) provide prompt notification to the Civil Rights Officer
of any complaints of violations of civil rights or civil
liberties, and consult with the Civil Rights Officer
regarding the investigation of such complaints, upon request
or as appropriate ;
(F) publicize, in multiple languages, through the Internet,
radio, television, and newspaper advertisements--
(i) information on the responsibilities and functions of
the Assistant Inspector General; and
(ii) instructions on how to contact the Assistant Inspector
General; and
(G) on a semi-annual basis, submit to Congress, for
referral to the appropriate committee or committees, a
report--
(i) describing the implementation of this subsection,
including the number of complaints received and a general
description of any complaints received and investigations
undertaken either in response to a complaint or on the
initiative of the Assistant Inspector General;
(ii) detailing any civil rights abuses under subparagraph
(A); and
(iii) accounting for the expenditure of funds to carry out
this subsection.
(d) Additional Provisions With Respect to the Inspector
General of the Department of Homeland Security.--The
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating section 8I as section 8J; and
(2) by inserting after section 8H the following:
Special provisions concerning the Department of Homeland Security
``Sec. 8I. (a)(1) Notwithstanding the last 2 sentences of
section 3(a), the Inspector General of the Department of
Homeland Security (in this section referred to as the
``Inspector General'') shall be under the authority,
direction, and control of the Secretary of Homeland Security
(in this section referred to as the ``Secretary'') with
respect to audits or investigations, or the issuance of
subpoenas, which require access to sensitive information
concerning--
``(A) intelligence or counterintelligence matters;
``(B) ongoing criminal investigations or proceedings;
``(C) undercover operations;
``(D) the identity of confidential sources, including
protected witnesses;
[[Page S9241]]
``(E) other matters the disclosure of which would
constitute a serious threat to the protection of any person
or property authorized protection by--
``(i) section 3056 of title 18, United States Code;
``(ii) section 202 of title 3, United States Code; or
``(iii) any provision of the Presidential Protection
Assistance Act of 1976 (18 U.S.C. 3056 note); or
``(F) other matters the disclosure of which would
constitute a serious threat to national security.
``(2) With respect to the information described under
paragraph (1), the Secretary may prohibit the Inspector
General from carrying out or completing any audit or
investigation, or from issuing any subpoena, after such
Inspector General has decided to initiate, carry out, or
complete such audit or investigation or to issue such
subpoena, if the Secretary determines that such prohibition
is necessary to--
``(A) prevent the disclosure of any information described
under paragraph (1);
``(B) preserve vital national security interests; or
``(C) prevent significant impairment to the national
interests of the United States.
``(3)(A) If the Secretary exercises any power under
paragraph (1) or (2), the Secretary shall notify the
Inspector General or, with respect to investigations relating
to civil rights or civil liberties, the Assistant Inspector
General for Civil Rights and Civil Liberties (in this section
referred to as the `Assistant Inspector General'), in writing
(appropriately classified, if necessary) within 7 calendar
days stating the reasons for such exercise.
``(B) Within 30 days after receipt of any notice under
subparagraph (A), the Inspector General or Assistant
Inspector General, as appropriate, shall prepare a copy of
such notice and a written response that states whether the
Inspector General or Assistant Inspector General, as
appropriate, agrees or disagrees with the Secretary's
exercise of a power under paragraph (1) and describes the
reasons for any disagreement, to--
``(i) the President of the Senate;
``(ii) the Speaker of the House of Representatives;
``(iii) the Committee on Governmental Affairs of the
Senate;
``(iv) the Committee on Government Reform of the House of
Representatives; and
``(v) other appropriate committees or subcommittees of
Congress.
``(b)(1) In carrying out the duties and responsibilities
under this Act, the Inspector General shall have oversight
responsibility for the internal investigations and audits
performed by any other office performing internal
investigatory or audit functions in any subdivision of the
Department of Homeland Security. With respect to
investigations relating to civil rights or civil liberties,
the Inspector General's responsibilities under this section
shall be exercised by the Assistant Inspector General.
``(2) The head of each other office described under
paragraph (1) shall promptly report to the Inspector General
the significant activities being carried out by such office.
``(3)(A) Notwithstanding paragraphs (1) and (2), the
Inspector General may initiate, conduct, and supervise such
audits and investigations in the Department (including in any
subdivision referred to in paragraph (1)) as the Inspector
General considers appropriate.
``(B) If the Inspector General initiates an audit or
investigation under subparagraph (A) concerning a subdivision
referred to in paragraph (1), the Inspector General may
provide the head of the other office performing internal
investigatory or audit functions in the subdivision with
written notice that the Inspector General has initiated such
an audit or investigation.
``(C) If the Inspector General issues a notice under
subparagraph (B), no other audit or investigation shall be
initiated into the matter under audit or investigation by the
Inspector General, and any other audit or investigation of
such matter shall cease.
``(c) Any report required to be transmitted by the
Secretary to the appropriate committees or subcommittees of
Congress under section 5(d) shall also be transmitted, within
the 7-day period specified under that subsection, to--
``(1) the President of the Senate;
``(2) the Speaker of the House of Representatives;
``(3) the Committee on Governmental Affairs of the Senate;
and
``(4) the Committee on Government Reform of the House of
Representatives.
``(d)(1) The Assistant Inspector General shall inform the
complainant regarding what actions were taken in response to
a complaint.
``(2) With respect to any complaints received or
investigations undertaken by the Assistant Inspector General,
any person employed by an independent contractor, or grantee,
of the Department shall be entitled to the same protections
as are provided to employees of the Department under section
7.''.
(e) Technical and Conforming Amendments.--The Inspector
General Act of 1978 (5 U.S.C. appendix) is amended--
(1) in section 4(b), by striking ``8F'' each place it
appears and inserting ``8G''; and
(2) in section 8J (as redesignated by subsection (d)(1)),
by striking ``or 8H'' and inserting ``, 8H, or 8I''.
(f) Definition.--In this Act, the term ``civil rights and
civil liberties'' means rights and liberties, which--
(1) are or may be protected by the Constitution or
implementing legislation; or
(2) are analogous to the rights and liberties under
paragraph (1), whether or not secured by treaty, statute,
regulation or executive order.
SEC. ____. STANDARDS FOR CLOSING REMOVAL HEARINGS.
Section 240 of the Immigration and Nationality Act (8
U.S.C. 1229a) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Standards for Closing Removal Hearings.--
``(1) In general.--Except as provided in paragraph (2), a
removal proceeding under this section shall be open to the
public.
``(2) Exceptions.--Portions of a removal proceeding under
this section may be closed to the public, on a case by case
basis, when necessary--
``(A) and with the consent of the alien, to preserve the
confidentiality of applications for--
``(i) asylum;
``(ii) withholding of removal;
``(iii) relief under the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
done at New York December 10, 1984;
``(iv) relief under the Violence Against Women Act of 1994
(Public Law 103-322; 108 Stat. 1902); or
``(v) other applications for relief involving confidential
personal information or where portions of the removal hearing
involve minors or issues relating to domestic violence; or
``(B) to protect the national security by preventing the
disclosure of--
``(i) classified information; or
``(ii) the identity of a confidential informant.''.
______
SA 4738. Mr. GRAMM (for himself, Mr. Miller, Mr. McConnell, Mr.
Thompson, Mr. Stevens, Mr. Hagel, Mr. Hutchinson, and Mr. Bunning)
proposed an amendment to amendment SA 4471 proposed by Mr. Lieberman to
the bill H.R. 5005, to establish the Department of Homeland Security,
and for other purposes; as follows:
Strike all after the first word in amendment #4471 and
insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A.--Homeland Security.
(2) Division B.--Immigration Reform, Accountability, and
Security Enhancement Act of 2002.
(3) Division C.--Federal Workforce Improvement.
(c) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Construction; severability.
Sec. 4. Effective date.
DIVISION A--HOMELAND SECURITY
TITLE I--DEPARTMENT OF HOMELAND SECURITY
Sec. 101. Executive department; mission.
Sec. 102. Secretary; functions.
Sec. 103. Other officers.
Sec. 104. Office of International Affairs.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Sec. 201. Directorate for Information Analysis and Infrastructure
Protection.
Sec. 202. Access to information.
Sec. 203. Protection of voluntarily furnished confidential information.
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
Sec. 301. Under Secretary for Science and Technology.
Sec. 302. Responsibilities and authorities of the Under Secretary for
Science and Technology.
Sec. 303. Functions transferred.
Sec. 304. Conduct of certain public health-related activities.
Sec. 305. Research in conjunction with the Department of Health and
Human Services and other departments.
Sec. 306. Homeland Security Advanced Research Projects Agency.
Sec. 307. Miscellaneous authorities relating to national laboratories.
Sec. 308. Homeland Security Institute.
Sec. 309. Utilization of Department of Energy national laboratories and
sites in support of homeland security activities.
Sec. 310. Transfer of Plum Island Animal Disease Center, Department of
Agriculture.
Sec. 311. Clearinghouse.
TITLE IV--BORDER AND TRANSPORTATION SECURITY
Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Responsibilities.
Sec. 403. Functions transferred.
Sec. 404. Transfer of certain agricultural inspection functions of the
Department of Agriculture.
Sec. 405. Coordination of information and information technology.
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Sec. 406. Visa issuance.
Sec. 407. Border security and immigration working group.
Sec. 408. Information on visa denials required to be entered into
electronic data system.
Sec. 409. Study on use of foreign national personnel in visa
processing.
TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE
Sec. 501. Under Secretary for Emergency Preparedness and Response.
Sec. 502. Responsibilities.
Sec. 503. Functions transferred.
Sec. 504. Nuclear incident response.
Sec. 505. Conduct of certain public health-related activities.
Sec. 506. Definition.
TITLE VI--MANAGEMENT
Sec. 601. Under Secretary for Management.
Sec. 602. Responsibilities.
Sec. 603. Chief Financial Officer.
Sec. 604. Chief Information Officer.
Sec. 605. Chief Human Capital Officer.
TITLE VII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
Subtitle A--Coordination with Non-Federal Entities
Sec. 701. Responsibilities.
Subtitle B--Inspector General
Sec. 710. Authority of the Secretary.
Sec. 711. Law enforcement powers of Inspector General Agents.
Subtitle C--United States Secret Service
Sec. 720. Functions transferred.
Subtitle D--General Provisions
Sec. 730. Establishment of Human Resources Management System.
Sec. 731. Labor-management relations.
Sec. 732. Advisory committees.
Sec. 733. Acquisitions.
Sec. 734. Reorganization authority.
Sec. 735. Miscellaneous provisions.
Sec. 736. Authorization of appropriations.
Sec. 737. Regulatory authority.
Sec. 738. Use of appropriated funds.
Sec. 739. Future Year Homeland Security Program.
Sec. 739A. Bioterrorism Preparedness and Response Division.
Sec. 739B. Coordination with the Department of Health and Human
Services under the Public Health Service Act.
Subtitle E--Risk Sharing and Indemnification for Contractors Supplying
Anti-Terrorism Technology and Services
Sec. 741. Application of indemnification authority.
Sec. 742. Application of indemnification authority to State and local
government contractors.
Sec. 743. Procurements of anti-terrorism technologies and anti-
terrorism services by State and local governments through
Federal contracts.
Sec. 744. Congressional notification.
Sec. 745. Definitions.
Subtitle F--Federal Emergency Procurement Flexibility
Sec. 751. Definition.
Sec. 752. Procurements for defense against or recovery from terrorism
or nuclear, biological, chemical, or radiological attack.
Sec. 753. Increased simplified acquisition threshold for procurements
in support of humanitarian or peacekeeping operations or
contingency operations.
Sec. 754. Increased micro-purchase threshold for certain procurements.
Sec. 755. Application of certain commercial items authorities to
certain procurements.
Sec. 756. Use of streamlined procedures.
Sec. 757. Review and report by Comptroller General.
Sec. 758. Identification of new entrants into the Federal marketplace.
Subtitle G--Coast Guard
Sec. 761. Preserving Coast Guard mission performance.
TITLE VIII--TRANSITION
Sec. 801. Definitions.
Sec. 802. Transfer of agencies.
Sec. 803. Transitional authorities.
Sec. 804. Savings provisions.
Sec. 805. Terminations.
Sec. 806. Incidental transfers.
TITLE IX--CONFORMING AND TECHNICAL AMENDMENTS
Sec. 901. Inspector General Act.
Sec. 902. Executive schedule.
Sec. 903. United States Secret Service.
Sec. 904. Coast Guard.
Sec. 905. Strategic National Stockpile and smallpox vaccine
development.
Sec. 906. Select agent registration.
Sec. 907. National Bio-Weapons Defense Analysis Center.
Sec. 908. Military activities.
DIVISION B--IMMIGRATION REFORM, ACCOUNTABILITY, AND SECURITY
ENHANCEMENT ACT OF 2002
Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Transfer of Immigration and Naturalization Service
functions.
TITLE XI--DIRECTORATE OF IMMIGRATION AFFAIRS
Subtitle A--Organization
Sec. 1101. Abolition of Immigration and Naturalization Service.
Sec. 1102. Establishment of Directorate of Immigration Affairs.
Sec. 1103. Under Secretary of Homeland Security for Immigration
Affairs.
Sec. 1104. Bureau of Immigration Services.
Sec. 1105. Bureau of Enforcement.
Sec. 1106. Office of the Ombudsman within the Directorate.
Sec. 1107. Office of Immigration Statistics within the Directorate.
Sec. 1108. Clerical amendments.
Subtitle B--Transition Provisions
Sec. 1111. Transfer of functions.
Sec. 1112. Transfer of personnel and other resources.
Sec. 1113. Determinations with respect to functions and resources.
Sec. 1114. Delegation and reservation of functions.
Sec. 1115. Allocation of personnel and other resources.
Sec. 1116. Savings provisions.
Sec. 1117. Interim service of the Commissioner of Immigration and
Naturalization.
Sec. 1118. Other authorities not affected.
Sec. 1119. Transition funding.
Subtitle C--Miscellaneous Provisions
Sec. 1121. Funding adjudication and naturalization services.
Sec. 1122. Application of Internet-based technologies.
Sec. 1123. Alternatives to detention of asylum seekers.
Subtitle D--Effective Date
Sec. 1131. Effective date.
TITLE XII--UNACCOMPANIED ALIEN JUVENILE PROTECTION
Sec. 1201. Unaccompanied alien juveniles.
TITLE XIII--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
Sec. 1301. Legal status of EOIR.
Sec. 1302. Authorities of the Attorney General.
Sec. 1303. Statutory construction.
DIVISION C--FEDERAL WORKFORCE IMPROVEMENT
TITLE XXI--CHIEF HUMAN CAPITAL OFFICERS
Sec. 2101. Short title.
Sec. 2102. Agency Chief Human Capital Officers.
Sec. 2103. Chief Human Capital Officers Council.
Sec. 2104. Strategic human capital management.
Sec. 2105. Effective date.
TITLE XXII--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
Sec. 2201. Inclusion of agency human capital strategic planning in
performance plans and programs performance reports.
Sec. 2202. Reform of the competitive service hiring process.
Sec. 2203. Permanent extension, revision, and expansion of authorities
for use of voluntary separation incentive pay and
voluntary early retirement.
Sec. 2204. Student volunteer transit subsidy.
TITLE XXIII--REFORMS RELATING TO THE SENIOR EXECUTIVE SERVICE
Sec. 2301. Repeal of recertification requirements of senior executives.
Sec. 2302. Adjustment of limitation on total annual compensation.
TITLE XXIV--ACADEMIC TRAINING
Sec. 2401. Academic training.
Sec. 2402. Modifications to National Security Education Program.
Sec. 2403. Compensation time off for travel.
Sec. 2404. Customs User Fees Extension
DIVISION D--NATIONAL COMMISSION
SEC. 2. DEFINITIONS.
Unless the context clearly indicates otherwise, the
following shall apply for purposes of this Act:
(1) American homeland or homeland.--Each of the terms
``American homeland'' or ``homeland'' mean the United States,
in a geographic sense.
(2) Critical infrastructure.--The term ``critical
infrastructure'' means systems and assets, whether physical
or virtual, so vital to the United States that the
incapacitation or destruction of such systems or assets would
have a debilitating impact on security, national economic
security, national public health or safety, or any
combination of those matters.
(3) Assets.--The term ``assets'' includes contracts,
facilities, property, records, unobligated or unexpended
balances of appropriations, and other funds or resources
(other than personnel).
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Emergency response providers.--The term ``emergency
response providers'' includes Federal, State, and local
government emergency public safety, law enforcement,
emergency response, emergency medical, and related personnel,
agencies, and authorities.
(6) Executive agency.--The term ``Executive agency'' means
an executive agency and a military department, as defined,
respectively, in sections 105 and 102 of title 5, United
States Code.
(7) Functions.--The term ``functions'' includes
authorities, powers, rights, privileges, immunities,
programs, projects, activities, duties, responsibilities, and
obligations.
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(8) Key resources.--The term ``key resources'' means
structures, monuments or items of exceptional historical,
social, cultural, or symbolic significance to the United
States.
(9) Local government.--The term ``local government'' has
the meaning given in section 102(6) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Public Law 93-
288).
(10) Major disaster.--The term ``major disaster'' has the
meaning given in section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Public Law 93-
288).
(11) Personnel.--The term ``personnel'' means officers and
employees.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(13) United states.--The term ``United States'', when used
in a geographic sense, means any State (within the meaning of
section 102(4) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Public Law 93-288)), any possession
of the United States, and any waters within the jurisdiction
of the United States.
SEC. 3. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or
unenforceable by its terms, or as applied to any person or
circumstance, shall be construed so as to give it the maximum
effect permitted by law, unless such holding shall be one of
utter invalidity or unenforceability, in which event such
provision shall be deemed severable from this Act and shall
not affect the remainder thereof, or the application of such
provision to other persons not similarly situated or to
other, dissimilar circumstances.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect thirty days after the date of
enactment or, if enacted within thirty days before January 1,
2003, on January 1, 2003.
DIVISION A--HOMELAND SECURITY
TITLE I--DEPARTMENT OF HOMELAND SECURITY
SEC. 101. EXECUTIVE DEPARTMENT; MISSION.
(a) Establishment.--There is established a Department of
Homeland Security, as an executive department of the United
States within the meaning of title 5, United States Code.
(b) Primary Mission.--
(1) In general.--The primary mission of the Department is
to--
(A) prevent terrorist attacks within the United States;
(B) reduce the vulnerability of the United States to
terrorism; and
(C) minimize the damage, and assist in the recovery, from
terrorist attacks that do occur within the United States.
(2) Responsibilities.--In carrying out the mission
described in paragraph (1), and as further described in this
Act, the Department's primary responsibilities shall
include--
(A) information analysis and infrastructure protection;
(B) research and development, including efforts to counter
chemical, biological, radiological, nuclear, and other
emerging threats;
(C) border and transportation security;
(D) emergency preparedness and response; and
(E) coordination (including the provision of training and
equipment) with other executive agencies, with State and
local government personnel, agencies, and authorities, with
the private sector, and with other entities.
(3) Other responsibilities.--The Department shall also be
responsible for carrying out other functions of entities
transferred to the Department as provided by law, and the
enumeration of the primary homeland security missions and
responsibilities in this section does not impair or diminish
the Department's non-homeland security missions and
responsibilities.
SEC. 102. SECRETARY; FUNCTIONS.
(a) Secretary.--
(1) Appointment.--There is a Secretary of Homeland
Security, appointed by the President, by and with the advice
and consent of the Senate.
(2) Head of department.--The Secretary is the head of the
Department and shall have direction, authority, and control
over it.
(3) Vested functions.--All functions of all officers,
employees, and organizational units of the Department are
vested in the Secretary.
(b) Functions.--The Secretary--
(1) may, except as otherwise provided in this Act, delegate
any of his functions to any officer, employee, or
organizational unit of the Department;
(2) shall have such functions, including the authority to
make contracts, grants, and cooperative agreements, and to
enter into agreements with other executive agencies, as may
be necessary and proper to carry out his responsibilities
under this Act or otherwise provided by law; and
(3) may, subject to the direction of the President, attend
and participate in meetings of the National Security Council.
SEC. 103. OTHER OFFICERS.
(a) Deputy Secretary; Under Secretaries.--To assist the
Secretary in the performance of his functions, there are the
following officers, appointed by the President, by and with
the advice and consent of the Senate:
(1) A Deputy Secretary of Homeland Security, who shall be
the Secretary's first assistant for purposes of chapter 33,
subchapter 3, of title 5, United States Code.
(2) An Under Secretary for Information Analysis and
Infrastructure Protection.
(3) An Under Secretary for Science and Technology.
(4) An Under Secretary for Border and Transportation
Security.
(5) An Under Secretary for Emergency Preparedness and
Response.
(6) An Under Secretary for Management.
(7) An Under Secretary for Immigration Affairs.
(8) Not more than 16 Assistant Secretaries.
(9) A General Counsel, who shall be the chief legal officer
of the Department.
(b) Chief of Immigration Policy.--
(1) In general.--There shall be within the office of the
Deputy Secretary of Homeland Security a Chief of Immigration
Policy, who, under the authority of the Secretary, shall be
responsible for--
(A) establishing national immigration policy and
priorities; and
(B) coordinating immigration policy between the Directorate
of Immigration Affairs and the Directorate of Border and
Transportation Security.
(2) Within the senior executive service.--The position of
Chief of Immigration Policy shall be a Senior Executive
Service position under section 5382 of title 5, United States
Code.
(c) Inspector General.--To assist the Secretary in the
performance of his functions, there is an Inspector General,
who shall be appointed as provided in section 3(a) of the
Inspector General Act of 1978.
(d) Commandant of the Coast Guard.--To assist the Secretary
in the performance of his functions, there is a Commandant of
the Coast Guard, who shall be appointed as provided in
section 44 of title 14, United States Code.
(e) Other Officers.--To assist the Secretary in the
performance of his functions, there are the following
officers, appointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Financial Officer.
(3) A Chief Information Officer.
(4) A Chief Human Capital Officer.
(f) Performance of Specific Functions.--Subject to the
provisions of this Act, every officer of the Department shall
perform the functions specified by law for his office or
prescribed by the Secretary.
SEC. 104. OFFICE OF INTERNATIONAL AFFAIRS.
(a) Establishment.--There is established within the Office
of the Secretary, an Office of International Affairs. The
Office shall be headed by a Director who shall be appointed
by the Secretary.
(b) Responsibilities of the Director.--The Director shall
have the following responsibilities:
(1) To promote information and education exchange with
foreign nations in order to promote sharing of best practices
and technologies relating to homeland security. Such
information exchange shall include--
(A) joint research and development on countermeasures;
(B) joint training exercises of first responders; and
(C) exchange of expertise on terrorism prevention,
response, and crisis management.
(2) To identify areas for homeland security information and
training exchange.
(3) To plan and undertake international conferences,
exchange programs, and training activities.
(4) To manage activities under this section and other
international activities within the Department in
consultation with the Department of State and other relevant
Federal officials.
(5) To initially concentrate on fostering cooperation with
countries that are already highly focused on homeland
security issues and that have demonstrated the capability for
fruitful cooperation with the United States in the area of
counterterrorism.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND
INFRASTRUCTURE PROTECTION.
(a) Under Secretary of Homeland Security for Information
Analysis and Infrastructure Protection.--
(1) In general.--There shall be in the Department a
Directorate for Information Analysis and Infrastructure
Protection headed by an Under Secretary for Information
Analysis and Infrastructure Protection, who shall be
appointed by the President, by and with the advice and
consent of the Senate.
(2) Responsibilities.--The Under Secretary shall assist the
Secretary in discharging the responsibilities under section
101 (b)(2)(A) and (d).
(b) Assistant Secretary for Information Analysis; Assistant
Secretary for Infrastructure Protection.--
(1) Assistant secretary for information analysis.--There
shall be in the Department an Assistant Secretary for
Information Analysis, who shall be appointed by the
President.
(2) Assistant secretary for infrastructure protection.--
There shall be in the Department an Assistant Secretary for
Infrastructure Protection, who shall be appointed by the
President.
(3) Responsibilities.--The Assistant Secretary for
Information Analysis and the Assistant Secretary for
Infrastructure Protection shall assist the Under Secretary
for Information Analysis and Infrastructure Protection in
discharging the responsibilities of the Under Secretary under
this section.
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(c) Discharge of Information Analysis and Infrastructure
Protection.--The Secretary shall ensure that the
responsibilities of the Department regarding information
analysis and infrastructure protection are carried out
through the Under Secretary for Information Analysis and
Infrastructure Protection.
(d) Responsibilities of Under Secretary.--Subject to the
direction and control of the Secretary, the responsibilities
of the Under Secretary for Information Analysis and
Infrastructure Protection shall be as follows:
(1) To access, receive, and analyze law enforcement
information, intelligence information, intelligence-related
information, and other information from agencies of the
Federal Government, State and local government agencies
(including law enforcement agencies), and private sector
entities, and to integrate such information in order to--
(A) identify and assess the nature and scope of threats to
the homeland;
(B) detect and identify threats of terrorism against the
United States and other threats to homeland security; and
(C) understand such threats in light of actual and
potential vulnerabilities of the homeland.
(2) To carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the
performance of risk assessments to determine the risks posed
by particular types of terrorist attacks within the United
States (including an assessment of the probability of success
of such attacks and the feasibility and potential efficacy of
various countermeasures to such attacks).
(3) To integrate relevant information, analyses, and
vulnerability assessments (whether such information,
analyses, or assessments are provided or produced by the
Department or others) in order to identify priorities for
protective measures and to support protective measures by the
Department, other agencies of the Federal Government, State
and local government agencies and authorities, the private
sector, and other entities.
(4) To ensure, pursuant to section 202, the timely and
efficient access by the Department to all information
necessary to discharge the responsibilities under this
section, including obtaining such information from other
agencies of the Federal Government agencies, and from State
and local governments and private sector entities (pursuant
to memoranda of understanding or other agreements entered
into for that purpose).
(5) To develop a comprehensive national plan for securing
the key resources and critical infrastructure of the United
States.
(6) To take or seek to effect measures necessary to protect
the key resources and critical infrastructure of the United
States in coordination with other agencies of the Federal
Government and in cooperation with State and local government
agencies and authorities, the private sector, and other
entities.
(7) To administer the Homeland Security Advisory System,
including--
(A) exercising primary responsibility for public threat
advisories; and
(B) in coordination with other agencies of the Federal
Government, providing specific warning information, and
advice about appropriate protective measures and
countermeasures, to State and local government agencies and
authorities, the private sector, other entities, and the
public.
(8) To review, analyze, and make recommendations for
improvements in the policies and procedures governing the
sharing of law enforcement information, intelligence
information, intelligence-related information, and other
information relating to homeland security within the Federal
Government and between the Federal Government and State and
local government agencies and authorities.
(9) To disseminate, as appropriate, information analyzed by
the Department within the Department, to other agencies of
the Federal Government with responsibilities relating to
homeland security, and to agencies of State and local
governments and private sector entities with such
responsibilities in order to assist in the deterrence,
prevention, preemption of, or response to, terrorist attacks
against the United States.
(10) To consult with the Director of Central Intelligence
and other appropriate intelligence, law enforcement, or other
elements of the Federal Government to establish collection
priorities and strategies for information, including law
enforcement-related information, relating to threats of
terrorism against the United States through such means as the
representation of the Department in discussions regarding
requirements and priorities in the collection of such
information.
(11) To consult with State and local governments and
private sector entities to ensure appropriate exchanges of
information, including law enforcement-related information,
relating to threats of terrorism against the United States.
(12) To ensure that--
(A) any material received pursuant to this section is
protected from unauthorized disclosure and handled and used
only for the performance of official duties; and
(B) any intelligence information shared under this section
is transmitted, retained, and disseminated consistent with
the authority of the Director of Central Intelligence to
protect intelligence sources and methods under the National
Security Act of 1947 (50 U.S.C. 401 et seq.) and related
procedures and, as appropriate, similar authorities of the
Attorney General concerning sensitive law enforcement
information.
(13) To request and obtain additional information from
other agencies of the Federal Government, State and local
government agencies, and the private sector relating to
threats of terrorism in the United States, or relating to
other areas of responsibility under section 101, including
the entry into cooperative agreements through the Secretary
to obtain such information.
(14) To establish and utilize, in conjunction with the
chief information officer of the Department, a secure
communications and information technology infrastructure,
including data-mining and other advanced analytical tools, in
order to access, receive, and analyze data and information in
furtherance of the responsibilities under this section, and
to disseminate information acquired and analyzed by the
Department, as appropriate.
(15) To ensure, in conjunction with the chief information
officer of the Department, that any information databases and
analytical tools developed or utilized by the Department--
(A) are compatible with one another and with relevant
information databases of other agencies of the Federal
Government; and
(B) treat information in such databases in a manner that
complies with applicable Federal law on privacy.
(16) To coordinate training and other support to the
elements and personnel of the Department, other agencies of
the Federal Government, and State and local governments that
provide information to the Department, or are consumers of
information provided by the Department, in order to
facilitate the identification and sharing of information
revealed in their ordinary duties and the optimal utilization
of information received from the Department.
(17) To coordinate with elements of the intelligence
community and with Federal, State, and local law enforcement
agencies, and the private sector, as appropriate.
(18) To provide intelligence and information analysis and
support to other elements of the Department.
(19) To perform such other duties relating to such
responsibilities as the Secretary may provide.
(e) Staff.--
(1) In general.--The Secretary shall provide the
Directorate with a staff of analysts having appropriate
expertise and experience to assist the Directorate in
discharging responsibilities under this section.
(2) Private sector analysts.--Analysts under this
subsection may include analysts from the private sector.
(3) Security clearances.--Analysts under this subsection
shall possess security clearances appropriate for their work
under this section.
(f) Detail of Personnel.--
(1) In general.--In order to assist the Directorate in
discharging responsibilities under this section, personnel of
the agencies referred to in paragraph (2) may be detailed to
the Department for the performance of analytic functions and
related duties.
(2) Covered agencies.--The agencies referred to in this
paragraph are as follows:
(A) The Department of State.
(B) The Central Intelligence Agency.
(C) The Federal Bureau of Investigation.
(D) The National Security Agency.
(E) The National Imagery and Mapping Agency.
(F) The Defense Intelligence Agency.
(G) Any other agency of the Federal Government that the
President considers appropriate.
(3) Cooperative agreements.--The Secretary and the head of
the agency concerned may enter into cooperative agreements
for the purpose of detailing personnel under this subsection.
(4) Basis.--The detail of personnel under this subsection
may be on a reimbursable or non-reimbursable basis.
(g) Functions Transferred.--In accordance with title VIII,
there shall be transferred to the Secretary, for assignment
to the Under Secretary for Information Analysis and
Infrastructure Protection under this section, the functions,
personnel, assets, and liabilities of the following:
(1) The National Infrastructure Protection Center of the
Federal Bureau of Investigation (other than the Computer
Investigations and Operations Section), including the
functions of the Attorney General relating thereto.
(2) The National Communications System of the Department of
Defense, including the functions of the Secretary of Defense
relating thereto.
(3) The Critical Infrastructure Assurance Office of the
Department of Commerce, including the functions of the
Secretary of Commerce relating thereto.
(4) The Computer Security Division of the National
Institute of Standards and Technology, including the
functions of the Secretary of Commerce relating thereto.
(5) The National Infrastructure Simulation and Analysis
Center of the Department of Energy and the energy security
and assurance program and activities of the Department,
including the functions of the Secretary of Energy relating
thereto.
(6) The Federal Computer Incident Response Center of the
General Services Administration, including the functions of
the Administrator of General Services relating thereto.
[[Page S9245]]
(h) Study of Placement Within Intelligence Community.--Not
later than 90 days after the effective date of this Act, the
President shall submit to the Committee on Governmental
Affairs and the Select Committee on Intelligence of the
Senate and the Committee on Government Reform and the
Permanent Select Committee on Intelligence of the House of
Representatives a report assessing the advisability of the
following:
(1) Placing the elements of the Department concerned with
the analysis of foreign intelligence information within the
intelligence community under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
(2) Placing such elements within the National Foreign
Intelligence Program for budgetary purposes.
SEC. 202. ACCESS TO INFORMATION.
(a) In General.--
(1) Threat and vulnerability information.--Except as
otherwise directed by the President, the Secretary shall have
such access as the Secretary considers necessary to all
information, including reports, assessments, analyses, and
unevaluated intelligence and intelligence-related
information, relating to threats of terrorism against the
United States and to other areas of responsibility described
in section 101 and to all information concerning
infrastructure or other vulnerabilities of the United States
to terrorism, whether or not such information has been
analyzed, that may be collected, possessed, or prepared by
any agency of the Federal Government.
(2) Other information.--The Secretary shall also have
access to other information relating to matters under the
responsibility of the Secretary that may be collected,
possessed, or prepared by an agency of the Federal Government
as the President may further provide.
(b) Manner of Access.--Except as otherwise directed by the
President, with respect to information to which the Secretary
has access pursuant to this section--
(1) the Secretary may obtain such material upon request,
and may enter into cooperative arrangements with other
executive agencies to provide such material or provide
Department officials with access to it on a regular or
routine basis, including requests or arrangements involving
broad categories of material, access to electronic databases,
or both; and
(2) regardless of whether the Secretary has made any
request or entered into any cooperative arrangement pursuant
to paragraph (1), all agencies of the Federal Government
shall promptly provide to the Secretary--
(A) all reports (including information reports containing
intelligence which has not been fully evaluated),
assessments, and analytical information relating to threats
of terrorism against the United States and to other areas of
responsibility under section 101;
(B) all information concerning the vulnerability of the
infrastructure of the United States, or other vulnerabilities
of the United States, to terrorism, whether or not such
information has been analyzed;
(C) all other information relating to significant and
credible threats of terrorism against the United States,
whether or not such information has been analyzed; and
(D) such other information or material as the President may
direct.
(c) Treatment Under Certain Laws.--The Secretary shall be
deemed to be a Federal law enforcement, intelligence,
protective, national defense, immigration, or national
security official, and shall be provided with all information
from law enforcement agencies that is required to be given to
the Director of Central Intelligence, under any provision of
the following:
(1) The USA PATRIOT Act of 2001 (Public Law 107-56).
(2) Section 2517(6) of title 18, United States Code.
(3) Rule 6(e)(3)(C) of the Federal Rules of Criminal
Procedure.
(d) Access to Intelligence and Other Information.--
(1) Access by elements of federal government.--Nothing in
this title shall preclude any element of the intelligence
community (as that term is defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)), or other
any element of the Federal Government with responsibility for
analyzing terrorist threat information, from receiving any
intelligence or other information relating to terrorism.
(2) Sharing of information.--The Secretary, in consultation
with the Director of Central Intelligence, shall work to
ensure that intelligence or other information relating to
terrorism to which the Department has access is appropriately
shared with the elements of the Federal Government referred
to in paragraph (1), as well as with State and local
governments, as appropriate.
SEC. 203. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL
INFORMATION.
(a) Definitions.--In this section:
(1) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section
1016(e) of the USA PATRIOT Act of 2001 (42 U.S.C. 5195(e)).
(2) Furnished voluntarily.--
(A) Definition.--The term ``furnished voluntarily'' means a
submission of a record that--
(i) is made to the Department in the absence of authority
of the Department requiring that record to be submitted; and
(ii) is not submitted or used to satisfy any legal
requirement or obligation or to obtain any grant, permit,
benefit (such as agency forbearance, loans, or reduction or
modifications of agency penalties or rulings), or other
approval from the Government.
(B) Benefit.--In this paragraph, the term ``benefit'' does
not include any warning, alert, or other risk analysis by the
Department.
(b) In General.--Notwithstanding any other provision of
law, a record pertaining to the vulnerability of and threats
to critical infrastructure (such as attacks, response, and
recovery efforts) that is furnished voluntarily to the
Department shall not be made available under section 552 of
title 5, United States Code, if--
(1) the provider would not customarily make the record
available to the public; and
(2) the record is designated and certified by the provider,
in a manner specified by the Department, as confidential and
not customarily made available to the public.
(c) Records Shared With Other Agencies.--
(1) In general.--
(A) Response to request.--An agency in receipt of a record
that was furnished voluntarily to the Department and
subsequently shared with the agency shall, upon receipt of a
request under section 552 of title 5, United States Code, for
the record--
(i) not make the record available; and
(ii) refer the request to the Department for processing and
response in accordance with this section.
(B) Segregable portion of record.--Any reasonably
segregable portion of a record shall be provided to the
person requesting the record after deletion of any portion
which is exempt under this section.
(2) Disclosure of independently furnished records.--
Notwithstanding paragraph (1), nothing in this section shall
prohibit an agency from making available under section 552 of
title 5, United States Code, any record that the agency
receives independently of the Department, regardless of
whether or not the Department has a similar or identical
record.
(d) Withdrawal of Confidential Designation.--The provider
of a record that is furnished voluntarily to the Department
under subsection (b) may at any time withdraw, in a manner
specified by the Department, the confidential designation.
(e) Procedures.--The Secretary shall prescribe procedures
for--
(1) the acknowledgement of receipt of records furnished
voluntarily;
(2) the designation, certification, and marking of records
furnished voluntarily as confidential and not customarily
made available to the public;
(3) the care and storage of records furnished voluntarily;
(4) the protection and maintenance of the confidentiality
of records furnished voluntarily; and
(5) the withdrawal of the confidential designation of
records under subsection (d).
(f) Effect on State and Local Law.--Nothing in this section
shall be construed as preempting or otherwise modifying State
or local law concerning the disclosure of any information
that a State or local government receives independently of
the Department.
(g) Report.--
(1) Requirement.--Not later than 18 months after the date
of enactment of this Act, the Comptroller General of the
United States shall submit to the committees of Congress
specified in paragraph (2) a report on the implementation and
use of this section, including--
(A) the number of persons in the private sector, and the
number of State and local agencies, that furnished
voluntarily records to the Department under this section;
(B) the number of requests for access to records granted or
denied under this section; and
(C) such recommendations as the Comptroller General
considers appropriate regarding improvements in the
collection and analysis of sensitive information held by
persons in the private sector, or by State and local
agencies, relating to vulnerabilities of and threats to
critical infrastructure, including the response to such
vulnerabilities and threats.
(2) Committees of congress.--The committees of Congress
specified in this paragraph are--
(A) the Committees on the Judiciary and Governmental
Affairs of the Senate; and
(B) the Committees on the Judiciary and Government Reform
and Oversight of the House of Representatives.
(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY.
There shall be in the Department a Directorate of Science
and Technology headed by an Under Secretary for Science and
Technology.
SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER
SECRETARY FOR SCIENCE AND TECHNOLOGY.
In assisting the Secretary with the responsibility
specified in section 101(b)(2)(B), the primary
responsibilities of the Under Secretary for Science and
Technology shall include--
(1) advising the Secretary regarding research and
development efforts and priorities in support of the
Department's missions;
[[Page S9246]]
(2) supporting all elements of the Department in research,
development, testing, evaluation and deployment of science
and technology that is applicable in the detection of,
prevention of, protection against, response to, attribution
of, and recovery from homeland security threats, particularly
acts of terrorism;
(3) to support the Under Secretary for Information Analysis
and Infrastructure Protection, by assessing and testing
homeland security vulnerabilities and possible threats;
(4) conducting a national scientific research and
development program to support the mission of the Department,
including developing national policy for and coordinating the
Federal Government's civilian efforts to identify, devise,
and implement scientific, technological, and other
countermeasures to chemical, biological, radiological,
nuclear, and other emerging terrorist threats, including
directing, funding and conducting research and development
relating to the same;
(5) establishing priorities for, directing, funding, and
conducting national research, development, test and
evaluation, and procurement of technology and systems--
(A) for preventing the importation of chemical, biological,
radiological, nuclear, and related weapons and material; and
(B) for detecting, preventing, protecting against, and
responding to terrorist attacks;
(6) establishing a system for transferring homeland
security developments or technologies to federal, state,
local government, and private sector entities;
(7) entering into joint sponsorship agreements with the
Department of Energy regarding the use of the national
laboratories or sites and support of the science and
technology base at those facilities;
(8) collaborating with the Secretary of Agriculture in
determining the biological agents and toxins that shall be
included on the list of biological agents and toxins required
under section 212(a) of the Agricultural Bioterrorism
Protection Act of 2002 (7 U.S.C. 8401);
(9) collaborating with the Secretary of Health and Human
Services in determining the biological agents and toxins that
shall be listed as ``select agents'' in Appendix A of part 72
of title 42, Code of Federal Regulations, pursuant to section
351A of the Public Health Service Act (42 U.S.C. 262a); and
(10) supporting United States leadership in science and
technology.
SEC. 303. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and
liabilities of the following entities:
(1) The following programs and activities of the Department
of Energy, including the functions of the Secretary of Energy
relating thereto (but not including programs and activities
relating to the strategic nuclear defense posture of the
United States):
(A) The chemical and biological national security and
supporting programs and activities of the nonproliferation
and verification research and development program.
(B) The nuclear smuggling programs and activities within
the proliferation detection program of the nonproliferation
and verification research and development program. The
programs and activities described in this subparagraph may be
designated by the President either for transfer to the
Department or for joint operation by the Secretary and the
Secretary of Energy.
(C) The nuclear assessment program and activities of the
assessment, detection, and cooperation program of the
international materials protection and cooperation program.
(D) Such life sciences activities of the biological and
environmental research program related to microbial pathogens
as may be designated by the President for transfer to the
Department.
(E) The Environmental Measurements Laboratory.
(F) The advanced scientific computing research program and
activities at Lawrence Livermore National Laboratory.
(2) The National Bio-Weapons Defense Analysis Center of the
Department of Defense, including the functions of the
Secretary of Defense related thereto.
(3) The Plum Island Animal Disease Center of the Department
of Agriculture, including the functions of the Secretary of
Agriculture relating thereto, as provided in section 310.
(4)(A) Except as provided in subparagraph (B)--
(i) the functions of the Select Agent Registration Program
of the Department of Health and Human Services, including all
functions of the Secretary of Health and Human Services under
title II of the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002 (Public Law 107-188);
and
(ii) the functions of the Department of Agriculture under
the Agricultural Bioterrorism Protection Act of 2002 (7
U.S.C. 8401 et seq.).
(B)(i) The Secretary shall collaborate with the Secretary
of Health and Human Services in determining the biological
agents and toxins that shall be listed as ``select agents''
in Appendix A of part 72 of title 42, Code of Federal
Regulations, pursuant to section 351A of the Public Health
Service Act (42 U.S.C. 262a).
(ii) The Secretary shall collaborate with the Secretary of
Agriculture in determining the biological agents and toxins
that shall be included on the list of biological agents and
toxins required under section 212(a) of the Agricultural
Bioterrorism Protection Act of 2002 (7 U.S.C. 8401).
(C) In promulgating regulations pursuant to the functions
described in subparagraph (A), the Secretary shall act in
collaboration with the Secretary of Health and Human Services
and the Secretary of Agriculture.
SEC. 304. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED
ACTIVITIES.
(a) In General.--Except as the President may otherwise
direct, the Secretary shall carry out his civilian human
health-related biological, biomedical, and infectious disease
defense research and development (including vaccine research
and development) responsibilities through the Department of
Health and Human Services (including the Public Health
Service), under agreements with the Secretary of Health and
Human Services, and may transfer funds to him in connection
with such agreements.
(b) Establishment of Program.--With respect to any
responsibilities carried out through the Department of Health
and Human Services under this subsection, the Secretary, in
consultation with the Secretary of Health and Human Services,
shall have the authority to establish the research and
development program, including the setting of priorities.
SEC. 305. RESEARCH IN CONJUNCTION WITH THE DEPARTMENT OF
HEALTH AND HUMAN SERVICES AND OTHER
DEPARTMENTS.
With respect to such other research and development
responsibilities under this title, including health-related
chemical, radiological, and nuclear defense research and
development responsibilities, as the Secretary may elect to
carry out through the Department of Health and Human Services
(including the Public Health Service) (under agreements with
the Secretary of Health and Human Services) or through other
Federal agencies (under agreements with their respective
heads), the Secretary may transfer funds to the Secretary of
Health and Human Services, or to such heads, as the case may
be.
SEC. 306. HOMELAND SECURITY ADVANCED RESEARCH PROJECTS
AGENCY.
(a) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the Acceleration Fund
for Research and Development of Homeland Security
Technologies established under this section.
(2) Homeland security research and development.--The term
``homeland security research and development'' means research
and development of technologies that are applicable in the
detection of, prevention of, protection against, response to,
attribution of, and recovery from homeland security threats,
particularly acts of terrorism.
(3) HSARPA.--The term ``HSARPA'' means the Homeland
Security Advanced Research Projects Agency established under
this section.
(4) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Science and Technology or the
designee of that Under Secretary.
(b) Purposes.--The purposes of this section are to--
(1) establish the Homeland Security Advanced Research
Projects Agency to prioritize and fund homeland security
research and development using the acceleration fund; and
(2) establish a fund to leverage existing research and
development and accelerate the deployment of technology that
will serve to enhance homeland defense.
(c) Fund.--
(1) Establishment.--There is established the Acceleration
Fund for Research and Development of Homeland Security
Technologies.
(2) Use of fund.--The Fund may be used to--
(A) accelerate research, development, testing and
evaluation, and deployment of critical homeland security
technologies; and
(B) support homeland security research and development.
(3) Authorization of appropriations.--There are authorized
to be appropriated $500,000,000 to the Fund for fiscal year
2003, and such sums as may be necessary in subsequent years.
(4) Transition of Funds.--With respect to such research,
development, testing, and evaluation responsibilities under
this section as the Secretary may elect to carry out through
agencies other than the Department (under agreements with
their respective heads), the Secretary may transfer funds to
such heads. Of the funds authorized to be appropriated under
paragraph (3) for the Fund, not less than 10 percent of such
funds for each fiscal year through fiscal year 2005 shall be
authorized only for the Under Secretary, through joint
agreement with the Commandant of the Coast Guard, to carry
out research and development of improved ports, waterways,
and coastal security surveillance and perimeter protection
capabilities for the purpose of minimizing the possibility
that Coast Guard cutters, aircraft, helicopters, and
personnel will be diverted from non-homeland security
missions to the ports, waterways, and coastal security
mission.
(d) Responsibilities of the Homeland Security Advanced
Research Projects Agency.--The Homeland Security Advance
Research Project Agency shall have the following
responsibilities:
[[Page S9247]]
(1) To facilitate effective communication among
departments, agencies, and other entities of the Federal
Government, with respect to the conduct of research and
development related to homeland security.
(2) To identify, by consensus and on a yearly basis,
specific technology areas for which the Fund shall be used to
rapidly transition homeland security research and development
into deployed technology and reduce identified homeland
security vulnerabilities. The identified technology areas
shall, as determined by the Homeland Security Advanced
Research Projects Agency, be areas in which there exist
research and development projects that address identified
homeland security vulnerabilities and can be accelerated to
the stage of prototyping, evaluating, transitioning, or
deploying.
(3) To administer the Fund, including--
(A) issuing an annual multiagency program announcement
soliciting proposals from government entities, federally
funded research and development centers, industry, and
academia;
(B) competitively selecting, on the basis of a merit-based
review, proposals that advance the state of deployed
technologies in the areas identified for that year;
(C) at the discretion of the HSARPA, assigning 1 or more
program managers to oversee, administer, and execute a Fund
project as the agent of HSARPA; and
(D) providing methods of funding, including grants,
cooperative agreements, joint sponsorship agreements, or any
other transaction.
(4) With respect to expenditures from the Fund, exercise
acquisition authority consistent with the authority described
under section 2371 of title 10, United States Code, relating
to authorizing cooperative agreements and other transactions.
(5) In hiring personnel to assist in the administration of
the HSARPA, have the authority to exercise the personnel
hiring and management authorities described in section 1101
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (5 U.S.C. 3104 note; Public Law 105-261)
with the stipulation that the Secretary shall exercise such
authority for a period of 7 years commencing on the date of
enactment of this Act, that a maximum of 100 persons may be
hired under such authority, and that the term of appointments
for employees under subsection (c)(1) of that section may not
exceed 5 years before the granting of any extension under
subsection (c)(2) of that section.
(6) Develop and oversee the implementation of periodic
homeland security technology demonstrations, held at least
annually, for the purpose of improving contact between
technology developers, vendors, and acquisition personnel
associated with related industries.
SEC. 307. MISCELLANEOUS AUTHORITIES RELATING TO NATIONAL
LABORATORIES.
(a) In General.--The limitation of the number of employees
of the Department of Energy national laboratories assigned to
Washington, D.C. shall not apply to those employees who, at
the request of the Secretary, are assigned, on a temporary
basis, to assist in the establishment of the Department.
(b) Direct Tasking.--Notwithstanding any other law
governing the administration, mission, use, or operations of
any of the Department of Energy national laboratories and
sites, such laboratories and sites are authorized to accept
direct tasking from the Secretary or his designee, consistent
with resources provided, and perform such tasking on an equal
basis to other missions at the laboratory and not on a
noninterference basis with other missions of such laboratory
or site.
SEC. 308. HOMELAND SECURITY INSTITUTE.
Within the Directorate of Science and Technology there
shall be established a Homeland Security Institute as a
separate federally funded research and development center
under the direction of the Under Secretary to perform policy
and systems analysis, assist in the definition of standards
and metrics, assist agencies with evaluating technologies for
deployment, proposing risk management strategies based on
technology developments, and performing other appropriate
research and analysis to improve policy and decisionmaking as
it relates to the mission of the Department. The Homeland
Security Institute shall utilize the capabilities of the
National Infrastructure Simulation and Analysis Center.
SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL
LABORATORIES AND SITES IN SUPPORT OF HOMELAND
SECURITY ACTIVITIES.
(a) Office for National Laboratories.--There is established
within the Directorate of Science and Technology an Office
for National Laboratories, which shall be responsible for the
coordination and utilization of the Department of Energy
national laboratories and sites in a manner to create a
networked laboratory system for the purpose of supporting the
missions of the Department.
(b) Joint Sponsorship.--The Department may be a joint
sponsor, under a multiple agency sponsorship arrangement with
the Department of Energy, of 1 or more Department of Energy
national laboratories in the performance of work.
(c) Arrangements.--The Department may be a joint sponsor of
a Department of Energy site in the performance of work as if
such site were a federally funded research and development
center and the work were performed under a multiple agency
sponsorship arrangement with the Department.
(d) Primary Sponsor.--The Department of Energy shall be the
primary sponsor under a multiple agency sponsorship
arrangement entered into under subsection (a) or (b).
(e) Lead Agent.--
(1) In general.--The Secretary of Energy shall act as the
lead agent in coordinating the formation and performance of a
joint sponsorship agreement between the Department and a
Department of Energy national laboratory or site for work on
homeland security.
(2) Federal acquisition regulation.--Any work performed by
a national laboratory or site under this section shall comply
with the policy on the use of federally funded research and
development centers under section 35.017(a) (4) of the
Federal Acquisition Regulation.
(f) Funding.--The Department shall provide funds for work
at the Department of Energy national laboratories or sites,
as the case may be, under this section under the same terms
and conditions as apply to the primary sponsor of such
national laboratory under section 303(b)(1)(C) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253 (b)(1)(C)) or of such site to the extent such section
applies to such site as a federally funded research and
development center by reason of subsection (b).
(g) Authorities of Secretary and Under Secretary.--In
connection with work involving the Department of Energy
national laboratories or sites, the Secretary or Under
Secretary for Science and Technology--
(1) may enter into joint sponsorship agreements with
Department of Energy national laboratories or sites;
(2) may directly fund, task, and manage work at the
Department of Energy national laboratories and sites; and
(3) may permit the director of any Department of Energy
national laboratory or site to enter into cooperative
research and development agreements or to negotiate licensing
agreements with any person, any agency or instrumentality, of
the United States, any unit of State or local government, and
any other entity under the authority granted by section 12 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a). Technology may be transferred to a non-Federal
party to such an agreement consistent with the provisions of
sections 11 and 12 of such Act (15 U.S.C. 3710, 3710a).
SEC. 310. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER,
DEPARTMENT OF AGRICULTURE.
(a) In General.--In accordance with title VIII, the
Secretary of Agriculture shall transfer to the Secretary of
Homeland Security the Plum Island Animal Disease Center of
the Department of Agriculture, including the assets and
liabilities of the Center.
(b) Continued Department of Agriculture Access.--On
completion of the transfer of the Plum Island Animal Disease
Center under subsection (a), the Secretary of Homeland
Security and the Secretary of Agriculture shall enter into an
agreement to ensure that the Department of Agriculture is
able to carry out research, diagnostic, and other activities
of the Department of Agriculture at the Center.
(c) Direction of Activities.--The Secretary of Agriculture
shall continue to direct the research, diagnostic, and other
activities of the Department of Agriculture at the Center
described in subsection (b).
(d) Notification.--
(1) In general.--At least 180 days before any change in the
biosafety level at the Plum Island Animal Disease Center, the
President shall notify Congress of the change and describe
the reasons for the change.
(2) Limitation.--No change described in paragraph (1) may
be made earlier than 180 days after the completion of the
transition period (as defined in section 801(2)).
SEC. 311. CLEARINGHOUSE.
(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall provide for a
clearinghouse as a central, national point of entry for
individuals or companies seeking guidance on how to pursue
proposals to develop or deploy products that would contribute
to homeland security. Such clearinghouse shall refer those
seeking guidance on Federal funding, regulation, acquisition,
or other matters to the appropriate unit of the Department or
to other appropriate Federal agencies.
(b) Screenings and Assessments.--The Under Secretary for
Science and Technology shall work in conjunction with the
Technical Support Working Group (organized under the April
1982, National Security Decision Directive Numbered 30) to--
(1) screen proposals described in subsection (a), as
appropriate;
(2) assess the feasibility, scientific and technical
merits, and estimated cost of proposals screened under
paragraph (1), as appropriate; and
(3) identify areas where existing technologies may be
easily adapted and deployed to meet the homeland security
agenda of the Federal Government.
TITLE IV--BORDER AND TRANSPORTATION SECURITY
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION
SECURITY.
There shall be in the Department a Directorate for Border
and Transportation Security headed by an Under Secretary for
Border and Transportation Security.
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SEC. 402. RESPONSIBILITIES.
In assisting the Secretary with the responsibilities
specified in section 101(b)(2)(C), the primary
responsibilities of the Under Secretary for Border and
Transportation Security shall include--
(1) preventing the entry of terrorists and the instruments
of terrorism into the United States;
(2) securing the borders, territorial waters, ports,
terminals, waterways, and air, land, and sea transportation
systems of the United States, including managing and
coordinating governmental activities at ports of entry;
(3) administering the immigration and naturalization laws
of the United States, including the establishment of rules,
in accordance with section 406, governing the granting of
visas or other forms of permission, including parole, to
enter the United States to individuals who are not citizens
or lawful permanent residents thereof;
(4) administering the customs laws of the United States;
(5) in carrying out the foregoing responsibilities,
ensuring the speedy, orderly, and efficient flow of lawful
traffic and commerce;
(6) carrying out the border patrol function; and
(7) administering and enforcing the functions of the
Department under the immigration laws of the United States
with respect to the inspection of aliens arriving at ports of
entry of the United States.
SEC. 403. FUNCTIONS TRANSFERRED.
(a) In General.--In accordance with title VIII, there shall
be transferred to the Secretary the functions, personnel,
assets, and liabilities of--
(1) the United States Customs Service of the Department of
the Treasury, including the functions of the Secretary of the
Treasury relating thereto;
(2) the Transportation Security Administration of the
Department of Transportation, including the functions of the
Secretary of Transportation, and of the Under Secretary of
Transportation for Security, relating thereto;
(3) the Federal Protective Service of the General Services
Administration, including the functions of the Administrator
of General Services relating thereto; and
(4) the Federal Law Enforcement Training Center of the
Department of the Treasury.
(b) Exercise of Customs Revenue Authorities.--
(1) In general.--
(A) Authorities not transferred.--Notwithstanding
subsection (a)(1), authority that was vested in the Secretary
of the Treasury by law to issue regulations related to
customs revenue functions before the effective date of this
section under the provisions of law set forth under paragraph
(2) shall not be transferred to the Secretary by reason of
this Act. The Secretary of the Treasury, with the concurrence
of the Secretary, shall exercise this authority. The
Commissioner of Customs is authorized to engage in activities
to develop and support the issuance of the regulations
described in this paragraph. The Secretary shall be
responsible for the implementation and enforcement of
regulations issued under this section.
(B) Report.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the Treasury shall
submit a report to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives of proposed conforming amendments to the
statutes set forth under paragraph (2) in order to determine
the appropriate allocation of legal authorities described
under this subsection. The Secretary of the Treasury shall
also identify those authorities vested in the Secretary of
the Treasury that are exercised by the Commissioner of
Customs on or before the effective date of this section.
(C) Liability.--Neither the Secretary of the Treasury nor
the Department of the Treasury shall be liable for or named
in any legal action concerning the implementation and
enforcement of regulations issued under this paragraph after
the effective date of this Act.
(2) Applicable laws.--The provisions of law referred to
under paragraph (1) are those sections of the following
statutes that relate to customs revenue functions:
(A) The Tariff Act of 1930.
(B) Section 249 of the Revised Statutes of the United
States (19 U.S.C. 3).
(C) Section 2 of the Act of March 4, 1923 (19 U.S.C. 6).
(D) Section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c).
(E) Section 251 of the Revised States of the United States
(19 U.S.C. 66).
(F) Section 1 of the Act of June 26, 1930 (19 U.S.C. 68).
(G) The Foreign Trade Zones Act (19 U.S.C. 81a et seq.).
(H) Section 1 of the Act of March 2, 1911 (19 U.S.C. 198).
(I) The Trade Act of 1974.
(J) The Trade Agreement Act of 1979.
(K) The North American Free Trade Area Implementation Act.
(L) The Uruguay Round Agreements Act.
(M) The Caribbean Basin Economic Recovery Act.
(N) The Andean Growth and Opportunity Act.
(O) Any other provision of law vesting customs revenue
functions in the Secretary of the Treasury.
(3) Definitions of customs revenue functions.--In this
subsection, the term ``customs revenue functions'' means--
(A) assessing, collecting, and refunding duties (including
any special duties), excise taxes, fees, and any liquidated
damages or penalties due on imported merchandise, including
classifying and valuing merchandise and the procedures for
``entry'' as that term is defined in the United States
Customs laws;
(B) administering section 337 of the Tariff Act of 1930 and
provisions relating to import quotas and the marking of
imported merchandise, and providing Customs Recordation for
copyrights, patents, and trademarks;
(C) collecting accurate import data for compilation of
international trade statistics; and
(D) administering reciprocal trade agreements and trade
preference legislation.
SEC. 404. TRANSFER OF CERTAIN AGRICULTURAL INSPECTION
FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE.
(a) Transfer of Agricultural Import and Entry Inspection
Functions.--There shall be transferred to the Secretary the
functions of the Secretary of Agriculture relating to
agricultural import and entry inspection activities under the
laws specified in subsection (b).
(b) Covered Animal and Plant Protection Laws.--The laws
referred to in subsection (a) are the following:
(1) The Act commonly known as the Virus-Serum-Toxin Act
(the eighth paragraph under the heading ``Bureau of Animal
Industry'' in the Act of March 4, 1913; 21 U.S.C. 151 et
seq.).
(2) The first section of the Act of August 31, 1922
(commonly known as the Honeybee Act; 7 U.S.C. 281).
(3) Title III of the Federal Seed Act (7 U.S.C. 1581 et
seq.).
(4) The Plant Protection Act (7 U.S.C. 7701 et seq.).
(5) The Animal Health Protection Act (subtitle E of title X
of Public Law 107-171; 7 U.S.C. 8301 et seq.).
(6) The Lacey Act Amendments of 1981 (16 U.S.C. 3371 et
seq.).
(7) Section 11 of the Endangered Species Act of 1973 (16
U.S.C. 1540).
(c) Exclusion of Quarantine Activities.--For purposes of
this section, the term ``functions'' does not include any
quarantine activities carried out under the laws specified in
subsection (b).
(d) Effect of Transfer.--
(1) Compliance with department of agriculture
regulations.--The authority transferred pursuant to
subsection (a) shall be exercised by the Secretary in
accordance with the regulations, policies, and procedures
issued by the Secretary of Agriculture regarding the
administration of the laws specified in subsection (b).
(2) Rulemaking coordination.--The Secretary of Agriculture
shall coordinate with the Secretary whenever the Secretary of
Agriculture prescribes regulations, policies, or procedures
for administering the laws specified in subsection (b) at the
locations referred to in subsection (a).
(3) Effective administration.--The Secretary, in
consultation with the Secretary of Agriculture, may issue
such directives and guidelines as are necessary to ensure the
effective use of personnel of the Department to carry out the
functions transferred pursuant to subsection (a).
(e) Transfer Agreement.--
(1) Agreement required; revision.--Before the end of the
transition period, as defined in section 801(2), the
Secretary of Agriculture and the Secretary shall enter into
an agreement to effectuate the transfer of functions required
by subsection (a). The Secretary of Agriculture and the
Secretary may jointly revise the agreement as necessary
thereafter.
(2) Required terms.--The agreements required by this
subsection shall provide for the following:
(A) The supervision by the Secretary of Agriculture of the
training of employees of the Department to carry out the
functions transferred pursuant to subsection (a).
(B) The transfer of funds to the Secretary under subsection
(f).
(C) Authority under which the Secretary may perform
functions that are delegated to the Animal and Plant
Inspection Service of the Department of Agriculture regarding
the protection of domestic livestock and plants, but not
transferred to the Secretary pursuant to subsection (a).
(D) Authority under which the Secretary of Agriculture may
use employees of the Department to carry out authorities
delegated to the Animal and Plant Health Inspection Service
regarding the protection of domestic livestock and plants.
(f) Periodic Transfer of Funds to Department of Homeland
Security.--
(1) Transfer of funds.--Subject to paragraph (2), out of
any funds collected as fees under sections 2508 and 2509 of
the Food, Agriculture, Conservation, and Trade Act of 1990
(21 U.S.C. 136, 136a), the Secretary of Agriculture shall
periodically transfer to the Secretary, in accordance with
the agreement under subsection (e), funds for activities
carried out by the Secretary for which the fees were
collected.
(2) Limitation.--The proportion of fees collected under
sections 2508 and 2509 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a)
that are transferred to the Secretary under paragraph (1) may
not exceed the proportion that--
(A) the costs incurred by the Secretary to carry out
activities funded by those fees; bears to
[[Page S9249]]
(B) the costs incurred by the Federal Government to carry
out activities funded by those fees.
(g) Transfer of Department of Agriculture Employees.--Not
later than the completion of the transition period (as
defined in section 801(2)), the Secretary of Agriculture
shall transfer to the Department not more than 3,200 full-
time equivalent positions of the Department of Agriculture.
(h) Protection of Inspection Animals.--Title V of the
Agricultural Risk Protection Act of 2002 (7 U.S.C. 2279e,
2279f) is amended--
(1) in section 501(a)--
(A) by inserting ``or the Department of Homeland Security''
after ``Department of Agriculture''; and
(B) by inserting ``or the Secretary of Homeland Security''
after ``Secretary of Agriculture'';
(2) by striking ``Secretary'' each place it appears (other
than in sections 501(a) and 501(e)) and inserting ``Secretary
concerned''; and
(3) by adding at the end of section 501 the following:
``(i) Secretary Concerned Defined.--In this title, the term
`Secretary concerned' means--
``(1) the Secretary of Agriculture, with respect to an
animal used for purposes of official inspections by the
Department of Agriculture; and
``(2) the Secretary of Homeland Security, with respect to
an animal used for purposes of official inspections by the
Department of Homeland Security.''.
(j) Conforming Amendments.--
(1) Section 501 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 2279e) is amended--
(A) in subsection (a)--
(i) by inserting ``or the Department of Homeland Security''
after ``Department of Agriculture''; and
(ii) by inserting ``or the Secretary of Homeland Security''
after ``Secretary of Agriculture''; and
(B) by striking ``Secretary'' each place it appears (other
than in subsections (a) and (e)) and inserting ``Secretary
concerned''.
(2) Section 221 of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (7 U.S.C.
8411) is repealed.
SEC. 405. COORDINATION OF INFORMATION AND INFORMATION
TECHNOLOGY.
(a) Definition of Affected Agency.--In this section, the
term ``affected agency'' means--
(1) the Department;
(2) the Department of Agriculture;
(3) the Department of Health and Human Services; and
(4) any other department or agency determined to be
appropriate by the Secretary.
(b) Coordination.--The Secretary, in coordination with the
Secretary of Agriculture, the Secretary of Health and Human
Services, and the head of each other department or agency
determined to be appropriate by the Secretary, shall ensure
that appropriate information (as determined by the Secretary)
concerning inspections of articles that are imported or
entered into the United States, and are inspected or
regulated by 1 or more affected agencies, is timely and
efficiently exchanged between the affected agencies.
(c) Report and Plan.--Not later than 18 months after the
date of enactment of this Act, the Secretary, in consultation
with the Secretary of Agriculture, the Secretary of Health
and Human Services, and the head of each other department or
agency determined to be appropriate by the Secretary, shall
submit to Congress--
(1) a report on the progress made in implementing this
section; and
(2) a plan to complete implementation of this section.
SEC. 406. VISA ISSUANCE.
(a) Definition.--In this subsection, the term ``consular
office'' has the meaning given that term under section
101(a)(9) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(9)).
(b) In General.--Notwithstanding section 104(a) of the
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any
other provision of law, and except as provided in subsection
(c) of this section, the Secretary--
(1) shall be vested exclusively with all authorities to
issue regulations with respect to, administer, and enforce
the provisions of such Act, and of all other immigration and
nationality laws, relating to the functions of consular
officers of the United States in connection with the granting
or refusal of visas which authorities shall be exercised
through the Secretary of State, except that the Secretary
shall not have authority to alter or reverse the decision of
a consular officer to refuse a visa to an alien;
(2) may delegate in whole or part the authority under
subparagraph (A) to the Secretary of State; and
(3) shall have authority to confer or impose upon any
officer or employee of the United States, with the consent of
the head of the executive agency under whose jurisdiction
such officer or employee is serving, any of the functions
specified in paragraph (1).
(c) Authority of the Secretary of State.--
(1) In general.--Notwithstanding subsection (b), the
Secretary of State may direct a consular officer to refuse a
visa to an alien if the Secretary of State deems such refusal
necessary or advisable in the foreign policy or security
interests of the United States.
(2) Construction regarding authority.--Nothing in this
section shall be construed as affecting the authorities of
the Secretary of State under the following provisions of law:
(A) Section 101(a)(15)(A) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(A)).
(B) Section 204(d)(2) of the Immigration and Nationality
Act (8 U.S.C. 1154) (as it will take effect upon the entry
into force of the Convention on Protection of Children and
Cooperation in Respect to Inter-Country adoption).
(C) Section 212(a)(3)(B)(i)(IV)(bb) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(IV)(bb)).
(D) Section 212(a)(3)(B)(i)(VI) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(VI)).
(E) Section 212(a)(3)(B)(vi)(II) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(II)).
(F) Section 212(a)(3(C) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(C)).
(G) Section 212(a)(10)(C) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(10)(C)).
(H) Section 212(f) of the Immigration and Nationality Act
(8 U.S.C. 1182(f)).
(I) Section 219(a) of the Immigration and Nationality Act
(8 U.S.C. 1189(a)).
(J) Section 237(a)(4)(C) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(4)(C)).
(K) Section 401 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6034; Public Law
104-114).
(L) Section 613 of the Departments of Commerce, Justice,
and State, the Judiciary and Related Agencies Appropriations
Act, 1999 (as contained in section 101(b) of division A of
Public Law 105-277) (Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999); 112 Stat. 2681; H.R.
4328 (originally H.R. 4276) as amended by section 617 of
Public Law 106-553.
(M) Section 103(f) of the Chemical Weapon Convention
Implementation Act of 1998 (112 Stat. 2681-865).
(N) Section 801 of H.R. 3427, the Admiral James W. Nance
and Meg Donovan Foreign Relations Authorization Act, Fiscal
Years 2000 and 2001, as enacted by reference in Public Law
106-113.
(O) Section 568 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002
(Public Law 107-115).
(P) Section 51 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2723).
(d) Consular Officers and Chiefs of Missions.--
(1) In general.--Nothing in this subsection may be
construed to alter or affect--
(A) the employment status of consular officers as employees
of the Department of State; or
(B) the authority of a chief of mission under section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927).
(2) Construction regarding delegation of authority.--
Nothing in this section shall be construed to affect any
delegation of authority to the Secretary of State by the
President pursuant to any proclamation issued under section
212(f) of the Immigration and Nationality Act (8 U.S.C.
1182(f)).
(e) Assignment of Homeland Security Employees to Diplomatic
and Consular Posts.--
(1) In general.--The Secretary is authorized to assign
employees of the Department to each diplomatic and consular
post at which visas are issued, unless the Secretary
determines that such an assignment at a particular post would
not promote homeland security.
(2) Functions.--Employees assigned under paragraph (1)
shall perform the following functions:
(i) Provide expert advice to consular officers regarding
specific security threats relating to the adjudication of
individual visa applications or classes of applications.
(ii) Review any such applications, either on the initiative
of the employee of the Department or upon request by a
consular officer or other person charged with adjudicating
such applications.
(iii) Conduct investigations with respect to consular
matters under the jurisdiction of the Secretary.
(3) Evaluation of consular officers.--The Secretary of
State shall evaluate, in consultation with the Secretary, as
deemed appropriate by the Secretary, the performance of
consular officers with respect to the processing and
adjudication of applications for visas in accordance with
performance standards developed by the Secretary for these
procedures.
(4) Report.--The Secretary shall, on an annual basis,
submit a report to Congress that describes the basis for each
determination under paragraph (1) that the assignment of an
employee of the Department at a particular diplomatic post
would not promote homeland security.
(5) Permanent assignment; participation in terrorist
lookout committee.--When appropriate, employees of the
Department assigned to perform functions described in
paragraph (2) may be assigned permanently to overseas
diplomatic or consular posts with country-specific or
regional responsibility. If the Secretary so directs, any
such employee, when present at an overseas post, shall
participate in the terrorist lookout committee established
under section 304 of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (8 U.S.C. 1733).
(6) Training and hiring.--
[[Page S9250]]
(A) In general.--The Secretary shall ensure, to the extent
possible, that any employees of the Department assigned to
perform functions under paragraph (2) and, as appropriate,
consular officers, shall be provided the necessary training
to enable them to carry out such functions, including
training in foreign languages, in conditions in the
particular country where each employee is assigned, and in
other appropriate areas of study.
(B) Use of center.--The Secretary is authorized to use the
National Foreign Affairs Training Center, on a reimbursable
basis, to obtain the training described in subparagraph (A).
(7) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of
State shall submit to Congress--
(A) a report on the implementation of this subsection; and
(B) any legislative proposals necessary to further the
objectives of this subsection.
(8) Effective date.--This subsection shall take effect on
the earlier of--
(A) the date on which the President publishes notice in the
Federal Register that the President has submitted a report to
Congress setting forth a memorandum of understanding between
the Secretary and the Secretary of State governing the
implementation of this section; or
(B) the date occurring 1 year after the date of enactment
of this Act.
(f) No Creation of Private Right of Action.--Nothing in
this section shall be construed to create or authorize a
private right of action to challenge a decision of a consular
officer or other United States official or employee to grant
or deny a visa.
SEC. 407. BORDER SECURITY AND IMMIGRATION WORKING GROUP.
(a) Establishment.--The Secretary shall establish a border
security and immigration working group (in this section
referred to as the ``Working Group''), composed of the
Secretary or the designee of the Secretary, the Under
Secretary for Immigration Affairs, and the Under Secretary
for Border and Transportation protection.
(b) Functions.--The Working Group shall meet not less
frequently than once every 3 months and shall--
(1) with respect to border security functions, develop
coordinated budget requests, allocations of appropriations,
staffing requirements, communication, use of equipment,
transportation, facilities, and other infrastructure;
(2) coordinate joint and cross-training programs for
personnel performing border security functions;
(3) monitor, evaluate and make improvements in the coverage
and geographic distributions of border security programs and
personnel;
(4) develop and implement policies and technologies to
ensure the speedy, orderly, and efficient flow of lawful
traffic, travel and commerce, and enhanced security for high-
risk traffic, travel, and commerce;
(5) identify systemic problems in coordination encountered
by border security agencies and programs and propose
administrative, regulatory, or statutory changes to mitigate
such problems; and
(6) coordinate the enforcement of all immigration laws.
(c) Relevant Agencies.--The Secretary shall consult with
representatives of relevant agencies with respect to
deliberations under subsection (b), and may include
representative of such agencies in working group
deliberations, as appropriate.
SEC. 408. INFORMATION ON VISA DENIALS REQUIRED TO BE ENTERED
INTO ELECTRONIC DATA SYSTEM.
(a) In General.--Whenever a consular officer of the United
States denies a visa to an applicant, the consular officer
shall enter the fact and the basis of the denial and the name
of the applicant into the interoperable electronic data
system implemented under section 202(a) of the Enhanced
Border Security and Visa Entry Reform Act of 2002 (8 U.S.C.
1722(a)).
(b) Prohibition.--In the case of any alien with respect to
whom a visa has been denied under subsection (a)--
(1) no subsequent visa may be issued to the alien unless
the consular officer considering the alien's visa application
has reviewed the information concerning the alien placed in
the interoperable electronic data system, has indicated on
the alien's application that the information has been
reviewed, and has stated for the record why the visa is being
issued or a waiver of visa ineligibility recommended in spite
of that information; and
(2) the alien may not be admitted to the United States
without a visa issued in accordance with the procedures
described in paragraph (1).
SEC. 409. STUDY ON USE OF FOREIGN NATIONAL PERSONNEL IN VISA
PROCESSING.
The Secretary shall conduct a study on the use of foreign
national personnel in visa processing to determine whether
such uses are consistent with secure visa processing. The
study shall review and make recommendations with respect to--
(1) the effects or possible effects on national security of
the use of foreign national personnel in individual countries
to perform data entry, process visas or visa applications, or
in any way handle visas or visa application documents; and
(2) each United States mission abroad to determine whether
United States consular services performed at the United
States mission require different regulations on the use of
foreign national personnel.
TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE
SEC. 501. UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND
RESPONSE.
There shall be in the Department a Directorate of Emergency
Preparedness and Response headed by an Under Secretary for
Emergency Preparedness and Response.
SEC. 502. RESPONSIBILITIES.
In assisting the Secretary with the responsibilities
specified in section 101(b)(2)(D), the primary
responsibilities of the Under Secretary for Emergency
Preparedness and Response shall include--
(1) helping to ensure the preparedness of emergency
response providers for terrorist attacks, major disasters,
and other emergencies;
(2) with respect to the Nuclear Incident Response Team
(regardless of whether it is operating as an organizational
unit of the Department pursuant to this title)--
(A) establishing standards and certifying when those
standards have been met;
(B) conducting joint and other exercises and training and
evaluating performance; and
(C) providing funds to the Department of Energy and the
Environmental Protection Agency, as appropriate, for homeland
security planning, exercises and training, and equipment;
(3) providing the Federal Government's response to
terrorist attacks and major disasters, including--
(A) managing such response;
(B) directing the Domestic Emergency Support Team, the
Strategic National Stockpile, the National Disaster Medical
System, and (when operating as an organizational unit of the
Department pursuant to this title) the Nuclear Incident
Response Team;
(C) overseeing the Metropolitan Medical Response System;
and
(D) coordinating other Federal response resources in the
event of a terrorist attack or major disaster;
(4) aiding the recovery from terrorist attacks and major
disasters;
(5) building a comprehensive national incident management
system with Federal, State, and local government personnel,
agencies, and authorities, to respond to such attacks and
disasters;
(6) consolidating existing Federal Government emergency
response plans into a single, coordinated national response
plan; and
(7) developing comprehensive programs for developing
interoperative communications technology, and helping to
ensure that emergency response providers acquire such
technology.
SEC. 503. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and
liabilities of the following entities:
(1) The Federal Emergency Management Agency, including the
functions of the Director of the Federal Emergency Management
Agency relating thereto.
(2) The Office for Domestic Preparedness of the Office of
Justice Programs, including the functions of the Attorney
General relating thereto.
(3) The National Domestic Preparedness Office of the
Federal Bureau of Investigation, including the functions of
the Attorney General relating thereto.
(4) The Domestic Emergency Support Teams of the Department
of Justice, including the functions of the Attorney General
relating thereto.
(5) The Office of the Assistant Secretary for Public Health
Emergency Preparedness (including the Office of Emergency
Preparedness, the National Disaster Medical System, and the
Metropolitan Medical Response System) of the Department of
Health and Human Services, including the functions of the
Secretary of Health and Human Services relating thereto.
(6) The Strategic National Stockpile of the Department of
Health and Human Services, including the functions of the
Secretary of Health and Human Services relating thereto.
SEC. 504. NUCLEAR INCIDENT RESPONSE.
(a) In General.--At the direction of the Secretary (in
connection with an actual or threatened terrorist attack,
major disaster, or other emergency), the Nuclear Incident
Response Team shall operate as an organizational unit of the
Department. While so operating, the Nuclear Incident Response
Team shall be subject to the direction, authority, and
control of the Secretary.
(b) Rule of Construction.--Nothing in this title shall be
construed to limit the ordinary responsibility of the
Secretary of Energy and the Administrator of the
Environmental Protection Agency for organizing, training,
equipping, and utilizing their respective entities in the
Nuclear Incident Response Team, or (subject to the provisions
of this title) from exercising direction, authority, and
control over them when they are not operating as a unit of
the Department.
SEC. 505. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED
ACTIVITIES.
(a) In General.--With respect to all public health-related
activities to improve State, local, and hospital preparedness
and response to chemical, biological, radiological, and
nuclear and other emerging terrorist threats carried out by
the Department of Health and
[[Page S9251]]
Human Services (including the Public Health Service), the
Secretary of Health and Human Services shall set priorities
and preparedness goals and further develop a coordinated
strategy for such activities in collaboration with the
Secretary.
(b) Evaluation of Progress.--In carrying out subsection
(a), the Secretary of Health and Human Services shall
collaborate with the Secretary in developing specific
benchmarks and outcome measurements for evaluating progress
toward achieving the priorities and goals described in such
subsection.
SEC. 506. DEFINITION.
In this title, the term ``Nuclear Incident Response Team''
means a resource that includes--
(1) those entities of the Department of Energy that perform
nuclear or radiological emergency support functions
(including accident response, search response, advisory, and
technical operations functions), radiation exposure functions
at the medical assistance facility known as the Radiation
Emergency Assistance Center/Training Site (REAC/TS),
radiological assistance functions, and related functions; and
(2) those entities of the Environmental Protection Agency
that perform such support functions (including radiological
emergency response functions) and related functions.
TITLE VI--MANAGEMENT
SEC. 601. UNDER SECRETARY FOR MANAGEMENT.
There shall be in the Department a Directorate for
Management, headed by an Under Secretary for Management.
SEC. 602. RESPONSIBILITIES.
In assisting the Secretary with the management and
administration of the Department, the primary
responsibilities of the Under Secretary for Management shall
include, for the Department--
(1) the budget, appropriations, expenditures of funds,
accounting, and finance;
(2) procurement;
(3) human resources and personnel;
(4) information technology and communications systems;
(5) facilities, property, equipment, and other material
resources;
(6) security for personnel, information technology and
communications systems, facilities, property, equipment, and
other material resources; and
(7) identification and tracking of performance measures
relating to the responsibilities of the Department.
SEC. 603. CHIEF FINANCIAL OFFICER.
The Chief Financial Officer shall report to the Secretary,
or to another official of the Department, as the Secretary
may direct.
SEC. 604. CHIEF INFORMATION OFFICER.
The Chief Information Officer shall report to the
Secretary, or to another official of the Department, as the
Secretary may direct.
SEC. 605. CHIEF HUMAN CAPITAL OFFICER.
The Chief Human Capital Officer shall report to the
Secretary, or to another official of the Department, as the
Secretary may direct and shall ensure that all employees of
the Department are informed of their rights and remedies
under chapters 12 and 23 of title 5, United States Code, by--
(1) participating in the 2302(c) Certification Program of
the Office of Special Counsel;
(2) achieving certification from the Office of Special
Counsel of the Department's compliance with section 2302(c)
of title 5, United States Code; and
(3) informing Congress of such certification not later than
24 months after the date of enactment of this Act.
TITLE VII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
Subtitle A--Coordination with Non-Federal Entities
SEC. 701. RESPONSIBILITIES.
In discharging his responsibilities relating to
coordination (including the provision of training and
equipment) with State and local government personnel,
agencies, and authorities, with the private sector, and with
other entities, the responsibilities of the Secretary shall
include--
(1) coordinating with State and local government personnel,
agencies, and authorities, and with the private sector, to
ensure adequate planning, equipment, training, and exercise
activities;
(2) coordinating and, as appropriate, consolidating the
Federal Government's communications and systems of
communications relating to homeland security with State and
local government personnel, agencies, and authorities, the
private sector, other entities, and the public;
(3) directing and supervising grant programs of the Federal
Government for State and local government emergency response
providers; and
(4) distributing or, as appropriate, coordinating the
distribution of, warnings and information to State and local
government personnel, agencies, and authorities and to the
public.
Subtitle B--Inspector General
SEC. 710. AUTHORITY OF THE SECRETARY.
(a) In General.--Notwithstanding the last two sentences of
section 3(a) of the Inspector General Act of 1978, the
Inspector General shall be under the authority, direction,
and control of the Secretary with respect to audits or
investigations, or the issuance of subpoenas, that require
access to information concerning--
(1) intelligence, counterintelligence, or counterterrorism
matters;
(2) ongoing criminal investigations or proceedings;
(3) undercover operations;
(4) the identity of confidential sources, including
protected witnesses;
(5) other matters the disclosure of which would, in the
Secretary's judgment, constitute a serious threat to the
protection of any person or property authorized protection by
section 3056 of title 18, United States Code, section 202 of
title 3 of such Code, or any provision of the Presidential
Protection Assistance Act of 1976; or
(6) other matters the disclosure of which would, in the
Secretary's judgment, constitute a serious threat to national
security.
(b) Prohibition of Completion of Audit or Investigation.--
With respect to the information described in subsection (a),
the Secretary may prohibit the Inspector General from
carrying out or completing any audit or investigation, or
from issuing any subpoena, after such Inspector General has
decided to initiate, carry out, or complete such audit or
investigation or to issue such subpoena, if the Secretary
determines that such prohibition is necessary to prevent the
disclosure of any information described in subsection (a), to
preserve the national security, or to prevent a significant
impairment to the interests of the United States.
(c) Notification.--The Secretary shall notify in writing
the President of the Senate, the Speaker of the House of
Representatives, the Committee on Governmental Affairs of the
Senate, the Committee on Government Reform of the House of
Representatives, and other appropriate committees of Congress
within thirty days of any exercise of his authority under
this section stating the reasons for such exercise.
SEC. 711. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS.
(a) In General.--Section 6 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by adding at the end the
following:
``(e)(1) In addition to the authority otherwise provided by
this Act, each Inspector General appointed under section 3,
any Assistant Inspector General for Investigations under such
an Inspector General, and any special agent supervised by
such an Assistant Inspector General may be authorized by the
Attorney General to--
``(A) carry a firearm while engaged in official duties as
authorized under this Act or other statute, or as expressly
authorized by the Attorney General;
``(B) make an arrest without a warrant while engaged in
official duties as authorized under this Act or other
statute, or as expressly authorized by the Attorney General,
for any offense against the United States committed in the
presence of such Inspector General, Assistant Inspector
General, or agent, or for any felony cognizable under the
laws of the United States if such Inspector General,
Assistant Inspector General, or agent has reasonable grounds
to believe that the person to be arrested has committed or is
committing such felony; and
``(C) seek and execute warrants for arrest, search of a
premises, or seizures of evidence issued under the authority
of the United States upon probable cause to believe that a
violation has been committed.
``(2) The Attorney General may authorize exercise of the
powers under this subsection only upon an initial
determination that--
``(A) the affected Office of Inspector General is
significantly hampered in the performance of responsibilities
established by this Act as a result of the lack of such
powers;
``(B) available assistance from other law enforcement
agencies is insufficient to meet the need for such powers;
and
``(C) adequate internal safeguards and management
procedures exist to ensure proper exercise of such powers.
``(3) The Inspector General offices of the Department of
Commerce, Department of Education, Department of Energy,
Department of Health and Human Services, Department of
Homeland Security, Department of Housing and Urban
Development, Department of the Interior, Department of
Justice, Department of Labor, Department of State, Department
of Transportation, Department of the Treasury, Department of
Veterans Affairs, Agency for International Development,
Environmental Protection Agency, Federal Deposit Insurance
Corporation, Federal Emergency Management Agency, General
Services Administration, National Aeronautics and Space
Administration, Nuclear Regulatory Commission, Office of
Personnel Management, Railroad Retirement Board, Small
Business Administration, Social Security Administration, and
the Tennessee Valley Authority are exempt from the
requirement of paragraph (2) of an initial determination of
eligibility by the Attorney General.
``(4) The Attorney General shall promulgate, and revise as
appropriate, guidelines which shall govern the exercise of
the law enforcement powers established under paragraph (1).
``(5) Powers authorized for an Office of Inspector General
under paragraph (1) shall be rescinded or suspended upon a
determination by the Attorney General that any of the
requirements under paragraph (2) is no longer satisfied or
that the exercise of authorized powers by that Office of
Inspector General
[[Page S9252]]
has not complied with the guidelines promulgated by the
Attorney General under paragraph (4).
``(6) A determination by the Attorney General under
paragraph (2) or (5) shall not be reviewable in or by any
court.
``(7) To ensure the proper exercise of the law enforcement
powers authorized by this subsection, the Offices of
Inspector General described under paragraph (3) shall, not
later than 180 days after the date of enactment of this
subsection, collectively enter into a memorandum of
understanding to establish an external review process for
ensuring that adequate internal safeguards and management
procedures continue to exist within each Office and within
any Office that later receives an authorization under
paragraph (2). The review process shall be established in
consultation with the Attorney General, who shall be provided
with a copy of the memorandum of understanding that
establishes the review process. Under the review process, the
exercise of the law enforcement powers by each Office of
Inspector General shall be reviewed periodically by another
Office of Inspector General or by a committee of Inspectors
General. The results of each review shall be communicated in
writing to the applicable Inspector General and to the
Attorney General.
``(8) No provision of this subsection shall limit the
exercise of law enforcement powers established under any
other statutory authority, including United States Marshals
Service special deputation.''.
(b) Promulgation of Initial Guidelines.--
(1) Definition.--In this subsection, the term ``memoranda
of understanding'' means the agreements between the
Department of Justice and the Inspector General offices
described under section 6(e)(3) of the Inspector General Act
of 1978 (5 U.S.C. App.) (as added by subsection (a) of this
section) that--
(A) are in effect on the date of enactment of this Act; and
(B) authorize such offices to exercise authority that is
the same or similar to the authority under section 6(e)(1) of
such Act.
(2) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall promulgate
guidelines under section 6(e)(4) of the Inspector General Act
of 1978 (5 U.S.C. App.) (as added by subsection (a) of this
section) applicable to the Inspector General offices
described under section 6(e)(3) of that Act.
(3) Minimum requirements.--The guidelines promulgated under
this subsection shall include, at a minimum, the operational
and training requirements in the memoranda of understanding.
(4) No lapse of authority.--The memoranda of understanding
in effect on the date of enactment of this Act shall remain
in effect until the guidelines promulgated under this
subsection take effect.
(c) Effective Dates.--
(1) In general.--Subsection (a) shall take effect 180 days
after the date of enactment of this Act.
(2) Initial guidelines.--Subsection (b) shall take effect
on the date of enactment of this Act.
Subtitle C--United States Secret Service
SEC. 720. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and
liabilities of the United States Secret Service, which shall
be maintained as a distinct entity within the Department,
including the functions of the Secretary of the Treasury
relating thereto.
Subtitle D--General Provisions
SEC. 730. ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT SYSTEM.
(a) Authority.--
(1) Sense of congress.--It is the sense of Congress that--
(A) it is extremely important that employees of the
Department be allowed to participate in a meaningful way in
the creation of any human resources management system
affecting them;
(B) such employees have the most direct knowledge of the
demands of their jobs and have a direct interest in ensuring
that their human resources management system is conducive to
achieving optimal operational efficiencies;
(C) the 21st century human resources management system
envisioned for the Department should be one that benefits
from the input of its employees; and
(D) this collaborative effort will help secure our
homeland.
(2) In general.--Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following:
``CHAPTER 97--DEPARTMENT OF HOMELAND SECURITY
``Sec.
``9701. Establishment of human resources management system.
``Sec. 9701. Establishment of human resources management
system
``(a) In General.--Notwithstanding any other provision of
this part, the Secretary may, in regulations prescribed
jointly with the Director of the Office of Personnel
Management, establish, and from time to time adjust, a human
resources management system for some or all of the
organizational units of the Department.
``(b) System Requirements.--Any system established under
subsection (a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of merit and fitness
set forth in section 2301, including the principles of hiring
based on merit, fair treatment without regard to political
affiliation or other nonmerit considerations, equal pay for
equal work, and protection of employees against reprisal for
whistleblowing;
``(B) any provision of section 2302, relating to prohibited
personnel practices;
``(C)(i) any provision of law referred to in section
2302(b)(1); or
``(ii) any provision of law implementing any provision of
law referred to in section 2302(b)(1) by--
``(I) providing for equal employment opportunity through
affirmative action; or
``(II) providing any right or remedy available to any
employee or applicant for employment in the civil service;
``(D) any other provision of this part (as described in
subsection (c)); or
``(E) any rule or regulation prescribed under any provision
of law referred to in any of the preceding subparagraphs of
this paragraph;
``(4) ensure that employees may organize, bargain
collectively, and participate through labor organizations of
their own choosing in decisions which affect them, subject to
any exclusion from coverage or limitation on negotiability
established by law; and
``(5) permit the use of a category rating system for
evaluating applicants for positions in the competitive
service.
``(c) Other Nonwaivable Provisions.--The other provisions
of this part as referred to in subsection (b)(3)(D), are (to
the extent not otherwise specified in subparagraph (A), (B),
(C), or (D) of subsection (b)(3))--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and 79, and
this chapter.
``(d) Limitations Relating to Pay.--Nothing in this section
shall constitute authority--
``(1) to modify the pay of any employee who serves in--
``(A) an Executive Schedule position under subchapter II of
chapter 53 of title 5, United States Code; or
``(B) a position for which the rate of basic pay is fixed
in statute by reference to a section or level under
subchapter II of chapter 53 of such title 5;
``(2) to fix pay for any employee or position at an annual
rate greater than the maximum amount of cash compensation
allowable under section 5307 of such title 5 in a year; or
``(3) to exempt any employee from the application of such
section 5307.
``(e) Provisions To Ensure Collaboration With Employee
Representatives.--
``(1) In general.--In order to ensure that the authority of
this section is exercised in collaboration with, and in a
manner that ensures the direct participation of employee
representatives in the planning development, and
implementation of any human resources management system or
adjustments under this section, the Secretary and the
Director of the Office of Personnel Management shall provide
for the following:
``(A) Notice of proposal.-- The Secretary and the Director
shall, with respect to any proposed system or adjustment--
``(i) provide to each employee representative representing
any employees who might be affected, a written description of
the proposed system or adjustment (including the reasons why
it is considered necessary);
``(ii) give each representative at least 60 days (unless
extraordinary circumstances require earlier action) to review
and make recommendations with respect to the proposal; and
``(iii) give any recommendations received from any such
representatives under clause (ii) full and fair consideration
in deciding whether or how to proceed with the proposal.
``(B) Preimplementation requirements.--If the Secretary and
the Director decide to implement a proposal described in
subparagraph (A), they shall before implementation--
``(i) give each representative details of the decision to
implement the proposal, together with the information upon
which the decision is based;
``(ii) give each representative an opportunity to make
recommendations with respect to the proposal; and
``(iii) give such recommendation full and fair
consideration, including the providing of reasons to an
employee representative if any of its recommendations are
rejected.
``(C) Continuing collaboration.--If a proposal described in
subparagraph (A) is implemented, the Secretary and the
Director shall--
``(i) develop a method for each employee representative to
participate in any further planning or development which
might become necessary; and
``(ii) give each employee representative adequate access to
information to make that participation productive.
``(2) Procedures.--Any procedures necessary to carry out
this subsection shall be established by the Secretary and the
Director jointly. Such procedures shall include measures to
ensure--
``(A) in the case of employees within a unit with respect
to which a labor organization is accorded exclusive
recognition, representation by individuals designated or from
among individuals nominated by such organization;
``(B) in the case of any employees who are not within such
a unit, representation by
[[Page S9253]]
any appropriate organization which represents a substantial
percentage of those employees or, if none, in such other
manner as may be appropriate, consistent with the purposes of
the subsection; and
``(C) the selection of representatives in a manner
consistent with the relative number of employees represented
by the organizations or other representatives involved.
``(f) Provisions Relating to Appellate Procedures.--
(1) Sense of congress.--It is the sense of Congress that--
``(A) employees of the Department are entitled to fair
treatment in any appeals that they bring in decisions
relating to their employment; and
``(B) in prescribing regulations for any such appeals
procedures, the Secretary and the Director of the Office of
Personnel Management--
``(i) should ensure that employees of the Department are
afforded the protections of due process; and
``(ii) toward that end, should be required to consult with
the Merit Systems Protection Board before issuing any such
regulations.
``(2) Requirements.--Any regulations under this section
which relate to any matters within the purview of chapter
77--
``(A) shall be issued only after consultation with the
Merit Systems Protection Board;
``(B) shall ensure the availability of procedures which
shall--
``(i) be consistent with requirements of due process; and
``(ii) provide, to the maximum extent practicable, for the
expeditious handling of any matters involving the Department;
and
``(C) shall modify procedures under chapter 77 only insofar
as such modifications are designed to further the fair,
efficient, and expeditious resolution of matters involving
the employees of the Department.
``(g) Sunset Provision.--Effective 5 years after the
conclusion of the transition period defined under section 801
of the Homeland Security Act of 2002, all authority to issue
regulations under this section (including regulations which
would modify, supersede, or terminate any regulations
previously issued under this section) shall cease to be
available.''.
(3) Clerical amendment.--The table of chapters for part III
of title 5, United States Code, is amended by adding at the
end of the following:
``97. Department of Homeland Security.......................9701''.....
(b) Effect on Personnel.--
(1) Nonseparation or nonreduction in grade or compensation
of full-time personnel and part-time personnel holding
permanent positions.--Except as otherwise provided in this
Act, the transfer pursuant to this act of full-time personnel
(except special Government employees) and part-time personnel
holding permanent positions shall not cause any such employee
to be separated or reduced in grade or compensation for one
year after the date of transfer to the Department.
(2) Positions compensated in accordance with executive
schedule.--Any person who, on the day preceding such person's
date of transfer pursuant to this Act, held a position
compensated in accordance with the Executive Schedule
prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in the
Department to a position having duties comparable to the
duties performed immediately preceding such appointment shall
continue to be compensated in such new position at not less
than the rate provided for such position, for the duration of
the service of such person in such new position.
(3) Coordination rule.--Any exercise of authority under
chapter 97 of title 5, United States Code (as amended by
subsection (a)), including under any system established under
such chapter, shall be in conformance with the requirements
of this subsection.
SEC. 731. LABOR-MANAGEMENT RELATIONS.
(a) Limitation on Exclusionary Authority.--
(1) In general.--No agency or subdivision of an agency
which is transferred to the Department pursuant to this Act
shall be excluded from the coverage of chapter 71 of title 5,
United States Code, as a result of any order issued under
section 7103(b)(1) of such title 5 after June 18, 2002,
unless--
(A) the mission and responsibilities of the agency (or
subdivision) materially change; and
(B) a majority of the employees within such agency (or
subdivision) have as their primary duty intelligence,
counterintelligence, or investigative work directly related
to terrorism investigation.
(2) Exclusions allowable.--Nothing in paragraph (1) shall
affect the effectiveness of any order to the extent that such
order excludes any portion of an agency or subdivision of an
agency as to which--
(A) recognition as an appropriate unit has never been
conferred for purposes of chapter 71 of such title 5; or
(B) any such recognition has been revoked or otherwise
terminated as a result of a determination under subsection
(b)(1).
(b) Provisions Relating to Bargaining Units.--
(1) Limitation relating to appropriate units.--Each unit
which is recognized as an appropriate unit for purposes of
chapter 71 of title 5, United States Code, as of the day
before the effective date of this Act (and any subdivision of
any such unit) shall, if such unit (or subdivision) is
transferred to the Department pursuant to this Act, continue
to be so recognized for such purposes, unless--
(A) the mission and responsibilities of such unit (or
subdivision) materially change; and
(B) a majority of the employees within such unit (or
subdivision) have as their primary duty intelligence,
counterintelligence, or investigative work directly related
to terrorism investigation.
(2) Limitation relating to positions or employees.--No
position or employee within a unit (or subdivision of a unit)
as to which continued recognition is given in accordance with
paragraph (1) shall be excluded from such unit (or
subdivision), for purposes of chapter 71 of such title 5,
unless the primary job duty of such position or employee--
(A) materially changes; and
(B) consists of intelligence, counterintelligence, or
investigative work directly related to terrorism
investigation.
In the case of any positions within a unit (or subdivision)
which are first established on or after the effective date of
this Act and any employee first appointed on or after such
date, the preceding sentence shall be applied disregarding
subparagraph (A).
(c) Homeland Security.--Subsection (a), (b), and (d) of
this section shall not apply in circumstances where the
President determines in writing that such application would
have a substantial adverse impact on the Department's ability
to protect homeland security. Whenever the President makes a
determination specified under this subsection, the President
shall notify the Senate and the House of Representatives of
the reasons for such determination not less than 10 days
prior to its issuance.
(d) Coordination Rule.--No other provision of this Act or
of any amendment made by this Act may be construed or applied
in a manner so as to limit, supersede, or otherwise affect
the provisions of this section, except to the extent that it
does so by specific reference to this section.
SEC. 732. ADVISORY COMMITTEES.
The Secretary may establish, appoint members of, and use
the services of, advisory committees, as the Secretary may
deem necessary. An advisory committee established under this
section may be exempted by the Secretary from Public Law 92-
463, but the Secretary shall publish notice in the Federal
Register announcing the establishment of such a committee and
identifying its purpose and membership. Notwithstanding the
preceding sentence, members of an advisory committee that is
exempted by the Secretary under the preceding sentence who
are special Government employees (as that term is defined in
section 202 of title 18, United States Code) shall be
eligible for certifications under subsection (b)(3) of
section 208 of title 18, United States Code, for official
actions taken as a member of such advisory committee.
SEC. 733. ACQUISITIONS.
(a) Research and Development Projects.--
(1) In general.--When the Secretary carries out basic,
applied, and advanced research and development projects, he
may exercise the same authority (subject to the same
limitations and conditions) with respect to such research and
projects as the Secretary of Defense may exercise under
section 2371 of title 10, United States Code (except for
subsections (b) and (f)), after making a determination that
the use of a contract, grant, or cooperative agreement for
such project is not feasible or appropriate. The annual
report required under subsection (h) of such section, as
applied to the Secretary by this paragraph, shall be
submitted to the President of the Senate and the Speaker of
the House of Representatives.
(2) Prototype projects.--The Secretary may, under the
authority of paragraph (1), carry out prototype projects in
accordance with the requirements and conditions provided for
carrying out prototype projects under section 845 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160). In applying the authorities of that
section 845, subsection (c) of that section shall apply with
respect to prototype projects under this paragraph, and the
Secretary shall perform the functions of the Secretary of
Defense under subsection (d) thereof.
(b) Procurement of Temporary and Intermittent Services.--
The Secretary may--
(1) procure the temporary or intermittent services of
experts or consultants (or organizations thereof) in
accordance with section 3109(b) of title 5, United States
Code; and
(2) whenever necessary due to an urgent homeland security
need, procure temporary (not to exceed 1 year) or
intermittent personal services, including the services of
experts or consultants (or organizations thereof), without
regard to the pay limitations of such section 3109.
SEC. 734. REORGANIZATION AUTHORITY.
(a) Reorganization Plan.--
(1) In general.--Whenever the President determines that
changes in the organization of the Department are necessary
to carry out any policy set forth in this Act, the President
shall prepare a reorganization plan specifying the
reorganizations that the President determines are necessary.
Any such plan may provide for--
(A) the transfer of the whole or a part of an agency, or of
the whole or a part of the functions thereof, to the
jurisdiction and control of the Department;
[[Page S9254]]
(B) the transfer of the whole or a part of an agency, or of
the whole or a part of the functions thereof, from the
Department;
(C) the abolition of all or a part of an agency within the
Department;
(D) the creation of a new agency or a new part of an agency
within the Department; or
(E) the consolidation or coordination of the whole or a
part of an agency within the Department, or of the whole or a
part of the functions thereof, with the whole or a part of
another agency within the Department.
(2) Transmittal.--
(A) In general.--The President shall transmit the
reorganization plan to Congress together with the declaration
that, with respect to each organization included in the plan,
the President has found that the reorganization is necessary
to carry out any policy set forth in this Act.
(B) Timing.--The reorganization plan shall be delivered to
both Houses on the same day and to each House while it is in
session, except that no more than 2 plans may be pending
before Congress at 1 time.
(3) Content.--
(A) In general.--The transmittal message of the
reorganization plan shall--
(i) specify with respect to each abolition of a function
included in the plan the statutory authority for the exercise
of the function;
(ii) include an estimate of any reduction or increase in
expenditures (itemized so far as practicable);
(iii) include detailed information addressing the impacts
of the reorganization on the employees of any agency affected
by the plan, and what steps will be taken to mitigate any
impacts of the plan on the employees of the agency;
(iv) describe any improvements in management, delivery of
Federal services, execution of the laws, and increases in
efficiency of Government operations, which it is expected
will be realized as a result of the reorganizations included
in the plan; and
(v) in the case of a transfer to or from the Department,
address the impact of the proposed transfer on the ability of
the affected agency to carry out its other functions and to
accomplish its missions.
(B) Implementation.--In addition, the transmittal message
shall include an implementation section which shall--
(i) describe in detail--
(I) the actions necessary or planned to complete the
reorganization; and
(II) the anticipated nature and substance of any orders,
directives, and other administrative and operations actions
which are expected to be required for completing or
implementing the reorganization; and
(ii) contain a projected timetable for completion of the
implementation process.
(C) Background information.--The President shall also
submit such further background or other information as
Congress may require for its consideration of the plan.
(4) Amendments to plan.--Any time during the period of 60
calendar days of continuous session of Congress after the
date on which the plan is transmitted to it, but before any
resolution has been ordered reported in either House, the
President, or the designee of the President, may make
amendments or modifications to the plan, which modifications
or revisions shall thereafter be treated as a part of the
reorganization plan originally transmitted and shall not
affect in any way the time limits otherwise provided for in
this section. The President, or the designee of the
President, may withdraw the plan any time prior to the
conclusion of 90 calendar days of continuous session of
Congress following the date on which the plan is submitted to
Congress.
(b) Additional Contents of Reorganization Plan.--A
reorganization plan--
(1) may change the name of an agency affected by a
reorganization and the title of its head, and shall designate
the name of an agency resulting from a reorganization and the
title of its head;
(2) may provide for the appointment and pay of the head and
1 or more officers of any agency (including an agency
resulting from a consolidation or other type of
reorganization) if the message transmitting the plan
declares, that by reason of a reorganization made by the plan
the provisions are necessary;
(3) shall provide for the transfer or other disposition of
the records, property, and personnel affected by a
reorganization;
(4) shall provide for the transfer of such unexpended
balances of appropriations, and of other funds, available for
use in connection with a function or agency affected by a
reorganization, as necessary by reason of the reorganization
for use in connection with the functions affected by the
reorganization, or for the use of the agency which shall have
the functions after the reorganization plan is effective; and
(5) shall provide for terminating the affairs of an agency
abolished.
