[Congressional Record Volume 148, Number 146 (Wednesday, November 13, 2002)]
[House]
[Pages H8595-H8722]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HOMELAND SECURITY ACT OF 2002
Mr. ARMEY. Mr. Speaker, pursuant to House Resolution 600, I call up
the bill (H.R. 5710) to establish the Department of Homeland Security,
and for other purposes, and ask for its immediate consideration.
The Clerk read the title of the bill.
The text of H.R. 5710 is as follows:
H.R. 5710
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) 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.
TITLE I--DEPARTMENT OF HOMELAND SECURITY
Sec. 101. Executive department; mission.
Sec. 102. Secretary; functions.
Sec. 103. Other officers.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Directorate for Information Analysis and Infrastructure
Protection; Access to Information
Sec. 201. Directorate for Information Analysis and Infrastructure
Protection.
Sec. 202. Access to information.
Subtitle B--Critical Infrastructure Information
Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Designation of critical infrastructure protection program.
Sec. 214. Protection of voluntarily shared critical infrastructure
information.
Sec. 215. No private right of action.
Subtitle C--Information Security
Sec. 221. Procedures for sharing information.
Sec. 222. Privacy Officer.
Sec. 223. Enhancement of non-Federal cybersecurity.
Sec. 224. Net guard.
Sec. 225. Cyber Security Enhancement Act of 2002.
Subtitle D--Office of Science and Technology
Sec. 231. Establishment of office; Director.
Sec. 232. Mission of office; duties.
Sec. 233. Definition of law enforcement technology.
Sec. 234. Abolishment of Office of Science and Technology of National
Institute of Justice; transfer of functions.
Sec. 235. National Law Enforcement and Corrections Technology Centers.
Sec. 236. Coordination with other entities within Department of
Justice.
Sec. 237. Amendments relating to National Institute of Justice.
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. Federally funded research and development centers.
Sec. 306. Miscellaneous provisions.
Sec. 307. Homeland Security Advanced Research Projects Agency.
Sec. 308. Conduct of research, development, demonstration, testing and
evaluation.
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. Homeland Security Science and Technology Advisory Committee.
Sec. 312. Homeland Security Institute.
Sec. 313. Technology clearinghouse to encourage and support innovative
solutions to enhance homeland security.
TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY
Subtitle A--Under Secretary for Border and Transportation Security
Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Responsibilities.
Sec. 403. Functions transferred.
Subtitle B--United States Customs Service
Sec. 411. Establishment; Commissioner of Customs.
Sec. 412. Retention of customs revenue functions by Secretary of the
Treasury.
Sec. 413. Preservation of customs funds.
Sec. 414. Separate budget request for customs.
Sec. 415. Definition.
Sec. 416. GAO report to Congress.
Sec. 417. Allocation of resources by the Secretary.
Sec. 418. Reports to Congress.
Sec. 419. Customs user fees.
Subtitle C--Miscellaneous Provisions
Sec. 421. Transfer of certain agricultural inspection functions of the
Department of Agriculture.
Sec. 422. Functions of Administrator of General Services.
Sec. 423. Functions of Transportation Security Administration.
Sec. 424. Preservation of Transportation Security Administration as a
distinct entity.
Sec. 425. Explosive detection systems.
Sec. 426. Transportation security.
Sec. 427. Coordination of information and information technology.
Sec. 428. Visa issuance.
Sec. 429. Information on visa denials required to be entered into
electronic data system.
Sec. 430. Office for Domestic Preparedness.
Subtitle D--Immigration Enforcement Functions
Sec. 441. Transfer of functions to Under Secretary for Border and
Transportation Security.
Sec. 442. Establishment of Bureau of Border Security.
Sec. 443. Professional responsibility and quality review.
Sec. 444. Employee discipline.
Sec. 445. Report on improving enforcement functions.
Sec. 446. Sense of Congress regarding construction of fencing near San
Diego, California.
Subtitle E--Citizenship and Immigration Services
Sec. 451. Establishment of Bureau of Citizenship and Immigration
Services.
Sec. 452. Citizenship and Immigration Services Ombudsman.
Sec. 453. Professional responsibility and quality review.
Sec. 454. Employee discipline.
Sec. 455. Effective date.
Sec. 456. Transition.
Sec. 457. Funding for citizenship and immigration services.
Sec. 458. Backlog elimination.
Sec. 459. Report on improving immigration services.
Sec. 460. Report on responding to fluctuating needs.
Sec. 461. Application of Internet-based technologies.
Sec. 462. Children's affairs.
Subtitle F--General Immigration Provisions
Sec. 471. Abolishment of INS.
Sec. 472. Voluntary separation incentive payments.
Sec. 473. Authority to conduct a demonstration project relating to
disciplinary action.
Sec. 474. Sense of Congress.
Sec. 475. Director of Shared Services.
Sec. 476. Separation of funding.
Sec. 477. Reports and implementation plans.
Sec. 478. Immigration functions.
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.
Sec. 507. Role of Federal Emergency Management Agency.
Sec. 508. Use of national private sector networks in emergency
response.
Sec. 509. Use of commercially available technology, goods, and
services.
TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS
Sec. 601. Treatment of charitable trusts for members of the Armed
Forces of the United States and other governmental
organizations.
[[Page H8596]]
TITLE VII--MANAGEMENT
Sec. 701. Under Secretary for Management.
Sec. 702. Chief Financial Officer.
Sec. 703. Chief Information Officer.
Sec. 704. Chief Human Capital Officer.
Sec. 705. Establishment of Officer for Civil Rights and Civil
Liberties.
Sec. 706. Consolidation and co-location of offices.
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
Subtitle A--Coordination with Non-Federal Entities
Sec. 801. Office for State and Local Government Coordination.
Subtitle B--Inspector General
Sec. 811. Authority of the Secretary.
Sec. 812. Law enforcement powers of Inspector General agents.
Subtitle C--United States Secret Service
Sec. 821. Functions transferred.
Subtitle D--Acquisitions
Sec. 831. Research and development projects.
Sec. 832. Personal services.
Sec. 833. Special streamlined acquisition authority.
Sec. 834. Unsolicited proposals.
Sec. 835. Prohibition on contracts with corporate expatriates.
Subtitle E--Human Resources Management
Sec. 841. Establishment of Human Resources Management System.
Sec. 842. Labor-management relations.
Subtitle F--Federal Emergency Procurement Flexibility
Sec. 851. Definition.
Sec. 852. Procurements for defense against or recovery from terrorism
or nuclear, biological, chemical, or radiological attack.
Sec. 853. Increased simplified acquisition threshold for procurements
in support of humanitarian or peacekeeping operations or
contingency operations.
Sec. 854. Increased micro-purchase threshold for certain procurements.
Sec. 855. Application of certain commercial items authorities to
certain procurements.
Sec. 856. Use of streamlined procedures.
Sec. 857. Review and report by Comptroller General.
Sec. 858. Identification of new entrants into the Federal marketplace.
Subtitle G--Support Anti-terrorism by Fostering Effective Technologies
Act of 2002
Sec. 861. Short title.
Sec. 862. Administration.
Sec. 863. Litigation management.
Sec. 864. Risk management.
Sec. 865. Definitions.
Subtitle H--Miscellaneous Provisions
Sec. 871. Advisory committees.
Sec. 872. Reorganization.
Sec. 873. Use of appropriated funds.
Sec. 874. Future Year Homeland Security Program.
Sec. 875. Miscellaneous authorities.
Sec. 876. Military activities.
Sec. 877. Regulatory authority and preemption.
Sec. 878. Counternarcotics officer.
Sec. 879. Office of International Affairs.
Sec. 880. Prohibition of the Terrorism Information and Prevention
System.
Sec. 881. Review of pay and benefit plans.
Sec. 882. Office for National Capital Region Coordination.
Sec. 883. Requirement to comply with laws protecting equal employment
opportunity and providing whistleblower protections.
Sec. 884. Federal Law Enforcement Training Center.
Sec. 885. Joint Interagency Task Force.
Sec. 886. Sense of Congress reaffirming the continued importance and
applicability of the Posse Comitatus Act.
Sec. 887. Coordination with the Department of Health and Human Services
under the Public Health Service Act.
Sec. 888. Preserving Coast Guard mission performance.
Sec. 889. Homeland security funding analysis in President's budget.
Sec. 890. Air Transportation Safety and System Stabilization Act.
Subtitle I--Information Sharing
Sec. 891. Short title; findings; and sense of Congress.
Sec. 892. Facilitating homeland security information sharing
procedures.
Sec. 893. Report.
Sec. 894. Authorization of appropriations.
Sec. 895. Authority to share grand jury information.
Sec. 896. Authority to share electronic, wire, and oral interception
information.
Sec. 897. Foreign intelligence information.
Sec. 898. Information acquired from an electronic surveillance.
Sec. 899. Information acquired from a physical search.
TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL
Sec. 901. National Homeland Security Council.
Sec. 902. Function.
Sec. 903. Membership.
Sec. 904. Other functions and activities.
Sec. 905. Staff composition.
Sec. 906. Relation to the National Security Council.
TITLE X--INFORMATION SECURITY
Sec. 1001. Information security.
Sec. 1002. Management of information technology.
Sec. 1003. National Institute of Standards and Technology.
Sec. 1004. Information Security and Privacy Advisory Board.
Sec. 1005. Technical and conforming amendments.
Sec. 1006. Construction.
TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS
Subtitle A--Executive Office for Immigration Review
Sec. 1101. Legal status of EOIR.
Sec. 1102. Authorities of the Attorney General.
Sec. 1103. Statutory construction.
Subtitle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to
the Department of Justice
Sec. 1111. Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Sec. 1112. Technical and conforming amendments.
Sec. 1113. Powers of agents of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives.
Sec. 1114. Explosives training and research facility.
Sec. 1115. Personnel management demonstration project.
Subtitle C--Explosives
Sec. 1121. Short title.
Sec. 1122. Permits for purchasers of explosives.
Sec. 1123. Persons prohibited from receiving or possessing explosive
materials.
Sec. 1124. Requirement to provide samples of explosive materials and
ammonium nitrate.
Sec. 1125. Destruction of property of institutions receiving Federal
financial assistance.
Sec. 1126. Relief from disabilities.
Sec. 1127. Theft reporting requirement.
Sec. 1128. Authorization of appropriations.
TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION
Sec. 1201. Air carrier liability for third party claims arising out of
acts of terrorism.
Sec. 1202. Extension of insurance policies.
Sec. 1203. Correction of reference.
Sec. 1204. Report.
TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT
Subtitle A--Chief Human Capital Officers
Sec. 1301. Short title.
Sec. 1302. Agency Chief Human Capital Officers.
Sec. 1303. Chief Human Capital Officers Council.
Sec. 1304. Strategic human capital management.
Sec. 1305. Effective date.
Subtitle B--Reforms Relating to Federal Human Capital Management
Sec. 1311. Inclusion of agency human capital strategic planning in
performance plans and programs performance reports.
Sec. 1312. Reform of the competitive service hiring process.
Sec. 1313. Permanent extension, revision, and expansion of authorities
for use of voluntary separation incentive pay and
voluntary early retirement.
Sec. 1314. Student volunteer transit subsidy.
Subtitle C--Reforms Relating to the Senior Executive Service
Sec. 1321. Repeal of recertification requirements of senior executives.
Sec. 1322. Adjustment of limitation on total annual compensation.
Subtitle D--Academic Training
Sec. 1331. Academic training.
Sec. 1332. Modifications to National Security Education Program.
TITLE XIV--ARMING PILOTS AGAINST TERRORISM
Sec. 1401. Short title.
Sec. 1402. Federal Flight Deck Officer Program.
Sec. 1403. Crew training.
Sec. 1404. Commercial airline security study.
Sec. 1405. Authority to arm flight deck crew with less-than-lethal
weapons.
Sec. 1406. Technical amendments.
TITLE XV--TRANSITION
Subtitle A--Reorganization Plan
Sec. 1501. Definitions.
Sec. 1502. Reorganization plan.
Sec. 1503. Review of congressional committee structures.
Subtitle B--Transitional Provisions
Sec. 1511. Transitional authorities.
Sec. 1512. Savings provisions.
Sec. 1513. Terminations.
Sec. 1514. National identification system not authorized.
Sec. 1515. Continuity of Inspector General oversight.
Sec. 1516. Incidental transfers.
Sec. 1517. Reference.
[[Page H8597]]
TITLE XVI--CORRECTIONS TO EXISTING LAW RELATING TO AIRLINE
TRANSPORTATION SECURITY
Sec. 1601. Retention of security sensitive information authority at
Department of Transportation.
Sec. 1602. Increase in civil penalties.
Sec. 1603. Allowing United States citizens and United States nationals
as screeners.
TITLE XVII--CONFORMING AND TECHNICAL AMENDMENTS
Sec. 1701. Inspector General Act of 1978.
Sec. 1702. Executive Schedule.
Sec. 1703. United States Secret Service.
Sec. 1704. Coast Guard.
Sec. 1705. Strategic national stockpile and smallpox vaccine
development.
Sec. 1706. Transfer of certain security and law enforcement functions
and authorities.
Sec. 1707. Transportation security regulations.
Sec. 1708. National Bio-Weapons Defense Analysis Center.
Sec. 1709. Collaboration with the Secretary of Homeland Security.
Sec. 1710. Railroad safety to include railroad security.
Sec. 1711. Hazmat safety to include hazmat security.
Sec. 1712. Office of Science and Technology Policy.
Sec. 1713. National Oceanographic Partnership Program.
Sec. 1714. Clarification of definition of manufacturer.
Sec. 1715. Clarification of definition of vaccine-related injury or
death.
Sec. 1716. Clarification of definition of vaccine.
Sec. 1717. Effective date.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Each of the terms ``American homeland'' and
``homeland'' means the United States.
(2) The term ``appropriate congressional committee'' means
any committee of the House of Representatives or the Senate
having legislative or oversight jurisdiction under the Rules
of the House of Representatives or the Senate, respectively,
over the matter concerned.
(3) The term ``assets'' includes contracts, facilities,
property, records, unobligated or unexpended balances of
appropriations, and other funds or resources (other than
personnel).
(4) The term ``critical infrastructure'' has the meaning
given that term in section 1016(e) of Public Law 107-56 (42
U.S.C. 5195c(e)).
(5) The term ``Department'' means the Department of
Homeland Security.
(6) The term ``emergency response providers'' includes
Federal, State, and local emergency public safety, law
enforcement, emergency response, emergency medical (including
hospital emergency facilities), and related personnel,
agencies, and authorities.
(7) 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.
(8) The term ``functions'' includes authorities, powers,
rights, privileges, immunities, programs, projects,
activities, duties, and responsibilities.
(9) The term ``key resources'' means publicly or privately
controlled resources essential to the minimal operations of
the economy and government.
(10) The term ``local government'' means--
(A) a county, municipality, city, town, township, local
public authority, school district, special district,
intrastate district, council of governments (regardless of
whether the council of governments is incorporated as a
nonprofit corporation under State law), regional or
interstate government entity, or agency or instrumentality of
a local government;
(B) an Indian tribe or authorized tribal organization, or
Alaska Native village or organization; and
(C) a rural community, unincorporated town or village, or
other public entity.
(11) The term ``major disaster'' has the meaning given in
section 102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
(12) The term ``personnel'' means officers and employees.
(13) The term ``Secretary'' means the Secretary of Homeland
Security.
(14) The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any
possession of the United States.
(15) The term ``terrorism'' means any activity that--
(A) involves an act that--
(i) is dangerous to human life or potentially destructive
of critical infrastructure or key resources; and
(ii) is a violation of the criminal laws of the United
States or of any State or other subdivision of the United
States; and
(B) appears to be intended--
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by
intimidation or coercion; or
(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping.
(16)(A) The term ``United States'', when used in a
geographic sense, means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, any possession of the United
States, and any waters within the jurisdiction of the United
States.
(B) Nothing in this paragraph or any other provision of
this Act shall be construed to modify the definition of
``United States'' for the purposes of the Immigration and
Nationality Act or any other immigration or nationality law.
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 60 days after the date of
enactment.
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) 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;
(C) minimize the damage, and assist in the recovery, from
terrorist attacks that do occur within the United States;
(D) carry out all functions of entities transferred to the
Department, including by acting as a focal point regarding
natural and manmade crises and emergency planning;
(E) ensure that the functions of the agencies and
subdivisions within the Department that are not related
directly to securing the homeland are not diminished or
neglected except by a specific explicit Act of Congress;
(F) ensure that the overall economic security of the United
States is not diminished by efforts, activities, and programs
aimed at securing the homeland; and
(G) monitor connections between illegal drug trafficking
and terrorism, coordinate efforts to sever such connections,
and otherwise contribute to efforts to interdict illegal drug
trafficking.
(2) Responsibility for Investigating and Prosecuting
Terrorism.--Except as specifically provided by law with
respect to entities transferred to the Department under this
Act, primary responsibility for investigating and prosecuting
acts of terrorism shall be vested not in the Department, but
rather in Federal, State, and local law enforcement agencies
with jurisdiction over the acts in question.
SEC. 102. SECRETARY; FUNCTIONS.
(a) Secretary.--
(1) In general.--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) Functions vested in secretary.--All functions of all
officers, employees, and organizational units of the
Department are vested in the Secretary.
(b) Functions.--The Secretary--
(1) except as otherwise provided by this Act, may delegate
any of the Secretary's functions to any officer, employee, or
organizational unit of the Department;
(2) shall have 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 the Secretary's responsibilities under this Act or
otherwise provided by law; and
(3) shall take reasonable steps to ensure that information
systems and databases of the Department are compatible with
each other and with appropriate databases of other
Departments.
(c) Coordination With Non-Federal Entities.--With respect
to homeland security, the Secretary shall coordinate through
the Office of State and Local Coordination (established under
section 801) (including the provision of training and
equipment) with State and local government personnel,
agencies, and authorities, with the private sector, and with
other entities, including by--
(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; and
(3) distributing or, as appropriate, coordinating the
distribution of, warnings and information to State and local
government
[[Page H8598]]
personnel, agencies, and authorities and to the public.
(d) Meetings of National Security Council.--The Secretary
may, subject to the direction of the President, attend and
participate in meetings of the National Security Council.
(e) Issuance of Regulations.--The issuance of regulations
by the Secretary shall be governed by the provisions of
chapter 5 of title 5, United States Code, except as
specifically provided in this Act, in laws granting
regulatory authorities that are transferred by this Act, and
in laws enacted after the date of enactment of this Act.
(f) Special Assistant to the Secretary.--The Secretary
shall appoint a Special Assistant to the Secretary who shall
be responsible for--
(1) creating and fostering strategic communications with
the private sector to enhance the primary mission of the
Department to protect the American homeland;
(2) advising the Secretary on the impact of the
Department's policies, regulations, processes, and actions on
the private sector;
(3) interfacing with other relevant Federal agencies with
homeland security missions to assess the impact of these
agencies' actions on the private sector;
(4) creating and managing private sector advisory councils
composed of representatives of industries and associations
designated by the Secretary to--
(A) advise the Secretary on private sector products,
applications, and solutions as they relate to homeland
security challenges; and
(B) advise the Secretary on homeland security policies,
regulations, processes, and actions that affect the
participating industries and associations;
(5) working with Federal laboratories, Federally funded
research and development centers, other Federally funded
organizations, academia, and the private sector to develop
innovative approaches to address homeland security challenges
to produce and deploy the best available technologies for
homeland security missions;
(6) promoting existing public-private partnerships and
developing new public-private partnerships to provide for
collaboration and mutual support to address homeland security
challenges; and
(7) assisting in the development and promotion of private
sector best practices to secure critical infrastructure.
(g) Standards Policy.--All standards activities of the
Department shall be conducted in accordance with section
12(d) of the National Technology Transfer Advancement Act of
1995 (15 U.S.C. 272 note) and Office of Management and Budget
Circular A-119.
SEC. 103. OTHER OFFICERS.
(a) Deputy Secretary; Under Secretaries.--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 subchapter
III of chapter 33 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) A Director of the Bureau of Citizenship and Immigration
Services.
(7) An Under Secretary for Management.
(8) Not more than 12 Assistant Secretaries.
(9) A General Counsel, who shall be the chief legal officer
of the department.
(b) Inspector General.--There is an Inspector General, who
shall be appointed as provided in section 3(a) of the
Inspector General Act of 1978.
(c) Commandant of the Coast Guard.--To assist the Secretary
in the performance of the Secretary's functions, there is a
Commandant of the Coast Guard, who shall be appointed as
provided in section 44 of title 14, United States Code, and
who shall report directly to the Secretary. In addition to
such duties as may be provided in this Act and as assigned to
the Commandant by the Secretary, the duties of the Commandant
shall include those required by section 2 of title 14, United
States Code.
(d) Other Officers.--To assist the Secretary in the
performance of the Secretary's functions, there are the
following officers, appointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Information Officer.
(3) A Chief Human Capital Officer.
(4) A Chief Financial Officer.
(5) An Officer for Civil Rights and Civil Liberties.
(e) Performance of Specific Functions.--Subject to the
provisions of this Act, every officer of the Department shall
perform the functions specified by law for the official's
office or prescribed by the Secretary.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Directorate for Information Analysis and Infrastructure
Protection; Access to Information
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 assigned by the
Secretary.
(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, 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 terrorist
threats to the homeland;
(B) detect and identify threats of terrorism against the
United States; 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 and support 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.
(5) To develop a comprehensive national plan for securing
the key resources and critical infrastructure of the United
States, including power production, generation, and
distribution systems, information technology and
telecommunications systems (including satellites), electronic
financial and property record storage and transmission
systems, emergency preparedness communications systems, and
the physical and technological assets that support such
systems.
(6) To recommend 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 advisories
related to threats to homeland security; 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
[[Page H8599]]
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 Act is protected
from unauthorized disclosure and handled and used only for
the performance of official duties; and
(B) any intelligence information under this Act is shared,
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 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 assigned by the Secretary, 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 XV,
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 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.
(5) The Federal Computer Incident Response Center of the
General Services Administration, including the functions of
the Administrator of General Services relating thereto.
(h) Inclusion of Certain Elements of the Department as
Elements of the Intelligence Community.--Section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401(a)) is amended--
(1) by striking ``and'' at the end of subparagraph (I);
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following new
subparagraph:
``(J) the elements of the Department of Homeland Security
concerned with the analyses of foreign intelligence
information; and''.
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 relating to threats of terrorism
against the United States and to other areas of
responsibility assigned by the Secretary, 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 assigned by the Secretary;
(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
[[Page H8600]]
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.
Subtitle B--Critical Infrastructure Information
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``Critical Infrastructure
Information Act of 2002''.
SEC. 212. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given it
in section 551 of title 5, United States Code.
(2) Covered federal agency.--The term ``covered Federal
agency'' means the Department of Homeland Security.
(3) Critical infrastructure information.--The term
``critical infrastructure information'' means information not
customarily in the public domain and related to the security
of critical infrastructure or protected systems--
(A) actual, potential, or threatened interference with,
attack on, compromise of, or incapacitation of critical
infrastructure or protected systems by either physical or
computer-based attack or other similar conduct (including the
misuse of or unauthorized access to all types of
communications and data transmission systems) that violates
Federal, State, or local law, harms interstate commerce of
the United States, or threatens public health or safety;
(B) the ability of any critical infrastructure or protected
system to resist such interference, compromise, or
incapacitation, including any planned or past assessment,
projection, or estimate of the vulnerability of critical
infrastructure or a protected system, including security
testing, risk evaluation thereto, risk management planning,
or risk audit; or
(C) any planned or past operational problem or solution
regarding critical infrastructure or protected systems,
including repair, recovery, reconstruction, insurance, or
continuity, to the extent it is related to such interference,
compromise, or incapacitation.
(4) Critical infrastructure protection program.--The term
``critical infrastructure protection program'' means any
component or bureau of a covered Federal agency that has been
designated by the President or any agency head to receive
critical infrastructure information.
(5) Information sharing and analysis organization.--The
term ``Information Sharing and Analysis Organization'' means
any formal or informal entity or collaboration created or
employed by public or private sector organizations, for
purposes of--
(A) gathering and analyzing critical infrastructure
information in order to better understand security problems
and interdependencies related to critical infrastructure and
protected systems, so as to ensure the availability,
integrity, and reliability thereof;
(B) communicating or disclosing critical infrastructure
information to help prevent, detect, mitigate, or recover
from the effects of a interference, compromise, or a
incapacitation problem related to critical infrastructure or
protected systems; and
(C) voluntarily disseminating critical infrastructure
information to its members, State, local, and Federal
Governments, or any other entities that may be of assistance
in carrying out the purposes specified in subparagraphs (A)
and (B).
(6) Protected system.--The term ``protected system''--
(A) means any service, physical or computer-based system,
process, or procedure that directly or indirectly affects the
viability of a facility of critical infrastructure; and
(B) includes any physical or computer-based system,
including a computer, computer system, computer or
communications network, or any component hardware or element
thereof, software program, processing instructions, or
information or data in transmission or storage therein,
irrespective of the medium of transmission or storage.
(7) Voluntary.--
(A) In general.--The term ``voluntary'', in the case of any
submittal of critical infrastructure information to a covered
Federal agency, means the submittal thereof in the absence of
such agency's exercise of legal authority to compel access to
or submission of such information and may be accomplished by
a single entity or an Information Sharing and Analysis
Organization on behalf of itself or its members.
(B) Exclusions.--The term ``voluntary''--
(i) in the case of any action brought under the securities
laws as is defined in section 3(a)(47) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(47))--
(I) does not include information or statements contained in
any documents or materials filed with the Securities and
Exchange Commission, or with Federal banking regulators,
pursuant to section 12(i) of the Securities Exchange Act of
1934 (15 U.S.C. 781(I)); and
(II) with respect to the submittal of critical
infrastructure information, does not include any disclosure
or writing that when made accompanied the solicitation of an
offer or a sale of securities; and
(ii) does not include information or statements submitted
or relied upon as a basis for making licensing or permitting
determinations, or during regulatory proceedings.
SEC. 213. DESIGNATION OF CRITICAL INFRASTRUCTURE PROTECTION
PROGRAM.
A critical infrastructure protection program may be
designated as such by one of the following:
(1) The President.
(2) The Secretary of Homeland Security.
SEC. 214. PROTECTION OF VOLUNTARILY SHARED CRITICAL
INFRASTRUCTURE INFORMATION.
(a) Protection.--
(1) In general.--Notwithstanding any other provision of
law, critical infrastructure information (including the
identity of the submitting person or entity) that is
voluntarily submitted to a covered Federal agency for use by
that agency regarding the security of critical infrastructure
and protected systems, analysis, warning, interdependency
study, recovery, reconstitution, or other informational
purpose, when accompanied by an express statement specified
in paragraph (2)--
(A) shall be exempt from disclosure under section 552 of
title 5, United States Code (commonly referred to as the
Freedom of Information Act);
(B) shall not be subject to any agency rules or judicial
doctrine regarding ex parte communications with a decision
making official;
(C) shall not, without the written consent of the person or
entity submitting such information, be used directly by such
agency, any other Federal, State, or local authority, or any
third party, in any civil action arising under Federal or
State law if such information is submitted in good faith;
(D) shall not, without the written consent of the person or
entity submitting such information, be used or disclosed by
any officer or employee of the United States for purposes
other than the purposes of this subtitle, except--
(i) in furtherance of an investigation or the prosecution
of a criminal act; or
(ii) when disclosure of the information would be--
(I) to either House of Congress, or to the extent of matter
within its jurisdiction, any committee or subcommittee
thereof, any joint committee thereof or subcommittee of any
such joint committee; or
(II) to the Comptroller General, or any authorized
representative of the Comptroller General, in the course of
the performance of the duties of the General Accounting
Office.
(E) shall not, if provided to a State or local government
or government agency--
(i) be made available pursuant to any State or local law
requiring disclosure of information or records;
(ii) otherwise be disclosed or distributed to any party by
said State or local government or government agency without
the written consent of the person or entity submitting such
information; or
(iii) be used other than for the purpose of protecting
critical infrastructure or protected systems, or in
furtherance of an investigation or the prosecution of a
criminal act; and
(F) does not constitute a waiver of any applicable
privilege or protection provided under law, such as trade
secret protection.
(2) Express statement.--For purposes of paragraph (1), the
term ``express statement'', with respect to information or
records, means--
(A) in the case of written information or records, a
written marking on the information or records substantially
similar to the following: ``This information is voluntarily
submitted to the Federal Government in expectation of
protection from disclosure as provided by the provisions of
the Critical Infrastructure Information Act of 2002.''; or
(B) in the case of oral information, a similar written
statement submitted within a reasonable period following the
oral communication.
(b) Limitation.--No communication of critical
infrastructure information to a covered Federal agency made
pursuant to this subtitle shall be considered to be an action
subject to the requirements of the Federal Advisory Committee
Act (5 U.S.C. App. 2).
(c) Independently Obtained Information.--Nothing in this
section shall be construed to limit or otherwise affect the
ability of a State, local, or Federal Government entity,
agency, or authority, or any third party, under applicable
law, to obtain critical infrastructure information in a
manner not covered by subsection (a), including any
information lawfully and properly disclosed generally or
broadly to the public and to use such information in any
manner permitted by law.
(d) Treatment of Voluntary Submittal of Information.--The
voluntary submittal to the Government of information or
records that are protected from disclosure by this subtitle
shall not be construed to constitute compliance with any
requirement to submit such information to a Federal agency
under any other provision of law.
(e) Procedures.--
(1) In general.--The Secretary of the Department of
Homeland Security shall, in consultation with appropriate
representatives of the National Security Council and the
Office of Science and Technology Policy, establish uniform
procedures for the receipt, care, and storage by Federal
agencies of critical infrastructure information that is
voluntarily submitted to the Government. The procedures shall
be established not later
[[Page H8601]]
than 90 days after the date of the enactment of this
subtitle.
(2) Elements.--The procedures established under paragraph
(1) shall include mechanisms regarding--
(A) the acknowledgement of receipt by Federal agencies of
critical infrastructure information that is voluntarily
submitted to the Government;
(B) the maintenance of the identification of such
information as voluntarily submitted to the Government for
purposes of and subject to the provisions of this subtitle;
(C) the care and storage of such information; and
(D) the protection and maintenance of the confidentiality
of such information so as to permit the sharing of such
information within the Federal Government and with State and
local governments, and the issuance of notices and warnings
related to the protection of critical infrastructure and
protected systems, in such manner as to protect from public
disclosure the identity of the submitting person or entity,
or information that is proprietary, business sensitive,
relates specifically to the submitting person or entity, and
is otherwise not appropriately in the public domain.
(f) Penalties.--Whoever, being an officer or employee of
the United States or of any department or agency thereof,
knowingly publishes, divulges, discloses, or makes known in
any manner or to any extent not authorized by law, any
critical infrastructure information protected from disclosure
by this subtitle coming to him in the course of this
employment or official duties or by reason of any examination
or investigation made by, or return, report, or record made
to or filed with, such department or agency or officer or
employee thereof, shall be fined under title 18 of the United
States Code, imprisoned not more than 1 year, or both, and
shall be removed from office or employment.
(g) Authority To Issue Warnings.--The Federal Government
may provide advisories, alerts, and warnings to relevant
companies, targeted sectors, other governmental entities, or
the general public regarding potential threats to critical
infrastructure as appropriate. In issuing a warning, the
Federal Government shall take appropriate actions to protect
from disclosure--
(1) the source of any voluntarily submitted critical
infrastructure information that forms the basis for the
warning; or
(2) information that is proprietary, business sensitive,
relates specifically to the submitting person or entity, or
is otherwise not appropriately in the public domain.
(h) Authority To Delegate.--The President may delegate
authority to a critical infrastructure protection program,
designated under subsection (e), to enter into a voluntary
agreement to promote critical infrastructure security,
including with any Information Sharing and Analysis
Organization, or a plan of action as otherwise defined in
section 708 of the Defense Production Act of 1950 (50 U.S.C.
App. 2158).
SEC. 215. NO PRIVATE RIGHT OF ACTION.
Nothing in this subtitle may be construed to create a
private right of action for enforcement of any provision of
this Act.
Subtitle C--Information Security
SEC. 221. PROCEDURES FOR SHARING INFORMATION.
The Secretary shall establish procedures on the use of
information shared under this title that--
(1) limit the redissemination of such information to ensure
that it is not used for an unauthorized purpose;
(2) ensure the security and confidentiality of such
information;
(3) protect the constitutional and statutory rights of any
individuals who are subjects of such information; and
(4) provide data integrity through the timely removal and
destruction of obsolete or erroneous names and information.
SEC. 222. PRIVACY OFFICER.
The Secretary shall appoint a senior official in the
Department to assume primary responsibility for privacy
policy, including--
(1) assuring that the use of technologies sustain, and do
not erode, privacy protections relating to the use,
collection, and disclosure of personal information;
(2) assuring that personal information contained in Privacy
Act systems of records is handled in full compliance with
fair information practices as set out in the Privacy Act of
1974;
(3) evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personal
information by the Federal Government;
(4) conducting a privacy impact assessment of proposed
rules of the Department or that of the Department on the
privacy of personal information, including the type of
personal information collected and the number of people
affected; and
(5) preparing a report to Congress on an annual basis on
activities of the Department that affect privacy, including
complaints of privacy violations, implementation of the
Privacy Act of 1974, internal controls, and other matters.
SEC. 223. ENHANCEMENT OF NON-FEDERAL CYBERSECURITY.
In carrying out the responsibilities under section 201, the
Under Secretary for Information Analysis and Infrastructure
Protection shall--
(1) as appropriate, provide to State and local government
entities, and upon request to private entities that own or
operate critical information systems--
(A) analysis and warnings related to threats to, and
vulnerabilities of, critical information systems; and
(B) in coordination with the Under Secretary for Emergency
Preparedness and Response, crisis management support in
response to threats to, or attacks on, critical information
systems; and
(2) as appropriate, provide technical assistance, upon
request, to the private sector and other government entities,
in coordination with the Under Secretary for Emergency
Preparedness and Response, with respect to emergency recovery
plans to respond to major failures of critical information
systems.
SEC. 224. NET GUARD.
The Under Secretary for Information Analysis and
Infrastructure Protection may establish a national technology
guard, to be known as ``NET Guard'', comprised of local teams
of volunteers with expertise in relevant areas of science and
technology, to assist local communities to respond and
recover from attacks on information systems and
communications networks.
SEC. 225. CYBER SECURITY ENHANCEMENT ACT OF 2002.
(a) Short Title.--This section may be cited as the ``Cyber
Security Enhancement Act of 2002''.
(b) Amendment of Sentencing Guidelines Relating to Certain
Computer Crimes.--
(1) Directive to the united states sentencing commission.--
Pursuant to its authority under section 994(p) of title 28,
United States Code, and in accordance with this subsection,
the United States Sentencing Commission shall review and, if
appropriate, amend its guidelines and its policy statements
applicable to persons convicted of an offense under section
1030 of title 18, United States Code.
(2) Requirements.--In carrying out this subsection, the
Sentencing Commission shall--
(A) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offenses
described in paragraph (1), the growing incidence of such
offenses, and the need for an effective deterrent and
appropriate punishment to prevent such offenses;
(B) consider the following factors and the extent to which
the guidelines may or may not account for them--
(i) the potential and actual loss resulting from the
offense;
(ii) the level of sophistication and planning involved in
the offense;
(iii) whether the offense was committed for purposes of
commercial advantage or private financial benefit;
(iv) whether the defendant acted with malicious intent to
cause harm in committing the offense;
(v) the extent to which the offense violated the privacy
rights of individuals harmed;
(vi) whether the offense involved a computer used by the
government in furtherance of national defense, national
security, or the administration of justice;
(vii) whether the violation was intended to or had the
effect of significantly interfering with or disrupting a
critical infrastructure; and
(viii) whether the violation was intended to or had the
effect of creating a threat to public health or safety, or
injury to any person;
(C) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(D) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(E) make any necessary conforming changes to the sentencing
guidelines; and
(F) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
(c) Study and Report on Computer Crimes.--Not later than
May 1, 2003, the United States Sentencing Commission shall
submit a brief report to Congress that explains any actions
taken by the Sentencing Commission in response to this
section and includes any recommendations the Commission may
have regarding statutory penalties for offenses under section
1030 of title 18, United States Code.
(d) Emergency Disclosure Exception.--
(1) In general.--Section 2702(b) of title 18, United States
Code, is amended--
(A) in paragraph (5), by striking ``or'' at the end;
(B) in paragraph (6)(A), by inserting ``or'' at the end;
(C) by striking paragraph (6)(C); and
(D) by adding at the end the following:
``(7) to a Federal, State, or local governmental entity, if
the provider, in good faith, believes that an emergency
involving danger of death or serious physical injury to any
person requires disclosure without delay of communications
relating to the emergency.''.
(2) Reporting of disclosures.--A government entity that
receives a disclosure under section 2702(b) of title 18,
United States Code, shall file, not later than 90 days after
such disclosure, a report to the Attorney General stating the
paragraph of that section under which the disclosure was
made, the date of the disclosure, the entity to which the
disclosure was made, the number
[[Page H8602]]
of customers or subscribers to whom the information disclosed
pertained, and the number of communications, if any, that
were disclosed. The Attorney General shall publish all such
reports into a single report to be submitted to Congress 1
year after the date of enactment of this Act.
(e) Good Faith Exception.--Section 2520(d)(3) of title 18,
United States Code, is amended by inserting ``or 2511(2)(i)''
after ``2511(3)''.
(f) Internet Advertising of Illegal Devices.--Section
2512(1)(c) of title 18, United States Code, is amended--
(1) by inserting ``or disseminates by electronic means''
after ``or other publication''; and
(2) by inserting ``knowing the content of the advertisement
and'' before ``knowing or having reason to know''.
(g) Strengthening Penalties.--Section 1030(c) of title 18,
United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) in each of subparagraphs (A) and (C) of paragraph (4),
by inserting ``except as provided in paragraph (5),'' before
``a fine under this title'';
(3) in paragraph (4)(C), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(5)(A) if the offender knowingly or recklessly causes or
attempts to cause serious bodily injury from conduct in
violation of subsection (a)(5)(A)(i), a fine under this title
or imprisonment for not more than 20 years, or both; and
``(B) if the offender knowingly or recklessly causes or
attempts to cause death from conduct in violation of
subsection (a)(5)(A)(i), a fine under this title or
imprisonment for any term of years or for life, or both.''.
(h) Provider Assistance.--
(1) Section 2703.--Section 2703(e) of title 18, United
States Code, is amended by inserting ``, statutory
authorization'' after ``subpoena''.
(2) Section 2511.--Section 2511(2)(a)(ii) of title 18,
United States Code, is amended by inserting ``, statutory
authorization,'' after ``court order'' the last place it
appears.
(i) Emergencies.--Section 3125(a)(1) of title 18, United
States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the comma at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(C) an immediate threat to a national security interest;
or
``(D) an ongoing attack on a protected computer (as defined
in section 1030) that constitutes a crime punishable by a
term of imprisonment greater than one year;''.
(j) Protecting Privacy.--
(1) Section 2511.--Section 2511(4) of title 18, United
States Code, is amended--
(A) by striking paragraph (b); and
(B) by redesignating paragraph (c) as paragraph (b).
(2) Section 2701.--Section 2701(b) of title 18, United
States Code, is amended--
(A) in paragraph (1), by inserting ``, or in furtherance of
any criminal or tortious act in violation of the Constitution
or laws of the United States or any State'' after
``commercial gain'';
(B) in paragraph (1)(A), by striking ``one year'' and
inserting ``5 years'';
(C) in paragraph (1)(B), by striking ``two years'' and
inserting ``10 years''; and
(D) by striking paragraph (2) and inserting the following:
``(2) in any other case--
``(A) a fine under this title or imprisonment for not more
than 1 year or both, in the case of a first offense under
this paragraph; and
``(B) a fine under this title or imprisonment for not more
than 5 years, or both, in the case of an offense under this
subparagraph that occurs after a conviction of another
offense under this section.''.
Subtitle D--Office of Science and Technology
SEC. 231. ESTABLISHMENT OF OFFICE; DIRECTOR.
(a) Establishment.--
(1) In general.--There is hereby established within the
Department of Justice an Office of Science and Technology
(hereinafter in this title referred to as the ``Office'').
(2) Authority.--The Office shall be under the general
authority of the Assistant Attorney General, Office of
Justice Programs, and shall be established within the
National Institute of Justice.
(b) Director.--The Office shall be headed by a Director,
who shall be an individual appointed based on approval by the
Office of Personnel Management of the executive
qualifications of the individual.
SEC. 232. MISSION OF OFFICE; DUTIES.
(a) Mission.--The mission of the Office shall be--
(1) to serve as the national focal point for work on law
enforcement technology; and
(2) to carry out programs that, through the provision of
equipment, training, and technical assistance, improve the
safety and effectiveness of law enforcement technology and
improve access to such technology by Federal, State, and
local law enforcement agencies.
(b) Duties.--In carrying out its mission, the Office shall
have the following duties:
(1) To provide recommendations and advice to the Attorney
General.
(2) To establish and maintain advisory groups (which shall
be exempt from the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.)) to assess the law enforcement
technology needs of Federal, State, and local law enforcement
agencies.
(3) To establish and maintain performance standards in
accordance with the National Technology Transfer and
Advancement Act of 1995 (Public Law 104-113) for, and test
and evaluate law enforcement technologies that may be used
by, Federal, State, and local law enforcement agencies.
(4) To establish and maintain a program to certify,
validate, and mark or otherwise recognize law enforcement
technology products that conform to standards established and
maintained by the Office in accordance with the National
Technology Transfer and Advancement Act of 1995 (Public Law
104-113). The program may, at the discretion of the Office,
allow for supplier's declaration of conformity with such
standards.
(5) To work with other entities within the Department of
Justice, other Federal agencies, and the executive office of
the President to establish a coordinated Federal approach on
issues related to law enforcement technology.
(6) To carry out research, development, testing,
evaluation, and cost-benefit analyses in fields that would
improve the safety, effectiveness, and efficiency of law
enforcement technologies used by Federal, State, and local
law enforcement agencies, including, but not limited to--
(A) weapons capable of preventing use by unauthorized
persons, including personalized guns;
(B) protective apparel;
(C) bullet-resistant and explosion-resistant glass;
(D) monitoring systems and alarm systems capable of
providing precise location information;
(E) wire and wireless interoperable communication
technologies;
(F) tools and techniques that facilitate investigative and
forensic work, including computer forensics;
(G) equipment for particular use in counterterrorism,
including devices and technologies to disable terrorist
devices;
(H) guides to assist State and local law enforcement
agencies;
(I) DNA identification technologies; and
(J) tools and techniques that facilitate investigations of
computer crime.
(7) To administer a program of research, development,
testing, and demonstration to improve the interoperability of
voice and data public safety communications.
(8) To serve on the Technical Support Working Group of the
Department of Defense, and on other relevant interagency
panels, as requested.
(9) To develop, and disseminate to State and local law
enforcement agencies, technical assistance and training
materials for law enforcement personnel, including
prosecutors.
(10) To operate the regional National Law Enforcement and
Corrections Technology Centers and, to the extent necessary,
establish additional centers through a competitive process.
(11) To administer a program of acquisition, research,
development, and dissemination of advanced investigative
analysis and forensic tools to assist State and local law
enforcement agencies in combating cybercrime.
(12) To support research fellowships in support of its
mission.
(13) To serve as a clearinghouse for information on law
enforcement technologies.
(14) To represent the United States and State and local law
enforcement agencies, as requested, in international
activities concerning law enforcement technology.
(15) To enter into contracts and cooperative agreements and
provide grants, which may require in-kind or cash matches
from the recipient, as necessary to carry out its mission.
(16) To carry out other duties assigned by the Attorney
General to accomplish the mission of the Office.
(c) Competition Required.--Except as otherwise expressly
provided by law, all research and development carried out by
or through the Office shall be carried out on a competitive
basis.
(d) Information From Federal Agencies.--Federal agencies
shall, upon request from the Office and in accordance with
Federal law, provide the Office with any data, reports, or
other information requested, unless compliance with such
request is otherwise prohibited by law.
(e) Publications.--Decisions concerning publications issued
by the Office shall rest solely with the Director of the
Office.
(f) Transfer of Funds.--The Office may transfer funds to
other Federal agencies or provide funding to non-Federal
entities through grants, cooperative agreements, or contracts
to carry out its duties under this section.
(g) Annual Report.--The Director of the Office shall
include with the budget justification materials submitted to
Congress in support of the Department of Justice budget for
each fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code) a report on the activities of the Office. Each such
report shall include the following:
(1) For the period of 5 fiscal years beginning with the
fiscal year for which the budget is submitted--
[[Page H8603]]
(A) the Director's assessment of the needs of Federal,
State, and local law enforcement agencies for assistance with
respect to law enforcement technology and other matters
consistent with the mission of the Office; and
(B) a strategic plan for meeting such needs of such law
enforcement agencies.
(2) For the fiscal year preceding the fiscal year for which
such budget is submitted, a description of the activities
carried out by the Office and an evaluation of the extent to
which those activities successfully meet the needs assessed
under paragraph (1)(A) in previous reports.
SEC. 233. DEFINITION OF LAW ENFORCEMENT TECHNOLOGY.
For the purposes of this title, the term ``law enforcement
technology'' includes investigative and forensic
technologies, corrections technologies, and technologies that
support the judicial process.
SEC. 234. ABOLISHMENT OF OFFICE OF SCIENCE AND TECHNOLOGY OF
NATIONAL INSTITUTE OF JUSTICE; TRANSFER OF
FUNCTIONS.
(a) Authority To Transfer Functions.--The Attorney General
may transfer to the Office any other program or activity of
the Department of Justice that the Attorney General, in
consultation with the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives, determines to be consistent with the mission
of the Office.
(b) Transfer of Personnel and Assets.--With respect to any
function, power, or duty, or any program or activity, that is
established in the Office, those employees and assets of the
element of the Department of Justice from which the transfer
is made that the Attorney General determines are needed to
perform that function, power, or duty, or for that program or
activity, as the case may be, shall be transferred to the
Office.
(c) Report on Implementation.--Not later than 1 year after
the date of the enactment of this Act, the Attorney General
shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report on the implementation of this title.
The report shall--
(1) provide an accounting of the amounts and sources of
funding available to the Office to carry out its mission
under existing authorizations and appropriations, and set
forth the future funding needs of the Office; and
(2) include such other information and recommendations as
the Attorney General considers appropriate.
SEC. 235. NATIONAL LAW ENFORCEMENT AND CORRECTIONS TECHNOLOGY
CENTERS.
(a) In General.--The Director of the Office shall operate
and support National Law Enforcement and Corrections
Technology Centers (hereinafter in this section referred to
as ``Centers'') and, to the extent necessary, establish new
centers through a merit-based, competitive process.
(b) Purpose of Centers.--The purpose of the Centers shall
be to--
(1) support research and development of law enforcement
technology;
(2) support the transfer and implementation of technology;
(3) assist in the development and dissemination of
guidelines and technological standards; and
(4) provide technology assistance, information, and support
for law enforcement, corrections, and criminal justice
purposes.
(c) Annual Meeting.--Each year, the Director shall convene
a meeting of the Centers in order to foster collaboration and
communication between Center participants.
(d) Report.--Not later than 12 months after the date of the
enactment of this Act, the Director shall transmit to the
Congress a report assessing the effectiveness of the existing
system of Centers and identify the number of Centers
necessary to meet the technology needs of Federal, State, and
local law enforcement in the United States.
SEC. 236. COORDINATION WITH OTHER ENTITIES WITHIN DEPARTMENT
OF JUSTICE.
Section 102 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3712) is amended in subsection (a)(5)
by inserting ``coordinate and'' before ``provide''.
SEC. 237. AMENDMENTS RELATING TO NATIONAL INSTITUTE OF
JUSTICE.
Section 202(c) of the Omnibus Crime Control and Safety
Streets Act of 1968 (42 U.S.C. 3722(c)) is amended--
(1) in paragraph (3) by inserting ``, including cost
effectiveness where practical,'' before ``of projects''; and
(2) by striking ``and'' after the semicolon at the end of
paragraph (8), striking the period at the end of paragraph
(9) and inserting ``; and'', and by adding at the end the
following:
``(10) research and development of tools and technologies
relating to prevention, detection, investigation, and
prosecution of crime; and
``(11) support research, development, testing, training,
and evaluation of tools and technology for Federal, State,
and local law enforcement agencies.''.
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.
The Secretary, acting through the Under Secretary for
Science and Technology, shall have the responsibility for--
(1) advising the Secretary regarding research and
development efforts and priorities in support of the
Department's missions;
(2) developing, in consultation with other appropriate
executive agencies, a national policy and strategic plan for,
identifying priorities, goals, objectives and policies for,
and coordinating the Federal Government's civilian efforts to
identify and develop countermeasures to chemical, biological,
radiological, nuclear, and other emerging terrorist threats,
including the development of comprehensive, research-based
definable goals for such efforts and development of annual
measurable objectives and specific targets to accomplish and
evaluate the goals for such efforts;
(3) supporting the Under Secretary for Information Analysis
and Infrastructure Protection, by assessing and testing
homeland security vulnerabilities and possible threats;
(4) conducting basic and applied research, development,
demonstration, testing, and evaluation activities that are
relevant to any or all elements of the Department, through
both intramural and extramural programs, except that such
responsibility does not extend to human health-related
research and development activities;
(5) establishing priorities for, directing, funding, and
conducting national research, development, test and
evaluation, and procurement of technology and systems for--
(A) preventing the importation of chemical, biological,
radiological, nuclear, and related weapons and material; and
(B) 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 work agreements, joint sponsorships,
contracts, or any other 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 and the
Attorney General as provided in section 212 of the
Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C.
8401), as amended by section 1709(b);
(9) collaborating with the Secretary of Health and Human
Services and the Attorney General in determining any new
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);
(10) supporting United States leadership in science and
technology;
(11) establishing and administering the primary research
and development activities of the Department, including the
long-term research and development needs and capabilities for
all elements of the Department;
(12) coordinating and integrating all research,
development, demonstration, testing, and evaluation
activities of the Department;
(13) coordinating with other appropriate executive agencies
in developing and carrying out the science and technology
agenda of the Department to reduce duplication and identify
unmet needs; and
(14) developing and overseeing the administration of
guidelines for merit review of research and development
projects throughout the Department, and for the dissemination
of research conducted or sponsored by the Department.
SEC. 303. FUNCTIONS TRANSFERRED.
In accordance with title XV, 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 H8604]]
(3) The Plum Island Animal Disease Center of the Department
of Agriculture, as provided in section 310.
SEC. 304. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED
ACTIVITIES.
(a) In General.--With respect to civilian human health-
related research and development activities relating to
countermeasures for 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, goals, objectives, and
policies and develop a coordinated strategy for such
activities in collaboration with the Secretary of Homeland
Security to ensure consistency with the national policy and
strategic plan developed pursuant to section 302(2).
(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.
(c) Administration of Countermeasures Against Smallpox.--
Section 224 of the Public Health Service Act (42 U.S.C. 233)
is amended by adding the following:
``(p) Administration of Smallpox Countermeasures by Health
Professionals.--
``(1) In general.--For purposes of this section, and
subject to other provisions of this subsection, a covered
person shall be deemed to be an employee of the Public Health
Service with respect to liability arising out of
administration of a covered countermeasure against smallpox
to an individual during the effective period of a declaration
by the Secretary under paragraph (2)(A).
``(2) Declaration by secretary concerning countermeasure
against smallpox.--
``(A) Authority to issue declaration.--
``(i) In general.--The Secretary may issue a declaration,
pursuant to this paragraph, concluding that an actual or
potential bioterrorist incident or other actual or potential
public health emergency makes advisable the administration of
a covered countermeasure to a category or categories of
individuals.
``(ii) Covered countermeasure.--The Secretary shall specify
in such declaration the substance or substances that shall be
considered covered countermeasures (as defined in paragraph
(8)(A)) for purposes of administration to individuals during
the effective period of the declaration.
``(iii) Effective period.--The Secretary shall specify in
such declaration the beginning and ending dates of the
effective period of the declaration, and may subsequently
amend such declaration to shorten or extend such effective
period, provided that the new closing date is after the date
when the declaration is amended.
``(iv) Publication.--The Secretary shall promptly publish
each such declaration and amendment in the Federal Register.
``(B) Liability of united states only for administrations
within scope of declaration.--Except as provided in paragraph
(5)(B)(ii), the United States shall be liable under this
subsection with respect to a claim arising out of the
administration of a covered countermeasure to an individual
only if--
``(i) the countermeasure was administered by a qualified
person, for a purpose stated in paragraph (7)(A)(i), and
during the effective period of a declaration by the Secretary
under subparagraph (A) with respect to such countermeasure;
and
``(ii)(I) the individual was within a category of
individuals covered by the declaration; or
``(II) the qualified person administering the
countermeasure had reasonable grounds to believe that such
individual was within such category.
``(C) Presumption of administration within scope of
declaration in case of accidental vaccinia inoculation.--
``(i) In general.--If vaccinia vaccine is a covered
countermeasure specified in a declaration under subparagraph
(A), and an individual to whom the vaccinia vaccine is not
administered contracts vaccinia, then, under the
circumstances specified in clause (ii), the individual--
``(I) shall be rebuttably presumed to have contracted
vaccinia from an individual to whom such vaccine was
administered as provided by clauses (i) and (ii) of
subparagraph (B); and
``(II) shall (unless such presumption is rebutted) be
deemed for purposes of this subsection to be an individual to
whom a covered countermeasure was administered by a qualified
person in accordance with the terms of such declaration and
as described by subparagraph (B).
``(ii) Circumstances in which presumption applies.--The
presumption and deeming stated in clause (i) shall apply if--
``(I) the individual contracts vaccinia during the
effective period of a declaration under subparagraph (A) or
by the date 30 days after the close of such period; or
``(II) the individual resides or has resided with an
individual to whom such vaccine was administered as provided
by clauses (i) and (ii) of subparagraph (B) and contracts
vaccinia after such date.
``(3) Exclusivity of remedy.--The remedy provided by
subsection (a) shall be exclusive of any other civil action
or proceeding for any claim or suit this subsection
encompasses.
``(4) Certification of action by attorney general.--
Subsection (c) applies to actions under this subsection,
subject to the following provisions:
``(A) Nature of certification.--The certification by the
Attorney General that is the basis for deeming an action or
proceeding to be against the United States, and for removing
an action or proceeding from a State court, is a
certification that the action or proceeding is against a
covered person and is based upon a claim alleging personal
injury or death arising out of the administration of a
covered countermeasure.
``(B) Certification of attorney general conclusive.--The
certification of the Attorney General of the facts specified
in subparagraph (A) shall conclusively establish such facts
for purposes of jurisdiction pursuant to this subsection.
``(5) Defendant to cooperate with united states.--
``(A) In general.--A covered person shall cooperate with
the United States in the processing and defense of a claim or
action under this subsection based upon alleged acts or
omissions of such person.
``(B) Consequences of failure to cooperate.--Upon the
motion of the United States or any other party and upon
finding that such person has failed to so cooperate--
``(i) the court shall substitute such person as the party
defendant in place of the United States and, upon motion,
shall remand any such suit to the court in which it was
instituted if it appears that the court lacks subject matter
jurisdiction;
``(ii) the United States shall not be liable based on the
acts or omissions of such person; and
``(iii) the Attorney General shall not be obligated to
defend such action.
``(6) Recourse against covered person in case of gross
misconduct or contract violation.--
``(A) In general.--Should payment be made by the United
States to any claimant bringing a claim under this
subsection, either by way of administrative determination,
settlement, or court judgment, the United States shall have,
notwithstanding any provision of State law, the right to
recover for that portion of the damages so awarded or paid,
as well as interest and any costs of litigation, resulting
from the failure of any covered person to carry out any
obligation or responsibility assumed by such person under a
contract with the United States or from any grossly
negligent, reckless, or illegal conduct or willful misconduct
on the part of such person.
``(B) Venue.--The United States may maintain an action
under this paragraph against such person in the district
court of the United States in which such person resides or
has its principal place of business.
``(7) Definitions.--As used in this subsection, terms have
the following meanings:
``(A) Covered countermeasure.--The term `covered
countermeasure', or `covered countermeasure against
smallpox', means a substance that is--
``(i)(I) used to prevent or treat smallpox (including the
vaccinia or another vaccine); or
``(II) vaccinia immune globulin used to control or treat
the adverse effects of vaccinia inoculation; and
``(ii) specified in a declaration under paragraph (2).
``(B) Covered person.--The term `covered person', when used
with respect to the administration of a covered
countermeasure, includes any person who is--
``(i) a manufacturer or distributor of such countermeasure;
``(ii) a health care entity under whose auspices such
countermeasure was administered;
``(iii) a qualified person who administered such
countermeasure; or
``(iv) an official, agent, or employee of a person
described in clause (i), (ii), or (iii).
``(C) Qualified person.--The term `qualified person', when
used with respect to the administration of a covered
countermeasure, means a licensed health professional or other
individual who is authorized to administer such
countermeasure under the law of the State in which the
countermeasure was administered.''.
SEC. 305. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
The Secretary, acting through the Under Secretary for
Science and Technology, shall have the authority to establish
or contract with 1 or more federally funded research and
development centers to provide independent analysis of
homeland security issues, or to carry out other
responsibilities under this Act, including coordinating and
integrating both the extramural and intramural programs
described in section 308.
SEC. 306. MISCELLANEOUS PROVISIONS.
(a) Classification.--To the greatest extent practicable,
research conducted or supported by the Department shall be
unclassified.
(b) Construction.--Nothing in this title shall be construed
to preclude any Under Secretary of the Department from
carrying out research, development, demonstration, or
deployment activities, as long as such activities are
coordinated through the Under Secretary for Science and
Technology.
(c) Regulations.--The Secretary, acting through the Under
Secretary for Science and Technology, may issue necessary
regulations with respect to research, development,
demonstration, testing, and evaluation activities
[[Page H8605]]
of the Department, including the conducting, funding, and
reviewing of such activities.
(d) Notification of Presidential Life Sciences
Designations.--Not later than 60 days before effecting any
transfer of Department of Energy life sciences activities
pursuant to section 303(1)(D) of this Act, the President
shall notify the appropriate congressional committees of the
proposed transfer and shall include the reasons for the
transfer and a description of the effect of the transfer on
the activities of the Department of Energy.
SEC. 307. 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 in subsection (c).
(2) Homeland security research.--The term ``homeland
security research'' means research relevant to 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 in
subsection (b).
(4) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Science and Technology.
(b) HSARPA.--
(1) Establishment.--There is established the Homeland
Security Advanced Research Projects Agency.
(2) Director.--HSARPA shall be headed by a Director, who
shall be appointed by the Secretary. The Director shall
report to the Under Secretary.
(3) Responsibilities.--The Director shall administer the
Fund to award competitive, merit-reviewed grants, cooperative
agreements or contracts to public or private entities,
including businesses, federally funded research and
development centers, and universities. The Director shall
administer the Fund to--
(A) support basic and applied homeland security research to
promote revolutionary changes in technologies that would
promote homeland security;
(B) advance the development, testing and evaluation, and
deployment of critical homeland security technologies; and
(C) accelerate the prototyping and deployment of
technologies that would address homeland security
vulnerabilities.
(4) Targeted competitions.--The Director may solicit
proposals to address specific vulnerabilities identified by
the Director.
(5) Coordination.--The Director shall ensure that the
activities of HSARPA are coordinated with those of other
relevant research agencies, and may run projects jointly with
other agencies.
(6) Personnel.--In hiring personnel for HSARPA, the
Secretary shall have the 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). 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.
(7) Demonstrations.--The Director, periodically, shall hold
homeland security technology demonstrations to improve
contact among technology developers, vendors and acquisition
personnel.
(c) Fund.--
(1) Establishment.--There is established the Acceleration
Fund for Research and Development of Homeland Security
Technologies, which shall be administered by the Director of
HSARPA.
(2) 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 thereafter.
(3) Coast guard.--Of the funds authorized to be
appropriated under paragraph (2), 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.
SEC. 308. CONDUCT OF RESEARCH, DEVELOPMENT, DEMONSTRATION,
TESTING AND EVALUATION.
(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall carry out the
responsibilities under section 302(4) through both extramural
and intramural programs.
(b) Extramural Programs.--
(1) In general.--The Secretary, acting through the Under
Secretary for Science and Technology, shall operate
extramural research, development, demonstration, testing, and
evaluation programs so as to--
(A) ensure that colleges, universities, private research
institutes, and companies (and consortia thereof) from as
many areas of the United States as practicable participate;
(B) ensure that the research funded is of high quality, as
determined through merit review processes developed under
section 302(14); and
(C) distribute funds through grants, cooperative
agreements, and contracts.
(2) University-based centers for homeland security.--
(A) Establishment.--The Secretary, acting through the Under
Secretary for Science and Technology, shall establish within
1 year of the date of enactment of this Act a university-
based center or centers for homeland security. The purpose of
this center or centers shall be to establish a coordinated,
university-based system to enhance the Nation's homeland
security.
(B) Criteria for selection.--In selecting colleges or
universities as centers for homeland security, the Secretary
shall consider the following criteria:
(i) Demonstrated expertise in the training of first
responders.
(ii) Demonstrated expertise in responding to incidents
involving weapons of mass destruction and biological warfare.
(iii) Demonstrated expertise in emergency medical services.
(iv) Demonstrated expertise in chemical, biological,
radiological, and nuclear countermeasures.
(v) Strong affiliations with animal and plant diagnostic
laboratories.
(vi) Demonstrated expertise in food safety.
(vii) Affiliation with Department of Agriculture
laboratories or training centers.
(viii) Demonstrated expertise in water and wastewater
operations.
(ix) Demonstrated expertise in port and waterway security.
(x) Demonstrated expertise in multi-modal transportation.
(xi) Nationally recognized programs in information
security.
(xii) Nationally recognized programs in engineering.
(xiii) Demonstrated expertise in educational outreach and
technical assistance.
(xiv) Demonstrated expertise in border transportation and
security.
(xv) Demonstrated expertise in interdisciplinary public
policy research and communication outreach regarding science,
technology, and public policy.
(C) Discretion of secretary.--The Secretary shall have the
discretion to establish such centers and to consider
additional criteria as necessary to meet the evolving needs
of homeland security and shall report to Congress concerning
the implementation of this paragraph as necessary.
(D) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this paragraph.
(c) Intramural Programs.--
(1) Consultation.--In carrying out the duties under section
302, the Secretary, acting through the Under Secretary for
Science and Technology, may draw upon the expertise of any
laboratory of the Federal Government, whether operated by a
contractor or the Government.
(2) Laboratories.--The Secretary, acting through the Under
Secretary for Science and Technology, may establish a
headquarters laboratory for the Department at any laboratory
or site and may establish additional laboratory units at
other laboratories or sites.
(3) Criteria for headquarters laboratory.--If the Secretary
chooses to establish a headquarters laboratory pursuant to
paragraph (2), then the Secretary shall do the following:
(A) Establish criteria for the selection of the
headquarters laboratory in consultation with the National
Academy of Sciences, appropriate Federal agencies, and other
experts.
(B) Publish the criteria in the Federal Register.
(C) Evaluate all appropriate laboratories or sites against
the criteria.
(D) Select a laboratory or site on the basis of the
criteria.
(E) Report to the appropriate congressional committees on
which laboratory was selected, how the selected laboratory
meets the published criteria, and what duties the
headquarters laboratory shall perform.
(4) Limitation on operation of laboratories.--No laboratory
shall begin operating as the headquarters laboratory of the
Department until at least 30 days after the transmittal of
the report required by paragraph (3)(E).
SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL
LABORATORIES AND SITES IN SUPPORT OF HOMELAND
SECURITY ACTIVITIES.
(a) Authority to Utilize National Laboratories and Sites.--
(1) In general.--In carrying out the missions of the
Department, the Secretary may utilize the Department of
Energy national laboratories and sites through any 1 or more
of the following methods, as the Secretary considers
appropriate:
(A) A joint sponsorship arrangement referred to in
subsection (b).
(B) A direct contract between the Department and the
applicable Department of Energy laboratory or site, subject
to subsection (c).
(C) Any ``work for others'' basis made available by that
laboratory or site.
(D) Any other method provided by law.
(2) Acceptance and Performance by Labs and Sites.--
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 and perform work for the
Secretary,
[[Page H8606]]
consistent with resources provided, and perform such work on
an equal basis to other missions at the laboratory and not on
a noninterference basis with other missions of such
laboratory or site.
(b) Joint Sponsorship Arrangements.--
(1) Laboratories.--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.
(2) Sites.--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.
(3) Primary sponsor.--The Department of Energy shall be the
primary sponsor under a multiple agency sponsorship
arrangement referred to in paragraph (1) or (2).
(4) Lead agent.--The Secretary of Energy shall act as the
lead agent in coordinating the formation and performance of a
joint sponsorship arrangement under this subsection between
the Department and a Department of Energy national laboratory
or site.
(5) Federal acquisition regulation.--Any work performed by
a Department of Energy national laboratory or site under a
joint sponsorship arrangement under this subsection shall
comply with the policy on the use of federally funded
research and development centers under the Federal
Acquisition Regulations.
(6) Funding.--The Department shall provide funds for work
at the Department of Energy national laboratories or sites,
as the case may be, under a joint sponsorship arrangement
under this subsection 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 this subsection.
(c) Separate Contracting.--To the extent that programs or
activities transferred by this Act from the Department of
Energy to the Department of Homeland Security are being
carried out through direct contracts with the operator of a
national laboratory or site of the Department of Energy, the
Secretary of Homeland Security and the Secretary of Energy
shall ensure that direct contracts for such programs and
activities between the Department of Homeland Security and
such operator are separate from the direct contracts of the
Department of Energy with such operator.
(d) Authority With Respect to Cooperative Research and
Development Agreements and Licensing Agreements.--In
connection with any utilization of the Department of Energy
national laboratories and sites under this section, the
Secretary may permit the director of any such 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 that Act (15 U.S.C. 3710, 3710a).
(e) Reimbursement of Costs.--In the case of an activity
carried out by the operator of a Department of Energy
national laboratory or site in connection with any
utilization of such laboratory or site under this section,
the Department of Homeland Security shall reimburse the
Department of Energy for costs of such activity through a
method under which the Secretary of Energy waives any
requirement for the Department of Homeland Security to pay
administrative charges or personnel costs of the Department
of Energy or its contractors in excess of the amount that the
Secretary of Energy pays for an activity carried out by such
contractor and paid for by the Department of Energy.
(f) Laboratory Directed Research and Development by the
Department of Energy.--No funds authorized to be appropriated
or otherwise made available to the Department in any fiscal
year may be obligated or expended for laboratory directed
research and development activities carried out by the
Department of Energy unless such activities support the
missions of the Department of Homeland Security.
(g) 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 under this section in a
manner to create a networked laboratory system for the
purpose of supporting the missions of the Department.
(h) Department of Energy Coordination on Homeland Security
Related Research.--The Secretary of Energy shall ensure that
any research, development, test, and evaluation activities
conducted within the Department of Energy that are directly
or indirectly related to homeland security are fully
coordinated with the Secretary to minimize duplication of
effort and maximize the effective application of Federal
budget resources.
SEC. 310. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER,
DEPARTMENT OF AGRICULTURE.
(a) In General.--In accordance with title XV, 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 1501.
SEC. 311. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY
COMMITTEE.
(a) Establishment.--There is established within the
Department a Homeland Security Science and Technology
Advisory Committee (in this section referred to as the
``Advisory Committee''). The Advisory Committee shall make
recommendations with respect to the activities of the Under
Secretary for Science and Technology, including identifying
research areas of potential importance to the security of the
Nation.
(b) Membership.--
(1) Appointment.--The Advisory Committee shall consist of
20 members appointed by the Under Secretary for Science and
Technology, which shall include emergency first-responders or
representatives of organizations or associations of emergency
first-responders. The Advisory Committee shall also include
representatives of citizen groups, including economically
disadvantaged communities. The individuals appointed as
members of the Advisory Committee--
(A) shall be eminent in fields such as emergency response,
research, engineering, new product development, business, and
management consulting;
(B) shall be selected solely on the basis of established
records of distinguished service;
(C) shall not be employees of the Federal Government; and
(D) shall be so selected as to provide representation of a
cross-section of the research, development, demonstration,
and deployment activities supported by the Under Secretary
for Science and Technology.
(2) National research council.--The Under Secretary for
Science and Technology may enter into an arrangement for the
National Research Council to select members of the Advisory
Committee, but only if the panel used by the National
Research Council reflects the representation described in
paragraph (1).
(c) Terms of Office.--
(1) In general.--Except as otherwise provided in this
subsection, the term of office of each member of the Advisory
Committee shall be 3 years.
(2) Original appointments.--The original members of the
Advisory Committee shall be appointed to three classes of
three members each. One class shall have a term of 1 year, 1
a term of 2 years, and the other a term of 3 years.
(3) Vacancies.--A member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed for the
remainder of such term.
(d) Eligibility.--A person who has completed two
consecutive full terms of service on the Advisory Committee
shall thereafter be ineligible for appointment during the 1-
year period following the expiration of the second such term.
(e) Meetings.--The Advisory Committee shall meet at least
quarterly at the call of the Chair or whenever one-third of
the members so request in writing. Each member shall be given
appropriate notice of the call of each meeting, whenever
possible not less than 15 days before the meeting.
(f) Quorum.--A majority of the members of the Advisory
Committee not having a conflict of interest in the matter
being considered by the Advisory Committee shall constitute a
quorum.
(g) Conflict of Interest Rules.--The Advisory Committee
shall establish rules for determining when 1 of its members
has a conflict of interest in a matter being considered by
the Advisory Committee.
(h) Reports.--
(1) Annual report.--The Advisory Committee shall render an
annual report to the Under Secretary for Science and
Technology for transmittal to Congress on or before January
31 of each year. Such report shall describe the activities
and recommendations of the Advisory Committee during the
previous year.
[[Page H8607]]
(2) Additional reports.--The Advisory Committee may render
to the Under Secretary for transmittal to Congress such
additional reports on specific policy matters as it considers
appropriate.
(i) FACA Exemption.--Section 14 of the Federal Advisory
Committee Act shall not apply to the Advisory Committee.
(j) Termination.--The Department of Homeland Security
Science and Technology Advisory Committee shall terminate 3
years after the effective date of this Act.
SEC. 312. HOMELAND SECURITY INSTITUTE.
(a) Establishment.--The Secretary shall establish a
federally funded research and development center to be known
as the ``Homeland Security Institute'' (in this section
referred to as the ``Institute'').
(b) Administration.--The Institute shall be administered as
a separate entity by the Secretary.
(c) Duties.--The duties of the Institute shall be
determined by the Secretary, and may include the following:
(1) Systems analysis, risk analysis, and simulation and
modeling to determine the vulnerabilities of the Nation's
critical infrastructures and the effectiveness of the systems
deployed to reduce those vulnerabilities.
(2) Economic and policy analysis to assess the distributed
costs and benefits of alternative approaches to enhancing
security.
(3) Evaluation of the effectiveness of measures deployed to
enhance the security of institutions, facilities, and
infrastructure that may be terrorist targets.
(4) Identification of instances when common standards and
protocols could improve the interoperability and effective
utilization of tools developed for field operators and first
responders.
(5) Assistance for Federal agencies and departments in
establishing testbeds to evaluate the effectiveness of
technologies under development and to assess the
appropriateness of such technologies for deployment.
(6) Design of metrics and use of those metrics to evaluate
the effectiveness of homeland security programs throughout
the Federal Government, including all national laboratories.
(7) Design of and support for the conduct of homeland
security-related exercises and simulations.
(8) Creation of strategic technology development plans to
reduce vulnerabilities in the Nation's critical
infrastructure and key resources.
(d) Consultation on Institute Activities.--In carrying out
the duties described in subsection (c), the Institute shall
consult widely with representatives from private industry,
institutions of higher education, nonprofit institutions,
other Government agencies, and federally funded reseach and
development centers.
(e) Use of Centers.--The Institute shall utilize the
capabilities of the National Infrastructure Simulation and
Analysis Center.
(f) Annual Reports.--The Institute shall transmit to the
Secretary and Congress an annual report on the activities of
the Institute under this section.
(g) Termination.--The Homeland Security Institute shall
terminate 3 years after the effective date of this Act.
SEC. 313. TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE AND SUPPORT
INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND
SECURITY.
(a) Establishment of Program.--The Secretary, acting
through the Under Secretary for Science and Technology, shall
establish and promote a program to encourage technological
innovation in facilitating the mission of the Department (as
described in section 101).
(b) Elements of Program.--The program described in
subsection (a) shall include the following components:
(1) The establishment of a centralized Federal
clearinghouse for information relating to technologies that
would further the mission of the Department for
dissemination, as appropriate, to Federal, State, and local
government and private sector entities for additional review,
purchase, or use.
(2) The issuance of announcements seeking unique and
innovative technologies to advance the mission of the
Department.
(3) The establishment of a technical assistance team to
assist in screening, as appropriate, proposals submitted to
the Secretary (except as provided in subsection (c)(2)) to
assess the feasibility, scientific and technical merits, and
estimated cost of such proposals, as appropriate.
(4) The provision of guidance, recommendations, and
technical assistance, as appropriate, to assist Federal,
State, and local government and private sector efforts to
evaluate and implement the use of technologies described in
paragraph (1) or (2).
(5) The provision of information for persons seeking
guidance on how to pursue proposals to develop or deploy
technologies that would enhance homeland security, including
information relating to Federal funding, regulation, or
acquisition.
(c) Miscellaneous Provisions.--
(1) In general.--Nothing in this section shall be construed
as authorizing the Secretary or the technical assistance team
established under subsection (b)(3) to set standards for
technology to be used by the Department, any other executive
agency, any State or local government entity, or any private
sector entity.
(2) Certain proposals.--The technical assistance team
established under subsection (b)(3) shall not consider or
evaluate proposals submitted in response to a solicitation
for offers for a pending procurement or for a specific agency
requirement.
(3) Coordination.--In carrying out this section, the
Secretary shall coordinate with the Technical Support Working
Group (organized under the April 1982 National Security
Decision Directive Numbered 30).
TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY
Subtitle A--Under Secretary for Border and Transportation Security
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION
SECURITY.
There shall be in the Department a Directorate of Border
and Transportation Security headed by an Under Secretary for
Border and Transportation Security.
SEC. 402. RESPONSIBILITIES.
The Secretary, acting through the Under Secretary for
Border and Transportation Security, shall be responsible for
the following:
(1) Preventing the entry of terrorists and the instruments
of terrorism into the United States.
(2) Securing the borders, territorial waters, ports,
terminals, waterways, and air, land, and sea transportation
systems of the United States, including managing and
coordinating those functions transferred to the Department at
ports of entry.
(3) Carrying out the immigration enforcement functions
vested by statute in, or performed by, the Commissioner of
Immigration and Naturalization (or any officer, employee, or
component of the Immigration and Naturalization Service)
immediately before the date on which the transfer of
functions specified under section 441 takes effect.
(4) Establishing and administering rules, in accordance
with section 428, governing the granting of visas or other
forms of permission, including parole, to enter the United
States to individuals who are not a citizen or an alien
lawfully admitted for permanent residence in the United
States.
(5) Establishing national immigration enforcement policies
and priorities.
(6) Except as provided in subtitle C, administering the
customs laws of the United States.
(7) Conducting the inspection and related administrative
functions of the Department of Agriculture transferred to the
Secretary of Homeland Security under section 421.
(8) In carrying out the foregoing responsibilities,
ensuring the speedy, orderly, and efficient flow of lawful
traffic and commerce.
SEC. 403. FUNCTIONS TRANSFERRED.
In accordance with title XV (relating to transition
provisions), 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;
(4) the Federal Law Enforcement Training Center of the
Department of the Treasury; and
(5) the Office for Domestic Preparedness of the Office of
Justice Programs, including the functions of the Attorney
General relating thereto.
Subtitle B--United States Customs Service
SEC. 411. ESTABLISHMENT; COMMISSIONER OF CUSTOMS.
(a) Establishment.--There is established in the Department
the United States Customs Service, under the authority of the
Under Secretary for Border and Transportation Security, which
shall be vested with those functions including, but not
limited to those set forth in section 415(7), and the
personnel, assets, and liabilities attributable to those
functions.
(b) Commissioner of Customs.--
(1) In General.--There shall be at the head of the Customs
Service a Commissioner of Customs, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
(2) Compensation.--Section 5314 of title 5, United States
Code, is amended by striking
``Commissioner of Customs, Department of the Treasury''
and inserting
``Commissioner of Customs, Department of Homeland
Security.''.
(3) Continuation in office.--The individual serving as the
Commissioner of Customs on the day before the effective date
of this Act may serve as the Commissioner of Customs on and
after such effective date until a Commissioner of Customs is
appointed under paragraph (1).