A reorganization plan containing provisions authorized by
paragraph (2) may provide that the head of an agency be an
individual or a commission or board with more than 1 member.
In the case of an appointment of the head of such an agency,
the term of office may not be fixed at more than 4 years, the
pay may not be at a rate in excess of that found to be
applicable to comparable officers in the executive branch, by
and with the advice and consent of the Senate. Any
reorganization plan containing provisions required by
paragraph (4) shall provide for the transfer of unexpended
balances only if such balances are used for the purposes for
which the appropriation was originally made.
(c) Effective Date and Publication of Reorganization
Plans.--
(1) Effective date.--Except as provided under paragraph
(3), a reorganization plan shall be effective upon approval
by the President of a resolution (as defined in subsection
(f)) with respect to such plan, only if such resolution is
passed by the House of Representatives and the Senate, within
the first period of 90 calendar days of continuous session of
Congress after the date on which the plan is transmitted to
Congress.
(2) Session of congress.--For the purpose of this chapter--
(A) continuity of session is broken only by an adjournment
of Congress sine die; and
(B) the days on which either House is not in session
because of an adjournment of more than 3 days to a day
certain are excluded in the computation of any period of time
in which Congress is in continuous session.
(3) Later effective date.--Under provisions contained in a
reorganization plan, any provision thereof may be effective
at a time later than the date on which the plan otherwise is
effective.
(4) Publication of plan.--A reorganization plan which is
effective shall be printed--
(A) in the Statutes at Large in the same volume as the
public laws; and
(B) in the Federal Register.
(d) Effect On Other Laws; Pending Legal Proceedings.--
(1) Effect on laws.--
(A) Definition.--In this paragraph, the term ``regulation
or other action'' means a regulation, rule, order, policy,
determination, directive, authorization, permit, privilege,
requirement, designation, or other action.
(B) Effect.--A statute enacted, and a regulation or other
action made, prescribed, issued, granted, or performed in
respect of or by an agency or function affected by a
reorganization under this section, before the effective date
of the reorganization, has, except to the extent rescinded,
modified, superseded, or made inapplicable by or under
authority of law or by the abolition of a function, the same
effect as if the reorganization had not been made. However,
if the statute, regulation, or other action has vested the
functions in the agency from which it is removed under the
reorganization plan, the function, insofar as it is to be
exercised after the plan becomes effective, shall be deemed
as vested in the agency under which the function is placed in
the plan.
(2) Pending legal proceedings.--A suit, action, or other
proceeding lawfully commenced by or against the head of an
agency or other officer of the United States, in the
officer's official capacity or in relation to the discharge
of the officer's official duties, does not abate by reason of
the taking effect of a reorganization plan under this
section. On motion or supplemental petition filed at any time
within 12 months after the reorganization plan takes effect,
showing a necessity for a survival of the suit, action, or
other proceeding to obtain a settlement of the questions
involved, the court may allow the suit, action, or other
proceeding to be maintained by or against the successor of
the head or officer under the reorganization effected by the
plan or, if there is no successor, against such agency or
officer as the President designates.
(e) Rules of Senate and House of Representatives On
Reorganization Plans.--Subsections (f) through (i) are
enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they are deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of
resolutions with respect to any reorganization plans
transmitted to Congress (in accordance with subsection (a)(3)
of this section); and they supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to
the procedure of that House) at any time, in the same manner
and to the same extent as in the case of any other rule of
that House.
(f) Terms of Resolution.--For the purposes of subsections
(e) through (i), ``resolution'' means only a joint resolution
of Congress, the matter after the resolving clause of which
is as follows: ``That Congress approves the reorganization
plan transmitted to Congress by the President on
____________, 20____.'', and includes such modifications and
revisions as are submitted by the President under subsection
(a)(4). The blank spaces therein are to be filled
appropriately. The term does not include a resolution which
specifies more than 1 reorganization plan.
(g) Introduction and Reference of Resolution.--
(1) Introduction.--No later than the first day of session
following the day on which a reorganization plan is
transmitted to the House of Representatives and the Senate
under subsection (a), a resolution, as defined in subsection
(f), shall be--
(A) introduced (by request) in the House by the chairman of
the Government Reform Committee of the House, or by a Member
or Members of the House designated by such chairman; and
(B) introduced (by request) in the Senate by the chairman
of the Governmental Affairs Committee of the Senate, or by a
Member or Members of the Senate designated by such chairman.
[[Page S9255]]
(2) Referral.--A resolution with respect to a
reorganization plan shall be referred to the Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform of the House (and all resolutions with
respect to the same plan shall be referred to the same
committee) by the President of the Senate or the Speaker of
the House of Representatives, as the case may be. The
committee shall make its recommendations to the House of
Representatives or the Senate, respectively, within 75
calendar days of continuous session of Congress following the
date of such resolution's introduction.
(h) Discharge of Committee Considering Resolution.--If the
committee to which is referred a resolution introduced
pursuant to subsection (g)(1) has not reported such a
resolution or identical resolution at the end of 75 calendar
days of continuous session of Congress after its
introduction, such committee shall be deemed to be discharged
from further consideration of such resolution and such
resolution shall be placed on the appropriate calendar of the
House involved.
(i) Procedure After Report or Discharge of Committees;
Debate; Vote on Final Passage.--
(1) Procedure.--When the committee has reported, or has
been deemed to be discharged (under subsection (h)) from
further consideration of, a resolution with respect to a
reorganization plan, it is at any time thereafter in order
(even though a previous motion to the same effect has been
disagreed to) for any Member of the respective House to move
to proceed to the consideration of the resolution. The motion
is highly privileged and is not debatable. The motion shall
not be subject to amendment, or to any motion to postpone, or
a motion to proceed to the consideration of other business. A
motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order. If a motion to
proceed to the consideration of the resolution is agreed to,
the resolution shall remain the unfinished business of the
respective House until disposed of.
(2) Debate.--Debate on the resolution, and on all debatable
motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally
between individuals favoring and individuals opposing the
resolution. A motion further to limit debate is in order and
not debatable. An amendment to, or a motion to recommit the
resolution is not in order. A motion to reconsider the vote
by which the resolution is passed or rejected shall not be in
order.
(3) Vote on final passage.--Immediately following the
conclusion of the debate on the resolution with respect to a
reorganization plan, and a single quorum call at the
conclusion of the debate if requested in accordance with the
rules of the appropriate House, the vote on final passage of
the resolution shall occur.
(4) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate or the
House of Representatives, as the case may be, to the
procedure relating to a resolution with respect to a
reorganization plan shall be decided without debate.
(5) Prior passage.--If, prior to the passage by 1 House of
a resolution of that House, that House receives a resolution
with respect to the same reorganization plan from the other
House, then--
(A) the procedure in that House shall be the same as if no
resolution had been received from the other House; but
(B) the vote on final passage shall be on the resolution of
the other House.
SEC. 735. MISCELLANEOUS PROVISIONS.
(a) Seal.--The Department shall have a seal, whose design
is subject to the approval of the President.
(b) Participation of Members of the Armed Forces.--With
respect to the Department, the Secretary shall have the same
authorities that the Secretary of Transportation has with
respect to the Department of Transportation under section 324
of title 49, United States Code.
(c) Redelegation of Functions.--Unless otherwise provided
in the delegation or by law, any function delegated under
this Act may be redelegated to any subordinate.
SEC. 736. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
SEC. 737. REGULATORY AUTHORITY.
Except as specifically provided in this Act, this Act vests
in the Secretary or any other Federal official, and transfers
to the Secretary or another Federal official only such
regulatory authority as exists on the date of enactment of
this Act within any agency, program, or function transferred
to the Department pursuant to this Act, or that on such date
of enactment is exercised by another official of the
executive branch with respect to such agency, program, or
function. Any such transferred authority may not be exercised
by an official from whom it is transferred upon transfer of
such agency, program, or function to the Secretary or another
Federal official pursuant to this Act. This Act does not
alter or diminish the regulatory authority of any other
executive agency, except to the extent that this Act
transfers such authority from the agency.
SEC. 738. USE OF APPROPRIATED FUNDS.
(a) Applicability of This Section.--Notwithstanding any
other provision of this Act or any other law, this section
shall apply to the use of any funds, disposal of property,
and acceptance, use, and disposal of gifts, or donations of
services or property, of, for, or by the Department,
including any agencies, entities, or other organizations
transferred to the Department under this Act.
(b) Authorization of Appropriations To Create Department.--
There is authorized to be appropriated $160,000,000 for the
Office of Homeland Security in the Executive Office of the
President to be transferred without delay to the Department
upon its creation by enactment of this Act, notwithstanding
subsection (c)(1)(C) such funds shall be available only for
the payment of necessary salaries and expenses associated
with the initiation of operations of the Department.
(c) Use of Transferred Funds.--
(1) In general.--Except as may be provided in this
subsection or in an appropriations Act in accordance with
subsection (e), balances of appropriations and any other
funds or assets transferred under this Act--
(A) shall be available only for the purposes for which they
were originally available;
(B) shall remain subject to the same conditions and
limitations provided by the law originally appropriating or
otherwise making available the amount, including limitations
and notification requirements related to the reprogramming of
appropriated funds; and
(C) shall not be used to fund any new position established
under this Act.
(2) Transfer of funds.--
(A) In general.--After the creation of the Department and
the swearing in of its Secretary, and upon determination by
the Secretary that such action is necessary in the national
interest, the Secretary is authorized to transfer, with the
approval of the Office of Management and Budget, not to
exceed $140,000,000 of unobligated funds from organizations
and entities transferred to the new Department by this Act.
(B) Limitation.--Notwithstanding paragraph (1)(C), funds
authorized to be transferred by subparagraph 2(A) shall be
available only for payment of necessary costs, including
funding of new positions, for the initiation of operations of
the Department and may not be transferred unless the
Committees on Appropriations are notified at least 15 days in
advance of any proposed transfer and have approved such
transfer in advance.
(C) Notification.--The notification required in
subparagraph 2(B) shall include a detailed justification of
the purposes for which the funds are to be used and a
detailed statement of the impact on the program or
organization that is the source of the funds, and shall be
submitted in accordance with reprogramming procedures to be
established by the Committees on Appropriations.
(D) Use for other items.--The authority to transfer funds
established in this section may not be used unless for higher
priority items, based on demonstrated homeland security
requirements, than those for which funds originally were
appropriated and in no case where the item for which funds
are requested has been denied by Congress.
(d) Notification Regarding Transfers.--The President shall
notify Congress not less than 15 days before any transfer of
appropriations balances, other funds, or assets under this
Act.
(e) Additional Uses of Funds During Transition.--Subject to
subsections (c) and (d), amounts transferred to, or otherwise
made available to, the Department may be used during the
transition period, as defined in section 801(2), for purposes
in addition to those for which such amounts were originally
available (including by transfer among accounts of the
Department), but only to the extent such transfer or use is
specifically permitted in advance in an appropriations Act
and only under the conditions and for the purposes specified
in such appropriations Act.
(f) Disposal of Property.--
(1) Strict compliance.--If specifically authorized to
dispose of real property in this or any other Act, the
Secretary shall exercise this authority in strict compliance
with section 204 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 485).
(2) Deposit of proceeds.--The Secretary shall deposit the
proceeds of any exercise of property disposal authority into
the miscellaneous receipts of the Treasury in accordance with
section 3302(b) of title 31, United States Code.
(g) Gifts.--Gifts or donations of services or property of
or for the Department may not be accepted, used, or disposed
of unless specifically permitted in advance in an
appropriations Act and only under the conditions and for the
purposes specified in such appropriations Act.
(h) Budget Request.--Under section 1105 of title 31, United
States Code, the President shall submit to Congress a
detailed budget request for the Department for fiscal year
2004, and for each subsequent fiscal year.
SEC. 739. FUTURE YEARS HOMELAND SECURITY PROGRAM.
(a) In General.--Each budget request submitted to Congress
for the Department under section 1105 of title 31, United
States Code, shall, at or about the same time, be accompanied
by a Future Years Homeland Security Program.
(b) Contents.--The Future Years Homeland Security Program
under subsection (a) shall be structured, and include the
same type of information and level of detail, as
[[Page S9256]]
the Future Years Defense Program submitted to Congress by the
Department of Defense under section 221 of title 10, United
States Code.
(c) Effective Date.--This section shall take effect with
respect to the preparation and submission of the fiscal year
2005 budget request for the Department and for any subsequent
fiscal year, except that the first Future Years Homeland
Security Program shall be submitted not later than 90 days
after the Department's fiscal year 2005 budget request is
submitted to Congress.
SEC. 739A. BIOTERRORISM PREPAREDNESS AND RESPONSE DIVISION.
Section 319D of the Public Health Service Act (42 U.S.C.
2472-4) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b), the following:
``(c) Bioterrorism Preparedness and Response Division.--
``(1) Establishment.--There is established within the
Office of the Director of the Centers for Disease Control and
Prevention a Bioterrorism Preparedness and Response Division
(in this subsection referred to as the `Division').
``(2) Mission.--The Division shall have the following
primary missions:
``(A) To lead and coordinate the activities and
responsibilities of the Centers for Disease Control and
Prevention with respect to countering bioterrorism.
``(B) To coordinate and facilitate the interaction of
Centers for Disease Control and Prevention personnel with
personnel from the Department of Homeland Security and, in so
doing, serve as a major contact point for 2-way
communications between the jurisdictions of homeland security
and public health.
``(C) To train and employ a cadre of public health
personnel who are dedicated full-time to the countering of
bioterrorism.
``(3) Responsibilities.--In carrying out the mission under
paragraph (2), the Division shall assume the responsibilities
of and budget authority for the Centers for Disease Control
and Prevention with respect to the following programs:
``(A) The Bioterrorism Preparedness and Response Program.
``(B) The Strategic National Stockpile.
``(C) Such other programs and responsibilities as may be
assigned to the Division by the Director of the Centers for
Disease Control and Prevention.
``(4) Director.--There shall be in the Division a Director,
who shall be appointed by the Director of the Centers for
Disease Control and Prevention, in consultation with the
Secretary of Health and Human Services and the Secretary of
Homeland Security.
``(5) Staffing.--Under agreements reached between the
Director of the Centers for Disease Control and Prevention
and the Secretary of Homeland Security--
``(A) the Division may be staffed, in part, by personnel
assigned from the Department of Homeland Security by the
Secretary of Homeland Security; and
``(B) the Director of the Centers for Disease Control and
Prevention may assign some personnel from the Division to the
Department of Homeland Security.''.
SEC. 739B. COORDINATION WITH THE DEPARTMENT OF HEALTH AND
HUMAN SERVICES UNDER THE PUBLIC HEALTH SERVICE
ACT.
(a) In General.--The annual Federal response plan developed
by the Secretary under sections 102(b)(14) and 134(b)(7)
shall be consistent with section 319 of the Public Health
Service Act (42 U.S.C. 247d).
(b) Disclosures Among Relevant Agencies.--
(1) In general.--Full disclosure among relevant agencies
shall be made in accordance with this subsection.
(2) Public health emergency.--During the period in which
the Secretary of Health and Human Services has declared the
existence of a public health emergency under section 319(a)
of the Public Health Service Act (42 U.S.C. 247d(a)), the
Secretary of Health and Human Services shall keep relevant
agencies, including the Department of Homeland Security, the
Department of Justice, and the Federal Bureau of
Investigation, fully and currently informed.
(3) Potential public health emergency.--In cases involving,
or potentially involving, a public health emergency, but in
which no determination of an emergency by the Secretary of
Health and Human Services under section 319(a) of the Public
Health Service Act (42 U.S.C. 247d(a)), has been made, all
relevant agencies, including the Department of Homeland
Security, the Department of Justice, and the Federal Bureau
of Investigation, shall keep the Secretary of Health and
Human Services and the Director of the Centers for Disease
Control and Prevention fully and currently informed.
Subtitle E--Risk Sharing and Indemnification for Contractors Supplying
Anti-Terrorism Technology and Services
SEC. 741. APPLICATION OF INDEMNIFICATION AUTHORITY.
(a) In General.--The President may exercise the
discretionary authority to indemnify contractors and
subcontractors under Public Law 85-804 (50 U.S.C. 1431 et
seq.) for a procurement of an anti-terrorism technology or an
anti-terrorism service for the purpose of preventing,
detecting, identifying, otherwise deterring, or recovering
from acts of terrorism.
(b) Exercise of Authority.--In exercising the authority
under subsection (a), the President may include, among other
things--
(1) economic damages not fully covered by private liability
insurance within the scope of the losses or damages of the
indemnification coverage;
(2) a requirement that an indemnification provision
included in a contract or subcontract be negotiated prior to
the commencement of the performance of the contract;
(3) the coverage of information technology used to prevent,
detect, identify, otherwise deter, or recover from acts of
terrorism; and
(4) the coverage of the United States Postal Service.
SEC. 742. APPLICATION OF INDEMNIFICATION AUTHORITY TO STATE
AND LOCAL GOVERNMENT CONTRACTORS.
(a) In General.--Subject to the limitations of subsection
(b), the President may exercise the discretionary authority
to indemnify contractors and subcontractors under Public Law
85-804 (50 U.S.C. 1431 et seq.) for a procurement by a State
or unit of local government of an anti-terrorism technology
or an anti-terrorism service for the purpose of preventing,
detecting, identifying, otherwise deterring, or recovering
from acts of terrorism.
(b) Exercise of Authority.--The authority of subsection (a)
may be exercised only--
(1) for procurements of a State or unit of local government
that are made by the Secretary under contracts awarded by the
Secretary pursuant to the authorities of section 743;
(2) with written approval from the Secretary, or any other
official designated by the President, for each procurement in
which indemnification is to be provided; and
(3) with respect to--
(A) amounts of losses or damages not fully covered by
private liability insurance and State or local government-
provided indemnification; and
(B) liabilities arising out of other than the contractor's
willful misconduct or lack of good faith.
SEC. 743. PROCUREMENTS OF ANTI-TERRORISM TECHNOLOGIES AND
ANTI-TERRORISM SERVICES BY STATE AND LOCAL
GOVERNMENTS THROUGH FEDERAL CONTRACTS.
(a) In General.--
(1) Establishment of program.--The Secretary shall
establish a program under which States and units of local
government may procure through contracts entered into by the
Secretary anti-terrorism technology or an anti-terrorism
service for the purpose of preventing, detecting,
identifying, otherwise deterring, or recovering from acts of
terrorism.
(2) Authorities.--For the sole purposes of this program,
the Secretary may, but shall not be required to, award
contracts using the same authorities provided to the
Administrator of General Services under section 309(b)(3) of
the Federal Property and Administrative Services Act, 41
U.S.C. 259(b)(3).
(3) Offers not required to state and local governments.--A
contractor that sells anti-terrorism technology or anti-
terrorism services to the Federal Government shall not be
required to offer such technology or services to a State or
unit of local government.
(b) Responsibilities of the Secretary.--In carrying out the
program established by this section, the Secretary shall--
(1) produce and maintain a catalog of anti-terrorism
technologies and anti-terrorism services suitable for
procurement by States and units of local government under
this program; and
(2) establish procedures in accordance with subsection (c)
to address the procurement of anti-terrorism technologies and
anti-terrorism services by States and units of local
government under contracts awarded by the Secretary.
(c) Required Procedures.--The procedures required by
subsection (b)(2) shall implement the following requirements
and authorities:
(1) Submissions by states.--
(A) In general.--Except as provided in subparagraph (B),
each State desiring to participate in a procurement of anti-
terrorism technologies or anti-terrorism services through a
contract entered into by the Secretary shall submit to the
Secretary in such form and manner and at such times as the
Secretary prescribes, the following:
(i) Request.--A request consisting of an enumeration of the
technologies or services, respectively, that are desired by
the State and units of local government within the State.
(ii) Payment.--Advance payment for each requested
technology or service in an amount determined by the
Secretary based on estimated or actual costs of the
technology or service and administrative costs incurred by
the Secretary.
(B) Award by secretary.--The Secretary may award and
designate contracts under which States and units of local
government may procure anti-terrorism technologies and anti-
terrorism services directly from the contract holders. No
indemnification may be provided under the authorities set
forth in section 742 for procurements that are made directly
between contractors and States or units of local government.
(2) Permitted catalog technologies and services.--A State
may include in a request submitted under paragraph (1) only a
technology or service listed in the catalog produced under
subsection (b)(1).
(3) Coordination of local requests within state.--The
Governor of a State (or the
[[Page S9257]]
Mayor of the District of Columbia) may establish such
procedures as the Governor (or the Mayor of the District of
Columbia) considers appropriate for administering and
coordinating requests for anti-terrorism technologies or
anti-terrorism services from units of local government within
the State.
(4) Shipment and transportation costs.--A State requesting
anti-terrorism technologies or anti-terrorism services shall
be responsible for arranging and paying for any shipment or
transportation costs necessary to deliver the technologies or
services, respectively, to the State and localities within
the State.
(d) Reimbursement of Actual Costs.--In the case of a
procurement made by or for a State or unit of local
government under the procedures established under this
section, the Secretary shall require the State or unit of
local government to reimburse the Department for the actual
costs it has incurred for such procurement.
(e) Time for Implementation.--The catalog and procedures
required by subsection (b) of this section shall be completed
as soon as practicable and no later than 210 days after the
enactment of this Act.
SEC. 744. CONGRESSIONAL NOTIFICATION.
(a) In General.--Notwithstanding any other law, a Federal
agency shall, when exercising the discretionary authority of
Public Law 85-804, as amended by section 742, to indemnify
contractors and subcontractors, provide written notification
to the Committees identified in subsection (b) within 30 days
after a contract clause is executed to provide
indemnification.
(b) Submission.--The notification required by subsection
(a) shall be submitted to--
(1) the Appropriations Committees of the Senate and House;
(2) the Armed Services Committees of the Senate and House;
(3) the Senate Governmental Affairs Committee; and
(4) the House Government Reform Committee.
SEC. 745. DEFINITIONS.
In this subtitle:
(1) Anti-terrorism technology and service.--The terms
``anti-terrorism technology'' and ``anti-terrorism service''
mean any product, equipment, or device, including information
technology, and any service, system integration, or other
kind of service (including a support service), respectively,
that is related to technology and is designed, developed,
modified, or procured for the purpose of preventing,
detecting, identifying, otherwise deterring, or recovering
from acts of terrorism.
(2) Act of terrorism.--The term ``act of terrorism'' means
a calculated attack or threat of attack against any person,
property, or infrastructure to inculcate fear, or to
intimidate or coerce a government, the civilian population,
or any segment thereof, in the pursuit of political,
religious, or ideological objectives.
(3) Information technology.--The term ``information
technology'' has the meaning such term in section 11101(6) of
title 40, United States Code.
(4) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, and any territory or
possession of the United States.
(5) Unit of local government.--The term ``unit of local
government'' means any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State; an Indian tribe which performs law
enforcement functions as determined by the Secretary of the
Interior; or any agency of the District of Columbia
Government or the United States Government performing law
enforcement functions in and for the District of Columbia or
the Trust Territory of the Pacific Islands.
Subtitle F--Federal Emergency Procurement Flexibility
SEC. 751. DEFINITION.
In this title, the term ``executive agency'' has the
meaning given that term under section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
SEC. 752. PROCUREMENTS FOR DEFENSE AGAINST OR RECOVERY FROM
TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR
RADIOLOGICAL ATTACK.
The authorities provided in this subtitle apply to any
procurement of property or services by or for an executive
agency that, as determined by the head of the executive
agency, are to be used to facilitate defense against or
recovery from terrorism or nuclear, biological, chemical, or
radiological attack, but only if a solicitation of offers for
the procurement is issued during the 1-year period beginning
on the date of the enactment of this Act.
SEC. 753. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR
PROCUREMENTS IN SUPPORT OF HUMANITARIAN OR
PEACEKEEPING OPERATIONS OR CONTINGENCY
OPERATIONS.
(a) Temporary Threshold Amounts.--For a procurement
referred to in section 752 that is carried out in support of
a humanitarian or peacekeeping operation or a contingency
operation, the simplified acquisition threshold definitions
shall be applied as if the amount determined under the
exception provided for such an operation in those definitions
were--
(1) in the case of a contract to be awarded and performed,
or purchase to be made, inside the United States, $250,000;
or
(2) in the case of a contract to be awarded and performed,
or purchase to be made, outside the United States, $500,000.
(b) Simplified Acquisition Threshold Definitions.--In this
section, the term ``simplified acquisition threshold
definitions'' means the following:
(1) Section 4(11) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(11)).
(2) Section 309(d) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 259(d)).
(3) Section 2302(7) of title 10, United States Code.
(c) Small Business Reserve.--For a procurement carried out
pursuant to subsection (a), section 15(j) of the Small
Business Act (15 U.S.C. 644(j)) shall be applied as if the
maximum anticipated value identified therein is equal to the
amounts referred to in subsection (a).
SEC. 754. INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN
PROCUREMENTS.
In the administration of section 32 of the Office of
Federal Procurement Policy Act (41 U.S.C. 428) with respect
to a procurement referred to in section 752, the amount
specified in subsections (c), (d), and (f) of such section 32
shall be deemed to be $10,000.
SEC. 755. APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES
TO CERTAIN PROCUREMENTS.
(a) Authority.--
(1) In general.--The head of an executive agency may apply
the provisions of law listed in paragraph (2) to a
procurement referred to in section 752 without regard to
whether the property or services are commercial items.
(2) Commercial item laws.--The provisions of law referred
to in paragraph (1) are as follows:
(A) Sections 31 and 34 of the Office of Federal Procurement
Policy Act (41 U.S.C. 427, 430).
(B) Section 2304(g) of title 10, United States Code.
(C) Section 303(g) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(g)).
(b) Inapplicability of Limitation on Use of Simplified
Acquisition Procedures.--
(1) In general.--The $5,000,000 limitation provided in
section 31(a)(2) of the Office of Federal Procurement Policy
Act (41 U.S.C. 427(a)(2)), section 2304(g)(1)(B) of title 10,
United States Code, and section 303(g)(1)(B) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253(g)(1)(B)) shall not apply to purchases of property or
services to which any of the provisions of law referred to in
subsection (a) are applied under the authority of this
section.
(2) OMB guidance.--The Director of the Office of Management
and Budget shall issue guidance and procedures for the use of
simplified acquisition procedures for a purchase of property
or services in excess of $5,000,000 under the authority of
this section.
(c) Continuation of Authority for Simplified Purchase
Procedures.--Authority under a provision of law referred to
in subsection (a)(2) that expires under section 4202(e) of
the Clinger-Cohen Act of 1996 (divisions D and E of Public
Law 104-106; 10 U.S.C. 2304 note) shall, notwithstanding such
section, continue to apply for use by the head of an
executive agency as provided in subsections (a) and (b).
SEC. 756. USE OF STREAMLINED PROCEDURES.
(a) Required Use.--The head of an executive agency shall,
when appropriate, use streamlined acquisition authorities and
procedures authorized by law for a procurement referred to in
section 752, including authorities and procedures that are
provided under the following provisions of law:
(1) Federal property and administrative services act of
1949.--In title III of the Federal Property and
Administrative Services Act of 1949:
(A) Paragraphs (1), (2), (6), and (7) of subsection (c) of
section 303 (41 U.S.C. 253), relating to use of procedures
other than competitive procedures under certain circumstances
(subject to subsection (e) of such section).
(B) Section 303J (41 U.S.C. 253j), relating to orders under
task and delivery order contracts.
(2) Title 10, united states code.--In chapter 137 of title
10, United States Code:
(A) Paragraphs (1), (2), (6), and (7) of subsection (c) of
section 2304, relating to use of procedures other than
competitive procedures under certain circumstances (subject
to subsection (e) of such section).
(B) Section 2304c, relating to orders under task and
delivery order contracts.
(3) Office of federal procurement policy act.--Paragraphs
(1)(B), (1)(D), and (2) of section 18(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 416(c)), relating
to inapplicability of a requirement for procurement notice.
(b) Waiver of Certain Small Business Threshold
Requirements.--Subclause (II) of section 8(a)(1)(D)(i) of the
Small Business Act (15 U.S.C. 637(a)(1)(D)(i)) and clause
(ii) of section 31(b)(2)(A) of such Act (15 U.S.C.
657a(b)(2)(A)) shall not apply in the use of streamlined
acquisition authorities and procedures referred to in
paragraphs (1)(A) and (2)(A) of subsection (a) for a
procurement referred to in section 752.
SEC. 757. REVIEW AND REPORT BY COMPTROLLER GENERAL.
(a) Requirements.--Not later than March 31, 2004, the
Comptroller General shall--
(1) complete a review of the extent to which procurements
of property and services have been made in accordance with
this subtitle; and
[[Page S9258]]
(2) submit a report on the results of the review to the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of
Representatives.
(b) Content of Report.--The report under subsection (a)(2)
shall include the following matters:
(1) Assessment.--The Comptroller General's assessment of--
(A) the extent to which property and services procured in
accordance with this title have contributed to the capacity
of the workforce of Federal Government employees within each
executive agency to carry out the mission of the executive
agency; and
(B) the extent to which Federal Government employees have
been trained on the use of technology.
(2) Recommendations.--Any recommendations of the
Comptroller General resulting from the assessment described
in paragraph (1).
(c) Consultation.--In preparing for the review under
subsection (a)(1), the Comptroller shall consult with the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of
Representatives on the specific issues and topics to be
reviewed. The extent of coverage needed in areas such as
technology integration, employee training, and human capital
management, as well as the data requirements of the study,
shall be included as part of the consultation.
SEC. 758. IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL
MARKETPLACE.
The head of each executive agency shall conduct market
research on an ongoing basis to identify effectively the
capabilities, including the capabilities of small businesses
and new entrants into Federal contracting, that are available
in the marketplace for meeting the requirements of the
executive agency in furtherance of defense against or
recovery from terrorism or nuclear, biological, chemical, or
radiological attack. The head of the executive agency shall,
to the maximum extent practicable, take advantage of
commercially available market research methods, including use
of commercial databases, to carry out the research.
Subtitle G--Coast Guard
SEC. 761. PRESERVING COAST GUARD MISSION PERFORMANCE.
(a) Definitions.--In this section:
(1) Non-homeland security missions.--The term ``non-
homeland security missions'' means the following missions of
the Coast Guard:
(A) Marine safety.
(B) Search and rescue.
(C) Aids to navigation.
(D) Living marine resources (e.g., fisheries law
enforcement).
(E) Marine environmental protection.
(F) Ice operations.
(2) Homeland security missions.--The term ``homeland
security missions'' means the following missions of the Coast
Guard:
(A) Ports, waterways and coastal security.
(B) Drug interdiction.
(C) Migrant interdiction.
(D) Defense readiness.
(E) Other law enforcement.
(b) Transfer.--There are transferred to the Department the
authorities, functions, personnel, and assets of the Coast
Guard, which shall be maintained as a distinct entity within
the Department, including the authorities and functions of
the Secretary of Transportation relating thereto.
(c) Maintenance of Status of Functions and Assets.--
Notwithstanding any other provision of this Act, the
authorities, functions, assets, organizational structure,
units, personnel, and non-homeland security missions of the
Coast Guard shall be maintained intact and without reduction
after the transfer of the Coast Guard to the Department,
except as specified in subsequent Acts. Nothing in this
paragraph shall prevent the Coast Guard from replacing or
upgrading any asset with an asset of equivalent or greater
capabilities.
(d) Certain Transfers Prohibited.--
(1) In general.--None of the missions, functions,
personnel, and assets (including ships, aircraft,
helicopters, and vehicles) of the Coast Guard may be
transferred to the operational control of, or diverted to the
principal and continuing use of, any other organization,
unit, or entity of the Department.
(2) Applicability.--The restrictions in paragraph (1) shall
not apply--
(A) to any joint operation of less than 90 days between the
Coast Guard and other entities and organizations of the
Department; or
(B) to any detail or assignment of any individual member or
civilian employee of the Coast Guard to any other entity or
organization of the Department for the purposes of ensuring
effective liaison, coordination, and operations of the Coast
Guard and that entity or organization, except that the total
number of individuals detailed or assigned in this capacity
may not exceed 50 individuals during any fiscal year.
(e) Changes to Non-Homeland Security Missions.--
(1) Prohibition.--The Secretary may not make any
substantial or significant change to any of the non-homeland
security missions of the Coast Guard, or to the capabilities
of the Coast Guard to carry out each of the non-homeland
security missions, without the prior approval of Congress as
expressed in a subsequent Act. With respect to a change to
the capabilities of the Coast Guard to carry out each of the
non-homeland security missions, the restrictions in this
paragraph shall not apply when such change shall result in an
increase in those capabilities.
(2) Waiver.--The President may waive the restrictions under
paragraph (1) for a period of not to exceed 90 days upon a
declaration and certification by the President to Congress
that a clear, compelling, and immediate state of national
emergency exists that justifies such a waiver. A
certification under this paragraph shall include a detailed
justification for the declaration and certification,
including the reasons and specific information that
demonstrate that the Nation and the Coast Guard cannot
respond effectively to the national emergency if the
restrictions under paragraph (1) are not waived.
(f) Annual Review.--
(1) In general.--The Inspector General of the Department
shall conduct an annual review that shall assess thoroughly
the performance by the Coast Guard of all missions of the
Coast Guard (including non-homeland security missions and
homeland security missions) with a particular emphasis on
examining the non-homeland security missions.
(2) Report.--The Inspector General shall submit the
detailed results of the annual review and assessment required
by paragraph (1) not later than March 1 of each year directly
to--
(A) the Committee on Governmental Affairs of the Senate;
(B) the Committee on Government Reform of the House of
Representatives;
(C) the Committees on Appropriations of the Senate and the
House of Representatives;
(D) the Committee on Commerce, Science, and Transportation
of the Senate; and
(E) the Committee on Transportation and Infrastructure of
the House of Representatives.
(g) Direct Reporting to Secretary.--Upon the transfer of
the Coast Guard to the Department, the Commandant shall
report directly to the Secretary without being required to
report through any other official of the Department.
(h) Operation as a Service in the Navy.--None of the
conditions and restrictions in this section shall apply when
the Coast Guard operates as a service in the Navy under
section 3 of title 14, United States Code.
TITLE VIII--TRANSITION
SEC. 801. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' includes any entity,
organizational unit, or function; and
(2) Transition period.--The term ``transition period''
means the 12-month period beginning on the effective date of
this Act.
SEC. 802. TRANSFER OF AGENCIES.
The transfer of an agency to the Department shall occur
when the President so directs, but in no event later than the
end of the transition period. When an agency is transferred,
the President may also transfer to the Department any agency
established to carry out or support adjudicatory or review
functions in relation to the agency.
SEC. 803. TRANSITIONAL AUTHORITIES.
(a) Provision of Assistance by Officials.--Until the
transfer of an agency to the Department, any official having
authority over, or functions relating to, the agency
immediately before the effective date of this Act shall
provide to the Secretary such assistance, including the use
of personnel and assets, as the Secretary may request in
preparing for the transfer and integration of the agency into
the Department.
(b) Services and Personnel.--During the transition period,
upon the request of the Secretary, the head of any executive
agency may, on a reimbursable or nonreimbursable basis,
provide services or detail personnel to assist with the
transition.
(c) Acting Officials.--
(1) In general.--
(A) Designation.--During the transition period, pending the
advice and consent of the Senate to the appointment of an
officer required by this Act to be appointed by and with such
advice and consent, the President may designate any officer
whose appointment was required to be made by and with such
advice and consent and who was such an officer immediately
before the effective date of this Act (and who continues in
office) or immediately before such designation, to act in
such office until the same is filled as provided in this Act.
(B) Compensation.--While serving as an acting officer under
subparagraph (A), that officer shall receive compensation at
the higher of the rate provided--
(i) by this Act for the office in which that officer acts;
or
(ii) for the office held at the time of designation.
(2) Rule of construction.--Nothing in this Act shall be
construed to require the advice and consent of the Senate to
the appointment by the President to a position in the
Department of any officer whose--
(A) agency is transferred to the Department under this Act;
and
(B) duties following such transfer are germane to those
performed before such transfer.
(d) Transfer of Personnel, Assets, Liabilities, and
Functions.--Upon the transfer of an agency to the
Department--
(1) the personnel, assets, and liabilities held by or
available in connection with the
[[Page S9259]]
agency shall be transferred to the Secretary for appropriate
allocation, subject to the approval of the Director of the
Office of Management and Budget; and
(2) the Secretary shall have all functions--
(A) relating to the agency that any other official could by
law exercise in relation to the agency immediately before
such transfer; and
(B) vested in the Secretary by this Act or other law.
SEC. 804. SAVINGS PROVISIONS.
(a) Completed Administrative Actions.--
(1) In general.--Completed administrative actions of an
agency shall not be affected by the enactment of this Act or
the transfer of such agency to the Department, but shall
continue in effect according to their terms until amended,
modified, superseded, terminated, set aside, or revoked in
accordance with law by an officer of the United States or a
court of competent jurisdiction, or by operation of law.
(2) Included actions.--For purposes of paragraph (1), the
term ``completed administrative actions'' includes orders,
determinations, rules, regulations, personnel actions,
permits, agreements, grants, contracts, certificates,
licenses, registrations, and privileges.
(b) Pending Proceedings.--Subject to the authority of the
Secretary under this Act--
(1) pending proceedings in an agency, including notices of
proposed rulemaking, and applications for licenses, permits,
certificates, grants, and financial assistance, shall
continue notwithstanding the enactment of this Act or the
transfer of the agency to the Department, unless discontinued
or modified under the same terms and conditions and to the
same extent that such discontinuance could have occurred if
such enactment or transfer had not occurred; and
(2) orders issued in such proceedings, and appeals
therefrom, and payments made pursuant to such orders, shall
issue in the same manner and on the same terms as if this Act
had not been enacted or the agency had not been transferred,
and any such orders shall continue in effect until amended,
modified, superseded, terminated, set aside, or revoked by an
officer of the United States or a court of competent
jurisdiction, or by operation of law.
(c) Pending Civil Actions.--Subject to the authority of the
Secretary under this Act, pending civil actions shall
continue notwithstanding the enactment of this Act or the
transfer of an agency to the Department, and in such civil
actions, proceedings shall be had, appeals taken, and
judgments rendered and enforced in the same manner and with
the same effect as if such enactment or transfer had not
occurred.
(d) References.--References relating to an agency that is
transferred to the Department in statutes, Executive orders,
rules, regulations, directives, or delegations of authority
that precede such transfer or the effective date of this Act
shall be deemed to refer, as appropriate, to the Department,
to its officers, employees, or agents, or to its
corresponding organizational units or functions.
(e) Statutory Reporting Requirements.--Any statutory
reporting requirement that applied to an agency, transferred
to the Department under this Act, immediately before the
effective date of this Act shall continue to apply following
that transfer if the statutory requirement refers to the
agency by name.
(f) Employment Provisions.--Except as otherwise provided in
this Act, or under authority granted by this Act, the
transfer under this Act of personnel shall not alter the
terms and conditions of employment, including compensation,
of any employee so transferred.
SEC. 805. TERMINATIONS.
Except as otherwise provided in this Act, whenever all the
functions vested by law in any agency have been transferred
under this Act, each position and office the incumbent of
which was authorized to receive compensation at the rates
prescribed for an office or position at level II, III, IV, or
V, of the Executive Schedule, shall terminate.
SEC. 806. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in
consultation with the Secretary, is authorized and directed
to make such additional incidental dispositions of personnel,
assets, and liabilities held, used, arising from, available,
or to be made available, in connection with the functions
transferred by this Act, as the Director may determine
necessary to accomplish the purposes of this Act.
TITLE IX--CONFORMING AND TECHNICAL AMENDMENTS
SEC. 901. INSPECTOR GENERAL ACT.
Section 11 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended in paragraphs (1) and (2)--
(1) by inserting ``Homeland Security,'' after
``Transportation,'' each place it appears;
(2) by striking ``; and'' each place it appears and
inserting a semicolon;
(3) by striking ``,,'' and inserting a coma; and
(4) by striking ``;;'' each place it appears and inserting
a semicolon in each such place.
SEC. 902. EXECUTIVE SCHEDULE.
Chapter 53 of title 5, United States Code, is amended--
(1) in section 5312, by inserting after the item relating
to the Secretary of Veterans Affairs the following:
``Secretary of Homeland Security.'';
(2) in section 5313, by inserting after the item relating
to the Deputy Secretary of Transportation the following:
``Deputy Secretary of Homeland Security.'';
(3) in section 5314, by inserting after the item relating
to the Under Secretary for Memorial Affairs, Department of
Veterans Affairs the following:
``Under Secretaries, Department of Homeland Security.'';
and
(4) in section 5315, by inserting at the end the following:
``Assistant Secretaries, Department of Homeland Security.
``General Counsel, Department of Homeland Security.
``Chief Financial Officer, Department of Homeland Security.
``Chief Information Officer, Department of Homeland
Security.
``Inspector General, Department of Homeland Security.''.
SEC. 903. UNITED STATES SECRET SERVICE.
(a) Uniformed Division.--Section 202 of title 3, United
States Code, is amended by striking ``Secretary of the
Treasury'' and inserting ``Secretary of Homeland Security''.
(b) Reimbursement of State and Local Governments.--Section
208 of title 3, United States Code, is amended by striking
``Secretary of Treasury'' each place it appears and inserting
``Secretary of Homeland Security'' in each such place.
(c) Powers, Authorities, and Duties.--Section 3056 of title
18, United States Code, is amended by striking ``Secretary of
the Treasury'' each place it appears and inserting
``Secretary of Homeland Security'' in each such place.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of transfer of the United
States Secret Service to the Department.
SEC. 904. COAST GUARD.
(a) Title 14, U.S.C.--Title 14 of the United States Code is
amended--
(1) in sections 1, 3, 53, 95, 145, 516, 666, 669, 673 (as
added by Public Law 104-201), 673 (as added by Public Law
104-324), 674, 687, and 688, by striking ``of
Transportation'', each place it appears, and inserting ``of
Homeland Security''; and
(2) after executing the other amendments required by this
subsection, by redesignating the section 673 added by Public
Law 104-324 as section 673a.
(b) Title 10, U.S.C.--Section 801(1) of title 10, United
States Code, is amended by striking ``the General Counsel of
the Department of Transportation'' and inserting ``an
official designated to serve as Judge Advocate General of the
Coast Guard by the Secretary of Homeland Security''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of transfer of the Coast Guard
to the Department.
SEC. 905. STRATEGIC NATIONAL STOCKPILE AND SMALLPOX VACCINE
DEVELOPMENT.
(a) In General.--Section 121 of the Public Health Security
and Bioterrorism Preparedness and Response Act of 2002 is
amended--
(1) in subsection (a)(1)--
(A) by striking ``Secretary of Health and Human Services''
and inserting ``Secretary of Homeland Security'';
(B) by inserting ``the Secretary of Health and Human
Services and'' after ``in coordination with''; and
(C) by inserting ``of Health and Human Services'' after
``as are determined by the Secretary''; and
(2) in subsections (a)(2) and (b), by inserting ``of Health
and Human Services'' after ``Secretary'' each place it
appears.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of transfer of the Strategic
National Stockpile of the Department of Health and Human
Services to the Department.
SEC. 906. SELECT AGENT REGISTRATION.
(a) Public Health Service Act.--The Public Health Service
Act is amended--
(1) in section 351A(a)(1)(A), by inserting ``(as defined in
subsection (l)(9))'' after ``Secretary'';
(2) in section 351A(h)(2)(A), by inserting ``Department of
Homeland Security, the'' before ``Department of Health and
Human Services'';
(3) in section 351A(l), by inserting after paragraph (8)
the following:
``(9) The term `Secretary' means the Secretary of Homeland
Security, in consultation with the Secretary of Health and
Human Services.''; and
(4) in section 352A(i)--
(A) by striking ``(1)'' the first place it appears; and
(B) by striking paragraph (2).
(b) Public Health Security and Bioterrorism Preparedness
and Response Act of 2002.--Section 201(b) of the Public
Health Security and Bioterrorism Preparedness and Response
Act of 2002 is amended by striking ``Secretary of Health and
Human Services'' and inserting ``Secretary of Homeland
Security''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of transfer of the select agent
registration enforcement programs and activities of the
Department of Health and Human Services to the Department.
SEC. 907. NATIONAL BIO-WEAPONS DEFENSE ANALYSIS CENTER.
There is established in the Department of Defense a
National Bio-Weapons Defense Analysis Center, whose mission
is to develop countermeasures to potential attacks by
terrorists using weapons of mass destruction.
[[Page S9260]]
SEC. 908. MILITARY ACTIVITIES.
Except as specifically provided in this Act, nothing in
this Act shall confer upon the Secretary any authority to
engage in war fighting, the military defense of the United
States, or other traditional military activities.
DIVISION B--IMMIGRATION REFORM, ACCOUNTABILITY, AND SECURITY
ENHANCEMENT ACT OF 2002
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Immigration Reform,
Accountability, and Security Enhancement Act of 2002''.
SEC. 1002. DEFINITIONS.
In this division:
(1) Enforcement bureau.--The term ``Enforcement Bureau''
means the Bureau of Enforcement established in section 114 of
the Immigration and Nationality Act, as added by section 1105
of this Act.
(2) Function.--The term ``function'' includes any duty,
obligation, power, authority, responsibility, right,
privilege, activity, or program.
(3) Immigration enforcement functions.--The term
``immigration enforcement functions'' has the meaning given
the term in section 114(b)(2) of the Immigration and
Nationality Act, as added by section 1105 of this Act.
(4) Immigration laws of the united states.--The term
``immigration laws of the United States'' has the meaning
given the term in section 111(e) of the Immigration and
Nationality Act, as added by section 1102 of this Act.
(5) Immigration policy, administration, and inspection
functions.--The term ``immigration policy, administration,
and inspection functions'' has the meaning given the term in
section 112(b)(3) of the Immigration and Nationality Act, as
added by section 1103 of this Act.
(6) Immigration service functions.--The term ``immigration
service functions'' has the meaning given the term in section
113(b)(2) of the Immigration and Nationality Act, as added by
section 1104 of this Act.
(7) Office.--The term ``office'' includes any office,
administration, agency, bureau, institute, council, unit,
organizational entity, or component thereof.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(9) Service bureau.--The term ``Service Bureau'' means the
Bureau of Immigration Services established in section 113 of
the Immigration and Nationality Act, as added by section 1104
of this Act.
(10) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Homeland Security for Immigration
Affairs appointed under section 112 of the Immigration and
Nationality Act, as added by section 1103 of this Act.
SEC. 1003. TRANSFER OF IMMIGRATION AND NATURALIZATION SERVICE
FUNCTIONS.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and
liabilities of the Immigration and Naturalization Service of
the Department of Justice, including the functions of the
Attorney General relating thereto, to be restructured so as
to separate enforcement and service functions.
TITLE XI--DIRECTORATE OF IMMIGRATION AFFAIRS
Subtitle A--Organization
SEC. 1101. ABOLITION OF INS.
(a) In General.--The Immigration and Naturalization Service
is abolished.
(b) Repeal.--Section 4 of the Act of February 14, 1903, as
amended (32 Stat. 826; relating to the establishment of the
Immigration and Naturalization Service), is repealed.
SEC. 1102. ESTABLISHMENT OF DIRECTORATE OF IMMIGRATION
AFFAIRS.
(a) Establishment.--Title I of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) by inserting ``CHAPTER 1--DEFINITIONS AND GENERAL
AUTHORITIES'' after ``TITLE I--GENERAL''; and
(2) by adding at the end the following:
``CHAPTER 2--DIRECTORATE OF IMMIGRATION AFFAIRS
``SEC. 111. ESTABLISHMENT OF DIRECTORATE OF IMMIGRATION
AFFAIRS.
``(a) Establishment.--There is established within the
Department of Homeland Security the Directorate of
Immigration Affairs.
``(b) Principal Officers.--The principal officers of the
Directorate are the following:
``(1) The Under Secretary for Immigration Affairs appointed
under section 112.
``(2) The Assistant Secretary for Immigration Services
appointed under section 113.
``(3) The Assistant Secretary for Enforcement appointed
under section 114.
``(c) Functions.--Under the authority of the Secretary of
Homeland Security, the Directorate shall perform the
following functions:
``(1) Immigration policy and administration functions, as
defined in section 112(b).
``(2) Immigration service and adjudication functions, as
defined in section 113(b).
``(3) Immigration enforcement functions, as defined in
section 114(b), but does not include the functions described
in paragraphs (7) and (8) of section 131(b).
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Department of Homeland Security such sums as may be
necessary to carry out the functions of the Directorate.
``(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
``(e) Immigration Laws of the United States Defined.--In
this chapter, the term `immigration laws of the United
States' shall have the same meaning given such term in
section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17)).''.
(b) Conforming Amendments.--(1) The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(A) by striking section 101(a)(34) (8 U.S.C. 1101(a)(34))
and inserting the following:
``(34) The term `Directorate' means the Directorate of
Immigration Affairs established by section 111.'';
(B) by adding at the end of section 101(a) the following:
``(51) The term `Secretary' means the Secretary of Homeland
Security.
``(52) The term `Department' means the Department of
Homeland Security.'';
(C) by striking ``Attorney General'' and ``Department of
Justice'' each place it appears (other than the proviso in
section 103(a)(1) of the Immigration and Nationality Act) and
inserting ``Secretary'' and ``Department'', respectively;
(D) in section 101(a)(17) (8 U.S.C. 1101(a)(17)), by
striking ``The'' and inserting ``Except as otherwise provided
in section 111(e), the; and
(E) by striking ``Immigration and Naturalization Service'',
``Service'', and ``Service's'' each place they appear and
inserting ``Directorate of Immigration Affairs'',
``Directorate'', and ``Directorate's'', respectively.
(2) Section 6 of the Act entitled ``An Act to authorize
certain administrative expenses for the Department of
Justice, and for other purposes'', approved July 28, 1950 (64
Stat. 380), is amended--
(A) by striking ``Immigration and Naturalization Service''
and inserting ``Directorate of Immigration Affairs'';
(B) by striking clause (a); and
(C) by redesignating clauses (b), (c), (d), and (e) as
clauses (a), (b), (c), and (d), respectively.
(c) References.--Any reference in any statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding to
the Immigration and Naturalization Service shall be deemed to
refer to the Directorate of Immigration Affairs and the
Directorate of Border and Transportation Security of the
Department of Homeland Security, as appropriate, and any
reference in the immigration laws of the United States (as
defined in section 111(e) of the Immigration and Nationality
Act, as added by this section) to the Attorney General shall
be deemed to refer to the Secretary of Homeland Security,
acting through the Under Secretary for Immigration Affairs
and the Under Secretary for Border and Transportation
Security, as appropriate.
SEC. 1103. UNDER SECRETARY OF HOMELAND SECURITY FOR
IMMIGRATION AFFAIRS.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 of this Act, is
amended by adding at the end the following:
``SEC. 112. UNDER SECRETARY OF HOMELAND SECURITY FOR
IMMIGRATION AFFAIRS.
``(a) Under Secretary of Immigration Affairs.--The
Directorate shall be headed by an Under Secretary of Homeland
Security for Immigration Affairs who shall be appointed in
accordance with section 103(c) of the Immigration and
Nationality Act.
``(b) Responsibilities of the Under Secretary.--
``(1) In general.--The Under Secretary shall be charged
with any and all responsibilities and authority in the
administration of the Directorate and of this Act which are
conferred upon the Secretary as may be delegated to the Under
Secretary by the Secretary or which may be prescribed by the
Secretary.
``(2) Duties.--Subject to the authority of the Secretary
under paragraph (1), the Under Secretary shall have the
following duties:
``(A) Immigration policy.--The Under Secretary shall
develop and implement policy under the immigration laws of
the United States with respect to any function within the
jurisdiction of the Directorate. The Under Secretary shall
propose, promulgate, and issue rules, regulations, and
statements of policy with respect to any function within the
jurisdiction of the Directorate.
``(B) Administration.--The Under Secretary shall have
responsibility for--
``(i) the administration and enforcement of the functions
conferred upon the Directorate under section 111(c) of this
Act; and
``(ii) the administration of the Directorate, including the
direction, supervision, and coordination of the Bureau of
Immigration Services and the Bureau of Enforcement.
``(3) Activities.--As part of the duties described in
paragraph (2), the Under Secretary shall do the following:
``(A) Resources and personnel management.--The Under
Secretary shall manage the resources, personnel, and other
support requirements of the Directorate.
``(B) Information resources management.--Under the
direction of the Secretary, the Under Secretary shall manage
the information resources of the Directorate, including the
maintenance of records and databases and the coordination of
records and other information within the Directorate, and
shall ensure that the Directorate obtains and maintains
adequate information technology systems to carry out its
functions.
``(4) Definition.--In this chapter, the term `immigration
policy and administration'
[[Page S9261]]
means the duties, activities, and powers described in this
subsection.
``(c) General Counsel.--
``(1) In general.--There shall be within the Directorate a
General Counsel, who shall be appointed by the Secretary of
Homeland Security, in consultation with the Under Secretary.
``(2) Function.--The General Counsel shall--
``(A) serve as the chief legal officer for the Directorate;
and
``(B) be responsible for providing specialized legal
advice, opinions, determinations, regulations, and any other
assistance to the Under Secretary with respect to legal
matters affecting the Directorate, and any of its components.
``(d) Financial Officers for the Directorate of Immigration
Affairs.--
``(1) Chief financial officer.--
``(A) In general.--There shall be within the Directorate a
Chief Financial Officer. The position of Chief Financial
Officer shall be a career reserved position in the Senior
Executive Service and shall have the authorities and
functions described in section 902 of title 31, United States
Code, in relation to financial activities of the Directorate.
For purposes of section 902(a)(1) of such title, the Under
Secretary shall be deemed to be an agency head.
``(B) Functions.--The Chief Financial Officer shall be
responsible for directing, supervising, and coordinating all
budget formulas and execution for the Directorate.
``(2) Deputy chief financial officer.--The Directorate
shall be deemed to be an agency for purposes of section 903
of such title (relating to Deputy Chief Financial Officers).
``(e) Chief of Congressional, Intergovernmental, and Public
Affairs.--
``(1) In general.--There shall be within the Directorate a
Chief of Congressional, Intergovernmental, and Public
Affairs. Under the authority of the Under Secretary, the
Chief of Congressional, Intergovernmental, and Public Affairs
shall be responsible for--
``(A) providing to Congress information relating to issues
arising under the immigration laws of the United States,
including information on specific cases;
``(B) serving as a liaison with other Federal agencies on
immigration issues; and
``(C) responding to inquiries from, and providing
information to, the media on immigration issues.
``(2) Within the senior executive service.--The position of
Chief of Congressional, Intergovernmental, and Public Affairs
shall be a Senior Executive Service position under section
5382 of title 5, United States Code.''.
(b) Compensation of General Counsel and Chief Financial
Officer.--Section 5316 of title 5, United States Code, is
amended by adding at the end the following:
``General Counsel, Directorate of Immigration Affairs,
Department of Homeland Security.
``Chief Financial Officer, Directorate of Immigration
Affairs, Department of Homeland Security.''.
(c) Repeals.--The following provisions of law are repealed:
(1) Section 7 of the Act of March 3, 1891, as amended (26
Stat. 1085; relating to the establishment of the office of
the Commissioner of Immigration and Naturalization).
(2) Section 201 of the Act of June 20, 1956 (70 Stat. 307;
relating to the compensation of assistant commissioners and
district directors).
(3) Section 1 of the Act of March 2, 1895 (28 Stat. 780;
relating to special immigrant inspectors).
(d) Conforming Amendments.--(1)(A) Section 101(a)(8) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(8)) is
amended to read as follows:
``(8) The term `Under Secretary' means the Under Secretary
for Immigration Affairs who is appointed under section
103(c).''.
(B) Except as provided in subparagraph (C), the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(i) by striking ``The Commissioner of Immigration and
Naturalization'' and ``The Commissioner'' each place they
appear and inserting ``The appropriate Under Secretary of the
Department of Homeland Security''; and
(ii) except as provided in paragraph (1), by striking
``Commissioner of Immigration and Naturalization'' and
``Commissioner'' each place they appear and inserting
``appropriate Under Secretary of the Department of Homeland
Security''.
(C) The amendments made by subparagraph (B) do not apply to
references to the ``Commissioner of Social Security'' in
section 290(c) of the Immigration and Nationality Act (8
U.S.C. 1360(c)).
(2) Section 103 of the Immigration and Nationality Act (8
U.S.C. 1103) is amended--
(A) in subsection (c), by striking ``Commissioner'' and
inserting ``Under Secretary'';
(B) in subsection (d), by striking ``Commissioner'' and
inserting ``Under Secretary''; and
(C) in subsection (e), by striking ``Commissioner'' and
inserting ``Under Secretary''.
(3) Sections 104 and 105 of the Immigration and Nationality
Act (8 U.S.C. 1104, 1105) are amended by striking
``Director'' each place it appears and inserting ``Assistant
Secretary of State for Consular Affairs''.
(4) Section 104(c) of the Immigration and Nationality Act
(8 U.S.C. 1104(c)) is amended--
(A) in the first sentence, by striking ``Passport Office, a
Visa Office,'' and inserting ``a Passport Services office, a
Visa Services office, an Overseas Citizen Services office,'';
and
(B) in the second sentence, by striking ``the Passport
Office and the Visa Office'' and inserting ``the Passport
Services office and the Visa Services office''.
(5) Section 5315 of title 5, United States Code, is amended
by striking the following:
``Commissioner of Immigration and Naturalization,
Department of Justice.''.
(e) References.--Any reference in any statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding to
the Commissioner of Immigration and Naturalization shall be
deemed to refer to the Under Secretary for Immigration
Affairs or the Under Secretary for Border and Transportation
Security, as appropriate.
SEC. 1104. BUREAU OF IMMIGRATION SERVICES.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
section 1103, is further amended by adding at the end the
following:
``SEC. 113. BUREAU OF IMMIGRATION SERVICES.
``(a) Establishment of Bureau.--
``(1) In general.--There is established within the
Directorate a bureau to be known as the Bureau of Immigration
Services (in this chapter referred to as the `Service
Bureau').
``(2) Assistant secretary.--The head of the Service Bureau
shall be the Assistant Secretary for Immigration Services (in
this chapter referred to as the `Assistant Secretary for
Immigration Services'), who--
``(A) shall be appointed by the Secretary, in consultation
with the Under Secretary; and
``(B) shall report directly to the Under Secretary.
``(b) Responsibilities of the Assistant Secretary.--
``(1) In general.--Subject to the authority of the
Secretary and the Under Secretary, the Assistant Secretary
for Immigration Services shall administer the immigration
service functions of the Directorate.
``(2) Immigration service functions defined.--In this
chapter, the term `immigration service functions' means the
following functions under the immigration laws of the United
States:
``(A) Adjudications of petitions for classification of
nonimmigrant and immigrant status.
``(B) Adjudications of applications for adjustment of
status and change of status.
``(C) Adjudications of naturalization applications.
``(D) Adjudications of asylum and refugee applications.
``(E) Adjudications performed at Service centers.
``(F) Determinations concerning custody and parole of
asylum seekers who do not have prior nonpolitical criminal
records and who have been found to have a credible fear of
persecution, including determinations under section 236B.
``(G) All other adjudications under the immigration laws of
the United States.
``(c) Chief Budget Officer of the Service Bureau.--There
shall be within the Service Bureau a Chief Budget Officer.
Under the authority of the Chief Financial Officer of the
Directorate, the Chief Budget Officer of the Service Bureau
shall be responsible for monitoring and supervising all
financial activities of the Service Bureau.
``(d) Quality Assurance.--There shall be within the Service
Bureau an Office of Quality Assurance that shall develop
procedures and conduct audits to--
``(1) ensure that the Directorate's policies with respect
to the immigration service functions of the Directorate are
properly implemented; and
``(2) ensure that Service Bureau policies or practices
result in sound records management and efficient and accurate
service.
``(e) Office of Professional Responsibility.--There shall
be within the Service Bureau an Office of Professional
Responsibility that shall have the responsibility for
ensuring the professionalism of the Service Bureau and for
receiving and investigating charges of misconduct or ill
treatment made by the public.
``(f) Training of Personnel.--The Assistant Secretary for
Immigration Services, in consultation with the Under
Secretary, shall have responsibility for determining the
training for all personnel of the Service Bureau.''.
(b) Service Bureau Offices.--
(1) In general.--Under the direction of the Secretary, the
Under Secretary, acting through the Assistant Secretary for
Immigration Services, shall establish Service Bureau offices,
including suboffices and satellite offices, in appropriate
municipalities and locations in the United States. In the
selection of sites for the Service Bureau offices, the Under
Secretary shall consider the location's proximity and
accessibility to the community served, the workload for which
that office shall be responsible, whether the location would
significantly reduce the backlog of cases in that given
geographic area, whether the location will improve customer
service, and whether the location is in a geographic area
with an increase in the population to be served. The Under
Secretary shall conduct periodic reviews to assess whether
the location and size of the respective Service Bureau
offices adequately serve customer service needs.
[[Page S9262]]
(2) Transition provision.--In determining the location of
Service Bureau offices, including suboffices and satellite
offices, the Under Secretary shall first consider maintaining
and upgrading offices in existing geographic locations that
satisfy the provisions of paragraph (1). The Under Secretary
shall also explore the feasibility and desirability of
establishing new Service Bureau offices, including suboffices
and satellite offices, in new geographic locations where
there is a demonstrated need.
SEC. 1105. BUREAU OF ENFORCEMENT.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
sections 1103 and 1104, is further amended by adding at the
end the following:
``SEC. 114. BUREAU OF ENFORCEMENT.
``(a) Establishment of Bureau.--
``(1) In general.--There is established within the
Directorate a bureau to be known as the Bureau of Enforcement
(in this chapter referred to as the `Enforcement Bureau').
``(2) Assistant secretary.--The head of the Enforcement
Bureau shall be the Assistant Secretary for Enforcement (in
this chapter referred to as the `Assistant Secretary for
Immigration Enforcement'), who--
``(A) shall be appointed by the Secretary of Homeland
Security, in consultation with the Under Secretary; and
``(B) shall report directly to the Under Secretary.
``(b) Responsibilities of the Assistant Secretary.--
``(1) In general.--Subject to the authority of the
Secretary and the Under Secretary, the Assistant Secretary
for Immigration Enforcement shall administer the immigration
enforcement functions of the Directorate.
``(2) Immigration enforcement functions defined.--In this
chapter, the term `immigration enforcement functions' means
the following functions under the immigration laws of the
United States:
``(A) The detention function, except as specified in
section 113(b)(2)(F).
``(B) The removal function.
``(C) The intelligence function.
``(D) The investigations function.
``(c) Chief Budget Officer of the Enforcement Bureau.--
There shall be within the Enforcement Bureau a Chief Budget
Officer. Under the authority of the Chief Financial Officer
of the Directorate, the Chief Budget Officer of the
Enforcement Bureau shall be responsible for monitoring and
supervising all financial activities of the Enforcement
Bureau.
``(d) Office of Professional Responsibility.--There shall
be within the Enforcement Bureau an Office of Professional
Responsibility that shall have the responsibility for
ensuring the professionalism of the Enforcement Bureau and
receiving charges of misconduct or ill treatment made by the
public and investigating the charges.
``(e) Office of Quality Assurance.--There shall be within
the Enforcement Bureau an Office of Quality Assurance that
shall develop procedures and conduct audits to--
``(1) ensure that the Directorate's policies with respect
to immigration enforcement functions are properly
implemented; and
``(2) ensure that Enforcement Bureau policies or practices
result in sound record management and efficient and accurate
recordkeeping.
``(f) Training of Personnel.--The Assistant Secretary for
Immigration Enforcement, in consultation with the Under
Secretary, shall have responsibility for determining the
training for all personnel of the Enforcement Bureau.''.
(b) Enforcement Bureau Offices.--
(1) In general.--Under the direction of the Secretary, the
Under Secretary, acting through the Assistant Secretary for
Immigration Enforcement, shall establish Enforcement Bureau
offices, including suboffices and satellite offices, in
appropriate municipalities and locations in the United
States. In the selection of sites for the Enforcement Bureau
offices, the Under Secretary shall make selections according
to trends in unlawful entry and unlawful presence, alien
smuggling, national security concerns, the number of Federal
prosecutions of immigration-related offenses in a given
geographic area, and other enforcement considerations. The
Under Secretary shall conduct periodic reviews to assess
whether the location and size of the respective Enforcement
Bureau offices adequately serve enforcement needs.
(2) Transition provision.--In determining the location of
Enforcement Bureau offices, including suboffices and
satellite offices, the Under Secretary shall first consider
maintaining and upgrading offices in existing geographic
locations that satisfy the provisions of paragraph (1). The
Under Secretary shall also explore the feasibility and
desirability of establishing new Enforcement Bureau offices,
including suboffices and satellite offices, in new geographic
locations where there is a demonstrated need.
SEC. 1106. OFFICE OF THE OMBUDSMAN WITHIN THE DIRECTORATE.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
sections 1103, 1104, and 1105, is further amended by adding
at the end the following:
``SEC. 115. OFFICE OF THE OMBUDSMAN FOR IMMIGRATION AFFAIRS.
``(a) In General.--There is established within the
Directorate the Office of the Ombudsman for Immigration
Affairs, which shall be headed by the Ombudsman.
``(b) Ombudsman.--
``(1) Appointment.--The Ombudsman shall be appointed by the
Secretary of Homeland Security, in consultation with the
Under Secretary. The Ombudsman shall report directly to the
Under Secretary.
``(2) Compensation.--The Ombudsman shall be entitled to
compensation at the same rate as the highest rate of basic
pay established for the Senior Executive Service under
section 5382 of title 5, United States Code, or, if the
Secretary of Homeland Security so determines, at a rate fixed
under section 9503 of such title.
``(c) Functions of Office.--The functions of the Office of
the Ombudsman for Immigration Affairs shall include--
``(1) to assist individuals in resolving problems with the
Directorate or any component thereof;
``(2) to identify systemic problems encountered by the
public in dealings with the Directorate or any component
thereof;
``(3) to propose changes in the administrative practices or
regulations of the Directorate, or any component thereof, to
mitigate problems identified under paragraph (2);
``(4) to identify potential changes in statutory law that
may be required to mitigate such problems; and
``(5) to monitor the coverage and geographic distribution
of local offices of the Directorate.
``(d) Personnel Actions.--The Ombudsman shall have the
responsibility and authority to appoint local or regional
representatives of the Ombudsman's Office as in the
Ombudsman's judgment may be necessary to address and rectify
problems.
``(e) Annual Report.--Not later than December 31 of each
year, the Ombudsman shall submit a report to the Committee on
the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate on the activities of
the Ombudsman during the fiscal year ending in that calendar
year. Each report shall contain a full and substantive
analysis, in addition to statistical information, and shall
contain--
``(1) a description of the initiatives that the Office of
the Ombudsman has taken on improving the responsiveness of
the Directorate;
``(2) a summary of serious or systemic problems encountered
by the public, including a description of the nature of such
problems;
``(3) an accounting of the items described in paragraphs
(1) and (2) for which action has been taken, and the result
of such action;
``(4) an accounting of the items described in paragraphs
(1) and (2) for which action remains to be completed;
``(5) an accounting of the items described in paragraphs
(1) and (2) for which no action has been taken, the reasons
for the inaction, and identify any Agency official who is
responsible for such inaction;
``(6) recommendations as may be appropriate to resolve
problems encountered by the public;
``(7) recommendations as may be appropriate to resolve
problems encountered by the public, including problems
created by backlogs in the adjudication and processing of
petitions and applications;
``(8) recommendations to resolve problems caused by
inadequate funding or staffing; and
``(9) such other information as the Ombudsman may deem
advisable.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Office of the Ombudsman such sums as may be necessary
to carry out its functions.
``(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.''.
SEC. 1107. OFFICE OF IMMIGRATION STATISTICS WITHIN THE
DIRECTORATE.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
sections 1103, 1104, and 1105, is further amended by adding
at the end the following:
``SEC. 116. OFFICE OF IMMIGRATION STATISTICS.
``(a) Establishment.--There is established within the
Directorate an Office of Immigration Statistics (in this
section referred to as the `Office'), which shall be headed
by a Director who shall be appointed by the Secretary of
Homeland Security, in consultation with the Under Secretary.
The Office shall collect, maintain, compile, analyze,
publish, and disseminate information and statistics about
immigration in the United States, including information and
statistics involving the functions of the Directorate and the
Executive Office for Immigration Review.
``(b) Responsibilities of Director.--The Director of the
Office shall be responsible for the following:
``(1) Statistical information.--Maintenance of all
immigration statistical information of the Directorate of
Immigration Affairs.
``(2) Standards of reliability and validity.--Establishment
of standards of reliability and validity for immigration
statistics collected by the Bureau of Immigration Services,
the Bureau of Enforcement, and the Executive Office for
Immigration Review.
``(c) Relation to the Directorate of Immigration Affairs
and the Executive Office for Immigration Review.--
``(1) Other authorities.--The Directorate and the Executive
Office for Immigration Review shall provide statistical
information
[[Page S9263]]
to the Office from the operational data systems controlled by
the Directorate and the Executive Office for Immigration
Review, respectively, as requested by the Office, for the
purpose of meeting the responsibilities of the Director of
the Office.
``(2) Databases.--The Director of the Office, under the
direction of the Secretary, shall ensure the interoperability
of the databases of the Directorate, the Bureau of
Immigration Services, the Bureau of Enforcement, and the
Executive Office for Immigration Review to permit the
Director of the Office to perform the duties of such
office.''.
(b) Transfer of Functions.--There are transferred to the
Directorate of Immigration Affairs for exercise by the Under
Secretary through the Office of Immigration Statistics
established by section 116 of the Immigration and Nationality
Act, as added by subsection (a), the functions performed by
the Statistics Branch of the Office of Policy and Planning of
the Immigration and Naturalization Service, and the
statistical functions performed by the Executive Office for
Immigration Review, on the day before the effective date of
this title.
SEC. 1108. CLERICAL AMENDMENTS.
The table of contents of the Immigration and Nationality
Act is amended--
(1) by inserting after the item relating to the heading for
title I the following:
``Chapter 1--Definitions and General Authorities'';
(2) by striking the item relating to section 103 and
inserting the following:
``Sec. 103. Powers and duties of the Secretary of Homeland Security and
the Under Secretary of Homeland Security for Immigration
Affairs.'';
and
(3) by inserting after the item relating to section 106 the
following:
``Chapter 2--Directorate of Immigration Affairs
``Sec. 111. Establishment of Directorate of Immigration Affairs.
``Sec. 112. Under Secretary of Homeland Security for Immigration
Affairs.
``Sec. 113. Bureau of Immigration Services.
``Sec. 114. Bureau of Enforcement.
``Sec. 115. Office of the Ombudsman for Immigration Affairs.
``Sec. 116. Office of Immigration Statistics.''.
Subtitle B--Transition Provisions
SEC. 1111. TRANSFER OF FUNCTIONS.
(a) In General.--
(1) Functions of the attorney general.--Except as provided
in subsection (c) and title XIII, all functions under the
immigration laws of the United States vested by statute in,
or exercised by, the Attorney General, immediately prior to
the effective date of this title, are transferred to the
Secretary on such effective date for exercise by the
Secretary through the Under Secretary in accordance with
section 112(b) of the Immigration and Nationality Act, as
added by section 1103 of this Act.
(2) Functions of the commissioner or the ins.--Except as
provided in subsection (c), all functions under the
immigration laws of the United States vested by statute in,
or exercised by, the Commissioner of Immigration and
Naturalization or the Immigration and Naturalization Service
(or any officer, employee, or component thereof), immediately
prior to the effective date of this title, are transferred to
the Directorate of Immigration Affairs on such effective date
for exercise by the Under Secretary in accordance with
section 112(b) of the Immigration and Nationality Act, as
added by section 1103 of this Act.
(b) Exercise of Authorities.--Except as otherwise provided
by law, the Under Secretary may, for purposes of performing
any function transferred to the Directorate of Immigration
Affairs under subsection (a), exercise all authorities under
any other provision of law that were available with respect
to the performance of that function to the official
responsible for the performance of the function immediately
before the effective date of the transfer of the function
under this title.
(c) Special Rule for Border Patrol and Inspection
Functions.--
(1) In general.--Notwithstanding subsections (a) and (b),
the border patrol function, and primary and secondary
immigration inspection functions, vested by statute in, or
exercised by, the Attorney General, the Commissioner of
Immigration and Naturalization, or the Immigration and
Naturalization Service (or any officer, employee, or
component thereof), immediately prior to the effective date
of this title, are transferred to the Secretary on such
effective date for exercise by the Under Secretary for Border
and Transportation in accordance with paragraphs (7) and (8)
of section 131(b).
(2) References.--With respect to the border patrol function
and primary and secondary immigration inspection functions,
references in this subtitle to--
(A) the Directorate shall be deemed to be references to the
Directorate of Border and Transportation Security; and
(B) the Under Secretary shall be deemed to be references to
the Under Secretary for Border and Transportation Security.
SEC. 1112. TRANSFER OF PERSONNEL AND OTHER RESOURCES.
Subject to section 1531 of title 31, United States Code,
upon the effective date of this title, there are transferred
to the appropriate Under Secretary for appropriate allocation
in accordance with section 1115--
(1) the personnel of the Department of Justice employed in
connection with the functions transferred under this title;
and
(2) the assets, liabilities, contracts, property, records,
and unexpended balance of appropriations, authorizations,
allocations, and other funds employed, held, used, arising
from, available to, or to be made available to the
Immigration and Naturalization Service in connection with the
functions transferred pursuant to this title.
SEC. 1113. DETERMINATIONS WITH RESPECT TO FUNCTIONS AND
RESOURCES.
The Secretary shall determine, in accordance with the
corresponding criteria set forth in sections 1112(b),
1113(b), and 1114(b) of the Immigration and Nationality Act
(as added by this title)--
(1) which of the functions transferred under section 1111
are--
(A) immigration policy and administration functions;
(B) immigration service functions;
(C) immigration enforcement functions (excluding the border
patrol function and primary and secondary immigration
inspection functions); and
(D) the border patrol function and primary and secondary
immigration inspection functions; and
(2) which of the personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds
transferred under section 1112 were held or used, arose from,
were available to, or were made available, in connection with
the performance of the respective functions specified in
paragraph (1) immediately prior to the effective date of this
title.
SEC. 1114. DELEGATION AND RESERVATION OF FUNCTIONS.
(a) Delegation to the Directorates.--The Secretary shall
delegate--
(1) through the Under Secretary and subject to section
112(b)(1) of the Immigration and Nationality Act (as added by
section 1103)--
(A) immigration service functions to the Assistant
Secretary for Immigration Services; and
(B) immigration enforcement functions to the Assistant
Secretary for Immigration Enforcement; and
(2) the border patrol function and primary and secondary
immigration inspection functions to the Under Secretary for
Border and Transportation Security.
(b) Nonexclusive Delegations Authorized.--Delegations made
under subsection (a) may be made on a nonexclusive basis as
the Secretary may determine may be necessary to ensure the
faithful execution of the Secretary's responsibilities and
duties under law.
(c) Effect of Delegations.--Except as otherwise expressly
prohibited by law or otherwise provided in this title, the
Secretary may make delegations under this subsection to such
officers and employees of the office of the Under Secretary
for Immigration Affairs, and the Under Secretary for Border
and Transportation Security, respectively, as the Secretary
may designate, and may authorize successive redelegations of
such functions as may be necessary or appropriate. No
delegation of functions under this subsection or under any
other provision of this title shall relieve the official to
whom a function is transferred under this title of
responsibility for the administration of the function.
(d) Statutory Construction.--Nothing in this division may
be construed to limit the authority of the Under Secretary,
acting directly or by delegation under the Secretary, to
establish such offices or positions within the Directorate of
Immigration Affairs, in addition to those specified by this
division, as the Under Secretary may determine to be
necessary to carry out the functions of the Directorate.
SEC. 1115. ALLOCATION OF PERSONNEL AND OTHER RESOURCES.
(a) Authority of the Under Secretary.--
(1) In general.--Subject to paragraph (2) and section
1114(b), the Under Secretary shall make allocations of
personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used,
arising from, available to, or to be made available in
connection with the performance of the respective functions,
as determined under section 1113, in accordance with the
delegation of functions and the reservation of functions made
under section 1114.
(2) Limitation.--Unexpended funds transferred pursuant to
section 1112 shall be used only for the purposes for which
the funds were originally authorized and appropriated.
(b) Authority To Terminate Affairs of INS.--The Attorney
General in consultation with the Secretary, shall provide for
the termination of the affairs of the Immigration and
Naturalization Service and such further measures and
dispositions as may be necessary to effectuate the purposes
of this division.
(c) Treatment of Shared Resources.--The Under Secretary is
authorized to provide for an appropriate allocation, or
coordination, or both, of resources involved in supporting
shared support functions for the office of the Under
Secretary, the Service Bureau, and the Enforcement Bureau.
The Under Secretary shall maintain oversight
[[Page S9264]]
and control over the shared computer databases and systems
and records management.
SEC. 1116. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, recognition
of labor organizations, agreements, including collective
bargaining agreements, certificates, licenses, and
privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Attorney General, the
Commissioner of the Immigration and Naturalization Service,
their delegates, or any other Government official, or by a
court of competent jurisdiction, in the performance of any
function that is transferred under this title; and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to
their terms as in effect on such effective date);
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other authorized
official, a court of competent jurisdiction, or operation of
law, except that any collective bargaining agreement shall
remain in effect until the date of termination specified in
the agreement.
(b) Proceedings.--
(1) Pending.--Sections 111 through 116 of the Immigration
and Nationality Act, as added by subtitle A of this title,
shall not affect any proceeding or any application for any
benefit, service, license, permit, certificate, or financial
assistance pending on the effective date of this title before
an office whose functions are transferred under this title,
but such proceedings and applications shall be continued.
(2) Orders.--Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be made
pursuant to such orders, as if this Act had not been enacted,
and orders issued in any such proceeding shall continue in
effect until modified, terminated, superseded, or revoked by
a duly authorized official, by a court of competent
jurisdiction, or by operation of law.
(3) Discontinuance or modification.--Nothing in this
section shall be considered to prohibit the discontinuance or
modification of any such proceeding under the same terms and
conditions and to the same extent that such proceeding could
have been discontinued or modified if this section had not
been enacted.
(c) Suits.--This title, and the amendments made by this
title, shall not affect suits commenced before the effective
date of this title, and in all such suits, proceeding shall
be had, appeals taken, and judgments rendered in the same
manner and with the same effect as if this title, and the
amendments made by this title, had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other
proceeding commenced by or against the Department of Justice
or the Immigration and Naturalization Service, or by or
against any individual in the official capacity of such
individual as an officer or employee in connection with a
function transferred pursuant to this section, shall abate by
reason of the enactment of this Act.
(e) Continuance of Suit With Substitution of Parties.--If
any Government officer in the official capacity of such
officer is party to a suit with respect to a function of the
officer, and such function is transferred under this title to
any other officer or office, then such suit shall be
continued with the other officer or the head of such other
office, as applicable, substituted or added as a party.
(f) Administrative Procedure and Judicial Review.--Except
as otherwise provided by this title, any statutory
requirements relating to notice, hearings, action upon the
record, or administrative or judicial review that apply to
any function transferred under this title shall apply to the
exercise of such function by the head of the office, and
other officers of the office, to which such function is
transferred.
SEC. 1117. INTERIM SERVICE OF THE COMMISSIONER OF IMMIGRATION
AND NATURALIZATION.
The individual serving as the Commissioner of Immigration
and Naturalization on the day before the effective date of
this title may serve as Under Secretary until the date on
which an Under Secretary is appointed under section 112 of
the Immigration and Nationality Act, as added by section
1103.
SEC. 1118. OTHER AUTHORITIES NOT AFFECTED.
Nothing in this title, or any amendment made by this title,
may be construed to authorize or require the transfer or
delegation of any function vested in, or exercised by--
(1) the Secretary of State under the State Department Basic
Authorities Act of 1956, or under the immigration laws of the
United States, immediately prior to the effective date of
this title, with respect to the issuance and use of passports
and visas;
(2) the Secretary of Labor or any official of the
Department of Labor immediately prior to the effective date
of this title, with respect to labor certifications or any
other authority under the immigration laws of the United
States; or
(3) except as otherwise specifically provided in this
division, any other official of the Federal Government under
the immigration laws of the United States immediately prior
to the effective date of this title.
SEC. 1119. TRANSITION FUNDING.
(a) Authorization of Appropriations for Transition.--
(1) In general.--There are authorized to be appropriated to
the Department of Homeland Security such sums as may be
necessary--
(A) to effect--
(i) the abolition of the Immigration and Naturalization
Service;
(ii) the establishment of the Directorate of Immigration
Affairs and its components, the Bureau of Immigration
Services, and the Bureau of Enforcement (except for the
border patrol function and primary and secondary immigration
inspection functions);
(iii) the transfer to the Directorate of Border and
Transportation Protection of the border patrol function and
primary and secondary immigration inspection functions; and
(iv) the transfer of such other functions as are required
to be made under this division; and
(B) to carry out any other duty that is made necessary by
this division, or any amendment made by this division.
(2) Activities supported.--Activities supported under
paragraph (1) include--
(A) planning for the transfer of functions from the
Immigration and Naturalization Service to the Directorate of
Immigration Affairs and the Directorate of Border and
Transportation Security, as appropriate, including the
preparation of any reports and implementation plans necessary
for such transfer;
(B) the division, acquisition, and disposition of--
(i) buildings and facilities;
(ii) support and infrastructure resources; and
(iii) computer hardware, software, and related
documentation;
(C) other capital expenditures necessary to effect the
transfer of functions described in this paragraph;
(D) revision of forms, stationery, logos, and signage;
(E) expenses incurred in connection with the transfer and
training of existing personnel and hiring of new personnel;
and
(F) such other expenses necessary to effect the transfers,
as determined by the Secretary.
(b) Availability of Funds.--Amounts appropriated pursuant
to subsection (a) are authorized to remain available until
expended.
(c) Transition Account.--
(1) Establishment.--There is established in the general
fund of the Treasury of the United States a separate account,
which shall be known as the ``Directorate of Immigration
Affairs Transition Account'' (in this section referred to as
the ``Account'').
(2) Use of account.--There shall be deposited into the
Account all amounts appropriated under subsection (a) and
amounts reprogrammed for the purposes described in subsection
(a).
(d) Report to Congress on Transition.--Beginning not later
than 90 days after the effective date of division A of this
Act, and at the end of each fiscal year in which
appropriations are made pursuant to subsection (c), the
Secretary of Homeland Security shall submit a report to
Congress concerning the availability of funds to cover
transition costs, including--
(1) any unobligated balances available for such purposes;
and
(2) a calculation of the amount of appropriations that
would be necessary to fully fund the activities described in
subsection (a).
(e) Effective Date.--This section shall take effect 1 year
after the effective date of division A of this Act.
Subtitle C--Miscellaneous Provisions
SEC. 1121. FUNDING ADJUDICATION AND NATURALIZATION SERVICES.
(a) Level of Fees.--Section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)) is amended by striking
``services, including the costs of similar services provided
without charge to asylum applicants or other immigrants'' and
inserting ``services''.
(b) Use of Fees.--
(1) In general.--Each fee collected for the provision of an
adjudication or naturalization service shall be used only to
fund adjudication or naturalization services or, subject to
the availability of funds provided pursuant to subsection
(c), costs of similar services provided without charge to
asylum and refugee applicants.
(2) Prohibition.--No fee may be used to fund adjudication-
or naturalization-related audits that are not regularly
conducted in the normal course of operation.
(c) Refugee and Asylum Adjudication Services.--
(1) Authorization of appropriations.--In addition to such
sums as may be otherwise available for such purposes, there
are authorized to be appropriated such sums as may be
necessary to carry out the provisions of sections 207 through
209 of the Immigration and Nationality Act.
(2) Availability of funds.--Funds appropriated pursuant to
paragraph (1) are authorized to remain available until
expended.
(d) Separation of Funding.--
(1) In general.--There shall be established separate
accounts in the Treasury of the United States for
appropriated funds and other collections available for the
Bureau of Immigration Services and the Bureau of Enforcement.
(2) Fees.--Fees imposed for a particular service,
application, or benefit shall be deposited into the account
established under paragraph (1) that is for the bureau with
jurisdiction over the function to which the fee relates.
[[Page S9265]]
(3) Fees not transferable.--No fee may be transferred
between the Bureau of Immigration Services and the Bureau of
Enforcement for purposes not authorized by section 286 of the
Immigration and Nationality Act, as amended by subsection
(a).
(e) Authorization of Appropriations for Backlog
Reduction.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary for each of the fiscal years
2003 through 2006 to carry out the Immigration Services and
Infrastructure Improvement Act of 2000 (title II of Public
Law 106-313).
(2) Availability of funds.--Amounts appropriated under
paragraph (1) are authorized to remain available until
expended.
(3) Infrastructure improvement account.--Amounts
appropriated under paragraph (1) shall be deposited into the
Immigration Services and Infrastructure Improvements Account
established by section 204(a)(2) of title II of Public Law
106-313.
SEC. 1122. APPLICATION OF INTERNET-BASED TECHNOLOGIES.
(a) Establishment of On-Line Database.--
(1) In general.--Not later than 2 years after the effective
date of division A, the Secretary, in consultation with the
Under Secretary and the Technology Advisory Committee, shall
establish an Internet-based system that will permit an
immigrant, nonimmigrant, employer, or other person who files
any application, petition, or other request for any benefit
under the immigration laws of the United States access to on-
line information about the processing status of the
application, petition, or other request.
(2) Privacy considerations.--The Under Secretary shall
consider all applicable privacy issues in the establishment
of the Internet system described in paragraph (1). No
personally identifying information shall be accessible to
unauthorized persons.
(3) Means of access.--The on-line information under the
Internet system described in paragraph (1) shall be
accessible to the persons described in paragraph (1) through
a personal identification number (PIN) or other personalized
password.
(4) Prohibition on fees.--The Under Secretary shall not
charge any immigrant, nonimmigrant, employer, or other person
described in paragraph (1) a fee for access to the
information in the database that pertains to that person.
(b) Feasibility Study for On-Line Filing and Improved
Processing.--
(1) On-line filing.--
(A) In general.--The Under Secretary, in consultation with
the Technology Advisory Committee, shall conduct a study to
determine the feasibility of on-line filing of the documents
described in subsection (a).
(B) Study elements.--The study shall--
(i) include a review of computerization and technology of
the Immigration and Naturalization Service (or successor
agency) relating to immigration services and the processing
of such documents;
(ii) include an estimate of the time-frame and costs of
implementing on-line filing of such documents; and
(iii) consider other factors in implementing such a filing
system, including the feasibility of the payment of fees on-
line.
(2) Report.--Not later than 2 years after the effective
date of division A, the Under Secretary shall submit to the
Committees on the Judiciary of the Senate and the House of
Representatives a report on the findings of the study
conducted under this subsection.
(c) Technology Advisory Committee.--
(1) Establishment.--Not later than 1 year after the
effective date of division A, the Under Secretary shall
establish, after consultation with the Committees on the
Judiciary of the Senate and the House of Representatives, an
advisory committee (in this section referred to as the
``Technology Advisory Committee'') to assist the Under
Secretary in--
(A) establishing the tracking system under subsection (a);
and
(B) conducting the study under subsection (b).
(2) Composition.--The Technology Advisory Committee shall
be composed of--
(A) experts from the public and private sector capable of
establishing and implementing the system in an expeditious
manner; and
(B) representatives of persons or entities who may use the
tracking system described in subsection (a) and the on-line
filing system described in subsection (b)(1).
SEC. 1123. ALTERNATIVES TO DETENTION OF ASYLUM SEEKERS.
(a) Assignments of Asylum Officers.--The Under Secretary
shall assign asylum officers to major ports of entry in the
United States to assist in the inspection of asylum seekers.
For other ports of entry, the Under Secretary shall take
steps to ensure that asylum officers participate in the
inspections process.
(b) Amendment of the Immigration and Nationality Act.--
Chapter 4 of title II of the Immigration and Nationality Act
(8 U.S.C. 1221 et seq.) is amended by inserting after section
236A the following new section:
``SEC. 236B. ALTERNATIVES TO DETENTION OF ASYLUM SEEKERS.
``(a) Development of Alternatives to Detention.--The Under
Secretary shall--
``(1) authorize and promote the utilization of alternatives
to the detention of asylum seekers who do not have
nonpolitical criminal records; and
``(2) establish conditions for the detention of asylum
seekers that ensure a safe and humane environment.
``(b) Specific Alternatives for Consideration.--The Under
Secretary shall consider the following specific alternatives
to the detention of asylum seekers described in subsection
(a):
``(1) Parole from detention.
``(2) For individuals not otherwise qualified for parole
under paragraph (1), parole with appearance assistance
provided by private nonprofit voluntary agencies with
expertise in the legal and social needs of asylum seekers.
``(3) For individuals not otherwise qualified for parole
under paragraph (1) or (2), non-secure shelter care or group
homes operated by private nonprofit voluntary agencies with
expertise in the legal and social needs of asylum seekers.
``(4) Noninstitutional settings for minors such as foster
care or group homes operated by private nonprofit voluntary
agencies with expertise in the legal and social needs of
asylum seekers.
``(c) Regulations.--The Under Secretary shall promulgate
such regulations as may be necessary to carry out this
section.
``(d) Definition.--In this section, the term `asylum
seeker' means any applicant for asylum under section 208 or
any alien who indicates an intention to apply for asylum
under that section.''.
(b) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act is amended by inserting after
the item relating to section 236A the following new item:
``Sec. 236B. Alternatives to detention of asylum seekers.''.
Subtitle D--Effective Date
SEC. 1131. EFFECTIVE DATE.
This title, and the amendments made by this title, shall
take effect one year after the effective date of division A
of this Act.
TITLE XII--UNACCOMPANIED ALIEN JUVENILE PROTECTION
SEC. 1201. UNACCOMPANIED ALIEN JUVENILES.
(a) Custody Determinations.--
(1) In general.--
(A) Initial custody and care.--The custody and care of an
unaccompanied alien juvenile shall be the responsibility of
the Under Secretary of Immigration Affairs in the Department
of Homeland Security or the Under Secretary of Border and
Transportation Security, as determined under guidelines to be
promulgated by the Secretary.
(B) Transfer of custody and care.--Unless the juvenile is
described in subsection (b), the Department of Homeland
Security shall transfer custody and care of that juvenile to
the Office of Refugee Resettlement of the Department of
Health and Human Services.
(2) Exception.--Notwithstanding paragraph (1), the
Directorate of Immigration Affairs shall retain or assume the
custody and care of an unaccompanied alien juvenile--
(A) who has been charged with a felony;
(B) who has been convicted of a felony;
(C) who exhibits a violent or criminal behavior that
endangers others; or
(D) with respect to whom the Secretary of Homeland Security
has a substantial evidence to conclude that such juvenile
endangers the national security of the United States.
(b) Functions.--
(1) In general.--Pursuant to subsection (a)(2), the
Director of the Office of Refugee Resettlement shall be
responsible for--
(A) coordinating and implementing the custody and care of
unaccompanied alien juveniles who are in Federal custody by
reason of their immigration status, including developing a
plan to be submitted to the Congress on how to ensure that
qualified and independent legal counsel is timely appointed
to represent the interests of each such juvenile, consistent
with the law regarding appointment of counsel that is in
effect on the date of the enactment of this Act;
(B) ensuring that the interests of the juvenile are
considered in decisions and actions relating to the custody
and care of an unaccompanied alien juvenile;
(C) making placement determinations for all unaccompanied
alien juveniles who are in Federal custody by reason of their
immigration status;
(D) implementing placement determinations for such
unaccompanied alien juveniles;
(E) implementing policies with respect to the care and
placement of unaccompanied alien juveniles;
(F) identifying a sufficient number of qualified
individuals, entities, and facilities to house unaccompanied
alien juveniles;
(G) overseeing the infrastructure and personnel of
facilities in which unaccompanied alien juveniles are housed;
(H) reuniting unaccompanied alien juveniles with a parent
abroad in appropriate cases;
(I) compiling, updating, and publishing at least annually a
State-by-State list of professionals or other entities
qualified to provide guardian and attorney representation
services for unaccompanied alien juveniles;
(J) maintaining statistical information and other data on
unaccompanied alien juveniles for whose care and placement
the Director is responsible, which shall include--
(i) biographical information, such as a juvenile's name,
sex, date of birth, country of birth, and country of habitual
residence;
(ii) the date on which the juvenile came into Federal
custody by reason of his or her immigration status;
[[Page S9266]]
(iii) information relating to the juvenile's placement,
removal, or release from each facility in which the juvenile
has resided;
(iv) in any case in which the juvenile is placed in
detention or released, an explanation relating to the
detention or release; and
(v) the disposition of any actions in which the juvenile is
the subject;
(K) collecting and compiling statistical information from
the Department of Justice, the Department of Homeland
Security, and the Department of State on each department's
actions relating to unaccompanied alien juveniles; and
(L) conducting investigations and inspections of facilities
and other entities in which unaccompanied alien juveniles
reside.
(2) Coordination with other entities; no release on own
recognizance.--In making determinations described in
paragraph (1)(C), the Director of the Office of Refugee
Resettlement--
(A) shall consult with appropriate juvenile justice
professionals, the Director of Immigration Affairs of the
Department of Homeland Security to ensure that the
unaccompanied alien juveniles with respect to whom the
placement determinations are made--
(i) are likely to appear for all hearings or proceedings in
which they are involved;
(ii) are protected from smugglers, traffickers, or others
who might seek to victimize or otherwise engage them in
criminal, harmful, or exploitative activity; and
(iii) are placed in a setting in which they not likely to
pose a danger to themselves or others; and
(B) shall not release such juveniles upon their own
recognizance.
(3) Duties with respect to foster care.-- In carrying out
the duties described in paragraph (1)(G), the Director of the
Office of Refugee Resettlement is encouraged to consider the
use of the refugee children foster care system established
pursuant to section 412(d) of the Immigration and Nationality
Act (8 U.S.C. 1522(d)) for the placement of unaccompanied
alien juveniles.
(c) Appropriate Conditions for Detention of Unaccompanied
Alien Juveniles.--
(1) In general.--An unaccompanied alien juvenile described
in subsection (a)(2) may be placed in a facility appropriate
for delinquent juveniles under conditions appropriate to the
behavior of such juvenile.
(2) Restriction on detention in adult detention
facilities.--To the maximum extent practicable, and
consistent with the protection of the juvenile and others, an
unaccompanied alien juvenile shall not be placed in an adult
detention facility.
(d) Rule of Construction.--Nothing in this section may be
construed to transfer the responsibility for adjudicating
benefit determinations or making enforcement determinations
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) from the authority of any official of the Department of
Justice, the Department of Homeland Security, or the
Department of State, as the case may be.
(e) Transfer of Functions.--There are transferred to the
Director of the Office of Refugee Resettlement of the
Department of Health and Human Services functions under the
immigration and nationality laws of the United States with
respect to the custody and care of unaccompanied alien
juveniles that were vested by statute in, or performed by,
the Commissioner of the Immigration and Naturalization
Service (or any officer, employee, or component of the
Immigration and Naturalization Service) immediately before
the effective date specified in subsection (i).
(f) Other Transition Matters.--
(1) Exercise of authorities.--Except as otherwise provided
by law, a Federal official to whom a function is transferred
by this section may, for purposes of performing the function,
exercise all authorities under any other provision of law
that were available with respect to the performance of that
function to the official responsible for the performance of
the function immediately before the effective date specified
in subsection (i).
(2) Savings provisions.--Subsections (a), (b), and (c) of
section 812 shall apply to a transfer of functions under this
section in the same manner as such provisions apply to a
transfer of functions under this Act to the Department of
Homeland Security.
(3) Transfer and allocation of appropriations.--The assets,
liabilities, contracts, property, records, and unexpended
balance of appropriations, authorizations, allocations, and
other funds employed, held, used, arising from, available to,
or to be made available to, the Immigration and
Naturalization Service in connection with the functions
transferred by this section, subject to section 202 of the
Budget and Accounting Procedures Act of 1950, shall be
transferred to the Director of the Office of Refugee
Resettlement for allocation to the appropriate component of
the Department of Health and Human Services. Unexpended funds
transferred pursuant to this paragraph shall be used only for
the purposes for which the funds were originally authorized
and appropriated.
(g) References.--With respect to any function transferred
by this section, any reference in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or pertaining to a component of
government from which such function is transferred--
(1) to the head of such component is deemed to refer to the
Director of the Office of Refugee Resettlement; or
(2) to such component is deemed to refer to the Office of
Refugee Resettlement of the Department of Health and Human
Services.
(h) Definitions.--In this section:
(1) Lawfully present in the united states.--The term
``lawfully present in the United States'' means, with respect
to an alien, an alien who is--
(A) an alien who is lawfully admitted for permanent
residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act);
(B) an alien who is a nonimmigrant alien described in
section 101(a)(15) of the Immigration and Nationality Act;
(C) an alien who is a special immigrant described in
section 101(a)(27) of the Immigration and Nationality Act;
(D) an alien who is granted asylum under section 208 of
that Act;
(E) a refugee who is admitted to the United States under
section 207 of that Act;
(F) an alien who is paroled into the United States under
section 212(d)(5) of that Act; or
(G) an alien whose deportation is being withheld under
section 243(h) of the Immigration and Nationality Act (as in
effect before April 1, 1997) or section 241(b)(3) of the
Immigration and Nationality Act.
(2) Placement.--The term ``placement'' means the placement
of an unaccompanied alien juvenile in either a detention
facility or an alternative to such a facility.
(3) Unaccompanied alien juvenile.--The term ``unaccompanied
alien juvenile'' means an alien who--
(A) is not lawfully present in the United States;
(B) has not attained 18 years of age; and
(C) with respect to whom--
(i) there is no parent or legal guardian in the United
States; or
(ii) no parent or legal guardian in the United States is
available to provide care and physical custody.
(i) Effective Date.--Notwithstanding section 4, this
section shall take effect on the date on which the transfer
of functions specified under section 411 takes effect.
TITLE XIII--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
SEC. 1301. LEGAL STATUS OF EOIR.
(a) Existence of EOIR.--There is in the Department of
Justice the Executive Office for Immigration Review, which
shall be subject to the direction and regulation of the
Attorney General under section 103(g) of the Immigration and
Nationality Act, as added by section 1302.
SEC. 1302. AUTHORITIES OF THE ATTORNEY GENERAL.
Section 103 of the Immigration and Nationality Act (8
U.S.C. 1103) as amended by this Act, is further amended by--
(1) amending the heading to read as follows:
``powers and duties of the secretary, the under secretary, and the
attorney general'';
(2) in subsection (a)--
(A) by inserting ``Attorney General,'' after
``President,''; and
(B) by redesignating paragraphs (8), (9), (8) (as added by
section 372 of Public Law 104-208), and (9) (as added by
section 372 of Public Law 104-208) as paragraphs (8), (9),
(10), and (11), respectively; and
(3) by adding at the end the following new subsection:
``(g) Attorney General.--
``(1) In general.--The Attorney General shall have such
authorities and functions under this Act and all other laws
relating to the immigration and naturalization of aliens as
were exercised by the Executive Office for Immigration
Review, or by the Attorney General with respect to the
Executive Office for Immigration Review, on the day before
the effective date of the Immigration Reform, Accountability
and Security Enhancement Act of 2002.
``(2) Powers.--The Attorney General shall establish such
regulations, prescribe such forms of bond, reports, entries,
and other papers, issue such instructions, review such
administrative determinations in immigration proceedings,
delegate such authority, and perform such other acts as the
Attorney General determines to be necessary for carrying out
this section.''.
SEC. 1303. STATUTORY CONSTRUCTION.
Nothing in this Act, any amendment made by this Act, or in
section 103 of the Immigration and Nationality Act, as
amended by section 1302, shall be construed to limit judicial
deference to regulations, adjudications, interpretations,
orders, decisions, judgments, or any other actions of the
Secretary of Homeland Security or the Attorney General.
DIVISION C--FEDERAL WORKFORCE IMPROVEMENT
TITLE XXI--CHIEF HUMAN CAPITAL OFFICERS
SEC. 2101. SHORT TITLE.
This title may be cited as the ``Chief Human Capital
Officers Act of 2002''.
SEC. 2102. AGENCY CHIEF HUMAN CAPITAL OFFICERS.
(a) In General.--Part II of title 5, United States Code, is
amended by inserting after chapter 13 the following:
``CHAPTER 14--AGENCY CHIEF HUMAN CAPITAL OFFICERS
``Sec.
``1401. Establishment of agency Chief Human Capital Officers.
``1402. Authority and functions of agency Chief Human Capital Officers.
[[Page S9267]]
``Sec. 1401. Establishment of agency Chief Human Capital
Officers
``The head of each agency referred to under paragraphs (1)
and (2) of section 901(b) of title 31 shall appoint or
designate a Chief Human Capital Officer, who shall--
``(1) advise and assist the head of the agency and other
agency officials in carrying out the agency's
responsibilities for selecting, developing, training, and
managing a high-quality, productive workforce in accordance
with merit system principles;
``(2) implement the rules and regulations of the President
and the Office of Personnel Management and the laws governing
the civil service within the agency; and
``(3) carry out such functions as the primary duty of the
Chief Human Capital Officer.
``Sec. 1402. Authority and functions of agency Chief Human
Capital Officers
``(a) The functions of each Chief Human Capital Officer
shall include--
``(1) setting the workforce development strategy of the
agency;
``(2) assessing workforce characteristics and future needs
based on the agency's mission and strategic plan;
``(3) aligning the agency's human resources policies and
programs with organization mission, strategic goals, and
performance outcomes;
``(4) developing and advocating a culture of continuous
learning to attract and retain employees with superior
abilities;
``(5) identifying best practices and benchmarking studies,
and
``(6) applying methods for measuring intellectual capital
and identifying links of that capital to organizational
performance and growth.
``(b) In addition to the authority otherwise provided by
this section, each agency Chief Human Capital Officer--
``(1) shall have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other
material that--
``(A) are the property of the agency or are available to
the agency; and
``(B) relate to programs and operations with respect to
which that agency Chief Human Capital Officer has
responsibilities under this chapter; and
``(2) may request such information or assistance as may be
necessary for carrying out the duties and responsibilities
provided by this chapter from any Federal, State, or local
governmental entity.''.
(b) Technical and Conforming Amendment.--The table of
chapters for chapters for part II of title 5, United States
Code, is amended by inserting after the item relating to
chapter 13 the following:
``14. Agency Chief Human Capital Officers...................1401''.....
SEC. 2103. CHIEF HUMAN CAPITAL OFFICERS COUNCIL.
(a) Establishment.--There is established a Chief Human
Capital Officers Council, consisting of--
(1) the Director of the Office of Personnel Management, who
shall act as chairperson of the Council;
(2) the Deputy Director for Management of the Office of
Management and Budget, who shall act as vice chairperson of
the Council; and
(3) the Chief Human Capital Officers of Executive
departments and any other members who are designated by the
Director of the Office of Personnel Management.
(b) Functions.--The Chief Human Capital Officers Council
shall meet periodically to advise and coordinate the
activities of the agencies of its members on such matters as
modernization of human resources systems, improved quality of
human resources information, and legislation affecting human
resources operations and organizations.
(c) Employee Labor Organizations at Meetings.--The Chief
Human Capital Officers Council shall ensure that
representatives of Federal employee labor organizations are
present at a minimum of 1 meeting of the Council each year.
Such representatives shall not be members of the Council.
(d) Annual Report.--Each year the Chief Human Capital
Officers Council shall submit a report to Congress on the
activities of the Council.
SEC. 2104. STRATEGIC HUMAN CAPITAL MANAGEMENT.
Section 1103 of title 5, United States Code, is amended by
adding at the end the following:
``(c)(1) The Office of Personnel Management shall design a
set of systems, including appropriate metrics, for assessing
the management of human capital by Federal agencies.