SEC. 412. RETENTION OF CUSTOMS REVENUE FUNCTIONS BY SECRETARY
OF THE TREASURY.
(a) Retention of Customs Revenue Functions by Secretary of
the Treasury.--
(1) Retention of authority.--Notwithstanding section
403(a)(1), authority related to Customs revenue functions
that was vested in the Secretary of the Treasury by law
before the effective date of this Act under those provisions
of law set forth in paragraph (2) shall not be transferred to
the Secretary by reason of this Act, and on and after the
effective date of this Act, the Secretary
[[Page H8608]]
of the Treasury may delegate any such authority to the
Secretary at the discretion of the Secretary of the Treasury.
The Secretary of the Treasury shall consult with the
Secretary regarding the exercise of any such authority not
delegated to the Secretary.
(2) Statutes.--The provisions of law referred to in
paragraph (1) are the following: the Tariff Act of 1930;
section 249 of the Revised Statutes of the United States (19
U.S.C. 3); section 2 of the Act of March 4, 1923 (19 U.S.C.
6); section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c); section 251 of
the Revised Statutes of the United States (19 U.S.C. 66);
section 1 of the Act of June 26, 1930 (19 U.S.C. 68); the
Foreign Trade Zones Act (19 U.S.C. 81a et seq.); section 1 of
the Act of March 2, 1911 (19 U.S.C. 198); the Trade Act of
1974; the Trade Agreements Act of 1979; the North American
Free Trade Area Implementation Act; the Uruguay Round
Agreements Act; the Caribbean Basin Economic Recovery Act;
the Andean Trade Preference Act; the African Growth and
Opportunity Act; and any other provision of law vesting
customs revenue functions in the Secretary of the Treasury.
(b) Maintenance of Customs Revenue Functions.--
(1) Maintenance of functions.--Notwithstanding any other
provision of this Act, the Secretary may not consolidate,
discontinue, or diminish those functions described in
paragraph (2) performed by the United States Customs Service
(as established under section 411) on or after the effective
date of this Act, reduce the staffing level, or reduce the
resources attributable to such functions, and the Secretary
shall ensure that an appropriate management structure is
implemented to carry out such functions.
(2) Functions.--The functions referred to in paragraph (1)
are those functions performed by the following personnel, and
associated support staff, of the United States Customs
Service on the day before the effective date of this Act:
Import Specialists, Entry Specialists, Drawback Specialists,
National Import Specialist, Fines and Penalties Specialists,
attorneys of the Office of Regulations and Rulings, Customs
Auditors, International Trade Specialists, Financial Systems
Specialists.
(c) New Personnel.--The Secretary of the Treasury is
authorized to appoint up to 20 new personnel to work with
personnel of the Department in performing customs revenue
functions.
SEC. 413. PRESERVATION OF CUSTOMS FUNDS.
Notwithstanding any other provision of this Act, no funds
available to the United States Customs Service or collected
under paragraphs (1) through (8) of section 13031(a) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 may be
transferred for use by any other agency or office in the
Department.
SEC. 414. SEPARATE BUDGET REQUEST FOR CUSTOMS.
The President shall include in each budget transmitted to
Congress under section 1105 of title 31, United States Code,
a separate budget request for the United States Customs
Service.
SEC. 415. DEFINITION.
In this subtitle, the term ``customs revenue function''
means the following:
(1) Assessing and collecting customs duties (including
antidumping and countervailing duties and duties imposed
under safeguard provisions), excise taxes, fees, and
penalties due on imported merchandise, including classifying
and valuing merchandise for purposes of such assessment.
(2) Processing and denial of entry of persons, baggage,
cargo, and mail, with respect to the assessment and
collection of import duties.
(3) Detecting and apprehending persons engaged in
fraudulent practices designed to circumvent the customs laws
of the United States.
(4) Enforcing section 337 of the Tariff Act of 1930 and
provisions relating to import quotas and the marking of
imported merchandise, and providing Customs Recordations for
copyrights, patents, and trademarks.
(5) Collecting accurate import data for compilation of
international trade statistics.
(6) Enforcing reciprocal trade agreements.
(7) Functions performed by the following personnel, and
associated support staff, of the United States Customs
Service on the day before the effective date of this Act:
Import Specialists, Entry Specialists, Drawback Specialists,
National Import Specialist, Fines and Penalties Specialists,
attorneys of the Office of Regulations and Rulings, Customs
Auditors, International Trade Specialists, Financial Systems
Specialists.
(8) Functions performed by the following offices, with
respect to any function described in any of paragraphs (1)
through (7), and associated support staff, of the United
States Customs Service on the day before the effective date
of this Act: the Office of Information and Technology, the
Office of Laboratory Services, the Office of the Chief
Counsel, the Office of Congressional Affairs, the Office of
International Affairs, and the Office of Training and
Development.
SEC. 416. GAO REPORT TO CONGRESS.
Not later than 3 months after the effective date of this
Act, the Comptroller General of the United States shall
submit to Congress a report that sets forth all trade
functions performed by the executive branch, specifying each
agency that performs each such function.
SEC. 417. ALLOCATION OF RESOURCES BY THE SECRETARY.
(a) In General.--The Secretary shall ensure that adequate
staffing is provided to assure that levels of customs revenue
services provided on the day before the effective date of
this Act shall continue to be provided.
(b) Notification of Congress.--The Secretary shall notify
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate at
least 90 days prior to taking any action which would--
(1) result in any significant reduction in customs revenue
services, including hours of operation, provided at any
office within the Department or any port of entry;
(2) eliminate or relocate any office of the Department
which provides customs revenue services; or
(3) eliminate any port of entry.
(c) Definition.--In this section, the term ``customs
revenue services'' means those customs revenue functions
described in paragraphs (1) through (6) and paragraph (8) of
section 415.
SEC. 418. REPORTS TO CONGRESS.
(a) Continuing Reports.--The United States Customs Service
shall, on and after the effective date of this Act, continue
to submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate
any report required, on the day before such the effective
date of this Act, to be so submitted under any provision of
law.
(b) Report on Conforming Amendments.--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 section 412(a)(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.
SEC. 419. CUSTOMS USER FEES.
(a) In General.--Section 13031(f) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f))
is amended--
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following:
``(B) amounts deposited into the Customs Commercial and
Homeland Security Automation Account under paragraph (5).'';
(2) in paragraph (4), by striking ``(other than the excess
fees determined by the Secretary under paragraph (5))''; and
(3) by striking paragraph (5) and inserting the following:
``(5)(A) There is created within the general fund of the
Treasury a separate account that shall be known as the
`Customs Commercial and Homeland Security Automation
Account'. In each of fiscal years 2003, 2004, and 2005 there
shall be deposited into the Account from fees collected under
subsection (a)(9)(A), $350,000,000.
``(B) There is authorized to be appropriated from the
Account in fiscal years 2003 through 2005 such amounts as are
available in that Account for the development, establishment,
and implementation of the Automated Commercial Environment
computer system for the processing of merchandise that is
entered or released and for other purposes related to the
functions of the Department of Homeland Security. Amounts
appropriated pursuant to this subparagraph are authorized to
remain available until expended.
``(C) In adjusting the fee imposed by subsection (a)(9)(A)
for fiscal year 2006, the Secretary of the Treasury shall
reduce the amount estimated to be collected in fiscal year
2006 by the amount by which total fees deposited to the
Account during fiscal years 2003, 2004, and 2005 exceed total
appropriations from that Account.''.
(b) Conforming Amendment.--Section 311(b) of the Customs
Border Security Act of 2002 (Public Law 107-210) is amended
by striking paragraph (2).
Subtitle C--Miscellaneous Provisions
SEC. 421. 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) Section 1 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).
[[Page H8609]]
(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 functions transferred under subsection
(a) under a law specified in subsection (b).
(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 of Homeland
Security 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 1501, 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 agreement required by this
subsection shall specifically address the following:
(A) The supervision by the Secretary of Agriculture of the
training of employees of the Secretary to carry out the
functions transferred pursuant to subsection (a).
(B) The transfer of funds to the Secretary under subsection
(f).
(3) Cooperation and reciprocity.--The Secretary of
Agriculture and the Secretary may include as part of the
agreement the following:
(A) Authority for the Secretary to perform functions
delegated to the Animal and Plant Health 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).
(B) Authority for the Secretary of Agriculture to use
employees of the Department of Homeland Security 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.--Out of funds collected by fees
authorized 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 transfer, from
time to time in accordance with the agreement under
subsection (e), to the Secretary funds for activities carried
out by the Secretary for which such fees were collected.
(2) Limitation.--The proportion of fees collected pursuant
to such sections that are transferred to the Secretary under
this subsection may not exceed the proportion of the costs
incurred by the Secretary to all costs incurred to carry out
activities funded by such fees.
(g) Transfer of Department of Agriculture Employees.--Not
later than the completion of the transition period defined
under section 1501, the Secretary of Agriculture shall
transfer to the Secretary 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 2000 (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 new
subsection:
``(e) 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.''.
SEC. 422. FUNCTIONS OF ADMINISTRATOR OF GENERAL SERVICES.
(a) Operation, Maintenance, and Protection of Federal
Buildings and Grounds.--Nothing in this Act may be construed
to affect the functions or authorities of the Administrator
of General Services with respect to the operation,
maintenance, and protection of buildings and grounds owned or
occupied by the Federal Government and under the
jurisdiction, custody, or control of the Administrator.
Except for the law enforcement and related security functions
transferred under section 403(3), the Administrator shall
retain all powers, functions, and authorities vested in the
Administrator under chapter 10 of title 40, United States
Code, and other provisions of law that are necessary for the
operation, maintenance, and protection of such buildings and
grounds.
(b) Collection of Rents and Fees; Federal Buildings Fund.--
(1) Statutory construction.--Nothing in this Act may be
construed--
(A) to direct the transfer of, or affect, the authority of
the Administrator of General Services to collect rents and
fees, including fees collected for protective services; or
(B) to authorize the Secretary or any other official in the
Department to obligate amounts in the Federal Buildings Fund
established by section 490(f) of title 40, United States
Code.
(2) Use of transferred amounts.--Any amounts transferred by
the Administrator of General Services to the Secretary out of
rents and fees collected by the Administrator shall be used
by the Secretary solely for the protection of buildings or
grounds owned or occupied by the Federal Government.
SEC. 423. FUNCTIONS OF TRANSPORTATION SECURITY
ADMINISTRATION.
(a) Consultation With Federal Aviation Administration.--The
Secretary and other officials in the Department shall consult
with the Administrator of the Federal Aviation Administration
before taking any action that might affect aviation safety,
air carrier operations, aircraft airworthiness, or the use of
airspace. The Secretary shall establish a liaison office
within the Department for the purpose of consulting with the
Administrator of the Federal Aviation Administration.
(b) Report to Congress.--Not later than 60 days after the
date of enactment of this Act, the Secretary of
Transportation shall transmit to Congress a report containing
a plan for complying with the requirements of section
44901(d) of title 49, United States Code, as amended by
section 426 of this Act.
(c) Limitations on Statutory Construction.--
(1) Grant of authority.--Nothing in this Act may be
construed to vest in the Secretary or any other official in
the Department any authority over transportation security
that is not vested in the Under Secretary of Transportation
for Security, or in the Secretary of Transportation under
chapter 449 of title 49, United States Code, on the day
before the date of enactment of this Act.
(2) Obligation of aip funds.--Nothing in this Act may be
construed to authorize the Secretary or any other official in
the Department to obligate amounts made available under
section 48103 of title 49, United States Code.
SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY
ADMINISTRATION AS A DISTINCT ENTITY.
(a) In General.--Notwithstanding any other provision of
this Act, and subject to subsection (b), the Transportation
Security Administration shall be maintained as a distinct
entity within the Department under the Under Secretary for
Border Transportation and Security.
(b) Sunset.--Subsection (a) shall cease to apply 2 years
after the date of enactment of this Act.
SEC. 425. EXPLOSIVE DETECTION SYSTEMS.
Section 44901(d) of title 49, United States Code, is
amended by adding at the end the following:
``(2) Deadline.--
``(A) In general.--If, in his discretion or at the request
of an airport, the Under Secretary of Transportation for
Security determines that the Transportation Security
Administration is not able to deploy explosive detection
systems required to be deployed under paragraph (1) at all
airports where explosive detection systems are required by
December 31, 2002, then with respect to each airport for
which the Under Secretary makes that determination--
``(i) the Under Secretary shall submit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a detailed plan (which may be submitted in
classified form) for the deployment of the number of
explosive detection systems at that airport necessary to meet
the requirements of paragraph (1) as soon as practicable at
that airport but in no event later than December 31, 2003;
and
``(ii) the Under Secretary shall take all necessary action
to ensure that alternative means of screening all checked
baggage is implemented until the requirements of paragraph
(1) have been met.
``(B) Criteria for determination.--In making a
determination under subparagraph (A), the Under Secretary
shall take into account--
``(i) the nature and extent of the required modifications
to the airport's terminal buildings, and the technical,
engineering, design and construction issues;
``(ii) the need to ensure that such installations and
modifications are effective; and
``(iii) the feasibility and cost-effectiveness of deploying
explosive detection systems in the baggage sorting area or
other non-public area rather than the lobby of an airport
terminal building.
``(C) Response.--The Under Secretary shall respond to the
request of an airport under subparagraph (A) within 14 days
of receiving the request. A denial of request shall create no
right of appeal or judicial review.
[[Page H8610]]
``(D) Airport effort required.--Each airport with respect
to which the Under Secretary makes a determination under
subparagraph (A) shall--
``(i) cooperate fully with the Transportation Security
Administration with respect to screening checked baggage and
changes to accommodate explosive detection systems; and
``(ii) make security projects a priority for the obligation
or expenditure of funds made available under chapter 417 or
471 until explosive detection systems required to be deployed
under paragraph (1) have been deployed at that airport.
``(3) Reports.--Until the Transportation Security
Administration has met the requirements of paragraph (1), the
Under Secretary shall submit a classified report every 30
days after the date of enactment of the Aviation Security
Improvement Act to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure describing the progress
made toward meeting such requirements at each airport.''.
SEC. 426. TRANSPORTATION SECURITY.
(a) Transportation Security Oversight Board.--
(1) Establishment.--Section 115(a) of title 49, United
States Code, is amended by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security''.
(2) Membership.--Section 115(b)(1) of title 49, United
States Code, is amended--
(A) by striking subparagraph (G);
(B) by redesignating subparagraphs (A) through (F) as
subparagraphs (B) through (G), respectively; and
(C) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) The Secretary of Homeland Security, or the
Secretary's designee.''.
(3) Chairperson.--Section 115(b)(2) of title 49, United
States Code, is amended by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security''.
(b) Approval of AIP Grant Applications for Security
Activities.--Section 47106 of title 49, United States Code,
is amended by adding at the end the following:
``(g) Consultation With Secretary of Homeland Security.--
The Secretary shall consult with the Secretary of Homeland
Security before approving an application under this
subchapter for an airport development project grant for
activities described in section 47102(3)(B)(ii) only as they
relate to security equipment or section 47102(3)(B)(x) only
as they relate to installation of bulk explosive detection
system.''.
SEC. 427. 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. 428. 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, and shall have the authority to refuse
visas in accordance with law and to develop programs of
homeland security training for consular officers (in addition
to consular training provided by the Secretary of State),
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; and
(2) 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, consistent with the Secretary of Homeland Security's
authority to refuse visas in accordance with law, 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)), consistent with the Secretary of Homeland
Security's authority to refuse visas in accordance with law.
(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:
(A) Provide expert advice and training to consular officers
regarding specific security threats relating to the
adjudication of individual visa applications or classes of
applications.
(B) 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.
(C) 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
[[Page H8611]]
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, interview techniques, and
fraud detection techniques, 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.
(g) Study Regarding Use of Foreign Nationals.--
(1) In general.--The Secretary of Homeland Security shall
conduct a study of the role of foreign nationals in the
granting or refusal of visas and other documents authorizing
entry of aliens into the United States. The study shall
address the following:
(A) The proper role, if any, of foreign nationals in the
process of rendering decisions on such grants and refusals.
(B) Any security concerns involving the employment of
foreign nationals.
(C) Whether there are cost-effective alternatives to the
use of foreign nationals.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report
containing the findings of the study conducted under
paragraph (1) to the Committee on the Judiciary, the
Committee on International Relations, and the Committee on
Government Reform of the House of Representatives, and the
Committee on the Judiciary, the Committee on Foreign
Relations, and the Committee on Government Affairs of the
Senate.
(h) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Science
and Technology Policy shall submit to Congress a report on
how the provisions of this section will affect procedures for
the issuance of student visas.
(i) Visa Issuance Program for Saudi Arabia.--
Notwithstanding any other provision of law, after the date of
the enactment of this Act all third party screening programs
in Saudi Arabia shall be terminated. On-site personnel of the
Department of Homeland Security shall review all visa
applications prior to adjudication.
SEC. 429. 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. 430. OFFICE FOR DOMESTIC PREPAREDNESS.
(a) In General.--The Office for Domestic Preparedness shall
be within the Directorate of Border and Transportation
Security.
(b) Director.--There shall be a Director of the Office for
Domestic Preparedness, who shall be appointed by the
President, by and with the advice and consent of the Senate.
The Director of the Office for Domestic Preparedness shall
report directly to the Under Secretary for Border and
Transportation Security.
(c) Responsibilities.--The Office for Domestic Preparedness
shall have the primary responsibility within the executive
branch of Government for the preparedness of the United
States for acts of terrorism, including--
(1) coordinating preparedness efforts at the Federal level,
and working with all State, local, tribal, parish, and
private sector emergency response providers on all matters
pertaining to combating terrorism, including training,
exercises, and equipment support;
(2) coordinating or, as appropriate, consolidating
communications and systems of communications relating to
homeland security at all levels of government;
(3) directing and supervising terrorism preparedness grant
programs of the Federal Government (other than those programs
administered by the Department of Health and Human Services)
for all emergency response providers;
(4) incorporating the Strategy priorities into planning
guidance on an agency level for the preparedness efforts of
the Office for Domestic Preparedness;
(5) providing agency-specific training for agents and
analysts within the Department, other agencies, and State and
local agencies and international entities;
(6) as the lead executive branch agency for preparedness of
the United States for acts of terrorism, cooperating closely
with the Federal Emergency Management Agency, which shall
have the primary responsibility within the executive branch
to prepare for and mitigate the effects of nonterrorist-
related disasters in the United States;
(7) assisting and supporting the Secretary, in coordination
with other Directorates and entities outside the Department,
in conducting appropriate risk analysis and risk management
activities of State, local, and tribal governments consistent
with the mission and functions of the Directorate; and
(8) those elements of the Office of National Preparedness
of the Federal Emergency Management Agency which relate to
terrorism, which shall be consolidated within the Department
in the Office for Domestic Preparedness established under
this section.
(d) Fiscal Years 2003 and 2004.--During fiscal year 2003
and fiscal year 2004, the Director of the Office for Domestic
Preparedness established under this section shall manage and
carry out those functions of the Office for Domestic
Preparedness of the Department of Justice (transferred under
this section) before September 11, 2001, under the same
terms, conditions, policies, and authorities, and with the
required level of personnel, assets, and budget before
September 11, 2001.
Subtitle D--Immigration Enforcement Functions
SEC. 441. TRANSFER OF FUNCTIONS TO UNDER SECRETARY FOR BORDER
AND TRANSPORTATION SECURITY.
In accordance with title XV (relating to transition
provisions), there shall be transferred from the Commissioner
of Immigration and Naturalization to the Under Secretary for
Border and Transportation Security all functions performed
under the following programs, and all personnel, assets, and
liabilities pertaining to such programs, immediately before
such transfer occurs:
(1) The Border Patrol program.
(2) The detention and removal program.
(3) The intelligence program.
(4) The investigations program.
(5) The inspections program.
SEC. 442. ESTABLISHMENT OF BUREAU OF BORDER SECURITY.
(a) Establishment of Bureau.--
(1) In general.--There shall be in the Department of
Homeland Security a bureau to be known as the ``Bureau of
Border Security''.
(2) Assistant secretary.--The head of the Bureau of Border
Security shall be the Assistant Secretary of the Bureau of
Border Security, who--
(A) shall report directly to the Under Secretary for Border
and Transportation Security; and
(B) shall have a minimum of 5 years professional experience
in law enforcement, and a minimum of 5 years of management
experience.
(3) Functions.--The Assistant Secretary of the Bureau of
Border Security--
(A) shall establish the policies for performing such
functions as are--
(i) transferred to the Under Secretary for Border and
Transportation Security by section 441 and delegated to the
Assistant Secretary by the Under Secretary for Border and
Transportation Security; or
(ii) otherwise vested in the Assistant Secretary by law;
(B) shall oversee the administration of such policies; and
(C) shall advise the Under Secretary for Border and
Transportation Security with respect to any policy or
operation of the Bureau of Border Security that may affect
the Bureau of Citizenship and Immigration Services
established under subtitle E, including potentially
conflicting policies or operations.
[[Page H8612]]
(4) Program to collect information relating to foreign
students.--The Assistant Secretary of the Bureau of Border
Security shall be responsible for administering the program
to collect information relating to nonimmigrant foreign
students and other exchange program participants described in
section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), including the
Student and Exchange Visitor Information System established
under that section, and shall use such information to carry
out the enforcement functions of the Bureau.
(5) Managerial rotation program.--
(A) In general.--Not later than 1 year after the date on
which the transfer of functions specified under section 441
takes effect, the Assistant Secretary of the Bureau of Border
Security shall design and implement a managerial rotation
program under which employees of such bureau holding
positions involving supervisory or managerial
responsibility and classified, in accordance with chapter
51 of title 5, United States Code, as a GS-14 or above,
shall--
(i) gain some experience in all the major functions
performed by such bureau; and
(ii) work in at least one local office of such bureau.
(B) Report.--Not later than 2 years after the date on which
the transfer of functions specified under section 441 takes
effect, the Secretary shall submit a report to the Congress
on the implementation of such program.
(b) Chief of Policy and Strategy.--
(1) In general.--There shall be a position of Chief of
Policy and Strategy for the Bureau of Border Security.
(2) Functions.--In consultation with Bureau of Border
Security personnel in local offices, the Chief of Policy and
Strategy shall be responsible for--
(A) making policy recommendations and performing policy
research and analysis on immigration enforcement issues; and
(B) coordinating immigration policy issues with the Chief
of Policy and Strategy for the Bureau of Citizenship and
Immigration Services (established under subtitle E), as
appropriate.
(c) Legal Advisor.--There shall be a principal legal
advisor to the Assistant Secretary of the Bureau of Border
Security. The legal advisor shall provide specialized legal
advice to the Assistant Secretary of the Bureau of Border
Security and shall represent the bureau in all exclusion,
deportation, and removal proceedings before the Executive
Office for Immigration Review.
SEC. 443. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.
The Under Secretary for Border and Transportation Security
shall be responsible for--
(1) conducting investigations of noncriminal allegations of
misconduct, corruption, and fraud involving any employee of
the Bureau of Border Security that are not subject to
investigation by the Inspector General for the Department;
(2) inspecting the operations of the Bureau of Border
Security and providing assessments of the quality of the
operations of such bureau as a whole and each of its
components; and
(3) providing an analysis of the management of the Bureau
of Border Security.
SEC. 444. EMPLOYEE DISCIPLINE.
The Under Secretary for Border and Transportation Security
may, notwithstanding any other provision of law, impose
disciplinary action, including termination of employment,
pursuant to policies and procedures applicable to employees
of the Federal Bureau of Investigation, on any employee of
the Bureau of Border Security who willfully deceives the
Congress or agency leadership on any matter.
SEC. 445. REPORT ON IMPROVING ENFORCEMENT FUNCTIONS.
(a) In General.--The Secretary, not later than 1 year after
being sworn into office, shall submit to the Committees on
Appropriations and the Judiciary of the House of
Representatives and of the Senate a report with a plan
detailing how the Bureau of Border Security, after the
transfer of functions specified under section 441 takes
effect, will enforce comprehensively, effectively, and fairly
all the enforcement provisions of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) relating to such
functions.
(b) Consultation.--In carrying out subsection (a), the
Secretary of Homeland Security shall consult with the
Attorney General, the Secretary of State, the Director of the
Federal Bureau of Investigation, the Secretary of the
Treasury, the Secretary of Labor, the Commissioner of Social
Security, the Director of the Executive Office for
Immigration Review, and the heads of State and local law
enforcement agencies to determine how to most effectively
conduct enforcement operations.
SEC. 446. SENSE OF CONGRESS REGARDING CONSTRUCTION OF FENCING
NEAR SAN DIEGO, CALIFORNIA.
It is the sense of the Congress that completing the 14-mile
border fence project required to be carried out under section
102(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) should be a
priority for the Secretary.
Subtitle E--Citizenship and Immigration Services
SEC. 451. ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND
IMMIGRATION SERVICES.
(a) Establishment of Bureau.--
(1) In general.--There shall be in the Department a bureau
to be known as the ``Bureau of Citizenship and Immigration
Services''.
(2) Director.--The head of the Bureau of Citizenship and
Immigration Services shall be the Director of the Bureau of
Citizenship and Immigration Services, who--
(A) shall report directly to the Deputy Secretary;
(B) shall have a minimum of 5 years of management
experience; and
(C) shall be paid at the same level as the Assistant
Secretary of the Bureau of Border Security.
(3) Functions.--The Director of the Bureau of Citizenship
and Immigration Services--
(A) shall establish the policies for performing such
functions as are transferred to the Director by this section
or this Act or otherwise vested in the Director by law;
(B) shall oversee the administration of such policies;
(C) shall advise the Deputy Secretary with respect to any
policy or operation of the Bureau of Citizenship and
Immigration Services that may affect the Bureau of Border
Security of the Department, including potentially conflicting
policies or operations;
(D) shall establish national immigration services policies
and priorities;
(E) shall meet regularly with the Ombudsman described in
section 452 to correct serious service problems identified by
the Ombudsman; and
(F) shall establish procedures requiring a formal response
to any recommendations submitted in the Ombudsman's annual
report to Congress within 3 months after its submission to
Congress.
(4) Managerial rotation program.--
(A) In general.--Not later than 1 year after the effective
date specified in section 455, the Director of the Bureau of
Citizenship and Immigration Services shall design and
implement a managerial rotation program under which employees
of such bureau holding positions involving supervisory or
managerial responsibility and classified, in accordance with
chapter 51 of title 5, United States Code, as a GS-14 or
above, shall--
(i) gain some experience in all the major functions
performed by such bureau; and
(ii) work in at least one field office and one service
center of such bureau.
(B) Report.--Not later than 2 years after the effective
date specified in section 455, the Secretary shall submit a
report to Congress on the implementation of such program.
(5) Pilot initiatives for backlog elimination.--The
Director of the Bureau of Citizenship and Immigration
Services is authorized to implement innovative pilot
initiatives to eliminate any remaining backlog in the
processing of immigration benefit applications, and to
prevent any backlog in the processing of such applications
from recurring, in accordance with section 204(a) of the
Immigration Services and Infrastructure Improvements Act of
2000 (8 U.S.C. 1573(a)). Such initiatives may include
measures such as increasing personnel, transferring personnel
to focus on areas with the largest potential for backlog, and
streamlining paperwork.
(b) Transfer of Functions From Commissioner.--There are
transferred from the Commissioner of Immigration and
Naturalization to the Director of the Bureau of Citizenship
and Immigration Services the following functions, and all
personnel, infrastructure, and funding provided to the
Commissioner in support of such functions immediately before
the effective date specified in section 455:
(1) Adjudications of immigrant visa petitions.
(2) Adjudications of naturalization petitions.
(3) Adjudications of asylum and refugee applications.
(4) Adjudications performed at service centers.
(5) All other adjudications performed by the Immigration
and Naturalization Service immediately before the effective
date specified in section 455.
(c) Chief of Policy and Strategy.--
(1) In general.--There shall be a position of Chief of
Policy and Strategy for the Bureau of Citizenship and
Immigration Services.
(2) Functions.--In consultation with Bureau of Citizenship
and Immigration Services personnel in field offices, the
Chief of Policy and Strategy shall be responsible for--
(A) making policy recommendations and performing policy
research and analysis on immigration services issues; and
(B) coordinating immigration policy issues with the Chief
of Policy and Strategy for the Bureau of Border Security of
the Department.
(d) Legal Advisor.--
(1) In general.--There shall be a principal legal advisor
to the Director of the Bureau of Citizenship and Immigration
Services.
(2) Functions.--The legal advisor shall be responsible
for--
(A) providing specialized legal advice, opinions,
determinations, regulations, and any other assistance to the
Director of the Bureau of Citizenship and Immigration
Services with respect to legal matters affecting the Bureau
of Citizenship and Immigration Services; and
(B) representing the Bureau of Citizenship and Immigration
Services in visa petition appeal proceedings before the
Executive Office for Immigration Review.
(e) Budget Officer.--
[[Page H8613]]
(1) In general.--There shall be a Budget Officer for the
Bureau of Citizenship and Immigration Services.
(2) Functions.--
(A) In general.--The Budget Officer shall be responsible
for--
(i) formulating and executing the budget of the Bureau of
Citizenship and Immigration Services;
(ii) financial management of the Bureau of Citizenship and
Immigration Services; and
(iii) collecting all payments, fines, and other debts for
the Bureau of Citizenship and Immigration Services.
(f) Chief of Office of Citizenship.--
(1) In general.--There shall be a position of Chief of the
Office of Citizenship for the Bureau of Citizenship and
Immigration Services.
(2) Functions.--The Chief of the Office of Citizenship for
the Bureau of Citizenship and Immigration Services shall be
responsible for promoting instruction and training on
citizenship responsibilities for aliens interested in
becoming naturalized citizens of the United States, including
the development of educational materials.
SEC. 452. CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN.
(a) In General.--Within the Department, there shall be a
position of Citizenship and Immigration Services Ombudsman
(in this section referred to as the ``Ombudsman''). The
Ombudsman shall report directly to the Deputy Secretary. The
Ombudsman shall have a background in customer service as well
as immigration law.
(b) Functions.--It shall be the function of the Ombudsman--
(1) to assist individuals and employers in resolving
problems with the Bureau of Citizenship and Immigration
Services;
(2) to identify areas in which individuals and employers
have problems in dealing with the Bureau of Citizenship and
Immigration Services; and
(3) to the extent possible, to propose changes in the
administrative practices of the Bureau of Citizenship and
Immigration Services to mitigate problems identified under
paragraph (2).
(c) Annual Reports.--
(1) Objectives.--Not later than June 30 of each calendar
year, the Ombudsman shall report to the Committee on the
Judiciary of the House of Representatives and the Senate on
the objectives of the Office of the Ombudsman for the fiscal
year beginning in such calendar year. Any such report shall
contain full and substantive analysis, in addition to
statistical information, and--
(A) shall identify the recommendations the Office of the
Ombudsman has made on improving services and responsiveness
of the Bureau of Citizenship and Immigration Services;
(B) shall contain a summary of the most pervasive and
serious problems encountered by individuals and employers,
including a description of the nature of such problems;
(C) shall contain an inventory of the items described in
subparagraphs (A) and (B) for which action has been taken and
the result of such action;
(D) shall contain an inventory of the items described in
subparagraphs (A) and (B) for which action remains to be
completed and the period during which each item has remained
on such inventory;
(E) shall contain an inventory of the items described in
subparagraphs (A) and (B) for which no action has been taken,
the period during which each item has remained on such
inventory, the reasons for the inaction, and shall identify
any official of the Bureau of Citizenship and Immigration
Services who is responsible for such inaction;
(F) shall contain recommendations for such administrative
action as may be appropriate to resolve problems encountered
by individuals and employers, including problems created by
excessive backlogs in the adjudication and processing of
immigration benefit petitions and applications; and
(G) shall include such other information as the Ombudsman
may deem advisable.
(2) Report to be submitted directly.--Each report required
under this subsection shall be provided directly to the
committees described in paragraph (1) without any prior
comment or amendment from the Secretary, Deputy Secretary,
Director of the Bureau of Citizenship and Immigration
Services, or any other officer or employee of the Department
or the Office of Management and Budget.
(d) Other Responsibilities.--The Ombudsman--
(1) shall monitor the coverage and geographic allocation of
local offices of the Ombudsman;
(2) shall develop guidance to be distributed to all
officers and employees of the Bureau of Citizenship and
Immigration Services outlining the criteria for referral of
inquiries to local offices of the Ombudsman;
(3) shall ensure that the local telephone number for each
local office of the Ombudsman is published and available to
individuals and employers served by the office; and
(4) shall meet regularly with the Director of the Bureau of
Citizenship and Immigration Services to identify serious
service problems and to present recommendations for such
administrative action as may be appropriate to resolve
problems encountered by individuals and employers.
(e) Personnel Actions.--
(1) In general.--The Ombudsman shall have the
responsibility and authority--
(A) to appoint local ombudsmen and make available at least
1 such ombudsman for each State; and
(B) to evaluate and take personnel actions (including
dismissal) with respect to any employee of any local office
of the Ombudsman.
(2) Consultation.--The Ombudsman may consult with the
appropriate supervisory personnel of the Bureau of
Citizenship and Immigration Services in carrying out the
Ombudsman's responsibilities under this subsection.
(f) Responsibilities of Bureau of Citizenship and
Immigration Services.--The Director of the Bureau of
Citizenship and Immigration Services shall establish
procedures requiring a formal response to all recommendations
submitted to such director by the Ombudsman within 3 months
after submission to such director.
(g) Operation of Local Offices.--
(1) In general.--Each local ombudsman--
(A) shall report to the Ombudsman or the delegate thereof;
(B) may consult with the appropriate supervisory personnel
of the Bureau of Citizenship and Immigration Services
regarding the daily operation of the local office of such
ombudsman;
(C) shall, at the initial meeting with any individual or
employer seeking the assistance of such local office, notify
such individual or employer that the local offices of the
Ombudsman operate independently of any other component of the
Department and report directly to Congress through the
Ombudsman; and
(D) at the local ombudsman's discretion, may determine not
to disclose to the Bureau of Citizenship and Immigration
Services contact with, or information provided by, such
individual or employer.
(2) Maintenance of independent communications.--Each local
office of the Ombudsman shall maintain a phone, facsimile,
and other means of electronic communication access, and a
post office address, that is separate from those maintained
by the Bureau of Citizenship and Immigration Services, or any
component of the Bureau of Citizenship and Immigration
Services.
SEC. 453. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.
(a) In General.--The Director of the Bureau of Citizenship
and Immigration Services shall be responsible for--
(1) conducting investigations of noncriminal allegations of
misconduct, corruption, and fraud involving any employee of
the Bureau of Citizenship and Immigration Services that are
not subject to investigation by the Inspector General for the
Department;
(2) inspecting the operations of the Bureau of Citizenship
and Immigration Services and providing assessments of the
quality of the operations of such bureau as a whole and each
of its components; and
(3) providing an analysis of the management of the Bureau
of Citizenship and Immigration Services.
(b) Special Considerations.--In providing assessments in
accordance with subsection (a)(2) with respect to a decision
of the Bureau of Citizenship and Immigration Services, or any
of its components, consideration shall be given to--
(1) the accuracy of the findings of fact and conclusions of
law used in rendering the decision;
(2) any fraud or misrepresentation associated with the
decision; and
(3) the efficiency with which the decision was rendered.
SEC. 454. EMPLOYEE DISCIPLINE.
The Director of the Bureau of Citizenship and Immigration
Services may, notwithstanding any other provision of law,
impose disciplinary action, including termination of
employment, pursuant to policies and procedures applicable to
employees of the Federal Bureau of Investigation, on any
employee of the Bureau of Citizenship and Immigration
Services who willfully deceives Congress or agency leadership
on any matter.
SEC. 455. EFFECTIVE DATE.
Notwithstanding section 4, sections 451 through 456, and
the amendments made by such sections, shall take effect on
the date on which the transfer of functions specified under
section 441 takes effect.
SEC. 456. TRANSITION.
(a) References.--With respect to any function transferred
by this subtitle to, and exercised on or after the effective
date specified in section 455 by, the Director of the Bureau
of Citizenship and Immigration Services, 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 Bureau of Citizenship and Immigration
Services; or
(2) to such component is deemed to refer to the Bureau of
Citizenship and Immigration Services.
(b) Other Transition Issues.--
(1) Exercise of authorities.--Except as otherwise provided
by law, a Federal official to whom a function is transferred
by this subtitle 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 section 455.
(2) Transfer and allocation of appropriations and
personnel.--The personnel of
[[Page H8614]]
the Department of Justice employed in connection with the
functions transferred by this subtitle (and functions that
the Secretary determines are properly related to the
functions of the Bureau of Citizenship and Immigration
Services), and 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 subtitle, subject to
section 202 of the Budget and Accounting Procedures Act of
1950, shall be transferred to the Director of the Bureau of
Citizenship and Immigration Services for allocation to the
appropriate component of the Department. Unexpended funds
transferred pursuant to this paragraph shall be used only for
the purposes for which the funds were originally authorized
and appropriated. The Secretary shall have the right to
adjust or realign transfers of funds and personnel effected
pursuant to this subtitle for a period of 2 years after the
effective date specified in section 455.
SEC. 457. FUNDING FOR CITIZENSHIP AND IMMIGRATION SERVICES.
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.''.
SEC. 458. BACKLOG ELIMINATION.
Section 204(a)(1) of the Immigration Services and
Infrastructure Improvements Act of 2000 (8 U.S.C. 1573(a)(1))
is amended by striking ``not later than one year after the
date of enactment of this Act;'' and inserting ``1 year after
the date of the enactment of the Homeland Security Act of
2002;''.
SEC. 459. REPORT ON IMPROVING IMMIGRATION SERVICES.
(a) In General.--The Secretary, not later than 1 year after
the effective date of this Act, shall submit to the
Committees on the Judiciary and Appropriations of the House
of Representatives and of the Senate a report with a plan
detailing how the Bureau of Citizenship and Immigration
Services, after the transfer of functions specified in this
subtitle takes effect, will complete efficiently, fairly, and
within a reasonable time, the adjudications described in
paragraphs (1) through (5) of section 451(b).
(b) Contents.--For each type of adjudication to be
undertaken by the Director of the Bureau of Citizenship and
Immigration Services, the report shall include the following:
(1) Any potential savings of resources that may be
implemented without affecting the quality of the
adjudication.
(2) The goal for processing time with respect to the
application.
(3) Any statutory modifications with respect to the
adjudication that the Secretary considers advisable.
(c) Consultation.--In carrying out subsection (a), the
Secretary shall consult with the Secretary of State, the
Secretary of Labor, the Assistant Secretary of the Bureau of
Border Security of the Department, and the Director of the
Executive Office for Immigration Review to determine how to
streamline and improve the process for applying for and
making adjudications described in section 451(b) and related
processes.
SEC. 460. REPORT ON RESPONDING TO FLUCTUATING NEEDS.
Not later than 30 days after the date of the enactment of
this Act, the Attorney General shall submit to Congress a
report on changes in law, including changes in authorizations
of appropriations and in appropriations, that are needed to
permit the Immigration and Naturalization Service, and, after
the transfer of functions specified in this subtitle takes
effect, the Bureau of Citizenship and Immigration Services of
the Department, to ensure a prompt and timely response to
emergent, unforeseen, or impending changes in the number of
applications for immigration benefits, and otherwise to
ensure the accommodation of changing immigration service
needs.
SEC. 461. APPLICATION OF INTERNET-BASED TECHNOLOGIES.
(a) Establishment of Tracking System.--The Secretary, not
later than 1 year after the effective date of this Act, in
consultation with the Technology Advisory Committee
established under subsection (c), shall establish an
Internet-based system, that will permit a person, employer,
immigrant, or nonimmigrant who has filings with the Secretary
for any benefit under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), access to online information about the
processing status of the filing involved.
(b) Feasibility Study for Online Filing and Improved
Processing.--
(1) Online filing.--The Secretary, in consultation with the
Technology Advisory Committee established under subsection
(c), shall conduct a feasibility study on the online filing
of the filings described in subsection (a). The study shall
include a review of computerization and technology of the
Immigration and Naturalization Service relating to the
immigration services and processing of filings related to
immigrant services. The study shall also include an estimate
of the timeframe and cost and shall consider other factors in
implementing such a filing system, including the feasibility
of fee payment online.
(2) Report.--A report on the study under this subsection
shall be submitted to the Committees on the Judiciary of the
House of Representatives and the Senate not later than 1 year
after the effective date of this Act.
(c) Technology Advisory Committee.--
(1) Establishment.--The Secretary shall establish, not
later than 60 days after the effective date of this Act, an
advisory committee (in this section referred to as the
``Technology Advisory Committee'') to assist the Secretary
in--
(A) establishing the tracking system under subsection (a);
and
(B) conducting the study under subsection (b).
The Technology Advisory Committee shall be established after
consultation with the Committees on the Judiciary of the
House of Representatives and the Senate.
(2) Composition.--The Technology Advisory Committee shall
be composed of representatives from high technology companies
capable of establishing and implementing the system in an
expeditious manner, and representatives of persons who may
use the tracking system described in subsection (a) and the
online filing system described in subsection (b)(1).
SEC. 462. CHILDREN'S AFFAIRS.
(a) 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 laws of the United States with respect to the
care of unaccompanied alien children that were vested by
statute in, or performed by, the Commissioner of Immigration
and Naturalization (or any officer, employee, or component of
the Immigration and Naturalization Service) immediately
before the effective date specified in subsection (d).
(b) Functions.--
(1) In general.--Pursuant to the transfer made by
subsection (a), the Director of the Office of Refugee
Resettlement shall be responsible for--
(A) coordinating and implementing the care and placement of
unaccompanied alien children who are in Federal custody by
reason of their immigration status, including developing a
plan to be submitted to Congress on how to ensure that
qualified and independent legal counsel is timely appointed
to represent the interests of each such child, 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 child are considered
in decisions and actions relating to the care and custody of
an unaccompanied alien child;
(C) making placement determinations for all unaccompanied
alien children who are in Federal custody by reason of their
immigration status;
(D) implementing the placement determinations;
(E) implementing policies with respect to the care and
placement of unaccompanied alien children;
(F) identifying a sufficient number of qualified
individuals, entities, and facilities to house unaccompanied
alien children;
(G) overseeing the infrastructure and personnel of
facilities in which unaccompanied alien children reside;
(H) reuniting unaccompanied alien children 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 children;
(J) maintaining statistical information and other data on
unaccompanied alien children for whose care and placement the
Director is responsible, which shall include--
(i) biographical information, such as a child's name,
gender, date of birth, country of birth, and country of
habitual residence;
(ii) the date on which the child came into Federal custody
by reason of his or her immigration status;
(iii) information relating to the child's placement,
removal, or release from each facility in which the child has
resided;
(iv) in any case in which the child is placed in detention
or released, an explanation relating to the detention or
release; and
(v) the disposition of any actions in which the child 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 children; and
(L) conducting investigations and inspections of facilities
and other entities in which unaccompanied alien children
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 the Bureau of Citizenship and
Immigration Services, and the Assistant Secretary of the
Bureau of Border Security to ensure that such determinations
ensure that unaccompanied alien children described in such
subparagraph--
(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 exploitive activity; and
[[Page H8615]]
(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 children 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 use 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
children.
(c) Rule of Construction.--Nothing in this section may be
construed to transfer the responsibility for adjudicating
benefit 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.
(d) Effective Date.--Notwithstanding section 4, this
section shall take effect on the date on which the transfer
of functions specified under section 441 takes effect.
(e) 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.
(f) Other Transition Issues.--
(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 (d).
(2) Savings provisions.--Subsections (a), (b), and (c) of
section 1512 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 and
personnel.--The personnel of the Department of Justice
employed in connection with the functions transferred by this
section, and 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) Definitions.--As used in this section--
(1) the term ``placement'' means the placement of an
unaccompanied alien child in either a detention facility or
an alternative to such a facility; and
(2) the term ``unaccompanied alien child'' means a child
who--
(A) has no lawful immigration status 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.
Subtitle F--General Immigration Provisions
SEC. 471. ABOLISHMENT OF INS.
(a) In General.--The Immigration and Naturalization Service
of the Department of Justice is abolished.
(b) Prohibition.--The authority provided by section 1502
may be used to reorganize functions or organizational units
within the Bureau of Border Security or the Bureau of
Citizenship and Immigration Services, but may not be used to
recombine the two bureaus into a single agency or otherwise
to combine, join, or consolidate functions or organizational
units of the two bureaus with each other.
SEC. 472. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) Definitions.--For purposes of this section--
(1) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who--
(A) has completed at least 3 years of current continuous
service with 1 or more covered entities; and
(B) is serving under an appointment without time
limitation;
but does not include any person under subparagraphs (A)-(G)
of section 663(a)(2) of Public Law 104-208 (5 U.S.C. 5597
note);
(2) the term ``covered entity'' means--
(A) the Immigration and Naturalization Service;
(B) the Bureau of Border Security of the Department of
Homeland Security; and
(C) the Bureau of Citizenship and Immigration Services of
the Department of Homeland Security; and
(3) the term ``transfer date'' means the date on which the
transfer of functions specified under section 441 takes
effect.
(b) Strategic Restructuring Plan.--Before the Attorney
General or the Secretary obligates any resources for
voluntary separation incentive payments under this section,
such official shall submit to the appropriate committees of
Congress a strategic restructuring plan, which shall
include--
(1) an organizational chart depicting the covered entities
after their restructuring pursuant to this Act;
(2) a summary description of how the authority under this
section will be used to help carry out that restructuring;
and
(3) the information specified in section 663(b)(2) of
Public Law 104-208 (5 U.S.C. 5597 note).
As used in the preceding sentence, the ``appropriate
committees of Congress'' are the Committees on
Appropriations, Government Reform, and the Judiciary of the
House of Representatives, and the Committees on
Appropriations, Governmental Affairs, and the Judiciary of
the Senate.
(c) Authority.--The Attorney General and the Secretary may,
to the extent necessary to help carry out their respective
strategic restructuring plan described in subsection (b),
make voluntary separation incentive payments to employees.
Any such payment--
(1) shall be paid to the employee, in a lump sum, after the
employee has separated from service;
(2) shall be paid from appropriations or funds available
for the payment of basic pay of the employee;
(3) shall be equal to the lesser of--
(A) the amount the employee would be entitled to receive
under section 5595(c) of title 5, United States Code; or
(B) an amount not to exceed $25,000, as determined by the
Attorney General or the Secretary;
(4) may not be made except in the case of any qualifying
employee who voluntarily separates (whether by retirement or
resignation) before the end of--
(A) the 3-month period beginning on the date on which such
payment is offered or made available to such employee; or
(B) the 3-year period beginning on the date of the
enactment of this Act,
whichever occurs first;
(5) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit; and
(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 of title 5, United States Code,
based on any other separation.
(d) Additional Agency Contributions to the Retirement
Fund.--
(1) In general.--In addition to any payments which it is
otherwise required to make, the Department of Justice and the
Department of Homeland Security shall, for each fiscal year
with respect to which it makes any voluntary separation
incentive payments under this section, remit to the Office of
Personnel Management for deposit in the Treasury of the
United States to the credit of the Civil Service Retirement
and Disability Fund the amount required under paragraph (2).
(2) Amount required.--The amount required under this
paragraph shall, for any fiscal year, be the amount under
subparagraph (A) or (B), whichever is greater.
(A) First method.--The amount under this subparagraph
shall, for any fiscal year, be equal to the minimum amount
necessary to offset the additional costs to the retirement
systems under title 5, United States Code (payable out of the
Civil Service Retirement and Disability Fund) resulting from
the voluntary separation of the employees described in
paragraph (3), as determined under regulations of the Office
of Personnel Management.
(B) Second method.--The amount under this subparagraph
shall, for any fiscal year, be equal to 45 percent of the sum
total of the final basic pay of the employees described in
paragraph (3).
(3) Computations to be based on separations occurring in
the fiscal year involved.--The employees described in this
paragraph are those employees who receive a voluntary
separation incentive payment under this section based on
their separating from service during the fiscal year with
respect to which the payment under this subsection relates.
(4) Final basic pay defined.--In this subsection, the term
``final basic pay'' means, with respect to an employee, the
total amount of basic pay which would be payable for a year
of service by such employee, computed using the employee's
final rate of basic pay, and, if last serving on other than a
full-time basis, with appropriate adjustment therefor.
(e) Effect of Subsequent Employment with the Government.--
An individual who receives a voluntary separation incentive
payment under this section and who, within 5 years after the
date of the separation on which the payment is based, accepts
any compensated employment with the Government or works for
any agency of the Government through a personal services
contract, shall be required to pay, prior to the individual's
first day of employment, the entire amount of the incentive
payment. Such payment shall be made to the covered entity
from which the individual separated or, if made on or after
the transfer date, to the Deputy Secretary or the Under
Secretary for
[[Page H8616]]
Border and Transportation Security (for transfer to the
appropriate component of the Department of Homeland Security,
if necessary).
(f) Effect on Employment Levels.--
(1) Intended effect.--Voluntary separations under this
section are not intended to necessarily reduce the total
number of full-time equivalent positions in any covered
entity.
(2) Use of voluntary separations.--A covered entity may
redeploy or use the full-time equivalent positions vacated by
voluntary separations under this section to make other
positions available to more critical locations or more
critical occupations.
SEC. 473. AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT
RELATING TO DISCIPLINARY ACTION.
(a) In General.--The Attorney General and the Secretary may
each, during a period ending not later than 5 years after the
date of the enactment of this Act, conduct a demonstration
project for the purpose of determining whether one or more
changes in the policies or procedures relating to methods for
disciplining employees would result in improved personnel
management.
(b) Scope.--A demonstration project under this section--
(1) may not cover any employees apart from those employed
in or under a covered entity; and
(2) shall not be limited by any provision of chapter 43,
75, or 77 of title 5, United States Code.
(c) Procedures.--Under the demonstration project--
(1) the use of alternative means of dispute resolution (as
defined in section 571 of title 5, United States Code) shall
be encouraged, whenever appropriate; and
(2) each covered entity under the jurisdiction of the
official conducting the project shall be required to provide
for the expeditious, fair, and independent review of any
action to which section 4303 or subchapter II of chapter 75
of such title 5 would otherwise apply (except an action
described in section 7512(5) of such title 5).
(d) Actions Involving Discrimination.--Notwithstanding any
other provision of this section, if, in the case of any
matter described in section 7702(a)(1)(B) of title 5, United
States Code, there is no judicially reviewable action under
the demonstration project within 120 days after the filing of
an appeal or other formal request for review (referred to in
subsection (c)(2)), an employee shall be entitled to file a
civil action to the same extent and in the same manner as
provided in section 7702(e)(1) of such title 5 (in the matter
following subparagraph (C) thereof).
(e) Certain Employees.--Employees shall not be included
within any project under this section if such employees are--
(1) neither managers nor supervisors; and
(2) within a unit with respect to which a labor
organization is accorded exclusive recognition under chapter
71 of title 5, United States Code.
Notwithstanding the preceding sentence, an aggrieved employee
within a unit (referred to in paragraph (2)) may elect to
participate in a complaint procedure developed under the
demonstration project in lieu of any negotiated grievance
procedure and any statutory procedure (as such term is used
in section 7121 of such title 5).
(f) Reports.--The General Accounting Office shall prepare
and submit to the Committees on Government Reform and the
Judiciary of the House of Representatives and the Committees
on Governmental Affairs and the Judiciary of the Senate
periodic reports on any demonstration project conducted under
this section, such reports to be submitted after the second
and fourth years of its operation. Upon request, the Attorney
General or the Secretary shall furnish such information as
the General Accounting Office may require to carry out this
subsection.
(g) Definition.--In this section, the term ``covered
entity'' has the meaning given such term in section
472(a)(2).
SEC. 474. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the missions of the Bureau of Border Security and the
Bureau of Citizenship and Immigration Services are equally
important and, accordingly, they each should be adequately
funded; and
(2) the functions transferred under this subtitle should
not, after such transfers take effect, operate at levels
below those in effect prior to the enactment of this Act.
SEC. 475. DIRECTOR OF SHARED SERVICES.
(a) In General.--Within the Office of Deputy Secretary,
there shall be a Director of Shared Services.
(b) Functions.--The Director of Shared Services shall be
responsible for the coordination of resources for the Bureau
of Border Security and the Bureau of Citizenship and
Immigration Services, including--
(1) information resources management, including computer
databases and information technology;
(2) records and file management; and
(3) forms management.
SEC. 476. SEPARATION OF FUNDING.
(a) In General.--There shall be established separate
accounts in the Treasury of the United States for
appropriated funds and other deposits available for the
Bureau of Citizenship and Immigration Services and the Bureau
of Border Security.
(b) Separate Budgets.--To ensure that the Bureau of
Citizenship and Immigration Services and the Bureau of Border
Security are funded to the extent necessary to fully carry
out their respective functions, the Director of the Office of
Management and Budget shall separate the budget requests for
each such entity.
(c) Fees.--Fees imposed for a particular service,
application, or benefit shall be deposited into the account
established under subsection (a) that is for the bureau with
jurisdiction over the function to which the fee relates.
(d) Fees Not Transferable.--No fee may be transferred
between the Bureau of Citizenship and Immigration Services
and the Bureau of Border Security for purposes not authorized
by section 286 of the Immigration and Nationality Act (8
U.S.C. 1356).
SEC. 477. REPORTS AND IMPLEMENTATION PLANS.
(a) Division of Funds.--The Secretary, not later than 120
days after the effective date of this Act, shall submit to
the Committees on Appropriations and the Judiciary of the
House of Representatives and of the Senate a report on the
proposed division and transfer of funds, including unexpended
funds, appropriations, and fees, between the Bureau of
Citizenship and Immigration Services and the Bureau of Border
Security.
(b) Division of Personnel.--The Secretary, not later than
120 days after the effective date of this Act, shall submit
to the Committees on Appropriations and the Judiciary of the
House of Representatives and of the Senate a report on the
proposed division of personnel between the Bureau of
Citizenship and Immigration Services and the Bureau of Border
Security.
(c) Implementation Plan.--
(1) In general.--The Secretary, not later than 120 days
after the effective date of this Act, and every 6 months
thereafter until the termination of fiscal year 2005, shall
submit to the Committees on Appropriations and the Judiciary
of the House of Representatives and of the Senate an
implementation plan to carry out this Act.
(2) Contents.--The implementation plan should include
details concerning the separation of the Bureau of
Citizenship and Immigration Services and the Bureau of Border
Security, including the following:
(A) Organizational structure, including the field
structure.
(B) Chain of command.
(C) Procedures for interaction among such bureaus.
(D) Fraud detection and investigation.
(E) The processing and handling of removal proceedings,
including expedited removal and applications for relief from
removal.
(F) Recommendations for conforming amendments to the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(G) Establishment of a transition team.
(H) Methods to phase in the costs of separating the
administrative support systems of the Immigration and
Naturalization Service in order to provide for separate
administrative support systems for the Bureau of Citizenship
and Immigration Services and the Bureau of Border Security.
(d) Comptroller General Studies and Reports.--
(1) Status reports on transition.--Not later than 18 months
after the date on which the transfer of functions specified
under section 441 takes effect, and every 6 months
thereafter, until full implementation of this subtitle has
been completed, the Comptroller General of the United States
shall submit to the Committees on Appropriations and on the
Judiciary of the House of Representatives and the Senate a
report containing the following:
(A) A determination of whether the transfers of functions
made by subtitles D and E have been completed, and if a
transfer of functions has not taken place, identifying the
reasons why the transfer has not taken place.
(B) If the transfers of functions made by subtitles D and E
have been completed, an identification of any issues that
have arisen due to the completed transfers.
(C) An identification of any issues that may arise due to
any future transfer of functions.
(2) Report on management.--Not later than 4 years after the
date on which the transfer of functions specified under
section 441 takes effect, the Comptroller General of the
United States shall submit to the Committees on
Appropriations and on the Judiciary of the House of
Representatives and the Senate a report, following a study,
containing the following:
(A) Determinations of whether the transfer of functions
from the Immigration and Naturalization Service to the Bureau
of Citizenship and Immigration Services and the Bureau of
Border Security have improved, with respect to each function
transferred, the following:
(i) Operations.
(ii) Management, including accountability and
communication.
(iii) Financial administration.
(iv) Recordkeeping, including information management and
technology.
(B) A statement of the reasons for the determinations under
subparagraph (A).
(C) Any recommendations for further improvements to the
Bureau of Citizenship and Immigration Services and the Bureau
of Border Security.
(3) Report on fees.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General of the
United States
[[Page H8617]]
shall submit to the Committees on the Judiciary of the House
of Representatives and of the Senate a report examining
whether the Bureau of Citizenship and Immigration Services is
likely to derive sufficient funds from fees to carry out its
functions in the absence of appropriated funds.
SEC. 478. IMMIGRATION FUNCTIONS.
(a) Annual Report.--
(1) In general.--One year after the date of the enactment
of this Act, and each year thereafter, the Secretary shall
submit a report to the President, to the Committees on the
Judiciary and Government Reform of the House of
Representatives, and to the Committees on the Judiciary and
Government Affairs of the Senate, on the impact the transfers
made by this subtitle has had on immigration functions.
(2) Matter included.--The report shall address the
following with respect to the period covered by the report:
(A) The aggregate number of all immigration applications
and petitions received, and processed, by the Department;
(B) Region-by-region statistics on the aggregate number of
immigration applications and petitions filed by an alien (or
filed on behalf of an alien) and denied, disaggregated by
category of denial and application or petition type.
(C) The quantity of backlogged immigration applications and
petitions that have been processed, the aggregate number
awaiting processing, and a detailed plan for eliminating the
backlog.
(D) The average processing period for immigration
applications and petitions, disaggregated by application or
petition type.
(E) The number and types of immigration-related grievances
filed with any official of the Department of Justice, and if
those grievances were resolved.
(F) Plans to address grievances and improve immigration
services.
(G) Whether immigration-related fees were used consistent
with legal requirements regarding such use.
(H) Whether immigration-related questions conveyed by
customers to the Department (whether conveyed in person, by
telephone, or by means of the Internet) were answered
effectively and efficiently.
(b) Sense of Congress Regarding Immigration Services.--It
is the sense of Congress that--
(1) the quality and efficiency of immigration services
rendered by the Federal Government should be improved after
the transfers made by this subtitle take effect; and
(2) the Secretary should undertake efforts to guarantee
that concerns regarding the quality and efficiency of
immigration services are addressed after such effective date.
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.
The Secretary, acting through the Under Secretary for
Emergency Preparedness and Response, shall include--
(1) helping to ensure the effectiveness of emergency
response providers to 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 XV, 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 Integrated Hazard Information System of the
National Oceanic and Atmospheric Administration, which shall
be renamed ``FIRESAT''.
(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 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 and the Assistant Secretary for Public
Health Emergency Preparedness 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 in the United States), 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.
SEC. 507. ROLE OF FEDERAL EMERGENCY MANAGEMENT AGENCY.
(a) In General.--The functions of the Federal Emergency
Management Agency include the following:
(1) All functions and authorities prescribed by the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(2) Carrying out its mission to reduce the loss of life and
property and protect the Nation from all hazards by leading
and supporting the Nation in a comprehensive, risk-based
emergency management program--
(A) of mitigation, by taking sustained actions to reduce or
eliminate long-term risk to people and property from hazards
and their effects;
(B) of planning for building the emergency management
profession to prepare effectively for, mitigate against,
respond to, and recover from any hazard;
(C) of response, by conducting emergency operations to save
lives and property through positioning emergency equipment
and supplies, through evacuating potential victims, through
providing food, water, shelter, and medical care to those in
need, and through restoring critical public services;
(D) of recovery, by rebuilding communities so individuals,
businesses, and governments can function on their own, return
to normal life, and protect against future hazards; and
(E) of increased efficiencies, by coordinating efforts
relating to mitigation, planning, response, and recovery.
(b) Federal Response Plan.--
(1) Role of fema.--Notwithstanding any other provision of
this Act, the Federal
[[Page H8618]]
Emergency Management Agency shall remain the lead agency for
the Federal Response Plan established under Executive Order
12148 (44 Fed. Reg. 43239) and Executive Order 12656 (53 Fed.
Reg. 47491).
(2) Revision of response plan.--Not later than 60 days
after the date of enactment of this Act, the Director of the
Federal Emergency Management Agency shall revise the Federal
Response Plan to reflect the establishment of and incorporate
the Department.
SEC. 508. USE OF NATIONAL PRIVATE SECTOR NETWORKS IN
EMERGENCY RESPONSE.
To the maximum extent practicable, the Secretary shall use
national private sector networks and infrastructure for
emergency response to chemical, biological, radiological,
nuclear, or explosive disasters, and other major disasters.
SEC. 509. USE OF COMMERCIALLY AVAILABLE TECHNOLOGY, GOODS,
AND SERVICES.
It is the sense of Congress that--
(1) the Secretary should, to the maximum extent possible,
use off-the-shelf commercially developed technologies to
ensure that the Department's information technology systems
allow the Department to collect, manage, share, analyze, and
disseminate information securely over multiple channels of
communication; and
(2) in order to further the policy of the United States to
avoid competing commercially with the private sector, the
Secretary should rely on commercial sources to supply the
goods and services needed by the Department.
TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS
SEC. 601. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE
ARMED FORCES OF THE UNITED STATES AND OTHER
GOVERNMENTAL ORGANIZATIONS.
(a) Findings.--Congress finds the following:
(1) Members of the Armed Forces of the United States defend
the freedom and security of our Nation.
(2) Members of the Armed Forces of the United States have
lost their lives while battling the evils of terrorism around
the world.
(3) Personnel of the Central Intelligence Agency (CIA)
charged with the responsibility of covert observation of
terrorists around the world are often put in harm's way
during their service to the United States.
(4) Personnel of the Central Intelligence Agency have also
lost their lives while battling the evils of terrorism around
the world.
(5) Employees of the Federal Bureau of Investigation (FBI)
and other Federal agencies charged with domestic protection
of the United States put their lives at risk on a daily basis
for the freedom and security of our Nation.
(6) United States military personnel, CIA personnel, FBI
personnel, and other Federal agents in the service of the
United States are patriots of the highest order.
(7) CIA officer Johnny Micheal Spann became the first
American to give his life for his country in the War on
Terrorism declared by President George W. Bush following the
terrorist attacks of September 11, 2001.
(8) Johnny Micheal Spann left behind a wife and children
who are very proud of the heroic actions of their patriot
father.
(9) Surviving dependents of members of the Armed Forces of
the United States who lose their lives as a result of
terrorist attacks or military operations abroad receive a
$6,000 death benefit, plus a small monthly benefit.
(10) The current system of compensating spouses and
children of American patriots is inequitable and needs
improvement.
(b) Designation of Johnny Micheal Spann Patriot Trusts.--
Any charitable corporation, fund, foundation, or trust (or
separate fund or account thereof) which otherwise meets all
applicable requirements under law with respect to charitable
entities and meets the requirements described in subsection
(c) shall be eligible to characterize itself as a ``Johnny
Micheal Spann Patriot Trust''.
(c) Requirements for the Designation of Johnny Micheal
Spann Patriot Trusts.--The requirements described in this
subsection are as follows:
(1) Not taking into account funds or donations reasonably
necessary to establish a trust, at least 85 percent of all
funds or donations (including any earnings on the investment
of such funds or donations) received or collected by any
Johnny Micheal Spann Patriot Trust must be distributed to
(or, if placed in a private foundation, held in trust for)
surviving spouses, children, or dependent parents,
grandparents, or siblings of 1 or more of the following:
(A) members of the Armed Forces of the United States;
(B) personnel, including contractors, of elements of the
intelligence community, as defined in section 3(4) of the
National Security Act of 1947;
(C) employees of the Federal Bureau of Investigation; and
(D) officers, employees, or contract employees of the
United States Government,
whose deaths occur in the line of duty and arise out of
terrorist attacks, military operations, intelligence
operations, or law enforcement operations or accidents
connected with activities occurring after September 11, 2001,
and related to domestic or foreign efforts to curb
international terrorism, including the Authorization for Use
of Military Force (Public Law 107-40; 115 Stat. 224).
(2) Other than funds or donations reasonably necessary to
establish a trust, not more than 15 percent of all funds or
donations (or 15 percent of annual earnings on funds invested
in a private foundation) may be used for administrative
purposes.
(3) No part of the net earnings of any Johnny Micheal Spann
Patriot Trust may inure to the benefit of any individual
based solely on the position of such individual as a
shareholder, an officer or employee of such Trust.
(4) None of the activities of any Johnny Micheal Spann
Patriot Trust shall be conducted in a manner inconsistent
with any law that prohibits attempting to influence
legislation.
(5) No Johnny Micheal Spann Patriot Trust may participate
in or intervene in any political campaign on behalf of (or in
opposition to) any candidate for public office, including by
publication or distribution of statements.
(6) Each Johnny Micheal Spann Patriot Trust shall comply
with the instructions and directions of the Director of
Central Intelligence, the Attorney General, or the Secretary
of Defense relating to the protection of intelligence sources
and methods, sensitive law enforcement information, or other
sensitive national security information, including methods
for confidentially disbursing funds.
(7) Each Johnny Micheal Spann Patriot Trust that receives
annual contributions totaling more than $1,000,000 must be
audited annually by an independent certified public
accounting firm. Such audits shall be filed with the Internal
Revenue Service, and shall be open to public inspection,
except that the conduct, filing, and availability of the
audit shall be consistent with the protection of intelligence
sources and methods, of sensitive law enforcement
information, and of other sensitive national security
information.
(8) Each Johnny Micheal Spann Patriot Trust shall make
distributions to beneficiaries described in paragraph (1) at
least once every calendar year, beginning not later than 12
months after the formation of such Trust, and all funds and
donations received and earnings not placed in a private
foundation dedicated to such beneficiaries must be
distributed within 36 months after the end of the fiscal year
in which such funds, donations, and earnings are received.
(9)(A) When determining the amount of a distribution to any
beneficiary described in paragraph (1), a Johnny Micheal
Spann Patriot Trust should take into account the amount of
any collateral source compensation that the beneficiary has
received or is entitled to receive as a result of the death
of an individual described in paragraph (1).
(B) Collateral source compensation includes all
compensation from collateral sources, including life
insurance, pension funds, death benefit programs, and
payments by Federal, State, or local governments related to
the death of an individual described in paragraph (1).
(d) Treatment of Johnny Micheal Spann Patriot Trusts.--Each
Johnny Micheal Spann Patriot Trust shall refrain from
conducting the activities described in clauses (i) and (ii)
of section 301(20)(A) of the Federal Election Campaign Act of
1971 so that a general solicitation of funds by an individual
described in paragraph (1) of section 323(e) of such Act will
be permissible if such solicitation meets the requirements of
paragraph (4)(A) of such section.
(e) Notification of Trust Beneficiaries.--Notwithstanding
any other provision of law, and in a manner consistent with
the protection of intelligence sources and methods and
sensitive law enforcement information, and other sensitive
national security information, the Secretary of Defense, the
Director of the Federal Bureau of Investigation, or the
Director of Central Intelligence, or their designees, as
applicable, may forward information received from an
executor, administrator, or other legal representative of the
estate of a decedent described in subparagraph (A), (B), (C),
or (D) of subsection (c)(1), to a Johnny Micheal Spann
Patriot Trust on how to contact individuals eligible for a
distribution under subsection (c)(1) for the purpose of
providing assistance from such Trust; provided that, neither
forwarding nor failing to forward any information under this
subsection shall create any cause of action against any
Federal department, agency, officer, agent, or employee.
(f) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense, in
coordination with the Attorney General, the Director of the
Federal Bureau of Investigation, and the Director of Central
Intelligence, shall prescribe regulations to carry out this
section.
TITLE VII--MANAGEMENT
SEC. 701. UNDER SECRETARY FOR MANAGEMENT.
(a) In General.--The Secretary, acting through the Under
Secretary for Management, shall be responsible for the
management and administration of the Department, including
the following:
(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.
[[Page H8619]]
(6) Security for personnel, information technology and
communications systems, facilities, property, equipment, and
other material resources.
(7) Identification and tracking of performance measures
relating to the responsibilities of the Department.
(8) Grants and other assistance management programs.
(9) The transition and reorganization process, to ensure an
efficient and orderly transfer of functions and personnel to
the Department, including the development of a transition
plan.
(10) The conduct of internal audits and management analyses
of the programs and activities of the Department.
(11) Any other management duties that the Secretary may
designate.
(b) Immigration.--
(1) In general.--In addition to the responsibilities
described in subsection (a), the Under Secretary for
Management shall be responsible for the following:
(A) Maintenance of all immigration statistical information
of the Bureau of Border Security and the Bureau of
Citizenship and Immigration Services. Such statistical
information shall include information and statistics of the
type contained in the publication entitled ``Statistical
Yearbook of the Immigration and Naturalization Service''
prepared by the Immigration and Naturalization Service (as in
effect immediately before the date on which the transfer of
functions specified under section 441 takes effect),
including region-by-region statistics on the aggregate number
of applications and petitions filed by an alien (or filed on
behalf of an alien) and denied by such bureau, and the
reasons for such denials, disaggregated by category of denial
and application or petition type.
(B) Establishment of standards of reliability and validity
for immigration statistics collected by such bureaus.
(2) Transfer of functions.--In accordance with title XV,
there shall be transferred to the Under Secretary for
Management all functions performed immediately before such
transfer occurs by the Statistics Branch of the Office of
Policy and Planning of the Immigration and Naturalization
Service with respect to the following programs:
(A) The Border Patrol program.
(B) The detention and removal program.
(C) The intelligence program.
(D) The investigations program.
(E) The inspections program.
(F) Adjudication of immigrant visa petitions.
(G) Adjudication of naturalization petitions.
(H) Adjudication of asylum and refugee applications.
(I) Adjudications performed at service centers.
(J) All other adjudications performed by the Immigration
and Naturalization Service.
SEC. 702. 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. 703. 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. 704. 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.
SEC. 705. ESTABLISHMENT OF OFFICER FOR CIVIL RIGHTS AND CIVIL
LIBERTIES.
(a) In General.--The Secretary shall appoint in the
Department an Officer for Civil Rights and Civil Liberties,
who shall--
(1) review and assess information alleging abuses of civil
rights, civil liberties, and racial and ethnic profiling by
employees and officials of the Department; and
(2) make public through the Internet, radio, television, or
newspaper advertisements information on the responsibilities
and functions of, and how to contact, the Officer.
(b) Report.--The Secretary shall submit to the President of
the Senate, the Speaker of the House of Representatives, and
the appropriate committees and subcommittees of Congress on
an annual basis a report on the implementation of this
section, including the use of funds appropriated to carry out
this section, and detailing any allegations of abuses
described under subsection (a)(1) and any actions taken by
the Department in response to such allegations.
SEC. 706. CONSOLIDATION AND CO-LOCATION OF OFFICES.
Not later than 1 year after the date of the enactment of
this Act, the Secretary shall develop and submit to Congress
a plan for consolidating and co-locating--
(1) any regional offices or field offices of agencies that
are transferred to the Department under this Act, if such
officers are located in the same municipality; and
(2) portions of regional and field offices of other Federal
agencies, to the extent such offices perform functions that
are transferred to the Secretary under this Act.
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
Subtitle A--Coordination with Non-Federal Entities
SEC. 801. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION.
(a) Establishment.--There is established within the Office
of the Secretary the Office for State and Local Government
Coordination, to oversee and coordinate departmental programs
for and relationships with State and local governments.
(b) Responsibilities.--The Office established under
subsection (a) shall--
(1) coordinate the activities of the Department relating to
State and local government;
(2) assess, and advocate for, the resources needed by State
and local government to implement the national strategy for
combating terrorism;
(3) provide State and local government with regular
information, research, and technical support to assist local
efforts at securing the homeland; and
(4) develop a process for receiving meaningful input from
State and local government to assist the development of the
national strategy for combating terrorism and other homeland
security activities.
Subtitle B--Inspector General
SEC. 811. 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 sensitive 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 Certain Investigations.--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 Required.--If the Secretary exercises any
power under subsection (a) or (b), the Secretary shall notify
the Inspector General of the Department in writing 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 and a written response thereto that
includes--
(1) a statement as to whether the Inspector General agrees
or disagrees with such exercise; and
(2) the reasons for any disagreement, to the President of
the Senate and the Speaker of the House of Representatives
and to appropriate committees and subcommittees of Congress.
(d) Access to Information by Congress.--The exercise of
authority by the Secretary described in subsection (b) should
not be construed as limiting the right of Congress or any
committee of Congress to access any information it seeks.
(e) Oversight Responsibility--The Inspector General Act of
1978 (5 U.S.C. App.) is amended by inserting after section 8I
the following:
``special provisions concerning the department of homeland security
``Sec. 8J. Notwithstanding any other provision of law, in
carrying out the duties and responsibilities specified in
this Act, the Inspector General of the Department of Homeland
Security shall have oversight responsibility for the internal
investigations performed by the Office of Internal Affairs of
the United States Customs Service and the Office of
Inspections of the United States Secret Service. The head of
each such office shall promptly report to the Inspector
General the significant activities being carried out by such
office.''.
SEC. 812. 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
[[Page H8620]]
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 seizure 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)(A) Powers authorized for an Office of Inspector
General under paragraph (1) may 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).
``(B) Powers authorized to be exercised by any individual
under paragraph (1) may be rescinded or suspended with
respect to that individual upon a determination by the
Attorney General that such individual has not complied with
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. 821. FUNCTIONS TRANSFERRED.
In accordance with title XV, there shall be transferred to
the Secretary the functions, personnel, assets, and
obligations 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--Acquisitions
SEC. 831. RESEARCH AND DEVELOPMENT PROJECTS.
(a) Authority.--During the 5-year period following the
effective date of this Act, the Secretary may carry out a
pilot program under which the Secretary may exercise the
following authorities:
(1) In general.--When the Secretary carries out basic,
applied, and advanced research and development projects,
including the expenditure of funds for such projects, the
Secretary 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 (b)
of this 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) Report.--Not later than 2 years after the effective
date of this Act, and annually thereafter, the Comptroller
General shall report to the Committee on Government Reform of
the House of Representatives and the Committee on
Governmental Affairs of the Senate on--
(1) whether use of the authorities described in subsection
(a) attracts nontraditional Government contractors and
results in the acquisition of needed technologies; and
(2) if such authorities were to be made permanent, whether
additional safeguards are needed with respect to the use of
such authorities.
(c) 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.
(d) Definition of Nontraditional Government Contractor.--In
this section, the term ``nontraditional Government
contractor'' has the same meaning as the term
``nontraditional defense contractor'' as defined in section
845(e) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note).
SEC. 832. PERSONAL SERVICES.
The Secretary--
(1) may procure the temporary or intermittent services of
experts or consultants (or organizations thereof) in
accordance with section 3109 of title 5, United States Code;
and
(2) may, 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. 833. SPECIAL STREAMLINED ACQUISITION AUTHORITY.
(a) Authority.--
(1) In general.--The Secretary may use the authorities set
forth in this section with respect to any procurement made
during the
[[Page H8621]]
period beginning on the effective date of this Act and ending
September 30, 2007, if the Secretary determines in writing
that the mission of the Department (as described in section
101) would be seriously impaired without the use of such
authorities.
(2) Delegation.--The authority to make the determination
described in paragraph (1) may not be delegated by the
Secretary to an officer of the Department who is not
appointed by the President with the advice and consent of the
Senate.
(3) Notification.--Not later than the date that is 7 days
after the date of any determination under paragraph (1), the
Secretary shall submit to the Committee on Government Reform
of the House of Representatives and the Committee on
Governmental Affairs of the Senate--
(A) notification of such determination; and
(B) the justification for such determination.
(b) Increased Micro-Purchase Threshold For Certain
Procurements.--
(1) In general.--The Secretary may designate certain
employees of the Department to make procurements described in
subsection (a) for which in the administration of section 32
of the Office of Federal Procurement Policy Act (41 U.S.C.
428) the amount specified in subsections (c), (d), and (f) of
such section 32 shall be deemed to be $7,500.
(2) Number of employees.--The number of employees
designated under paragraph (1) shall be--
(A) fewer than the number of employees of the Department
who are authorized to make purchases without obtaining
competitive quotations, pursuant to section 32(c) of the
Office of Federal Procurement Policy Act (41 U.S.C. 428(c));
(B) sufficient to ensure the geographic dispersal of the
availability of the use of the procurement authority under
such paragraph at locations reasonably considered to be
potential terrorist targets; and
(C) sufficiently limited to allow for the careful
monitoring of employees designated under such paragraph.
(3) Review.--Procurements made under the authority of this
subsection shall be subject to review by a designated
supervisor on not less than a monthly basis. The supervisor
responsible for the review shall be responsible for no more
than 7 employees making procurements under this subsection.
(c) Simplified Acquisition Procedures.--
(1) In general.--With respect to a procurement described in
subsection (a), the Secretary may deem the simplified
acquisition threshold referred to in section 4(11) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(11))
to be--
(A) in the case of a contract to be awarded and performed,
or purchase to be made, within the United States, $200,000;
and
(B) in the case of a contract to be awarded and performed,
or purchase to be made, outside of the United States,
$300,000.
(2) Conforming amendments.--Section 18(c)(1) of the Office
of Federal Procurement Policy Act is amended--
(A) by striking ``or'' at the end of subparagraph (F);
(B) by striking the period at the end of subparagraph (G)
and inserting ``; or''; and
(C) by adding at the end the following:
``(H) the procurement is by the Secretary of Homeland
Security pursuant to the special procedures provided in
section 833(c) of the Homeland Security Act of 2002.''.
(d) Application of Certain Commercial Items Authorities.--
(1) In general.--With respect to a procurement described in
subsection (a), the Secretary may deem any item or service to
be a commercial item for the purpose of Federal procurement
laws.
(2) Limitation.--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)) 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 be deemed to be $7,500,000 for
purposes of property or services under the authority of this
subsection.
(3) Certain authority.--Authority under a provision of law
referred to in paragraph (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 a
procurement described in subsection (a).
(e) Report.--Not later than 180 days after the end of
fiscal year 2005, the Comptroller General shall submit to the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of
Representatives a report on the use of the authorities
provided in this section. The report shall contain the
following:
(1) An assessment of the extent to which property and
services acquired using authorities provided under this
section contributed to the capacity of the Federal workforce
to facilitate the mission of the Department as described in
section 101.
(2) An assessment of the extent to which prices for
property and services acquired using authorities provided
under this section reflected the best value.
(3) The number of employees designated by each executive
agency under subsection (b)(1).
(4) An assessment of the extent to which the Department has
implemented subsections (b)(2) and (b)(3) to monitor the use
of procurement authority by employees designated under
subsection (b)(1).
(5) Any recommendations of the Comptroller General for
improving the effectiveness of the implementation of the
provisions of this section.
SEC. 834. UNSOLICITED PROPOSALS.
(a) Regulations Required.--Within 1 year of the date of
enactment of this Act, the Federal Acquisition Regulation
shall be revised to include regulations with regard to
unsolicited proposals.
(b) Content of Regulations.--The regulations prescribed
under subsection (a) shall require that before initiating a
comprehensive evaluation, an agency contact point shall
consider, among other factors, that the proposal--
(1) is not submitted in response to a previously published
agency requirement; and
(2) contains technical and cost information for evaluation
and overall scientific, technical or socioeconomic merit, or
cost-related or price-related factors.
SEC. 835. PROHIBITION ON CONTRACTS WITH CORPORATE
EXPATRIATES.
(a) In General.--The Secretary may not enter into any
contract with a foreign incorporated entity which is treated
as an inverted domestic corporation under subsection (b).
(b) Inverted Domestic Corporation.--For purposes of this
section, a foreign incorporated entity shall be treated as an
inverted domestic corporation if, pursuant to a plan (or a
series of related transactions)--
(1) the entity completes after the date of enactment of
this Act, the direct or indirect acquisition of substantially
all of the properties held directly or indirectly by a
domestic corporation or substantially all of the properties
constituting a trade or business of a domestic partnership;
(2) after the acquisition at least 80 percent of the stock
(by vote or value) of the entity is held--
(A) in the case of an acquisition with respect to a
domestic corporation, by former shareholders of the domestic
corporation by reason of holding stock in the domestic
corporation; or
(B) in the case of an acquisition with respect to a
domestic partnership, by former partners of the domestic
partnership by reason of holding a capital or profits
interest in the domestic partnership; and
(3) the expanded affiliated group which after the
acquisition includes the entity does not have substantial
business activities in the foreign country in which or under
the law of which the entity is created or organized when
compared to the total business activities of such expanded
affiliated group.
(c) Definitions and Special Rules.--
(1) Rules for application of subsection (b).--In applying
subsection (b) for purposes of subsection (a), the following
rules shall apply:
(A) Certain stock disregarded.--There shall not be taken
into account in determining ownership for purposes of
subsection (b)(2)--
(i) stock held by members of the expanded affiliated group
which includes the foreign incorporated entity; or
(ii) stock of such entity which is sold in a public
offering related to the acquisition described in subsection
(b)(1).
(B) Plan deemed in certain cases.--If a foreign
incorporated entity acquires directly or indirectly
substantially all of the properties of a domestic corporation
or partnership during the 4-year period beginning on the date
which is after the date of enactment of this Act and which is
2 years before the ownership requirements of subsection
(b)(2) are met, such actions shall be treated as pursuant to
a plan.
(C) Certain transfers disregarded.--The transfer of
properties or liabilities (including by contribution or
distribution) shall be disregarded if such transfers are part
of a plan a principal purpose of which is to avoid the
purposes of this section.
(D) Special rule for related partnerships.--For purposes of
applying subsection (b) to the acquisition of a domestic
partnership, except as provided in regulations, all domestic
partnerships which are under common control (within the
meaning of section 482 of the Internal Revenue Code of 1986)
shall be treated as I partnership.
(E) Treatment of certain rights.--The Secretary shall
prescribe such regulations as may be necessary to--
(i) treat warrants, options, contracts to acquire stock,
convertible debt instruments, and other similar interests as
stock; and
(ii) treat stock as not stock.
(2) Expanded affiliated group.--The term ``expanded
affiliated group'' means an affiliated group as defined in
section 1504(a) of the Internal Revenue Code of 1986 (without
regard to section 1504(b) of such Code), except that section
1504 of such Code shall be applied by substituting ``more
than 50 percent'' for ``at least 80 percent'' each place it
appears.
(3) Foreign incorporated entity.--The term ``foreign
incorporated entity'' means any entity which is, or but for
subsection (b) would be, treated as a foreign corporation for
purposes of the Internal Revenue Code of 1986.
(4) Other definitions.--The terms ``person'', ``domestic'',
and ``foreign'' have the meanings given such terms by
paragraphs (1), (4), and (5) of section 7701 (a) of the
Internal Revenue Code of 1986, respectively.
(d) Waivers.--The Secretary shall waive subsection (a) with
respect to any specific contract if the Secretary determines
that the waiver is required in the interest of
[[Page H8622]]
homeland security, or to prevent the loss of any jobs in the
United States or prevent the Government from incurring any
additional costs that otherwise would not occur.
Subtitle E--Human Resources Management
SEC. 841. 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 of Homeland Security 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 of Homeland
Security.
``(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), (8), and (9); or
``(ii) any provision of law implementing any provision of
law referred to in section 2302(b)(1), (8), and (9) 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 participation of employee
representatives in the planning, development, and
implementation of any human resources management system or
adjustments to such system under this section, the Secretary
of Homeland Security 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 30 calendar 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) Pre-implementation congressional notification,
consultation, and mediation.--Following receipt of
recommendations, if any, from employee representatives with
respect to a proposal described in subparagraph (A), the
Secretary and the Director shall accept such modifications to
the proposal in response to the recommendations as they
determine advisable and shall, with respect to any parts of
the proposal as to which they have not accepted the
recommendations--
``(i) notify Congress of those parts of the proposal,
together with the recommendations of employee
representatives;
``(ii) meet and confer for not less than 30 calendar days
with any representatives who have made recommendations, in
order to attempt to reach agreement on whether or how to
proceed with those parts of the proposal; and
``(iii) at the Secretary's option, or if requested by a
majority of the employee representatives who have made
recommendations, use the services of the Federal Mediation
and Conciliation Service during such meet and confer period
to facilitate the process of attempting to reach
agreement.
``(C) Implementation.--
``(i) Any part of the proposal as to which the
representatives do not make a recommendation, or as to which
their recommendations are accepted by the Secretary and the
Director, may be implemented immediately.
``(ii) With respect to any parts of the proposal as to
which recommendations have been made but not accepted by the
Secretary and the Director, at any time after 30 calendar
days have elapsed since the initiation of the congressional
notification, consultation, and mediation procedures set
forth in subparagraph (B), if the Secretary determines, in
the Secretary's sole and unreviewable discretion, that
further consultation and mediation is unlikely to produce
agreement, the Secretary may implement any or all of such
parts, including any modifications made in response to the
recommendations as the Secretary determines advisable.
``(iii) The Secretary shall promptly notify Congress of the
implementation of any part of the proposal and shall furnish
with such notice an explanation of the proposal, any changes
made to the proposal as a result of recommendations from
employee representatives, and of the reasons why
implementation is appropriate under this subparagraph.
``(D) 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 as internal rules of departmental procedure
which shall not be subject to review. 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;
``(C) the fair and expeditious handling of the consultation
and mediation process described in subparagraph (B) of
paragraph (1), including procedures by which, if the number
of employee representatives providing recommendations exceeds
5, such representatives select a committee or other unified
representative with which the Secretary and Director may meet
and confer; and
``(D) 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
[[Page H8623]]
``(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) Provisions Relating to Labor-Management Relations.--
Nothing in this section shall be construed as conferring
authority on the Secretary of Homeland Security to modify any
of the provisions of section 842 of the Homeland Security Act
of 2002.
``(h) Sunset Provision.--Effective 5 years after the
conclusion of the transition period defined under section
1501 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) Technical and conforming 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 under 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 1
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. 842. 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 employees first appointed on or after such
date, the preceding sentence shall be applied disregarding
subparagraph (A).
(c) Waiver.--If the President determines that the
application of subsections (a), (b), and (d) would have a
substantial adverse impact on the ability of the Department
to protect homeland security, the President may waive the
application of such subsections 10 days after the President
has submitted to Congress a written explanation of the
reasons for such determination.
(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.
(e) Rule of construction.--Nothing in section 9701(e) of
title 5, United States Code, shall be considered to apply
with respect to any agency or subdivision of any agency,
which is excluded from the coverage of chapter 71 of title 5,
United States Code, by virtue of an order issued in
accordance with section 7103(b) of such title and the
preceding provisions of this section (as applicable), or to
any employees of any such agency or subdivision or to any
individual or entity representing any such employees or any
representatives thereof.
Subtitle F--Federal Emergency Procurement Flexibility
SEC. 851. DEFINITION.
In this subtitle, 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. 852. 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. 853. 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 852 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, $200,000;
or
(2) in the case of a contract to be awarded and performed,
or purchase to be made, outside the United States, $300,000.
(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. 854. 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 852, the amount
specified in subsections (c), (d), and (f) of such section 32
shall be deemed to be $7,500.
SEC. 855. 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 852 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.
[[Page H8624]]
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. 856. 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 852, 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 852.
SEC. 857. 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. 858. 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--Support Anti-terrorism by Fostering Effective Technologies
Act of 2002
SEC. 861. SHORT TITLE.
This subtitle may be cited as the ``Support Anti-terrorism
by Fostering Effective Technologies Act of 2002'' or the
``SAFETY Act''.
SEC. 862. ADMINISTRATION.
(a) In General.--The Secretary shall be responsible for the
administration of this subtitle.
(b) Designation of Qualified Anti-Terrorism Technologies.--
The Secretary may designate anti-terrorism technologies that
qualify for protection under the system of risk management
set forth in this subtitle in accordance with criteria that
shall include, but not be limited to, the following:
(1) Prior United States government use or demonstrated
substantial utility and effectiveness.
(2) Availability of the technology for immediate deployment
in public and private settings.
(3) Existence of extraordinarily large or extraordinarily
unquantifiable potential third party liability risk exposure
to the Seller or other provider of such anti-terrorism
technology.
(4) Substantial likelihood that such anti-terrorism
technology will not be deployed unless protections under the
system of risk management provided under this subtitle are
extended.
(5) Magnitude of risk exposure to the public if such anti-
terrorism technology is not deployed.
(6) Evaluation of all scientific studies that can be
feasibly conducted in order to assess the capability of the
technology to substantially reduce risks of harm.
(7) Anti-terrorism technology that would be effective in
facilitating the defense against acts of terrorism, including
technologies that prevent, defeat or respond to such acts.
(c) Regulations.--The Secretary may issue such regulations,
after notice and comment in accordance with section 553 of
title 5, United States, Code, as may be necessary to carry
out this subtitle.
SEC. 863. LITIGATION MANAGEMENT.
(a) Federal Cause of Action.--
(1) In general.--There shall exist a Federal cause of
action for claims arising out of, relating to, or resulting
from an act of terrorism when qualified anti-terrorism
technologies have been deployed in defense against or
response or recovery from such act and such claims result or
may result in loss to the Seller. The substantive law for
decision in any such action shall be derived from the law,
including choice of law principles, of the State in which
such acts of terrorism occurred, unless such law is
inconsistent with or preempted by Federal law. Such Federal
cause of action shall be brought only for claims for injuries
that are proximately caused by sellers that provide qualified
anti-terrorism technology to Federal and non-Federal
government customers.
(2) Jurisdiction.--Such appropriate district court of the
United States shall have original and exclusive jurisdiction
over all actions for any claim for loss of property, personal
injury, or death arising out of, relating to, or resulting
from an act of terrorism when qualified anti-terrorism
technologies have been deployed in defense against or
response or recovery from such act and such claims result or
may result in loss to the Seller.
(b) Special Rules.--In an action brought under this section
for damages the following provisions apply:
(1) Punitive damages.--No punitive damages intended to
punish or deter, exemplary damages, or other damages not
intended to compensate a plaintiff for actual losses may be
awarded, nor shall any party be liable for interest prior to
the judgment.
(2) Noneconomic damages.--
(A) In general.--Noneconomic damages may be awarded against
a defendant only in an amount directly proportional to the
percentage of responsibility of such defendant for the harm
to the plaintiff, and no plaintiff may recover noneconomic
damages unless the plaintiff suffered physical harm.
(B) Definition.--For purposes of subparagraph (A), the term
``noneconomic damages'' means damages for losses for physical
and emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment
of life, loss of society and companionship, loss of
consortium, hedonic damages, injury to reputation, and any
other nonpecuniary losses.
(c) Collateral Sources.--Any recovery by a plaintiff in an
action under this section shall be reduced by the amount of
collateral source compensation, if any, that the plaintiff
has received or is entitled to receive as a result of such
acts of terrorism that result or may result in loss to the
Seller.
(d) Government Contractor Defense.--
(1) In general.--Should a product liability or other
lawsuit be filed for claims arising out of, relating to, or
resulting from an act of terrorism when qualified anti-
terrorism technologies approved by the Secretary, as provided
in paragraphs (2) and (3) of this subsection, have been
deployed in defense against or response or recovery from such
act and such claims result or may result in loss to the
Seller, there shall be a rebuttable presumption that the
government contractor defense applies in such lawsuit. This
presumption shall only be overcome by evidence showing that
the Seller acted fraudulently or with willful misconduct in
submitting information to the Secretary during the course of
the Secretary's consideration of such
[[Page H8625]]
technology under this subsection. This presumption of the
government contractor defense shall apply regardless of
whether the claim against the Seller arises from a sale of
the product to Federal Government or non-Federal Government
customers.
(2) Exclusive responsibility.--The Secretary will be
exclusively responsible for the review and approval of anti-
terrorism technology for purposes of establishing a
government contractor defense in any product liability
lawsuit for claims arising out of, relating to, or resulting
from an act of terrorism when qualified anti-terrorism
technologies approved by the Secretary, as provided in this
paragraph and paragraph (3), have been deployed in defense
against or response or recovery from such act and such claims
result or may result in loss to the Seller. Upon the Seller's
submission to the Secretary for approval of anti-terrorism
technology, the Secretary will conduct a comprehensive review
of the design of such technology and determine whether it
will perform as intended, conforms to the Seller's
specifications, and is safe for use as intended. The Seller
will conduct safety and hazard analyses on such technology
and will supply the Secretary with all such information.
(3) Certificate.--For anti-terrorism technology reviewed
and approved by the Secretary, the Secretary will issue a
certificate of conformance to the Seller and place the anti-
terrorism technology on an Approved Product List for Homeland
Security.
(e) Exclusion.--Nothing in this section shall in any way
limit the ability of any person to seek any form of recovery
from any person, government, or other entity that--
(1) attempts to commit, knowingly participates in, aids and
abets, or commits any act of terrorism, or any criminal act
related to or resulting from such act of terrorism; or
(2) participates in a conspiracy to commit any such act of
terrorism or any such criminal act.
SEC. 864. RISK MANAGEMENT.
(a) In General.--
(1) Liability insurance required.--Any person or entity
that sells or otherwise provides a qualified anti-terrorism
technology to Federal and non-Federal government customers
(``Seller'') shall obtain liability insurance of such types
and in such amounts as shall be required in accordance with
this section and certified by the Secretary to satisfy
otherwise compensable third-party claims arising out of,
relating to, or resulting from an act of terrorism when
qualified anti-terrorism technologies have been deployed in
defense against or response or recovery from such act.
(2) Maximum amount.--For the total claims related to 1 such
act of terrorism, the Seller is not required to obtain
liability insurance of more than the maximum amount of
liability insurance reasonably available from private sources
on the world market at prices and terms that will not
unreasonably distort the sales price of Seller's anti-
terrorism technologies.
(3) Scope of coverage.--Liability insurance obtained
pursuant to this subsection shall, in addition to the Seller,
protect the following, to the extent of their potential
liability for involvement in the manufacture, qualification,
sale, use, or operation of qualified anti-terrorism
technologies deployed in defense against or response or
recovery from an act of terrorism:
(A) contractors, subcontractors, suppliers, vendors and
customers of the Seller.
(B) contractors, subcontractors, suppliers, and vendors of
the customer.
(4) Third party claims.--Such liability insurance under
this section shall provide coverage against third party
claims arising out of, relating to, or resulting from the
sale or use of anti-terrorism technologies.
(b) Reciprocal Waiver of Claims.--The Seller shall enter
into a reciprocal waiver of claims with its contractors,
subcontractors, suppliers, vendors and customers, and
contractors and subcontractors of the customers, involved in
the manufacture, sale, use or operation of qualified anti-
terrorism technologies, under which each party to the waiver
agrees to be responsible for losses, including business
interruption losses, that it sustains, or for losses
sustained by its own employees resulting from an activity
resulting from an act of terrorism when qualified anti-
terrorism technologies have been deployed in defense against
or response or recovery from such act.
(c) Extent of Liability.--Notwithstanding any other
provision of law, liability for all claims against a Seller
arising out of, relating to, or resulting from an act of
terrorism when qualified anti-terrorism technologies have
been deployed in defense against or response or recovery from
such act and such claims result or may result in loss to the
Seller, whether for compensatory or punitive damages or for
contribution or indemnity, shall not be in an amount greater
than the limits of liability insurance coverage required to
be maintained by the Seller under this section.
SEC. 865. DEFINITIONS.
For purposes of this subtitle, the following definitions
apply:
(1) Qualified anti-terrorism technology.--For purposes of
this subtitle, the term ``qualified anti-terrorism
technology'' means any product, equipment, service (including
support services), device, or technology (including
information technology) designed, developed, modified, or
procured for the specific purpose of preventing, detecting,
identifying, or deterring acts of terrorism or limiting the
harm such acts might otherwise cause, that is designated as
such by the Secretary.
(2) Act of terrorism.--(A) The term ``act of terrorism''
means any act that the Secretary determines meets the
requirements under subparagraph (B), as such requirements are
further defined and specified by the Secretary.
(B) Requirements.--An act meets the requirements of this
subparagraph if the act--
(i) is unlawful;
(ii) causes harm to a person, property, or entity, in the
United States, or in the case of a domestic United States air
carrier or a United States-flag vessel (or a vessel based
principally in the United States on which United States
income tax is paid and whose insurance coverage is subject to
regulation in the United States), in or outside the United
States; and
(iii) uses or attempts to use instrumentalities, weapons or
other methods designed or intended to cause mass destruction,
injury or other loss to citizens or institutions of the
United States.
(3) Insurance carrier.--The term ``insurance carrier''
means any corporation, association, society, order, firm,
company, mutual, partnership, individual aggregation of
individuals, or any other legal entity that provides
commercial property and casualty insurance. Such term
includes any affiliates of a commercial insurance carrier.
(4) Liability insurance.--
(A) In general.--The term ``liability insurance'' means
insurance for legal liabilities incurred by the insured
resulting from--
(i) loss of or damage to property of others;
(ii) ensuing loss of income or extra expense incurred
because of loss of or damage to property of others;
(iii) bodily injury (including) to persons other than the
insured or its employees; or
(iv) loss resulting from debt or default of another.
(5) Loss.--The term ``loss'' means death, bodily injury, or
loss of or damage to property, including business
interruption loss.
(6) Non-federal government customers.--The term ``non-
Federal Government customers'' means any customer of a Seller
that is not an agency or instrumentality of the United States
Government with authority under Public Law 85-804 to provide
for indemnification under certain circumstances for third-
party claims against its contractors, including but not
limited to State and local authorities and commercial
entities.
Subtitle H--Miscellaneous Provisions
SEC. 871. ADVISORY COMMITTEES.
(a) In General.--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.
(b) Termination.--Any advisory committee established by the
Secretary shall terminate 2 years after the date of its
establishment, unless the Secretary makes a written
determination to extend the advisory committee to a specified
date, which shall not be more than 2 years after the date on
which such determination is made. The Secretary may make any
number of subsequent extensions consistent with this
subsection.
SEC. 872. REORGANIZATION.
(a) Reorganization.--The Secretary may allocate or
reallocate functions among the officers of the Department,
and may establish, consolidate, alter, or discontinue
organizational units within the Department, but only--
(1) pursuant to section 1502(b); or
(2) after the expiration of 60 days after providing notice
of such action to the appropriate congressional committees,
which shall include an explanation of the rationale for the
action.
(b) Limitations.--
(1) In general.--Authority under subsection (a)(1) does not
extend to the abolition of any agency, entity, organizational
unit, program, or function established or required to be
maintained by this Act.
(2) Abolitions.--Authority under subsection (a)(2) does not
extend to the abolition of any agency, entity, organizational
unit, program, or function established or required to be
maintained by statute.
SEC. 873. USE OF APPROPRIATED FUNDS.
(a) 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.
[[Page H8626]]
(b) 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.
(c) 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. 874. 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. 875. MISCELLANEOUS AUTHORITIES.
(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. 876. MILITARY ACTIVITIES.
Nothing in this Act shall confer upon the Secretary any
authority to engage in warfighting, the military defense of
the United States, or other military activities, nor shall
anything in this Act limit the existing authority of the
Department of Defense or the Armed Forces to engage in
warfighting, the military defense of the United States, or
other military activities.
SEC. 877. REGULATORY AUTHORITY AND PREEMPTION.
(a) Regulatory Authority.--Except as otherwise provided in
sections 306(c), 862(c), and 1806(b), this Act vests no new
regulatory authority 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 may not be construed as altering or diminishing the
regulatory authority of any other executive agency, except to
the extent that this Act transfers such authority from the
agency.
(b) Preemption of State or Local Law.--Except as otherwise
provided in this Act, this Act preempts no State or local
law, except that any authority to preempt State or local law
vested in any Federal agency or official transferred to the
Department pursuant to this Act shall be transferred to the
Department effective on the date of the transfer to the
Department of that Federal agency or official.
SEC. 878. COUNTERNARCOTICS OFFICER.
The Secretary shall appoint a senior official in the
Department to assume primary responsibility for coordinating
policy and operations within the Department and between the
Department and other Federal departments and agencies with
respect to interdicting the entry of illegal drugs into the
United States, and tracking and severing connections between
illegal drug trafficking and terrorism. Such official shall--
(1) ensure the adequacy of resources within the Department
for illicit drug interdiction; and
(2) serve as the United States Interdiction Coordinator for
the Director of National Drug Control Policy.
SEC. 879. 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 a senior
official appointed by the Secretary.
(b) Duties of the Director.--The Director shall have the
following duties:
(1) To promote information and education exchange with
nations friendly to the United States in order to promote
sharing of best practices and technologies relating to
homeland security. Such exchange shall include the following:
(A) Exchange of information on research and development on
homeland security technologies.
(B) Joint training exercises of first responders.
(C) Exchange of expertise on terrorism prevention,
response, and crisis management.
(2) To identify areas for homeland security information and
training exchange where the United States has a demonstrated
weakness and another friendly nation or nations have a
demonstrated expertise.
(3) To plan and undertake international conferences,
exchange programs, and training activities.
(4) To manage international activities within the
Department in coordination with other Federal officials with
responsibility for counter-terrorism matters.
SEC. 880. PROHIBITION OF THE TERRORISM INFORMATION AND
PREVENTION SYSTEM.
Any and all activities of the Federal Government to
implement the proposed component program of the Citizen Corps
known as Operation TIPS (Terrorism Information and Prevention
System) are hereby prohibited.
SEC. 881. REVIEW OF PAY AND BENEFIT PLANS.
Notwithstanding any other provision of this Act, the
Secretary shall, in consultation with the Director of the
Office of Personnel Management, review the pay and benefit
plans of each agency whose functions are transferred under
this Act to the Department and, within 90 days after the date
of enactment, submit a plan to the President of the Senate
and the Speaker of the House of Representatives and the
appropriate committees and subcommittees of Congress, for
ensuring, to the maximum extent practicable, the elimination
of disparities in pay and benefits throughout the Department,
especially among law enforcement personnel, that are
inconsistent with merit system principles set forth in
section 2301 of title 5, United States Code.
SEC. 882. OFFICE FOR NATIONAL CAPITAL REGION COORDINATION.
(a) Establishment.--
(1) In general.--There is established within the Office of
the Secretary the Office of National Capital Region
Coordination, to oversee and coordinate Federal programs for
and relationships with State, local, and regional authorities
in the National Capital Region, as defined under section
2674(f)(2) of title 10, United States Code.
(2) Director.--The Office established under paragraph (1)
shall be headed by a Director, who shall be appointed by the
Secretary.
(3) Cooperation.--The Secretary shall cooperate with the
Mayor of the District of Columbia, the Governors of Maryland
and Virginia, and other State, local, and regional officers
in the National Capital Region to integrate the District of
Columbia, Maryland, and Virginia into the planning,
coordination, and execution of the activities of the Federal
Government for the enhancement of domestic preparedness
against the consequences of terrorist attacks.
(b) Responsibilities.--The Office established under
subsection (a)(1) shall--
(1) coordinate the activities of the Department relating to
the National Capital Region, including cooperation with the
Office for State and Local Government Coordination;
(2) assess, and advocate for, the resources needed by
State, local, and regional authorities in the National
Capital Region to implement efforts to secure the homeland;
(3) provide State, local, and regional authorities in the
National Capital Region with regular information, research,
and technical support to assist the efforts of State, local,
and regional authorities in the National Capital Region in
securing the homeland;
(4) develop a process for receiving meaningful input from
State, local, and regional authorities and the private sector
in the National Capital Region to assist in the development
of the homeland security plans and activities of the Federal
Government;
(5) coordinate with Federal agencies in the National
Capital Region on terrorism preparedness, to ensure adequate
planning, information sharing, training, and execution of the
Federal role in domestic preparedness activities;
(6) coordinate with Federal, State, local, and regional
agencies, and the private sector in the National Capital
Region on terrorism preparedness to ensure adequate planning,
information sharing, training, and execution of domestic
preparedness activities among these agencies and entities;
and
(7) serve as a liaison between the Federal Government and
State, local, and regional authorities, and private sector
entities in the National Capital Region to facilitate access
to Federal grants and other programs.
(c) Annual Report.--The Office established under subsection
(a) shall submit an annual report to Congress that includes--
(1) the identification of the resources required to fully
implement homeland security efforts in the National Capital
Region;
(2) an assessment of the progress made by the National
Capital Region in implementing homeland security efforts; and
(3) recommendations to Congress regarding the additional
resources needed to fully implement homeland security efforts
in the National Capital Region.
(d) Limitation.--Nothing contained in this section shall be
construed as limiting the power of State and local
governments.
[[Page H8627]]
SEC. 883. REQUIREMENT TO COMPLY WITH LAWS PROTECTING EQUAL
EMPLOYMENT OPPORTUNITY AND PROVIDING
WHISTLEBLOWER PROTECTIONS.
Nothing in this Act shall be construed as exempting the
Department from requirements applicable with respect to
executive agencies--
(1) to provide equal employment protection for employees of
the Department (including pursuant to the provisions in
section 2302(b)(1) of title 5, United States Code, and the
Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (Pub. L. 107-174)); or
(2) to provide whistleblower protections for employees of
the Department (including pursuant to the provisions in
section 2302(b)(8) and (9) of such title and the Notification
and Federal Employee Antidiscrimination and Retaliation Act
of 2002).
SEC. 884. FEDERAL LAW ENFORCEMENT TRAINING CENTER.
(a) In General.--The transfer of an authority or an agency
under this Act to the Department of Homeland Security does
not affect training agreements already entered into with the
Federal Law Enforcement Training Center with respect to the
training of personnel to carry out that authority or the
duties of that transferred agency.
(b) Continuity of Operations.--All activities of the
Federal Law Enforcement Training Center transferred to the
Department of Homeland Security under this Act shall continue
to be carried out at the locations such activities were
carried out before such transfer.
SEC. 885. JOINT INTERAGENCY TASK FORCE.
(a) Establishment.--The Secretary may establish and operate
a permanent Joint Interagency Homeland Security Task Force
composed of representatives from military and civilian
agencies of the United States Government for the purposes of
anticipating terrorist threats against the United States and
taking appropriate actions to prevent harm to the United
States.
(b) Structure.--It is the sense of Congress that the
Secretary should model the Joint Interagency Homeland
Security Task Force on the approach taken by the Joint
Interagency Task Forces for drug interdiction at Key West,
Florida and Alameda, California, to the maximum extent
feasible and appropriate.
SEC. 886. SENSE OF CONGRESS REAFFIRMING THE CONTINUED
IMPORTANCE AND APPLICABILITY OF THE POSSE
COMITATUS ACT.
(a) Findings.--Congress finds the following:
(1) Section 1385 of title 18, United States Code (commonly
known as the ``Posse Comitatus Act''), prohibits the use of
the Armed Forces as a posse comitatus to execute the laws
except in cases and under circumstances expressly authorized
by the Constitution or Act of Congress.
(2) Enacted in 1878, the Posse Comitatus Act was expressly
intended to prevent United States Marshals, on their own
initiative, from calling on the Army for assistance in
enforcing Federal law.
(3) The Posse Comitatus Act has served the Nation well in
limiting the use of the Armed Forces to enforce the law.
(4) Nevertheless, by its express terms, the Posse Comitatus
Act is not a complete barrier to the use of the Armed Forces
for a range of domestic purposes, including law enforcement
functions, when the use of the Armed Forces is authorized by
Act of Congress or the President determines that the use of
the Armed Forces is required to fulfill the President's
obligations under the Constitution to respond promptly in
time of war, insurrection, or other serious emergency.
(5) Existing laws, including chapter 15 of title 10, United
States Code (commonly known as the ``Insurrection Act''), and
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), grant the President
broad powers that may be invoked in the event of domestic
emergencies, including an attack against the Nation using
weapons of mass destruction, and these laws specifically
authorize the President to use the Armed Forces to help
restore public order.
(b) Sense of Congress.--Congress reaffirms the continued
importance of section 1385 of title 18, United States Code,
and it is the sense of Congress that nothing in this Act
should be construed to alter the applicability of such
section to any use of the Armed Forces as a posse comitatus
to execute the laws.
SEC. 887. 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 Department 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.
SEC. 888. 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 (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, and capabilities of the Coast Guard
to perform its missions shall be maintained intact and
without significant reduction after the transfer of the Coast
Guard to the Department, except as specified in subsequent
Acts.
(d) Certain Transfers Prohibited.--No mission, function, or
asset (including for purposes of this subsection any ship,
aircraft, or helicopter) of the Coast Guard may be diverted
to the principal and continuing use of any other
organization, unit, or entity of the Department, except for
details or assignments that do not reduce the Coast Guard's
capability to perform its missions.
(e) Changes to Missions.--
(1) Prohibition.--The Secretary may not substantially or
significantly reduce the missions of the Coast Guard or the
Coast Guard's capability to perform those missions, except as
specified in subsequent Acts.
(2) Waiver.--The Secretary may waive the restrictions under
paragraph (1) for a period of not to exceed 90 days upon a
declaration and certification by the Secretary to Congress
that a clear, compelling, and immediate need exists for 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 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 report under this paragraph shall be
submitted 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.
(i) Report on Accelerating the Integrated Deepwater
System.--Not later than 90 days after the date of enactment
of this Act, the Secretary, in consultation with the
Commandant of the Coast Guard, shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committees on
Appropriations of the Senate and the House of Representatives
that--
(1) analyzes the feasibility of accelerating the rate of
procurement in the Coast Guard's Integrated Deepwater System
from 20 years to 10 years;
(2) includes an estimate of additional resources required;
[[Page H8628]]
(3) describes the resulting increased capabilities;
(4) outlines any increases in the Coast Guard's homeland
security readiness;
(5) describes any increases in operational efficiencies;
and
(6) provides a revised asset phase-in time line.
SEC. 889. HOMELAND SECURITY FUNDING ANALYSIS IN PRESIDENT'S
BUDGET.
(a) In General.--Section 1105(a) of title 31, United States
Code, is amended by adding at the end the following:
``(33)(A)(i) a detailed, separate analysis, by budget
function, by agency, and by initiative area (as determined by
the administration) for the prior fiscal year, the current
fiscal year, the fiscal years for which the budget is
submitted, and the ensuing fiscal year identifying the
amounts of gross and net appropriations or obligational
authority and outlays that contribute to homeland
security, with separate displays for mandatory and
discretionary amounts, including--
``(I) summaries of the total amount of such appropriations
or new obligational authority and outlays requested for
homeland security;
``(II) an estimate of the current service levels of
homeland security spending;
``(III) the most recent risk assessment and summary of
homeland security needs in each initiative area (as
determined by the administration); and
``(IV) an estimate of user fees collected by the Federal
Government on behalf of homeland security activities;
``(ii) with respect to subclauses (I) through (IV) of
clause (i), amounts shall be provided by account for each
program, project and activity; and
``(iii) an estimate of expenditures for homeland security
activities by State and local governments and the private
sector for the prior fiscal year and the current fiscal year.
``(B) In this paragraph, consistent with the Office of
Management and Budget's June 2002 `Annual Report to Congress
on Combatting Terrorism', the term `homeland security' refers
to those activities that detect, deter, protect against, and
respond to terrorist attacks occurring within the United
States and its territories.
``(C) In implementing this paragraph, including determining
what Federal activities or accounts constitute homeland
security for purposes of budgetary classification, the Office
of Management and Budget is directed to consult periodically,
but at least annually, with the House and Senate Budget
Committees, the House and Senate Appropriations Committees,
and the Congressional Budget Office.''.
(b) Repeal of Duplicative Reports.--The following sections
are repealed:
(1) Section 1051 of Public Law 105-85.
(2) Section 1403 of Public Law 105-261.
(c) Effective Date.--This section and the amendment made by
this section shall apply beginning with respect to the fiscal
year 2005 budget submission.
SEC. 890. AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION
ACT.
The Air Transportation Safety and System Stabilization Act
(49 U.S.C. 40101 note) is amended--
(1) in section 408 by striking the last sentence of
subsection (c); and
(2) in section 402 by striking paragraph (1) and inserting
the following:
``(1) Air carrier.--The term `air carrier' means a citizen
of the United States undertaking by any means, directly or
indirectly, to provide air transportation and includes
employees and agents (including persons engaged in the
business of providing air transportation security and their
affiliates) of such citizen. For purposes of the preceding
sentence, the term `agent', as applied to persons engaged in
the business of providing air transportation security, shall
only include persons that have contracted directly with the
Federal Aviation Administration on or after and commenced
services no later than February 17, 2002, to provide such
security, and had not been or are not debarred for any period
within 6 months from that date.''.
Subtitle I--Information Sharing
SEC. 891. SHORT TITLE; FINDINGS; AND SENSE OF CONGRESS.
(a) Short Title.--This subtitle may be cited as the
``Homeland Security Information Sharing Act''.
(b) Findings.--Congress finds the following:
(1) The Federal Government is required by the Constitution
to provide for the common defense, which includes terrorist
attack.
(2) The Federal Government relies on State and local
personnel to protect against terrorist attack.
(3) The Federal Government collects, creates, manages, and
protects classified and sensitive but unclassified
information to enhance homeland security.
(4) Some homeland security information is needed by the
State and local personnel to prevent and prepare for
terrorist attack.
(5) The needs of State and local personnel to have access
to relevant homeland security information to combat terrorism
must be reconciled with the need to preserve the protected
status of such information and to protect the sources and
methods used to acquire such information.
(6) Granting security clearances to certain State and local
personnel is one way to facilitate the sharing of information
regarding specific terrorist threats among Federal, State,
and local levels of government.
(7) Methods exist to declassify, redact, or otherwise adapt
classified information so it may be shared with State and
local personnel without the need for granting additional
security clearances.
(8) State and local personnel have capabilities and
opportunities to gather information on suspicious activities
and terrorist threats not possessed by Federal agencies.
(9) The Federal Government and State and local governments
and agencies in other jurisdictions may benefit from such
information.
(10) Federal, State, and local governments and
intelligence, law enforcement, and other emergency
preparation and response agencies must act in partnership to
maximize the benefits of information gathering and analysis
to prevent and respond to terrorist attacks.
(11) Information systems, including the National Law
Enforcement Telecommunications System and the Terrorist
Threat Warning System, have been established for rapid
sharing of classified and sensitive but unclassified
information among Federal, State, and local entities.
(12) Increased efforts to share homeland security
information should avoid duplicating existing information
systems.
(c) Sense of Congress.--It is the sense of Congress that
Federal, State, and local entities should share homeland
security information to the maximum extent practicable, with
special emphasis on hard-to-reach urban and rural
communities.
SEC. 892. FACILITATING HOMELAND SECURITY INFORMATION SHARING
PROCEDURES.
(a) Procedures for Determining Extent of Sharing of
Homeland Security Information.--
(1) The President shall prescribe and implement procedures
under which relevant Federal agencies--
(A) share relevant and appropriate homeland security
information with other Federal agencies, including the
Department, and appropriate State and local personnel;
(B) identify and safeguard homeland security information
that is sensitive but unclassified; and
(C) to the extent such information is in classified form,
determine whether, how, and to what extent to remove
classified information, as appropriate, and with which such
personnel it may be shared after such information is removed.
(2) The President shall ensure that such procedures apply
to all agencies of the Federal Government.
(3) Such procedures shall not change the substantive
requirements for the classification and safeguarding of
classified information.
(4) Such procedures shall not change the requirements and
authorities to protect sources and methods.
(b) Procedures for Sharing of Homeland Security
Information.--
(1) Under procedures prescribed by the President, all
appropriate agencies, including the intelligence community,
shall, through information sharing systems, share homeland
security information with Federal agencies and appropriate
State and local personnel to the extent such information may
be shared, as determined in accordance with subsection (a),
together with assessments of the credibility of such
information.
(2) Each information sharing system through which
information is shared under paragraph (1) shall--
(A) have the capability to transmit unclassified or
classified information, though the procedures and recipients
for each capability may differ;
(B) have the capability to restrict delivery of information
to specified subgroups by geographic location, type of
organization, position of a recipient within an organization,
or a recipient's need to know such information;
(C) be configured to allow the efficient and effective
sharing of information; and
(D) be accessible to appropriate State and local personnel.
(3) The procedures prescribed under paragraph (1) shall
establish conditions on the use of information shared under
paragraph (1)--
(A) to limit the redissemination of such information to
ensure that such information is not used for an unauthorized
purpose;
(B) to ensure the security and confidentiality of such
information;
(C) to protect the constitutional and statutory rights of
any individuals who are subjects of such information; and
(D) to provide data integrity through the timely removal
and destruction of obsolete or erroneous names and
information.
(4) The procedures prescribed under paragraph (1) shall
ensure, to the greatest extent practicable, that the
information sharing system through which information is
shared under such paragraph include existing information
sharing systems, including, but not limited to, the National
Law Enforcement Telecommunications System, the Regional
Information Sharing System, and the Terrorist Threat Warning
System of the Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as determined by the
President, shall have access to each information sharing
system through which information is shared under paragraph
(1), and shall therefore have access to all information, as
appropriate, shared under such paragraph.
(6) The procedures prescribed under paragraph (1) shall
ensure that appropriate State and local personnel are
authorized to use such information sharing systems--
[[Page H8629]]
(A) to access information shared with such personnel; and
(B) to share, with others who have access to such
information sharing systems, the homeland security
information of their own jurisdictions, which shall be marked
appropriately as pertaining to potential terrorist activity.
(7) Under procedures prescribed jointly by the Director of
Central Intelligence and the Attorney General, each
appropriate Federal agency, as determined by the President,
shall review and assess the information shared under
paragraph (6) and integrate such information with existing
intelligence.
(c) Sharing of Classified Information and Sensitive but
Unclassified Information With State and Local Personnel.--
(1) The President shall prescribe procedures under which
Federal agencies may, to the extent the President considers
necessary, share with appropriate State and local personnel
homeland security information that remains classified or
otherwise protected after the determinations prescribed under
the procedures set forth in subsection (a).
(2) It is the sense of Congress that such procedures may
include 1 or more of the following means:
(A) Carrying out security clearance investigations with
respect to appropriate State and local personnel.
(B) With respect to information that is sensitive but
unclassified, entering into nondisclosure agreements with
appropriate State and local personnel.
(C) Increased use of information-sharing partnerships that
include appropriate State and local personnel, such as the
Joint Terrorism Task Forces of the Federal Bureau of
Investigation, the Anti-Terrorism Task Forces of the
Department of Justice, and regional Terrorism Early Warning
Groups.
(d) Responsible Officials.--For each affected Federal
agency, the head of such agency shall designate an official
to administer this Act with respect to such agency.
(e) Federal Control of Information.--Under procedures
prescribed under this section, information obtained by a
State or local government from a Federal agency under this
section shall remain under the control of the Federal agency,
and a State or local law authorizing or requiring such a
government to disclose information shall not apply to such
information.
(f) Definitions.--As used in this section:
(1) The term ``homeland security information'' means any
information possessed by a Federal, State, or local agency
that--
(A) relates to the threat of terrorist activity;
(B) relates to the ability to prevent, interdict, or
disrupt terrorist activity;
(C) would improve the identification or investigation of a
suspected terrorist or terrorist organization; or
(D) would improve the response to a terrorist act.
(2) The term ``intelligence community'' has the meaning
given such term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 401a(4)).
(3) The term ``State and local personnel'' means any of the
following persons involved in prevention, preparation, or
response for terrorist attack:
(A) State Governors, mayors, and other locally elected
officials.
(B) State and local law enforcement personnel and
firefighters.
(C) Public health and medical professionals.
(D) Regional, State, and local emergency management agency
personnel, including State adjutant generals.
(E) Other appropriate emergency response agency personnel.
(F) Employees of private-sector entities that affect
critical infrastructure, cyber, economic, or public health
security, as designated by the Federal government in
procedures developed pursuant to this section.
(4) The term ``State'' includes the District of Columbia
and any commonwealth, territory, or possession of the United
States.
(g) Construction.--Nothing in this Act shall be construed
as authorizing any department, bureau, agency, officer, or
employee of the Federal Government to request, receive, or
transmit to any other Government entity or personnel, or
transmit to any State or local entity or personnel otherwise
authorized by this Act to receive homeland security
information, any information collected by the Federal
Government solely for statistical purposes in violation of
any other provision of law relating to the confidentiality of
such information.
SEC. 893. REPORT.
(a) Report Required.--Not later than 12 months after the
date of the enactment of this Act, the President shall submit
to the congressional committees specified in subsection (b) a
report on the implementation of section 892. The report shall
include any recommendations for additional measures or
appropriation requests, beyond the requirements of section
892, to increase the effectiveness of sharing of information
between and among Federal, State, and local entities.
(b) Specified Congressional Committees.--The congressional
committees referred to in subsection (a) are the following
committees:
(1) The Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives.
(2) The Select Committee on Intelligence and the Committee
on the Judiciary of the Senate.
SEC. 894. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out section 892.
SEC. 895. AUTHORITY TO SHARE GRAND JURY INFORMATION.
Rule 6(e) of the Federal Rules of Criminal Procedure is
amended--
(1) in paragraph (2), by inserting ``, or of guidelines
jointly issued by the Attorney General and Director of
Central Intelligence pursuant to Rule 6,'' after ``Rule 6'';
and
(2) in paragraph (3)--
(A) in subparagraph (A)(ii), by inserting ``or of a foreign
government'' after ``(including personnel of a state or
subdivision of a state'';
(B) in subparagraph (C)(i)--
(i) in subclause (I), by inserting before the semicolon the
following: ``or, upon a request by an attorney for the
government, when sought by a foreign court or prosecutor for
use in an official criminal investigation'';
(ii) in subclause (IV)--
(I) by inserting ``or foreign'' after ``may disclose a
violation of State'';
(II) by inserting ``or of a foreign government'' after ``to
an appropriate official of a State or subdivision of a
State''; and
(III) by striking ``or'' at the end;
(iii) by striking the period at the end of subclause (V)
and inserting ``; or''; and
(iv) by adding at the end the following:
``(VI) when matters involve a threat of actual or potential
attack or other grave hostile acts of a foreign power or an
agent of a foreign power, domestic or international sabotage,
domestic or international terrorism, or clandestine
intelligence gathering activities by an intelligence service
or network of a foreign power or by an agent of a foreign
power, within the United States or elsewhere, to any
appropriate federal, state, local, or foreign government
official for the purpose of preventing or responding to such
a threat.''; and
(C) in subparagraph (C)(iii)--
(i) by striking ``Federal'';
(ii) by inserting ``or clause (i)(VI)'' after ``clause
(i)(V)''; and
(iii) by adding at the end the following: ``Any state,
local, or foreign official who receives information pursuant
to clause (i)(VI) shall use that information only consistent
with such guidelines as the Attorney General and Director of
Central Intelligence shall jointly issue.''.
SEC. 896. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL
INTERCEPTION INFORMATION.
Section 2517 of title 18, United States Code, is amended by
adding at the end the following:
``(7) Any investigative or law enforcement officer, or
other Federal official in carrying out official duties as
such Federal official, who by any means authorized by this
chapter, has obtained knowledge of the contents of any wire,
oral, or electronic communication, or evidence derived
therefrom, may disclose such contents or derivative evidence
to a foreign investigative or law enforcement officer to the
extent that such disclosure is appropriate to the proper
performance of the official duties of the officer making or
receiving the disclosure, and foreign investigative or law
enforcement officers may use or disclose such contents or
derivative evidence to the extent such use or disclosure is
appropriate to the proper performance of their official
duties.
``(8) Any investigative or law enforcement officer, or
other Federal official in carrying out official duties as
such Federal official, who by any means authorized by this
chapter, has obtained knowledge of the contents of any wire,
oral, or electronic communication, or evidence derived
therefrom, may disclose such contents or derivative evidence
to any appropriate Federal, State, local, or foreign
government official to the extent that such contents or
derivative evidence reveals a threat of actual or potential
attack or other grave hostile acts of a foreign power or an
agent of a foreign power, domestic or international sabotage,
domestic or international terrorism, or clandestine
intelligence gathering activities by an intelligence service
or network of a foreign power or by an agent of a foreign
power, within the United States or elsewhere, for the purpose
of preventing or responding to such a threat. Any official
who receives information pursuant to this provision may use
that information only as necessary in the conduct of that
person's official duties subject to any limitations on the
unauthorized disclosure of such information, and any State,
local, or foreign official who receives information pursuant
to this provision may use that information only consistent
with such guidelines as the Attorney General and Director of
Central Intelligence shall jointly issue.''.
SEC. 897. FOREIGN INTELLIGENCE INFORMATION.
(a) Dissemination Authorized.--Section 203(d)(1) of the
Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001 (Public Law 107-56; 50 U.S.C. 403-
5d) is amended by adding at the end the following:
``Consistent with the responsibility of the Director of
Central Intelligence to protect intelligence sources and
methods, and the responsibility of the Attorney General to
protect sensitive law enforcement information, it shall be
lawful for information revealing a threat of actual or
potential attack or other grave hostile acts of a foreign
power or an agent of a foreign power, domestic or
international sabotage, domestic or international terrorism,
or clandestine intelligence gathering
[[Page H8630]]
activities by an intelligence service or network of a foreign
power or by an agent of a foreign power, within the United
States or elsewhere, obtained as part of a criminal
investigation to be disclosed to any appropriate Federal,
State, local, or foreign government official for the purpose
of preventing or responding to such a threat. Any official
who receives information pursuant to this provision may use
that information only as necessary in the conduct of that
person's official duties subject to any limitations on the
unauthorized disclosure of such information, and any State,
local, or foreign official who receives information pursuant
to this provision may use that information only consistent
with such guidelines as the Attorney General and Director of
Central Intelligence shall jointly issue.''.
(b) Conforming Amendments.--Section 203(c) of that Act is
amended--
(1) by striking ``section 2517(6)'' and inserting
``paragraphs (6) and (8) of section 2517 of title 18, United
States Code,''; and
(2) by inserting ``and (VI)'' after ``Rule
6(e)(3)(C)(i)(V)''.
SEC. 898. INFORMATION ACQUIRED FROM AN ELECTRONIC
SURVEILLANCE.
Section 106(k)(1) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1806) is amended by inserting after
``law enforcement officers'' the following: ``or law
enforcement personnel of a State or political subdivision of
a State (including the chief executive officer of that State
or political subdivision who has the authority to appoint or
direct the chief law enforcement officer of that State or
political subdivision)''.
SEC. 899. INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.
Section 305(k)(1) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1825) is amended by inserting after
``law enforcement officers'' the following: ``or law
enforcement personnel of a State or political subdivision of
a State (including the chief executive officer of that State
or political subdivision who has the authority to appoint or
direct the chief law enforcement officer of that State or
political subdivision)''.
TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL
SEC. 901. NATIONAL HOMELAND SECURITY COUNCIL.
There is established within the Executive Office of the
President a council to be known as the ``Homeland Security
Council'' (in this title referred to as the ``Council'').
SEC. 902. FUNCTION.
The function of the Council shall be to advise the
President on homeland security matters.
SEC. 903. MEMBERSHIP.
The members of the Council shall be the following:
(1) The President.
(2) The Vice President.
(3) The Secretary of Homeland Security.
(4) The Attorney General.
(5) The Secretary of Defense.
(6) Such other individuals as may be designated by the
President.
SEC. 904. OTHER FUNCTIONS AND ACTIVITIES.
For the purpose of more effectively coordinating the
policies and functions of the United States Government
relating to homeland security, the Council shall--
(1) assess the objectives, commitments, and risks of the
United States in the interest of homeland security and to
make resulting recommendations to the President;
(2) oversee and review homeland security policies of the
Federal Government and to make resulting recommendations to
the President; and
(3) perform such other functions as the President may
direct.
SEC. 905. STAFF COMPOSITION.
The Council shall have a staff, the head of which shall be
a civilian Executive Secretary, who shall be appointed by the
President. The President is authorized to fix the pay of the
Executive Secretary at a rate not to exceed the rate of pay
payable to the Executive Secretary of the National Security
Council.
SEC. 906. RELATION TO THE NATIONAL SECURITY COUNCIL.
The President may convene joint meetings of the Homeland
Security Council and the National Security Council with
participation by members of either Council or as the
President may otherwise direct.
TITLE X--INFORMATION SECURITY
SEC. 1001. INFORMATION SECURITY.
(a) Short Title.--This title may be cited as the ``Federal
Information Security Management Act of 2002''.
(b) Information Security.--
(1) In general.--Subchapter II of chapter 35 of title 44,
United States Code, is amended to read as follows:
``SUBCHAPTER II--INFORMATION SECURITY
``Sec. 3531. Purposes
``The purposes of this subchapter are to--
``(1) provide a comprehensive framework for ensuring the
effectiveness of information security controls over
information resources that support Federal operations and
assets;
``(2) recognize the highly networked nature of the current
Federal computing environment and provide effective
governmentwide management and oversight of the related
information security risks, including coordination of
information security efforts throughout the civilian,
national security, and law enforcement communities;
``(3) provide for development and maintenance of minimum
controls required to protect Federal information and
information systems;
``(4) provide a mechanism for improved oversight of Federal
agency information security programs;
``(5) acknowledge that commercially developed information
security products offer advanced, dynamic, robust, and
effective information security solutions, reflecting market
solutions for the protection of critical information
infrastructures important to the national defense and
economic security of the nation that are designed, built, and
operated by the private sector; and
``(6) recognize that the selection of specific technical
hardware and software information security solutions should
be left to individual agencies from among commercially
developed products.''.
``Sec. 3532. Definitions
``(a) In General.--Except as provided under subsection (b),
the definitions under section 3502 shall apply to this
subchapter.
``(b) Additional Definitions.--As used in this subchapter--
``(1) the term `information security' means protecting
information and information systems from unauthorized access,
use, disclosure, disruption, modification, or destruction in
order to provide--
``(A) integrity, which means guarding against improper
information modification or destruction, and includes
ensuring information nonrepudiation and authenticity;
``(B) confidentiality, which means preserving authorized
restrictions on access and disclosure, including means for
protecting personal privacy and proprietary information;
``(C) availability, which means ensuring timely and
reliable access to and use of information; and
``(D) authentication, which means utilizing digital
credentials to assure the identity of users and validate
their access;
``(2) the term `national security system' means any
information system (including any telecommunications system)
used or operated by an agency or by a contractor of an
agency, or other organization on behalf of an agency, the
function, operation, or use of which--
``(A) involves intelligence activities;
``(B) involves cryptologic activities related to national
security;
``(C) involves command and control of military forces;
``(D) involves equipment that is an integral part of a
weapon or weapons system; or
``(E) is critical to the direct fulfillment of military or
intelligence missions provided that this definition does not
apply to a system that is used for routine administrative and
business applications (including payroll, finance, logistics,
and personnel management applications);
``(3) the term `information technology' has the meaning
given that term in section 11101 of title 40; and
``(4) the term `information system' means any equipment or
interconnected system or subsystems of equipment that is used
in the automatic acquisition, storage, manipulation,
management, movement, control, display, switching,
interchange, transmission, or reception of data or
information, and includes--
``(A) computers and computer networks;
``(B) ancillary equipment;
``(C) software, firmware, and related procedures;
``(D) services, including support services; and
``(E) related resources.''.
``Sec. 3533. Authority and functions of the Director
``(a) The Director shall oversee agency information
security policies and practices, by--
``(1) promulgating information security standards under
section 11331 of title 40;
``(2) overseeing the implementation of policies,
principles, standards, and guidelines on information
security;
``(3) requiring agencies, consistent with the standards
promulgated under such section 11331 and the requirements of
this subchapter, to identify and provide information security
protections commensurate with the risk and magnitude of the
harm resulting from the unauthorized access, use, disclosure,
disruption, modification, or destruction of--
``(A) information collected or maintained by or on behalf
of an agency; or
``(B) information systems used or operated by an agency or
by a contractor of an agency or other organization on behalf
of an agency;
``(4) coordinating the development of standards and
guidelines under section 20 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3) with agencies
and offices operating or exercising control of national
security systems (including the National Security Agency) to
assure, to the maximum extent feasible, that such standards
and guidelines are complementary with standards and
guidelines developed for national security systems;
``(5) overseeing agency compliance with the requirements of
this subchapter, including through any authorized action
under section 11303(b)(5) of title 40, to enforce
accountability for compliance with such requirements;
``(6) reviewing at least annually, and approving or
disapproving, agency information security programs required
under section 3534(b);
[[Page H8631]]
``(7) coordinating information security policies and
procedures with related information resources management
policies and procedures; and
``(8) reporting to Congress no later than March 1 of each
year on agency compliance with the requirements of this
subchapter, including--
``(A) a summary of the findings of evaluations required by
section 3535;
``(B) significant deficiencies in agency information
security practices;
``(C) planned remedial action to address such deficiencies;
and
``(D) a summary of, and the views of the Director on, the
report prepared by the National Institute of Standards and
Technology under section 20(e)(7) of the National Institute
of Standards and Technology Act (15 U.S.C. 278g-3).''.
``(b) Except for the authorities described in paragraphs
(4) and (7) of subsection (a), the authorities of the
Director under this section shall not apply to national
security systems.
``Sec. 3534. Federal agency responsibilities
``(a) The head of each agency shall--
``(1) be responsible for--
``(A) providing information security protections
commensurate with the risk and magnitude of the harm
resulting from unauthorized access, use, disclosure,
disruption, modification, or destruction of--
``(i) information collected or maintained by or on behalf
of the agency; and
``(ii) information systems used or operated by an agency or
by a contractor of an agency or other organization on behalf
of an agency;
``(B) complying with the requirements of this subchapter
and related policies, procedures, standards, and guidelines,
including--
``(i) information security standards promulgated by the
Director under section 11331 of title 40; and
``(ii) information security standards and guidelines for
national security systems issued in accordance with law and
as directed by the President; and
``(C) ensuring that information security management
processes are integrated with agency strategic and
operational planning processes;
``(2) ensure that senior agency officials provide
information security for the information and information
systems that support the operations and assets under their
control, including through--
``(A) assessing the risk and magnitude of the harm that
could result from the unauthorized access, use, disclosure,
disruption, modification, or destruction of such information
or information systems;
``(B) determining the levels of information security
appropriate to protect such information and information
systems in accordance with standards promulgated under
section 11331 of title 40 for information security
classifications and related requirements;
``(C) implementing policies and procedures to cost-
effectively reduce risks to an acceptable level; and
``(D) periodically testing and evaluating information
security controls and techniques to ensure that they are
effectively implemented;
``(3) delegate to the agency Chief Information Officer
established under section 3506 (or comparable official in an
agency not covered by such section) the authority to ensure
compliance with the requirements imposed on the agency under
this subchapter, including--
``(A) designating a senior agency information security
officer who shall--
``(i) carry out the Chief Information Officer's
responsibilities under this section;
``(ii) possess professional qualifications, including
training and experience, required to administer the functions
described under this section;
``(iii) have information security duties as that official's
primary duty; and
``(iv) head an office with the mission and resources to
assist in ensuring agency compliance with this section;
``(B) developing and maintaining an agencywide information
security program as required by subsection (b);
``(C) developing and maintaining information security
policies, procedures, and control techniques to address all
applicable requirements, including those issued under section
3533 of this title, and section 11331 of title 40;
``(D) training and overseeing personnel with significant
responsibilities for information security with respect to
such responsibilities; and
``(E) assisting senior agency officials concerning their
responsibilities under paragraph (2);
``(4) ensure that the agency has trained personnel
sufficient to assist the agency in complying with the
requirements of this subchapter and related policies,
procedures, standards, and guidelines; and
``(5) ensure that the agency Chief Information Officer, in
coordination with other senior agency officials, reports
annually to the agency head on the effectiveness of the
agency information security program, including progress of
remedial actions.
``(b) Each agency shall develop, document, and implement an
agencywide information security program, approved by the
Director under section 3533(a)(5), to provide information
security for the information and information systems that
support the operations and assets of the agency, including
those provided or managed by another agency, contractor, or
other source, that includes--
``(1) periodic assessments of the risk and magnitude of the
harm that could result from the unauthorized access, use,
disclosure, disruption, modification, or destruction of
information and information systems that support the
operations and assets of the agency;
``(2) policies and procedures that--
``(A) are based on the risk assessments required by
paragraph (1);
``(B) cost-effectively reduce information security risks to
an acceptable level;
``(C) ensure that information security is addressed
throughout the life cycle of each agency information system;
and
``(D) ensure compliance with--
``(i) the requirements of this subchapter;
``(ii) policies and procedures as may be prescribed by the
Director, and information security standards promulgated
under section 11331 of title 40;
``(iii) minimally acceptable system configuration
requirements, as determined by the agency; and
``(iv) any other applicable requirements, including
standards and guidelines for national security systems issued
in accordance with law and as directed by the President;
``(3) subordinate plans for providing adequate information
security for networks, facilities, and systems or groups of
information systems, as appropriate;
``(4) security awareness training to inform personnel,
including contractors and other users of information systems
that support the operations and assets of the agency, of--
``(A) information security risks associated with their
activities; and
``(B) their responsibilities in complying with agency
policies and procedures designed to reduce these risks;
``(5) periodic testing and evaluation of the effectiveness
of information security policies, procedures, and practices,
to be performed with a frequency depending on risk, but no
less than annually, of which such testing--
``(A) shall include testing of management, operational, and
technical controls of every information system identified in
the inventory required under section 3505(c); and
``(B) may include testing relied on in a evaluation under
section 3535;
``(6) a process for planning, implementing, evaluating, and
documenting remedial action to address any deficiencies in
the information security policies, procedures, and practices
of the agency;
``(7) procedures for detecting, reporting, and responding
to security incidents, including--
``(A) mitigating risks associated with such incidents
before substantial damage is done; and
``(B) notifying and consulting with, as appropriate--
``(i) law enforcement agencies and relevant Offices of
Inspector General;
``(ii) an office designated by the President for any
incident involving a national security system; and
``(iii) any other agency or office, in accordance with law
or as directed by the President; and
``(8) plans and procedures to ensure continuity of
operations for information systems that support the
operations and assets of the agency.
``(c) Each agency shall--
``(1) report annually to the Director, the Committees on
Government Reform and Science of the House of
Representatives, the Committees on Governmental Affairs and
Commerce, Science, and Transportation of the Senate, the
appropriate authorization and appropriations committees of
Congress, and the Comptroller General on the adequacy and
effectiveness of information security policies, procedures,
and practices, and compliance with the requirements of this
subchapter, including compliance with each requirement of
subsection (b);
``(2) address the adequacy and effectiveness of information
security policies, procedures, and practices in plans and
reports relating to--
``(A) annual agency budgets;
``(B) information resources management under subchapter 1
of this chapter;
``(C) information technology management under subtitle III
of title 40;
``(D) program performance under sections 1105 and 1115
through 1119 of title 31, and sections 2801 and 2805 of title
39;
``(E) financial management under chapter 9 of title 31, and
the Chief Financial Officers Act of 1990 (31 U.S.C. 501 note;
Public Law 101-576) (and the amendments made by that Act);
``(F) financial management systems under the Federal
Financial Management Improvement Act (31 U.S.C. 3512 note);
and
``(G) internal accounting and administrative controls under
section 3512 of title 31, United States Code, (known as the
`Federal Managers Financial Integrity Act'); and
``(3) report any significant deficiency in a policy,
procedure, or practice identified under paragraph (1) or
(2)--
``(A) as a material weakness in reporting under section
3512 of title 31; and
``(B) if relating to financial management systems, as an
instance of a lack of substantial compliance under the
Federal Financial Management Improvement Act (31 U.S.C. 3512
note).
``(d)(1) In addition to the requirements of subsection (c),
each agency, in consultation with the Director, shall include
as part of the performance plan required under section 1115
of title 31 a description of--
``(A) the time periods, and
[[Page H8632]]
``(B) the resources, including budget, staffing, and
training,
that are necessary to implement the program required under
subsection (b).
``(2) The description under paragraph (1) shall be based on
the risk assessments required under subsection (b)(2)(1).
``(e) Each agency shall provide the public with timely
notice and opportunities for comment on proposed information
security policies and procedures to the extent that such
policies and procedures affect communication with the public.
``Sec. 3535. Annual independent evaluation
``(a)(1) Each year each agency shall have performed an
independent evaluation of the information security program
and practices of that agency to determine the effectiveness
of such program and practices.
``(2) Each evaluation by an agency under this section shall
include--
``(A) testing of the effectiveness of information security
policies, procedures, and practices of a representative
subset of the agency's information systems;
``(B) an assessment (made on the basis of the results of
the testing) of compliance with--
``(i) the requirements of this subchapter; and
``(ii) related information security policies, procedures,
standards, and guidelines; and
``(C) separate presentations, as appropriate, regarding
information security relating to national security systems.
``(b) Subject to subsection (c)--
``(1) for each agency with an Inspector General appointed
under the Inspector General Act of 1978, the annual
evaluation required by this section shall be performed by the
Inspector General or by an independent external auditor, as
determined by the Inspector General of the agency; and
``(2) for each agency to which paragraph (1) does not
apply, the head of the agency shall engage an independent
external auditor to perform the evaluation.
``(c) For each agency operating or exercising control of a
national security system, that portion of the evaluation
required by this section directly relating to a national
security system shall be performed--
``(1) only by an entity designated by the agency head; and
``(2) in such a manner as to ensure appropriate protection
for information associated with any information security
vulnerability in such system commensurate with the risk and
in accordance with all applicable laws.
``(d) The evaluation required by this section--
``(1) shall be performed in accordance with generally
accepted government auditing standards; and
``(2) may be based in whole or in part on an audit,
evaluation, or report relating to programs or practices of
the applicable agency.
``(e) Each year, not later than such date established by
the Director, the head of each agency shall submit to the
Director the results of the evaluation required under this
section.
``(f) Agencies and evaluators shall take appropriate steps
to ensure the protection of information which, if disclosed,
may adversely affect information security. Such protections
shall be commensurate with the risk and comply with all
applicable laws and regulations.
``(g)(1) The Director shall summarize the results of the
evaluations conducted under this section in the report to
Congress required under section 3533(a)(8).
``(2) The Director's report to Congress under this
subsection shall summarize information regarding information
security relating to national security systems in such a
manner as to ensure appropriate protection for information
associated with any information security vulnerability in
such system commensurate with the risk and in accordance with
all applicable laws.
``(3) Evaluations and any other descriptions of information
systems under the authority and control of the Director of
Central Intelligence or of National Foreign Intelligence
Programs systems under the authority and control of the
Secretary of Defense shall be made available to Congress only
through the appropriate oversight committees of Congress, in
accordance with applicable laws.
``(h) The Comptroller General shall periodically evaluate
and report to Congress on--
``(1) the adequacy and effectiveness of agency information
security policies and practices; and
``(2) implementation of the requirements of this
subchapter.
``Sec. 3536. National security systems
``The head of each agency operating or exercising control
of a national security system shall be responsible for
ensuring that the agency--
``(1) provides information security protections
commensurate with the risk and magnitude of the harm
resulting from the unauthorized access, use, disclosure,
disruption, modification, or destruction of the information
contained in such system;
``(2) implements information security policies and
practices as required by standards and guidelines for
national security systems, issued in accordance with law and
as directed by the President; and
``(3) complies with the requirements of this subchapter.
``Sec. 3537. Authorization of appropriations
``There are authorized to be appropriated to carry out the
provisions of this subchapter such sums as may be necessary
for each of fiscal years 2003 through 2007.
``Sec. 3538. Effect on existing law
``Nothing in this subchapter, section 11331 of title 40, or
section 20 of the National Standards and Technology Act (15
U.S.C. 278g-3) may be construed as affecting the authority of
the President, the Office of Management and Budget or the
Director thereof, the National Institute of Standards and
Technology, or the head of any agency, with respect to the
authorized use or disclosure of information, including with
regard to the protection of personal privacy under section
552a of title 5, the disclosure of information under section
552 of title 5, the management and disposition of records
under chapters 29, 31, or 33 of title 44, the management of
information resources under subchapter I of chapter 35 of
this title, or the disclosure of information to Congress or
the Comptroller General of the United States.''.
(2) Clerical amendment.--The items in the table of sections
at the beginning of such chapter 35 under the heading
``SUBCHAPTER II'' are amended to read as follows:
``3531. Purposes.
``3532. Definitions.
``3533. Authority and functions of the Director.
``3534. Federal agency responsibilities.
``3535. Annual independent evaluation.
``3536. National security systems.
``3537. Authorization of appropriations.
``3538. Effect on existing law.''.
(c) Information Security Responsibilities of Certain
Agencies.--
(1) National security responsibilities.--(A) Nothing in
this Act (including any amendment made by this Act) shall
supersede any authority of the Secretary of Defense, the
Director of Central Intelligence, or other agency head, as
authorized by law and as directed by the President, with
regard to the operation, control, or management of national
security systems, as defined by section 3532(3) of title 44,
United States Code.
(B) Section 2224 of title 10, United States Code, is
amended--
(i) in subsection 2224(b), by striking ``(b) Objectives and
Minimum Requirements.--(1)'' and inserting ``(b) Objectives
of the Program.--'';
(ii) in subsection 2224(b), by striking ``(2) the program
shall at a minimum meet the requirements of section 3534 and
3535 of title 44, United States Code.''; and
(iii) in subsection 2224(c), by inserting ``, including
through compliance with subtitle II of chapter 35 of title
44'' after ``infrastructure''.
(2) Atomic energy act of 1954.--Nothing in this Act shall
supersede any requirement made by or under the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.). Restricted Data or
Formerly Restricted Data shall be handled, protected,
classified, downgraded, and declassified in conformity with
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
SEC. 1002. MANAGEMENT OF INFORMATION TECHNOLOGY.
(a) In General.--Section 11331 of title 40, United States
Code, is amended to read as follows:
``Sec. 11331. Responsibilities for Federal information
systems standards
``(a) Definition.--In this section, the term `information
security' has the meaning given that term in section
3532(b)(1) of title 44.
``(b) Requirement to Prescribe Standards.--
``(1) In general.--
``(A) Requirement.--Except as provided under paragraph (2),
the Director of the Office of Management and Budget shall, on
the basis of proposed standards developed by the National
Institute of Standards and Technology pursuant to paragraphs
(2) and (3) of section 20(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3(a)) and in
consultation with the Secretary of Homeland Security,
promulgate information security standards pertaining to
Federal information systems.
``(B) Required standards.--Standards promulgated under
subparagraph (A) shall include--
``(i) standards that provide minimum information security
requirements as determined under section 20(b) of the
National Institute of Standards and Technology Act (15 U.S.C.
278g-3(b)); and
``(ii) such standards that are otherwise necessary to
improve the efficiency of operation or security of Federal
information systems.
``(C) Required standards binding.--Information security
standards described under subparagraph (B) shall be
compulsory and binding.
``(2) Standards and guidelines for national security
systems.--Standards and guidelines for national security
systems, as defined under section 3532(3) of title 44, shall
be developed, promulgated, enforced, and overseen as
otherwise authorized by law and as directed by the President.
``(c) Application of More Stringent Standards.--The head of
an agency may employ standards for the cost-effective
information security for all operations and assets within or
under the supervision of that agency that are more stringent
than the standards promulgated by the Director under this
section, if such standards--
``(1) contain, at a minimum, the provisions of those
applicable standards made compulsory and binding by the
Director; and
[[Page H8633]]
``(2) are otherwise consistent with policies and guidelines
issued under section 3533 of title 44.
``(d) Requirements Regarding Decisions by Director.--
``(1) Deadline.--The decision regarding the promulgation of
any standard by the Director under subsection (b) shall occur
not later than 6 months after the submission of the proposed
standard to the Director by the National Institute of
Standards and Technology, as provided under section 20 of the
National Institute of Standards and Technology Act (15 U.S.C.
278g-3).
``(2) Notice and comment.--A decision by the Director to
significantly modify, or not promulgate, a proposed standard
submitted to the Director by the National Institute of
Standards and Technology, as provided under section 20 of the
National Institute of Standards and Technology Act (15 U.S.C.
278g-3), shall be made after the public is given an
opportunity to comment on the Director's proposed
decision.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 113 of title 40, United States Code, is
amended by striking the item relating to section 11331 and
inserting the following:
``11331. Responsibilities for Federal information systems standards.''.
SEC. 1003. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
Section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3), is amended by striking the
text and inserting the following:
``(a) The Institute shall--
``(1) have the mission of developing standards, guidelines,
and associated methods and techniques for information
systems;
``(2) develop standards and guidelines, including minimum
requirements, for information systems used or operated by an
agency or by a contractor of an agency or other organization
on behalf of an agency, other than national security systems
(as defined in section 3532(b)(2) of title 44, United States
Code);
``(3) develop standards and guidelines, including minimum
requirements, for providing adequate information security for
all agency operations and assets, but such standards and
guidelines shall not apply to national security systems; and
``(4) carry out the responsibilities described in paragraph
(3) through the Computer Security Division.
``(b) The standards and guidelines required by subsection
(a) shall include, at a minimum--
``(1)(A) standards to be used by all agencies to categorize
all information and information systems collected or
maintained by or on behalf of each agency based on the
objectives of providing appropriate levels of information
security according to a range of risk levels;
``(B) guidelines recommending the types of information and
information systems to be included in each such category; and
``(C) minimum information security requirements for
information and information systems in each such category;
``(2) a definition of and guidelines concerning detection
and handling of information security incidents; and
``(3) guidelines developed in coordination with the
National Security Agency for identifying an information
system as a national security system consistent with
applicable requirements for national security systems, issued
in accordance with law and as directed by the President.
``(c) In developing standards and guidelines required by
subsections (a) and (b), the Institute shall--
``(1) consult with other agencies and offices (including,
but not limited to, the Director of the Office of Management
and Budget, the Departments of Defense and Energy, the
National Security Agency, the General Accounting Office, and
the Secretary of Homeland Security) to assure--
``(A) use of appropriate information security policies,
procedures, and techniques, in order to improve information
security and avoid unnecessary and costly duplication of
effort; and
``(B) that such standards and guidelines are complementary
with standards and guidelines employed for the protection of
national security systems and information contained in such
systems;
``(2) provide the public with an opportunity to comment on
proposed standards and guidelines;
``(3) submit to the Director of the Office of Management
and Budget for promulgation under section 11331 of title 40,
United States Code--
``(A) standards, as required under subsection (b)(1)(A), no
later than 12 months after the date of the enactment of this
section; and
``(B) minimum information security requirements for each
category, as required under subsection (b)(1)(C), no later
than 36 months after the date of the enactment of this
section;
``(4) issue guidelines as required under subsection
(b)(1)(B), no later than 18 months after the date of the
enactment of this Act;
``(5) ensure that such standards and guidelines do not
require specific technological solutions or products,
including any specific hardware or software security
solutions;
``(6) ensure that such standards and guidelines provide for
sufficient flexibility to permit alternative solutions to
provide equivalent levels of protection for identified
information security risks; and
``(7) use flexible, performance-based standards and
guidelines that, to the greatest extent possible, permit the
use of off-the-shelf commercially developed information
security products.
``(d) The Institute shall--
``(1) submit standards developed pursuant to subsection
(a), along with recommendations as to the extent to which
these should be made compulsory and binding, to the Director
of the Office of Management and Budget for promulgation under
section 11331 of title 40, United States Code;
``(2) provide assistance to agencies regarding--
``(A) compliance with the standards and guidelines
developed under subsection (a);
``(B) detecting and handling information security
incidents; and
``(C) information security policies, procedures, and
practices;
``(3) conduct research, as needed, to determine the nature
and extent of information security vulnerabilities and
techniques for providing cost-effective information security;
``(4) develop and periodically revise performance
indicators and measures for agency information security
policies and practices;
``(5) evaluate private sector information security policies
and practices and commercially available information
technologies to assess potential application by agencies to
strengthen information security;
``(6) evaluate security policies and practices developed
for national security systems to assess potential application
by agencies to strengthen information security;
``(7) periodically assess the effectiveness of standards
and guidelines developed under this section and undertake
revisions as appropriate;
``(8) solicit and consider the recommendations of the
Information Security and Privacy Advisory Board, established
by section 21, regarding standards and guidelines developed
under subsection (a) and submit such recommendations to the
Director of the Office of Management and Budget with such
standards submitted to the Director; and
``(9) prepare an annual public report on activities
undertaken in the previous year, and planned for the coming
year, to carry out responsibilities under this section.
``(e) As used in this section--
``(1) the term `agency' has the same meaning as provided in
section 3502(1) of title 44, United States Code;
``(2) the term `information security' has the same meaning
as provided in section 3532(1) of such title;
``(3) the term `information system' has the same meaning as
provided in section 3502(8) of such title;
``(4) the term `information technology' has the same
meaning as provided in section 11101 of title 40, United
States Code; and
``(5) the term `national security system' has the same
meaning as provided in section 3532(b)(2) of such title.''.
SEC. 1004. INFORMATION SECURITY AND PRIVACY ADVISORY BOARD.