``(2) The systems referred to under paragraph (1) shall be
defined in regulations of the Office of Personnel Management
and include standards for--
``(A)(i) aligning human capital strategies of agencies with
the missions, goals, and organizational objectives of those
agencies; and
``(ii) integrating those strategies into the budget and
strategic plans of those agencies;
``(B) closing skill gaps in mission critical occupations;
``(C) ensuring continuity of effective leadership through
implementation of recruitment, development, and succession
plans;
``(D) sustaining a culture that cultivates and develops a
high performing workforce;
``(E) developing and implementing a knowledge management
strategy supported by appropriate investment in training and
technology; and
``(F) holding managers and human resources officers
accountable for efficient and effective human resources
management in support of agency missions in accordance with
merit system principles.''.
SEC. 2105. EFFECTIVE DATE.
This title shall take effect 180 days after the date of
enactment of this division.
TITLE XXII--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
SEC. 2201. INCLUSION OF AGENCY HUMAN CAPITAL STRATEGIC
PLANNING IN PERFORMANCE PLANS AND PROGRAMS
PERFORMANCE REPORTS.
(a) Performance Plans.--Section 1115 of title 31, United
States Code, is amended--
(1) in subsection (a), by striking paragraph (3) and
inserting the following:
``(3) provide a description of how the performance goals
and objectives are to be achieved, including the operation
processes, training, skills and technology, and the human,
capital, information, and other resources and strategies
required to meet those performance goals and objectives.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following:
``(f) With respect to each agency with a Chief Human
Capital Officer, the Chief Human Capital Officer shall
prepare that portion of the annual performance plan described
under subsection (a)(3).''.
(b) Program Performance Reports.--Section 1116(d) of title
31, United States Code, is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) include a review of the performance goals and
evaluation of the performance plan relative to the agency's
strategic human capital management; and''.
SEC. 2202. REFORM OF THE COMPETITIVE SERVICE HIRING PROCESS.
(a) In General.--Chapter 33 of title 5, United States Code,
is amended--
(1) in section 3304(a)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period and inserting
``; and''; and
(C) by adding at the end of the following:
``(3) authority for agencies to appoint, without regard to
the provision of sections 3309 through 3318, candidates
directly to positions for which--
``(A) public notice has been given; and
``(B) the Office of Personnel Management has determined
that there exists a severe shortage of candidates or there is
a critical hiring need.
The Office shall prescribe, by regulation, criteria for
identifying such positions and may delegate authority to make
determinations under such criteria.''; and
(2) by inserting after section 3318 the following:
``Sec. 3319. Alternative ranking and selection procedures
``(a) The Office, in exercising its authority under section
3304, or an agency to which the Office has delegated
examining authority under section 1104(a)(2), may establish
category rating systems for evaluating applicants for
positions in the competitive service, under 2 or more quality
categories based on merit consistent with regulations
prescribed by the Office of Personnel Management, rather than
assigned individual numerical ratings.
``(b) Within each quality category established under
subsection (a), preference-eligibles shall be listed ahead of
individuals who are not preference eligibles. For other than
scientific and professional positions at GS-9 of the General
Schedule (equivalent or higher), qualified preference-
eligibles who have a compensable service-connected disability
of 10 percent or more shall be listed in the highest quality
category.
``(c)(1) An appointing official may select any applicant in
the highest quality category or, if fewer than 3 candidates
have been assigned to the highest quality category, in a
merged category consisting of the highest and the second
highest quality categories.
``(2) Notwithstanding paragraph (1), the appointing
official may not pass over a preference-eligible in the same
category from which selection is made, unless the
requirements of section 3317(b) or 3318(b), as applicable,
are satisfied.
``(d) Each agency that establishes a category rating system
under this section shall submit in each of the 3 years
following that establishment, a report to Congress on that
system including information on--
``(1) the number of employees hired under that system;
``(2) the impact that system has had on the hiring of
veterans and minorities, including those who are American
Indian or Alaska Natives, Asian, Black or African American,
and native Hawaiian or other Pacific Islanders; and
``(3) the way in which managers were trained in the
administration of that system.
``(e) The Office of Personnel Management may prescribe such
regulations as it considers necessary to carry out the
provisions of this section.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 33 of title 5, United States Code, is
amended by
[[Page S9268]]
striking the item relating to section 3319 and inserting the
following:
``3319. Alternative ranking and selection procedures.''.
SEC. 2203. PERMANENT EXTENSION, REVISION, AND EXPANSION OF
AUTHORITIES FOR USE OF VOLUNTARY SEPARATION
INCENTIVE PAY AND VOLUNTARY EARLY RETIREMENT.
(a) Voluntary Separation Incentive Payments.--
(1) In general.--
(A) Amendment to title 5, united states code.--Chapter 35
of title 5, United States Code, is amended by inserting after
subchapter I the following:
``SUBCHAPTER II--VOLUNTARY SEPARATION INCENTIVE PAYMENTS
``Sec. 3521. Definitions
``In this subchapter, the term--
``(1) `agency' means an Executive agency as defined under
section 105; and
``(2) `employee'--
``(A) means an employee as defined under section 2105
employed by an agency and an individual employed by a county
committee established under section 8(b)(5) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C.
590h(b)(5)) who--
``(i) is serving under an appointment without time
limitation; and
``(ii) has been currently employed for a continuous period
of at least 3 years; and
``(B) shall include--
``(i) a reemployed annuitant under subchapter III of
chapter 83 or 84 or another retirement system for employees
of the Government;
``(ii) an employee having a disability on the basis of
which such employee is or would be eligible for disability
retirement under subchapter III of chapter 83 or 84 or
another retirement system for employees of the Government.
``(iii) an employee who is in receipt of a decision notice
of involuntary separation for misconduct or unacceptable
performance;
``(iv) an employee who has previously received any
voluntary separation incentive payment from the Federal
Government under this subchapter or any other authority;
``(v) an employee covered by statutory reemployment rights
who is on transfer employment with another organization; or
``(vi) any employee who--
``(I) during the 36-month period preceding the date of
separation of that employee, performed service for which a
student loan repayment benefit was or is to be paid under
section 5379;
``(II) during the 24-month period preceding the date of
separation of that employee, performed service for which a
recruitment or relocation bonus was or is to be paid under
section 5753; or
``(III) during the 12-month period preceding the date of
separation of that employee, performed service for which a
retention bonus was or is to be paid under section 5754.
``Sec. 3522. Agency plans; approval
``(a) Before obligating any resources for voluntary
separation incentive payments, the head of each agency shall
submit to the Office of Personnel Management a plan outlining
the intended use of such incentive payments and a proposed
organizational chart for the agency once such incentive
payments have been completed.
``(b) The plan of an agency under subsection (a) shall
include--
``(1) the specific positions and functions to be reduced or
eliminated;
``(2) a description of which categories of employees will
be offered incentives;
``(3) the time period during which incentives may be paid;
``(4) the number and amounts of voluntary separation
incentive payments to be offered; and
``(5) a description of how the agency will operate without
the eliminated positions and functions.
``(c) The Director of the Office of Personnel Management
shall review each agency's plan an may make any appropriate
modifications in the plan, in consultation with the Director
of the Office of Management and Budget. A plan under this
section may not be implemented without the approval of the
Directive of the Office of Personnel Management.
``Sec. 3523. Authority to provide voluntary separation
incentive payments
``(a) A voluntary separation incentive payment under this
subchapter may be paid to an employee only as provided in the
plan of an agency established under section 3522.
``(b) A voluntary incentive payment--
``(1) shall be offered to agency employees on the basis
of--
``(A) 1 or more organizational units;
``(B) 1 or more occupational series or levels;
``(C) 1 or more geographical locations;
``(D) skills, knowledge, or other factors related to a
position;
``(E) specific periods of time during which eligible
employees may elect a voluntary incentive payment; or
``(F) any appropriate combination of such factors;
``(2) shall be paid in a lump sum after the employee's
separation;
``(3) shall be equal to the lesser of--
``(A) an amount equal to the amount the employee would be
entitled to receive under section 5595(c)if the employee were
entitled to payment under such section (without adjustment
for any previous payment made); or
``(B) an amount determined by the agency head, not to
exceed $25,000;
``(4) may be made only in the case of an employee who
voluntarily separates (whether by retirement or resignation)
under this subchapter;
``(5) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
``(6) shall not be taken into account in determining the
amount of any severance pay to which the employee may be
entitled under section 5595, based on another other
separation; and
``(7) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
``Sec. 3524. Effect of subsequent employment with the
Government
``(a) The term `employment'--
``(1) in subsection (b) includes employment under a
personal services contract (or other direct contract) with
the United States Government (other than an entity in the
legislative branch); and
``(2) in subsection (c) does not include employment under
such a contract.
``(b) An individual who has received a voluntary separation
incentive payment under this subchapter and accepts any
employment for compensation with the Government of the United
States with 5 years after the date of the separation on which
the payment is based shall be required to pay, before the
individual's first day of employment, the entire amount of
the incentive payment to he agency that paid the incentive
payment.
``(c)(1) If the employment under this section is with an
agency, other than the General Accounting Office, the United
States Postal Service, or the Postal Rate Commission, the
Director of the Office of Personnel Management may, at the
request of the head of the agency, may waive the repayment
if--
``(A) the individual involved possesses unique abilities
and is the only qualified applicant available for the
position; or
``(B) in case of an emergency involving a direct threat to
life or property, the individual--
``(i) has skills directly related to resolving the
emergency; and
``(ii) will serve on a temporary basis only so long as that
individual's services are made necessary by the emergency.
``(2) If the employment under this section is with an
entity in the legislative branch, the head of the entity or
the appointing official may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
``(3) If the employment under this section is with the
judicial branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
``Sec. 3525. Regulations
``The Office of Personnel Management may prescribe
regulations to carry out this subchapter.''.
(B) Technical and conforming amendments.--Chapter 35 of
title 5, United States Code, is amended--
(i) by striking the chapter heading and inserting the
following:
``CHAPTER 35--RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE
PAYMENTS, RESTORATION, AND REEMPLOYMENT'';
and
(ii) in the table of sections by inserting after the item
relating to section 3504 the following:
``Subchapter II--Voluntary Separation Incentive Payments
``3521. Definitions.
``3522. Agency plans; approval.
``3523. Authority to provide voluntary separation incentive payments.
``3524. Effect of subsequent employment with the Government.
``3525. Regulations.''.
(2) Administrative office of the united states courts.--The
Director of the Administrative Office of the United States
Courts may, by regulation, establish a program substantially
similar to the program established under paragraph (1) for
individuals serving in the judicial branch.
(3) Continuation of other authority.--Any agency exercising
any voluntary separation incentive authority in effect on the
effective date of this subsection may continue to offer
voluntary separation incentives consistent with that
authority until that authority expires.
(4) Effective date.--This subsection shall take effect 60
days after the date of enactment of this Act.
(b) Federal Employee Voluntary Early Retirement.--
(1) Civil service retirement system.--Section 8336(d)(2) of
title 5, United States Code, is amended to read as follows:
``(2)(A) has been employed continuously, by the agency in
which the employee is serving, for at least the 31-day period
ending on the date on which such agency requests the
determination referred to in subparagraph (D);
``(B) is serving under an appointment that is not time
limited;
``(C) has not been duly notified that such employee is to
be involuntarily separated for misconduct or unacceptable
performance;
[[Page S9269]]
``(D) is separated from the service voluntarily during a
period in which, as determined by the office of Personnel
Management (upon request of the agency) under regulations
prescribed by the Office--
``(i) such agency (or, if applicable, the component in
which the employee is serving) is undergoing substantial
delayering, substantial reorganization, substantial
reductions in force, substantial transfer of function, or
other substantial workforce restructuring (or shaping);
``(ii) a significant percentage of employees servicing in
such agency (or component) are likely to be separated or
subject to an immediate reduction in the rate of basic pay
(without regard to subchapter VI of chapter 53, or comparable
provisions); or
``(iii) identified as being in positions which are becoming
surplus or excess to the agency's future ability to carry out
its mission effectively; and
``(E) as determined by the agency under regulations
prescribed by the Office, is within the scope of the offer of
voluntary early retirement, which may be made on the basis
of--
``(i) 1 or more organizational units;
``(ii) 1 or more occupational series or levels;
``(iii) 1 or more geographical locations;
``(iv) specific periods;
``(v) skills, knowledge, or other factors related to a
position; or
``(vi) any appropriate combination of such factors;''.
(2) Federal employees' retirement system.--Section
8414(b)(1) of title 5, United States Code, is amended by
striking subparagraph (B) and inserting the following:
``(B)(i) has been employed continuously, by the agency in
which the employee is serving, for at least the 31-day period
ending on the date on which such agency requests the
determination referred to in clause (iv);
``(ii) is serving under an appointment that is not time
limited;
``(iii) has not been duly notified that such employee is to
be involuntarily separated for misconduct or unacceptable
performance;
``(iv) is separate from the service voluntarily during a
period in which, as determined by the Office of Personnel
Management (upon request of the agency) under regulations
prescribed by the Office--
``(I) such agency (or, if applicable, the component in
which the employee is serving) is undergoing substantial
delayering, substantial reorganization, substantial
reductions in force, substantial transfer of function, or
other substantial workforce restructuring (or shaping);
``(II) a significant percentage of employees serving in
such agency (or component) are likely to be separated or
subject to an immediate reduction in the rate of basic pay
(without regard to subchapter VI of chapter 53, or comparable
provisions); or
``(III) identified as being in positions which are becoming
surplus or excess to the agency's future ability to carry out
its mission effectively; and
``(v) as determined by the agency under regulations
prescribed by the Office, is within the scope of the offer of
voluntary early retirement, which may be made on the basis
of--
``(I) 1 or more organizational units;
``(II) 1 or more occupational series or levels;
``(III) 1 or more geographical locations;
``(IV) specific periods;
``(V) skills, knowledge, or other factors related to a
position; or
``(VI) any appropriate combination of such factors.''.
(3) General accounting office authority.--The amendments
made by this subsection shall not be construed to affect the
authority under section 1 of Public Law 106-303 (5 U.S.C.
8336 note; 114 State. 1063).
(4) Technical and conforming amendments.--Section 7001 of
the 1998 Supplemental Appropriations and Rescissions Act
(Public Law 105-174; 112 Stat. 91) is repealed.
(5) Regulations.--The Office of Personnel Management may
prescribe regulations to carry out this subsection.
(c) Sense of Congress.--It is the sense of Congress that
the implementation of this section is intended to reshape the
Federal workforce and not downsize the Federal workforce.
SEC. 2204. STUDENT VOLUNTEER TRANSIT SUBSIDY.
(a) In General.--Section 7905(a)(1) of title 5, United
States Code, is amended by striking ``and a member of a
uniformed service'' and inserting ``, a member of a uniformed
service, and a student who provides voluntary services under
section 3111''.
(b) Technical and Conforming Amendment.--Section 3111(c)(1)
of title 5, United States Code, is amended by striking
``chapter 81 of this title'' and inserting ``section 7905
(relating to commuting by means other than single-occupancy
motor vehicles), chapter 81''.
TITLE XXIII--REFORMS RELATING TO THE SENIOR EXECUTIVE SERVICE
SEC. 2301. REPEAL OF RECERTIFICATION REQUIREMENTS OF SENIOR
EXECUTIVES.
(a) In General.--Title 5, United States Code, is amended--
(1) in chapter 33--
(A) in section 3393(g) by striking ``3393a'';
(B) by repealing section 3393a; and
(C) in the table of sections by striking the item relating
to section 3393a;
(2) in chapter 35--
(A) in section 3592(a)--
(i) in paragraph (1), by inserting ``or'' at the end;
(ii) in paragraph (2), by striking ``or'' at the end;
(iii) by striking paragraph (3); and
(iv) by striking the last sentence;
(B) in section 3593(a), by striking paragraph (2) and
inserting the following:
``(2) the appointee left the Senior Executive Service for
reasons other than misconduct, neglect of duty, malfeasance,
or less than fully successful executive performance as
determined under subchapter II of chapter 43.''; and
(C) in section 3594(b)--
(i) in paragraph (1), by inserting ``or'' at the end;
(ii) in paragraph (2), by striking ``or'' at the end; and
(iii) by striking paragraph (3);
(3) in section 7701(c)(1)(A), by striking ``or removal from
the Senior Executive Service for failure to be recertified
under section 3393a'';
(4) in chapter 83--
(A) in section 8336(h)(1), by striking ``for failure to be
recertified as a senior executive under section 3393a or'';
and
(B) in section 8339(h), in the first sentence, by striking
``, except that such reduction shall not apply in the case of
an employee retiring under section 8336(h) for failure to be
recertified as a senior executive''; and
(5) in chapter 84--
(A) in section 8414(a)(1), by striking ``for failure to be
recertified as a senior executive under section 3393a or'';
and
(B) in section 8421(a)(2), by striking ``, except that an
individual entitled to an annuity under section 8414(a) for
failure to be recertified as a senior executive shall be
entitled to an annuity supplement without regard to such
applicable retirement age''.
(b) Savings Provision.--Notwithstanding the amendments made
by subsection (a)(2)(A), an appeal under the final sentence
of section 3592(a) of title 5, United States Code, that is
pending on the day before the effective date of this
section--
(1) shall not abate by reason of the enactment of the
amendments made by subsection (a)(2)(A); and
(2) shall continue as if such amendments had not been
enacted.
(c) Application.--The amendment made by subsection
(a)(2)(B) shall not apply with respect to an individual who,
before the effective date of this section, leaves the Senior
Executive Service for failure to be recertified as a senior
executive under section 3393a of title 5, United States Code.
SEC. 2302. ADJUSTMENT OF LIMITATION ON TOTAL ANNUAL
COMPENSATION.
Section 5307(a) of title 5, United States Code, is amended
by adding at the end the following:
``(3) Notwithstanding paragraph (1), the total payment
referred to under such paragraph with respect to an employee
paid under section 5372, 5376, or 5383 of title 5 or section
332(f), 603, or 604 of title 28 shall not exceed the total
annual compensation payable to the Vice President under
section 104 of title 3. Regulations prescribed under
subsection (c) may extend the application of this paragraph
to other equivalent categories of employees.''.
TITLE XXIV--ACADEMIC TRAINING
SEC. 2401. ACADEMIC TRAINING.
(a) Academic Degree Training.--Section 4107 of title 5,
United States Code, is amended to read as follows:
``Sec. 4107. Academic degree training
``(a) Subject to subsection (b), an agency may select and
assign an employee to academic degree training and may pay or
reimburse the costs of academic degree training from
appropriated or other available funds if such training--
``(1) contributes significantly to--
``(A) meeting an identified agency training need;
``(B) resolving an identified agency staffing problem; or
``(C) accomplishing goals in the strategic plan of the
agency;
``(2) is part of a planned, systemic, and coordinated
agency employee development program linked to accomplishing
the strategic goals of the agency; and
``(3) is accredited and is provided by a college or
university that is accredited by a nationally recognized
body.
``(b) In exercising authority under subsection (a), an
agency shall--
``(1) consistent with the merit system principles set forth
in paragraphs (2) and (7) of section 2301(b), take into
consideration the need to--
``(A) maintain a balanced workforce in which women, members
of racial and ethnic minority groups, and persons with
disabilities are appropriately represented in Government
service; and
``(B) provide employees effective education and training to
improve organizational and individual performance;
``(2) assure that the training is not for the sole purpose
of providing an employee an opportunity to obtain an academic
degree or qualify for appointment to a particular position
for which the academic degree is a basic requirement;
``(3) assure that no authority under this subsection is
exercised on behalf of any employee occupying or seeking to
qualify for--
``(A) a noncareer appointment in the senior Executive
Service; or
``(B) appointment to any position that is excepted from the
competitive service because of its confidential policy-
determining,
[[Page S9270]]
policy-making or policy-advocating character; and
``(4) to the greatest extent practicable, facilitate the
use of online degree training.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 41 of title 5, United States Code, is
amended by striking the item relating to section 4107 and
inserting the following:
``4107. Academic degree training.''.
SEC. 2402. MODIFICATIONS TO NATIONAL SECURITY EDUCATION
PROGRAM.
(a) Findings and Policies.--
(1) Findings.--Congress finds that--
(A) the United States Government actively encourages and
financially supports the training, education, and development
of many United States citizens;
(B) as a condition of some of those supports, many of those
citizens have an obligation to seek either compensated or
uncompensated employment in the Federal sector; and
(C) it is in the United States national interest to
maximize the return to the Nation of funds invested in the
development of such citizens by seeking to employ them in the
Federal sector.
(2) Policy.--It shall be the policy of the United States
Government to--
(A) establish procedures for ensuring that United States
citizens who have incurred service obligations as the result
of receiving financial support for education and training
from the United States Government and have applied for
Federal positions are considered in all recruitment and
hiring initiatives of Federal departments, bureaus, agencies,
and offices; and
(B) advertise and open all Federal positions to United
States citizens who have incurred service obligations with
the United States Government as the result of receiving
financial support for education and training from the United
States Government.
(b) Fulfillment of Service Requirement if National Security
Positions Are Unavailable.--Section 802(b)(2) of the David L.
Boren National Security Education Act of 1991 (50 U.S.C.
1902) is amended--
(1) in subparagraph (A), by striking clause (ii) and
inserting the following:
``(ii) if the recipient demonstrates to the Secretary (in
accordance with such regulations) that no national security
position in an agency or office of the Federal Government
having national security responsibilities is available, work
in other offices or agencies of the Federal Government or in
the field of higher education in a discipline relating to the
foreign country, foreign language, area study, or
international field of study for which the scholarship was
awarded, for a period specified by the Secretary, which
period shall be determined in accordance with clause (i);
or''; and
(2) in subparagraph (B), by striking clause (ii) and
inserting the following:
``(ii) if the recipient demonstrates to the Secretary (in
accordance with such regulations) that no national security
position is available upon the completion of the degree, work
in other offices or agencies of the Federal Government or in
the field of higher education in a discipline relating to
foreign country, foreign language, area study, or
international field of study for which the fellowship was
awarded, for a period specified by the Secretary, which
period shall be determined in accordance with clause (i);
and''.
SEC. 2403. COMPENSATION TIME OFF FOR TRAVEL.
Subchapter V of chapter 55 of title 5, United States Code,
is amended by adding at end the following:
``Sec. 5550b. Compensatory time off for travel
``(a) An employee shall receive 1 hour of compensatory time
off for each hour spent by the employee in travel status away
from the official duty station of the employee, to the extent
that the time spent in travel status is not otherwise
compensable.
``(b) Not later than 30 days after the date of enactment of
this section, the Office of Personnel Management shall
prescribe regulations to implement this section.''.
SEC. 2404. EXTENSION OF CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended
by striking ``September 30, 2003'' and inserting ``December
31, 2007''.
TITLE XXXI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED
STATES
SEC. 3101. ESTABLISHMENT OF COMMISSION.
There is established the National Commission on Terrorist
Attacks Upon the United States (in this title referred to as
the ``Commission'').
SEC. 3102. PURPOSES.
The purposes of the Commission are to--
(1) examine and report upon the facts and causes relating
to the terrorist attacks of September 11, 2001, occurring at
the World Trade Center in New York, New York and at the
Pentagon in Virginia;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the attacks;
(3) build upon the investigations of other entities, and
avoid unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of--
(A) the Joint Inquiry of the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives regarding the
terrorist attacks of September 11, 2001;
(B) other executive branch, congressional, or independent
commission investigations into the terrorist attacks of
September 11, 2001, other terrorist attacks, and terrorism
generally;
(4) make a full and complete accounting of the
circumstances surrounding the attacks, and the extent of the
United States' preparedness for, and response to, the
attacks; and
(5) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for corrective
measures that can be taken to prevent acts of terrorism.
SEC. 3103. COMPOSITION OF THE COMMISSION.
(a) Members.--The Commission shall be composed of 10
members, of whom--
(1) 3 members shall be appointed by the majority leader of
the Senate;
(2) 3 members shall be appointed by the Speaker of the
House of Representatives;
(3) 2 members shall be appointed by the minority leader of
the Senate; and
(4) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Chairperson; Vice Chairperson.--
(1) In general.--Subject to paragraph (2), the Chairperson
and Vice Chairperson of the Commission shall be elected by
the members.
(2) Political party affiliation.--The Chairperson and Vice
Chairperson shall not be from the same political party.
(c) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the
Federal Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, law enforcement, the armed services,
legal practice, public administration, intelligence
gathering, commerce, including aviation matters, and foreign
affairs.
(4) Initial meeting.--If 60 days after the date of
enactment of this Act, 6 or more members of the Commission
have been appointed, those members who have been appointed
may meet and, if necessary, select a temporary chairperson,
who may begin the operations of the Commission, including the
hiring of staff.
(d) Quorum; Vacancies.--After its initial meeting, the
Commission shall meet upon the call of the chairperson or a
majority of its members. Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
SEC. 3104. FUNCTIONS OF THE COMMISSION.
The functions of the Commission are to--
(1) conduct an investigation that--
(A) investigates relevant facts and circumstances relating
to the terrorist attacks of September 11, 2001, including any
relevant legislation, Executive order, regulation, plan,
policy, practice, or procedure; and
(B) may include relevant facts and circumstances relating
to--
(i) intelligence agencies;
(ii) law enforcement agencies;
(iii) diplomacy;
(iv) immigration, nonimmigrant visas, and border control;
(v) the flow of assets to terrorist organizations;
(vi) commercial aviation; and
(vii) other areas of the public and private sectors
determined relevant by the Commission for its inquiry;
(2) identify, review, and evaluate the lessons learned from
the terrorist attacks of September 11, 2001, regarding the
structure, coordination, management policies, and procedures
of the Federal Government, and, if appropriate, State and
local governments and nongovernmental entities, relative to
detecting, preventing, and responding to such terrorist
attacks; and
(3) submit to the President and Congress such reports as
are required by this title containing such findings,
conclusions, and recommendations as the Commission shall
determine, including proposing organization, coordination,
planning, management arrangements, procedures, rules, and
regulations.
SEC. 3105. POWERS OF THE COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this title--
(A) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths; and
(B) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, and documents, as
the Commission or such designated subcommittee or designated
member may determine advisable.
(2) Subpoenas.--
(A) Issuance.--Subpoenas issued under paragraph (1)(B) may
be issued under the signature of the chairperson of the
Commission, the vice chairperson of the Commission, the
chairperson of any subcommittee created by
[[Page S9271]]
a majority of the Commission, or any member designated by a
majority of the Commission, and may be served by any person
designated by the chairperson, subcommittee chairperson, or
member.
(B) Enforcement.--
(i) In general.--In the case of contumacy or failure to
obey a subpoena issued under paragraph (1)(B), the United
States district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, or
where the subpoena is returnable, may issue an order
requiring such person to appear at any designated place to
testify or to produce documentary or other evidence. Any
failure to obey the order of the court may be punished by the
court as a contempt of that court.
(ii) Additional enforcement.--In the case of any failure of
any witness to comply with any subpoena or to testify when
summoned under authority of this section, the Commission may,
by majority vote, certify a statement of fact constituting
such failure to the appropriate United States attorney, who
may bring the matter before the grand jury for its action,
under the same statutory authority and procedures as if the
United States attorney had received a certification under
sections 102 through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Closed Meetings.--
(1) In general.--Meetings of the Commission may be closed
to the public under section 10(d) of the Federal Advisory
Committee Act (5 U.S.C. App.) or other applicable law.
(2) Additional authority.--In addition to the authority
under paragraph (1), section 10(a)(1) and (3) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to any
portion of a Commission meeting if the President determines
that such portion or portions of that meeting is likely to
disclose matters that could endanger national security. If
the President makes such determination, the requirements
relating to a determination under section 10(d) of that Act
shall apply.
(c) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter
into contracts to enable the Commission to discharge its
duties under this title.
(d) Information From Federal Agencies.--The Commission is
authorized to secure directly from any executive department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Government
information, suggestions, estimates, and statistics for the
purposes of this title. Each department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request made by
the chairperson, the chairperson of any subcommittee created
by a majority of the Commission, or any member designated by
a majority of the Commission.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States are authorized to provide to
the Commission such services, funds, facilities, staff, and
other support services as they may determine advisable and as
may be authorized by law.
(f) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(g) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
SEC. 3106. STAFF OF THE COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairperson, in
accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission
to carry out its functions, without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any personnel
of the Commission who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall not be
construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(c) Consultant Services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at
rates not to exceed the daily rate paid a person occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
SEC. 3107. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
SEC. 3108. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.
The appropriate executive departments and agencies shall
cooperate with the Commission in expeditiously providing to
the Commission members and staff appropriate security
clearances in a manner consistent with existing procedures
and requirements, except that no person shall be provided
with access to classified information under this section who
would not otherwise qualify for such security clearance.
SEC. 3109. REPORTS OF THE COMMISSION; TERMINATION.
(a) Initial Report.--Not later than 6 months after the date
of the first meeting of the Commission, the Commission shall
submit to the President and Congress an initial report
containing such findings, conclusions, and recommendations
for corrective measures as have been agreed to by a majority
of Commission members.
(b) Additional Reports.--Not later than 1 year after the
submission of the initial report of the Commission, the
Commission shall submit to the President and Congress a
second report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed
to by a majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this title, shall terminate 60 days after the date on which
the second report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the second report.
SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission
to carry out this title $3,000,000, to remain available until
expended.
TITLE XXXII
SEC. . PRESERVATION OF THE PRESIDENTIAL NATIONAL SECURITY
POWER.
``Notwithstanding any other provision in this Act, nothing
in this Act shall be construed to take away the statutory
authority of the President to act in a manner consistent with
national security requirements and considerations as existed
on the day of the terrorist attacks on September 11, 2001.''
______
SA 4739. Mrs. CARNAHAN submitted an amendment intended to be proposed
to amendment SA 4738 proposed by Mr. Gramm (for himself, Mr. Miller,
Mr. McConnell, Mr. Thompson, Mr. Stevens, Mr. Hagel, Mr. Hutchinson,
and Mr. Bunning) to the amendment SA 4471 proposed by Mr. Lieberman to
the bill H.R. 5005, to establish the Department of Homeland Security,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ____. GRANTS FOR FIREFIGHTING PERSONNEL.
(a) Section 33 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229) is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively;
(2) by inserting after subsection (b) the following:
``(c) Personnel Grants.--
``(1) In general.--In addition to the grants authorized
under subsection (b)(1), the Director may award grants to
fire departments of a State for the purpose of hiring
`employees engaged in fire protection' as that term is
defined in section 3 of the Fair Labor Standards Act (29
U.S.C. 203).
``(2) Duration.--Grants awarded under this subsection shall
be for a 3-year period.
``(3) Maximum amount.--The total amount of grants awarded
under this subsection shall not exceed $100,000 per
firefighter, indexed for inflation, over the 3-year grant
period.
``(4) Federal share.--
``(A) In general.--The Federal share of a grant under this
subsection shall not exceed 75 percent of the total salary
and benefits cost for additional firefighters hired.
[[Page S9272]]
``(B) Waiver.--The Director may waive the 25 percent non-
Federal match under subparagraph (A) for a jurisdiction of
50,000 or fewer residents or in cases of extreme hardship.
``(5) Application.--An application for a grant under this
subsection, shall--
``(A) meet the requirements under subsection (b)(5);
``(B) include an explanation for the applicant's need for
Federal assistance; and
``(C) contain specific plans for obtaining necessary
support to retain the position following the conclusion of
Federal support.
``(6) Maintenance of effort.--Grants awarded under this
subsection shall only be used to pay the salaries and
benefits of additional firefighting personnel, and shall not
be used to supplant funding allocated for personnel from
State and local sources.''; and
(3) in subsection (f) (as redesignated by paragraph (1)),
by adding at the end the following:
``(3) $1,000,000,000 for each of fiscal years 2003 and
2004, to be used only for grants under subsection (c).''.
______
SA 4740. Mr. NELSON of Nebraska (for himself, Mr. Chaffee, and Mr.
Breaux) proposed an amendment to amendment SA 4738 proposed by Mr.
Gramm (for himself, Mr. Miller, Mr. McConnell, Mr. Thompson, Mr.
Stevens, Mr. Hagel, Mr. Hutchinson, and Mr. Bunning) to the amendment
SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to establish
the Department of Homeland Security, and for other purposes, as
follows:
On page 96, strike line 2 and all that follows through page
109, line 13, and insert the following:
SEC. 730. ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT SYSTEM.
(a) Authority.--
(1) Sense of congress.--It is the sense of Congress that--
(A) it is extremely important that employees of the
Department be allowed to participate in a meaningful way in
the creation of any human resources management system
affecting them;
(B) such employees have the most direct knowledge of the
demands of their jobs and have a direct interest in ensuring
that their human resources management system is conducive to
achieving optimal operational efficiencies;
(C) the 21st century human resources management system
envisioned for the Department should be one that benefits
from the input of its employees; and
(D) this collaborative effort will help secure our
homeland.
(2) In general.--Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following:
``CHAPTER 97--DEPARTMENT OF HOMELAND SECURITY
``Sec.
``9701. Establishment of human resources management system.
``Sec. 9701. Establishment of human resources management
system
``(a) In General.--Notwithstanding any other provision of
this part, the Secretary may, in regulations prescribed
jointly with the Director of the Office of Personnel
Management, establish, and from time to time adjust, a human
resources management system for some or all of the
organizational units of the Department.
``(b) System Requirements.--Any system established under
subsection (a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of merit and fitness
set forth in section 2301, including the principles of hiring
based on merit, fair treatment without regard to political
affiliation or other nonmerit considerations, equal pay for
equal work, and protection of employees against reprisal for
whistleblowing;
``(B) any provision of section 2302, relating to prohibited
personnel practices;
``(C)(i) any provision of law referred to in section
2302(b)(1); or
``(ii) any provision of law implementing any provision of
law referred to in section 2302(b)(1) by--
``(I) providing for equal employment opportunity through
affirmative action; or
``(II) providing any right or remedy available to any
employee or applicant for employment in the civil service;
``(D) any other provision of this part (as described in
subsection (c)); or
``(E) any rule or regulation prescribed under any provision
of law referred to in any of the preceding subparagraphs of
this paragraph;
``(4) ensure that employees may organize, bargain
collectively, and participate through labor organizations of
their own choosing in decisions which affect them, subject to
any exclusion from coverage or limitation on negotiability
established by law; and
``(5) permit the use of a category rating system for
evaluating applicants for positions in the competitive
service.
``(c) Other Nonwaivable Provisions.--The other provisions
of this part as referred to in subsection (b)(3)(D), are (to
the extent not otherwise specified in subparagraph (A), (B),
(C), or (D) of subsection (b)(3))--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55, 57, 59, 71, 72, 73, 77, and
79, and this chapter.
``(d) Limitations Relating to Pay.--Nothing in this section
shall constitute authority--
``(1) to modify the pay of any employee who serves in--
``(A) an Executive Schedule position under subchapter II of
chapter 53 of title 5, United States Code; or
``(B) a position for which the rate of basic pay is fixed
in statute by reference to a section or level under
subchapter II of chapter 53 of such title 5;
``(2) to fix pay for any employee or position at an annual
rate greater than the maximum amount of cash compensation
allowable under section 5307 of such title 5 in a year; or
``(3) to exempt any employee from the application of such
section 5307.
``(e) Provisions To Ensure Collaboration With Employee
Representatives.--
``(1) In general.--In order to ensure that the authority of
this section is exercised in collaboration with, and in a
manner that ensures the direct participation of employee
representatives in the planning development, and
implementation of any human resources management system or
adjustments under this section, the Secretary and the
Director of the Office of Personnel Management shall provide
for the following:
``(A) Notice of proposal.-- The Secretary and the Director
shall, with respect to any proposed system or adjustment--
``(i) provide to each employee representative representing
any employees who might be affected, a written description of
the proposed system or adjustment (including the reasons why
it is considered necessary);
``(ii) give each representative at least 60 days (unless
extraordinary circumstances require earlier action) to review
and make recommendations with respect to the proposal; and
``(iii) give any recommendations received from any such
representatives under clause (ii) full and fair consideration
in deciding whether or how to proceed with the proposal.
``(B) Preimplementation requirements.--If the Secretary and
the Director decide to implement a proposal described in
subparagraph (A), they shall before implementation--
``(i) give each representative details of the decision to
implement the proposal, together with the information upon
which the decision is based;
``(ii) give each representative an opportunity to make
recommendations with respect to the proposal; and
``(iii) give such recommendation full and fair
consideration, including the providing of reasons to an
employee representative if any of its recommendations are
rejected.
``(C) Continuing collaboration.--If a proposal described in
subparagraph (A) is implemented, the Secretary and the
Director shall--
``(i) develop a method for each employee representative to
participate in any further planning or development which
might become necessary; and
``(ii) give each employee representative adequate access to
information to make that participation productive.
``(2) Procedures.--Any procedures necessary to carry out
this subsection shall be established by the Secretary and the
Director jointly. Such procedures shall include measures to
ensure--
``(A) in the case of employees within a unit with respect
to which a labor organization is accorded exclusive
recognition, representation by individuals designated or from
among individuals nominated by such organization;
``(B) in the case of any employees who are not within such
a unit, representation by any appropriate organization which
represents a substantial percentage of those employees or, if
none, in such other manner as may be appropriate, consistent
with the purposes of the subsection; and
``(C) the selection of representatives in a manner
consistent with the relative number of employees represented
by the organizations or other representatives involved.
``(3) Written agreement.--Notwithstanding any other
provision of this part, employees within a unit to which a
labor organization is accorded exclusive recognition under
chapter 71 shall not be subject to any system provided under
this section unless the exclusive representative and the
Secretary have entered into a written agreement, which
specifically provides for the inclusion of such employees
within such system. Such written agreement may be imposed by
the Federal Service Impasses Panel under section 7119, after
negotiations consistent with section 7117.
``(f) Provisions Relating to Appellate Procedures.--
(1) Sense of congress.--It is the sense of Congress that--
``(A) employees of the Department are entitled to fair
treatment in any appeals that they bring in decisions
relating to their employment; and
``(B) in prescribing regulations for any such appeals
procedures, the Secretary and the Director of the Office of
Personnel Management--
``(i) should ensure that employees of the Department are
afforded the protections of due process; and
``(ii) toward that end, should be required to consult with
the Merit Systems Protection Board before issuing any such
regulations.
[[Page S9273]]
``(2) Requirements.--Any regulations under this section
which relate to any matters within the purview of chapter
77--
``(A) shall be issued only after consultation with the
Merit Systems Protection Board;
``(B) shall ensure the availability of procedures which
shall--
``(i) be consistent with requirements of due process; and
``(ii) provide, to the maximum extent practicable, for the
expeditious handling of any matters involving the Department;
and
``(C) shall modify procedures under chapter 77 only insofar
as such modifications are designed to further the fair,
efficient, and expeditious resolution of matters involving
the employees of the Department.
``(g) Sunset Provision.--Effective 5 years after the
conclusion of the transition period defined under section 801
of the Homeland Security Act of 2002, all authority to issue
regulations under this section (including regulations which
would modify, supersede, or terminate any regulations
previously issued under this section) shall cease to be
available.''.
(3) Clerical amendment.--The table of chapters for part III
of title 5, United States Code, is amended by adding at the
end of the following:
``97. Department of Homeland Security.......................9701''.....
(b) Effect on Personnel.--
(1) Nonseparation or nonreduction in grade or compensation
of full-time personnel and part-time personnel holding
permanent positions.--Except as otherwise provided in this
Act, the transfer pursuant to this act of full-time personnel
(except special Government employees) and part-time personnel
holding permanent positions shall not cause any such employee
to be separated or reduced in grade or compensation for one
year after the date of transfer to the Department.
(2) Positions compensated in accordance with executive
schedule.--Any person who, on the day preceding such person's
date of transfer pursuant to this Act, held a position
compensated in accordance with the Executive Schedule
prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in the
Department to a position having duties comparable to the
duties performed immediately preceding such appointment shall
continue to be compensated in such new position at not less
than the rate provided for such position, for the duration of
the service of such person in such new position.
(3) Coordination rule.--Any exercise of authority under
chapter 97 of title 5, United States Code (as amended by
subsection (a)), including under any system established under
such chapter, shall be in conformance with the requirements
of this subsection.
SEC. 731. LABOR-MANAGEMENT RELATIONS.
(a) Limitation on Exclusionary Authority.--
(1) In general.--No agency or subdivision of an agency
which is transferred to the Department pursuant to this Act
shall be excluded from the coverage of chapter 71 of title 5,
United States Code, as a result of any order issued under
section 7103(b)(1) of such title 5 after June 18, 2002,
unless--
(A) the mission and responsibilities of the agency (or
subdivision) materially change; and
(B) a majority of the employees within such agency (or
subdivision) have as their primary duty intelligence,
counterintelligence, or investigative work directly related
to terrorism investigation.
(2) Exclusions allowable.--Nothing in paragraph (1) shall
affect the effectiveness of any order to the extent that such
order excludes any portion of an agency or subdivision of an
agency as to which--
(A) recognition as an appropriate unit has never been
conferred for purposes of chapter 71 of title 5, United
States Code; or
(B) any such recognition has been revoked or otherwise
terminated as a result of a determination under subsection
(b)(1).
(b) Provisions Relating to Bargaining Units.--
(1) Limitation relating to appropriate units.--Each unit
which is recognized as an appropriate unit for purposes of
chapter 71 of title 5, United States Code, as of the day
before the effective date of this Act (and any subdivision of
any such unit) shall, if such unit (or subdivision) is
transferred to the Department pursuant to this Act, continue
to be so recognized for such purposes, unless--
(A) the mission and responsibilities of such unit (or
subdivision) materially change; and
(B) a majority of the employees within such unit (or
subdivision) have as their primary duty intelligence,
counterintelligence, or investigative work directly related
to terrorism investigation.
(2) Limitation relating to positions or employees.--No
position or employee within a unit (or subdivision of a unit)
as to which continued recognition is given in accordance with
paragraph (1) shall be excluded from such unit (or
subdivision), for purposes of chapter 71 of title 5, United
States Code, unless the primary job duty of such position or
employee--
(A) materially changes; and
(B) consists of intelligence, counterintelligence, or
investigative work directly related to terrorism
investigation.
In the case of any positions within a unit (or subdivision)
which are first established on or after the effective date of
this Act and any employee first appointed on or after such
date, the preceding sentence shall be applied disregarding
subparagraph (A).
(c) Coordination Rule.--No other provision of this Act or
of any amendment made by this Act may be construed or applied
in a manner so as to limit, supersede, or otherwise affect
the provisions of this section, except to the extent that it
does so by specific reference to this section.
(d) Savings Clause.--Notwithstanding any other provision of
this Act, Title XXXII is null and void.
______
SA 4741. Mr. SMITH of New Hampshire submitted an amendment intended
to be proposed to amendment SA 4471 proposed by Mr. Lieberman to the
bill H.R. 5005, to establish the Department of Homeland Security, and
for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place add the following:
( ) SEC.--.
Section 2002 of the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386; 114 Stat. 1542)
is amended--
(1) in subsection (a)(2)(A)(ii)--
(A) by striking ``February 17, 1999,'' and inserting ``May
17, 1996, May 7, 1997, February 17, 1999, December 15, 1999
(or who has or could have been subsequently joined in a suit
filed on December 15, 1999 pursuant to Fed. R. Civ. P.
20(a)),'' and
(B) by striking ``or July 27, 2000'' and inserting ``April
3, 2000, October 27, 2000, or July 27, 2000'';
(2) by amending subsection (b)(1) to read as follows:
``(b)(1) Judgments Against Designated State Sponsors of
Terrorism.--For purposes of funding the payments under
subsection (a) in the case of judgments and sanctions entered
against a government of a designated state sponsor of
terrorism or its entities, the President shall vest and
liquidate up to and not exceeding the amount of property of
such government (including the agencies or instrumentalities
controlled in fact by such government or in which such
government owns directly or indirectly controlling interest)
and sanctioned entities in the United States or any
commonwealth, territory, or possession thereof that has been
blocked pursuant to section 5(b)), sections 202 and 203 of
the International Emergency Economic Powers Act (50 U.S.C.
1707-1702), or any other proclamation, order, or regulation
issued thereunder.''
(3) by amending subsection (b)(2)(B) to read as follows:
``(B) the Iran Foreign Military Sales Program Account
within the Foreign Military Sales Fund on the date of
enactment of this Act (less amounts therein as to which the
United States has an interest in subrogation arising prior to
the date of enactment of this Act);''; and
(4) in subsection (c)--
(A) by inserting after the phrase ``to the extent of the
payments'' the phrase ``made prior to the date of enactment
of this Act''.
SA 4742. Mr. DASCHLE proposed an amendment to the bill H.R. 5005, to
establish the Department of Homeland Security, and for other purposes;
as follows:
Strike all after the first word in amendment contained in
the motion's instructions and insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A.--Homeland Security.
(2) Division B.--Immigration Reform, Accountability, and
Security Enhancement Act of 2002.
(3) Division C.--Federal Workforce Improvement.
(c) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Construction; severability.
Sec. 4. Effective date.
DIVISION A--HOMELAND SECURITY
TITLE I--DEPARTMENT OF HOMELAND SECURITY
Sec. 101. Executive department; mission.
Sec. 102. Secretary; functions.
Sec. 103. Other officers.
Sec. 104. Office of International Affairs.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Sec. 201. Directorate for Information Analysis and Infrastructure
Protection.
Sec. 202. Access to information.
Sec. 203. Protection of voluntarily furnished confidential information.
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
Sec. 301. Under Secretary for Science and Technology.
Sec. 302. Responsibilities and authorities of the Under Secretary for
Science and Technology.
Sec. 303. Functions transferred.
Sec. 304. Conduct of certain public health-related activities.
Sec. 305. Research in conjunction with the Department of Health and
Human Services and other departments.
Sec. 306. Homeland Security Advanced Research Projects Agency.
[[Page S9274]]
Sec. 307. Miscellaneous authorities relating to national laboratories.
Sec. 308. Homeland Security Institute.
Sec. 309. Utilization of Department of Energy national laboratories and
sites in support of homeland security activities.
Sec. 310. Transfer of Plum Island Animal Disease Center, Department of
Agriculture.
Sec. 311. Clearinghouse.
TITLE IV--BORDER AND TRANSPORTATION SECURITY
Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Responsibilities.
Sec. 403. Functions transferred.
Sec. 404. Transfer of certain agricultural inspection functions of the
Department of Agriculture.
Sec. 405. Coordination of information and information technology.
Sec. 406. Visa issuance.
Sec. 407. Border security and immigration working group.
Sec. 408. Information on visa denials required to be entered into
electronic data system.
Sec. 409. Study on use of foreign national personnel in visa
processing.
TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE
Sec. 501. Under Secretary for Emergency Preparedness and Response.
Sec. 502. Responsibilities.
Sec. 503. Functions transferred.
Sec. 504. Nuclear incident response.
Sec. 505. Conduct of certain public health-related activities.
Sec. 506. Definition.
TITLE VI--MANAGEMENT
Sec. 601. Under Secretary for Management.
Sec. 602. Responsibilities.
Sec. 603. Chief Financial Officer.
Sec. 604. Chief Information Officer.
Sec. 605. Chief Human Capital Officer.
TITLE VII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
Subtitle A--Coordination with Non-Federal Entities
Sec. 701. Responsibilities.
Subtitle B--Inspector General
Sec. 710. Authority of the Secretary.
Sec. 711. Law enforcement powers of Inspector General Agents.
Subtitle C--United States Secret Service
Sec. 720. Functions transferred.
Subtitle D--General Provisions
Sec. 730. Establishment of Human Resources Management System.
Sec. 731. Labor-management relations.
Sec. 732. Advisory committees.
Sec. 733. Acquisitions.
Sec. 734. Reorganization authority.
Sec. 735. Miscellaneous provisions.
Sec. 736. Authorization of appropriations.
Sec. 737. Regulatory authority.
Sec. 738. Use of appropriated funds.
Sec. 739. Future Year Homeland Security Program.
Sec. 739A. Bioterrorism Preparedness and Response Division.
Sec. 739B. Coordination with the Department of Health and Human
Services under the Public Health Service Act.
Subtitle E--Risk Sharing and Indemnification for Contractors Supplying
Anti-Terrorism Technology and Services
Sec. 741. Application of indemnification authority.
Sec. 742. Application of indemnification authority to State and local
government contractors.
Sec. 743. Procurements of anti-terrorism technologies and anti-
terrorism services by State and local governments through
Federal contracts.
Sec. 744. Congressional notification.
Sec. 745. Definitions.
Subtitle F--Federal Emergency Procurement Flexibility
Sec. 751. Definition.
Sec. 752. Procurements for defense against or recovery from terrorism
or nuclear, biological, chemical, or radiological attack.
Sec. 753. Increased simplified acquisition threshold for procurements
in support of humanitarian or peacekeeping operations or
contingency operations.
Sec. 754. Increased micro-purchase threshold for certain procurements.
Sec. 755. Application of certain commercial items authorities to
certain procurements.
Sec. 756. Use of streamlined procedures.
Sec. 757. Review and report by Comptroller General.
Sec. 758. Identification of new entrants into the Federal marketplace.
Subtitle G--Coast Guard
Sec. 761. Preserving Coast Guard mission performance.
TITLE VIII--TRANSITION
Sec. 801. Definitions.
Sec. 802. Transfer of agencies.
Sec. 803. Transitional authorities.
Sec. 804. Savings provisions.
Sec. 805. Terminations.
Sec. 806. Incidental transfers.
TITLE IX--CONFORMING AND TECHNICAL AMENDMENTS
Sec. 901. Inspector General Act.
Sec. 902. Executive schedule.
Sec. 903. United States Secret Service.
Sec. 904. Coast Guard.
Sec. 905. Strategic National Stockpile and smallpox vaccine
development.
Sec. 906. Select agent registration.
Sec. 907. National Bio-Weapons Defense Analysis Center.
Sec. 908. Military activities.
DIVISION B--IMMIGRATION REFORM, ACCOUNTABILITY, AND SECURITY
ENHANCEMENT ACT OF 2002
Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Transfer of Immigration and Naturalization Service
functions.
TITLE XI--DIRECTORATE OF IMMIGRATION AFFAIRS
Subtitle A--Organization
Sec. 1101. Abolition of Immigration and Naturalization Service.
Sec. 1102. Establishment of Directorate of Immigration Affairs.
Sec. 1103. Under Secretary of Homeland Security for Immigration
Affairs.
Sec. 1104. Bureau of Immigration Services.
Sec. 1105. Bureau of Enforcement.
Sec. 1106. Office of the Ombudsman within the Directorate.
Sec. 1107. Office of Immigration Statistics within the Directorate.
Sec. 1108. Clerical amendments.
Subtitle B--Transition Provisions
Sec. 1111. Transfer of functions.
Sec. 1112. Transfer of personnel and other resources.
Sec. 1113. Determinations with respect to functions and resources.
Sec. 1114. Delegation and reservation of functions.
Sec. 1115. Allocation of personnel and other resources.
Sec. 1116. Savings provisions.
Sec. 1117. Interim service of the Commissioner of Immigration and
Naturalization.
Sec. 1118. Other authorities not affected.
Sec. 1119. Transition funding.
Subtitle C--Miscellaneous Provisions
Sec. 1121. Funding adjudication and naturalization services.
Sec. 1122. Application of Internet-based technologies.
Sec. 1123. Alternatives to detention of asylum seekers.
Subtitle D--Effective Date
Sec. 1131. Effective date.
TITLE XII--UNACCOMPANIED ALIEN JUVENILE PROTECTION
Sec. 1201. Unaccompanied alien juveniles.
TITLE XIII--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
Sec. 1301. Legal status of EOIR.
Sec. 1302. Authorities of the Attorney General.
Sec. 1303. Statutory construction.
DIVISION C--FEDERAL WORKFORCE IMPROVEMENT
TITLE XXI--CHIEF HUMAN CAPITAL OFFICERS
Sec. 2101. Short title.
Sec. 2102. Agency Chief Human Capital Officers.
Sec. 2103. Chief Human Capital Officers Council.
Sec. 2104. Strategic human capital management.
Sec. 2105. Effective date.
TITLE XXII--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
Sec. 2201. Inclusion of agency human capital strategic planning in
performance plans and programs performance reports.
Sec. 2202. Reform of the competitive service hiring process.
Sec. 2203. Permanent extension, revision, and expansion of authorities
for use of voluntary separation incentive pay and
voluntary early retirement.
Sec. 2204. Student volunteer transit subsidy.
TITLE XXIII--REFORMS RELATING TO THE SENIOR EXECUTIVE SERVICE
Sec. 2301. Repeal of recertification requirements of senior executives.
Sec. 2302. Adjustment of limitation on total annual compensation.
TITLE XXIV--ACADEMIC TRAINING
Sec. 2401. Academic training.
Sec. 2402. Modifications to National Security Education Program.
Sec. 2403. Compensation time off for travel.
Sec. 2404. Customs User Fees Extension
DIVISION D--NATIONAL COMMISSION
SEC. 2. DEFINITIONS.
Unless the context clearly indicates otherwise, the
following shall apply for purposes of this Act:
(1) American homeland or homeland.--Each of the terms
``American homeland'' or ``homeland'' mean the United States,
in a geographic sense.
(2) Critical infrastructure.--The term ``critical
infrastructure'' means systems and assets, whether physical
or virtual, so vital to the United States that the
incapacitation or destruction of such systems or assets would
have a debilitating impact on security, national economic
security, national public health or safety, or any
combination of those matters.
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(3) Assets.--The term ``assets'' includes contracts,
facilities, property, records, unobligated or unexpended
balances of appropriations, and other funds or resources
(other than personnel).
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Emergency response providers.--The term ``emergency
response providers'' includes Federal, State, and local
government emergency public safety, law enforcement,
emergency response, emergency medical, and related personnel,
agencies, and authorities.
(6) Executive agency.--The term ``Executive agency'' means
an executive agency and a military department, as defined,
respectively, in sections 105 and 102 of title 5, United
States Code.
(7) Functions.--The term ``functions'' includes
authorities, powers, rights, privileges, immunities,
programs, projects, activities, duties, responsibilities, and
obligations.
(8) Key resources.--The term ``key resources'' means
structures, monuments or items of exceptional historical,
social, cultural, or symbolic significance to the United
States.
(9) Local government.--The term ``local government'' has
the meaning given in section 102(6) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Public Law 93-
288).
(10) Major disaster.--The term ``major disaster'' has the
meaning given in section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Public Law 93-
288).
(11) Personnel.--The term ``personnel'' means officers and
employees.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(13) United states.--The term ``United States'', when used
in a geographic sense, means any State (within the meaning of
section 102(4) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Public Law 93-288)), any possession
of the United States, and any waters within the jurisdiction
of the United States.
SEC. 3. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or
unenforceable by its terms, or as applied to any person or
circumstance, shall be construed so as to give it the maximum
effect permitted by law, unless such holding shall be one of
utter invalidity or unenforceability, in which event such
provision shall be deemed severable from this Act and shall
not affect the remainder thereof, or the application of such
provision to other persons not similarly situated or to
other, dissimilar circumstances.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect thirty days after the date of
enactment or, if enacted within thirty days before January 1,
2003, on January 1, 2003.
DIVISION A--HOMELAND SECURITY
TITLE I--DEPARTMENT OF HOMELAND SECURITY
SEC. 101. EXECUTIVE DEPARTMENT; MISSION.
(a) Establishment.--There is established a Department of
Homeland Security, as an executive department of the United
States within the meaning of title 5, United States Code.
(b) Primary Mission.--
(1) In general.--The primary mission of the Department is
to--
(A) prevent terrorist attacks within the United States;
(B) reduce the vulnerability of the United States to
terrorism; and
(C) minimize the damage, and assist in the recovery, from
terrorist attacks that do occur within the United States.
(2) Responsibilities.--In carrying out the mission
described in paragraph (1), and as further described in this
Act, the Department's primary responsibilities shall
include--
(A) information analysis and infrastructure protection;
(B) research and development, including efforts to counter
chemical, biological, radiological, nuclear, and other
emerging threats;
(C) border and transportation security;
(D) emergency preparedness and response; and
(E) coordination (including the provision of training and
equipment) with other executive agencies, with State and
local government personnel, agencies, and authorities, with
the private sector, and with other entities.
(3) Other responsibilities.--The Department shall also be
responsible for carrying out other functions of entities
transferred to the Department as provided by law, and the
enumeration of the primary homeland security missions and
responsibilities in this section does not impair or diminish
the Department's non-homeland security missions and
responsibilities.
SEC. 102. SECRETARY; FUNCTIONS.
(a) Secretary.--
(1) Appointment.--There is a Secretary of Homeland
Security, appointed by the President, by and with the advice
and consent of the Senate.
(2) Head of department.--The Secretary is the head of the
Department and shall have direction, authority, and control
over it.
(3) Vested functions.--All functions of all officers,
employees, and organizational units of the Department are
vested in the Secretary.
(b) Functions.--The Secretary--
(1) may, except as otherwise provided in this Act, delegate
any of his functions to any officer, employee, or
organizational unit of the Department;
(2) shall have such functions, including the authority to
make contracts, grants, and cooperative agreements, and to
enter into agreements with other executive agencies, as may
be necessary and proper to carry out his responsibilities
under this Act or otherwise provided by law; and
(3) may, subject to the direction of the President, attend
and participate in meetings of the National Security Council.
SEC. 103. OTHER OFFICERS.
(a) Deputy Secretary; Under Secretaries.--To assist the
Secretary in the performance of his functions, there are the
following officers, appointed by the President, by and with
the advice and consent of the Senate:
(1) A Deputy Secretary of Homeland Security, who shall be
the Secretary's first assistant for purposes of chapter 33,
subchapter 3, of title 5, United States Code.
(2) An Under Secretary for Information Analysis and
Infrastructure Protection.
(3) An Under Secretary for Science and Technology.
(4) An Under Secretary for Border and Transportation
Security.
(5) An Under Secretary for Emergency Preparedness and
Response.
(6) An Under Secretary for Management.
(7) An Under Secretary for Immigration Affairs.
(8) Not more than 16 Assistant Secretaries.
(9) A General Counsel, who shall be the chief legal officer
of the Department.
(b) Chief of Immigration Policy.--
(1) In general.--There shall be within the office of the
Deputy Secretary of Homeland Security a Chief of Immigration
Policy, who, under the authority of the Secretary, shall be
responsible for--
(A) establishing national immigration policy and
priorities; and
(B) coordinating immigration policy between the Directorate
of Immigration Affairs and the Directorate of Border and
Transportation Security.
(2) Within the senior executive service.--The position of
Chief of Immigration Policy shall be a Senior Executive
Service position under section 5382 of title 5, United States
Code.
(c) Inspector General.--To assist the Secretary in the
performance of his functions, there is an Inspector General,
who shall be appointed as provided in section 3(a) of the
Inspector General Act of 1978.
(d) Commandant of the Coast Guard.--To assist the Secretary
in the performance of his functions, there is a Commandant of
the Coast Guard, who shall be appointed as provided in
section 44 of title 14, United States Code.
(e) Other Officers.--To assist the Secretary in the
performance of his functions, there are the following
officers, appointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Financial Officer.
(3) A Chief Information Officer.
(4) A Chief Human Capital Officer.
(f) Performance of Specific Functions.--Subject to the
provisions of this Act, every officer of the Department shall
perform the functions specified by law for his office or
prescribed by the Secretary.
SEC. 104. OFFICE OF INTERNATIONAL AFFAIRS.
(a) Establishment.--There is established within the Office
of the Secretary, an Office of International Affairs. The
Office shall be headed by a Director who shall be appointed
by the Secretary.
(b) Responsibilities of the Director.--The Director shall
have the following responsibilities:
(1) To promote information and education exchange with
foreign nations in order to promote sharing of best practices
and technologies relating to homeland security. Such
information exchange shall include--
(A) joint research and development on countermeasures;
(B) joint training exercises of first responders; and
(C) exchange of expertise on terrorism prevention,
response, and crisis management.
(2) To identify areas for homeland security information and
training exchange.
(3) To plan and undertake international conferences,
exchange programs, and training activities.
(4) To manage activities under this section and other
international activities within the Department in
consultation with the Department of State and other relevant
Federal officials.
(5) To initially concentrate on fostering cooperation with
countries that are already highly focused on homeland
security issues and that have demonstrated the capability for
fruitful cooperation with the United States in the area of
counterterrorism.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND
INFRASTRUCTURE PROTECTION.
(a) Under Secretary of Homeland Security for Information
Analysis and Infrastructure Protection.--
(1) In general.--There shall be in the Department a
Directorate for Information Analysis and Infrastructure
Protection headed by an Under Secretary for Information
Analysis and Infrastructure Protection, who shall be
appointed by the President, by and with the advice and
consent of the Senate.
[[Page S9276]]
(2) Responsibilities.--The Under Secretary shall assist the
Secretary in discharging the responsibilities under section
101 (b)(2)(A) and (d).
(b) Assistant Secretary for Information Analysis; Assistant
Secretary for Infrastructure Protection.--
(1) Assistant secretary for information analysis.--There
shall be in the Department an Assistant Secretary for
Information Analysis, who shall be appointed by the
President.
(2) Assistant secretary for infrastructure protection.--
There shall be in the Department an Assistant Secretary for
Infrastructure Protection, who shall be appointed by the
President.
(3) Responsibilities.--The Assistant Secretary for
Information Analysis and the Assistant Secretary for
Infrastructure Protection shall assist the Under Secretary
for Information Analysis and Infrastructure Protection in
discharging the responsibilities of the Under Secretary under
this section.
(c) Discharge of Information Analysis and Infrastructure
Protection.--The Secretary shall ensure that the
responsibilities of the Department regarding information
analysis and infrastructure protection are carried out
through the Under Secretary for Information Analysis and
Infrastructure Protection.
(d) Responsibilities of Under Secretary.--Subject to the
direction and control of the Secretary, the responsibilities
of the Under Secretary for Information Analysis and
Infrastructure Protection shall be as follows:
(1) To access, receive, and analyze law enforcement
information, intelligence information, intelligence-related
information, and other information from agencies of the
Federal Government, State and local government agencies
(including law enforcement agencies), and private sector
entities, and to integrate such information in order to--
(A) identify and assess the nature and scope of threats to
the homeland;
(B) detect and identify threats of terrorism against the
United States and other threats to homeland security; and
(C) understand such threats in light of actual and
potential vulnerabilities of the homeland.
(2) To carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the
performance of risk assessments to determine the risks posed
by particular types of terrorist attacks within the United
States (including an assessment of the probability of success
of such attacks and the feasibility and potential efficacy of
various countermeasures to such attacks).
(3) To integrate relevant information, analyses, and
vulnerability assessments (whether such information,
analyses, or assessments are provided or produced by the
Department or others) in order to identify priorities for
protective measures and to support protective measures by the
Department, other agencies of the Federal Government, State
and local government agencies and authorities, the private
sector, and other entities.
(4) To ensure, pursuant to section 202, the timely and
efficient access by the Department to all information
necessary to discharge the responsibilities under this
section, including obtaining such information from other
agencies of the Federal Government agencies, and from State
and local governments and private sector entities (pursuant
to memoranda of understanding or other agreements entered
into for that purpose).
(5) To develop a comprehensive national plan for securing
the key resources and critical infrastructure of the United
States.
(6) To take or seek to effect measures necessary to protect
the key resources and critical infrastructure of the United
States in coordination with other agencies of the Federal
Government and in cooperation with State and local government
agencies and authorities, the private sector, and other
entities.
(7) To administer the Homeland Security Advisory System,
including--
(A) exercising primary responsibility for public threat
advisories; and
(B) in coordination with other agencies of the Federal
Government, providing specific warning information, and
advice about appropriate protective measures and
countermeasures, to State and local government agencies and
authorities, the private sector, other entities, and the
public.
(8) To review, analyze, and make recommendations for
improvements in the policies and procedures governing the
sharing of law enforcement information, intelligence
information, intelligence-related information, and other
information relating to homeland security within the Federal
Government and between the Federal Government and State and
local government agencies and authorities.
(9) To disseminate, as appropriate, information analyzed by
the Department within the Department, to other agencies of
the Federal Government with responsibilities relating to
homeland security, and to agencies of State and local
governments and private sector entities with such
responsibilities in order to assist in the deterrence,
prevention, preemption of, or response to, terrorist attacks
against the United States.
(10) To consult with the Director of Central Intelligence
and other appropriate intelligence, law enforcement, or other
elements of the Federal Government to establish collection
priorities and strategies for information, including law
enforcement-related information, relating to threats of
terrorism against the United States through such means as the
representation of the Department in discussions regarding
requirements and priorities in the collection of such
information.
(11) To consult with State and local governments and
private sector entities to ensure appropriate exchanges of
information, including law enforcement-related information,
relating to threats of terrorism against the United States.
(12) To ensure that--
(A) any material received pursuant to this section is
protected from unauthorized disclosure and handled and used
only for the performance of official duties; and
(B) any intelligence information shared under this section
is transmitted, retained, and disseminated consistent with
the authority of the Director of Central Intelligence to
protect intelligence sources and methods under the National
Security Act of 1947 (50 U.S.C. 401 et seq.) and related
procedures and, as appropriate, similar authorities of the
Attorney General concerning sensitive law enforcement
information.
(13) To request and obtain additional information from
other agencies of the Federal Government, State and local
government agencies, and the private sector relating to
threats of terrorism in the United States, or relating to
other areas of responsibility under section 101, including
the entry into cooperative agreements through the Secretary
to obtain such information.
(14) To establish and utilize, in conjunction with the
chief information officer of the Department, a secure
communications and information technology infrastructure,
including data-mining and other advanced analytical tools, in
order to access, receive, and analyze data and information in
furtherance of the responsibilities under this section, and
to disseminate information acquired and analyzed by the
Department, as appropriate.
(15) To ensure, in conjunction with the chief information
officer of the Department, that any information databases and
analytical tools developed or utilized by the Department--
(A) are compatible with one another and with relevant
information databases of other agencies of the Federal
Government; and
(B) treat information in such databases in a manner that
complies with applicable Federal law on privacy.
(16) To coordinate training and other support to the
elements and personnel of the Department, other agencies of
the Federal Government, and State and local governments that
provide information to the Department, or are consumers of
information provided by the Department, in order to
facilitate the identification and sharing of information
revealed in their ordinary duties and the optimal utilization
of information received from the Department.
(17) To coordinate with elements of the intelligence
community and with Federal, State, and local law enforcement
agencies, and the private sector, as appropriate.
(18) To provide intelligence and information analysis and
support to other elements of the Department.
(19) To perform such other duties relating to such
responsibilities as the Secretary may provide.
(e) Staff.--
(1) In general.--The Secretary shall provide the
Directorate with a staff of analysts having appropriate
expertise and experience to assist the Directorate in
discharging responsibilities under this section.
(2) Private sector analysts.--Analysts under this
subsection may include analysts from the private sector.
(3) Security clearances.--Analysts under this subsection
shall possess security clearances appropriate for their work
under this section.
(f) Detail of Personnel.--
(1) In general.--In order to assist the Directorate in
discharging responsibilities under this section, personnel of
the agencies referred to in paragraph (2) may be detailed to
the Department for the performance of analytic functions and
related duties.
(2) Covered agencies.--The agencies referred to in this
paragraph are as follows:
(A) The Department of State.
(B) The Central Intelligence Agency.
(C) The Federal Bureau of Investigation.
(D) The National Security Agency.
(E) The National Imagery and Mapping Agency.
(F) The Defense Intelligence Agency.
(G) Any other agency of the Federal Government that the
President considers appropriate.
(3) Cooperative agreements.--The Secretary and the head of
the agency concerned may enter into cooperative agreements
for the purpose of detailing personnel under this subsection.
(4) Basis.--The detail of personnel under this subsection
may be on a reimbursable or non-reimbursable basis.
(g) Functions Transferred.--In accordance with title VIII,
there shall be transferred to the Secretary, for assignment
to the Under Secretary for Information Analysis and
Infrastructure Protection under this section, the functions,
personnel, assets, and liabilities of the following:
[[Page S9277]]
(1) The National Infrastructure Protection Center of the
Federal Bureau of Investigation (other than the Computer
Investigations and Operations Section), including the
functions of the Attorney General relating thereto.
(2) The National Communications System of the Department of
Defense, including the functions of the Secretary of Defense
relating thereto.
(3) The Critical Infrastructure Assurance Office of the
Department of Commerce, including the functions of the
Secretary of Commerce relating thereto.
(4) The Computer Security Division of the National
Institute of Standards and Technology, including the
functions of the Secretary of Commerce relating thereto.
(5) The National Infrastructure Simulation and Analysis
Center of the Department of Energy and the energy security
and assurance program and activities of the Department,
including the functions of the Secretary of Energy relating
thereto.
(6) The Federal Computer Incident Response Center of the
General Services Administration, including the functions of
the Administrator of General Services relating thereto.
(h) Study of Placement Within Intelligence Community.--Not
later than 90 days after the effective date of this Act, the
President shall submit to the Committee on Governmental
Affairs and the Select Committee on Intelligence of the
Senate and the Committee on Government Reform and the
Permanent Select Committee on Intelligence of the House of
Representatives a report assessing the advisability of the
following:
(1) Placing the elements of the Department concerned with
the analysis of foreign intelligence information within the
intelligence community under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
(2) Placing such elements within the National Foreign
Intelligence Program for budgetary purposes.
SEC. 202. ACCESS TO INFORMATION.
(a) In General.--
(1) Threat and vulnerability information.--Except as
otherwise directed by the President, the Secretary shall have
such access as the Secretary considers necessary to all
information, including reports, assessments, analyses, and
unevaluated intelligence and intelligence-related
information, relating to threats of terrorism against the
United States and to other areas of responsibility described
in section 101 and to all information concerning
infrastructure or other vulnerabilities of the United States
to terrorism, whether or not such information has been
analyzed, that may be collected, possessed, or prepared by
any agency of the Federal Government.
(2) Other information.--The Secretary shall also have
access to other information relating to matters under the
responsibility of the Secretary that may be collected,
possessed, or prepared by an agency of the Federal Government
as the President may further provide.
(b) Manner of Access.--Except as otherwise directed by the
President, with respect to information to which the Secretary
has access pursuant to this section--
(1) the Secretary may obtain such material upon request,
and may enter into cooperative arrangements with other
executive agencies to provide such material or provide
Department officials with access to it on a regular or
routine basis, including requests or arrangements involving
broad categories of material, access to electronic databases,
or both; and
(2) regardless of whether the Secretary has made any
request or entered into any cooperative arrangement pursuant
to paragraph (1), all agencies of the Federal Government
shall promptly provide to the Secretary--
(A) all reports (including information reports containing
intelligence which has not been fully evaluated),
assessments, and analytical information relating to threats
of terrorism against the United States and to other areas of
responsibility under section 101;
(B) all information concerning the vulnerability of the
infrastructure of the United States, or other vulnerabilities
of the United States, to terrorism, whether or not such
information has been analyzed;
(C) all other information relating to significant and
credible threats of terrorism against the United States,
whether or not such information has been analyzed; and
(D) such other information or material as the President may
direct.
(c) Treatment Under Certain Laws.--The Secretary shall be
deemed to be a Federal law enforcement, intelligence,
protective, national defense, immigration, or national
security official, and shall be provided with all information
from law enforcement agencies that is required to be given to
the Director of Central Intelligence, under any provision of
the following:
(1) The USA PATRIOT Act of 2001 (Public Law 107-56).
(2) Section 2517(6) of title 18, United States Code.
(3) Rule 6(e)(3)(C) of the Federal Rules of Criminal
Procedure.
(d) Access to Intelligence and Other Information.--
(1) Access by elements of federal government.--Nothing in
this title shall preclude any element of the intelligence
community (as that term is defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)), or other
any element of the Federal Government with responsibility for
analyzing terrorist threat information, from receiving any
intelligence or other information relating to terrorism.
(2) Sharing of information.--The Secretary, in consultation
with the Director of Central Intelligence, shall work to
ensure that intelligence or other information relating to
terrorism to which the Department has access is appropriately
shared with the elements of the Federal Government referred
to in paragraph (1), as well as with State and local
governments, as appropriate.
SEC. 203. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL
INFORMATION.
(a) Definitions.--In this section:
(1) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section
1016(e) of the USA PATRIOT Act of 2001 (42 U.S.C. 5195(e)).
(2) Furnished voluntarily.--
(A) Definition.--The term ``furnished voluntarily'' means a
submission of a record that--
(i) is made to the Department in the absence of authority
of the Department requiring that record to be submitted; and
(ii) is not submitted or used to satisfy any legal
requirement or obligation or to obtain any grant, permit,
benefit (such as agency forbearance, loans, or reduction or
modifications of agency penalties or rulings), or other
approval from the Government.
(B) Benefit.--In this paragraph, the term ``benefit'' does
not include any warning, alert, or other risk analysis by the
Department.
(b) In General.--Notwithstanding any other provision of
law, a record pertaining to the vulnerability of and threats
to critical infrastructure (such as attacks, response, and
recovery efforts) that is furnished voluntarily to the
Department shall not be made available under section 552 of
title 5, United States Code, if--
(1) the provider would not customarily make the record
available to the public; and
(2) the record is designated and certified by the provider,
in a manner specified by the Department, as confidential and
not customarily made available to the public.
(c) Records Shared With Other Agencies.--
(1) In general.--
(A) Response to request.--An agency in receipt of a record
that was furnished voluntarily to the Department and
subsequently shared with the agency shall, upon receipt of a
request under section 552 of title 5, United States Code, for
the record--
(i) not make the record available; and
(ii) refer the request to the Department for processing and
response in accordance with this section.
(B) Segregable portion of record.--Any reasonably
segregable portion of a record shall be provided to the
person requesting the record after deletion of any portion
which is exempt under this section.
(2) Disclosure of independently furnished records.--
Notwithstanding paragraph (1), nothing in this section shall
prohibit an agency from making available under section 552 of
title 5, United States Code, any record that the agency
receives independently of the Department, regardless of
whether or not the Department has a similar or identical
record.
(d) Withdrawal of Confidential Designation.--The provider
of a record that is furnished voluntarily to the Department
under subsection (b) may at any time withdraw, in a manner
specified by the Department, the confidential designation.
(e) Procedures.--The Secretary shall prescribe procedures
for--
(1) the acknowledgement of receipt of records furnished
voluntarily;
(2) the designation, certification, and marking of records
furnished voluntarily as confidential and not customarily
made available to the public;
(3) the care and storage of records furnished voluntarily;
(4) the protection and maintenance of the confidentiality
of records furnished voluntarily; and
(5) the withdrawal of the confidential designation of
records under subsection (d).
(f) Effect on State and Local Law.--Nothing in this section
shall be construed as preempting or otherwise modifying State
or local law concerning the disclosure of any information
that a State or local government receives independently of
the Department.
(g) Report.--
(1) Requirement.--Not later than 18 months after the date
of enactment of this Act, the Comptroller General of the
United States shall submit to the committees of Congress
specified in paragraph (2) a report on the implementation and
use of this section, including--
(A) the number of persons in the private sector, and the
number of State and local agencies, that furnished
voluntarily records to the Department under this section;
(B) the number of requests for access to records granted or
denied under this section; and
(C) such recommendations as the Comptroller General
considers appropriate regarding improvements in the
collection and analysis of sensitive information held by
persons in the private sector, or by State and local
agencies, relating to vulnerabilities of and threats to
critical infrastructure, including the response to such
vulnerabilities and threats.
[[Page S9278]]
(2) Committees of congress.--The committees of Congress
specified in this paragraph are--
(A) the Committees on the Judiciary and Governmental
Affairs of the Senate; and
(B) the Committees on the Judiciary and Government Reform
and Oversight of the House of Representatives.
(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY.
There shall be in the Department a Directorate of Science
and Technology headed by an Under Secretary for Science and
Technology.
SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER
SECRETARY FOR SCIENCE AND TECHNOLOGY.
In assisting the Secretary with the responsibility
specified in section 101(b)(2)(B), the primary
responsibilities of the Under Secretary for Science and
Technology shall include--
(1) advising the Secretary regarding research and
development efforts and priorities in support of the
Department's missions;
(2) supporting all elements of the Department in research,
development, testing, evaluation and deployment of science
and technology that is applicable in the detection of,
prevention of, protection against, response to, attribution
of, and recovery from homeland security threats, particularly
acts of terrorism;
(3) to support the Under Secretary for Information Analysis
and Infrastructure Protection, by assessing and testing
homeland security vulnerabilities and possible threats;
(4) conducting a national scientific research and
development program to support the mission of the Department,
including developing national policy for and coordinating the
Federal Government's civilian efforts to identify, devise,
and implement scientific, technological, and other
countermeasures to chemical, biological, radiological,
nuclear, and other emerging terrorist threats, including
directing, funding and conducting research and development
relating to the same;
(5) establishing priorities for, directing, funding, and
conducting national research, development, test and
evaluation, and procurement of technology and systems--
(A) for preventing the importation of chemical, biological,
radiological, nuclear, and related weapons and material; and
(B) for detecting, preventing, protecting against, and
responding to terrorist attacks;
(6) establishing a system for transferring homeland
security developments or technologies to federal, state,
local government, and private sector entities;
(7) entering into joint sponsorship agreements with the
Department of Energy regarding the use of the national
laboratories or sites and support of the science and
technology base at those facilities;
(8) collaborating with the Secretary of Agriculture in
determining the biological agents and toxins that shall be
included on the list of biological agents and toxins required
under section 212(a) of the Agricultural Bioterrorism
Protection Act of 2002 (7 U.S.C. 8401);
(9) collaborating with the Secretary of Health and Human
Services in determining the biological agents and toxins that
shall be listed as ``select agents'' in Appendix A of part 72
of title 42, Code of Federal Regulations, pursuant to section
351A of the Public Health Service Act (42 U.S.C. 262a); and
(10) supporting United States leadership in science and
technology.
SEC. 303. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and
liabilities of the following entities:
(1) The following programs and activities of the Department
of Energy, including the functions of the Secretary of Energy
relating thereto (but not including programs and activities
relating to the strategic nuclear defense posture of the
United States):
(A) The chemical and biological national security and
supporting programs and activities of the nonproliferation
and verification research and development program.
(B) The nuclear smuggling programs and activities within
the proliferation detection program of the nonproliferation
and verification research and development program. The
programs and activities described in this subparagraph may be
designated by the President either for transfer to the
Department or for joint operation by the Secretary and the
Secretary of Energy.
(C) The nuclear assessment program and activities of the
assessment, detection, and cooperation program of the
international materials protection and cooperation program.
(D) Such life sciences activities of the biological and
environmental research program related to microbial pathogens
as may be designated by the President for transfer to the
Department.
(E) The Environmental Measurements Laboratory.
(F) The advanced scientific computing research program and
activities at Lawrence Livermore National Laboratory.
(2) The National Bio-Weapons Defense Analysis Center of the
Department of Defense, including the functions of the
Secretary of Defense related thereto.
(3) The Plum Island Animal Disease Center of the Department
of Agriculture, including the functions of the Secretary of
Agriculture relating thereto, as provided in section 310.
(4)(A) Except as provided in subparagraph (B)--
(i) the functions of the Select Agent Registration Program
of the Department of Health and Human Services, including all
functions of the Secretary of Health and Human Services under
title II of the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002 (Public Law 107-188);
and
(ii) the functions of the Department of Agriculture under
the Agricultural Bioterrorism Protection Act of 2002 (7
U.S.C. 8401 et seq.).
(B)(i) The Secretary shall collaborate with the Secretary
of Health and Human Services in determining the biological
agents and toxins that shall be listed as ``select agents''
in Appendix A of part 72 of title 42, Code of Federal
Regulations, pursuant to section 351A of the Public Health
Service Act (42 U.S.C. 262a).
(ii) The Secretary shall collaborate with the Secretary of
Agriculture in determining the biological agents and toxins
that shall be included on the list of biological agents and
toxins required under section 212(a) of the Agricultural
Bioterrorism Protection Act of 2002 (7 U.S.C. 8401).
(C) In promulgating regulations pursuant to the functions
described in subparagraph (A), the Secretary shall act in
collaboration with the Secretary of Health and Human Services
and the Secretary of Agriculture.
SEC. 304. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED
ACTIVITIES.
(a) In General.--Except as the President may otherwise
direct, the Secretary shall carry out his civilian human
health-related biological, biomedical, and infectious disease
defense research and development (including vaccine research
and development) responsibilities through the Department of
Health and Human Services (including the Public Health
Service), under agreements with the Secretary of Health and
Human Services, and may transfer funds to him in connection
with such agreements.
(b) Establishment of Program.--With respect to any
responsibilities carried out through the Department of Health
and Human Services under this subsection, the Secretary, in
consultation with the Secretary of Health and Human Services,
shall have the authority to establish the research and
development program, including the setting of priorities.
SEC. 305. RESEARCH IN CONJUNCTION WITH THE DEPARTMENT OF
HEALTH AND HUMAN SERVICES AND OTHER
DEPARTMENTS.
With respect to such other research and development
responsibilities under this title, including health-related
chemical, radiological, and nuclear defense research and
development responsibilities, as the Secretary may elect to
carry out through the Department of Health and Human Services
(including the Public Health Service) (under agreements with
the Secretary of Health and Human Services) or through other
Federal agencies (under agreements with their respective
heads), the Secretary may transfer funds to the Secretary of
Health and Human Services, or to such heads, as the case may
be.
SEC. 306. HOMELAND SECURITY ADVANCED RESEARCH PROJECTS
AGENCY.
(a) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the Acceleration Fund
for Research and Development of Homeland Security
Technologies established under this section.
(2) Homeland security research and development.--The term
``homeland security research and development'' means research
and development of technologies that are applicable in the
detection of, prevention of, protection against, response to,
attribution of, and recovery from homeland security threats,
particularly acts of terrorism.
(3) HSARPA.--The term ``HSARPA'' means the Homeland
Security Advanced Research Projects Agency established under
this section.
(4) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Science and Technology or the
designee of that Under Secretary.
(b) Purposes.--The purposes of this section are to--
(1) establish the Homeland Security Advanced Research
Projects Agency to prioritize and fund homeland security
research and development using the acceleration fund; and
(2) establish a fund to leverage existing research and
development and accelerate the deployment of technology that
will serve to enhance homeland defense.
(c) Fund.--
(1) Establishment.--There is established the Acceleration
Fund for Research and Development of Homeland Security
Technologies.
(2) Use of fund.--The Fund may be used to--
(A) accelerate research, development, testing and
evaluation, and deployment of critical homeland security
technologies; and
(B) support homeland security research and development.
(3) Authorization of appropriations.--There are authorized
to be appropriated $500,000,000 to the Fund for fiscal year
2003, and such sums as may be necessary in subsequent years.
[[Page S9279]]
(4) Transition of Funds.--With respect to such research,
development, testing, and evaluation responsibilities under
this section as the Secretary may elect to carry out through
agencies other than the Department (under agreements with
their respective heads), the Secretary may transfer funds to
such heads. Of the funds authorized to be appropriated under
paragraph (3) for the Fund, not less than 10 percent of such
funds for each fiscal year through fiscal year 2005 shall be
authorized only for the Under Secretary, through joint
agreement with the Commandant of the Coast Guard, to carry
out research and development of improved ports, waterways,
and coastal security surveillance and perimeter protection
capabilities for the purpose of minimizing the possibility
that Coast Guard cutters, aircraft, helicopters, and
personnel will be diverted from non-homeland security
missions to the ports, waterways, and coastal security
mission.
(d) Responsibilities of the Homeland Security Advanced
Research Projects Agency.--The Homeland Security Advance
Research Project Agency shall have the following
responsibilities:
(1) To facilitate effective communication among
departments, agencies, and other entities of the Federal
Government, with respect to the conduct of research and
development related to homeland security.
(2) To identify, by consensus and on a yearly basis,
specific technology areas for which the Fund shall be used to
rapidly transition homeland security research and development
into deployed technology and reduce identified homeland
security vulnerabilities. The identified technology areas
shall, as determined by the Homeland Security Advanced
Research Projects Agency, be areas in which there exist
research and development projects that address identified
homeland security vulnerabilities and can be accelerated to
the stage of prototyping, evaluating, transitioning, or
deploying.
(3) To administer the Fund, including--
(A) issuing an annual multiagency program announcement
soliciting proposals from government entities, federally
funded research and development centers, industry, and
academia;
(B) competitively selecting, on the basis of a merit-based
review, proposals that advance the state of deployed
technologies in the areas identified for that year;
(C) at the discretion of the HSARPA, assigning 1 or more
program managers to oversee, administer, and execute a Fund
project as the agent of HSARPA; and
(D) providing methods of funding, including grants,
cooperative agreements, joint sponsorship agreements, or any
other transaction.
(4) With respect to expenditures from the Fund, exercise
acquisition authority consistent with the authority described
under section 2371 of title 10, United States Code, relating
to authorizing cooperative agreements and other transactions.
(5) In hiring personnel to assist in the administration of
the HSARPA, have the authority to exercise the personnel
hiring and management authorities described in section 1101
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (5 U.S.C. 3104 note; Public Law 105-261)
with the stipulation that the Secretary shall exercise such
authority for a period of 7 years commencing on the date of
enactment of this Act, that a maximum of 100 persons may be
hired under such authority, and that the term of appointments
for employees under subsection (c)(1) of that section may not
exceed 5 years before the granting of any extension under
subsection (c)(2) of that section.
(6) Develop and oversee the implementation of periodic
homeland security technology demonstrations, held at least
annually, for the purpose of improving contact between
technology developers, vendors, and acquisition personnel
associated with related industries.
SEC. 307. MISCELLANEOUS AUTHORITIES RELATING TO NATIONAL
LABORATORIES.
(a) In General.--The limitation of the number of employees
of the Department of Energy national laboratories assigned to
Washington, D.C. shall not apply to those employees who, at
the request of the Secretary, are assigned, on a temporary
basis, to assist in the establishment of the Department.
(b) Direct Tasking.--Notwithstanding any other law
governing the administration, mission, use, or operations of
any of the Department of Energy national laboratories and
sites, such laboratories and sites are authorized to accept
direct tasking from the Secretary or his designee, consistent
with resources provided, and perform such tasking on an equal
basis to other missions at the laboratory and not on a
noninterference basis with other missions of such laboratory
or site.
SEC. 308. HOMELAND SECURITY INSTITUTE.
Within the Directorate of Science and Technology there
shall be established a Homeland Security Institute as a
separate federally funded research and development center
under the direction of the Under Secretary to perform policy
and systems analysis, assist in the definition of standards
and metrics, assist agencies with evaluating technologies for
deployment, proposing risk management strategies based on
technology developments, and performing other appropriate
research and analysis to improve policy and decisionmaking as
it relates to the mission of the Department. The Homeland
Security Institute shall utilize the capabilities of the
National Infrastructure Simulation and Analysis Center.
SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL
LABORATORIES AND SITES IN SUPPORT OF HOMELAND
SECURITY ACTIVITIES.
(a) Office for National Laboratories.--There is established
within the Directorate of Science and Technology an Office
for National Laboratories, which shall be responsible for the
coordination and utilization of the Department of Energy
national laboratories and sites in a manner to create a
networked laboratory system for the purpose of supporting the
missions of the Department.
(b) Joint Sponsorship.--The Department may be a joint
sponsor, under a multiple agency sponsorship arrangement with
the Department of Energy, of 1 or more Department of Energy
national laboratories in the performance of work.
(c) Arrangements.--The Department may be a joint sponsor of
a Department of Energy site in the performance of work as if
such site were a federally funded research and development
center and the work were performed under a multiple agency
sponsorship arrangement with the Department.
(d) Primary Sponsor.--The Department of Energy shall be the
primary sponsor under a multiple agency sponsorship
arrangement entered into under subsection (a) or (b).
(e) Lead Agent.--
(1) In general.--The Secretary of Energy shall act as the
lead agent in coordinating the formation and performance of a
joint sponsorship agreement between the Department and a
Department of Energy national laboratory or site for work on
homeland security.
(2) Federal acquisition regulation.--Any work performed by
a national laboratory or site under this section shall comply
with the policy on the use of federally funded research and
development centers under section 35.017(a) (4) of the
Federal Acquisition Regulation.
(f) Funding.--The Department shall provide funds for work
at the Department of Energy national laboratories or sites,
as the case may be, under this section under the same terms
and conditions as apply to the primary sponsor of such
national laboratory under section 303(b)(1)(C) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253 (b)(1)(C)) or of such site to the extent such section
applies to such site as a federally funded research and
development center by reason of subsection (b).
(g) Authorities of Secretary and Under Secretary.--In
connection with work involving the Department of Energy
national laboratories or sites, the Secretary or Under
Secretary for Science and Technology--
(1) may enter into joint sponsorship agreements with
Department of Energy national laboratories or sites;
(2) may directly fund, task, and manage work at the
Department of Energy national laboratories and sites; and
(3) may permit the director of any Department of Energy
national laboratory or site to enter into cooperative
research and development agreements or to negotiate licensing
agreements with any person, any agency or instrumentality, of
the United States, any unit of State or local government, and
any other entity under the authority granted by section 12 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a). Technology may be transferred to a non-Federal
party to such an agreement consistent with the provisions of
sections 11 and 12 of such Act (15 U.S.C. 3710, 3710a).
SEC. 310. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER,
DEPARTMENT OF AGRICULTURE.
(a) In General.--In accordance with title VIII, the
Secretary of Agriculture shall transfer to the Secretary of
Homeland Security the Plum Island Animal Disease Center of
the Department of Agriculture, including the assets and
liabilities of the Center.
(b) Continued Department of Agriculture Access.--On
completion of the transfer of the Plum Island Animal Disease
Center under subsection (a), the Secretary of Homeland
Security and the Secretary of Agriculture shall enter into an
agreement to ensure that the Department of Agriculture is
able to carry out research, diagnostic, and other activities
of the Department of Agriculture at the Center.
(c) Direction of Activities.--The Secretary of Agriculture
shall continue to direct the research, diagnostic, and other
activities of the Department of Agriculture at the Center
described in subsection (b).
(d) Notification.--
(1) In general.--At least 180 days before any change in the
biosafety level at the Plum Island Animal Disease Center, the
President shall notify Congress of the change and describe
the reasons for the change.
(2) Limitation.--No change described in paragraph (1) may
be made earlier than 180 days after the completion of the
transition period (as defined in section 801(2)).
SEC. 311. CLEARINGHOUSE.
(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall provide for a
clearinghouse as a central, national point of entry for
individuals or companies seeking guidance on how to pursue
proposals to develop or deploy products that would contribute
to homeland security. Such clearinghouse shall refer those
seeking guidance on Federal funding, regulation, acquisition,
or other
[[Page S9280]]
matters to the appropriate unit of the Department or to other
appropriate Federal agencies.
(b) Screenings and Assessments.--The Under Secretary for
Science and Technology shall work in conjunction with the
Technical Support Working Group (organized under the April
1982, National Security Decision Directive Numbered 30) to--
(1) screen proposals described in subsection (a), as
appropriate;
(2) assess the feasibility, scientific and technical
merits, and estimated cost of proposals screened under
paragraph (1), as appropriate; and
(3) identify areas where existing technologies may be
easily adapted and deployed to meet the homeland security
agenda of the Federal Government.
TITLE IV--BORDER AND TRANSPORTATION SECURITY
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION
SECURITY.
There shall be in the Department a Directorate for Border
and Transportation Security headed by an Under Secretary for
Border and Transportation Security.
SEC. 402. RESPONSIBILITIES.
In assisting the Secretary with the responsibilities
specified in section 101(b)(2)(C), the primary
responsibilities of the Under Secretary for Border and
Transportation Security shall include--
(1) preventing the entry of terrorists and the instruments
of terrorism into the United States;
(2) securing the borders, territorial waters, ports,
terminals, waterways, and air, land, and sea transportation
systems of the United States, including managing and
coordinating governmental activities at ports of entry;
(3) administering the immigration and naturalization laws
of the United States, including the establishment of rules,
in accordance with section 406, governing the granting of
visas or other forms of permission, including parole, to
enter the United States to individuals who are not citizens
or lawful permanent residents thereof;
(4) administering the customs laws of the United States;
(5) in carrying out the foregoing responsibilities,
ensuring the speedy, orderly, and efficient flow of lawful
traffic and commerce;
(6) carrying out the border patrol function; and
(7) administering and enforcing the functions of the
Department under the immigration laws of the United States
with respect to the inspection of aliens arriving at ports of
entry of the United States.
SEC. 403. FUNCTIONS TRANSFERRED.
(a) In General.--In accordance with title VIII, there shall
be transferred to the Secretary the functions, personnel,
assets, and liabilities of--
(1) the United States Customs Service of the Department of
the Treasury, including the functions of the Secretary of the
Treasury relating thereto;
(2) the Transportation Security Administration of the
Department of Transportation, including the functions of the
Secretary of Transportation, and of the Under Secretary of
Transportation for Security, relating thereto;
(3) the Federal Protective Service of the General Services
Administration, including the functions of the Administrator
of General Services relating thereto; and
(4) the Federal Law Enforcement Training Center of the
Department of the Treasury.
(b) Exercise of Customs Revenue Authorities.--
(1) In general.--
(A) Authorities not transferred.--Notwithstanding
subsection (a)(1), authority that was vested in the Secretary
of the Treasury by law to issue regulations related to
customs revenue functions before the effective date of this
section under the provisions of law set forth under paragraph
(2) shall not be transferred to the Secretary by reason of
this Act. The Secretary of the Treasury, with the concurrence
of the Secretary, shall exercise this authority. The
Commissioner of Customs is authorized to engage in activities
to develop and support the issuance of the regulations
described in this paragraph. The Secretary shall be
responsible for the implementation and enforcement of
regulations issued under this section.
(B) Report.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the Treasury shall
submit a report to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives of proposed conforming amendments to the
statutes set forth under paragraph (2) in order to determine
the appropriate allocation of legal authorities described
under this subsection. The Secretary of the Treasury shall
also identify those authorities vested in the Secretary of
the Treasury that are exercised by the Commissioner of
Customs on or before the effective date of this section.
(C) Liability.--Neither the Secretary of the Treasury nor
the Department of the Treasury shall be liable for or named
in any legal action concerning the implementation and
enforcement of regulations issued under this paragraph after
the effective date of this Act.
(2) Applicable laws.--The provisions of law referred to
under paragraph (1) are those sections of the following
statutes that relate to customs revenue functions:
(A) The Tariff Act of 1930.
(B) Section 249 of the Revised Statutes of the United
States (19 U.S.C. 3).
(C) Section 2 of the Act of March 4, 1923 (19 U.S.C. 6).
(D) Section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c).
(E) Section 251 of the Revised States of the United States
(19 U.S.C. 66).
(F) Section 1 of the Act of June 26, 1930 (19 U.S.C. 68).
(G) The Foreign Trade Zones Act (19 U.S.C. 81a et seq.).
(H) Section 1 of the Act of March 2, 1911 (19 U.S.C. 198).
(I) The Trade Act of 1974.
(J) The Trade Agreement Act of 1979.
(K) The North American Free Trade Area Implementation Act.
(L) The Uruguay Round Agreements Act.
(M) The Caribbean Basin Economic Recovery Act.
(N) The Andean Growth and Opportunity Act.
(O) Any other provision of law vesting customs revenue
functions in the Secretary of the Treasury.
(3) Definitions of customs revenue functions.--In this
subsection, the term ``customs revenue functions'' means--
(A) assessing, collecting, and refunding duties (including
any special duties), excise taxes, fees, and any liquidated
damages or penalties due on imported merchandise, including
classifying and valuing merchandise and the procedures for
``entry'' as that term is defined in the United States
Customs laws;
(B) administering section 337 of the Tariff Act of 1930 and
provisions relating to import quotas and the marking of
imported merchandise, and providing Customs Recordation for
copyrights, patents, and trademarks;
(C) collecting accurate import data for compilation of
international trade statistics; and
(D) administering reciprocal trade agreements and trade
preference legislation.
SEC. 404. TRANSFER OF CERTAIN AGRICULTURAL INSPECTION
FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE.
(a) Transfer of Agricultural Import and Entry Inspection
Functions.--There shall be transferred to the Secretary the
functions of the Secretary of Agriculture relating to
agricultural import and entry inspection activities under the
laws specified in subsection (b).
(b) Covered Animal and Plant Protection Laws.--The laws
referred to in subsection (a) are the following:
(1) The Act commonly known as the Virus-Serum-Toxin Act
(the eighth paragraph under the heading ``Bureau of Animal
Industry'' in the Act of March 4, 1913; 21 U.S.C. 151 et
seq.).
(2) The first section of the Act of August 31, 1922
(commonly known as the Honeybee Act; 7 U.S.C. 281).
(3) Title III of the Federal Seed Act (7 U.S.C. 1581 et
seq.).
(4) The Plant Protection Act (7 U.S.C. 7701 et seq.).
(5) The Animal Health Protection Act (subtitle E of title X
of Public Law 107-171; 7 U.S.C. 8301 et seq.).
(6) The Lacey Act Amendments of 1981 (16 U.S.C. 3371 et
seq.).
(7) Section 11 of the Endangered Species Act of 1973 (16
U.S.C. 1540).
(c) Exclusion of Quarantine Activities.--For purposes of
this section, the term ``functions'' does not include any
quarantine activities carried out under the laws specified in
subsection (b).
(d) Effect of Transfer.--
(1) Compliance with department of agriculture
regulations.--The authority transferred pursuant to
subsection (a) shall be exercised by the Secretary in
accordance with the regulations, policies, and procedures
issued by the Secretary of Agriculture regarding the
administration of the laws specified in subsection (b).
(2) Rulemaking coordination.--The Secretary of Agriculture
shall coordinate with the Secretary whenever the Secretary of
Agriculture prescribes regulations, policies, or procedures
for administering the laws specified in subsection (b) at the
locations referred to in subsection (a).
(3) Effective administration.--The Secretary, in
consultation with the Secretary of Agriculture, may issue
such directives and guidelines as are necessary to ensure the
effective use of personnel of the Department to carry out the
functions transferred pursuant to subsection (a).
(e) Transfer Agreement.--
(1) Agreement required; revision.--Before the end of the
transition period, as defined in section 801(2), the
Secretary of Agriculture and the Secretary shall enter into
an agreement to effectuate the transfer of functions required
by subsection (a). The Secretary of Agriculture and the
Secretary may jointly revise the agreement as necessary
thereafter.
(2) Required terms.--The agreements required by this
subsection shall provide for the following:
(A) The supervision by the Secretary of Agriculture of the
training of employees of the Department to carry out the
functions transferred pursuant to subsection (a).
(B) The transfer of funds to the Secretary under subsection
(f).
(C) Authority under which the Secretary may perform
functions that are delegated to the Animal and Plant
Inspection Service of the Department of Agriculture regarding
the protection of domestic livestock and plants, but not
transferred to the Secretary pursuant to subsection (a).
[[Page S9281]]
(D) Authority under which the Secretary of Agriculture may
use employees of the Department to carry out authorities
delegated to the Animal and Plant Health Inspection Service
regarding the protection of domestic livestock and plants.
(f) Periodic Transfer of Funds to Department of Homeland
Security.--
(1) Transfer of funds.--Subject to paragraph (2), out of
any funds collected as fees under sections 2508 and 2509 of
the Food, Agriculture, Conservation, and Trade Act of 1990
(21 U.S.C. 136, 136a), the Secretary of Agriculture shall
periodically transfer to the Secretary, in accordance with
the agreement under subsection (e), funds for activities
carried out by the Secretary for which the fees were
collected.
(2) Limitation.--The proportion of fees collected under
sections 2508 and 2509 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a)
that are transferred to the Secretary under paragraph (1) may
not exceed the proportion that--
(A) the costs incurred by the Secretary to carry out
activities funded by those fees; bears to
(B) the costs incurred by the Federal Government to carry
out activities funded by those fees.
(g) Transfer of Department of Agriculture Employees.--Not
later than the completion of the transition period (as
defined in section 801(2)), the Secretary of Agriculture
shall transfer to the Department not more than 3,200 full-
time equivalent positions of the Department of Agriculture.
(h) Protection of Inspection Animals.--Title V of the
Agricultural Risk Protection Act of 2002 (7 U.S.C. 2279e,
2279f) is amended--
(1) in section 501(a)--
(A) by inserting ``or the Department of Homeland Security''
after ``Department of Agriculture''; and
(B) by inserting ``or the Secretary of Homeland Security''
after ``Secretary of Agriculture'';
(2) by striking ``Secretary'' each place it appears (other
than in sections 501(a) and 501(e)) and inserting ``Secretary
concerned''; and
(3) by adding at the end of section 501 the following:
``(i) Secretary Concerned Defined.--In this title, the term
`Secretary concerned' means--
``(1) the Secretary of Agriculture, with respect to an
animal used for purposes of official inspections by the
Department of Agriculture; and
``(2) the Secretary of Homeland Security, with respect to
an animal used for purposes of official inspections by the
Department of Homeland Security.''.
(j) Conforming Amendments.--
(1) Section 501 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 2279e) is amended--
(A) in subsection (a)--
(i) by inserting ``or the Department of Homeland Security''
after ``Department of Agriculture''; and
(ii) by inserting ``or the Secretary of Homeland Security''
after ``Secretary of Agriculture''; and
(B) by striking ``Secretary'' each place it appears (other
than in subsections (a) and (e)) and inserting ``Secretary
concerned''.
(2) Section 221 of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (7 U.S.C.
8411) is repealed.
SEC. 405. COORDINATION OF INFORMATION AND INFORMATION
TECHNOLOGY.
(a) Definition of Affected Agency.--In this section, the
term ``affected agency'' means--
(1) the Department;
(2) the Department of Agriculture;
(3) the Department of Health and Human Services; and
(4) any other department or agency determined to be
appropriate by the Secretary.
(b) Coordination.--The Secretary, in coordination with the
Secretary of Agriculture, the Secretary of Health and Human
Services, and the head of each other department or agency
determined to be appropriate by the Secretary, shall ensure
that appropriate information (as determined by the Secretary)
concerning inspections of articles that are imported or
entered into the United States, and are inspected or
regulated by 1 or more affected agencies, is timely and
efficiently exchanged between the affected agencies.
(c) Report and Plan.--Not later than 18 months after the
date of enactment of this Act, the Secretary, in consultation
with the Secretary of Agriculture, the Secretary of Health
and Human Services, and the head of each other department or
agency determined to be appropriate by the Secretary, shall
submit to Congress--
(1) a report on the progress made in implementing this
section; and
(2) a plan to complete implementation of this section.
SEC. 406. VISA ISSUANCE.
(a) Definition.--In this subsection, the term ``consular
office'' has the meaning given that term under section
101(a)(9) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(9)).
(b) In General.--Notwithstanding section 104(a) of the
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any
other provision of law, and except as provided in subsection
(c) of this section, the Secretary--
(1) shall be vested exclusively with all authorities to
issue regulations with respect to, administer, and enforce
the provisions of such Act, and of all other immigration and
nationality laws, relating to the functions of consular
officers of the United States in connection with the granting
or refusal of visas which authorities shall be exercised
through the Secretary of State, except that the Secretary
shall not have authority to alter or reverse the decision of
a consular officer to refuse a visa to an alien;
(2) may delegate in whole or part the authority under
subparagraph (A) to the Secretary of State; and
(3) shall have authority to confer or impose upon any
officer or employee of the United States, with the consent of
the head of the executive agency under whose jurisdiction
such officer or employee is serving, any of the functions
specified in paragraph (1).
(c) Authority of the Secretary of State.--
(1) In general.--Notwithstanding subsection (b), the
Secretary of State may direct a consular officer to refuse a
visa to an alien if the Secretary of State deems such refusal
necessary or advisable in the foreign policy or security
interests of the United States.
(2) Construction regarding authority.--Nothing in this
section shall be construed as affecting the authorities of
the Secretary of State under the following provisions of law:
(A) Section 101(a)(15)(A) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(A)).
(B) Section 204(d)(2) of the Immigration and Nationality
Act (8 U.S.C. 1154) (as it will take effect upon the entry
into force of the Convention on Protection of Children and
Cooperation in Respect to Inter-Country adoption).
(C) Section 212(a)(3)(B)(i)(IV)(bb) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(IV)(bb)).