Section 21 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-4), is amended--
(1) in subsection (a), by striking ``Computer System
Security and Privacy Advisory Board'' and inserting
``Information Security and Privacy Advisory Board'';
(2) in subsection (a)(1), by striking ``computer or
telecommunications'' and inserting ``information
technology'';
(3) in subsection (a)(2)--
(A) by striking ``computer or telecommunications
technology'' and inserting ``information technology''; and
(B) by striking ``computer or telecommunications
equipment'' and inserting ``information technology'';
(4) in subsection (a)(3)--
(A) by striking ``computer systems'' and inserting
``information system''; and
(B) by striking ``computer systems security'' and inserting
``information security'';
(5) in subsection (b)(1) by striking ``computer systems
security'' and inserting ``information security'';
(6) in subsection (b) by striking paragraph (2) and
inserting the following:
``(2) to advise the Institute and the Director of the
Office of Management and Budget on information security and
privacy issues pertaining to Federal Government information
systems, including through review of proposed standards and
guidelines developed under section 20; and'';
(7) in subsection (b)(3) by inserting ``annually'' after
``report'';
(8) by inserting after subsection (e) the following new
subsection:
``(f) The Board shall hold meetings at such locations and
at such time and place as determined by a majority of the
Board.'';
(9) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(10) by striking subsection (h), as redesignated by
paragraph (9), and inserting the following:
``(h) As used in this section, the terms ``information
system'' and ``information technology'' have the meanings
given in section 20.''.
SEC. 1005. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Federal Computer System Security Training and Plan.--
(1) Repeal.--Section 11332 of title 40, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 113 of
[[Page H8634]]
title 40, United States Code, as amended by striking the item
relating to section 11332.
(b) Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001.--The Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398)
is amended by striking subtitle G of title X (44 U.S.C. 3531
note).
(c) Paperwork Reduction Act.--(1) Section 3504(g) of title
44, United States Code, is amended--
(A) by adding ``and'' at the end of paragraph (1);
(B) in paragraph (2)--
(i) by striking ``sections 11331 and 11332(b) and (c) of
title 40'' and inserting ``section 11331 of title 40 and
subchapter II of this title''; and
(ii) by striking the semicolon and inserting a period; and
(C) by striking paragraph (3).
(2) Section 3505 of such title is amended by adding at the
end the following:
``(c) Inventory of Information Systems.--(1) The head of
each agency shall develop and maintain an inventory of the
information systems (including national security systems)
operated by or under the control of such agency;
``(2) The identification of information systems in an
inventory under this subsection shall include an
identification of the interfaces between each such system and
all other systems or networks, including those not operated
by or under the control of the agency;
``(3) Such inventory shall be--
``(A) updated at least annually;
``(B) made available to the Comptroller General; and
``(C) used to support information resources management,
including--
``(i) preparation and maintenance of the inventory of
information resources under section 3506(b)(4);
``(ii) information technology planning, budgeting,
acquisition, and management under section 3506(h), subtitle
III of title 40, and related laws and guidance;
``(iii) monitoring, testing, and evaluation of information
security controls under subchapter II;
``(iv) preparation of the index of major information
systems required under section 552(g) of title 5, United
States Code; and
``(v) preparation of information system inventories
required for records management under chapters 21, 29, 31,
and 33.
``(4) The Director shall issue guidance for and oversee the
implementation of the requirements of this subsection.''.
(3) Section 3506(g) of such title is amended--
(A) by adding ``and'' at the end of paragraph (1);
(B) in paragraph (2)--
(i) by striking ``section 11332 of title 40'' and inserting
``subchapter II of this chapter''; and
(ii) by striking ``; and'' and inserting a period; and
(C) by striking paragraph (3).
SEC. 1006. CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act,
affects the authority of the National Institute of Standards
and Technology or the Department of Commerce relating to the
development and promulgation of standards or guidelines under
paragraphs (1) and (2) of section 20(a) of the National
Institute of Standards and Technology Act (15 U.S.C. 278g-
3(a)).
TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS
Subtitle A--Executive Office for Immigration Review
SEC. 1101. 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 1102.
SEC. 1102. 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. 1103. 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 1102, 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.
Subtitle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to
the Department of Justice
SEC. 1111. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND
EXPLOSIVES.
(a) Establishment.--
(1) In general.--There is established within the Department
of Justice under the general authority of the Attorney
General the Bureau of Alcohol, Tobacco, Firearms, and
Explosives (in this section referred to as the ``Bureau'').
(2) Director.--There shall be at the head of the Bureau a
Director, Bureau of Alcohol, Tobacco, Firearms, and
Explosives (in this subtitle referred to as the
``Director''). The Director shall be appointed by the
Attorney General and shall perform such functions as the
Attorney General shall direct. The Director shall receive
compensation at the rate prescribed by law under section 5314
of title V, United States Code, for positions at level III of
the Executive Schedule.
(3) Coordination.--The Attorney General, acting through the
Director and such other officials of the Department of
Justice as the Attorney General may designate, shall provide
for the coordination of all firearms, explosives, tobacco
enforcement, and arson enforcement functions vested in the
Attorney General so as to assure maximum cooperation between
and among any officer, employee, or agency of the Department
of Justice involved in the performance of these and related
functions.
(4) Performance of transferred functions.--The Attorney
General may make such provisions as the Attorney General
determines appropriate to authorize the performance by any
officer, employee, or agency of the Department of Justice of
any function transferred to the Attorney General under this
section.
(b) Responsibilities.--Subject to the direction of the
Attorney General, the Bureau shall be responsible for
investigating--
(1) criminal and regulatory violations of the Federal
firearms, explosives, arson, alcohol, and tobacco smuggling
laws;
(2) the functions transferred by subsection (c); and
(3) any other function related to the investigation of
violent crime or domestic terrorism that is delegated to the
Bureau by the Attorney General.
(c) Transfer of Authorities, Functions, Personnel, and
Assets to the Department of Justice.--
(1) In general.--Subject to paragraph (2), but
notwithstanding any other provision of law, there are
transferred to the Department of Justice the authorities,
functions, personnel, and assets of the Bureau of Alcohol,
Tobacco and Firearms, which shall be maintained as a distinct
entity within the Department of Justice, including the
related functions of the Secretary of the Treasury.
(2) Administration and revenue collection functions.--There
shall be retained within the Department of the Treasury the
authorities, functions, personnel, and assets of the Bureau
of Alcohol, Tobacco and Firearms relating to the
administration and enforcement of chapters 51 and 52 of the
Internal Revenue Code of 1986, sections 4181 and 4182 of the
Internal Revenue Code of 1986, and title 27, United States
Code.
(3) Building prospectus.--Prospectus PDC-98W10, giving the
General Services Administration the authority for site
acquisition, design, and construction of a new headquarters
building for the Bureau of Alcohol, Tobacco and Firearms, is
transferred, and deemed to apply, to the Bureau of Alcohol,
Tobacco, Firearms, and Explosives established in the
Department of Justice under subsection (a).
(d) Tax and Trade Bureau.--
(1) Establishment.--There is established within the
Department of the Treasury the Tax and Trade Bureau.
(2) Administrator.--The Tax and Trade Bureau shall be
headed by an Administrator, who shall perform such duties as
assigned by the Under Secretary for Enforcement of the
Department of the Treasury. The Administrator shall occupy a
career-reserved position within the Senior Executive Service.
(3) Responsibilities.--The authorities, functions,
personnel, and assets of the Bureau of Alcohol, Tobacco and
Firearms that are not transferred to the Department of
Justice under this section shall be retained and administered
by the Tax and Trade Bureau.
SEC. 1112. TECHNICAL AND CONFORMING AMENDMENTS.
(a) The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in section 8D(b)(1) by striking ``Bureau of Alcohol,
Tobacco and Firearms'' and inserting ``Tax and Trade
Bureau''; and
(2) in section 9(a)(1)(L)(i), by striking ``Bureau of
Alcohol, Tobacco, and Firearms'' and inserting ``Tax and
Trade Bureau''.
(b) Section 1109(c)(2)(A)(i) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (7 U.S.C. 1445-
3(c)(2)(A)(i)) is amended by
[[Page H8635]]
striking ``(on ATF Form 3068) by manufacturers of tobacco
products to the Bureau of Alcohol, Tobacco and Firearms'' and
inserting ``by manufacturers of tobacco products to the Tax
and Trade Bureau''.
(c) Section 2(4)(J) of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (Public Law 107-173; 8 U.S.C.A.
1701(4)(J)) is amended by striking ``Bureau of Alcohol,
Tobacco, and Firearms'' and inserting ``Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Department of Justice''.
(d) Section 3(1)(E) of the Firefighters' Safety Study Act
(15 U.S.C. 2223b(1)(E)) is amended by striking ``the Bureau
of Alcohol, Tobacco, and Firearms,'' and inserting ``the
Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice,''.
(e) Chapter 40 of title 18, United States Code, is
amended--
(1) by striking section 841(k) and inserting the following:
``(k) `Attorney General' means the Attorney General of the
United States.'';
(2) in section 846(a), by striking ``the Attorney General
and the Federal Bureau of Investigation, together with the
Secretary'' and inserting ``the Federal Bureau of
Investigation, together with the Bureau of Alcohol, Tobacco,
Firearms, and Explosives''; and
(3) by striking ``Secretary'' each place it appears and
inserting ``Attorney General''.
(f) Chapter 44 of title 18, United States Code, is
amended--
(1) in section 921(a)(4)(B), by striking ``Secretary'' and
inserting ``Attorney General'';
(2) in section 921(a)(4), by striking ``Secretary of the
Treasury'' and inserting ``Attorney General'';
(3) in section 921(a), by striking paragraph (18) and
inserting the following:
``(18) The term `Attorney General' means the Attorney
General of the United States'';
(4) in section 922(p)(5)(A), by striking ``after
consultation with the Secretary'' and inserting ``after
consultation with the Attorney General'';
(5) in section 923(l), by striking ``Secretary of the
Treasury'' and inserting ``Attorney General''; and
(6) by striking ``Secretary'' each place it appears, except
before ``of the Army'' in section 921(a)(4) and before ``of
Defense'' in section 922(p)(5)(A), and inserting the term
``Attorney General''.
(g) Section 1261(a) of title 18, United States Code, is
amended to read as follows:
``(a) The Attorney General--
``(1) shall enforce the provisions of this chapter; and
``(2) has the authority to issue regulations to carry out
the provisions of this chapter.''.
(h) Section 1952(c) of title 18, United States Code, is
amended by striking ``Secretary of the Treasury'' and
inserting ``Attorney General''.
(i) Chapter 114 of title 18, United States Code, is
amended--
(1) by striking section 2341(5), and inserting the
following:
``(5) the term `Attorney General' means the Attorney
General of the United States''; and
(2) by striking ``Secretary'' each place it appears and
inserting ``Attorney General''.
(j) Section 6103(i)(8)(A)(i) of the Internal Revenue Code
of 1986 (relating to confidentiality and disclosure of
returns and return information) is amended by striking ``or
the Bureau of Alcohol, Tobacco and Firearms'' and inserting
``, the Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice, or the Tax and Trade Bureau,
Department of the Treasury,''.
(k) Section 7801(a) of the Internal Revenue Code of 1986
(relating to the authority of the Department of the Treasury)
is amended--
(1) by striking ``Secretary.--Except'' and inserting
``Secretary.--
``(1) In general.--Except''; and
(2) by adding at the end the following:
``(2) Administration and enforcement of certain provisions
by attorney general.--
``(A) In general.--The administration and enforcement of
the following provisions of this title shall be performed by
or under the supervision of the Attorney General; and the
term `Secretary' or `Secretary of the Treasury' shall, when
applied to those provisions, mean the Attorney General; and
the term `internal revenue officer' shall, when applied to
those provisions, mean any officer of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives so designated by the
Attorney General:
``(i) Chapter 53.
``(ii) Chapters 61 through 80, to the extent such chapters
relate to the enforcement and administration of the
provisions referred to in clause (i).
``(B) Use of existing rulings and interpretations.--Nothing
in this Act alters or repeals the rulings and interpretations
of the Bureau of Alcohol, Tobacco, and Firearms in effect on
the effective date of the Homeland Security Act of 2002,
which concern the provisions of this title referred to in
subparagraph (A). The Attorney General shall consult with the
Secretary to achieve uniformity and consistency in
administering provisions under chapter 53 of title 26, United
States Code.''.
(l) Section 2006(2) of title 28, United States Code, is
amended by inserting ``, the Director, Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Department of Justice,''
after ``the Secretary of the Treasury''.
(m) Section 713 of title 31, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 713. Audit of Internal Revenue Service, Tax and Trade
Bureau, and Bureau of Alcohol, Tobacco, Firearms, and
Explosives'';
(2) in subsection (a), by striking ``Bureau of Alcohol,
Tobacco, and Firearms,'' and inserting ``Tax and Trade
Bureau, Department of the Treasury, and the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, Department of
Justice''; and
(3) in subsection (b)
(A) in paragraph (1)(B), by striking ``or the Bureau'' and
inserting ``or either Bureau'';
(B) in paragraph (2)--
(i) by striking ``or the Bureau'' and inserting ``or either
Bureau''; and
(ii) by striking ``and the Director of the Bureau'' and
inserting ``the Tax and Trade Bureau, Department of the
Treasury, and the Director of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, Department of Justice''; and
(C) in paragraph (3), by striking ``or the Bureau'' and
inserting ``or either Bureau''.
(n) Section 9703 of title 31, United States Code, is
amended--
(1) in subsection (a)(2)(B)--
(A) in clause (iii)(III), by inserting ``and'' after the
semicolon;
(B) in clause (iv), by striking ``; and'' and inserting a
period; and
(C) by striking clause (v);
(2) by striking subsection (o);
(3) by redesignating existing subsection (p) as subsection
(o); and
(4) in subsection (o)(1), as redesignated by paragraph (3),
by striking ``Bureau of Alcohol, Tobacco and Firearms'' and
inserting ``Tax and Trade Bureau''.
(o) Section 609N(2)(L) of the Justice Assistance Act of
1984 (42 U.S.C. 10502(2)(L)) is amended by striking ``Bureau
of Alcohol, Tobacco, and Firearms'' and inserting ``Bureau of
Alcohol, Tobacco, Firearms, and Explosives, Department of
Justice''.
(p) Section 32401(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13921(a)) is amended--
(1) by striking ``Secretary of the Treasury'' each place it
appears and inserting ``Attorney General''; and
(2) in subparagraph (3)(B), by striking ``Bureau of
Alcohol, Tobacco and Firearms'' and inserting ``Bureau of
Alcohol, Tobacco, Firearms, and Explosives, Department of
Justice''.
(q) Section 80303 of title 49, United States Code, is
amended--
(1) by inserting ``or, when the violation of this chapter
involves contraband described in paragraph (2) or (5) of
section 80302(a), the Attorney General'' after ``section
80304 of this title.''; and
(2) by inserting ``, the Attorney General,'' after ``by the
Secretary''.
(r) Section 80304 of title 49, United States Code, is
amended--
(1) in subsection (a), by striking ``(b) and (c)'' and
inserting ``(b), (c), and (d)'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c), the following:
``(d) Attorney General.--The Attorney General, or officers,
employees, or agents of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, Department of Justice designated by
the Attorney General, shall carry out the laws referred to in
section 80306(b) of this title to the extent that the
violation of this chapter involves contraband described in
section 80302 (a)(2) or (a)(5).''.
(s) Section 103 of the Gun Control Act of 1968 (Public Law
90-618; 82 Stat. 1226) is amended by striking ``Secretary of
the Treasury'' and inserting ``Attorney General''.
SEC. 1113. POWERS OF AGENTS OF THE BUREAU OF ALCOHOL,
TOBACCO, FIREARMS, AND EXPLOSIVES.
Chapter 203 of title 18, United States Code, is amended by
adding the following:
``Sec. 3051. Powers of Special Agents of Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
``(a) Special agents of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, as well as any other investigator
or officer charged by the Attorney General with the duty of
enforcing any of the criminal, seizure, or forfeiture
provisions of the laws of the United States, may carry
firearms, serve warrants and subpoenas issued under the
authority of the United States and make arrests without
warrant for any offense against the United States committed
in their presence, or for any felony cognizable under the
laws of the United States if they have reasonable grounds to
believe that the person to be arrested has committed or is
committing such felony.
``(b) Any special agent of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives may, in respect to the performance
of his or her duties, make seizures of property subject to
forfeiture to the United States.
``(c)(1) Except as provided in paragraphs (2) and (3), and
except to the extent that such provisions conflict with the
provisions of section 983 of title 18, United States Code,
insofar as section 983 applies, the provisions of the Customs
laws relating to--
``(A) the seizure, summary and judicial forfeiture, and
condemnation of property;
``(B) the disposition of such property;
``(C) the remission or mitigation of such forfeiture; and
``(D) the compromise of claims,
shall apply to seizures and forfeitures incurred, or alleged
to have been incurred, under any applicable provision of law
enforced or administered by the Bureau of Alcohol, Tobacco,
Firearms, and Explosives.
[[Page H8636]]
``(2) For purposes of paragraph (1), duties that are
imposed upon a customs officer or any other person with
respect to the seizure and forfeiture of property under the
customs laws of the United States shall be performed with
respect to seizures and forfeitures of property under this
section by such officers, agents, or any other person as may
be authorized or designated for that purpose by the Attorney
General.
``(3) Notwithstanding any other provision of law, the
disposition of firearms forfeited by reason of a violation of
any law of the United States shall be governed by the
provisions of section 5872(b) of the Internal Revenue Code of
1986.''.
SEC. 1114. EXPLOSIVES TRAINING AND RESEARCH FACILITY.
(a) Establishment.--There is established within the Bureau
an Explosives Training and Research Facility at Fort AP Hill,
Fredericksburg, Virginia.
(b) Purpose.--The facility established under subsection (a)
shall be utilized to train Federal, State, and local law
enforcement officers to--
(1) investigate bombings and explosions;
(2) properly handle, utilize, and dispose of explosive
materials and devices;
(3) train canines on explosive detection; and
(4) conduct research on explosives.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to establish and maintain the
facility established under subsection (a).
(2) Availability of funds.--Any amounts appropriated
pursuant to paragraph (1) shall remain available until
expended.
SEC. 1115. PERSONNEL MANAGEMENT DEMONSTRATION PROJECT.
Notwithstanding any other provision of law, the Personnel
Management Demonstration Project established under section
102 of title I of Division C of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act for Fiscal Year
1999 (Pub. L. 105-277; 122 Stat. 2681-585) shall be
transferred to the Attorney General of the United States for
continued use by the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, Department of Justice, and the Secretary of
the Treasury for continued use by the Tax and Trade Bureau.
Subtitle C--Explosives
SEC. 1121. SHORT TITLE.
This subtitle may be referred to as the ``Safe Explosives
Act''.
SEC. 1122. PERMITS FOR PURCHASERS OF EXPLOSIVES.
(a) Definitions.--Section 841 of title 18, United States
Code, is amended--
(1) by striking subsection (j) and inserting the following:
``(j) `Permittee' means any user of explosives for a lawful
purpose, who has obtained either a user permit or a limited
permit under the provisions of this chapter.''; and
(2) by adding at the end the following:
``(r) `Alien' means any person who is not a citizen or
national of the United States.
``(s) `Responsible person' means an individual who has the
power to direct the management and policies of the applicant
pertaining to explosive materials.''.
(b) Permits for Purchase of Explosives.--Section 842 of
title 18, United States Code, is amended--
(1) in subsection (a)(2), by striking ``and'' at the end;
(2) by striking subsection (a)(3) and inserting the
following:
``(3) other than a licensee or permittee knowingly--
``(A) to transport, ship, cause to be transported, or
receive any explosive materials; or
``(B) to distribute explosive materials to any person other
than a licensee or permittee; or
``(4) who is a holder of a limited permit--
``(A) to transport, ship, cause to be transported, or
receive in interstate or foreign commerce any explosive
materials; or
``(B) to receive explosive materials from a licensee or
permittee, whose premises are located outside the State of
residence of the limited permit holder, or on more than 6
separate occasions, during the period of the permit, to
receive explosive materials from 1 or more licensees or
permittees whose premises are located within the State of
residence of the limited permit holder.''; and
(3) by striking subsection (b) and inserting the following:
``(b) It shall be unlawful for any licensee or permittee to
knowingly distribute any explosive materials to any person
other than--
``(1) a licensee;
``(2) a holder of a user permit; or
``(3) a holder of a limited permit who is a resident of the
State where distribution is made and in which the premises of
the transferor are located.''.
(c) Licenses and User Permits.--Section 843(a) of title 18,
United States Code, is amended--
(1) in the first sentence--
(A) by inserting ``or limited permit'' after ``user
permit''; and
(B) by inserting before the period at the end the
following: ``, including the names of and appropriate
identifying information regarding all employees who will be
authorized by the applicant to possess explosive materials,
as well as fingerprints and a photograph of each responsible
person'';
(2) in the second sentence, by striking ``$200 for each''
and inserting ``$50 for a limited permit and $200 for any
other''; and
(3) by striking the third sentence and inserting ``Each
license or user permit shall be valid for not longer than 3
years from the date of issuance and each limited permit shall
be valid for not longer than 1 year from the date of
issuance. Each license or permit shall be renewable upon the
same conditions and subject to the same restrictions as the
original license or permit, and upon payment of a renewal fee
not to exceed one-half of the original fee.''.
(d) Criteria for Approving Licenses and Permits.--Section
843(b) of title 18, United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) the applicant (or, if the applicant is a corporation,
partnership, or association, each responsible person with
respect to the applicant) is not a person described in
section 842(i);'';
(2) in paragraph (4)--
(A) by inserting ``(A) the Secretary verifies by inspection
or, if the application is for an original limited permit or
the first or second renewal of such a permit, by such other
means as the Secretary determines appropriate, that'' before
``the applicant''; and
(B) by adding at the end the following:
``(B) subparagraph (A) shall not apply to an applicant for
the renewal of a limited permit if the Secretary has
verified, by inspection within the preceding 3 years, the
matters described in subparagraph (A) with respect to the
applicant; and'';
(3) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(6) none of the employees of the applicant who will be
authorized by the applicant to possess explosive materials is
any person described in section 842(i); and
``(7) in the case of a limited permit, the applicant has
certified in writing that the applicant will not receive
explosive materials on more than 6 separate occasions during
the 12-month period for which the limited permit is valid.''.
(e) Application Approval.--Section 843(c) of title 18,
United States Code, is amended by striking ``forty-five
days'' and inserting ``90 days for licenses and permits,''.
(f) Inspection Authority.--Section 843(f) of title 18,
United States Code, is amended--
(1) in the first sentence--
(A) by striking ``permittees'' and inserting ``holders of
user permits''; and
(B) by inserting ``licensees and permittees'' before
``shall submit'';
(2) in the second sentence, by striking ``permittee'' the
first time it appears and inserting ``holder of a user
permit''; and
(3) by adding at the end the following: ``The Secretary may
inspect the places of storage for explosive materials of an
applicant for a limited permit or, at the time of renewal of
such permit, a holder of a limited permit, only as provided
in subsection (b)(4).
(g) Posting of Permits.--Section 843(g) of title 18, United
States Code, is amended by inserting ``user'' before
``permits''.
(h) Background Checks; Clearances.--Section 843 of title
18, United States Code, is amended by adding at the end the
following:
``(h)(1) If the Secretary receives, from an employer, the
name and other identifying information of a responsible
person or an employee who will be authorized by the employer
to possess explosive materials in the course of employment
with the employer, the Secretary shall determine whether the
responsible person or employee is one of the persons
described in any paragraph of section 842(i). In making the
determination, the Secretary may take into account a letter
or document issued under paragraph (2).
``(2)(A) If the Secretary determines that the responsible
person or the employee is not one of the persons described in
any paragraph of section 842(i), the Secretary shall notify
the employer in writing or electronically of the
determination and issue, to the responsible person or
employee, a letter of clearance, which confirms the
determination.
``(B) If the Secretary determines that the responsible
person or employee is one of the persons described in any
paragraph of section 842(i), the Secretary shall notify the
employer in writing or electronically of the determination
and issue to the responsible person or the employee, as the
case may be, a document that--
``(i) confirms the determination;
``(ii) explains the grounds for the determination;
``(iii) provides information on how the disability may be
relieved; and
``(iv) explains how the determination may be appealed.''.
(i) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect 180 days after the date of enactment of this Act.
(2) Exception.--Notwithstanding any provision of this Act,
a license or permit issued under section 843 of title 18,
United States Code, before the date of enactment of this Act,
shall remain valid until that license or permit is revoked
under section 843(d) or expires, or until a timely
application for renewal is acted upon.
SEC. 1123. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING
EXPLOSIVE MATERIALS.
(a) Distribution of Explosives.--Section 842(d) of title
18, United States Code, is amended--
(1) in paragraph (5), by striking ``or'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``or who has been committed to a mental
institution;''; and
[[Page H8637]]
(3) by adding at the end the following:
``(7) is an alien, other than an alien who--
``(A) is lawfully admitted for permanent residence (as
defined in section 101 (a)(20) of the Immigration and
Nationality Act); or
``(B) is in lawful nonimmigrant status, is a refugee
admitted under section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157), or is in asylum status under section 208
of the Immigration and Nationality Act (8 U.S.C. 1158), and--
``(i) is a foreign law enforcement officer of a friendly
foreign government, as determined by the Secretary in
consultation with the Secretary of State, entering the United
States on official law enforcement business, and the
shipping, transporting, possession, or receipt of explosive
materials is in furtherance of this official law enforcement
business;
``(ii) is a person having the power to direct or cause the
direction of the management and policies of a corporation,
partnership, or association licensed pursuant to section
843(a), and the shipping, transporting, possession, or
receipt of explosive materials is in furtherance of such
power;
``(iii) is a member of a North Atlantic Treaty Organization
(NATO) or other friendly foreign military force, as
determined by the Secretary in consultation with the
Secretary of Defense, (whether or not admitted in a
nonimmigrant status) who is present in the United States
under military orders for training or other military purpose
authorized by the United States, and the shipping,
transporting, possession, or receipt of explosive materials
is in furtherance of the military purpose; or
``(iv) is lawfully present in the United States in
cooperation with the Director of Central Intelligence, and
the shipment, transportation, receipt, or possession of the
explosive materials is in furtherance of such cooperation;
``(8) has been discharged from the armed forces under
dishonorable conditions;
``(9) having been a citizen of the United States, has
renounced the citizenship of that person.''.
(b) Possession of Explosive Materials.--Section 842(i) of
title 18, United States Code, is amended--
(1) in paragraph (3), by striking ``or'' at the end; and
(2) by inserting after paragraph (4) the following:
``(5) who is an alien, other than an alien who--
``(A) is lawfully admitted for permanent residence (as that
term is defined in section 101(a)(20) of the Immigration and
Nationality Act); or
``(B) is in lawful nonimmigrant status, is a refugee
admitted under section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157), or is in asylum status under section 208
of the Immigration and Nationality Act (8 U.S.C. 1158), and--
``(i) is a foreign law enforcement officer of a friendly
foreign government, as determined by the Secretary in
consultation with the Secretary of State, entering the United
States on official law enforcement business, and the
shipping, transporting, possession, or receipt of explosive
materials is in furtherance of this official law enforcement
business;
``(ii) is a person having the power to direct or cause the
direction of the management and policies of a corporation,
partnership, or association licensed pursuant to section
843(a), and the shipping, transporting, possession, or
receipt of explosive materials is in furtherance of such
power;
``(iii) is a member of a North Atlantic Treaty Organization
(NATO) or other friendly foreign military force, as
determined by the Secretary in consultation with the
Secretary of Defense, (whether or not admitted in a
nonimmigrant status) who is present in the United States
under military orders for training or other military purpose
authorized by the United States, and the shipping,
transporting, possession, or receipt of explosive materials
is in furtherance of the military purpose; or
``(iv) is lawfully present in the United States in
cooperation with the Director of Central Intelligence, and
the shipment, transportation, receipt, or possession of the
explosive materials is in furtherance of such cooperation;
``(6) who has been discharged from the armed forces under
dishonorable conditions;
``(7) who, having been a citizen of the United States, has
renounced the citizenship of that person''; and
(3) by inserting ``or affecting'' before ``interstate''
each place that term appears.
SEC. 1124. REQUIREMENT TO PROVIDE SAMPLES OF EXPLOSIVE
MATERIALS AND AMMONIUM NITRATE.
Section 843 of title 18, United States Code, as amended by
this Act, is amended by adding at the end the following:
``(i) Furnishing of Samples.--
``(1) In general.--Licensed manufacturers and licensed
importers and persons who manufacture or import explosive
materials or ammonium nitrate shall, when required by letter
issued by the Secretary, furnish--
``(A) samples of such explosive materials or ammonium
nitrate;
``(B) information on chemical composition of those
products; and
``(C) any other information that the Secretary determines
is relevant to the identification of the explosive materials
or to identification of the ammonium nitrate.
``(2) Reimbursement.--The Secretary shall, by regulation,
authorize reimbursement of the fair market value of samples
furnished pursuant to this subsection, as well as the
reasonable costs of shipment.''.
SEC. 1125. DESTRUCTION OF PROPERTY OF INSTITUTIONS RECEIVING
FEDERAL FINANCIAL ASSISTANCE.
Section 844(f)(1) of title 18, United States Code, is
amended by inserting before the word ``shall'' the following:
``or any institution or organization receiving Federal
financial assistance,''.
SEC. 1126. RELIEF FROM DISABILITIES.
Section 845(b) of title 18, United States Code, is amended
to read as follows:
``(b)(1) A person who is prohibited from shipping,
transporting, receiving, or possessing any explosive under
section 842(i) may apply to the Secretary for relief from
such prohibition.
``(2) The Secretary may grant the relief requested under
paragraph (1) if the Secretary determines that the
circumstances regarding the applicability of section 842(i),
and the applicant's record and reputation, are such that the
applicant will not be likely to act in a manner dangerous to
public safety and that the granting of such relief is not
contrary to the public interest.
``(3) A licensee or permittee who applies for relief, under
this subsection, from the disabilities incurred under this
chapter as a result of an indictment for or conviction of a
crime punishable by imprisonment for a term exceeding 1 year
shall not be barred by such disability from further
operations under the license or permit pending final action
on an application for relief filed pursuant to this
section.''.
SEC. 1127. THEFT REPORTING REQUIREMENT.
Section 844 of title 18, United States Code, is amended by
adding at the end the following:
``(p) Theft Reporting Requirement.--
``(1) In general.--A holder of a license or permit who
knows that explosive materials have been stolen from that
licensee or permittee, shall report the theft to the
Secretary not later than 24 hours after the discovery of the
theft.
``(2) Penalty.--A holder of a license or permit who does
not report a theft in accordance with paragraph (1), shall be
fined not more than $10,000, imprisoned not more than 5
years, or both.''.
SEC. 1128. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
necessary to carry out this subtitle and the amendments made
by this subtitle.
TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION
SEC. 1201. AIR CARRIER LIABILITY FOR THIRD PARTY CLAIMS
ARISING OUT OF ACTS OF TERRORISM.
Section 44303 of title 49, United States Code, is amended--
(1) by inserting ``(a) In general.--'' before ``The
Secretary of Transportation'';
(2) by moving the text of paragraph (2) of section 201(b)
of the Air Transportation Safety and System Stabilization Act
(115 Stat. 235) to the end and redesignating such paragraph
as subsection (b);
(3) in subsection (b) (as so redesignated)--
(A) by striking the subsection heading and inserting ``Air
Carrier Liability for Third Party Claims Arising Out of Acts
of Terrorism.--'';
(B) in the first sentence by striking ``the 180-day period
following the date of enactment of this Act, the Secretary of
Transportation'' and inserting ``the period beginning on
September 22, 2001, and ending on December 31, 2003, the
Secretary''; and
(C) in the last sentence by striking ``this paragraph'' and
inserting ``this subsection''.
SEC. 1202. EXTENSION OF INSURANCE POLICIES.
Section 44302 of title 49, United States Code, is amended
by adding at the end the following:
``(f) Extension of Policies.--
``(1) In general.--The Secretary shall extend through
August 31, 2003, and may extend through December 31, 2003,
the termination date of any insurance policy that the
Department of Transportation issued to an air carrier under
subsection (a) and that is in effect on the date of enactment
of this subsection on no less favorable terms to the air
carrier than existed on June 19, 2002; except that the
Secretary shall amend the insurance policy, subject to such
terms and conditions as the Secretary may prescribe, to add
coverage for losses or injuries to aircraft hulls,
passengers, and crew at the limits carried by air carriers
for such losses and injuries as of such date of enactment and
at an additional premium comparable to the premium charged
for third-party casualty coverage under such policy.
``(2) Special rules.--Notwithstanding paragraph (1)--
``(A) in no event shall the total premium paid by the air
carrier for the policy, as amended, be more than twice the
premium that the air carrier was paying to the Department of
Transportation for its third party policy as of June 19,
2002; and
``(B) the coverage in such policy shall begin with the
first dollar of any covered loss that is incurred.''.
SEC. 1203. CORRECTION OF REFERENCE.
Effective November 19, 2001, section 147 of the Aviation
and Transportation Security Act (Public Law 107-71) is
amended by striking ``(b)'' and inserting ``(c)''.
SEC. 1204. REPORT.
Not later than 90 days after the date of enactment of this
Act, the Secretary shall
[[Page H8638]]
transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that--
(A) evaluates the availability and cost of commercial war
risk insurance for air carriers and other aviation entities
for passengers and third parties;
(B) analyzes the economic effect upon air carriers and
other aviation entities of available commercial war risk
insurance; and
(C) describes the manner in which the Department could
provide an alternative means of providing aviation war risk
reinsurance covering passengers, crew, and third parties
through use of a risk-retention group or by other means.
TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT
Subtitle A--Chief Human Capital Officers
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Chief Human Capital
Officers Act of 2002''.
SEC. 1302. 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. 1303. 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. 1304. 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. 1305. EFFECTIVE DATE.
This subtitle shall take effect 180 days after the date of
enactment of this Act.
Subtitle B--Reforms Relating to Federal Human Capital Management
SEC. 1311. 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. 1312. 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
[[Page H8639]]
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. 1313. 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 not 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 the 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.
[[Page H8640]]
``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. 1314. 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''.
Subtitle C--Reforms Relating to the Senior Executive Service
SEC. 1321. 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. 1322. ADJUSTMENT OF LIMITATION ON TOTAL ANNUAL
COMPENSATION.
(a) In General.--Section 5307 of title 5, United States
Code, is amended by adding at the end the following:
``(d)(1) Notwithstanding any other provision of this
section, subsection (a)(1) shall be applied by substituting
`the total annual compensation payable to the Vice President
under section 104 of title 3' for `the annual rate of basic
pay payable for level I of the Executive Schedule' in the
case of any employee who--
``(A) is paid under section 5376 or 5383 of this title or
section 332(f), 603, or 604 of title 28; and
``(B) holds a position in or under an agency which is
described in paragraph (2).
``(2) An agency described in this paragraph is any agency
which, for purposes of the calendar year involved, has been
certified under this subsection as having a performance
appraisal system which (as designed and applied) makes
meaningful distinctions based on relative performance.
``(3)(A) The Office of Personnel Management and the Office
of Management and Budget jointly shall promulgate such
regulations as may be necessary to carry out this subsection,
including the criteria and procedures in accordance with
which any determinations under this subsection shall be made.
``(B) An agency's certification under this subsection shall
be for a period of 2 calendar
[[Page H8641]]
years, except that such certification may be terminated at
any time, for purposes of either or both of those years, upon
a finding that the actions of such agency have not remained
in conformance with applicable requirements.
``(C) Any certification or decertification under this
subsection shall be made by the Office of Personnel
Management, with the concurrence of the Office of Management
and Budget.
``(4) Notwithstanding any provision of paragraph (3), any
regulations, certifications, or other measures necessary to
carry out this subsection with respect to employees within
the judicial branch shall be the responsibility of the
Director of the Administrative Office of the United States
Courts. However, the regulations under this paragraph shall
be consistent with those promulgated under paragraph (3).''.
(b) Conforming Amendments.--(1) Section 5307(a) of title 5,
United States Code, is amended by inserting ``or as otherwise
provided under subsection (d),'' after ``under law,''.
(2) Section 5307(c) of such title is amended by striking
``this section,'' and inserting ``this section (subject to
subsection (d)),''.
Subtitle D--Academic Training
SEC. 1331. 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. 1332. 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''.
TITLE XIV--ARMING PILOTS AGAINST TERRORISM
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Arming Pilots Against
Terrorism Act''.
SEC. 1402. FEDERAL FLIGHT DECK OFFICER PROGRAM.
(a) In General.--Subchapter I of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 44921. Federal flight deck officer program
``(a) Establishment.--The Under Secretary of Transportation
for Security shall establish a program to deputize volunteer
pilots of air carriers providing passenger air transportation
or intrastate passenger air transportation as Federal law
enforcement officers to defend the flight decks of aircraft
of such air carriers against acts of criminal violence or air
piracy. Such officers shall be known as `Federal flight deck
officers'.
``(b) Procedural Requirements.--
``(1) In general.--Not later than 3 months after the date
of enactment of this section, the Under Secretary shall
establish procedural requirements to carry out the program
under this section.
``(2) Commencement of program.--Beginning 3 months after
the date of enactment of this section, the Under Secretary
shall begin the process of training and deputizing pilots who
are qualified to be Federal flight deck officers as Federal
flight deck officers under the program.
``(3) Issues to be addressed.--The procedural requirements
established under paragraph (1) shall address the following
issues:
``(A) The type of firearm to be used by a Federal flight
deck officer.
``(B) The type of ammunition to be used by a Federal flight
deck officer.
``(C) The standards and training needed to qualify and
requalify as a Federal flight deck officer.
``(D) The placement of the firearm of a Federal flight deck
officer on board the aircraft to ensure both its security and
its ease of retrieval in an emergency.
``(E) An analysis of the risk of catastrophic failure of an
aircraft as a result of the discharge (including an
accidental discharge) of a firearm to be used in the program
into the avionics, electrical systems, or other sensitive
areas of the aircraft.
``(F) The division of responsibility between pilots in the
event of an act of criminal violence or air piracy if only 1
pilot is a Federal flight deck officer and if both pilots are
Federal flight deck officers.
``(G) Procedures for ensuring that the firearm of a Federal
flight deck officer does not leave the cockpit if there is a
disturbance in the passenger cabin of the aircraft or if the
pilot leaves the cockpit for personal reasons.
``(H) Interaction between a Federal flight deck officer and
a Federal air marshal on board the aircraft.
``(I) The process for selection of pilots to participate in
the program based on their fitness to participate in the
program, including whether an additional background check
should be required beyond that required by section
44936(a)(1).
``(J) Storage and transportation of firearms between
flights, including international flights, to ensure the
security of the firearms, focusing particularly on whether
such security would be enhanced by requiring storage of the
firearm at the airport when the pilot leaves the airport to
remain overnight away from the pilot's base airport.
``(K) Methods for ensuring that security personnel will be
able to identify whether a pilot is authorized to carry a
firearm under the program.
``(L) Methods for ensuring that pilots (including Federal
flight deck officers) will be able to identify whether a
passenger is a law enforcement officer who is authorized to
carry a firearm aboard the aircraft.
``(M) Any other issues that the Under Secretary considers
necessary.
``(N) The Under Secretary's decisions regarding the methods
for implementing each of the foregoing procedural
requirements shall be subject to review only for abuse of
discretion.
[[Page H8642]]
``(4) Preference.--In selecting pilots to participate in
the program, the Under Secretary shall give preference to
pilots who are former military or law enforcement personnel.
``(5) Classified information.--Notwithstanding section 552
of title 5 but subject to section 40119 of this title,
information developed under paragraph (3)(E) shall not be
disclosed.
``(6) Notice to congress.--The Under Secretary shall
provide notice to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate after completing the analysis required by paragraph
(3)(E).
``(7) Minimization of risk.--If the Under Secretary
determines as a result of the analysis under paragraph (3)(E)
that there is a significant risk of the catastrophic failure
of an aircraft as a result of the discharge of a firearm, the
Under Secretary shall take such actions as may be necessary
to minimize that risk.
``(c) Training, Supervision, and Equipment.--
``(1) In general.--The Under Secretary shall only be
obligated to provide the training, supervision, and equipment
necessary for a pilot to be a Federal flight deck officer
under this section at no expense to the pilot or the air
carrier employing the pilot.
``(2) Training.--
``(A) In general.--The Under Secretary shall base the
requirements for the training of Federal flight deck officers
under subsection (b) on the training standards applicable to
Federal air marshals; except that the Under Secretary shall
take into account the differing roles and responsibilities of
Federal flight deck officers and Federal air marshals.
``(B) Elements.--The training of a Federal flight deck
officer shall include, at a minimum, the following elements:
``(i) Training to ensure that the officer achieves the
level of proficiency with a firearm required under
subparagraph (C)(i).
``(ii) Training to ensure that the officer maintains
exclusive control over the officer's firearm at all times,
including training in defensive maneuvers.
``(iii) Training to assist the officer in determining when
it is appropriate to use the officer's firearm and when it is
appropriate to use less than lethal force.
``(C) Training in use of firearms.--
``(i) Standard.--In order to be deputized as a Federal
flight deck officer, a pilot must achieve a level of
proficiency with a firearm that is required by the Under
Secretary. Such level shall be comparable to the level of
proficiency required of Federal air marshals.
``(ii) Conduct of training.--The training of a Federal
flight deck officer in the use of a firearm may be conducted
by the Under Secretary or by a firearms training facility
approved by the Under Secretary.
``(iii) Requalification.--The Under Secretary shall require
a Federal flight deck officer to requalify to carry a firearm
under the program. Such requalification shall occur at an
interval required by the Under Secretary.
``(d) Deputization.--
``(1) In general.--The Under Secretary may deputize, as a
Federal flight deck officer under this section, a pilot who
submits to the Under Secretary a request to be such an
officer and whom the Under Secretary determines is qualified
to be such an officer.
``(2) Qualification.--A pilot is qualified to be a Federal
flight deck officer under this section if--
``(A) the pilot is employed by an air carrier;
``(B) the Under Secretary determines (in the Under
Secretary's discretion) that the pilot meets the standards
established by the Under Secretary for being such an officer;
and
``(C) the Under Secretary determines that the pilot has
completed the training required by the Under Secretary.
``(3) Deputization by other federal agencies.--The Under
Secretary may request another Federal agency to deputize, as
Federal flight deck officers under this section, those pilots
that the Under Secretary determines are qualified to be such
officers.
``(4) Revocation.--The Under Secretary may, (in the Under
Secretary's discretion) revoke the deputization of a pilot as
a Federal flight deck officer if the Under Secretary finds
that the pilot is no longer qualified to be such an officer.
``(e) Compensation.--Pilots participating in the program
under this section shall not be eligible for compensation
from the Federal Government for services provided as a
Federal flight deck officer. The Federal Government and air
carriers shall not be obligated to compensate a pilot for
participating in the program or for the pilot's training or
qualification and requalification to carry firearms under the
program.
``(f) Authority To Carry Firearms.--
``(1) In general.--The Under Secretary shall authorize a
Federal flight deck officer to carry a firearm while engaged
in providing air transportation or intrastate air
transportation. Notwithstanding subsection (c)(1), the
officer may purchase a firearm and carry that firearm aboard
an aircraft of which the officer is the pilot in accordance
with this section if the firearm is of a type that may be
used under the program.
``(2) Preemption.--Notwithstanding any other provision of
Federal or State law, a Federal flight deck officer, whenever
necessary to participate in the program, may carry a firearm
in any State and from 1 State to another State.
``(3) Carrying firearms outside united states.--In
consultation with the Secretary of State, the Under Secretary
may take such action as may be necessary to ensure that a
Federal flight deck officer may carry a firearm in a foreign
country whenever necessary to participate in the program.
``(g) Authority To Use Force.--Notwithstanding section
44903(d), the Under Secretary shall prescribe the standards
and circumstances under which a Federal flight deck officer
may use, while the program under this section is in effect,
force (including lethal force) against an individual in the
defense of the flight deck of an aircraft in air
transportation or intrastate air transportation.
``(h) Limitation on Liability.--
``(1) Liability of air carriers.--An air carrier shall not
be liable for damages in any action brought in a Federal or
State court arising out of a Federal flight deck officer's
use of or failure to use a firearm.
``(2) Liability of federal flight deck officers.--A Federal
flight deck officer shall not be liable for damages in any
action brought in a Federal or State court arising out of the
acts or omissions of the officer in defending the flight deck
of an aircraft against acts of criminal violence or air
piracy unless the officer is guilty of gross negligence or
willful misconduct.
``(3) Liability of federal government.--For purposes of an
action against the United States with respect to an act or
omission of a Federal flight deck officer in defending the
flight deck of an aircraft, the officer shall be treated as
an employee of the Federal Government under chapter 171 of
title 28, relating to tort claims procedure.
``(i) Procedures Following Accidental Discharges.--If an
accidental discharge of a firearm under the pilot program
results in the injury or death of a passenger or crew member
on an aircraft, the Under Secretary--
``(1) shall revoke the deputization of the Federal flight
deck officer responsible for that firearm if the Under
Secretary determines that the discharge was attributable to
the negligence of the officer; and
``(2) if the Under Secretary determines that a shortcoming
in standards, training, or procedures was responsible for the
accidental discharge, the Under Secretary may temporarily
suspend the program until the shortcoming is corrected.
``(j) Limitation on Authority of Air Carriers.--No air
carrier shall prohibit or threaten any retaliatory action
against a pilot employed by the air carrier from becoming a
Federal flight deck officer under this section. No air
carrier shall--
``(1) prohibit a Federal flight deck officer from piloting
an aircraft operated by the air carrier, or
``(2) terminate the employment of a Federal flight deck
officer, solely on the basis of his or her volunteering for
or participating in the program under this section.
``(k) Applicability.--
``(1) Exemption.--This section shall not apply to air
carriers operating under part 135 of title 14, Code of
Federal Regulations, and to pilots employed by such carriers
to the extent that such carriers and pilots are covered by
section 135.119 of such title or any successor to such
section.
``(2) Pilot defined.--The term `pilot' means an individual
who has final authority and responsibility for the operation
and safety of the flight or, if more than 1 pilot is required
for the operation of the aircraft or by the regulations under
which the flight is being conducted, the individual
designated as second in command.''.
(b) Conforming Amendments.--
(1) Chapter analysis.--The analysis for such chapter is
amended by inserting after the item relating to section 44920
the following:
``44921. Federal flight deck officer program.''.
(2) Flight deck security.--Section 128 of the Aviation and
Transportation Security Act (Public Law 107-71) is repealed.
(c) Federal Air Marshal Program.--
(1) Sense of congress.--It is the sense of Congress that
the Federal air marshal program is critical to aviation
security.
(2) Limitation on statutory construction.--Nothing in this
Act, including any amendment made by this Act, shall be
construed as preventing the Under Secretary of Transportation
for Security from implementing and training Federal air
marshals.
SEC. 1403. CREW TRAINING.
(a) In General.--Section 44918(e) of title 49, United
States Code, is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(1) In general.--The Under Secretary'';
(2) by adding at the end the following:
``(2) Additional requirements.--In updating the training
guidance, the Under Secretary, in consultation with the
Administrator, shall issue a rule to--
``(A) require both classroom and effective hands-on
situational training in the following elements of self
defense:
``(i) recognizing suspicious activities and determining the
seriousness of an occurrence;
``(ii) deterring a passenger who might present a problem;
``(iii) crew communication and coordination;
``(iv) the proper commands to give to passengers and
attackers;
[[Page H8643]]
``(v) methods to subdue and restrain an attacker;
``(vi) use of available items aboard the aircraft for self-
defense;
``(vii) appropriate and effective responses to defend
oneself, including the use of force against an attacker;
``(viii) use of protective devices assigned to crew members
(to the extent such devices are approved by the Administrator
or Under Secretary);
``(ix) the psychology of terrorists to cope with their
behavior and passenger responses to that behavior;
``(x) how to respond to aircraft maneuvers that may be
authorized to defend against an act of criminal violence or
air piracy;
``(B) require training in the proper conduct of a cabin
search, including the duty time required to conduct the
search;
``(C) establish the required number of hours of training
and the qualifications for the training instructors;
``(D) establish the intervals, number of hours, and
elements of recurrent training;
``(E) ensure that air carriers provide the initial training
required by this paragraph within 24 months of the date of
enactment of this subparagraph; and
``(F) ensure that no person is required to participate in
any hands-on training activity that that person believes will
have an adverse impact on his or her health or safety.
``(3) Responsibility of under secretary.--(A)
Consultation.--In developing the rule under paragraph (2),
the Under Secretary shall consult with law enforcement
personnel and security experts who have expertise in self-
defense training, terrorism experts, and representatives of
air carriers, the provider of self-defense training for
Federal air marshals, flight attendants, labor organizations
representing flight attendants, and educational institutions
offering law enforcement training programs.
``(B) Designation of official.--The Under Secretary shall
designate an official in the Transportation Security
Administration to be responsible for overseeing the
implementation of the training program under this subsection.
``(C) Necessary resources and knowledge.--The Under
Secretary shall ensure that employees of the Administration
responsible for monitoring the training program have the
necessary resources and knowledge.''; and
(3) by aligning the remainder of the text of paragraph (1)
(as designated by paragraph (1) of this section) with
paragraphs (2) and (3) (as added by paragraph (2) of this
section).
(b) Enhance Security Measures.--Section 109(a) of the
Aviation and Transportation Security Act (49 U.S.C. 114 note;
115 Stat. 613-614) is amended by adding at the end the
following:
``(9) Require that air carriers provide flight attendants
with a discreet, hands-free, wireless method of communicating
with the pilots.''.
(c) Benefits and Risks of Providing Flight Attendants With
Nonlethal Weapons.--
(1) Study.--The Under Secretary of Transportation for
Security shall conduct a study to evaluate the benefits and
risks of providing flight attendants with nonlethal weapons
to aide in combating air piracy and criminal violence on
commercial airlines.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, the Under Secretary shall transmit to
Congress a report on the results of the study.
SEC. 1404. COMMERCIAL AIRLINE SECURITY STUDY.
(a) Study.--The Secretary of Transportation shall conduct a
study of the following:
(1) The number of armed Federal law enforcement officers
(other than Federal air marshals), who travel on commercial
airliners annually and the frequency of their travel.
(2) The cost and resources necessary to provide such
officers with supplemental training in aircraft anti-
terrorism training that is comparable to the training that
Federal air marshals are provided.
(3) The cost of establishing a program at a Federal law
enforcement training center for the purpose of providing new
Federal law enforcement recruits with standardized training
comparable to the training that Federal air marshals are
provided.
(4) The feasibility of implementing a certification program
designed for the purpose of ensuring Federal law enforcement
officers have completed the training described in paragraph
(2) and track their travel over a 6-month period.
(5) The feasibility of staggering the flights of such
officers to ensure the maximum amount of flights have a
certified trained Federal officer on board.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study. The report may
be submitted in classified and redacted form.
SEC. 1405. AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THAN-
LETHAL WEAPONS.
(a) In General.--Section 44903(i) of title 49, United
States Code (as redesignated by section 6 of this Act) is
amended by adding at the end the following:
``(3) Request of air carriers to use less-than-lethal
weapons.--If, after the date of enactment of this paragraph,
the Under Secretary receives a request from an air carrier
for authorization to allow pilots of the air carrier to carry
less-than-lethal weapons, the Under Secretary shall respond
to that request within 90 days.''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in paragraph (1) by striking ``Secretary'' the first
and third places it appears and inserting ``Under
Secretary''; and
(2) in paragraph (2) by striking ``Secretary'' each place
it appears and inserting ``Under Secretary''.
SEC. 1406. TECHNICAL AMENDMENTS.
Section 44903 of title 49, United States Code, is amended--
(1) by redesignating subsection (i) (relating to short-term
assessment and deployment of emerging security technologies
and procedures) as subsection (j);
(2) by redesignating the second subsection (h) (relating to
authority to arm flight deck crew with less-than-lethal
weapons) as subsection (i); and
(3) by redesignating the third subsection (h) (relating to
limitation on liability for acts to thwart criminal violence
for aircraft piracy) as subsection (k).
TITLE XV--TRANSITION
Subtitle A--Reorganization Plan
SEC. 1501. DEFINITIONS.
For purposes of this title:
(1) The term ``agency'' includes any entity, organizational
unit, program, or function.
(2) The term ``transition period'' means the 12-month
period beginning on the effective date of this Act.
SEC. 1502. REORGANIZATION PLAN.
(a) Submission of Plan.--Not later than 60 days after the
date of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a
reorganization plan regarding the following:
(1) The transfer of agencies, personnel, assets, and
obligations to the Department pursuant to this Act.
(2) Any consolidation, reorganization, or streamlining of
agencies transferred to the Department pursuant to this Act.
(b) Plan Elements.--The plan transmitted under subsection
(a) shall contain, consistent with this Act, such elements as
the President deems appropriate, including the following:
(1) Identification of any functions of agencies transferred
to the Department pursuant to this Act that will not be
transferred to the Department under the plan.
(2) Specification of the steps to be taken by the Secretary
to organize the Department, including the delegation or
assignment of functions transferred to the Department among
officers of the Department in order to permit the Department
to carry out the functions transferred under the plan.
(3) Specification of the funds available to each agency
that will be transferred to the Department as a result of
transfers under the plan.
(4) Specification of the proposed allocations within the
Department of unexpended funds transferred in connection with
transfers under the plan.
(5) Specification of any proposed disposition of property,
facilities, contracts, records, and other assets and
obligations of agencies transferred under the plan.
(6) Specification of the proposed allocations within the
Department of the functions of the agencies and subdivisions
that are not related directly to securing the homeland.
(c) Modification of Plan.--The President may, on the basis
of consultations with the appropriate congressional
committees, modify or revise any part of the plan until that
part of the plan becomes effective in accordance with
subsection (d).
(d) Effective Date.--
(1) In general.--The reorganization plan described in this
section, including any modifications or revisions of the plan
under subsection (d), shall become effective for an agency on
the earlier of--
(A) the date specified in the plan (or the plan as modified
pursuant to subsection (d)), except that such date may not be
earlier than 90 days after the date the President has
transmitted the reorganization plan to the appropriate
congressional committees pursuant to subsection (a); or
(B) the end of the transition period.
(2) Statutory construction.--Nothing in this subsection may
be construed to require the transfer of functions, personnel,
records, balances of appropriations, or other assets of an
agency on a single date.
(3) Supersedes existing law.--Paragraph (1) shall apply
notwithstanding section 905(b) of title 5, United States
Code.
SEC. 1503. REVIEW OF CONGRESSIONAL COMMITTEE STRUCTURES.
It is the sense of Congress that each House of Congress
should review its committee structure in light of the
reorganization of responsibilities within the executive
branch by the establishment of the Department.
Subtitle B--Transitional Provisions
SEC. 1511. 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 basis, provide services or
detail personnel to assist with the transition.
[[Page H8644]]
(c) Acting Officials.--(1) 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. While so acting, such officers shall
receive compensation at the higher of--
(A) the rates provided by this Act for the respective
offices in which they act; or
(B) the rates provided for the offices held at the time of
designation.
(2) Nothing in this Act shall be understood 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 agency is transferred to the Department pursuant to
this Act and whose duties following such transfer are germane
to those performed before such transfer.
(d) Transfer of Personnel, Assets, Obligations, and
Functions.--Upon the transfer of an agency to the
Department--
(1) the personnel, assets, and obligations 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 in accordance with the provisions of section
1531(a)(2) of title 31, United States Code; and
(2) the Secretary shall have all functions relating to the
agency that any other official could by law exercise in
relation to the agency immediately before such transfer, and
shall have in addition all functions vested in the Secretary
by this Act or other law.
(e) Prohibition on Use of Transportation Trust Funds.--
(1) In general.--Notwithstanding any other provision of
this Act, no funds derived from the Highway Trust Fund,
Airport and Airway Trust Fund, Inland Waterway Trust Fund, or
Harbor Maintenance Trust Fund, may be transferred to, made
available to, or obligated by the Secretary or any other
official in the Department.
(2) Limitation.--This subsection shall not apply to
security-related funds provided to the Federal Aviation
Administration for fiscal years preceding fiscal year 2003
for (A) operations, (B) facilities and equipment, or (C)
research, engineering, and development.
SEC. 1512. SAVINGS PROVISIONS.
(a) Completed Administrative Actions.--(1) 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) For purposes of paragraph (1), the term ``completed
administrative action'' 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. Statutory
reporting requirements that applied in relation to such an
agency immediately before the effective date of this Act
shall continue to apply following such transfer if they refer
to the agency by name.
(e) Employment Provisions.--(1) Notwithstanding the
generality of the foregoing (including subsections (a) and
(d)), in and for the Department the Secretary may, in
regulations prescribed jointly with the Director of the
Office of Personnel Management, adopt the rules, procedures,
terms, and conditions, established by statute, rule, or
regulation before the effective date of this Act, relating to
employment in any agency transferred to the Department
pursuant to this Act; and
(2) except as otherwise provided in this Act, or under
authority granted by this Act, the transfer pursuant to this
Act of personnel shall not alter the terms and conditions of
employment, including compensation, of any employee so
transferred.
(f) 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.
SEC. 1513. TERMINATIONS.
Except as otherwise provided in this Act, whenever all the
functions vested by law in any agency have been transferred
pursuant to 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. 1514. NATIONAL IDENTIFICATION SYSTEM NOT AUTHORIZED.
Nothing in this Act shall be construed to authorize the
development of a national identification system or card.
SEC. 1515. CONTINUITY OF INSPECTOR GENERAL OVERSIGHT.
Notwithstanding the transfer of an agency to the Department
pursuant to this Act, the Inspector General that exercised
oversight of such agency prior to such transfer shall
continue to exercise oversight of such agency during the
period of time, if any, between the transfer of such agency
to the Department pursuant to this Act and the appointment of
the Inspector General of the Department of Homeland Security
in accordance with section 103(b).
SEC. 1516. 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.
SEC. 1517. REFERENCE.
With respect to any function transferred by or under this
Act (including under a reorganization plan that becomes
effective under section 1502) and exercised on or after the
effective date of this Act, reference in any other Federal
law to any department, commission, or agency or any officer
or office the functions of which are so transferred shall be
deemed to refer to the Secretary, other official, or
component of the Department to which such function is so
transferred.
TITLE XVI--CORRECTIONS TO EXISTING LAW RELATING TO AIRLINE
TRANSPORTATION SECURITY
SEC. 1601. RETENTION OF SECURITY SENSITIVE INFORMATION
AUTHORITY AT DEPARTMENT OF TRANSPORTATION.
(a) Section 40119 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) by inserting ``and the Administrator of the Federal
Aviation Administration each'' after ``for Security''; and
(B) by striking ``criminal violence and aircraft piracy''
and inserting ``criminal violence, aircraft piracy, and
terrorism and to ensure security''; and
(2) in subsection (b)(1)--
(A) by striking ``, the Under Secretary'' and inserting
``and the establishment of a Department of Homeland Security,
the Secretary of Transportation'';
(B) by striking ``carrying out'' and all that follows
through ``if the Under Secretary'' and inserting ``ensuring
security under this title if the Secretary of
Transportation''; and
(C) in subparagraph (C) by striking ``the safety of
passengers in transportation'' and inserting ``transportation
safety''.
(b) Section 114 of title 49, United States Code, is amended
by adding at the end the following:
``(s) Nondisclosure of Security Activities.--
``(1) In general.--Notwithstanding section 552 of title 5,
the Under Secretary shall prescribe regulations prohibiting
the disclosure of information obtained or developed in
carrying out security under authority of the Aviation and
Transportation Security Act (Public Law 107-71) or under
chapter 449 of this title if the Under Secretary decides that
disclosing the information would--
``(A) be an unwarranted invasion of personal privacy;
``(B) reveal a trade secret or privileged or confidential
commercial or financial information; or
``(C) be detrimental to the security of transportation.
``(2) Availability of information to congress.--Paragraph
(1) does not authorize information to be withheld from a
committee of Congress authorized to have the information.
``(3) Limitation on transferability of duties.--Except as
otherwise provided by law, the Under Secretary may not
transfer a duty
[[Page H8645]]
or power under this subsection to another department, agency,
or instrumentality of the United States.''.
SEC. 1602. INCREASE IN CIVIL PENALTIES.
Section 46301(a) of title 49, United States Code, is
amended by adding at the end the following:
``(8) Aviation security violations.--Notwithstanding
paragraphs (1) and (2) of this subsection, the maximum civil
penalty for violating chapter 449 or another requirement
under this title administered by the Under Secretary of
Transportation for Security shall be $10,000; except that the
maximum civil penalty shall be $25,000 in the case of a
person operating an aircraft for the transportation of
passengers or property for compensation (except an individual
serving as an airman).''.
SEC. 1603. ALLOWING UNITED STATES CITIZENS AND UNITED STATES
NATIONALS AS SCREENERS.
Section 44935(e)(2)(A)(ii) of title 49, United States Code,
is amended by striking ``citizen of the United States'' and
inserting ``citizen of the United States or a national of the
United States, as defined in section 1101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22))''.
TITLE XVII--CONFORMING AND TECHNICAL AMENDMENTS
SEC. 1701. INSPECTOR GENERAL ACT OF 1978.
Section 11 of the Inspector General Act of 1978 (Public Law
95-452) is amended--
(1) by inserting ``Homeland Security,'' after
``Transportation,'' each place it appears; and
(2) by striking ``; and'' each place it appears in
paragraph (1) and inserting ``;'';
SEC. 1702. EXECUTIVE SCHEDULE.
(a) In General.--Title 5, United States Code, is amended--
(1) in section 5312, by inserting ``Secretary of Homeland
Security.'' as a new item after ``Affairs.'';
(2) in section 5313, by inserting ``Deputy Secretary of
Homeland Security.'' as a new item after ``Affairs.'';
(3) in section 5314, by inserting ``Under Secretaries,
Department of Homeland Security.'', ``Director of the Bureau
of Citizenship and Immigration Services.'' as new items after
``Affairs.'' the third place it appears;
(4) in section 5315, by inserting ``Assistant Secretaries,
Department of Homeland Security.'', ``General Counsel,
Department of Homeland Security.'', ``Officer for Civil
Rights and Civil Liberties, Department of Homeland
Security.'', ``Chief Financial Officer, Department of
Homeland Security.'', ``Chief Information Officer, Department
of Homeland Security.'', and ``Inspector General, Department
of Homeland Security.'' as new items after ``Affairs.'' the
first place it appears; and
(5) in section 5315, by striking ``Commissioner of
Immigration and Naturalization, Department of Justice.''.
(b) Special Effective Date.--Notwithstanding section 4, the
amendment made by subsection (a)(5) shall take effect on the
date on which the transfer of functions specified under
section 441 takes effect.
SEC. 1703. UNITED STATES SECRET SERVICE.
(a) In General.--(1) The United States Code is amended in
section 202 of title 3, and in section 3056 of title 18, by
striking ``of the Treasury'', each place it appears and
inserting ``of Homeland Security''.
(2) Section 208 of title 3, United States Code, is amended
by striking ``of Treasury'' each place it appears and
inserting ``of Homeland Security''.
(b) 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. 1704. COAST GUARD.
(a) Title 14, U.S.C.--Title 14, United States Code, is
amended in sections 1, 3, 53, 95, 145, 516, 666, 669, 673,
673a (as redesignated by subsection (e)(1)), 674, 687, and
688 by striking ``of Transportation'' each place it appears
and inserting ``of Homeland Security''.
(b) Title 10, U.S.C.--(1) Title 10, United States Code, is
amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1),
379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a),
671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888,
946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1),
1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a),
1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a),
1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c),
1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2),
1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f),
1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2),
2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578,
2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775,
2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b),
10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b),
10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304,
12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e),
16131(a), 16136(a), 16301(g), and 18501 by striking ``of
Transportation'' each place it appears and inserting ``of
Homeland Security''.
(2) Section 801(1) of such title 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''.
(3) Section 983(d)(2)(B) of such title is amended by
striking ``Department of Transportation'' and inserting
``Department of Homeland Security''.
(4) Section 2665(b) of such title is amended by striking
``Department of Transportation'' and inserting ``Department
in which the Coast Guard is operating''.
(5) Section 7045 of such title is amended--
(A) in subsections (a)(1) and (b), by striking
``Secretaries of the Army, Air Force, and Transportation''
both places it appears and inserting ``Secretary of the Army,
the Secretary of the Air Force, and the Secretary of Homeland
Security''; and
(B) in subsection (b), by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security''.
(6) Section 7361(b) of such title is amended in the
subsection heading by striking ``Transportation'' and
inserting ``Homeland Security''.
(7) Section 12522(c) of such title is amended in the
subsection heading by striking ``Transportation'' and
inserting ``Homeland Security''.
(c) Title 37, U.S.C.--Title 37, United States Code, is
amended in sections 101(5), 204(i)(4), 301a(a)(3), 306(d),
307(c), 308(a)(1), 308(d)(2), 308(f), 308b(e), 308c(c),
308d(a), 308e(f), 308g(g), 308h(f), 308i(e), 309(d), 316(d),
323(b), 323(g)(1), 325(i), 402(d), 402a(g)(1), 403(f)(3),
403(l)(1), 403b(i)(5), 406(b)(1), 417(a), 417(b), 418(a),
703, 1001(c), 1006(f), 1007(a), and 1011(d) by striking ``of
Transportation'' each place it appears and inserting ``of
Homeland Security''.
(d) Title 38, U.S.C.--Title 38, United States Code, is
amended in sections 101(25)(d), 1560(a), 3002(5),
3011(a)(1)(A)(ii)(I), 3011(a)(1)(A)(ii)(II),
3011(a)(1)(B)(ii)(III), 3011(a)(1)(C)(iii)(II)(cc),
3012(b)(1)(A)(v), 3012(b)(1)(B)(ii)(V), 3018(b)(3)(B)(iv),
3018A(a)(3), 3018B(a)(1)(C), 3018B(a)(2)(C), 3018C(a)(5),
3020(m), 3035(b)(2), 3035(c), 3035(d), 3035(e), 3680A(g), and
6105(c) by striking ``of Transportation'' each place it
appears and inserting ``of Homeland Security''.
(e) Other Defense-Related Laws.--(1) Section 363 of Public
Law 104-193 (110 Stat. 2247) is amended--
(A) in subsection (a)(1) (10 U.S.C. 113 note), by striking
``of Transportation'' and inserting ``of Homeland Security'';
and
(B) in subsection (b)(1) (10 U.S.C. 704 note), by striking
``of Transportation'' and inserting ``of Homeland Security''.
(2) Section 721(1) of Public Law 104-201 (10 U.S.C. 1073
note) is amended by striking ``of Transportation'' and
inserting ``of Homeland Security''.
(3) Section 4463(a) of Public Law 102-484 (10 U.S.C. 1143a
note) is amended by striking ``after consultation with the
Secretary of Transportation''.
(4) Section 4466(h) of Public Law 102-484 (10 U.S.C. 1143
note) is amended by striking ``of Transportation'' and
inserting ``of Homeland Security''.
(5) Section 542(d) of Public Law 103-337 (10 U.S.C. 1293
note) is amended by striking ``of Transportation'' and
inserting ``of Homeland Security''.
(6) Section 740 of Public Law 106-181 (10 U.S.C. 2576 note)
is amended in subsections (b)(2), (c), and (d)(1) by striking
``of Transportation'' each place it appears and inserting
``of Homeland Security''.
(7) Section 1407(b)(2) of the Defense Dependents' Education
Act of 1978 (20 U.S.C. 926(b)) is amended by striking ``of
Transportation'' both places it appears and inserting ``of
Homeland Security''.
(8) Section 2301(5)(D) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6671(5)(D)) is amended by
striking ``of Transportation'' and inserting ``of Homeland
Security''.
(9) Section 2307(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6677(a)) is amended by
striking ``of Transportation'' and inserting ``of Homeland
Security''.
(10) Section 1034(a) of Public Law 105-85 (21 U.S.C.
1505a(a)) is amended by striking ``of Transportation'' and
inserting ``of Homeland Security''.
(11) The Military Selective Service Act is amended--
(A) in section 4(a) (50 U.S.C. App. 454(a)), by striking
``of Transportation'' in the fourth paragraph and inserting
``of Homeland Security'';
(B) in section 4(b) (50 U.S.C. App. 454(b)), by striking
``of Transportation'' both places it appears and inserting
``of Homeland Security'';
(C) in section 6(d)(1) (50 U.S.C. App. 456(d)(1)), by
striking ``of Transportation'' both places it appears and
inserting ``of Homeland Security'';
(D) in section 9(c) (50 U.S.C. App. 459(c)), by striking
``Secretaries of Army, Navy, Air Force, or Transportation''
and inserting ``Secretary of a military department, and the
Secretary of Homeland Security with respect to the Coast
Guard,''; and
(E) in section 15(e) (50 U.S.C. App. 465(e)), by striking
``of Transportation'' both places it appears and inserting
``of Homeland Security''.
(f) Technical Correction.--(1) Title 14, United States
Code, is amended by redesignating section 673 (as added by
section 309 of Public Law 104-324) as section 673a.
(2) The table of sections at the beginning of chapter 17 of
such title is amended by redesignating the item relating to
such section as section 673a.
(g) Effective Date.--The amendments made by this section
(other than subsection (f)) shall take effect on the date of
transfer of the Coast Guard to the Department.
SEC. 1705. 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
(Public Law 107-188; 42 U.S.C. 300hh-12) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Secretary of Health and Human Services''
and inserting ``Secretary of Homeland Security'';
[[Page H8646]]
(B) by inserting ``the Secretary of Health and Human
Services and'' between ``in coordination with'' and ``the
Secretary of Veterans Affairs''; 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. 1706. TRANSFER OF CERTAIN SECURITY AND LAW ENFORCEMENT
FUNCTIONS AND AUTHORITIES.
(a) Amendment to Title 40.--Section 581 of title 40, United
States Code, is amended--
(1) by striking subsection (a); and
(2) in subsection (b)--
(A) by inserting ``and'' after the semicolon at the end of
paragraph (1);
(B) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
(C) by striking paragraph (3).
(b) Law Enforcement Authority.--
(1) In general.--Section 1315 of title 40, United States
Code, is amended to read as follows:
``Sec. 1315. Law enforcement authority of Secretary of
Homeland Security for protection of public property
``(a) In General.--To the extent provided for by transfers
made pursuant to the Homeland Security Act of 2002, the
Secretary of Homeland Security (in this section referred to
as the `Secretary') shall protect the buildings, grounds, and
property that are owned, occupied, or secured by the Federal
Government (including any agency, instrumentality, or wholly
owned or mixed-ownership corporation thereof) and the persons
on the property.
``(b) Officers and Agents.--
``(1) Designation.--The Secretary may designate employees
of the Department of Homeland Security, including employees
transferred to the Department from the Office of the Federal
Protective Service of the General Services Administration
pursuant to the Homeland Security Act of 2002, as officers
and agents for duty in connection with the protection of
property owned or occupied by the Federal Government and
persons on the property, including duty in areas outside the
property to the extent necessary to protect the property and
persons on the property.
``(2) Powers.--While engaged in the performance of official
duties, an officer or agent designated under this subsection
may--
``(A) enforce Federal laws and regulations for the
protection of persons and property;
``(B) carry firearms;
``(C) make arrests without a warrant for any offense
against the United States committed in the presence of the
officer or agent or for any felony cognizable under the laws
of the United States if the officer or agent has reasonable
grounds to believe that the person to be arrested has
committed or is committing a felony;
``(D) serve warrants and subpoenas issued under the
authority of the United States; and
``(E) conduct investigations, on and off the property in
question, of offenses that may have been committed against
property owned or occupied by the Federal Government or
persons on the property.
``(F) carry out such other activities for the promotion of
homeland security as the Secretary may prescribe.
``(c) Regulations.--
``(1) In general.--The Secretary, in consultation with the
Administrator of General Services, may prescribe regulations
necessary for the protection and administration of property
owned or occupied by the Federal Government and persons on
the property. The regulations may include reasonable
penalties, within the limits prescribed in paragraph (2), for
violations of the regulations. The regulations shall be
posted and remain posted in a conspicuous place on the
property.
``(2) Penalties.--A person violating a regulation
prescribed under this subsection shall be fined under title
18, United States Code, imprisoned for not more than 30 days,
or both.
``(d) Details.--
``(1) Requests of agencies.--On the request of the head of
a Federal agency having charge or control of property owned
or occupied by the Federal Government, the Secretary may
detail officers and agents designated under this section for
the protection of the property and persons on the property.
``(2) Applicability of regulations.--The Secretary may--
``(A) extend to property referred to in paragraph (1) the
applicability of regulations prescribed under this section
and enforce the regulations as provided in this section; or
``(B) utilize the authority and regulations of the
requesting agency if agreed to in writing by the agencies.
``(3) Facilities and services of other agencies.--When the
Secretary determines it to be economical and in the public
interest, the Secretary may utilize the facilities and
services of Federal, State, and local law enforcement
agencies, with the consent of the agencies.
``(e) Authority Outside Federal Property.--For the
protection of property owned or occupied by the Federal
Government and persons on the property, the Secretary may
enter into agreements with Federal agencies and with State
and local governments to obtain authority for officers and
agents designated under this section to enforce Federal laws
and State and local laws concurrently with other Federal law
enforcement officers and with State and local law enforcement
officers.
``(f) Secretary and Attorney General Approval.--The powers
granted to officers and agents designated under this section
shall be exercised in accordance with guidelines approved by
the Secretary and the Attorney General.
``(g) Limitation on Statutory Construction.--Nothing in
this section shall be construed to--
``(1) preclude or limit the authority of any Federal law
enforcement agency; or
``(2) restrict the authority of the Administrator of
General Services to promulgate regulations affecting property
under the Administrator's custody and control.''.
(2) Delegation of authority.--The Secretary may delegate
authority for the protection of specific buildings to another
Federal agency where, in the Secretary's discretion, the
Secretary determines it necessary for the protection of that
building.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 13 of title 40, United States Code, is
amended by striking the item relating to section 1315 and
inserting the following:
``1315. Law enforcement authority of Secretary of Homeland Security for
protection of public property.''.
SEC. 1707. TRANSPORTATION SECURITY REGULATIONS.
Title 49, United States Code, is amended--
(1) in section 114(l)(2)(B), by inserting ``for a period
not to exceed 90 days'' after ``effective''; and
(2) in section 114(l)(2)(B), by inserting ``ratified or''
after ``unless''.
SEC. 1708. 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. 1709. COLLABORATION WITH THE SECRETARY OF HOMELAND
SECURITY.
(a) Department of Health and Human Services.--The second
sentence of section 351A(e)(1) of the Public Health Service
Act (42 U.S.C. 262A(e)(1)) is amended by striking
``consultation with'' and inserting ``collaboration with the
Secretary of Homeland Security and''.
(b) Department of Agriculture.--The second sentence of
section 212(e)(1) of the Agricultural Bioterrorism Protection
Act of 2002 (7 U.S.C. 8401) is amended by striking
``consultation with'' and inserting ``collaboration with the
Secretary of Homeland Security and''.
SEC. 1710. RAILROAD SAFETY TO INCLUDE RAILROAD SECURITY.
(a) Investigation and Surveillance Activities.--Section
20105 of title 49, United States Code, is amended--
(1) by striking ``Secretary of Transportation'' in the
first sentence of subsection (a) and inserting ``Secretary
concerned'';
(2) by striking ``Secretary'' each place it appears (except
the first sentence of subsection (a)) and inserting
``Secretary concerned'';
(3) by striking ``Secretary's duties under chapters 203-213
of this title'' in subsection (d) and inserting ``duties
under chapters 203-213 of this title (in the case of the
Secretary of Transportation) and duties under section 114 of
this title (in the case of the Secretary of Homeland
Security)'';
(4) by striking ``chapter.'' in subsection (f) and
inserting ``chapter (in the case of the Secretary of
Transportation) and duties under section 114 of this title
(in the case of the Secretary of Homeland Security).''; and
(5) by adding at the end the following new subsection:
``(g) Definitions.--In this section--
``(1) the term `safety' includes security; and
``(2) the term `Secretary concerned' means--
``(A) the Secretary of Transportation, with respect to
railroad safety matters concerning such Secretary under laws
administered by that Secretary; and
``(B) the Secretary of Homeland Security, with respect to
railroad safety matters concerning such Secretary under laws
administered by that Secretary.''.
(b) Regulations and Orders.--Section 20103(a) of such title
is amended by inserting after ``1970.'' the following: ``When
prescribing a security regulation or issuing a security order
that affects the safety of railroad operations, the Secretary
of Homeland Security shall consult with the Secretary.''.
(c) National Uniformity of Regulation.--Section 20106 of
such title is amended--
(1) by inserting ``and laws, regulations, and orders
related to railroad security'' after ``safety'' in the first
sentence;
(2) by inserting ``or security'' after ``safety'' each
place it appears after the first sentence; and
(3) by striking ``Transportation'' in the second sentence
and inserting ``Transportation (with respect to railroad
safety matters), or the Secretary of Homeland Security (with
respect to railroad security matters),''.
[[Page H8647]]
SEC. 1711. HAZMAT SAFETY TO INCLUDE HAZMAT SECURITY.