(D) Section 212(a)(3)(B)(i)(VI) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(VI)).
(E) Section 212(a)(3)(B)(vi)(II) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(II)).
(F) Section 212(a)(3(C) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(C)).
(G) Section 212(a)(10)(C) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(10)(C)).
(H) Section 212(f) of the Immigration and Nationality Act
(8 U.S.C. 1182(f)).
(I) Section 219(a) of the Immigration and Nationality Act
(8 U.S.C. 1189(a)).
(J) Section 237(a)(4)(C) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(4)(C)).
(K) Section 401 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6034; Public Law
104-114).
(L) Section 613 of the Departments of Commerce, Justice,
and State, the Judiciary and Related Agencies Appropriations
Act, 1999 (as contained in section 101(b) of division A of
Public Law 105-277) (Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999); 112 Stat. 2681; H.R.
4328 (originally H.R. 4276) as amended by section 617 of
Public Law 106-553.
(M) Section 103(f) of the Chemical Weapon Convention
Implementation Act of 1998 (112 Stat. 2681-865).
(N) Section 801 of H.R. 3427, the Admiral James W. Nance
and Meg Donovan Foreign Relations Authorization Act, Fiscal
Years 2000 and 2001, as enacted by reference in Public Law
106-113.
(O) Section 568 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002
(Public Law 107-115).
(P) Section 51 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2723).
(d) Consular Officers and Chiefs of Missions.--
(1) In general.--Nothing in this subsection may be
construed to alter or affect--
(A) the employment status of consular officers as employees
of the Department of State; or
(B) the authority of a chief of mission under section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927).
(2) Construction regarding delegation of authority.--
Nothing in this section shall be construed to affect any
delegation of authority to the Secretary of State by the
President pursuant to any proclamation issued under section
212(f) of the Immigration and Nationality Act (8 U.S.C.
1182(f)).
(e) Assignment of Homeland Security Employees to Diplomatic
and Consular Posts.--
(1) In general.--The Secretary is authorized to assign
employees of the Department to each diplomatic and consular
post at which visas are issued, unless the Secretary
determines that such an assignment at a particular post would
not promote homeland security.
(2) Functions.--Employees assigned under paragraph (1)
shall perform the following functions:
(i) Provide expert advice to consular officers regarding
specific security threats relating to the adjudication of
individual visa applications or classes of applications.
(ii) Review any such applications, either on the initiative
of the employee of the Department or upon request by a
consular officer or other person charged with adjudicating
such applications.
(iii) Conduct investigations with respect to consular
matters under the jurisdiction of the Secretary.
(3) Evaluation of consular officers.--The Secretary of
State shall evaluate, in consultation with the Secretary, as
deemed
[[Page S9282]]
appropriate by the Secretary, the performance of consular
officers with respect to the processing and adjudication of
applications for visas in accordance with performance
standards developed by the Secretary for these procedures.
(4) Report.--The Secretary shall, on an annual basis,
submit a report to Congress that describes the basis for each
determination under paragraph (1) that the assignment of an
employee of the Department at a particular diplomatic post
would not promote homeland security.
(5) Permanent assignment; participation in terrorist
lookout committee.--When appropriate, employees of the
Department assigned to perform functions described in
paragraph (2) may be assigned permanently to overseas
diplomatic or consular posts with country-specific or
regional responsibility. If the Secretary so directs, any
such employee, when present at an overseas post, shall
participate in the terrorist lookout committee established
under section 304 of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (8 U.S.C. 1733).
(6) Training and hiring.--
(A) In general.--The Secretary shall ensure, to the extent
possible, that any employees of the Department assigned to
perform functions under paragraph (2) and, as appropriate,
consular officers, shall be provided the necessary training
to enable them to carry out such functions, including
training in foreign languages, in conditions in the
particular country where each employee is assigned, and in
other appropriate areas of study.
(B) Use of center.--The Secretary is authorized to use the
National Foreign Affairs Training Center, on a reimbursable
basis, to obtain the training described in subparagraph (A).
(7) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of
State shall submit to Congress--
(A) a report on the implementation of this subsection; and
(B) any legislative proposals necessary to further the
objectives of this subsection.
(8) Effective date.--This subsection shall take effect on
the earlier of--
(A) the date on which the President publishes notice in the
Federal Register that the President has submitted a report to
Congress setting forth a memorandum of understanding between
the Secretary and the Secretary of State governing the
implementation of this section; or
(B) the date occurring 1 year after the date of enactment
of this Act.
(f) No Creation of Private Right of Action.--Nothing in
this section shall be construed to create or authorize a
private right of action to challenge a decision of a consular
officer or other United States official or employee to grant
or deny a visa.
SEC. 407. BORDER SECURITY AND IMMIGRATION WORKING GROUP.
(a) Establishment.--The Secretary shall establish a border
security and immigration working group (in this section
referred to as the ``Working Group''), composed of the
Secretary or the designee of the Secretary, the Under
Secretary for Immigration Affairs, and the Under Secretary
for Border and Transportation protection.
(b) Functions.--The Working Group shall meet not less
frequently than once every 3 months and shall--
(1) with respect to border security functions, develop
coordinated budget requests, allocations of appropriations,
staffing requirements, communication, use of equipment,
transportation, facilities, and other infrastructure;
(2) coordinate joint and cross-training programs for
personnel performing border security functions;
(3) monitor, evaluate and make improvements in the coverage
and geographic distributions of border security programs and
personnel;
(4) develop and implement policies and technologies to
ensure the speedy, orderly, and efficient flow of lawful
traffic, travel and commerce, and enhanced security for high-
risk traffic, travel, and commerce;
(5) identify systemic problems in coordination encountered
by border security agencies and programs and propose
administrative, regulatory, or statutory changes to mitigate
such problems; and
(6) coordinate the enforcement of all immigration laws.
(c) Relevant Agencies.--The Secretary shall consult with
representatives of relevant agencies with respect to
deliberations under subsection (b), and may include
representative of such agencies in working group
deliberations, as appropriate.
SEC. 408. INFORMATION ON VISA DENIALS REQUIRED TO BE ENTERED
INTO ELECTRONIC DATA SYSTEM.
(a) In General.--Whenever a consular officer of the United
States denies a visa to an applicant, the consular officer
shall enter the fact and the basis of the denial and the name
of the applicant into the interoperable electronic data
system implemented under section 202(a) of the Enhanced
Border Security and Visa Entry Reform Act of 2002 (8 U.S.C.
1722(a)).
(b) Prohibition.--In the case of any alien with respect to
whom a visa has been denied under subsection (a)--
(1) no subsequent visa may be issued to the alien unless
the consular officer considering the alien's visa application
has reviewed the information concerning the alien placed in
the interoperable electronic data system, has indicated on
the alien's application that the information has been
reviewed, and has stated for the record why the visa is being
issued or a waiver of visa ineligibility recommended in spite
of that information; and
(2) the alien may not be admitted to the United States
without a visa issued in accordance with the procedures
described in paragraph (1).
SEC. 409. STUDY ON USE OF FOREIGN NATIONAL PERSONNEL IN VISA
PROCESSING.
The Secretary shall conduct a study on the use of foreign
national personnel in visa processing to determine whether
such uses are consistent with secure visa processing. The
study shall review and make recommendations with respect to--
(1) the effects or possible effects on national security of
the use of foreign national personnel in individual countries
to perform data entry, process visas or visa applications, or
in any way handle visas or visa application documents; and
(2) each United States mission abroad to determine whether
United States consular services performed at the United
States mission require different regulations on the use of
foreign national personnel.
TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE
SEC. 501. UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND
RESPONSE.
There shall be in the Department a Directorate of Emergency
Preparedness and Response headed by an Under Secretary for
Emergency Preparedness and Response.
SEC. 502. RESPONSIBILITIES.
In assisting the Secretary with the responsibilities
specified in section 101(b)(2)(D), the primary
responsibilities of the Under Secretary for Emergency
Preparedness and Response shall include--
(1) helping to ensure the preparedness of emergency
response providers for terrorist attacks, major disasters,
and other emergencies;
(2) with respect to the Nuclear Incident Response Team
(regardless of whether it is operating as an organizational
unit of the Department pursuant to this title)--
(A) establishing standards and certifying when those
standards have been met;
(B) conducting joint and other exercises and training and
evaluating performance; and
(C) providing funds to the Department of Energy and the
Environmental Protection Agency, as appropriate, for homeland
security planning, exercises and training, and equipment;
(3) providing the Federal Government's response to
terrorist attacks and major disasters, including--
(A) managing such response;
(B) directing the Domestic Emergency Support Team, the
Strategic National Stockpile, the National Disaster Medical
System, and (when operating as an organizational unit of the
Department pursuant to this title) the Nuclear Incident
Response Team;
(C) overseeing the Metropolitan Medical Response System;
and
(D) coordinating other Federal response resources in the
event of a terrorist attack or major disaster;
(4) aiding the recovery from terrorist attacks and major
disasters;
(5) building a comprehensive national incident management
system with Federal, State, and local government personnel,
agencies, and authorities, to respond to such attacks and
disasters;
(6) consolidating existing Federal Government emergency
response plans into a single, coordinated national response
plan; and
(7) developing comprehensive programs for developing
interoperative communications technology, and helping to
ensure that emergency response providers acquire such
technology.
SEC. 503. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and
liabilities of the following entities:
(1) The Federal Emergency Management Agency, including the
functions of the Director of the Federal Emergency Management
Agency relating thereto.
(2) The Office for Domestic Preparedness of the Office of
Justice Programs, including the functions of the Attorney
General relating thereto.
(3) The National Domestic Preparedness Office of the
Federal Bureau of Investigation, including the functions of
the Attorney General relating thereto.
(4) The Domestic Emergency Support Teams of the Department
of Justice, including the functions of the Attorney General
relating thereto.
(5) The Office of the Assistant Secretary for Public Health
Emergency Preparedness (including the Office of Emergency
Preparedness, the National Disaster Medical System, and the
Metropolitan Medical Response System) of the Department of
Health and Human Services, including the functions of the
Secretary of Health and Human Services relating thereto.
(6) The Strategic National Stockpile of the Department of
Health and Human Services, including the functions of the
Secretary of Health and Human Services relating thereto.
SEC. 504. NUCLEAR INCIDENT RESPONSE.
(a) In General.--At the direction of the Secretary (in
connection with an actual or threatened terrorist attack,
major disaster,
[[Page S9283]]
or other emergency), the Nuclear Incident Response Team shall
operate as an organizational unit of the Department. While so
operating, the Nuclear Incident Response Team shall be
subject to the direction, authority, and control of the
Secretary.
(b) Rule of Construction.--Nothing in this title shall be
construed to limit the ordinary responsibility of the
Secretary of Energy and the Administrator of the
Environmental Protection Agency for organizing, training,
equipping, and utilizing their respective entities in the
Nuclear Incident Response Team, or (subject to the provisions
of this title) from exercising direction, authority, and
control over them when they are not operating as a unit of
the Department.
SEC. 505. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED
ACTIVITIES.
(a) In General.--With respect to all public health-related
activities to improve State, local, and hospital preparedness
and response to chemical, biological, radiological, and
nuclear and other emerging terrorist threats carried out by
the Department of Health and Human Services (including the
Public Health Service), the Secretary of Health and Human
Services shall set priorities and preparedness goals and
further develop a coordinated strategy for such activities in
collaboration with the Secretary.
(b) Evaluation of Progress.--In carrying out subsection
(a), the Secretary of Health and Human Services shall
collaborate with the Secretary in developing specific
benchmarks and outcome measurements for evaluating progress
toward achieving the priorities and goals described in such
subsection.
SEC. 506. DEFINITION.
In this title, the term ``Nuclear Incident Response Team''
means a resource that includes--
(1) those entities of the Department of Energy that perform
nuclear or radiological emergency support functions
(including accident response, search response, advisory, and
technical operations functions), radiation exposure functions
at the medical assistance facility known as the Radiation
Emergency Assistance Center/Training Site (REAC/TS),
radiological assistance functions, and related functions; and
(2) those entities of the Environmental Protection Agency
that perform such support functions (including radiological
emergency response functions) and related functions.
TITLE VI--MANAGEMENT
SEC. 601. UNDER SECRETARY FOR MANAGEMENT.
There shall be in the Department a Directorate for
Management, headed by an Under Secretary for Management.
SEC. 602. RESPONSIBILITIES.
In assisting the Secretary with the management and
administration of the Department, the primary
responsibilities of the Under Secretary for Management shall
include, for the Department--
(1) the budget, appropriations, expenditures of funds,
accounting, and finance;
(2) procurement;
(3) human resources and personnel;
(4) information technology and communications systems;
(5) facilities, property, equipment, and other material
resources;
(6) security for personnel, information technology and
communications systems, facilities, property, equipment, and
other material resources; and
(7) identification and tracking of performance measures
relating to the responsibilities of the Department.
SEC. 603. CHIEF FINANCIAL OFFICER.
The Chief Financial Officer shall report to the Secretary,
or to another official of the Department, as the Secretary
may direct.
SEC. 604. CHIEF INFORMATION OFFICER.
The Chief Information Officer shall report to the
Secretary, or to another official of the Department, as the
Secretary may direct.
SEC. 605. CHIEF HUMAN CAPITAL OFFICER.
The Chief Human Capital Officer shall report to the
Secretary, or to another official of the Department, as the
Secretary may direct and shall ensure that all employees of
the Department are informed of their rights and remedies
under chapters 12 and 23 of title 5, United States Code, by--
(1) participating in the 2302(c) Certification Program of
the Office of Special Counsel;
(2) achieving certification from the Office of Special
Counsel of the Department's compliance with section 2302(c)
of title 5, United States Code; and
(3) informing Congress of such certification not later than
24 months after the date of enactment of this Act.
TITLE VII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
Subtitle A--Coordination with Non-Federal Entities
SEC. 701. RESPONSIBILITIES.
In discharging his responsibilities relating to
coordination (including the provision of training and
equipment) with State and local government personnel,
agencies, and authorities, with the private sector, and with
other entities, the responsibilities of the Secretary shall
include--
(1) coordinating with State and local government personnel,
agencies, and authorities, and with the private sector, to
ensure adequate planning, equipment, training, and exercise
activities;
(2) coordinating and, as appropriate, consolidating the
Federal Government's communications and systems of
communications relating to homeland security with State and
local government personnel, agencies, and authorities, the
private sector, other entities, and the public;
(3) directing and supervising grant programs of the Federal
Government for State and local government emergency response
providers; and
(4) distributing or, as appropriate, coordinating the
distribution of, warnings and information to State and local
government personnel, agencies, and authorities and to the
public.
Subtitle B--Inspector General
SEC. 710. AUTHORITY OF THE SECRETARY.
(a) In General.--Notwithstanding the last two sentences of
section 3(a) of the Inspector General Act of 1978, the
Inspector General shall be under the authority, direction,
and control of the Secretary with respect to audits or
investigations, or the issuance of subpoenas, that require
access to information concerning--
(1) intelligence, counterintelligence, or counterterrorism
matters;
(2) ongoing criminal investigations or proceedings;
(3) undercover operations;
(4) the identity of confidential sources, including
protected witnesses;
(5) other matters the disclosure of which would, in the
Secretary's judgment, constitute a serious threat to the
protection of any person or property authorized protection by
section 3056 of title 18, United States Code, section 202 of
title 3 of such Code, or any provision of the Presidential
Protection Assistance Act of 1976; or
(6) other matters the disclosure of which would, in the
Secretary's judgment, constitute a serious threat to national
security.
(b) Prohibition of Completion of Audit or Investigation.--
With respect to the information described in subsection (a),
the Secretary may prohibit the Inspector General from
carrying out or completing any audit or investigation, or
from issuing any subpoena, after such Inspector General has
decided to initiate, carry out, or complete such audit or
investigation or to issue such subpoena, if the Secretary
determines that such prohibition is necessary to prevent the
disclosure of any information described in subsection (a), to
preserve the national security, or to prevent a significant
impairment to the interests of the United States.
(c) Notification.--The Secretary shall notify in writing
the President of the Senate, the Speaker of the House of
Representatives, the Committee on Governmental Affairs of the
Senate, the Committee on Government Reform of the House of
Representatives, and other appropriate committees of Congress
within thirty days of any exercise of his authority under
this section stating the reasons for such exercise.
SEC. 711. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS.
(a) In General.--Section 6 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by adding at the end the
following:
``(e)(1) In addition to the authority otherwise provided by
this Act, each Inspector General appointed under section 3,
any Assistant Inspector General for Investigations under such
an Inspector General, and any special agent supervised by
such an Assistant Inspector General may be authorized by the
Attorney General to--
``(A) carry a firearm while engaged in official duties as
authorized under this Act or other statute, or as expressly
authorized by the Attorney General;
``(B) make an arrest without a warrant while engaged in
official duties as authorized under this Act or other
statute, or as expressly authorized by the Attorney General,
for any offense against the United States committed in the
presence of such Inspector General, Assistant Inspector
General, or agent, or for any felony cognizable under the
laws of the United States if such Inspector General,
Assistant Inspector General, or agent has reasonable grounds
to believe that the person to be arrested has committed or is
committing such felony; and
``(C) seek and execute warrants for arrest, search of a
premises, or seizures of evidence issued under the authority
of the United States upon probable cause to believe that a
violation has been committed.
``(2) The Attorney General may authorize exercise of the
powers under this subsection only upon an initial
determination that--
``(A) the affected Office of Inspector General is
significantly hampered in the performance of responsibilities
established by this Act as a result of the lack of such
powers;
``(B) available assistance from other law enforcement
agencies is insufficient to meet the need for such powers;
and
``(C) adequate internal safeguards and management
procedures exist to ensure proper exercise of such powers.
``(3) The Inspector General offices of the Department of
Commerce, Department of Education, Department of Energy,
Department of Health and Human Services, Department of
Homeland Security, Department of Housing and Urban
Development, Department of the Interior, Department of
Justice, Department of Labor, Department of State, Department
of Transportation, Department of the Treasury, Department of
Veterans Affairs, Agency for International Development,
Environmental Protection Agency, Federal Deposit Insurance
Corporation, Federal Emergency Management Agency, General
Services Administration, National Aeronautics and Space
Administration, Nuclear
[[Page S9284]]
Regulatory Commission, Office of Personnel Management,
Railroad Retirement Board, Small Business Administration,
Social Security Administration, and the Tennessee Valley
Authority are exempt from the requirement of paragraph (2) of
an initial determination of eligibility by the Attorney
General.
``(4) The Attorney General shall promulgate, and revise as
appropriate, guidelines which shall govern the exercise of
the law enforcement powers established under paragraph (1).
``(5) Powers authorized for an Office of Inspector General
under paragraph (1) shall be rescinded or suspended upon a
determination by the Attorney General that any of the
requirements under paragraph (2) is no longer satisfied or
that the exercise of authorized powers by that Office of
Inspector General has not complied with the guidelines
promulgated by the Attorney General under paragraph (4).
``(6) A determination by the Attorney General under
paragraph (2) or (5) shall not be reviewable in or by any
court.
``(7) To ensure the proper exercise of the law enforcement
powers authorized by this subsection, the Offices of
Inspector General described under paragraph (3) shall, not
later than 180 days after the date of enactment of this
subsection, collectively enter into a memorandum of
understanding to establish an external review process for
ensuring that adequate internal safeguards and management
procedures continue to exist within each Office and within
any Office that later receives an authorization under
paragraph (2). The review process shall be established in
consultation with the Attorney General, who shall be provided
with a copy of the memorandum of understanding that
establishes the review process. Under the review process, the
exercise of the law enforcement powers by each Office of
Inspector General shall be reviewed periodically by another
Office of Inspector General or by a committee of Inspectors
General. The results of each review shall be communicated in
writing to the applicable Inspector General and to the
Attorney General.
``(8) No provision of this subsection shall limit the
exercise of law enforcement powers established under any
other statutory authority, including United States Marshals
Service special deputation.''.
(b) Promulgation of Initial Guidelines.--
(1) Definition.--In this subsection, the term ``memoranda
of understanding'' means the agreements between the
Department of Justice and the Inspector General offices
described under section 6(e)(3) of the Inspector General Act
of 1978 (5 U.S.C. App.) (as added by subsection (a) of this
section) that--
(A) are in effect on the date of enactment of this Act; and
(B) authorize such offices to exercise authority that is
the same or similar to the authority under section 6(e)(1) of
such Act.
(2) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall promulgate
guidelines under section 6(e)(4) of the Inspector General Act
of 1978 (5 U.S.C. App.) (as added by subsection (a) of this
section) applicable to the Inspector General offices
described under section 6(e)(3) of that Act.
(3) Minimum requirements.--The guidelines promulgated under
this subsection shall include, at a minimum, the operational
and training requirements in the memoranda of understanding.
(4) No lapse of authority.--The memoranda of understanding
in effect on the date of enactment of this Act shall remain
in effect until the guidelines promulgated under this
subsection take effect.
(c) Effective Dates.--
(1) In general.--Subsection (a) shall take effect 180 days
after the date of enactment of this Act.
(2) Initial guidelines.--Subsection (b) shall take effect
on the date of enactment of this Act.
Subtitle C--United States Secret Service
SEC. 720. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and
liabilities of the United States Secret Service, which shall
be maintained as a distinct entity within the Department,
including the functions of the Secretary of the Treasury
relating thereto.
Subtitle D--General Provisions
SEC. 730. ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT SYSTEM.
(a) Authority.--
(1) Sense of congress.--It is the sense of Congress that--
(A) it is extremely important that employees of the
Department be allowed to participate in a meaningful way in
the creation of any human resources management system
affecting them;
(B) such employees have the most direct knowledge of the
demands of their jobs and have a direct interest in ensuring
that their human resources management system is conducive to
achieving optimal operational efficiencies;
(C) the 21st century human resources management system
envisioned for the Department should be one that benefits
from the input of its employees; and
(D) this collaborative effort will help secure our
homeland.
(2) In general.--Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following:
``CHAPTER 97--DEPARTMENT OF HOMELAND SECURITY
``Sec.
``9701. Establishment of human resources management system.
``Sec. 9701. Establishment of human resources management
system
``(a) In General.--Notwithstanding any other provision of
this part, the Secretary may, in regulations prescribed
jointly with the Director of the Office of Personnel
Management, establish, and from time to time adjust, a human
resources management system for some or all of the
organizational units of the Department.
``(b) System Requirements.--Any system established under
subsection (a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of merit and fitness
set forth in section 2301, including the principles of hiring
based on merit, fair treatment without regard to political
affiliation or other nonmerit considerations, equal pay for
equal work, and protection of employees against reprisal for
whistleblowing;
``(B) any provision of section 2302, relating to prohibited
personnel practices;
``(C)(i) any provision of law referred to in section
2302(b)(1); or
``(ii) any provision of law implementing any provision of
law referred to in section 2302(b)(1) by--
``(I) providing for equal employment opportunity through
affirmative action; or
``(II) providing any right or remedy available to any
employee or applicant for employment in the civil service;
``(D) any other provision of this part (as described in
subsection (c)); or
``(E) any rule or regulation prescribed under any provision
of law referred to in any of the preceding subparagraphs of
this paragraph;
``(4) ensure that employees may organize, bargain
collectively, and participate through labor organizations of
their own choosing in decisions which affect them, subject to
any exclusion from coverage or limitation on negotiability
established by law; and
``(5) permit the use of a category rating system for
evaluating applicants for positions in the competitive
service.
``(c) Other Nonwaivable Provisions.--The other provisions
of this part as referred to in subsection (b)(3)(D), are (to
the extent not otherwise specified in subparagraph (A), (B),
(C), or (D) of subsection (b)(3))--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and 79, and
this chapter.
``(d) Limitations Relating to Pay.--Nothing in this section
shall constitute authority--
``(1) to modify the pay of any employee who serves in--
``(A) an Executive Schedule position under subchapter II of
chapter 53 of title 5, United States Code; or
``(B) a position for which the rate of basic pay is fixed
in statute by reference to a section or level under
subchapter II of chapter 53 of such title 5;
``(2) to fix pay for any employee or position at an annual
rate greater than the maximum amount of cash compensation
allowable under section 5307 of such title 5 in a year; or
``(3) to exempt any employee from the application of such
section 5307.
``(e) Provisions To Ensure Collaboration With Employee
Representatives.--
``(1) In general.--In order to ensure that the authority of
this section is exercised in collaboration with, and in a
manner that ensures the direct participation of employee
representatives in the planning development, and
implementation of any human resources management system or
adjustments under this section, the Secretary and the
Director of the Office of Personnel Management shall provide
for the following:
``(A) Notice of proposal.-- The Secretary and the Director
shall, with respect to any proposed system or adjustment--
``(i) provide to each employee representative representing
any employees who might be affected, a written description of
the proposed system or adjustment (including the reasons why
it is considered necessary);
``(ii) give each representative at least 60 days (unless
extraordinary circumstances require earlier action) to review
and make recommendations with respect to the proposal; and
``(iii) give any recommendations received from any such
representatives under clause (ii) full and fair consideration
in deciding whether or how to proceed with the proposal.
``(B) Preimplementation requirements.--If the Secretary and
the Director decide to implement a proposal described in
subparagraph (A), they shall before implementation--
``(i) give each representative details of the decision to
implement the proposal, together with the information upon
which the decision is based;
``(ii) give each representative an opportunity to make
recommendations with respect to the proposal; and
``(iii) give such recommendation full and fair
consideration, including the providing of reasons to an
employee representative if any of its recommendations are
rejected.
``(C) Continuing collaboration.--If a proposal described in
subparagraph (A) is implemented, the Secretary and the
Director shall--
[[Page S9285]]
``(i) develop a method for each employee representative to
participate in any further planning or development which
might become necessary; and
``(ii) give each employee representative adequate access to
information to make that participation productive.
``(2) Procedures.--Any procedures necessary to carry out
this subsection shall be established by the Secretary and the
Director jointly. Such procedures shall include measures to
ensure--
``(A) in the case of employees within a unit with respect
to which a labor organization is accorded exclusive
recognition, representation by individuals designated or from
among individuals nominated by such organization;
``(B) in the case of any employees who are not within such
a unit, representation by any appropriate organization which
represents a substantial percentage of those employees or, if
none, in such other manner as may be appropriate, consistent
with the purposes of the subsection; and
``(C) the selection of representatives in a manner
consistent with the relative number of employees represented
by the organizations or other representatives involved.
``(f) Provisions Relating to Appellate Procedures.--
(1) Sense of congress.--It is the sense of Congress that--
``(A) employees of the Department are entitled to fair
treatment in any appeals that they bring in decisions
relating to their employment; and
``(B) in prescribing regulations for any such appeals
procedures, the Secretary and the Director of the Office of
Personnel Management--
``(i) should ensure that employees of the Department are
afforded the protections of due process; and
``(ii) toward that end, should be required to consult with
the Merit Systems Protection Board before issuing any such
regulations.
``(2) Requirements.--Any regulations under this section
which relate to any matters within the purview of chapter
77--
``(A) shall be issued only after consultation with the
Merit Systems Protection Board;
``(B) shall ensure the availability of procedures which
shall--
``(i) be consistent with requirements of due process; and
``(ii) provide, to the maximum extent practicable, for the
expeditious handling of any matters involving the Department;
and
``(C) shall modify procedures under chapter 77 only insofar
as such modifications are designed to further the fair,
efficient, and expeditious resolution of matters involving
the employees of the Department.
``(g) Sunset Provision.--Effective 5 years after the
conclusion of the transition period defined under section 801
of the Homeland Security Act of 2002, all authority to issue
regulations under this section (including regulations which
would modify, supersede, or terminate any regulations
previously issued under this section) shall cease to be
available.''.
(3) Clerical amendment.--The table of chapters for part III
of title 5, United States Code, is amended by adding at the
end of the following:
``97. Department of Homeland Security.......................9701''.....
(b) Effect on Personnel.--
(1) Nonseparation or nonreduction in grade or compensation
of full-time personnel and part-time personnel holding
permanent positions.--Except as otherwise provided in this
Act, the transfer pursuant to this act of full-time personnel
(except special Government employees) and part-time personnel
holding permanent positions shall not cause any such employee
to be separated or reduced in grade or compensation for one
year after the date of transfer to the Department.
(2) Positions compensated in accordance with executive
schedule.--Any person who, on the day preceding such person's
date of transfer pursuant to this Act, held a position
compensated in accordance with the Executive Schedule
prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in the
Department to a position having duties comparable to the
duties performed immediately preceding such appointment shall
continue to be compensated in such new position at not less
than the rate provided for such position, for the duration of
the service of such person in such new position.
(3) Coordination rule.--Any exercise of authority under
chapter 97 of title 5, United States Code (as amended by
subsection (a)), including under any system established under
such chapter, shall be in conformance with the requirements
of this subsection.
SEC. 731. LABOR-MANAGEMENT RELATIONS.
(a) Limitation on Exclusionary Authority.--
(1) In general.--No agency or subdivision of an agency
which is transferred to the Department pursuant to this Act
shall be excluded from the coverage of chapter 71 of title 5,
United States Code, as a result of any order issued under
section 7103(b)(1) of such title 5 after June 18, 2002,
unless--
(A) the mission and responsibilities of the agency (or
subdivision) materially change; and
(B) a majority of the employees within such agency (or
subdivision) have as their primary duty intelligence,
counterintelligence, or investigative work directly related
to terrorism investigation.
(2) Exclusions allowable.--Nothing in paragraph (1) shall
affect the effectiveness of any order to the extent that such
order excludes any portion of an agency or subdivision of an
agency as to which--
(A) recognition as an appropriate unit has never been
conferred for purposes of chapter 71 of such title 5; or
(B) any such recognition has been revoked or otherwise
terminated as a result of a determination under subsection
(b)(1).
(b) Provisions Relating to Bargaining Units.--
(1) Limitation relating to appropriate units.--Each unit
which is recognized as an appropriate unit for purposes of
chapter 71 of title 5, United States Code, as of the day
before the effective date of this Act (and any subdivision of
any such unit) shall, if such unit (or subdivision) is
transferred to the Department pursuant to this Act, continue
to be so recognized for such purposes, unless--
(A) the mission and responsibilities of such unit (or
subdivision) materially change; and
(B) a majority of the employees within such unit (or
subdivision) have as their primary duty intelligence,
counterintelligence, or investigative work directly related
to terrorism investigation.
(2) Limitation relating to positions or employees.--No
position or employee within a unit (or subdivision of a unit)
as to which continued recognition is given in accordance with
paragraph (1) shall be excluded from such unit (or
subdivision), for purposes of chapter 71 of such title 5,
unless the primary job duty of such position or employee--
(A) materially changes; and
(B) consists of intelligence, counterintelligence, or
investigative work directly related to terrorism
investigation.
In the case of any positions within a unit (or subdivision)
which are first established on or after the effective date of
this Act and any employee first appointed on or after such
date, the preceding sentence shall be applied disregarding
subparagraph (A).
(c) Homeland Security.--Subsection (a), (b), and (d) of
this section shall not apply in circumstances where the
President determines in writing that such application would
have a substantial adverse impact on the Department's ability
to protect homeland security. Whenever the President makes a
determination specified under this subsection, the President
shall notify the Senate and the House of Representatives of
the reasons for such determination not less than 10 days
prior to its issuance.
(d) Coordination Rule.--No other provision of this Act or
of any amendment made by this Act may be construed or applied
in a manner so as to limit, supersede, or otherwise affect
the provisions of this section, except to the extent that it
does so by specific reference to this section.
SEC. 732. ADVISORY COMMITTEES.
The Secretary may establish, appoint members of, and use
the services of, advisory committees, as the Secretary may
deem necessary. An advisory committee established under this
section may be exempted by the Secretary from Public Law 92-
463, but the Secretary shall publish notice in the Federal
Register announcing the establishment of such a committee and
identifying its purpose and membership. Notwithstanding the
preceding sentence, members of an advisory committee that is
exempted by the Secretary under the preceding sentence who
are special Government employees (as that term is defined in
section 202 of title 18, United States Code) shall be
eligible for certifications under subsection (b)(3) of
section 208 of title 18, United States Code, for official
actions taken as a member of such advisory committee.
SEC. 733. ACQUISITIONS.
(a) Research and Development Projects.--
(1) In general.--When the Secretary carries out basic,
applied, and advanced research and development projects, he
may exercise the same authority (subject to the same
limitations and conditions) with respect to such research and
projects as the Secretary of Defense may exercise under
section 2371 of title 10, United States Code (except for
subsections (b) and (f)), after making a determination that
the use of a contract, grant, or cooperative agreement for
such project is not feasible or appropriate. The annual
report required under subsection (h) of such section, as
applied to the Secretary by this paragraph, shall be
submitted to the President of the Senate and the Speaker of
the House of Representatives.
(2) Prototype projects.--The Secretary may, under the
authority of paragraph (1), carry out prototype projects in
accordance with the requirements and conditions provided for
carrying out prototype projects under section 845 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160). In applying the authorities of that
section 845, subsection (c) of that section shall apply with
respect to prototype projects under this paragraph, and the
Secretary shall perform the functions of the Secretary of
Defense under subsection (d) thereof.
(b) Procurement of Temporary and Intermittent Services.--
The Secretary may--
(1) procure the temporary or intermittent services of
experts or consultants (or organizations thereof) in
accordance with section 3109(b) of title 5, United States
Code; and
(2) whenever necessary due to an urgent homeland security
need, procure temporary
[[Page S9286]]
(not to exceed 1 year) or intermittent personal services,
including the services of experts or consultants (or
organizations thereof), without regard to the pay limitations
of such section 3109.
SEC. 734. REORGANIZATION AUTHORITY.
(a) Reorganization Plan.--
(1) In general.--Whenever the President determines that
changes in the organization of the Department are necessary
to carry out any policy set forth in this Act, the President
shall prepare a reorganization plan specifying the
reorganizations that the President determines are necessary.
Any such plan may provide for--
(A) the transfer of the whole or a part of an agency, or of
the whole or a part of the functions thereof, to the
jurisdiction and control of the Department;
(B) the transfer of the whole or a part of an agency, or of
the whole or a part of the functions thereof, from the
Department;
(C) the abolition of all or a part of an agency within the
Department;
(D) the creation of a new agency or a new part of an agency
within the Department; or
(E) the consolidation or coordination of the whole or a
part of an agency within the Department, or of the whole or a
part of the functions thereof, with the whole or a part of
another agency within the Department.
(2) Transmittal.--
(A) In general.--The President shall transmit the
reorganization plan to Congress together with the declaration
that, with respect to each organization included in the plan,
the President has found that the reorganization is necessary
to carry out any policy set forth in this Act.
(B) Timing.--The reorganization plan shall be delivered to
both Houses on the same day and to each House while it is in
session, except that no more than 2 plans may be pending
before Congress at 1 time.
(3) Content.--
(A) In general.--The transmittal message of the
reorganization plan shall--
(i) specify with respect to each abolition of a function
included in the plan the statutory authority for the exercise
of the function;
(ii) include an estimate of any reduction or increase in
expenditures (itemized so far as practicable);
(iii) include detailed information addressing the impacts
of the reorganization on the employees of any agency affected
by the plan, and what steps will be taken to mitigate any
impacts of the plan on the employees of the agency;
(iv) describe any improvements in management, delivery of
Federal services, execution of the laws, and increases in
efficiency of Government operations, which it is expected
will be realized as a result of the reorganizations included
in the plan; and
(v) in the case of a transfer to or from the Department,
address the impact of the proposed transfer on the ability of
the affected agency to carry out its other functions and to
accomplish its missions.
(B) Implementation.--In addition, the transmittal message
shall include an implementation section which shall--
(i) describe in detail--
(I) the actions necessary or planned to complete the
reorganization; and
(II) the anticipated nature and substance of any orders,
directives, and other administrative and operations actions
which are expected to be required for completing or
implementing the reorganization; and
(ii) contain a projected timetable for completion of the
implementation process.
(C) Background information.--The President shall also
submit such further background or other information as
Congress may require for its consideration of the plan.
(4) Amendments to plan.--Any time during the period of 60
calendar days of continuous session of Congress after the
date on which the plan is transmitted to it, but before any
resolution has been ordered reported in either House, the
President, or the designee of the President, may make
amendments or modifications to the plan, which modifications
or revisions shall thereafter be treated as a part of the
reorganization plan originally transmitted and shall not
affect in any way the time limits otherwise provided for in
this section. The President, or the designee of the
President, may withdraw the plan any time prior to the
conclusion of 90 calendar days of continuous session of
Congress following the date on which the plan is submitted to
Congress.
(b) Additional Contents of Reorganization Plan.--A
reorganization plan--
(1) may change the name of an agency affected by a
reorganization and the title of its head, and shall designate
the name of an agency resulting from a reorganization and the
title of its head;
(2) may provide for the appointment and pay of the head and
1 or more officers of any agency (including an agency
resulting from a consolidation or other type of
reorganization) if the message transmitting the plan
declares, that by reason of a reorganization made by the plan
the provisions are necessary;
(3) shall provide for the transfer or other disposition of
the records, property, and personnel affected by a
reorganization;
(4) shall provide for the transfer of such unexpended
balances of appropriations, and of other funds, available for
use in connection with a function or agency affected by a
reorganization, as necessary by reason of the reorganization
for use in connection with the functions affected by the
reorganization, or for the use of the agency which shall have
the functions after the reorganization plan is effective; and
(5) shall provide for terminating the affairs of an agency
abolished.
A reorganization plan containing provisions authorized by
paragraph (2) may provide that the head of an agency be an
individual or a commission or board with more than 1 member.
In the case of an appointment of the head of such an agency,
the term of office may not be fixed at more than 4 years, the
pay may not be at a rate in excess of that found to be
applicable to comparable officers in the executive branch, by
and with the advice and consent of the Senate. Any
reorganization plan containing provisions required by
paragraph (4) shall provide for the transfer of unexpended
balances only if such balances are used for the purposes for
which the appropriation was originally made.
(c) Effective Date and Publication of Reorganization
Plans.--
(1) Effective date.--Except as provided under paragraph
(3), a reorganization plan shall be effective upon approval
by the President of a resolution (as defined in subsection
(f)) with respect to such plan, only if such resolution is
passed by the House of Representatives and the Senate, within
the first period of 90 calendar days of continuous session of
Congress after the date on which the plan is transmitted to
Congress.
(2) Session of congress.--For the purpose of this chapter--
(A) continuity of session is broken only by an adjournment
of Congress sine die; and
(B) the days on which either House is not in session
because of an adjournment of more than 3 days to a day
certain are excluded in the computation of any period of time
in which Congress is in continuous session.
(3) Later effective date.--Under provisions contained in a
reorganization plan, any provision thereof may be effective
at a time later than the date on which the plan otherwise is
effective.
(4) Publication of plan.--A reorganization plan which is
effective shall be printed--
(A) in the Statutes at Large in the same volume as the
public laws; and
(B) in the Federal Register.
(d) Effect On Other Laws; Pending Legal Proceedings.--
(1) Effect on laws.--
(A) Definition.--In this paragraph, the term ``regulation
or other action'' means a regulation, rule, order, policy,
determination, directive, authorization, permit, privilege,
requirement, designation, or other action.
(B) Effect.--A statute enacted, and a regulation or other
action made, prescribed, issued, granted, or performed in
respect of or by an agency or function affected by a
reorganization under this section, before the effective date
of the reorganization, has, except to the extent rescinded,
modified, superseded, or made inapplicable by or under
authority of law or by the abolition of a function, the same
effect as if the reorganization had not been made. However,
if the statute, regulation, or other action has vested the
functions in the agency from which it is removed under the
reorganization plan, the function, insofar as it is to be
exercised after the plan becomes effective, shall be deemed
as vested in the agency under which the function is placed in
the plan.
(2) Pending legal proceedings.--A suit, action, or other
proceeding lawfully commenced by or against the head of an
agency or other officer of the United States, in the
officer's official capacity or in relation to the discharge
of the officer's official duties, does not abate by reason of
the taking effect of a reorganization plan under this
section. On motion or supplemental petition filed at any time
within 12 months after the reorganization plan takes effect,
showing a necessity for a survival of the suit, action, or
other proceeding to obtain a settlement of the questions
involved, the court may allow the suit, action, or other
proceeding to be maintained by or against the successor of
the head or officer under the reorganization effected by the
plan or, if there is no successor, against such agency or
officer as the President designates.
(e) Rules of Senate and House of Representatives On
Reorganization Plans.--Subsections (f) through (i) are
enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they are deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of
resolutions with respect to any reorganization plans
transmitted to Congress (in accordance with subsection (a)(3)
of this section); and they supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to
the procedure of that House) at any time, in the same manner
and to the same extent as in the case of any other rule of
that House.
(f) Terms of Resolution.--For the purposes of subsections
(e) through (i), ``resolution'' means only a joint resolution
of Congress, the matter after the resolving clause of which
is as follows: ``That Congress approves the reorganization
plan transmitted to Congress by the President on
____________, 20____.'', and includes such modifications and
revisions as are submitted by the President under subsection
(a)(4). The blank spaces therein are to be filled
appropriately. The
[[Page S9287]]
term does not include a resolution which specifies more than
1 reorganization plan.
(g) Introduction and Reference of Resolution.--
(1) Introduction.--No later than the first day of session
following the day on which a reorganization plan is
transmitted to the House of Representatives and the Senate
under subsection (a), a resolution, as defined in subsection
(f), shall be--
(A) introduced (by request) in the House by the chairman of
the Government Reform Committee of the House, or by a Member
or Members of the House designated by such chairman; and
(B) introduced (by request) in the Senate by the chairman
of the Governmental Affairs Committee of the Senate, or by a
Member or Members of the Senate designated by such chairman.
(2) Referral.--A resolution with respect to a
reorganization plan shall be referred to the Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform of the House (and all resolutions with
respect to the same plan shall be referred to the same
committee) by the President of the Senate or the Speaker of
the House of Representatives, as the case may be. The
committee shall make its recommendations to the House of
Representatives or the Senate, respectively, within 75
calendar days of continuous session of Congress following the
date of such resolution's introduction.
(h) Discharge of Committee Considering Resolution.--If the
committee to which is referred a resolution introduced
pursuant to subsection (g)(1) has not reported such a
resolution or identical resolution at the end of 75 calendar
days of continuous session of Congress after its
introduction, such committee shall be deemed to be discharged
from further consideration of such resolution and such
resolution shall be placed on the appropriate calendar of the
House involved.
(i) Procedure After Report or Discharge of Committees;
Debate; Vote On Final Passage.--
(1) Procedure.--When the committee has reported, or has
been deemed to be discharged (under subsection (h)) from
further consideration of, a resolution with respect to a
reorganization plan, it is at any time thereafter in order
(even though a previous motion to the same effect has been
disagreed to) for any Member of the respective House to move
to proceed to the consideration of the resolution. The motion
is highly privileged and is not debatable. The motion shall
not be subject to amendment, or to any motion to postpone, or
a motion to proceed to the consideration of other business. A
motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order. If a motion to
proceed to the consideration of the resolution is agreed to,
the resolution shall remain the unfinished business of the
respective House until disposed of.
(2) Debate.--Debate on the resolution, and on all debatable
motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally
between individuals favoring and individuals opposing the
resolution. A motion further to limit debate is in order and
not debatable. An amendment to, or a motion to recommit the
resolution is not in order. A motion to reconsider the vote
by which the resolution is passed or rejected shall not be in
order.
(3) Vote on final passage.--Immediately following the
conclusion of the debate on the resolution with respect to a
reorganization plan, and a single quorum call at the
conclusion of the debate if requested in accordance with the
rules of the appropriate House, the vote on final passage of
the resolution shall occur.
(4) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate or the
House of Representatives, as the case may be, to the
procedure relating to a resolution with respect to a
reorganization plan shall be decided without debate.
(5) Prior passage.--If, prior to the passage by 1 House of
a resolution of that House, that House receives a resolution
with respect to the same reorganization plan from the other
House, then--
(A) the procedure in that House shall be the same as if no
resolution had been received from the other House; but
(B) the vote on final passage shall be on the resolution of
the other House.
SEC. 735. MISCELLANEOUS PROVISIONS.
(a) Seal.--The Department shall have a seal, whose design
is subject to the approval of the President.
(b) Participation of Members of the Armed Forces.--With
respect to the Department, the Secretary shall have the same
authorities that the Secretary of Transportation has with
respect to the Department of Transportation under section 324
of title 49, United States Code.
(c) Redelegation of Functions.--Unless otherwise provided
in the delegation or by law, any function delegated under
this Act may be redelegated to any subordinate.
SEC. 736. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
SEC. 737. REGULATORY AUTHORITY.
Except as specifically provided in this Act, this Act vests
in the Secretary or any other Federal official, and transfers
to the Secretary or another Federal official only such
regulatory authority as exists on the date of enactment of
this Act within any agency, program, or function transferred
to the Department pursuant to this Act, or that on such date
of enactment is exercised by another official of the
executive branch with respect to such agency, program, or
function. Any such transferred authority may not be exercised
by an official from whom it is transferred upon transfer of
such agency, program, or function to the Secretary or another
Federal official pursuant to this Act. This Act does not
alter or diminish the regulatory authority of any other
executive agency, except to the extent that this Act
transfers such authority from the agency.
SEC. 738. USE OF APPROPRIATED FUNDS.
(a) Applicability of This Section.--Notwithstanding any
other provision of this Act or any other law, this section
shall apply to the use of any funds, disposal of property,
and acceptance, use, and disposal of gifts, or donations of
services or property, of, for, or by the Department,
including any agencies, entities, or other organizations
transferred to the Department under this Act.
(b) Authorization of Appropriations To Create Department.--
There is authorized to be appropriated $160,000,000 for the
Office of Homeland Security in the Executive Office of the
President to be transferred without delay to the Department
upon its creation by enactment of this Act, notwithstanding
subsection (c)(1)(C) such funds shall be available only for
the payment of necessary salaries and expenses associated
with the initiation of operations of the Department.
(c) Use of Transferred Funds.--
(1) In general.--Except as may be provided in this
subsection or in an appropriations Act in accordance with
subsection (e), balances of appropriations and any other
funds or assets transferred under this Act--
(A) shall be available only for the purposes for which they
were originally available;
(B) shall remain subject to the same conditions and
limitations provided by the law originally appropriating or
otherwise making available the amount, including limitations
and notification requirements related to the reprogramming of
appropriated funds; and
(C) shall not be used to fund any new position established
under this Act.
(2) Transfer of funds.--
(A) In general.--After the creation of the Department and
the swearing in of its Secretary, and upon determination by
the Secretary that such action is necessary in the national
interest, the Secretary is authorized to transfer, with the
approval of the Office of Management and Budget, not to
exceed $140,000,000 of unobligated funds from organizations
and entities transferred to the new Department by this Act.
(B) Limitation.--Notwithstanding paragraph (1)(C), funds
authorized to be transferred by subparagraph (A) shall be
available only for payment of necessary costs, including
funding of new positions, for the initiation of operations of
the Department and may not be transferred unless the
Committees on Appropriations are notified at least 15 days in
advance of any proposed transfer and have approved such
transfer in advance.
(C) Notification.--The notification required in
subparagraph (B) shall include a detailed justification of
the purposes for which the funds are to be used and a
detailed statement of the impact on the program or
organization that is the source of the funds, and shall be
submitted in accordance with reprogramming procedures to be
established by the Committees on Appropriations.
(D) Use for other items.--The authority to transfer funds
established in this section may not be used unless for higher
priority items, based on demonstrated homeland security
requirements, than those for which funds originally were
appropriated and in no case where the item for which funds
are requested has been denied by Congress.
(d) Notification Regarding Transfers.--The President shall
notify Congress not less than 15 days before any transfer of
appropriations balances, other funds, or assets under this
Act.
(e) Additional Uses of Funds During Transition.--Subject to
subsections (c) and (d), amounts transferred to, or otherwise
made available to, the Department may be used during the
transition period, as defined in section 801(2), for purposes
in addition to those for which such amounts were originally
available (including by transfer among accounts of the
Department), but only to the extent such transfer or use is
specifically permitted in advance in an appropriations Act
and only under the conditions and for the purposes specified
in such appropriations Act.
(f) Disposal of Property.--
(1) Strict compliance.--If specifically authorized to
dispose of real property in this or any other Act, the
Secretary shall exercise this authority in strict compliance
with section 204 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 485).
(2) Deposit of proceeds.--The Secretary shall deposit the
proceeds of any exercise of property disposal authority into
the miscellaneous receipts of the Treasury in accordance with
section 3302(b) of title 31, United States Code.
(g) Gifts.--Gifts or donations of services or property of
or for the Department may not be accepted, used, or disposed
of unless specifically permitted in advance in an
appropriations Act and only under the conditions and for the
purposes specified in such appropriations Act.
[[Page S9288]]
(h) Budget Request.--Under section 1105 of title 31, United
States Code, the President shall submit to Congress a
detailed budget request for the Department for fiscal year
2004, and for each subsequent fiscal year.
SEC. 739. FUTURE YEAR HOMELAND SECURITY PROGRAM.
(a) In General.--Each budget request submitted to Congress
for the Department under section 1105 of title 31, United
States Code, shall, at or about the same time, be accompanied
by a Future Years Homeland Security Program.
(b) Contents.--The Future Years Homeland Security Program
under subsection (a) shall be structured, and include the
same type of information and level of detail, as the Future
Years Defense Program submitted to Congress by the Department
of Defense under section 221 of title 10, United States Code.
(c) Effective Date.--This section shall take effect with
respect to the preparation and submission of the fiscal year
2005 budget request for the Department and for any subsequent
fiscal year, except that the first Future Years Homeland
Security Program shall be submitted not later than 90 days
after the Department's fiscal year 2005 budget request is
submitted to Congress.
SEC. 739A. BIOTERRORISM PREPAREDNESS AND RESPONSE DIVISION.
Section 319D of the Public Health Service Act (42 U.S.C.
2472-4) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b), the following:
``(c) Bioterrorism Preparedness and Response Division.--
``(1) Establishment.--There is established within the
Office of the Director of the Centers for Disease Control and
Prevention a Bioterrorism Preparedness and Response Division
(in this subsection referred to as the `Division').
``(2) Mission.--The Division shall have the following
primary missions:
``(A) To lead and coordinate the activities and
responsibilities of the Centers for Disease Control and
Prevention with respect to countering bioterrorism.
``(B) To coordinate and facilitate the interaction of
Centers for Disease Control and Prevention personnel with
personnel from the Department of Homeland Security and, in so
doing, serve as a major contact point for 2-way
communications between the jurisdictions of homeland security
and public health.
``(C) To train and employ a cadre of public health
personnel who are dedicated full-time to the countering of
bioterrorism.
``(3) Responsibilities.--In carrying out the mission under
paragraph (2), the Division shall assume the responsibilities
of and budget authority for the Centers for Disease Control
and Prevention with respect to the following programs:
``(A) The Bioterrorism Preparedness and Response Program.
``(B) The Strategic National Stockpile.
``(C) Such other programs and responsibilities as may be
assigned to the Division by the Director of the Centers for
Disease Control and Prevention.
``(4) Director.--There shall be in the Division a Director,
who shall be appointed by the Director of the Centers for
Disease Control and Prevention, in consultation with the
Secretary of Health and Human Services and the Secretary of
Homeland Security.
``(5) Staffing.--Under agreements reached between the
Director of the Centers for Disease Control and Prevention
and the Secretary of Homeland Security--
``(A) the Division may be staffed, in part, by personnel
assigned from the Department of Homeland Security by the
Secretary of Homeland Security; and
``(B) the Director of the Centers for Disease Control and
Prevention may assign some personnel from the Division to the
Department of Homeland Security.''.
SEC. 739B. COORDINATION WITH THE DEPARTMENT OF HEALTH AND
HUMAN SERVICES UNDER THE PUBLIC HEALTH SERVICE
ACT.
(a) In General.--The annual Federal response plan developed
by the Secretary under sections 102(b)(14) and 134(b)(7)
shall be consistent with section 319 of the Public Health
Service Act (42 U.S.C. 247d).
(b) Disclosures Among Relevant Agencies.--
(1) In general.--Full disclosure among relevant agencies
shall be made in accordance with this subsection.
(2) Public health emergency.--During the period in which
the Secretary of Health and Human Services has declared the
existence of a public health emergency under section 319(a)
of the Public Health Service Act (42 U.S.C. 247d(a)), the
Secretary of Health and Human Services shall keep relevant
agencies, including the Department of Homeland Security, the
Department of Justice, and the Federal Bureau of
Investigation, fully and currently informed.
(3) Potential public health emergency.--In cases involving,
or potentially involving, a public health emergency, but in
which no determination of an emergency by the Secretary of
Health and Human Services under section 319(a) of the Public
Health Service Act (42 U.S.C. 247d(a)), has been made, all
relevant agencies, including the Department of Homeland
Security, the Department of Justice, and the Federal Bureau
of Investigation, shall keep the Secretary of Health and
Human Services and the Director of the Centers for Disease
Control and Prevention fully and currently informed.
Subtitle E--Risk Sharing and Indemnification for Contractors Supplying
Anti-Terrorism Technology and Services
SEC. 741. APPLICATION OF INDEMNIFICATION AUTHORITY.
(a) In General.--The President may exercise the
discretionary authority to indemnify contractors and
subcontractors under Public Law 85-804 (50 U.S.C. 1431 et
seq.) for a procurement of an anti-terrorism technology or an
anti-terrorism service for the purpose of preventing,
detecting, identifying, otherwise deterring, or recovering
from acts of terrorism.
(b) Exercise of Authority.--In exercising the authority
under subsection (a), the President may include, among other
things--
(1) economic damages not fully covered by private liability
insurance within the scope of the losses or damages of the
indemnification coverage;
(2) a requirement that an indemnification provision
included in a contract or subcontract be negotiated prior to
the commencement of the performance of the contract;
(3) the coverage of information technology used to prevent,
detect, identify, otherwise deter, or recover from acts of
terrorism; and
(4) the coverage of the United States Postal Service.
SEC. 742. APPLICATION OF INDEMNIFICATION AUTHORITY TO STATE
AND LOCAL GOVERNMENT CONTRACTORS.
(a) In General.--Subject to the limitations of subsection
(b), the President may exercise the discretionary authority
to indemnify contractors and subcontractors under Public Law
85-804 (50 U.S.C. 1431 et seq.) for a procurement by a State
or unit of local government of an anti-terrorism technology
or an anti-terrorism service for the purpose of preventing,
detecting, identifying, otherwise deterring, or recovering
from acts of terrorism.
(b) Exercise of Authority.--The authority of subsection (a)
may be exercised only--
(1) for procurements of a State or unit of local government
that are made by the Secretary under contracts awarded by the
Secretary pursuant to the authorities of section 743;
(2) with written approval from the Secretary, or any other
official designated by the President, for each procurement in
which indemnification is to be provided; and
(3) with respect to--
(A) amounts of losses or damages not fully covered by
private liability insurance and State or local government-
provided indemnification; and
(B) liabilities arising out of other than the contractor's
willful misconduct or lack of good faith.
SEC. 743. PROCUREMENTS OF ANTI-TERRORISM TECHNOLOGIES AND
ANTI-TERRORISM SERVICES BY STATE AND LOCAL
GOVERNMENTS THROUGH FEDERAL CONTRACTS.
(a) In General.--
(1) Establishment of program.--The Secretary shall
establish a program under which States and units of local
government may procure through contracts entered into by the
Secretary anti-terrorism technology or an anti-terrorism
service for the purpose of preventing, detecting,
identifying, otherwise deterring, or recovering from acts of
terrorism.
(2) Authorities.--For the sole purposes of this program,
the Secretary may, but shall not be required to, award
contracts using the same authorities provided to the
Administrator of General Services under section 309(b)(3) of
the Federal Property and Administrative Services Act, 41
U.S.C. 259(b)(3).
(3) Offers not required to state and local governments.--A
contractor that sells anti-terrorism technology or anti-
terrorism services to the Federal Government shall not be
required to offer such technology or services to a State or
unit of local government.
(b) Responsibilities of the Secretary.--In carrying out the
program established by this section, the Secretary shall--
(1) produce and maintain a catalog of anti-terrorism
technologies and anti-terrorism services suitable for
procurement by States and units of local government under
this program; and
(2) establish procedures in accordance with subsection (c)
to address the procurement of anti-terrorism technologies and
anti-terrorism services by States and units of local
government under contracts awarded by the Secretary.
(c) Required Procedures.--The procedures required by
subsection (b)(2) shall implement the following requirements
and authorities:
(1) Submissions by states.--
(A) In general.--Except as provided in subparagraph (B),
each State desiring to participate in a procurement of anti-
terrorism technologies or anti-terrorism services through a
contract entered into by the Secretary shall submit to the
Secretary in such form and manner and at such times as the
Secretary prescribes, the following:
(i) Request.--A request consisting of an enumeration of the
technologies or services, respectively, that are desired by
the State and units of local government within the State.
(ii) Payment.--Advance payment for each requested
technology or service in an amount determined by the
Secretary based on estimated or actual costs of the
technology or service and administrative costs incurred by
the Secretary.
[[Page S9289]]
(B) Award by Secretary.--The Secretary may award and
designate contracts under which States and units of local
government may procure anti-terrorism technologies and anti-
terrorism services directly from the contract holders. No
indemnification may be provided under the authorities set
forth in section 742 for procurements that are made directly
between contractors and States or units of local government.
(2) Permitted catalog technologies and services.--A State
may include in a request submitted under paragraph (1) only a
technology or service listed in the catalog produced under
subsection (b)(1).
(3) Coordination of local requests within state.--The
Governor of a State (or the Mayor of the District of
Columbia) may establish such procedures as the Governor (or
the Mayor of the District of Columbia) considers appropriate
for administering and coordinating requests for anti-
terrorism technologies or anti-terrorism services from units
of local government within the State.
(4) Shipment and transportation costs.--A State requesting
anti-terrorism technologies or anti-terrorism services shall
be responsible for arranging and paying for any shipment or
transportation costs necessary to deliver the technologies or
services, respectively, to the State and localities within
the State.
(d) Reimbursement of Actual Costs.--In the case of a
procurement made by or for a State or unit of local
government under the procedures established under this
section, the Secretary shall require the State or unit of
local government to reimburse the Department for the actual
costs it has incurred for such procurement.
(e) Time for Implementation.--The catalog and procedures
required by subsection (b) of this section shall be completed
as soon as practicable and no later than 210 days after the
enactment of this Act.
SEC. 744. CONGRESSIONAL NOTIFICATION.
(a) In General.--Notwithstanding any other law, a Federal
agency shall, when exercising the discretionary authority of
Public Law 85-804, as amended by section 742, to indemnify
contractors and subcontractors, provide written notification
to the Committees identified in subsection (b) within 30 days
after a contract clause is executed to provide
indemnification.
(b) Submission.--The notification required by subsection
(a) shall be submitted to--
(1) the Appropriations Committees of the Senate and House;
(2) the Armed Services Committees of the Senate and House;
(3) the Senate Governmental Affairs Committee; and
(4) the House Government Reform Committee.
SEC. 745. DEFINITIONS.
In this subtitle:
(1) Anti-terrorism technology and service.--The terms
``anti-terrorism technology'' and ``anti-terrorism service''
mean any product, equipment, or device, including information
technology, and any service, system integration, or other
kind of service (including a support service), respectively,
that is related to technology and is designed, developed,
modified, or procured for the purpose of preventing,
detecting, identifying, otherwise deterring, or recovering
from acts of terrorism.
(2) Act of terrorism.--The term ``act of terrorism'' means
a calculated attack or threat of attack against any person,
property, or infrastructure to inculcate fear, or to
intimidate or coerce a government, the civilian population,
or any segment thereof, in the pursuit of political,
religious, or ideological objectives.
(3) Information technology.--The term ``information
technology'' has the meaning such term in section 11101(6) of
title 40, United States Code.
(4) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, and any territory or
possession of the United States.
(5) Unit of local government.--The term ``unit of local
government'' means any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State; an Indian tribe which performs law
enforcement functions as determined by the Secretary of the
Interior; or any agency of the District of Columbia
Government or the United States Government performing law
enforcement functions in and for the District of Columbia or
the Trust Territory of the Pacific Islands.
Subtitle F--Federal Emergency Procurement Flexibility
SEC. 751. DEFINITION.
In this title, the term ``executive agency'' has the
meaning given that term under section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
SEC. 752. PROCUREMENTS FOR DEFENSE AGAINST OR RECOVERY FROM
TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR
RADIOLOGICAL ATTACK.
The authorities provided in this subtitle apply to any
procurement of property or services by or for an executive
agency that, as determined by the head of the executive
agency, are to be used to facilitate defense against or
recovery from terrorism or nuclear, biological, chemical, or
radiological attack, but only if a solicitation of offers for
the procurement is issued during the 1-year period beginning
on the date of the enactment of this Act.
SEC. 753. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR
PROCUREMENTS IN SUPPORT OF HUMANITARIAN OR
PEACEKEEPING OPERATIONS OR CONTINGENCY
OPERATIONS.
(a) Temporary Threshold Amounts.--For a procurement
referred to in section 752 that is carried out in support of
a humanitarian or peacekeeping operation or a contingency
operation, the simplified acquisition threshold definitions
shall be applied as if the amount determined under the
exception provided for such an operation in those definitions
were--
(1) in the case of a contract to be awarded and performed,
or purchase to be made, inside the United States, $250,000;
or
(2) in the case of a contract to be awarded and performed,
or purchase to be made, outside the United States, $500,000.
(b) Simplified Acquisition Threshold Definitions.--In this
section, the term ``simplified acquisition threshold
definitions'' means the following:
(1) Section 4(11) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(11)).
(2) Section 309(d) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 259(d)).
(3) Section 2302(7) of title 10, United States Code.
(c) Small Business Reserve.--For a procurement carried out
pursuant to subsection (a), section 15(j) of the Small
Business Act (15 U.S.C. 644(j)) shall be applied as if the
maximum anticipated value identified therein is equal to the
amounts referred to in subsection (a).
SEC. 754. INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN
PROCUREMENTS.
In the administration of section 32 of the Office of
Federal Procurement Policy Act (41 U.S.C. 428) with respect
to a procurement referred to in section 752, the amount
specified in subsections (c), (d), and (f) of such section 32
shall be deemed to be $10,000.
SEC. 755. APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES
TO CERTAIN PROCUREMENTS.
(a) Authority.--
(1) In general.--The head of an executive agency may apply
the provisions of law listed in paragraph (2) to a
procurement referred to in section 752 without regard to
whether the property or services are commercial items.
(2) Commercial item laws.--The provisions of law referred
to in paragraph (1) are as follows:
(A) Sections 31 and 34 of the Office of Federal Procurement
Policy Act (41 U.S.C. 427, 430).
(B) Section 2304(g) of title 10, United States Code.
(C) Section 303(g) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(g)).
(b) Inapplicability of Limitation on Use of Simplified
Acquisition Procedures.--
(1) In general.--The $5,000,000 limitation provided in
section 31(a)(2) of the Office of Federal Procurement Policy
Act (41 U.S.C. 427(a)(2)), section 2304(g)(1)(B) of title 10,
United States Code, and section 303(g)(1)(B) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253(g)(1)(B)) shall not apply to purchases of property or
services to which any of the provisions of law referred to in
subsection (a) are applied under the authority of this
section.
(2) OMB guidance.--The Director of the Office of Management
and Budget shall issue guidance and procedures for the use of
simplified acquisition procedures for a purchase of property
or services in excess of $5,000,000 under the authority of
this section.
(c) Continuation of Authority for Simplified Purchase
Procedures.--Authority under a provision of law referred to
in subsection (a)(2) that expires under section 4202(e) of
the Clinger-Cohen Act of 1996 (divisions D and E of Public
Law 104-106; 10 U.S.C. 2304 note) shall, notwithstanding such
section, continue to apply for use by the head of an
executive agency as provided in subsections (a) and (b).
SEC. 756. USE OF STREAMLINED PROCEDURES.
(a) Required Use.--The head of an executive agency shall,
when appropriate, use streamlined acquisition authorities and
procedures authorized by law for a procurement referred to in
section 752, including authorities and procedures that are
provided under the following provisions of law:
(1) Federal property and administrative services act of
1949.--In title III of the Federal Property and
Administrative Services Act of 1949:
(A) Paragraphs (1), (2), (6), and (7) of subsection (c) of
section 303 (41 U.S.C. 253), relating to use of procedures
other than competitive procedures under certain circumstances
(subject to subsection (e) of such section).
(B) Section 303J (41 U.S.C. 253j), relating to orders under
task and delivery order contracts.
(2) Title 10, united states code.--In chapter 137 of title
10, United States Code:
(A) Paragraphs (1), (2), (6), and (7) of subsection (c) of
section 2304, relating to use of procedures other than
competitive procedures under certain circumstances (subject
to subsection (e) of such section).
(B) Section 2304c, relating to orders under task and
delivery order contracts.
(3) Office of federal procurement policy act.--Paragraphs
(1)(B), (1)(D), and (2) of section 18(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 416(c)), relating
to inapplicability of a requirement for procurement notice.
[[Page S9290]]
(b) Waiver of Certain Small Business Threshold
Requirements.--Subclause (II) of section 8(a)(1)(D)(i) of the
Small Business Act (15 U.S.C. 637(a)(1)(D)(i)) and clause
(ii) of section 31(b)(2)(A) of such Act (15 U.S.C.
657a(b)(2)(A)) shall not apply in the use of streamlined
acquisition authorities and procedures referred to in
paragraphs (1)(A) and (2)(A) of subsection (a) for a
procurement referred to in section 752.
SEC. 757. REVIEW AND REPORT BY COMPTROLLER GENERAL.
(a) Requirements.--Not later than March 31, 2004, the
Comptroller General shall--
(1) complete a review of the extent to which procurements
of property and services have been made in accordance with
this subtitle; and
(2) submit a report on the results of the review to the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of
Representatives.
(b) Content of Report.--The report under subsection (a)(2)
shall include the following matters:
(1) Assessment.--The Comptroller General's assessment of--
(A) the extent to which property and services procured in
accordance with this title have contributed to the capacity
of the workforce of Federal Government employees within each
executive agency to carry out the mission of the executive
agency; and
(B) the extent to which Federal Government employees have
been trained on the use of technology.
(2) Recommendations.--Any recommendations of the
Comptroller General resulting from the assessment described
in paragraph (1).
(c) Consultation.--In preparing for the review under
subsection (a)(1), the Comptroller shall consult with the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of
Representatives on the specific issues and topics to be
reviewed. The extent of coverage needed in areas such as
technology integration, employee training, and human capital
management, as well as the data requirements of the study,
shall be included as part of the consultation.
SEC. 758. IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL
MARKETPLACE.
The head of each executive agency shall conduct market
research on an ongoing basis to identify effectively the
capabilities, including the capabilities of small businesses
and new entrants into Federal contracting, that are available
in the marketplace for meeting the requirements of the
executive agency in furtherance of defense against or
recovery from terrorism or nuclear, biological, chemical, or
radiological attack. The head of the executive agency shall,
to the maximum extent practicable, take advantage of
commercially available market research methods, including use
of commercial databases, to carry out the research.
Subtitle G--Coast Guard
SEC. 761. PRESERVING COAST GUARD MISSION PERFORMANCE.
(a) Definitions.--In this section:
(1) Non-homeland security missions.--The term ``non-
homeland security missions'' means the following missions of
the Coast Guard:
(A) Marine safety.
(B) Search and rescue.
(C) Aids to navigation.
(D) Living marine resources (e.g., fisheries law
enforcement).
(E) Marine environmental protection.
(F) Ice operations.
(2) Homeland security missions.--The term ``homeland
security missions'' means the following missions of the Coast
Guard:
(A) Ports, waterways and coastal security.
(B) Drug interdiction.
(C) Migrant interdiction.
(D) Defense readiness.
(E) Other law enforcement.
(b) Transfer.--There are transferred to the Department the
authorities, functions, personnel, and assets of the Coast
Guard, which shall be maintained as a distinct entity within
the Department, including the authorities and functions of
the Secretary of Transportation relating thereto.
(c) Maintenance of Status of Functions and Assets.--
Notwithstanding any other provision of this Act, the
authorities, functions, assets, organizational structure,
units, personnel, and non-homeland security missions of the
Coast Guard shall be maintained intact and without reduction
after the transfer of the Coast Guard to the Department,
except as specified in subsequent Acts. Nothing in this
paragraph shall prevent the Coast Guard from replacing or
upgrading any asset with an asset of equivalent or greater
capabilities.
(d) Certain Transfers Prohibited.--
(1) In general.--None of the missions, functions,
personnel, and assets (including ships, aircraft,
helicopters, and vehicles) of the Coast Guard may be
transferred to the operational control of, or diverted to the
principal and continuing use of, any other organization,
unit, or entity of the Department.
(2) Applicability.--The restrictions in paragraph (1) shall
not apply--
(A) to any joint operation of less than 90 days between the
Coast Guard and other entities and organizations of the
Department; or
(B) to any detail or assignment of any individual member or
civilian employee of the Coast Guard to any other entity or
organization of the Department for the purposes of ensuring
effective liaison, coordination, and operations of the Coast
Guard and that entity or organization, except that the total
number of individuals detailed or assigned in this capacity
may not exceed 50 individuals during any fiscal year.
(e) Changes to Non-Homeland Security Missions.--
(1) Prohibition.--The Secretary may not make any
substantial or significant change to any of the non-homeland
security missions of the Coast Guard, or to the capabilities
of the Coast Guard to carry out each of the non-homeland
security missions, without the prior approval of Congress as
expressed in a subsequent Act. With respect to a change to
the capabilities of the Coast Guard to carry out each of the
non-homeland security missions, the restrictions in this
paragraph shall not apply when such change shall result in an
increase in those capabilities.
(2) Waiver.--The President may waive the restrictions under
paragraph (1) for a period of not to exceed 90 days upon a
declaration and certification by the President to Congress
that a clear, compelling, and immediate state of national
emergency exists that justifies such a waiver. A
certification under this paragraph shall include a detailed
justification for the declaration and certification,
including the reasons and specific information that
demonstrate that the Nation and the Coast Guard cannot
respond effectively to the national emergency if the
restrictions under paragraph (1) are not waived.
(f) Annual Review.--
(1) In general.--The Inspector General of the Department
shall conduct an annual review that shall assess thoroughly
the performance by the Coast Guard of all missions of the
Coast Guard (including non-homeland security missions and
homeland security missions) with a particular emphasis on
examining the non-homeland security missions.
(2) Report.--The Inspector General shall submit the
detailed results of the annual review and assessment required
by paragraph (1) not later than March 1 of each year directly
to--
(A) the Committee on Governmental Affairs of the Senate;
(B) the Committee on Government Reform of the House of
Representatives;
(C) the Committees on Appropriations of the Senate and the
House of Representatives;
(D) the Committee on Commerce, Science, and Transportation
of the Senate; and
(E) the Committee on Transportation and Infrastructure of
the House of Representatives.
(g) Direct Reporting to Secretary.--Upon the transfer of
the Coast Guard to the Department, the Commandant shall
report directly to the Secretary without being required to
report through any other official of the Department.
(h) Operation as a Service in the Navy.--None of the
conditions and restrictions in this section shall apply when
the Coast Guard operates as a service in the Navy under
section 3 of title 14, United States Code.
TITLE VIII--TRANSITION
SEC. 801. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' includes any entity,
organizational unit, or function; and
(2) Transition period.--The term ``transition period''
means the 12-month period beginning on the effective date of
this Act.
SEC. 802. TRANSFER OF AGENCIES.
The transfer of an agency to the Department shall occur
when the President so directs, but in no event later than the
end of the transition period. When an agency is transferred,
the President may also transfer to the Department any agency
established to carry out or support adjudicatory or review
functions in relation to the agency.
SEC. 803. TRANSITIONAL AUTHORITIES.
(a) Provision of Assistance by Officials.--Until the
transfer of an agency to the Department, any official having
authority over, or functions relating to, the agency
immediately before the effective date of this Act shall
provide to the Secretary such assistance, including the use
of personnel and assets, as the Secretary may request in
preparing for the transfer and integration of the agency into
the Department.
(b) Services and Personnel.--During the transition period,
upon the request of the Secretary, the head of any executive
agency may, on a reimbursable or nonreimbursable basis,
provide services or detail personnel to assist with the
transition.
(c) Acting Officials.--
(1) In general.--
(A) Designation.--During the transition period, pending the
advice and consent of the Senate to the appointment of an
officer required by this Act to be appointed by and with such
advice and consent, the President may designate any officer
whose appointment was required to be made by and with such
advice and consent and who was such an officer immediately
before the effective date of this Act (and who continues in
office) or immediately before such designation, to act in
such office until the same is filled as provided in this Act.
(B) Compensation.--While serving as an acting officer under
subparagraph (A), that officer shall receive compensation at
the higher of the rate provided--
(i) by this Act for the office in which that officer acts;
or
(ii) for the office held at the time of designation.
[[Page S9291]]
(2) Rule of construction.--Nothing in this Act shall be
construed to require the advice and consent of the Senate to
the appointment by the President to a position in the
Department of any officer whose--
(A) agency is transferred to the Department under this Act;
and
(B) duties following such transfer are germane to those
performed before such transfer.
(d) Transfer of Personnel, Assets, Liabilities, and
Functions.--Upon the transfer of an agency to the
Department--
(1) the personnel, assets, and liabilities held by or
available in connection with the agency shall be transferred
to the Secretary for appropriate allocation, subject to the
approval of the Director of the Office of Management and
Budget; and
(2) the Secretary shall have all functions--
(A) relating to the agency that any other official could by
law exercise in relation to the agency immediately before
such transfer; and
(B) vested in the Secretary by this Act or other law.
SEC. 804. SAVINGS PROVISIONS.
(a) Completed Administrative Actions.--
(1) In general.--Completed administrative actions of an
agency shall not be affected by the enactment of this Act or
the transfer of such agency to the Department, but shall
continue in effect according to their terms until amended,
modified, superseded, terminated, set aside, or revoked in
accordance with law by an officer of the United States or a
court of competent jurisdiction, or by operation of law.
(2) Included actions.--For purposes of paragraph (1), the
term ``completed administrative actions'' includes orders,
determinations, rules, regulations, personnel actions,
permits, agreements, grants, contracts, certificates,
licenses, registrations, and privileges.
(b) Pending Proceedings.--Subject to the authority of the
Secretary under this Act--
(1) pending proceedings in an agency, including notices of
proposed rulemaking, and applications for licenses, permits,
certificates, grants, and financial assistance, shall
continue notwithstanding the enactment of this Act or the
transfer of the agency to the Department, unless discontinued
or modified under the same terms and conditions and to the
same extent that such discontinuance could have occurred if
such enactment or transfer had not occurred; and
(2) orders issued in such proceedings, and appeals
therefrom, and payments made pursuant to such orders, shall
issue in the same manner and on the same terms as if this Act
had not been enacted or the agency had not been transferred,
and any such orders shall continue in effect until amended,
modified, superseded, terminated, set aside, or revoked by an
officer of the United States or a court of competent
jurisdiction, or by operation of law.
(c) Pending Civil Actions.--Subject to the authority of the
Secretary under this Act, pending civil actions shall
continue notwithstanding the enactment of this Act or the
transfer of an agency to the Department, and in such civil
actions, proceedings shall be had, appeals taken, and
judgments rendered and enforced in the same manner and with
the same effect as if such enactment or transfer had not
occurred.
(d) References.--References relating to an agency that is
transferred to the Department in statutes, Executive orders,
rules, regulations, directives, or delegations of authority
that precede such transfer or the effective date of this Act
shall be deemed to refer, as appropriate, to the Department,
to its officers, employees, or agents, or to its
corresponding organizational units or functions.
(e) Statutory Reporting Requirements.--Any statutory
reporting requirement that applied to an agency, transferred
to the Department under this Act, immediately before the
effective date of this Act shall continue to apply following
that transfer if the statutory requirement refers to the
agency by name.
(f) Employment Provisions.--Except as otherwise provided in
this Act, or under authority granted by this Act, the
transfer under this Act of personnel shall not alter the
terms and conditions of employment, including compensation,
of any employee so transferred.
SEC. 805. TERMINATIONS.
Except as otherwise provided in this Act, whenever all the
functions vested by law in any agency have been transferred
under this Act, each position and office the incumbent of
which was authorized to receive compensation at the rates
prescribed for an office or position at level II, III, IV, or
V, of the Executive Schedule, shall terminate.
SEC. 806. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in
consultation with the Secretary, is authorized and directed
to make such additional incidental dispositions of personnel,
assets, and liabilities held, used, arising from, available,
or to be made available, in connection with the functions
transferred by this Act, as the Director may determine
necessary to accomplish the purposes of this Act.
TITLE IX--CONFORMING AND TECHNICAL AMENDMENTS
SEC. 901. INSPECTOR GENERAL ACT.
Section 11 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended in paragraphs (1) and (2)--
(1) by inserting ``Homeland Security,'' after
``Transportation,'' each place it appears;
(2) by striking ``; and'' each place it appears and
inserting a semicolon;
(3) by striking ``,,'' and inserting a coma; and
(4) by striking ``;;'' each place it appears and inserting
a semicolon in each such place.
SEC. 902. EXECUTIVE SCHEDULE.
Chapter 53 of title 5, United States Code, is amended--
(1) in section 5312, by inserting after the item relating
to the Secretary of Veterans Affairs the following:
``Secretary of Homeland Security.'';
(2) in section 5313, by inserting after the item relating
to the Deputy Secretary of Transportation the following:
``Deputy Secretary of Homeland Security.'';
(3) in section 5314, by inserting after the item relating
to the Under Secretary for Memorial Affairs, Department of
Veterans Affairs the following:
``Under Secretaries, Department of Homeland Security.'';
and
(4) in section 5315, by inserting at the end the following:
``Assistant Secretaries, Department of Homeland Security.
``General Counsel, Department of Homeland Security.
``Chief Financial Officer, Department of Homeland Security.
``Chief Information Officer, Department of Homeland
Security.
``Inspector General, Department of Homeland Security.''.
SEC. 903. UNITED STATES SECRET SERVICE.
(a) Uniformed Division.--Section 202 of title 3, United
States Code, is amended by striking ``Secretary of the
Treasury'' and inserting ``Secretary of Homeland Security''.
(b) Reimbursement of State and Local Governments.--Section
208 of title 3, United States Code, is amended by striking
``Secretary of Treasury'' each place it appears and inserting
``Secretary of Homeland Security'' in each such place.
(c) Powers, Authorities, and Duties.--Section 3056 of title
18, United States Code, is amended by striking ``Secretary of
the Treasury'' each place it appears and inserting
``Secretary of Homeland Security'' in each such place.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of transfer of the United
States Secret Service to the Department.
SEC. 904. COAST GUARD.
(a) Title 14, U.S.C.--Title 14 of the United States Code is
amended--
(1) in sections 1, 3, 53, 95, 145, 516, 666, 669, 673 (as
added by Public Law 104-201), 673 (as added by Public Law
104-324), 674, 687, and 688, by striking ``of
Transportation'', each place it appears, and inserting ``of
Homeland Security''; and
(2) after executing the other amendments required by this
subsection, by redesignating the section 673 added by Public
Law 104-324 as section 673a.
(b) Title 10, U.S.C.--Section 801(1) of title 10, United
States Code, is amended by striking ``the General Counsel of
the Department of Transportation'' and inserting ``an
official designated to serve as Judge Advocate General of the
Coast Guard by the Secretary of Homeland Security''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of transfer of the Coast Guard
to the Department.
SEC. 905. STRATEGIC NATIONAL STOCKPILE AND SMALLPOX VACCINE
DEVELOPMENT.
(a) In General.--Section 121 of the Public Health Security
and Bioterrorism Preparedness and Response Act of 2002 is
amended--
(1) in subsection (a)(1)--
(A) by striking ``Secretary of Health and Human Services''
and inserting ``Secretary of Homeland Security'';
(B) by inserting ``the Secretary of Health and Human
Services and'' after ``in coordination with''; and
(C) by inserting ``of Health and Human Services'' after
``as are determined by the Secretary''; and
(2) in subsections (a)(2) and (b), by inserting ``of Health
and Human Services'' after ``Secretary'' each place it
appears.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of transfer of the Strategic
National Stockpile of the Department of Health and Human
Services to the Department.
SEC. 906. SELECT AGENT REGISTRATION.
(a) Public Health Service Act.--The Public Health Service
Act is amended--
(1) in section 351A(a)(1)(A), by inserting ``(as defined in
subsection (l)(9))'' after ``Secretary'';
(2) in section 351A(h)(2)(A), by inserting ``Department of
Homeland Security, the'' before ``Department of Health and
Human Services'';
(3) in section 351A(l), by inserting after paragraph (8)
the following:
``(9) The term `Secretary' means the Secretary of Homeland
Security, in consultation with the Secretary of Health and
Human Services.''; and
(4) in section 352A(i)--
(A) by striking ``(1)'' the first place it appears; and
(B) by striking paragraph (2).
(b) Public Health Security and Bioterrorism Preparedness
and Response Act of 2002.--Section 201(b) of the Public
Health Security and Bioterrorism Preparedness and Response
Act of 2002 is amended by striking ``Secretary of Health and
Human Services''
[[Page S9292]]
and inserting ``Secretary of Homeland Security''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of transfer of the select agent
registration enforcement programs and activities of the
Department of Health and Human Services to the Department.
SEC. 907. NATIONAL BIO-WEAPONS DEFENSE ANALYSIS CENTER.
There is established in the Department of Defense a
National Bio-Weapons Defense Analysis Center, whose mission
is to develop countermeasures to potential attacks by
terrorists using weapons of mass destruction.
SEC. 908. MILITARY ACTIVITIES.
Except as specifically provided in this Act, nothing in
this Act shall confer upon the Secretary any authority to
engage in war fighting, the military defense of the United
States, or other traditional military activities.
DIVISION B--IMMIGRATION REFORM, ACCOUNTABILITY, AND SECURITY
ENHANCEMENT ACT OF 2002
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Immigration Reform,
Accountability, and Security Enhancement Act of 2002''.
SEC. 1002. DEFINITIONS.
In this division:
(1) Enforcement bureau.--The term ``Enforcement Bureau''
means the Bureau of Enforcement established in section 114 of
the Immigration and Nationality Act, as added by section 1105
of this Act.
(2) Function.--The term ``function'' includes any duty,
obligation, power, authority, responsibility, right,
privilege, activity, or program.
(3) Immigration enforcement functions.--The term
``immigration enforcement functions'' has the meaning given
the term in section 114(b)(2) of the Immigration and
Nationality Act, as added by section 1105 of this Act.
(4) Immigration laws of the united states.--The term
``immigration laws of the United States'' has the meaning
given the term in section 111(e) of the Immigration and
Nationality Act, as added by section 1102 of this Act.
(5) Immigration policy, administration, and inspection
functions.--The term ``immigration policy, administration,
and inspection functions'' has the meaning given the term in
section 112(b)(3) of the Immigration and Nationality Act, as
added by section 1103 of this Act.
(6) Immigration service functions.--The term ``immigration
service functions'' has the meaning given the term in section
113(b)(2) of the Immigration and Nationality Act, as added by
section 1104 of this Act.
(7) Office.--The term ``office'' includes any office,
administration, agency, bureau, institute, council, unit,
organizational entity, or component thereof.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(9) Service bureau.--The term ``Service Bureau'' means the
Bureau of Immigration Services established in section 113 of
the Immigration and Nationality Act, as added by section 1104
of this Act.
(10) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Homeland Security for Immigration
Affairs appointed under section 112 of the Immigration and
Nationality Act, as added by section 1103 of this Act.
SEC. 1003. TRANSFER OF IMMIGRATION AND NATURALIZATION SERVICE
FUNCTIONS.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and
liabilities of the Immigration and Naturalization Service of
the Department of Justice, including the functions of the
Attorney General relating thereto, to be restructured so as
to separate enforcement and service functions.
TITLE XI--DIRECTORATE OF IMMIGRATION AFFAIRS
Subtitle A--Organization
SEC. 1101. ABOLITION OF INS.
(a) In General.--The Immigration and Naturalization Service
is abolished.
(b) Repeal.--Section 4 of the Act of February 14, 1903, as
amended (32 Stat. 826; relating to the establishment of the
Immigration and Naturalization Service), is repealed.
SEC. 1102. ESTABLISHMENT OF DIRECTORATE OF IMMIGRATION
AFFAIRS.
(a) Establishment.--Title I of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) by inserting ``CHAPTER 1--DEFINITIONS AND GENERAL
AUTHORITIES'' after ``TITLE I--GENERAL''; and
(2) by adding at the end the following:
``CHAPTER 2--DIRECTORATE OF IMMIGRATION AFFAIRS
``SEC. 111. ESTABLISHMENT OF DIRECTORATE OF IMMIGRATION
AFFAIRS.
``(a) Establishment.--There is established within the
Department of Homeland Security the Directorate of
Immigration Affairs.
``(b) Principal Officers.--The principal officers of the
Directorate are the following:
``(1) The Under Secretary for Immigration Affairs appointed
under section 112.
``(2) The Assistant Secretary for Immigration Services
appointed under section 113.
``(3) The Assistant Secretary for Enforcement appointed
under section 114.
``(c) Functions.--Under the authority of the Secretary of
Homeland Security, the Directorate shall perform the
following functions:
``(1) Immigration policy and administration functions, as
defined in section 112(b).
``(2) Immigration service and adjudication functions, as
defined in section 113(b).
``(3) Immigration enforcement functions, as defined in
section 114(b), but does not include the functions described
in paragraphs (7) and (8) of section 131(b).
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Department of Homeland Security such sums as may be
necessary to carry out the functions of the Directorate.
``(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
``(e) Immigration Laws of the United States Defined.--In
this chapter, the term `immigration laws of the United
States' shall have the same meaning given such term in
section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17)).''.
(b) Conforming Amendments.--(1) The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(A) by striking section 101(a)(34) (8 U.S.C. 1101(a)(34))
and inserting the following:
``(34) The term `Directorate' means the Directorate of
Immigration Affairs established by section 111.'';
(B) by adding at the end of section 101(a) the following:
``(51) The term `Secretary' means the Secretary of Homeland
Security.
``(52) The term `Department' means the Department of
Homeland Security.'';
(C) by striking ``Attorney General'' and ``Department of
Justice'' each place it appears (other than the proviso in
section 103(a)(1) of the Immigration and Nationality Act) and
inserting ``Secretary'' and ``Department'', respectively;
(D) in section 101(a)(17) (8 U.S.C. 1101(a)(17)), by
striking ``The'' and inserting ``Except as otherwise provided
in section 111(e), the; and
(E) by striking ``Immigration and Naturalization Service'',
``Service'', and ``Service's'' each place they appear and
inserting ``Directorate of Immigration Affairs'',
``Directorate'', and ``Directorate's'', respectively.
(2) Section 6 of the Act entitled ``An Act to authorize
certain administrative expenses for the Department of
Justice, and for other purposes'', approved July 28, 1950 (64
Stat. 380), is amended--
(A) by striking ``Immigration and Naturalization Service''
and inserting ``Directorate of Immigration Affairs'';
(B) by striking clause (a); and
(C) by redesignating clauses (b), (c), (d), and (e) as
clauses (a), (b), (c), and (d), respectively.
(c) References.--Any reference in any statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding to
the Immigration and Naturalization Service shall be deemed to
refer to the Directorate of Immigration Affairs and the
Directorate of Border and Transportation Security of the
Department of Homeland Security, as appropriate, and any
reference in the immigration laws of the United States (as
defined in section 111(e) of the Immigration and Nationality
Act, as added by this section) to the Attorney General shall
be deemed to refer to the Secretary of Homeland Security,
acting through the Under Secretary for Immigration Affairs
and the Under Secretary for Border and Transportation
Security, as appropriate.
SEC. 1103. UNDER SECRETARY OF HOMELAND SECURITY FOR
IMMIGRATION AFFAIRS.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 of this Act, is
amended by adding at the end the following:
``SEC. 112. UNDER SECRETARY OF HOMELAND SECURITY FOR
IMMIGRATION AFFAIRS.
``(a) Under Secretary of Immigration Affairs.--The
Directorate shall be headed by an Under Secretary of Homeland
Security for Immigration Affairs who shall be appointed in
accordance with section 103(c) of the Immigration and
Nationality Act.
``(b) Responsibilities of the Under Secretary.--
``(1) In general.--The Under Secretary shall be charged
with any and all responsibilities and authority in the
administration of the Directorate and of this Act which are
conferred upon the Secretary as may be delegated to the Under
Secretary by the Secretary or which may be prescribed by the
Secretary.
``(2) Duties.--Subject to the authority of the Secretary
under paragraph (1), the Under Secretary shall have the
following duties:
``(A) Immigration policy.--The Under Secretary shall
develop and implement policy under the immigration laws of
the United States with respect to any function within the
jurisdiction of the Directorate. The Under Secretary shall
propose, promulgate, and issue rules, regulations, and
statements of policy with respect to any function within the
jurisdiction of the Directorate.
``(B) Administration.--The Under Secretary shall have
responsibility for--
``(i) the administration and enforcement of the functions
conferred upon the Directorate under section 111(c) of this
Act; and
``(ii) the administration of the Directorate, including the
direction, supervision, and coordination of the Bureau of
Immigration Services and the Bureau of Enforcement.
``(3) Activities.--As part of the duties described in
paragraph (2), the Under Secretary shall do the following:
[[Page S9293]]
``(A) Resources and personnel management.--The Under
Secretary shall manage the resources, personnel, and other
support requirements of the Directorate.
``(B) Information resources management.--Under the
direction of the Secretary, the Under Secretary shall manage
the information resources of the Directorate, including the
maintenance of records and databases and the coordination of
records and other information within the Directorate, and
shall ensure that the Directorate obtains and maintains
adequate information technology systems to carry out its
functions.
``(4) Definition.--In this chapter, the term `immigration
policy and administration' means the duties, activities, and
powers described in this subsection.
``(c) General Counsel.--
``(1) In general.--There shall be within the Directorate a
General Counsel, who shall be appointed by the Secretary of
Homeland Security, in consultation with the Under Secretary.
``(2) Function.--The General Counsel shall--
``(A) serve as the chief legal officer for the Directorate;
and
``(B) be responsible for providing specialized legal
advice, opinions, determinations, regulations, and any other
assistance to the Under Secretary with respect to legal
matters affecting the Directorate, and any of its components.
``(d) Financial Officers for the Directorate of Immigration
Affairs.--
``(1) Chief financial officer.--
``(A) In general.--There shall be within the Directorate a
Chief Financial Officer. The position of Chief Financial
Officer shall be a career reserved position in the Senior
Executive Service and shall have the authorities and
functions described in section 902 of title 31, United States
Code, in relation to financial activities of the Directorate.
For purposes of section 902(a)(1) of such title, the Under
Secretary shall be deemed to be an agency head.
``(B) Functions.--The Chief Financial Officer shall be
responsible for directing, supervising, and coordinating all
budget formulas and execution for the Directorate.
``(2) Deputy chief financial officer.--The Directorate
shall be deemed to be an agency for purposes of section 903
of such title (relating to Deputy Chief Financial Officers).
``(e) Chief of Congressional, Intergovernmental, and Public
Affairs.--
``(1) In general.--There shall be within the Directorate a
Chief of Congressional, Intergovernmental, and Public
Affairs. Under the authority of the Under Secretary, the
Chief of Congressional, Intergovernmental, and Public Affairs
shall be responsible for--
``(A) providing to Congress information relating to issues
arising under the immigration laws of the United States,
including information on specific cases;
``(B) serving as a liaison with other Federal agencies on
immigration issues; and
``(C) responding to inquiries from, and providing
information to, the media on immigration issues.
``(2) Within the senior executive service.--The position of
Chief of Congressional, Intergovernmental, and Public Affairs
shall be a Senior Executive Service position under section
5382 of title 5, United States Code.''.
(b) Compensation of General Counsel and Chief Financial
Officer.--Section 5316 of title 5, United States Code, is
amended by adding at the end the following:
``General Counsel, Directorate of Immigration Affairs,
Department of Homeland Security.
``Chief Financial Officer, Directorate of Immigration
Affairs, Department of Homeland Security.''.
(c) Repeals.--The following provisions of law are repealed:
(1) Section 7 of the Act of March 3, 1891, as amended (26
Stat. 1085; relating to the establishment of the office of
the Commissioner of Immigration and Naturalization).
(2) Section 201 of the Act of June 20, 1956 (70 Stat. 307;
relating to the compensation of assistant commissioners and
district directors).
(3) Section 1 of the Act of March 2, 1895 (28 Stat. 780;
relating to special immigrant inspectors).
(d) Conforming Amendments.--(1)(A) Section 101(a)(8) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(8)) is
amended to read as follows:
``(8) The term `Under Secretary' means the Under Secretary
for Immigration Affairs who is appointed under section
103(c).''.
(B) Except as provided in subparagraph (C), the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(i) by striking ``The Commissioner of Immigration and
Naturalization'' and ``The Commissioner'' each place they
appear and inserting ``The appropriate Under Secretary of the
Department of Homeland Security''; and
(ii) except as provided in paragraph (1), by striking
``Commissioner of Immigration and Naturalization'' and
``Commissioner'' each place they appear and inserting
``appropriate Under Secretary of the Department of Homeland
Security''.
(C) The amendments made by subparagraph (B) do not apply to
references to the ``Commissioner of Social Security'' in
section 290(c) of the Immigration and Nationality Act (8
U.S.C. 1360(c)).
(2) Section 103 of the Immigration and Nationality Act (8
U.S.C. 1103) is amended--
(A) in subsection (c), by striking ``Commissioner'' and
inserting ``Under Secretary'';
(B) in subsection (d), by striking ``Commissioner'' and
inserting ``Under Secretary''; and
(C) in subsection (e), by striking ``Commissioner'' and
inserting ``Under Secretary''.
(3) Sections 104 and 105 of the Immigration and Nationality
Act (8 U.S.C. 1104, 1105) are amended by striking
``Director'' each place it appears and inserting ``Assistant
Secretary of State for Consular Affairs''.
(4) Section 104(c) of the Immigration and Nationality Act
(8 U.S.C. 1104(c)) is amended--
(A) in the first sentence, by striking ``Passport Office, a
Visa Office,'' and inserting ``a Passport Services office, a
Visa Services office, an Overseas Citizen Services office,'';
and
(B) in the second sentence, by striking ``the Passport
Office and the Visa Office'' and inserting ``the Passport
Services office and the Visa Services office''.
(5) Section 5315 of title 5, United States Code, is amended
by striking the following:
``Commissioner of Immigration and Naturalization,
Department of Justice.''.
(e) References.--Any reference in any statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding to
the Commissioner of Immigration and Naturalization shall be
deemed to refer to the Under Secretary for Immigration
Affairs or the Under Secretary for Border and Transportation
Security, as appropriate.
SEC. 1104. BUREAU OF IMMIGRATION SERVICES.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
section 1103, is further amended by adding at the end the
following:
``SEC. 113. BUREAU OF IMMIGRATION SERVICES.
``(a) Establishment of Bureau.--
``(1) In general.--There is established within the
Directorate a bureau to be known as the Bureau of Immigration
Services (in this chapter referred to as the `Service
Bureau').
``(2) Assistant secretary.--The head of the Service Bureau
shall be the Assistant Secretary for Immigration Services (in
this chapter referred to as the `Assistant Secretary for
Immigration Services'), who--
``(A) shall be appointed by the Secretary, in consultation
with the Under Secretary; and
``(B) shall report directly to the Under Secretary.
``(b) Responsibilities of the Assistant Secretary.--
``(1) In general.--Subject to the authority of the
Secretary and the Under Secretary, the Assistant Secretary
for Immigration Services shall administer the immigration
service functions of the Directorate.
``(2) Immigration service functions defined.--In this
chapter, the term `immigration service functions' means the
following functions under the immigration laws of the United
States:
``(A) Adjudications of petitions for classification of
nonimmigrant and immigrant status.
``(B) Adjudications of applications for adjustment of
status and change of status.
``(C) Adjudications of naturalization applications.
``(D) Adjudications of asylum and refugee applications.
``(E) Adjudications performed at Service centers.
``(F) Determinations concerning custody and parole of
asylum seekers who do not have prior nonpolitical criminal
records and who have been found to have a credible fear of
persecution, including determinations under section 236B.
``(G) All other adjudications under the immigration laws of
the United States.
``(c) Chief Budget Officer of the Service Bureau.--There
shall be within the Service Bureau a Chief Budget Officer.
Under the authority of the Chief Financial Officer of the
Directorate, the Chief Budget Officer of the Service Bureau
shall be responsible for monitoring and supervising all
financial activities of the Service Bureau.
``(d) Quality Assurance.--There shall be within the Service
Bureau an Office of Quality Assurance that shall develop
procedures and conduct audits to--
``(1) ensure that the Directorate's policies with respect
to the immigration service functions of the Directorate are
properly implemented; and
``(2) ensure that Service Bureau policies or practices
result in sound records management and efficient and accurate
service.
``(e) Office of Professional Responsibility.--There shall
be within the Service Bureau an Office of Professional
Responsibility that shall have the responsibility for
ensuring the professionalism of the Service Bureau and for
receiving and investigating charges of misconduct or ill
treatment made by the public.
``(f) Training of Personnel.--The Assistant Secretary for
Immigration Services, in consultation with the Under
Secretary, shall have responsibility for determining the
training for all personnel of the Service Bureau.''.
(b) Service Bureau Offices.--
(1) In general.--Under the direction of the Secretary, the
Under Secretary, acting through the Assistant Secretary for
Immigration Services, shall establish Service Bureau offices,
including suboffices and satellite offices, in appropriate
municipalities and locations in the United States. In the
selection of sites for the Service Bureau offices, the Under
Secretary shall consider the
[[Page S9294]]
location's proximity and accessibility to the community
served, the workload for which that office shall be
responsible, whether the location would significantly reduce
the backlog of cases in that given geographic area, whether
the location will improve customer service, and whether the
location is in a geographic area with an increase in the
population to be served. The Under Secretary shall conduct
periodic reviews to assess whether the location and size of
the respective Service Bureau offices adequately serve
customer service needs.
(2) Transition provision.--In determining the location of
Service Bureau offices, including suboffices and satellite
offices, the Under Secretary shall first consider maintaining
and upgrading offices in existing geographic locations that
satisfy the provisions of paragraph (1). The Under Secretary
shall also explore the feasibility and desirability of
establishing new Service Bureau offices, including suboffices
and satellite offices, in new geographic locations where
there is a demonstrated need.
SEC. 1105. BUREAU OF ENFORCEMENT.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
sections 1103 and 1104, is further amended by adding at the
end the following:
``SEC. 114. BUREAU OF ENFORCEMENT.
``(a) Establishment of Bureau.--
``(1) In general.--There is established within the
Directorate a bureau to be known as the Bureau of Enforcement
(in this chapter referred to as the `Enforcement Bureau').
``(2) Assistant secretary.--The head of the Enforcement
Bureau shall be the Assistant Secretary for Enforcement (in
this chapter referred to as the `Assistant Secretary for
Immigration Enforcement'), who--
``(A) shall be appointed by the Secretary of Homeland
Security, in consultation with the Under Secretary; and
``(B) shall report directly to the Under Secretary.
``(b) Responsibilities of the Assistant Secretary.--
``(1) In general.--Subject to the authority of the
Secretary and the Under Secretary, the Assistant Secretary
for Immigration Enforcement shall administer the immigration
enforcement functions of the Directorate.
``(2) Immigration enforcement functions defined.--In this
chapter, the term `immigration enforcement functions' means
the following functions under the immigration laws of the
United States:
``(A) The detention function, except as specified in
section 113(b)(2)(F).
``(B) The removal function.
``(C) The intelligence function.
``(D) The investigations function.
``(c) Chief Budget Officer of the Enforcement Bureau.--
There shall be within the Enforcement Bureau a Chief Budget
Officer. Under the authority of the Chief Financial Officer
of the Directorate, the Chief Budget Officer of the
Enforcement Bureau shall be responsible for monitoring and
supervising all financial activities of the Enforcement
Bureau.
``(d) Office of Professional Responsibility.--There shall
be within the Enforcement Bureau an Office of Professional
Responsibility that shall have the responsibility for
ensuring the professionalism of the Enforcement Bureau and
receiving charges of misconduct or ill treatment made by the
public and investigating the charges.
``(e) Office of Quality Assurance.--There shall be within
the Enforcement Bureau an Office of Quality Assurance that
shall develop procedures and conduct audits to--
``(1) ensure that the Directorate's policies with respect
to immigration enforcement functions are properly
implemented; and
``(2) ensure that Enforcement Bureau policies or practices
result in sound record management and efficient and accurate
recordkeeping.
``(f) Training of Personnel.--The Assistant Secretary for
Immigration Enforcement, in consultation with the Under
Secretary, shall have responsibility for determining the
training for all personnel of the Enforcement Bureau.''.
(b) Enforcement Bureau Offices.--
(1) In general.--Under the direction of the Secretary, the
Under Secretary, acting through the Assistant Secretary for
Immigration Enforcement, shall establish Enforcement Bureau
offices, including suboffices and satellite offices, in
appropriate municipalities and locations in the United
States. In the selection of sites for the Enforcement Bureau
offices, the Under Secretary shall make selections according
to trends in unlawful entry and unlawful presence, alien
smuggling, national security concerns, the number of Federal
prosecutions of immigration-related offenses in a given
geographic area, and other enforcement considerations. The
Under Secretary shall conduct periodic reviews to assess
whether the location and size of the respective Enforcement
Bureau offices adequately serve enforcement needs.
(2) Transition provision.--In determining the location of
Enforcement Bureau offices, including suboffices and
satellite offices, the Under Secretary shall first consider
maintaining and upgrading offices in existing geographic
locations that satisfy the provisions of paragraph (1). The
Under Secretary shall also explore the feasibility and
desirability of establishing new Enforcement Bureau offices,
including suboffices and satellite offices, in new geographic
locations where there is a demonstrated need.
SEC. 1106. OFFICE OF THE OMBUDSMAN WITHIN THE DIRECTORATE.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
sections 1103, 1104, and 1105, is further amended by adding
at the end the following:
``SEC. 115. OFFICE OF THE OMBUDSMAN FOR IMMIGRATION AFFAIRS.
``(a) In General.--There is established within the
Directorate the Office of the Ombudsman for Immigration
Affairs, which shall be headed by the Ombudsman.
``(b) Ombudsman.--
``(1) Appointment.--The Ombudsman shall be appointed by the
Secretary of Homeland Security, in consultation with the
Under Secretary. The Ombudsman shall report directly to the
Under Secretary.
``(2) Compensation.--The Ombudsman shall be entitled to
compensation at the same rate as the highest rate of basic
pay established for the Senior Executive Service under
section 5382 of title 5, United States Code, or, if the
Secretary of Homeland Security so determines, at a rate fixed
under section 9503 of such title.
``(c) Functions of Office.--The functions of the Office of
the Ombudsman for Immigration Affairs shall include--
``(1) to assist individuals in resolving problems with the
Directorate or any component thereof;
``(2) to identify systemic problems encountered by the
public in dealings with the Directorate or any component
thereof;
``(3) to propose changes in the administrative practices or
regulations of the Directorate, or any component thereof, to
mitigate problems identified under paragraph (2);
``(4) to identify potential changes in statutory law that
may be required to mitigate such problems; and
``(5) to monitor the coverage and geographic distribution
of local offices of the Directorate.
``(d) Personnel Actions.--The Ombudsman shall have the
responsibility and authority to appoint local or regional
representatives of the Ombudsman's Office as in the
Ombudsman's judgment may be necessary to address and rectify
problems.
``(e) Annual Report.--Not later than December 31 of each
year, the Ombudsman shall submit a report to the Committee on
the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate on the activities of
the Ombudsman during the fiscal year ending in that calendar
year. Each report shall contain a full and substantive
analysis, in addition to statistical information, and shall
contain--
``(1) a description of the initiatives that the Office of
the Ombudsman has taken on improving the responsiveness of
the Directorate;
``(2) a summary of serious or systemic problems encountered
by the public, including a description of the nature of such
problems;
``(3) an accounting of the items described in paragraphs
(1) and (2) for which action has been taken, and the result
of such action;
``(4) an accounting of the items described in paragraphs
(1) and (2) for which action remains to be completed;
``(5) an accounting of the items described in paragraphs
(1) and (2) for which no action has been taken, the reasons
for the inaction, and identify any Agency official who is
responsible for such inaction;
``(6) recommendations as may be appropriate to resolve
problems encountered by the public;
``(7) recommendations as may be appropriate to resolve
problems encountered by the public, including problems
created by backlogs in the adjudication and processing of
petitions and applications;
``(8) recommendations to resolve problems caused by
inadequate funding or staffing; and
``(9) such other information as the Ombudsman may deem
advisable.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Office of the Ombudsman such sums as may be necessary
to carry out its functions.
``(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.''.
SEC. 1107. OFFICE OF IMMIGRATION STATISTICS WITHIN THE
DIRECTORATE.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
sections 1103, 1104, and 1105, is further amended by adding
at the end the following:
``SEC. 116. OFFICE OF IMMIGRATION STATISTICS.
``(a) Establishment.--There is established within the
Directorate an Office of Immigration Statistics (in this
section referred to as the `Office'), which shall be headed
by a Director who shall be appointed by the Secretary of
Homeland Security, in consultation with the Under Secretary.
The Office shall collect, maintain, compile, analyze,
publish, and disseminate information and statistics about
immigration in the United States, including information and
statistics involving the functions of the Directorate and the
Executive Office for Immigration Review.
``(b) Responsibilities of Director.--The Director of the
Office shall be responsible for the following:
``(1) Statistical information.--Maintenance of all
immigration statistical information of the Directorate of
Immigration Affairs.
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``(2) Standards of reliability and validity.--Establishment
of standards of reliability and validity for immigration
statistics collected by the Bureau of Immigration Services,
the Bureau of Enforcement, and the Executive Office for
Immigration Review.
``(c) Relation to the Directorate of Immigration Affairs
and the Executive Office for Immigration Review.--
``(1) Other authorities.--The Directorate and the Executive
Office for Immigration Review shall provide statistical
information to the Office from the operational data systems
controlled by the Directorate and the Executive Office for
Immigration Review, respectively, as requested by the Office,
for the purpose of meeting the responsibilities of the
Director of the Office.
``(2) Databases.--The Director of the Office, under the
direction of the Secretary, shall ensure the interoperability
of the databases of the Directorate, the Bureau of
Immigration Services, the Bureau of Enforcement, and the
Executive Office for Immigration Review to permit the
Director of the Office to perform the duties of such
office.''.
(b) Transfer of Functions.--There are transferred to the
Directorate of Immigration Affairs for exercise by the Under
Secretary through the Office of Immigration Statistics
established by section 116 of the Immigration and Nationality
Act, as added by subsection (a), the functions performed by
the Statistics Branch of the Office of Policy and Planning of
the Immigration and Naturalization Service, and the
statistical functions performed by the Executive Office for
Immigration Review, on the day before the effective date of
this title.
SEC. 1108. CLERICAL AMENDMENTS.
The table of contents of the Immigration and Nationality
Act is amended--
(1) by inserting after the item relating to the heading for
title I the following:
``Chapter 1--Definitions and General Authorities'';
(2) by striking the item relating to section 103 and
inserting the following:
``Sec. 103. Powers and duties of the Secretary of Homeland Security and
the Under Secretary of Homeland Security for Immigration
Affairs.'';
and
(3) by inserting after the item relating to section 106 the
following:
``Chapter 2--Directorate of Immigration Affairs
``Sec. 111. Establishment of Directorate of Immigration Affairs.
``Sec. 112. Under Secretary of Homeland Security for Immigration
Affairs.
``Sec. 113. Bureau of Immigration Services.
``Sec. 114. Bureau of Enforcement.
``Sec. 115. Office of the Ombudsman for Immigration Affairs.
``Sec. 116. Office of Immigration Statistics.''.
Subtitle B--Transition Provisions
SEC. 1111. TRANSFER OF FUNCTIONS.
(a) In General.--
(1) Functions of the attorney general.--Except as provided
in subsection (c) and title XIII, all functions under the
immigration laws of the United States vested by statute in,
or exercised by, the Attorney General, immediately prior to
the effective date of this title, are transferred to the
Secretary on such effective date for exercise by the
Secretary through the Under Secretary in accordance with
section 112(b) of the Immigration and Nationality Act, as
added by section 1103 of this Act.
(2) Functions of the commissioner or the ins.--Except as
provided in subsection (c), all functions under the
immigration laws of the United States vested by statute in,
or exercised by, the Commissioner of Immigration and
Naturalization or the Immigration and Naturalization Service
(or any officer, employee, or component thereof), immediately
prior to the effective date of this title, are transferred to
the Directorate of Immigration Affairs on such effective date
for exercise by the Under Secretary in accordance with
section 112(b) of the Immigration and Nationality Act, as
added by section 1103 of this Act.
(b) Exercise of Authorities.--Except as otherwise provided
by law, the Under Secretary may, for purposes of performing
any function transferred to the Directorate of Immigration
Affairs under subsection (a), exercise all authorities under
any other provision of law that were available with respect
to the performance of that function to the official
responsible for the performance of the function immediately
before the effective date of the transfer of the function
under this title.
(c) Special Rule for Border Patrol and Inspection
Functions.--
(1) In general.--Notwithstanding subsections (a) and (b),
the border patrol function, and primary and secondary
immigration inspection functions, vested by statute in, or
exercised by, the Attorney General, the Commissioner of
Immigration and Naturalization, or the Immigration and
Naturalization Service (or any officer, employee, or
component thereof), immediately prior to the effective date
of this title, are transferred to the Secretary on such
effective date for exercise by the Under Secretary for Border
and Transportation in accordance with paragraphs (7) and (8)
of section 131(b).
(2) References.--With respect to the border patrol function
and primary and secondary immigration inspection functions,
references in this subtitle to--
(A) the Directorate shall be deemed to be references to the
Directorate of Border and Transportation Security; and
(B) the Under Secretary shall be deemed to be references to
the Under Secretary for Border and Transportation Security.
SEC. 1112. TRANSFER OF PERSONNEL AND OTHER RESOURCES.
Subject to section 1531 of title 31, United States Code,
upon the effective date of this title, there are transferred
to the appropriate Under Secretary for appropriate allocation
in accordance with section 1115--
(1) the personnel of the Department of Justice employed in
connection with the functions transferred under this title;
and
(2) the assets, liabilities, contracts, property, records,
and unexpended balance of appropriations, authorizations,
allocations, and other funds employed, held, used, arising
from, available to, or to be made available to the
Immigration and Naturalization Service in connection with the
functions transferred pursuant to this title.
SEC. 1113. DETERMINATIONS WITH RESPECT TO FUNCTIONS AND
RESOURCES.
The Secretary shall determine, in accordance with the
corresponding criteria set forth in sections 1112(b),
1113(b), and 1114(b) of the Immigration and Nationality Act
(as added by this title)--
(1) which of the functions transferred under section 1111
are--
(A) immigration policy and administration functions;
(B) immigration service functions;
(C) immigration enforcement functions (excluding the border
patrol function and primary and secondary immigration
inspection functions); and
(D) the border patrol function and primary and secondary
immigration inspection functions; and
(2) which of the personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds
transferred under section 1112 were held or used, arose from,
were available to, or were made available, in connection with
the performance of the respective functions specified in
paragraph (1) immediately prior to the effective date of this
title.
SEC. 1114. DELEGATION AND RESERVATION OF FUNCTIONS.
(a) Delegation to the Directorates.--The Secretary shall
delegate--
(1) through the Under Secretary and subject to section
112(b)(1) of the Immigration and Nationality Act (as added by
section 1103)--
(A) immigration service functions to the Assistant
Secretary for Immigration Services; and
(B) immigration enforcement functions to the Assistant
Secretary for Immigration Enforcement; and
(2) the border patrol function and primary and secondary
immigration inspection functions to the Under Secretary for
Border and Transportation Security.
(b) Nonexclusive Delegations Authorized.--Delegations made
under subsection (a) may be made on a nonexclusive basis as
the Secretary may determine may be necessary to ensure the
faithful execution of the Secretary's responsibilities and
duties under law.
(c) Effect of Delegations.--Except as otherwise expressly
prohibited by law or otherwise provided in this title, the
Secretary may make delegations under this subsection to such
officers and employees of the office of the Under Secretary
for Immigration Affairs, and the Under Secretary for Border
and Transportation Security, respectively, as the Secretary
may designate, and may authorize successive redelegations of
such functions as may be necessary or appropriate. No
delegation of functions under this subsection or under any
other provision of this title shall relieve the official to
whom a function is transferred under this title of
responsibility for the administration of the function.
(d) Statutory Construction.--Nothing in this division may
be construed to limit the authority of the Under Secretary,
acting directly or by delegation under the Secretary, to
establish such offices or positions within the Directorate of
Immigration Affairs, in addition to those specified by this
division, as the Under Secretary may determine to be
necessary to carry out the functions of the Directorate.
SEC. 1115. ALLOCATION OF PERSONNEL AND OTHER RESOURCES.
(a) Authority of the Under Secretary.--
(1) In general.--Subject to paragraph (2) and section
1114(b), the Under Secretary shall make allocations of
personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used,
arising from, available to, or to be made available in
connection with the performance of the respective functions,
as determined under section 1113, in accordance with the
delegation of functions and the reservation of functions made
under section 1114.
(2) Limitation.--Unexpended funds transferred pursuant to
section 1112 shall be used only for the purposes for which
the funds were originally authorized and appropriated.
(b) Authority To Terminate Affairs of INS.--The Attorney
General in consultation with the Secretary, shall provide for
the termination of the affairs of the Immigration and
Naturalization Service and such further
[[Page S9296]]
measures and dispositions as may be necessary to effectuate
the purposes of this division.
(c) Treatment of Shared Resources.--The Under Secretary is
authorized to provide for an appropriate allocation, or
coordination, or both, of resources involved in supporting
shared support functions for the office of the Under
Secretary, the Service Bureau, and the Enforcement Bureau.
The Under Secretary shall maintain oversight and control over
the shared computer databases and systems and records
management.
SEC. 1116. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, recognition
of labor organizations, agreements, including collective
bargaining agreements, certificates, licenses, and
privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Attorney General, the
Commissioner of the Immigration and Naturalization Service,
their delegates, or any other Government official, or by a
court of competent jurisdiction, in the performance of any
function that is transferred under this title; and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to
their terms as in effect on such effective date);
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other authorized
official, a court of competent jurisdiction, or operation of
law, except that any collective bargaining agreement shall
remain in effect until the date of termination specified in
the agreement.
(b) Proceedings.--
(1) Pending.--Sections 111 through 116 of the Immigration
and Nationality Act, as added by subtitle A of this title,
shall not affect any proceeding or any application for any
benefit, service, license, permit, certificate, or financial
assistance pending on the effective date of this title before
an office whose functions are transferred under this title,
but such proceedings and applications shall be continued.
(2) Orders.--Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be made
pursuant to such orders, as if this Act had not been enacted,
and orders issued in any such proceeding shall continue in
effect until modified, terminated, superseded, or revoked by
a duly authorized official, by a court of competent
jurisdiction, or by operation of law.
(3) Discontinuance or modification.--Nothing in this
section shall be considered to prohibit the discontinuance or
modification of any such proceeding under the same terms and
conditions and to the same extent that such proceeding could
have been discontinued or modified if this section had not
been enacted.
(c) Suits.--This title, and the amendments made by this
title, shall not affect suits commenced before the effective
date of this title, and in all such suits, proceeding shall
be had, appeals taken, and judgments rendered in the same
manner and with the same effect as if this title, and the
amendments made by this title, had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other
proceeding commenced by or against the Department of Justice
or the Immigration and Naturalization Service, or by or
against any individual in the official capacity of such
individual as an officer or employee in connection with a
function transferred pursuant to this section, shall abate by
reason of the enactment of this Act.
(e) Continuance of Suit With Substitution of Parties.--If
any Government officer in the official capacity of such
officer is party to a suit with respect to a function of the
officer, and such function is transferred under this title to
any other officer or office, then such suit shall be
continued with the other officer or the head of such other
office, as applicable, substituted or added as a party.
(f) Administrative Procedure and Judicial Review.--Except
as otherwise provided by this title, any statutory
requirements relating to notice, hearings, action upon the
record, or administrative or judicial review that apply to
any function transferred under this title shall apply to the
exercise of such function by the head of the office, and
other officers of the office, to which such function is
transferred.
SEC. 1117. INTERIM SERVICE OF THE COMMISSIONER OF IMMIGRATION
AND NATURALIZATION.
The individual serving as the Commissioner of Immigration
and Naturalization on the day before the effective date of
this title may serve as Under Secretary until the date on
which an Under Secretary is appointed under section 112 of
the Immigration and Nationality Act, as added by section
1103.
SEC. 1118. OTHER AUTHORITIES NOT AFFECTED.
Nothing in this title, or any amendment made by this title,
may be construed to authorize or require the transfer or
delegation of any function vested in, or exercised by--
(1) the Secretary of State under the State Department Basic
Authorities Act of 1956, or under the immigration laws of the
United States, immediately prior to the effective date of
this title, with respect to the issuance and use of passports
and visas;
(2) the Secretary of Labor or any official of the
Department of Labor immediately prior to the effective date
of this title, with respect to labor certifications or any
other authority under the immigration laws of the United
States; or
(3) except as otherwise specifically provided in this
division, any other official of the Federal Government under
the immigration laws of the United States immediately prior
to the effective date of this title.
SEC. 1119. TRANSITION FUNDING.
(a) Authorization of Appropriations for Transition.--
(1) In general.--There are authorized to be appropriated to
the Department of Homeland Security such sums as may be
necessary--
(A) to effect--
(i) the abolition of the Immigration and Naturalization
Service;
(ii) the establishment of the Directorate of Immigration
Affairs and its components, the Bureau of Immigration
Services, and the Bureau of Enforcement (except for the
border patrol function and primary and secondary immigration
inspection functions);
(iii) the transfer to the Directorate of Border and
Transportation Protection of the border patrol function and
primary and secondary immigration inspection functions; and
(iv) the transfer of such other functions as are required
to be made under this division; and
(B) to carry out any other duty that is made necessary by
this division, or any amendment made by this division.
(2) Activities supported.--Activities supported under
paragraph (1) include--
(A) planning for the transfer of functions from the
Immigration and Naturalization Service to the Directorate of
Immigration Affairs and the Directorate of Border and
Transportation Security, as appropriate, including the
preparation of any reports and implementation plans necessary
for such transfer;
(B) the division, acquisition, and disposition of--
(i) buildings and facilities;
(ii) support and infrastructure resources; and
(iii) computer hardware, software, and related
documentation;
(C) other capital expenditures necessary to effect the
transfer of functions described in this paragraph;
(D) revision of forms, stationery, logos, and signage;
(E) expenses incurred in connection with the transfer and
training of existing personnel and hiring of new personnel;
and
(F) such other expenses necessary to effect the transfers,
as determined by the Secretary.
(b) Availability of Funds.--Amounts appropriated pursuant
to subsection (a) are authorized to remain available until
expended.
(c) Transition Account.--
(1) Establishment.--There is established in the general
fund of the Treasury of the United States a separate account,
which shall be known as the ``Directorate of Immigration
Affairs Transition Account'' (in this section referred to as
the ``Account'').
(2) Use of account.--There shall be deposited into the
Account all amounts appropriated under subsection (a) and
amounts reprogrammed for the purposes described in subsection
(a).
(d) Report to Congress on Transition.--Beginning not later
than 90 days after the effective date of division A of this
Act, and at the end of each fiscal year in which
appropriations are made pursuant to subsection (c), the
Secretary of Homeland Security shall submit a report to
Congress concerning the availability of funds to cover
transition costs, including--
(1) any unobligated balances available for such purposes;
and
(2) a calculation of the amount of appropriations that
would be necessary to fully fund the activities described in
subsection (a).
(e) Effective Date.--This section shall take effect 1 year
after the effective date of division A of this Act.
Subtitle C--Miscellaneous Provisions
SEC. 1121. FUNDING ADJUDICATION AND NATURALIZATION SERVICES.
(a) Level of Fees.--Section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)) is amended by striking
``services, including the costs of similar services provided
without charge to asylum applicants or other immigrants'' and
inserting ``services''.
(b) Use of Fees.--
(1) In general.--Each fee collected for the provision of an
adjudication or naturalization service shall be used only to
fund adjudication or naturalization services or, subject to
the availability of funds provided pursuant to subsection
(c), costs of similar services provided without charge to
asylum and refugee applicants.
(2) Prohibition.--No fee may be used to fund adjudication-
or naturalization-related audits that are not regularly
conducted in the normal course of operation.
(c) Refugee and Asylum Adjudication Services.--
(1) Authorization of appropriations.--In addition to such
sums as may be otherwise available for such purposes, there
are authorized to be appropriated such sums as may be
necessary to carry out the provisions of sections 207 through
209 of the Immigration and Nationality Act.
(2) Availability of funds.--Funds appropriated pursuant to
paragraph (1) are authorized to remain available until
expended.
(d) Separation of Funding.--
(1) In general.--There shall be established separate
accounts in the Treasury of the
[[Page S9297]]
United States for appropriated funds and other collections
available for the Bureau of Immigration Services and the
Bureau of Enforcement.
(2) Fees.--Fees imposed for a particular service,
application, or benefit shall be deposited into the account
established under paragraph (1) that is for the bureau with
jurisdiction over the function to which the fee relates.
(3) Fees not transferable.--No fee may be transferred
between the Bureau of Immigration Services and the Bureau of
Enforcement for purposes not authorized by section 286 of the
Immigration and Nationality Act, as amended by subsection
(a).
(e) Authorization of Appropriations for Backlog
Reduction.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary for each of the fiscal years
2003 through 2006 to carry out the Immigration Services and
Infrastructure Improvement Act of 2000 (title II of Public
Law 106-313).
(2) Availability of funds.--Amounts appropriated under
paragraph (1) are authorized to remain available until
expended.
(3) Infrastructure improvement account.--Amounts
appropriated under paragraph (1) shall be deposited into the
Immigration Services and Infrastructure Improvements Account
established by section 204(a)(2) of title II of Public Law
106-313.
SEC. 1122. APPLICATION OF INTERNET-BASED TECHNOLOGIES.
(a) Establishment of On-Line Database.--
(1) In general.--Not later than 2 years after the effective
date of division A, the Secretary, in consultation with the
Under Secretary and the Technology Advisory Committee, shall
establish an Internet-based system that will permit an
immigrant, nonimmigrant, employer, or other person who files
any application, petition, or other request for any benefit
under the immigration laws of the United States access to on-
line information about the processing status of the
application, petition, or other request.
(2) Privacy considerations.--The Under Secretary shall
consider all applicable privacy issues in the establishment
of the Internet system described in paragraph (1). No
personally identifying information shall be accessible to
unauthorized persons.
(3) Means of access.--The on-line information under the
Internet system described in paragraph (1) shall be
accessible to the persons described in paragraph (1) through
a personal identification number (PIN) or other personalized
password.
(4) Prohibition on fees.--The Under Secretary shall not
charge any immigrant, nonimmigrant, employer, or other person
described in paragraph (1) a fee for access to the
information in the database that pertains to that person.
(b) Feasibility Study for On-Line Filing and Improved
Processing.--
(1) On-line filing.--
(A) In general.--The Under Secretary, in consultation with
the Technology Advisory Committee, shall conduct a study to
determine the feasibility of on-line filing of the documents
described in subsection (a).
(B) Study elements.--The study shall--
(i) include a review of computerization and technology of
the Immigration and Naturalization Service (or successor
agency) relating to immigration services and the processing
of such documents;
(ii) include an estimate of the time-frame and costs of
implementing on-line filing of such documents; and
(iii) consider other factors in implementing such a filing
system, including the feasibility of the payment of fees on-
line.
(2) Report.--Not later than 2 years after the effective
date of division A, the Under Secretary shall submit to the
Committees on the Judiciary of the Senate and the House of
Representatives a report on the findings of the study
conducted under this subsection.
(c) Technology Advisory Committee.--
(1) Establishment.--Not later than 1 year after the
effective date of division A, the Under Secretary shall
establish, after consultation with the Committees on the
Judiciary of the Senate and the House of Representatives, an
advisory committee (in this section referred to as the
``Technology Advisory Committee'') to assist the Under
Secretary in--
(A) establishing the tracking system under subsection (a);
and
(B) conducting the study under subsection (b).
(2) Composition.--The Technology Advisory Committee shall
be composed of--
(A) experts from the public and private sector capable of
establishing and implementing the system in an expeditious
manner; and
(B) representatives of persons or entities who may use the
tracking system described in subsection (a) and the on-line
filing system described in subsection (b)(1).
SEC. 1123. ALTERNATIVES TO DETENTION OF ASYLUM SEEKERS.
(a) Assignments of Asylum Officers.--The Under Secretary
shall assign asylum officers to major ports of entry in the
United States to assist in the inspection of asylum seekers.
For other ports of entry, the Under Secretary shall take
steps to ensure that asylum officers participate in the
inspections process.
(b) Amendment of the Immigration and Nationality Act.--
Chapter 4 of title II of the Immigration and Nationality Act
(8 U.S.C. 1221 et seq.) is amended by inserting after section
236A the following new section:
``SEC. 236B. ALTERNATIVES TO DETENTION OF ASYLUM SEEKERS.
``(a) Development of Alternatives to Detention.--The Under
Secretary shall--
``(1) authorize and promote the utilization of alternatives
to the detention of asylum seekers who do not have
nonpolitical criminal records; and
``(2) establish conditions for the detention of asylum
seekers that ensure a safe and humane environment.
``(b) Specific Alternatives for Consideration.--The Under
Secretary shall consider the following specific alternatives
to the detention of asylum seekers described in subsection
(a):
``(1) Parole from detention.
``(2) For individuals not otherwise qualified for parole
under paragraph (1), parole with appearance assistance
provided by private nonprofit voluntary agencies with
expertise in the legal and social needs of asylum seekers.
``(3) For individuals not otherwise qualified for parole
under paragraph (1) or (2), non-secure shelter care or group
homes operated by private nonprofit voluntary agencies with
expertise in the legal and social needs of asylum seekers.
``(4) Noninstitutional settings for minors such as foster
care or group homes operated by private nonprofit voluntary
agencies with expertise in the legal and social needs of
asylum seekers.
``(c) Regulations.--The Under Secretary shall promulgate
such regulations as may be necessary to carry out this
section.
``(d) Definition.--In this section, the term `asylum
seeker' means any applicant for asylum under section 208 or
any alien who indicates an intention to apply for asylum
under that section.''.
(b) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act is amended by inserting after
the item relating to section 236A the following new item:
``Sec. 236B. Alternatives to detention of asylum seekers.''.
Subtitle D--Effective Date
SEC. 1131. EFFECTIVE DATE.
This title, and the amendments made by this title, shall
take effect one year after the effective date of division A
of this Act.
TITLE XII--UNACCOMPANIED ALIEN JUVENILE PROTECTION
SEC. 1201. UNACCOMPANIED ALIEN JUVENILES.
(a) Custody Determinations.--
(1) In general.--
(A) Initial custody and care.--The custody and care of an
unaccompanied alien juvenile shall be the responsibility of
the Under Secretary of Immigration Affairs in the Department
of Homeland Security or the Under Secretary of Border and
Transportation Security, as determined under guidelines to be
promulgated by the Secretary.
(B) Transfer of custody and care.--Unless the juvenile is
described in subsection (b), the Department of Homeland
Security shall transfer custody and care of that juvenile to
the Office of Refugee Resettlement of the Department of
Health and Human Services.
(2) Exception.--Notwithstanding paragraph (1), the
Directorate of Immigration Affairs shall retain or assume the
custody and care of an unaccompanied alien juvenile--
(A) who has been charged with a felony;
(B) who has been convicted of a felony;
(C) who exhibits a violent or criminal behavior that
endangers others; or
(D) with respect to whom the Secretary of Homeland Security
has a substantial evidence to conclude that such juvenile
endangers the national security of the United States.
(b) Functions.--
(1) In general.--Pursuant to subsection (a)(2), the
Director of the Office of Refugee Resettlement shall be
responsible for--
(A) coordinating and implementing the custody and care of
unaccompanied alien juveniles who are in Federal custody by
reason of their immigration status, including developing a
plan to be submitted to the Congress on how to ensure that
qualified and independent legal counsel is timely appointed
to represent the interests of each such juvenile, consistent
with the law regarding appointment of counsel that is in
effect on the date of the enactment of this Act;
(B) ensuring that the interests of the juvenile are
considered in decisions and actions relating to the custody
and care of an unaccompanied alien juvenile;
(C) making placement determinations for all unaccompanied
alien juveniles who are in Federal custody by reason of their
immigration status;
(D) implementing placement determinations for such
unaccompanied alien juveniles;
(E) implementing policies with respect to the care and
placement of unaccompanied alien juveniles;
(F) identifying a sufficient number of qualified
individuals, entities, and facilities to house unaccompanied
alien juveniles;
(G) overseeing the infrastructure and personnel of
facilities in which unaccompanied alien juveniles are housed;
(H) reuniting unaccompanied alien juveniles with a parent
abroad in appropriate cases;
(I) compiling, updating, and publishing at least annually a
State-by-State list of professionals or other entities
qualified to provide guardian and attorney representation
services for unaccompanied alien juveniles;
[[Page S9298]]
(J) maintaining statistical information and other data on
unaccompanied alien juveniles for whose care and placement
the Director is responsible, which shall include--
(i) biographical information, such as a juvenile's name,
sex, date of birth, country of birth, and country of habitual
residence;
(ii) the date on which the juvenile came into Federal
custody by reason of his or her immigration status;
(iii) information relating to the juvenile's placement,
removal, or release from each facility in which the juvenile
has resided;
(iv) in any case in which the juvenile is placed in
detention or released, an explanation relating to the
detention or release; and
(v) the disposition of any actions in which the juvenile is
the subject;
(K) collecting and compiling statistical information from
the Department of Justice, the Department of Homeland
Security, and the Department of State on each department's
actions relating to unaccompanied alien juveniles; and
(L) conducting investigations and inspections of facilities
and other entities in which unaccompanied alien juveniles
reside.
(2) Coordination with other entities; no release on own
recognizance.--In making determinations described in
paragraph (1)(C), the Director of the Office of Refugee
Resettlement--
(A) shall consult with appropriate juvenile justice
professionals, the Director of Immigration Affairs of the
Department of Homeland Security to ensure that the
unaccompanied alien juveniles with respect to whom the
placement determinations are made--
(i) are likely to appear for all hearings or proceedings in
which they are involved;
(ii) are protected from smugglers, traffickers, or others
who might seek to victimize or otherwise engage them in
criminal, harmful, or exploitative activity; and
(iii) are placed in a setting in which they not likely to
pose a danger to themselves or others; and
(B) shall not release such juveniles upon their own
recognizance.
(3) Duties with respect to foster care.-- In carrying out
the duties described in paragraph (1)(G), the Director of the
Office of Refugee Resettlement is encouraged to consider the
use of the refugee children foster care system established
pursuant to section 412(d) of the Immigration and Nationality
Act (8 U.S.C. 1522(d)) for the placement of unaccompanied
alien juveniles.
(c) Appropriate Conditions for Detention of Unaccompanied
Alien Juveniles.--
(1) In general.--An unaccompanied alien juvenile described
in subsection (a)(2) may be placed in a facility appropriate
for delinquent juveniles under conditions appropriate to the
behavior of such juvenile.
(2) Restriction on detention in adult detention
facilities.--To the maximum extent practicable, and
consistent with the protection of the juvenile and others, an
unaccompanied alien juvenile shall not be placed in an adult
detention facility.
(d) Rule of Construction.--Nothing in this section may be
construed to transfer the responsibility for adjudicating
benefit determinations or making enforcement determinations
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) from the authority of any official of the Department of
Justice, the Department of Homeland Security, or the
Department of State, as the case may be.
(e) Transfer of Functions.--There are transferred to the
Director of the Office of Refugee Resettlement of the
Department of Health and Human Services functions under the
immigration and nationality laws of the United States with
respect to the custody and care of unaccompanied alien
juveniles that were vested by statute in, or performed by,
the Commissioner of the Immigration and Naturalization
Service (or any officer, employee, or component of the
Immigration and Naturalization Service) immediately before
the effective date specified in subsection (i).
(f) Other Transition Matters.--
(1) Exercise of authorities.--Except as otherwise provided
by law, a Federal official to whom a function is transferred
by this section may, for purposes of performing the function,
exercise all authorities under any other provision of law
that were available with respect to the performance of that
function to the official responsible for the performance of
the function immediately before the effective date specified
in subsection (i).
(2) Savings provisions.--Subsections (a), (b), and (c) of
section 812 shall apply to a transfer of functions under this
section in the same manner as such provisions apply to a
transfer of functions under this Act to the Department of
Homeland Security.
(3) Transfer and allocation of appropriations.--The assets,
liabilities, contracts, property, records, and unexpended
balance of appropriations, authorizations, allocations, and
other funds employed, held, used, arising from, available to,
or to be made available to, the Immigration and
Naturalization Service in connection with the functions
transferred by this section, subject to section 202 of the
Budget and Accounting Procedures Act of 1950, shall be
transferred to the Director of the Office of Refugee
Resettlement for allocation to the appropriate component of
the Department of Health and Human Services. Unexpended funds
transferred pursuant to this paragraph shall be used only for
the purposes for which the funds were originally authorized
and appropriated.
(g) References.--With respect to any function transferred
by this section, any reference in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or pertaining to a component of
government from which such function is transferred--
(1) to the head of such component is deemed to refer to the
Director of the Office of Refugee Resettlement; or
(2) to such component is deemed to refer to the Office of
Refugee Resettlement of the Department of Health and Human
Services.
(h) Definitions.--In this section:
(1) Lawfully present in the united states.--The term
``lawfully present in the United States'' means, with respect
to an alien, an alien who is--
(A) an alien who is lawfully admitted for permanent
residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act);
(B) an alien who is a nonimmigrant alien described in
section 101(a)(15) of the Immigration and Nationality Act;
(C) an alien who is a special immigrant described in
section 101(a)(27) of the Immigration and Nationality Act;
(D) an alien who is granted asylum under section 208 of
that Act;
(E) a refugee who is admitted to the United States under
section 207 of that Act;
(F) an alien who is paroled into the United States under
section 212(d)(5) of that Act; or
(G) an alien whose deportation is being withheld under
section 243(h) of the Immigration and Nationality Act (as in
effect before April 1, 1997) or section 241(b)(3) of the
Immigration and Nationality Act.
(2) Placement.--The term ``placement'' means the placement
of an unaccompanied alien juvenile in either a detention
facility or an alternative to such a facility.
(3) Unaccompanied alien juvenile.--The term ``unaccompanied
alien juvenile'' means an alien who--
(A) is not lawfully present in the United States;
(B) has not attained 18 years of age; and
(C) with respect to whom--
(i) there is no parent or legal guardian in the United
States; or
(ii) no parent or legal guardian in the United States is
available to provide care and physical custody.
(i) Effective Date.--Notwithstanding section 4, this
section shall take effect on the date on which the transfer
of functions specified under section 411 takes effect.
TITLE XIII--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
SEC. 1301. LEGAL STATUS OF EOIR.
(a) Existence of EOIR.--There is in the Department of
Justice the Executive Office for Immigration Review, which
shall be subject to the direction and regulation of the
Attorney General under section 103(g) of the Immigration and
Nationality Act, as added by section 1302.
SEC. 1302. AUTHORITIES OF THE ATTORNEY GENERAL.
Section 103 of the Immigration and Nationality Act (8
U.S.C. 1103) as amended by this Act, is further amended by--
(1) amending the heading to read as follows:
``powers and duties of the secretary, the under secretary, and the
attorney general'';
(2) in subsection (a)--
(A) by inserting ``Attorney General,'' after
``President,''; and
(B) by redesignating paragraphs (8), (9), (8) (as added by
section 372 of Public Law 104-208), and (9) (as added by
section 372 of Public Law 104-208) as paragraphs (8), (9),
(10), and (11), respectively; and
(3) by adding at the end the following new subsection:
``(g) Attorney General.--
``(1) In general.--The Attorney General shall have such
authorities and functions under this Act and all other laws
relating to the immigration and naturalization of aliens as
were exercised by the Executive Office for Immigration
Review, or by the Attorney General with respect to the
Executive Office for Immigration Review, on the day before
the effective date of the Immigration Reform, Accountability
and Security Enhancement Act of 2002.
``(2) Powers.--The Attorney General shall establish such
regulations, prescribe such forms of bond, reports, entries,
and other papers, issue such instructions, review such
administrative determinations in immigration proceedings,
delegate such authority, and perform such other acts as the
Attorney General determines to be necessary for carrying out
this section.''.
SEC. 1303. STATUTORY CONSTRUCTION.
Nothing in this Act, any amendment made by this Act, or in
section 103 of the Immigration and Nationality Act, as
amended by section 1302, shall be construed to limit judicial
deference to regulations, adjudications, interpretations,
orders, decisions, judgments, or any other actions of the
Secretary of Homeland Security or the Attorney General.
DIVISION C--FEDERAL WORKFORCE IMPROVEMENT
TITLE XXI--CHIEF HUMAN CAPITAL OFFICERS
SEC. 2101. SHORT TITLE.
This title may be cited as the ``Chief Human Capital
Officers Act of 2002''.
[[Page S9299]]
SEC. 2102. AGENCY CHIEF HUMAN CAPITAL OFFICERS.
(a) In General.--Part II of title 5, United States Code, is
amended by inserting after chapter 13 the following:
``CHAPTER 14--AGENCY CHIEF HUMAN CAPITAL OFFICERS
``Sec.
``1401. Establishment of agency Chief Human Capital Officers.
``1402. Authority and functions of agency Chief Human Capital Officers.
``Sec. 1401. Establishment of agency Chief Human Capital
Officers
``The head of each agency referred to under paragraphs (1)
and (2) of section 901(b) of title 31 shall appoint or
designate a Chief Human Capital Officer, who shall--
``(1) advise and assist the head of the agency and other
agency officials in carrying out the agency's
responsibilities for selecting, developing, training, and
managing a high-quality, productive workforce in accordance
with merit system principles;
``(2) implement the rules and regulations of the President
and the Office of Personnel Management and the laws governing
the civil service within the agency; and
``(3) carry out such functions as the primary duty of the
Chief Human Capital Officer.
``Sec. 1402. Authority and functions of agency Chief Human
Capital Officers
``(a) The functions of each Chief Human Capital Officer
shall include--
``(1) setting the workforce development strategy of the
agency;
``(2) assessing workforce characteristics and future needs
based on the agency's mission and strategic plan;
``(3) aligning the agency's human resources policies and
programs with organization mission, strategic goals, and
performance outcomes;
``(4) developing and advocating a culture of continuous
learning to attract and retain employees with superior
abilities;
``(5) identifying best practices and benchmarking studies,
and
``(6) applying methods for measuring intellectual capital
and identifying links of that capital to organizational
performance and growth.
``(b) In addition to the authority otherwise provided by
this section, each agency Chief Human Capital Officer--
``(1) shall have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other
material that--
``(A) are the property of the agency or are available to
the agency; and
``(B) relate to programs and operations with respect to
which that agency Chief Human Capital Officer has
responsibilities under this chapter; and
``(2) may request such information or assistance as may be
necessary for carrying out the duties and responsibilities
provided by this chapter from any Federal, State, or local
governmental entity.''.
(b) Technical and Conforming Amendment.--The table of
chapters for chapters for part II of title 5, United States
Code, is amended by inserting after the item relating to
chapter 13 the following:
``14. Agency Chief Human Capital Officers...................1401''.....
SEC. 2103. CHIEF HUMAN CAPITAL OFFICERS COUNCIL.
(a) Establishment.--There is established a Chief Human
Capital Officers Council, consisting of--
(1) the Director of the Office of Personnel Management, who
shall act as chairperson of the Council;
(2) the Deputy Director for Management of the Office of
Management and Budget, who shall act as vice chairperson of
the Council; and
(3) the Chief Human Capital Officers of Executive
departments and any other members who are designated by the
Director of the Office of Personnel Management.
(b) Functions.--The Chief Human Capital Officers Council
shall meet periodically to advise and coordinate the
activities of the agencies of its members on such matters as
modernization of human resources systems, improved quality of
human resources information, and legislation affecting human
resources operations and organizations.
(c) Employee Labor Organizations at Meetings.--The Chief
Human Capital Officers Council shall ensure that
representatives of Federal employee labor organizations are
present at a minimum of 1 meeting of the Council each year.
Such representatives shall not be members of the Council.
(d) Annual Report.--Each year the Chief Human Capital
Officers Council shall submit a report to Congress on the
activities of the Council.
SEC. 2104. STRATEGIC HUMAN CAPITAL MANAGEMENT.
Section 1103 of title 5, United States Code, is amended by
adding at the end the following:
``(c)(1) The Office of Personnel Management shall design a
set of systems, including appropriate metrics, for assessing
the management of human capital by Federal agencies.
``(2) The systems referred to under paragraph (1) shall be
defined in regulations of the Office of Personnel Management
and include standards for--
``(A)(i) aligning human capital strategies of agencies with
the missions, goals, and organizational objectives of those
agencies; and
``(ii) integrating those strategies into the budget and
strategic plans of those agencies;
``(B) closing skill gaps in mission critical occupations;
``(C) ensuring continuity of effective leadership through
implementation of recruitment, development, and succession
plans;
``(D) sustaining a culture that cultivates and develops a
high performing workforce;
``(E) developing and implementing a knowledge management
strategy supported by appropriate investment in training and
technology; and
``(F) holding managers and human resources officers
accountable for efficient and effective human resources
management in support of agency missions in accordance with
merit system principles.''.
SEC. 2105. EFFECTIVE DATE.
This title shall take effect 180 days after the date of
enactment of this division.
TITLE XXII--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
SEC. 2201. INCLUSION OF AGENCY HUMAN CAPITAL STRATEGIC
PLANNING IN PERFORMANCE PLANS AND PROGRAMS
PERFORMANCE REPORTS.
(a) Performance Plans.--Section 1115 of title 31, United
States Code, is amended--
(1) in subsection (a), by striking paragraph (3) and
inserting the following:
``(3) provide a description of how the performance goals
and objectives are to be achieved, including the operation
processes, training, skills and technology, and the human,
capital, information, and other resources and strategies
required to meet those performance goals and objectives.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following:
``(f) With respect to each agency with a Chief Human
Capital Officer, the Chief Human Capital Officer shall
prepare that portion of the annual performance plan described
under subsection (a)(3).''.
(b) Program Performance Reports.--Section 1116(d) of title
31, United States Code, is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) include a review of the performance goals and
evaluation of the performance plan relative to the agency's
strategic human capital management; and''.
SEC. 2202. REFORM OF THE COMPETITIVE SERVICE HIRING PROCESS.
(a) In General.--Chapter 33 of title 5, United States Code,
is amended--
(1) in section 3304(a)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period and inserting
``; and''; and
(C) by adding at the end of the following:
``(3) authority for agencies to appoint, without regard to
the provision of sections 3309 through 3318, candidates
directly to positions for which--
``(A) public notice has been given; and
``(B) the Office of Personnel Management has determined
that there exists a severe shortage of candidates or there is
a critical hiring need.
The Office shall prescribe, by regulation, criteria for
identifying such positions and may delegate authority to make
determinations under such criteria.''; and
(2) by inserting after section 3318 the following:
``Sec. 3319. Alternative ranking and selection procedures
``(a) The Office, in exercising its authority under section
3304, or an agency to which the Office has delegated
examining authority under section 1104(a)(2), may establish
category rating systems for evaluating applicants for
positions in the competitive service, under 2 or more quality
categories based on merit consistent with regulations
prescribed by the Office of Personnel Management, rather than
assigned individual numerical ratings.
``(b) Within each quality category established under
subsection (a), preference-eligibles shall be listed ahead of
individuals who are not preference eligibles. For other than
scientific and professional positions at GS-9 of the General
Schedule (equivalent or higher), qualified preference-
eligibles who have a compensable service-connected disability
of 10 percent or more shall be listed in the highest quality
category.
``(c)(1) An appointing official may select any applicant in
the highest quality category or, if fewer than 3 candidates
have been assigned to the highest quality category, in a
merged category consisting of the highest and the second
highest quality categories.
``(2) Notwithstanding paragraph (1), the appointing
official may not pass over a preference-eligible in the same
category from which selection is made, unless the
requirements of section 3317(b) or 3318(b), as applicable,
are satisfied.
``(d) Each agency that establishes a category rating system
under this section shall submit in each of the 3 years
following that establishment, a report to Congress on that
system including information on--
``(1) the number of employees hired under that system;
``(2) the impact that system has had on the hiring of
veterans and minorities, including those who are American
Indian or Alaska
[[Page S9300]]
Natives, Asian, Black or African American, and native
Hawaiian or other Pacific Islanders; and
``(3) the way in which managers were trained in the
administration of that system.
``(e) The Office of Personnel Management may prescribe such
regulations as it considers necessary to carry out the
provisions of this section.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 33 of title 5, United States Code, is
amended by striking the item relating to section 3319 and
inserting the following:
``3319. Alternative ranking and selection procedures.''.
SEC. 2203. PERMANENT EXTENSION, REVISION, AND EXPANSION OF
AUTHORITIES FOR USE OF VOLUNTARY SEPARATION
INCENTIVE PAY AND VOLUNTARY EARLY RETIREMENT.
(a) Voluntary Separation Incentive Payments.--
(1) In general.--
(A) Amendment to title 5, united states code.--Chapter 35
of title 5, United States Code, is amended by inserting after
subchapter I the following:
``SUBCHAPTER II--VOLUNTARY SEPARATION INCENTIVE PAYMENTS
``Sec. 3521. Definitions
``In this subchapter, the term--
``(1) `agency' means an Executive agency as defined under
section 105; and
``(2) `employee'--
``(A) means an employee as defined under section 2105
employed by an agency and an individual employed by a county
committee established under section 8(b)(5) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C.
590h(b)(5)) who--
``(i) is serving under an appointment without time
limitation; and
``(ii) has been currently employed for a continuous period
of at least 3 years; and
``(B) shall include--
``(i) a reemployed annuitant under subchapter III of
chapter 83 or 84 or another retirement system for employees
of the Government;
``(ii) an employee having a disability on the basis of
which such employee is or would be eligible for disability
retirement under subchapter III of chapter 83 or 84 or
another retirement system for employees of the Government.
``(iii) an employee who is in receipt of a decision notice
of involuntary separation for misconduct or unacceptable
performance;
``(iv) an employee who has previously received any
voluntary separation incentive payment from the Federal
Government under this subchapter or any other authority;
``(v) an employee covered by statutory reemployment rights
who is on transfer employment with another organization; or
``(vi) any employee who--
``(I) during the 36-month period preceding the date of
separation of that employee, performed service for which a
student loan repayment benefit was or is to be paid under
section 5379;
``(II) during the 24-month period preceding the date of
separation of that employee, performed service for which a
recruitment or relocation bonus was or is to be paid under
section 5753; or
``(III) during the 12-month period preceding the date of
separation of that employee, performed service for which a
retention bonus was or is to be paid under section 5754.
``Sec. 3522. Agency plans; approval
``(a) Before obligating any resources for voluntary
separation incentive payments, the head of each agency shall
submit to the Office of Personnel Management a plan outlining
the intended use of such incentive payments and a proposed
organizational chart for the agency once such incentive
payments have been completed.
``(b) The plan of an agency under subsection (a) shall
include--
``(1) the specific positions and functions to be reduced or
eliminated;
``(2) a description of which categories of employees will
be offered incentives;
``(3) the time period during which incentives may be paid;
``(4) the number and amounts of voluntary separation
incentive payments to be offered; and
``(5) a description of how the agency will operate without
the eliminated positions and functions.
``(c) The Director of the Office of Personnel Management
shall review each agency's plan an may make any appropriate
modifications in the plan, in consultation with the Director
of the Office of Management and Budget. A plan under this
section may not be implemented without the approval of the
Directive of the Office of Personnel Management.
``Sec. 3523. Authority to provide voluntary separation
incentive payments
``(a) A voluntary separation incentive payment under this
subchapter may be paid to an employee only as provided in the
plan of an agency established under section 3522.
``(b) A voluntary incentive payment--
``(1) shall be offered to agency employees on the basis
of--
``(A) 1 or more organizational units;
``(B) 1 or more occupational series or levels;
``(C) 1 or more geographical locations;
``(D) skills, knowledge, or other factors related to a
position;
``(E) specific periods of time during which eligible
employees may elect a voluntary incentive payment; or
``(F) any appropriate combination of such factors;
``(2) shall be paid in a lump sum after the employee's
separation;
``(3) shall be equal to the lesser of--
``(A) an amount equal to the amount the employee would be
entitled to receive under section 5595(c)if the employee were
entitled to payment under such section (without adjustment
for any previous payment made); or
``(B) an amount determined by the agency head, not to
exceed $25,000;
``(4) may be made only in the case of an employee who
voluntarily separates (whether by retirement or resignation)
under this subchapter;
``(5) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
``(6) shall not be taken into account in determining the
amount of any severance pay to which the employee may be
entitled under section 5595, based on another other
separation; and
``(7) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
``Sec. 3524. Effect of subsequent employment with the
Government
``(a) The term `employment'--
``(1) in subsection (b) includes employment under a
personal services contract (or other direct contract) with
the United States Government (other than an entity in the
legislative branch); and
``(2) in subsection (c) does not include employment under
such a contract.
``(b) An individual who has received a voluntary separation
incentive payment under this subchapter and accepts any
employment for compensation with the Government of the United
States with 5 years after the date of the separation on which
the payment is based shall be required to pay, before the
individual's first day of employment, the entire amount of
the incentive payment to he agency that paid the incentive
payment.
``(c)(1) If the employment under this section is with an
agency, other than the General Accounting Office, the United
States Postal Service, or the Postal Rate Commission, the
Director of the Office of Personnel Management may, at the
request of the head of the agency, may waive the repayment
if--
``(A) the individual involved possesses unique abilities
and is the only qualified applicant available for the
position; or
``(B) in case of an emergency involving a direct threat to
life or property, the individual--
``(i) has skills directly related to resolving the
emergency; and
``(ii) will serve on a temporary basis only so long as that
individual's services are made necessary by the emergency.
``(2) If the employment under this section is with an
entity in the legislative branch, the head of the entity or
the appointing official may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
``(3) If the employment under this section is with the
judicial branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
``Sec. 3525. Regulations
``The Office of Personnel Management may prescribe
regulations to carry out this subchapter.''.
(B) Technical and conforming amendments.--Chapter 35 of
title 5, United States Code, is amended--
(i) by striking the chapter heading and inserting the
following:
``CHAPTER 35--RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE
PAYMENTS, RESTORATION, AND REEMPLOYMENT'';
and
(ii) in the table of sections by inserting after the item
relating to section 3504 the following:
``Subchapter II--Voluntary Separation Incentive Payments
``3521. Definitions.
``3522. Agency plans; approval.
``3523. Authority to provide voluntary separation incentive payments.
``3524. Effect of subsequent employment with the Government.
``3525. Regulations.''.
(2) Administrative office of the united states courts.--The
Director of the Administrative Office of the United States
Courts may, by regulation, establish a program substantially
similar to the program established under paragraph (1) for
individuals serving in the judicial branch.
(3) Continuation of other authority.--Any agency exercising
any voluntary separation incentive authority in effect on the
effective date of this subsection may continue to offer
voluntary separation incentives consistent with that
authority until that authority expires.
(4) Effective date.--This subsection shall take effect 60
days after the date of enactment of this Act.
(b) Federal Employee Voluntary Early Retirement.--
(1) Civil service retirement system.--Section 8336(d)(2) of
title 5, United States Code, is amended to read as follows:
[[Page S9301]]
``(2)(A) has been employed continuously, by the agency in
which the employee is serving, for at least the 31-day period
ending on the date on which such agency requests the
determination referred to in subparagraph (D);
``(B) is serving under an appointment that is not time
limited;
``(C) has not been duly notified that such employee is to
be involuntarily separated for misconduct or unacceptable
performance;
``(D) is separated from the service voluntarily during a
period in which, as determined by the office of Personnel
Management (upon request of the agency) under regulations
prescribed by the Office--
``(i) such agency (or, if applicable, the component in
which the employee is serving) is undergoing substantial
delayering, substantial reorganization, substantial
reductions in force, substantial transfer of function, or
other substantial workforce restructuring (or shaping);
``(ii) a significant percentage of employees servicing in
such agency (or component) are likely to be separated or
subject to an immediate reduction in the rate of basic pay
(without regard to subchapter VI of chapter 53, or comparable
provisions); or
``(iii) identified as being in positions which are becoming
surplus or excess to the agency's future ability to carry out
its mission effectively; and
``(E) as determined by the agency under regulations
prescribed by the Office, is within the scope of the offer of
voluntary early retirement, which may be made on the basis
of--
``(i) 1 or more organizational units;
``(ii) 1 or more occupational series or levels;
``(iii) 1 or more geographical locations;
``(iv) specific periods;
``(v) skills, knowledge, or other factors related to a
position; or
``(vi) any appropriate combination of such factors;''.
(2) Federal employees' retirement system.--Section
8414(b)(1) of title 5, United States Code, is amended by
striking subparagraph (B) and inserting the following:
``(B)(i) has been employed continuously, by the agency in
which the employee is serving, for at least the 31-day period
ending on the date on which such agency requests the
determination referred to in clause (iv);
``(ii) is serving under an appointment that is not time
limited;
``(iii) has not been duly notified that such employee is to
be involuntarily separated for misconduct or unacceptable
performance;
``(iv) is separate from the service voluntarily during a
period in which, as determined by the Office of Personnel
Management (upon request of the agency) under regulations
prescribed by the Office--
``(I) such agency (or, if applicable, the component in
which the employee is serving) is undergoing substantial
delayering, substantial reorganization, substantial
reductions in force, substantial transfer of function, or
other substantial workforce restructuring (or shaping);
``(II) a significant percentage of employees serving in
such agency (or component) are likely to be separated or
subject to an immediate reduction in the rate of basic pay
(without regard to subchapter VI of chapter 53, or comparable
provisions); or
``(III) identified as being in positions which are becoming
surplus or excess to the agency's future ability to carry out
its mission effectively; and
``(v) as determined by the agency under regulations
prescribed by the Office, is within the scope of the offer of
voluntary early retirement, which may be made on the basis
of--
``(I) 1 or more organizational units;
``(II) 1 or more occupational series or levels;
``(III) 1 or more geographical locations;
``(IV) specific periods;
``(V) skills, knowledge, or other factors related to a
position; or
``(VI) any appropriate combination of such factors.''.
(3) General accounting office authority.--The amendments
made by this subsection shall not be construed to affect the
authority under section 1 of Public Law 106-303 (5 U.S.C.
8336 note; 114 State. 1063).
(4) Technical and conforming amendments.--Section 7001 of
the 1998 Supplemental Appropriations and Rescissions Act
(Public Law 105-174; 112 Stat. 91) is repealed.
(5) Regulations.--The Office of Personnel Management may
prescribe regulations to carry out this subsection.
(c) Sense of Congress.--It is the sense of Congress that
the implementation of this section is intended to reshape the
Federal workforce and not downsize the Federal workforce.
SEC. 2204. STUDENT VOLUNTEER TRANSIT SUBSIDY.
(a) In General.--Section 7905(a)(1) of title 5, United
States Code, is amended by striking ``and a member of a
uniformed service'' and inserting ``, a member of a uniformed
service, and a student who provides voluntary services under
section 3111''.
(b) Technical and Conforming Amendment.--Section 3111(c)(1)
of title 5, United States Code, is amended by striking
``chapter 81 of this title'' and inserting ``section 7905
(relating to commuting by means other than single-occupancy
motor vehicles), chapter 81''.
TITLE XXIII--REFORMS RELATING TO THE SENIOR EXECUTIVE SERVICE
SEC. 2301. REPEAL OF RECERTIFICATION REQUIREMENTS OF SENIOR
EXECUTIVES.
(a) In General.--Title 5, United States Code, is amended--
(1) in chapter 33--
(A) in section 3393(g) by striking ``3393a'';
(B) by repealing section 3393a; and
(C) in the table of sections by striking the item relating
to section 3393a;
(2) in chapter 35--
(A) in section 3592(a)--
(i) in paragraph (1), by inserting ``or'' at the end;
(ii) in paragraph (2), by striking ``or'' at the end;
(iii) by striking paragraph (3); and
(iv) by striking the last sentence;
(B) in section 3593(a), by striking paragraph (2) and
inserting the following:
``(2) the appointee left the Senior Executive Service for
reasons other than misconduct, neglect of duty, malfeasance,
or less than fully successful executive performance as
determined under subchapter II of chapter 43.''; and
(C) in section 3594(b)--
(i) in paragraph (1), by inserting ``or'' at the end;
(ii) in paragraph (2), by striking ``or'' at the end; and
(iii) by striking paragraph (3);
(3) in section 7701(c)(1)(A), by striking ``or removal from
the Senior Executive Service for failure to be recertified
under section 3393a'';
(4) in chapter 83--
(A) in section 8336(h)(1), by striking ``for failure to be
recertified as a senior executive under section 3393a or'';
and
(B) in section 8339(h), in the first sentence, by striking
``, except that such reduction shall not apply in the case of
an employee retiring under section 8336(h) for failure to be
recertified as a senior executive''; and
(5) in chapter 84--
(A) in section 8414(a)(1), by striking ``for failure to be
recertified as a senior executive under section 3393a or'';
and
(B) in section 8421(a)(2), by striking ``, except that an
individual entitled to an annuity under section 8414(a) for
failure to be recertified as a senior executive shall be
entitled to an annuity supplement without regard to such
applicable retirement age''.
(b) Savings Provision.--Notwithstanding the amendments made
by subsection (a)(2)(A), an appeal under the final sentence
of section 3592(a) of title 5, United States Code, that is
pending on the day before the effective date of this
section--
(1) shall not abate by reason of the enactment of the
amendments made by subsection (a)(2)(A); and
(2) shall continue as if such amendments had not been
enacted.
(c) Application.--The amendment made by subsection
(a)(2)(B) shall not apply with respect to an individual who,
before the effective date of this section, leaves the Senior
Executive Service for failure to be recertified as a senior
executive under section 3393a of title 5, United States Code.
SEC. 2302. ADJUSTMENT OF LIMITATION ON TOTAL ANNUAL
COMPENSATION.
Section 5307(a) of title 5, United States Code, is amended
by adding at the end the following:
``(3) Notwithstanding paragraph (1), the total payment
referred to under such paragraph with respect to an employee
paid under section 5372, 5376, or 5383 of title 5 or section
332(f), 603, or 604 of title 28 shall not exceed the total
annual compensation payable to the Vice President under
section 104 of title 3. Regulations prescribed under
subsection (c) may extend the application of this paragraph
to other equivalent categories of employees.''.
TITLE XXIV--ACADEMIC TRAINING
SEC. 2401. ACADEMIC TRAINING.
(a) Academic Degree Training.--Section 4107 of title 5,
United States Code, is amended to read as follows:
``Sec. 4107. Academic degree training
``(a) Subject to subsection (b), an agency may select and
assign an employee to academic degree training and may pay or
reimburse the costs of academic degree training from
appropriated or other available funds if such training--
``(1) contributes significantly to--
``(A) meeting an identified agency training need;
``(B) resolving an identified agency staffing problem; or
``(C) accomplishing goals in the strategic plan of the
agency;
``(2) is part of a planned, systemic, and coordinated
agency employee development program linked to accomplishing
the strategic goals of the agency; and
``(3) is accredited and is provided by a college or
university that is accredited by a nationally recognized
body.
``(b) In exercising authority under subsection (a), an
agency shall--
``(1) consistent with the merit system principles set forth
in paragraphs (2) and (7) of section 2301(b), take into
consideration the need to--
``(A) maintain a balanced workforce in which women, members
of racial and ethnic minority groups, and persons with
disabilities are appropriately represented in Government
service; and
``(B) provide employees effective education and training to
improve organizational and individual performance;
``(2) assure that the training is not for the sole purpose
of providing an employee an opportunity to obtain an academic
degree or
[[Page S9302]]
qualify for appointment to a particular position for which
the academic degree is a basic requirement;
``(3) assure that no authority under this subsection is
exercised on behalf of any employee occupying or seeking to
qualify for--
``(A) a noncareer appointment in the senior Executive
Service; or
``(B) appointment to any position that is excepted from the
competitive service because of its confidential policy-
determining, policy-making or policy-advocating character;
and
``(4) to the greatest extent practicable, facilitate the
use of online degree training.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 41 of title 5, United States Code, is
amended by striking the item relating to section 4107 and
inserting the following:
``4107. Academic degree training.''.
SEC. 2402. MODIFICATIONS TO NATIONAL SECURITY EDUCATION
PROGRAM.
(a) Findings and Policies.--
(1) Findings.--Congress finds that--
(A) the United States Government actively encourages and
financially supports the training, education, and development
of many United States citizens;
(B) as a condition of some of those supports, many of those
citizens have an obligation to seek either compensated or
uncompensated employment in the Federal sector; and
(C) it is in the United States national interest to
maximize the return to the Nation of funds invested in the
development of such citizens by seeking to employ them in the
Federal sector.
(2) Policy.--It shall be the policy of the United States
Government to--
(A) establish procedures for ensuring that United States
citizens who have incurred service obligations as the result
of receiving financial support for education and training
from the United States Government and have applied for
Federal positions are considered in all recruitment and
hiring initiatives of Federal departments, bureaus, agencies,
and offices; and
(B) advertise and open all Federal positions to United
States citizens who have incurred service obligations with
the United States Government as the result of receiving
financial support for education and training from the United
States Government.
(b) Fulfillment of Service Requirement if National Security
Positions Are Unavailable.--Section 802(b)(2) of the David L.
Boren National Security Education Act of 1991 (50 U.S.C.
1902) is amended--
(1) in subparagraph (A), by striking clause (ii) and
inserting the following:
``(ii) if the recipient demonstrates to the Secretary (in
accordance with such regulations) that no national security
position in an agency or office of the Federal Government
having national security responsibilities is available, work
in other offices or agencies of the Federal Government or in
the field of higher education in a discipline relating to the
foreign country, foreign language, area study, or
international field of study for which the scholarship was
awarded, for a period specified by the Secretary, which
period shall be determined in accordance with clause (i);
or''; and
(2) in subparagraph (B), by striking clause (ii) and
inserting the following:
``(ii) if the recipient demonstrates to the Secretary (in
accordance with such regulations) that no national security
position is available upon the completion of the degree, work
in other offices or agencies of the Federal Government or in
the field of higher education in a discipline relating to
foreign country, foreign language, area study, or
international field of study for which the fellowship was
awarded, for a period specified by the Secretary, which
period shall be determined in accordance with clause (i);
and''.
SEC. 2403. COMPENSATION TIME OFF FOR TRAVEL.
Subchapter V of chapter 55 of title 5, United States Code,
is amended by adding at end the following:
``Sec. 5550b. Compensatory time off for travel
``(a) An employee shall receive 1 hour of compensatory time
off for each hour spent by the employee in travel status away
from the official duty station of the employee, to the extent
that the time spent in travel status is not otherwise
compensable.
``(b) Not later than 30 days after the date of enactment of
this section, the Office of Personnel Management shall
prescribe regulations to implement this section.''.
SEC. 2404. EXTENSION OF CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended
by striking ``September 30, 2003'' and inserting ``December
31, 2007''.
TITLE XXXI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED
STATES
SEC. 3101. ESTABLISHMENT OF COMMISSION.
There is established the National Commission on Terrorist
Attacks Upon the United States (in this title referred to as
the ``Commission'').
SEC. 3102. PURPOSES.
The purposes of the Commission are to--
(1) examine and report upon the facts and causes relating
to the terrorist attacks of September 11, 2001, occurring at
the World Trade Center in New York, New York and at the
Pentagon in Virginia;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the attacks;
(3) build upon the investigations of other entities, and
avoid unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of--
(A) the Joint Inquiry of the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives regarding the
terrorist attacks of September 11, 2001;
(B) other executive branch, congressional, or independent
commission investigations into the terrorist attacks of
September 11, 2001, other terrorist attacks, and terrorism
generally;
(4) make a full and complete accounting of the
circumstances surrounding the attacks, and the extent of the
United States' preparedness for, and response to, the
attacks; and
(5) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for corrective
measures that can be taken to prevent acts of terrorism.
SEC. 3103. COMPOSITION OF THE COMMISSION.
(a) Members.--The Commission shall be composed of 10
members, of whom--
(1) 3 members shall be appointed by the majority leader of
the Senate;
(2) 3 members shall be appointed by the Speaker of the
House of Representatives;
(3) 2 members shall be appointed by the minority leader of
the Senate; and
(4) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Chairperson; Vice Chairperson.--
(1) In general.--Subject to paragraph (2), the Chairperson
and Vice Chairperson of the Commission shall be elected by
the members.
(2) Political party affiliation.--The Chairperson and Vice
Chairperson shall not be from the same political party.
(c) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the
Federal Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, law enforcement, the armed services,
legal practice, public administration, intelligence
gathering, commerce, including aviation matters, and foreign
affairs.
(4) Initial meeting.--If 60 days after the date of
enactment of this Act, 6 or more members of the Commission
have been appointed, those members who have been appointed
may meet and, if necessary, select a temporary chairperson,
who may begin the operations of the Commission, including the
hiring of staff.
(d) Quorum; Vacancies.--After its initial meeting, the
Commission shall meet upon the call of the chairperson or a
majority of its members. Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
SEC. 3104. FUNCTIONS OF THE COMMISSION.
The functions of the Commission are to--
(1) conduct an investigation that--
(A) investigates relevant facts and circumstances relating
to the terrorist attacks of September 11, 2001, including any
relevant legislation, Executive order, regulation, plan,
policy, practice, or procedure; and
(B) may include relevant facts and circumstances relating
to--
(i) intelligence agencies;
(ii) law enforcement agencies;
(iii) diplomacy;
(iv) immigration, nonimmigrant visas, and border control;
(v) the flow of assets to terrorist organizations;
(vi) commercial aviation; and
(vii) other areas of the public and private sectors
determined relevant by the Commission for its inquiry;
(2) identify, review, and evaluate the lessons learned from
the terrorist attacks of September 11, 2001, regarding the
structure, coordination, management policies, and procedures
of the Federal Government, and, if appropriate, State and
local governments and nongovernmental entities, relative to
detecting, preventing, and responding to such terrorist
attacks; and
(3) submit to the President and Congress such reports as
are required by this title containing such findings,
conclusions, and recommendations as the Commission shall
determine, including proposing organization, coordination,
planning, management arrangements, procedures, rules, and
regulations.
SEC. 3105. POWERS OF THE COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this title--
(A) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths; and
(B) require, by subpoena or otherwise, the attendance and
testimony of such witnesses
[[Page S9303]]
and the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or such
designated subcommittee or designated member may determine
advisable.
(2) Subpoenas.--
(A) Issuance.--Subpoenas issued under paragraph (1)(B) may
be issued under the signature of the chairperson of the
Commission the Vice Chairperson the Commission, the
chairperson of any subcommittee created by a majority of the
Commission, or any member designated by a majority of the
Commission, and may be served by any person designated by the
chairperson, subcommittee chairperson, or member.
(B) Enforcement.--
(i) In general.--In the case of contumacy or failure to
obey a subpoena issued under paragraph (1)(B), the United
States district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, or
where the subpoena is returnable, may issue an order
requiring such person to appear at any designated place to
testify or to produce documentary or other evidence. Any
failure to obey the order of the court may be punished by the
court as a contempt of that court.
(ii) Additional enforcement.--In the case of any failure of
any witness to comply with any subpoena or to testify when
summoned under authority of this section, the Commission may,
by majority vote, certify a statement of fact constituting
such failure to the appropriate United States attorney, who
may bring the matter before the grand jury for its action,
under the same statutory authority and procedures as if the
United States attorney had received a certification under
sections 102 through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Closed Meetings.--
(1) In general.--Meetings of the Commission may be closed
to the public under section 10(d) of the Federal Advisory
Committee Act (5 U.S.C. App.) or other applicable law.
(2) Additional authority.--In addition to the authority
under paragraph (1), section 10(a)(1) and (3) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to any
portion of a Commission meeting if the President determines
that such portion or portions of that meeting is likely to
disclose matters that could endanger national security. If
the President makes such determination, the requirements
relating to a determination under section 10(d) of that Act
shall apply.
(c) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter
into contracts to enable the Commission to discharge its
duties under this title.
(d) Information From Federal Agencies.--The Commission is
authorized to secure directly from any executive department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Government
information, suggestions, estimates, and statistics for the
purposes of this title. Each department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request made by
the chairperson, the chairperson of any subcommittee created
by a majority of the Commission, or any member designated by
a majority of the Commission.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States are authorized to provide to
the Commission such services, funds, facilities, staff, and
other support services as they may determine advisable and as
may be authorized by law.
(f) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(g) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
SEC. 3106. STAFF OF THE COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairperson, in
accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission
to carry out its functions, without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any personnel
of the Commission who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall not be
construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(c) Consultant Services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at
rates not to exceed the daily rate paid a person occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
SEC. 3107. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
SEC. 3108. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.
The appropriate executive departments and agencies shall
cooperate with the Commission in expeditiously providing to
the Commission members and staff appropriate security
clearances in a manner consistent with existing procedures
and requirements, except that no person shall be provided
with access to classified information under this section who
would not otherwise qualify for such security clearance.
SEC. 3109. REPORTS OF THE COMMISSION; TERMINATION.
(a) Initial Report.--Not later than 6 months after the date
of the first meeting of the Commission, the Commission shall
submit to the President and Congress an initial report
containing such findings, conclusions, and recommendations
for corrective measures as have been agreed to by a majority
of Commission members.
(b) Additional Reports.--Not later than 1 year after the
submission of the initial report of the Commission, the
Commission shall submit to the President and Congress a
second report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed
to by a majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this title, shall terminate 60 days after the date on which
the second report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the second report.
SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission
to carry out this title $3,000,000, to remain available until
expended.
TITLE XXXII
SEC. ____. PRESERVATION OF THE PRESIDENTIAL NATIONAL SECURITY
POWER
``Notwithstanding any other provision of this Act, nothing
in this Act shall be construed to take away the statutory
authority of the President to act in a manner consistent with
national security requirements and consideration as existed
on the day of the terrorist attacks on September 11, 2001.
These sections shall take effect one day after date of
enactment.
______
SA 4743. Mr. DASCHLE (for himself, Mr. Nelson of Nebraska, Mr.
Chafee, and Mr. Breaux) proposed an amendment to amendment SA 4742
proposed by Mr. Daschle to the bill H.R. 5005, to establish the
Department of Homeland Security, and for other purposes; as follows:
On page 96, strike line 2 and all that follows through page
109, line 13, and insert the following:
SEC. 730. ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT SYSTEM.
(a) Authority.--
(1) Sense of congress.--It is the sense of Congress that--
(A) it is extremely important that employees of the
Department be allowed to participate in a meaningful way in
the creation of any human resources management system
affecting them;
(B) such employees have the most direct knowledge of the
demands of their jobs and have a direct interest in ensuring
that their human resources management system is conducive to
achieving optimal operational efficiencies;
(C) the 21st century human resources management system
envisioned for the Department should be one that benefits
from the input of its employees; and
(D) this collaborative effort will help secure our
homeland.
[[Page S9304]]
(2) In general.--Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following:
``CHAPTER 97--DEPARTMENT OF HOMELAND SECURITY
``Sec.
``9701. Establishment of human resources management system.
``Sec. 9701. Establishment of human resources management
system
``(a) In General.--Notwithstanding any other provision of
this part, the Secretary may, in regulations prescribed
jointly with the Director of the Office of Personnel
Management, establish, and from time to time adjust, a human
resources management system for some or all of the
organizational units of the Department.
``(b) System Requirements.--Any system established under
subsection (a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of merit and fitness
set forth in section 2301, including the principles of hiring
based on merit, fair treatment without regard to political
affiliation or other nonmerit considerations, equal pay for
equal work, and protection of employees against reprisal for
whistleblowing;
``(B) any provision of section 2302, relating to prohibited
personnel practices;
``(C)(i) any provision of law referred to in section
2302(b)(1); or
``(ii) any provision of law implementing any provision of
law referred to in section 2302(b)(1) by--
``(I) providing for equal employment opportunity through
affirmative action; or
``(II) providing any right or remedy available to any
employee or applicant for employment in the civil service;
``(D) any other provision of this part (as described in
subsection (c)); or
``(E) any rule or regulation prescribed under any provision
of law referred to in any of the preceding subparagraphs of
this paragraph;
``(4) ensure that employees may organize, bargain
collectively, and participate through labor organizations of
their own choosing in decisions which affect them, subject to
any exclusion from coverage or limitation on negotiability
established by law; and
``(5) permit the use of a category rating system for
evaluating applicants for positions in the competitive
service.
``(c) Other Nonwaivable Provisions.--The other provisions
of this part as referred to in subsection (b)(3)(D), are (to
the extent not otherwise specified in subparagraph (A), (B),
(C), or (D) of subsection (b)(3))--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55, 57, 59, 71, 72, 73, 77, and
79, and this chapter.
``(d) Limitations Relating to Pay.--Nothing in this section
shall constitute authority--
``(1) to modify the pay of any employee who serves in--
``(A) an Executive Schedule position under subchapter II of
chapter 53 of title 5, United States Code; or
``(B) a position for which the rate of basic pay is fixed
in statute by reference to a section or level under
subchapter II of chapter 53 of such title 5;
``(2) to fix pay for any employee or position at an annual
rate greater than the maximum amount of cash compensation
allowable under section 5307 of such title 5 in a year; or
``(3) to exempt any employee from the application of such
section 5307.
``(e) Provisions To Ensure Collaboration With Employee
Representatives.--
``(1) In general.--In order to ensure that the authority of
this section is exercised in collaboration with, and in a
manner that ensures the direct participation of employee
representatives in the planning development, and
implementation of any human resources management system or
adjustments under this section, the Secretary and the
Director of the Office of Personnel Management shall provide
for the following:
``(A) Notice of proposal.-- The Secretary and the Director
shall, with respect to any proposed system or adjustment--
``(i) provide to each employee representative representing
any employees who might be affected, a written description of
the proposed system or adjustment (including the reasons why
it is considered necessary);
``(ii) give each representative at least 60 days (unless
extraordinary circumstances require earlier action) to review
and make recommendations with respect to the proposal; and
``(iii) give any recommendations received from any such
representatives under clause (ii) full and fair consideration
in deciding whether or how to proceed with the proposal.
``(B) Preimplementation requirements.--If the Secretary and
the Director decide to implement a proposal described in
subparagraph (A), they shall before implementation--
``(i) give each representative details of the decision to
implement the proposal, together with the information upon
which the decision is based;
``(ii) give each representative an opportunity to make
recommendations with respect to the proposal; and
``(iii) give such recommendation full and fair
consideration, including the providing of reasons to an
employee representative if any of its recommendations are
rejected.
``(C) Continuing collaboration.--If a proposal described in
subparagraph (A) is implemented, the Secretary and the
Director shall--
``(i) develop a method for each employee representative to
participate in any further planning or development which
might become necessary; and
``(ii) give each employee representative adequate access to
information to make that participation productive.
``(2) Procedures.--Any procedures necessary to carry out
this subsection shall be established by the Secretary and the
Director jointly. Such procedures shall include measures to
ensure--
``(A) in the case of employees within a unit with respect
to which a labor organization is accorded exclusive
recognition, representation by individuals designated or from
among individuals nominated by such organization;
``(B) in the case of any employees who are not within such
a unit, representation by any appropriate organization which
represents a substantial percentage of those employees or, if
none, in such other manner as may be appropriate, consistent
with the purposes of the subsection; and
``(C) the selection of representatives in a manner
consistent with the relative number of employees represented
by the organizations or other representatives involved.
``(3) Written agreement.--Notwithstanding any other
provision of this part, employees within a unit to which a
labor organization is accorded exclusive recognition under
chapter 71 shall not be subject to any system provided under
this section unless the exclusive representative and the
Secretary have entered into a written agreement, which
specifically provides for the inclusion of such employees
within such system. Such written agreement may be imposed by
the Federal Service Impasses Panel under section 7119, after
negotiations consistent with section 7117.
``(f) Provisions Relating to Appellate Procedures.--
(1) Sense of congress.--It is the sense of Congress that--
``(A) employees of the Department are entitled to fair
treatment in any appeals that they bring in decisions
relating to their employment; and
``(B) in prescribing regulations for any such appeals
procedures, the Secretary and the Director of the Office of
Personnel Management--
``(i) should ensure that employees of the Department are
afforded the protections of due process; and
``(ii) toward that end, should be required to consult with
the Merit Systems Protection Board before issuing any such
regulations.
``(2) Requirements.--Any regulations under this section
which relate to any matters within the purview of chapter
77--
``(A) shall be issued only after consultation with the
Merit Systems Protection Board;
``(B) shall ensure the availability of procedures which
shall--
``(i) be consistent with requirements of due process; and
``(ii) provide, to the maximum extent practicable, for the
expeditious handling of any matters involving the Department;
and
``(C) shall modify procedures under chapter 77 only insofar
as such modifications are designed to further the fair,
efficient, and expeditious resolution of matters involving
the employees of the Department.
``(g) Sunset Provision.--Effective 5 years after the
conclusion of the transition period defined under section 801
of the Homeland Security Act of 2002, all authority to issue
regulations under this section (including regulations which
would modify, supersede, or terminate any regulations
previously issued under this section) shall cease to be
available.''.
(3) Clerical amendment.--The table of chapters for part III
of title 5, United States Code, is amended by adding at the
end of the following:
``97. Department of Homeland Security.......................9701''.....
(b) Effect on Personnel.--
(1) Nonseparation or nonreduction in grade or compensation
of full-time personnel and part-time personnel holding
permanent positions.--Except as otherwise provided in this
Act, the transfer pursuant to this act of full-time personnel
(except special Government employees) and part-time personnel
holding permanent positions shall not cause any such employee
to be separated or reduced in grade or compensation for one
year after the date of transfer to the Department.
(2) Positions compensated in accordance with executive
schedule.--Any person who, on the day preceding such person's
date of transfer pursuant to this Act, held a position
compensated in accordance with the Executive Schedule
prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in the
Department to a position having duties comparable to the
duties performed immediately preceding such appointment shall
continue to be compensated in such new position at not less
than the rate provided for such position, for the duration of
the service of such person in such new position.
(3) Coordination rule.--Any exercise of authority under
chapter 97 of title 5, United States Code (as amended by
subsection (a)), including under any system established under
such chapter, shall be in conformance with the requirements
of this subsection.
[[Page S9305]]
SEC. 731. LABOR-MANAGEMENT RELATIONS.
(a) Limitation on Exclusionary Authority.--
(1) In general.--No agency or subdivision of an agency
which is transferred to the Department pursuant to this Act
shall be excluded from the coverage of chapter 71 of title 5,
United States Code, as a result of any order issued under
section 7103(b)(1) of such title 5 after June 18, 2002,
unless--
(A) the mission and responsibilities of the agency (or
subdivision) materially change; and
(B) a majority of the employees within such agency (or
subdivision) have as their primary duty intelligence,
counterintelligence, or investigative work directly related
to terrorism investigation.
(2) Exclusions allowable.--Nothing in paragraph (1) shall
affect the effectiveness of any order to the extent that such
order excludes any portion of an agency or subdivision of an
agency as to which--
(A) recognition as an appropriate unit has never been
conferred for purposes of chapter 71 of title 5, United
States Code; or
(B) any such recognition has been revoked or otherwise
terminated as a result of a determination under subsection
(b)(1).
(b) Provisions Relating to Bargaining Units.--
(1) Limitation relating to appropriate units.--Each unit
which is recognized as an appropriate unit for purposes of
chapter 71 of title 5, United States Code, as of the day
before the effective date of this Act (and any subdivision of
any such unit) shall, if such unit (or subdivision) is
transferred to the Department pursuant to this Act, continue
to be so recognized for such purposes, unless--
(A) the mission and responsibilities of such unit (or
subdivision) materially change; and
(B) a majority of the employees within such unit (or
subdivision) have as their primary duty intelligence,
counterintelligence, or investigative work directly related
to terrorism investigation.
(2) Limitation relating to positions or employees.--No
position or employee within a unit (or subdivision of a unit)
as to which continued recognition is given in accordance with
paragraph (1) shall be excluded from such unit (or
subdivision), for purposes of chapter 71 of title 5, United
States Code, unless the primary job duty of such position or
employee--
(A) materially changes; and
(B) consists of intelligence, counterintelligence, or
investigative work directly related to terrorism
investigation.
In the case of any positions within a unit (or subdivision)
which are first established on or after the effective date of
this Act and any employee first appointed on or after such
date, the preceding sentence shall be applied disregarding
subparagraph (A).
(c) Coordination Rule.--No other provision of this Act or
of any amendment made by this Act may be construed or applied
in a manner so as to limit, supersede, or otherwise affect
the provisions of this section, except to the extent that it
does so by specific reference to this section.
(d) Savings clause.--Notwithstanding any other provision of
this Act, Title XXXII is null and void.
______
SA 4744. Mr. DASCHLE submitted an amendment intended to be proposed
to the language proposed to be stricken by amendment SA 4471 proposed
by Mr. Lieberman to the bill H.R. 5005, to establish the Department of
Homeland Security, and for other purposes; which was ordered to lie on
the table; as follows:
Strike all after the first word in H.R. 5005 and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A.--Homeland Security.
(2) Division B.--Immigration Reform, Accountability, and
Security Enhancement Act of 2002.
(3) Division C.--Federal Workforce Improvement.
(c) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Construction; severability.
Sec. 4. Effective date.
DIVISION A--HOMELAND SECURITY
TITLE I--DEPARTMENT OF HOMELAND SECURITY
Sec. 101. Executive department; mission.
Sec. 102. Secretary; functions.
Sec. 103. Other officers.
Sec. 104. Office of International Affairs.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Sec. 201. Directorate for Information Analysis and Infrastructure
Protection.
Sec. 202. Access to information.
Sec. 203. Protection of voluntarily furnished confidential information.
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
Sec. 301. Under Secretary for Science and Technology.
Sec. 302. Responsibilities and authorities of the Under Secretary for
Science and Technology.
Sec. 303. Functions transferred.
Sec. 304. Conduct of certain public health-related activities.
Sec. 305. Research in conjunction with the Department of Health and
Human Services and other departments.
Sec. 306. Homeland Security Advanced Research Projects Agency.
Sec. 307. Miscellaneous authorities relating to national laboratories.
Sec. 308. Homeland Security Institute.
Sec. 309. Utilization of Department of Energy national laboratories and
sites in support of homeland security activities.
Sec. 310. Transfer of Plum Island Animal Disease Center, Department of
Agriculture.
Sec. 311. Clearinghouse.
TITLE IV--BORDER AND TRANSPORTATION SECURITY
Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Responsibilities.
Sec. 403. Functions transferred.
Sec. 404. Transfer of certain agricultural inspection functions of the
Department of Agriculture.
Sec. 405. Coordination of information and information technology.
Sec. 406. Visa issuance.
Sec. 407. Border security and immigration working group.
Sec. 408. Information on visa denials required to be entered into
electronic data system.
Sec. 409. Study on use of foreign national personnel in visa
processing.
TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE
Sec. 501. Under Secretary for Emergency Preparedness and Response.
Sec. 502. Responsibilities.
Sec. 503. Functions transferred.
Sec. 504. Nuclear incident response.
Sec. 505. Conduct of certain public health-related activities.
Sec. 506. Definition.
TITLE VI--MANAGEMENT
Sec. 601. Under Secretary for Management.
Sec. 602. Responsibilities.
Sec. 603. Chief Financial Officer.
Sec. 604. Chief Information Officer.
Sec. 605. Chief Human Capital Officer.
TITLE VII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
Subtitle A--Coordination with Non-Federal Entities
Sec. 701. Responsibilities.
Subtitle B--Inspector General
Sec. 710. Authority of the Secretary.
Sec. 711. Law enforcement powers of Inspector General Agents.
Subtitle C--United States Secret Service
Sec. 720. Functions transferred.
Subtitle D--General Provisions
Sec. 730. Establishment of Human Resources Management System.
Sec. 731. Labor-management relations.
Sec. 732. Advisory committees.
Sec. 733. Acquisitions.
Sec. 734. Reorganization authority.
Sec. 735. Miscellaneous provisions.
Sec. 736. Authorization of appropriations.
Sec. 737. Regulatory authority.
Sec. 738. Use of appropriated funds.
Sec. 739. Future Year Homeland Security Program.
Sec. 739A. Bioterrorism Preparedness and Response Division.
Sec. 739B. Coordination with the Department of Health and Human
Services under the Public Health Service Act.
Subtitle E--Risk Sharing and Indemnification for Contractors Supplying
Anti-Terrorism Technology and Services
Sec. 741. Application of indemnification authority.
Sec. 742. Application of indemnification authority to State and local
government contractors.
Sec. 743. Procurements of anti-terrorism technologies and anti-
terrorism services by State and local governments through
Federal contracts.
Sec. 744. Congressional notification.
Sec. 745. Definitions.
Subtitle F--Federal Emergency Procurement Flexibility
Sec. 751. Definition.
Sec. 752. Procurements for defense against or recovery from terrorism
or nuclear, biological, chemical, or radiological attack.
Sec. 753. Increased simplified acquisition threshold for procurements
in support of humanitarian or peacekeeping operations or
contingency operations.
Sec. 754. Increased micro-purchase threshold for certain procurements.
Sec. 755. Application of certain commercial items authorities to
certain procurements.
Sec. 756. Use of streamlined procedures.
Sec. 757. Review and report by Comptroller General.
Sec. 758. Identification of new entrants into the Federal marketplace.
Subtitle G--Coast Guard
Sec. 761. Preserving Coast Guard mission performance.
[[Page S9306]]
TITLE VIII--TRANSITION
Sec. 801. Definitions.
Sec. 802. Transfer of agencies.
Sec. 803. Transitional authorities.
Sec. 804. Savings provisions.
Sec. 805. Terminations.
Sec. 806. Incidental transfers.
TITLE IX--CONFORMING AND TECHNICAL AMENDMENTS
Sec. 901. Inspector General Act.
Sec. 902. Executive schedule.
Sec. 903. United States Secret Service.
Sec. 904. Coast Guard.
Sec. 905. Strategic National Stockpile and smallpox vaccine
development.
Sec. 906. Select agent registration.
Sec. 907. National Bio-Weapons Defense Analysis Center.
Sec. 908. Military activities.
DIVISION B--IMMIGRATION REFORM, ACCOUNTABILITY, AND SECURITY
ENHANCEMENT ACT OF 2002
Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Transfer of Immigration and Naturalization Service
functions.
TITLE XI--DIRECTORATE OF IMMIGRATION AFFAIRS
Subtitle A--Organization
Sec. 1101. Abolition of Immigration and Naturalization Service.
Sec. 1102. Establishment of Directorate of Immigration Affairs.
Sec. 1103. Under Secretary of Homeland Security for Immigration
Affairs.
Sec. 1104. Bureau of Immigration Services.
Sec. 1105. Bureau of Enforcement.
Sec. 1106. Office of the Ombudsman within the Directorate.
Sec. 1107. Office of Immigration Statistics within the Directorate.
Sec. 1108. Clerical amendments.
Subtitle B--Transition Provisions
Sec. 1111. Transfer of functions.
Sec. 1112. Transfer of personnel and other resources.
Sec. 1113. Determinations with respect to functions and resources.
Sec. 1114. Delegation and reservation of functions.
Sec. 1115. Allocation of personnel and other resources.
Sec. 1116. Savings provisions.
Sec. 1117. Interim service of the Commissioner of Immigration and
Naturalization.
Sec. 1118. Other authorities not affected.
Sec. 1119. Transition funding.
Subtitle C--Miscellaneous Provisions
Sec. 1121. Funding adjudication and naturalization services.
Sec. 1122. Application of Internet-based technologies.
Sec. 1123. Alternatives to detention of asylum seekers.
Subtitle D--Effective Date
Sec. 1131. Effective date.
TITLE XII--UNACCOMPANIED ALIEN JUVENILE PROTECTION
Sec. 1201. Unaccompanied alien juveniles.
TITLE XIII--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
Sec. 1301. Legal status of EOIR.
Sec. 1302. Authorities of the Attorney General.
Sec. 1303. Statutory construction.
DIVISION C--FEDERAL WORKFORCE IMPROVEMENT
TITLE XXI--CHIEF HUMAN CAPITAL OFFICERS
Sec. 2101. Short title.
Sec. 2102. Agency Chief Human Capital Officers.
Sec. 2103. Chief Human Capital Officers Council.
Sec. 2104. Strategic human capital management.
Sec. 2105. Effective date.
TITLE XXII--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
Sec. 2201. Inclusion of agency human capital strategic planning in
performance plans and programs performance reports.
Sec. 2202. Reform of the competitive service hiring process.
Sec. 2203. Permanent extension, revision, and expansion of authorities
for use of voluntary separation incentive pay and
voluntary early retirement.
Sec. 2204. Student volunteer transit subsidy.
TITLE XXIII--REFORMS RELATING TO THE SENIOR EXECUTIVE SERVICE
Sec. 2301. Repeal of recertification requirements of senior executives.
Sec. 2302. Adjustment of limitation on total annual compensation.
TITLE XXIV--ACADEMIC TRAINING
Sec. 2401. Academic training.
Sec. 2402. Modifications to National Security Education Program.
Sec. 2403. Compensation time off for travel.
Sec. 2404. Customs User Fees Extension.
DIVISION D--NATIONAL COMMISSION
SEC. 2. DEFINITIONS.
Unless the context clearly indicates otherwise, the
following shall apply for purposes of this Act:
(1) American homeland or homeland.--Each of the terms
``American homeland'' or ``homeland'' mean the United States,
in a geographic sense.
(2) Critical infrastructure.--The term ``critical
infrastructure'' means systems and assets, whether physical
or virtual, so vital to the United States that the
incapacitation or destruction of such systems or assets would
have a debilitating impact on security, national economic
security, national public health or safety, or any
combination of those matters.
(3) Assets.--The term ``assets'' includes contracts,
facilities, property, records, unobligated or unexpended
balances of appropriations, and other funds or resources
(other than personnel).
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Emergency response providers.--The term ``emergency
response providers'' includes Federal, State, and local
government emergency public safety, law enforcement,
emergency response, emergency medical, and related personnel,
agencies, and authorities.
(6) Executive agency.--The term ``Executive agency'' means
an executive agency and a military department, as defined,
respectively, in sections 105 and 102 of title 5, United
States Code.
(7) Functions.--The term ``functions'' includes
authorities, powers, rights, privileges, immunities,
programs, projects, activities, duties, responsibilities, and
obligations.
(8) Key resources.--The term ``key resources'' means
structures, monuments or items of exceptional historical,
social, cultural, or symbolic significance to the United
States.
(9) Local government.--The term ``local government'' has
the meaning given in section 102(6) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Public Law 93-
288).
(10) Major disaster.--The term ``major disaster'' has the
meaning given in section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Public Law 93-
288).
(11) Personnel.--The term ``personnel'' means officers and
employees.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(13) United states.--The term ``United States'', when used
in a geographic sense, means any State (within the meaning of
section 102(4) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Public Law 93-288)), any possession
of the United States, and any waters within the jurisdiction
of the United States.
SEC. 3. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or
unenforceable by its terms, or as applied to any person or
circumstance, shall be construed so as to give it the maximum
effect permitted by law, unless such holding shall be one of
utter invalidity or unenforceability, in which event such
provision shall be deemed severable from this Act and shall
not affect the remainder thereof, or the application of such
provision to other persons not similarly situated or to
other, dissimilar circumstances.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect thirty days after the date of
enactment or, if enacted within thirty days before January 1,
2003, on January 1, 2003.
DIVISION A--HOMELAND SECURITY
TITLE I--DEPARTMENT OF HOMELAND SECURITY
SEC. 101. EXECUTIVE DEPARTMENT; MISSION.
(a) Establishment.--There is established a Department of
Homeland Security, as an executive department of the United
States within the meaning of title 5, United States Code.
(b) Primary Mission.--
(1) In general.--The primary mission of the Department is
to--
(A) prevent terrorist attacks within the United States;
(B) reduce the vulnerability of the United States to
terrorism; and
(C) minimize the damage, and assist in the recovery, from
terrorist attacks that do occur within the United States.
(2) Responsibilities.--In carrying out the mission
described in paragraph (1), and as further described in this
Act, the Department's primary responsibilities shall
include--
(A) information analysis and infrastructure protection;
(B) research and development, including efforts to counter
chemical, biological, radiological, nuclear, and other
emerging threats;
(C) border and transportation security;
(D) emergency preparedness and response; and
(E) coordination (including the provision of training and
equipment) with other executive agencies, with State and
local government personnel, agencies, and authorities, with
the private sector, and with other entities.
(3) Other responsibilities.--The Department shall also be
responsible for carrying out other functions of entities
transferred to the Department as provided by law, and the
enumeration of the primary homeland security missions and
responsibilities in this section does not impair or diminish
the Department's non-homeland security missions and
responsibilities.
SEC. 102. SECRETARY; FUNCTIONS.
(a) Secretary.--
(1) Appointment.--There is a Secretary of Homeland
Security, appointed by the President, by and with the advice
and consent of the Senate.
[[Page S9307]]
(2) Head of department.--The Secretary is the head of the
Department and shall have direction, authority, and control
over it.
(3) Vested functions.--All functions of all officers,
employees, and organizational units of the Department are
vested in the Secretary.
(b) Functions.--The Secretary--
(1) may, except as otherwise provided in this Act, delegate
any of his functions to any officer, employee, or
organizational unit of the Department;
(2) shall have such functions, including the authority to
make contracts, grants, and cooperative agreements, and to
enter into agreements with other executive agencies, as may
be necessary and proper to carry out his responsibilities
under this Act or otherwise provided by law; and
(3) may, subject to the direction of the President, attend
and participate in meetings of the National Security Council.
SEC. 103. OTHER OFFICERS.
(a) Deputy Secretary; Under Secretaries.--To assist the
Secretary in the performance of his functions, there are the
following officers, appointed by the President, by and with
the advice and consent of the Senate:
(1) A Deputy Secretary of Homeland Security, who shall be
the Secretary's first assistant for purposes of chapter 33,
subchapter 3, of title 5, United States Code.
(2) An Under Secretary for Information Analysis and
Infrastructure Protection.
(3) An Under Secretary for Science and Technology.
(4) An Under Secretary for Border and Transportation
Security.
(5) An Under Secretary for Emergency Preparedness and
Response.
(6) An Under Secretary for Management.
(7) An Under Secretary for Immigration Affairs.
(8) Not more than 16 Assistant Secretaries.
(9) A General Counsel, who shall be the chief legal officer
of the Department.
(b) Chief of Immigration Policy.--
(1) In general.--There shall be within the office of the
Deputy Secretary of Homeland Security a Chief of Immigration
Policy, who, under the authority of the Secretary, shall be
responsible for--
(A) establishing national immigration policy and
priorities; and
(B) coordinating immigration policy between the Directorate
of Immigration Affairs and the Directorate of Border and
Transportation Security.
(2) Within the senior executive service.--The position of
Chief of Immigration Policy shall be a Senior Executive
Service position under section 5382 of title 5, United States
Code.
(c) Inspector General.--To assist the Secretary in the
performance of his functions, there is an Inspector General,
who shall be appointed as provided in section 3(a) of the
Inspector General Act of 1978.
(d) Commandant of the Coast Guard.--To assist the Secretary
in the performance of his functions, there is a Commandant of
the Coast Guard, who shall be appointed as provided in
section 44 of title 14, United States Code.
(e) Other Officers.--To assist the Secretary in the
performance of his functions, there are the following
officers, appointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Financial Officer.
(3) A Chief Information Officer.
(4) A Chief Human Capital Officer.
(f) Performance of Specific Functions.--Subject to the
provisions of this Act, every officer of the Department shall
perform the functions specified by law for his office or
prescribed by the Secretary.
SEC. 104. OFFICE OF INTERNATIONAL AFFAIRS.
(a) Establishment.--There is established within the Office
of the Secretary, an Office of International Affairs. The
Office shall be headed by a Director who shall be appointed
by the Secretary.
(b) Responsibilities of the Director.--The Director shall
have the following responsibilities:
(1) To promote information and education exchange with
foreign nations in order to promote sharing of best practices
and technologies relating to homeland security. Such
information exchange shall include--
(A) joint research and development on countermeasures;
(B) joint training exercises of first responders; and
(C) exchange of expertise on terrorism prevention,
response, and crisis management.
(2) To identify areas for homeland security information and
training exchange.
(3) To plan and undertake international conferences,
exchange programs, and training activities.
(4) To manage activities under this section and other
international activities within the Department in
consultation with the Department of State and other relevant
Federal officials.
(5) To initially concentrate on fostering cooperation with
countries that are already highly focused on homeland
security issues and that have demonstrated the capability for
fruitful cooperation with the United States in the area of
counterterrorism.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND
INFRASTRUCTURE PROTECTION.
(a) Under Secretary of Homeland Security for Information
Analysis and Infrastructure Protection.--
(1) In general.--There shall be in the Department a
Directorate for Information Analysis and Infrastructure
Protection headed by an Under Secretary for Information
Analysis and Infrastructure Protection, who shall be
appointed by the President, by and with the advice and
consent of the Senate.
(2) Responsibilities.--The Under Secretary shall assist the
Secretary in discharging the responsibilities under section
101 (b)(2)(A) and (d).
(b) Assistant Secretary for Information Analysis; Assistant
Secretary for Infrastructure Protection.--
(1) Assistant secretary for information analysis.--There
shall be in the Department an Assistant Secretary for
Information Analysis, who shall be appointed by the
President.
(2) Assistant secretary for infrastructure protection.--
There shall be in the Department an Assistant Secretary for
Infrastructure Protection, who shall be appointed by the
President.
(3) Responsibilities.--The Assistant Secretary for
Information Analysis and the Assistant Secretary for
Infrastructure Protection shall assist the Under Secretary
for Information Analysis and Infrastructure Protection in
discharging the responsibilities of the Under Secretary under
this section.
(c) Discharge of Information Analysis and Infrastructure
Protection.--The Secretary shall ensure that the
responsibilities of the Department regarding information
analysis and infrastructure protection are carried out
through the Under Secretary for Information Analysis and
Infrastructure Protection.
(d) Responsibilities of Under Secretary.--Subject to the
direction and control of the Secretary, the responsibilities
of the Under Secretary for Information Analysis and
Infrastructure Protection shall be as follows:
(1) To access, receive, and analyze law enforcement
information, intelligence information, intelligence-related
information, and other information from agencies of the
Federal Government, State and local government agencies
(including law enforcement agencies), and private sector
entities, and to integrate such information in order to--
(A) identify and assess the nature and scope of threats to
the homeland;
(B) detect and identify threats of terrorism against the
United States and other threats to homeland security; and
(C) understand such threats in light of actual and
potential vulnerabilities of the homeland.
(2) To carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the
performance of risk assessments to determine the risks posed
by particular types of terrorist attacks within the United
States (including an assessment of the probability of success
of such attacks and the feasibility and potential efficacy of
various countermeasures to such attacks).
(3) To integrate relevant information, analyses, and
vulnerability assessments (whether such information,
analyses, or assessments are provided or produced by the
Department or others) in order to identify priorities for
protective measures and to support protective measures by the
Department, other agencies of the Federal Government, State
and local government agencies and authorities, the private
sector, and other entities.
(4) To ensure, pursuant to section 202, the timely and
efficient access by the Department to all information
necessary to discharge the responsibilities under this
section, including obtaining such information from other
agencies of the Federal Government agencies, and from State
and local governments and private sector entities (pursuant
to memoranda of understanding or other agreements entered
into for that purpose).
(5) To develop a comprehensive national plan for securing
the key resources and critical infrastructure of the United
States.
(6) To take or seek to effect measures necessary to protect
the key resources and critical infrastructure of the United
States in coordination with other agencies of the Federal
Government and in cooperation with State and local government
agencies and authorities, the private sector, and other
entities.
(7) To administer the Homeland Security Advisory System,
including--
(A) exercising primary responsibility for public threat
advisories; and
(B) in coordination with other agencies of the Federal
Government, providing specific warning information, and
advice about appropriate protective measures and
countermeasures, to State and local government agencies and
authorities, the private sector, other entities, and the
public.
(8) To review, analyze, and make recommendations for
improvements in the policies and procedures governing the
sharing of law enforcement information, intelligence
information, intelligence-related information, and other
information relating to homeland security within the Federal
Government and between the Federal Government and State and
local government agencies and authorities.
(9) To disseminate, as appropriate, information analyzed by
the Department within the Department, to other agencies of
the Federal Government with responsibilities relating to
homeland security, and to agencies of State and local
governments and private
[[Page S9308]]
sector entities with such responsibilities in order to assist
in the deterrence, prevention, preemption of, or response to,
terrorist attacks against the United States.
(10) To consult with the Director of Central Intelligence
and other appropriate intelligence, law enforcement, or other
elements of the Federal Government to establish collection
priorities and strategies for information, including law
enforcement-related information, relating to threats of
terrorism against the United States through such means as the
representation of the Department in discussions regarding
requirements and priorities in the collection of such
information.
(11) To consult with State and local governments and
private sector entities to ensure appropriate exchanges of
information, including law enforcement-related information,
relating to threats of terrorism against the United States.
(12) To ensure that--
(A) any material received pursuant to this section is
protected from unauthorized disclosure and handled and used
only for the performance of official duties; and
(B) any intelligence information shared under this section
is transmitted, retained, and disseminated consistent with
the authority of the Director of Central Intelligence to
protect intelligence sources and methods under the National
Security Act of 1947 (50 U.S.C. 401 et seq.) and related
procedures and, as appropriate, similar authorities of the
Attorney General concerning sensitive law enforcement
information.
(13) To request and obtain additional information from
other agencies of the Federal Government, State and local
government agencies, and the private sector relating to
threats of terrorism in the United States, or relating to
other areas of responsibility under section 101, including
the entry into cooperative agreements through the Secretary
to obtain such information.
(14) To establish and utilize, in conjunction with the
chief information officer of the Department, a secure
communications and information technology infrastructure,
including data-mining and other advanced analytical tools, in
order to access, receive, and analyze data and information in
furtherance of the responsibilities under this section, and
to disseminate information acquired and analyzed by the
Department, as appropriate.
(15) To ensure, in conjunction with the chief information
officer of the Department, that any information databases and
analytical tools developed or utilized by the Department--
(A) are compatible with one another and with relevant
information databases of other agencies of the Federal
Government; and
(B) treat information in such databases in a manner that
complies with applicable Federal law on privacy.
(16) To coordinate training and other support to the
elements and personnel of the Department, other agencies of
the Federal Government, and State and local governments that
provide information to the Department, or are consumers of
information provided by the Department, in order to
facilitate the identification and sharing of information
revealed in their ordinary duties and the optimal utilization
of information received from the Department.
(17) To coordinate with elements of the intelligence
community and with Federal, State, and local law enforcement
agencies, and the private sector, as appropriate.
(18) To provide intelligence and information analysis and
support to other elements of the Department.
(19) To perform such other duties relating to such
responsibilities as the Secretary may provide.
(e) Staff.--
(1) In general.--The Secretary shall provide the
Directorate with a staff of analysts having appropriate
expertise and experience to assist the Directorate in
discharging responsibilities under this section.
(2) Private sector analysts.--Analysts under this
subsection may include analysts from the private sector.
(3) Security clearances.--Analysts under this subsection
shall possess security clearances appropriate for their work
under this section.
(f) Detail of Personnel.--
(1) In general.--In order to assist the Directorate in
discharging responsibilities under this section, personnel of
the agencies referred to in paragraph (2) may be detailed to
the Department for the performance of analytic functions and
related duties.
(2) Covered agencies.--The agencies referred to in this
paragraph are as follows:
(A) The Department of State.
(B) The Central Intelligence Agency.
(C) The Federal Bureau of Investigation.
(D) The National Security Agency.
(E) The National Imagery and Mapping Agency.
(F) The Defense Intelligence Agency.
(G) Any other agency of the Federal Government that the
President considers appropriate.
(3) Cooperative agreements.--The Secretary and the head of
the agency concerned may enter into cooperative agreements
for the purpose of detailing personnel under this subsection.
(4) Basis.--The detail of personnel under this subsection
may be on a reimbursable or non-reimbursable basis.
(g) Functions Transferred.--In accordance with title VIII,
there shall be transferred to the Secretary, for assignment
to the Under Secretary for Information Analysis and
Infrastructure Protection under this section, the functions,
personnel, assets, and liabilities of the following:
(1) The National Infrastructure Protection Center of the
Federal Bureau of Investigation (other than the Computer
Investigations and Operations Section), including the
functions of the Attorney General relating thereto.
(2) The National Communications System of the Department of
Defense, including the functions of the Secretary of Defense
relating thereto.
(3) The Critical Infrastructure Assurance Office of the
Department of Commerce, including the functions of the
Secretary of Commerce relating thereto.
(4) The Computer Security Division of the National
Institute of Standards and Technology, including the
functions of the Secretary of Commerce relating thereto.
(5) The National Infrastructure Simulation and Analysis
Center of the Department of Energy and the energy security
and assurance program and activities of the Department,
including the functions of the Secretary of Energy relating
thereto.
(6) The Federal Computer Incident Response Center of the
General Services Administration, including the functions of
the Administrator of General Services relating thereto.
(h) Study of Placement Within Intelligence Community.--Not
later than 90 days after the effective date of this Act, the
President shall submit to the Committee on Governmental
Affairs and the Select Committee on Intelligence of the
Senate and the Committee on Government Reform and the
Permanent Select Committee on Intelligence of the House of
Representatives a report assessing the advisability of the
following:
(1) Placing the elements of the Department concerned with
the analysis of foreign intelligence information within the
intelligence community under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
(2) Placing such elements within the National Foreign
Intelligence Program for budgetary purposes.
SEC. 202. ACCESS TO INFORMATION.
(a) In General.--
(1) Threat and vulnerability information.--Except as
otherwise directed by the President, the Secretary shall have
such access as the Secretary considers necessary to all
information, including reports, assessments, analyses, and
unevaluated intelligence and intelligence-related
information, relating to threats of terrorism against the
United States and to other areas of responsibility described
in section 101 and to all information concerning
infrastructure or other vulnerabilities of the United States
to terrorism, whether or not such information has been
analyzed, that may be collected, possessed, or prepared by
any agency of the Federal Government.
(2) Other information.--The Secretary shall also have
access to other information relating to matters under the
responsibility of the Secretary that may be collected,
possessed, or prepared by an agency of the Federal Government
as the President may further provide.
(b) Manner of Access.--Except as otherwise directed by the
President, with respect to information to which the Secretary
has access pursuant to this section--
(1) the Secretary may obtain such material upon request,
and may enter into cooperative arrangements with other
executive agencies to provide such material or provide
Department officials with access to it on a regular or
routine basis, including requests or arrangements involving
broad categories of material, access to electronic databases,
or both; and
(2) regardless of whether the Secretary has made any
request or entered into any cooperative arrangement pursuant
to paragraph (1), all agencies of the Federal Government
shall promptly provide to the Secretary--
(A) all reports (including information reports containing
intelligence which has not been fully evaluated),
assessments, and analytical information relating to threats
of terrorism against the United States and to other areas of
responsibility under section 101;
(B) all information concerning the vulnerability of the
infrastructure of the United States, or other vulnerabilities
of the United States, to terrorism, whether or not such
information has been analyzed;
(C) all other information relating to significant and
credible threats of terrorism against the United States,
whether or not such information has been analyzed; and
(D) such other information or material as the President may
direct.