(a) General Regulatory Authority.--Section 5103 of title
49, United States Code, is amended--
(1) by striking ``transportation'' the first place it
appears in subsection (b)(1) and inserting ``transportation,
including security,'';
(2) by striking ``aspects'' in subsection (b)(1)(B) and
inserting ``aspects, including security,''; and
(3) by adding at the end the following:
``(C) Consultation.--When prescribing a security regulation
or issuing a security order that affects the safety of the
transportation of hazardous material, the Secretary of
Homeland Security shall consult with the Secretary.''.
(b) Preemption.--Section 5125 of that title is amended--
(1) by striking ``chapter or a regulation prescribed under
this chapter'' in subsection (a)(1) and inserting ``chapter,
a regulation prescribed under this chapter, or a hazardous
materials transportation security regulation or directive
issued by the Secretary of Homeland Security'';
(2) by striking ``chapter or a regulation prescribed under
this chapter.'' in subsection (a)(2) and inserting ``chapter,
a regulation prescribed under this chapter, or a hazardous
materials transportation security regulation or directive
issued by the Secretary of Homeland Security.''; and
(3) by striking ``chapter or a regulation prescribed under
this chapter,'' in subsection (b)(1) and inserting ``chapter,
a regulation prescribed under this chapter, or a hazardous
materials transportation security regulation or directive
issued by the Secretary of Homeland Security,''.
SEC. 1712. OFFICE OF SCIENCE AND TECHNOLOGY POLICY.
The National Science and Technology Policy, Organization,
and Priorities Act of 1976 is amended--
(1) in section 204(b)(1) (42 U.S.C. 6613(b)(1)), by
inserting ``homeland security,'' after ``national
security,''; and
(2) in section 208(a)(1) (42 U.S.C. 6617(a)(1)), by
inserting ``the Office of Homeland Security,'' after
``National Security Council,''.
SEC. 1713. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.
Section 7902(b) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(13) The Under Secretary for Science and Technology of
the Department of Homeland Security.
``(14) Other Federal officials the Council considers
appropriate.''.
SEC. 1714. CLARIFICATION OF DEFINITION OF MANUFACTURER.
Section 2133(3) of the Public Health Service Act (42 U.S.C.
300aa-33(3)) is amended--
(1) in the first sentence, by striking ``under its label
any vaccine set forth in the Vaccine Injury Table'' and
inserting ``any vaccine set forth in the Vaccine Injury
table, including any component or ingredient of any such
vaccine''; and
(2) in the second sentence, by inserting ``including any
component or ingredient of any such vaccine'' before the
period.
SEC. 1715. CLARIFICATION OF DEFINITION OF VACCINE-RELATED
INJURY OR DEATH.
Section 2133(5) of the Public Health Service Act (42 U.S.C.
300aa-33(5)) is amended by adding at the end the following:
``For purposes of the preceding sentence, an adulterant or
contaminant shall not include any component or ingredient
listed in a vaccine's product license application or product
label.''.
SEC. 1716. CLARIFICATION OF DEFINITION OF VACCINE.
Section 2133 of the Public Health Service Act (42 U.S.C.
300aa-33) is amended by adding at the end the following:
``(7) The term `vaccine' means any preparation or
suspension, including but not limited to a preparation or
suspension containing an attenuated or inactive microorganism
or subunit thereof or toxin, developed or administered to
produce or enhance the body's immune response to a disease or
diseases and includes all components and ingredients listed
in the vaccines's product license application and product
label.''.
SEC. 1717. EFFECTIVE DATE.
The amendments made by sections 1714, 1715, and 1716 shall
apply to all actions or proceedings pending on or after the
date of enactment of this Act, unless a court of competent
jurisdiction has entered judgment (regardless of whether the
time for appeal has expired) in such action or proceeding
disposing of the entire action or proceeding.
The SPEAKER pro tempore. The amendment contained in section 2 of H.
Res. 600 is considered as adopted.
The text of H.R. 5710, as amended, pursuant to section 2 of H. Res.
600 is as follows:
H.R. 5710
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) 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.
TITLE I--DEPARTMENT OF HOMELAND SECURITY
Sec. 101. Executive department; mission.
Sec. 102. Secretary; functions.
Sec. 103. Other officers.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Directorate for Information Analysis and Infrastructure
Protection; Access to Information
Sec. 201. Directorate for Information Analysis and Infrastructure
Protection.
Sec. 202. Access to information.
Subtitle B--Critical Infrastructure Information
Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Designation of critical infrastructure protection program.
Sec. 214. Protection of voluntarily shared critical infrastructure
information.
Sec. 215. No private right of action.
Subtitle C--Information Security
Sec. 221. Procedures for sharing information.
Sec. 222. Privacy Officer.
Sec. 223. Enhancement of non-Federal cybersecurity.
Sec. 224. Net guard.
Sec. 225. Cyber Security Enhancement Act of 2002.
Subtitle D--Office of Science and Technology
Sec. 231. Establishment of office; Director.
Sec. 232. Mission of office; duties.
Sec. 233. Definition of law enforcement technology.
Sec. 234. Abolishment of Office of Science and Technology of National
Institute of Justice; transfer of functions.
Sec. 235. National Law Enforcement and Corrections Technology Centers.
Sec. 236. Coordination with other entities within Department of
Justice.
Sec. 237. Amendments relating to National Institute of Justice.
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. Federally funded research and development centers.
Sec. 306. Miscellaneous provisions.
Sec. 307. Homeland Security Advanced Research Projects Agency.
Sec. 308. Conduct of research, development, demonstration, testing and
evaluation.
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. Homeland Security Science and Technology Advisory Committee.
Sec. 312. Homeland Security Institute.
Sec. 313. Technology clearinghouse to encourage and support innovative
solutions to enhance homeland security.
TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY
Subtitle A--Under Secretary for Border and Transportation Security
Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Responsibilities.
Sec. 403. Functions transferred.
Subtitle B--United States Customs Service
Sec. 411. Establishment; Commissioner of Customs.
Sec. 412. Retention of customs revenue functions by Secretary of the
Treasury.
Sec. 413. Preservation of customs funds.
Sec. 414. Separate budget request for customs.
Sec. 415. Definition.
Sec. 416. GAO report to Congress.
Sec. 417. Allocation of resources by the Secretary.
Sec. 418. Reports to Congress.
Sec. 419. Customs user fees.
Subtitle C--Miscellaneous Provisions
Sec. 421. Transfer of certain agricultural inspection functions of the
Department of Agriculture.
Sec. 422. Functions of Administrator of General Services.
Sec. 423. Functions of Transportation Security Administration.
Sec. 424. Preservation of Transportation Security Administration as a
distinct entity.
Sec. 425. Explosive detection systems.
Sec. 426. Transportation security.
Sec. 427. Coordination of information and information technology.
Sec. 428. Visa issuance.
Sec. 429. Information on visa denials required to be entered into
electronic data system.
Sec. 430. Office for Domestic Preparedness.
Subtitle D--Immigration Enforcement Functions
Sec. 441. Transfer of functions to Under Secretary for Border and
Transportation Security.
[[Page H8648]]
Sec. 442. Establishment of Bureau of Border Security.
Sec. 443. Professional responsibility and quality review.
Sec. 444. Employee discipline.
Sec. 445. Report on improving enforcement functions.
Sec. 446. Sense of Congress regarding construction of fencing near San
Diego, California.
Subtitle E--Citizenship and Immigration Services
Sec. 451. Establishment of Bureau of Citizenship and Immigration
Services.
Sec. 452. Citizenship and Immigration Services Ombudsman.
Sec. 453. Professional responsibility and quality review.
Sec. 454. Employee discipline.
Sec. 455. Effective date.
Sec. 456. Transition.
Sec. 457. Funding for citizenship and immigration services.
Sec. 458. Backlog elimination.
Sec. 459. Report on improving immigration services.
Sec. 460. Report on responding to fluctuating needs.
Sec. 461. Application of Internet-based technologies.
Sec. 462. Children's affairs.
Subtitle F--General Immigration Provisions
Sec. 471. Abolishment of INS.
Sec. 472. Voluntary separation incentive payments.
Sec. 473. Authority to conduct a demonstration project relating to
disciplinary action.
Sec. 474. Sense of Congress.
Sec. 475. Director of Shared Services.
Sec. 476. Separation of funding.
Sec. 477. Reports and implementation plans.
Sec. 478. Immigration functions.
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.
Sec. 507. Role of Federal Emergency Management Agency.
Sec. 508. Use of national private sector networks in emergency
response.
Sec. 509. Use of commercially available technology, goods, and
services.
TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS
Sec. 601. Treatment of charitable trusts for members of the Armed
Forces of the United States and other governmental
organizations.
TITLE VII--MANAGEMENT
Sec. 701. Under Secretary for Management.
Sec. 702. Chief Financial Officer.
Sec. 703. Chief Information Officer.
Sec. 704. Chief Human Capital Officer.
Sec. 705. Establishment of Officer for Civil Rights and Civil
Liberties.
Sec. 706. Consolidation and co-location of offices.
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
Subtitle A--Coordination with Non-Federal Entities
Sec. 801. Office for State and Local Government Coordination.
Subtitle B--Inspector General
Sec. 811. Authority of the Secretary.
Sec. 812. Law enforcement powers of Inspector General agents.
Subtitle C--United States Secret Service
Sec. 821. Functions transferred.
Subtitle D--Acquisitions
Sec. 831. Research and development projects.
Sec. 832. Personal services.
Sec. 833. Special streamlined acquisition authority.
Sec. 834. Unsolicited proposals.
Sec. 835. Prohibition on contracts with corporate expatriates.
Subtitle E--Human Resources Management
Sec. 841. Establishment of Human Resources Management System.
Sec. 842. Labor-management relations.
Subtitle F--Federal Emergency Procurement Flexibility
Sec. 851. Definition.
Sec. 852. Procurements for defense against or recovery from terrorism
or nuclear, biological, chemical, or radiological attack.
Sec. 853. Increased simplified acquisition threshold for procurements
in support of humanitarian or peacekeeping operations or
contingency operations.
Sec. 854. Increased micro-purchase threshold for certain procurements.
Sec. 855. Application of certain commercial items authorities to
certain procurements.
Sec. 856. Use of streamlined procedures.
Sec. 857. Review and report by Comptroller General.
Sec. 858. Identification of new entrants into the Federal marketplace.
Subtitle G--Support Anti-terrorism by Fostering Effective Technologies
Act of 2002
Sec. 861. Short title.
Sec. 862. Administration.
Sec. 863. Litigation management.
Sec. 864. Risk management.
Sec. 865. Definitions.
Subtitle H--Miscellaneous Provisions
Sec. 871. Advisory committees.
Sec. 872. Reorganization.
Sec. 873. Use of appropriated funds.
Sec. 874. Future Year Homeland Security Program.
Sec. 875. Miscellaneous authorities.
Sec. 876. Military activities.
Sec. 877. Regulatory authority and preemption.
Sec. 878. Counternarcotics officer.
Sec. 879. Office of International Affairs.
Sec. 880. Prohibition of the Terrorism Information and Prevention
System.
Sec. 881. Review of pay and benefit plans.
Sec. 882. Office for National Capital Region Coordination.
Sec. 883. Requirement to comply with laws protecting equal employment
opportunity and providing whistleblower protections.
Sec. 884. Federal Law Enforcement Training Center.
Sec. 885. Joint Interagency Task Force.
Sec. 886. Sense of Congress reaffirming the continued importance and
applicability of the Posse Comitatus Act.
Sec. 887. Coordination with the Department of Health and Human Services
under the Public Health Service Act.
Sec. 888. Preserving Coast Guard mission performance.
Sec. 889. Homeland security funding analysis in President's budget.
Sec. 890. Air Transportation Safety and System Stabilization Act.
Subtitle I--Information Sharing
Sec. 891. Short title; findings; and sense of Congress.
Sec. 892. Facilitating homeland security information sharing
procedures.
Sec. 893. Report.
Sec. 894. Authorization of appropriations.
Sec. 895. Authority to share grand jury information.
Sec. 896. Authority to share electronic, wire, and oral interception
information.
Sec. 897. Foreign intelligence information.
Sec. 898. Information acquired from an electronic surveillance.
Sec. 899. Information acquired from a physical search.
TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL
Sec. 901. National Homeland Security Council.
Sec. 902. Function.
Sec. 903. Membership.
Sec. 904. Other functions and activities.
Sec. 905. Staff composition.
Sec. 906. Relation to the National Security Council.
TITLE X--INFORMATION SECURITY
Sec. 1001. Information security.
Sec. 1002. Management of information technology.
Sec. 1003. National Institute of Standards and Technology.
Sec. 1004. Information Security and Privacy Advisory Board.
Sec. 1005. Technical and conforming amendments.
Sec. 1006. Construction.
TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS
Subtitle A--Executive Office for Immigration Review
Sec. 1101. Legal status of EOIR.
Sec. 1102. Authorities of the Attorney General.
Sec. 1103. Statutory construction.
Subtitle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to
the Department of Justice
Sec. 1111. Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Sec. 1112. Technical and conforming amendments.
Sec. 1113. Powers of agents of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives.
Sec. 1114. Explosives training and research facility.
Sec. 1115. Personnel management demonstration project.
Subtitle C--Explosives
Sec. 1121. Short title.
Sec. 1122. Permits for purchasers of explosives.
Sec. 1123. Persons prohibited from receiving or possessing explosive
materials.
Sec. 1124. Requirement to provide samples of explosive materials and
ammonium nitrate.
Sec. 1125. Destruction of property of institutions receiving Federal
financial assistance.
Sec. 1126. Relief from disabilities.
Sec. 1127. Theft reporting requirement.
Sec. 1128. Authorization of appropriations.
TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION
Sec. 1201. Air carrier liability for third party claims arising out of
acts of terrorism.
Sec. 1202. Extension of insurance policies.
[[Page H8649]]
Sec. 1203. Correction of reference.
Sec. 1204. Report.
TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT
Subtitle A--Chief Human Capital Officers
Sec. 1301. Short title.
Sec. 1302. Agency Chief Human Capital Officers.
Sec. 1303. Chief Human Capital Officers Council.
Sec. 1304. Strategic human capital management.
Sec. 1305. Effective date.
Subtitle B--Reforms Relating to Federal Human Capital Management
Sec. 1311. Inclusion of agency human capital strategic planning in
performance plans and programs performance reports.
Sec. 1312. Reform of the competitive service hiring process.
Sec. 1313. Permanent extension, revision, and expansion of authorities
for use of voluntary separation incentive pay and
voluntary early retirement.
Sec. 1314. Student volunteer transit subsidy.
Subtitle C--Reforms Relating to the Senior Executive Service
Sec. 1321. Repeal of recertification requirements of senior executives.
Sec. 1322. Adjustment of limitation on total annual compensation.
Subtitle D--Academic Training
Sec. 1331. Academic training.
Sec. 1332. Modifications to National Security Education Program.
TITLE XIV--ARMING PILOTS AGAINST TERRORISM
Sec. 1401. Short title.
Sec. 1402. Federal Flight Deck Officer Program.
Sec. 1403. Crew training.
Sec. 1404. Commercial airline security study.
Sec. 1405. Authority to arm flight deck crew with less-than-lethal
weapons.
Sec. 1406. Technical amendments.
TITLE XV--TRANSITION
Subtitle A--Reorganization Plan
Sec. 1501. Definitions.
Sec. 1502. Reorganization plan.
Sec. 1503. Review of congressional committee structures.
Subtitle B--Transitional Provisions
Sec. 1511. Transitional authorities.
Sec. 1512. Savings provisions.
Sec. 1513. Terminations.
Sec. 1514. National identification system not authorized.
Sec. 1515. Continuity of Inspector General oversight.
Sec. 1516. Incidental transfers.
Sec. 1517. Reference.
TITLE XVI--CORRECTIONS TO EXISTING LAW RELATING TO AIRLINE
TRANSPORTATION SECURITY
Sec. 1601. Retention of security sensitive information authority at
Department of Transportation.
Sec. 1602. Increase in civil penalties.
Sec. 1603. Allowing United States citizens and United States nationals
as screeners.
TITLE XVII--CONFORMING AND TECHNICAL AMENDMENTS
Sec. 1701. Inspector General Act of 1978.
Sec. 1702. Executive Schedule.
Sec. 1703. United States Secret Service.
Sec. 1704. Coast Guard.
Sec. 1705. Strategic national stockpile and smallpox vaccine
development.
Sec. 1706. Transfer of certain security and law enforcement functions
and authorities.
Sec. 1707. Transportation security regulations.
Sec. 1708. National Bio-Weapons Defense Analysis Center.
Sec. 1709. Collaboration with the Secretary of Homeland Security.
Sec. 1710. Railroad safety to include railroad security.
Sec. 1711. Hazmat safety to include hazmat security.
Sec. 1712. Office of Science and Technology Policy.
Sec. 1713. National Oceanographic Partnership Program.
Sec. 1714. Clarification of definition of manufacturer.
Sec. 1715. Clarification of definition of vaccine-related injury or
death.
Sec. 1716. Clarification of definition of vaccine.
Sec. 1717. Effective date.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Each of the terms ``American homeland'' and
``homeland'' means the United States.
(2) The term ``appropriate congressional committee'' means
any committee of the House of Representatives or the Senate
having legislative or oversight jurisdiction under the Rules
of the House of Representatives or the Senate, respectively,
over the matter concerned.
(3) The term ``assets'' includes contracts, facilities,
property, records, unobligated or unexpended balances of
appropriations, and other funds or resources (other than
personnel).
(4) The term ``critical infrastructure'' has the meaning
given that term in section 1016(e) of Public Law 107-56 (42
U.S.C. 5195c(e)).
(5) The term ``Department'' means the Department of
Homeland Security.
(6) The term ``emergency response providers'' includes
Federal, State, and local emergency public safety, law
enforcement, emergency response, emergency medical (including
hospital emergency facilities), and related personnel,
agencies, and authorities.
(7) 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.
(8) The term ``functions'' includes authorities, powers,
rights, privileges, immunities, programs, projects,
activities, duties, and responsibilities.
(9) The term ``key resources'' means publicly or privately
controlled resources essential to the minimal operations of
the economy and government.
(10) The term ``local government'' means--
(A) a county, municipality, city, town, township, local
public authority, school district, special district,
intrastate district, council of governments (regardless of
whether the council of governments is incorporated as a
nonprofit corporation under State law), regional or
interstate government entity, or agency or instrumentality of
a local government;
(B) an Indian tribe or authorized tribal organization, or
in Alaska a Native village or Alaska Regional Native
Corporation; and
(C) a rural community, unincorporated town or village, or
other public entity.
(11) The term ``major disaster'' has the meaning given in
section 102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
(12) The term ``personnel'' means officers and employees.
(13) The term ``Secretary'' means the Secretary of Homeland
Security.
(14) The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any
possession of the United States.
(15) The term ``terrorism'' means any activity that--
(A) involves an act that--
(i) is dangerous to human life or potentially destructive
of critical infrastructure or key resources; and
(ii) is a violation of the criminal laws of the United
States or of any State or other subdivision of the United
States; and
(B) appears to be intended--
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by
intimidation or coercion; or
(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping.
(16)(A) The term ``United States'', when used in a
geographic sense, means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, any possession of the United
States, and any waters within the jurisdiction of the United
States.
(B) Nothing in this paragraph or any other provision of
this Act shall be construed to modify the definition of
``United States'' for the purposes of the Immigration and
Nationality Act or any other immigration or nationality law.
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 60 days after the date of
enactment.
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) 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;
(C) minimize the damage, and assist in the recovery, from
terrorist attacks that do occur within the United States;
(D) carry out all functions of entities transferred to the
Department, including by acting as a focal point regarding
natural and manmade crises and emergency planning;
(E) ensure that the functions of the agencies and
subdivisions within the Department that are not related
directly to securing the homeland are not diminished or
neglected except by a specific explicit Act of Congress;
(F) ensure that the overall economic security of the United
States is not diminished by efforts, activities, and programs
aimed at securing the homeland; and
(G) monitor connections between illegal drug trafficking
and terrorism, coordinate
[[Page H8650]]
efforts to sever such connections, and otherwise contribute
to efforts to interdict illegal drug trafficking.
(2) Responsibility for Investigating and Prosecuting
Terrorism.--Except as specifically provided by law with
respect to entities transferred to the Department under this
Act, primary responsibility for investigating and prosecuting
acts of terrorism shall be vested not in the Department, but
rather in Federal, State, and local law enforcement agencies
with jurisdiction over the acts in question.
SEC. 102. SECRETARY; FUNCTIONS.
(a) Secretary.--
(1) In general.--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) Functions vested in secretary.--All functions of all
officers, employees, and organizational units of the
Department are vested in the Secretary.
(b) Functions.--The Secretary--
(1) except as otherwise provided by this Act, may delegate
any of the Secretary's functions to any officer, employee, or
organizational unit of the Department;
(2) shall have 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 the Secretary's responsibilities under this Act or
otherwise provided by law; and
(3) shall take reasonable steps to ensure that information
systems and databases of the Department are compatible with
each other and with appropriate databases of other
Departments.
(c) Coordination With Non-Federal Entities.--With respect
to homeland security, the Secretary shall coordinate through
the Office of State and Local Coordination (established under
section 801) (including the provision of training and
equipment) with State and local government personnel,
agencies, and authorities, with the private sector, and with
other entities, including by--
(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; and
(3) distributing or, as appropriate, coordinating the
distribution of, warnings and information to State and local
government personnel, agencies, and authorities and to the
public.
(d) Meetings of National Security Council.--The Secretary
may, subject to the direction of the President, attend and
participate in meetings of the National Security Council.
(e) Issuance of Regulations.--The issuance of regulations
by the Secretary shall be governed by the provisions of
chapter 5 of title 5, United States Code, except as
specifically provided in this Act, in laws granting
regulatory authorities that are transferred by this Act, and
in laws enacted after the date of enactment of this Act.
(f) Special Assistant to the Secretary.--The Secretary
shall appoint a Special Assistant to the Secretary who shall
be responsible for--
(1) creating and fostering strategic communications with
the private sector to enhance the primary mission of the
Department to protect the American homeland;
(2) advising the Secretary on the impact of the
Department's policies, regulations, processes, and actions on
the private sector;
(3) interfacing with other relevant Federal agencies with
homeland security missions to assess the impact of these
agencies' actions on the private sector;
(4) creating and managing private sector advisory councils
composed of representatives of industries and associations
designated by the Secretary to--
(A) advise the Secretary on private sector products,
applications, and solutions as they relate to homeland
security challenges; and
(B) advise the Secretary on homeland security policies,
regulations, processes, and actions that affect the
participating industries and associations;
(5) working with Federal laboratories, Federally funded
research and development centers, other Federally funded
organizations, academia, and the private sector to develop
innovative approaches to address homeland security challenges
to produce and deploy the best available technologies for
homeland security missions;
(6) promoting existing public-private partnerships and
developing new public-private partnerships to provide for
collaboration and mutual support to address homeland security
challenges; and
(7) assisting in the development and promotion of private
sector best practices to secure critical infrastructure.
(g) Standards Policy.--All standards activities of the
Department shall be conducted in accordance with section
12(d) of the National Technology Transfer Advancement Act of
1995 (15 U.S.C. 272 note) and Office of Management and Budget
Circular A-119.
SEC. 103. OTHER OFFICERS.
(a) Deputy Secretary; Under Secretaries.--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 subchapter
III of chapter 33 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) A Director of the Bureau of Citizenship and Immigration
Services.
(7) An Under Secretary for Management.
(8) Not more than 12 Assistant Secretaries.
(9) A General Counsel, who shall be the chief legal officer
of the department.
(b) Inspector General.--There is an Inspector General, who
shall be appointed as provided in section 3(a) of the
Inspector General Act of 1978.
(c) Commandant of the Coast Guard.--To assist the Secretary
in the performance of the Secretary's functions, there is a
Commandant of the Coast Guard, who shall be appointed as
provided in section 44 of title 14, United States Code, and
who shall report directly to the Secretary. In addition to
such duties as may be provided in this Act and as assigned to
the Commandant by the Secretary, the duties of the Commandant
shall include those required by section 2 of title 14, United
States Code.
(d) Other Officers.--To assist the Secretary in the
performance of the Secretary's functions, there are the
following officers, appointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Information Officer.
(3) A Chief Human Capital Officer.
(4) A Chief Financial Officer.
(5) An Officer for Civil Rights and Civil Liberties.
(e) Performance of Specific Functions.--Subject to the
provisions of this Act, every officer of the Department shall
perform the functions specified by law for the official's
office or prescribed by the Secretary.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Directorate for Information Analysis and Infrastructure
Protection; Access to Information
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 assigned by the
Secretary.
(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, 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 terrorist
threats to the homeland;
(B) detect and identify threats of terrorism against the
United States; 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
[[Page H8651]]
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 and support 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.
(5) To develop a comprehensive national plan for securing
the key resources and critical infrastructure of the United
States, including power production, generation, and
distribution systems, information technology and
telecommunications systems (including satellites), electronic
financial and property record storage and transmission
systems, emergency preparedness communications systems, and
the physical and technological assets that support such
systems.
(6) To recommend 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 advisories
related to threats to homeland security; 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 Act is protected
from unauthorized disclosure and handled and used only for
the performance of official duties; and
(B) any intelligence information under this Act is shared,
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 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 assigned by the Secretary, 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 XV,
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 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.
(5) The Federal Computer Incident Response Center of the
General Services Administration, including the functions of
the Administrator of General Services relating thereto.
(h) Inclusion of Certain Elements of the Department as
Elements of the Intelligence Community.--Section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401(a)) is amended--
(1) by striking ``and'' at the end of subparagraph (I);
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following new
subparagraph:
``(J) the elements of the Department of Homeland Security
concerned with the analyses of foreign intelligence
information; and''.
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 relating to threats of terrorism
against the United States and to other areas of
responsibility assigned by the Secretary, 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
[[Page H8652]]
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 assigned by the Secretary;
(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.
Subtitle B--Critical Infrastructure Information
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``Critical Infrastructure
Information Act of 2002''.
SEC. 212. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given it
in section 551 of title 5, United States Code.
(2) Covered federal agency.--The term ``covered Federal
agency'' means the Department of Homeland Security.
(3) Critical infrastructure information.--The term
``critical infrastructure information'' means information not
customarily in the public domain and related to the security
of critical infrastructure or protected systems--
(A) actual, potential, or threatened interference with,
attack on, compromise of, or incapacitation of critical
infrastructure or protected systems by either physical or
computer-based attack or other similar conduct (including the
misuse of or unauthorized access to all types of
communications and data transmission systems) that violates
Federal, State, or local law, harms interstate commerce of
the United States, or threatens public health or safety;
(B) the ability of any critical infrastructure or protected
system to resist such interference, compromise, or
incapacitation, including any planned or past assessment,
projection, or estimate of the vulnerability of critical
infrastructure or a protected system, including security
testing, risk evaluation thereto, risk management planning,
or risk audit; or
(C) any planned or past operational problem or solution
regarding critical infrastructure or protected systems,
including repair, recovery, reconstruction, insurance, or
continuity, to the extent it is related to such interference,
compromise, or incapacitation.
(4) Critical infrastructure protection program.--The term
``critical infrastructure protection program'' means any
component or bureau of a covered Federal agency that has been
designated by the President or any agency head to receive
critical infrastructure information.
(5) Information sharing and analysis organization.--The
term ``Information Sharing and Analysis Organization'' means
any formal or informal entity or collaboration created or
employed by public or private sector organizations, for
purposes of--
(A) gathering and analyzing critical infrastructure
information in order to better understand security problems
and interdependencies related to critical infrastructure and
protected systems, so as to ensure the availability,
integrity, and reliability thereof;
(B) communicating or disclosing critical infrastructure
information to help prevent, detect, mitigate, or recover
from the effects of a interference, compromise, or a
incapacitation problem related to critical infrastructure or
protected systems; and
(C) voluntarily disseminating critical infrastructure
information to its members, State, local, and Federal
Governments, or any other entities that may be of assistance
in carrying out the purposes specified in subparagraphs (A)
and (B).
(6) Protected system.--The term ``protected system''--
(A) means any service, physical or computer-based system,
process, or procedure that directly or indirectly affects the
viability of a facility of critical infrastructure; and
(B) includes any physical or computer-based system,
including a computer, computer system, computer or
communications network, or any component hardware or element
thereof, software program, processing instructions, or
information or data in transmission or storage therein,
irrespective of the medium of transmission or storage.
(7) Voluntary.--
(A) In general.--The term ``voluntary'', in the case of any
submittal of critical infrastructure information to a covered
Federal agency, means the submittal thereof in the absence of
such agency's exercise of legal authority to compel access to
or submission of such information and may be accomplished by
a single entity or an Information Sharing and Analysis
Organization on behalf of itself or its members.
(B) Exclusions.--The term ``voluntary''--
(i) in the case of any action brought under the securities
laws as is defined in section 3(a)(47) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(47))--
(I) does not include information or statements contained in
any documents or materials filed with the Securities and
Exchange Commission, or with Federal banking regulators,
pursuant to section 12(i) of the Securities Exchange Act of
1934 (15 U.S.C. 781(I)); and
(II) with respect to the submittal of critical
infrastructure information, does not include any disclosure
or writing that when made accompanied the solicitation of an
offer or a sale of securities; and
(ii) does not include information or statements submitted
or relied upon as a basis for making licensing or permitting
determinations, or during regulatory proceedings.
SEC. 213. DESIGNATION OF CRITICAL INFRASTRUCTURE PROTECTION
PROGRAM.
A critical infrastructure protection program may be
designated as such by one of the following:
(1) The President.
(2) The Secretary of Homeland Security.
SEC. 214. PROTECTION OF VOLUNTARILY SHARED CRITICAL
INFRASTRUCTURE INFORMATION.
(a) Protection.--
(1) In general.--Notwithstanding any other provision of
law, critical infrastructure information (including the
identity of the submitting person or entity) that is
voluntarily submitted to a covered Federal agency for use by
that agency regarding the security of critical infrastructure
and protected systems, analysis, warning, interdependency
study, recovery, reconstitution, or other informational
purpose, when accompanied by an express statement specified
in paragraph (2)--
(A) shall be exempt from disclosure under section 552 of
title 5, United States Code (commonly referred to as the
Freedom of Information Act);
(B) shall not be subject to any agency rules or judicial
doctrine regarding ex parte communications with a decision
making official;
(C) shall not, without the written consent of the person or
entity submitting such information, be used directly by such
agency, any other Federal, State, or local authority, or any
third party, in any civil action arising under Federal or
State law if such information is submitted in good faith;
(D) shall not, without the written consent of the person or
entity submitting such information, be used or disclosed by
any officer or employee of the United States for purposes
other than the purposes of this subtitle, except--
(i) in furtherance of an investigation or the prosecution
of a criminal act; or
(ii) when disclosure of the information would be--
(I) to either House of Congress, or to the extent of matter
within its jurisdiction, any committee or subcommittee
thereof, any joint committee thereof or subcommittee of any
such joint committee; or
(II) to the Comptroller General, or any authorized
representative of the Comptroller General, in the course of
the performance of the duties of the General Accounting
Office.
(E) shall not, if provided to a State or local government
or government agency--
(i) be made available pursuant to any State or local law
requiring disclosure of information or records;
[[Page H8653]]
(ii) otherwise be disclosed or distributed to any party by
said State or local government or government agency without
the written consent of the person or entity submitting such
information; or
(iii) be used other than for the purpose of protecting
critical infrastructure or protected systems, or in
furtherance of an investigation or the prosecution of a
criminal act; and
(F) does not constitute a waiver of any applicable
privilege or protection provided under law, such as trade
secret protection.
(2) Express statement.--For purposes of paragraph (1), the
term ``express statement'', with respect to information or
records, means--
(A) in the case of written information or records, a
written marking on the information or records substantially
similar to the following: ``This information is voluntarily
submitted to the Federal Government in expectation of
protection from disclosure as provided by the provisions of
the Critical Infrastructure Information Act of 2002.''; or
(B) in the case of oral information, a similar written
statement submitted within a reasonable period following the
oral communication.
(b) Limitation.--No communication of critical
infrastructure information to a covered Federal agency made
pursuant to this subtitle shall be considered to be an action
subject to the requirements of the Federal Advisory Committee
Act (5 U.S.C. App. 2).
(c) Independently Obtained Information.--Nothing in this
section shall be construed to limit or otherwise affect the
ability of a State, local, or Federal Government entity,
agency, or authority, or any third party, under applicable
law, to obtain critical infrastructure information in a
manner not covered by subsection (a), including any
information lawfully and properly disclosed generally or
broadly to the public and to use such information in any
manner permitted by law.
(d) Treatment of Voluntary Submittal of Information.--The
voluntary submittal to the Government of information or
records that are protected from disclosure by this subtitle
shall not be construed to constitute compliance with any
requirement to submit such information to a Federal agency
under any other provision of law.
(e) Procedures.--
(1) In general.--The Secretary of the Department of
Homeland Security shall, in consultation with appropriate
representatives of the National Security Council and the
Office of Science and Technology Policy, establish uniform
procedures for the receipt, care, and storage by Federal
agencies of critical infrastructure information that is
voluntarily submitted to the Government. The procedures shall
be established not later than 90 days after the date of the
enactment of this subtitle.
(2) Elements.--The procedures established under paragraph
(1) shall include mechanisms regarding--
(A) the acknowledgement of receipt by Federal agencies of
critical infrastructure information that is voluntarily
submitted to the Government;
(B) the maintenance of the identification of such
information as voluntarily submitted to the Government for
purposes of and subject to the provisions of this subtitle;
(C) the care and storage of such information; and
(D) the protection and maintenance of the confidentiality
of such information so as to permit the sharing of such
information within the Federal Government and with State and
local governments, and the issuance of notices and warnings
related to the protection of critical infrastructure and
protected systems, in such manner as to protect from public
disclosure the identity of the submitting person or entity,
or information that is proprietary, business sensitive,
relates specifically to the submitting person or entity, and
is otherwise not appropriately in the public domain.
(f) Penalties.--Whoever, being an officer or employee of
the United States or of any department or agency thereof,
knowingly publishes, divulges, discloses, or makes known in
any manner or to any extent not authorized by law, any
critical infrastructure information protected from disclosure
by this subtitle coming to him in the course of this
employment or official duties or by reason of any examination
or investigation made by, or return, report, or record made
to or filed with, such department or agency or officer or
employee thereof, shall be fined under title 18 of the United
States Code, imprisoned not more than 1 year, or both, and
shall be removed from office or employment.
(g) Authority To Issue Warnings.--The Federal Government
may provide advisories, alerts, and warnings to relevant
companies, targeted sectors, other governmental entities, or
the general public regarding potential threats to critical
infrastructure as appropriate. In issuing a warning, the
Federal Government shall take appropriate actions to protect
from disclosure--
(1) the source of any voluntarily submitted critical
infrastructure information that forms the basis for the
warning; or
(2) information that is proprietary, business sensitive,
relates specifically to the submitting person or entity, or
is otherwise not appropriately in the public domain.
(h) Authority To Delegate.--The President may delegate
authority to a critical infrastructure protection program,
designated under subsection (e), to enter into a voluntary
agreement to promote critical infrastructure security,
including with any Information Sharing and Analysis
Organization, or a plan of action as otherwise defined in
section 708 of the Defense Production Act of 1950 (50 U.S.C.
App. 2158).
SEC. 215. NO PRIVATE RIGHT OF ACTION.
Nothing in this subtitle may be construed to create a
private right of action for enforcement of any provision of
this Act.
Subtitle C--Information Security
SEC. 221. PROCEDURES FOR SHARING INFORMATION.
The Secretary shall establish procedures on the use of
information shared under this title that--
(1) limit the redissemination of such information to ensure
that it is not used for an unauthorized purpose;
(2) ensure the security and confidentiality of such
information;
(3) protect the constitutional and statutory rights of any
individuals who are subjects of such information; and
(4) provide data integrity through the timely removal and
destruction of obsolete or erroneous names and information.
SEC. 222. PRIVACY OFFICER.
The Secretary shall appoint a senior official in the
Department to assume primary responsibility for privacy
policy, including--
(1) assuring that the use of technologies sustain, and do
not erode, privacy protections relating to the use,
collection, and disclosure of personal information;
(2) assuring that personal information contained in Privacy
Act systems of records is handled in full compliance with
fair information practices as set out in the Privacy Act of
1974;
(3) evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personal
information by the Federal Government;
(4) conducting a privacy impact assessment of proposed
rules of the Department or that of the Department on the
privacy of personal information, including the type of
personal information collected and the number of people
affected; and
(5) preparing a report to Congress on an annual basis on
activities of the Department that affect privacy, including
complaints of privacy violations, implementation of the
Privacy Act of 1974, internal controls, and other matters.
SEC. 223. ENHANCEMENT OF NON-FEDERAL CYBERSECURITY.
In carrying out the responsibilities under section 201, the
Under Secretary for Information Analysis and Infrastructure
Protection shall--
(1) as appropriate, provide to State and local government
entities, and upon request to private entities that own or
operate critical information systems--
(A) analysis and warnings related to threats to, and
vulnerabilities of, critical information systems; and
(B) in coordination with the Under Secretary for Emergency
Preparedness and Response, crisis management support in
response to threats to, or attacks on, critical information
systems; and
(2) as appropriate, provide technical assistance, upon
request, to the private sector and other government entities,
in coordination with the Under Secretary for Emergency
Preparedness and Response, with respect to emergency recovery
plans to respond to major failures of critical information
systems.
SEC. 224. NET GUARD.
The Under Secretary for Information Analysis and
Infrastructure Protection may establish a national technology
guard, to be known as ``NET Guard'', comprised of local teams
of volunteers with expertise in relevant areas of science and
technology, to assist local communities to respond and
recover from attacks on information systems and
communications networks.
SEC. 225. CYBER SECURITY ENHANCEMENT ACT OF 2002.
(a) Short Title.--This section may be cited as the ``Cyber
Security Enhancement Act of 2002''.
(b) Amendment of Sentencing Guidelines Relating to Certain
Computer Crimes.--
(1) Directive to the united states sentencing commission.--
Pursuant to its authority under section 994(p) of title 28,
United States Code, and in accordance with this subsection,
the United States Sentencing Commission shall review and, if
appropriate, amend its guidelines and its policy statements
applicable to persons convicted of an offense under section
1030 of title 18, United States Code.
(2) Requirements.--In carrying out this subsection, the
Sentencing Commission shall--
(A) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offenses
described in paragraph (1), the growing incidence of such
offenses, and the need for an effective deterrent and
appropriate punishment to prevent such offenses;
(B) consider the following factors and the extent to which
the guidelines may or may not account for them--
(i) the potential and actual loss resulting from the
offense;
(ii) the level of sophistication and planning involved in
the offense;
(iii) whether the offense was committed for purposes of
commercial advantage or private financial benefit;
(iv) whether the defendant acted with malicious intent to
cause harm in committing the offense;
[[Page H8654]]
(v) the extent to which the offense violated the privacy
rights of individuals harmed;
(vi) whether the offense involved a computer used by the
government in furtherance of national defense, national
security, or the administration of justice;
(vii) whether the violation was intended to or had the
effect of significantly interfering with or disrupting a
critical infrastructure; and
(viii) whether the violation was intended to or had the
effect of creating a threat to public health or safety, or
injury to any person;
(C) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(D) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(E) make any necessary conforming changes to the sentencing
guidelines; and
(F) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
(c) Study and Report on Computer Crimes.--Not later than
May 1, 2003, the United States Sentencing Commission shall
submit a brief report to Congress that explains any actions
taken by the Sentencing Commission in response to this
section and includes any recommendations the Commission may
have regarding statutory penalties for offenses under section
1030 of title 18, United States Code.
(d) Emergency Disclosure Exception.--
(1) In general.--Section 2702(b) of title 18, United States
Code, is amended--
(A) in paragraph (5), by striking ``or'' at the end;
(B) in paragraph (6)(A), by inserting ``or'' at the end;
(C) by striking paragraph (6)(C); and
(D) by adding at the end the following:
``(7) to a Federal, State, or local governmental entity, if
the provider, in good faith, believes that an emergency
involving danger of death or serious physical injury to any
person requires disclosure without delay of communications
relating to the emergency.''.
(2) Reporting of disclosures.--A government entity that
receives a disclosure under section 2702(b) of title 18,
United States Code, shall file, not later than 90 days after
such disclosure, a report to the Attorney General stating the
paragraph of that section under which the disclosure was
made, the date of the disclosure, the entity to which the
disclosure was made, the number of customers or subscribers
to whom the information disclosed pertained, and the number
of communications, if any, that were disclosed. The Attorney
General shall publish all such reports into a single report
to be submitted to Congress 1 year after the date of
enactment of this Act.
(e) Good Faith Exception.--Section 2520(d)(3) of title 18,
United States Code, is amended by inserting ``or 2511(2)(i)''
after ``2511(3)''.
(f) Internet Advertising of Illegal Devices.--Section
2512(1)(c) of title 18, United States Code, is amended--
(1) by inserting ``or disseminates by electronic means''
after ``or other publication''; and
(2) by inserting ``knowing the content of the advertisement
and'' before ``knowing or having reason to know''.
(g) Strengthening Penalties.--Section 1030(c) of title 18,
United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) in each of subparagraphs (A) and (C) of paragraph (4),
by inserting ``except as provided in paragraph (5),'' before
``a fine under this title'';
(3) in paragraph (4)(C), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(5)(A) if the offender knowingly or recklessly causes or
attempts to cause serious bodily injury from conduct in
violation of subsection (a)(5)(A)(i), a fine under this title
or imprisonment for not more than 20 years, or both; and
``(B) if the offender knowingly or recklessly causes or
attempts to cause death from conduct in violation of
subsection (a)(5)(A)(i), a fine under this title or
imprisonment for any term of years or for life, or both.''.
(h) Provider Assistance.--
(1) Section 2703.--Section 2703(e) of title 18, United
States Code, is amended by inserting ``, statutory
authorization'' after ``subpoena''.
(2) Section 2511.--Section 2511(2)(a)(ii) of title 18,
United States Code, is amended by inserting ``, statutory
authorization,'' after ``court order'' the last place it
appears.
(i) Emergencies.--Section 3125(a)(1) of title 18, United
States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the comma at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(C) an immediate threat to a national security interest;
or
``(D) an ongoing attack on a protected computer (as defined
in section 1030) that constitutes a crime punishable by a
term of imprisonment greater than one year;''.
(j) Protecting Privacy.--
(1) Section 2511.--Section 2511(4) of title 18, United
States Code, is amended--
(A) by striking paragraph (b); and
(B) by redesignating paragraph (c) as paragraph (b).
(2) Section 2701.--Section 2701(b) of title 18, United
States Code, is amended--
(A) in paragraph (1), by inserting ``, or in furtherance of
any criminal or tortious act in violation of the Constitution
or laws of the United States or any State'' after
``commercial gain'';
(B) in paragraph (1)(A), by striking ``one year'' and
inserting ``5 years'';
(C) in paragraph (1)(B), by striking ``two years'' and
inserting ``10 years''; and
(D) by striking paragraph (2) and inserting the following:
``(2) in any other case--
``(A) a fine under this title or imprisonment for not more
than 1 year or both, in the case of a first offense under
this paragraph; and
``(B) a fine under this title or imprisonment for not more
than 5 years, or both, in the case of an offense under this
subparagraph that occurs after a conviction of another
offense under this section.''.
Subtitle D--Office of Science and Technology
SEC. 231. ESTABLISHMENT OF OFFICE; DIRECTOR.
(a) Establishment.--
(1) In general.--There is hereby established within the
Department of Justice an Office of Science and Technology
(hereinafter in this title referred to as the ``Office'').
(2) Authority.--The Office shall be under the general
authority of the Assistant Attorney General, Office of
Justice Programs, and shall be established within the
National Institute of Justice.
(b) Director.--The Office shall be headed by a Director,
who shall be an individual appointed based on approval by the
Office of Personnel Management of the executive
qualifications of the individual.
SEC. 232. MISSION OF OFFICE; DUTIES.
(a) Mission.--The mission of the Office shall be--
(1) to serve as the national focal point for work on law
enforcement technology; and
(2) to carry out programs that, through the provision of
equipment, training, and technical assistance, improve the
safety and effectiveness of law enforcement technology and
improve access to such technology by Federal, State, and
local law enforcement agencies.
(b) Duties.--In carrying out its mission, the Office shall
have the following duties:
(1) To provide recommendations and advice to the Attorney
General.
(2) To establish and maintain advisory groups (which shall
be exempt from the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.)) to assess the law enforcement
technology needs of Federal, State, and local law enforcement
agencies.
(3) To establish and maintain performance standards in
accordance with the National Technology Transfer and
Advancement Act of 1995 (Public Law 104-113) for, and test
and evaluate law enforcement technologies that may be used
by, Federal, State, and local law enforcement agencies.
(4) To establish and maintain a program to certify,
validate, and mark or otherwise recognize law enforcement
technology products that conform to standards established and
maintained by the Office in accordance with the National
Technology Transfer and Advancement Act of 1995 (Public Law
104-113). The program may, at the discretion of the Office,
allow for supplier's declaration of conformity with such
standards.
(5) To work with other entities within the Department of
Justice, other Federal agencies, and the executive office of
the President to establish a coordinated Federal approach on
issues related to law enforcement technology.
(6) To carry out research, development, testing,
evaluation, and cost-benefit analyses in fields that would
improve the safety, effectiveness, and efficiency of law
enforcement technologies used by Federal, State, and local
law enforcement agencies, including, but not limited to--
(A) weapons capable of preventing use by unauthorized
persons, including personalized guns;
(B) protective apparel;
(C) bullet-resistant and explosion-resistant glass;
(D) monitoring systems and alarm systems capable of
providing precise location information;
(E) wire and wireless interoperable communication
technologies;
(F) tools and techniques that facilitate investigative and
forensic work, including computer forensics;
(G) equipment for particular use in counterterrorism,
including devices and technologies to disable terrorist
devices;
(H) guides to assist State and local law enforcement
agencies;
(I) DNA identification technologies; and
(J) tools and techniques that facilitate investigations of
computer crime.
(7) To administer a program of research, development,
testing, and demonstration to improve the interoperability of
voice and data public safety communications.
(8) To serve on the Technical Support Working Group of the
Department of Defense, and on other relevant interagency
panels, as requested.
(9) To develop, and disseminate to State and local law
enforcement agencies, technical assistance and training
materials for
[[Page H8655]]
law enforcement personnel, including prosecutors.
(10) To operate the regional National Law Enforcement and
Corrections Technology Centers and, to the extent necessary,
establish additional centers through a competitive process.
(11) To administer a program of acquisition, research,
development, and dissemination of advanced investigative
analysis and forensic tools to assist State and local law
enforcement agencies in combating cybercrime.
(12) To support research fellowships in support of its
mission.
(13) To serve as a clearinghouse for information on law
enforcement technologies.
(14) To represent the United States and State and local law
enforcement agencies, as requested, in international
activities concerning law enforcement technology.
(15) To enter into contracts and cooperative agreements and
provide grants, which may require in-kind or cash matches
from the recipient, as necessary to carry out its mission.
(16) To carry out other duties assigned by the Attorney
General to accomplish the mission of the Office.
(c) Competition Required.--Except as otherwise expressly
provided by law, all research and development carried out by
or through the Office shall be carried out on a competitive
basis.
(d) Information From Federal Agencies.--Federal agencies
shall, upon request from the Office and in accordance with
Federal law, provide the Office with any data, reports, or
other information requested, unless compliance with such
request is otherwise prohibited by law.
(e) Publications.--Decisions concerning publications issued
by the Office shall rest solely with the Director of the
Office.
(f) Transfer of Funds.--The Office may transfer funds to
other Federal agencies or provide funding to non-Federal
entities through grants, cooperative agreements, or contracts
to carry out its duties under this section.
(g) Annual Report.--The Director of the Office shall
include with the budget justification materials submitted to
Congress in support of the Department of Justice budget for
each fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code) a report on the activities of the Office. Each such
report shall include the following:
(1) For the period of 5 fiscal years beginning with the
fiscal year for which the budget is submitted--
(A) the Director's assessment of the needs of Federal,
State, and local law enforcement agencies for assistance with
respect to law enforcement technology and other matters
consistent with the mission of the Office; and
(B) a strategic plan for meeting such needs of such law
enforcement agencies.
(2) For the fiscal year preceding the fiscal year for which
such budget is submitted, a description of the activities
carried out by the Office and an evaluation of the extent to
which those activities successfully meet the needs assessed
under paragraph (1)(A) in previous reports.
SEC. 233. DEFINITION OF LAW ENFORCEMENT TECHNOLOGY.
For the purposes of this title, the term ``law enforcement
technology'' includes investigative and forensic
technologies, corrections technologies, and technologies that
support the judicial process.
SEC. 234. ABOLISHMENT OF OFFICE OF SCIENCE AND TECHNOLOGY OF
NATIONAL INSTITUTE OF JUSTICE; TRANSFER OF
FUNCTIONS.
(a) Authority To Transfer Functions.--The Attorney General
may transfer to the Office any other program or activity of
the Department of Justice that the Attorney General, in
consultation with the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives, determines to be consistent with the mission
of the Office.
(b) Transfer of Personnel and Assets.--With respect to any
function, power, or duty, or any program or activity, that is
established in the Office, those employees and assets of the
element of the Department of Justice from which the transfer
is made that the Attorney General determines are needed to
perform that function, power, or duty, or for that program or
activity, as the case may be, shall be transferred to the
Office.
(c) Report on Implementation.--Not later than 1 year after
the date of the enactment of this Act, the Attorney General
shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report on the implementation of this title.
The report shall--
(1) provide an accounting of the amounts and sources of
funding available to the Office to carry out its mission
under existing authorizations and appropriations, and set
forth the future funding needs of the Office; and
(2) include such other information and recommendations as
the Attorney General considers appropriate.
SEC. 235. NATIONAL LAW ENFORCEMENT AND CORRECTIONS TECHNOLOGY
CENTERS.
(a) In General.--The Director of the Office shall operate
and support National Law Enforcement and Corrections
Technology Centers (hereinafter in this section referred to
as ``Centers'') and, to the extent necessary, establish new
centers through a merit-based, competitive process.
(b) Purpose of Centers.--The purpose of the Centers shall
be to--
(1) support research and development of law enforcement
technology;
(2) support the transfer and implementation of technology;
(3) assist in the development and dissemination of
guidelines and technological standards; and
(4) provide technology assistance, information, and support
for law enforcement, corrections, and criminal justice
purposes.
(c) Annual Meeting.--Each year, the Director shall convene
a meeting of the Centers in order to foster collaboration and
communication between Center participants.
(d) Report.--Not later than 12 months after the date of the
enactment of this Act, the Director shall transmit to the
Congress a report assessing the effectiveness of the existing
system of Centers and identify the number of Centers
necessary to meet the technology needs of Federal, State, and
local law enforcement in the United States.
SEC. 236. COORDINATION WITH OTHER ENTITIES WITHIN DEPARTMENT
OF JUSTICE.
Section 102 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3712) is amended in subsection (a)(5)
by inserting ``coordinate and'' before ``provide''.
SEC. 237. AMENDMENTS RELATING TO NATIONAL INSTITUTE OF
JUSTICE.
Section 202(c) of the Omnibus Crime Control and Safety
Streets Act of 1968 (42 U.S.C. 3722(c)) is amended--
(1) in paragraph (3) by inserting ``, including cost
effectiveness where practical,'' before ``of projects''; and
(2) by striking ``and'' after the semicolon at the end of
paragraph (8), striking the period at the end of paragraph
(9) and inserting ``; and'', and by adding at the end the
following:
``(10) research and development of tools and technologies
relating to prevention, detection, investigation, and
prosecution of crime; and
``(11) support research, development, testing, training,
and evaluation of tools and technology for Federal, State,
and local law enforcement agencies.''.
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.
The Secretary, acting through the Under Secretary for
Science and Technology, shall have the responsibility for--
(1) advising the Secretary regarding research and
development efforts and priorities in support of the
Department's missions;
(2) developing, in consultation with other appropriate
executive agencies, a national policy and strategic plan for,
identifying priorities, goals, objectives and policies for,
and coordinating the Federal Government's civilian efforts to
identify and develop countermeasures to chemical, biological,
radiological, nuclear, and other emerging terrorist threats,
including the development of comprehensive, research-based
definable goals for such efforts and development of annual
measurable objectives and specific targets to accomplish and
evaluate the goals for such efforts;
(3) supporting the Under Secretary for Information Analysis
and Infrastructure Protection, by assessing and testing
homeland security vulnerabilities and possible threats;
(4) conducting basic and applied research, development,
demonstration, testing, and evaluation activities that are
relevant to any or all elements of the Department, through
both intramural and extramural programs, except that such
responsibility does not extend to human health-related
research and development activities;
(5) establishing priorities for, directing, funding, and
conducting national research, development, test and
evaluation, and procurement of technology and systems for--
(A) preventing the importation of chemical, biological,
radiological, nuclear, and related weapons and material; and
(B) 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 work agreements, joint sponsorships,
contracts, or any other 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 and the
Attorney General as provided in section 212 of the
Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C.
8401), as amended by section 1709(b);
(9) collaborating with the Secretary of Health and Human
Services and the Attorney General in determining any new
biological agents and toxins that shall be listed as ``select
agents'' in Appendix A of part 72 of
[[Page H8656]]
title 42, Code of Federal Regulations, pursuant to section
351A of the Public Health Service Act (42 U.S.C. 262a);
(10) supporting United States leadership in science and
technology;
(11) establishing and administering the primary research
and development activities of the Department, including the
long-term research and development needs and capabilities for
all elements of the Department;
(12) coordinating and integrating all research,
development, demonstration, testing, and evaluation
activities of the Department;
(13) coordinating with other appropriate executive agencies
in developing and carrying out the science and technology
agenda of the Department to reduce duplication and identify
unmet needs; and
(14) developing and overseeing the administration of
guidelines for merit review of research and development
projects throughout the Department, and for the dissemination
of research conducted or sponsored by the Department.
SEC. 303. FUNCTIONS TRANSFERRED.
In accordance with title XV, 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, as provided in section 310.
SEC. 304. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED
ACTIVITIES.
(a) In General.--With respect to civilian human health-
related research and development activities relating to
countermeasures for 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, goals, objectives, and
policies and develop a coordinated strategy for such
activities in collaboration with the Secretary of Homeland
Security to ensure consistency with the national policy and
strategic plan developed pursuant to section 302(2).
(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.
(c) Administration of Countermeasures Against Smallpox.--
Section 224 of the Public Health Service Act (42 U.S.C. 233)
is amended by adding the following:
``(p) Administration of Smallpox Countermeasures by Health
Professionals.--
``(1) In general.--For purposes of this section, and
subject to other provisions of this subsection, a covered
person shall be deemed to be an employee of the Public Health
Service with respect to liability arising out of
administration of a covered countermeasure against smallpox
to an individual during the effective period of a declaration
by the Secretary under paragraph (2)(A).
``(2) Declaration by secretary concerning countermeasure
against smallpox.--
``(A) Authority to issue declaration.--
``(i) In general.--The Secretary may issue a declaration,
pursuant to this paragraph, concluding that an actual or
potential bioterrorist incident or other actual or potential
public health emergency makes advisable the administration of
a covered countermeasure to a category or categories of
individuals.
``(ii) Covered countermeasure.--The Secretary shall specify
in such declaration the substance or substances that shall be
considered covered countermeasures (as defined in paragraph
(8)(A)) for purposes of administration to individuals during
the effective period of the declaration.
``(iii) Effective period.--The Secretary shall specify in
such declaration the beginning and ending dates of the
effective period of the declaration, and may subsequently
amend such declaration to shorten or extend such effective
period, provided that the new closing date is after the date
when the declaration is amended.
``(iv) Publication.--The Secretary shall promptly publish
each such declaration and amendment in the Federal Register.
``(B) Liability of united states only for administrations
within scope of declaration.--Except as provided in paragraph
(5)(B)(ii), the United States shall be liable under this
subsection with respect to a claim arising out of the
administration of a covered countermeasure to an individual
only if--
``(i) the countermeasure was administered by a qualified
person, for a purpose stated in paragraph (7)(A)(i), and
during the effective period of a declaration by the Secretary
under subparagraph (A) with respect to such countermeasure;
and
``(ii)(I) the individual was within a category of
individuals covered by the declaration; or
``(II) the qualified person administering the
countermeasure had reasonable grounds to believe that such
individual was within such category.
``(C) Presumption of administration within scope of
declaration in case of accidental vaccinia inoculation.--
``(i) In general.--If vaccinia vaccine is a covered
countermeasure specified in a declaration under subparagraph
(A), and an individual to whom the vaccinia vaccine is not
administered contracts vaccinia, then, under the
circumstances specified in clause (ii), the individual--
``(I) shall be rebuttably presumed to have contracted
vaccinia from an individual to whom such vaccine was
administered as provided by clauses (i) and (ii) of
subparagraph (B); and
``(II) shall (unless such presumption is rebutted) be
deemed for purposes of this subsection to be an individual to
whom a covered countermeasure was administered by a qualified
person in accordance with the terms of such declaration and
as described by subparagraph (B).
``(ii) Circumstances in which presumption applies.--The
presumption and deeming stated in clause (i) shall apply if--
``(I) the individual contracts vaccinia during the
effective period of a declaration under subparagraph (A) or
by the date 30 days after the close of such period; or
``(II) the individual resides or has resided with an
individual to whom such vaccine was administered as provided
by clauses (i) and (ii) of subparagraph (B) and contracts
vaccinia after such date.
``(3) Exclusivity of remedy.--The remedy provided by
subsection (a) shall be exclusive of any other civil action
or proceeding for any claim or suit this subsection
encompasses.
``(4) Certification of action by attorney general.--
Subsection (c) applies to actions under this subsection,
subject to the following provisions:
``(A) Nature of certification.--The certification by the
Attorney General that is the basis for deeming an action or
proceeding to be against the United States, and for removing
an action or proceeding from a State court, is a
certification that the action or proceeding is against a
covered person and is based upon a claim alleging personal
injury or death arising out of the administration of a
covered countermeasure.
``(B) Certification of attorney general conclusive.--The
certification of the Attorney General of the facts specified
in subparagraph (A) shall conclusively establish such facts
for purposes of jurisdiction pursuant to this subsection.
``(5) Defendant to cooperate with united states.--
``(A) In general.--A covered person shall cooperate with
the United States in the processing and defense of a claim or
action under this subsection based upon alleged acts or
omissions of such person.
``(B) Consequences of failure to cooperate.--Upon the
motion of the United States or any other party and upon
finding that such person has failed to so cooperate--
``(i) the court shall substitute such person as the party
defendant in place of the United States and, upon motion,
shall remand any such suit to the court in which it was
instituted if it appears that the court lacks subject matter
jurisdiction;
``(ii) the United States shall not be liable based on the
acts or omissions of such person; and
``(iii) the Attorney General shall not be obligated to
defend such action.
``(6) Recourse against covered person in case of gross
misconduct or contract violation.--
``(A) In general.--Should payment be made by the United
States to any claimant bringing a claim under this
subsection, either by way of administrative determination,
settlement, or court judgment, the United States shall have,
notwithstanding any provision of State law, the right to
recover for that portion of the damages so awarded or paid,
as well as interest and any costs of litigation, resulting
from the failure of any covered person to carry out any
obligation or responsibility assumed by such person under a
contract with the United States or from any grossly
negligent, reckless, or illegal conduct or willful misconduct
on the part of such person.
``(B) Venue.--The United States may maintain an action
under this paragraph against such person in the district
court of the
[[Page H8657]]
United States in which such person resides or has its
principal place of business.
``(7) Definitions.--As used in this subsection, terms have
the following meanings:
``(A) Covered countermeasure.--The term `covered
countermeasure', or `covered countermeasure against
smallpox', means a substance that is--
``(i)(I) used to prevent or treat smallpox (including the
vaccinia or another vaccine); or
``(II) vaccinia immune globulin used to control or treat
the adverse effects of vaccinia inoculation; and
``(ii) specified in a declaration under paragraph (2).
``(B) Covered person.--The term `covered person', when used
with respect to the administration of a covered
countermeasure, includes any person who is--
``(i) a manufacturer or distributor of such countermeasure;
``(ii) a health care entity under whose auspices such
countermeasure was administered;
``(iii) a qualified person who administered such
countermeasure; or
``(iv) an official, agent, or employee of a person
described in clause (i), (ii), or (iii).
``(C) Qualified person.--The term `qualified person', when
used with respect to the administration of a covered
countermeasure, means a licensed health professional or other
individual who is authorized to administer such
countermeasure under the law of the State in which the
countermeasure was administered.''.
SEC. 305. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
The Secretary, acting through the Under Secretary for
Science and Technology, shall have the authority to establish
or contract with 1 or more federally funded research and
development centers to provide independent analysis of
homeland security issues, or to carry out other
responsibilities under this Act, including coordinating and
integrating both the extramural and intramural programs
described in section 308.
SEC. 306. MISCELLANEOUS PROVISIONS.
(a) Classification.--To the greatest extent practicable,
research conducted or supported by the Department shall be
unclassified.
(b) Construction.--Nothing in this title shall be construed
to preclude any Under Secretary of the Department from
carrying out research, development, demonstration, or
deployment activities, as long as such activities are
coordinated through the Under Secretary for Science and
Technology.
(c) Regulations.--The Secretary, acting through the Under
Secretary for Science and Technology, may issue necessary
regulations with respect to research, development,
demonstration, testing, and evaluation activities of the
Department, including the conducting, funding, and reviewing
of such activities.
(d) Notification of Presidential Life Sciences
Designations.--Not later than 60 days before effecting any
transfer of Department of Energy life sciences activities
pursuant to section 303(1)(D) of this Act, the President
shall notify the appropriate congressional committees of the
proposed transfer and shall include the reasons for the
transfer and a description of the effect of the transfer on
the activities of the Department of Energy.
SEC. 307. 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 in subsection (c).
(2) Homeland security research.--The term ``homeland
security research'' means research relevant to 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 in
subsection (b).
(4) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Science and Technology.
(b) HSARPA.--
(1) Establishment.--There is established the Homeland
Security Advanced Research Projects Agency.
(2) Director.--HSARPA shall be headed by a Director, who
shall be appointed by the Secretary. The Director shall
report to the Under Secretary.
(3) Responsibilities.--The Director shall administer the
Fund to award competitive, merit-reviewed grants, cooperative
agreements or contracts to public or private entities,
including businesses, federally funded research and
development centers, and universities. The Director shall
administer the Fund to--
(A) support basic and applied homeland security research to
promote revolutionary changes in technologies that would
promote homeland security;
(B) advance the development, testing and evaluation, and
deployment of critical homeland security technologies; and
(C) accelerate the prototyping and deployment of
technologies that would address homeland security
vulnerabilities.
(4) Targeted competitions.--The Director may solicit
proposals to address specific vulnerabilities identified by
the Director.
(5) Coordination.--The Director shall ensure that the
activities of HSARPA are coordinated with those of other
relevant research agencies, and may run projects jointly with
other agencies.
(6) Personnel.--In hiring personnel for HSARPA, the
Secretary shall have the 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). 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.
(7) Demonstrations.--The Director, periodically, shall hold
homeland security technology demonstrations to improve
contact among technology developers, vendors and acquisition
personnel.
(c) Fund.--
(1) Establishment.--There is established the Acceleration
Fund for Research and Development of Homeland Security
Technologies, which shall be administered by the Director of
HSARPA.
(2) 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 thereafter.
(3) Coast guard.--Of the funds authorized to be
appropriated under paragraph (2), 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.
SEC. 308. CONDUCT OF RESEARCH, DEVELOPMENT, DEMONSTRATION,
TESTING AND EVALUATION.
(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall carry out the
responsibilities under section 302(4) through both extramural
and intramural programs.
(b) Extramural Programs.--
(1) In general.--The Secretary, acting through the Under
Secretary for Science and Technology, shall operate
extramural research, development, demonstration, testing, and
evaluation programs so as to--
(A) ensure that colleges, universities, private research
institutes, and companies (and consortia thereof) from as
many areas of the United States as practicable participate;
(B) ensure that the research funded is of high quality, as
determined through merit review processes developed under
section 302(14); and
(C) distribute funds through grants, cooperative
agreements, and contracts.
(2) University-based centers for homeland security.--
(A) Establishment.--The Secretary, acting through the Under
Secretary for Science and Technology, shall establish within
1 year of the date of enactment of this Act a university-
based center or centers for homeland security. The purpose of
this center or centers shall be to establish a coordinated,
university-based system to enhance the Nation's homeland
security.
(B) Criteria for selection.--In selecting colleges or
universities as centers for homeland security, the Secretary
shall consider the following criteria:
(i) Demonstrated expertise in the training of first
responders.
(ii) Demonstrated expertise in responding to incidents
involving weapons of mass destruction and biological warfare.
(iii) Demonstrated expertise in emergency medical services.
(iv) Demonstrated expertise in chemical, biological,
radiological, and nuclear countermeasures.
(v) Strong affiliations with animal and plant diagnostic
laboratories.
(vi) Demonstrated expertise in food safety.
(vii) Affiliation with Department of Agriculture
laboratories or training centers.
(viii) Demonstrated expertise in water and wastewater
operations.
(ix) Demonstrated expertise in port and waterway security.
(x) Demonstrated expertise in multi-modal transportation.
(xi) Nationally recognized programs in information
security.
(xii) Nationally recognized programs in engineering.
(xiii) Demonstrated expertise in educational outreach and
technical assistance.
(xiv) Demonstrated expertise in border transportation and
security.
(xv) Demonstrated expertise in interdisciplinary public
policy research and communication outreach regarding science,
technology, and public policy.
(C) Discretion of secretary.--The Secretary shall have the
discretion to establish such centers and to consider
additional criteria as necessary to meet the evolving needs
of homeland security and shall report to Congress concerning
the implementation of this paragraph as necessary.
(D) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this paragraph.
(c) Intramural Programs.--
(1) Consultation.--In carrying out the duties under section
302, the Secretary, acting through the Under Secretary for
Science and Technology, may draw upon the expertise of
[[Page H8658]]
any laboratory of the Federal Government, whether operated by
a contractor or the Government.
(2) Laboratories.--The Secretary, acting through the Under
Secretary for Science and Technology, may establish a
headquarters laboratory for the Department at any laboratory
or site and may establish additional laboratory units at
other laboratories or sites.
(3) Criteria for headquarters laboratory.--If the Secretary
chooses to establish a headquarters laboratory pursuant to
paragraph (2), then the Secretary shall do the following:
(A) Establish criteria for the selection of the
headquarters laboratory in consultation with the National
Academy of Sciences, appropriate Federal agencies, and other
experts.
(B) Publish the criteria in the Federal Register.
(C) Evaluate all appropriate laboratories or sites against
the criteria.
(D) Select a laboratory or site on the basis of the
criteria.
(E) Report to the appropriate congressional committees on
which laboratory was selected, how the selected laboratory
meets the published criteria, and what duties the
headquarters laboratory shall perform.
(4) Limitation on operation of laboratories.--No laboratory
shall begin operating as the headquarters laboratory of the
Department until at least 30 days after the transmittal of
the report required by paragraph (3)(E).
SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL
LABORATORIES AND SITES IN SUPPORT OF HOMELAND
SECURITY ACTIVITIES.
(a) Authority to Utilize National Laboratories and Sites.--
(1) In general.--In carrying out the missions of the
Department, the Secretary may utilize the Department of
Energy national laboratories and sites through any 1 or more
of the following methods, as the Secretary considers
appropriate:
(A) A joint sponsorship arrangement referred to in
subsection (b).
(B) A direct contract between the Department and the
applicable Department of Energy laboratory or site, subject
to subsection (c).
(C) Any ``work for others'' basis made available by that
laboratory or site.
(D) Any other method provided by law.
(2) Acceptance and Performance by Labs and Sites.--
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 and perform work for the
Secretary, consistent with resources provided, and perform
such work on an equal basis to other missions at the
laboratory and not on a noninterference basis with other
missions of such laboratory or site.
(b) Joint Sponsorship Arrangements.--
(1) Laboratories.--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.
(2) Sites.--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.
(3) Primary sponsor.--The Department of Energy shall be the
primary sponsor under a multiple agency sponsorship
arrangement referred to in paragraph (1) or (2).
(4) Lead agent.--The Secretary of Energy shall act as the
lead agent in coordinating the formation and performance of a
joint sponsorship arrangement under this subsection between
the Department and a Department of Energy national laboratory
or site.
(5) Federal acquisition regulation.--Any work performed by
a Department of Energy national laboratory or site under a
joint sponsorship arrangement under this subsection shall
comply with the policy on the use of federally funded
research and development centers under the Federal
Acquisition Regulations.
(6) Funding.--The Department shall provide funds for work
at the Department of Energy national laboratories or sites,
as the case may be, under a joint sponsorship arrangement
under this subsection 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 this subsection.
(c) Separate Contracting.--To the extent that programs or
activities transferred by this Act from the Department of
Energy to the Department of Homeland Security are being
carried out through direct contracts with the operator of a
national laboratory or site of the Department of Energy, the
Secretary of Homeland Security and the Secretary of Energy
shall ensure that direct contracts for such programs and
activities between the Department of Homeland Security and
such operator are separate from the direct contracts of the
Department of Energy with such operator.
(d) Authority With Respect to Cooperative Research and
Development Agreements and Licensing Agreements.--In
connection with any utilization of the Department of Energy
national laboratories and sites under this section, the
Secretary may permit the director of any such 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 that Act (15 U.S.C. 3710, 3710a).
(e) Reimbursement of Costs.--In the case of an activity
carried out by the operator of a Department of Energy
national laboratory or site in connection with any
utilization of such laboratory or site under this section,
the Department of Homeland Security shall reimburse the
Department of Energy for costs of such activity through a
method under which the Secretary of Energy waives any
requirement for the Department of Homeland Security to pay
administrative charges or personnel costs of the Department
of Energy or its contractors in excess of the amount that the
Secretary of Energy pays for an activity carried out by such
contractor and paid for by the Department of Energy.
(f) Laboratory Directed Research and Development by the
Department of Energy.--No funds authorized to be appropriated
or otherwise made available to the Department in any fiscal
year may be obligated or expended for laboratory directed
research and development activities carried out by the
Department of Energy unless such activities support the
missions of the Department of Homeland Security.
(g) 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 under this section in a
manner to create a networked laboratory system for the
purpose of supporting the missions of the Department.
(h) Department of Energy Coordination on Homeland Security
Related Research.--The Secretary of Energy shall ensure that
any research, development, test, and evaluation activities
conducted within the Department of Energy that are directly
or indirectly related to homeland security are fully
coordinated with the Secretary to minimize duplication of
effort and maximize the effective application of Federal
budget resources.
SEC. 310. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER,
DEPARTMENT OF AGRICULTURE.
(a) In General.--In accordance with title XV, 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 1501.
SEC. 311. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY
COMMITTEE.
(a) Establishment.--There is established within the
Department a Homeland Security Science and Technology
Advisory Committee (in this section referred to as the
``Advisory Committee''). The Advisory Committee shall make
recommendations with respect to the activities of the Under
Secretary for Science and Technology, including identifying
research areas of potential importance to the security of the
Nation.
(b) Membership.--
(1) Appointment.--The Advisory Committee shall consist of
20 members appointed by the Under Secretary for Science and
Technology, which shall include emergency first-responders or
representatives of organizations or associations of emergency
first-responders. The Advisory Committee shall also include
representatives of citizen groups, including economically
disadvantaged communities. The individuals appointed as
members of the Advisory Committee--
(A) shall be eminent in fields such as emergency response,
research, engineering, new product development, business, and
management consulting;
(B) shall be selected solely on the basis of established
records of distinguished service;
(C) shall not be employees of the Federal Government; and
[[Page H8659]]
(D) shall be so selected as to provide representation of a
cross-section of the research, development, demonstration,
and deployment activities supported by the Under Secretary
for Science and Technology.
(2) National research council.--The Under Secretary for
Science and Technology may enter into an arrangement for the
National Research Council to select members of the Advisory
Committee, but only if the panel used by the National
Research Council reflects the representation described in
paragraph (1).
(c) Terms of Office.--
(1) In general.--Except as otherwise provided in this
subsection, the term of office of each member of the Advisory
Committee shall be 3 years.
(2) Original appointments.--The original members of the
Advisory Committee shall be appointed to three classes of
three members each. One class shall have a term of 1 year, 1
a term of 2 years, and the other a term of 3 years.
(3) Vacancies.--A member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed for the
remainder of such term.
(d) Eligibility.--A person who has completed two
consecutive full terms of service on the Advisory Committee
shall thereafter be ineligible for appointment during the 1-
year period following the expiration of the second such term.
(e) Meetings.--The Advisory Committee shall meet at least
quarterly at the call of the Chair or whenever one-third of
the members so request in writing. Each member shall be given
appropriate notice of the call of each meeting, whenever
possible not less than 15 days before the meeting.
(f) Quorum.--A majority of the members of the Advisory
Committee not having a conflict of interest in the matter
being considered by the Advisory Committee shall constitute a
quorum.
(g) Conflict of Interest Rules.--The Advisory Committee
shall establish rules for determining when 1 of its members
has a conflict of interest in a matter being considered by
the Advisory Committee.
(h) Reports.--
(1) Annual report.--The Advisory Committee shall render an
annual report to the Under Secretary for Science and
Technology for transmittal to Congress on or before January
31 of each year. Such report shall describe the activities
and recommendations of the Advisory Committee during the
previous year.
(2) Additional reports.--The Advisory Committee may render
to the Under Secretary for transmittal to Congress such
additional reports on specific policy matters as it considers
appropriate.
(i) FACA Exemption.--Section 14 of the Federal Advisory
Committee Act shall not apply to the Advisory Committee.
(j) Termination.--The Department of Homeland Security
Science and Technology Advisory Committee shall terminate 3
years after the effective date of this Act.
SEC. 312. HOMELAND SECURITY INSTITUTE.
(a) Establishment.--The Secretary shall establish a
federally funded research and development center to be known
as the ``Homeland Security Institute'' (in this section
referred to as the ``Institute'').
(b) Administration.--The Institute shall be administered as
a separate entity by the Secretary.
(c) Duties.--The duties of the Institute shall be
determined by the Secretary, and may include the following:
(1) Systems analysis, risk analysis, and simulation and
modeling to determine the vulnerabilities of the Nation's
critical infrastructures and the effectiveness of the systems
deployed to reduce those vulnerabilities.
(2) Economic and policy analysis to assess the distributed
costs and benefits of alternative approaches to enhancing
security.
(3) Evaluation of the effectiveness of measures deployed to
enhance the security of institutions, facilities, and
infrastructure that may be terrorist targets.
(4) Identification of instances when common standards and
protocols could improve the interoperability and effective
utilization of tools developed for field operators and first
responders.
(5) Assistance for Federal agencies and departments in
establishing testbeds to evaluate the effectiveness of
technologies under development and to assess the
appropriateness of such technologies for deployment.
(6) Design of metrics and use of those metrics to evaluate
the effectiveness of homeland security programs throughout
the Federal Government, including all national laboratories.
(7) Design of and support for the conduct of homeland
security-related exercises and simulations.
(8) Creation of strategic technology development plans to
reduce vulnerabilities in the Nation's critical
infrastructure and key resources.
(d) Consultation on Institute Activities.--In carrying out
the duties described in subsection (c), the Institute shall
consult widely with representatives from private industry,
institutions of higher education, nonprofit institutions,
other Government agencies, and federally funded reseach and
development centers.
(e) Use of Centers.--The Institute shall utilize the
capabilities of the National Infrastructure Simulation and
Analysis Center.
(f) Annual Reports.--The Institute shall transmit to the
Secretary and Congress an annual report on the activities of
the Institute under this section.
(g) Termination.--The Homeland Security Institute shall
terminate 3 years after the effective date of this Act.
SEC. 313. TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE AND SUPPORT
INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND
SECURITY.
(a) Establishment of Program.--The Secretary, acting
through the Under Secretary for Science and Technology, shall
establish and promote a program to encourage technological
innovation in facilitating the mission of the Department (as
described in section 101).
(b) Elements of Program.--The program described in
subsection (a) shall include the following components:
(1) The establishment of a centralized Federal
clearinghouse for information relating to technologies that
would further the mission of the Department for
dissemination, as appropriate, to Federal, State, and local
government and private sector entities for additional review,
purchase, or use.
(2) The issuance of announcements seeking unique and
innovative technologies to advance the mission of the
Department.
(3) The establishment of a technical assistance team to
assist in screening, as appropriate, proposals submitted to
the Secretary (except as provided in subsection (c)(2)) to
assess the feasibility, scientific and technical merits, and
estimated cost of such proposals, as appropriate.
(4) The provision of guidance, recommendations, and
technical assistance, as appropriate, to assist Federal,
State, and local government and private sector efforts to
evaluate and implement the use of technologies described in
paragraph (1) or (2).
(5) The provision of information for persons seeking
guidance on how to pursue proposals to develop or deploy
technologies that would enhance homeland security, including
information relating to Federal funding, regulation, or
acquisition.
(c) Miscellaneous Provisions.--
(1) In general.--Nothing in this section shall be construed
as authorizing the Secretary or the technical assistance team
established under subsection (b)(3) to set standards for
technology to be used by the Department, any other executive
agency, any State or local government entity, or any private
sector entity.
(2) Certain proposals.--The technical assistance team
established under subsection (b)(3) shall not consider or
evaluate proposals submitted in response to a solicitation
for offers for a pending procurement or for a specific agency
requirement.
(3) Coordination.--In carrying out this section, the
Secretary shall coordinate with the Technical Support Working
Group (organized under the April 1982 National Security
Decision Directive Numbered 30).
TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY
Subtitle A--Under Secretary for Border and Transportation Security
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION
SECURITY.
There shall be in the Department a Directorate of Border
and Transportation Security headed by an Under Secretary for
Border and Transportation Security.
SEC. 402. RESPONSIBILITIES.
The Secretary, acting through the Under Secretary for
Border and Transportation Security, shall be responsible for
the following:
(1) Preventing the entry of terrorists and the instruments
of terrorism into the United States.
(2) Securing the borders, territorial waters, ports,
terminals, waterways, and air, land, and sea transportation
systems of the United States, including managing and
coordinating those functions transferred to the Department at
ports of entry.
(3) Carrying out the immigration enforcement functions
vested by statute in, or performed by, the Commissioner of
Immigration and Naturalization (or any officer, employee, or
component of the Immigration and Naturalization Service)
immediately before the date on which the transfer of
functions specified under section 441 takes effect.
(4) Establishing and administering rules, in accordance
with section 428, governing the granting of visas or other
forms of permission, including parole, to enter the United
States to individuals who are not a citizen or an alien
lawfully admitted for permanent residence in the United
States.
(5) Establishing national immigration enforcement policies
and priorities.
(6) Except as provided in subtitle C, administering the
customs laws of the United States.
(7) Conducting the inspection and related administrative
functions of the Department of Agriculture transferred to the
Secretary of Homeland Security under section 421.
(8) In carrying out the foregoing responsibilities,
ensuring the speedy, orderly, and efficient flow of lawful
traffic and commerce.
SEC. 403. FUNCTIONS TRANSFERRED.
In accordance with title XV (relating to transition
provisions), 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,
[[Page H8660]]
including the functions of the Secretary of Transportation,
and of the Under Secretary of Transportation for Security,
relating thereto;
(3) the Federal Protective Service of the General Services
Administration, including the functions of the Administrator
of General Services relating thereto;
(4) the Federal Law Enforcement Training Center of the
Department of the Treasury; and
(5) the Office for Domestic Preparedness of the Office of
Justice Programs, including the functions of the Attorney
General relating thereto.
Subtitle B--United States Customs Service
SEC. 411. ESTABLISHMENT; COMMISSIONER OF CUSTOMS.
(a) Establishment.--There is established in the Department
the United States Customs Service, under the authority of the
Under Secretary for Border and Transportation Security, which
shall be vested with those functions including, but not
limited to those set forth in section 415(7), and the
personnel, assets, and liabilities attributable to those
functions.
(b) Commissioner of Customs.--
(1) In General.--There shall be at the head of the Customs
Service a Commissioner of Customs, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
(2) Compensation.--Section 5314 of title 5, United States
Code, is amended by striking
``Commissioner of Customs, Department of the Treasury''
and inserting
``Commissioner of Customs, Department of Homeland
Security.''.
(3) Continuation in office.--The individual serving as the
Commissioner of Customs on the day before the effective date
of this Act may serve as the Commissioner of Customs on and
after such effective date until a Commissioner of Customs is
appointed under paragraph (1).
SEC. 412. RETENTION OF CUSTOMS REVENUE FUNCTIONS BY SECRETARY
OF THE TREASURY.
(a) Retention of Customs Revenue Functions by Secretary of
the Treasury.--
(1) Retention of authority.--Notwithstanding section
403(a)(1), authority related to Customs revenue functions
that was vested in the Secretary of the Treasury by law
before the effective date of this Act under those provisions
of law set forth in paragraph (2) shall not be transferred to
the Secretary by reason of this Act, and on and after the
effective date of this Act, the Secretary of the Treasury may
delegate any such authority to the Secretary at the
discretion of the Secretary of the Treasury. The Secretary of
the Treasury shall consult with the Secretary regarding the
exercise of any such authority not delegated to the
Secretary.
(2) Statutes.--The provisions of law referred to in
paragraph (1) are the following: the Tariff Act of 1930;
section 249 of the Revised Statutes of the United States (19
U.S.C. 3); section 2 of the Act of March 4, 1923 (19 U.S.C.
6); section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c); section 251 of
the Revised Statutes of the United States (19 U.S.C. 66);
section 1 of the Act of June 26, 1930 (19 U.S.C. 68); the
Foreign Trade Zones Act (19 U.S.C. 81a et seq.); section 1 of
the Act of March 2, 1911 (19 U.S.C. 198); the Trade Act of
1974; the Trade Agreements Act of 1979; the North American
Free Trade Area Implementation Act; the Uruguay Round
Agreements Act; the Caribbean Basin Economic Recovery Act;
the Andean Trade Preference Act; the African Growth and
Opportunity Act; and any other provision of law vesting
customs revenue functions in the Secretary of the Treasury.
(b) Maintenance of Customs Revenue Functions.--
(1) Maintenance of functions.--Notwithstanding any other
provision of this Act, the Secretary may not consolidate,
discontinue, or diminish those functions described in
paragraph (2) performed by the United States Customs Service
(as established under section 411) on or after the effective
date of this Act, reduce the staffing level, or reduce the
resources attributable to such functions, and the Secretary
shall ensure that an appropriate management structure is
implemented to carry out such functions.
(2) Functions.--The functions referred to in paragraph (1)
are those functions performed by the following personnel, and
associated support staff, of the United States Customs
Service on the day before the effective date of this Act:
Import Specialists, Entry Specialists, Drawback Specialists,
National Import Specialist, Fines and Penalties Specialists,
attorneys of the Office of Regulations and Rulings, Customs
Auditors, International Trade Specialists, Financial Systems
Specialists.
(c) New Personnel.--The Secretary of the Treasury is
authorized to appoint up to 20 new personnel to work with
personnel of the Department in performing customs revenue
functions.
SEC. 413. PRESERVATION OF CUSTOMS FUNDS.
Notwithstanding any other provision of this Act, no funds
available to the United States Customs Service or collected
under paragraphs (1) through (8) of section 13031(a) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 may be
transferred for use by any other agency or office in the
Department.
SEC. 414. SEPARATE BUDGET REQUEST FOR CUSTOMS.
The President shall include in each budget transmitted to
Congress under section 1105 of title 31, United States Code,
a separate budget request for the United States Customs
Service.
SEC. 415. DEFINITION.
In this subtitle, the term ``customs revenue function''
means the following:
(1) Assessing and collecting customs duties (including
antidumping and countervailing duties and duties imposed
under safeguard provisions), excise taxes, fees, and
penalties due on imported merchandise, including classifying
and valuing merchandise for purposes of such assessment.
(2) Processing and denial of entry of persons, baggage,
cargo, and mail, with respect to the assessment and
collection of import duties.
(3) Detecting and apprehending persons engaged in
fraudulent practices designed to circumvent the customs laws
of the United States.
(4) Enforcing section 337 of the Tariff Act of 1930 and
provisions relating to import quotas and the marking of
imported merchandise, and providing Customs Recordations for
copyrights, patents, and trademarks.
(5) Collecting accurate import data for compilation of
international trade statistics.
(6) Enforcing reciprocal trade agreements.
(7) Functions performed by the following personnel, and
associated support staff, of the United States Customs
Service on the day before the effective date of this Act:
Import Specialists, Entry Specialists, Drawback Specialists,
National Import Specialist, Fines and Penalties Specialists,
attorneys of the Office of Regulations and Rulings, Customs
Auditors, International Trade Specialists, Financial Systems
Specialists.
(8) Functions performed by the following offices, with
respect to any function described in any of paragraphs (1)
through (7), and associated support staff, of the United
States Customs Service on the day before the effective date
of this Act: the Office of Information and Technology, the
Office of Laboratory Services, the Office of the Chief
Counsel, the Office of Congressional Affairs, the Office of
International Affairs, and the Office of Training and
Development.
SEC. 416. GAO REPORT TO CONGRESS.
Not later than 3 months after the effective date of this
Act, the Comptroller General of the United States shall
submit to Congress a report that sets forth all trade
functions performed by the executive branch, specifying each
agency that performs each such function.
SEC. 417. ALLOCATION OF RESOURCES BY THE SECRETARY.
(a) In General.--The Secretary shall ensure that adequate
staffing is provided to assure that levels of customs revenue
services provided on the day before the effective date of
this Act shall continue to be provided.
(b) Notification of Congress.--The Secretary shall notify
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate at
least 90 days prior to taking any action which would--
(1) result in any significant reduction in customs revenue
services, including hours of operation, provided at any
office within the Department or any port of entry;
(2) eliminate or relocate any office of the Department
which provides customs revenue services; or
(3) eliminate any port of entry.
(c) Definition.--In this section, the term ``customs
revenue services'' means those customs revenue functions
described in paragraphs (1) through (6) and paragraph (8) of
section 415.
SEC. 418. REPORTS TO CONGRESS.
(a) Continuing Reports.--The United States Customs Service
shall, on and after the effective date of this Act, continue
to submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate
any report required, on the day before such the effective
date of this Act, to be so submitted under any provision of
law.
(b) Report on Conforming Amendments.--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 section 412(a)(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.
SEC. 419. CUSTOMS USER FEES.
(a) In General.--Section 13031(f) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f))
is amended--
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following:
``(B) amounts deposited into the Customs Commercial and
Homeland Security Automation Account under paragraph (5).'';
(2) in paragraph (4), by striking ``(other than the excess
fees determined by the Secretary under paragraph (5))''; and
(3) by striking paragraph (5) and inserting the following:
``(5)(A) There is created within the general fund of the
Treasury a separate account that shall be known as the
`Customs Commercial and Homeland Security Automation
Account'. In each of fiscal years 2003, 2004, and
[[Page H8661]]
2005 there shall be deposited into the Account from fees
collected under subsection (a)(9)(A), $350,000,000.
``(B) There is authorized to be appropriated from the
Account in fiscal years 2003 through 2005 such amounts as are
available in that Account for the development, establishment,
and implementation of the Automated Commercial Environment
computer system for the processing of merchandise that is
entered or released and for other purposes related to the
functions of the Department of Homeland Security. Amounts
appropriated pursuant to this subparagraph are authorized to
remain available until expended.
``(C) In adjusting the fee imposed by subsection (a)(9)(A)
for fiscal year 2006, the Secretary of the Treasury shall
reduce the amount estimated to be collected in fiscal year
2006 by the amount by which total fees deposited to the
Account during fiscal years 2003, 2004, and 2005 exceed total
appropriations from that Account.''.
(b) Conforming Amendment.--Section 311(b) of the Customs
Border Security Act of 2002 (Public Law 107-210) is amended
by striking paragraph (2).
Subtitle C--Miscellaneous Provisions
SEC. 421. 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) Section 1 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 functions transferred under subsection
(a) under a law specified in subsection (b).
(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 of Homeland
Security 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 1501, 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 agreement required by this
subsection shall specifically address the following:
(A) The supervision by the Secretary of Agriculture of the
training of employees of the Secretary to carry out the
functions transferred pursuant to subsection (a).
(B) The transfer of funds to the Secretary under subsection
(f).
(3) Cooperation and reciprocity.--The Secretary of
Agriculture and the Secretary may include as part of the
agreement the following:
(A) Authority for the Secretary to perform functions
delegated to the Animal and Plant Health 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).
(B) Authority for the Secretary of Agriculture to use
employees of the Department of Homeland Security 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.--Out of funds collected by fees
authorized 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 transfer, from
time to time in accordance with the agreement under
subsection (e), to the Secretary funds for activities carried
out by the Secretary for which such fees were collected.
(2) Limitation.--The proportion of fees collected pursuant
to such sections that are transferred to the Secretary under
this subsection may not exceed the proportion of the costs
incurred by the Secretary to all costs incurred to carry out
activities funded by such fees.
(g) Transfer of Department of Agriculture Employees.--Not
later than the completion of the transition period defined
under section 1501, the Secretary of Agriculture shall
transfer to the Secretary 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 2000 (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 new
subsection:
``(e) 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.''.
SEC. 422. FUNCTIONS OF ADMINISTRATOR OF GENERAL SERVICES.
(a) Operation, Maintenance, and Protection of Federal
Buildings and Grounds.--Nothing in this Act may be construed
to affect the functions or authorities of the Administrator
of General Services with respect to the operation,
maintenance, and protection of buildings and grounds owned or
occupied by the Federal Government and under the
jurisdiction, custody, or control of the Administrator.
Except for the law enforcement and related security functions
transferred under section 403(3), the Administrator shall
retain all powers, functions, and authorities vested in the
Administrator under chapter 10 of title 40, United States
Code, and other provisions of law that are necessary for the
operation, maintenance, and protection of such buildings and
grounds.
(b) Collection of Rents and Fees; Federal Buildings Fund.--
(1) Statutory construction.--Nothing in this Act may be
construed--
(A) to direct the transfer of, or affect, the authority of
the Administrator of General Services to collect rents and
fees, including fees collected for protective services; or
(B) to authorize the Secretary or any other official in the
Department to obligate amounts in the Federal Buildings Fund
established by section 490(f) of title 40, United States
Code.
(2) Use of transferred amounts.--Any amounts transferred by
the Administrator of General Services to the Secretary out of
rents and fees collected by the Administrator shall be used
by the Secretary solely for the protection of buildings or
grounds owned or occupied by the Federal Government.
SEC. 423. FUNCTIONS OF TRANSPORTATION SECURITY
ADMINISTRATION.
(a) Consultation With Federal Aviation Administration.--The
Secretary and other officials in the Department shall consult
with the Administrator of the Federal Aviation Administration
before taking any action that might affect aviation safety,
air carrier operations, aircraft airworthiness, or the use of
airspace. The Secretary shall establish a liaison office
within the Department for the purpose of consulting with the
Administrator of the Federal Aviation Administration.
(b) Report to Congress.--Not later than 60 days after the
date of enactment of this Act, the Secretary of
Transportation shall transmit to Congress a report containing
a plan for complying with the requirements of section
44901(d) of title 49, United States Code, as amended by
section 426 of this Act.
(c) Limitations on Statutory Construction.--
(1) Grant of authority.--Nothing in this Act may be
construed to vest in the Secretary or any other official in
the Department any authority over transportation security
that is not vested in the Under Secretary of Transportation
for Security, or in the Secretary of Transportation under
chapter 449 of title 49, United States Code, on the day
before the date of enactment of this Act.
(2) Obligation of aip funds.--Nothing in this Act may be
construed to authorize the Secretary or any other official in
the Department to obligate amounts made available under
section 48103 of title 49, United States Code.
SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY
ADMINISTRATION AS A DISTINCT ENTITY.
(a) In General.--Notwithstanding any other provision of
this Act, and subject to
[[Page H8662]]
subsection (b), the Transportation Security Administration
shall be maintained as a distinct entity within the
Department under the Under Secretary for Border
Transportation and Security.
(b) Sunset.--Subsection (a) shall cease to apply 2 years
after the date of enactment of this Act.
SEC. 425. EXPLOSIVE DETECTION SYSTEMS.
Section 44901(d) of title 49, United States Code, is
amended by adding at the end the following:
``(2) Deadline.--
``(A) In general.--If, in his discretion or at the request
of an airport, the Under Secretary of Transportation for
Security determines that the Transportation Security
Administration is not able to deploy explosive detection
systems required to be deployed under paragraph (1) at all
airports where explosive detection systems are required by
December 31, 2002, then with respect to each airport for
which the Under Secretary makes that determination--
``(i) the Under Secretary shall submit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a detailed plan (which may be submitted in
classified form) for the deployment of the number of
explosive detection systems at that airport necessary to meet
the requirements of paragraph (1) as soon as practicable at
that airport but in no event later than December 31, 2003;
and
``(ii) the Under Secretary shall take all necessary action
to ensure that alternative means of screening all checked
baggage is implemented until the requirements of paragraph
(1) have been met.
``(B) Criteria for determination.--In making a
determination under subparagraph (A), the Under Secretary
shall take into account--
``(i) the nature and extent of the required modifications
to the airport's terminal buildings, and the technical,
engineering, design and construction issues;
``(ii) the need to ensure that such installations and
modifications are effective; and
``(iii) the feasibility and cost-effectiveness of deploying
explosive detection systems in the baggage sorting area or
other non-public area rather than the lobby of an airport
terminal building.
``(C) Response.--The Under Secretary shall respond to the
request of an airport under subparagraph (A) within 14 days
of receiving the request. A denial of request shall create no
right of appeal or judicial review.
``(D) Airport effort required.--Each airport with respect
to which the Under Secretary makes a determination under
subparagraph (A) shall--
``(i) cooperate fully with the Transportation Security
Administration with respect to screening checked baggage and
changes to accommodate explosive detection systems; and
``(ii) make security projects a priority for the obligation
or expenditure of funds made available under chapter 417 or
471 until explosive detection systems required to be deployed
under paragraph (1) have been deployed at that airport.
``(3) Reports.--Until the Transportation Security
Administration has met the requirements of paragraph (1), the
Under Secretary shall submit a classified report every 30
days after the date of enactment of the Aviation Security
Improvement Act to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure describing the progress
made toward meeting such requirements at each airport.''.
SEC. 426. TRANSPORTATION SECURITY.
(a) Transportation Security Oversight Board.--
(1) Establishment.--Section 115(a) of title 49, United
States Code, is amended by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security''.
(2) Membership.--Section 115(b)(1) of title 49, United
States Code, is amended--
(A) by striking subparagraph (G);
(B) by redesignating subparagraphs (A) through (F) as
subparagraphs (B) through (G), respectively; and
(C) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) The Secretary of Homeland Security, or the
Secretary's designee.''.
(3) Chairperson.--Section 115(b)(2) of title 49, United
States Code, is amended by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security''.
(b) Approval of AIP Grant Applications for Security
Activities.--Section 47106 of title 49, United States Code,
is amended by adding at the end the following:
``(g) Consultation With Secretary of Homeland Security.--
The Secretary shall consult with the Secretary of Homeland
Security before approving an application under this
subchapter for an airport development project grant for
activities described in section 47102(3)(B)(ii) only as they
relate to security equipment or section 47102(3)(B)(x) only
as they relate to installation of bulk explosive detection
system.''.
SEC. 427. 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. 428. 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, and shall have the authority to refuse
visas in accordance with law and to develop programs of
homeland security training for consular officers (in addition
to consular training provided by the Secretary of State),
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; and
(2) 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, consistent with the Secretary of Homeland Security's
authority to refuse visas in accordance with law, 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).
[[Page H8663]]
(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)), consistent with the Secretary of Homeland
Security's authority to refuse visas in accordance with law.
(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:
(A) Provide expert advice and training to consular officers
regarding specific security threats relating to the
adjudication of individual visa applications or classes of
applications.
(B) 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.
(C) 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, interview techniques, and
fraud detection techniques, 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.
(g) Study Regarding Use of Foreign Nationals.--
(1) In general.--The Secretary of Homeland Security shall
conduct a study of the role of foreign nationals in the
granting or refusal of visas and other documents authorizing
entry of aliens into the United States. The study shall
address the following:
(A) The proper role, if any, of foreign nationals in the
process of rendering decisions on such grants and refusals.
(B) Any security concerns involving the employment of
foreign nationals.
(C) Whether there are cost-effective alternatives to the
use of foreign nationals.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report
containing the findings of the study conducted under
paragraph (1) to the Committee on the Judiciary, the
Committee on International Relations, and the Committee on
Government Reform of the House of Representatives, and the
Committee on the Judiciary, the Committee on Foreign
Relations, and the Committee on Government Affairs of the
Senate.
(h) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Science
and Technology Policy shall submit to Congress a report on
how the provisions of this section will affect procedures for
the issuance of student visas.
(i) Visa Issuance Program for Saudi Arabia.--
Notwithstanding any other provision of law, after the date of
the enactment of this Act all third party screening programs
in Saudi Arabia shall be terminated. On-site personnel of the
Department of Homeland Security shall review all visa
applications prior to adjudication.
SEC. 429. 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. 430. OFFICE FOR DOMESTIC PREPAREDNESS.
(a) In General.--The Office for Domestic Preparedness shall
be within the Directorate of Border and Transportation
Security.
(b) Director.--There shall be a Director of the Office for
Domestic Preparedness, who shall be appointed by the
President, by and with the advice and consent of the Senate.
The Director of the Office for Domestic Preparedness shall
report directly to the Under Secretary for Border and
Transportation Security.
(c) Responsibilities.--The Office for Domestic Preparedness
shall have the primary responsibility within the executive
branch of Government for the preparedness of the United
States for acts of terrorism, including--
(1) coordinating preparedness efforts at the Federal level,
and working with all State, local, tribal, parish, and
private sector emergency response providers on all matters
pertaining to combating terrorism, including training,
exercises, and equipment support;
(2) coordinating or, as appropriate, consolidating
communications and systems of communications relating to
homeland security at all levels of government;
(3) directing and supervising terrorism preparedness grant
programs of the Federal Government (other than those programs
administered by the Department of Health and Human Services)
for all emergency response providers;
(4) incorporating the Strategy priorities into planning
guidance on an agency level for the preparedness efforts of
the Office for Domestic Preparedness;
(5) providing agency-specific training for agents and
analysts within the Department, other agencies, and State and
local agencies and international entities;
(6) as the lead executive branch agency for preparedness of
the United States for acts of terrorism, cooperating closely
with the Federal Emergency Management Agency, which shall
have the primary responsibility within the executive branch
to prepare for and mitigate the effects of nonterrorist-
related disasters in the United States;
(7) assisting and supporting the Secretary, in coordination
with other Directorates and entities outside the Department,
in conducting appropriate risk analysis and risk management
activities of State, local, and tribal governments consistent
with the mission and functions of the Directorate; and
(8) those elements of the Office of National Preparedness
of the Federal Emergency Management Agency which relate to
terrorism, which shall be consolidated within the Department
in the Office for Domestic Preparedness established under
this section.
(d) Fiscal Years 2003 and 2004.--During fiscal year 2003
and fiscal year 2004, the Director of the Office for Domestic
Preparedness established under this section shall manage and
carry out those functions of the Office for Domestic
Preparedness of the Department of Justice (transferred under
this section) before September 11, 2001, under the same
terms, conditions, policies, and authorities, and with the
required level of personnel, assets, and budget before
September 11, 2001.
[[Page H8664]]
Subtitle D--Immigration Enforcement Functions
SEC. 441. TRANSFER OF FUNCTIONS TO UNDER SECRETARY FOR BORDER
AND TRANSPORTATION SECURITY.
In accordance with title XV (relating to transition
provisions), there shall be transferred from the Commissioner
of Immigration and Naturalization to the Under Secretary for
Border and Transportation Security all functions performed
under the following programs, and all personnel, assets, and
liabilities pertaining to such programs, immediately before
such transfer occurs:
(1) The Border Patrol program.
(2) The detention and removal program.
(3) The intelligence program.
(4) The investigations program.
(5) The inspections program.
SEC. 442. ESTABLISHMENT OF BUREAU OF BORDER SECURITY.
(a) Establishment of Bureau.--
(1) In general.--There shall be in the Department of
Homeland Security a bureau to be known as the ``Bureau of
Border Security''.
(2) Assistant secretary.--The head of the Bureau of Border
Security shall be the Assistant Secretary of the Bureau of
Border Security, who--
(A) shall report directly to the Under Secretary for Border
and Transportation Security; and
(B) shall have a minimum of 5 years professional experience
in law enforcement, and a minimum of 5 years of management
experience.
(3) Functions.--The Assistant Secretary of the Bureau of
Border Security--
(A) shall establish the policies for performing such
functions as are--
(i) transferred to the Under Secretary for Border and
Transportation Security by section 441 and delegated to the
Assistant Secretary by the Under Secretary for Border and
Transportation Security; or
(ii) otherwise vested in the Assistant Secretary by law;
(B) shall oversee the administration of such policies; and
(C) shall advise the Under Secretary for Border and
Transportation Security with respect to any policy or
operation of the Bureau of Border Security that may affect
the Bureau of Citizenship and Immigration Services
established under subtitle E, including potentially
conflicting policies or operations.
(4) Program to collect information relating to foreign
students.--The Assistant Secretary of the Bureau of Border
Security shall be responsible for administering the program
to collect information relating to nonimmigrant foreign
students and other exchange program participants described in
section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), including the
Student and Exchange Visitor Information System established
under that section, and shall use such information to carry
out the enforcement functions of the Bureau.
(5) Managerial rotation program.--
(A) In general.--Not later than 1 year after the date on
which the transfer of functions specified under section 441
takes effect, the Assistant Secretary of the Bureau of Border
Security shall design and implement a managerial rotation
program under which employees of such bureau holding
positions involving supervisory or managerial responsibility
and classified, in accordance with chapter 51 of title 5,
United States Code, as a GS-14 or above, shall--
(i) gain some experience in all the major functions
performed by such bureau; and
(ii) work in at least one local office of such bureau.
(B) Report.--Not later than 2 years after the date on which
the transfer of functions specified under section 441 takes
effect, the Secretary shall submit a report to the Congress
on the implementation of such program.
(b) Chief of Policy and Strategy.--
(1) In general.--There shall be a position of Chief of
Policy and Strategy for the Bureau of Border Security.
(2) Functions.--In consultation with Bureau of Border
Security personnel in local offices, the Chief of Policy and
Strategy shall be responsible for--
(A) making policy recommendations and performing policy
research and analysis on immigration enforcement issues; and
(B) coordinating immigration policy issues with the Chief
of Policy and Strategy for the Bureau of Citizenship and
Immigration Services (established under subtitle E), as
appropriate.
(c) Legal Advisor.--There shall be a principal legal
advisor to the Assistant Secretary of the Bureau of Border
Security. The legal advisor shall provide specialized legal
advice to the Assistant Secretary of the Bureau of Border
Security and shall represent the bureau in all exclusion,
deportation, and removal proceedings before the Executive
Office for Immigration Review.
SEC. 443. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.
The Under Secretary for Border and Transportation Security
shall be responsible for--
(1) conducting investigations of noncriminal allegations of
misconduct, corruption, and fraud involving any employee of
the Bureau of Border Security that are not subject to
investigation by the Inspector General for the Department;
(2) inspecting the operations of the Bureau of Border
Security and providing assessments of the quality of the
operations of such bureau as a whole and each of its
components; and
(3) providing an analysis of the management of the Bureau
of Border Security.
SEC. 444. EMPLOYEE DISCIPLINE.
The Under Secretary for Border and Transportation Security
may, notwithstanding any other provision of law, impose
disciplinary action, including termination of employment,
pursuant to policies and procedures applicable to employees
of the Federal Bureau of Investigation, on any employee of
the Bureau of Border Security who willfully deceives the
Congress or agency leadership on any matter.
SEC. 445. REPORT ON IMPROVING ENFORCEMENT FUNCTIONS.
(a) In General.--The Secretary, not later than 1 year after
being sworn into office, shall submit to the Committees on
Appropriations and the Judiciary of the House of
Representatives and of the Senate a report with a plan
detailing how the Bureau of Border Security, after the
transfer of functions specified under section 441 takes
effect, will enforce comprehensively, effectively, and fairly
all the enforcement provisions of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) relating to such
functions.
(b) Consultation.--In carrying out subsection (a), the
Secretary of Homeland Security shall consult with the
Attorney General, the Secretary of State, the Director of the
Federal Bureau of Investigation, the Secretary of the
Treasury, the Secretary of Labor, the Commissioner of Social
Security, the Director of the Executive Office for
Immigration Review, and the heads of State and local law
enforcement agencies to determine how to most effectively
conduct enforcement operations.
SEC. 446. SENSE OF CONGRESS REGARDING CONSTRUCTION OF FENCING
NEAR SAN DIEGO, CALIFORNIA.
It is the sense of the Congress that completing the 14-mile
border fence project required to be carried out under section
102(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) should be a
priority for the Secretary.
Subtitle E--Citizenship and Immigration Services
SEC. 451. ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND
IMMIGRATION SERVICES.
(a) Establishment of Bureau.--
(1) In general.--There shall be in the Department a bureau
to be known as the ``Bureau of Citizenship and Immigration
Services''.
(2) Director.--The head of the Bureau of Citizenship and
Immigration Services shall be the Director of the Bureau of
Citizenship and Immigration Services, who--
(A) shall report directly to the Deputy Secretary;
(B) shall have a minimum of 5 years of management
experience; and
(C) shall be paid at the same level as the Assistant
Secretary of the Bureau of Border Security.
(3) Functions.--The Director of the Bureau of Citizenship
and Immigration Services--
(A) shall establish the policies for performing such
functions as are transferred to the Director by this section
or this Act or otherwise vested in the Director by law;
(B) shall oversee the administration of such policies;
(C) shall advise the Deputy Secretary with respect to any
policy or operation of the Bureau of Citizenship and
Immigration Services that may affect the Bureau of Border
Security of the Department, including potentially conflicting
policies or operations;
(D) shall establish national immigration services policies
and priorities;
(E) shall meet regularly with the Ombudsman described in
section 452 to correct serious service problems identified by
the Ombudsman; and
(F) shall establish procedures requiring a formal response
to any recommendations submitted in the Ombudsman's annual
report to Congress within 3 months after its submission to
Congress.
(4) Managerial rotation program.--
(A) In general.--Not later than 1 year after the effective
date specified in section 455, the Director of the Bureau of
Citizenship and Immigration Services shall design and
implement a managerial rotation program under which employees
of such bureau holding positions involving supervisory or
managerial responsibility and classified, in accordance with
chapter 51 of title 5, United States Code, as a GS-14 or
above, shall--
(i) gain some experience in all the major functions
performed by such bureau; and
(ii) work in at least one field office and one service
center of such bureau.
(B) Report.--Not later than 2 years after the effective
date specified in section 455, the Secretary shall submit a
report to Congress on the implementation of such program.
(5) Pilot initiatives for backlog elimination.--The
Director of the Bureau of Citizenship and Immigration
Services is authorized to implement innovative pilot
initiatives to eliminate any remaining backlog in the
processing of immigration benefit applications, and to
prevent any backlog in the processing of such applications
from recurring, in accordance with section 204(a) of the
Immigration Services and Infrastructure Improvements Act of
2000 (8 U.S.C. 1573(a)). Such initiatives may include
measures such
[[Page H8665]]
as increasing personnel, transferring personnel to focus on
areas with the largest potential for backlog, and
streamlining paperwork.
(b) Transfer of Functions From Commissioner.--There are
transferred from the Commissioner of Immigration and
Naturalization to the Director of the Bureau of Citizenship
and Immigration Services the following functions, and all
personnel, infrastructure, and funding provided to the
Commissioner in support of such functions immediately before
the effective date specified in section 455:
(1) Adjudications of immigrant visa petitions.
(2) Adjudications of naturalization petitions.
(3) Adjudications of asylum and refugee applications.
(4) Adjudications performed at service centers.
(5) All other adjudications performed by the Immigration
and Naturalization Service immediately before the effective
date specified in section 455.
(c) Chief of Policy and Strategy.--
(1) In general.--There shall be a position of Chief of
Policy and Strategy for the Bureau of Citizenship and
Immigration Services.
(2) Functions.--In consultation with Bureau of Citizenship
and Immigration Services personnel in field offices, the
Chief of Policy and Strategy shall be responsible for--
(A) making policy recommendations and performing policy
research and analysis on immigration services issues; and
(B) coordinating immigration policy issues with the Chief
of Policy and Strategy for the Bureau of Border Security of
the Department.
(d) Legal Advisor.--
(1) In general.--There shall be a principal legal advisor
to the Director of the Bureau of Citizenship and Immigration
Services.
(2) Functions.--The legal advisor shall be responsible
for--
(A) providing specialized legal advice, opinions,
determinations, regulations, and any other assistance to the
Director of the Bureau of Citizenship and Immigration
Services with respect to legal matters affecting the Bureau
of Citizenship and Immigration Services; and
(B) representing the Bureau of Citizenship and Immigration
Services in visa petition appeal proceedings before the
Executive Office for Immigration Review.
(e) Budget Officer.--
(1) In general.--There shall be a Budget Officer for the
Bureau of Citizenship and Immigration Services.
(2) Functions.--
(A) In general.--The Budget Officer shall be responsible
for--
(i) formulating and executing the budget of the Bureau of
Citizenship and Immigration Services;
(ii) financial management of the Bureau of Citizenship and
Immigration Services; and
(iii) collecting all payments, fines, and other debts for
the Bureau of Citizenship and Immigration Services.
(f) Chief of Office of Citizenship.--
(1) In general.--There shall be a position of Chief of the
Office of Citizenship for the Bureau of Citizenship and
Immigration Services.
(2) Functions.--The Chief of the Office of Citizenship for
the Bureau of Citizenship and Immigration Services shall be
responsible for promoting instruction and training on
citizenship responsibilities for aliens interested in
becoming naturalized citizens of the United States, including
the development of educational materials.
SEC. 452. CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN.
(a) In General.--Within the Department, there shall be a
position of Citizenship and Immigration Services Ombudsman
(in this section referred to as the ``Ombudsman''). The
Ombudsman shall report directly to the Deputy Secretary. The
Ombudsman shall have a background in customer service as well
as immigration law.
(b) Functions.--It shall be the function of the Ombudsman--
(1) to assist individuals and employers in resolving
problems with the Bureau of Citizenship and Immigration
Services;
(2) to identify areas in which individuals and employers
have problems in dealing with the Bureau of Citizenship and
Immigration Services; and
(3) to the extent possible, to propose changes in the
administrative practices of the Bureau of Citizenship and
Immigration Services to mitigate problems identified under
paragraph (2).
(c) Annual Reports.--
(1) Objectives.--Not later than June 30 of each calendar
year, the Ombudsman shall report to the Committee on the
Judiciary of the House of Representatives and the Senate on
the objectives of the Office of the Ombudsman for the fiscal
year beginning in such calendar year. Any such report shall
contain full and substantive analysis, in addition to
statistical information, and--
(A) shall identify the recommendations the Office of the
Ombudsman has made on improving services and responsiveness
of the Bureau of Citizenship and Immigration Services;
(B) shall contain a summary of the most pervasive and
serious problems encountered by individuals and employers,
including a description of the nature of such problems;
(C) shall contain an inventory of the items described in
subparagraphs (A) and (B) for which action has been taken and
the result of such action;
(D) shall contain an inventory of the items described in
subparagraphs (A) and (B) for which action remains to be
completed and the period during which each item has remained
on such inventory;
(E) shall contain an inventory of the items described in
subparagraphs (A) and (B) for which no action has been taken,
the period during which each item has remained on such
inventory, the reasons for the inaction, and shall identify
any official of the Bureau of Citizenship and Immigration
Services who is responsible for such inaction;
(F) shall contain recommendations for such administrative
action as may be appropriate to resolve problems encountered
by individuals and employers, including problems created by
excessive backlogs in the adjudication and processing of
immigration benefit petitions and applications; and
(G) shall include such other information as the Ombudsman
may deem advisable.
(2) Report to be submitted directly.--Each report required
under this subsection shall be provided directly to the
committees described in paragraph (1) without any prior
comment or amendment from the Secretary, Deputy Secretary,
Director of the Bureau of Citizenship and Immigration
Services, or any other officer or employee of the Department
or the Office of Management and Budget.
(d) Other Responsibilities.--The Ombudsman--
(1) shall monitor the coverage and geographic allocation of
local offices of the Ombudsman;
(2) shall develop guidance to be distributed to all
officers and employees of the Bureau of Citizenship and
Immigration Services outlining the criteria for referral of
inquiries to local offices of the Ombudsman;
(3) shall ensure that the local telephone number for each
local office of the Ombudsman is published and available to
individuals and employers served by the office; and
(4) shall meet regularly with the Director of the Bureau of
Citizenship and Immigration Services to identify serious
service problems and to present recommendations for such
administrative action as may be appropriate to resolve
problems encountered by individuals and employers.
(e) Personnel Actions.--
(1) In general.--The Ombudsman shall have the
responsibility and authority--
(A) to appoint local ombudsmen and make available at least
1 such ombudsman for each State; and
(B) to evaluate and take personnel actions (including
dismissal) with respect to any employee of any local office
of the Ombudsman.
(2) Consultation.--The Ombudsman may consult with the
appropriate supervisory personnel of the Bureau of
Citizenship and Immigration Services in carrying out the
Ombudsman's responsibilities under this subsection.
(f) Responsibilities of Bureau of Citizenship and
Immigration Services.--The Director of the Bureau of
Citizenship and Immigration Services shall establish
procedures requiring a formal response to all recommendations
submitted to such director by the Ombudsman within 3 months
after submission to such director.
(g) Operation of Local Offices.--
(1) In general.--Each local ombudsman--
(A) shall report to the Ombudsman or the delegate thereof;
(B) may consult with the appropriate supervisory personnel
of the Bureau of Citizenship and Immigration Services
regarding the daily operation of the local office of such
ombudsman;
(C) shall, at the initial meeting with any individual or
employer seeking the assistance of such local office, notify
such individual or employer that the local offices of the
Ombudsman operate independently of any other component of the
Department and report directly to Congress through the
Ombudsman; and
(D) at the local ombudsman's discretion, may determine not
to disclose to the Bureau of Citizenship and Immigration
Services contact with, or information provided by, such
individual or employer.
(2) Maintenance of independent communications.--Each local
office of the Ombudsman shall maintain a phone, facsimile,
and other means of electronic communication access, and a
post office address, that is separate from those maintained
by the Bureau of Citizenship and Immigration Services, or any
component of the Bureau of Citizenship and Immigration
Services.
SEC. 453. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.
(a) In General.--The Director of the Bureau of Citizenship
and Immigration Services shall be responsible for--
(1) conducting investigations of noncriminal allegations of
misconduct, corruption, and fraud involving any employee of
the Bureau of Citizenship and Immigration Services that are
not subject to investigation by the Inspector General for the
Department;
(2) inspecting the operations of the Bureau of Citizenship
and Immigration Services and providing assessments of the
quality of the operations of such bureau as a whole and each
of its components; and
(3) providing an analysis of the management of the Bureau
of Citizenship and Immigration Services.
[[Page H8666]]
(b) Special Considerations.--In providing assessments in
accordance with subsection (a)(2) with respect to a decision
of the Bureau of Citizenship and Immigration Services, or any
of its components, consideration shall be given to--
(1) the accuracy of the findings of fact and conclusions of
law used in rendering the decision;
(2) any fraud or misrepresentation associated with the
decision; and
(3) the efficiency with which the decision was rendered.
SEC. 454. EMPLOYEE DISCIPLINE.
The Director of the Bureau of Citizenship and Immigration
Services may, notwithstanding any other provision of law,
impose disciplinary action, including termination of
employment, pursuant to policies and procedures applicable to
employees of the Federal Bureau of Investigation, on any
employee of the Bureau of Citizenship and Immigration
Services who willfully deceives Congress or agency leadership
on any matter.
SEC. 455. EFFECTIVE DATE.
Notwithstanding section 4, sections 451 through 456, and
the amendments made by such sections, shall take effect on
the date on which the transfer of functions specified under
section 441 takes effect.
SEC. 456. TRANSITION.
(a) References.--With respect to any function transferred
by this subtitle to, and exercised on or after the effective
date specified in section 455 by, the Director of the Bureau
of Citizenship and Immigration Services, 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 Bureau of Citizenship and Immigration
Services; or
(2) to such component is deemed to refer to the Bureau of
Citizenship and Immigration Services.
(b) Other Transition Issues.--
(1) Exercise of authorities.--Except as otherwise provided
by law, a Federal official to whom a function is transferred
by this subtitle 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 section 455.
(2) Transfer and allocation of appropriations and
personnel.--The personnel of the Department of Justice
employed in connection with the functions transferred by this
subtitle (and functions that the Secretary determines are
properly related to the functions of the Bureau of
Citizenship and Immigration Services), and 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 subtitle, subject to section 202 of the
Budget and Accounting Procedures Act of 1950, shall be
transferred to the Director of the Bureau of Citizenship and
Immigration Services for allocation to the appropriate
component of the Department. Unexpended funds transferred
pursuant to this paragraph shall be used only for the
purposes for which the funds were originally authorized and
appropriated. The Secretary shall have the right to adjust or
realign transfers of funds and personnel effected pursuant to
this subtitle for a period of 2 years after the effective
date specified in section 455.
SEC. 457. FUNDING FOR CITIZENSHIP AND IMMIGRATION SERVICES.
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.''.
SEC. 458. BACKLOG ELIMINATION.
Section 204(a)(1) of the Immigration Services and
Infrastructure Improvements Act of 2000 (8 U.S.C. 1573(a)(1))
is amended by striking ``not later than one year after the
date of enactment of this Act;'' and inserting ``1 year after
the date of the enactment of the Homeland Security Act of
2002;''.
SEC. 459. REPORT ON IMPROVING IMMIGRATION SERVICES.
(a) In General.--The Secretary, not later than 1 year after
the effective date of this Act, shall submit to the
Committees on the Judiciary and Appropriations of the House
of Representatives and of the Senate a report with a plan
detailing how the Bureau of Citizenship and Immigration
Services, after the transfer of functions specified in this
subtitle takes effect, will complete efficiently, fairly, and
within a reasonable time, the adjudications described in
paragraphs (1) through (5) of section 451(b).
(b) Contents.--For each type of adjudication to be
undertaken by the Director of the Bureau of Citizenship and
Immigration Services, the report shall include the following:
(1) Any potential savings of resources that may be
implemented without affecting the quality of the
adjudication.
(2) The goal for processing time with respect to the
application.
(3) Any statutory modifications with respect to the
adjudication that the Secretary considers advisable.
(c) Consultation.--In carrying out subsection (a), the
Secretary shall consult with the Secretary of State, the
Secretary of Labor, the Assistant Secretary of the Bureau of
Border Security of the Department, and the Director of the
Executive Office for Immigration Review to determine how to
streamline and improve the process for applying for and
making adjudications described in section 451(b) and related
processes.
SEC. 460. REPORT ON RESPONDING TO FLUCTUATING NEEDS.
Not later than 30 days after the date of the enactment of
this Act, the Attorney General shall submit to Congress a
report on changes in law, including changes in authorizations
of appropriations and in appropriations, that are needed to
permit the Immigration and Naturalization Service, and, after
the transfer of functions specified in this subtitle takes
effect, the Bureau of Citizenship and Immigration Services of
the Department, to ensure a prompt and timely response to
emergent, unforeseen, or impending changes in the number of
applications for immigration benefits, and otherwise to
ensure the accommodation of changing immigration service
needs.
SEC. 461. APPLICATION OF INTERNET-BASED TECHNOLOGIES.
(a) Establishment of Tracking System.--The Secretary, not
later than 1 year after the effective date of this Act, in
consultation with the Technology Advisory Committee
established under subsection (c), shall establish an
Internet-based system, that will permit a person, employer,
immigrant, or nonimmigrant who has filings with the Secretary
for any benefit under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), access to online information about the
processing status of the filing involved.
(b) Feasibility Study for Online Filing and Improved
Processing.--
(1) Online filing.--The Secretary, in consultation with the
Technology Advisory Committee established under subsection
(c), shall conduct a feasibility study on the online filing
of the filings described in subsection (a). The study shall
include a review of computerization and technology of the
Immigration and Naturalization Service relating to the
immigration services and processing of filings related to
immigrant services. The study shall also include an estimate
of the timeframe and cost and shall consider other factors in
implementing such a filing system, including the feasibility
of fee payment online.
(2) Report.--A report on the study under this subsection
shall be submitted to the Committees on the Judiciary of the
House of Representatives and the Senate not later than 1 year
after the effective date of this Act.
(c) Technology Advisory Committee.--
(1) Establishment.--The Secretary shall establish, not
later than 60 days after the effective date of this Act, an
advisory committee (in this section referred to as the
``Technology Advisory Committee'') to assist the Secretary
in--
(A) establishing the tracking system under subsection (a);
and
(B) conducting the study under subsection (b).
The Technology Advisory Committee shall be established after
consultation with the Committees on the Judiciary of the
House of Representatives and the Senate.
(2) Composition.--The Technology Advisory Committee shall
be composed of representatives from high technology companies
capable of establishing and implementing the system in an
expeditious manner, and representatives of persons who may
use the tracking system described in subsection (a) and the
online filing system described in subsection (b)(1).
SEC. 462. CHILDREN'S AFFAIRS.
(a) 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 laws of the United States with respect to the
care of unaccompanied alien children that were vested by
statute in, or performed by, the Commissioner of Immigration
and Naturalization (or any officer, employee, or component of
the Immigration and Naturalization Service) immediately
before the effective date specified in subsection (d).
(b) Functions.--
(1) In general.--Pursuant to the transfer made by
subsection (a), the Director of the Office of Refugee
Resettlement shall be responsible for--
(A) coordinating and implementing the care and placement of
unaccompanied alien children who are in Federal custody by
reason of their immigration status, including developing a
plan to be submitted to Congress on how to ensure that
qualified and independent legal counsel is timely appointed
to represent the interests of each such child, 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 child are considered
in decisions and actions relating to the care and custody of
an unaccompanied alien child;
(C) making placement determinations for all unaccompanied
alien children who are in Federal custody by reason of their
immigration status;
(D) implementing the placement determinations;
(E) implementing policies with respect to the care and
placement of unaccompanied alien children;
[[Page H8667]]
(F) identifying a sufficient number of qualified
individuals, entities, and facilities to house unaccompanied
alien children;
(G) overseeing the infrastructure and personnel of
facilities in which unaccompanied alien children reside;
(H) reuniting unaccompanied alien children 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 children;
(J) maintaining statistical information and other data on
unaccompanied alien children for whose care and placement the
Director is responsible, which shall include--
(i) biographical information, such as a child's name,
gender, date of birth, country of birth, and country of
habitual residence;
(ii) the date on which the child came into Federal custody
by reason of his or her immigration status;
(iii) information relating to the child's placement,
removal, or release from each facility in which the child has
resided;
(iv) in any case in which the child is placed in detention
or released, an explanation relating to the detention or
release; and
(v) the disposition of any actions in which the child 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 children; and
(L) conducting investigations and inspections of facilities
and other entities in which unaccompanied alien children
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 the Bureau of Citizenship and
Immigration Services, and the Assistant Secretary of the
Bureau of Border Security to ensure that such determinations
ensure that unaccompanied alien children described in such
subparagraph--
(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 exploitive 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 children 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 use 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
children.
(c) Rule of Construction.--Nothing in this section may be
construed to transfer the responsibility for adjudicating
benefit 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.
(d) Effective Date.--Notwithstanding section 4, this
section shall take effect on the date on which the transfer
of functions specified under section 441 takes effect.
(e) 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.
(f) Other Transition Issues.--
(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 (d).
(2) Savings provisions.--Subsections (a), (b), and (c) of
section 1512 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 and
personnel.--The personnel of the Department of Justice
employed in connection with the functions transferred by this
section, and 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) Definitions.--As used in this section--
(1) the term ``placement'' means the placement of an
unaccompanied alien child in either a detention facility or
an alternative to such a facility; and
(2) the term ``unaccompanied alien child'' means a child
who--
(A) has no lawful immigration status 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.
Subtitle F--General Immigration Provisions
SEC. 471. ABOLISHMENT OF INS.
(a) In General.--The Immigration and Naturalization Service
of the Department of Justice is abolished.
(b) Prohibition.--The authority provided by section 1502
may be used to reorganize functions or organizational units
within the Bureau of Border Security or the Bureau of
Citizenship and Immigration Services, but may not be used to
recombine the two bureaus into a single agency or otherwise
to combine, join, or consolidate functions or organizational
units of the two bureaus with each other.
SEC. 472. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) Definitions.--For purposes of this section--
(1) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who--
(A) has completed at least 3 years of current continuous
service with 1 or more covered entities; and
(B) is serving under an appointment without time
limitation;
but does not include any person under subparagraphs (A)-(G)
of section 663(a)(2) of Public Law 104-208 (5 U.S.C. 5597
note);
(2) the term ``covered entity'' means--
(A) the Immigration and Naturalization Service;
(B) the Bureau of Border Security of the Department of
Homeland Security; and
(C) the Bureau of Citizenship and Immigration Services of
the Department of Homeland Security; and
(3) the term ``transfer date'' means the date on which the
transfer of functions specified under section 441 takes
effect.
(b) Strategic Restructuring Plan.--Before the Attorney
General or the Secretary obligates any resources for
voluntary separation incentive payments under this section,
such official shall submit to the appropriate committees of
Congress a strategic restructuring plan, which shall
include--
(1) an organizational chart depicting the covered entities
after their restructuring pursuant to this Act;
(2) a summary description of how the authority under this
section will be used to help carry out that restructuring;
and
(3) the information specified in section 663(b)(2) of
Public Law 104-208 (5 U.S.C. 5597 note).
As used in the preceding sentence, the ``appropriate
committees of Congress'' are the Committees on
Appropriations, Government Reform, and the Judiciary of the
House of Representatives, and the Committees on
Appropriations, Governmental Affairs, and the Judiciary of
the Senate.
(c) Authority.--The Attorney General and the Secretary may,
to the extent necessary to help carry out their respective
strategic restructuring plan described in subsection (b),
make voluntary separation incentive payments to employees.
Any such payment--
(1) shall be paid to the employee, in a lump sum, after the
employee has separated from service;
(2) shall be paid from appropriations or funds available
for the payment of basic pay of the employee;
(3) shall be equal to the lesser of--
(A) the amount the employee would be entitled to receive
under section 5595(c) of title 5, United States Code; or
(B) an amount not to exceed $25,000, as determined by the
Attorney General or the Secretary;
(4) may not be made except in the case of any qualifying
employee who voluntarily separates (whether by retirement or
resignation) before the end of--
(A) the 3-month period beginning on the date on which such
payment is offered or made available to such employee; or
(B) the 3-year period beginning on the date of the
enactment of this Act,
whichever occurs first;
(5) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit; and
(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 of title 5, United States Code,
based on any other separation.
(d) Additional Agency Contributions to the Retirement
Fund.--
(1) In general.--In addition to any payments which it is
otherwise required to make, the Department of Justice and the
Department of Homeland Security shall, for each fiscal year
with respect to which it makes any voluntary separation
incentive payments under this section, remit to the
[[Page H8668]]
Office of Personnel Management for deposit in the Treasury of
the United States to the credit of the Civil Service
Retirement and Disability Fund the amount required under
paragraph (2).
(2) Amount required.--The amount required under this
paragraph shall, for any fiscal year, be the amount under
subparagraph (A) or (B), whichever is greater.
(A) First method.--The amount under this subparagraph
shall, for any fiscal year, be equal to the minimum amount
necessary to offset the additional costs to the retirement
systems under title 5, United States Code (payable out of the
Civil Service Retirement and Disability Fund) resulting from
the voluntary separation of the employees described in
paragraph (3), as determined under regulations of the Office
of Personnel Management.
(B) Second method.--The amount under this subparagraph
shall, for any fiscal year, be equal to 45 percent of the sum
total of the final basic pay of the employees described in
paragraph (3).
(3) Computations to be based on separations occurring in
the fiscal year involved.--The employees described in this
paragraph are those employees who receive a voluntary
separation incentive payment under this section based on
their separating from service during the fiscal year with
respect to which the payment under this subsection relates.
(4) Final basic pay defined.--In this subsection, the term
``final basic pay'' means, with respect to an employee, the
total amount of basic pay which would be payable for a year
of service by such employee, computed using the employee's
final rate of basic pay, and, if last serving on other than a
full-time basis, with appropriate adjustment therefor.
(e) Effect of Subsequent Employment with the Government.--
An individual who receives a voluntary separation incentive
payment under this section and who, within 5 years after the
date of the separation on which the payment is based, accepts
any compensated employment with the Government or works for
any agency of the Government through a personal services
contract, shall be required to pay, prior to the individual's
first day of employment, the entire amount of the incentive
payment. Such payment shall be made to the covered entity
from which the individual separated or, if made on or after
the transfer date, to the Deputy Secretary or the Under
Secretary for Border and Transportation Security (for
transfer to the appropriate component of the Department of
Homeland Security, if necessary).
(f) Effect on Employment Levels.--
(1) Intended effect.--Voluntary separations under this
section are not intended to necessarily reduce the total
number of full-time equivalent positions in any covered
entity.
(2) Use of voluntary separations.--A covered entity may
redeploy or use the full-time equivalent positions vacated by
voluntary separations under this section to make other
positions available to more critical locations or more
critical occupations.
SEC. 473. AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT
RELATING TO DISCIPLINARY ACTION.
(a) In General.--The Attorney General and the Secretary may
each, during a period ending not later than 5 years after the
date of the enactment of this Act, conduct a demonstration
project for the purpose of determining whether one or more
changes in the policies or procedures relating to methods for
disciplining employees would result in improved personnel
management.
(b) Scope.--A demonstration project under this section--
(1) may not cover any employees apart from those employed
in or under a covered entity; and
(2) shall not be limited by any provision of chapter 43,
75, or 77 of title 5, United States Code.
(c) Procedures.--Under the demonstration project--
(1) the use of alternative means of dispute resolution (as
defined in section 571 of title 5, United States Code) shall
be encouraged, whenever appropriate; and
(2) each covered entity under the jurisdiction of the
official conducting the project shall be required to provide
for the expeditious, fair, and independent review of any
action to which section 4303 or subchapter II of chapter 75
of such title 5 would otherwise apply (except an action
described in section 7512(5) of such title 5).
(d) Actions Involving Discrimination.--Notwithstanding any
other provision of this section, if, in the case of any
matter described in section 7702(a)(1)(B) of title 5, United
States Code, there is no judicially reviewable action under
the demonstration project within 120 days after the filing of
an appeal or other formal request for review (referred to in
subsection (c)(2)), an employee shall be entitled to file a
civil action to the same extent and in the same manner as
provided in section 7702(e)(1) of such title 5 (in the matter
following subparagraph (C) thereof).
(e) Certain Employees.--Employees shall not be included
within any project under this section if such employees are--
(1) neither managers nor supervisors; and
(2) within a unit with respect to which a labor
organization is accorded exclusive recognition under chapter
71 of title 5, United States Code.
Notwithstanding the preceding sentence, an aggrieved employee
within a unit (referred to in paragraph (2)) may elect to
participate in a complaint procedure developed under the
demonstration project in lieu of any negotiated grievance
procedure and any statutory procedure (as such term is used
in section 7121 of such title 5).
(f) Reports.--The General Accounting Office shall prepare
and submit to the Committees on Government Reform and the
Judiciary of the House of Representatives and the Committees
on Governmental Affairs and the Judiciary of the Senate
periodic reports on any demonstration project conducted under
this section, such reports to be submitted after the second
and fourth years of its operation. Upon request, the Attorney
General or the Secretary shall furnish such information as
the General Accounting Office may require to carry out this
subsection.
(g) Definition.--In this section, the term ``covered
entity'' has the meaning given such term in section
472(a)(2).
SEC. 474. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the missions of the Bureau of Border Security and the
Bureau of Citizenship and Immigration Services are equally
important and, accordingly, they each should be adequately
funded; and
(2) the functions transferred under this subtitle should
not, after such transfers take effect, operate at levels
below those in effect prior to the enactment of this Act.
SEC. 475. DIRECTOR OF SHARED SERVICES.
(a) In General.--Within the Office of Deputy Secretary,
there shall be a Director of Shared Services.
(b) Functions.--The Director of Shared Services shall be
responsible for the coordination of resources for the Bureau
of Border Security and the Bureau of Citizenship and
Immigration Services, including--
(1) information resources management, including computer
databases and information technology;
(2) records and file management; and
(3) forms management.
SEC. 476. SEPARATION OF FUNDING.
(a) In General.--There shall be established separate
accounts in the Treasury of the United States for
appropriated funds and other deposits available for the
Bureau of Citizenship and Immigration Services and the Bureau
of Border Security.
(b) Separate Budgets.--To ensure that the Bureau of
Citizenship and Immigration Services and the Bureau of Border
Security are funded to the extent necessary to fully carry
out their respective functions, the Director of the Office of
Management and Budget shall separate the budget requests for
each such entity.
(c) Fees.--Fees imposed for a particular service,
application, or benefit shall be deposited into the account
established under subsection (a) that is for the bureau with
jurisdiction over the function to which the fee relates.
(d) Fees Not Transferable.--No fee may be transferred
between the Bureau of Citizenship and Immigration Services
and the Bureau of Border Security for purposes not authorized
by section 286 of the Immigration and Nationality Act (8
U.S.C. 1356).
SEC. 477. REPORTS AND IMPLEMENTATION PLANS.
(a) Division of Funds.--The Secretary, not later than 120
days after the effective date of this Act, shall submit to
the Committees on Appropriations and the Judiciary of the
House of Representatives and of the Senate a report on the
proposed division and transfer of funds, including unexpended
funds, appropriations, and fees, between the Bureau of
Citizenship and Immigration Services and the Bureau of Border
Security.
(b) Division of Personnel.--The Secretary, not later than
120 days after the effective date of this Act, shall submit
to the Committees on Appropriations and the Judiciary of the
House of Representatives and of the Senate a report on the
proposed division of personnel between the Bureau of
Citizenship and Immigration Services and the Bureau of Border
Security.
(c) Implementation Plan.--
(1) In general.--The Secretary, not later than 120 days
after the effective date of this Act, and every 6 months
thereafter until the termination of fiscal year 2005, shall
submit to the Committees on Appropriations and the Judiciary
of the House of Representatives and of the Senate an
implementation plan to carry out this Act.
(2) Contents.--The implementation plan should include
details concerning the separation of the Bureau of
Citizenship and Immigration Services and the Bureau of Border
Security, including the following:
(A) Organizational structure, including the field
structure.
(B) Chain of command.
(C) Procedures for interaction among such bureaus.
(D) Fraud detection and investigation.
(E) The processing and handling of removal proceedings,
including expedited removal and applications for relief from
removal.
(F) Recommendations for conforming amendments to the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(G) Establishment of a transition team.
(H) Methods to phase in the costs of separating the
administrative support systems of the Immigration and
Naturalization Service in order to provide for separate
administrative support systems for the Bureau of Citizenship
and Immigration Services and the Bureau of Border Security.
[[Page H8669]]
(d) Comptroller General Studies and Reports.--
(1) Status reports on transition.--Not later than 18 months
after the date on which the transfer of functions specified
under section 441 takes effect, and every 6 months
thereafter, until full implementation of this subtitle has
been completed, the Comptroller General of the United States
shall submit to the Committees on Appropriations and on the
Judiciary of the House of Representatives and the Senate a
report containing the following:
(A) A determination of whether the transfers of functions
made by subtitles D and E have been completed, and if a
transfer of functions has not taken place, identifying the
reasons why the transfer has not taken place.
(B) If the transfers of functions made by subtitles D and E
have been completed, an identification of any issues that
have arisen due to the completed transfers.
(C) An identification of any issues that may arise due to
any future transfer of functions.
(2) Report on management.--Not later than 4 years after the
date on which the transfer of functions specified under
section 441 takes effect, the Comptroller General of the
United States shall submit to the Committees on
Appropriations and on the Judiciary of the House of
Representatives and the Senate a report, following a study,
containing the following:
(A) Determinations of whether the transfer of functions
from the Immigration and Naturalization Service to the Bureau
of Citizenship and Immigration Services and the Bureau of
Border Security have improved, with respect to each function
transferred, the following:
(i) Operations.
(ii) Management, including accountability and
communication.
(iii) Financial administration.
(iv) Recordkeeping, including information management and
technology.
(B) A statement of the reasons for the determinations under
subparagraph (A).
(C) Any recommendations for further improvements to the
Bureau of Citizenship and Immigration Services and the Bureau
of Border Security.
(3) Report on fees.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on the Judiciary
of the House of Representatives and of the Senate a report
examining whether the Bureau of Citizenship and Immigration
Services is likely to derive sufficient funds from fees to
carry out its functions in the absence of appropriated funds.
SEC. 478. IMMIGRATION FUNCTIONS.
(a) Annual Report.--
(1) In general.--One year after the date of the enactment
of this Act, and each year thereafter, the Secretary shall
submit a report to the President, to the Committees on the
Judiciary and Government Reform of the House of
Representatives, and to the Committees on the Judiciary and
Government Affairs of the Senate, on the impact the transfers
made by this subtitle has had on immigration functions.
(2) Matter included.--The report shall address the
following with respect to the period covered by the report:
(A) The aggregate number of all immigration applications
and petitions received, and processed, by the Department;
(B) Region-by-region statistics on the aggregate number of
immigration applications and petitions filed by an alien (or
filed on behalf of an alien) and denied, disaggregated by
category of denial and application or petition type.
(C) The quantity of backlogged immigration applications and
petitions that have been processed, the aggregate number
awaiting processing, and a detailed plan for eliminating the
backlog.
(D) The average processing period for immigration
applications and petitions, disaggregated by application or
petition type.
(E) The number and types of immigration-related grievances
filed with any official of the Department of Justice, and if
those grievances were resolved.
(F) Plans to address grievances and improve immigration
services.
(G) Whether immigration-related fees were used consistent
with legal requirements regarding such use.
(H) Whether immigration-related questions conveyed by
customers to the Department (whether conveyed in person, by
telephone, or by means of the Internet) were answered
effectively and efficiently.
(b) Sense of Congress Regarding Immigration Services.--It
is the sense of Congress that--
(1) the quality and efficiency of immigration services
rendered by the Federal Government should be improved after
the transfers made by this subtitle take effect; and
(2) the Secretary should undertake efforts to guarantee
that concerns regarding the quality and efficiency of
immigration services are addressed after such effective date.
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.
The Secretary, acting through the Under Secretary for
Emergency Preparedness and Response, shall include--
(1) helping to ensure the effectiveness of emergency
response providers to 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 XV, 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 Integrated Hazard Information System of the
National Oceanic and Atmospheric Administration, which shall
be renamed ``FIRESAT''.
(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 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 and the Assistant Secretary for Public
Health Emergency Preparedness 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 in the United States), 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--
[[Page H8670]]
(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.
SEC. 507. ROLE OF FEDERAL EMERGENCY MANAGEMENT AGENCY.
(a) In General.--The functions of the Federal Emergency
Management Agency include the following:
(1) All functions and authorities prescribed by the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(2) Carrying out its mission to reduce the loss of life and
property and protect the Nation from all hazards by leading
and supporting the Nation in a comprehensive, risk-based
emergency management program--
(A) of mitigation, by taking sustained actions to reduce or
eliminate long-term risk to people and property from hazards
and their effects;
(B) of planning for building the emergency management
profession to prepare effectively for, mitigate against,
respond to, and recover from any hazard;
(C) of response, by conducting emergency operations to save
lives and property through positioning emergency equipment
and supplies, through evacuating potential victims, through
providing food, water, shelter, and medical care to those in
need, and through restoring critical public services;
(D) of recovery, by rebuilding communities so individuals,
businesses, and governments can function on their own, return
to normal life, and protect against future hazards; and
(E) of increased efficiencies, by coordinating efforts
relating to mitigation, planning, response, and recovery.
(b) Federal Response Plan.--
(1) Role of fema.--Notwithstanding any other provision of
this Act, the Federal Emergency Management Agency shall
remain the lead agency for the Federal Response Plan
established under Executive Order 12148 (44 Fed. Reg. 43239)
and Executive Order 12656 (53 Fed. Reg. 47491).
(2) Revision of response plan.--Not later than 60 days
after the date of enactment of this Act, the Director of the
Federal Emergency Management Agency shall revise the Federal
Response Plan to reflect the establishment of and incorporate
the Department.
SEC. 508. USE OF NATIONAL PRIVATE SECTOR NETWORKS IN
EMERGENCY RESPONSE.
To the maximum extent practicable, the Secretary shall use
national private sector networks and infrastructure for
emergency response to chemical, biological, radiological,
nuclear, or explosive disasters, and other major disasters.
SEC. 509. USE OF COMMERCIALLY AVAILABLE TECHNOLOGY, GOODS,
AND SERVICES.
It is the sense of Congress that--
(1) the Secretary should, to the maximum extent possible,
use off-the-shelf commercially developed technologies to
ensure that the Department's information technology systems
allow the Department to collect, manage, share, analyze, and
disseminate information securely over multiple channels of
communication; and
(2) in order to further the policy of the United States to
avoid competing commercially with the private sector, the
Secretary should rely on commercial sources to supply the
goods and services needed by the Department.
TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS
SEC. 601. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE
ARMED FORCES OF THE UNITED STATES AND OTHER
GOVERNMENTAL ORGANIZATIONS.
(a) Findings.--Congress finds the following:
(1) Members of the Armed Forces of the United States defend
the freedom and security of our Nation.
(2) Members of the Armed Forces of the United States have
lost their lives while battling the evils of terrorism around
the world.
(3) Personnel of the Central Intelligence Agency (CIA)
charged with the responsibility of covert observation of
terrorists around the world are often put in harm's way
during their service to the United States.
(4) Personnel of the Central Intelligence Agency have also
lost their lives while battling the evils of terrorism around
the world.
(5) Employees of the Federal Bureau of Investigation (FBI)
and other Federal agencies charged with domestic protection
of the United States put their lives at risk on a daily basis
for the freedom and security of our Nation.
(6) United States military personnel, CIA personnel, FBI
personnel, and other Federal agents in the service of the
United States are patriots of the highest order.
(7) CIA officer Johnny Micheal Spann became the first
American to give his life for his country in the War on
Terrorism declared by President George W. Bush following the
terrorist attacks of September 11, 2001.
(8) Johnny Micheal Spann left behind a wife and children
who are very proud of the heroic actions of their patriot
father.
(9) Surviving dependents of members of the Armed Forces of
the United States who lose their lives as a result of
terrorist attacks or military operations abroad receive a
$6,000 death benefit, plus a small monthly benefit.
(10) The current system of compensating spouses and
children of American patriots is inequitable and needs
improvement.
(b) Designation of Johnny Micheal Spann Patriot Trusts.--
Any charitable corporation, fund, foundation, or trust (or
separate fund or account thereof) which otherwise meets all
applicable requirements under law with respect to charitable
entities and meets the requirements described in subsection
(c) shall be eligible to characterize itself as a ``Johnny
Micheal Spann Patriot Trust''.
(c) Requirements for the Designation of Johnny Micheal
Spann Patriot Trusts.--The requirements described in this
subsection are as follows:
(1) Not taking into account funds or donations reasonably
necessary to establish a trust, at least 85 percent of all
funds or donations (including any earnings on the investment
of such funds or donations) received or collected by any
Johnny Micheal Spann Patriot Trust must be distributed to
(or, if placed in a private foundation, held in trust for)
surviving spouses, children, or dependent parents,
grandparents, or siblings of 1 or more of the following:
(A) members of the Armed Forces of the United States;
(B) personnel, including contractors, of elements of the
intelligence community, as defined in section 3(4) of the
National Security Act of 1947;
(C) employees of the Federal Bureau of Investigation; and
(D) officers, employees, or contract employees of the
United States Government,
whose deaths occur in the line of duty and arise out of
terrorist attacks, military operations, intelligence
operations, or law enforcement operations or accidents
connected with activities occurring after September 11, 2001,
and related to domestic or foreign efforts to curb
international terrorism, including the Authorization for Use
of Military Force (Public Law 107-40; 115 Stat. 224).
(2) Other than funds or donations reasonably necessary to
establish a trust, not more than 15 percent of all funds or
donations (or 15 percent of annual earnings on funds invested
in a private foundation) may be used for administrative
purposes.
(3) No part of the net earnings of any Johnny Micheal Spann
Patriot Trust may inure to the benefit of any individual
based solely on the position of such individual as a
shareholder, an officer or employee of such Trust.
(4) None of the activities of any Johnny Micheal Spann
Patriot Trust shall be conducted in a manner inconsistent
with any law that prohibits attempting to influence
legislation.
(5) No Johnny Micheal Spann Patriot Trust may participate
in or intervene in any political campaign on behalf of (or in
opposition to) any candidate for public office, including by
publication or distribution of statements.
(6) Each Johnny Micheal Spann Patriot Trust shall comply
with the instructions and directions of the Director of
Central Intelligence, the Attorney General, or the Secretary
of Defense relating to the protection of intelligence sources
and methods, sensitive law enforcement information, or other
sensitive national security information, including methods
for confidentially disbursing funds.
(7) Each Johnny Micheal Spann Patriot Trust that receives
annual contributions totaling more than $1,000,000 must be
audited annually by an independent certified public
accounting firm. Such audits shall be filed with the Internal
Revenue Service, and shall be open to public inspection,
except that the conduct, filing, and availability of the
audit shall be consistent with the protection of intelligence
sources and methods, of sensitive law enforcement
information, and of other sensitive national security
information.
(8) Each Johnny Micheal Spann Patriot Trust shall make
distributions to beneficiaries described in paragraph (1) at
least once every calendar year, beginning not later than 12
months after the formation of such Trust, and all funds and
donations received and earnings not placed in a private
foundation dedicated to such beneficiaries must be
distributed within 36 months after the end of the fiscal year
in which such funds, donations, and earnings are received.
(9)(A) When determining the amount of a distribution to any
beneficiary described in paragraph (1), a Johnny Micheal
Spann Patriot Trust should take into account the amount of
any collateral source compensation that the beneficiary has
received or is entitled to receive as a result of the death
of an individual described in paragraph (1).
(B) Collateral source compensation includes all
compensation from collateral sources, including life
insurance, pension funds, death benefit programs, and
payments by Federal, State, or local governments related to
the death of an individual described in paragraph (1).
(d) Treatment of Johnny Micheal Spann Patriot Trusts.--Each
Johnny Micheal Spann Patriot Trust shall refrain from
conducting the activities described in clauses (i)
[[Page H8671]]
and (ii) of section 301(20)(A) of the Federal Election
Campaign Act of 1971 so that a general solicitation of funds
by an individual described in paragraph (1) of section 323(e)
of such Act will be permissible if such solicitation meets
the requirements of paragraph (4)(A) of such section.
(e) Notification of Trust Beneficiaries.--Notwithstanding
any other provision of law, and in a manner consistent with
the protection of intelligence sources and methods and
sensitive law enforcement information, and other sensitive
national security information, the Secretary of Defense, the
Director of the Federal Bureau of Investigation, or the
Director of Central Intelligence, or their designees, as
applicable, may forward information received from an
executor, administrator, or other legal representative of the
estate of a decedent described in subparagraph (A), (B), (C),
or (D) of subsection (c)(1), to a Johnny Micheal Spann
Patriot Trust on how to contact individuals eligible for a
distribution under subsection (c)(1) for the purpose of
providing assistance from such Trust; provided that, neither
forwarding nor failing to forward any information under this
subsection shall create any cause of action against any
Federal department, agency, officer, agent, or employee.
(f) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense, in
coordination with the Attorney General, the Director of the
Federal Bureau of Investigation, and the Director of Central
Intelligence, shall prescribe regulations to carry out this
section.
TITLE VII--MANAGEMENT
SEC. 701. UNDER SECRETARY FOR MANAGEMENT.
(a) In General.--The Secretary, acting through the Under
Secretary for Management, shall be responsible for the
management and administration of the Department, including
the following:
(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.
(7) Identification and tracking of performance measures
relating to the responsibilities of the Department.
(8) Grants and other assistance management programs.
(9) The transition and reorganization process, to ensure an
efficient and orderly transfer of functions and personnel to
the Department, including the development of a transition
plan.
(10) The conduct of internal audits and management analyses
of the programs and activities of the Department.
(11) Any other management duties that the Secretary may
designate.
(b) Immigration.--
(1) In general.--In addition to the responsibilities
described in subsection (a), the Under Secretary for
Management shall be responsible for the following:
(A) Maintenance of all immigration statistical information
of the Bureau of Border Security and the Bureau of
Citizenship and Immigration Services. Such statistical
information shall include information and statistics of the
type contained in the publication entitled ``Statistical
Yearbook of the Immigration and Naturalization Service''
prepared by the Immigration and Naturalization Service (as in
effect immediately before the date on which the transfer of
functions specified under section 441 takes effect),
including region-by-region statistics on the aggregate number
of applications and petitions filed by an alien (or filed on
behalf of an alien) and denied by such bureau, and the
reasons for such denials, disaggregated by category of denial
and application or petition type.
(B) Establishment of standards of reliability and validity
for immigration statistics collected by such bureaus.
(2) Transfer of functions.--In accordance with title XV,
there shall be transferred to the Under Secretary for
Management all functions performed immediately before such
transfer occurs by the Statistics Branch of the Office of
Policy and Planning of the Immigration and Naturalization
Service with respect to the following programs:
(A) The Border Patrol program.
(B) The detention and removal program.
(C) The intelligence program.
(D) The investigations program.
(E) The inspections program.
(F) Adjudication of immigrant visa petitions.
(G) Adjudication of naturalization petitions.
(H) Adjudication of asylum and refugee applications.
(I) Adjudications performed at service centers.
(J) All other adjudications performed by the Immigration
and Naturalization Service.
SEC. 702. 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. 703. 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. 704. 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.
SEC. 705. ESTABLISHMENT OF OFFICER FOR CIVIL RIGHTS AND CIVIL
LIBERTIES.
(a) In General.--The Secretary shall appoint in the
Department an Officer for Civil Rights and Civil Liberties,
who shall--
(1) review and assess information alleging abuses of civil
rights, civil liberties, and racial and ethnic profiling by
employees and officials of the Department; and
(2) make public through the Internet, radio, television, or
newspaper advertisements information on the responsibilities
and functions of, and how to contact, the Officer.
(b) Report.--The Secretary shall submit to the President of
the Senate, the Speaker of the House of Representatives, and
the appropriate committees and subcommittees of Congress on
an annual basis a report on the implementation of this
section, including the use of funds appropriated to carry out
this section, and detailing any allegations of abuses
described under subsection (a)(1) and any actions taken by
the Department in response to such allegations.
SEC. 706. CONSOLIDATION AND CO-LOCATION OF OFFICES.
Not later than 1 year after the date of the enactment of
this Act, the Secretary shall develop and submit to Congress
a plan for consolidating and co-locating--
(1) any regional offices or field offices of agencies that
are transferred to the Department under this Act, if such
officers are located in the same municipality; and
(2) portions of regional and field offices of other Federal
agencies, to the extent such offices perform functions that
are transferred to the Secretary under this Act.
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
Subtitle A--Coordination with Non-Federal Entities
SEC. 801. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION.
(a) Establishment.--There is established within the Office
of the Secretary the Office for State and Local Government
Coordination, to oversee and coordinate departmental programs
for and relationships with State and local governments.
(b) Responsibilities.--The Office established under
subsection (a) shall--
(1) coordinate the activities of the Department relating to
State and local government;
(2) assess, and advocate for, the resources needed by State
and local government to implement the national strategy for
combating terrorism;
(3) provide State and local government with regular
information, research, and technical support to assist local
efforts at securing the homeland; and
(4) develop a process for receiving meaningful input from
State and local government to assist the development of the
national strategy for combating terrorism and other homeland
security activities.
Subtitle B--Inspector General
SEC. 811. 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 sensitive 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 Certain Investigations.--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
[[Page H8672]]
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 Required.--If the Secretary exercises any
power under subsection (a) or (b), the Secretary shall notify
the Inspector General of the Department in writing 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 and a written response thereto that
includes--
(1) a statement as to whether the Inspector General agrees
or disagrees with such exercise; and
(2) the reasons for any disagreement, to the President of
the Senate and the Speaker of the House of Representatives
and to appropriate committees and subcommittees of Congress.
(d) Access to Information by Congress.--The exercise of
authority by the Secretary described in subsection (b) should
not be construed as limiting the right of Congress or any
committee of Congress to access any information it seeks.
(e) Oversight Responsibility--The Inspector General Act of
1978 (5 U.S.C. App.) is amended by inserting after section 8I
the following:
``special provisions concerning the department of homeland security
``Sec. 8J. Notwithstanding any other provision of law, in
carrying out the duties and responsibilities specified in
this Act, the Inspector General of the Department of Homeland
Security shall have oversight responsibility for the internal
investigations performed by the Office of Internal Affairs of
the United States Customs Service and the Office of
Inspections of the United States Secret Service. The head of
each such office shall promptly report to the Inspector
General the significant activities being carried out by such
office.''.
SEC. 812. 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 seizure 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)(A) Powers authorized for an Office of Inspector
General under paragraph (1) may 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).