(c) Treatment Under Certain Laws.--The Secretary shall be
deemed to be a Federal law enforcement, intelligence,
protective, national defense, immigration, or national
security official, and shall be provided with all information
from law enforcement agencies that is required to be given to
the Director of Central Intelligence, under any provision of
the following:
(1) The USA PATRIOT Act of 2001 (Public Law 107-56).
(2) Section 2517(6) of title 18, United States Code.
(3) Rule 6(e)(3)(C) of the Federal Rules of Criminal
Procedure.
(d) Access to Intelligence and Other Information.--
(1) Access by elements of federal government.--Nothing in
this title shall preclude any element of the intelligence
community (as that term is defined in section
[[Page S9309]]
3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)), or other any element of the Federal Government with
responsibility for analyzing terrorist threat information,
from receiving any intelligence or other information relating
to terrorism.
(2) Sharing of information.--The Secretary, in consultation
with the Director of Central Intelligence, shall work to
ensure that intelligence or other information relating to
terrorism to which the Department has access is appropriately
shared with the elements of the Federal Government referred
to in paragraph (1), as well as with State and local
governments, as appropriate.
SEC. 203. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL
INFORMATION.
(a) Definitions.--In this section:
(1) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section
1016(e) of the USA PATRIOT Act of 2001 (42 U.S.C. 5195(e)).
(2) Furnished voluntarily.--
(A) Definition.--The term ``furnished voluntarily'' means a
submission of a record that--
(i) is made to the Department in the absence of authority
of the Department requiring that record to be submitted; and
(ii) is not submitted or used to satisfy any legal
requirement or obligation or to obtain any grant, permit,
benefit (such as agency forbearance, loans, or reduction or
modifications of agency penalties or rulings), or other
approval from the Government.
(B) Benefit.--In this paragraph, the term ``benefit'' does
not include any warning, alert, or other risk analysis by the
Department.
(b) In General.--Notwithstanding any other provision of
law, a record pertaining to the vulnerability of and threats
to critical infrastructure (such as attacks, response, and
recovery efforts) that is furnished voluntarily to the
Department shall not be made available under section 552 of
title 5, United States Code, if--
(1) the provider would not customarily make the record
available to the public; and
(2) the record is designated and certified by the provider,
in a manner specified by the Department, as confidential and
not customarily made available to the public.
(c) Records Shared With Other Agencies.--
(1) In general.--
(A) Response to request.--An agency in receipt of a record
that was furnished voluntarily to the Department and
subsequently shared with the agency shall, upon receipt of a
request under section 552 of title 5, United States Code, for
the record--
(i) not make the record available; and
(ii) refer the request to the Department for processing and
response in accordance with this section.
(B) Segregable portion of record.--Any reasonably
segregable portion of a record shall be provided to the
person requesting the record after deletion of any portion
which is exempt under this section.
(2) Disclosure of independently furnished records.--
Notwithstanding paragraph (1), nothing in this section shall
prohibit an agency from making available under section 552 of
title 5, United States Code, any record that the agency
receives independently of the Department, regardless of
whether or not the Department has a similar or identical
record.
(d) Withdrawal of Confidential Designation.--The provider
of a record that is furnished voluntarily to the Department
under subsection (b) may at any time withdraw, in a manner
specified by the Department, the confidential designation.
(e) Procedures.--The Secretary shall prescribe procedures
for--
(1) the acknowledgement of receipt of records furnished
voluntarily;
(2) the designation, certification, and marking of records
furnished voluntarily as confidential and not customarily
made available to the public;
(3) the care and storage of records furnished voluntarily;
(4) the protection and maintenance of the confidentiality
of records furnished voluntarily; and
(5) the withdrawal of the confidential designation of
records under subsection (d).
(f) Effect on State and Local Law.--Nothing in this section
shall be construed as preempting or otherwise modifying State
or local law concerning the disclosure of any information
that a State or local government receives independently of
the Department.
(g) Report.--
(1) Requirement.--Not later than 18 months after the date
of enactment of this Act, the Comptroller General of the
United States shall submit to the committees of Congress
specified in paragraph (2) a report on the implementation and
use of this section, including--
(A) the number of persons in the private sector, and the
number of State and local agencies, that furnished
voluntarily records to the Department under this section;
(B) the number of requests for access to records granted or
denied under this section; and
(C) such recommendations as the Comptroller General
considers appropriate regarding improvements in the
collection and analysis of sensitive information held by
persons in the private sector, or by State and local
agencies, relating to vulnerabilities of and threats to
critical infrastructure, including the response to such
vulnerabilities and threats.
(2) Committees of congress.--The committees of Congress
specified in this paragraph are--
(A) the Committees on the Judiciary and Governmental
Affairs of the Senate; and
(B) the Committees on the Judiciary and Government Reform
and Oversight of the House of Representatives.
(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY.
There shall be in the Department a Directorate of Science
and Technology headed by an Under Secretary for Science and
Technology.
SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER
SECRETARY FOR SCIENCE AND TECHNOLOGY.
In assisting the Secretary with the responsibility
specified in section 101(b)(2)(B), the primary
responsibilities of the Under Secretary for Science and
Technology shall include--
(1) advising the Secretary regarding research and
development efforts and priorities in support of the
Department's missions;
(2) supporting all elements of the Department in research,
development, testing, evaluation and deployment of science
and technology that is applicable in the detection of,
prevention of, protection against, response to, attribution
of, and recovery from homeland security threats, particularly
acts of terrorism;
(3) to support the Under Secretary for Information Analysis
and Infrastructure Protection, by assessing and testing
homeland security vulnerabilities and possible threats;
(4) conducting a national scientific research and
development program to support the mission of the Department,
including developing national policy for and coordinating the
Federal Government's civilian efforts to identify, devise,
and implement scientific, technological, and other
countermeasures to chemical, biological, radiological,
nuclear, and other emerging terrorist threats, including
directing, funding and conducting research and development
relating to the same;
(5) establishing priorities for, directing, funding, and
conducting national research, development, test and
evaluation, and procurement of technology and systems--
(A) for preventing the importation of chemical, biological,
radiological, nuclear, and related weapons and material; and
(B) for detecting, preventing, protecting against, and
responding to terrorist attacks;
(6) establishing a system for transferring homeland
security developments or technologies to federal, state,
local government, and private sector entities;
(7) entering into joint sponsorship agreements with the
Department of Energy regarding the use of the national
laboratories or sites and support of the science and
technology base at those facilities;
(8) collaborating with the Secretary of Agriculture in
determining the biological agents and toxins that shall be
included on the list of biological agents and toxins required
under section 212(a) of the Agricultural Bioterrorism
Protection Act of 2002 (7 U.S.C. 8401);
(9) collaborating with the Secretary of Health and Human
Services in determining the biological agents and toxins that
shall be listed as ``select agents'' in Appendix A of part 72
of title 42, Code of Federal Regulations, pursuant to section
351A of the Public Health Service Act (42 U.S.C. 262a); and
(10) supporting United States leadership in science and
technology.
SEC. 303. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and
liabilities of the following entities:
(1) The following programs and activities of the Department
of Energy, including the functions of the Secretary of Energy
relating thereto (but not including programs and activities
relating to the strategic nuclear defense posture of the
United States):
(A) The chemical and biological national security and
supporting programs and activities of the nonproliferation
and verification research and development program.
(B) The nuclear smuggling programs and activities within
the proliferation detection program of the nonproliferation
and verification research and development program. The
programs and activities described in this subparagraph may be
designated by the President either for transfer to the
Department or for joint operation by the Secretary and the
Secretary of Energy.
(C) The nuclear assessment program and activities of the
assessment, detection, and cooperation program of the
international materials protection and cooperation program.
(D) Such life sciences activities of the biological and
environmental research program related to microbial pathogens
as may be designated by the President for transfer to the
Department.
(E) The Environmental Measurements Laboratory.
(F) The advanced scientific computing research program and
activities at Lawrence Livermore National Laboratory.
(2) The National Bio-Weapons Defense Analysis Center of the
Department of Defense, including the functions of the
Secretary of Defense related thereto.
[[Page S9310]]
(3) The Plum Island Animal Disease Center of the Department
of Agriculture, including the functions of the Secretary of
Agriculture relating thereto, as provided in section 310.
(4)(A) Except as provided in subparagraph (B)--
(i) the functions of the Select Agent Registration Program
of the Department of Health and Human Services, including all
functions of the Secretary of Health and Human Services under
title II of the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002 (Public Law 107-188);
and
(ii) the functions of the Department of Agriculture under
the Agricultural Bioterrorism Protection Act of 2002 (7
U.S.C. 8401 et seq.).
(B)(i) The Secretary shall collaborate with the Secretary
of Health and Human Services in determining the biological
agents and toxins that shall be listed as ``select agents''
in Appendix A of part 72 of title 42, Code of Federal
Regulations, pursuant to section 351A of the Public Health
Service Act (42 U.S.C. 262a).
(ii) The Secretary shall collaborate with the Secretary of
Agriculture in determining the biological agents and toxins
that shall be included on the list of biological agents and
toxins required under section 212(a) of the Agricultural
Bioterrorism Protection Act of 2002 (7 U.S.C. 8401).
(C) In promulgating regulations pursuant to the functions
described in subparagraph (A), the Secretary shall act in
collaboration with the Secretary of Health and Human Services
and the Secretary of Agriculture.
SEC. 304. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED
ACTIVITIES.
(a) In General.--Except as the President may otherwise
direct, the Secretary shall carry out his civilian human
health-related biological, biomedical, and infectious disease
defense research and development (including vaccine research
and development) responsibilities through the Department of
Health and Human Services (including the Public Health
Service), under agreements with the Secretary of Health and
Human Services, and may transfer funds to him in connection
with such agreements.
(b) Establishment of Program.--With respect to any
responsibilities carried out through the Department of Health
and Human Services under this subsection, the Secretary, in
consultation with the Secretary of Health and Human Services,
shall have the authority to establish the research and
development program, including the setting of priorities.
SEC. 305. RESEARCH IN CONJUNCTION WITH THE DEPARTMENT OF
HEALTH AND HUMAN SERVICES AND OTHER
DEPARTMENTS.
With respect to such other research and development
responsibilities under this title, including health-related
chemical, radiological, and nuclear defense research and
development responsibilities, as the Secretary may elect to
carry out through the Department of Health and Human Services
(including the Public Health Service) (under agreements with
the Secretary of Health and Human Services) or through other
Federal agencies (under agreements with their respective
heads), the Secretary may transfer funds to the Secretary of
Health and Human Services, or to such heads, as the case may
be.
SEC. 306. HOMELAND SECURITY ADVANCED RESEARCH PROJECTS
AGENCY.
(a) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the Acceleration Fund
for Research and Development of Homeland Security
Technologies established under this section.
(2) Homeland security research and development.--The term
``homeland security research and development'' means research
and development of technologies that are applicable in the
detection of, prevention of, protection against, response to,
attribution of, and recovery from homeland security threats,
particularly acts of terrorism.
(3) HSARPA.--The term ``HSARPA'' means the Homeland
Security Advanced Research Projects Agency established under
this section.
(4) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Science and Technology or the
designee of that Under Secretary.
(b) Purposes.--The purposes of this section are to--
(1) establish the Homeland Security Advanced Research
Projects Agency to prioritize and fund homeland security
research and development using the acceleration fund; and
(2) establish a fund to leverage existing research and
development and accelerate the deployment of technology that
will serve to enhance homeland defense.
(c) Fund.--
(1) Establishment.--There is established the Acceleration
Fund for Research and Development of Homeland Security
Technologies.
(2) Use of fund.--The Fund may be used to--
(A) accelerate research, development, testing and
evaluation, and deployment of critical homeland security
technologies; and
(B) support homeland security research and development.
(3) Authorization of appropriations.--There are authorized
to be appropriated $500,000,000 to the Fund for fiscal year
2003, and such sums as may be necessary in subsequent years.
(4) Transition of Funds.--With respect to such research,
development, testing, and evaluation responsibilities under
this section as the Secretary may elect to carry out through
agencies other than the Department (under agreements with
their respective heads), the Secretary may transfer funds to
such heads. Of the funds authorized to be appropriated under
paragraph (3) for the Fund, not less than 10 percent of such
funds for each fiscal year through fiscal year 2005 shall be
authorized only for the Under Secretary, through joint
agreement with the Commandant of the Coast Guard, to carry
out research and development of improved ports, waterways,
and coastal security surveillance and perimeter protection
capabilities for the purpose of minimizing the possibility
that Coast Guard cutters, aircraft, helicopters, and
personnel will be diverted from non-homeland security
missions to the ports, waterways, and coastal security
mission.
(d) Responsibilities of the Homeland Security Advanced
Research Projects Agency.--The Homeland Security Advance
Research Project Agency shall have the following
responsibilities:
(1) To facilitate effective communication among
departments, agencies, and other entities of the Federal
Government, with respect to the conduct of research and
development related to homeland security.
(2) To identify, by consensus and on a yearly basis,
specific technology areas for which the Fund shall be used to
rapidly transition homeland security research and development
into deployed technology and reduce identified homeland
security vulnerabilities. The identified technology areas
shall, as determined by the Homeland Security Advanced
Research Projects Agency, be areas in which there exist
research and development projects that address identified
homeland security vulnerabilities and can be accelerated to
the stage of prototyping, evaluating, transitioning, or
deploying.
(3) To administer the Fund, including--
(A) issuing an annual multiagency program announcement
soliciting proposals from government entities, federally
funded research and development centers, industry, and
academia;
(B) competitively selecting, on the basis of a merit-based
review, proposals that advance the state of deployed
technologies in the areas identified for that year;
(C) at the discretion of the HSARPA, assigning 1 or more
program managers to oversee, administer, and execute a Fund
project as the agent of HSARPA; and
(D) providing methods of funding, including grants,
cooperative agreements, joint sponsorship agreements, or any
other transaction.
(4) With respect to expenditures from the Fund, exercise
acquisition authority consistent with the authority described
under section 2371 of title 10, United States Code, relating
to authorizing cooperative agreements and other transactions.
(5) In hiring personnel to assist in the administration of
the HSARPA, have the authority to exercise the personnel
hiring and management authorities described in section 1101
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (5 U.S.C. 3104 note; Public Law 105-261)
with the stipulation that the Secretary shall exercise such
authority for a period of 7 years commencing on the date of
enactment of this Act, that a maximum of 100 persons may be
hired under such authority, and that the term of appointments
for employees under subsection (c)(1) of that section may not
exceed 5 years before the granting of any extension under
subsection (c)(2) of that section.
(6) Develop and oversee the implementation of periodic
homeland security technology demonstrations, held at least
annually, for the purpose of improving contact between
technology developers, vendors, and acquisition personnel
associated with related industries.
SEC. 307. MISCELLANEOUS AUTHORITIES RELATING TO NATIONAL
LABORATORIES.
(a) In General.--The limitation of the number of employees
of the Department of Energy national laboratories assigned to
Washington, D.C. shall not apply to those employees who, at
the request of the Secretary, are assigned, on a temporary
basis, to assist in the establishment of the Department.
(b) Direct Tasking.--Notwithstanding any other law
governing the administration, mission, use, or operations of
any of the Department of Energy national laboratories and
sites, such laboratories and sites are authorized to accept
direct tasking from the Secretary or his designee, consistent
with resources provided, and perform such tasking on an equal
basis to other missions at the laboratory and not on a
noninterference basis with other missions of such laboratory
or site.
SEC. 308. HOMELAND SECURITY INSTITUTE.
Within the Directorate of Science and Technology there
shall be established a Homeland Security Institute as a
separate federally funded research and development center
under the direction of the Under Secretary to perform policy
and systems analysis, assist in the definition of standards
and metrics, assist agencies with evaluating technologies for
deployment, proposing risk management strategies based on
technology developments, and performing other appropriate
research and analysis to improve policy and decisionmaking as
it relates to the mission of the Department. The Homeland
Security Institute shall utilize the capabilities of the
National Infrastructure Simulation and Analysis Center.
[[Page S9311]]
SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL
LABORATORIES AND SITES IN SUPPORT OF HOMELAND
SECURITY ACTIVITIES.
(a) Office for National Laboratories.--There is established
within the Directorate of Science and Technology an Office
for National Laboratories, which shall be responsible for the
coordination and utilization of the Department of Energy
national laboratories and sites in a manner to create a
networked laboratory system for the purpose of supporting the
missions of the Department.
(b) Joint Sponsorship.--The Department may be a joint
sponsor, under a multiple agency sponsorship arrangement with
the Department of Energy, of 1 or more Department of Energy
national laboratories in the performance of work.
(c) Arrangements.--The Department may be a joint sponsor of
a Department of Energy site in the performance of work as if
such site were a federally funded research and development
center and the work were performed under a multiple agency
sponsorship arrangement with the Department.
(d) Primary Sponsor.--The Department of Energy shall be the
primary sponsor under a multiple agency sponsorship
arrangement entered into under subsection (a) or (b).
(e) Lead Agent.--
(1) In general.--The Secretary of Energy shall act as the
lead agent in coordinating the formation and performance of a
joint sponsorship agreement between the Department and a
Department of Energy national laboratory or site for work on
homeland security.
(2) Federal acquisition regulation.--Any work performed by
a national laboratory or site under this section shall comply
with the policy on the use of federally funded research and
development centers under section 35.017(a) (4) of the
Federal Acquisition Regulation.
(f) Funding.--The Department shall provide funds for work
at the Department of Energy national laboratories or sites,
as the case may be, under this section under the same terms
and conditions as apply to the primary sponsor of such
national laboratory under section 303(b)(1)(C) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253 (b)(1)(C)) or of such site to the extent such section
applies to such site as a federally funded research and
development center by reason of subsection (b).
(g) Authorities of Secretary and Under Secretary.--In
connection with work involving the Department of Energy
national laboratories or sites, the Secretary or Under
Secretary for Science and Technology--
(1) may enter into joint sponsorship agreements with
Department of Energy national laboratories or sites;
(2) may directly fund, task, and manage work at the
Department of Energy national laboratories and sites; and
(3) may permit the director of any Department of Energy
national laboratory or site to enter into cooperative
research and development agreements or to negotiate licensing
agreements with any person, any agency or instrumentality, of
the United States, any unit of State or local government, and
any other entity under the authority granted by section 12 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a). Technology may be transferred to a non-Federal
party to such an agreement consistent with the provisions of
sections 11 and 12 of such Act (15 U.S.C. 3710, 3710a).
SEC. 310. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER,
DEPARTMENT OF AGRICULTURE.
(a) In General.--In accordance with title VIII, the
Secretary of Agriculture shall transfer to the Secretary of
Homeland Security the Plum Island Animal Disease Center of
the Department of Agriculture, including the assets and
liabilities of the Center.
(b) Continued Department of Agriculture Access.--On
completion of the transfer of the Plum Island Animal Disease
Center under subsection (a), the Secretary of Homeland
Security and the Secretary of Agriculture shall enter into an
agreement to ensure that the Department of Agriculture is
able to carry out research, diagnostic, and other activities
of the Department of Agriculture at the Center.
(c) Direction of Activities.--The Secretary of Agriculture
shall continue to direct the research, diagnostic, and other
activities of the Department of Agriculture at the Center
described in subsection (b).
(d) Notification.--
(1) In general.--At least 180 days before any change in the
biosafety level at the Plum Island Animal Disease Center, the
President shall notify Congress of the change and describe
the reasons for the change.
(2) Limitation.--No change described in paragraph (1) may
be made earlier than 180 days after the completion of the
transition period (as defined in section 801(2)).
SEC. 311. CLEARINGHOUSE.
(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall provide for a
clearinghouse as a central, national point of entry for
individuals or companies seeking guidance on how to pursue
proposals to develop or deploy products that would contribute
to homeland security. Such clearinghouse shall refer those
seeking guidance on Federal funding, regulation, acquisition,
or other matters to the appropriate unit of the Department or
to other appropriate Federal agencies.
(b) Screenings and Assessments.--The Under Secretary for
Science and Technology shall work in conjunction with the
Technical Support Working Group (organized under the April
1982, National Security Decision Directive Numbered 30) to--
(1) screen proposals described in subsection (a), as
appropriate;
(2) assess the feasibility, scientific and technical
merits, and estimated cost of proposals screened under
paragraph (1), as appropriate; and
(3) identify areas where existing technologies may be
easily adapted and deployed to meet the homeland security
agenda of the Federal Government.
TITLE IV--BORDER AND TRANSPORTATION SECURITY
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION
SECURITY.
There shall be in the Department a Directorate for Border
and Transportation Security headed by an Under Secretary for
Border and Transportation Security.
SEC. 402. RESPONSIBILITIES.
In assisting the Secretary with the responsibilities
specified in section 101(b)(2)(C), the primary
responsibilities of the Under Secretary for Border and
Transportation Security shall include--
(1) preventing the entry of terrorists and the instruments
of terrorism into the United States;
(2) securing the borders, territorial waters, ports,
terminals, waterways, and air, land, and sea transportation
systems of the United States, including managing and
coordinating governmental activities at ports of entry;
(3) administering the immigration and naturalization laws
of the United States, including the establishment of rules,
in accordance with section 406, governing the granting of
visas or other forms of permission, including parole, to
enter the United States to individuals who are not citizens
or lawful permanent residents thereof;
(4) administering the customs laws of the United States;
(5) in carrying out the foregoing responsibilities,
ensuring the speedy, orderly, and efficient flow of lawful
traffic and commerce;
(6) carrying out the border patrol function; and
(7) administering and enforcing the functions of the
Department under the immigration laws of the United States
with respect to the inspection of aliens arriving at ports of
entry of the United States.
SEC. 403. FUNCTIONS TRANSFERRED.
(a) In General.--In accordance with title VIII, there shall
be transferred to the Secretary the functions, personnel,
assets, and liabilities of--
(1) the United States Customs Service of the Department of
the Treasury, including the functions of the Secretary of the
Treasury relating thereto;
(2) the Transportation Security Administration of the
Department of Transportation, including the functions of the
Secretary of Transportation, and of the Under Secretary of
Transportation for Security, relating thereto;
(3) the Federal Protective Service of the General Services
Administration, including the functions of the Administrator
of General Services relating thereto; and
(4) the Federal Law Enforcement Training Center of the
Department of the Treasury.
(b) Exercise of Customs Revenue Authorities.--
(1) In general.--
(A) Authorities not transferred.--Notwithstanding
subsection (a)(1), authority that was vested in the Secretary
of the Treasury by law to issue regulations related to
customs revenue functions before the effective date of this
section under the provisions of law set forth under paragraph
(2) shall not be transferred to the Secretary by reason of
this Act. The Secretary of the Treasury, with the concurrence
of the Secretary, shall exercise this authority. The
Commissioner of Customs is authorized to engage in activities
to develop and support the issuance of the regulations
described in this paragraph. The Secretary shall be
responsible for the implementation and enforcement of
regulations issued under this section.
(B) Report.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the Treasury shall
submit a report to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives of proposed conforming amendments to the
statutes set forth under paragraph (2) in order to determine
the appropriate allocation of legal authorities described
under this subsection. The Secretary of the Treasury shall
also identify those authorities vested in the Secretary of
the Treasury that are exercised by the Commissioner of
Customs on or before the effective date of this section.
(C) Liability.--Neither the Secretary of the Treasury nor
the Department of the Treasury shall be liable for or named
in any legal action concerning the implementation and
enforcement of regulations issued under this paragraph after
the effective date of this Act.
(2) Applicable laws.--The provisions of law referred to
under paragraph (1) are those sections of the following
statutes that relate to customs revenue functions:
(A) The Tariff Act of 1930.
(B) Section 249 of the Revised Statutes of the United
States (19 U.S.C. 3).
(C) Section 2 of the Act of March 4, 1923 (19 U.S.C. 6).
[[Page S9312]]
(D) Section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c).
(E) Section 251 of the Revised States of the United States
(19 U.S.C. 66).
(F) Section 1 of the Act of June 26, 1930 (19 U.S.C. 68).
(G) The Foreign Trade Zones Act (19 U.S.C. 81a et seq.).
(H) Section 1 of the Act of March 2, 1911 (19 U.S.C. 198).
(I) The Trade Act of 1974.
(J) The Trade Agreement Act of 1979.
(K) The North American Free Trade Area Implementation Act.
(L) The Uruguay Round Agreements Act.
(M) The Caribbean Basin Economic Recovery Act.
(N) The Andean Growth and Opportunity Act.
(O) Any other provision of law vesting customs revenue
functions in the Secretary of the Treasury.
(3) Definitions of customs revenue functions.--In this
subsection, the term ``customs revenue functions'' means--
(A) assessing, collecting, and refunding duties (including
any special duties), excise taxes, fees, and any liquidated
damages or penalties due on imported merchandise, including
classifying and valuing merchandise and the procedures for
``entry'' as that term is defined in the United States
Customs laws;
(B) administering section 337 of the Tariff Act of 1930 and
provisions relating to import quotas and the marking of
imported merchandise, and providing Customs Recordation for
copyrights, patents, and trademarks;
(C) collecting accurate import data for compilation of
international trade statistics; and
(D) administering reciprocal trade agreements and trade
preference legislation.
SEC. 404. TRANSFER OF CERTAIN AGRICULTURAL INSPECTION
FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE.
(a) Transfer of Agricultural Import and Entry Inspection
Functions.--There shall be transferred to the Secretary the
functions of the Secretary of Agriculture relating to
agricultural import and entry inspection activities under the
laws specified in subsection (b).
(b) Covered Animal and Plant Protection Laws.--The laws
referred to in subsection (a) are the following:
(1) The Act commonly known as the Virus-Serum-Toxin Act
(the eighth paragraph under the heading ``Bureau of Animal
Industry'' in the Act of March 4, 1913; 21 U.S.C. 151 et
seq.).
(2) The first section of the Act of August 31, 1922
(commonly known as the Honeybee Act; 7 U.S.C. 281).
(3) Title III of the Federal Seed Act (7 U.S.C. 1581 et
seq.).
(4) The Plant Protection Act (7 U.S.C. 7701 et seq.).
(5) The Animal Health Protection Act (subtitle E of title X
of Public Law 107-171; 7 U.S.C. 8301 et seq.).
(6) The Lacey Act Amendments of 1981 (16 U.S.C. 3371 et
seq.).
(7) Section 11 of the Endangered Species Act of 1973 (16
U.S.C. 1540).
(c) Exclusion of Quarantine Activities.--For purposes of
this section, the term ``functions'' does not include any
quarantine activities carried out under the laws specified in
subsection (b).
(d) Effect of Transfer.--
(1) Compliance with department of agriculture
regulations.--The authority transferred pursuant to
subsection (a) shall be exercised by the Secretary in
accordance with the regulations, policies, and procedures
issued by the Secretary of Agriculture regarding the
administration of the laws specified in subsection (b).
(2) Rulemaking coordination.--The Secretary of Agriculture
shall coordinate with the Secretary whenever the Secretary of
Agriculture prescribes regulations, policies, or procedures
for administering the laws specified in subsection (b) at the
locations referred to in subsection (a).
(3) Effective administration.--The Secretary, in
consultation with the Secretary of Agriculture, may issue
such directives and guidelines as are necessary to ensure the
effective use of personnel of the Department to carry out the
functions transferred pursuant to subsection (a).
(e) Transfer Agreement.--
(1) Agreement required; revision.--Before the end of the
transition period, as defined in section 801(2), the
Secretary of Agriculture and the Secretary shall enter into
an agreement to effectuate the transfer of functions required
by subsection (a). The Secretary of Agriculture and the
Secretary may jointly revise the agreement as necessary
thereafter.
(2) Required terms.--The agreements required by this
subsection shall provide for the following:
(A) The supervision by the Secretary of Agriculture of the
training of employees of the Department to carry out the
functions transferred pursuant to subsection (a).
(B) The transfer of funds to the Secretary under subsection
(f).
(C) Authority under which the Secretary may perform
functions that are delegated to the Animal and Plant
Inspection Service of the Department of Agriculture regarding
the protection of domestic livestock and plants, but not
transferred to the Secretary pursuant to subsection (a).
(D) Authority under which the Secretary of Agriculture may
use employees of the Department to carry out authorities
delegated to the Animal and Plant Health Inspection Service
regarding the protection of domestic livestock and plants.
(f) Periodic Transfer of Funds to Department of Homeland
Security.--
(1) Transfer of funds.--Subject to paragraph (2), out of
any funds collected as fees under sections 2508 and 2509 of
the Food, Agriculture, Conservation, and Trade Act of 1990
(21 U.S.C. 136, 136a), the Secretary of Agriculture shall
periodically transfer to the Secretary, in accordance with
the agreement under subsection (e), funds for activities
carried out by the Secretary for which the fees were
collected.
(2) Limitation.--The proportion of fees collected under
sections 2508 and 2509 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a)
that are transferred to the Secretary under paragraph (1) may
not exceed the proportion that--
(A) the costs incurred by the Secretary to carry out
activities funded by those fees; bears to
(B) the costs incurred by the Federal Government to carry
out activities funded by those fees.
(g) Transfer of Department of Agriculture Employees.--Not
later than the completion of the transition period (as
defined in section 801(2)), the Secretary of Agriculture
shall transfer to the Department not more than 3,200 full-
time equivalent positions of the Department of Agriculture.
(h) Protection of Inspection Animals.--Title V of the
Agricultural Risk Protection Act of 2002 (7 U.S.C. 2279e,
2279f) is amended--
(1) in section 501(a)--
(A) by inserting ``or the Department of Homeland Security''
after ``Department of Agriculture''; and
(B) by inserting ``or the Secretary of Homeland Security''
after ``Secretary of Agriculture'';
(2) by striking ``Secretary'' each place it appears (other
than in sections 501(a) and 501(e)) and inserting ``Secretary
concerned''; and
(3) by adding at the end of section 501 the following:
``(i) Secretary Concerned Defined.--In this title, the term
`Secretary concerned' means--
``(1) the Secretary of Agriculture, with respect to an
animal used for purposes of official inspections by the
Department of Agriculture; and
``(2) the Secretary of Homeland Security, with respect to
an animal used for purposes of official inspections by the
Department of Homeland Security.''.
(j) Conforming Amendments.--
(1) Section 501 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 2279e) is amended--
(A) in subsection (a)--
(i) by inserting ``or the Department of Homeland Security''
after ``Department of Agriculture''; and
(ii) by inserting ``or the Secretary of Homeland Security''
after ``Secretary of Agriculture''; and
(B) by striking ``Secretary'' each place it appears (other
than in subsections (a) and (e)) and inserting ``Secretary
concerned''.
(2) Section 221 of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (7 U.S.C.
8411) is repealed.
SEC. 405. COORDINATION OF INFORMATION AND INFORMATION
TECHNOLOGY.
(a) Definition of Affected Agency.--In this section, the
term ``affected agency'' means--
(1) the Department;
(2) the Department of Agriculture;
(3) the Department of Health and Human Services; and
(4) any other department or agency determined to be
appropriate by the Secretary.
(b) Coordination.--The Secretary, in coordination with the
Secretary of Agriculture, the Secretary of Health and Human
Services, and the head of each other department or agency
determined to be appropriate by the Secretary, shall ensure
that appropriate information (as determined by the Secretary)
concerning inspections of articles that are imported or
entered into the United States, and are inspected or
regulated by 1 or more affected agencies, is timely and
efficiently exchanged between the affected agencies.
(c) Report and Plan.--Not later than 18 months after the
date of enactment of this Act, the Secretary, in consultation
with the Secretary of Agriculture, the Secretary of Health
and Human Services, and the head of each other department or
agency determined to be appropriate by the Secretary, shall
submit to Congress--
(1) a report on the progress made in implementing this
section; and
(2) a plan to complete implementation of this section.
SEC. 406. VISA ISSUANCE.
(a) Definition.--In this subsection, the term ``consular
office'' has the meaning given that term under section
101(a)(9) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(9)).
(b) In General.--Notwithstanding section 104(a) of the
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any
other provision of law, and except as provided in subsection
(c) of this section, the Secretary--
(1) shall be vested exclusively with all authorities to
issue regulations with respect to, administer, and enforce
the provisions of
[[Page S9313]]
such Act, and of all other immigration and nationality laws,
relating to the functions of consular officers of the United
States in connection with the granting or refusal of visas
which authorities shall be exercised through the Secretary of
State, except that the Secretary shall not have authority to
alter or reverse the decision of a consular officer to refuse
a visa to an alien;
(2) may delegate in whole or part the authority under
subparagraph (A) to the Secretary of State; and
(3) shall have authority to confer or impose upon any
officer or employee of the United States, with the consent of
the head of the executive agency under whose jurisdiction
such officer or employee is serving, any of the functions
specified in paragraph (1).
(c) Authority of the Secretary of State.--
(1) In general.--Notwithstanding subsection (b), the
Secretary of State may direct a consular officer to refuse a
visa to an alien if the Secretary of State deems such refusal
necessary or advisable in the foreign policy or security
interests of the United States.
(2) Construction regarding authority.--Nothing in this
section shall be construed as affecting the authorities of
the Secretary of State under the following provisions of law:
(A) Section 101(a)(15)(A) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(A)).
(B) Section 204(d)(2) of the Immigration and Nationality
Act (8 U.S.C. 1154) (as it will take effect upon the entry
into force of the Convention on Protection of Children and
Cooperation in Respect to Inter-Country adoption).
(C) Section 212(a)(3)(B)(i)(IV)(bb) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(IV)(bb)).
(D) Section 212(a)(3)(B)(i)(VI) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(VI)).
(E) Section 212(a)(3)(B)(vi)(II) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(II)).
(F) Section 212(a)(3(C) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(C)).
(G) Section 212(a)(10)(C) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(10)(C)).
(H) Section 212(f) of the Immigration and Nationality Act
(8 U.S.C. 1182(f)).
(I) Section 219(a) of the Immigration and Nationality Act
(8 U.S.C. 1189(a)).
(J) Section 237(a)(4)(C) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(4)(C)).
(K) Section 401 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6034; Public Law
104-114).
(L) Section 613 of the Departments of Commerce, Justice,
and State, the Judiciary and Related Agencies Appropriations
Act, 1999 (as contained in section 101(b) of division A of
Public Law 105-277) (Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999); 112 Stat. 2681; H.R.
4328 (originally H.R. 4276) as amended by section 617 of
Public Law 106-553.
(M) Section 103(f) of the Chemical Weapon Convention
Implementation Act of 1998 (112 Stat. 2681-865).
(N) Section 801 of H.R. 3427, the Admiral James W. Nance
and Meg Donovan Foreign Relations Authorization Act, Fiscal
Years 2000 and 2001, as enacted by reference in Public Law
106-113.
(O) Section 568 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002
(Public Law 107-115).
(P) Section 51 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2723).
(d) Consular Officers and Chiefs of Missions.--
(1) In general.--Nothing in this subsection may be
construed to alter or affect--
(A) the employment status of consular officers as employees
of the Department of State; or
(B) the authority of a chief of mission under section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927).
(2) Construction regarding delegation of authority.--
Nothing in this section shall be construed to affect any
delegation of authority to the Secretary of State by the
President pursuant to any proclamation issued under section
212(f) of the Immigration and Nationality Act (8 U.S.C.
1182(f)).
(e) Assignment of Homeland Security Employees to Diplomatic
and Consular Posts.--
(1) In general.--The Secretary is authorized to assign
employees of the Department to each diplomatic and consular
post at which visas are issued, unless the Secretary
determines that such an assignment at a particular post would
not promote homeland security.
(2) Functions.--Employees assigned under paragraph (1)
shall perform the following functions:
(i) Provide expert advice to consular officers regarding
specific security threats relating to the adjudication of
individual visa applications or classes of applications.
(ii) Review any such applications, either on the initiative
of the employee of the Department or upon request by a
consular officer or other person charged with adjudicating
such applications.
(iii) Conduct investigations with respect to consular
matters under the jurisdiction of the Secretary.
(3) Evaluation of consular officers.--The Secretary of
State shall evaluate, in consultation with the Secretary, as
deemed appropriate by the Secretary, the performance of
consular officers with respect to the processing and
adjudication of applications for visas in accordance with
performance standards developed by the Secretary for these
procedures.
(4) Report.--The Secretary shall, on an annual basis,
submit a report to Congress that describes the basis for each
determination under paragraph (1) that the assignment of an
employee of the Department at a particular diplomatic post
would not promote homeland security.
(5) Permanent assignment; participation in terrorist
lookout committee.--When appropriate, employees of the
Department assigned to perform functions described in
paragraph (2) may be assigned permanently to overseas
diplomatic or consular posts with country-specific or
regional responsibility. If the Secretary so directs, any
such employee, when present at an overseas post, shall
participate in the terrorist lookout committee established
under section 304 of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (8 U.S.C. 1733).
(6) Training and hiring.--
(A) In general.--The Secretary shall ensure, to the extent
possible, that any employees of the Department assigned to
perform functions under paragraph (2) and, as appropriate,
consular officers, shall be provided the necessary training
to enable them to carry out such functions, including
training in foreign languages, in conditions in the
particular country where each employee is assigned, and in
other appropriate areas of study.
(B) Use of center.--The Secretary is authorized to use the
National Foreign Affairs Training Center, on a reimbursable
basis, to obtain the training described in subparagraph (A).
(7) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of
State shall submit to Congress--
(A) a report on the implementation of this subsection; and
(B) any legislative proposals necessary to further the
objectives of this subsection.
(8) Effective date.--This subsection shall take effect on
the earlier of--
(A) the date on which the President publishes notice in the
Federal Register that the President has submitted a report to
Congress setting forth a memorandum of understanding between
the Secretary and the Secretary of State governing the
implementation of this section; or
(B) the date occurring 1 year after the date of enactment
of this Act.
(f) No Creation of Private Right of Action.--Nothing in
this section shall be construed to create or authorize a
private right of action to challenge a decision of a consular
officer or other United States official or employee to grant
or deny a visa.
SEC. 407. BORDER SECURITY AND IMMIGRATION WORKING GROUP.
(a) Establishment.--The Secretary shall establish a border
security and immigration working group (in this section
referred to as the ``Working Group''), composed of the
Secretary or the designee of the Secretary, the Under
Secretary for Immigration Affairs, and the Under Secretary
for Border and Transportation protection.
(b) Functions.--The Working Group shall meet not less
frequently than once every 3 months and shall--
(1) with respect to border security functions, develop
coordinated budget requests, allocations of appropriations,
staffing requirements, communication, use of equipment,
transportation, facilities, and other infrastructure;
(2) coordinate joint and cross-training programs for
personnel performing border security functions;
(3) monitor, evaluate and make improvements in the coverage
and geographic distributions of border security programs and
personnel;
(4) develop and implement policies and technologies to
ensure the speedy, orderly, and efficient flow of lawful
traffic, travel and commerce, and enhanced security for high-
risk traffic, travel, and commerce;
(5) identify systemic problems in coordination encountered
by border security agencies and programs and propose
administrative, regulatory, or statutory changes to mitigate
such problems; and
(6) coordinate the enforcement of all immigration laws.
(c) Relevant Agencies.--The Secretary shall consult with
representatives of relevant agencies with respect to
deliberations under subsection (b), and may include
representative of such agencies in working group
deliberations, as appropriate.
SEC. 408. INFORMATION ON VISA DENIALS REQUIRED TO BE ENTERED
INTO ELECTRONIC DATA SYSTEM.
(a) In General.--Whenever a consular officer of the United
States denies a visa to an applicant, the consular officer
shall enter the fact and the basis of the denial and the name
of the applicant into the interoperable electronic data
system implemented under section 202(a) of the Enhanced
Border Security and Visa Entry Reform Act of 2002 (8 U.S.C.
1722(a)).
(b) Prohibition.--In the case of any alien with respect to
whom a visa has been denied under subsection (a)--
(1) no subsequent visa may be issued to the alien unless
the consular officer considering the alien's visa application
has reviewed the information concerning the alien placed in
the interoperable electronic data system, has indicated on
the alien's application that the
[[Page S9314]]
information has been reviewed, and has stated for the record
why the visa is being issued or a waiver of visa
ineligibility recommended in spite of that information; and
(2) the alien may not be admitted to the United States
without a visa issued in accordance with the procedures
described in paragraph (1).
SEC. 409. STUDY ON USE OF FOREIGN NATIONAL PERSONNEL IN VISA
PROCESSING.
The Secretary shall conduct a study on the use of foreign
national personnel in visa processing to determine whether
such uses are consistent with secure visa processing. The
study shall review and make recommendations with respect to--
(1) the effects or possible effects on national security of
the use of foreign national personnel in individual countries
to perform data entry, process visas or visa applications, or
in any way handle visas or visa application documents; and
(2) each United States mission abroad to determine whether
United States consular services performed at the United
States mission require different regulations on the use of
foreign national personnel.
TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE
SEC. 501. UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND
RESPONSE.
There shall be in the Department a Directorate of Emergency
Preparedness and Response headed by an Under Secretary for
Emergency Preparedness and Response.
SEC. 502. RESPONSIBILITIES.
In assisting the Secretary with the responsibilities
specified in section 101(b)(2)(D), the primary
responsibilities of the Under Secretary for Emergency
Preparedness and Response shall include--
(1) helping to ensure the preparedness of emergency
response providers for terrorist attacks, major disasters,
and other emergencies;
(2) with respect to the Nuclear Incident Response Team
(regardless of whether it is operating as an organizational
unit of the Department pursuant to this title)--
(A) establishing standards and certifying when those
standards have been met;
(B) conducting joint and other exercises and training and
evaluating performance; and
(C) providing funds to the Department of Energy and the
Environmental Protection Agency, as appropriate, for homeland
security planning, exercises and training, and equipment;
(3) providing the Federal Government's response to
terrorist attacks and major disasters, including--
(A) managing such response;
(B) directing the Domestic Emergency Support Team, the
Strategic National Stockpile, the National Disaster Medical
System, and (when operating as an organizational unit of the
Department pursuant to this title) the Nuclear Incident
Response Team;
(C) overseeing the Metropolitan Medical Response System;
and
(D) coordinating other Federal response resources in the
event of a terrorist attack or major disaster;
(4) aiding the recovery from terrorist attacks and major
disasters;
(5) building a comprehensive national incident management
system with Federal, State, and local government personnel,
agencies, and authorities, to respond to such attacks and
disasters;
(6) consolidating existing Federal Government emergency
response plans into a single, coordinated national response
plan; and
(7) developing comprehensive programs for developing
interoperative communications technology, and helping to
ensure that emergency response providers acquire such
technology.
SEC. 503. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and
liabilities of the following entities:
(1) The Federal Emergency Management Agency, including the
functions of the Director of the Federal Emergency Management
Agency relating thereto.
(2) The Office for Domestic Preparedness of the Office of
Justice Programs, including the functions of the Attorney
General relating thereto.
(3) The National Domestic Preparedness Office of the
Federal Bureau of Investigation, including the functions of
the Attorney General relating thereto.
(4) The Domestic Emergency Support Teams of the Department
of Justice, including the functions of the Attorney General
relating thereto.
(5) The Office of the Assistant Secretary for Public Health
Emergency Preparedness (including the Office of Emergency
Preparedness, the National Disaster Medical System, and the
Metropolitan Medical Response System) of the Department of
Health and Human Services, including the functions of the
Secretary of Health and Human Services relating thereto.
(6) The Strategic National Stockpile of the Department of
Health and Human Services, including the functions of the
Secretary of Health and Human Services relating thereto.
SEC. 504. NUCLEAR INCIDENT RESPONSE.
(a) In General.--At the direction of the Secretary (in
connection with an actual or threatened terrorist attack,
major disaster, or other emergency), the Nuclear Incident
Response Team shall operate as an organizational unit of the
Department. While so operating, the Nuclear Incident Response
Team shall be subject to the direction, authority, and
control of the Secretary.
(b) Rule of Construction.--Nothing in this title shall be
construed to limit the ordinary responsibility of the
Secretary of Energy and the Administrator of the
Environmental Protection Agency for organizing, training,
equipping, and utilizing their respective entities in the
Nuclear Incident Response Team, or (subject to the provisions
of this title) from exercising direction, authority, and
control over them when they are not operating as a unit of
the Department.
SEC. 505. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED
ACTIVITIES.
(a) In General.--With respect to all public health-related
activities to improve State, local, and hospital preparedness
and response to chemical, biological, radiological, and
nuclear and other emerging terrorist threats carried out by
the Department of Health and Human Services (including the
Public Health Service), the Secretary of Health and Human
Services shall set priorities and preparedness goals and
further develop a coordinated strategy for such activities in
collaboration with the Secretary.
(b) Evaluation of Progress.--In carrying out subsection
(a), the Secretary of Health and Human Services shall
collaborate with the Secretary in developing specific
benchmarks and outcome measurements for evaluating progress
toward achieving the priorities and goals described in such
subsection.
SEC. 506. DEFINITION.
In this title, the term ``Nuclear Incident Response Team''
means a resource that includes--
(1) those entities of the Department of Energy that perform
nuclear or radiological emergency support functions
(including accident response, search response, advisory, and
technical operations functions), radiation exposure functions
at the medical assistance facility known as the Radiation
Emergency Assistance Center/Training Site (REAC/TS),
radiological assistance functions, and related functions; and
(2) those entities of the Environmental Protection Agency
that perform such support functions (including radiological
emergency response functions) and related functions.
TITLE VI--MANAGEMENT
SEC. 601. UNDER SECRETARY FOR MANAGEMENT.
There shall be in the Department a Directorate for
Management, headed by an Under Secretary for Management.
SEC. 602. RESPONSIBILITIES.
In assisting the Secretary with the management and
administration of the Department, the primary
responsibilities of the Under Secretary for Management shall
include, for the Department--
(1) the budget, appropriations, expenditures of funds,
accounting, and finance;
(2) procurement;
(3) human resources and personnel;
(4) information technology and communications systems;
(5) facilities, property, equipment, and other material
resources;
(6) security for personnel, information technology and
communications systems, facilities, property, equipment, and
other material resources; and
(7) identification and tracking of performance measures
relating to the responsibilities of the Department.
SEC. 603. CHIEF FINANCIAL OFFICER.
The Chief Financial Officer shall report to the Secretary,
or to another official of the Department, as the Secretary
may direct.
SEC. 604. CHIEF INFORMATION OFFICER.
The Chief Information Officer shall report to the
Secretary, or to another official of the Department, as the
Secretary may direct.
SEC. 605. CHIEF HUMAN CAPITAL OFFICER.
The Chief Human Capital Officer shall report to the
Secretary, or to another official of the Department, as the
Secretary may direct and shall ensure that all employees of
the Department are informed of their rights and remedies
under chapters 12 and 23 of title 5, United States Code, by--
(1) participating in the 2302(c) Certification Program of
the Office of Special Counsel;
(2) achieving certification from the Office of Special
Counsel of the Department's compliance with section 2302(c)
of title 5, United States Code; and
(3) informing Congress of such certification not later than
24 months after the date of enactment of this Act.
TITLE VII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
Subtitle A--Coordination with Non-Federal Entities
SEC. 701. RESPONSIBILITIES.
In discharging his responsibilities relating to
coordination (including the provision of training and
equipment) with State and local government personnel,
agencies, and authorities, with the private sector, and with
other entities, the responsibilities of the Secretary shall
include--
(1) coordinating with State and local government personnel,
agencies, and authorities, and with the private sector, to
ensure adequate planning, equipment, training, and exercise
activities;
(2) coordinating and, as appropriate, consolidating the
Federal Government's communications and systems of
communications
[[Page S9315]]
relating to homeland security with State and local government
personnel, agencies, and authorities, the private sector,
other entities, and the public;
(3) directing and supervising grant programs of the Federal
Government for State and local government emergency response
providers; and
(4) distributing or, as appropriate, coordinating the
distribution of, warnings and information to State and local
government personnel, agencies, and authorities and to the
public.
Subtitle B--Inspector General
SEC. 710. AUTHORITY OF THE SECRETARY.
(a) In General.--Notwithstanding the last two sentences of
section 3(a) of the Inspector General Act of 1978, the
Inspector General shall be under the authority, direction,
and control of the Secretary with respect to audits or
investigations, or the issuance of subpoenas, that require
access to information concerning--
(1) intelligence, counterintelligence, or counterterrorism
matters;
(2) ongoing criminal investigations or proceedings;
(3) undercover operations;
(4) the identity of confidential sources, including
protected witnesses;
(5) other matters the disclosure of which would, in the
Secretary's judgment, constitute a serious threat to the
protection of any person or property authorized protection by
section 3056 of title 18, United States Code, section 202 of
title 3 of such Code, or any provision of the Presidential
Protection Assistance Act of 1976; or
(6) other matters the disclosure of which would, in the
Secretary's judgment, constitute a serious threat to national
security.
(b) Prohibition of Completion of Audit or Investigation.--
With respect to the information described in subsection (a),
the Secretary may prohibit the Inspector General from
carrying out or completing any audit or investigation, or
from issuing any subpoena, after such Inspector General has
decided to initiate, carry out, or complete such audit or
investigation or to issue such subpoena, if the Secretary
determines that such prohibition is necessary to prevent the
disclosure of any information described in subsection (a), to
preserve the national security, or to prevent a significant
impairment to the interests of the United States.
(c) Notification.--The Secretary shall notify in writing
the President of the Senate, the Speaker of the House of
Representatives, the Committee on Governmental Affairs of the
Senate, the Committee on Government Reform of the House of
Representatives, and other appropriate committees of Congress
within thirty days of any exercise of his authority under
this section stating the reasons for such exercise.
SEC. 711. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS.
(a) In General.--Section 6 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by adding at the end the
following:
``(e)(1) In addition to the authority otherwise provided by
this Act, each Inspector General appointed under section 3,
any Assistant Inspector General for Investigations under such
an Inspector General, and any special agent supervised by
such an Assistant Inspector General may be authorized by the
Attorney General to--
``(A) carry a firearm while engaged in official duties as
authorized under this Act or other statute, or as expressly
authorized by the Attorney General;
``(B) make an arrest without a warrant while engaged in
official duties as authorized under this Act or other
statute, or as expressly authorized by the Attorney General,
for any offense against the United States committed in the
presence of such Inspector General, Assistant Inspector
General, or agent, or for any felony cognizable under the
laws of the United States if such Inspector General,
Assistant Inspector General, or agent has reasonable grounds
to believe that the person to be arrested has committed or is
committing such felony; and
``(C) seek and execute warrants for arrest, search of a
premises, or seizures of evidence issued under the authority
of the United States upon probable cause to believe that a
violation has been committed.
``(2) The Attorney General may authorize exercise of the
powers under this subsection only upon an initial
determination that--
``(A) the affected Office of Inspector General is
significantly hampered in the performance of responsibilities
established by this Act as a result of the lack of such
powers;
``(B) available assistance from other law enforcement
agencies is insufficient to meet the need for such powers;
and
``(C) adequate internal safeguards and management
procedures exist to ensure proper exercise of such powers.
``(3) The Inspector General offices of the Department of
Commerce, Department of Education, Department of Energy,
Department of Health and Human Services, Department of
Homeland Security, Department of Housing and Urban
Development, Department of the Interior, Department of
Justice, Department of Labor, Department of State, Department
of Transportation, Department of the Treasury, Department of
Veterans Affairs, Agency for International Development,
Environmental Protection Agency, Federal Deposit Insurance
Corporation, Federal Emergency Management Agency, General
Services Administration, National Aeronautics and Space
Administration, Nuclear Regulatory Commission, Office of
Personnel Management, Railroad Retirement Board, Small
Business Administration, Social Security Administration, and
the Tennessee Valley Authority are exempt from the
requirement of paragraph (2) of an initial determination of
eligibility by the Attorney General.
``(4) The Attorney General shall promulgate, and revise as
appropriate, guidelines which shall govern the exercise of
the law enforcement powers established under paragraph (1).
``(5) Powers authorized for an Office of Inspector General
under paragraph (1) shall be rescinded or suspended upon a
determination by the Attorney General that any of the
requirements under paragraph (2) is no longer satisfied or
that the exercise of authorized powers by that Office of
Inspector General has not complied with the guidelines
promulgated by the Attorney General under paragraph (4).
``(6) A determination by the Attorney General under
paragraph (2) or (5) shall not be reviewable in or by any
court.
``(7) To ensure the proper exercise of the law enforcement
powers authorized by this subsection, the Offices of
Inspector General described under paragraph (3) shall, not
later than 180 days after the date of enactment of this
subsection, collectively enter into a memorandum of
understanding to establish an external review process for
ensuring that adequate internal safeguards and management
procedures continue to exist within each Office and within
any Office that later receives an authorization under
paragraph (2). The review process shall be established in
consultation with the Attorney General, who shall be provided
with a copy of the memorandum of understanding that
establishes the review process. Under the review process, the
exercise of the law enforcement powers by each Office of
Inspector General shall be reviewed periodically by another
Office of Inspector General or by a committee of Inspectors
General. The results of each review shall be communicated in
writing to the applicable Inspector General and to the
Attorney General.
``(8) No provision of this subsection shall limit the
exercise of law enforcement powers established under any
other statutory authority, including United States Marshals
Service special deputation.''.
(b) Promulgation of Initial Guidelines.--
(1) Definition.--In this subsection, the term ``memoranda
of understanding'' means the agreements between the
Department of Justice and the Inspector General offices
described under section 6(e)(3) of the Inspector General Act
of 1978 (5 U.S.C. App.) (as added by subsection (a) of this
section) that--
(A) are in effect on the date of enactment of this Act; and
(B) authorize such offices to exercise authority that is
the same or similar to the authority under section 6(e)(1) of
such Act.
(2) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall promulgate
guidelines under section 6(e)(4) of the Inspector General Act
of 1978 (5 U.S.C. App.) (as added by subsection (a) of this
section) applicable to the Inspector General offices
described under section 6(e)(3) of that Act.
(3) Minimum requirements.--The guidelines promulgated under
this subsection shall include, at a minimum, the operational
and training requirements in the memoranda of understanding.
(4) No lapse of authority.--The memoranda of understanding
in effect on the date of enactment of this Act shall remain
in effect until the guidelines promulgated under this
subsection take effect.
(c) Effective Dates.--
(1) In general.--Subsection (a) shall take effect 180 days
after the date of enactment of this Act.
(2) Initial guidelines.--Subsection (b) shall take effect
on the date of enactment of this Act.
Subtitle C--United States Secret Service
SEC. 720. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and
liabilities of the United States Secret Service, which shall
be maintained as a distinct entity within the Department,
including the functions of the Secretary of the Treasury
relating thereto.
Subtitle D--General Provisions
SEC. 730. ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT SYSTEM.
(a) Authority.--
(1) Sense of congress.--It is the sense of Congress that--
(A) it is extremely important that employees of the
Department be allowed to participate in a meaningful way in
the creation of any human resources management system
affecting them;
(B) such employees have the most direct knowledge of the
demands of their jobs and have a direct interest in ensuring
that their human resources management system is conducive to
achieving optimal operational efficiencies;
(C) the 21st century human resources management system
envisioned for the Department should be one that benefits
from the input of its employees; and
(D) this collaborative effort will help secure our
homeland.
(2) In general.--Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following:
[[Page S9316]]
``CHAPTER 97--DEPARTMENT OF HOMELAND SECURITY
``Sec.
``9701. Establishment of human resources management system.
``Sec. 9701. Establishment of human resources management
system
``(a) In General.--Notwithstanding any other provision of
this part, the Secretary may, in regulations prescribed
jointly with the Director of the Office of Personnel
Management, establish, and from time to time adjust, a human
resources management system for some or all of the
organizational units of the Department.
``(b) System Requirements.--Any system established under
subsection (a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of merit and fitness
set forth in section 2301, including the principles of hiring
based on merit, fair treatment without regard to political
affiliation or other nonmerit considerations, equal pay for
equal work, and protection of employees against reprisal for
whistleblowing;
``(B) any provision of section 2302, relating to prohibited
personnel practices;
``(C)(i) any provision of law referred to in section
2302(b)(1); or
``(ii) any provision of law implementing any provision of
law referred to in section 2302(b)(1) by--
``(I) providing for equal employment opportunity through
affirmative action; or
``(II) providing any right or remedy available to any
employee or applicant for employment in the civil service;
``(D) any other provision of this part (as described in
subsection (c)); or
``(E) any rule or regulation prescribed under any provision
of law referred to in any of the preceding subparagraphs of
this paragraph;
``(4) ensure that employees may organize, bargain
collectively, and participate through labor organizations of
their own choosing in decisions which affect them, subject to
any exclusion from coverage or limitation on negotiability
established by law; and
``(5) permit the use of a category rating system for
evaluating applicants for positions in the competitive
service.
``(c) Other Nonwaivable Provisions.--The other provisions
of this part as referred to in subsection (b)(3)(D), are (to
the extent not otherwise specified in subparagraph (A), (B),
(C), or (D) of subsection (b)(3))--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and 79, and
this chapter.
``(d) Limitations Relating to Pay.--Nothing in this section
shall constitute authority--
``(1) to modify the pay of any employee who serves in--
``(A) an Executive Schedule position under subchapter II of
chapter 53 of title 5, United States Code; or
``(B) a position for which the rate of basic pay is fixed
in statute by reference to a section or level under
subchapter II of chapter 53 of such title 5;
``(2) to fix pay for any employee or position at an annual
rate greater than the maximum amount of cash compensation
allowable under section 5307 of such title 5 in a year; or
``(3) to exempt any employee from the application of such
section 5307.
``(e) Provisions To Ensure Collaboration With Employee
Representatives.--
``(1) In general.--In order to ensure that the authority of
this section is exercised in collaboration with, and in a
manner that ensures the direct participation of employee
representatives in the planning development, and
implementation of any human resources management system or
adjustments under this section, the Secretary and the
Director of the Office of Personnel Management shall provide
for the following:
``(A) Notice of proposal.-- The Secretary and the Director
shall, with respect to any proposed system or adjustment--
``(i) provide to each employee representative representing
any employees who might be affected, a written description of
the proposed system or adjustment (including the reasons why
it is considered necessary);
``(ii) give each representative at least 60 days (unless
extraordinary circumstances require earlier action) to review
and make recommendations with respect to the proposal; and
``(iii) give any recommendations received from any such
representatives under clause (ii) full and fair consideration
in deciding whether or how to proceed with the proposal.
``(B) Preimplementation requirements.--If the Secretary and
the Director decide to implement a proposal described in
subparagraph (A), they shall before implementation--
``(i) give each representative details of the decision to
implement the proposal, together with the information upon
which the decision is based;
``(ii) give each representative an opportunity to make
recommendations with respect to the proposal; and
``(iii) give such recommendation full and fair
consideration, including the providing of reasons to an
employee representative if any of its recommendations are
rejected.
``(C) Continuing collaboration.--If a proposal described in
subparagraph (A) is implemented, the Secretary and the
Director shall--
``(i) develop a method for each employee representative to
participate in any further planning or development which
might become necessary; and
``(ii) give each employee representative adequate access to
information to make that participation productive.
``(2) Procedures.--Any procedures necessary to carry out
this subsection shall be established by the Secretary and the
Director jointly. Such procedures shall include measures to
ensure--
``(A) in the case of employees within a unit with respect
to which a labor organization is accorded exclusive
recognition, representation by individuals designated or from
among individuals nominated by such organization;
``(B) in the case of any employees who are not within such
a unit, representation by any appropriate organization which
represents a substantial percentage of those employees or, if
none, in such other manner as may be appropriate, consistent
with the purposes of the subsection; and
``(C) the selection of representatives in a manner
consistent with the relative number of employees represented
by the organizations or other representatives involved.
``(f) Provisions Relating to Appellate Procedures.--
(1) Sense of congress.--It is the sense of Congress that--
``(A) employees of the Department are entitled to fair
treatment in any appeals that they bring in decisions
relating to their employment; and
``(B) in prescribing regulations for any such appeals
procedures, the Secretary and the Director of the Office of
Personnel Management--
``(i) should ensure that employees of the Department are
afforded the protections of due process; and
``(ii) toward that end, should be required to consult with
the Merit Systems Protection Board before issuing any such
regulations.
``(2) Requirements.--Any regulations under this section
which relate to any matters within the purview of chapter
77--
``(A) shall be issued only after consultation with the
Merit Systems Protection Board;
``(B) shall ensure the availability of procedures which
shall--
``(i) be consistent with requirements of due process; and
``(ii) provide, to the maximum extent practicable, for the
expeditious handling of any matters involving the Department;
and
``(C) shall modify procedures under chapter 77 only insofar
as such modifications are designed to further the fair,
efficient, and expeditious resolution of matters involving
the employees of the Department.
``(g) Sunset Provision.--Effective 5 years after the
conclusion of the transition period defined under section 801
of the Homeland Security Act of 2002, all authority to issue
regulations under this section (including regulations which
would modify, supersede, or terminate any regulations
previously issued under this section) shall cease to be
available.''.
(3) Clerical amendment.--The table of chapters for part III
of title 5, United States Code, is amended by adding at the
end of the following:
``97. Department of Homeland Security.......................9701''.....
(b) Effect on Personnel.--
(1) Nonseparation or nonreduction in grade or compensation
of full-time personnel and part-time personnel holding
permanent positions.--Except as otherwise provided in this
Act, the transfer pursuant to this act of full-time personnel
(except special Government employees) and part-time personnel
holding permanent positions shall not cause any such employee
to be separated or reduced in grade or compensation for one
year after the date of transfer to the Department.
(2) Positions compensated in accordance with executive
schedule.--Any person who, on the day preceding such person's
date of transfer pursuant to this Act, held a position
compensated in accordance with the Executive Schedule
prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in the
Department to a position having duties comparable to the
duties performed immediately preceding such appointment shall
continue to be compensated in such new position at not less
than the rate provided for such position, for the duration of
the service of such person in such new position.
(3) Coordination rule.--Any exercise of authority under
chapter 97 of title 5, United States Code (as amended by
subsection (a)), including under any system established under
such chapter, shall be in conformance with the requirements
of this subsection.
SEC. 731. LABOR-MANAGEMENT RELATIONS.
(a) Limitation on Exclusionary Authority.--
(1) In general.--No agency or subdivision of an agency
which is transferred to the Department pursuant to this Act
shall be excluded from the coverage of chapter 71 of title 5,
United States Code, as a result of any order issued under
section 7103(b)(1) of such title 5 after June 18, 2002,
unless--
(A) the mission and responsibilities of the agency (or
subdivision) materially change; and
(B) a majority of the employees within such agency (or
subdivision) have as their
[[Page S9317]]
primary duty intelligence, counterintelligence, or
investigative work directly related to terrorism
investigation.
(2) Exclusions allowable.--Nothing in paragraph (1) shall
affect the effectiveness of any order to the extent that such
order excludes any portion of an agency or subdivision of an
agency as to which--
(A) recognition as an appropriate unit has never been
conferred for purposes of chapter 71 of such title 5; or
(B) any such recognition has been revoked or otherwise
terminated as a result of a determination under subsection
(b)(1).
(b) Provisions Relating to Bargaining Units.--
(1) Limitation relating to appropriate units.--Each unit
which is recognized as an appropriate unit for purposes of
chapter 71 of title 5, United States Code, as of the day
before the effective date of this Act (and any subdivision of
any such unit) shall, if such unit (or subdivision) is
transferred to the Department pursuant to this Act, continue
to be so recognized for such purposes, unless--
(A) the mission and responsibilities of such unit (or
subdivision) materially change; and
(B) a majority of the employees within such unit (or
subdivision) have as their primary duty intelligence,
counterintelligence, or investigative work directly related
to terrorism investigation.
(2) Limitation relating to positions or employees.--No
position or employee within a unit (or subdivision of a unit)
as to which continued recognition is given in accordance with
paragraph (1) shall be excluded from such unit (or
subdivision), for purposes of chapter 71 of such title 5,
unless the primary job duty of such position or employee--
(A) materially changes; and
(B) consists of intelligence, counterintelligence, or
investigative work directly related to terrorism
investigation.
In the case of any positions within a unit (or subdivision)
which are first established on or after the effective date of
this Act and any employee first appointed on or after such
date, the preceding sentence shall be applied disregarding
subparagraph (A).
(c) Homeland Security.--Subsection (a), (b), and (d) of
this section shall not apply in circumstances where the
President determines in writing that such application would
have a substantial adverse impact on the Department's ability
to protect homeland security. Whenever the President makes a
determination specified under this subsection, the President
shall notify the Senate and the House of Representatives of
the reasons for such determination not less than 10 days
prior to its issuance.
(d) Coordination Rule.--No other provision of this Act or
of any amendment made by this Act may be construed or applied
in a manner so as to limit, supersede, or otherwise affect
the provisions of this section, except to the extent that it
does so by specific reference to this section.
SEC. 732. ADVISORY COMMITTEES.
The Secretary may establish, appoint members of, and use
the services of, advisory committees, as the Secretary may
deem necessary. An advisory committee established under this
section may be exempted by the Secretary from Public Law 92-
463, but the Secretary shall publish notice in the Federal
Register announcing the establishment of such a committee and
identifying its purpose and membership. Notwithstanding the
preceding sentence, members of an advisory committee that is
exempted by the Secretary under the preceding sentence who
are special Government employees (as that term is defined in
section 202 of title 18, United States Code) shall be
eligible for certifications under subsection (b)(3) of
section 208 of title 18, United States Code, for official
actions taken as a member of such advisory committee.
SEC. 733. ACQUISITIONS.
(a) Research and Development Projects.--
(1) In general.--When the Secretary carries out basic,
applied, and advanced research and development projects, he
may exercise the same authority (subject to the same
limitations and conditions) with respect to such research and
projects as the Secretary of Defense may exercise under
section 2371 of title 10, United States Code (except for
subsections (b) and (f)), after making a determination that
the use of a contract, grant, or cooperative agreement for
such project is not feasible or appropriate. The annual
report required under subsection (h) of such section, as
applied to the Secretary by this paragraph, shall be
submitted to the President of the Senate and the Speaker of
the House of Representatives.
(2) Prototype projects.--The Secretary may, under the
authority of paragraph (1), carry out prototype projects in
accordance with the requirements and conditions provided for
carrying out prototype projects under section 845 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160). In applying the authorities of that
section 845, subsection (c) of that section shall apply with
respect to prototype projects under this paragraph, and the
Secretary shall perform the functions of the Secretary of
Defense under subsection (d) thereof.
(b) Procurement of Temporary and Intermittent Services.--
The Secretary may--
(1) procure the temporary or intermittent services of
experts or consultants (or organizations thereof) in
accordance with section 3109(b) of title 5, United States
Code; and
(2) whenever necessary due to an urgent homeland security
need, procure temporary (not to exceed 1 year) or
intermittent personal services, including the services of
experts or consultants (or organizations thereof), without
regard to the pay limitations of such section 3109.
SEC. 734. REORGANIZATION AUTHORITY.
(a) Reorganization Plan.--
(1) In general.--Whenever the President determines that
changes in the organization of the Department are necessary
to carry out any policy set forth in this Act, the President
shall prepare a reorganization plan specifying the
reorganizations that the President determines are necessary.
Any such plan may provide for--
(A) the transfer of the whole or a part of an agency, or of
the whole or a part of the functions thereof, to the
jurisdiction and control of the Department;
(B) the transfer of the whole or a part of an agency, or of
the whole or a part of the functions thereof, from the
Department;
(C) the abolition of all or a part of an agency within the
Department;
(D) the creation of a new agency or a new part of an agency
within the Department; or
(E) the consolidation or coordination of the whole or a
part of an agency within the Department, or of the whole or a
part of the functions thereof, with the whole or a part of
another agency within the Department.
(2) Transmittal.--
(A) In general.--The President shall transmit the
reorganization plan to Congress together with the declaration
that, with respect to each organization included in the plan,
the President has found that the reorganization is necessary
to carry out any policy set forth in this Act.
(B) Timing.--The reorganization plan shall be delivered to
both Houses on the same day and to each House while it is in
session, except that no more than 2 plans may be pending
before Congress at 1 time.
(3) Content.--
(A) In general.--The transmittal message of the
reorganization plan shall--
(i) specify with respect to each abolition of a function
included in the plan the statutory authority for the exercise
of the function;
(ii) include an estimate of any reduction or increase in
expenditures (itemized so far as practicable);
(iii) include detailed information addressing the impacts
of the reorganization on the employees of any agency affected
by the plan, and what steps will be taken to mitigate any
impacts of the plan on the employees of the agency;
(iv) describe any improvements in management, delivery of
Federal services, execution of the laws, and increases in
efficiency of Government operations, which it is expected
will be realized as a result of the reorganizations included
in the plan; and
(v) in the case of a transfer to or from the Department,
address the impact of the proposed transfer on the ability of
the affected agency to carry out its other functions and to
accomplish its missions.
(B) Implementation.--In addition, the transmittal message
shall include an implementation section which shall--
(i) describe in detail--
(I) the actions necessary or planned to complete the
reorganization; and
(II) the anticipated nature and substance of any orders,
directives, and other administrative and operations actions
which are expected to be required for completing or
implementing the reorganization; and
(ii) contain a projected timetable for completion of the
implementation process.
(C) Background information.--The President shall also
submit such further background or other information as
Congress may require for its consideration of the plan.
(4) Amendments to plan.--Any time during the period of 60
calendar days of continuous session of Congress after the
date on which the plan is transmitted to it, but before any
resolution has been ordered reported in either House, the
President, or the designee of the President, may make
amendments or modifications to the plan, which modifications
or revisions shall thereafter be treated as a part of the
reorganization plan originally transmitted and shall not
affect in any way the time limits otherwise provided for in
this section. The President, or the designee of the
President, may withdraw the plan any time prior to the
conclusion of 90 calendar days of continuous session of
Congress following the date on which the plan is submitted to
Congress.
(b) Additional Contents of Reorganization Plan.--A
reorganization plan--
(1) may change the name of an agency affected by a
reorganization and the title of its head, and shall designate
the name of an agency resulting from a reorganization and the
title of its head;
(2) may provide for the appointment and pay of the head and
1 or more officers of any agency (including an agency
resulting from a consolidation or other type of
reorganization) if the message transmitting the plan
declares, that by reason of a reorganization made by the plan
the provisions are necessary;
(3) shall provide for the transfer or other disposition of
the records, property, and personnel affected by a
reorganization;
(4) shall provide for the transfer of such unexpended
balances of appropriations, and of other funds, available for
use in connection with a function or agency affected by a
reorganization, as necessary by reason of the reorganization
for use in connection with the
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functions affected by the reorganization, or for the use of
the agency which shall have the functions after the
reorganization plan is effective; and
(5) shall provide for terminating the affairs of an agency
abolished.
A reorganization plan containing provisions authorized by
paragraph (2) may provide that the head of an agency be an
individual or a commission or board with more than 1 member.
In the case of an appointment of the head of such an agency,
the term of office may not be fixed at more than 4 years, the
pay may not be at a rate in excess of that found to be
applicable to comparable officers in the executive branch, by
and with the advice and consent of the Senate. Any
reorganization plan containing provisions required by
paragraph (4) shall provide for the transfer of unexpended
balances only if such balances are used for the purposes for
which the appropriation was originally made.
(c) Effective Date and Publication of Reorganization
Plans.--
(1) Effective date.--Except as provided under paragraph
(3), a reorganization plan shall be effective upon approval
by the President of a resolution (as defined in subsection
(f)) with respect to such plan, only if such resolution is
passed by the House of Representatives and the Senate, within
the first period of 90 calendar days of continuous session of
Congress after the date on which the plan is transmitted to
Congress.
(2) Session of congress.--For the purpose of this chapter--
(A) continuity of session is broken only by an adjournment
of Congress sine die; and
(B) the days on which either House is not in session
because of an adjournment of more than 3 days to a day
certain are excluded in the computation of any period of time
in which Congress is in continuous session.
(3) Later effective date.--Under provisions contained in a
reorganization plan, any provision thereof may be effective
at a time later than the date on which the plan otherwise is
effective.
(4) Publication of plan.--A reorganization plan which is
effective shall be printed--
(A) in the Statutes at Large in the same volume as the
public laws; and
(B) in the Federal Register.
(d) Effect On Other Laws; Pending Legal Proceedings.--
(1) Effect on laws.--
(A) Definition.--In this paragraph, the term ``regulation
or other action'' means a regulation, rule, order, policy,
determination, directive, authorization, permit, privilege,
requirement, designation, or other action.
(B) Effect.--A statute enacted, and a regulation or other
action made, prescribed, issued, granted, or performed in
respect of or by an agency or function affected by a
reorganization under this section, before the effective date
of the reorganization, has, except to the extent rescinded,
modified, superseded, or made inapplicable by or under
authority of law or by the abolition of a function, the same
effect as if the reorganization had not been made. However,
if the statute, regulation, or other action has vested the
functions in the agency from which it is removed under the
reorganization plan, the function, insofar as it is to be
exercised after the plan becomes effective, shall be deemed
as vested in the agency under which the function is placed in
the plan.
(2) Pending legal proceedings.--A suit, action, or other
proceeding lawfully commenced by or against the head of an
agency or other officer of the United States, in the
officer's official capacity or in relation to the discharge
of the officer's official duties, does not abate by reason of
the taking effect of a reorganization plan under this
section. On motion or supplemental petition filed at any time
within 12 months after the reorganization plan takes effect,
showing a necessity for a survival of the suit, action, or
other proceeding to obtain a settlement of the questions
involved, the court may allow the suit, action, or other
proceeding to be maintained by or against the successor of
the head or officer under the reorganization effected by the
plan or, if there is no successor, against such agency or
officer as the President designates.
(e) Rules of Senate and House of Representatives On
Reorganization Plans.--Subsections (f) through (i) are
enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they are deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of
resolutions with respect to any reorganization plans
transmitted to Congress (in accordance with subsection (a)(3)
of this section); and they supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to
the procedure of that House) at any time, in the same manner
and to the same extent as in the case of any other rule of
that House.
(f) Terms of Resolution.--For the purposes of subsections
(e) through (i), ``resolution'' means only a joint resolution
of Congress, the matter after the resolving clause of which
is as follows: ``That Congress approves the reorganization
plan transmitted to Congress by the President on
____________, 20____.'', and includes such modifications and
revisions as are submitted by the President under subsection
(a)(4). The blank spaces therein are to be filled
appropriately. The term does not include a resolution which
specifies more than 1 reorganization plan.
(g) Introduction and Reference of Resolution.--
(1) Introduction.--No later than the first day of session
following the day on which a reorganization plan is
transmitted to the House of Representatives and the Senate
under subsection (a), a resolution, as defined in subsection
(f), shall be--
(A) introduced (by request) in the House by the chairman of
the Government Reform Committee of the House, or by a Member
or Members of the House designated by such chairman; and
(B) introduced (by request) in the Senate by the chairman
of the Governmental Affairs Committee of the Senate, or by a
Member or Members of the Senate designated by such chairman.
(2) Referral.--A resolution with respect to a
reorganization plan shall be referred to the Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform of the House (and all resolutions with
respect to the same plan shall be referred to the same
committee) by the President of the Senate or the Speaker of
the House of Representatives, as the case may be. The
committee shall make its recommendations to the House of
Representatives or the Senate, respectively, within 75
calendar days of continuous session of Congress following the
date of such resolution's introduction.
(h) Discharge of Committee Considering Resolution.--If the
committee to which is referred a resolution introduced
pursuant to subsection (g)(1) has not reported such a
resolution or identical resolution at the end of 75 calendar
days of continuous session of Congress after its
introduction, such committee shall be deemed to be discharged
from further consideration of such resolution and such
resolution shall be placed on the appropriate calendar of the
House involved.
(i) Procedure After Report or Discharge of Committees;
Debate; Vote On Final Passage.--
(1) Procedure.--When the committee has reported, or has
been deemed to be discharged (under subsection (h)) from
further consideration of, a resolution with respect to a
reorganization plan, it is at any time thereafter in order
(even though a previous motion to the same effect has been
disagreed to) for any Member of the respective House to move
to proceed to the consideration of the resolution. The motion
is highly privileged and is not debatable. The motion shall
not be subject to amendment, or to any motion to postpone, or
a motion to proceed to the consideration of other business. A
motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order. If a motion to
proceed to the consideration of the resolution is agreed to,
the resolution shall remain the unfinished business of the
respective House until disposed of.
(2) Debate.--Debate on the resolution, and on all debatable
motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally
between individuals favoring and individuals opposing the
resolution. A motion further to limit debate is in order and
not debatable. An amendment to, or a motion to recommit the
resolution is not in order. A motion to reconsider the vote
by which the resolution is passed or rejected shall not be in
order.
(3) Vote on final passage.--Immediately following the
conclusion of the debate on the resolution with respect to a
reorganization plan, and a single quorum call at the
conclusion of the debate if requested in accordance with the
rules of the appropriate House, the vote on final passage of
the resolution shall occur.
(4) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate or the
House of Representatives, as the case may be, to the
procedure relating to a resolution with respect to a
reorganization plan shall be decided without debate.
(5) Prior passage.--If, prior to the passage by 1 House of
a resolution of that House, that House receives a resolution
with respect to the same reorganization plan from the other
House, then--
(A) the procedure in that House shall be the same as if no
resolution had been received from the other House; but
(B) the vote on final passage shall be on the resolution of
the other House.
SEC. 735. MISCELLANEOUS PROVISIONS.
(a) Seal.--The Department shall have a seal, whose design
is subject to the approval of the President.
(b) Participation of Members of the Armed Forces.--With
respect to the Department, the Secretary shall have the same
authorities that the Secretary of Transportation has with
respect to the Department of Transportation under section 324
of title 49, United States Code.
(c) Redelegation of Functions.--Unless otherwise provided
in the delegation or by law, any function delegated under
this Act may be redelegated to any subordinate.
SEC. 736. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
SEC. 737. REGULATORY AUTHORITY.
Except as specifically provided in this Act, this Act vests
in the Secretary or any other
[[Page S9319]]
Federal official, and transfers to the Secretary or another
Federal official only such regulatory authority as exists on
the date of enactment of this Act within any agency, program,
or function transferred to the Department pursuant to this
Act, or that on such date of enactment is exercised by
another official of the executive branch with respect to such
agency, program, or function. Any such transferred authority
may not be exercised by an official from whom it is
transferred upon transfer of such agency, program, or
function to the Secretary or another Federal official
pursuant to this Act. This Act does not alter or diminish the
regulatory authority of any other executive agency, except to
the extent that this Act transfers such authority from the
agency.
SEC. 738. USE OF APPROPRIATED FUNDS.
(a) Applicability of This Section.--Notwithstanding any
other provision of this Act or any other law, this section
shall apply to the use of any funds, disposal of property,
and acceptance, use, and disposal of gifts, or donations of
services or property, of, for, or by the Department,
including any agencies, entities, or other organizations
transferred to the Department under this Act.
(b) Authorization of Appropriations To Create Department.--
There is authorized to be appropriated $160,000,000 for the
Office of Homeland Security in the Executive Office of the
President to be transferred without delay to the Department
upon its creation by enactment of this Act, notwithstanding
subsection (c)(1)(C) such funds shall be available only for
the payment of necessary salaries and expenses associated
with the initiation of operations of the Department.
(c) Use of Transferred Funds.--
(1) In general.--Except as may be provided in this
subsection or in an appropriations Act in accordance with
subsection (e), balances of appropriations and any other
funds or assets transferred under this Act--
(A) shall be available only for the purposes for which they
were originally available;
(B) shall remain subject to the same conditions and
limitations provided by the law originally appropriating or
otherwise making available the amount, including limitations
and notification requirements related to the reprogramming of
appropriated funds; and
(C) shall not be used to fund any new position established
under this Act.
(2) Transfer of funds.--
(A) In general.--After the creation of the Department and
the swearing in of its Secretary, and upon determination by
the Secretary that such action is necessary in the national
interest, the Secretary is authorized to transfer, with the
approval of the Office of Management and Budget, not to
exceed $140,000,000 of unobligated funds from organizations
and entities transferred to the new Department by this Act.
(B) Limitation.--Notwithstanding paragraph (1)(C), funds
authorized to be transferred by subparagraph (2)(A) shall be
available only for payment of necessary costs, including
funding of new positions, for the initiation of operations of
the Department and may not be transferred unless the
Committees on Appropriations are notified at least 15 days in
advance of any proposed transfer and have approved such
transfer in advance.
(C) Notification.--The notification required in
subparagraph (2)(B) shall include a detailed justification of
the purposes for which the funds are to be used and a
detailed statement of the impact on the program or
organization that is the source of the funds, and shall be
submitted in accordance with reprogramming procedures to be
established by the Committees on Appropriations.
(D) Use for other items.--The authority to transfer funds
established in this section may not be used unless for higher
priority items, based on demonstrated homeland security
requirements, than those for which funds originally were
appropriated and in no case where the item for which funds
are requested has been denied by Congress.
(d) Notification Regarding Transfers.--The President shall
notify Congress not less than 15 days before any transfer of
appropriations balances, other funds, or assets under this
Act.
(e) Additional Uses of Funds During Transition.--Subject to
subsections (c) and (d), amounts transferred to, or otherwise
made available to, the Department may be used during the
transition period, as defined in section 801(2), for purposes
in addition to those for which such amounts were originally
available (including by transfer among accounts of the
Department), but only to the extent such transfer or use is
specifically permitted in advance in an appropriations Act
and only under the conditions and for the purposes specified
in such appropriations Act.
(f) Disposal of Property.--
(1) Strict compliance.--If specifically authorized to
dispose of real property in this or any other Act, the
Secretary shall exercise this authority in strict compliance
with section 204 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 485).
(2) Deposit of proceeds.--The Secretary shall deposit the
proceeds of any exercise of property disposal authority into
the miscellaneous receipts of the Treasury in accordance with
section 3302(b) of title 31, United States Code.
(g) Gifts.--Gifts or donations of services or property of
or for the Department may not be accepted, used, or disposed
of unless specifically permitted in advance in an
appropriations Act and only under the conditions and for the
purposes specified in such appropriations Act.
(h) Budget Request.--Under section 1105 of title 31, United
States Code, the President shall submit to Congress a
detailed budget request for the Department for fiscal year
2004, and for each subsequent fiscal year.
SEC. 739. FUTURE YEARS HOMELAND SECURITY PROGRAM.
(a) In General.--Each budget request submitted to Congress
for the Department under section 1105 of title 31, United
States Code, shall, at or about the same time, be accompanied
by a Future Years Homeland Security Program.
(b) Contents.--The Future Years Homeland Security Program
under subsection (a) shall be structured, and include the
same type of information and level of detail, as the Future
Years Defense Program submitted to Congress by the Department
of Defense under section 221 of title 10, United States Code.
(c) Effective Date.--This section shall take effect with
respect to the preparation and submission of the fiscal year
2005 budget request for the Department and for any subsequent
fiscal year, except that the first Future Years Homeland
Security Program shall be submitted not later than 90 days
after the Department's fiscal year 2005 budget request is
submitted to Congress.
SEC. 739A. BIOTERRORISM PREPAREDNESS AND RESPONSE DIVISION.
Section 319D of the Public Health Service Act (42 U.S.C.
2472-4) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b), the following:
``(c) Bioterrorism Preparedness and Response Division.--
``(1) Establishment.--There is established within the
Office of the Director of the Centers for Disease Control and
Prevention a Bioterrorism Preparedness and Response Division
(in this subsection referred to as the `Division').
``(2) Mission.--The Division shall have the following
primary missions:
``(A) To lead and coordinate the activities and
responsibilities of the Centers for Disease Control and
Prevention with respect to countering bioterrorism.
``(B) To coordinate and facilitate the interaction of
Centers for Disease Control and Prevention personnel with
personnel from the Department of Homeland Security and, in so
doing, serve as a major contact point for 2-way
communications between the jurisdictions of homeland security
and public health.
``(C) To train and employ a cadre of public health
personnel who are dedicated full-time to the countering of
bioterrorism.
``(3) Responsibilities.--In carrying out the mission under
paragraph (2), the Division shall assume the responsibilities
of and budget authority for the Centers for Disease Control
and Prevention with respect to the following programs:
``(A) The Bioterrorism Preparedness and Response Program.
``(B) The Strategic National Stockpile.
``(C) Such other programs and responsibilities as may be
assigned to the Division by the Director of the Centers for
Disease Control and Prevention.
``(4) Director.--There shall be in the Division a Director,
who shall be appointed by the Director of the Centers for
Disease Control and Prevention, in consultation with the
Secretary of Health and Human Services and the Secretary of
Homeland Security.
``(5) Staffing.--Under agreements reached between the
Director of the Centers for Disease Control and Prevention
and the Secretary of Homeland Security--
``(A) the Division may be staffed, in part, by personnel
assigned from the Department of Homeland Security by the
Secretary of Homeland Security; and
``(B) the Director of the Centers for Disease Control and
Prevention may assign some personnel from the Division to the
Department of Homeland Security.''.
SEC. 739B. COORDINATION WITH THE DEPARTMENT OF HEALTH AND
HUMAN SERVICES UNDER THE PUBLIC HEALTH SERVICE
ACT.
(a) In General.--The annual Federal response plan developed
by the Secretary under sections 102(b)(14) and 134(b)(7)
shall be consistent with section 319 of the Public Health
Service Act (42 U.S.C. 247d).
(b) Disclosures Among Relevant Agencies.--
(1) In general.--Full disclosure among relevant agencies
shall be made in accordance with this subsection.
(2) Public health emergency.--During the period in which
the Secretary of Health and Human Services has declared the
existence of a public health emergency under section 319(a)
of the Public Health Service Act (42 U.S.C. 247d(a)), the
Secretary of Health and Human Services shall keep relevant
agencies, including the Department of Homeland Security, the
Department of Justice, and the Federal Bureau of
Investigation, fully and currently informed.
(3) Potential public health emergency.--In cases involving,
or potentially involving, a public health emergency, but in
which no determination of an emergency by the Secretary of
Health and Human Services under section 319(a) of the Public
Health Service Act (42 U.S.C. 247d(a)), has been made, all
relevant agencies, including the Department of Homeland
Security, the Department of
[[Page S9320]]
Justice, and the Federal Bureau of Investigation, shall keep
the Secretary of Health and Human Services and the Director
of the Centers for Disease Control and Prevention fully and
currently informed.
Subtitle E--Risk Sharing and Indemnification for Contractors Supplying
Anti-Terrorism Technology and Services
SEC. 741. APPLICATION OF INDEMNIFICATION AUTHORITY.
(a) In General.--The President may exercise the
discretionary authority to indemnify contractors and
subcontractors under Public Law 85-804 (50 U.S.C. 1431 et
seq.) for a procurement of an anti-terrorism technology or an
anti-terrorism service for the purpose of preventing,
detecting, identifying, otherwise deterring, or recovering
from acts of terrorism.
(b) Exercise of Authority.--In exercising the authority
under subsection (a), the President may include, among other
things--
(1) economic damages not fully covered by private liability
insurance within the scope of the losses or damages of the
indemnification coverage;
(2) a requirement that an indemnification provision
included in a contract or subcontract be negotiated prior to
the commencement of the performance of the contract;
(3) the coverage of information technology used to prevent,
detect, identify, otherwise deter, or recover from acts of
terrorism; and
(4) the coverage of the United States Postal Service.
SEC. 742. APPLICATION OF INDEMNIFICATION AUTHORITY TO STATE
AND LOCAL GOVERNMENT CONTRACTORS.
(a) In General.--Subject to the limitations of subsection
(b), the President may exercise the discretionary authority
to indemnify contractors and subcontractors under Public Law
85-804 (50 U.S.C. 1431 et seq.) for a procurement by a State
or unit of local government of an anti-terrorism technology
or an anti-terrorism service for the purpose of preventing,
detecting, identifying, otherwise deterring, or recovering
from acts of terrorism.
(b) Exercise of Authority.--The authority of subsection (a)
may be exercised only--
(1) for procurements of a State or unit of local government
that are made by the Secretary under contracts awarded by the
Secretary pursuant to the authorities of section 743;
(2) with written approval from the Secretary, or any other
official designated by the President, for each procurement in
which indemnification is to be provided; and
(3) with respect to--
(A) amounts of losses or damages not fully covered by
private liability insurance and State or local government-
provided indemnification; and
(B) liabilities arising out of other than the contractor's
willful misconduct or lack of good faith.
SEC. 743. PROCUREMENTS OF ANTI-TERRORISM TECHNOLOGIES AND
ANTI-TERRORISM SERVICES BY STATE AND LOCAL
GOVERNMENTS THROUGH FEDERAL CONTRACTS.
(a) In General.--
(1) Establishment of program.--The Secretary shall
establish a program under which States and units of local
government may procure through contracts entered into by the
Secretary anti-terrorism technology or an anti-terrorism
service for the purpose of preventing, detecting,
identifying, otherwise deterring, or recovering from acts of
terrorism.
(2) Authorities.--For the sole purposes of this program,
the Secretary may, but shall not be required to, award
contracts using the same authorities provided to the
Administrator of General Services under section 309(b)(3) of
the Federal Property and Administrative Services Act, 41
U.S.C. 259(b)(3).
(3) Offers not required to state and local governments.--A
contractor that sells anti-terrorism technology or anti-
terrorism services to the Federal Government shall not be
required to offer such technology or services to a State or
unit of local government.
(b) Responsibilities of the Secretary.--In carrying out the
program established by this section, the Secretary shall--
(1) produce and maintain a catalog of anti-terrorism
technologies and anti-terrorism services suitable for
procurement by States and units of local government under
this program; and
(2) establish procedures in accordance with subsection (c)
to address the procurement of anti-terrorism technologies and
anti-terrorism services by States and units of local
government under contracts awarded by the Secretary.
(c) Required Procedures.--The procedures required by
subsection (b)(2) shall implement the following requirements
and authorities:
(1) Submissions by states.--
(A) In general.--Except as provided in subparagraph (B),
each State desiring to participate in a procurement of anti-
terrorism technologies or anti-terrorism services through a
contract entered into by the Secretary shall submit to the
Secretary in such form and manner and at such times as the
Secretary prescribes, the following:
(i) Request.--A request consisting of an enumeration of the
technologies or services, respectively, that are desired by
the State and units of local government within the State.
(ii) Payment.--Advance payment for each requested
technology or service in an amount determined by the
Secretary based on estimated or actual costs of the
technology or service and administrative costs incurred by
the Secretary.
(B) Award by Secretary.--The Secretary may award and
designate contracts under which States and units of local
government may procure anti-terrorism technologies and anti-
terrorism services directly from the contract holders. No
indemnification may be provided under the authorities set
forth in section 742 for procurements that are made directly
between contractors and States or units of local government.
(2) Permitted catalog technologies and services.--A State
may include in a request submitted under paragraph (1) only a
technology or service listed in the catalog produced under
subsection (b)(1).
(3) Coordination of local requests within state.--The
Governor of a State (or the Mayor of the District of
Columbia) may establish such procedures as the Governor (or
the Mayor of the District of Columbia) considers appropriate
for administering and coordinating requests for anti-
terrorism technologies or anti-terrorism services from units
of local government within the State.
(4) Shipment and transportation costs.--A State requesting
anti-terrorism technologies or anti-terrorism services shall
be responsible for arranging and paying for any shipment or
transportation costs necessary to deliver the technologies or
services, respectively, to the State and localities within
the State.
(d) Reimbursement of Actual Costs.--In the case of a
procurement made by or for a State or unit of local
government under the procedures established under this
section, the Secretary shall require the State or unit of
local government to reimburse the Department for the actual
costs it has incurred for such procurement.
(e) Time for Implementation.--The catalog and procedures
required by subsection (b) of this section shall be completed
as soon as practicable and no later than 210 days after the
enactment of this Act.
SEC. 744. CONGRESSIONAL NOTIFICATION.
(a) In General.--Notwithstanding any other law, a Federal
agency shall, when exercising the discretionary authority of
Public Law 85-804, as amended by section 742, to indemnify
contractors and subcontractors, provide written notification
to the Committees identified in subsection (b) within 30 days
after a contract clause is executed to provide
indemnification.
(b) Submission.--The notification required by subsection
(a) shall be submitted to--
(1) the Appropriations Committees of the Senate and House;
(2) the Armed Services Committees of the Senate and House;
(3) the Senate Governmental Affairs Committee; and
(4) the House Government Reform Committee.
SEC. 745. DEFINITIONS.
In this subtitle:
(1) Anti-terrorism technology and service.--The terms
``anti-terrorism technology'' and ``anti-terrorism service''
mean any product, equipment, or device, including information
technology, and any service, system integration, or other
kind of service (including a support service), respectively,
that is related to technology and is designed, developed,
modified, or procured for the purpose of preventing,
detecting, identifying, otherwise deterring, or recovering
from acts of terrorism.
(2) Act of terrorism.--The term ``act of terrorism'' means
a calculated attack or threat of attack against any person,
property, or infrastructure to inculcate fear, or to
intimidate or coerce a government, the civilian population,
or any segment thereof, in the pursuit of political,
religious, or ideological objectives.
(3) Information technology.--The term ``information
technology'' has the meaning such term in section 11101(6) of
title 40, United States Code.
(4) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, and any territory or
possession of the United States.
(5) Unit of local government.--The term ``unit of local
government'' means any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State; an Indian tribe which performs law
enforcement functions as determined by the Secretary of the
Interior; or any agency of the District of Columbia
Government or the United States Government performing law
enforcement functions in and for the District of Columbia or
the Trust Territory of the Pacific Islands.
Subtitle F--Federal Emergency Procurement Flexibility
SEC. 751. DEFINITION.
In this title, the term ``executive agency'' has the
meaning given that term under section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
SEC. 752. PROCUREMENTS FOR DEFENSE AGAINST OR RECOVERY FROM
TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR
RADIOLOGICAL ATTACK.
The authorities provided in this subtitle apply to any
procurement of property or services by or for an executive
agency that, as determined by the head of the executive
agency, are to be used to facilitate defense against or
recovery from terrorism or nuclear, biological, chemical, or
radiological
[[Page S9321]]
attack, but only if a solicitation of offers for the
procurement is issued during the 1-year period beginning on
the date of the enactment of this Act.
SEC. 753. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR
PROCUREMENTS IN SUPPORT OF HUMANITARIAN OR
PEACEKEEPING OPERATIONS OR CONTINGENCY
OPERATIONS.
(a) Temporary Threshold Amounts.--For a procurement
referred to in section 752 that is carried out in support of
a humanitarian or peacekeeping operation or a contingency
operation, the simplified acquisition threshold definitions
shall be applied as if the amount determined under the
exception provided for such an operation in those definitions
were--
(1) in the case of a contract to be awarded and performed,
or purchase to be made, inside the United States, $250,000;
or
(2) in the case of a contract to be awarded and performed,
or purchase to be made, outside the United States, $500,000.
(b) Simplified Acquisition Threshold Definitions.--In this
section, the term ``simplified acquisition threshold
definitions'' means the following:
(1) Section 4(11) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(11)).
(2) Section 309(d) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 259(d)).
(3) Section 2302(7) of title 10, United States Code.
(c) Small Business Reserve.--For a procurement carried out
pursuant to subsection (a), section 15(j) of the Small
Business Act (15 U.S.C. 644(j)) shall be applied as if the
maximum anticipated value identified therein is equal to the
amounts referred to in subsection (a).
SEC. 754. INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN
PROCUREMENTS.
In the administration of section 32 of the Office of
Federal Procurement Policy Act (41 U.S.C. 428) with respect
to a procurement referred to in section 752, the amount
specified in subsections (c), (d), and (f) of such section 32
shall be deemed to be $10,000.
SEC. 755. APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES
TO CERTAIN PROCUREMENTS.
(a) Authority.--
(1) In general.--The head of an executive agency may apply
the provisions of law listed in paragraph (2) to a
procurement referred to in section 752 without regard to
whether the property or services are commercial items.
(2) Commercial item laws.--The provisions of law referred
to in paragraph (1) are as follows:
(A) Sections 31 and 34 of the Office of Federal Procurement
Policy Act (41 U.S.C. 427, 430).
(B) Section 2304(g) of title 10, United States Code.
(C) Section 303(g) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(g)).
(b) Inapplicability of Limitation on Use of Simplified
Acquisition Procedures.--
(1) In general.--The $5,000,000 limitation provided in
section 31(a)(2) of the Office of Federal Procurement Policy
Act (41 U.S.C. 427(a)(2)), section 2304(g)(1)(B) of title 10,
United States Code, and section 303(g)(1)(B) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253(g)(1)(B)) shall not apply to purchases of property or
services to which any of the provisions of law referred to in
subsection (a) are applied under the authority of this
section.
(2) OMB guidance.--The Director of the Office of Management
and Budget shall issue guidance and procedures for the use of
simplified acquisition procedures for a purchase of property
or services in excess of $5,000,000 under the authority of
this section.
(c) Continuation of Authority for Simplified Purchase
Procedures.--Authority under a provision of law referred to
in subsection (a)(2) that expires under section 4202(e) of
the Clinger-Cohen Act of 1996 (divisions D and E of Public
Law 104-106; 10 U.S.C. 2304 note) shall, notwithstanding such
section, continue to apply for use by the head of an
executive agency as provided in subsections (a) and (b).
SEC. 756. USE OF STREAMLINED PROCEDURES.
(a) Required Use.--The head of an executive agency shall,
when appropriate, use streamlined acquisition authorities and
procedures authorized by law for a procurement referred to in
section 752, including authorities and procedures that are
provided under the following provisions of law:
(1) Federal property and administrative services act of
1949.--In title III of the Federal Property and
Administrative Services Act of 1949:
(A) Paragraphs (1), (2), (6), and (7) of subsection (c) of
section 303 (41 U.S.C. 253), relating to use of procedures
other than competitive procedures under certain circumstances
(subject to subsection (e) of such section).
(B) Section 303J (41 U.S.C. 253j), relating to orders under
task and delivery order contracts.
(2) Title 10, united states code.--In chapter 137 of title
10, United States Code:
(A) Paragraphs (1), (2), (6), and (7) of subsection (c) of
section 2304, relating to use of procedures other than
competitive procedures under certain circumstances (subject
to subsection (e) of such section).
(B) Section 2304c, relating to orders under task and
delivery order contracts.
(3) Office of federal procurement policy act.--Paragraphs
(1)(B), (1)(D), and (2) of section 18(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 416(c)), relating
to inapplicability of a requirement for procurement notice.
(b) Waiver of Certain Small Business Threshold
Requirements.--Subclause (II) of section 8(a)(1)(D)(i) of the
Small Business Act (15 U.S.C. 637(a)(1)(D)(i)) and clause
(ii) of section 31(b)(2)(A) of such Act (15 U.S.C.
657a(b)(2)(A)) shall not apply in the use of streamlined
acquisition authorities and procedures referred to in
paragraphs (1)(A) and (2)(A) of subsection (a) for a
procurement referred to in section 752.
SEC. 757. REVIEW AND REPORT BY COMPTROLLER GENERAL.
(a) Requirements.--Not later than March 31, 2004, the
Comptroller General shall--
(1) complete a review of the extent to which procurements
of property and services have been made in accordance with
this subtitle; and
(2) submit a report on the results of the review to the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of
Representatives.
(b) Content of Report.--The report under subsection (a)(2)
shall include the following matters:
(1) Assessment.--The Comptroller General's assessment of--
(A) the extent to which property and services procured in
accordance with this title have contributed to the capacity
of the workforce of Federal Government employees within each
executive agency to carry out the mission of the executive
agency; and
(B) the extent to which Federal Government employees have
been trained on the use of technology.
(2) Recommendations.--Any recommendations of the
Comptroller General resulting from the assessment described
in paragraph (1).
(c) Consultation.--In preparing for the review under
subsection (a)(1), the Comptroller shall consult with the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of
Representatives on the specific issues and topics to be
reviewed. The extent of coverage needed in areas such as
technology integration, employee training, and human capital
management, as well as the data requirements of the study,
shall be included as part of the consultation.
SEC. 758. IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL
MARKETPLACE.
The head of each executive agency shall conduct market
research on an ongoing basis to identify effectively the
capabilities, including the capabilities of small businesses
and new entrants into Federal contracting, that are available
in the marketplace for meeting the requirements of the
executive agency in furtherance of defense against or
recovery from terrorism or nuclear, biological, chemical, or
radiological attack. The head of the executive agency shall,
to the maximum extent practicable, take advantage of
commercially available market research methods, including use
of commercial databases, to carry out the research.
Subtitle G--Coast Guard
SEC. 761. PRESERVING COAST GUARD MISSION PERFORMANCE.
(a) Definitions.--In this section:
(1) Non-homeland security missions.--The term ``non-
homeland security missions'' means the following missions of
the Coast Guard:
(A) Marine safety.
(B) Search and rescue.
(C) Aids to navigation.
(D) Living marine resources (e.g., fisheries law
enforcement).
(E) Marine environmental protection.
(F) Ice operations.
(2) Homeland security missions.--The term ``homeland
security missions'' means the following missions of the Coast
Guard:
(A) Ports, waterways and coastal security.
(B) Drug interdiction.
(C) Migrant interdiction.
(D) Defense readiness.
(E) Other law enforcement.
(b) Transfer.--There are transferred to the Department the
authorities, functions, personnel, and assets of the Coast
Guard, which shall be maintained as a distinct entity within
the Department, including the authorities and functions of
the Secretary of Transportation relating thereto.
(c) Maintenance of Status of Functions and Assets.--
Notwithstanding any other provision of this Act, the
authorities, functions, assets, organizational structure,
units, personnel, and non-homeland security missions of the
Coast Guard shall be maintained intact and without reduction
after the transfer of the Coast Guard to the Department,
except as specified in subsequent Acts. Nothing in this
paragraph shall prevent the Coast Guard from replacing or
upgrading any asset with an asset of equivalent or greater
capabilities.
(d) Certain Transfers Prohibited.--
(1) In general.--None of the missions, functions,
personnel, and assets (including ships, aircraft,
helicopters, and vehicles) of the Coast Guard may be
transferred to the operational control of, or diverted to the
principal and continuing use of, any other organization,
unit, or entity of the Department.
(2) Applicability.--The restrictions in paragraph (1) shall
not apply--
(A) to any joint operation of less than 90 days between the
Coast Guard and other entities and organizations of the
Department; or
[[Page S9322]]
(B) to any detail or assignment of any individual member or
civilian employee of the Coast Guard to any other entity or
organization of the Department for the purposes of ensuring
effective liaison, coordination, and operations of the Coast
Guard and that entity or organization, except that the total
number of individuals detailed or assigned in this capacity
may not exceed 50 individuals during any fiscal year.
(e) Changes to Non-Homeland Security Missions.--
(1) Prohibition.--The Secretary may not make any
substantial or significant change to any of the non-homeland
security missions of the Coast Guard, or to the capabilities
of the Coast Guard to carry out each of the non-homeland
security missions, without the prior approval of Congress as
expressed in a subsequent Act. With respect to a change to
the capabilities of the Coast Guard to carry out each of the
non-homeland security missions, the restrictions in this
paragraph shall not apply when such change shall result in an
increase in those capabilities.
(2) Waiver.--The President may waive the restrictions under
paragraph (1) for a period of not to exceed 90 days upon a
declaration and certification by the President to Congress
that a clear, compelling, and immediate state of national
emergency exists that justifies such a waiver. A
certification under this paragraph shall include a detailed
justification for the declaration and certification,
including the reasons and specific information that
demonstrate that the Nation and the Coast Guard cannot
respond effectively to the national emergency if the
restrictions under paragraph (1) are not waived.
(f) Annual Review.--
(1) In general.--The Inspector General of the Department
shall conduct an annual review that shall assess thoroughly
the performance by the Coast Guard of all missions of the
Coast Guard (including non-homeland security missions and
homeland security missions) with a particular emphasis on
examining the non-homeland security missions.
(2) Report.--The Inspector General shall submit the
detailed results of the annual review and assessment required
by paragraph (1) not later than March 1 of each year directly
to--
(A) the Committee on Governmental Affairs of the Senate;
(B) the Committee on Government Reform of the House of
Representatives;
(C) the Committees on Appropriations of the Senate and the
House of Representatives;
(D) the Committee on Commerce, Science, and Transportation
of the Senate; and
(E) the Committee on Transportation and Infrastructure of
the House of Representatives.