``(B) Powers authorized to be exercised by any individual
under paragraph (1) may be rescinded or suspended with
respect to that individual upon a determination by the
Attorney General that such individual has not complied with
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. 821. FUNCTIONS TRANSFERRED.
In accordance with title XV, there shall be transferred to
the Secretary the functions, personnel, assets, and
obligations 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--Acquisitions
SEC. 831. RESEARCH AND DEVELOPMENT PROJECTS.
(a) Authority.--During the 5-year period following the
effective date of this Act, the Secretary may carry out a
pilot program under which the Secretary may exercise the
following authorities:
(1) In general.--When the Secretary carries out basic,
applied, and advanced research and development projects,
including the expenditure of funds for such projects, the
Secretary 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 (b)
of this 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.
[[Page H8673]]
(b) Report.--Not later than 2 years after the effective
date of this Act, and annually thereafter, the Comptroller
General shall report to the Committee on Government Reform of
the House of Representatives and the Committee on
Governmental Affairs of the Senate on--
(1) whether use of the authorities described in subsection
(a) attracts nontraditional Government contractors and
results in the acquisition of needed technologies; and
(2) if such authorities were to be made permanent, whether
additional safeguards are needed with respect to the use of
such authorities.
(c) 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.
(d) Definition of Nontraditional Government Contractor.--In
this section, the term ``nontraditional Government
contractor'' has the same meaning as the term
``nontraditional defense contractor'' as defined in section
845(e) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note).
SEC. 832. PERSONAL SERVICES.
The Secretary--
(1) may procure the temporary or intermittent services of
experts or consultants (or organizations thereof) in
accordance with section 3109 of title 5, United States Code;
and
(2) may, 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. 833. SPECIAL STREAMLINED ACQUISITION AUTHORITY.
(a) Authority.--
(1) In general.--The Secretary may use the authorities set
forth in this section with respect to any procurement made
during the period beginning on the effective date of this Act
and ending September 30, 2007, if the Secretary determines in
writing that the mission of the Department (as described in
section 101) would be seriously impaired without the use of
such authorities.
(2) Delegation.--The authority to make the determination
described in paragraph (1) may not be delegated by the
Secretary to an officer of the Department who is not
appointed by the President with the advice and consent of the
Senate.
(3) Notification.--Not later than the date that is 7 days
after the date of any determination under paragraph (1), the
Secretary shall submit to the Committee on Government Reform
of the House of Representatives and the Committee on
Governmental Affairs of the Senate--
(A) notification of such determination; and
(B) the justification for such determination.
(b) Increased Micro-Purchase Threshold For Certain
Procurements.--
(1) In general.--The Secretary may designate certain
employees of the Department to make procurements described in
subsection (a) for which in the administration of section 32
of the Office of Federal Procurement Policy Act (41 U.S.C.
428) the amount specified in subsections (c), (d), and (f) of
such section 32 shall be deemed to be $7,500.
(2) Number of employees.--The number of employees
designated under paragraph (1) shall be--
(A) fewer than the number of employees of the Department
who are authorized to make purchases without obtaining
competitive quotations, pursuant to section 32(c) of the
Office of Federal Procurement Policy Act (41 U.S.C. 428(c));
(B) sufficient to ensure the geographic dispersal of the
availability of the use of the procurement authority under
such paragraph at locations reasonably considered to be
potential terrorist targets; and
(C) sufficiently limited to allow for the careful
monitoring of employees designated under such paragraph.
(3) Review.--Procurements made under the authority of this
subsection shall be subject to review by a designated
supervisor on not less than a monthly basis. The supervisor
responsible for the review shall be responsible for no more
than 7 employees making procurements under this subsection.
(c) Simplified Acquisition Procedures.--
(1) In general.--With respect to a procurement described in
subsection (a), the Secretary may deem the simplified
acquisition threshold referred to in section 4(11) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(11))
to be--
(A) in the case of a contract to be awarded and performed,
or purchase to be made, within the United States, $200,000;
and
(B) in the case of a contract to be awarded and performed,
or purchase to be made, outside of the United States,
$300,000.
(2) Conforming amendments.--Section 18(c)(1) of the Office
of Federal Procurement Policy Act is amended--
(A) by striking ``or'' at the end of subparagraph (F);
(B) by striking the period at the end of subparagraph (G)
and inserting ``; or''; and
(C) by adding at the end the following:
``(H) the procurement is by the Secretary of Homeland
Security pursuant to the special procedures provided in
section 833(c) of the Homeland Security Act of 2002.''.
(d) Application of Certain Commercial Items Authorities.--
(1) In general.--With respect to a procurement described in
subsection (a), the Secretary may deem any item or service to
be a commercial item for the purpose of Federal procurement
laws.
(2) Limitation.--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)) 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 be deemed to be $7,500,000 for
purposes of property or services under the authority of this
subsection.
(3) Certain authority.--Authority under a provision of law
referred to in paragraph (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 a
procurement described in subsection (a).
(e) Report.--Not later than 180 days after the end of
fiscal year 2005, the Comptroller General shall submit to the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of
Representatives a report on the use of the authorities
provided in this section. The report shall contain the
following:
(1) An assessment of the extent to which property and
services acquired using authorities provided under this
section contributed to the capacity of the Federal workforce
to facilitate the mission of the Department as described in
section 101.
(2) An assessment of the extent to which prices for
property and services acquired using authorities provided
under this section reflected the best value.
(3) The number of employees designated by each executive
agency under subsection (b)(1).
(4) An assessment of the extent to which the Department has
implemented subsections (b)(2) and (b)(3) to monitor the use
of procurement authority by employees designated under
subsection (b)(1).
(5) Any recommendations of the Comptroller General for
improving the effectiveness of the implementation of the
provisions of this section.
SEC. 834. UNSOLICITED PROPOSALS.
(a) Regulations Required.--Within 1 year of the date of
enactment of this Act, the Federal Acquisition Regulation
shall be revised to include regulations with regard to
unsolicited proposals.
(b) Content of Regulations.--The regulations prescribed
under subsection (a) shall require that before initiating a
comprehensive evaluation, an agency contact point shall
consider, among other factors, that the proposal--
(1) is not submitted in response to a previously published
agency requirement; and
(2) contains technical and cost information for evaluation
and overall scientific, technical or socioeconomic merit, or
cost-related or price-related factors.
SEC. 835. PROHIBITION ON CONTRACTS WITH CORPORATE
EXPATRIATES.
(a) In General.--The Secretary may not enter into any
contract with a foreign incorporated entity which is treated
as an inverted domestic corporation under subsection (b).
(b) Inverted Domestic Corporation.--For purposes of this
section, a foreign incorporated entity shall be treated as an
inverted domestic corporation if, pursuant to a plan (or a
series of related transactions)--
(1) the entity completes after the date of enactment of
this Act, the direct or indirect acquisition of substantially
all of the properties held directly or indirectly by a
domestic corporation or substantially all of the properties
constituting a trade or business of a domestic partnership;
(2) after the acquisition at least 80 percent of the stock
(by vote or value) of the entity is held--
(A) in the case of an acquisition with respect to a
domestic corporation, by former shareholders of the domestic
corporation by reason of holding stock in the domestic
corporation; or
(B) in the case of an acquisition with respect to a
domestic partnership, by former partners of the domestic
partnership by reason of holding a capital or profits
interest in the domestic partnership; and
(3) the expanded affiliated group which after the
acquisition includes the entity does not have substantial
business activities in the foreign country in which or under
the law of which the entity is created or organized when
compared to the total business activities of such expanded
affiliated group.
(c) Definitions and Special Rules.--
(1) Rules for application of subsection (b).--In applying
subsection (b) for purposes of subsection (a), the following
rules shall apply:
(A) Certain stock disregarded.--There shall not be taken
into account in determining ownership for purposes of
subsection (b)(2)--
(i) stock held by members of the expanded affiliated group
which includes the foreign incorporated entity; or
(ii) stock of such entity which is sold in a public
offering related to the acquisition described in subsection
(b)(1).
[[Page H8674]]
(B) Plan deemed in certain cases.--If a foreign
incorporated entity acquires directly or indirectly
substantially all of the properties of a domestic corporation
or partnership during the 4-year period beginning on the date
which is after the date of enactment of this Act and which is
2 years before the ownership requirements of subsection
(b)(2) are met, such actions shall be treated as pursuant to
a plan.
(C) Certain transfers disregarded.--The transfer of
properties or liabilities (including by contribution or
distribution) shall be disregarded if such transfers are part
of a plan a principal purpose of which is to avoid the
purposes of this section.
(D) Special rule for related partnerships.--For purposes of
applying subsection (b) to the acquisition of a domestic
partnership, except as provided in regulations, all domestic
partnerships which are under common control (within the
meaning of section 482 of the Internal Revenue Code of 1986)
shall be treated as I partnership.
(E) Treatment of certain rights.--The Secretary shall
prescribe such regulations as may be necessary to--
(i) treat warrants, options, contracts to acquire stock,
convertible debt instruments, and other similar interests as
stock; and
(ii) treat stock as not stock.
(2) Expanded affiliated group.--The term ``expanded
affiliated group'' means an affiliated group as defined in
section 1504(a) of the Internal Revenue Code of 1986 (without
regard to section 1504(b) of such Code), except that section
1504 of such Code shall be applied by substituting ``more
than 50 percent'' for ``at least 80 percent'' each place it
appears.
(3) Foreign incorporated entity.--The term ``foreign
incorporated entity'' means any entity which is, or but for
subsection (b) would be, treated as a foreign corporation for
purposes of the Internal Revenue Code of 1986.
(4) Other definitions.--The terms ``person'', ``domestic'',
and ``foreign'' have the meanings given such terms by
paragraphs (1), (4), and (5) of section 7701 (a) of the
Internal Revenue Code of 1986, respectively.
(d) Waivers.--The Secretary shall waive subsection (a) with
respect to any specific contract if the Secretary determines
that the waiver is required in the interest of homeland
security, or to prevent the loss of any jobs in the United
States or prevent the Government from incurring any
additional costs that otherwise would not occur.
Subtitle E--Human Resources Management
SEC. 841. 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 of Homeland Security 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 of Homeland
Security.
``(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), (8), and (9); or
``(ii) any provision of law implementing any provision of
law referred to in section 2302(b)(1), (8), and (9) 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 participation of employee
representatives in the planning, development, and
implementation of any human resources management system or
adjustments to such system under this section, the Secretary
of Homeland Security 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 30 calendar 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) Pre-implementation congressional notification,
consultation, and mediation.--Following receipt of
recommendations, if any, from employee representatives with
respect to a proposal described in subparagraph (A), the
Secretary and the Director shall accept such modifications to
the proposal in response to the recommendations as they
determine advisable and shall, with respect to any parts of
the proposal as to which they have not accepted the
recommendations--
``(i) notify Congress of those parts of the proposal,
together with the recommendations of employee
representatives;
``(ii) meet and confer for not less than 30 calendar days
with any representatives who have made recommendations, in
order to attempt to reach agreement on whether or how to
proceed with those parts of the proposal; and
``(iii) at the Secretary's option, or if requested by a
majority of the employee representatives who have made
recommendations, use the services of the Federal Mediation
and Conciliation Service during such meet and confer period
to facilitate the process of attempting to reach agreement.
``(C) Implementation.--
``(i) Any part of the proposal as to which the
representatives do not make a recommendation, or as to which
their recommendations are accepted by the Secretary and the
Director, may be implemented immediately.
``(ii) With respect to any parts of the proposal as to
which recommendations have been made but not accepted by the
Secretary and the Director, at any time after 30 calendar
days have elapsed since the initiation of the congressional
notification, consultation, and mediation procedures set
forth in subparagraph (B), if the Secretary determines, in
the Secretary's sole and unreviewable discretion, that
further consultation and mediation is unlikely to produce
agreement, the Secretary may implement any or all of such
parts, including any modifications made in response to the
recommendations as the Secretary determines advisable.
``(iii) The Secretary shall promptly notify Congress of the
implementation of any part of the proposal and shall furnish
with such notice an explanation of the proposal, any changes
made to the proposal as a result of recommendations from
employee representatives, and of the reasons why
implementation is appropriate under this subparagraph.
[[Page H8675]]
``(D) 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 as internal rules of departmental procedure
which shall not be subject to review. 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;
``(C) the fair and expeditious handling of the consultation
and mediation process described in subparagraph (B) of
paragraph (1), including procedures by which, if the number
of employee representatives providing recommendations exceeds
5, such representatives select a committee or other unified
representative with which the Secretary and Director may meet
and confer; and
``(D) 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) Provisions Relating to Labor-Management Relations.--
Nothing in this section shall be construed as conferring
authority on the Secretary of Homeland Security to modify any
of the provisions of section 842 of the Homeland Security Act
of 2002.
``(h) Sunset Provision.--Effective 5 years after the
conclusion of the transition period defined under section
1501 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) Technical and conforming 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 under 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 1
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. 842. 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 employees first appointed on or after such
date, the preceding sentence shall be applied disregarding
subparagraph (A).
(c) Waiver.--If the President determines that the
application of subsections (a), (b), and (d) would have a
substantial adverse impact on the ability of the Department
to protect homeland security, the President may waive the
application of such subsections 10 days after the President
has submitted to Congress a written explanation of the
reasons for such determination.
(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.
(e) Rule of construction.--Nothing in section 9701(e) of
title 5, United States Code, shall be considered to apply
with respect to any agency or subdivision of any agency,
which is excluded from the coverage of chapter 71 of title 5,
United States Code, by virtue of an order issued in
accordance with section 7103(b) of such title and the
preceding provisions of this section (as applicable), or to
any employees of any such agency or subdivision or to any
individual or entity representing any such employees or any
representatives thereof.
Subtitle F--Federal Emergency Procurement Flexibility
SEC. 851. DEFINITION.
In this subtitle, 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. 852. 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. 853. 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 852 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--
[[Page H8676]]
(1) in the case of a contract to be awarded and performed,
or purchase to be made, inside the United States, $200,000;
or
(2) in the case of a contract to be awarded and performed,
or purchase to be made, outside the United States, $300,000.
(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. 854. 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 852, the amount
specified in subsections (c), (d), and (f) of such section 32
shall be deemed to be $7,500.
SEC. 855. 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 852 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. 856. 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 852, 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 852.
SEC. 857. 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. 858. 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--Support Anti-terrorism by Fostering Effective Technologies
Act of 2002
SEC. 861. SHORT TITLE.
This subtitle may be cited as the ``Support Anti-terrorism
by Fostering Effective Technologies Act of 2002'' or the
``SAFETY Act''.
SEC. 862. ADMINISTRATION.
(a) In General.--The Secretary shall be responsible for the
administration of this subtitle.
(b) Designation of Qualified Anti-Terrorism Technologies.--
The Secretary may designate anti-terrorism technologies that
qualify for protection under the system of risk management
set forth in this subtitle in accordance with criteria that
shall include, but not be limited to, the following:
(1) Prior United States government use or demonstrated
substantial utility and effectiveness.
(2) Availability of the technology for immediate deployment
in public and private settings.
(3) Existence of extraordinarily large or extraordinarily
unquantifiable potential third party liability risk exposure
to the Seller or other provider of such anti-terrorism
technology.
(4) Substantial likelihood that such anti-terrorism
technology will not be deployed unless protections under the
system of risk management provided under this subtitle are
extended.
(5) Magnitude of risk exposure to the public if such anti-
terrorism technology is not deployed.
(6) Evaluation of all scientific studies that can be
feasibly conducted in order to assess the capability of the
technology to substantially reduce risks of harm.
(7) Anti-terrorism technology that would be effective in
facilitating the defense against acts of terrorism, including
technologies that prevent, defeat or respond to such acts.
(c) Regulations.--The Secretary may issue such regulations,
after notice and comment in accordance with section 553 of
title 5, United States, Code, as may be necessary to carry
out this subtitle.
SEC. 863. LITIGATION MANAGEMENT.
(a) Federal Cause of Action.--
(1) In general.--There shall exist a Federal cause of
action for claims arising out of, relating to, or resulting
from an act of terrorism when qualified anti-terrorism
technologies have been deployed in defense against or
response or recovery from such act and such claims result or
may result in loss to the Seller. The substantive law for
decision in any such action shall be derived from the law,
including choice of law principles, of the State in which
such acts of terrorism occurred, unless such law is
inconsistent with or preempted by Federal law. Such Federal
cause of action shall be brought only for claims for injuries
that are proximately caused by sellers that provide qualified
anti-terrorism technology to Federal and non-Federal
government customers.
(2) Jurisdiction.--Such appropriate district court of the
United States shall have original and exclusive jurisdiction
over all actions for any claim for loss of property,
[[Page H8677]]
personal injury, or death arising out of, relating to, or
resulting from an act of terrorism when qualified anti-
terrorism technologies have been deployed in defense against
or response or recovery from such act and such claims result
or may result in loss to the Seller.
(b) Special Rules.--In an action brought under this section
for damages the following provisions apply:
(1) Punitive damages.--No punitive damages intended to
punish or deter, exemplary damages, or other damages not
intended to compensate a plaintiff for actual losses may be
awarded, nor shall any party be liable for interest prior to
the judgment.
(2) Noneconomic damages.--
(A) In general.--Noneconomic damages may be awarded against
a defendant only in an amount directly proportional to the
percentage of responsibility of such defendant for the harm
to the plaintiff, and no plaintiff may recover noneconomic
damages unless the plaintiff suffered physical harm.
(B) Definition.--For purposes of subparagraph (A), the term
``noneconomic damages'' means damages for losses for physical
and emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment
of life, loss of society and companionship, loss of
consortium, hedonic damages, injury to reputation, and any
other nonpecuniary losses.
(c) Collateral Sources.--Any recovery by a plaintiff in an
action under this section shall be reduced by the amount of
collateral source compensation, if any, that the plaintiff
has received or is entitled to receive as a result of such
acts of terrorism that result or may result in loss to the
Seller.
(d) Government Contractor Defense.--
(1) In general.--Should a product liability or other
lawsuit be filed for claims arising out of, relating to, or
resulting from an act of terrorism when qualified anti-
terrorism technologies approved by the Secretary, as provided
in paragraphs (2) and (3) of this subsection, have been
deployed in defense against or response or recovery from such
act and such claims result or may result in loss to the
Seller, there shall be a rebuttable presumption that the
government contractor defense applies in such lawsuit. This
presumption shall only be overcome by evidence showing that
the Seller acted fraudulently or with willful misconduct in
submitting information to the Secretary during the course of
the Secretary's consideration of such technology under this
subsection. This presumption of the government contractor
defense shall apply regardless of whether the claim against
the Seller arises from a sale of the product to Federal
Government or non-Federal Government customers.
(2) Exclusive responsibility.--The Secretary will be
exclusively responsible for the review and approval of anti-
terrorism technology for purposes of establishing a
government contractor defense in any product liability
lawsuit for claims arising out of, relating to, or resulting
from an act of terrorism when qualified anti-terrorism
technologies approved by the Secretary, as provided in this
paragraph and paragraph (3), have been deployed in defense
against or response or recovery from such act and such claims
result or may result in loss to the Seller. Upon the Seller's
submission to the Secretary for approval of anti-terrorism
technology, the Secretary will conduct a comprehensive review
of the design of such technology and determine whether it
will perform as intended, conforms to the Seller's
specifications, and is safe for use as intended. The Seller
will conduct safety and hazard analyses on such technology
and will supply the Secretary with all such information.
(3) Certificate.--For anti-terrorism technology reviewed
and approved by the Secretary, the Secretary will issue a
certificate of conformance to the Seller and place the anti-
terrorism technology on an Approved Product List for Homeland
Security.
(e) Exclusion.--Nothing in this section shall in any way
limit the ability of any person to seek any form of recovery
from any person, government, or other entity that--
(1) attempts to commit, knowingly participates in, aids and
abets, or commits any act of terrorism, or any criminal act
related to or resulting from such act of terrorism; or
(2) participates in a conspiracy to commit any such act of
terrorism or any such criminal act.
SEC. 864. RISK MANAGEMENT.
(a) In General.--
(1) Liability insurance required.--Any person or entity
that sells or otherwise provides a qualified anti-terrorism
technology to Federal and non-Federal government customers
(``Seller'') shall obtain liability insurance of such types
and in such amounts as shall be required in accordance with
this section and certified by the Secretary to satisfy
otherwise compensable third-party claims arising out of,
relating to, or resulting from an act of terrorism when
qualified anti-terrorism technologies have been deployed in
defense against or response or recovery from such act.
(2) Maximum amount.--For the total claims related to 1 such
act of terrorism, the Seller is not required to obtain
liability insurance of more than the maximum amount of
liability insurance reasonably available from private sources
on the world market at prices and terms that will not
unreasonably distort the sales price of Seller's anti-
terrorism technologies.
(3) Scope of coverage.--Liability insurance obtained
pursuant to this subsection shall, in addition to the Seller,
protect the following, to the extent of their potential
liability for involvement in the manufacture, qualification,
sale, use, or operation of qualified anti-terrorism
technologies deployed in defense against or response or
recovery from an act of terrorism:
(A) contractors, subcontractors, suppliers, vendors and
customers of the Seller.
(B) contractors, subcontractors, suppliers, and vendors of
the customer.
(4) Third party claims.--Such liability insurance under
this section shall provide coverage against third party
claims arising out of, relating to, or resulting from the
sale or use of anti-terrorism technologies.
(b) Reciprocal Waiver of Claims.--The Seller shall enter
into a reciprocal waiver of claims with its contractors,
subcontractors, suppliers, vendors and customers, and
contractors and subcontractors of the customers, involved in
the manufacture, sale, use or operation of qualified anti-
terrorism technologies, under which each party to the waiver
agrees to be responsible for losses, including business
interruption losses, that it sustains, or for losses
sustained by its own employees resulting from an activity
resulting from an act of terrorism when qualified anti-
terrorism technologies have been deployed in defense against
or response or recovery from such act.
(c) Extent of Liability.--Notwithstanding any other
provision of law, liability for all claims against a Seller
arising out of, relating to, or resulting from an act of
terrorism when qualified anti-terrorism technologies have
been deployed in defense against or response or recovery from
such act and such claims result or may result in loss to the
Seller, whether for compensatory or punitive damages or for
contribution or indemnity, shall not be in an amount greater
than the limits of liability insurance coverage required to
be maintained by the Seller under this section.
SEC. 865. DEFINITIONS.
For purposes of this subtitle, the following definitions
apply:
(1) Qualified anti-terrorism technology.--For purposes of
this subtitle, the term ``qualified anti-terrorism
technology'' means any product, equipment, service (including
support services), device, or technology (including
information technology) designed, developed, modified, or
procured for the specific purpose of preventing, detecting,
identifying, or deterring acts of terrorism or limiting the
harm such acts might otherwise cause, that is designated as
such by the Secretary.
(2) Act of terrorism.--(A) The term ``act of terrorism''
means any act that the Secretary determines meets the
requirements under subparagraph (B), as such requirements are
further defined and specified by the Secretary.
(B) Requirements.--An act meets the requirements of this
subparagraph if the act--
(i) is unlawful;
(ii) causes harm to a person, property, or entity, in the
United States, or in the case of a domestic United States air
carrier or a United States-flag vessel (or a vessel based
principally in the United States on which United States
income tax is paid and whose insurance coverage is subject to
regulation in the United States), in or outside the United
States; and
(iii) uses or attempts to use instrumentalities, weapons or
other methods designed or intended to cause mass destruction,
injury or other loss to citizens or institutions of the
United States.
(3) Insurance carrier.--The term ``insurance carrier''
means any corporation, association, society, order, firm,
company, mutual, partnership, individual aggregation of
individuals, or any other legal entity that provides
commercial property and casualty insurance. Such term
includes any affiliates of a commercial insurance carrier.
(4) Liability insurance.--
(A) In general.--The term ``liability insurance'' means
insurance for legal liabilities incurred by the insured
resulting from--
(i) loss of or damage to property of others;
(ii) ensuing loss of income or extra expense incurred
because of loss of or damage to property of others;
(iii) bodily injury (including) to persons other than the
insured or its employees; or
(iv) loss resulting from debt or default of another.
(5) Loss.--The term ``loss'' means death, bodily injury, or
loss of or damage to property, including business
interruption loss.
(6) Non-federal government customers.--The term ``non-
Federal Government customers'' means any customer of a Seller
that is not an agency or instrumentality of the United States
Government with authority under Public Law 85-804 to provide
for indemnification under certain circumstances for third-
party claims against its contractors, including but not
limited to State and local authorities and commercial
entities.
Subtitle H--Miscellaneous Provisions
SEC. 871. ADVISORY COMMITTEES.
(a) In General.--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.
[[Page H8678]]
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.
(b) Termination.--Any advisory committee established by the
Secretary shall terminate 2 years after the date of its
establishment, unless the Secretary makes a written
determination to extend the advisory committee to a specified
date, which shall not be more than 2 years after the date on
which such determination is made. The Secretary may make any
number of subsequent extensions consistent with this
subsection.
SEC. 872. REORGANIZATION.
(a) Reorganization.--The Secretary may allocate or
reallocate functions among the officers of the Department,
and may establish, consolidate, alter, or discontinue
organizational units within the Department, but only--
(1) pursuant to section 1502(b); or
(2) after the expiration of 60 days after providing notice
of such action to the appropriate congressional committees,
which shall include an explanation of the rationale for the
action.
(b) Limitations.--
(1) In general.--Authority under subsection (a)(1) does not
extend to the abolition of any agency, entity, organizational
unit, program, or function established or required to be
maintained by this Act.
(2) Abolitions.--Authority under subsection (a)(2) does not
extend to the abolition of any agency, entity, organizational
unit, program, or function established or required to be
maintained by statute.
SEC. 873. USE OF APPROPRIATED FUNDS.
(a) 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.
(b) 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.
(c) 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. 874. 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. 875. MISCELLANEOUS AUTHORITIES.
(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. 876. MILITARY ACTIVITIES.
Nothing in this Act shall confer upon the Secretary any
authority to engage in warfighting, the military defense of
the United States, or other military activities, nor shall
anything in this Act limit the existing authority of the
Department of Defense or the Armed Forces to engage in
warfighting, the military defense of the United States, or
other military activities.
SEC. 877. REGULATORY AUTHORITY AND PREEMPTION.
(a) Regulatory Authority.--Except as otherwise provided in
sections 306(c), 862(c), and 1806(b), this Act vests no new
regulatory authority 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 may not be construed as altering or diminishing the
regulatory authority of any other executive agency, except to
the extent that this Act transfers such authority from the
agency.
(b) Preemption of State or Local Law.--Except as otherwise
provided in this Act, this Act preempts no State or local
law, except that any authority to preempt State or local law
vested in any Federal agency or official transferred to the
Department pursuant to this Act shall be transferred to the
Department effective on the date of the transfer to the
Department of that Federal agency or official.
SEC. 878. COUNTERNARCOTICS OFFICER.
The Secretary shall appoint a senior official in the
Department to assume primary responsibility for coordinating
policy and operations within the Department and between the
Department and other Federal departments and agencies with
respect to interdicting the entry of illegal drugs into the
United States, and tracking and severing connections between
illegal drug trafficking and terrorism. Such official shall--
(1) ensure the adequacy of resources within the Department
for illicit drug interdiction; and
(2) serve as the United States Interdiction Coordinator for
the Director of National Drug Control Policy.
SEC. 879. 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 a senior
official appointed by the Secretary.
(b) Duties of the Director.--The Director shall have the
following duties:
(1) To promote information and education exchange with
nations friendly to the United States in order to promote
sharing of best practices and technologies relating to
homeland security. Such exchange shall include the following:
(A) Exchange of information on research and development on
homeland security technologies.
(B) Joint training exercises of first responders.
(C) Exchange of expertise on terrorism prevention,
response, and crisis management.
(2) To identify areas for homeland security information and
training exchange where the United States has a demonstrated
weakness and another friendly nation or nations have a
demonstrated expertise.
(3) To plan and undertake international conferences,
exchange programs, and training activities.
(4) To manage international activities within the
Department in coordination with other Federal officials with
responsibility for counter-terrorism matters.
SEC. 880. PROHIBITION OF THE TERRORISM INFORMATION AND
PREVENTION SYSTEM.
Any and all activities of the Federal Government to
implement the proposed component program of the Citizen Corps
known as Operation TIPS (Terrorism Information and Prevention
System) are hereby prohibited.
SEC. 881. REVIEW OF PAY AND BENEFIT PLANS.
Notwithstanding any other provision of this Act, the
Secretary shall, in consultation with the Director of the
Office of Personnel Management, review the pay and benefit
plans of each agency whose functions are transferred under
this Act to the Department and, within 90 days after the date
of enactment, submit a plan to the President of the Senate
and the Speaker of the House of Representatives and the
appropriate committees and subcommittees of Congress, for
ensuring, to the maximum extent practicable, the elimination
of disparities in pay and benefits throughout the Department,
especially among law enforcement personnel, that are
inconsistent with merit system principles set forth in
section 2301 of title 5, United States Code.
SEC. 882. OFFICE FOR NATIONAL CAPITAL REGION COORDINATION.
(a) Establishment.--
(1) In general.--There is established within the Office of
the Secretary the Office of National Capital Region
Coordination, to oversee and coordinate Federal programs for
and relationships with State, local, and regional authorities
in the National Capital Region, as defined under section
2674(f)(2) of title 10, United States Code.
(2) Director.--The Office established under paragraph (1)
shall be headed by a Director, who shall be appointed by the
Secretary.
(3) Cooperation.--The Secretary shall cooperate with the
Mayor of the District of Columbia, the Governors of Maryland
and Virginia, and other State, local, and regional officers
in the National Capital Region to integrate the District of
Columbia, Maryland, and Virginia into the planning,
coordination, and execution of the activities of the Federal
Government for the enhancement of domestic preparedness
against the consequences of terrorist attacks.
(b) Responsibilities.--The Office established under
subsection (a)(1) shall--
(1) coordinate the activities of the Department relating to
the National Capital Region, including cooperation with the
Office
[[Page H8679]]
for State and Local Government Coordination;
(2) assess, and advocate for, the resources needed by
State, local, and regional authorities in the National
Capital Region to implement efforts to secure the homeland;
(3) provide State, local, and regional authorities in the
National Capital Region with regular information, research,
and technical support to assist the efforts of State, local,
and regional authorities in the National Capital Region in
securing the homeland;
(4) develop a process for receiving meaningful input from
State, local, and regional authorities and the private sector
in the National Capital Region to assist in the development
of the homeland security plans and activities of the Federal
Government;
(5) coordinate with Federal agencies in the National
Capital Region on terrorism preparedness, to ensure adequate
planning, information sharing, training, and execution of the
Federal role in domestic preparedness activities;
(6) coordinate with Federal, State, local, and regional
agencies, and the private sector in the National Capital
Region on terrorism preparedness to ensure adequate planning,
information sharing, training, and execution of domestic
preparedness activities among these agencies and entities;
and
(7) serve as a liaison between the Federal Government and
State, local, and regional authorities, and private sector
entities in the National Capital Region to facilitate access
to Federal grants and other programs.
(c) Annual Report.--The Office established under subsection
(a) shall submit an annual report to Congress that includes--
(1) the identification of the resources required to fully
implement homeland security efforts in the National Capital
Region;
(2) an assessment of the progress made by the National
Capital Region in implementing homeland security efforts; and
(3) recommendations to Congress regarding the additional
resources needed to fully implement homeland security efforts
in the National Capital Region.
(d) Limitation.--Nothing contained in this section shall be
construed as limiting the power of State and local
governments.
SEC. 883. REQUIREMENT TO COMPLY WITH LAWS PROTECTING EQUAL
EMPLOYMENT OPPORTUNITY AND PROVIDING
WHISTLEBLOWER PROTECTIONS.
Nothing in this Act shall be construed as exempting the
Department from requirements applicable with respect to
executive agencies--
(1) to provide equal employment protection for employees of
the Department (including pursuant to the provisions in
section 2302(b)(1) of title 5, United States Code, and the
Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (Pub. L. 107-174)); or
(2) to provide whistleblower protections for employees of
the Department (including pursuant to the provisions in
section 2302(b)(8) and (9) of such title and the Notification
and Federal Employee Antidiscrimination and Retaliation Act
of 2002).
SEC. 884. FEDERAL LAW ENFORCEMENT TRAINING CENTER.
(a) In General.--The transfer of an authority or an agency
under this Act to the Department of Homeland Security does
not affect training agreements already entered into with the
Federal Law Enforcement Training Center with respect to the
training of personnel to carry out that authority or the
duties of that transferred agency.
(b) Continuity of Operations.--All activities of the
Federal Law Enforcement Training Center transferred to the
Department of Homeland Security under this Act shall continue
to be carried out at the locations such activities were
carried out before such transfer.
SEC. 885. JOINT INTERAGENCY TASK FORCE.
(a) Establishment.--The Secretary may establish and operate
a permanent Joint Interagency Homeland Security Task Force
composed of representatives from military and civilian
agencies of the United States Government for the purposes of
anticipating terrorist threats against the United States and
taking appropriate actions to prevent harm to the United
States.
(b) Structure.--It is the sense of Congress that the
Secretary should model the Joint Interagency Homeland
Security Task Force on the approach taken by the Joint
Interagency Task Forces for drug interdiction at Key West,
Florida and Alameda, California, to the maximum extent
feasible and appropriate.
SEC. 886. SENSE OF CONGRESS REAFFIRMING THE CONTINUED
IMPORTANCE AND APPLICABILITY OF THE POSSE
COMITATUS ACT.
(a) Findings.--Congress finds the following:
(1) Section 1385 of title 18, United States Code (commonly
known as the ``Posse Comitatus Act''), prohibits the use of
the Armed Forces as a posse comitatus to execute the laws
except in cases and under circumstances expressly authorized
by the Constitution or Act of Congress.
(2) Enacted in 1878, the Posse Comitatus Act was expressly
intended to prevent United States Marshals, on their own
initiative, from calling on the Army for assistance in
enforcing Federal law.
(3) The Posse Comitatus Act has served the Nation well in
limiting the use of the Armed Forces to enforce the law.
(4) Nevertheless, by its express terms, the Posse Comitatus
Act is not a complete barrier to the use of the Armed Forces
for a range of domestic purposes, including law enforcement
functions, when the use of the Armed Forces is authorized by
Act of Congress or the President determines that the use of
the Armed Forces is required to fulfill the President's
obligations under the Constitution to respond promptly in
time of war, insurrection, or other serious emergency.
(5) Existing laws, including chapter 15 of title 10, United
States Code (commonly known as the ``Insurrection Act''), and
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), grant the President
broad powers that may be invoked in the event of domestic
emergencies, including an attack against the Nation using
weapons of mass destruction, and these laws specifically
authorize the President to use the Armed Forces to help
restore public order.
(b) Sense of Congress.--Congress reaffirms the continued
importance of section 1385 of title 18, United States Code,
and it is the sense of Congress that nothing in this Act
should be construed to alter the applicability of such
section to any use of the Armed Forces as a posse comitatus
to execute the laws.
SEC. 887. 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 Department 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.
SEC. 888. 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 (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, and capabilities of the Coast Guard
to perform its missions shall be maintained intact and
without significant reduction after the transfer of the Coast
Guard to the Department, except as specified in subsequent
Acts.
(d) Certain Transfers Prohibited.--No mission, function, or
asset (including for purposes of this subsection any ship,
aircraft, or helicopter) of the Coast Guard may be diverted
to the principal and continuing use of any other
organization, unit, or entity of the Department, except for
details or assignments that do not reduce the Coast Guard's
capability to perform its missions.
(e) Changes to Missions.--
(1) Prohibition.--The Secretary may not substantially or
significantly reduce the missions of the Coast Guard or the
Coast Guard's capability to perform those missions, except as
specified in subsequent Acts.
(2) Waiver.--The Secretary may waive the restrictions under
paragraph (1) for a period of not to exceed 90 days upon a
declaration and certification by the Secretary to Congress
that a clear, compelling, and immediate need exists for 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 if the restrictions under paragraph (1)
are not waived.
[[Page H8680]]
(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 report under this paragraph shall be
submitted 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.
(i) Report on Accelerating the Integrated Deepwater
System.--Not later than 90 days after the date of enactment
of this Act, the Secretary, in consultation with the
Commandant of the Coast Guard, shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committees on
Appropriations of the Senate and the House of Representatives
that--
(1) analyzes the feasibility of accelerating the rate of
procurement in the Coast Guard's Integrated Deepwater System
from 20 years to 10 years;
(2) includes an estimate of additional resources required;
(3) describes the resulting increased capabilities;
(4) outlines any increases in the Coast Guard's homeland
security readiness;
(5) describes any increases in operational efficiencies;
and
(6) provides a revised asset phase-in time line.
SEC. 889. HOMELAND SECURITY FUNDING ANALYSIS IN PRESIDENT'S
BUDGET.
(a) In General.--Section 1105(a) of title 31, United States
Code, is amended by adding at the end the following:
``(33)(A)(i) a detailed, separate analysis, by budget
function, by agency, and by initiative area (as determined by
the administration) for the prior fiscal year, the current
fiscal year, the fiscal years for which the budget is
submitted, and the ensuing fiscal year identifying the
amounts of gross and net appropriations or obligational
authority and outlays that contribute to homeland security,
with separate displays for mandatory and discretionary
amounts, including--
``(I) summaries of the total amount of such appropriations
or new obligational authority and outlays requested for
homeland security;
``(II) an estimate of the current service levels of
homeland security spending;
``(III) the most recent risk assessment and summary of
homeland security needs in each initiative area (as
determined by the administration); and
``(IV) an estimate of user fees collected by the Federal
Government on behalf of homeland security activities;
``(ii) with respect to subclauses (I) through (IV) of
clause (i), amounts shall be provided by account for each
program, project and activity; and
``(iii) an estimate of expenditures for homeland security
activities by State and local governments and the private
sector for the prior fiscal year and the current fiscal year.
``(B) In this paragraph, consistent with the Office of
Management and Budget's June 2002 `Annual Report to Congress
on Combatting Terrorism', the term `homeland security' refers
to those activities that detect, deter, protect against, and
respond to terrorist attacks occurring within the United
States and its territories.
``(C) In implementing this paragraph, including determining
what Federal activities or accounts constitute homeland
security for purposes of budgetary classification, the Office
of Management and Budget is directed to consult periodically,
but at least annually, with the House and Senate Budget
Committees, the House and Senate Appropriations Committees,
and the Congressional Budget Office.''.
(b) Repeal of Duplicative Reports.--The following sections
are repealed:
(1) Section 1051 of Public Law 105-85.
(2) Section 1403 of Public Law 105-261.
(c) Effective Date.--This section and the amendment made by
this section shall apply beginning with respect to the fiscal
year 2005 budget submission.
SEC. 890. AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION
ACT.
The Air Transportation Safety and System Stabilization Act
(49 U.S.C. 40101 note) is amended--
(1) in section 408 by striking the last sentence of
subsection (c); and
(2) in section 402 by striking paragraph (1) and inserting
the following:
``(1) Air carrier.--The term `air carrier' means a citizen
of the United States undertaking by any means, directly or
indirectly, to provide air transportation and includes
employees and agents (including persons engaged in the
business of providing air transportation security and their
affiliates) of such citizen. For purposes of the preceding
sentence, the term `agent', as applied to persons engaged in
the business of providing air transportation security, shall
only include persons that have contracted directly with the
Federal Aviation Administration on or after and commenced
services no later than February 17, 2002, to provide such
security, and had not been or are not debarred for any period
within 6 months from that date.''.
Subtitle I--Information Sharing
SEC. 891. SHORT TITLE; FINDINGS; AND SENSE OF CONGRESS.
(a) Short Title.--This subtitle may be cited as the
``Homeland Security Information Sharing Act''.
(b) Findings.--Congress finds the following:
(1) The Federal Government is required by the Constitution
to provide for the common defense, which includes terrorist
attack.
(2) The Federal Government relies on State and local
personnel to protect against terrorist attack.
(3) The Federal Government collects, creates, manages, and
protects classified and sensitive but unclassified
information to enhance homeland security.
(4) Some homeland security information is needed by the
State and local personnel to prevent and prepare for
terrorist attack.
(5) The needs of State and local personnel to have access
to relevant homeland security information to combat terrorism
must be reconciled with the need to preserve the protected
status of such information and to protect the sources and
methods used to acquire such information.
(6) Granting security clearances to certain State and local
personnel is one way to facilitate the sharing of information
regarding specific terrorist threats among Federal, State,
and local levels of government.
(7) Methods exist to declassify, redact, or otherwise adapt
classified information so it may be shared with State and
local personnel without the need for granting additional
security clearances.
(8) State and local personnel have capabilities and
opportunities to gather information on suspicious activities
and terrorist threats not possessed by Federal agencies.
(9) The Federal Government and State and local governments
and agencies in other jurisdictions may benefit from such
information.
(10) Federal, State, and local governments and
intelligence, law enforcement, and other emergency
preparation and response agencies must act in partnership to
maximize the benefits of information gathering and analysis
to prevent and respond to terrorist attacks.
(11) Information systems, including the National Law
Enforcement Telecommunications System and the Terrorist
Threat Warning System, have been established for rapid
sharing of classified and sensitive but unclassified
information among Federal, State, and local entities.
(12) Increased efforts to share homeland security
information should avoid duplicating existing information
systems.
(c) Sense of Congress.--It is the sense of Congress that
Federal, State, and local entities should share homeland
security information to the maximum extent practicable, with
special emphasis on hard-to-reach urban and rural
communities.
SEC. 892. FACILITATING HOMELAND SECURITY INFORMATION SHARING
PROCEDURES.
(a) Procedures for Determining Extent of Sharing of
Homeland Security Information.--
(1) The President shall prescribe and implement procedures
under which relevant Federal agencies--
(A) share relevant and appropriate homeland security
information with other Federal agencies, including the
Department, and appropriate State and local personnel;
(B) identify and safeguard homeland security information
that is sensitive but unclassified; and
(C) to the extent such information is in classified form,
determine whether, how, and to what extent to remove
classified information, as appropriate, and with which such
personnel it may be shared after such information is removed.
(2) The President shall ensure that such procedures apply
to all agencies of the Federal Government.
(3) Such procedures shall not change the substantive
requirements for the classification and safeguarding of
classified information.
(4) Such procedures shall not change the requirements and
authorities to protect sources and methods.
(b) Procedures for Sharing of Homeland Security
Information.--
(1) Under procedures prescribed by the President, all
appropriate agencies, including the intelligence community,
shall, through information sharing systems, share homeland
security information with Federal agencies and appropriate
State and local personnel to the extent such information may
be shared, as determined in accordance with
[[Page H8681]]
subsection (a), together with assessments of the credibility
of such information.
(2) Each information sharing system through which
information is shared under paragraph (1) shall--
(A) have the capability to transmit unclassified or
classified information, though the procedures and recipients
for each capability may differ;
(B) have the capability to restrict delivery of information
to specified subgroups by geographic location, type of
organization, position of a recipient within an organization,
or a recipient's need to know such information;
(C) be configured to allow the efficient and effective
sharing of information; and
(D) be accessible to appropriate State and local personnel.
(3) The procedures prescribed under paragraph (1) shall
establish conditions on the use of information shared under
paragraph (1)--
(A) to limit the redissemination of such information to
ensure that such information is not used for an unauthorized
purpose;
(B) to ensure the security and confidentiality of such
information;
(C) to protect the constitutional and statutory rights of
any individuals who are subjects of such information; and
(D) to provide data integrity through the timely removal
and destruction of obsolete or erroneous names and
information.
(4) The procedures prescribed under paragraph (1) shall
ensure, to the greatest extent practicable, that the
information sharing system through which information is
shared under such paragraph include existing information
sharing systems, including, but not limited to, the National
Law Enforcement Telecommunications System, the Regional
Information Sharing System, and the Terrorist Threat Warning
System of the Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as determined by the
President, shall have access to each information sharing
system through which information is shared under paragraph
(1), and shall therefore have access to all information, as
appropriate, shared under such paragraph.
(6) The procedures prescribed under paragraph (1) shall
ensure that appropriate State and local personnel are
authorized to use such information sharing systems--
(A) to access information shared with such personnel; and
(B) to share, with others who have access to such
information sharing systems, the homeland security
information of their own jurisdictions, which shall be marked
appropriately as pertaining to potential terrorist activity.
(7) Under procedures prescribed jointly by the Director of
Central Intelligence and the Attorney General, each
appropriate Federal agency, as determined by the President,
shall review and assess the information shared under
paragraph (6) and integrate such information with existing
intelligence.
(c) Sharing of Classified Information and Sensitive but
Unclassified Information With State and Local Personnel.--
(1) The President shall prescribe procedures under which
Federal agencies may, to the extent the President considers
necessary, share with appropriate State and local personnel
homeland security information that remains classified or
otherwise protected after the determinations prescribed under
the procedures set forth in subsection (a).
(2) It is the sense of Congress that such procedures may
include 1 or more of the following means:
(A) Carrying out security clearance investigations with
respect to appropriate State and local personnel.
(B) With respect to information that is sensitive but
unclassified, entering into nondisclosure agreements with
appropriate State and local personnel.
(C) Increased use of information-sharing partnerships that
include appropriate State and local personnel, such as the
Joint Terrorism Task Forces of the Federal Bureau of
Investigation, the Anti-Terrorism Task Forces of the
Department of Justice, and regional Terrorism Early Warning
Groups.
(d) Responsible Officials.--For each affected Federal
agency, the head of such agency shall designate an official
to administer this Act with respect to such agency.
(e) Federal Control of Information.--Under procedures
prescribed under this section, information obtained by a
State or local government from a Federal agency under this
section shall remain under the control of the Federal agency,
and a State or local law authorizing or requiring such a
government to disclose information shall not apply to such
information.
(f) Definitions.--As used in this section:
(1) The term ``homeland security information'' means any
information possessed by a Federal, State, or local agency
that--
(A) relates to the threat of terrorist activity;
(B) relates to the ability to prevent, interdict, or
disrupt terrorist activity;
(C) would improve the identification or investigation of a
suspected terrorist or terrorist organization; or
(D) would improve the response to a terrorist act.
(2) The term ``intelligence community'' has the meaning
given such term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 401a(4)).
(3) The term ``State and local personnel'' means any of the
following persons involved in prevention, preparation, or
response for terrorist attack:
(A) State Governors, mayors, and other locally elected
officials.
(B) State and local law enforcement personnel and
firefighters.
(C) Public health and medical professionals.
(D) Regional, State, and local emergency management agency
personnel, including State adjutant generals.
(E) Other appropriate emergency response agency personnel.
(F) Employees of private-sector entities that affect
critical infrastructure, cyber, economic, or public health
security, as designated by the Federal government in
procedures developed pursuant to this section.
(4) The term ``State'' includes the District of Columbia
and any commonwealth, territory, or possession of the United
States.
(g) Construction.--Nothing in this Act shall be construed
as authorizing any department, bureau, agency, officer, or
employee of the Federal Government to request, receive, or
transmit to any other Government entity or personnel, or
transmit to any State or local entity or personnel otherwise
authorized by this Act to receive homeland security
information, any information collected by the Federal
Government solely for statistical purposes in violation of
any other provision of law relating to the confidentiality of
such information.
SEC. 893. REPORT.
(a) Report Required.--Not later than 12 months after the
date of the enactment of this Act, the President shall submit
to the congressional committees specified in subsection (b) a
report on the implementation of section 892. The report shall
include any recommendations for additional measures or
appropriation requests, beyond the requirements of section
892, to increase the effectiveness of sharing of information
between and among Federal, State, and local entities.
(b) Specified Congressional Committees.--The congressional
committees referred to in subsection (a) are the following
committees:
(1) The Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives.
(2) The Select Committee on Intelligence and the Committee
on the Judiciary of the Senate.
SEC. 894. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out section 892.
SEC. 895. AUTHORITY TO SHARE GRAND JURY INFORMATION.
Rule 6(e) of the Federal Rules of Criminal Procedure is
amended--
(1) in paragraph (2), by inserting ``, or of guidelines
jointly issued by the Attorney General and Director of
Central Intelligence pursuant to Rule 6,'' after ``Rule 6'';
and
(2) in paragraph (3)--
(A) in subparagraph (A)(ii), by inserting ``or of a foreign
government'' after ``(including personnel of a state or
subdivision of a state'';
(B) in subparagraph (C)(i)--
(i) in subclause (I), by inserting before the semicolon the
following: ``or, upon a request by an attorney for the
government, when sought by a foreign court or prosecutor for
use in an official criminal investigation'';
(ii) in subclause (IV)--
(I) by inserting ``or foreign'' after ``may disclose a
violation of State'';
(II) by inserting ``or of a foreign government'' after ``to
an appropriate official of a State or subdivision of a
State''; and
(III) by striking ``or'' at the end;
(iii) by striking the period at the end of subclause (V)
and inserting ``; or''; and
(iv) by adding at the end the following:
``(VI) when matters involve a threat of actual or potential
attack or other grave hostile acts of a foreign power or an
agent of a foreign power, domestic or international sabotage,
domestic or international terrorism, or clandestine
intelligence gathering activities by an intelligence service
or network of a foreign power or by an agent of a foreign
power, within the United States or elsewhere, to any
appropriate federal, state, local, or foreign government
official for the purpose of preventing or responding to such
a threat.''; and
(C) in subparagraph (C)(iii)--
(i) by striking ``Federal'';
(ii) by inserting ``or clause (i)(VI)'' after ``clause
(i)(V)''; and
(iii) by adding at the end the following: ``Any state,
local, or foreign official who receives information pursuant
to clause (i)(VI) shall use that information only consistent
with such guidelines as the Attorney General and Director of
Central Intelligence shall jointly issue.''.
SEC. 896. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL
INTERCEPTION INFORMATION.
Section 2517 of title 18, United States Code, is amended by
adding at the end the following:
``(7) Any investigative or law enforcement officer, or
other Federal official in carrying out official duties as
such Federal official, who by any means authorized by this
chapter, has obtained knowledge of the contents of any wire,
oral, or electronic communication, or evidence derived
therefrom, may disclose such contents or derivative evidence
to a foreign investigative or law enforcement officer to the
extent that such disclosure is appropriate to the proper
performance of the
[[Page H8682]]
official duties of the officer making or receiving the
disclosure, and foreign investigative or law enforcement
officers may use or disclose such contents or derivative
evidence to the extent such use or disclosure is appropriate
to the proper performance of their official duties.
``(8) Any investigative or law enforcement officer, or
other Federal official in carrying out official duties as
such Federal official, who by any means authorized by this
chapter, has obtained knowledge of the contents of any wire,
oral, or electronic communication, or evidence derived
therefrom, may disclose such contents or derivative evidence
to any appropriate Federal, State, local, or foreign
government official to the extent that such contents or
derivative evidence reveals a threat of actual or potential
attack or other grave hostile acts of a foreign power or an
agent of a foreign power, domestic or international sabotage,
domestic or international terrorism, or clandestine
intelligence gathering activities by an intelligence service
or network of a foreign power or by an agent of a foreign
power, within the United States or elsewhere, for the purpose
of preventing or responding to such a threat. Any official
who receives information pursuant to this provision may use
that information only as necessary in the conduct of that
person's official duties subject to any limitations on the
unauthorized disclosure of such information, and any State,
local, or foreign official who receives information pursuant
to this provision may use that information only consistent
with such guidelines as the Attorney General and Director of
Central Intelligence shall jointly issue.''.
SEC. 897. FOREIGN INTELLIGENCE INFORMATION.
(a) Dissemination Authorized.--Section 203(d)(1) of the
Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001 (Public Law 107-56; 50 U.S.C. 403-
5d) is amended by adding at the end the following:
``Consistent with the responsibility of the Director of
Central Intelligence to protect intelligence sources and
methods, and the responsibility of the Attorney General to
protect sensitive law enforcement information, it shall be
lawful for information revealing a threat of actual or
potential attack or other grave hostile acts of a foreign
power or an agent of a foreign power, domestic or
international sabotage, domestic or international terrorism,
or clandestine intelligence gathering activities by an
intelligence service or network of a foreign power or by an
agent of a foreign power, within the United States or
elsewhere, obtained as part of a criminal investigation to be
disclosed to any appropriate Federal, State, local, or
foreign government official for the purpose of preventing or
responding to such a threat. Any official who receives
information pursuant to this provision may use that
information only as necessary in the conduct of that person's
official duties subject to any limitations on the
unauthorized disclosure of such information, and any State,
local, or foreign official who receives information pursuant
to this provision may use that information only consistent
with such guidelines as the Attorney General and Director of
Central Intelligence shall jointly issue.''.
(b) Conforming Amendments.--Section 203(c) of that Act is
amended--
(1) by striking ``section 2517(6)'' and inserting
``paragraphs (6) and (8) of section 2517 of title 18, United
States Code,''; and
(2) by inserting ``and (VI)'' after ``Rule
6(e)(3)(C)(i)(V)''.
SEC. 898. INFORMATION ACQUIRED FROM AN ELECTRONIC
SURVEILLANCE.
Section 106(k)(1) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1806) is amended by inserting after
``law enforcement officers'' the following: ``or law
enforcement personnel of a State or political subdivision of
a State (including the chief executive officer of that State
or political subdivision who has the authority to appoint or
direct the chief law enforcement officer of that State or
political subdivision)''.
SEC. 899. INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.
Section 305(k)(1) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1825) is amended by inserting after
``law enforcement officers'' the following: ``or law
enforcement personnel of a State or political subdivision of
a State (including the chief executive officer of that State
or political subdivision who has the authority to appoint or
direct the chief law enforcement officer of that State or
political subdivision)''.
TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL
SEC. 901. NATIONAL HOMELAND SECURITY COUNCIL.
There is established within the Executive Office of the
President a council to be known as the ``Homeland Security
Council'' (in this title referred to as the ``Council'').
SEC. 902. FUNCTION.
The function of the Council shall be to advise the
President on homeland security matters.
SEC. 903. MEMBERSHIP.
The members of the Council shall be the following:
(1) The President.
(2) The Vice President.
(3) The Secretary of Homeland Security.
(4) The Attorney General.
(5) The Secretary of Defense.
(6) Such other individuals as may be designated by the
President.
SEC. 904. OTHER FUNCTIONS AND ACTIVITIES.
For the purpose of more effectively coordinating the
policies and functions of the United States Government
relating to homeland security, the Council shall--
(1) assess the objectives, commitments, and risks of the
United States in the interest of homeland security and to
make resulting recommendations to the President;
(2) oversee and review homeland security policies of the
Federal Government and to make resulting recommendations to
the President; and
(3) perform such other functions as the President may
direct.
SEC. 905. STAFF COMPOSITION.
The Council shall have a staff, the head of which shall be
a civilian Executive Secretary, who shall be appointed by the
President. The President is authorized to fix the pay of the
Executive Secretary at a rate not to exceed the rate of pay
payable to the Executive Secretary of the National Security
Council.
SEC. 906. RELATION TO THE NATIONAL SECURITY COUNCIL.
The President may convene joint meetings of the Homeland
Security Council and the National Security Council with
participation by members of either Council or as the
President may otherwise direct.
TITLE X--INFORMATION SECURITY
SEC. 1001. INFORMATION SECURITY.
(a) Short Title.--This title may be cited as the ``Federal
Information Security Management Act of 2002''.
(b) Information Security.--
(1) In general.--Subchapter II of chapter 35 of title 44,
United States Code, is amended to read as follows:
``SUBCHAPTER II--INFORMATION SECURITY
``Sec. 3531. Purposes
``The purposes of this subchapter are to--
``(1) provide a comprehensive framework for ensuring the
effectiveness of information security controls over
information resources that support Federal operations and
assets;
``(2) recognize the highly networked nature of the current
Federal computing environment and provide effective
governmentwide management and oversight of the related
information security risks, including coordination of
information security efforts throughout the civilian,
national security, and law enforcement communities;
``(3) provide for development and maintenance of minimum
controls required to protect Federal information and
information systems;
``(4) provide a mechanism for improved oversight of Federal
agency information security programs;
``(5) acknowledge that commercially developed information
security products offer advanced, dynamic, robust, and
effective information security solutions, reflecting market
solutions for the protection of critical information
infrastructures important to the national defense and
economic security of the nation that are designed, built, and
operated by the private sector; and
``(6) recognize that the selection of specific technical
hardware and software information security solutions should
be left to individual agencies from among commercially
developed products.''.
``Sec. 3532. Definitions
``(a) In General.--Except as provided under subsection (b),
the definitions under section 3502 shall apply to this
subchapter.
``(b) Additional Definitions.--As used in this subchapter--
``(1) the term `information security' means protecting
information and information systems from unauthorized access,
use, disclosure, disruption, modification, or destruction in
order to provide--
``(A) integrity, which means guarding against improper
information modification or destruction, and includes
ensuring information nonrepudiation and authenticity;
``(B) confidentiality, which means preserving authorized
restrictions on access and disclosure, including means for
protecting personal privacy and proprietary information;
``(C) availability, which means ensuring timely and
reliable access to and use of information; and
``(D) authentication, which means utilizing digital
credentials to assure the identity of users and validate
their access;
``(2) the term `national security system' means any
information system (including any telecommunications system)
used or operated by an agency or by a contractor of an
agency, or other organization on behalf of an agency, the
function, operation, or use of which--
``(A) involves intelligence activities;
``(B) involves cryptologic activities related to national
security;
``(C) involves command and control of military forces;
``(D) involves equipment that is an integral part of a
weapon or weapons system; or
``(E) is critical to the direct fulfillment of military or
intelligence missions provided that this definition does not
apply to a system that is used for routine administrative and
business applications (including payroll, finance, logistics,
and personnel management applications);
``(3) the term `information technology' has the meaning
given that term in section 11101 of title 40; and
``(4) the term `information system' means any equipment or
interconnected system or subsystems of equipment that is used
in the
[[Page H8683]]
automatic acquisition, storage, manipulation, management,
movement, control, display, switching, interchange,
transmission, or reception of data or information, and
includes--
``(A) computers and computer networks;
``(B) ancillary equipment;
``(C) software, firmware, and related procedures;
``(D) services, including support services; and
``(E) related resources.''.
``Sec. 3533. Authority and functions of the Director
``(a) The Director shall oversee agency information
security policies and practices, by--
``(1) promulgating information security standards under
section 11331 of title 40;
``(2) overseeing the implementation of policies,
principles, standards, and guidelines on information
security;
``(3) requiring agencies, consistent with the standards
promulgated under such section 11331 and the requirements of
this subchapter, to identify and provide information security
protections commensurate with the risk and magnitude of the
harm resulting from the unauthorized access, use, disclosure,
disruption, modification, or destruction of--
``(A) information collected or maintained by or on behalf
of an agency; or
``(B) information systems used or operated by an agency or
by a contractor of an agency or other organization on behalf
of an agency;
``(4) coordinating the development of standards and
guidelines under section 20 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3) with agencies
and offices operating or exercising control of national
security systems (including the National Security Agency) to
assure, to the maximum extent feasible, that such standards
and guidelines are complementary with standards and
guidelines developed for national security systems;
``(5) overseeing agency compliance with the requirements of
this subchapter, including through any authorized action
under section 11303(b)(5) of title 40, to enforce
accountability for compliance with such requirements;
``(6) reviewing at least annually, and approving or
disapproving, agency information security programs required
under section 3534(b);
``(7) coordinating information security policies and
procedures with related information resources management
policies and procedures; and
``(8) reporting to Congress no later than March 1 of each
year on agency compliance with the requirements of this
subchapter, including--
``(A) a summary of the findings of evaluations required by
section 3535;
``(B) significant deficiencies in agency information
security practices;
``(C) planned remedial action to address such deficiencies;
and
``(D) a summary of, and the views of the Director on, the
report prepared by the National Institute of Standards and
Technology under section 20(e)(7) of the National Institute
of Standards and Technology Act (15 U.S.C. 278g-3).''.
``(b) Except for the authorities described in paragraphs
(4) and (7) of subsection (a), the authorities of the
Director under this section shall not apply to national
security systems.
``Sec. 3534. Federal agency responsibilities
``(a) The head of each agency shall--
``(1) be responsible for--
``(A) providing information security protections
commensurate with the risk and magnitude of the harm
resulting from unauthorized access, use, disclosure,
disruption, modification, or destruction of--
``(i) information collected or maintained by or on behalf
of the agency; and
``(ii) information systems used or operated by an agency or
by a contractor of an agency or other organization on behalf
of an agency;
``(B) complying with the requirements of this subchapter
and related policies, procedures, standards, and guidelines,
including--
``(i) information security standards promulgated by the
Director under section 11331 of title 40; and
``(ii) information security standards and guidelines for
national security systems issued in accordance with law and
as directed by the President; and
``(C) ensuring that information security management
processes are integrated with agency strategic and
operational planning processes;
``(2) ensure that senior agency officials provide
information security for the information and information
systems that support the operations and assets under their
control, including through--
``(A) assessing the risk and magnitude of the harm that
could result from the unauthorized access, use, disclosure,
disruption, modification, or destruction of such information
or information systems;
``(B) determining the levels of information security
appropriate to protect such information and information
systems in accordance with standards promulgated under
section 11331 of title 40 for information security
classifications and related requirements;
``(C) implementing policies and procedures to cost-
effectively reduce risks to an acceptable level; and
``(D) periodically testing and evaluating information
security controls and techniques to ensure that they are
effectively implemented;
``(3) delegate to the agency Chief Information Officer
established under section 3506 (or comparable official in an
agency not covered by such section) the authority to ensure
compliance with the requirements imposed on the agency under
this subchapter, including--
``(A) designating a senior agency information security
officer who shall--
``(i) carry out the Chief Information Officer's
responsibilities under this section;
``(ii) possess professional qualifications, including
training and experience, required to administer the functions
described under this section;
``(iii) have information security duties as that official's
primary duty; and
``(iv) head an office with the mission and resources to
assist in ensuring agency compliance with this section;
``(B) developing and maintaining an agencywide information
security program as required by subsection (b);
``(C) developing and maintaining information security
policies, procedures, and control techniques to address all
applicable requirements, including those issued under section
3533 of this title, and section 11331 of title 40;
``(D) training and overseeing personnel with significant
responsibilities for information security with respect to
such responsibilities; and
``(E) assisting senior agency officials concerning their
responsibilities under paragraph (2);
``(4) ensure that the agency has trained personnel
sufficient to assist the agency in complying with the
requirements of this subchapter and related policies,
procedures, standards, and guidelines; and
``(5) ensure that the agency Chief Information Officer, in
coordination with other senior agency officials, reports
annually to the agency head on the effectiveness of the
agency information security program, including progress of
remedial actions.
``(b) Each agency shall develop, document, and implement an
agencywide information security program, approved by the
Director under section 3533(a)(5), to provide information
security for the information and information systems that
support the operations and assets of the agency, including
those provided or managed by another agency, contractor, or
other source, that includes--
``(1) periodic assessments of the risk and magnitude of the
harm that could result from the unauthorized access, use,
disclosure, disruption, modification, or destruction of
information and information systems that support the
operations and assets of the agency;
``(2) policies and procedures that--
``(A) are based on the risk assessments required by
paragraph (1);
``(B) cost-effectively reduce information security risks to
an acceptable level;
``(C) ensure that information security is addressed
throughout the life cycle of each agency information system;
and
``(D) ensure compliance with--
``(i) the requirements of this subchapter;
``(ii) policies and procedures as may be prescribed by the
Director, and information security standards promulgated
under section 11331 of title 40;
``(iii) minimally acceptable system configuration
requirements, as determined by the agency; and
``(iv) any other applicable requirements, including
standards and guidelines for national security systems issued
in accordance with law and as directed by the President;
``(3) subordinate plans for providing adequate information
security for networks, facilities, and systems or groups of
information systems, as appropriate;
``(4) security awareness training to inform personnel,
including contractors and other users of information systems
that support the operations and assets of the agency, of--
``(A) information security risks associated with their
activities; and
``(B) their responsibilities in complying with agency
policies and procedures designed to reduce these risks;
``(5) periodic testing and evaluation of the effectiveness
of information security policies, procedures, and practices,
to be performed with a frequency depending on risk, but no
less than annually, of which such testing--
``(A) shall include testing of management, operational, and
technical controls of every information system identified in
the inventory required under section 3505(c); and
``(B) may include testing relied on in a evaluation under
section 3535;
``(6) a process for planning, implementing, evaluating, and
documenting remedial action to address any deficiencies in
the information security policies, procedures, and practices
of the agency;
``(7) procedures for detecting, reporting, and responding
to security incidents, including--
``(A) mitigating risks associated with such incidents
before substantial damage is done; and
``(B) notifying and consulting with, as appropriate--
``(i) law enforcement agencies and relevant Offices of
Inspector General;
``(ii) an office designated by the President for any
incident involving a national security system; and
``(iii) any other agency or office, in accordance with law
or as directed by the President; and
[[Page H8684]]
``(8) plans and procedures to ensure continuity of
operations for information systems that support the
operations and assets of the agency.
``(c) Each agency shall--
``(1) report annually to the Director, the Committees on
Government Reform and Science of the House of
Representatives, the Committees on Governmental Affairs and
Commerce, Science, and Transportation of the Senate, the
appropriate authorization and appropriations committees of
Congress, and the Comptroller General on the adequacy and
effectiveness of information security policies, procedures,
and practices, and compliance with the requirements of this
subchapter, including compliance with each requirement of
subsection (b);
``(2) address the adequacy and effectiveness of information
security policies, procedures, and practices in plans and
reports relating to--
``(A) annual agency budgets;
``(B) information resources management under subchapter 1
of this chapter;
``(C) information technology management under subtitle III
of title 40;
``(D) program performance under sections 1105 and 1115
through 1119 of title 31, and sections 2801 and 2805 of title
39;
``(E) financial management under chapter 9 of title 31, and
the Chief Financial Officers Act of 1990 (31 U.S.C. 501 note;
Public Law 101-576) (and the amendments made by that Act);
``(F) financial management systems under the Federal
Financial Management Improvement Act (31 U.S.C. 3512 note);
and
``(G) internal accounting and administrative controls under
section 3512 of title 31, United States Code, (known as the
`Federal Managers Financial Integrity Act'); and
``(3) report any significant deficiency in a policy,
procedure, or practice identified under paragraph (1) or
(2)--
``(A) as a material weakness in reporting under section
3512 of title 31; and
``(B) if relating to financial management systems, as an
instance of a lack of substantial compliance under the
Federal Financial Management Improvement Act (31 U.S.C. 3512
note).
``(d)(1) In addition to the requirements of subsection (c),
each agency, in consultation with the Director, shall include
as part of the performance plan required under section 1115
of title 31 a description of--
``(A) the time periods, and
``(B) the resources, including budget, staffing, and
training,
that are necessary to implement the program required under
subsection (b).
``(2) The description under paragraph (1) shall be based on
the risk assessments required under subsection (b)(2)(1).
``(e) Each agency shall provide the public with timely
notice and opportunities for comment on proposed information
security policies and procedures to the extent that such
policies and procedures affect communication with the public.
``Sec. 3535. Annual independent evaluation
``(a)(1) Each year each agency shall have performed an
independent evaluation of the information security program
and practices of that agency to determine the effectiveness
of such program and practices.
``(2) Each evaluation by an agency under this section shall
include--
``(A) testing of the effectiveness of information security
policies, procedures, and practices of a representative
subset of the agency's information systems;
``(B) an assessment (made on the basis of the results of
the testing) of compliance with--
``(i) the requirements of this subchapter; and
``(ii) related information security policies, procedures,
standards, and guidelines; and
``(C) separate presentations, as appropriate, regarding
information security relating to national security systems.
``(b) Subject to subsection (c)--
``(1) for each agency with an Inspector General appointed
under the Inspector General Act of 1978, the annual
evaluation required by this section shall be performed by the
Inspector General or by an independent external auditor, as
determined by the Inspector General of the agency; and
``(2) for each agency to which paragraph (1) does not
apply, the head of the agency shall engage an independent
external auditor to perform the evaluation.
``(c) For each agency operating or exercising control of a
national security system, that portion of the evaluation
required by this section directly relating to a national
security system shall be performed--
``(1) only by an entity designated by the agency head; and
``(2) in such a manner as to ensure appropriate protection
for information associated with any information security
vulnerability in such system commensurate with the risk and
in accordance with all applicable laws.
``(d) The evaluation required by this section--
``(1) shall be performed in accordance with generally
accepted government auditing standards; and
``(2) may be based in whole or in part on an audit,
evaluation, or report relating to programs or practices of
the applicable agency.
``(e) Each year, not later than such date established by
the Director, the head of each agency shall submit to the
Director the results of the evaluation required under this
section.
``(f) Agencies and evaluators shall take appropriate steps
to ensure the protection of information which, if disclosed,
may adversely affect information security. Such protections
shall be commensurate with the risk and comply with all
applicable laws and regulations.
``(g)(1) The Director shall summarize the results of the
evaluations conducted under this section in the report to
Congress required under section 3533(a)(8).
``(2) The Director's report to Congress under this
subsection shall summarize information regarding information
security relating to national security systems in such a
manner as to ensure appropriate protection for information
associated with any information security vulnerability in
such system commensurate with the risk and in accordance with
all applicable laws.
``(3) Evaluations and any other descriptions of information
systems under the authority and control of the Director of
Central Intelligence or of National Foreign Intelligence
Programs systems under the authority and control of the
Secretary of Defense shall be made available to Congress only
through the appropriate oversight committees of Congress, in
accordance with applicable laws.
``(h) The Comptroller General shall periodically evaluate
and report to Congress on--
``(1) the adequacy and effectiveness of agency information
security policies and practices; and
``(2) implementation of the requirements of this
subchapter.
``Sec. 3536. National security systems
``The head of each agency operating or exercising control
of a national security system shall be responsible for
ensuring that the agency--
``(1) provides information security protections
commensurate with the risk and magnitude of the harm
resulting from the unauthorized access, use, disclosure,
disruption, modification, or destruction of the information
contained in such system;
``(2) implements information security policies and
practices as required by standards and guidelines for
national security systems, issued in accordance with law and
as directed by the President; and
``(3) complies with the requirements of this subchapter.
``Sec. 3537. Authorization of appropriations
``There are authorized to be appropriated to carry out the
provisions of this subchapter such sums as may be necessary
for each of fiscal years 2003 through 2007.
``Sec. 3538. Effect on existing law
``Nothing in this subchapter, section 11331 of title 40, or
section 20 of the National Standards and Technology Act (15
U.S.C. 278g-3) may be construed as affecting the authority of
the President, the Office of Management and Budget or the
Director thereof, the National Institute of Standards and
Technology, or the head of any agency, with respect to the
authorized use or disclosure of information, including with
regard to the protection of personal privacy under section
552a of title 5, the disclosure of information under section
552 of title 5, the management and disposition of records
under chapters 29, 31, or 33 of title 44, the management of
information resources under subchapter I of chapter 35 of
this title, or the disclosure of information to Congress or
the Comptroller General of the United States.''.
(2) Clerical amendment.--The items in the table of sections
at the beginning of such chapter 35 under the heading
``SUBCHAPTER II'' are amended to read as follows:
``3531. Purposes.
``3532. Definitions.
``3533. Authority and functions of the Director.
``3534. Federal agency responsibilities.
``3535. Annual independent evaluation.
``3536. National security systems.
``3537. Authorization of appropriations.
``3538. Effect on existing law.''.
(c) Information Security Responsibilities of Certain
Agencies.--
(1) National security responsibilities.--(A) Nothing in
this Act (including any amendment made by this Act) shall
supersede any authority of the Secretary of Defense, the
Director of Central Intelligence, or other agency head, as
authorized by law and as directed by the President, with
regard to the operation, control, or management of national
security systems, as defined by section 3532(3) of title 44,
United States Code.
(B) Section 2224 of title 10, United States Code, is
amended--
(i) in subsection 2224(b), by striking ``(b) Objectives and
Minimum Requirements.--(1)'' and inserting ``(b) Objectives
of the Program.--'';
(ii) in subsection 2224(b), by striking ``(2) the program
shall at a minimum meet the requirements of section 3534 and
3535 of title 44, United States Code.''; and
(iii) in subsection 2224(c), by inserting ``, including
through compliance with subtitle II of chapter 35 of title
44'' after ``infrastructure''.
(2) Atomic energy act of 1954.--Nothing in this Act shall
supersede any requirement made by or under the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.). Restricted Data or
Formerly Restricted Data shall be handled, protected,
classified, downgraded, and declassified in conformity with
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
[[Page H8685]]
SEC. 1002. MANAGEMENT OF INFORMATION TECHNOLOGY.
(a) In General.--Section 11331 of title 40, United States
Code, is amended to read as follows:
``Sec. 11331. Responsibilities for Federal information
systems standards
``(a) Definition.--In this section, the term `information
security' has the meaning given that term in section
3532(b)(1) of title 44.
``(b) Requirement to Prescribe Standards.--
``(1) In general.--
``(A) Requirement.--Except as provided under paragraph (2),
the Director of the Office of Management and Budget shall, on
the basis of proposed standards developed by the National
Institute of Standards and Technology pursuant to paragraphs
(2) and (3) of section 20(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3(a)) and in
consultation with the Secretary of Homeland Security,
promulgate information security standards pertaining to
Federal information systems.
``(B) Required standards.--Standards promulgated under
subparagraph (A) shall include--
``(i) standards that provide minimum information security
requirements as determined under section 20(b) of the
National Institute of Standards and Technology Act (15 U.S.C.
278g-3(b)); and
``(ii) such standards that are otherwise necessary to
improve the efficiency of operation or security of Federal
information systems.
``(C) Required standards binding.--Information security
standards described under subparagraph (B) shall be
compulsory and binding.
``(2) Standards and guidelines for national security
systems.--Standards and guidelines for national security
systems, as defined under section 3532(3) of title 44, shall
be developed, promulgated, enforced, and overseen as
otherwise authorized by law and as directed by the President.
``(c) Application of More Stringent Standards.--The head of
an agency may employ standards for the cost-effective
information security for all operations and assets within or
under the supervision of that agency that are more stringent
than the standards promulgated by the Director under this
section, if such standards--
``(1) contain, at a minimum, the provisions of those
applicable standards made compulsory and binding by the
Director; and
``(2) are otherwise consistent with policies and guidelines
issued under section 3533 of title 44.
``(d) Requirements Regarding Decisions by Director.--
``(1) Deadline.--The decision regarding the promulgation of
any standard by the Director under subsection (b) shall occur
not later than 6 months after the submission of the proposed
standard to the Director by the National Institute of
Standards and Technology, as provided under section 20 of the
National Institute of Standards and Technology Act (15 U.S.C.
278g-3).
``(2) Notice and comment.--A decision by the Director to
significantly modify, or not promulgate, a proposed standard
submitted to the Director by the National Institute of
Standards and Technology, as provided under section 20 of the
National Institute of Standards and Technology Act (15 U.S.C.
278g-3), shall be made after the public is given an
opportunity to comment on the Director's proposed
decision.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 113 of title 40, United States Code, is
amended by striking the item relating to section 11331 and
inserting the following:
``11331. Responsibilities for Federal information systems standards.''.
SEC. 1003. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
Section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3), is amended by striking the
text and inserting the following:
``(a) The Institute shall--
``(1) have the mission of developing standards, guidelines,
and associated methods and techniques for information
systems;
``(2) develop standards and guidelines, including minimum
requirements, for information systems used or operated by an
agency or by a contractor of an agency or other organization
on behalf of an agency, other than national security systems
(as defined in section 3532(b)(2) of title 44, United States
Code);
``(3) develop standards and guidelines, including minimum
requirements, for providing adequate information security for
all agency operations and assets, but such standards and
guidelines shall not apply to national security systems; and
``(4) carry out the responsibilities described in paragraph
(3) through the Computer Security Division.
``(b) The standards and guidelines required by subsection
(a) shall include, at a minimum--
``(1)(A) standards to be used by all agencies to categorize
all information and information systems collected or
maintained by or on behalf of each agency based on the
objectives of providing appropriate levels of information
security according to a range of risk levels;
``(B) guidelines recommending the types of information and
information systems to be included in each such category; and
``(C) minimum information security requirements for
information and information systems in each such category;
``(2) a definition of and guidelines concerning detection
and handling of information security incidents; and
``(3) guidelines developed in coordination with the
National Security Agency for identifying an information
system as a national security system consistent with
applicable requirements for national security systems, issued
in accordance with law and as directed by the President.