(g) Direct Reporting to Secretary.--Upon the transfer of
the Coast Guard to the Department, the Commandant shall
report directly to the Secretary without being required to
report through any other official of the Department.
(h) Operation as a Service in the Navy.--None of the
conditions and restrictions in this section shall apply when
the Coast Guard operates as a service in the Navy under
section 3 of title 14, United States Code.
TITLE VIII--TRANSITION
SEC. 801. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' includes any entity,
organizational unit, or function; and
(2) Transition period.--The term ``transition period''
means the 12-month period beginning on the effective date of
this Act.
SEC. 802. TRANSFER OF AGENCIES.
The transfer of an agency to the Department shall occur
when the President so directs, but in no event later than the
end of the transition period. When an agency is transferred,
the President may also transfer to the Department any agency
established to carry out or support adjudicatory or review
functions in relation to the agency.
SEC. 803. TRANSITIONAL AUTHORITIES.
(a) Provision of Assistance by Officials.--Until the
transfer of an agency to the Department, any official having
authority over, or functions relating to, the agency
immediately before the effective date of this Act shall
provide to the Secretary such assistance, including the use
of personnel and assets, as the Secretary may request in
preparing for the transfer and integration of the agency into
the Department.
(b) Services and Personnel.--During the transition period,
upon the request of the Secretary, the head of any executive
agency may, on a reimbursable or nonreimbursable basis,
provide services or detail personnel to assist with the
transition.
(c) Acting Officials.--
(1) In general.--
(A) Designation.--During the transition period, pending the
advice and consent of the Senate to the appointment of an
officer required by this Act to be appointed by and with such
advice and consent, the President may designate any officer
whose appointment was required to be made by and with such
advice and consent and who was such an officer immediately
before the effective date of this Act (and who continues in
office) or immediately before such designation, to act in
such office until the same is filled as provided in this Act.
(B) Compensation.--While serving as an acting officer under
subparagraph (A), that officer shall receive compensation at
the higher of the rate provided--
(i) by this Act for the office in which that officer acts;
or
(ii) for the office held at the time of designation.
(2) Rule of construction.--Nothing in this Act shall be
construed to require the advice and consent of the Senate to
the appointment by the President to a position in the
Department of any officer whose--
(A) agency is transferred to the Department under this Act;
and
(B) duties following such transfer are germane to those
performed before such transfer.
(d) Transfer of Personnel, Assets, Liabilities, and
Functions.--Upon the transfer of an agency to the
Department--
(1) the personnel, assets, and liabilities held by or
available in connection with the agency shall be transferred
to the Secretary for appropriate allocation, subject to the
approval of the Director of the Office of Management and
Budget; and
(2) the Secretary shall have all functions--
(A) relating to the agency that any other official could by
law exercise in relation to the agency immediately before
such transfer; and
(B) vested in the Secretary by this Act or other law.
SEC. 804. SAVINGS PROVISIONS.
(a) Completed Administrative Actions.--
(1) In general.--Completed administrative actions of an
agency shall not be affected by the enactment of this Act or
the transfer of such agency to the Department, but shall
continue in effect according to their terms until amended,
modified, superseded, terminated, set aside, or revoked in
accordance with law by an officer of the United States or a
court of competent jurisdiction, or by operation of law.
(2) Included actions.--For purposes of paragraph (1), the
term ``completed administrative actions'' includes orders,
determinations, rules, regulations, personnel actions,
permits, agreements, grants, contracts, certificates,
licenses, registrations, and privileges.
(b) Pending Proceedings.--Subject to the authority of the
Secretary under this Act--
(1) pending proceedings in an agency, including notices of
proposed rulemaking, and applications for licenses, permits,
certificates, grants, and financial assistance, shall
continue notwithstanding the enactment of this Act or the
transfer of the agency to the Department, unless discontinued
or modified under the same terms and conditions and to the
same extent that such discontinuance could have occurred if
such enactment or transfer had not occurred; and
(2) orders issued in such proceedings, and appeals
therefrom, and payments made pursuant to such orders, shall
issue in the same manner and on the same terms as if this Act
had not been enacted or the agency had not been transferred,
and any such orders shall continue in effect until amended,
modified, superseded, terminated, set aside, or revoked by an
officer of the United States or a court of competent
jurisdiction, or by operation of law.
(c) Pending Civil Actions.--Subject to the authority of the
Secretary under this Act, pending civil actions shall
continue notwithstanding the enactment of this Act or the
transfer of an agency to the Department, and in such civil
actions, proceedings shall be had, appeals taken, and
judgments rendered and enforced in the same manner and with
the same effect as if such enactment or transfer had not
occurred.
(d) References.--References relating to an agency that is
transferred to the Department in statutes, Executive orders,
rules, regulations, directives, or delegations of authority
that precede such transfer or the effective date of this Act
shall be deemed to refer, as appropriate, to the Department,
to its officers, employees, or agents, or to its
corresponding organizational units or functions.
(e) Statutory Reporting Requirements.--Any statutory
reporting requirement that applied to an agency, transferred
to the Department under this Act, immediately before the
effective date of this Act shall continue to apply following
that transfer if the statutory requirement refers to the
agency by name.
(f) Employment Provisions.--Except as otherwise provided in
this Act, or under authority granted by this Act, the
transfer under this Act of personnel shall not alter the
terms and conditions of employment, including compensation,
of any employee so transferred.
SEC. 805. TERMINATIONS.
Except as otherwise provided in this Act, whenever all the
functions vested by law in any agency have been transferred
under this Act, each position and office the incumbent of
which was authorized to receive compensation at the rates
prescribed for an office or position at level II, III, IV, or
V, of the Executive Schedule, shall terminate.
SEC. 806. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in
consultation with the Secretary, is authorized and directed
to make such additional incidental dispositions of personnel,
assets, and liabilities held, used, arising from, available,
or to be made available, in connection with the functions
transferred by this Act, as the Director may determine
necessary to accomplish the purposes of this Act.
[[Page S9323]]
TITLE IX--CONFORMING AND TECHNICAL AMENDMENTS
SEC. 901. INSPECTOR GENERAL ACT.
Section 11 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended in paragraphs (1) and (2)--
(1) by inserting ``Homeland Security,'' after
``Transportation,'' each place it appears;
(2) by striking ``; and'' each place it appears and
inserting a semicolon;
(3) by striking ``,,'' and inserting a coma; and
(4) by striking ``;;'' each place it appears and inserting
a semicolon in each such place.
SEC. 902. EXECUTIVE SCHEDULE.
Chapter 53 of title 5, United States Code, is amended--
(1) in section 5312, by inserting after the item relating
to the Secretary of Veterans Affairs the following:
``Secretary of Homeland Security.'';
(2) in section 5313, by inserting after the item relating
to the Deputy Secretary of Transportation the following:
``Deputy Secretary of Homeland Security.'';
(3) in section 5314, by inserting after the item relating
to the Under Secretary for Memorial Affairs, Department of
Veterans Affairs the following:
``Under Secretaries, Department of Homeland Security.'';
and
(4) in section 5315, by inserting at the end the following:
``Assistant Secretaries, Department of Homeland Security.
``General Counsel, Department of Homeland Security.
``Chief Financial Officer, Department of Homeland Security.
``Chief Information Officer, Department of Homeland
Security.
``Inspector General, Department of Homeland Security.''.
SEC. 903. UNITED STATES SECRET SERVICE.
(a) Uniformed Division.--Section 202 of title 3, United
States Code, is amended by striking ``Secretary of the
Treasury'' and inserting ``Secretary of Homeland Security''.
(b) Reimbursement of State and Local Governments.--Section
208 of title 3, United States Code, is amended by striking
``Secretary of Treasury'' each place it appears and inserting
``Secretary of Homeland Security'' in each such place.
(c) Powers, Authorities, and Duties.--Section 3056 of title
18, United States Code, is amended by striking ``Secretary of
the Treasury'' each place it appears and inserting
``Secretary of Homeland Security'' in each such place.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of transfer of the United
States Secret Service to the Department.
SEC. 904. COAST GUARD.
(a) Title 14, U.S.C.--Title 14 of the United States Code is
amended--
(1) in sections 1, 3, 53, 95, 145, 516, 666, 669, 673 (as
added by Public Law 104-201), 673 (as added by Public Law
104-324), 674, 687, and 688, by striking ``of
Transportation'', each place it appears, and inserting ``of
Homeland Security''; and
(2) after executing the other amendments required by this
subsection, by redesignating the section 673 added by Public
Law 104-324 as section 673a.
(b) Title 10, U.S.C.--Section 801(1) of title 10, United
States Code, is amended by striking ``the General Counsel of
the Department of Transportation'' and inserting ``an
official designated to serve as Judge Advocate General of the
Coast Guard by the Secretary of Homeland Security''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of transfer of the Coast Guard
to the Department.
SEC. 905. STRATEGIC NATIONAL STOCKPILE AND SMALLPOX VACCINE
DEVELOPMENT.
(a) In General.--Section 121 of the Public Health Security
and Bioterrorism Preparedness and Response Act of 2002 is
amended--
(1) in subsection (a)(1)--
(A) by striking ``Secretary of Health and Human Services''
and inserting ``Secretary of Homeland Security'';
(B) by inserting ``the Secretary of Health and Human
Services and'' after ``in coordination with''; and
(C) by inserting ``of Health and Human Services'' after
``as are determined by the Secretary''; and
(2) in subsections (a)(2) and (b), by inserting ``of Health
and Human Services'' after ``Secretary'' each place it
appears.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of transfer of the Strategic
National Stockpile of the Department of Health and Human
Services to the Department.
SEC. 906. SELECT AGENT REGISTRATION.
(a) Public Health Service Act.--The Public Health Service
Act is amended--
(1) in section 351A(a)(1)(A), by inserting ``(as defined in
subsection (l)(9))'' after ``Secretary'';
(2) in section 351A(h)(2)(A), by inserting ``Department of
Homeland Security, the'' before ``Department of Health and
Human Services'';
(3) in section 351A(l), by inserting after paragraph (8)
the following:
``(9) The term `Secretary' means the Secretary of Homeland
Security, in consultation with the Secretary of Health and
Human Services.''; and
(4) in section 352A(i)--
(A) by striking ``(1)'' the first place it appears; and
(B) by striking paragraph (2).
(b) Public Health Security and Bioterrorism Preparedness
and Response Act of 2002.--Section 201(b) of the Public
Health Security and Bioterrorism Preparedness and Response
Act of 2002 is amended by striking ``Secretary of Health and
Human Services'' and inserting ``Secretary of Homeland
Security''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of transfer of the select agent
registration enforcement programs and activities of the
Department of Health and Human Services to the Department.
SEC. 907. NATIONAL BIO-WEAPONS DEFENSE ANALYSIS CENTER.
There is established in the Department of Defense a
National Bio-Weapons Defense Analysis Center, whose mission
is to develop countermeasures to potential attacks by
terrorists using weapons of mass destruction.
SEC. 908. MILITARY ACTIVITIES.
Except as specifically provided in this Act, nothing in
this Act shall confer upon the Secretary any authority to
engage in war fighting, the military defense of the United
States, or other traditional military activities.
DIVISION B--IMMIGRATION REFORM, ACCOUNTABILITY, AND SECURITY
ENHANCEMENT ACT OF 2002
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Immigration Reform,
Accountability, and Security Enhancement Act of 2002''.
SEC. 1002. DEFINITIONS.
In this division:
(1) Enforcement bureau.--The term ``Enforcement Bureau''
means the Bureau of Enforcement established in section 114 of
the Immigration and Nationality Act, as added by section 1105
of this Act.
(2) Function.--The term ``function'' includes any duty,
obligation, power, authority, responsibility, right,
privilege, activity, or program.
(3) Immigration enforcement functions.--The term
``immigration enforcement functions'' has the meaning given
the term in section 114(b)(2) of the Immigration and
Nationality Act, as added by section 1105 of this Act.
(4) Immigration laws of the united states.--The term
``immigration laws of the United States'' has the meaning
given the term in section 111(e) of the Immigration and
Nationality Act, as added by section 1102 of this Act.
(5) Immigration policy, administration, and inspection
functions.--The term ``immigration policy, administration,
and inspection functions'' has the meaning given the term in
section 112(b)(3) of the Immigration and Nationality Act, as
added by section 1103 of this Act.
(6) Immigration service functions.--The term ``immigration
service functions'' has the meaning given the term in section
113(b)(2) of the Immigration and Nationality Act, as added by
section 1104 of this Act.
(7) Office.--The term ``office'' includes any office,
administration, agency, bureau, institute, council, unit,
organizational entity, or component thereof.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(9) Service bureau.--The term ``Service Bureau'' means the
Bureau of Immigration Services established in section 113 of
the Immigration and Nationality Act, as added by section 1104
of this Act.
(10) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Homeland Security for Immigration
Affairs appointed under section 112 of the Immigration and
Nationality Act, as added by section 1103 of this Act.
SEC. 1003. TRANSFER OF IMMIGRATION AND NATURALIZATION SERVICE
FUNCTIONS.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and
liabilities of the Immigration and Naturalization Service of
the Department of Justice, including the functions of the
Attorney General relating thereto, to be restructured so as
to separate enforcement and service functions.
TITLE XI--DIRECTORATE OF IMMIGRATION AFFAIRS
Subtitle A--Organization
SEC. 1101. ABOLITION OF INS.
(a) In General.--The Immigration and Naturalization Service
is abolished.
(b) Repeal.--Section 4 of the Act of February 14, 1903, as
amended (32 Stat. 826; relating to the establishment of the
Immigration and Naturalization Service), is repealed.
SEC. 1102. ESTABLISHMENT OF DIRECTORATE OF IMMIGRATION
AFFAIRS.
(a) Establishment.--Title I of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) by inserting ``CHAPTER 1--DEFINITIONS AND GENERAL
AUTHORITIES'' after ``TITLE I--GENERAL''; and
(2) by adding at the end the following:
``CHAPTER 2--DIRECTORATE OF IMMIGRATION AFFAIRS
``SEC. 111. ESTABLISHMENT OF DIRECTORATE OF IMMIGRATION
AFFAIRS.
``(a) Establishment.--There is established within the
Department of Homeland Security the Directorate of
Immigration Affairs.
``(b) Principal Officers.--The principal officers of the
Directorate are the following:
``(1) The Under Secretary for Immigration Affairs appointed
under section 112.
``(2) The Assistant Secretary for Immigration Services
appointed under section 113.
[[Page S9324]]
``(3) The Assistant Secretary for Enforcement appointed
under section 114.
``(c) Functions.--Under the authority of the Secretary of
Homeland Security, the Directorate shall perform the
following functions:
``(1) Immigration policy and administration functions, as
defined in section 112(b).
``(2) Immigration service and adjudication functions, as
defined in section 113(b).
``(3) Immigration enforcement functions, as defined in
section 114(b), but does not include the functions described
in paragraphs (7) and (8) of section 131(b).
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Department of Homeland Security such sums as may be
necessary to carry out the functions of the Directorate.
``(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
``(e) Immigration Laws of the United States Defined.--In
this chapter, the term `immigration laws of the United
States' shall have the same meaning given such term in
section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17)).''.
(b) Conforming Amendments.--(1) The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(A) by striking section 101(a)(34) (8 U.S.C. 1101(a)(34))
and inserting the following:
``(34) The term `Directorate' means the Directorate of
Immigration Affairs established by section 111.'';
(B) by adding at the end of section 101(a) the following:
``(51) The term `Secretary' means the Secretary of Homeland
Security.
``(52) The term `Department' means the Department of
Homeland Security.'';
(C) by striking ``Attorney General'' and ``Department of
Justice'' each place it appears (other than the proviso in
section 103(a)(1) of the Immigration and Nationality Act) and
inserting ``Secretary'' and ``Department'', respectively;
(D) in section 101(a)(17) (8 U.S.C. 1101(a)(17)), by
striking ``The'' and inserting ``Except as otherwise provided
in section 111(e), the; and
(E) by striking ``Immigration and Naturalization Service'',
``Service'', and ``Service's'' each place they appear and
inserting ``Directorate of Immigration Affairs'',
``Directorate'', and ``Directorate's'', respectively.
(2) Section 6 of the Act entitled ``An Act to authorize
certain administrative expenses for the Department of
Justice, and for other purposes'', approved July 28, 1950 (64
Stat. 380), is amended--
(A) by striking ``Immigration and Naturalization Service''
and inserting ``Directorate of Immigration Affairs'';
(B) by striking clause (a); and
(C) by redesignating clauses (b), (c), (d), and (e) as
clauses (a), (b), (c), and (d), respectively.
(c) References.--Any reference in any statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding to
the Immigration and Naturalization Service shall be deemed to
refer to the Directorate of Immigration Affairs and the
Directorate of Border and Transportation Security of the
Department of Homeland Security, as appropriate, and any
reference in the immigration laws of the United States (as
defined in section 111(e) of the Immigration and Nationality
Act, as added by this section) to the Attorney General shall
be deemed to refer to the Secretary of Homeland Security,
acting through the Under Secretary for Immigration Affairs
and the Under Secretary for Border and Transportation
Security, as appropriate.
SEC. 1103. UNDER SECRETARY OF HOMELAND SECURITY FOR
IMMIGRATION AFFAIRS.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 of this Act, is
amended by adding at the end the following:
``SEC. 112. UNDER SECRETARY OF HOMELAND SECURITY FOR
IMMIGRATION AFFAIRS.
``(a) Under Secretary of Immigration Affairs.--The
Directorate shall be headed by an Under Secretary of Homeland
Security for Immigration Affairs who shall be appointed in
accordance with section 103(c) of the Immigration and
Nationality Act.
``(b) Responsibilities of the Under Secretary.--
``(1) In general.--The Under Secretary shall be charged
with any and all responsibilities and authority in the
administration of the Directorate and of this Act which are
conferred upon the Secretary as may be delegated to the Under
Secretary by the Secretary or which may be prescribed by the
Secretary.
``(2) Duties.--Subject to the authority of the Secretary
under paragraph (1), the Under Secretary shall have the
following duties:
``(A) Immigration policy.--The Under Secretary shall
develop and implement policy under the immigration laws of
the United States with respect to any function within the
jurisdiction of the Directorate. The Under Secretary shall
propose, promulgate, and issue rules, regulations, and
statements of policy with respect to any function within the
jurisdiction of the Directorate.
``(B) Administration.--The Under Secretary shall have
responsibility for--
``(i) the administration and enforcement of the functions
conferred upon the Directorate under section 111(c) of this
Act; and
``(ii) the administration of the Directorate, including the
direction, supervision, and coordination of the Bureau of
Immigration Services and the Bureau of Enforcement.
``(3) Activities.--As part of the duties described in
paragraph (2), the Under Secretary shall do the following:
``(A) Resources and personnel management.--The Under
Secretary shall manage the resources, personnel, and other
support requirements of the Directorate.
``(B) Information resources management.--Under the
direction of the Secretary, the Under Secretary shall manage
the information resources of the Directorate, including the
maintenance of records and databases and the coordination of
records and other information within the Directorate, and
shall ensure that the Directorate obtains and maintains
adequate information technology systems to carry out its
functions.
``(4) Definition.--In this chapter, the term `immigration
policy and administration' means the duties, activities, and
powers described in this subsection.
``(c) General Counsel.--
``(1) In general.--There shall be within the Directorate a
General Counsel, who shall be appointed by the Secretary of
Homeland Security, in consultation with the Under Secretary.
``(2) Function.--The General Counsel shall--
``(A) serve as the chief legal officer for the Directorate;
and
``(B) be responsible for providing specialized legal
advice, opinions, determinations, regulations, and any other
assistance to the Under Secretary with respect to legal
matters affecting the Directorate, and any of its components.
``(d) Financial Officers for the Directorate of Immigration
Affairs.--
``(1) Chief financial officer.--
``(A) In general.--There shall be within the Directorate a
Chief Financial Officer. The position of Chief Financial
Officer shall be a career reserved position in the Senior
Executive Service and shall have the authorities and
functions described in section 902 of title 31, United States
Code, in relation to financial activities of the Directorate.
For purposes of section 902(a)(1) of such title, the Under
Secretary shall be deemed to be an agency head.
``(B) Functions.--The Chief Financial Officer shall be
responsible for directing, supervising, and coordinating all
budget formulas and execution for the Directorate.
``(2) Deputy chief financial officer.--The Directorate
shall be deemed to be an agency for purposes of section 903
of such title (relating to Deputy Chief Financial Officers).
``(e) Chief of Congressional, Intergovernmental, and Public
Affairs.--
``(1) In general.--There shall be within the Directorate a
Chief of Congressional, Intergovernmental, and Public
Affairs. Under the authority of the Under Secretary, the
Chief of Congressional, Intergovernmental, and Public Affairs
shall be responsible for--
``(A) providing to Congress information relating to issues
arising under the immigration laws of the United States,
including information on specific cases;
``(B) serving as a liaison with other Federal agencies on
immigration issues; and
``(C) responding to inquiries from, and providing
information to, the media on immigration issues.
``(2) Within the senior executive service.--The position of
Chief of Congressional, Intergovernmental, and Public Affairs
shall be a Senior Executive Service position under section
5382 of title 5, United States Code.''.
(b) Compensation of General Counsel and Chief Financial
Officer.--Section 5316 of title 5, United States Code, is
amended by adding at the end the following:
``General Counsel, Directorate of Immigration Affairs,
Department of Homeland Security.
``Chief Financial Officer, Directorate of Immigration
Affairs, Department of Homeland Security.''.
(c) Repeals.--The following provisions of law are repealed:
(1) Section 7 of the Act of March 3, 1891, as amended (26
Stat. 1085; relating to the establishment of the office of
the Commissioner of Immigration and Naturalization).
(2) Section 201 of the Act of June 20, 1956 (70 Stat. 307;
relating to the compensation of assistant commissioners and
district directors).
(3) Section 1 of the Act of March 2, 1895 (28 Stat. 780;
relating to special immigrant inspectors).
(d) Conforming Amendments.--(1)(A) Section 101(a)(8) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(8)) is
amended to read as follows:
``(8) The term `Under Secretary' means the Under Secretary
for Immigration Affairs who is appointed under section
103(c).''.
(B) Except as provided in subparagraph (C), the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(i) by striking ``The Commissioner of Immigration and
Naturalization'' and ``The Commissioner'' each place they
appear and inserting ``The appropriate Under Secretary of the
Department of Homeland Security''; and
(ii) except as provided in paragraph (1), by striking
``Commissioner of Immigration and Naturalization'' and
``Commissioner'' each place they appear and inserting
``appropriate Under Secretary of the Department of Homeland
Security''.
(C) The amendments made by subparagraph (B) do not apply to
references to the ``Commissioner of Social Security'' in
section 290(c) of the Immigration and Nationality Act (8
U.S.C. 1360(c)).
[[Page S9325]]
(2) Section 103 of the Immigration and Nationality Act (8
U.S.C. 1103) is amended--
(A) in subsection (c), by striking ``Commissioner'' and
inserting ``Under Secretary'';
(B) in subsection (d), by striking ``Commissioner'' and
inserting ``Under Secretary''; and
(C) in subsection (e), by striking ``Commissioner'' and
inserting ``Under Secretary''.
(3) Sections 104 and 105 of the Immigration and Nationality
Act (8 U.S.C. 1104, 1105) are amended by striking
``Director'' each place it appears and inserting ``Assistant
Secretary of State for Consular Affairs''.
(4) Section 104(c) of the Immigration and Nationality Act
(8 U.S.C. 1104(c)) is amended--
(A) in the first sentence, by striking ``Passport Office, a
Visa Office,'' and inserting ``a Passport Services office, a
Visa Services office, an Overseas Citizen Services office,'';
and
(B) in the second sentence, by striking ``the Passport
Office and the Visa Office'' and inserting ``the Passport
Services office and the Visa Services office''.
(5) Section 5315 of title 5, United States Code, is amended
by striking the following:
``Commissioner of Immigration and Naturalization,
Department of Justice.''.
(e) References.--Any reference in any statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding to
the Commissioner of Immigration and Naturalization shall be
deemed to refer to the Under Secretary for Immigration
Affairs or the Under Secretary for Border and Transportation
Security, as appropriate.
SEC. 1104. BUREAU OF IMMIGRATION SERVICES.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
section 1103, is further amended by adding at the end the
following:
``SEC. 113. BUREAU OF IMMIGRATION SERVICES.
``(a) Establishment of Bureau.--
``(1) In general.--There is established within the
Directorate a bureau to be known as the Bureau of Immigration
Services (in this chapter referred to as the `Service
Bureau').
``(2) Assistant secretary.--The head of the Service Bureau
shall be the Assistant Secretary for Immigration Services (in
this chapter referred to as the `Assistant Secretary for
Immigration Services'), who--
``(A) shall be appointed by the Secretary, in consultation
with the Under Secretary; and
``(B) shall report directly to the Under Secretary.
``(b) Responsibilities of the Assistant Secretary.--
``(1) In general.--Subject to the authority of the
Secretary and the Under Secretary, the Assistant Secretary
for Immigration Services shall administer the immigration
service functions of the Directorate.
``(2) Immigration service functions defined.--In this
chapter, the term `immigration service functions' means the
following functions under the immigration laws of the United
States:
``(A) Adjudications of petitions for classification of
nonimmigrant and immigrant status.
``(B) Adjudications of applications for adjustment of
status and change of status.
``(C) Adjudications of naturalization applications.
``(D) Adjudications of asylum and refugee applications.
``(E) Adjudications performed at Service centers.
``(F) Determinations concerning custody and parole of
asylum seekers who do not have prior nonpolitical criminal
records and who have been found to have a credible fear of
persecution, including determinations under section 236B.
``(G) All other adjudications under the immigration laws of
the United States.
``(c) Chief Budget Officer of the Service Bureau.--There
shall be within the Service Bureau a Chief Budget Officer.
Under the authority of the Chief Financial Officer of the
Directorate, the Chief Budget Officer of the Service Bureau
shall be responsible for monitoring and supervising all
financial activities of the Service Bureau.
``(d) Quality Assurance.--There shall be within the Service
Bureau an Office of Quality Assurance that shall develop
procedures and conduct audits to--
``(1) ensure that the Directorate's policies with respect
to the immigration service functions of the Directorate are
properly implemented; and
``(2) ensure that Service Bureau policies or practices
result in sound records management and efficient and accurate
service.
``(e) Office of Professional Responsibility.--There shall
be within the Service Bureau an Office of Professional
Responsibility that shall have the responsibility for
ensuring the professionalism of the Service Bureau and for
receiving and investigating charges of misconduct or ill
treatment made by the public.
``(f) Training of Personnel.--The Assistant Secretary for
Immigration Services, in consultation with the Under
Secretary, shall have responsibility for determining the
training for all personnel of the Service Bureau.''.
(b) Service Bureau Offices.--
(1) In general.--Under the direction of the Secretary, the
Under Secretary, acting through the Assistant Secretary for
Immigration Services, shall establish Service Bureau offices,
including suboffices and satellite offices, in appropriate
municipalities and locations in the United States. In the
selection of sites for the Service Bureau offices, the Under
Secretary shall consider the location's proximity and
accessibility to the community served, the workload for which
that office shall be responsible, whether the location would
significantly reduce the backlog of cases in that given
geographic area, whether the location will improve customer
service, and whether the location is in a geographic area
with an increase in the population to be served. The Under
Secretary shall conduct periodic reviews to assess whether
the location and size of the respective Service Bureau
offices adequately serve customer service needs.
(2) Transition provision.--In determining the location of
Service Bureau offices, including suboffices and satellite
offices, the Under Secretary shall first consider maintaining
and upgrading offices in existing geographic locations that
satisfy the provisions of paragraph (1). The Under Secretary
shall also explore the feasibility and desirability of
establishing new Service Bureau offices, including suboffices
and satellite offices, in new geographic locations where
there is a demonstrated need.
SEC. 1105. BUREAU OF ENFORCEMENT.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
sections 1103 and 1104, is further amended by adding at the
end the following:
``SEC. 114. BUREAU OF ENFORCEMENT.
``(a) Establishment of Bureau.--
``(1) In general.--There is established within the
Directorate a bureau to be known as the Bureau of Enforcement
(in this chapter referred to as the `Enforcement Bureau').
``(2) Assistant secretary.--The head of the Enforcement
Bureau shall be the Assistant Secretary for Enforcement (in
this chapter referred to as the `Assistant Secretary for
Immigration Enforcement'), who--
``(A) shall be appointed by the Secretary of Homeland
Security, in consultation with the Under Secretary; and
``(B) shall report directly to the Under Secretary.
``(b) Responsibilities of the Assistant Secretary.--
``(1) In general.--Subject to the authority of the
Secretary and the Under Secretary, the Assistant Secretary
for Immigration Enforcement shall administer the immigration
enforcement functions of the Directorate.
``(2) Immigration enforcement functions defined.--In this
chapter, the term `immigration enforcement functions' means
the following functions under the immigration laws of the
United States:
``(A) The detention function, except as specified in
section 113(b)(2)(F).
``(B) The removal function.
``(C) The intelligence function.
``(D) The investigations function.
``(c) Chief Budget Officer of the Enforcement Bureau.--
There shall be within the Enforcement Bureau a Chief Budget
Officer. Under the authority of the Chief Financial Officer
of the Directorate, the Chief Budget Officer of the
Enforcement Bureau shall be responsible for monitoring and
supervising all financial activities of the Enforcement
Bureau.
``(d) Office of Professional Responsibility.--There shall
be within the Enforcement Bureau an Office of Professional
Responsibility that shall have the responsibility for
ensuring the professionalism of the Enforcement Bureau and
receiving charges of misconduct or ill treatment made by the
public and investigating the charges.
``(e) Office of Quality Assurance.--There shall be within
the Enforcement Bureau an Office of Quality Assurance that
shall develop procedures and conduct audits to--
``(1) ensure that the Directorate's policies with respect
to immigration enforcement functions are properly
implemented; and
``(2) ensure that Enforcement Bureau policies or practices
result in sound record management and efficient and accurate
recordkeeping.
``(f) Training of Personnel.--The Assistant Secretary for
Immigration Enforcement, in consultation with the Under
Secretary, shall have responsibility for determining the
training for all personnel of the Enforcement Bureau.''.
(b) Enforcement Bureau Offices.--
(1) In general.--Under the direction of the Secretary, the
Under Secretary, acting through the Assistant Secretary for
Immigration Enforcement, shall establish Enforcement Bureau
offices, including suboffices and satellite offices, in
appropriate municipalities and locations in the United
States. In the selection of sites for the Enforcement Bureau
offices, the Under Secretary shall make selections according
to trends in unlawful entry and unlawful presence, alien
smuggling, national security concerns, the number of Federal
prosecutions of immigration-related offenses in a given
geographic area, and other enforcement considerations. The
Under Secretary shall conduct periodic reviews to assess
whether the location and size of the respective Enforcement
Bureau offices adequately serve enforcement needs.
(2) Transition provision.--In determining the location of
Enforcement Bureau offices, including suboffices and
satellite offices, the Under Secretary shall first consider
maintaining and upgrading offices in existing geographic
locations that satisfy the provisions of paragraph (1). The
Under Secretary shall also explore the feasibility and
desirability
[[Page S9326]]
of establishing new Enforcement Bureau offices, including
suboffices and satellite offices, in new geographic locations
where there is a demonstrated need.
SEC. 1106. OFFICE OF THE OMBUDSMAN WITHIN THE DIRECTORATE.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
sections 1103, 1104, and 1105, is further amended by adding
at the end the following:
``SEC. 115. OFFICE OF THE OMBUDSMAN FOR IMMIGRATION AFFAIRS.
``(a) In General.--There is established within the
Directorate the Office of the Ombudsman for Immigration
Affairs, which shall be headed by the Ombudsman.
``(b) Ombudsman.--
``(1) Appointment.--The Ombudsman shall be appointed by the
Secretary of Homeland Security, in consultation with the
Under Secretary. The Ombudsman shall report directly to the
Under Secretary.
``(2) Compensation.--The Ombudsman shall be entitled to
compensation at the same rate as the highest rate of basic
pay established for the Senior Executive Service under
section 5382 of title 5, United States Code, or, if the
Secretary of Homeland Security so determines, at a rate fixed
under section 9503 of such title.
``(c) Functions of Office.--The functions of the Office of
the Ombudsman for Immigration Affairs shall include--
``(1) to assist individuals in resolving problems with the
Directorate or any component thereof;
``(2) to identify systemic problems encountered by the
public in dealings with the Directorate or any component
thereof;
``(3) to propose changes in the administrative practices or
regulations of the Directorate, or any component thereof, to
mitigate problems identified under paragraph (2);
``(4) to identify potential changes in statutory law that
may be required to mitigate such problems; and
``(5) to monitor the coverage and geographic distribution
of local offices of the Directorate.
``(d) Personnel Actions.--The Ombudsman shall have the
responsibility and authority to appoint local or regional
representatives of the Ombudsman's Office as in the
Ombudsman's judgment may be necessary to address and rectify
problems.
``(e) Annual Report.--Not later than December 31 of each
year, the Ombudsman shall submit a report to the Committee on
the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate on the activities of
the Ombudsman during the fiscal year ending in that calendar
year. Each report shall contain a full and substantive
analysis, in addition to statistical information, and shall
contain--
``(1) a description of the initiatives that the Office of
the Ombudsman has taken on improving the responsiveness of
the Directorate;
``(2) a summary of serious or systemic problems encountered
by the public, including a description of the nature of such
problems;
``(3) an accounting of the items described in paragraphs
(1) and (2) for which action has been taken, and the result
of such action;
``(4) an accounting of the items described in paragraphs
(1) and (2) for which action remains to be completed;
``(5) an accounting of the items described in paragraphs
(1) and (2) for which no action has been taken, the reasons
for the inaction, and identify any Agency official who is
responsible for such inaction;
``(6) recommendations as may be appropriate to resolve
problems encountered by the public;
``(7) recommendations as may be appropriate to resolve
problems encountered by the public, including problems
created by backlogs in the adjudication and processing of
petitions and applications;
``(8) recommendations to resolve problems caused by
inadequate funding or staffing; and
``(9) such other information as the Ombudsman may deem
advisable.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Office of the Ombudsman such sums as may be necessary
to carry out its functions.
``(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.''.
SEC. 1107. OFFICE OF IMMIGRATION STATISTICS WITHIN THE
DIRECTORATE.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
sections 1103, 1104, and 1105, is further amended by adding
at the end the following:
``SEC. 116. OFFICE OF IMMIGRATION STATISTICS.
``(a) Establishment.--There is established within the
Directorate an Office of Immigration Statistics (in this
section referred to as the `Office'), which shall be headed
by a Director who shall be appointed by the Secretary of
Homeland Security, in consultation with the Under Secretary.
The Office shall collect, maintain, compile, analyze,
publish, and disseminate information and statistics about
immigration in the United States, including information and
statistics involving the functions of the Directorate and the
Executive Office for Immigration Review.
``(b) Responsibilities of Director.--The Director of the
Office shall be responsible for the following:
``(1) Statistical information.--Maintenance of all
immigration statistical information of the Directorate of
Immigration Affairs.
``(2) Standards of reliability and validity.--Establishment
of standards of reliability and validity for immigration
statistics collected by the Bureau of Immigration Services,
the Bureau of Enforcement, and the Executive Office for
Immigration Review.
``(c) Relation to the Directorate of Immigration Affairs
and the Executive Office for Immigration Review.--
``(1) Other authorities.--The Directorate and the Executive
Office for Immigration Review shall provide statistical
information to the Office from the operational data systems
controlled by the Directorate and the Executive Office for
Immigration Review, respectively, as requested by the Office,
for the purpose of meeting the responsibilities of the
Director of the Office.
``(2) Databases.--The Director of the Office, under the
direction of the Secretary, shall ensure the interoperability
of the databases of the Directorate, the Bureau of
Immigration Services, the Bureau of Enforcement, and the
Executive Office for Immigration Review to permit the
Director of the Office to perform the duties of such
office.''.
(b) Transfer of Functions.--There are transferred to the
Directorate of Immigration Affairs for exercise by the Under
Secretary through the Office of Immigration Statistics
established by section 116 of the Immigration and Nationality
Act, as added by subsection (a), the functions performed by
the Statistics Branch of the Office of Policy and Planning of
the Immigration and Naturalization Service, and the
statistical functions performed by the Executive Office for
Immigration Review, on the day before the effective date of
this title.
SEC. 1108. CLERICAL AMENDMENTS.
The table of contents of the Immigration and Nationality
Act is amended--
(1) by inserting after the item relating to the heading for
title I the following:
``Chapter 1--Definitions and General Authorities'';
(2) by striking the item relating to section 103 and
inserting the following:
``Sec. 103. Powers and duties of the Secretary of Homeland Security and
the Under Secretary of Homeland Security for Immigration
Affairs.'';
and
(3) by inserting after the item relating to section 106 the
following:
``Chapter 2--Directorate of Immigration Affairs
``Sec. 111. Establishment of Directorate of Immigration Affairs.
``Sec. 112. Under Secretary of Homeland Security for Immigration
Affairs.
``Sec. 113. Bureau of Immigration Services.
``Sec. 114. Bureau of Enforcement.
``Sec. 115. Office of the Ombudsman for Immigration Affairs.
``Sec. 116. Office of Immigration Statistics.''.
Subtitle B--Transition Provisions
SEC. 1111. TRANSFER OF FUNCTIONS.
(a) In General.--
(1) Functions of the attorney general.--Except as provided
in subsection (c) and title XIII, all functions under the
immigration laws of the United States vested by statute in,
or exercised by, the Attorney General, immediately prior to
the effective date of this title, are transferred to the
Secretary on such effective date for exercise by the
Secretary through the Under Secretary in accordance with
section 112(b) of the Immigration and Nationality Act, as
added by section 1103 of this Act.
(2) Functions of the commissioner or the ins.--Except as
provided in subsection (c), all functions under the
immigration laws of the United States vested by statute in,
or exercised by, the Commissioner of Immigration and
Naturalization or the Immigration and Naturalization Service
(or any officer, employee, or component thereof), immediately
prior to the effective date of this title, are transferred to
the Directorate of Immigration Affairs on such effective date
for exercise by the Under Secretary in accordance with
section 112(b) of the Immigration and Nationality Act, as
added by section 1103 of this Act.
(b) Exercise of Authorities.--Except as otherwise provided
by law, the Under Secretary may, for purposes of performing
any function transferred to the Directorate of Immigration
Affairs under subsection (a), exercise all authorities under
any other provision of law that were available with respect
to the performance of that function to the official
responsible for the performance of the function immediately
before the effective date of the transfer of the function
under this title.
(c) Special Rule for Border Patrol and Inspection
Functions.--
(1) In general.--Notwithstanding subsections (a) and (b),
the border patrol function, and primary and secondary
immigration inspection functions, vested by statute in, or
exercised by, the Attorney General, the Commissioner of
Immigration and Naturalization, or the Immigration and
Naturalization Service (or any officer, employee, or
component thereof), immediately prior to the effective date
of this title, are transferred to the Secretary on such
effective date for exercise by the Under Secretary for Border
and Transportation in accordance with paragraphs (7) and (8)
of section 131(b).
[[Page S9327]]
(2) References.--With respect to the border patrol function
and primary and secondary immigration inspection functions,
references in this subtitle to--
(A) the Directorate shall be deemed to be references to the
Directorate of Border and Transportation Security; and
(B) the Under Secretary shall be deemed to be references to
the Under Secretary for Border and Transportation Security.
SEC. 1112. TRANSFER OF PERSONNEL AND OTHER RESOURCES.
Subject to section 1531 of title 31, United States Code,
upon the effective date of this title, there are transferred
to the appropriate Under Secretary for appropriate allocation
in accordance with section 1115--
(1) the personnel of the Department of Justice employed in
connection with the functions transferred under this title;
and
(2) the assets, liabilities, contracts, property, records,
and unexpended balance of appropriations, authorizations,
allocations, and other funds employed, held, used, arising
from, available to, or to be made available to the
Immigration and Naturalization Service in connection with the
functions transferred pursuant to this title.
SEC. 1113. DETERMINATIONS WITH RESPECT TO FUNCTIONS AND
RESOURCES.
The Secretary shall determine, in accordance with the
corresponding criteria set forth in sections 1112(b),
1113(b), and 1114(b) of the Immigration and Nationality Act
(as added by this title)--
(1) which of the functions transferred under section 1111
are--
(A) immigration policy and administration functions;
(B) immigration service functions;
(C) immigration enforcement functions (excluding the border
patrol function and primary and secondary immigration
inspection functions); and
(D) the border patrol function and primary and secondary
immigration inspection functions; and
(2) which of the personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds
transferred under section 1112 were held or used, arose from,
were available to, or were made available, in connection with
the performance of the respective functions specified in
paragraph (1) immediately prior to the effective date of this
title.
SEC. 1114. DELEGATION AND RESERVATION OF FUNCTIONS.
(a) Delegation to the Directorates.--The Secretary shall
delegate--
(1) through the Under Secretary and subject to section
112(b)(1) of the Immigration and Nationality Act (as added by
section 1103)--
(A) immigration service functions to the Assistant
Secretary for Immigration Services; and
(B) immigration enforcement functions to the Assistant
Secretary for Immigration Enforcement; and
(2) the border patrol function and primary and secondary
immigration inspection functions to the Under Secretary for
Border and Transportation Security.
(b) Nonexclusive Delegations Authorized.--Delegations made
under subsection (a) may be made on a nonexclusive basis as
the Secretary may determine may be necessary to ensure the
faithful execution of the Secretary's responsibilities and
duties under law.
(c) Effect of Delegations.--Except as otherwise expressly
prohibited by law or otherwise provided in this title, the
Secretary may make delegations under this subsection to such
officers and employees of the office of the Under Secretary
for Immigration Affairs, and the Under Secretary for Border
and Transportation Security, respectively, as the Secretary
may designate, and may authorize successive redelegations of
such functions as may be necessary or appropriate. No
delegation of functions under this subsection or under any
other provision of this title shall relieve the official to
whom a function is transferred under this title of
responsibility for the administration of the function.
(d) Statutory Construction.--Nothing in this division may
be construed to limit the authority of the Under Secretary,
acting directly or by delegation under the Secretary, to
establish such offices or positions within the Directorate of
Immigration Affairs, in addition to those specified by this
division, as the Under Secretary may determine to be
necessary to carry out the functions of the Directorate.
SEC. 1115. ALLOCATION OF PERSONNEL AND OTHER RESOURCES.
(a) Authority of the Under Secretary.--
(1) In general.--Subject to paragraph (2) and section
1114(b), the Under Secretary shall make allocations of
personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used,
arising from, available to, or to be made available in
connection with the performance of the respective functions,
as determined under section 1113, in accordance with the
delegation of functions and the reservation of functions made
under section 1114.
(2) Limitation.--Unexpended funds transferred pursuant to
section 1112 shall be used only for the purposes for which
the funds were originally authorized and appropriated.
(b) Authority To Terminate Affairs of INS.--The Attorney
General in consultation with the Secretary, shall provide for
the termination of the affairs of the Immigration and
Naturalization Service and such further measures and
dispositions as may be necessary to effectuate the purposes
of this division.
(c) Treatment of Shared Resources.--The Under Secretary is
authorized to provide for an appropriate allocation, or
coordination, or both, of resources involved in supporting
shared support functions for the office of the Under
Secretary, the Service Bureau, and the Enforcement Bureau.
The Under Secretary shall maintain oversight and control over
the shared computer databases and systems and records
management.
SEC. 1116. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, recognition
of labor organizations, agreements, including collective
bargaining agreements, certificates, licenses, and
privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Attorney General, the
Commissioner of the Immigration and Naturalization Service,
their delegates, or any other Government official, or by a
court of competent jurisdiction, in the performance of any
function that is transferred under this title; and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to
their terms as in effect on such effective date);
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other authorized
official, a court of competent jurisdiction, or operation of
law, except that any collective bargaining agreement shall
remain in effect until the date of termination specified in
the agreement.
(b) Proceedings.--
(1) Pending.--Sections 111 through 116 of the Immigration
and Nationality Act, as added by subtitle A of this title,
shall not affect any proceeding or any application for any
benefit, service, license, permit, certificate, or financial
assistance pending on the effective date of this title before
an office whose functions are transferred under this title,
but such proceedings and applications shall be continued.
(2) Orders.--Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be made
pursuant to such orders, as if this Act had not been enacted,
and orders issued in any such proceeding shall continue in
effect until modified, terminated, superseded, or revoked by
a duly authorized official, by a court of competent
jurisdiction, or by operation of law.
(3) Discontinuance or modification.--Nothing in this
section shall be considered to prohibit the discontinuance or
modification of any such proceeding under the same terms and
conditions and to the same extent that such proceeding could
have been discontinued or modified if this section had not
been enacted.
(c) Suits.--This title, and the amendments made by this
title, shall not affect suits commenced before the effective
date of this title, and in all such suits, proceeding shall
be had, appeals taken, and judgments rendered in the same
manner and with the same effect as if this title, and the
amendments made by this title, had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other
proceeding commenced by or against the Department of Justice
or the Immigration and Naturalization Service, or by or
against any individual in the official capacity of such
individual as an officer or employee in connection with a
function transferred pursuant to this section, shall abate by
reason of the enactment of this Act.
(e) Continuance of Suit With Substitution of Parties.--If
any Government officer in the official capacity of such
officer is party to a suit with respect to a function of the
officer, and such function is transferred under this title to
any other officer or office, then such suit shall be
continued with the other officer or the head of such other
office, as applicable, substituted or added as a party.
(f) Administrative Procedure and Judicial Review.--Except
as otherwise provided by this title, any statutory
requirements relating to notice, hearings, action upon the
record, or administrative or judicial review that apply to
any function transferred under this title shall apply to the
exercise of such function by the head of the office, and
other officers of the office, to which such function is
transferred.
SEC. 1117. INTERIM SERVICE OF THE COMMISSIONER OF IMMIGRATION
AND NATURALIZATION.
The individual serving as the Commissioner of Immigration
and Naturalization on the day before the effective date of
this title may serve as Under Secretary until the date on
which an Under Secretary is appointed under section 112 of
the Immigration and Nationality Act, as added by section
1103.
SEC. 1118. OTHER AUTHORITIES NOT AFFECTED.
Nothing in this title, or any amendment made by this title,
may be construed to authorize or require the transfer or
delegation of any function vested in, or exercised by--
(1) the Secretary of State under the State Department Basic
Authorities Act of 1956, or under the immigration laws of the
United States, immediately prior to the effective date of
this title, with respect to the issuance and use of passports
and visas;
[[Page S9328]]
(2) the Secretary of Labor or any official of the
Department of Labor immediately prior to the effective date
of this title, with respect to labor certifications or any
other authority under the immigration laws of the United
States; or
(3) except as otherwise specifically provided in this
division, any other official of the Federal Government under
the immigration laws of the United States immediately prior
to the effective date of this title.
SEC. 1119. TRANSITION FUNDING.
(a) Authorization of Appropriations for Transition.--
(1) In general.--There are authorized to be appropriated to
the Department of Homeland Security such sums as may be
necessary--
(A) to effect--
(i) the abolition of the Immigration and Naturalization
Service;
(ii) the establishment of the Directorate of Immigration
Affairs and its components, the Bureau of Immigration
Services, and the Bureau of Enforcement (except for the
border patrol function and primary and secondary immigration
inspection functions);
(iii) the transfer to the Directorate of Border and
Transportation Protection of the border patrol function and
primary and secondary immigration inspection functions; and
(iv) the transfer of such other functions as are required
to be made under this division; and
(B) to carry out any other duty that is made necessary by
this division, or any amendment made by this division.
(2) Activities supported.--Activities supported under
paragraph (1) include--
(A) planning for the transfer of functions from the
Immigration and Naturalization Service to the Directorate of
Immigration Affairs and the Directorate of Border and
Transportation Security, as appropriate, including the
preparation of any reports and implementation plans necessary
for such transfer;
(B) the division, acquisition, and disposition of--
(i) buildings and facilities;
(ii) support and infrastructure resources; and
(iii) computer hardware, software, and related
documentation;
(C) other capital expenditures necessary to effect the
transfer of functions described in this paragraph;
(D) revision of forms, stationery, logos, and signage;
(E) expenses incurred in connection with the transfer and
training of existing personnel and hiring of new personnel;
and
(F) such other expenses necessary to effect the transfers,
as determined by the Secretary.
(b) Availability of Funds.--Amounts appropriated pursuant
to subsection (a) are authorized to remain available until
expended.
(c) Transition Account.--
(1) Establishment.--There is established in the general
fund of the Treasury of the United States a separate account,
which shall be known as the ``Directorate of Immigration
Affairs Transition Account'' (in this section referred to as
the ``Account'').
(2) Use of account.--There shall be deposited into the
Account all amounts appropriated under subsection (a) and
amounts reprogrammed for the purposes described in subsection
(a).
(d) Report to Congress on Transition.--Beginning not later
than 90 days after the effective date of division A of this
Act, and at the end of each fiscal year in which
appropriations are made pursuant to subsection (c), the
Secretary of Homeland Security shall submit a report to
Congress concerning the availability of funds to cover
transition costs, including--
(1) any unobligated balances available for such purposes;
and
(2) a calculation of the amount of appropriations that
would be necessary to fully fund the activities described in
subsection (a).
(e) Effective Date.--This section shall take effect 1 year
after the effective date of division A of this Act.
Subtitle C--Miscellaneous Provisions
SEC. 1121. FUNDING ADJUDICATION AND NATURALIZATION SERVICES.
(a) Level of Fees.--Section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)) is amended by striking
``services, including the costs of similar services provided
without charge to asylum applicants or other immigrants'' and
inserting ``services''.
(b) Use of Fees.--
(1) In general.--Each fee collected for the provision of an
adjudication or naturalization service shall be used only to
fund adjudication or naturalization services or, subject to
the availability of funds provided pursuant to subsection
(c), costs of similar services provided without charge to
asylum and refugee applicants.
(2) Prohibition.--No fee may be used to fund adjudication-
or naturalization-related audits that are not regularly
conducted in the normal course of operation.
(c) Refugee and Asylum Adjudication Services.--
(1) Authorization of appropriations.--In addition to such
sums as may be otherwise available for such purposes, there
are authorized to be appropriated such sums as may be
necessary to carry out the provisions of sections 207 through
209 of the Immigration and Nationality Act.
(2) Availability of funds.--Funds appropriated pursuant to
paragraph (1) are authorized to remain available until
expended.
(d) Separation of Funding.--
(1) In general.--There shall be established separate
accounts in the Treasury of the United States for
appropriated funds and other collections available for the
Bureau of Immigration Services and the Bureau of Enforcement.
(2) Fees.--Fees imposed for a particular service,
application, or benefit shall be deposited into the account
established under paragraph (1) that is for the bureau with
jurisdiction over the function to which the fee relates.
(3) Fees not transferable.--No fee may be transferred
between the Bureau of Immigration Services and the Bureau of
Enforcement for purposes not authorized by section 286 of the
Immigration and Nationality Act, as amended by subsection
(a).
(e) Authorization of Appropriations for Backlog
Reduction.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary for each of the fiscal years
2003 through 2006 to carry out the Immigration Services and
Infrastructure Improvement Act of 2000 (title II of Public
Law 106-313).
(2) Availability of funds.--Amounts appropriated under
paragraph (1) are authorized to remain available until
expended.
(3) Infrastructure improvement account.--Amounts
appropriated under paragraph (1) shall be deposited into the
Immigration Services and Infrastructure Improvements Account
established by section 204(a)(2) of title II of Public Law
106-313.
SEC. 1122. APPLICATION OF INTERNET-BASED TECHNOLOGIES.
(a) Establishment of On-Line Database.--
(1) In general.--Not later than 2 years after the effective
date of division A, the Secretary, in consultation with the
Under Secretary and the Technology Advisory Committee, shall
establish an Internet-based system that will permit an
immigrant, nonimmigrant, employer, or other person who files
any application, petition, or other request for any benefit
under the immigration laws of the United States access to on-
line information about the processing status of the
application, petition, or other request.
(2) Privacy considerations.--The Under Secretary shall
consider all applicable privacy issues in the establishment
of the Internet system described in paragraph (1). No
personally identifying information shall be accessible to
unauthorized persons.
(3) Means of access.--The on-line information under the
Internet system described in paragraph (1) shall be
accessible to the persons described in paragraph (1) through
a personal identification number (PIN) or other personalized
password.
(4) Prohibition on fees.--The Under Secretary shall not
charge any immigrant, nonimmigrant, employer, or other person
described in paragraph (1) a fee for access to the
information in the database that pertains to that person.
(b) Feasibility Study for On-Line Filing and Improved
Processing.--
(1) On-line filing.--
(A) In general.--The Under Secretary, in consultation with
the Technology Advisory Committee, shall conduct a study to
determine the feasibility of on-line filing of the documents
described in subsection (a).
(B) Study elements.--The study shall--
(i) include a review of computerization and technology of
the Immigration and Naturalization Service (or successor
agency) relating to immigration services and the processing
of such documents;
(ii) include an estimate of the time-frame and costs of
implementing on-line filing of such documents; and
(iii) consider other factors in implementing such a filing
system, including the feasibility of the payment of fees on-
line.
(2) Report.--Not later than 2 years after the effective
date of division A, the Under Secretary shall submit to the
Committees on the Judiciary of the Senate and the House of
Representatives a report on the findings of the study
conducted under this subsection.
(c) Technology Advisory Committee.--
(1) Establishment.--Not later than 1 year after the
effective date of division A, the Under Secretary shall
establish, after consultation with the Committees on the
Judiciary of the Senate and the House of Representatives, an
advisory committee (in this section referred to as the
``Technology Advisory Committee'') to assist the Under
Secretary in--
(A) establishing the tracking system under subsection (a);
and
(B) conducting the study under subsection (b).
(2) Composition.--The Technology Advisory Committee shall
be composed of--
(A) experts from the public and private sector capable of
establishing and implementing the system in an expeditious
manner; and
(B) representatives of persons or entities who may use the
tracking system described in subsection (a) and the on-line
filing system described in subsection (b)(1).
SEC. 1123. ALTERNATIVES TO DETENTION OF ASYLUM SEEKERS.
(a) Assignments of Asylum Officers.--The Under Secretary
shall assign asylum officers to major ports of entry in the
United States to assist in the inspection of asylum seekers.
For other ports of entry, the Under Secretary shall take
steps to ensure that asylum officers participate in the
inspections process.
[[Page S9329]]
(b) Amendment of the Immigration and Nationality Act.--
Chapter 4 of title II of the Immigration and Nationality Act
(8 U.S.C. 1221 et seq.) is amended by inserting after section
236A the following new section:
``SEC. 236B. ALTERNATIVES TO DETENTION OF ASYLUM SEEKERS.
``(a) Development of Alternatives to Detention.--The Under
Secretary shall--
``(1) authorize and promote the utilization of alternatives
to the detention of asylum seekers who do not have
nonpolitical criminal records; and
``(2) establish conditions for the detention of asylum
seekers that ensure a safe and humane environment.
``(b) Specific Alternatives for Consideration.--The Under
Secretary shall consider the following specific alternatives
to the detention of asylum seekers described in subsection
(a):
``(1) Parole from detention.
``(2) For individuals not otherwise qualified for parole
under paragraph (1), parole with appearance assistance
provided by private nonprofit voluntary agencies with
expertise in the legal and social needs of asylum seekers.
``(3) For individuals not otherwise qualified for parole
under paragraph (1) or (2), non-secure shelter care or group
homes operated by private nonprofit voluntary agencies with
expertise in the legal and social needs of asylum seekers.
``(4) Noninstitutional settings for minors such as foster
care or group homes operated by private nonprofit voluntary
agencies with expertise in the legal and social needs of
asylum seekers.
``(c) Regulations.--The Under Secretary shall promulgate
such regulations as may be necessary to carry out this
section.
``(d) Definition.--In this section, the term `asylum
seeker' means any applicant for asylum under section 208 or
any alien who indicates an intention to apply for asylum
under that section.''.
(b) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act is amended by inserting after
the item relating to section 236A the following new item:
``Sec. 236B. Alternatives to detention of asylum seekers.''.
Subtitle D--Effective Date
SEC. 1131. EFFECTIVE DATE.
This title, and the amendments made by this title, shall
take effect one year after the effective date of division A
of this Act.
TITLE XII--UNACCOMPANIED ALIEN JUVENILE PROTECTION
SEC. 1201. UNACCOMPANIED ALIEN JUVENILES.
(a) Custody Determinations.--
(1) In general.--
(A) Initial custody and care.--The custody and care of an
unaccompanied alien juvenile shall be the responsibility of
the Under Secretary of Immigration Affairs in the Department
of Homeland Security or the Under Secretary of Border and
Transportation Security, as determined under guidelines to be
promulgated by the Secretary.
(B) Transfer of custody and care.--Unless the juvenile is
described in subsection (b), the Department of Homeland
Security shall transfer custody and care of that juvenile to
the Office of Refugee Resettlement of the Department of
Health and Human Services.
(2) Exception.--Notwithstanding paragraph (1), the
Directorate of Immigration Affairs shall retain or assume the
custody and care of an unaccompanied alien juvenile--
(A) who has been charged with a felony;
(B) who has been convicted of a felony;
(C) who exhibits a violent or criminal behavior that
endangers others; or
(D) with respect to whom the Secretary of Homeland Security
has a substantial evidence to conclude that such juvenile
endangers the national security of the United States.
(b) Functions.--
(1) In general.--Pursuant to subsection (a)(2), the
Director of the Office of Refugee Resettlement shall be
responsible for--
(A) coordinating and implementing the custody and care of
unaccompanied alien juveniles who are in Federal custody by
reason of their immigration status, including developing a
plan to be submitted to the Congress on how to ensure that
qualified and independent legal counsel is timely appointed
to represent the interests of each such juvenile, consistent
with the law regarding appointment of counsel that is in
effect on the date of the enactment of this Act;
(B) ensuring that the interests of the juvenile are
considered in decisions and actions relating to the custody
and care of an unaccompanied alien juvenile;
(C) making placement determinations for all unaccompanied
alien juveniles who are in Federal custody by reason of their
immigration status;
(D) implementing placement determinations for such
unaccompanied alien juveniles;
(E) implementing policies with respect to the care and
placement of unaccompanied alien juveniles;
(F) identifying a sufficient number of qualified
individuals, entities, and facilities to house unaccompanied
alien juveniles;
(G) overseeing the infrastructure and personnel of
facilities in which unaccompanied alien juveniles are housed;
(H) reuniting unaccompanied alien juveniles with a parent
abroad in appropriate cases;
(I) compiling, updating, and publishing at least annually a
State-by-State list of professionals or other entities
qualified to provide guardian and attorney representation
services for unaccompanied alien juveniles;
(J) maintaining statistical information and other data on
unaccompanied alien juveniles for whose care and placement
the Director is responsible, which shall include--
(i) biographical information, such as a juvenile's name,
sex, date of birth, country of birth, and country of habitual
residence;
(ii) the date on which the juvenile came into Federal
custody by reason of his or her immigration status;
(iii) information relating to the juvenile's placement,
removal, or release from each facility in which the juvenile
has resided;
(iv) in any case in which the juvenile is placed in
detention or released, an explanation relating to the
detention or release; and
(v) the disposition of any actions in which the juvenile is
the subject;
(K) collecting and compiling statistical information from
the Department of Justice, the Department of Homeland
Security, and the Department of State on each department's
actions relating to unaccompanied alien juveniles; and
(L) conducting investigations and inspections of facilities
and other entities in which unaccompanied alien juveniles
reside.
(2) Coordination with other entities; no release on own
recognizance.--In making determinations described in
paragraph (1)(C), the Director of the Office of Refugee
Resettlement--
(A) shall consult with appropriate juvenile justice
professionals, the Director of Immigration Affairs of the
Department of Homeland Security to ensure that the
unaccompanied alien juveniles with respect to whom the
placement determinations are made--
(i) are likely to appear for all hearings or proceedings in
which they are involved;
(ii) are protected from smugglers, traffickers, or others
who might seek to victimize or otherwise engage them in
criminal, harmful, or exploitative activity; and
(iii) are placed in a setting in which they not likely to
pose a danger to themselves or others; and
(B) shall not release such juveniles upon their own
recognizance.
(3) Duties with respect to foster care.-- In carrying out
the duties described in paragraph (1)(G), the Director of the
Office of Refugee Resettlement is encouraged to consider the
use of the refugee children foster care system established
pursuant to section 412(d) of the Immigration and Nationality
Act (8 U.S.C. 1522(d)) for the placement of unaccompanied
alien juveniles.
(c) Appropriate Conditions for Detention of Unaccompanied
Alien Juveniles.--
(1) In general.--An unaccompanied alien juvenile described
in subsection (a)(2) may be placed in a facility appropriate
for delinquent juveniles under conditions appropriate to the
behavior of such juvenile.
(2) Restriction on detention in adult detention
facilities.--To the maximum extent practicable, and
consistent with the protection of the juvenile and others, an
unaccompanied alien juvenile shall not be placed in an adult
detention facility.
(d) Rule of Construction.--Nothing in this section may be
construed to transfer the responsibility for adjudicating
benefit determinations or making enforcement determinations
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) from the authority of any official of the Department of
Justice, the Department of Homeland Security, or the
Department of State, as the case may be.
(e) Transfer of Functions.--There are transferred to the
Director of the Office of Refugee Resettlement of the
Department of Health and Human Services functions under the
immigration and nationality laws of the United States with
respect to the custody and care of unaccompanied alien
juveniles that were vested by statute in, or performed by,
the Commissioner of the Immigration and Naturalization
Service (or any officer, employee, or component of the
Immigration and Naturalization Service) immediately before
the effective date specified in subsection (i).
(f) Other Transition Matters.--
(1) Exercise of authorities.--Except as otherwise provided
by law, a Federal official to whom a function is transferred
by this section may, for purposes of performing the function,
exercise all authorities under any other provision of law
that were available with respect to the performance of that
function to the official responsible for the performance of
the function immediately before the effective date specified
in subsection (i).
(2) Savings provisions.--Subsections (a), (b), and (c) of
section 812 shall apply to a transfer of functions under this
section in the same manner as such provisions apply to a
transfer of functions under this Act to the Department of
Homeland Security.
(3) Transfer and allocation of appropriations.--The assets,
liabilities, contracts, property, records, and unexpended
balance of appropriations, authorizations, allocations, and
other funds employed, held, used, arising from, available to,
or to be made available to, the Immigration and
Naturalization Service in connection with the functions
transferred by this section, subject to section 202 of the
Budget and Accounting Procedures Act of 1950, shall be
transferred to the Director of the Office of Refugee
Resettlement for allocation to the appropriate component of
the Department of Health and
[[Page S9330]]
Human Services. Unexpended funds transferred pursuant to this
paragraph shall be used only for the purposes for which the
funds were originally authorized and appropriated.
(g) References.--With respect to any function transferred
by this section, any reference in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or pertaining to a component of
government from which such function is transferred--
(1) to the head of such component is deemed to refer to the
Director of the Office of Refugee Resettlement; or
(2) to such component is deemed to refer to the Office of
Refugee Resettlement of the Department of Health and Human
Services.
(h) Definitions.--In this section:
(1) Lawfully present in the united states.--The term
``lawfully present in the United States'' means, with respect
to an alien, an alien who is--
(A) an alien who is lawfully admitted for permanent
residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act);
(B) an alien who is a nonimmigrant alien described in
section 101(a)(15) of the Immigration and Nationality Act;
(C) an alien who is a special immigrant described in
section 101(a)(27) of the Immigration and Nationality Act;
(D) an alien who is granted asylum under section 208 of
that Act;
(E) a refugee who is admitted to the United States under
section 207 of that Act;
(F) an alien who is paroled into the United States under
section 212(d)(5) of that Act; or
(G) an alien whose deportation is being withheld under
section 243(h) of the Immigration and Nationality Act (as in
effect before April 1, 1997) or section 241(b)(3) of the
Immigration and Nationality Act.
(2) Placement.--The term ``placement'' means the placement
of an unaccompanied alien juvenile in either a detention
facility or an alternative to such a facility.
(3) Unaccompanied alien juvenile.--The term ``unaccompanied
alien juvenile'' means an alien who--
(A) is not lawfully present in the United States;
(B) has not attained 18 years of age; and
(C) with respect to whom--
(i) there is no parent or legal guardian in the United
States; or
(ii) no parent or legal guardian in the United States is
available to provide care and physical custody.
(i) Effective Date.--Notwithstanding section 4, this
section shall take effect on the date on which the transfer
of functions specified under section 411 takes effect.
TITLE XIII--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
SEC. 1301. LEGAL STATUS OF EOIR.
(a) Existence of EOIR.--There is in the Department of
Justice the Executive Office for Immigration Review, which
shall be subject to the direction and regulation of the
Attorney General under section 103(g) of the Immigration and
Nationality Act, as added by section 1302.
SEC. 1302. AUTHORITIES OF THE ATTORNEY GENERAL.
Section 103 of the Immigration and Nationality Act (8
U.S.C. 1103) as amended by this Act, is further amended by--
(1) amending the heading to read as follows:
``powers and duties of the secretary, the under secretary, and the
attorney general'';
(2) in subsection (a)--
(A) by inserting ``Attorney General,'' after
``President,''; and
(B) by redesignating paragraphs (8), (9), (8) (as added by
section 372 of Public Law 104-208), and (9) (as added by
section 372 of Public Law 104-208) as paragraphs (8), (9),
(10), and (11), respectively; and
(3) by adding at the end the following new subsection:
``(g) Attorney General.--
``(1) In general.--The Attorney General shall have such
authorities and functions under this Act and all other laws
relating to the immigration and naturalization of aliens as
were exercised by the Executive Office for Immigration
Review, or by the Attorney General with respect to the
Executive Office for Immigration Review, on the day before
the effective date of the Immigration Reform, Accountability
and Security Enhancement Act of 2002.
``(2) Powers.--The Attorney General shall establish such
regulations, prescribe such forms of bond, reports, entries,
and other papers, issue such instructions, review such
administrative determinations in immigration proceedings,
delegate such authority, and perform such other acts as the
Attorney General determines to be necessary for carrying out
this section.''.
SEC. 1303. STATUTORY CONSTRUCTION.
Nothing in this Act, any amendment made by this Act, or in
section 103 of the Immigration and Nationality Act, as
amended by section 1302, shall be construed to limit judicial
deference to regulations, adjudications, interpretations,
orders, decisions, judgments, or any other actions of the
Secretary of Homeland Security or the Attorney General.
DIVISION C--FEDERAL WORKFORCE IMPROVEMENT
TITLE XXI--CHIEF HUMAN CAPITAL OFFICERS
SEC. 2101. SHORT TITLE.
This title may be cited as the ``Chief Human Capital
Officers Act of 2002''.
SEC. 2102. AGENCY CHIEF HUMAN CAPITAL OFFICERS.
(a) In General.--Part II of title 5, United States Code, is
amended by inserting after chapter 13 the following:
``CHAPTER 14--AGENCY CHIEF HUMAN CAPITAL OFFICERS
``Sec.
``1401. Establishment of agency Chief Human Capital Officers.
``1402. Authority and functions of agency Chief Human Capital Officers.
``Sec. 1401. Establishment of agency Chief Human Capital
Officers
``The head of each agency referred to under paragraphs (1)
and (2) of section 901(b) of title 31 shall appoint or
designate a Chief Human Capital Officer, who shall--
``(1) advise and assist the head of the agency and other
agency officials in carrying out the agency's
responsibilities for selecting, developing, training, and
managing a high-quality, productive workforce in accordance
with merit system principles;
``(2) implement the rules and regulations of the President
and the Office of Personnel Management and the laws governing
the civil service within the agency; and
``(3) carry out such functions as the primary duty of the
Chief Human Capital Officer.
``Sec. 1402. Authority and functions of agency Chief Human
Capital Officers
``(a) The functions of each Chief Human Capital Officer
shall include--
``(1) setting the workforce development strategy of the
agency;
``(2) assessing workforce characteristics and future needs
based on the agency's mission and strategic plan;
``(3) aligning the agency's human resources policies and
programs with organization mission, strategic goals, and
performance outcomes;
``(4) developing and advocating a culture of continuous
learning to attract and retain employees with superior
abilities;
``(5) identifying best practices and benchmarking studies,
and
``(6) applying methods for measuring intellectual capital
and identifying links of that capital to organizational
performance and growth.
``(b) In addition to the authority otherwise provided by
this section, each agency Chief Human Capital Officer--
``(1) shall have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other
material that--
``(A) are the property of the agency or are available to
the agency; and
``(B) relate to programs and operations with respect to
which that agency Chief Human Capital Officer has
responsibilities under this chapter; and
``(2) may request such information or assistance as may be
necessary for carrying out the duties and responsibilities
provided by this chapter from any Federal, State, or local
governmental entity.''.
(b) Technical and Conforming Amendment.--The table of
chapters for chapters for part II of title 5, United States
Code, is amended by inserting after the item relating to
chapter 13 the following:
``14. Agency Chief Human Capital Officers...................1401''.....
SEC. 2103. CHIEF HUMAN CAPITAL OFFICERS COUNCIL.
(a) Establishment.--There is established a Chief Human
Capital Officers Council, consisting of--
(1) the Director of the Office of Personnel Management, who
shall act as chairperson of the Council;
(2) the Deputy Director for Management of the Office of
Management and Budget, who shall act as vice chairperson of
the Council; and
(3) the Chief Human Capital Officers of Executive
departments and any other members who are designated by the
Director of the Office of Personnel Management.
(b) Functions.--The Chief Human Capital Officers Council
shall meet periodically to advise and coordinate the
activities of the agencies of its members on such matters as
modernization of human resources systems, improved quality of
human resources information, and legislation affecting human
resources operations and organizations.
(c) Employee Labor Organizations at Meetings.--The Chief
Human Capital Officers Council shall ensure that
representatives of Federal employee labor organizations are
present at a minimum of 1 meeting of the Council each year.
Such representatives shall not be members of the Council.
(d) Annual Report.--Each year the Chief Human Capital
Officers Council shall submit a report to Congress on the
activities of the Council.
SEC. 2104. STRATEGIC HUMAN CAPITAL MANAGEMENT.
Section 1103 of title 5, United States Code, is amended by
adding at the end the following:
``(c)(1) The Office of Personnel Management shall design a
set of systems, including appropriate metrics, for assessing
the management of human capital by Federal agencies.
``(2) The systems referred to under paragraph (1) shall be
defined in regulations of the Office of Personnel Management
and include standards for--
``(A)(i) aligning human capital strategies of agencies with
the missions, goals, and organizational objectives of those
agencies; and
[[Page S9331]]
``(ii) integrating those strategies into the budget and
strategic plans of those agencies;
``(B) closing skill gaps in mission critical occupations;
``(C) ensuring continuity of effective leadership through
implementation of recruitment, development, and succession
plans;
``(D) sustaining a culture that cultivates and develops a
high performing workforce;
``(E) developing and implementing a knowledge management
strategy supported by appropriate investment in training and
technology; and
``(F) holding managers and human resources officers
accountable for efficient and effective human resources
management in support of agency missions in accordance with
merit system principles.''.
SEC. 2105. EFFECTIVE DATE.
This title shall take effect 180 days after the date of
enactment of this division.
TITLE XXII--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
SEC. 2201. INCLUSION OF AGENCY HUMAN CAPITAL STRATEGIC
PLANNING IN PERFORMANCE PLANS AND PROGRAMS
PERFORMANCE REPORTS.
(a) Performance Plans.--Section 1115 of title 31, United
States Code, is amended--
(1) in subsection (a), by striking paragraph (3) and
inserting the following:
``(3) provide a description of how the performance goals
and objectives are to be achieved, including the operation
processes, training, skills and technology, and the human,
capital, information, and other resources and strategies
required to meet those performance goals and objectives.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following:
``(f) With respect to each agency with a Chief Human
Capital Officer, the Chief Human Capital Officer shall
prepare that portion of the annual performance plan described
under subsection (a)(3).''.
(b) Program Performance Reports.--Section 1116(d) of title
31, United States Code, is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) include a review of the performance goals and
evaluation of the performance plan relative to the agency's
strategic human capital management; and''.
SEC. 2202. REFORM OF THE COMPETITIVE SERVICE HIRING PROCESS.
(a) In General.--Chapter 33 of title 5, United States Code,
is amended--
(1) in section 3304(a)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period and inserting
``; and''; and
(C) by adding at the end of the following:
``(3) authority for agencies to appoint, without regard to
the provision of sections 3309 through 3318, candidates
directly to positions for which--
``(A) public notice has been given; and
``(B) the Office of Personnel Management has determined
that there exists a severe shortage of candidates or there is
a critical hiring need.
The Office shall prescribe, by regulation, criteria for
identifying such positions and may delegate authority to make
determinations under such criteria.''; and
(2) by inserting after section 3318 the following:
``Sec. 3319. Alternative ranking and selection procedures
``(a) The Office, in exercising its authority under section
3304, or an agency to which the Office has delegated
examining authority under section 1104(a)(2), may establish
category rating systems for evaluating applicants for
positions in the competitive service, under 2 or more quality
categories based on merit consistent with regulations
prescribed by the Office of Personnel Management, rather than
assigned individual numerical ratings.
``(b) Within each quality category established under
subsection (a), preference-eligibles shall be listed ahead of
individuals who are not preference eligibles. For other than
scientific and professional positions at GS-9 of the General
Schedule (equivalent or higher), qualified preference-
eligibles who have a compensable service-connected disability
of 10 percent or more shall be listed in the highest quality
category.
``(c)(1) An appointing official may select any applicant in
the highest quality category or, if fewer than 3 candidates
have been assigned to the highest quality category, in a
merged category consisting of the highest and the second
highest quality categories.
``(2) Notwithstanding paragraph (1), the appointing
official may not pass over a preference-eligible in the same
category from which selection is made, unless the
requirements of section 3317(b) or 3318(b), as applicable,
are satisfied.
``(d) Each agency that establishes a category rating system
under this section shall submit in each of the 3 years
following that establishment, a report to Congress on that
system including information on--
``(1) the number of employees hired under that system;
``(2) the impact that system has had on the hiring of
veterans and minorities, including those who are American
Indian or Alaska Natives, Asian, Black or African American,
and native Hawaiian or other Pacific Islanders; and
``(3) the way in which managers were trained in the
administration of that system.
``(e) The Office of Personnel Management may prescribe such
regulations as it considers necessary to carry out the
provisions of this section.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 33 of title 5, United States Code, is
amended by striking the item relating to section 3319 and
inserting the following:
``3319. Alternative ranking and selection procedures.''.
SEC. 2203. PERMANENT EXTENSION, REVISION, AND EXPANSION OF
AUTHORITIES FOR USE OF VOLUNTARY SEPARATION
INCENTIVE PAY AND VOLUNTARY EARLY RETIREMENT.
(a) Voluntary Separation Incentive Payments.--
(1) In general.--
(A) Amendment to title 5, united states code.--Chapter 35
of title 5, United States Code, is amended by inserting after
subchapter I the following:
``SUBCHAPTER II--VOLUNTARY SEPARATION INCENTIVE PAYMENTS
``Sec. 3521. Definitions
``In this subchapter, the term--
``(1) `agency' means an Executive agency as defined under
section 105; and
``(2) `employee'--
``(A) means an employee as defined under section 2105
employed by an agency and an individual employed by a county
committee established under section 8(b)(5) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C.
590h(b)(5)) who--
``(i) is serving under an appointment without time
limitation; and
``(ii) has been currently employed for a continuous period
of at least 3 years; and
``(B) shall include--
``(i) a reemployed annuitant under subchapter III of
chapter 83 or 84 or another retirement system for employees
of the Government;
``(ii) an employee having a disability on the basis of
which such employee is or would be eligible for disability
retirement under subchapter III of chapter 83 or 84 or
another retirement system for employees of the Government.
``(iii) an employee who is in receipt of a decision notice
of involuntary separation for misconduct or unacceptable
performance;
``(iv) an employee who has previously received any
voluntary separation incentive payment from the Federal
Government under this subchapter or any other authority;
``(v) an employee covered by statutory reemployment rights
who is on transfer employment with another organization; or
``(vi) any employee who--
``(I) during the 36-month period preceding the date of
separation of that employee, performed service for which a
student loan repayment benefit was or is to be paid under
section 5379;
``(II) during the 24-month period preceding the date of
separation of that employee, performed service for which a
recruitment or relocation bonus was or is to be paid under
section 5753; or
``(III) during the 12-month period preceding the date of
separation of that employee, performed service for which a
retention bonus was or is to be paid under section 5754.
``Sec. 3522. Agency plans; approval
``(a) Before obligating any resources for voluntary
separation incentive payments, the head of each agency shall
submit to the Office of Personnel Management a plan outlining
the intended use of such incentive payments and a proposed
organizational chart for the agency once such incentive
payments have been completed.
``(b) The plan of an agency under subsection (a) shall
include--
``(1) the specific positions and functions to be reduced or
eliminated;
``(2) a description of which categories of employees will
be offered incentives;
``(3) the time period during which incentives may be paid;
``(4) the number and amounts of voluntary separation
incentive payments to be offered; and
``(5) a description of how the agency will operate without
the eliminated positions and functions.
``(c) The Director of the Office of Personnel Management
shall review each agency's plan an may make any appropriate
modifications in the plan, in consultation with the Director
of the Office of Management and Budget. A plan under this
section may not be implemented without the approval of the
Directive of the Office of Personnel Management.
``Sec. 3523. Authority to provide voluntary separation
incentive payments
``(a) A voluntary separation incentive payment under this
subchapter may be paid to an employee only as provided in the
plan of an agency established under section 3522.
``(b) A voluntary incentive payment--
``(1) shall be offered to agency employees on the basis
of--
``(A) 1 or more organizational units;
``(B) 1 or more occupational series or levels;
``(C) 1 or more geographical locations;
``(D) skills, knowledge, or other factors related to a
position;
[[Page S9332]]
``(E) specific periods of time during which eligible
employees may elect a voluntary incentive payment; or
``(F) any appropriate combination of such factors;
``(2) shall be paid in a lump sum after the employee's
separation;
``(3) shall be equal to the lesser of--
``(A) an amount equal to the amount the employee would be
entitled to receive under section 5595(c)if the employee were
entitled to payment under such section (without adjustment
for any previous payment made); or
``(B) an amount determined by the agency head, not to
exceed $25,000;
``(4) may be made only in the case of an employee who
voluntarily separates (whether by retirement or resignation)
under this subchapter;
``(5) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
``(6) shall not be taken into account in determining the
amount of any severance pay to which the employee may be
entitled under section 5595, based on another other
separation; and
``(7) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
``Sec. 3524. Effect of subsequent employment with the
Government
``(a) The term `employment'--
``(1) in subsection (b) includes employment under a
personal services contract (or other direct contract) with
the United States Government (other than an entity in the
legislative branch); and
``(2) in subsection (c) does not include employment under
such a contract.
``(b) An individual who has received a voluntary separation
incentive payment under this subchapter and accepts any
employment for compensation with the Government of the United
States with 5 years after the date of the separation on which
the payment is based shall be required to pay, before the
individual's first day of employment, the entire amount of
the incentive payment to he agency that paid the incentive
payment.
``(c)(1) If the employment under this section is with an
agency, other than the General Accounting Office, the United
States Postal Service, or the Postal Rate Commission, the
Director of the Office of Personnel Management may, at the
request of the head of the agency, may waive the repayment
if--
``(A) the individual involved possesses unique abilities
and is the only qualified applicant available for the
position; or
``(B) in case of an emergency involving a direct threat to
life or property, the individual--
``(i) has skills directly related to resolving the
emergency; and
``(ii) will serve on a temporary basis only so long as that
individual's services are made necessary by the emergency.
``(2) If the employment under this section is with an
entity in the legislative branch, the head of the entity or
the appointing official may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
``(3) If the employment under this section is with the
judicial branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
``Sec. 3525. Regulations
``The Office of Personnel Management may prescribe
regulations to carry out this subchapter.''.
(B) Technical and conforming amendments.--Chapter 35 of
title 5, United States Code, is amended--
(i) by striking the chapter heading and inserting the
following:
``CHAPTER 35--RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE
PAYMENTS, RESTORATION, AND REEMPLOYMENT'';
and
(ii) in the table of sections by inserting after the item
relating to section 3504 the following:
``Subchapter II--Voluntary Separation Incentive Payments
``3521. Definitions.
``3522. Agency plans; approval.
``3523. Authority to provide voluntary separation incentive payments.
``3524. Effect of subsequent employment with the Government.
``3525. Regulations.''.
(2) Administrative office of the united states courts.--The
Director of the Administrative Office of the United States
Courts may, by regulation, establish a program substantially
similar to the program established under paragraph (1) for
individuals serving in the judicial branch.
(3) Continuation of other authority.--Any agency exercising
any voluntary separation incentive authority in effect on the
effective date of this subsection may continue to offer
voluntary separation incentives consistent with that
authority until that authority expires.
(4) Effective date.--This subsection shall take effect 60
days after the date of enactment of this Act.
(b) Federal Employee Voluntary Early Retirement.--
(1) Civil service retirement system.--Section 8336(d)(2) of
title 5, United States Code, is amended to read as follows:
``(2)(A) has been employed continuously, by the agency in
which the employee is serving, for at least the 31-day period
ending on the date on which such agency requests the
determination referred to in subparagraph (D);
``(B) is serving under an appointment that is not time
limited;
``(C) has not been duly notified that such employee is to
be involuntarily separated for misconduct or unacceptable
performance;
``(D) is separated from the service voluntarily during a
period in which, as determined by the office of Personnel
Management (upon request of the agency) under regulations
prescribed by the Office--
``(i) such agency (or, if applicable, the component in
which the employee is serving) is undergoing substantial
delayering, substantial reorganization, substantial
reductions in force, substantial transfer of function, or
other substantial workforce restructuring (or shaping);
``(ii) a significant percentage of employees servicing in
such agency (or component) are likely to be separated or
subject to an immediate reduction in the rate of basic pay
(without regard to subchapter VI of chapter 53, or comparable
provisions); or
``(iii) identified as being in positions which are becoming
surplus or excess to the agency's future ability to carry out
its mission effectively; and
``(E) as determined by the agency under regulations
prescribed by the Office, is within the scope of the offer of
voluntary early retirement, which may be made on the basis
of--
``(i) 1 or more organizational units;
``(ii) 1 or more occupational series or levels;
``(iii) 1 or more geographical locations;
``(iv) specific periods;
``(v) skills, knowledge, or other factors related to a
position; or
``(vi) any appropriate combination of such factors;''.
(2) Federal employees' retirement system.--Section
8414(b)(1) of title 5, United States Code, is amended by
striking subparagraph (B) and inserting the following:
``(B)(i) has been employed continuously, by the agency in
which the employee is serving, for at least the 31-day period
ending on the date on which such agency requests the
determination referred to in clause (iv);
``(ii) is serving under an appointment that is not time
limited;
``(iii) has not been duly notified that such employee is to
be involuntarily separated for misconduct or unacceptable
performance;
``(iv) is separate from the service voluntarily during a
period in which, as determined by the Office of Personnel
Management (upon request of the agency) under regulations
prescribed by the Office--
``(I) such agency (or, if applicable, the component in
which the employee is serving) is undergoing substantial
delayering, substantial reorganization, substantial
reductions in force, substantial transfer of function, or
other substantial workforce restructuring (or shaping);
``(II) a significant percentage of employees serving in
such agency (or component) are likely to be separated or
subject to an immediate reduction in the rate of basic pay
(without regard to subchapter VI of chapter 53, or comparable
provisions); or
``(III) identified as being in positions which are becoming
surplus or excess to the agency's future ability to carry out
its mission effectively; and
``(v) as determined by the agency under regulations
prescribed by the Office, is within the scope of the offer of
voluntary early retirement, which may be made on the basis
of--
``(I) 1 or more organizational units;
``(II) 1 or more occupational series or levels;
``(III) 1 or more geographical locations;
``(IV) specific periods;
``(V) skills, knowledge, or other factors related to a
position; or
``(VI) any appropriate combination of such factors.''.
(3) General accounting office authority.--The amendments
made by this subsection shall not be construed to affect the
authority under section 1 of Public Law 106-303 (5 U.S.C.
8336 note; 114 State. 1063).
(4) Technical and conforming amendments.--Section 7001 of
the 1998 Supplemental Appropriations and Rescissions Act
(Public Law 105-174; 112 Stat. 91) is repealed.
(5) Regulations.--The Office of Personnel Management may
prescribe regulations to carry out this subsection.
(c) Sense of Congress.--It is the sense of Congress that
the implementation of this section is intended to reshape the
Federal workforce and not downsize the Federal workforce.
SEC. 2204. STUDENT VOLUNTEER TRANSIT SUBSIDY.
(a) In General.--Section 7905(a)(1) of title 5, United
States Code, is amended by striking ``and a member of a
uniformed service'' and inserting ``, a member of a uniformed
service, and a student who provides voluntary services under
section 3111''.
(b) Technical and Conforming Amendment.--Section 3111(c)(1)
of title 5, United States Code, is amended by striking
``chapter 81 of this title'' and inserting ``section 7905
(relating to commuting by means other than single-occupancy
motor vehicles), chapter 81''.
[[Page S9333]]
TITLE XXIII--REFORMS RELATING TO THE SENIOR EXECUTIVE SERVICE
SEC. 2301. REPEAL OF RECERTIFICATION REQUIREMENTS OF SENIOR
EXECUTIVES.
(a) In General.--Title 5, United States Code, is amended--
(1) in chapter 33--
(A) in section 3393(g) by striking ``3393a'';
(B) by repealing section 3393a; and
(C) in the table of sections by striking the item relating
to section 3393a;
(2) in chapter 35--
(A) in section 3592(a)--
(i) in paragraph (1), by inserting ``or'' at the end;
(ii) in paragraph (2), by striking ``or'' at the end;
(iii) by striking paragraph (3); and
(iv) by striking the last sentence;
(B) in section 3593(a), by striking paragraph (2) and
inserting the following:
``(2) the appointee left the Senior Executive Service for
reasons other than misconduct, neglect of duty, malfeasance,
or less than fully successful executive performance as
determined under subchapter II of chapter 43.''; and
(C) in section 3594(b)--
(i) in paragraph (1), by inserting ``or'' at the end;
(ii) in paragraph (2), by striking ``or'' at the end; and
(iii) by striking paragraph (3);
(3) in section 7701(c)(1)(A), by striking ``or removal from
the Senior Executive Service for failure to be recertified
under section 3393a'';
(4) in chapter 83--
(A) in section 8336(h)(1), by striking ``for failure to be
recertified as a senior executive under section 3393a or'';
and
(B) in section 8339(h), in the first sentence, by striking
``, except that such reduction shall not apply in the case of
an employee retiring under section 8336(h) for failure to be
recertified as a senior executive''; and
(5) in chapter 84--
(A) in section 8414(a)(1), by striking ``for failure to be
recertified as a senior executive under section 3393a or'';
and
(B) in section 8421(a)(2), by striking ``, except that an
individual entitled to an annuity under section 8414(a) for
failure to be recertified as a senior executive shall be
entitled to an annuity supplement without regard to such
applicable retirement age''.
(b) Savings Provision.--Notwithstanding the amendments made
by subsection (a)(2)(A), an appeal under the final sentence
of section 3592(a) of title 5, United States Code, that is
pending on the day before the effective date of this
section--
(1) shall not abate by reason of the enactment of the
amendments made by subsection (a)(2)(A); and
(2) shall continue as if such amendments had not been
enacted.
(c) Application.--The amendment made by subsection
(a)(2)(B) shall not apply with respect to an individual who,
before the effective date of this section, leaves the Senior
Executive Service for failure to be recertified as a senior
executive under section 3393a of title 5, United States Code.
SEC. 2302. ADJUSTMENT OF LIMITATION ON TOTAL ANNUAL
COMPENSATION.
Section 5307(a) of title 5, United States Code, is amended
by adding at the end the following:
``(3) Notwithstanding paragraph (1), the total payment
referred to under such paragraph with respect to an employee
paid under section 5372, 5376, or 5383 of title 5 or section
332(f), 603, or 604 of title 28 shall not exceed the total
annual compensation payable to the Vice President under
section 104 of title 3. Regulations prescribed under
subsection (c) may extend the application of this paragraph
to other equivalent categories of employees.''.
TITLE XXIV--ACADEMIC TRAINING
SEC. 2401. ACADEMIC TRAINING.
(a) Academic Degree Training.--Section 4107 of title 5,
United States Code, is amended to read as follows:
``Sec. 4107. Academic degree training
``(a) Subject to subsection (b), an agency may select and
assign an employee to academic degree training and may pay or
reimburse the costs of academic degree training from
appropriated or other available funds if such training--
``(1) contributes significantly to--
``(A) meeting an identified agency training need;
``(B) resolving an identified agency staffing problem; or
``(C) accomplishing goals in the strategic plan of the
agency;
``(2) is part of a planned, systemic, and coordinated
agency employee development program linked to accomplishing
the strategic goals of the agency; and
``(3) is accredited and is provided by a college or
university that is accredited by a nationally recognized
body.
``(b) In exercising authority under subsection (a), an
agency shall--
``(1) consistent with the merit system principles set forth
in paragraphs (2) and (7) of section 2301(b), take into
consideration the need to--
``(A) maintain a balanced workforce in which women, members
of racial and ethnic minority groups, and persons with
disabilities are appropriately represented in Government
service; and
``(B) provide employees effective education and training to
improve organizational and individual performance;
``(2) assure that the training is not for the sole purpose
of providing an employee an opportunity to obtain an academic
degree or qualify for appointment to a particular position
for which the academic degree is a basic requirement;
``(3) assure that no authority under this subsection is
exercised on behalf of any employee occupying or seeking to
qualify for--
``(A) a noncareer appointment in the senior Executive
Service; or
``(B) appointment to any position that is excepted from the
competitive service because of its confidential policy-
determining, policy-making or policy-advocating character;
and
``(4) to the greatest extent practicable, facilitate the
use of online degree training.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 41 of title 5, United States Code, is
amended by striking the item relating to section 4107 and
inserting the following:
``4107. Academic degree training.''.
SEC. 2402. MODIFICATIONS TO NATIONAL SECURITY EDUCATION
PROGRAM.
(a) Findings and Policies.--
(1) Findings.--Congress finds that--
(A) the United States Government actively encourages and
financially supports the training, education, and development
of many United States citizens;
(B) as a condition of some of those supports, many of those
citizens have an obligation to seek either compensated or
uncompensated employment in the Federal sector; and
(C) it is in the United States national interest to
maximize the return to the Nation of funds invested in the
development of such citizens by seeking to employ them in the
Federal sector.
(2) Policy.--It shall be the policy of the United States
Government to--
(A) establish procedures for ensuring that United States
citizens who have incurred service obligations as the result
of receiving financial support for education and training
from the United States Government and have applied for
Federal positions are considered in all recruitment and
hiring initiatives of Federal departments, bureaus, agencies,
and offices; and
(B) advertise and open all Federal positions to United
States citizens who have incurred service obligations with
the United States Government as the result of receiving
financial support for education and training from the United
States Government.
(b) Fulfillment of Service Requirement if National Security
Positions Are Unavailable.--Section 802(b)(2) of the David L.
Boren National Security Education Act of 1991 (50 U.S.C.
1902) is amended--
(1) in subparagraph (A), by striking clause (ii) and
inserting the following:
``(ii) if the recipient demonstrates to the Secretary (in
accordance with such regulations) that no national security
position in an agency or office of the Federal Government
having national security responsibilities is available, work
in other offices or agencies of the Federal Government or in
the field of higher education in a discipline relating to the
foreign country, foreign language, area study, or
international field of study for which the scholarship was
awarded, for a period specified by the Secretary, which
period shall be determined in accordance with clause (i);
or''; and
(2) in subparagraph (B), by striking clause (ii) and
inserting the following:
``(ii) if the recipient demonstrates to the Secretary (in
accordance with such regulations) that no national security
position is available upon the completion of the degree, work
in other offices or agencies of the Federal Government or in
the field of higher education in a discipline relating to
foreign country, foreign language, area study, or
international field of study for which the fellowship was
awarded, for a period specified by the Secretary, which
period shall be determined in accordance with clause (i);
and''.
SEC. 2403. COMPENSATION TIME OFF FOR TRAVEL.
Subchapter V of chapter 55 of title 5, United States Code,
is amended by adding at end the following:
``Sec. 5550b. Compensatory time off for travel
``(a) An employee shall receive 1 hour of compensatory time
off for each hour spent by the employee in travel status away
from the official duty station of the employee, to the extent
that the time spent in travel status is not otherwise
compensable.
``(b) Not later than 30 days after the date of enactment of
this section, the Office of Personnel Management shall
prescribe regulations to implement this section.''.
SEC. 2404. EXTENSION OF CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended
by striking ``September 30, 2003'' and inserting ``December
31, 2007.''.
TITLE XXXI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED
STATES
SEC. 3101. ESTABLISHMENT OF COMMISSION.
There is established the National Commission on Terrorist
Attacks Upon the United States (in this title referred to as
the ``Commission'').
SEC. 3102. PURPOSES.
The purposes of the Commission are to--
(1) examine and report upon the facts and causes relating
to the terrorist attacks of
[[Page S9334]]
September 11, 2001, occurring at the World Trade Center in
New York, New York and at the Pentagon in Virginia;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the attacks;
(3) build upon the investigations of other entities, and
avoid unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of--
(A) the Joint Inquiry of the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives regarding the
terrorist attacks of September 11, 2001;
(B) other executive branch, congressional, or independent
commission investigations into the terrorist attacks of
September 11, 2001, other terrorist attacks, and terrorism
generally;
(4) make a full and complete accounting of the
circumstances surrounding the attacks, and the extent of the
United States' preparedness for, and response to, the
attacks; and
(5) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for corrective
measures that can be taken to prevent acts of terrorism.
SEC. 3103. COMPOSITION OF THE COMMISSION.
(a) Members.--The Commission shall be composed of 10
members, of whom--
(1) 3 members shall be appointed by the majority leader of
the Senate;
(2) 3 members shall be appointed by the Speaker of the
House of Representatives;
(3) 2 members shall be appointed by the minority leader of
the Senate; and
(4) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Chairperson; Vice Chairperson.--
(1) In general.--Subject to paragraph (2), the Chairperson
and Vice Chairperson of the Commission shall be elected by
the members.
(2) Political party affiliation.--The Chairperson and Vice
Chairperson shall not be from the same political party.
(c) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the
Federal Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, law enforcement, the armed services,
legal practice, public administration, intelligence
gathering, commerce, including aviation matters, and foreign
affairs.
(4) Initial meeting.--If 60 days after the date of
enactment of this Act, 6 or more members of the Commission
have been appointed, those members who have been appointed
may meet and, if necessary, select a temporary chairperson,
who may begin the operations of the Commission, including the
hiring of staff.
(d) Quorum; Vacancies.--After its initial meeting, the
Commission shall meet upon the call of the chairperson or a
majority of its members. Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
SEC. 3104. FUNCTIONS OF THE COMMISSION.
The functions of the Commission are to--
(1) conduct an investigation that--
(A) investigates relevant facts and circumstances relating
to the terrorist attacks of September 11, 2001, including any
relevant legislation, Executive order, regulation, plan,
policy, practice, or procedure; and
(B) may include relevant facts and circumstances relating
to--
(i) intelligence agencies;
(ii) law enforcement agencies;
(iii) diplomacy;
(iv) immigration, nonimmigrant visas, and border control;
(v) the flow of assets to terrorist organizations;
(vi) commercial aviation; and
(vii) other areas of the public and private sectors
determined relevant by the Commission for its inquiry;
(2) identify, review, and evaluate the lessons learned from
the terrorist attacks of September 11, 2001, regarding the
structure, coordination, management policies, and procedures
of the Federal Government, and, if appropriate, State and
local governments and nongovernmental entities, relative to
detecting, preventing, and responding to such terrorist
attacks; and
(3) submit to the President and Congress such reports as
are required by this title containing such findings,
conclusions, and recommendations as the Commission shall
determine, including proposing organization, coordination,
planning, management arrangements, procedures, rules, and
regulations.
SEC. 3105. POWERS OF THE COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this title--
(A) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths; and
(B) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, and documents, as
the Commission or such designated subcommittee or designated
member may determine advisable.
(2) Subpoenas.--
(A) Issuance.--Subpoenas issued under paragraph (1)(B) may
be issued under the signature of the chairperson of the
Commission, the vice chairperson of the Commission, the
chairperson of any subcommittee created by a majority of the
Commission, or any member designated by a majority of the
Commission, and may be served by any person designated by the
chairperson, subcommittee chairperson, or member.
(B) Enforcement.--
(i) In general.--In the case of contumacy or failure to
obey a subpoena issued under paragraph (1)(B), the United
States district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, or
where the subpoena is returnable, may issue an order
requiring such person to appear at any designated place to
testify or to produce documentary or other evidence. Any
failure to obey the order of the court may be punished by the
court as a contempt of that court.
(ii) Additional enforcement.--In the case of any failure of
any witness to comply with any subpoena or to testify when
summoned under authority of this section, the Commission may,
by majority vote, certify a statement of fact constituting
such failure to the appropriate United States attorney, who
may bring the matter before the grand jury for its action,
under the same statutory authority and procedures as if the
United States attorney had received a certification under
sections 102 through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Closed Meetings.--
(1) In general.--Meetings of the Commission may be closed
to the public under section 10(d) of the Federal Advisory
Committee Act (5 U.S.C. App.) or other applicable law.
(2) Additional authority.--In addition to the authority
under paragraph (1), section 10(a)(1) and (3) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to any
portion of a Commission meeting if the President determines
that such portion or portions of that meeting is likely to
disclose matters that could endanger national security. If
the President makes such determination, the requirements
relating to a determination under section 10(d) of that Act
shall apply.
(c) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter
into contracts to enable the Commission to discharge its
duties under this title.
(d) Information From Federal Agencies.--The Commission is
authorized to secure directly from any executive department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Government
information, suggestions, estimates, and statistics for the
purposes of this title. Each department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request made by
the chairperson, the chairperson of any subcommittee created
by a majority of the Commission, or any member designated by
a majority of the Commission.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States are authorized to provide to
the Commission such services, funds, facilities, staff, and
other support services as they may determine advisable and as
may be authorized by law.
(f) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(g) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
SEC. 3106. STAFF OF THE COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairperson, in
accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission
to carry out its functions, without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any personnel
of the Commission who
[[Page S9335]]
are employees shall be employees under section 2105 of title
5, United States Code, for purposes of chapters 63, 81, 83,
84, 85, 87, 89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall not be
construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(c) Consultant Services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at
rates not to exceed the daily rate paid a person occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
SEC. 3107. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
SEC. 3108. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.
The appropriate executive departments and agencies shall
cooperate with the Commission in expeditiously providing to
the Commission members and staff appropriate security
clearances in a manner consistent with existing procedures
and requirements, except that no person shall be provided
with access to classified information under this section who
would not otherwise qualify for such security clearance.
SEC. 3109. REPORTS OF THE COMMISSION; TERMINATION.
(a) Initial Report.--Not later than 6 months after the date
of the first meeting of the Commission, the Commission shall
submit to the President and Congress an initial report
containing such findings, conclusions, and recommendations
for corrective measures as have been agreed to by a majority
of Commission members.
(b) Additional Reports.--Not later than 1 year after the
submission of the initial report of the Commission, the
Commission shall submit to the President and Congress a
second report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed
to by a majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this title, shall terminate 60 days after the date on which
the second report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the second report.
SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission
to carry out this title $3,000,000, to remain available until
expended.
TITLE XXXII
SEC. . PRESERVATION OF THE PRESIDENTIAL NATIONAL SECURITY
POWER.
``Notwithstanding any other provision in this Act, nothing
in this Act shall be construed to take away the statutory
authority of the President to act in a manner consistent with
national security requirements and considerations as existed
on the day of the terrorist attacks on September 11, 2001.''
These provisions shall take effect two days after the date
of enactment.
______
SA 4745. Mr. DASCHLE submitted an amendment intended to be proposed
to amendment SA 4744 submitted by Mr. Daschle and intended to be
proposed to the amendment SA 4471 proposed by Mr. Lieberman to the bill
H.R. 5005, to establish the Department of Homeland Security, and for
other purposes; which was ordered to lie on the table; as follows:
On page 96, strike line 2 and all that follows through page
109, line 13, and insert the following:
SEC. 730 ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT SYSTEM.
(a) Authority.--
(1) Sense of congress.--It is the sense of Congress that--
(A) it is extremely important that employees of the
Department be allowed to participate in a meaningful way in
the creation of any human resources management system
affecting them;
(B) such employees have the most direct knowledge of the
demands of their jobs and have a direct interest in ensuring
that their human resources management system is conducive to
achieving optimal operational efficiencies;
(C) the 21st century human resources management system
envisioned for the Department should be one that benefits
from the input of its employees; and
(D) this collaborative effort will help secure our
homeland.
(2) In general.--Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following:
``CHAPTER 97--DEPARTMENT OF HOMELAND SECURITY
``Sec.
``9701. Establishment of human resources management system.
``Sec. 9701. Establishment of human resources management
system
``(a) In General.--Notwithstanding any other provision of
this part, the Secretary may, in regulations prescribed
jointly with the Director of the Office of Personnel
Management, establish, and from time to time adjust, a human
resources management system for some or all of the
organizational units of the Department.
``(b) System Requirements.--Any system established under
subsection (a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of merit and fitness
set forth in section 2301, including the principles of hiring
based on merit, fair treatment without regard to political
affiliation or other nonmerit considerations, equal pay for
equal work, and protection of employees against reprisal for
whistleblowing;
``(B) any provision of section 2302, relating to prohibited
personnel practices;
``(C)(i) any provision of law referred to in section
2302(b)(1); or
``(ii) any provision of law implementing any provision of
law referred to in section 2302(b)(1) by--
``(I) providing for equal employment opportunity through
affirmative action; or
``(II) providing any right or remedy available to any
employee or applicant for employment in the civil service;
``(D) any other provision of this part (as described in
subsection (c)); or
``(E) any rule or regulation prescribed under any provision
of law referred to in any of the preceding subparagraphs of
this paragraph;
``(4) ensure that employees may organize, bargain
collectively, and participate through labor organizations of
their own choosing in decisions which affect them, subject to
any exclusion from coverage or limitation on negotiability
established by law; and
``(5) permit the use of a category rating system for
evaluating applicants for positions in the competitive
service.
``(c) Other Nonwaivable Provisions.--The other provisions
of this part as referred to in subsection (b)(3)(D), are (to
the extent not otherwise specified in subparagraph (A), (B),
(C), or (D) of subsection (b)(3))--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55, 57, 59, 71, 72, 73, 77, and
79, and this chapter.
``(d) Limitations Relating to Pay.--Nothing in this section
shall constitute authority--
``(1) to modify the pay of any employee who serves in--
``(A) an Executive Schedule position under subchapter II of
chapter 53 of title 5, United States Code; or
``(B) a position for which the rate of basic pay is fixed
in statute by reference to a section or level under
subchapter II of chapter 53 of such title 5;
``(2) to fix pay for any employee or position at an annual
rate greater than the maximum amount of cash compensation
allowable under section 5307 of such title 5 in a year; or
``(3) to exempt any employee from the application of such
section 5307.
``(e) Provisions To Ensure Collaboration With Employee
Representatives.--
``(1) In general.--In order to ensure that the authority of
this section is exercised in collaboration with, and in a
manner that ensures the direct participation of employee
representatives in the planning development, and
implementation of any human resources management system or
adjustments under this section, the Secretary and the
Director of the Office of Personnel Management shall provide
for the following:
``(A) Notice of proposal.-- The Secretary and the Director
shall, with respect to any proposed system or adjustment--
``(i) provide to each employee representative representing
any employees who might be affected, a written description of
the proposed system or adjustment (including the reasons why
it is considered necessary);
``(ii) give each representative at least 60 days (unless
extraordinary circumstances require earlier action) to review
and make recommendations with respect to the proposal; and
``(iii) give any recommendations received from any such
representatives under clause (ii) full and fair consideration
in deciding whether or how to proceed with the proposal.
``(B) Preimplementation requirements.--If the Secretary and
the Director decide to implement a proposal described in
subparagraph (A), they shall before implementation--
``(i) give each representative details of the decision to
implement the proposal, together with the information upon
which the decision is based;
``(ii) give each representative an opportunity to make
recommendations with respect to the proposal; and
[[Page S9336]]
``(iii) give such recommendation full and fair
consideration, including the providing of reasons to an
employee representative if any of its recommendations are
rejected.
``(C) Continuing collaboration.--If a proposal described in
subparagraph (A) is implemented, the Secretary and the
Director shall--
``(i) develop a method for each employee representative to
participate in any further planning or development which
might become necessary; and
``(ii) give each employee representative adequate access to
information to make that participation productive.
``(2) Procedures.--Any procedures necessary to carry out
this subsection shall be established by the Secretary and the
Director jointly. Such procedures shall include measures to
ensure--
``(A) in the case of employees within a unit with respect
to which a labor organization is accorded exclusive
recognition, representation by individuals designated or from
among individuals nominated by such organization;
``(B) in the case of any employees who are not within such
a unit, representation by any appropriate organization which
represents a substantial percentage of those employees or, if
none, in such other manner as may be appropriate, consistent
with the purposes of the subsection; and
``(C) the selection of representatives in a manner
consistent with the relative number of employees represented
by the organizations or other representatives involved.
``(3) Written agreement.--Notwithstanding any other
provision of this part, employees within a unit to which a
labor organization is accorded exclusive recognition under
chapter 71 shall not be subject to any system provided under
this section unless the exclusive representative and the
Secretary have entered into a written agreement, which
specifically provides for the inclusion of such employees
within such system. Such written agreement may be imposed by
the Federal Service Impasses Panel under section 7119, after
negotiations consistent with section 7117.
``(f) Provisions Relating to Appellate Procedures.--
(1) Sense of congress.--It is the sense of Congress that--
``(A) employees of the Department are entitled to fair
treatment in any appeals that they bring in decisions
relating to their employment; and
``(B) in prescribing regulations for any such appeals
procedures, the Secretary and the Director of the Office of
Personnel Management--
``(i) should ensure that employees of the Department are
afforded the protections of due process; and
``(ii) toward that end, should be required to consult with
the Merit Systems Protection Board before issuing any such
regulations.
``(2) Requirements.--Any regulations under this section
which relate to any matters within the purview of chapter
77--
``(A) shall be issued only after consultation with the
Merit Systems Protection Board;
``(B) shall ensure the availability of procedures which
shall--
``(i) be consistent with requirements of due process; and
``(ii) provide, to the maximum extent practicable, for the
expeditious handling of any matters involving the Department;
and
``(C) shall modify procedures under chapter 77 only insofar
as such modifications are designed to further the fair,
efficient, and expeditious resolution of matters involving
the employees of the Department.
``(g) Sunset Provision.--Effective 5 years after the
conclusion of the transition period defined under section 801
of the Homeland Security Act of 2002, all authority to issue
regulations under this section (including regulations which
would modify, supersede, or terminate any regulations
previously issued under this section) shall cease to be
available.''.
(3) Clerical amendment.--The table of chapters for part III
of title 5, United States Code, is amended by adding at the
end of the following:
``97. Department of Homeland Security.......................9701''.....
(b) Effect on Personnel.--
(1) Nonseparation or nonreduction in grade or compensation
of full-time personnel and part-time personnel holding
permanent positions.--Except as otherwise provided in this
Act, the transfer pursuant to this act of full-time personnel
(except special Government employees) and part-time personnel
holding permanent positions shall not cause any such employee
to be separated or reduced in grade or compensation for one
year after the date of transfer to the Department.
(2) Positions compensated in accordance with executive
schedule.--Any person who, on the day preceding such person's
date of transfer pursuant to this Act, held a position
compensated in accordance with the Executive Schedule
prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in the
Department to a position having duties comparable to the
duties performed immediately preceding such appointment shall
continue to be compensated in such new position at not less
than the rate provided for such position, for the duration of
the service of such person in such new position.
(3) Coordination rule.--Any exercise of authority under
chapter 97 of title 5, United States Code (as amended by
subsection (a)), including under any system established under
such chapter, shall be in conformance with the requirements
of this subsection.
SEC. ____. LABOR-MANAGEMENT RELATIONS.
(a) Limitation on Exclusionary Authority.--
(1) In general.--No agency or subdivision of an agency
which is transferred to the Department pursuant to this Act
shall be excluded from the coverage of chapter 71 of title 5,
United States Code, as a result of any order issued under
section 7103(b)(1) of such title 5 after June 18, 2002,
unless--
(A) the mission and responsibilities of the agency (or
subdivision) materially change; and
(B) a majority of the employees within such agency (or
subdivision) have as their primary duty intelligence,
counterintelligence, or investigative work directly related
to terrorism investigation.
(2) Exclusions allowable.--Nothing in paragraph (1) shall
affect the effectiveness of any order to the extent that such
order excludes any portion of an agency or subdivision of an
agency as to which--
(A) recognition as an appropriate unit has never been
conferred for purposes of chapter 71 of title 5, United
States Code; or
(B) any such recognition has been revoked or otherwise
terminated as a result of a determination under subsection
(b)(1).
(b) Provisions Relating to Bargaining Units.--
(1) Limitation relating to appropriate units.--Each unit
which is recognized as an appropriate unit for purposes of
chapter 71 of title 5, United States Code, as of the day
before the effective date of this Act (and any subdivision of
any such unit) shall, if such unit (or subdivision) is
transferred to the Department pursuant to this Act, continue
to be so recognized for such purposes, unless--
(A) the mission and responsibilities of such unit (or
subdivision) materially change; and
(B) a majority of the employees within such unit (or
subdivision) have as their primary duty intelligence,
counterintelligence, or investigative work directly related
to terrorism investigation.
(2) Limitation relating to positions or employees.--No
position or employee within a unit (or subdivision of a unit)
as to which continued recognition is given in accordance with
paragraph (1) shall be excluded from such unit (or
subdivision), for purposes of chapter 71 of title 5, United
States Code, unless the primary job duty of such position or
employee--
(A) materially changes; and
(B) consists of intelligence, counterintelligence, or
investigative work directly related to terrorism
investigation.
In the case of any positions within a unit (or subdivision)
which are first established on or after the effective date of
this Act and any employee first appointed on or after such
date, the preceding sentence shall be applied disregarding
subparagraph (A).
(c) Coordination Rule.--No other provision of this Act or
of any amendment made by this Act may be construed or applied
in a manner so as to limit, supersede, or otherwise affect
the provisions of this section, except to the extent that it
does so by specific reference to this section.
(d) Savings Clause.--Notwithstanding any other provision of
this Act, Title XXXII is null and void.
These provisions shall take effect one day after enactment.
______
SA 4746. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 5005, to establish the Department of Homeland
Security, and for other purposes; which was ordered to lie on the
table; as follows:
On page 232, strike lines 2 through 10 and insert the
following:
``(1) In general.--The Attorney General shall have such
authorities and functions under this Act as may be necessary
to carry out the authorities and functions of immigration
judges, appellate immigration judges, and the chief
administrative hearing officer under this Act through the
Executive Office of Immigration Review of the Department of
Justice.
______
SA 4747. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 5005, to establish the Department of Homeland
Security, and for other purposes; which was ordered to lie on the
table; as follows:
On page 55, lines 11 and 12, strike ``, including the
establishment of rules,''.
______
SA 4748. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 5005, to establish the Department of Homeland
Security, and for other purposes; which was ordered to lie on the
table; as follows:
On page 55, line 16, before the semicolon insert the
following: ``, except that this paragraph shall be restricted
to functions transferred by this Act to the Directorate for
Border and Transportation Security''.
______
SA 4749. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 5005, to establish the Department of Homeland
Security, and for other purposes; which was ordered to lie on the
table; as follows:
[[Page S9337]]
At the end of section 1103 of the amendment, add the
following:
(c) Inspections.--The Under Secretary of Immigration
Affairs shall assign officers, with expertise and training in
immigration and nationality law, to major ports of entry in
the United States to assist in the inspection of aliens. For
other ports of entry, the Under Secretary shall take steps to
ensure such officers participate in the inspections process.
(d) Training for Border Patrol and Inspectors.--The Under
Secretary of Immigration Affairs, in consultation with the
Under Secretary of Border and Transportation Protection, will
provide training in immigration and nationality law to
personnel performing the border patrol and inspections
functions in the Border and Transportation Protection
Directorate.
______
SA 4750. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 5005, to establish the Department of Homeland
Security, and for other purposes; which was ordered to lie on the
table; as follows:
Strike title XIII and insert the following:
TITLE XIII--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
SEC. 1301. ESTABLISHMENT.
(a) In General.--There is within the Department of Justice
the Executive Office for Immigration Review.
(b) Statutory Construction.--Nothing in title XI, or any
amendment made by that title, may be construed to authorize
or require the transfer or delegation of any function vested
in, or exercised by, the Executive Office for Immigration
Review of the Department of Justice, or any officer,
employee, or component thereof, immediately prior to the
effective date of title XI.
SEC. 1302. DIRECTOR OF THE AGENCY.
(a) Appointment.--There shall be at the head of the
Executive Office for Immigration Review a Director who shall
be appointed by the President, by and with the advice and
consent of the Senate.
(b) Offices.--The Director shall appoint a Deputy Director,
General Counsel, Pro Bono Coordinator, and other offices as
may be necessary to carry out this title.
(c) Responsibilities.--The Director shall--
(1) administer the Executive Office for Immigration Review
and be responsible for the promulgation of rules and
regulations affecting the agency; and
(2) appoint and fix the compensation of attorneys, clerks,
administrative assistants, and other personnel as may be
necessary.
SEC. 1303. BOARD OF IMMIGRATION APPEALS.
(a) In General.--The Board of Immigration Appeals (in this
title referred to as the ``Board'') shall perform the
appellate functions of the Executive Office for Immigration
Review. The Board shall consist of a Chair and not less than
14 other immigration appeals judges.
(b) Appointment.--Members of the Board shall be appointed
by the Attorney General, in consultation with the Director
and the Chair of the Board of Immigration Appeals.
(c) Qualifications.--The Chair and each other Member of the
Board shall be an attorney in good standing of a bar of a
State or the District of Columbia and shall have at least 7
years of pertinent legal expertise.
(d) Jurisdiction.--
(1) In general.--The Board shall have such jurisdiction as
was, prior to the date of enactment of this Act, provided by
statute or regulation to the Board of Immigration Appeals (as
in effect under the Executive Office of Immigration Review).
(2) De novo review.--The Board shall have de novo review of
any decision by an immigration judge, including any final
order of removal.
(e) Independence of Board Members.--The Members of the
Board shall exercise their independent judgment and
discretion in the cases coming before the Board.
(f) Referral of Cases to the Attorney General.--
(1) In general.--The Board shall refer to the Attorney
General for review of any case that--
(A) the Attorney General directs the Board to refer to the
Attorney General;
(B) the Chairman or a majority of the Board believes should
be referred to the Attorney General for review; or
(C) the Under Secretary of Homeland Security for
Immigration Affairs requests be referred to the Attorney
General for review.
(2) Decision of the attorney general.--In any case in which
the Attorney General reviews the decision of the Board, the
decision of the Attorney General shall be stated in writing
and shall be transmitted to the Board for transmittal and
service as provided by regulations.
SEC. 1304. CHIEF IMMIGRATION JUDGE.
(a) Establishment of Office.--There shall be within the
Executive Office for Immigration Review the position of Chief
Immigration Judge, who shall administer the immigration
courts.
(b) Duties of the Chief Immigration Judge.--The Chief
Immigration Judge shall be responsible for the general
supervision, direction, and procurement of resource and
facilities and for the general management of immigration
court dockets.
(c) Appointment of Immigration Judges.--Immigration judges
shall be appointed by the Attorney General, in consultation
with the Director and the Chief Immigration Judge.
(d) Qualifications.--Each immigration judge, including the
Chief Immigration Judge, shall be an attorney in good
standing of a bar of a State or the District of Columbia and
shall have at least 7 years of pertinent legal expertise.
(e) Jurisdiction and Authority of Immigration Courts.--The
immigration courts shall have such jurisdiction as was, prior
to the date of enactment of this Act, provided by statute or
regulation to the immigration courts within the Executive
Office for Immigration Review of the Department of Justice.
(f) Independence of Immigration Judges.--The immigration
judges shall exercise their independent judgment and
discretion in the cases coming before the Immigration Court.
SEC. 1305. CHIEF ADMINISTRATIVE HEARING OFFICER.
(a) Establishment of Position.--There shall be within the
Executive Office for Immigration Review the position of Chief
Administrative Hearing Officer.
(b) Duties of the Chief Administrative Hearing Officer.--
The Chief Administrative Hearing Officer shall hear cases
brought under sections 274A, 274B, and 274C of the
Immigration and Nationality Act.
SEC. 1306. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Executive
Office for Immigration Review such sums as may be necessary
to carry out this title.
______
SA 4751. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 5005, to establish the Department of Homeland
Security, and for other purposes; which was ordered to lie on the
table; as follows:
On page 232, line 10, before the period insert the
following: ``, except that the Attorney General may not
exercise the authorities and functions in this paragraph in a
manner that does not respect the independence of immigration
judges''.
______
SA 4752. Mr. HOLLINGS (for Mr. Graham) proposed an amendment to the
bill S. 2506, to authorize appropriations for fiscal year 2003 for
intelligence and intelligence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 2003''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Incorporation of reporting requirements.
Sec. 106. Preparation and submittal of reports, reviews, studies, and
plans relating to intelligence activities of Department
of Defense or Department of Energy.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Definition of congressional intelligence committees in
National Security Act of 1947.
Sec. 304. Specificity of National Foreign Intelligence Program budget
amounts for counterterrorism, counterproliferation,
counternarcotics, and counterintelligence.
Sec. 305. Modification of authority to make funds for intelligence
activities available for other intelligence activities.
Sec. 306. Clarification of authority to furnish information on
intelligence activities to Congress.
Sec. 307. Standardized transliteration of names into the Roman
alphabet.
Sec. 308. Standards and qualifications for the performance of
intelligence activities.
Sec. 309. Modification of David L. Boren National Security Education
Program.
Sec. 310. Scholarships and work-study for pursuit of graduate degrees
in science and technology.
Sec. 311. National Virtual Translation Center.
Sec. 312. Foreign Terrorist Asset Tracking Center.
Sec. 313. Terrorist Identification Classification System.
Sec. 314. Annual report on foreign companies involved in the
proliferation of weapons of mass destruction that raise
funds in the United States capital markets.
[[Page S9338]]
Sec. 315. Two-year extension of Central Intelligence Agency Voluntary
Separation Pay Act.
Sec. 316. Additional one-year suspension of reorganization of
Diplomatic Telecommunications Service Program Office.
TITLE IV--REPORTING REQUIREMENTS
Subtitle A--Submittal of Reports to Intelligence Committees
Sec. 401. Dates for submittal of various annual and semi-annual reports
to the congressional intelligence committees.
Subtitle B--Recurring Annual Reports
Sec. 411. Annual assessment of satisfaction of intelligence community
with collection, analysis, and production of
intelligence.
Sec. 412. Annual report on threat of attack on the United States using
weapons of mass destruction.
Sec. 413. Annual report on covert leases.
Sec. 414. Annual report on improvement of financial statements of
certain elements of the intelligence community for
auditing purposes.
Sec. 415. Annual report on activities of Federal Bureau of
Investigation personnel outside the United States.
Sec. 416. Annual reports of inspectors general of the intelligence
community on proposed resources and activities of their
offices.
Sec. 417. Annual report on counterdrug intelligence matters.
Subtitle C--Other Reports
Sec. 431. Report on effect of country-release restrictions on allied
intelligence-sharing relationships.
Sec. 432. Evaluation of policies and procedures of Department of State
on protection of classified information at department
headquarters.
Sec. 433. Study of Department of State Consular Services.
Subtitle D--Repeal of Certain Report Requirements
Sec. 441. Repeal of certain report requirements.
TITLE V--COUNTERINTELLIGENCE ACTIVITIES
Sec. 501. Short title; purpose.
Sec. 502. National Counterintelligence Executive.
Sec. 503. National Counterintelligence Policy Board.
Sec. 504. Office of the National Counterintelligence Executive.
TITLE VI--NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT
PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY
Sec. 601. Findings.
Sec. 602. National Commission for the Review of the Research and
Development Programs of the United States Intelligence
Community.
Sec. 603. Powers of Commission.
Sec. 604. Staff of Commission.
Sec. 605. Compensation and travel expenses.
Sec. 606. Treatment of information relating to national security.
Sec. 607. Final report; termination.
Sec. 608. Assessments of final report.
Sec. 609. Inapplicability of certain administrative provisions.
Sec. 610. Funding.
Sec. 611. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2003 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agency.
(12) The Coast Guard.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The
amounts authorized to be appropriated under section 101, and
the authorized personnel ceilings as of September 30, 2003,
for the conduct of the intelligence and intelligence-related
activities of the elements listed in such section, are those
specified in the classified Schedule of Authorizations
prepared to accompany the conference report on the bill
______ of the One Hundred Seventh Congress.
(b) Availability of Classified Schedule of
Authorizations.--The Schedule of Authorizations shall be made
available to the Committees on Armed Services and
Appropriations of the Senate and House of Representatives, to
Members of Congress who so request, and to the President. The
President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within
the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the
Director of the Office of Management and Budget, the Director
of Central Intelligence may authorize employment of civilian
personnel in excess of the number authorized for fiscal year
2003 under section 102 when the Director of Central
Intelligence determines that such action is necessary to the
performance of important intelligence functions, except that
the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed 2 percent of the number of
civilian personnel authorized under such section for such
element.
(b) Notice to Intelligence Committees.--The Director of
Central Intelligence shall notify promptly the Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of
the Senate whenever the Director exercises the authority
granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Community Management Account of
the Director of Central Intelligence for fiscal year 2003 the
sum of $157,979,000. Within such amount, funds identified in
the classified Schedule of Authorizations referred to in
section 102(a) for advanced research and development shall
remain available until September 30, 2004.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of
Central Intelligence are authorized 309 full-time personnel
as of September 30, 2003. Personnel serving in such elements
may be permanent employees of the Intelligence Community
Management Account or personnel detailed from other elements
of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
also authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2003 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102(a).
Such additional amounts for research and development shall
remain available until September 30, 2004.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2003, there are hereby authorized such additional personnel
for such elements as of that date as are specified in the
classified Schedule of Authorizations.
(d) Reimbursement.--Except as provided in section 113 of
the National Security Act of 1947 (50 U.S.C. 404h), during
fiscal year 2003 any officer or employee of the United States
or a member of the Armed Forces who is detailed to the staff
of the Intelligence Community Management Account from another
element of the United States Government shall be detailed on
a reimbursable basis, except that any such officer, employee,
or member may be detailed on a nonreimbursable basis for a
period of less than one year for the performance of temporary
functions as required by the Director of Central
Intelligence.
(e) National Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be
appropriated in subsection (a), $32,100,000 shall be
available for the National Drug Intelligence Center. Within
such amount, funds provided for research, development,
testing, and evaluation purposes shall remain available until
September 30, 2004, and funds provided for procurement
purposes shall remain available until September 30, 2005.
(2) Transfer of funds.--The Director of Central
Intelligence shall transfer to the Attorney General funds
available for the National Drug Intelligence Center under
paragraph (1). The Attorney General shall utilize funds so
transferred for the activities of the National Drug
Intelligence Center.
(3) Limitation.--Amounts available for the National Drug
Intelligence Center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act
of 1947 (50 U.S.C. 403-3(d)(1)).
(4) Authority.--Notwithstanding any other provision of law,
the Attorney General shall retain full authority over the
operations of the National Drug Intelligence Center.
SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.
(a) In General.--Each requirement to submit a report to the
congressional intelligence committees that is included in the
joint explanatory statement to accompany the conference
report on the bill ______ of the One Hundred Seventh
Congress, in the classified annex to this Act, in the report
of the Senate to accompany the bill S.____ of the 107th
Congress, or in the report of the House of Representatives to
accompany the bill H.R.____ is hereby incorporated into this
Act, and is hereby made a requirement in law.
(b) Submittal Date.--The date for the submittal to the
congressional intelligence committees of any report referred
to in subsection (a), whether an annual report, semiannual
report, or non-recurring report, shall be as provided for a
report of that type in section 507 of the National Security
Act of 1947, as added by section 401 of this Act.
(c) Congressional Intelligence Committees Defined.--In this
section, the term
[[Page S9339]]
``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 106. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS,
STUDIES, AND PLANS RELATING TO INTELLIGENCE
ACTIVITIES OF DEPARTMENT OF DEFENSE OR
DEPARTMENT OF ENERGY.
(a) Consultation in Preparation.--(1) The Director of
Central Intelligence shall ensure that any report, review,
study, or plan required to be prepared or conducted by a
provision of this Act, including a provision of the
classified Schedule of Authorizations or a classified annex
to this Act, that involves the intelligence or intelligence-
related activities of the Department of Defense or Department
of Energy is prepared or conducted in consultation with the
Secretary of Defense or the Secretary of Energy, as
appropriate.
(2) The Secretary of Defense or Secretary of Energy may
carry out any consultation required by this subsection
through an official of the Department of Defense or
Department of Energy, as the case may be, designated by such
Secretary for that purpose.
(b) Submittal.--Any report, review, study, or plan referred
to in subsection (a) shall be submitted, in addition to any
other committee of Congress specified for submittal in the
provision concerned, to the following committees of Congress:
(1) The Committees on Armed Services and Appropriations and
the Select Committee on Intelligence of the Senate.
(2) The Committees on Armed Services and Appropriations and
the Permanent Select Committee on Intelligence of the House
of Representatives.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 2003 the sum of $223,300,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 303. DEFINITION OF CONGRESSIONAL INTELLIGENCE COMMITTEES
IN NATIONAL SECURITY ACT OF 1947.
(a) In General.--Section 3 of the National Security Act of
1947 (50 U.S.C. 401a) is amended by adding at the end the
following new paragraph:
``(7) The term `congressional intelligence committees'
means--
``(A) the Select Committee on Intelligence of the Senate;
and
``(B) the Permanent Select Committee on Intelligence of the
House of Representatives.''.
(b) Conforming Amendments.--(1) That Act is further amended
by striking ``Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives'' and inserting ``congressional
intelligence committees'' in each of the following
provisions:
(A) Section 104(d)(4) (50 U.S.C. 403-4(d)(4)).
(B) Section 603(a) (50 U.S.C. 423(a)).
(2) That Act is further amended by striking ``Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of
the Senate'' and inserting ``congressional intelligence
committees'' in each of the following provisions:
(A) Section 113(c) (50 U.S.C. 404h(c)).
(B) Section 301(j) (50 U.S.C. 409a(j)).
(C) Section 801(b)(2) (50 U.S.C. 435(b)(2)).
(D) Section 903 (50 U.S.C. 441b).
(3) That Act is further amended by striking ``intelligence
committees'' and inserting ``congressional intelligence
committees'' in each of the following provisions:
(A) Section 501 (50 U.S.C. 413).
(B) Section 502 (50 U.S.C. 413a).
(C) Section 503 (50 U.S.C. 413b).
(D) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(4) Section 104(d)(5) of that Act (50 U.S.C. 403-4(d)(5))
is amended by striking ``Select Committee on Intelligence of
the Senate and to the Permanent Select Committee on
Intelligence of the House of Representatives'' and inserting
``congressional intelligence committees''.
(5) Section 105C(a)(3)(C) of that Act (50 U.S.C. 403-
5c(a)(3)(C)) is amended--
(A) by striking clauses (i) and (ii) and inserting the
following new clause (i):
``(i) The congressional intelligence committees.''; and
(B) by redesignating clauses (iii), (iv), (v), and (vi) as
clauses (ii), (iii), (iv), and (v), respectively.
(6) Section 114 of that Act (50 U.S.C. 404i) is amended by
striking subsection (c) and inserting the following new
subsection (c):
``(c) Congressional Leadership Defined.--In this section,
the term `congressional leadership' means the Speaker and the
minority leader of the House of Representatives and the
majority leader and the minority leader of the Senate.''.
(7) Section 501(a) of that Act (50 U.S.C. 413(a)), as
amended by paragraph (3) of this subsection, is further
amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(8) Section 503(c)(4) of that Act (50 U.S.C. 413b(c)(4)) is
amended by striking ``intelligence committee'' and inserting
``congressional intelligence committee''.
(9) Section 602(c) of that Act (50 U.S.C. 422(c)) is
amended by striking ``the Select Committee on Intelligence of
the Senate or to the Permanent Select Committee on
Intelligence of the House of Representatives'' and inserting
``either congressional intelligence committee''.
(10) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is
amended by striking ``intelligence committees of Congress''
and inserting ``congressional intelligence committees''.
SEC. 304. SPECIFICITY OF NATIONAL FOREIGN INTELLIGENCE
PROGRAM BUDGET AMOUNTS FOR COUNTERTERRORISM,
COUNTERPROLIFERATION, COUNTERNARCOTICS, AND
COUNTERINTELLIGENCE.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.) is amended by adding at the end
the following new section:
``specificity of national foreign intelligence program budget amounts
for counterterrorism, counterproliferation, counternarcotics, and
counterintelligence
``Sec. 506. (a) In General.--The budget justification
materials submitted to Congress in support of the budget of
the President for a fiscal year that is submitted to Congress
under section 1105(a) of title 31, United States Code, shall
set forth separately the aggregate amount requested for that
fiscal year for the National Foreign Intelligence Program for
each of the following:
``(1) Counterterrorism.
``(2) Counterproliferation.
``(3) Counternarcotics.
``(4) Counterintelligence.
``(b) Election of Classified or Unclassified Form.--Amounts
set forth under subsection (a) may be set forth in
unclassified form or classified form, at the election of the
Director of Central Intelligence.''.
(b) Clerical Amendment.--The table of sections for that Act
is amended by inserting after the item relating to section
505 the following new item:
``Sec. 506. Specificity of National Foreign Intelligence Program budget
amounts for counterterrorism, counterproliferation,
counternarcotics, and counterintelligence.''.
SEC. 305. MODIFICATION OF AUTHORITY TO MAKE FUNDS FOR
INTELLIGENCE ACTIVITIES AVAILABLE FOR OTHER
INTELLIGENCE ACTIVITIES.
(a) Nature of Unforseen Requirements.--Section 504(a) of
the National Security Act of 1947 (50 U.S.C. 414(a)) is
amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) in subparagraph (C), as so redesignated--
(A) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively; and
(B) by striking the semicolon at the end and inserting a
period;
(3) by inserting ``(1)'' after ``(a)'';
(4) by striking ``(4) nothing'' and inserting ``(2)
Nothing'';
(5) by indenting paragraph (2), as designated by paragraph
(4) of this section, two ems from the left margin; and
(6) by adding at the end the following new paragraph:
``(3) For purposes of paragraph (1)(C)(ii), an unforseen
requirement may not include a requirement arising under
statute or the request of a committee or Member of
Congress.''.
(b) Certification Requirement for Reprogramming.--Paragraph
(1)(C)(iii) of that section, as redesignated by subsection
(a) of this section, is further amended by striking ``has
notified'' and all that follows and inserting ``submits to
the appropriate congressional committees, before obligation
of funds for such activity, a certification that the
requirements of clauses (i) and (ii) are met with respect to
such activity.''.
SEC. 306. CLARIFICATION OF AUTHORITY TO FURNISH INFORMATION
ON INTELLIGENCE ACTIVITIES TO CONGRESS.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.) is amended by inserting after
section 503 the following new section:
``authority to furnish information on intelligence activities to
congress
``Sec. 503A. Notwithstanding any other provision of law,
and consistent with the obligations of the Director of
Central Intelligence to protect intelligence sources and
methods, it shall not be unlawful for the Director, or a
designee of the Director, to furnish to the congressional
intelligence committees information in the possession of an
element of the intelligence community on intelligence
activities in furtherance of the reporting responsibilities
of such element under sections 501, 502, and 503 or any other
[[Page S9340]]
provision of law requiring the reporting of information on
intelligence activities to Congress.''.
(b) Clerical Amendment.--The table of sections for the
National Security Act of 1947 is amended by inserting after
the item relating to section 503 the following new item:
``Sec. 503A. Authority to furnish information on intelligence
activities to Congress.''.
SEC. 307. STANDARDIZED TRANSLITERATION OF NAMES INTO THE
ROMAN ALPHABET.
(a) Method of Transliteration Required.--Not later than 90
days after the date of the enactment of this Act, the
Director of Central Intelligence shall establish a
standardized method for transliterating into the Roman
alphabet personal and place names originally rendered in any
language that uses an alphabet other than the Roman alphabet.
(b) Use by Intelligence Community.--The Director shall
ensure the use of the method established under subsection (a)
in--
(1) all communications among the elements of the
intelligence community; and
(2) all intelligence products of the intelligence
community.
SEC. 308. STANDARDS AND QUALIFICATIONS FOR THE PERFORMANCE OF
INTELLIGENCE ACTIVITIES.
Section 104 of the National Security Act of 1947 (50 U.S.C.
403-4) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Standards and Qualifications for Performance of
Intelligence Activities.--The Director, acting as the head of
the intelligence community, shall, in consultation with the
heads of effected agencies, prescribe standards and
qualifications for persons engaged in the performance of
intelligence activities within the intelligence community.''.
SEC. 309. MODIFICATION OF DAVID L. BOREN NATIONAL SECURITY
EDUCATION PROGRAM.
(a) Termination of Scholarship Program.--Paragraph (1) of
subsection (a) of section 802 of the David L. Boren National
Security Education Act of 1991 (title VIII of Public Law 102-
183; 50 U.S.C. 1902) is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraph (B) as subparagraph (A).
(b) Substitution of National Flagship Language Initiative
for Grant Program.--That subsection is further amended--
(1) in paragraph (1), by striking subparagraph (C) and
inserting the following new subparagraph (B):
``(B) carrying out activities under paragraph (2) relating
to proficiency in foreign languages.'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(4) by inserting after paragraph (1) the following new
paragraph (2):
``(2) National flagship language initiative.--
``(A) In general.--As part of the program under paragraph
(1), the Secretary shall, in accordance with regulations
prescribed by the Secretary, carry out activities at
institutions of higher education, which activities shall be
designed--
``(i) to produce in professionals an advanced level of
proficiency in foreign languages that the Board identifies
under section 803(d)(4) as critical to the national security
of the United States; and
``(ii) to permit undergraduate and graduate students, and
employees of the United States Government, to undertake
studies to enhance their foreign language proficiency.
``(B) Participation by fellowship recipients.--Recipients
of fellowships under paragraph (1)(A) may participate in the
activities carried out under this paragraph.
``(C) Designation of activities.--The activities carried
out under this paragraph shall be known as the `National
Flagship Language Initiative'.''.
(c) Funding Allocation.--That subsection is further amended
by inserting after paragraph (2), as amended by subsection
(b) of this section, the following new paragraph (3):
``(3) Funding allocations.--Of the amount available for
obligation out of the Fund for any fiscal year, the Secretary
shall allocate such amount in a manner considered appropriate
by the Secretary for purposes of fellowships under paragraph
(1)(A) and carrying out activities under paragraph (1)(B).''.
(d) Conforming Amendments.--(1) Section 802 of that Act is
further amended--
(A) in subsection (a)(5), as redesignated by subsection
(b)(3) of this section, by striking ``scholarships,
fellowships, and grants'' and inserting ``fellowships, and
the carrying out of activities,'';
(B) in subsection (b)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``scholarship or''; and
(II) by striking ``or any scholarship''; and
(ii) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) shall, upon completion of such recipient's education
under the program, and in accordance with such regulations--
``(A) work in a national security position for a period
specified by the Secretary, which period shall be not less
than the period for which the fellowship assistance was
provided; or
``(B) if the recipient demonstrates to the Secretary (in
accordance with such regulations) that no national security
position is available upon the completion of the degree, work
in the field of higher education in a discipline relating to
the foreign country, foreign language, area study,
counterproliferation study, or international field of study
for which the fellowship was awarded for a period specified
by the Secretary, which period shall be established in
accordance with subparagraph (A); and'';
(C) in subsection (c)--
(i) by striking ``scholarship or'' each place it appears;
and
(ii) by striking ``scholarships and'';
(D) in subsection (d)--
(i) by striking ``scholarships, fellowships, or grants''
and inserting ``fellowships, or for the carrying out of
activities,''; and
(ii) by striking ``scholarships, fellowships, or grants (as
the case may be)'' and inserting ``such fellowships or
activities, as the case may be,'';
(E) in subsection (e), by striking ``scholarships,
fellowships, and grants'' and inserting ``fellowships, and
carry out activities,'';
(F) in subsection (f), by striking ``grant, scholarship,
or''; and
(G) in subsection (g)(1), by striking ``or scholarship''.
(2) Section 803(d) of that Act (50 U.S.C. 1903(d)) is
amended--
(A) in paragraph (1), by striking ``scholarships,
fellowships, and grants'' and inserting ``fellowships, and
carrying out activities,'';
(B) in paragraph (3)--
(i) by striking ``desiring scholarships or fellowships, and
institutions of higher education desiring grants under this
chapter'' and inserting ``desiring fellowships under section
802(a)(1), and institutions of higher education desiring to
carry out activities under section 802(a)(2)''; and
(ii) by striking ``scholarship or'' each place it appears;
(C) in paragraph (4)--
(i) by striking subparagraphs (A) and (C);
(ii) by redesignating subparagraphs (B) and (D) as
subparagraphs (A) and (C), respectively;
(iii) in subparagraph (A), as so redesignated, by striking
``section 802(a)(1)(B)'' and inserting ``section
802(a)(1)(A)'';
(iv) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) which foreign languages are critical to the national
security interests of the United States for purposes of
section 802(a)(2); and''; and
(v) in subparagraph (C), as so redesignated, by striking
``scholarships or'';
(D) in paragraph (6), by striking ``scholarship recipients
and''; and
(E) in paragraph (7), by striking ``scholarship or''.
(3) Section 804(b)(1) of that Act (50 U.S.C. 1904(b)(1)) is
amended by striking ``scholarships, fellowships, and grants''
and inserting ``fellowships and carrying out activities''.
(4) The heading for title VIII of the Intelligence
Authorization Act, Fiscal Year 1992 (Public Law 102-183) is
amended to read as follows:
``TITLE VIII--NATIONAL SECURITY FELLOWSHIPS AND OTHER EDUCATIONAL
SUPPORT''.
(5) The heading of section 802 of that Act is amended to
read as follows:
``SEC. 802. PROGRAM OF FELLOWSHIPS AND OTHER EDUCATIONAL
SUPPORT.''.
(e) Construction of Amendments.--Nothing in the amendments
to the David L. Boren National Security Education Act of 1991
made by this section shall affect the validity of any
scholarship, fellowship, or grant made or awarded under that
Act before the date of the enactment of this Act.
(f) Report on Conversion of Funding From Trust Fund to
Annual Appropriations.--(1) Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in conjunction with the Director of Central
Intelligence, submit to the congressional intelligence
committees a report on the advisability of converting the
funding of the program of fellowships and other educational
support under the David L. Boren National Security Education
Act of 1991, as amended by this section, from funding through
the National Security Education Trust Fund under section 804
of that Act to funding through appropriations.
(2) If the Secretary and the Director determine in the
report under paragraph (1) that the conversion of funding
referred to in that paragraph is advisable, the report shall
include a recommendation for such legislation as the
Secretary and the Director consider appropriate to implement
the conversion of funding.
(g) Report on Modification of National Flagship Language
Initiative Before Implementation.--If the Secretary, in
conjunction with the Director, proposes any modification of
the National Flagship Language Initiative under paragraph (2)
of section 802(a) of the David L. Boren National Security
Education Act of 1991, as amended by subsection (c) of this
section, between the date of the enactment of this Act and
the date of the implementation of the initiative, the
Secretary and the Director shall jointly submit to the
congressional intelligence committees a report on the
proposed modification.
(h) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
[[Page S9341]]
SEC. 310. SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF GRADUATE
DEGREES IN SCIENCE AND TECHNOLOGY.
(a) Program Required.--The National Security Act of 1947 is
amended--
(1) by redesignating title X as title XI;
(2) by redesignating section 1001 as section 1101; and
(3) by inserting after title IX the following new title X:
``TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
``scholarships and work-study for pursuit of graduate degrees in
science and technology
``Sec. 1001. (a) Program Required.--The Director of Central
Intelligence shall carry out a program to provide
scholarships and work-study for individuals who are pursuing
graduate degrees in fields of study in science and technology
that are identified by the Director as appropriate to meet
the future needs of the intelligence community for qualified
scientists and engineers.
``(b) Administration.--The Director shall administer the
program through the Assistant Director of Central
Intelligence for Administration.
``(c) Identification of Fields of Study.--The Director
shall identify fields of study under subsection (a) in
consultation with the other heads of the elements of the
intelligence community.
``(d) Eligibility for Participation.--An individual
eligible to participate in the program is any individual
who--
``(1) either--
``(A) is an employee of the intelligence community; or
``(B) meets criteria for eligibility for employment in the
intelligence community that are established by the Director;
``(2) is accepted in a graduate degree program in a field
of study in science or technology identified under subsection
(a); and
``(3) is eligible for a security clearance at the level of
Secret or above.
``(e) Regulations.--The Director shall prescribe
regulations for purposes of the administration of this
section.''.
(b) Clerical Amendment.--The table of sections for the
National Security Act of 1947 is amended by striking the
items relating to title X and section 1001 and inserting the
following new items:
``TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
``Sec. 1001. Scholarships and work-study for pursuit of graduate
degrees in science and technology.
``TITLE XI--OTHER PROVISIONS
``Sec. 1101. Applicability to United States intelligence activities of
Federal laws implementing international treaties and
agreements.''.
SEC. 311. NATIONAL VIRTUAL TRANSLATION CENTER.
(a) Establishment.--The Director of Central Intelligence,
acting as the head of the intelligence community, shall
establish in the intelligence community an element with the
function of connecting the elements of the intelligence
community engaged in the acquisition, storage, translation,
or analysis of voice or data in digital form.
(b) Designation.--The element established under subsection
(a) shall be known as the National Virtual Translation
Center.
(c) Administrative Matters.--(1) The Director shall retain
direct supervision and control over the element established
under subsection (a).
(2) The element established under subsection (a) shall
connect elements of the intelligence community utilizing the
most current available information technology that is
applicable to the function of the element.
(d) Deadline for Establishment.--The element required by
subsection (a) shall be established as soon as practicable
after the date of the enactment of this Act, but not later
than 90 days after that date.
SEC. 312. FOREIGN TERRORIST ASSET TRACKING CENTER.
(a) Establishment.--The Director of Central Intelligence,
acting as the head of the intelligence community, shall
establish in the Central Intelligence Agency an element
responsible for conducting all-source intelligence analysis
of information relating to the financial capabilities,
practices, and activities of individuals, groups, and nations
associated with international terrorism in their activities
relating to international terrorism.
(b) Designation.--The element established under subsection
(a) shall be known as the Foreign Terrorist Asset Tracking
Center.
(c) Deadline for Establishment.--The element required by
subsection (a) shall be established as soon as practicable
after the date of the enactment of this Act, but not later
than 90 days after that date.
SEC. 313. TERRORIST IDENTIFICATION CLASSIFICATION SYSTEM.
(a) Requirement.--(1) The Director of Central Intelligence,
acting as head of the Intelligence Community, shall--
(A) establish and maintain a list of individuals who are
known or suspected international terrorists, and of
organizations that are known or suspected international
terrorist organizations; and
(B) ensure that pertinent information on the list is shared
with the departments, agencies, and organizations described
by subsection (c).
(2) The list under paragraph (1), and the mechanisms for
sharing information on the list, shall be known as the
``Terrorist Identification Classification System''.
(b) Administration.--(1) The Director shall prescribe
requirements for the inclusion of an individual or
organization on the list required by subsection (a), and for
the deletion or omission from the list of an individual or
organization currently on the list.
(2) The Director shall ensure that the information utilized
to determine the inclusion, or deletion or omission, of an
individual or organization on or from the list is derived
from all-source intelligence.
(3) The Director shall ensure that the list is maintained
in accordance with existing law and regulations governing the
collection, storage, and dissemination of intelligence
concerning United States persons.
(c) Information Sharing.--Subject to section 103(c)(6) of
the National Security Act of 1947 (50 U.S.C. 403-3(c)(6)),
relating to the protection of intelligence sources and
methods, the Director shall provide for the sharing of the
list, and information on the list, with such departments and
agencies of the Federal Government, State and local
government agencies, and entities of foreign governments and
international organizations as the Director considers
appropriate.
(d) Reporting and Certification.--(1) The Director shall
review on an annual basis the information provided by various
departments and agencies for purposes of the list under
subsection (a) in order to determine whether or not the
information so provided is derived from the widest possible
range of intelligence available to such departments and
agencies.
(2) The Director shall, as a result of each review under
paragraph (1), certify whether or not the elements of the
intelligence community responsible for the collection of
intelligence related to the list have provided information
for purposes of the list that is derived from the widest
possible range of intelligence available to such department
and agencies.
(e) Report on Criteria for Information Sharing.--(1) Not
later then March 1, 2003, the Director shall submit to the
congressional intelligence committees a report describing the
criteria used to determine which types of information on the
list required by subsection (a) are to be shared, and which
types of information are not to be shared, with various
departments and agencies of the Federal Government, State and
local government agencies, and entities of foreign
governments and international organizations.
(2) The report shall include a description of the
circumstances in which the Director has determined that
sharing information on the list with the departments and
agencies of the Federal Government, and of State and local
governments, described by subsection (c) would be
inappropriate due to the concerns addressed by section
103(c)(6) of the National Security Act of 1947, relating to
the protection of sources and methods, and any instance in
which the sharing on information on the list has been
inappropriate in light of such concerns.
(f) System Administration Requirements.--(1) The Director
shall, to the maximum extent practicable, ensure the
interoperability of the Terrorist Identification
Classification System with relevant information systems of
the departments and agencies of the Federal Government, and
of State and local governments, described by subsection (c).
(2) The Director shall ensure that the System utilizes
technologies that are effective in aiding the identification
of individuals in the field.
(g) Report on Status of System.--(1) Not later than one
year after the date of the enactment of this Act, the
Director shall, in consultation with the Director of Homeland
Security, submit to the congressional intelligence committees
a report on the status of the Terrorist Identification
Classification System. The report shall contain a
certification on the following:
(A) Whether or not the System contains the intelligence
information necessary to facilitate the contribution of the
System to the domestic security of the United States.
(B) Whether or not the departments and agencies having
access to the System have access in a manner that permits
such departments and agencies to carry out appropriately
their domestic security responsibilities.
(C) Whether or not the System is operating in a manner that
maximizes its contribution to the domestic security of the
United States.
(D) If a certification under subparagraph (A), (B), or (C)
is in the negative, the modifications or enhancements of the
System necessary to ensure a future certification in the
positive.
(2) The report shall be submitted in unclassified form, but
may include a classified annex.
(h) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 314. ANNUAL REPORT ON FOREIGN COMPANIES INVOLVED IN THE
PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
THAT RAISE FUNDS IN THE UNITED STATES CAPITAL
MARKETS.
(a) Annual Report Required.--The Director of Central
Intelligence shall submit to
[[Page S9342]]
the appropriate committees of Congress on an annual basis a
report setting forth each foreign company described in
subsection (b) that raised or attempted to raise funds in the
United States capital markets during the preceding year.
(b) Covered Foreign Companies.--A foreign company described
in this subsection is any foreign company determined by the
Director to be engaged or involved in the proliferation of
weapons of mass destruction (including nuclear, biological,
or chemical weapons) or the means to deliver such weapons.
(c) Submittal Dates.--(1) In the case of the appropriate
committees of Congress referred to in paragraph (1) of
subsection (e), the date each year for the submittal of the
report required by subsection (a) shall be the date provided
in section 507 of the National Security Act of 1947, as added
by section 401 of this Act.
(2) In the case of the appropriate committees of Congress
referred to in paragraphs (2) and (3) of subsection (e), the
date each year for the submittal of the report required by
subsection (a) shall be February 1 of such year.
(d) Form of Reports.--Each report under subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives;
(2) the Committees on Armed Services, Banking, Housing, and
Urban Affairs, and Governmental Affairs of the Senate; and
(3) the Committees on Armed Services, Financial Services,
and Government Reform of the House of Representatives.
SEC. 315. TWO-YEAR EXTENSION OF CENTRAL INTELLIGENCE AGENCY
VOLUNTARY SEPARATION PAY ACT.
Section 2(i) of the Central Intelligence Agency Voluntary
Separation Pay Act (50 U.S.C. 403-4 note) is amended--
(1) in subsection (f), by striking ``September 30, 2003''
and inserting ``September 30, 2005''; and
(2) in subsection (i), by striking ``in fiscal year 1998,
1999, 2000, 2001, 2002, or 2003'' and inserting ``in fiscal
years 1998 through 2005''.
SEC. 316. ADDITIONAL ONE-YEAR SUSPENSION OF REORGANIZATION OF
DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM
OFFICE.
Section 311 of the Intelligence Authorization Act for
Fiscal Year 2002 (Public Law 107-108; 115 Stat. 1401; 22
U.S.C. 7301 note) is amended by striking ``October 1, 2002''
and inserting ``October 1, 2003''.
TITLE IV--REPORTING REQUIREMENTS
Subtitle A--Submittal of Reports to Intelligence Committees
SEC. 401. DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMI-
ANNUAL REPORTS TO THE CONGRESSIONAL
INTELLIGENCE COMMITTEES.
(a) In General.--(1) Title V of the National Security Act
of 1947 (50 U.S.C. 413 et seq.), as amended by section 304 of
this Act, is further amended by adding at the end the
following new section:
``dates for submittal of various annual and semi-annual reports to the
congressional intelligence committees
``Sec. 507. (a) Annual Reports.--The date for the submittal
to the congressional intelligence committees of the following
annual reports shall be the date each year provided in
subsection (c)(1):
``(1) The annual report on the assessment of the
satisfaction of the intelligence community with the
collection, analysis, and production of intelligence required
by section 102(i).
``(2) The annual evaluation of the performance and
responsiveness of certain elements of the intelligence
community required by section 105(d).
``(3) The annual report on intelligence required by section
109.
``(4) The annual report on the detail of intelligence
community personnel required by section 113.
``(5) The annual report on intelligence community
cooperation with Federal law enforcement agencies required by
section 114(a)(2).
``(6) The annual report on the safety and security of
Russian nuclear facilities and nuclear military forces
required by section 114(b).
``(7) The annual report on the threat of attack on the
United States from weapons of mass destruction required by
section 114(c).
``(8) The annual report on covert leases required by
section 114(d).
``(9) The annual report on improvements of the financial
statements of the intelligence community for auditing
purposes required by section 114A.
``(10) The annual report on the protection of the
identities of covert agents required by section 603.
``(11) The annual report on transfers of amounts for
acquisition of land by the Central Intelligence Agency
required by section 5(c)(2) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403f(c)(2)).
``(12) The annual audit of the Central Intelligence Agency
central services program required by section 21(g) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403u(g)).
``(13) The annual report on the use of National Security
Agency personnel as special policemen required by section
11(a)(5) of the National Security Agency Act of 1959 (50
U.S.C. 402 note).
``(14) The annual report of the Inspectors Generals of the
intelligence community on proposed resources and activities
of their offices required by section 8H(g) of the Inspector
General Act of 1978.
``(15) The annual report on commercial activities as
security for intelligence collection required by section
437(c) of title 10, United States Code.
``(16) The annual report on expenditures for postemployment
assistance for terminated intelligence employees required by
section 1611(e)(2) of title 10, United States Code.
``(17) The annual report on activities of personnel of the
Federal Bureau of Investigation outside the United States
required by section 540C(c)(2) of title 28, United States
Code.
``(18) The annual update on foreign industrial espionage
required by section 809(b) of the Counterintelligence and
Security Enhancements Act of 1994 (title VIII of Public Law
103-359; 50 U.S.C. App. 2170b(b)).
``(19) The annual report on coordination of
counterintelligence matters with the Federal Bureau of
Investigation required by section 811(c)(6) of the
Counterintelligence and Security Enhancements Act of 1994 (50
U.S.C. 402a(c)(6)).
``(20) The annual report on intelligence activities of the
People's Republic of China required by section 308(c) of the
Intelligence Authorization Act for Fiscal Year 1998 (Public
Law 105-107; 50 U.S.C. 402a note).
``(21) The annual report on enhancing protection of
national security at the Department of Justice required by
section 606(b)(2)(B) of the Counterintelligence Reform Act of
2000 (title VI of Public Law 106-567).
``(22) The annual report on foreign companies involved in
the proliferation of weapons of mass destruction that raise
funds in the United States capital markets required by
section 314 of the Intelligence Authorization Act for Fiscal
Year 2003.
``(23) The annual report on counterdrug intelligence
matters required by section 417 of the Intelligence
Authorization Act for Fiscal Year 2003.
``(24) The annual report on certifications for immunity in
interdiction of aircraft engaged in illicit drug trafficking
required by section 1012(c)(2) of the National Defense
Authorization Act for Fiscal Year 1995 (22 U.S.C. 2291-
4(c)(2)).
``(25) The annual report on exceptions to consumer
disclosure requirements for national security investigations
under section 604(b)(4)(E) of the Fair Credit Reporting Act
(15 U.S.C. 1681b(b)(4)(E)).
``(26) The annual report on activities under the David L.
Boren National Security Education Act of 1991 (title VIII of
Public Law 102-183; 50 U.S.C. 1901 et seq.) required by
section 806(a) of that Act (50 U.S.C. 1906(a)).
``(b) Semi-Annual Reports.--The dates for the submittal to
the congressional intelligence committees of the following
semi-annual reports shall be the dates each year provided in
subsection (c)(2):
``(1) The periodic reports on intelligence provided to the
United Nations required by section 112(b)(3).
``(2) The semiannual reports on the Office of the Inspector
General of the Central Intelligence Agency required by
section 17(d)(1) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(d)(1)).
``(3) The semiannual reports on decisions not to prosecute
certain violations of law under the Classified Information
Procedures Act (5 U.S.C. App.) as required by section 13(b)
of that Act.
``(4) The semiannual reports on the acquisition of
technology relating to weapons of mass destruction and
advanced chemical munitions required by section 721(b) of the
Combatting Proliferation of Weapons of Mass Destruction Act
of 1996 (title VII of Public Law 104-293; 50 U.S.C. 2366(b)).
``(5) The semiannual reports on the activities of the
Diplomatic Telecommunications Service Program Office (DTS-PO)
required by section 322(a)(6)(D)(ii) of the Intelligence
Authorization Act for Fiscal Year 2001 (22 U.S.C.
7302(a)(6)(D)(ii)).
``(6) The semiannual reports on the disclosure of
information and consumer reports to the Federal Bureau of
Investigation for counterintelligence purposes required by
section 624(h)(2) of the Fair Credit Reporting Act (15 U.S.C.
1681u(h)(2)).
``(7) The semiannual provision of information on requests
for financial information for foreign counterintelligence
purposes required by section 1114(a)(5)(C) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C)).
``(c) Submittal Dates for Reports.--(1) Except as provided
in subsection (d), each annual report listed in subsection
(a) shall be submitted not later than February 1.
``(2) Except as provided in subsection (d), each semi-
annual report listed in subsection (b) shall be submitted not
later than February 1 and August 1.
``(d) Postponement of Submittal.--(1) Subject to paragraph
(3), the date for the submittal of an annual report listed in
subsection (a) may be postponed until March 1, or the date of
the submittal of a semiannual report listed in subsection (b)
may be postponed until March 1 or September 1, as the case
may be, if the official required to submit such report
submits to the congressional intelligence committees a
written notification of such postponement.
``(2)(A) Notwithstanding any other provision of law and
subject to paragraph (3), the
[[Page S9343]]
date for the submittal to the congressional intelligence
committees of any report described in subparagraph (B) may be
postponed by not more than 30 days from the date otherwise
specified in the provision of law for the submittal of such
report if the official required to submit such report submits
to the congressional intelligence committees a written
notification of such postponement.
``(B) A report described in this subparagraph is any report
on intelligence or intelligence-related activities of the
United States Government that is submitted under a provision
of law requiring the submittal of only a single report.
``(3)(A) The date for the submittal of a report whose
submittal is postponed under paragraph (1) or (2) may be
postponed beyond the time provided for the submittal of such
report under such paragraph if the official required to
submit such report submits to the congressional intelligence
committees a written certification that preparation and
submittal of such report at such time will impede the work of
officers or employees of the intelligence community in a
manner that will be detrimental to the national security of
the United States.
``(B) A certification with respect to a report under
subparagraph (A) shall include a proposed submittal date for
such report, and such report shall be submitted not later
than that date.
``(e) Construction.--The provisions of this section shall
not affect the date for the submittal of any report covered
by this section to a Member or committee of Congress other
than the congressional intelligence committees, or to an
official of the Executive branch.''.
(2) The table of sections for the National Security Act of
1947, as amended by section 304 of this Act, is further
amended by inserting after the item relating to section 506
the following new item:
``Sec. 507. Dates for submittal of various annual and semi-annual
reports to the congressional intelligence committees.''.
(b) Report of General Counsel of CIA on Efforts To Ensure
Compliance With Reporting Deadlines.--(1) Not later than
December 1, 2002, the General Counsel of the Central
Intelligence Agency shall submit to the congressional
intelligence committees a report on the efforts of the Office
of the General Counsel of the Central Intelligence Agency to
ensure compliance by the elements of the intelligence
community with the requirements of section 507 of the
National Security Act of 1947, as added by subsection (a).
(c) Conforming Amendments to Existing Reporting
Requirements.--
(1) National security act of 1947.--(A) Subsection (d) of
section 105 of the National Security Act of 1947 (50 U.S.C.
403-5) is amended to read as follows:
``(d) Annual Evaluation of Performance and Responsiveness
of Certain Elements of Intelligence Community.--(1) Not later
each year than the date provided in section 507, the Director
shall submit to the congressional intelligence committees the
evaluation described in paragraph (3).
``(2) The Director shall submit each year to the Committee
on Foreign Intelligence of the National Security Council, and
to the Committees on Armed Services and Appropriations of the
Senate and House of Representatives, the evaluation described
in paragraph (3).
``(3) An evaluation described in this paragraph is an
evaluation of the performance and responsiveness of the
National Security Agency, the National Reconnaissance Office,
and the National Imagery and Mapping Agency in meeting their
respective national missions.
``(4) The Director shall submit each evaluation under this
subsection in consultation with the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff.''.
(B) Section 109 of that Act (50 U.S.C. 404d) is amended--
(i) in subsection (a), by striking paragraph (1) and
inserting the following new paragraph (1):
``(1)(A) Not later each year than the date provided in
section 507, the President shall submit to the congressional
intelligence committees a report on the requirements of the
United States for intelligence and the activities of the
intelligence community.
``(B) Not later than January 31 each year, and included
with the budget of the President for the next fiscal year
under section 1105(a) of title 31, United States Code, the
President shall submit to the appropriate congressional
committees the report described in subparagraph (A).'';
(ii) in subsection (c), as amended by section 803(a) of the
Intelligence Renewal and Reform Act of 1996 (title VIII of
Public Law 104-293; 110 Stat. 3475)--
(I) in paragraph (1), by striking ``The Select Committee on
Intelligence of the Senate, the Committee on
Appropriations,'' and inserting ``The Committee on
Appropriations''; and
(II) in paragraph (2), by striking ``The Permanent Select
Committee on Intelligence of the Senate, the Committee on
Appropriations,'' and inserting ``The Committee on
Appropriations''; and
(iii) by striking subsection (c), as added by section
304(a) of the Intelligence Authorization Act for Fiscal Year
1994 (Public Law 103-178; 107 Stat. 2034).
(C) Section 112(b) of that Act (50 U.S.C. 404g(b)) is
amended by adding at the end the following new paragraph:
``(3) In the case of periodic reports required to be
submitted under the first sentence of paragraph (1) to the
congressional intelligence committees, the submittal dates
for such reports shall be as provided in section 507.''.
(D) Section 113(c) of that Act (50 U.S.C. 404h(c)) is
amended by striking ``Not later than'' and all that follows
through ``a report'' and inserting ``Not later each year than
the date provided in section 507, the Director of Central
Intelligence shall submit to the congressional intelligence
committees an annual report''.
(E) Section 114 of that Act (50 U.S.C. 404i) is amended--
(i) in subsection (a)--
(I) in paragraph (1), by striking ``the congressional
intelligence committees and'';
(II) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(III) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Not later each year than the date provided in section
507, the Director shall submit to the congressional
intelligence committees the report required to be submitted
under paragraph (1) during the preceding year.'';
and
(ii) in subsection (b)(1), by striking ``, on an annual
basis'' and all that follows through ``leadership'' and
inserting ``submit to the congressional leadership on an
annual basis, and to the congressional intelligence
committees on the date each year provided in section 507,''.
(F) Section 603 of that Act (50 U.S.C. 423) is amended--
(i) in subsection (a), by adding at the end the following
new sentence: ``The date for the submittal of the report
shall be the date provided in section 507.''; and
(ii) in subsection (b), by striking the second sentence.
(2) Central intelligence agency act of 1949.--(A) Section
5(c)(2) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403f(c)(2)) is amended--
(i) by striking ``The Director'' and all that follows
through ``an annual'' and inserting ``Not later each year
than the date provided in section 507 of the National
Security Act of 1947, the Director shall submit to the
congressional intelligence committees (as defined in section
3 of that Act (50 U.S.C. 401a)) a''; and
(ii) by inserting ``during the preceding year'' after
``paragraph (1)''.
(B) Section 17(d)(1) of that Act (50 U.S.C. 403q(d)(1)) is
amended in the second sentence by striking ``Within thirty
days of receipt of such reports,'' and inserting ``Not later
than the dates each year provided for the transmittal of such
reports in section 507 of the National Security Act of
1947,''.
(C) Section 21(g) of that Act (50 U.S.C. 403u(g)) is
amended by striking paragraph (3) and inserting the following
new paragraphs:
``(3) Not later than 30 days after the completion of an
audit under paragraph (1), the Inspector General shall submit
a copy of the audit to the Director of the Office of
Management and Budget and the Director of Central
Intelligence.
``(4) Not later each year than the date provided in section
507 of the National Security Act of 1947, the Inspector
General shall submit to the congressional intelligence
committees (as defined in section 3 of that Act (50 U.S.C.
401a)) a copy of the audit completed under paragraph (1)
during the preceding year.''.
(3) National security agency act of 1959.--Section 11(a)(5)
of the National Security Agency Act of 1959 (50 U.S.C. 402
note) is amended by striking ``Not later than'' and all that
follows through ``the Senate'' and inserting ``Not later each
year than the date provided in section 507 of the National
Security Act of 1947, the Director shall submit to the
congressional intelligence committees (as defined in section
3 of that Act (50 U.S.C. 401a)) a report''.
(4) Classified information procedures act.--Section 13 of
the Classified Information Procedures Act (5 U.S.C. App.) is
amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) In the case of the semiannual reports (whether oral
or written) required to be submitted under subsection (a) to
the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence
of the Senate, the submittal dates for such reports shall be
as provided in section 507 of the National Security Act of
1947.''.
(5) Title 10, united states code.--(A) Section 437 of title
10, United States Code, is amended--
(i) in subsection (c), by striking ``Not later than'' and
all that follows through ``of Congress'' and inserting ``Not
later each year than the date provided in section 507 of the
National Security Act of 1947, the Secretary shall submit to
the congressional intelligence committees (as defined in
section 3 of that Act (50 U.S.C. 401a))''; and
(ii) by striking subsection (d).
(B) Section 1611(e) of that title is amended--
(i) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraph (3)'';
(ii) by redesignating paragraph (2) as paragraph (3); and
(iii) by inserting after paragraph (1) the following new
paragraph (2):
[[Page S9344]]
``(2) In the case of a report required to be submitted
under paragraph (1) to the Permanent Select Committee on
Intelligence of the Senate and the Select Committee on
Intelligence of the House of Representatives, the date for
the submittal of such report shall be as provided in section
507 of the National Security Act of 1947.''.
(6) Intelligence authorization acts.--(A) Section 809 of
the Counterintelligence and Security Enhancements Act of 1994
(title VIII of Public Law 103-359; 108 Stat. 3454; 50 U.S.C.
2170b) is amended--
(i) by striking subsection (b) and inserting the following
new subsection (b):
``(b) Annual Update.--
``(1) Submittal to congressional intelligence committees.--
Not later each year than the date provided in section 507 of
the National Security Act of 1947, the President shall submit
to the congressional intelligence committees a report
updating the information referred to in subsection (a)(1)(D).
``(2) Submittal to congressional leadership.--Not later
than April 14 each year, the President shall submit to the
congressional leadership a report updating the information
referred to in subsection (a)(1)(D).
``(3) Definitions.--In this subsection:
``(A) Congressional intelligence committees.--The term
`congressional intelligence committees' has the meaning given
that term in section 3 of the National Security Act of 1947
(50 U.S.C. 401a).
``(B) Congressional leadership.--The term `congressional
leadership' means the Speaker and the minority leader of the
House of Representatives and the majority leader and the
minority leader of the Senate.''; and
(ii) by redesignating subsection (e) as subsection (d).
(B) Paragraph (6) of section 811(c) of that Act (50 U.S.C.
402a(c)) is amended to read as follows:
``(6)(A) Not later each year than the date provided in
section 507 of the National Security Act of 1947, the
Director of the Federal Bureau of Investigation shall submit
to the congressional intelligence committees (as defined in
section 3 of that Act (50 U.S.C. 401a)) a report with respect
to compliance with paragraphs (1) and (2) during the previous
calendar year.
``(B) Not later than February 1 each year, the Director
shall, in accordance with applicable security procedures,
submit to the Committees on the Judiciary of the Senate and
House of Representatives a report with respect to compliance
with paragraphs (1) and (2) during the previous calendar
year.
``(C) The Director of the Federal Bureau of Investigation
shall submit each report under this paragraph in consultation
with the Director of Central Intelligence and the Secretary
of Defense.''.
(C) Section 721 of the Combatting Proliferation of Weapons
of Mass Destruction Act of 1996 (title VII of Public Law 104-
293; 110 Stat. 3474; 50 U.S.C. 236) is amended--
(i) in subsection (a), by striking ``Not later than'' and
all that follows through ``the Director'' and inserting ``The
Director'';
(ii) by redesignating subsection (b) as subsection (c);
(iii) by inserting after subsection (a) the following new
subsection (b):
``(b) Submittal Dates.--(1) The report required by
subsection (a) shall be submitted each year to the
congressional intelligence committees on a semiannual basis
on the dates provided in section 507 of the National Security
Act of 1947.
``(2) The report required by subsection (a) shall be
submitted each year to the congressional leadership on April
11 and October 11 of such year.
``(3) In this subsection:
``(A) The term `congressional intelligence committees' has
the meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a).
``(B) The term `congressional leadership' means the Speaker
and the minority leader of the House of Representatives and
the majority leader and the minority leader of the Senate.'';
and
(iv) in subsection (c), as so redesignated, by striking
``The reports'' and inserting ``Each report''.
(D) Section 308 of the Intelligence Authorization Act for
Fiscal Year 1998 (Public Law 105-107; 111 Stat. 2253; 50
U.S.C. 402a note) is amended--
(i) in subsection (a)--
(I) by striking ``Not later than'' and all that follows
through ``the Director of Central Intelligence'' and
inserting ``The Director of Central Intelligence''; and
(II) by inserting ``on an annual basis'' after ``to
Congress''; and
(ii) by adding at the end the end the following new
subsection (c):
``(c) Submittal Date of Report to Leadership of
Congressional Intelligence Committees.--The date each year
for the submittal to the Chairman and Ranking Member of the
Permanent Select Committee on Intelligence of the House of
Representatives and the Chairman and Ranking Member of the
Select Committee on Intelligence of the Senate of the report
required by subsection (a) shall be the date provided in
section 507 of the National Security Act of 1947.''.
(E) Section 322(a)(6)(D) of the Intelligence Authorization
Act for Fiscal Year 2001 (Public Law 105-567; 114 Stat. 2844;
22 U.S.C. 7302(a)(6)(D)) is amended--
(i) in clause (i), by striking ``Beginning on'' and
inserting ``Except as provided in clause (ii), beginning
on'';
(ii) by redesignating clause (ii) as clause (iii);
(iii) by inserting after clause (i) the following new
clause (ii):
``(ii) Submittal date of reports to congressional
intelligence committees.--In the case of reports required to
be submitted under clause (i) to the congressional
intelligence committees (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a)), the
submittal dates for such reports shall be as provided in
section 507 of that Act.''; and
(iv) in clause (iii), as so redesignated, by striking
``report'' and inserting ``reports''.
(F) Section 606(b)(2) of the Counterintelligence Reform Act
of 2000 (title VI of Public Law 106-567; 114 Stat. 2854) is
amended--
(i) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraph (C)'';
(ii) by redesignating subparagraph (B) as subparagraph (C);
and
(iii) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) In the case of a report required to be submitted
under subparagraph (A) to the congressional intelligence
committees (as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 401a)), the submittal date for such
report shall be as provided in section 507 of that Act.''.
(7) Public law 103-337.--Section 1012(c) of the National
Defense Authorization Act for Fiscal Year 1995 (22 U.S.C.
2291-4(c)) is amended--
(A) in paragraph (1), by striking ``Not later than'' and
inserting ``Except as provided in paragraph (2), not later
than'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) In the case of a report required to be submitted
under paragraph (1) to the congressional intelligence
committees (as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 401a)), the submittal date for such
report shall be as provided in section 507 of that Act.''.
(8) David l. boren national security education act of
1991.--The David L. Boren National Security Education Act of
1991 (title VIII of Public Law 102-183; 50 U.S.C. 1901 et
seq.) is amended--
(A) in section 806(a) (50 U.S.C. 1906(a))--
(i) by inserting ``(1)'' before ``The Secretary'';
(ii) in paragraph (1), as so designated, by striking ``the
Congress'' and inserting ``the congressional intelligence
committees'';
(iii) by designating the second sentence as paragraph (2)
and indenting the left margin of such paragraph, as so
designated, two ems;
(iv) in paragraph (2), as so designated, by inserting
``submitted to the President'' after ``The report''; and
(v) by adding at the end the following new paragraph (3):
``(3) The report submitted to the congressional
intelligence committees shall be submitted on the date
provided in section 507 of the National Security Act of
1947.''; and
(B) in section 808 (50 U.S.C. 1908), by adding at the end
the following new paragraph (5):
``(5) The term `congressional intelligence committees'
means--
``(A) the Select Committee on Intelligence of the Senate;
and
``(B) the Permanent Select Committee on Intelligence of the
House of Representatives.''.
(9) Fair credit reporting act.--(A) Section 604(b)(4) of
the Fair Credit Reporting Act (15 U.S.C. 1681b(b)(4)) is
amended--
(i) in subparagraph (D), by striking ``Not later than'' and
inserting ``Except as provided in subparagraph (E), not later
than'';
(ii) by redesignating subparagraph (E) as subparagraph (F);
and
(iii) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) Reports to congressional intelligence committees.--In
the case of a report to be submitted under subparagraph (D)
to the congressional intelligence committees (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
401a)), the submittal date for such report shall be as
provided in section 507 of that Act.''.
(B) Section 624(h) of that Act (15 U.S.C. 1681u(h)) is
amended--
(i) by inserting ``(1)'' before ``On a semiannual basis,'';
and
(ii) by adding at the end the following new paragraph:
``(2) In the case of the semiannual reports required to be
submitted under paragraph (1) to the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate, the
submittal dates for such reports shall be as provided in
section 507 of the National Security Act of 1947.''.
(10) Right to financial privacy act of 1978.--Section
1114(a)(5)(C) of the Right to Financial Privacy Act of 1978
(12 U.S.C. 3414(a)(5)(C)) is amended by striking ``On a
semiannual'' and all that follows through ``the Senate'' and
inserting ``On the dates provided in section 507 of the
National Security Act of 1947, the Attorney General shall
fully inform the congressional intelligence committees (as
defined in section 3 of that Act (50 U.S.C. 401a))''.
[[Page S9345]]
Subtitle B--Recurring Annual Reports
SEC. 411. ANNUAL ASSESSMENT OF SATISFACTION OF INTELLIGENCE
COMMUNITY WITH COLLECTION, ANALYSIS, AND
PRODUCTION OF INTELLIGENCE.
Section 102 of the National Security Act of 1947 (50 U.S.C.
403) is amended by adding at the end the following new
subsection:
``(i) Annual Assessment of Satisfaction of Intelligence
Community With Collection, Analysis, and Production of
Intelligence.--(1) The Assistant Director of Central
Intelligence for Collection and the Assistant Director of
Central Intelligence for Analysis and Production shall
conduct each year a comprehensive review of the satisfaction
of the elements of the intelligence community with the
collection, analysis, and production of intelligence during
the preceding year.
``(2) Each review for a year under paragraph (1) shall
include--
``(A) an evaluation of the effectiveness of the
intelligence collection, analysis, and production programs of
the intelligence community in such year in meeting the
requirements of the intelligence community for intelligence,
including whether or not gaps exist in such programs; and
``(B) an assessment of the allocation of resources for the
collection, analysis, and production of intelligence in such
year to determine whether or not an alternative allocation of
such resources would better meet the requirements of the
intelligence community for intelligence.
``(3) The Assistant Directors shall jointly submit to the
Director of Central Intelligence a report on each review
conducted under paragraph (1). Each report shall--
``(A) set forth the results of the evaluation and
assessment under paragraph (2);
``(B) describe any significant successes or failures in the
collection, analysis, or production of intelligence in the
year covered by such report; and
``(C) include any recommendations regarding the collection,
analysis, or production of intelligence that the Assistant
Directors consider appropriate.
``(4) The Director of Central Intelligence shall transmit
to the congressional intelligence committees each report
submitted under paragraph (3). The Director shall include in
the transmittal of such report any comments and
recommendations regarding such report that the Director
considers appropriate.
``(5) The submittal date for a report under paragraph (4)
each year shall be the date provided in section 507.''.
SEC. 412. ANNUAL REPORT ON THREAT OF ATTACK ON THE UNITED
STATES USING WEAPONS OF MASS DESTRUCTION.
Section 114 of the National Security Act of 1947, as
amended by section 303(b)(6) of this Act, is further
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Annual Report on Threat of Attack on the United
States Using Weapons of Mass Destruction.--(1) Not later each
year than the date provided in section 507, the Director
shall submit to the congressional intelligence committees a
report assessing the following:
``(A) The current threat of attack on the United States
using ballistic missiles or cruise missiles.
``(B) The current threat of attack on the United States
using a chemical, biological, or nuclear weapon delivered by
a system other than a ballistic missile or cruise missile.
``(2) Each report under paragraph (1) shall be a national
intelligence estimate, or have the formality of a national
intelligence estimate.''.
SEC. 413. ANNUAL REPORT ON COVERT LEASES.
Section 114 of the National Security Act of 1947, as
amended by section 412 of this Act, is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Annual Report on Covert Leases.--(1) Not later each
year than the date provided in section 507, the Director
shall submit to the congressional intelligence committees a
report on each covert lease of an element of the intelligence
community that is in force as of the end of the preceding
year.
``(2) Each report under paragraph (1) shall include the
following:
``(A) A list of each lease described by that paragraph.
``(B) For each lease--
``(i) the cost of such lease;
``(ii) the duration of such lease;
``(iii) the purpose of such lease; and
``(iv) the directorate or office that controls such
lease.''.
SEC. 414. ANNUAL REPORT ON IMPROVEMENT OF FINANCIAL
STATEMENTS OF CERTAIN ELEMENTS OF THE
INTELLIGENCE COMMUNITY FOR AUDITING PURPOSES.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by inserting after
section 114 the following new section:
``annual report on improvement of financial statements for auditing
purposes
``Sec. 114A. Not later each year than the date provided in
section 507, the Director of Central Intelligence, Director
of the National Security Agency, Director of the Defense
Intelligence Agency, and Director of the National Imagery and
Mapping Agency shall each submit to the congressional
intelligence committees a report describing the activities
being undertaken by such official to ensure that the
financial statements of such agency can be audited in
accordance with applicable law and requirements of the Office
of Management and Budget.''.
(b) Clerical Amendment.--The table of sections for the
National Security Act of 1947 is amended by inserting after
the item relating to section 114 the following new item:
``Sec. 114A. Annual report on improvement of financial statements for
auditing purposes.''.
SEC. 415. ANNUAL REPORT ON ACTIVITIES OF FEDERAL BUREAU OF
INVESTIGATION PERSONNEL OUTSIDE THE UNITED
STATES.
(a) Annual Report.--Chapter 33 of title 28, United States
Code, is amended by adding at the end the following new
section:
``Sec. 540C. Annual report on activities of Federal Bureau of
Investigation personnel outside the United States
``(a) The Director of the Federal Bureau of Investigation
shall submit to the appropriate committees of Congress each
year a report on the activities of personnel of the Federal
Bureau of Investigation outside the United States.
``(b) The report under subsection (a) shall include the
following:
``(1) For the year preceding the year in which the report
is required to be submitted--
``(A) the number of personnel of the Bureau posted or
detailed outside the United States during the year;
``(B) a description of the coordination of the
investigations, asset handling, liaison, and operational
activities of the Bureau during the year with other elements
of the intelligence community; and
``(C) a description of the extent to which information
derived from activities described in subparagraph (B) was
shared with other elements of the intelligence community.
``(2) For the year in which the report is required to be
submitted--
``(A) a description of the plans, if any, of the Director--
``(i) to modify the number of personnel of the Bureau
posted or detailed outside the United States; or
``(ii) to modify the scope of the activities of personnel
of the Bureau posted or detailed outside the United States;
and
``(B) a description of the manner and extent to which
information derived from activities of the Bureau described
in paragraph (1)(B) during the year will be shared with other
elements of the intelligence community.
``(c)(1) In the case of the committees of Congress
specified in subsection (d)(1), the date of the submittal
each year of the report required by subsection (a) shall be
February 1 of such year.
``(2) In the case of the committees of Congress specified
in subsection (d)(2), the date of the submittal each year of
the report required by subsection (a) shall be the date
provided in section 507 of the National Security Act of 1947.
``(d) In this section, the term `appropriate committees of
Congress' means--
``(1) the Committees on the Judiciary of the Senate and
House of Representatives; and
``(2) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
401a)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 33 of that title is amended by inserting
after the item relating to section 540B the following new
item:
``540C. Annual report on activities of Federal Bureau of Investigation
personnel outside the United States.''.
SEC. 416. ANNUAL REPORTS OF INSPECTORS GENERAL OF THE
INTELLIGENCE COMMUNITY ON PROPOSED RESOURCES
AND ACTIVITIES OF THEIR OFFICES.
Section 8H of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in subsection (f), by striking ``this section'' and
inserting ``subsections (a) through (e)'';
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f) the following new
subsection (g):
``(g)(1) The Inspector General of the Defense Intelligence
Agency, the National Imagery and Mapping Agency, the National
Reconnaissance Office, and the National Security Agency shall
each submit to the congressional intelligence committees each
year a report that sets forth the following:
``(A) The personnel and funds requested by such Inspector
General for the fiscal year beginning in such year for the
activities of the office of such Inspector General in such
fiscal year.
``(B) The plan of such Inspector General for such
activities, including the programs and activities scheduled
for review by the office of such Inspector General during
such fiscal year.
``(C) An assessment of the current ability of such
Inspector General to hire and retain qualified personnel for
the office of such Inspector General.
``(D) Any matters that such Inspector General considers
appropriate regarding the
[[Page S9346]]
independence and effectiveness of the office of such
Inspector General.
``(2) The submittal date for a report under paragraph (1)
each year shall be the date provided in section 507 of the
National Security Act of 1947.
``(3) In this subsection, the term `congressional
intelligence committees' shall have the meaning given that
term in section 3 of the National Security Act of 1947 (50
U.S.C. 401a).''.
SEC. 417. ANNUAL REPORT ON COUNTERDRUG INTELLIGENCE MATTERS.
(a) Annual Report.--The Counterdrug Intelligence
Coordinating Group shall submit to the appropriate committees
of Congress each year a report on current counterdrug
intelligence matters. The report shall include the
recommendations of the Counterdrug Intelligence Coordinating
Group on the appropriate number of permanent staff, and of
detailed personnel, for the staff of the Counterdrug
Intelligence Executive Secretariat.
(b) Submittal Date.--(1) In the case of the committees of
Congress specified in subsection (c)(1), the date of the
submittal each year of the report required by subsection (a)
shall be February 1 of such year.
(2) In the case of the committees of Congress specified in
subsection (c)(2), the date of the submittal each year of the
report required by subsection (a) shall be the date provided
in section 507 of the National Security Act of 1947, as added
by section 401 of this Act.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Appropriations of the Senate and
House of Representatives; and
(2) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
401a)).
Subtitle C--Other Reports
SEC. 431. REPORT ON EFFECT OF COUNTRY-RELEASE RESTRICTIONS ON
ALLIED INTELLIGENCE-SHARING RELATIONSHIPS.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of Central Intelligence
shall, in consultation with the Secretary of Defense, submit
to the congressional intelligence committees a report
containing an assessment of the effect of the use of
``NOFORN'' classifications, and of other country-release
policies, procedures, and classification restrictions, on
intelligence-sharing relationships and coordinated
intelligence operations and military operations between the
United States and its allies. The report shall include an
assessment of the effect of the use of such classifications,
and of such policies, procedures, and restrictions, on
counterterrorism operations in Afghanistan and elsewhere.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committee''
means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 432. EVALUATION OF POLICIES AND PROCEDURES OF DEPARTMENT
OF STATE ON PROTECTION OF CLASSIFIED
INFORMATION AT DEPARTMENT HEADQUARTERS.
(a) Evaluation Required.--Not later than December 31 of
2002, 2003, and 2004, the Inspector General of the Department
of State shall conduct an evaluation of the policies and
procedures of the Department on the protection of classified
information at the Headquarters of the Department, including
compliance with the directives of the Director of Central
Intelligence (DCIDs) regarding the storage and handling of
Sensitive Compartmented Information (SCI) material.
(b) Annual Report.--Except as provided in subsection (c),
not later than February 1 of 2003, 2004, and 2005, the
Inspector General shall submit to the congressional
intelligence committees a report on the evaluation conducted
under subsection (a) during the preceding year.
(c) Exception.--The date each year for the submittal of a
report under subsection (b) may be postponed in accordance
with section 507(d) of the National Security Act of 1947, as
added by section 401 of this Act.
(d) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 433. STUDY OF DEPARTMENT OF STATE CONSULAR SERVICES.
(a) Sense of Congress.--Congress compliments the officers
of the Consular Service on the important role they perform
daily, many times under difficult conditions, at United
States embassies throughout the world. However, Congress is
concerned that Consular Service officers, who provide the
first line of defense against the admission of undesirable
persons into the United States, are entry-level personnel and
rotate out of Consular Service assignments as soon as
possible.
(b) Study.--The Secretary of State shall conduct a study
of--
(1) the Consular Services program of the Department of
State and the organizational structure of the Consular
Service within the Department, including promotion and
training policies, rotation frequency, level of experience
and seniority, level of oversight provided by senior Consular
Service personnel, and consistency of consular services
provided among the various United States embassies and
consulates; and
(2) the feasibility of establishing a separate employment
track within the Department of State for employees who would
serve in the Consular Service on a permanent basis and not
rotate out of Consular Service assignments.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report containing the
findings of the study conducted under subsection (b).
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on International Relations and the
Permanent Select Committee on Intelligence of the House of
Representatives.
Subtitle D--Repeal of Certain Report Requirements
SEC. 441. REPEAL OF CERTAIN REPORT REQUIREMENTS.
(a) Annual Report on Exercise of National Security Agency
Voluntary Separation Pay Authority.--Section 301(j) of the
National Security Act of 1947 (50 U.S.C. 409a(j)), as amended
by section 303(b)(2)(B) of this Act, is further amended--
(1) by striking ``Reporting Require-
ments.--'' and all that follows through ``The Director'' and
inserting ``Notification of Exercise of Authority.--The
Director''; and
(2) by striking paragraph (2).
(b) Annual Report on Use of CIA Personnel as Special
Policemen.--Section 15(a) of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403o(a)) is amended by striking
paragraph (5).
TITLE V--COUNTERINTELLIGENCE ACTIVITIES
SEC. 501. SHORT TITLE; PURPOSE.
(a) Short Title.--This title may be cited as the
``Counterintelligence Enhancement Act of 2002''.
(b) Purpose.--The purpose of this title is to facilitate
the enhancement of the counterintelligence activities of the
United States Government by--
(1) enabling the counterintelligence community of the
United States Government to fulfill better its mission of
identifying, assessing, prioritizing, and countering the
intelligence threats to the United States;
(2) ensuring that the counterintelligence community of the
United States Government acts in an efficient and effective
manner; and
(3) providing for the integration of all the
counterintelligence activities of the United States
Government.
SEC. 502. NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) Establishment.--(1) There shall be a National
Counterintelligence Executive, who shall be appointed by the
President.
(2) It is the sense of Congress that the President should
seek the views of the Attorney General, Secretary of Defense,
and Director of Central Intelligence in selecting an
individual for appointment as the Executive.
(b) Mission.--The mission of the National
Counterintelligence Executive shall be to serve as the head
of national counterintelligence for the United States
Government.
(c) Duties.--Subject to the direction and control of the
President, the duties of the National Counterintelligence
Executive are as follows:
(1) To carry out the mission referred to in subsection (c).
(2) To act as chairperson of the National
Counterintelligence Policy Board under section 811 of the
Counterintelligence and Security Enhancements Act of 1994
(title VIII of Public Law 103-359; 50 U.S.C. 402a), as
amended by section 503 of this Act.
(3) To act as head of the Office of the National
Counterintelligence Executive under section 504.
(4) To participate as an observer on such boards,
committees, and entities of the Executive branch as the
President considers appropriate for the discharge of the
mission and functions of the Executive and the Office of the
National Counterintelligence Executive under section 504.
SEC. 503. NATIONAL COUNTERINTELLIGENCE POLICY BOARD.
(a) Chairperson.--Section 811 of the Counterintelligence
and Security Enhancements Act of 1994 (title VII of Public
Law 103-359; 50 U.S.C. 402a) is amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Chairperson.--The National Counterintelligence
Executive under section 502 of the Counterintelligence
Enhancement Act of 2002 shall serve as the chairperson of the
Board.''.
(b) Membership.--That section is further amended by
inserting after subsection (b), as amended by subsection
(a)(3) of this section, the following new subsection (c):
``(c) Membership.--The membership of the National
Counterintelligence Policy Board shall consist of the
following:
``(1) The National Counterintelligence Executive.
``(2) Senior personnel of departments and elements of the
United States Government,
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appointed by the head of the department or element concerned,
as follows:
``(A) The Department of Justice, including the Federal
Bureau of Investigation.
``(B) The Department of Defense, including the Joint Chiefs
of Staff.
``(C) The Department of State.
``(D) The Department of Energy.
``(E) The Central Intelligence Agency.
``(F) Any other department, agency, or element of the
United States Government specified by the President.''.
(c) Functions and Discharge of Functions.--That section is
further amended by inserting after subsection (c), as amended
by subsection (b) of this section, the following new
subsection:
``(d) Functions and Discharge of Functions.--(1) The Board
shall--
``(A) serve as the principal mechanism for--
``(i) developing policies and procedures for the approval
of the President to govern the conduct of counterintelligence
activities; and
``(ii) upon the direction of the President, resolving
conflicts that arise between elements of the Government
conducting such activities; and
``(B) act as an interagency working group to--
``(i) ensure the discussion and review of matters relating
to the implementation of the Counterintelligence Enhancement
Act of 2002; and
``(ii) provide advice to the National Counterintelligence
Executive on priorities in the implementation of the National
Counterintelligence Strategy produced by the Office of the
National Counterintelligence Executive under section
504(e)(2) of that Act.
``(2) The Board may, for purposes of carrying out its
functions under this section, establish such interagency
boards and working groups as the Board considers
appropriate.''.
SEC. 504. OFFICE OF THE NATIONAL COUNTERINTELLIGENCE
EXECUTIVE.
(a) Establishment.--There shall be an Office of the
National Counterintelligence Executive.
(b) Head of Office.--The National Counterintelligence
Executive shall be the head of the Office of the National
Counterintelligence Executive.
(c) Location of Office.--The Office of the National
Counterintelligence Executive shall be located in the
Executive Office of the President.
(d) General Counsel.--(1) There shall be in the Office of
the National Counterintelligence Executive a general counsel
who shall serve as principal legal advisor to the National
Counterintelligence Executive.
(2) The general counsel shall--
(A) provide legal advice and counsel to the Executive on
matters relating to functions of the Office;
(B) ensure that the Office complies with all applicable
laws, regulations, Executive orders, and guidelines; and
(C) carry out such other duties as the Executive may
specify.
(e) Functions.--Subject to the direction and control of the
National Counterintelligence Executive, the functions of the
Office of the National Counterintelligence Executive shall be
as follows:
(1) National threat identification and prioritization
assessment.--Subject to subsection (f), in consultation with
appropriate department and agencies of the United States
Government, and private sector entities, to produce on an
annual basis a strategic planning assessment of the
counterintelligence requirements of the United States to be
known as the National Threat Identification and
Prioritization Assessment.
(2) National counterintelligence strategy.--Subject to
subsection (f), in consultation with appropriate department
and agencies of the United States Government, and private
sector entities, and based on the most current National
Threat Identification and Prioritization Assessment under
paragraph (1), to produce on an annual basis a strategy for
the counterintelligence programs and activities of the United
States Government to be known as the National
Counterintelligence Strategy.
(3) Implementation of national counterintelligence
strategy.--To evaluate on an on-going basis the
implementation of the National Counterintelligence Strategy
and to submit to the President periodic reports on such
evaluation, including a discussion of any shortfalls in the
implementation of the Strategy and recommendations for
remedies for such shortfalls.
(4) National counterintelligence strategic analyses.--As
directed by the Director of Central Intelligence and in
consultation with appropriate elements of the departments and
agencies of the United States Government, to oversee and
coordinate the production of strategic analyses of
counterintelligence matters, including the production of
counterintelligence damage assessments and assessments of
lessons learned from counterintelligence activities.
(5) National counterintelligence program budget.--In
consultation with the Director of Central Intelligence--
(A) to coordinate the development of budgets and resource
allocation plans for the counterintelligence programs and
activities of the Department of Defense, the Federal Bureau
of Investigation, the Central Intelligence Agency, and other
appropriate elements of the United States Government;
(B) to ensure that the budgets and resource allocations
plans developed under subparagraph (A) address the objectives
and priorities for counterintelligence under the National
Counterintelligence Strategy; and
(C) to submit to the National Security Council periodic
reports on the activities undertaken by the Office under
subparagraphs (A) and (B).
(6) National counterintelligence collection and targeting
coordination.--To develop priorities for counterintelligence
investigations and operations, and for collection of
counterintelligence, for purposes of the National
Counterintelligence Strategy, except that the Office may
not--
(A) carry out any counterintelligence investigations or
operations; or
(B) establish its own contacts, or carry out its own
activities, with foreign intelligence services.
(7) National counterintelligence outreach, watch, and
warning.--
(A) Counterintelligence vulnerability surveys.--To carry
out and coordinate surveys of the vulnerability of the United
States Government, and the private sector, to intelligence
threats in order to identify the areas, programs, and
activities that require protection from such threats.
(B) Outreach.--To carry out and coordinate outreach
programs and activities on counterintelligence to other
elements of the United States Government, and the private
sector, and to coordinate the dissemination to the public of
warnings on intelligence threats to the United States.
(C) Research and development.--To ensure that research and
development programs and activities of the United States
Government, and the private sector, direct attention to the
needs of the counterintelligence community for technologies,
products, and services.
(D) Training and professional development.--To develop
policies and standards for training and professional
development of individuals engaged in counterintelligence
activities and to manage the conduct of joint training
exercises for such personnel.
(f) Additional Requirements Regarding National Threat
Identification and Prioritization Assessment and National
Counterintelligence Strategy.--(1) A National Threat
Identification and Prioritization Assessment under subsection
(e)(1), and any modification of such assessment, shall not go
into effect until approved by the President.
(2) A National Counterintelligence Strategy under
subsection (e)(2), and any modification of such strategy,
shall not go into effect until approved by the President.
(3) The National Counterintelligence Executive shall submit
to the congressional intelligence committees each National
Threat Identification and Prioritization Assessment, or
modification thereof, and each National Counterintelligence
Strategy, or modification thereof, approved under this
section.
(4) In this subsection, the term ``congressional
intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(g) Personnel.--(1) Personnel of the Office of the National
Counterintelligence Executive may consist of personnel
employed by the Office or personnel on detail from any other
department, agency, or element of the Federal Government. Any
such detail may be on a reimbursable or non-reimbursable
basis, at the election of the head of the agency detailing
such personnel.
(2) Notwithstanding section 104(d) or any other provision
of law limiting the period of the detail of personnel on a
non-reimbursable basis, the detail of an officer or employee
of United States or a member of the Armed Forces under
paragraph (1) on a non-reimbursable basis may be for any
period in excess of one year that the National
Counterintelligence Executive and the head of the department,
agency, or element concerned consider appropriate.
(3) The employment of personnel by the Office, including
the appointment, compensation and benefits, management, and
separation of such personnel, shall be governed by the
provisions of law on such matters with respect to the
personnel of the Central Intelligence Agency, except that,
for purposes of the applicability of such provisions of law
to personnel of the Office, the National Counterintelligence
Executive shall be treated as the head of the Office.
(4) Positions in the Office shall be excepted service
positions for purposes of title 5, United States Code.
(h) Support.--(1) The Attorney General, Secretary of
Defense, and Director of Central Intelligence may each
provide the Office of the National Counterintelligence
Executive such support as may be necessary to permit the
Office to carry out its functions under this section.
(2) Subject to any terms and conditions specified by the
Director of Central Intelligence, the Director may provide
administrative and contract support to the Office as if the
Office were an element of the Central Intelligence Agency.
(3) Support provided under this subsection may be provided
on a reimbursable or non-reimbursable basis, at the election
of the official providing such support.
(i) Availability of Funds for Reimbursement.--The National
Counterintelligence Executive may, from amounts available for
the Office, transfer to a department or agency detailing
personnel under subsection (g), or providing support under
subsection (h), on a
[[Page S9348]]
reimbursable basis amounts appropriate to reimburse such
department or agency for the detail of such personnel or the
provision of such support, as the case may be.
(j) Contracts.--(1) Subject to paragraph (2), the National
Counterintelligence Executive may enter into any contract,
lease, cooperative agreement, or other transaction that the
Executive considers appropriate to carry out the functions of
the Office of the National Counterintelligence Executive
under this section.
(2) The authority under paragraph (1) to enter into
contracts, leases, cooperative agreements, and other
transactions shall be subject to any terms, conditions, and
limitations applicable to the Central Intelligence Agency
under law with respect to similar contracts, leases,
cooperative agreements, and other transactions.
(k) Treatment of Activities Under Certain Administrative
Laws.--(1) The provisions of the Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the activities of the
Office of the National Counterintelligence Executive.
(2) The files of the Office shall be treated as operational
files of the Central Intelligence Agency for purposes of
section 701 of the National Security Act of 1947 (50 U.S.C.
431) to the extent such files meet criteria under subsection
(b) of that section for treatment of files as operational
files of an element of the Agency.
(l) Oversight by Congress.--The location of the Office of
the National Counterintelligence Executive within the
Executive Office of the President shall not be construed as
affecting access by Congress, or any committee of Congress,
to--
(1) any information, document, record, or paper in the
possession of the Office; or
(2) any personnel of the Office.
(m) Designation of Office as Element of Intelligence
Community.--Section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following new
subparagraph (J):
``(J) the Office of the National Counterintelligence
Executive; and''.
TITLE VI--NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT
PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY
SEC. 601. FINDINGS.
Congress makes the following findings:
(1) Research and development efforts under the purview of
the intelligence community are vitally important to the
national security of the United States.
(2) The intelligence community must operate in a dynamic,
highly-challenging environment, characterized by rapid
technological growth, against a growing number of hostile,
technically-sophisticated threats. Research and development
programs under the purview of the intelligence community are
critical to ensuring that intelligence agencies, and their
personnel, are provided with important technological
capabilities to detect, characterize, assess, and ultimately
counter the full range of threats to the national security of
the United States.
(3) There is a need to review the full range of current
research and development programs under the purview of the
intelligence community, evaluate such programs against the
scientific and technological fields judged to be of most
importance, and articulate program and resource priorities
for future research and development activities to ensure a
unified and coherent research and development program across
the entire intelligence community.
SEC. 602. NATIONAL COMMISSION FOR THE REVIEW OF THE RESEARCH
AND DEVELOPMENT PROGRAMS OF THE UNITED STATES
INTELLIGENCE COMMUNITY.
(a) Establishment.--There is established a commission to be
known as the ``National Commission for the Review of the
Research and Development Programs of the United States
Intelligence Community'' (in this title referred to as the
``Commission'').
(b) Composition.--The Commission shall be composed of 12
members, as follows:
(1) The Deputy Director of Central Intelligence for
Community Management.
(2) A senior intelligence official of the Office of the
Secretary of Defense, as designated by the Secretary of
Defense.
(3) Three members appointed by the Majority Leader of the
Senate, in consultation with the Chairman of the Select
Committee on Intelligence of the Senate, one from Members of
the Senate and two from private life.
(4) Two members appointed by the Minority Leader of the
Senate, in consultation with the Vice Chairman of the Select
Committee on Intelligence of the Senate, one from Members of
the Senate and one from private life.
(5) Three members appointed by the Speaker of the House of
Representatives, in consultation with the Chairman of the
Permanent Select Committee on Intelligence of the House of
Representatives, one from Members of the House of
Representatives and two from private life.
(6) Two members appointed by the Minority Leader of the
House of Representatives, in consultation with the ranking
member of the Permanent Select Committee on Intelligence of
the House of Representatives, one from Members of the House
of Representatives and one from private life.
(c) Membership.--(1) The individuals appointed from private
life as members of the Commission shall be individuals who
are nationally recognized for expertise, knowledge, or
experience in--
(A) research and development programs;
(B) technology discovery and insertion;
(C) use of intelligence information by national
policymakers and military leaders; or
(D) the implementation, funding, or oversight of the
national security policies of the United States.
(2) An official who appoints members of the Commission may
not appoint an individual as a member of the Commission if,
in the judgment of the official, such individual possesses
any personal or financial interest in the discharge of any of
the duties of the Commission.
(3) All members of the Commission appointed from private
life shall possess an appropriate security clearance in
accordance with applicable laws and regulations concerning
the handling of classified information.
(d) Co-Chairs.--(1) The Commission shall have two co-
chairs, selected from among the members of the Commission.
(2) One co-chair of the Commission shall be a member of the
Democratic Party, and one co-chair shall be a member of the
Republican Party.
(3) The individuals who serve as the co-chairs of the
Commission shall be jointly agreed upon by the President, the
Majority Leader of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives, and the
Minority Leader of the House of Representatives.
(e) Appointment; Initial Meeting.--(1) Members of the
Commission shall be appointed not later than 45 days after
the date of the enactment of this Act.
(2) The Commission shall hold its initial meeting on the
date that is 60 days after the date of the enactment of this
Act.
(f) Meetings; Quorum; Vacancies.--(1) After its initial
meeting, the Commission shall meet upon the call of the co-
chairs of the Commission.
(2) Six members of the Commission shall constitute a quorum
for purposes of conducting business, except that two members
of the Commission shall constitute a quorum for purposes of
receiving testimony.
(3) Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the
original appointment was made.
(4) If vacancies in the Commission occur on any day after
45 days after the date of the enactment of this Act, a quorum
shall consist of a majority of the members of the Commission
as of such day.
(g) Actions of Commission.--(1) The Commission shall act by
resolution agreed to by a majority of the members of the
Commission voting and present.
(2) The Commission may establish panels composed of less
than the full membership of the Commission for purposes of
carrying out the duties of the Commission under this title.
The actions of any such panel shall be subject to the review
and control of the Commission. Any findings and
determinations made by such a panel shall not be considered
the findings and determinations of the Commission unless
approved by the Commission.
(3) Any member, agent, or staff of the Commission may, if
authorized by the co-chairs of the Commission, take any
action which the Commission is authorized to take pursuant to
this title.
(h) Duties.--The duties of the Commission shall be--
(1) to conduct, until not later than the date on which the
Commission submits the report under section 607(a), the
review described in subsection (i); and
(2) to submit to the congressional intelligence committees,
the Director of Central Intelligence, and the Secretary of
Defense a final report on the results of the review.
(i) Review.--The Commission shall review the status of
research and development programs and activities within the
intelligence community, including--
(1) an assessment of the advisability of modifying the
scope of research and development for purposes of such
programs and activities;
(2) a review of the particular individual research and
development activities under such programs;
(3) an evaluation of the current allocation of resources
for research and development, including whether the
allocation of such resources for that purpose should be
modified;
(4) an identification of the scientific and technological
fields judged to be of most importance to the intelligence
community;
(5) an evaluation of the relationship between the research
and development programs and activities of the intelligence
community and the research and development programs and
activities of other departments and agencies of the Federal
Government; and
(6) an evaluation of the relationship between the research
and development programs and activities of the intelligence
community and the research and development programs and
activities of the private sector.
SEC. 603. POWERS OF COMMISSION.
(a) In General.--(1) The Commission or, on the
authorization of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out the provisions
of this title--
(A) hold such hearings and sit and act at such times and
places, take such testimony,
[[Page S9349]]
receive such evidence, and administer such oaths; and
(B) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, and documents, as
the Commission or such designated subcommittee or designated
member considers necessary.
(2) Subpoenas may be issued under subparagraph (1)(B) under
the signature of the co-chairs of the Commission, and may be
served by any person designated by such co-chairs.
(3) The provisions of sections 102 through 104 of the
Revised Statutes of the United States (2 U.S.C. 192-194)
shall apply in the case of any failure of a witness to comply
with any subpoena or to testify when summoned under authority
of this section.
(b) Contracting.--The Commission may, to such extent and in
such amounts as are provided in advance in appropriation
Acts, enter into contracts to enable the Commission to
discharge its duties under this title.
(c) Information From Federal Agencies.--The Commission may
secure directly from any executive department, agency,
bureau, board, commission, office, independent establishment,
or instrumentality of the Government information,
suggestions, estimates, and statistics for the purposes of
this title. Each such department, agency, bureau, board,
commission, office, establishment, or instrumentality shall,
to the extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request of the co-chairs of the Commission.
The Commission shall handle and protect all classified
information provided to it under this section in accordance
with applicable statutes and regulations.
(d) Assistance From Federal Agencies.--(1) The Director of
Central Intelligence shall provide to the Commission, on a
nonreimbursable basis, such administrative services, funds,
staff, facilities, and other support services as are
necessary for the performance of the Commission's duties
under this title.
(2) The Secretary of Defense may provide the Commission, on
a nonreimbursable basis, with such administrative services,
staff, and other support services as the Commission may
request.
(3) In addition to the assistance set forth in paragraphs
(1) and (2), other departments and agencies of the United
States may provide the Commission such services, funds,
facilities, staff, and other support as such departments and
agencies consider advisable and as may be authorized by law.
(4) The Commission shall receive the full and timely
cooperation of any official, department, or agency of the
United States Government whose assistance is necessary for
the fulfillment of the duties of the Commission under this
title, including the provision of full and current briefings
and analyses.
(e) Prohibition on Withholding Information.--No department
or agency of the Government may withhold information from the
Commission on the grounds that providing the information to
the Commission would constitute the unauthorized disclosure
of classified information or information relating to
intelligence sources or methods.
(f) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as the departments and agencies of the United States.
(g) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property in carrying out
its duties under this title.
SEC. 604. STAFF OF COMMISSION.
(a) In General.--(1) The co-chairs of the Commission, in
accordance with rules agreed upon by the Commission, shall
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission
to carry out its duties, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III or chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable to a person occupying a
position at level V of the Executive Schedule under section
5316 of such title.
(2) Any Federal Government employee may be detailed to the
Commission without reimbursement from the Commission, and
such detailee shall retain the rights, status, and privileges
of his or her regular employment without interruption.
(3) All staff of the Commission shall possess a security
clearance in accordance with applicable laws and regulations
concerning the handling of classified information.
(b) Consultant Services.--(1) The Commission may procure
the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not
to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
such title.
(2) All experts and consultants employed by the Commission
shall possess a security clearance in accordance with
applicable laws and regulations concerning the handling of
classified information.
SEC. 605. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--(1) Except as provided in paragraph (2),
each member of the Commission may be compensated at not to
exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code,
for each day during which that member is engaged in the
actual performance of the duties of the Commission under this
title.
(2) Members of the Commission who are officers or employees
of the United States or Members of Congress shall receive no
additional pay by reason of their service on the Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission may be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
SEC. 606. TREATMENT OF INFORMATION RELATING TO NATIONAL
SECURITY.
(a) In General.--(1) The Director of Central Intelligence
shall assume responsibility for the handling and disposition
of any information related to the national security of the
United States that is received, considered, or used by the
Commission under this title.
(2) Any information related to the national security of the
United States that is provided to the Commission by a
congressional intelligence committee may not be further
provided or released without the approval of the chairman of
such committee.
(b) Access After Termination of Commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under section 607, only the
Members and designated staff of the congressional
intelligence committees, the Director of Central Intelligence
(and the designees of the Director), and such other officials
of the executive branch as the President may designate shall
have access to information related to the national security
of the United States that is received, considered, or used by
the Commission.
SEC. 607. FINAL REPORT; TERMINATION.
(a) Final Report.--Not later than September 1, 2003, the
Commission shall submit to the congressional intelligence
committees, the Director of Central Intelligence, and the
Secretary of Defense a final report as required by section
602(h)(2).
(b) Termination.--(1) The Commission, and all the
authorities of this title, shall terminate at the end of the
120-day period beginning on the date on which the final
report under subsection (a) is transmitted to the
congressional intelligence committees.
(2) The Commission may use the 120-day period referred to
in paragraph (1) for the purposes of concluding its
activities, including providing testimony to Congress
concerning the final report referred to in that paragraph and
disseminating the report.
SEC. 608. ASSESSMENTS OF FINAL REPORT.
Not later than 60 days after receipt of the final report
under section 607(a), the Director of Central Intelligence
and the Secretary of Defense shall each submit to the
congressional intelligence committees an assessment by the
Director or the Secretary, as the case may be, of the final
report. Each assessment shall include such comments on the
findings and recommendations contained in the final report as
the Director or Secretary, as the case may be, considers
appropriate.
SEC. 609. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE
PROVISIONS.
(a) Federal Advisory Committee Act.--The provisions of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the activities of the Commission under this title.
(b) Freedom of Information Act.--The provisions of section
552 of title 5, United States Code (commonly referred to as
the Freedom of Information Act), shall not apply to the
activities, records, and proceedings of the Commission under
this title.
SEC. 610. FUNDING.
(a) Transfer From the Community Management Account.--Of the
amounts authorized to be appropriated by this Act for the
Intelligence Technology Innovation Center of the Community
Management Account, the Deputy Director of Central
Intelligence for Community Management shall transfer to the
Director of Central Intelligence $2,000,000 for purposes of
the activities of the Commission under this title.
(b) Availability in General.--The Director of Central
Intelligence shall make available to the Commission, from the
amount transferred to the Director under subsection (a), such
amounts as the Commission may require for purposes of the
activities of the Commission under this title.
(c) Duration of Availability.--Amounts made available to
the Commission under subsection (b) shall remain available
until expended.
SEC. 611. DEFINITIONS.
In this title:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of
the National Security Act of 1947 (50 U.S.C. 401a).
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