``(c) In developing standards and guidelines required by
subsections (a) and (b), the Institute shall--
``(1) consult with other agencies and offices (including,
but not limited to, the Director of the Office of Management
and Budget, the Departments of Defense and Energy, the
National Security Agency, the General Accounting Office, and
the Secretary of Homeland Security) to assure--
``(A) use of appropriate information security policies,
procedures, and techniques, in order to improve information
security and avoid unnecessary and costly duplication of
effort; and
``(B) that such standards and guidelines are complementary
with standards and guidelines employed for the protection of
national security systems and information contained in such
systems;
``(2) provide the public with an opportunity to comment on
proposed standards and guidelines;
``(3) submit to the Director of the Office of Management
and Budget for promulgation under section 11331 of title 40,
United States Code--
``(A) standards, as required under subsection (b)(1)(A), no
later than 12 months after the date of the enactment of this
section; and
``(B) minimum information security requirements for each
category, as required under subsection (b)(1)(C), no later
than 36 months after the date of the enactment of this
section;
``(4) issue guidelines as required under subsection
(b)(1)(B), no later than 18 months after the date of the
enactment of this Act;
``(5) ensure that such standards and guidelines do not
require specific technological solutions or products,
including any specific hardware or software security
solutions;
``(6) ensure that such standards and guidelines provide for
sufficient flexibility to permit alternative solutions to
provide equivalent levels of protection for identified
information security risks; and
``(7) use flexible, performance-based standards and
guidelines that, to the greatest extent possible, permit the
use of off-the-shelf commercially developed information
security products.
``(d) The Institute shall--
``(1) submit standards developed pursuant to subsection
(a), along with recommendations as to the extent to which
these should be made compulsory and binding, to the Director
of the Office of Management and Budget for promulgation under
section 11331 of title 40, United States Code;
``(2) provide assistance to agencies regarding--
``(A) compliance with the standards and guidelines
developed under subsection (a);
``(B) detecting and handling information security
incidents; and
``(C) information security policies, procedures, and
practices;
``(3) conduct research, as needed, to determine the nature
and extent of information security vulnerabilities and
techniques for providing cost-effective information security;
``(4) develop and periodically revise performance
indicators and measures for agency information security
policies and practices;
``(5) evaluate private sector information security policies
and practices and commercially available information
technologies to assess potential application by agencies to
strengthen information security;
``(6) evaluate security policies and practices developed
for national security systems to assess potential application
by agencies to strengthen information security;
``(7) periodically assess the effectiveness of standards
and guidelines developed under this section and undertake
revisions as appropriate;
``(8) solicit and consider the recommendations of the
Information Security and Privacy Advisory Board, established
by section 21, regarding standards and guidelines developed
under subsection (a) and submit such recommendations to the
Director of the Office of Management and Budget with such
standards submitted to the Director; and
``(9) prepare an annual public report on activities
undertaken in the previous year, and planned for the coming
year, to carry out responsibilities under this section.
``(e) As used in this section--
``(1) the term `agency' has the same meaning as provided in
section 3502(1) of title 44, United States Code;
``(2) the term `information security' has the same meaning
as provided in section 3532(1) of such title;
``(3) the term `information system' has the same meaning as
provided in section 3502(8) of such title;
``(4) the term `information technology' has the same
meaning as provided in section 11101 of title 40, United
States Code; and
``(5) the term `national security system' has the same
meaning as provided in section 3532(b)(2) of such title.''.
[[Page H8686]]
SEC. 1004. INFORMATION SECURITY AND PRIVACY ADVISORY BOARD.
Section 21 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-4), is amended--
(1) in subsection (a), by striking ``Computer System
Security and Privacy Advisory Board'' and inserting
``Information Security and Privacy Advisory Board'';
(2) in subsection (a)(1), by striking ``computer or
telecommunications'' and inserting ``information
technology'';
(3) in subsection (a)(2)--
(A) by striking ``computer or telecommunications
technology'' and inserting ``information technology''; and
(B) by striking ``computer or telecommunications
equipment'' and inserting ``information technology'';
(4) in subsection (a)(3)--
(A) by striking ``computer systems'' and inserting
``information system''; and
(B) by striking ``computer systems security'' and inserting
``information security'';
(5) in subsection (b)(1) by striking ``computer systems
security'' and inserting ``information security'';
(6) in subsection (b) by striking paragraph (2) and
inserting the following:
``(2) to advise the Institute and the Director of the
Office of Management and Budget on information security and
privacy issues pertaining to Federal Government information
systems, including through review of proposed standards and
guidelines developed under section 20; and'';
(7) in subsection (b)(3) by inserting ``annually'' after
``report'';
(8) by inserting after subsection (e) the following new
subsection:
``(f) The Board shall hold meetings at such locations and
at such time and place as determined by a majority of the
Board.'';
(9) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(10) by striking subsection (h), as redesignated by
paragraph (9), and inserting the following:
``(h) As used in this section, the terms ``information
system'' and ``information technology'' have the meanings
given in section 20.''.
SEC. 1005. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Federal Computer System Security Training and Plan.--
(1) Repeal.--Section 11332 of title 40, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 113 of title 40, United States Code, as
amended by striking the item relating to section 11332.
(b) Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001.--The Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398)
is amended by striking subtitle G of title X (44 U.S.C. 3531
note).
(c) Paperwork Reduction Act.--(1) Section 3504(g) of title
44, United States Code, is amended--
(A) by adding ``and'' at the end of paragraph (1);
(B) in paragraph (2)--
(i) by striking ``sections 11331 and 11332(b) and (c) of
title 40'' and inserting ``section 11331 of title 40 and
subchapter II of this title''; and
(ii) by striking the semicolon and inserting a period; and
(C) by striking paragraph (3).
(2) Section 3505 of such title is amended by adding at the
end the following:
``(c) Inventory of Information Systems.--(1) The head of
each agency shall develop and maintain an inventory of the
information systems (including national security systems)
operated by or under the control of such agency;
``(2) The identification of information systems in an
inventory under this subsection shall include an
identification of the interfaces between each such system and
all other systems or networks, including those not operated
by or under the control of the agency;
``(3) Such inventory shall be--
``(A) updated at least annually;
``(B) made available to the Comptroller General; and
``(C) used to support information resources management,
including--
``(i) preparation and maintenance of the inventory of
information resources under section 3506(b)(4);
``(ii) information technology planning, budgeting,
acquisition, and management under section 3506(h), subtitle
III of title 40, and related laws and guidance;
``(iii) monitoring, testing, and evaluation of information
security controls under subchapter II;
``(iv) preparation of the index of major information
systems required under section 552(g) of title 5, United
States Code; and
``(v) preparation of information system inventories
required for records management under chapters 21, 29, 31,
and 33.
``(4) The Director shall issue guidance for and oversee the
implementation of the requirements of this subsection.''.
(3) Section 3506(g) of such title is amended--
(A) by adding ``and'' at the end of paragraph (1);
(B) in paragraph (2)--
(i) by striking ``section 11332 of title 40'' and inserting
``subchapter II of this chapter''; and
(ii) by striking ``; and'' and inserting a period; and
(C) by striking paragraph (3).
SEC. 1006. CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act,
affects the authority of the National Institute of Standards
and Technology or the Department of Commerce relating to the
development and promulgation of standards or guidelines under
paragraphs (1) and (2) of section 20(a) of the National
Institute of Standards and Technology Act (15 U.S.C. 278g-
3(a)).
TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS
Subtitle A--Executive Office for Immigration Review
SEC. 1101. 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 1102.
SEC. 1102. 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. 1103. 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 1102, 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.
Subtitle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to
the Department of Justice
SEC. 1111. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND
EXPLOSIVES.
(a) Establishment.--
(1) In general.--There is established within the Department
of Justice under the general authority of the Attorney
General the Bureau of Alcohol, Tobacco, Firearms, and
Explosives (in this section referred to as the ``Bureau'').
(2) Director.--There shall be at the head of the Bureau a
Director, Bureau of Alcohol, Tobacco, Firearms, and
Explosives (in this subtitle referred to as the
``Director''). The Director shall be appointed by the
Attorney General and shall perform such functions as the
Attorney General shall direct. The Director shall receive
compensation at the rate prescribed by law under section 5314
of title V, United States Code, for positions at level III of
the Executive Schedule.
(3) Coordination.--The Attorney General, acting through the
Director and such other officials of the Department of
Justice as the Attorney General may designate, shall provide
for the coordination of all firearms, explosives, tobacco
enforcement, and arson enforcement functions vested in the
Attorney General so as to assure maximum cooperation between
and among any officer, employee, or agency of the Department
of Justice involved in the performance of these and related
functions.
(4) Performance of transferred functions.--The Attorney
General may make such provisions as the Attorney General
determines appropriate to authorize the performance by any
officer, employee, or agency of the Department of Justice of
any function transferred to the Attorney General under this
section.
(b) Responsibilities.--Subject to the direction of the
Attorney General, the Bureau shall be responsible for
investigating--
(1) criminal and regulatory violations of the Federal
firearms, explosives, arson, alcohol, and tobacco smuggling
laws;
(2) the functions transferred by subsection (c); and
(3) any other function related to the investigation of
violent crime or domestic terrorism that is delegated to the
Bureau by the Attorney General.
(c) Transfer of Authorities, Functions, Personnel, and
Assets to the Department of Justice.--
(1) In general.--Subject to paragraph (2), but
notwithstanding any other provision of
[[Page H8687]]
law, there are transferred to the Department of Justice the
authorities, functions, personnel, and assets of the Bureau
of Alcohol, Tobacco and Firearms, which shall be maintained
as a distinct entity within the Department of Justice,
including the related functions of the Secretary of the
Treasury.
(2) Administration and revenue collection functions.--There
shall be retained within the Department of the Treasury the
authorities, functions, personnel, and assets of the Bureau
of Alcohol, Tobacco and Firearms relating to the
administration and enforcement of chapters 51 and 52 of the
Internal Revenue Code of 1986, sections 4181 and 4182 of the
Internal Revenue Code of 1986, and title 27, United States
Code.
(3) Building prospectus.--Prospectus PDC-98W10, giving the
General Services Administration the authority for site
acquisition, design, and construction of a new headquarters
building for the Bureau of Alcohol, Tobacco and Firearms, is
transferred, and deemed to apply, to the Bureau of Alcohol,
Tobacco, Firearms, and Explosives established in the
Department of Justice under subsection (a).
(d) Tax and Trade Bureau.--
(1) Establishment.--There is established within the
Department of the Treasury the Tax and Trade Bureau.
(2) Administrator.--The Tax and Trade Bureau shall be
headed by an Administrator, who shall perform such duties as
assigned by the Under Secretary for Enforcement of the
Department of the Treasury. The Administrator shall occupy a
career-reserved position within the Senior Executive Service.
(3) Responsibilities.--The authorities, functions,
personnel, and assets of the Bureau of Alcohol, Tobacco and
Firearms that are not transferred to the Department of
Justice under this section shall be retained and administered
by the Tax and Trade Bureau.
SEC. 1112. TECHNICAL AND CONFORMING AMENDMENTS.
(a) The Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in section 8D(b)(1) by striking ``Bureau of Alcohol,
Tobacco and Firearms'' and inserting ``Tax and Trade
Bureau''; and
(2) in section 9(a)(1)(L)(i), by striking ``Bureau of
Alcohol, Tobacco, and Firearms'' and inserting ``Tax and
Trade Bureau''.
(b) Section 1109(c)(2)(A)(i) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (7 U.S.C. 1445-
3(c)(2)(A)(i)) is amended by striking ``(on ATF Form 3068) by
manufacturers of tobacco products to the Bureau of Alcohol,
Tobacco and Firearms'' and inserting ``by manufacturers of
tobacco products to the Tax and Trade Bureau''.
(c) Section 2(4)(J) of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (Public Law 107-173; 8 U.S.C.A.
1701(4)(J)) is amended by striking ``Bureau of Alcohol,
Tobacco, and Firearms'' and inserting ``Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Department of Justice''.
(d) Section 3(1)(E) of the Firefighters' Safety Study Act
(15 U.S.C. 2223b(1)(E)) is amended by striking ``the Bureau
of Alcohol, Tobacco, and Firearms,'' and inserting ``the
Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice,''.
(e) Chapter 40 of title 18, United States Code, is
amended--
(1) by striking section 841(k) and inserting the following:
``(k) `Attorney General' means the Attorney General of the
United States.'';
(2) in section 846(a), by striking ``the Attorney General
and the Federal Bureau of Investigation, together with the
Secretary'' and inserting ``the Federal Bureau of
Investigation, together with the Bureau of Alcohol, Tobacco,
Firearms, and Explosives''; and
(3) by striking ``Secretary'' each place it appears and
inserting ``Attorney General''.
(f) Chapter 44 of title 18, United States Code, is
amended--
(1) in section 921(a)(4)(B), by striking ``Secretary'' and
inserting ``Attorney General'';
(2) in section 921(a)(4), by striking ``Secretary of the
Treasury'' and inserting ``Attorney General'';
(3) in section 921(a), by striking paragraph (18) and
inserting the following:
``(18) The term `Attorney General' means the Attorney
General of the United States'';
(4) in section 922(p)(5)(A), by striking ``after
consultation with the Secretary'' and inserting ``after
consultation with the Attorney General'';
(5) in section 923(l), by striking ``Secretary of the
Treasury'' and inserting ``Attorney General''; and
(6) by striking ``Secretary'' each place it appears, except
before ``of the Army'' in section 921(a)(4) and before ``of
Defense'' in section 922(p)(5)(A), and inserting the term
``Attorney General''.
(g) Section 1261(a) of title 18, United States Code, is
amended to read as follows:
``(a) The Attorney General--
``(1) shall enforce the provisions of this chapter; and
``(2) has the authority to issue regulations to carry out
the provisions of this chapter.''.
(h) Section 1952(c) of title 18, United States Code, is
amended by striking ``Secretary of the Treasury'' and
inserting ``Attorney General''.
(i) Chapter 114 of title 18, United States Code, is
amended--
(1) by striking section 2341(5), and inserting the
following:
``(5) the term `Attorney General' means the Attorney
General of the United States''; and
(2) by striking ``Secretary'' each place it appears and
inserting ``Attorney General''.
(j) Section 6103(i)(8)(A)(i) of the Internal Revenue Code
of 1986 (relating to confidentiality and disclosure of
returns and return information) is amended by striking ``or
the Bureau of Alcohol, Tobacco and Firearms'' and inserting
``, the Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice, or the Tax and Trade Bureau,
Department of the Treasury,''.
(k) Section 7801(a) of the Internal Revenue Code of 1986
(relating to the authority of the Department of the Treasury)
is amended--
(1) by striking ``Secretary.--Except'' and inserting
``Secretary.--
``(1) In general.--Except''; and
(2) by adding at the end the following:
``(2) Administration and enforcement of certain provisions
by attorney general.--
``(A) In general.--The administration and enforcement of
the following provisions of this title shall be performed by
or under the supervision of the Attorney General; and the
term `Secretary' or `Secretary of the Treasury' shall, when
applied to those provisions, mean the Attorney General; and
the term `internal revenue officer' shall, when applied to
those provisions, mean any officer of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives so designated by the
Attorney General:
``(i) Chapter 53.
``(ii) Chapters 61 through 80, to the extent such chapters
relate to the enforcement and administration of the
provisions referred to in clause (i).
``(B) Use of existing rulings and interpretations.--Nothing
in this Act alters or repeals the rulings and interpretations
of the Bureau of Alcohol, Tobacco, and Firearms in effect on
the effective date of the Homeland Security Act of 2002,
which concern the provisions of this title referred to in
subparagraph (A). The Attorney General shall consult with the
Secretary to achieve uniformity and consistency in
administering provisions under chapter 53 of title 26, United
States Code.''.
(l) Section 2006(2) of title 28, United States Code, is
amended by inserting ``, the Director, Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Department of Justice,''
after ``the Secretary of the Treasury''.
(m) Section 713 of title 31, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 713. Audit of Internal Revenue Service, Tax and Trade
Bureau, and Bureau of Alcohol, Tobacco, Firearms, and
Explosives'';
(2) in subsection (a), by striking ``Bureau of Alcohol,
Tobacco, and Firearms,'' and inserting ``Tax and Trade
Bureau, Department of the Treasury, and the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, Department of
Justice''; and
(3) in subsection (b)
(A) in paragraph (1)(B), by striking ``or the Bureau'' and
inserting ``or either Bureau'';
(B) in paragraph (2)--
(i) by striking ``or the Bureau'' and inserting ``or either
Bureau''; and
(ii) by striking ``and the Director of the Bureau'' and
inserting ``the Tax and Trade Bureau, Department of the
Treasury, and the Director of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, Department of Justice''; and
(C) in paragraph (3), by striking ``or the Bureau'' and
inserting ``or either Bureau''.
(n) Section 9703 of title 31, United States Code, is
amended--
(1) in subsection (a)(2)(B)--
(A) in clause (iii)(III), by inserting ``and'' after the
semicolon;
(B) in clause (iv), by striking ``; and'' and inserting a
period; and
(C) by striking clause (v);
(2) by striking subsection (o);
(3) by redesignating existing subsection (p) as subsection
(o); and
(4) in subsection (o)(1), as redesignated by paragraph (3),
by striking ``Bureau of Alcohol, Tobacco and Firearms'' and
inserting ``Tax and Trade Bureau''.
(o) Section 609N(2)(L) of the Justice Assistance Act of
1984 (42 U.S.C. 10502(2)(L)) is amended by striking ``Bureau
of Alcohol, Tobacco, and Firearms'' and inserting ``Bureau of
Alcohol, Tobacco, Firearms, and Explosives, Department of
Justice''.
(p) Section 32401(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13921(a)) is amended--
(1) by striking ``Secretary of the Treasury'' each place it
appears and inserting ``Attorney General''; and
(2) in subparagraph (3)(B), by striking ``Bureau of
Alcohol, Tobacco and Firearms'' and inserting ``Bureau of
Alcohol, Tobacco, Firearms, and Explosives, Department of
Justice''.
(q) Section 80303 of title 49, United States Code, is
amended--
(1) by inserting ``or, when the violation of this chapter
involves contraband described in paragraph (2) or (5) of
section 80302(a), the Attorney General'' after ``section
80304 of this title.''; and
(2) by inserting ``, the Attorney General,'' after ``by the
Secretary''.
(r) Section 80304 of title 49, United States Code, is
amended--
(1) in subsection (a), by striking ``(b) and (c)'' and
inserting ``(b), (c), and (d)'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c), the following:
``(d) Attorney General.--The Attorney General, or officers,
employees, or agents of
[[Page H8688]]
the Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice designated by the Attorney General,
shall carry out the laws referred to in section 80306(b) of
this title to the extent that the violation of this chapter
involves contraband described in section 80302 (a)(2) or
(a)(5).''.
(s) Section 103 of the Gun Control Act of 1968 (Public Law
90-618; 82 Stat. 1226) is amended by striking ``Secretary of
the Treasury'' and inserting ``Attorney General''.
SEC. 1113. POWERS OF AGENTS OF THE BUREAU OF ALCOHOL,
TOBACCO, FIREARMS, AND EXPLOSIVES.
Chapter 203 of title 18, United States Code, is amended by
adding the following:
``Sec. 3051. Powers of Special Agents of Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
``(a) Special agents of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, as well as any other investigator
or officer charged by the Attorney General with the duty of
enforcing any of the criminal, seizure, or forfeiture
provisions of the laws of the United States, may carry
firearms, serve warrants and subpoenas issued under the
authority of the United States and make arrests without
warrant for any offense against the United States committed
in their presence, or for any felony cognizable under the
laws of the United States if they have reasonable grounds to
believe that the person to be arrested has committed or is
committing such felony.
``(b) Any special agent of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives may, in respect to the performance
of his or her duties, make seizures of property subject to
forfeiture to the United States.
``(c)(1) Except as provided in paragraphs (2) and (3), and
except to the extent that such provisions conflict with the
provisions of section 983 of title 18, United States Code,
insofar as section 983 applies, the provisions of the Customs
laws relating to--
``(A) the seizure, summary and judicial forfeiture, and
condemnation of property;
``(B) the disposition of such property;
``(C) the remission or mitigation of such forfeiture; and
``(D) the compromise of claims,
shall apply to seizures and forfeitures incurred, or alleged
to have been incurred, under any applicable provision of law
enforced or administered by the Bureau of Alcohol, Tobacco,
Firearms, and Explosives.
``(2) For purposes of paragraph (1), duties that are
imposed upon a customs officer or any other person with
respect to the seizure and forfeiture of property under the
customs laws of the United States shall be performed with
respect to seizures and forfeitures of property under this
section by such officers, agents, or any other person as may
be authorized or designated for that purpose by the Attorney
General.
``(3) Notwithstanding any other provision of law, the
disposition of firearms forfeited by reason of a violation of
any law of the United States shall be governed by the
provisions of section 5872(b) of the Internal Revenue Code of
1986.''.
SEC. 1114. EXPLOSIVES TRAINING AND RESEARCH FACILITY.
(a) Establishment.--There is established within the Bureau
an Explosives Training and Research Facility at Fort AP Hill,
Fredericksburg, Virginia.
(b) Purpose.--The facility established under subsection (a)
shall be utilized to train Federal, State, and local law
enforcement officers to--
(1) investigate bombings and explosions;
(2) properly handle, utilize, and dispose of explosive
materials and devices;
(3) train canines on explosive detection; and
(4) conduct research on explosives.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to establish and maintain the
facility established under subsection (a).
(2) Availability of funds.--Any amounts appropriated
pursuant to paragraph (1) shall remain available until
expended.
SEC. 1115. PERSONNEL MANAGEMENT DEMONSTRATION PROJECT.
Notwithstanding any other provision of law, the Personnel
Management Demonstration Project established under section
102 of title I of Division C of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act for Fiscal Year
1999 (Pub. L. 105-277; 122 Stat. 2681-585) shall be
transferred to the Attorney General of the United States for
continued use by the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, Department of Justice, and the Secretary of
the Treasury for continued use by the Tax and Trade Bureau.
Subtitle C--Explosives
SEC. 1121. SHORT TITLE.
This subtitle may be referred to as the ``Safe Explosives
Act''.
SEC. 1122. PERMITS FOR PURCHASERS OF EXPLOSIVES.
(a) Definitions.--Section 841 of title 18, United States
Code, is amended--
(1) by striking subsection (j) and inserting the following:
``(j) `Permittee' means any user of explosives for a lawful
purpose, who has obtained either a user permit or a limited
permit under the provisions of this chapter.''; and
(2) by adding at the end the following:
``(r) `Alien' means any person who is not a citizen or
national of the United States.
``(s) `Responsible person' means an individual who has the
power to direct the management and policies of the applicant
pertaining to explosive materials.''.
(b) Permits for Purchase of Explosives.--Section 842 of
title 18, United States Code, is amended--
(1) in subsection (a)(2), by striking ``and'' at the end;
(2) by striking subsection (a)(3) and inserting the
following:
``(3) other than a licensee or permittee knowingly--
``(A) to transport, ship, cause to be transported, or
receive any explosive materials; or
``(B) to distribute explosive materials to any person other
than a licensee or permittee; or
``(4) who is a holder of a limited permit--
``(A) to transport, ship, cause to be transported, or
receive in interstate or foreign commerce any explosive
materials; or
``(B) to receive explosive materials from a licensee or
permittee, whose premises are located outside the State of
residence of the limited permit holder, or on more than 6
separate occasions, during the period of the permit, to
receive explosive materials from 1 or more licensees or
permittees whose premises are located within the State of
residence of the limited permit holder.''; and
(3) by striking subsection (b) and inserting the following:
``(b) It shall be unlawful for any licensee or permittee to
knowingly distribute any explosive materials to any person
other than--
``(1) a licensee;
``(2) a holder of a user permit; or
``(3) a holder of a limited permit who is a resident of the
State where distribution is made and in which the premises of
the transferor are located.''.
(c) Licenses and User Permits.--Section 843(a) of title 18,
United States Code, is amended--
(1) in the first sentence--
(A) by inserting ``or limited permit'' after ``user
permit''; and
(B) by inserting before the period at the end the
following: ``, including the names of and appropriate
identifying information regarding all employees who will be
authorized by the applicant to possess explosive materials,
as well as fingerprints and a photograph of each responsible
person'';
(2) in the second sentence, by striking ``$200 for each''
and inserting ``$50 for a limited permit and $200 for any
other''; and
(3) by striking the third sentence and inserting ``Each
license or user permit shall be valid for not longer than 3
years from the date of issuance and each limited permit shall
be valid for not longer than 1 year from the date of
issuance. Each license or permit shall be renewable upon the
same conditions and subject to the same restrictions as the
original license or permit, and upon payment of a renewal fee
not to exceed one-half of the original fee.''.
(d) Criteria for Approving Licenses and Permits.--Section
843(b) of title 18, United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) the applicant (or, if the applicant is a corporation,
partnership, or association, each responsible person with
respect to the applicant) is not a person described in
section 842(i);'';
(2) in paragraph (4)--
(A) by inserting ``(A) the Secretary verifies by inspection
or, if the application is for an original limited permit or
the first or second renewal of such a permit, by such other
means as the Secretary determines appropriate, that'' before
``the applicant''; and
(B) by adding at the end the following:
``(B) subparagraph (A) shall not apply to an applicant for
the renewal of a limited permit if the Secretary has
verified, by inspection within the preceding 3 years, the
matters described in subparagraph (A) with respect to the
applicant; and'';
(3) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(6) none of the employees of the applicant who will be
authorized by the applicant to possess explosive materials is
any person described in section 842(i); and
``(7) in the case of a limited permit, the applicant has
certified in writing that the applicant will not receive
explosive materials on more than 6 separate occasions during
the 12-month period for which the limited permit is valid.''.
(e) Application Approval.--Section 843(c) of title 18,
United States Code, is amended by striking ``forty-five
days'' and inserting ``90 days for licenses and permits,''.
(f) Inspection Authority.--Section 843(f) of title 18,
United States Code, is amended--
(1) in the first sentence--
(A) by striking ``permittees'' and inserting ``holders of
user permits''; and
(B) by inserting ``licensees and permittees'' before
``shall submit'';
(2) in the second sentence, by striking ``permittee'' the
first time it appears and inserting ``holder of a user
permit''; and
(3) by adding at the end the following: ``The Secretary may
inspect the places of storage for explosive materials of an
applicant for a limited permit or, at the time of renewal of
such permit, a holder of a limited permit, only as provided
in subsection (b)(4).
(g) Posting of Permits.--Section 843(g) of title 18, United
States Code, is amended by inserting ``user'' before
``permits''.
(h) Background Checks; Clearances.--Section 843 of title
18, United States Code, is amended by adding at the end the
following:
[[Page H8689]]
``(h)(1) If the Secretary receives, from an employer, the
name and other identifying information of a responsible
person or an employee who will be authorized by the employer
to possess explosive materials in the course of employment
with the employer, the Secretary shall determine whether the
responsible person or employee is one of the persons
described in any paragraph of section 842(i). In making the
determination, the Secretary may take into account a letter
or document issued under paragraph (2).
``(2)(A) If the Secretary determines that the responsible
person or the employee is not one of the persons described in
any paragraph of section 842(i), the Secretary shall notify
the employer in writing or electronically of the
determination and issue, to the responsible person or
employee, a letter of clearance, which confirms the
determination.
``(B) If the Secretary determines that the responsible
person or employee is one of the persons described in any
paragraph of section 842(i), the Secretary shall notify the
employer in writing or electronically of the determination
and issue to the responsible person or the employee, as the
case may be, a document that--
``(i) confirms the determination;
``(ii) explains the grounds for the determination;
``(iii) provides information on how the disability may be
relieved; and
``(iv) explains how the determination may be appealed.''.
(i) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect 180 days after the date of enactment of this Act.
(2) Exception.--Notwithstanding any provision of this Act,
a license or permit issued under section 843 of title 18,
United States Code, before the date of enactment of this Act,
shall remain valid until that license or permit is revoked
under section 843(d) or expires, or until a timely
application for renewal is acted upon.
SEC. 1123. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING
EXPLOSIVE MATERIALS.
(a) Distribution of Explosives.--Section 842(d) of title
18, United States Code, is amended--
(1) in paragraph (5), by striking ``or'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``or who has been committed to a mental
institution;''; and
(3) by adding at the end the following:
``(7) is an alien, other than an alien who--
``(A) is lawfully admitted for permanent residence (as
defined in section 101 (a)(20) of the Immigration and
Nationality Act); or
``(B) is in lawful nonimmigrant status, is a refugee
admitted under section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157), or is in asylum status under section 208
of the Immigration and Nationality Act (8 U.S.C. 1158), and--
``(i) is a foreign law enforcement officer of a friendly
foreign government, as determined by the Secretary in
consultation with the Secretary of State, entering the United
States on official law enforcement business, and the
shipping, transporting, possession, or receipt of explosive
materials is in furtherance of this official law enforcement
business;
``(ii) is a person having the power to direct or cause the
direction of the management and policies of a corporation,
partnership, or association licensed pursuant to section
843(a), and the shipping, transporting, possession, or
receipt of explosive materials is in furtherance of such
power;
``(iii) is a member of a North Atlantic Treaty Organization
(NATO) or other friendly foreign military force, as
determined by the Secretary in consultation with the
Secretary of Defense, (whether or not admitted in a
nonimmigrant status) who is present in the United States
under military orders for training or other military purpose
authorized by the United States, and the shipping,
transporting, possession, or receipt of explosive materials
is in furtherance of the military purpose; or
``(iv) is lawfully present in the United States in
cooperation with the Director of Central Intelligence, and
the shipment, transportation, receipt, or possession of the
explosive materials is in furtherance of such cooperation;
``(8) has been discharged from the armed forces under
dishonorable conditions;
``(9) having been a citizen of the United States, has
renounced the citizenship of that person.''.
(b) Possession of Explosive Materials.--Section 842(i) of
title 18, United States Code, is amended--
(1) in paragraph (3), by striking ``or'' at the end; and
(2) by inserting after paragraph (4) the following:
``(5) who is an alien, other than an alien who--
``(A) is lawfully admitted for permanent residence (as that
term is defined in section 101(a)(20) of the Immigration and
Nationality Act); or
``(B) is in lawful nonimmigrant status, is a refugee
admitted under section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157), or is in asylum status under section 208
of the Immigration and Nationality Act (8 U.S.C. 1158), and--
``(i) is a foreign law enforcement officer of a friendly
foreign government, as determined by the Secretary in
consultation with the Secretary of State, entering the United
States on official law enforcement business, and the
shipping, transporting, possession, or receipt of explosive
materials is in furtherance of this official law enforcement
business;
``(ii) is a person having the power to direct or cause the
direction of the management and policies of a corporation,
partnership, or association licensed pursuant to section
843(a), and the shipping, transporting, possession, or
receipt of explosive materials is in furtherance of such
power;
``(iii) is a member of a North Atlantic Treaty Organization
(NATO) or other friendly foreign military force, as
determined by the Secretary in consultation with the
Secretary of Defense, (whether or not admitted in a
nonimmigrant status) who is present in the United States
under military orders for training or other military purpose
authorized by the United States, and the shipping,
transporting, possession, or receipt of explosive materials
is in furtherance of the military purpose; or
``(iv) is lawfully present in the United States in
cooperation with the Director of Central Intelligence, and
the shipment, transportation, receipt, or possession of the
explosive materials is in furtherance of such cooperation;
``(6) who has been discharged from the armed forces under
dishonorable conditions;
``(7) who, having been a citizen of the United States, has
renounced the citizenship of that person''; and
(3) by inserting ``or affecting'' before ``interstate''
each place that term appears.
SEC. 1124. REQUIREMENT TO PROVIDE SAMPLES OF EXPLOSIVE
MATERIALS AND AMMONIUM NITRATE.
Section 843 of title 18, United States Code, as amended by
this Act, is amended by adding at the end the following:
``(i) Furnishing of Samples.--
``(1) In general.--Licensed manufacturers and licensed
importers and persons who manufacture or import explosive
materials or ammonium nitrate shall, when required by letter
issued by the Secretary, furnish--
``(A) samples of such explosive materials or ammonium
nitrate;
``(B) information on chemical composition of those
products; and
``(C) any other information that the Secretary determines
is relevant to the identification of the explosive materials
or to identification of the ammonium nitrate.
``(2) Reimbursement.--The Secretary shall, by regulation,
authorize reimbursement of the fair market value of samples
furnished pursuant to this subsection, as well as the
reasonable costs of shipment.''.
SEC. 1125. DESTRUCTION OF PROPERTY OF INSTITUTIONS RECEIVING
FEDERAL FINANCIAL ASSISTANCE.
Section 844(f)(1) of title 18, United States Code, is
amended by inserting before the word ``shall'' the following:
``or any institution or organization receiving Federal
financial assistance,''.
SEC. 1126. RELIEF FROM DISABILITIES.
Section 845(b) of title 18, United States Code, is amended
to read as follows:
``(b)(1) A person who is prohibited from shipping,
transporting, receiving, or possessing any explosive under
section 842(i) may apply to the Secretary for relief from
such prohibition.
``(2) The Secretary may grant the relief requested under
paragraph (1) if the Secretary determines that the
circumstances regarding the applicability of section 842(i),
and the applicant's record and reputation, are such that the
applicant will not be likely to act in a manner dangerous to
public safety and that the granting of such relief is not
contrary to the public interest.
``(3) A licensee or permittee who applies for relief, under
this subsection, from the disabilities incurred under this
chapter as a result of an indictment for or conviction of a
crime punishable by imprisonment for a term exceeding 1 year
shall not be barred by such disability from further
operations under the license or permit pending final action
on an application for relief filed pursuant to this
section.''.
SEC. 1127. THEFT REPORTING REQUIREMENT.
Section 844 of title 18, United States Code, is amended by
adding at the end the following:
``(p) Theft Reporting Requirement.--
``(1) In general.--A holder of a license or permit who
knows that explosive materials have been stolen from that
licensee or permittee, shall report the theft to the
Secretary not later than 24 hours after the discovery of the
theft.
``(2) Penalty.--A holder of a license or permit who does
not report a theft in accordance with paragraph (1), shall be
fined not more than $10,000, imprisoned not more than 5
years, or both.''.
SEC. 1128. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
necessary to carry out this subtitle and the amendments made
by this subtitle.
TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION
SEC. 1201. AIR CARRIER LIABILITY FOR THIRD PARTY CLAIMS
ARISING OUT OF ACTS OF TERRORISM.
Section 44303 of title 49, United States Code, is amended--
(1) by inserting ``(a) In general.--'' before ``The
Secretary of Transportation'';
(2) by moving the text of paragraph (2) of section 201(b)
of the Air Transportation Safety and System Stabilization Act
(115 Stat. 235) to the end and redesignating such paragraph
as subsection (b);
[[Page H8690]]
(3) in subsection (b) (as so redesignated)--
(A) by striking the subsection heading and inserting ``Air
Carrier Liability for Third Party Claims Arising Out of Acts
of Terrorism.--'';
(B) in the first sentence by striking ``the 180-day period
following the date of enactment of this Act, the Secretary of
Transportation'' and inserting ``the period beginning on
September 22, 2001, and ending on December 31, 2003, the
Secretary''; and
(C) in the last sentence by striking ``this paragraph'' and
inserting ``this subsection''.
SEC. 1202. EXTENSION OF INSURANCE POLICIES.
Section 44302 of title 49, United States Code, is amended
by adding at the end the following:
``(f) Extension of Policies.--
``(1) In general.--The Secretary shall extend through
August 31, 2003, and may extend through December 31, 2003,
the termination date of any insurance policy that the
Department of Transportation issued to an air carrier under
subsection (a) and that is in effect on the date of enactment
of this subsection on no less favorable terms to the air
carrier than existed on June 19, 2002; except that the
Secretary shall amend the insurance policy, subject to such
terms and conditions as the Secretary may prescribe, to add
coverage for losses or injuries to aircraft hulls,
passengers, and crew at the limits carried by air carriers
for such losses and injuries as of such date of enactment and
at an additional premium comparable to the premium charged
for third-party casualty coverage under such policy.
``(2) Special rules.--Notwithstanding paragraph (1)--
``(A) in no event shall the total premium paid by the air
carrier for the policy, as amended, be more than twice the
premium that the air carrier was paying to the Department of
Transportation for its third party policy as of June 19,
2002; and
``(B) the coverage in such policy shall begin with the
first dollar of any covered loss that is incurred.''.
SEC. 1203. CORRECTION OF REFERENCE.
Effective November 19, 2001, section 147 of the Aviation
and Transportation Security Act (Public Law 107-71) is
amended by striking ``(b)'' and inserting ``(c)''.
SEC. 1204. REPORT.
Not later than 90 days after the date of enactment of this
Act, the Secretary shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives a report that--
(A) evaluates the availability and cost of commercial war
risk insurance for air carriers and other aviation entities
for passengers and third parties;
(B) analyzes the economic effect upon air carriers and
other aviation entities of available commercial war risk
insurance; and
(C) describes the manner in which the Department could
provide an alternative means of providing aviation war risk
reinsurance covering passengers, crew, and third parties
through use of a risk-retention group or by other means.
TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT
Subtitle A--Chief Human Capital Officers
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Chief Human Capital
Officers Act of 2002''.
SEC. 1302. 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. 1303. 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. 1304. 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. 1305. EFFECTIVE DATE.
This subtitle shall take effect 180 days after the date of
enactment of this Act.
Subtitle B--Reforms Relating to Federal Human Capital Management
SEC. 1311. 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--
[[Page H8691]]
(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. 1312. 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. 1313. 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 not 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 the 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
[[Page H8692]]
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. 1314. 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''.
Subtitle C--Reforms Relating to the Senior Executive Service
SEC. 1321. 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''.
[[Page H8693]]
(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. 1322. ADJUSTMENT OF LIMITATION ON TOTAL ANNUAL
COMPENSATION.
(a) In General.--Section 5307 of title 5, United States
Code, is amended by adding at the end the following:
``(d)(1) Notwithstanding any other provision of this
section, subsection (a)(1) shall be applied by substituting
`the total annual compensation payable to the Vice President
under section 104 of title 3' for `the annual rate of basic
pay payable for level I of the Executive Schedule' in the
case of any employee who--
``(A) is paid under section 5376 or 5383 of this title or
section 332(f), 603, or 604 of title 28; and
``(B) holds a position in or under an agency which is
described in paragraph (2).
``(2) An agency described in this paragraph is any agency
which, for purposes of the calendar year involved, has been
certified under this subsection as having a performance
appraisal system which (as designed and applied) makes
meaningful distinctions based on relative performance.
``(3)(A) The Office of Personnel Management and the Office
of Management and Budget jointly shall promulgate such
regulations as may be necessary to carry out this subsection,
including the criteria and procedures in accordance with
which any determinations under this subsection shall be made.
``(B) An agency's certification under this subsection shall
be for a period of 2 calendar years, except that such
certification may be terminated at any time, for purposes of
either or both of those years, upon a finding that the
actions of such agency have not remained in conformance with
applicable requirements.
``(C) Any certification or decertification under this
subsection shall be made by the Office of Personnel
Management, with the concurrence of the Office of Management
and Budget.
``(4) Notwithstanding any provision of paragraph (3), any
regulations, certifications, or other measures necessary to
carry out this subsection with respect to employees within
the judicial branch shall be the responsibility of the
Director of the Administrative Office of the United States
Courts. However, the regulations under this paragraph shall
be consistent with those promulgated under paragraph (3).''.
(b) Conforming Amendments.--(1) Section 5307(a) of title 5,
United States Code, is amended by inserting ``or as otherwise
provided under subsection (d),'' after ``under law,''.
(2) Section 5307(c) of such title is amended by striking
``this section,'' and inserting ``this section (subject to
subsection (d)),''.
Subtitle D--Academic Training
SEC. 1331. 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. 1332. 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''.
TITLE XIV--ARMING PILOTS AGAINST TERRORISM
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Arming Pilots Against
Terrorism Act''.
SEC. 1402. FEDERAL FLIGHT DECK OFFICER PROGRAM.
(a) In General.--Subchapter I of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 44921. Federal flight deck officer program
``(a) Establishment.--The Under Secretary of Transportation
for Security shall establish a program to deputize volunteer
pilots of air carriers providing passenger air transportation
or intrastate passenger air transportation as Federal law
enforcement officers to defend the flight decks of aircraft
of such air carriers against acts of criminal violence or air
piracy. Such officers shall be known as `Federal flight deck
officers'.
``(b) Procedural Requirements.--
``(1) In general.--Not later than 3 months after the date
of enactment of this section, the Under Secretary shall
establish procedural requirements to carry out the program
under this section.
``(2) Commencement of program.--Beginning 3 months after
the date of enactment of this section, the Under Secretary
shall begin the process of training and deputizing pilots who
are qualified to be Federal flight deck officers as Federal
flight deck officers under the program.
``(3) Issues to be addressed.--The procedural requirements
established under paragraph (1) shall address the following
issues:
``(A) The type of firearm to be used by a Federal flight
deck officer.
``(B) The type of ammunition to be used by a Federal flight
deck officer.
``(C) The standards and training needed to qualify and
requalify as a Federal flight deck officer.
[[Page H8694]]
``(D) The placement of the firearm of a Federal flight deck
officer on board the aircraft to ensure both its security and
its ease of retrieval in an emergency.
``(E) An analysis of the risk of catastrophic failure of an
aircraft as a result of the discharge (including an
accidental discharge) of a firearm to be used in the program
into the avionics, electrical systems, or other sensitive
areas of the aircraft.
``(F) The division of responsibility between pilots in the
event of an act of criminal violence or air piracy if only 1
pilot is a Federal flight deck officer and if both pilots are
Federal flight deck officers.
``(G) Procedures for ensuring that the firearm of a Federal
flight deck officer does not leave the cockpit if there is a
disturbance in the passenger cabin of the aircraft or if the
pilot leaves the cockpit for personal reasons.
``(H) Interaction between a Federal flight deck officer and
a Federal air marshal on board the aircraft.
``(I) The process for selection of pilots to participate in
the program based on their fitness to participate in the
program, including whether an additional background check
should be required beyond that required by section
44936(a)(1).
``(J) Storage and transportation of firearms between
flights, including international flights, to ensure the
security of the firearms, focusing particularly on whether
such security would be enhanced by requiring storage of the
firearm at the airport when the pilot leaves the airport to
remain overnight away from the pilot's base airport.
``(K) Methods for ensuring that security personnel will be
able to identify whether a pilot is authorized to carry a
firearm under the program.
``(L) Methods for ensuring that pilots (including Federal
flight deck officers) will be able to identify whether a
passenger is a law enforcement officer who is authorized to
carry a firearm aboard the aircraft.
``(M) Any other issues that the Under Secretary considers
necessary.
``(N) The Under Secretary's decisions regarding the methods
for implementing each of the foregoing procedural
requirements shall be subject to review only for abuse of
discretion.
``(4) Preference.--In selecting pilots to participate in
the program, the Under Secretary shall give preference to
pilots who are former military or law enforcement personnel.
``(5) Classified information.--Notwithstanding section 552
of title 5 but subject to section 40119 of this title,
information developed under paragraph (3)(E) shall not be
disclosed.
``(6) Notice to congress.--The Under Secretary shall
provide notice to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate after completing the analysis required by paragraph
(3)(E).
``(7) Minimization of risk.--If the Under Secretary
determines as a result of the analysis under paragraph (3)(E)
that there is a significant risk of the catastrophic failure
of an aircraft as a result of the discharge of a firearm, the
Under Secretary shall take such actions as may be necessary
to minimize that risk.
``(c) Training, Supervision, and Equipment.--
``(1) In general.--The Under Secretary shall only be
obligated to provide the training, supervision, and equipment
necessary for a pilot to be a Federal flight deck officer
under this section at no expense to the pilot or the air
carrier employing the pilot.
``(2) Training.--
``(A) In general.--The Under Secretary shall base the
requirements for the training of Federal flight deck officers
under subsection (b) on the training standards applicable to
Federal air marshals; except that the Under Secretary shall
take into account the differing roles and responsibilities of
Federal flight deck officers and Federal air marshals.
``(B) Elements.--The training of a Federal flight deck
officer shall include, at a minimum, the following elements:
``(i) Training to ensure that the officer achieves the
level of proficiency with a firearm required under
subparagraph (C)(i).
``(ii) Training to ensure that the officer maintains
exclusive control over the officer's firearm at all times,
including training in defensive maneuvers.
``(iii) Training to assist the officer in determining when
it is appropriate to use the officer's firearm and when it is
appropriate to use less than lethal force.
``(C) Training in use of firearms.--
``(i) Standard.--In order to be deputized as a Federal
flight deck officer, a pilot must achieve a level of
proficiency with a firearm that is required by the Under
Secretary. Such level shall be comparable to the level of
proficiency required of Federal air marshals.
``(ii) Conduct of training.--The training of a Federal
flight deck officer in the use of a firearm may be conducted
by the Under Secretary or by a firearms training facility
approved by the Under Secretary.
``(iii) Requalification.--The Under Secretary shall require
a Federal flight deck officer to requalify to carry a firearm
under the program. Such requalification shall occur at an
interval required by the Under Secretary.
``(d) Deputization.--
``(1) In general.--The Under Secretary may deputize, as a
Federal flight deck officer under this section, a pilot who
submits to the Under Secretary a request to be such an
officer and whom the Under Secretary determines is qualified
to be such an officer.
``(2) Qualification.--A pilot is qualified to be a Federal
flight deck officer under this section if--
``(A) the pilot is employed by an air carrier;
``(B) the Under Secretary determines (in the Under
Secretary's discretion) that the pilot meets the standards
established by the Under Secretary for being such an officer;
and
``(C) the Under Secretary determines that the pilot has
completed the training required by the Under Secretary.
``(3) Deputization by other federal agencies.--The Under
Secretary may request another Federal agency to deputize, as
Federal flight deck officers under this section, those pilots
that the Under Secretary determines are qualified to be such
officers.
``(4) Revocation.--The Under Secretary may, (in the Under
Secretary's discretion) revoke the deputization of a pilot as
a Federal flight deck officer if the Under Secretary finds
that the pilot is no longer qualified to be such an officer.
``(e) Compensation.--Pilots participating in the program
under this section shall not be eligible for compensation
from the Federal Government for services provided as a
Federal flight deck officer. The Federal Government and air
carriers shall not be obligated to compensate a pilot for
participating in the program or for the pilot's training or
qualification and requalification to carry firearms under the
program.
``(f) Authority To Carry Firearms.--
``(1) In general.--The Under Secretary shall authorize a
Federal flight deck officer to carry a firearm while engaged
in providing air transportation or intrastate air
transportation. Notwithstanding subsection (c)(1), the
officer may purchase a firearm and carry that firearm aboard
an aircraft of which the officer is the pilot in accordance
with this section if the firearm is of a type that may be
used under the program.
``(2) Preemption.--Notwithstanding any other provision of
Federal or State law, a Federal flight deck officer, whenever
necessary to participate in the program, may carry a firearm
in any State and from 1 State to another State.
``(3) Carrying firearms outside united states.--In
consultation with the Secretary of State, the Under Secretary
may take such action as may be necessary to ensure that a
Federal flight deck officer may carry a firearm in a foreign
country whenever necessary to participate in the program.
``(g) Authority To Use Force.--Notwithstanding section
44903(d), the Under Secretary shall prescribe the standards
and circumstances under which a Federal flight deck officer
may use, while the program under this section is in effect,
force (including lethal force) against an individual in the
defense of the flight deck of an aircraft in air
transportation or intrastate air transportation.
``(h) Limitation on Liability.--
``(1) Liability of air carriers.--An air carrier shall not
be liable for damages in any action brought in a Federal or
State court arising out of a Federal flight deck officer's
use of or failure to use a firearm.
``(2) Liability of federal flight deck officers.--A Federal
flight deck officer shall not be liable for damages in any
action brought in a Federal or State court arising out of the
acts or omissions of the officer in defending the flight deck
of an aircraft against acts of criminal violence or air
piracy unless the officer is guilty of gross negligence or
willful misconduct.
``(3) Liability of federal government.--For purposes of an
action against the United States with respect to an act or
omission of a Federal flight deck officer in defending the
flight deck of an aircraft, the officer shall be treated as
an employee of the Federal Government under chapter 171 of
title 28, relating to tort claims procedure.
``(i) Procedures Following Accidental Discharges.--If an
accidental discharge of a firearm under the pilot program
results in the injury or death of a passenger or crew member
on an aircraft, the Under Secretary--
``(1) shall revoke the deputization of the Federal flight
deck officer responsible for that firearm if the Under
Secretary determines that the discharge was attributable to
the negligence of the officer; and
``(2) if the Under Secretary determines that a shortcoming
in standards, training, or procedures was responsible for the
accidental discharge, the Under Secretary may temporarily
suspend the program until the shortcoming is corrected.
``(j) Limitation on Authority of Air Carriers.--No air
carrier shall prohibit or threaten any retaliatory action
against a pilot employed by the air carrier from becoming a
Federal flight deck officer under this section. No air
carrier shall--
``(1) prohibit a Federal flight deck officer from piloting
an aircraft operated by the air carrier, or
``(2) terminate the employment of a Federal flight deck
officer, solely on the basis of his or her volunteering for
or participating in the program under this section.
``(k) Applicability.--
``(1) Exemption.--This section shall not apply to air
carriers operating under part 135 of title 14, Code of
Federal Regulations, and to pilots employed by such carriers
to the
[[Page H8695]]
extent that such carriers and pilots are covered by section
135.119 of such title or any successor to such section.
``(2) Pilot defined.--The term `pilot' means an individual
who has final authority and responsibility for the operation
and safety of the flight or, if more than 1 pilot is required
for the operation of the aircraft or by the regulations under
which the flight is being conducted, the individual
designated as second in command.''.
(b) Conforming Amendments.--
(1) Chapter analysis.--The analysis for such chapter is
amended by inserting after the item relating to section 44920
the following:
``44921. Federal flight deck officer program.''.
(2) Flight deck security.--Section 128 of the Aviation and
Transportation Security Act (Public Law 107-71) is repealed.
(c) Federal Air Marshal Program.--
(1) Sense of congress.--It is the sense of Congress that
the Federal air marshal program is critical to aviation
security.
(2) Limitation on statutory construction.--Nothing in this
Act, including any amendment made by this Act, shall be
construed as preventing the Under Secretary of Transportation
for Security from implementing and training Federal air
marshals.
SEC. 1403. CREW TRAINING.
(a) In General.--Section 44918(e) of title 49, United
States Code, is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(1) In general.--The Under Secretary'';
(2) by adding at the end the following:
``(2) Additional requirements.--In updating the training
guidance, the Under Secretary, in consultation with the
Administrator, shall issue a rule to--
``(A) require both classroom and effective hands-on
situational training in the following elements of self
defense:
``(i) recognizing suspicious activities and determining the
seriousness of an occurrence;
``(ii) deterring a passenger who might present a problem;
``(iii) crew communication and coordination;
``(iv) the proper commands to give to passengers and
attackers;
``(v) methods to subdue and restrain an attacker;
``(vi) use of available items aboard the aircraft for self-
defense;
``(vii) appropriate and effective responses to defend
oneself, including the use of force against an attacker;
``(viii) use of protective devices assigned to crew members
(to the extent such devices are approved by the Administrator
or Under Secretary);
``(ix) the psychology of terrorists to cope with their
behavior and passenger responses to that behavior;
``(x) how to respond to aircraft maneuvers that may be
authorized to defend against an act of criminal violence or
air piracy;
``(B) require training in the proper conduct of a cabin
search, including the duty time required to conduct the
search;
``(C) establish the required number of hours of training
and the qualifications for the training instructors;
``(D) establish the intervals, number of hours, and
elements of recurrent training;
``(E) ensure that air carriers provide the initial training
required by this paragraph within 24 months of the date of
enactment of this subparagraph; and
``(F) ensure that no person is required to participate in
any hands-on training activity that that person believes will
have an adverse impact on his or her health or safety.
``(3) Responsibility of under secretary.--(A)
Consultation.--In developing the rule under paragraph (2),
the Under Secretary shall consult with law enforcement
personnel and security experts who have expertise in self-
defense training, terrorism experts, and representatives of
air carriers, the provider of self-defense training for
Federal air marshals, flight attendants, labor organizations
representing flight attendants, and educational institutions
offering law enforcement training programs.
``(B) Designation of official.--The Under Secretary shall
designate an official in the Transportation Security
Administration to be responsible for overseeing the
implementation of the training program under this subsection.
``(C) Necessary resources and knowledge.--The Under
Secretary shall ensure that employees of the Administration
responsible for monitoring the training program have the
necessary resources and knowledge.''; and
(3) by aligning the remainder of the text of paragraph (1)
(as designated by paragraph (1) of this section) with
paragraphs (2) and (3) (as added by paragraph (2) of this
section).
(b) Enhance Security Measures.--Section 109(a) of the
Aviation and Transportation Security Act (49 U.S.C. 114 note;
115 Stat. 613-614) is amended by adding at the end the
following:
``(9) Require that air carriers provide flight attendants
with a discreet, hands-free, wireless method of communicating
with the pilots.''.
(c) Benefits and Risks of Providing Flight Attendants With
Nonlethal Weapons.--
(1) Study.--The Under Secretary of Transportation for
Security shall conduct a study to evaluate the benefits and
risks of providing flight attendants with nonlethal weapons
to aide in combating air piracy and criminal violence on
commercial airlines.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, the Under Secretary shall transmit to
Congress a report on the results of the study.
SEC. 1404. COMMERCIAL AIRLINE SECURITY STUDY.
(a) Study.--The Secretary of Transportation shall conduct a
study of the following:
(1) The number of armed Federal law enforcement officers
(other than Federal air marshals), who travel on commercial
airliners annually and the frequency of their travel.
(2) The cost and resources necessary to provide such
officers with supplemental training in aircraft anti-
terrorism training that is comparable to the training that
Federal air marshals are provided.
(3) The cost of establishing a program at a Federal law
enforcement training center for the purpose of providing new
Federal law enforcement recruits with standardized training
comparable to the training that Federal air marshals are
provided.
(4) The feasibility of implementing a certification program
designed for the purpose of ensuring Federal law enforcement
officers have completed the training described in paragraph
(2) and track their travel over a 6-month period.
(5) The feasibility of staggering the flights of such
officers to ensure the maximum amount of flights have a
certified trained Federal officer on board.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study. The report may
be submitted in classified and redacted form.
SEC. 1405. AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THAN-
LETHAL WEAPONS.
(a) In General.--Section 44903(i) of title 49, United
States Code (as redesignated by section 6 of this Act) is
amended by adding at the end the following:
``(3) Request of air carriers to use less-than-lethal
weapons.--If, after the date of enactment of this paragraph,
the Under Secretary receives a request from an air carrier
for authorization to allow pilots of the air carrier to carry
less-than-lethal weapons, the Under Secretary shall respond
to that request within 90 days.''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in paragraph (1) by striking ``Secretary'' the first
and third places it appears and inserting ``Under
Secretary''; and
(2) in paragraph (2) by striking ``Secretary'' each place
it appears and inserting ``Under Secretary''.
SEC. 1406. TECHNICAL AMENDMENTS.
Section 44903 of title 49, United States Code, is amended--
(1) by redesignating subsection (i) (relating to short-term
assessment and deployment of emerging security technologies
and procedures) as subsection (j);
(2) by redesignating the second subsection (h) (relating to
authority to arm flight deck crew with less-than-lethal
weapons) as subsection (i); and
(3) by redesignating the third subsection (h) (relating to
limitation on liability for acts to thwart criminal violence
for aircraft piracy) as subsection (k).
TITLE XV--TRANSITION
Subtitle A--Reorganization Plan
SEC. 1501. DEFINITIONS.
For purposes of this title:
(1) The term ``agency'' includes any entity, organizational
unit, program, or function.
(2) The term ``transition period'' means the 12-month
period beginning on the effective date of this Act.
SEC. 1502. REORGANIZATION PLAN.
(a) Submission of Plan.--Not later than 60 days after the
date of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a
reorganization plan regarding the following:
(1) The transfer of agencies, personnel, assets, and
obligations to the Department pursuant to this Act.
(2) Any consolidation, reorganization, or streamlining of
agencies transferred to the Department pursuant to this Act.
(b) Plan Elements.--The plan transmitted under subsection
(a) shall contain, consistent with this Act, such elements as
the President deems appropriate, including the following:
(1) Identification of any functions of agencies transferred
to the Department pursuant to this Act that will not be
transferred to the Department under the plan.
(2) Specification of the steps to be taken by the Secretary
to organize the Department, including the delegation or
assignment of functions transferred to the Department among
officers of the Department in order to permit the Department
to carry out the functions transferred under the plan.
(3) Specification of the funds available to each agency
that will be transferred to the Department as a result of
transfers under the plan.
(4) Specification of the proposed allocations within the
Department of unexpended funds transferred in connection with
transfers under the plan.
(5) Specification of any proposed disposition of property,
facilities, contracts, records, and other assets and
obligations of agencies transferred under the plan.
[[Page H8696]]
(6) Specification of the proposed allocations within the
Department of the functions of the agencies and subdivisions
that are not related directly to securing the homeland.
(c) Modification of Plan.--The President may, on the basis
of consultations with the appropriate congressional
committees, modify or revise any part of the plan until that
part of the plan becomes effective in accordance with
subsection (d).
(d) Effective Date.--
(1) In general.--The reorganization plan described in this
section, including any modifications or revisions of the plan
under subsection (d), shall become effective for an agency on
the earlier of--
(A) the date specified in the plan (or the plan as modified
pursuant to subsection (d)), except that such date may not be
earlier than 90 days after the date the President has
transmitted the reorganization plan to the appropriate
congressional committees pursuant to subsection (a); or
(B) the end of the transition period.
(2) Statutory construction.--Nothing in this subsection may
be construed to require the transfer of functions, personnel,
records, balances of appropriations, or other assets of an
agency on a single date.
(3) Supersedes existing law.--Paragraph (1) shall apply
notwithstanding section 905(b) of title 5, United States
Code.
SEC. 1503. REVIEW OF CONGRESSIONAL COMMITTEE STRUCTURES.
It is the sense of Congress that each House of Congress
should review its committee structure in light of the
reorganization of responsibilities within the executive
branch by the establishment of the Department.
Subtitle B--Transitional Provisions
SEC. 1511. 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 basis, provide services or
detail personnel to assist with the transition.
(c) Acting Officials.--(1) 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. While so acting, such officers shall
receive compensation at the higher of--
(A) the rates provided by this Act for the respective
offices in which they act; or
(B) the rates provided for the offices held at the time of
designation.
(2) Nothing in this Act shall be understood 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 agency is transferred to the Department pursuant to
this Act and whose duties following such transfer are germane
to those performed before such transfer.
(d) Transfer of Personnel, Assets, Obligations, and
Functions.--Upon the transfer of an agency to the
Department--
(1) the personnel, assets, and obligations 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 in accordance with the provisions of section
1531(a)(2) of title 31, United States Code; and
(2) the Secretary shall have all functions relating to the
agency that any other official could by law exercise in
relation to the agency immediately before such transfer, and
shall have in addition all functions vested in the Secretary
by this Act or other law.
(e) Prohibition on Use of Transportation Trust Funds.--
(1) In general.--Notwithstanding any other provision of
this Act, no funds derived from the Highway Trust Fund,
Airport and Airway Trust Fund, Inland Waterway Trust Fund, or
Harbor Maintenance Trust Fund, may be transferred to, made
available to, or obligated by the Secretary or any other
official in the Department.
(2) Limitation.--This subsection shall not apply to
security-related funds provided to the Federal Aviation
Administration for fiscal years preceding fiscal year 2003
for (A) operations, (B) facilities and equipment, or (C)
research, engineering, and development.
SEC. 1512. SAVINGS PROVISIONS.
(a) Completed Administrative Actions.--(1) 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) For purposes of paragraph (1), the term ``completed
administrative action'' 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. Statutory
reporting requirements that applied in relation to such an
agency immediately before the effective date of this Act
shall continue to apply following such transfer if they refer
to the agency by name.
(e) Employment Provisions.--(1) Notwithstanding the
generality of the foregoing (including subsections (a) and
(d)), in and for the Department the Secretary may, in
regulations prescribed jointly with the Director of the
Office of Personnel Management, adopt the rules, procedures,
terms, and conditions, established by statute, rule, or
regulation before the effective date of this Act, relating to
employment in any agency transferred to the Department
pursuant to this Act; and
(2) except as otherwise provided in this Act, or under
authority granted by this Act, the transfer pursuant to this
Act of personnel shall not alter the terms and conditions of
employment, including compensation, of any employee so
transferred.
(f) 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.
SEC. 1513. TERMINATIONS.
Except as otherwise provided in this Act, whenever all the
functions vested by law in any agency have been transferred
pursuant to 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. 1514. NATIONAL IDENTIFICATION SYSTEM NOT AUTHORIZED.
Nothing in this Act shall be construed to authorize the
development of a national identification system or card.
SEC. 1515. CONTINUITY OF INSPECTOR GENERAL OVERSIGHT.
Notwithstanding the transfer of an agency to the Department
pursuant to this Act, the Inspector General that exercised
oversight of such agency prior to such transfer shall
continue to exercise oversight of such agency during the
period of time, if any, between the transfer of such agency
to the Department pursuant to this Act and the appointment of
the Inspector General of the Department of Homeland Security
in accordance with section 103(b).
SEC. 1516. 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.
SEC. 1517. REFERENCE.
With respect to any function transferred by or under this
Act (including under a reorganization plan that becomes
effective under section 1502) and exercised on or after the
effective date of this Act, reference in any other Federal
law to any department, commission, or agency or any officer
or office the functions of which are so transferred shall be
deemed to refer to the Secretary, other official, or
component of the Department to which such function is so
transferred.
[[Page H8697]]
TITLE XVI--CORRECTIONS TO EXISTING LAW RELATING TO AIRLINE
TRANSPORTATION SECURITY
SEC. 1601. RETENTION OF SECURITY SENSITIVE INFORMATION
AUTHORITY AT DEPARTMENT OF TRANSPORTATION.
(a) Section 40119 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) by inserting ``and the Administrator of the Federal
Aviation Administration each'' after ``for Security''; and
(B) by striking ``criminal violence and aircraft piracy''
and inserting ``criminal violence, aircraft piracy, and
terrorism and to ensure security''; and
(2) in subsection (b)(1)--
(A) by striking ``, the Under Secretary'' and inserting
``and the establishment of a Department of Homeland Security,
the Secretary of Transportation'';
(B) by striking ``carrying out'' and all that follows
through ``if the Under Secretary'' and inserting ``ensuring
security under this title if the Secretary of
Transportation''; and
(C) in subparagraph (C) by striking ``the safety of
passengers in transportation'' and inserting ``transportation
safety''.
(b) Section 114 of title 49, United States Code, is amended
by adding at the end the following:
``(s) Nondisclosure of Security Activities.--
``(1) In general.--Notwithstanding section 552 of title 5,
the Under Secretary shall prescribe regulations prohibiting
the disclosure of information obtained or developed in
carrying out security under authority of the Aviation and
Transportation Security Act (Public Law 107-71) or under
chapter 449 of this title if the Under Secretary decides that
disclosing the information would--
``(A) be an unwarranted invasion of personal privacy;
``(B) reveal a trade secret or privileged or confidential
commercial or financial information; or
``(C) be detrimental to the security of transportation.
``(2) Availability of information to congress.--Paragraph
(1) does not authorize information to be withheld from a
committee of Congress authorized to have the information.
``(3) Limitation on transferability of duties.--Except as
otherwise provided by law, the Under Secretary may not
transfer a duty or power under this subsection to another
department, agency, or instrumentality of the United
States.''.
SEC. 1602. INCREASE IN CIVIL PENALTIES.
Section 46301(a) of title 49, United States Code, is
amended by adding at the end the following:
``(8) Aviation security violations.--Notwithstanding
paragraphs (1) and (2) of this subsection, the maximum civil
penalty for violating chapter 449 or another requirement
under this title administered by the Under Secretary of
Transportation for Security shall be $10,000; except that the
maximum civil penalty shall be $25,000 in the case of a
person operating an aircraft for the transportation of
passengers or property for compensation (except an individual
serving as an airman).''.
SEC. 1603. ALLOWING UNITED STATES CITIZENS AND UNITED STATES
NATIONALS AS SCREENERS.
Section 44935(e)(2)(A)(ii) of title 49, United States Code,
is amended by striking ``citizen of the United States'' and
inserting ``citizen of the United States or a national of the
United States, as defined in section 1101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22))''.
TITLE XVII--CONFORMING AND TECHNICAL AMENDMENTS
SEC. 1701. INSPECTOR GENERAL ACT OF 1978.
Section 11 of the Inspector General Act of 1978 (Public Law
95-452) is amended--
(1) by inserting ``Homeland Security,'' after
``Transportation,'' each place it appears; and
(2) by striking ``; and'' each place it appears in
paragraph (1) and inserting ``;'';
SEC. 1702. EXECUTIVE SCHEDULE.
(a) In General.--Title 5, United States Code, is amended--
(1) in section 5312, by inserting ``Secretary of Homeland
Security.'' as a new item after ``Affairs.'';
(2) in section 5313, by inserting ``Deputy Secretary of
Homeland Security.'' as a new item after ``Affairs.'';
(3) in section 5314, by inserting ``Under Secretaries,
Department of Homeland Security.'', ``Director of the Bureau
of Citizenship and Immigration Services.'' as new items after
``Affairs.'' the third place it appears;
(4) in section 5315, by inserting ``Assistant Secretaries,
Department of Homeland Security.'', ``General Counsel,
Department of Homeland Security.'', ``Officer for Civil
Rights and Civil Liberties, Department of Homeland
Security.'', ``Chief Financial Officer, Department of
Homeland Security.'', ``Chief Information Officer, Department
of Homeland Security.'', and ``Inspector General, Department
of Homeland Security.'' as new items after ``Affairs.'' the
first place it appears; and
(5) in section 5315, by striking ``Commissioner of
Immigration and Naturalization, Department of Justice.''.
(b) Special Effective Date.--Notwithstanding section 4, the
amendment made by subsection (a)(5) shall take effect on the
date on which the transfer of functions specified under
section 441 takes effect.
SEC. 1703. UNITED STATES SECRET SERVICE.
(a) In General.--(1) The United States Code is amended in
section 202 of title 3, and in section 3056 of title 18, by
striking ``of the Treasury'', each place it appears and
inserting ``of Homeland Security''.
(2) Section 208 of title 3, United States Code, is amended
by striking ``of Treasury'' each place it appears and
inserting ``of Homeland Security''.
(b) 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. 1704. COAST GUARD.
(a) Title 14, U.S.C.--Title 14, United States Code, is
amended in sections 1, 3, 53, 95, 145, 516, 666, 669, 673,
673a (as redesignated by subsection (e)(1)), 674, 687, and
688 by striking ``of Transportation'' each place it appears
and inserting ``of Homeland Security''.
(b) Title 10, U.S.C.--(1) Title 10, United States Code, is
amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1),
379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a),
671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888,
946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1),
1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a),
1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a),
1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c),
1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2),
1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f),
1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2),
2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578,
2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775,
2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b),
10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b),
10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304,
12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e),
16131(a), 16136(a), 16301(g), and 18501 by striking ``of
Transportation'' each place it appears and inserting ``of
Homeland Security''.
(2) Section 801(1) of such title 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''.
(3) Section 983(d)(2)(B) of such title is amended by
striking ``Department of Transportation'' and inserting
``Department of Homeland Security''.
(4) Section 2665(b) of such title is amended by striking
``Department of Transportation'' and inserting ``Department
in which the Coast Guard is operating''.
(5) Section 7045 of such title is amended--
(A) in subsections (a)(1) and (b), by striking
``Secretaries of the Army, Air Force, and Transportation''
both places it appears and inserting ``Secretary of the Army,
the Secretary of the Air Force, and the Secretary of Homeland
Security''; and
(B) in subsection (b), by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security''.
(6) Section 7361(b) of such title is amended in the
subsection heading by striking ``Transportation'' and
inserting ``Homeland Security''.
(7) Section 12522(c) of such title is amended in the
subsection heading by striking ``Transportation'' and
inserting ``Homeland Security''.
(c) Title 37, U.S.C.--Title 37, United States Code, is
amended in sections 101(5), 204(i)(4), 301a(a)(3), 306(d),
307(c), 308(a)(1), 308(d)(2), 308(f), 308b(e), 308c(c),
308d(a), 308e(f), 308g(g), 308h(f), 308i(e), 309(d), 316(d),
323(b), 323(g)(1), 325(i), 402(d), 402a(g)(1), 403(f)(3),
403(l)(1), 403b(i)(5), 406(b)(1), 417(a), 417(b), 418(a),
703, 1001(c), 1006(f), 1007(a), and 1011(d) by striking ``of
Transportation'' each place it appears and inserting ``of
Homeland Security''.
(d) Title 38, U.S.C.--Title 38, United States Code, is
amended in sections 101(25)(d), 1560(a), 3002(5),
3011(a)(1)(A)(ii)(I), 3011(a)(1)(A)(ii)(II),
3011(a)(1)(B)(ii)(III), 3011(a)(1)(C)(iii)(II)(cc),
3012(b)(1)(A)(v), 3012(b)(1)(B)(ii)(V), 3018(b)(3)(B)(iv),
3018A(a)(3), 3018B(a)(1)(C), 3018B(a)(2)(C), 3018C(a)(5),
3020(m), 3035(b)(2), 3035(c), 3035(d), 3035(e), 3680A(g), and
6105(c) by striking ``of Transportation'' each place it
appears and inserting ``of Homeland Security''.
(e) Other Defense-Related Laws.--(1) Section 363 of Public
Law 104-193 (110 Stat. 2247) is amended--
(A) in subsection (a)(1) (10 U.S.C. 113 note), by striking
``of Transportation'' and inserting ``of Homeland Security'';
and
(B) in subsection (b)(1) (10 U.S.C. 704 note), by striking
``of Transportation'' and inserting ``of Homeland Security''.
(2) Section 721(1) of Public Law 104-201 (10 U.S.C. 1073
note) is amended by striking ``of Transportation'' and
inserting ``of Homeland Security''.
(3) Section 4463(a) of Public Law 102-484 (10 U.S.C. 1143a
note) is amended by striking ``after consultation with the
Secretary of Transportation''.
(4) Section 4466(h) of Public Law 102-484 (10 U.S.C. 1143
note) is amended by striking ``of Transportation'' and
inserting ``of Homeland Security''.
(5) Section 542(d) of Public Law 103-337 (10 U.S.C. 1293
note) is amended by striking ``of Transportation'' and
inserting ``of Homeland Security''.
(6) Section 740 of Public Law 106-181 (10 U.S.C. 2576 note)
is amended in subsections (b)(2), (c), and (d)(1) by striking
``of Transportation'' each place it appears and inserting
``of Homeland Security''.
(7) Section 1407(b)(2) of the Defense Dependents' Education
Act of 1978 (20 U.S.C. 926(b)) is amended by striking ``of
Transportation'' both places it appears and inserting ``of
Homeland Security''.
[[Page H8698]]
(8) Section 2301(5)(D) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6671(5)(D)) is amended by
striking ``of Transportation'' and inserting ``of Homeland
Security''.
(9) Section 2307(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6677(a)) is amended by
striking ``of Transportation'' and inserting ``of Homeland
Security''.
(10) Section 1034(a) of Public Law 105-85 (21 U.S.C.
1505a(a)) is amended by striking ``of Transportation'' and
inserting ``of Homeland Security''.
(11) The Military Selective Service Act is amended--
(A) in section 4(a) (50 U.S.C. App. 454(a)), by striking
``of Transportation'' in the fourth paragraph and inserting
``of Homeland Security'';
(B) in section 4(b) (50 U.S.C. App. 454(b)), by striking
``of Transportation'' both places it appears and inserting
``of Homeland Security'';
(C) in section 6(d)(1) (50 U.S.C. App. 456(d)(1)), by
striking ``of Transportation'' both places it appears and
inserting ``of Homeland Security'';
(D) in section 9(c) (50 U.S.C. App. 459(c)), by striking
``Secretaries of Army, Navy, Air Force, or Transportation''
and inserting ``Secretary of a military department, and the
Secretary of Homeland Security with respect to the Coast
Guard,''; and
(E) in section 15(e) (50 U.S.C. App. 465(e)), by striking
``of Transportation'' both places it appears and inserting
``of Homeland Security''.
(f) Technical Correction.--(1) Title 14, United States
Code, is amended by redesignating section 673 (as added by
section 309 of Public Law 104-324) as section 673a.
(2) The table of sections at the beginning of chapter 17 of
such title is amended by redesignating the item relating to
such section as section 673a.
(g) Effective Date.--The amendments made by this section
(other than subsection (f)) shall take effect on the date of
transfer of the Coast Guard to the Department.
SEC. 1705. 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
(Public Law 107-188; 42 U.S.C. 300hh-12) 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'' between ``in coordination with'' and ``the
Secretary of Veterans Affairs''; 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. 1706. TRANSFER OF CERTAIN SECURITY AND LAW ENFORCEMENT
FUNCTIONS AND AUTHORITIES.
(a) Amendment to Title 40.--Section 581 of title 40, United
States Code, is amended--
(1) by striking subsection (a); and
(2) in subsection (b)--
(A) by inserting ``and'' after the semicolon at the end of
paragraph (1);
(B) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
(C) by striking paragraph (3).
(b) Law Enforcement Authority.--
(1) In general.--Section 1315 of title 40, United States
Code, is amended to read as follows:
``Sec. 1315. Law enforcement authority of Secretary of
Homeland Security for protection of public property
``(a) In General.--To the extent provided for by transfers
made pursuant to the Homeland Security Act of 2002, the
Secretary of Homeland Security (in this section referred to
as the `Secretary') shall protect the buildings, grounds, and
property that are owned, occupied, or secured by the Federal
Government (including any agency, instrumentality, or wholly
owned or mixed-ownership corporation thereof) and the persons
on the property.
``(b) Officers and Agents.--
``(1) Designation.--The Secretary may designate employees
of the Department of Homeland Security, including employees
transferred to the Department from the Office of the Federal
Protective Service of the General Services Administration
pursuant to the Homeland Security Act of 2002, as officers
and agents for duty in connection with the protection of
property owned or occupied by the Federal Government and
persons on the property, including duty in areas outside the
property to the extent necessary to protect the property and
persons on the property.
``(2) Powers.--While engaged in the performance of official
duties, an officer or agent designated under this subsection
may--
``(A) enforce Federal laws and regulations for the
protection of persons and property;
``(B) carry firearms;
``(C) make arrests without a warrant for any offense
against the United States committed in the presence of the
officer or agent or for any felony cognizable under the laws
of the United States if the officer or agent has reasonable
grounds to believe that the person to be arrested has
committed or is committing a felony;
``(D) serve warrants and subpoenas issued under the
authority of the United States; and
``(E) conduct investigations, on and off the property in
question, of offenses that may have been committed against
property owned or occupied by the Federal Government or
persons on the property.
``(F) carry out such other activities for the promotion of
homeland security as the Secretary may prescribe.
``(c) Regulations.--
``(1) In general.--The Secretary, in consultation with the
Administrator of General Services, may prescribe regulations
necessary for the protection and administration of property
owned or occupied by the Federal Government and persons on
the property. The regulations may include reasonable
penalties, within the limits prescribed in paragraph (2), for
violations of the regulations. The regulations shall be
posted and remain posted in a conspicuous place on the
property.
``(2) Penalties.--A person violating a regulation
prescribed under this subsection shall be fined under title
18, United States Code, imprisoned for not more than 30 days,
or both.
``(d) Details.--
``(1) Requests of agencies.--On the request of the head of
a Federal agency having charge or control of property owned
or occupied by the Federal Government, the Secretary may
detail officers and agents designated under this section for
the protection of the property and persons on the property.
``(2) Applicability of regulations.--The Secretary may--
``(A) extend to property referred to in paragraph (1) the
applicability of regulations prescribed under this section
and enforce the regulations as provided in this section; or
``(B) utilize the authority and regulations of the
requesting agency if agreed to in writing by the agencies.
``(3) Facilities and services of other agencies.--When the
Secretary determines it to be economical and in the public
interest, the Secretary may utilize the facilities and
services of Federal, State, and local law enforcement
agencies, with the consent of the agencies.
``(e) Authority Outside Federal Property.--For the
protection of property owned or occupied by the Federal
Government and persons on the property, the Secretary may
enter into agreements with Federal agencies and with State
and local governments to obtain authority for officers and
agents designated under this section to enforce Federal laws
and State and local laws concurrently with other Federal law
enforcement officers and with State and local law enforcement
officers.
``(f) Secretary and Attorney General Approval.--The powers
granted to officers and agents designated under this section
shall be exercised in accordance with guidelines approved by
the Secretary and the Attorney General.
``(g) Limitation on Statutory Construction.--Nothing in
this section shall be construed to--
``(1) preclude or limit the authority of any Federal law
enforcement agency; or
``(2) restrict the authority of the Administrator of
General Services to promulgate regulations affecting property
under the Administrator's custody and control.''.
(2) Delegation of authority.--The Secretary may delegate
authority for the protection of specific buildings to another
Federal agency where, in the Secretary's discretion, the
Secretary determines it necessary for the protection of that
building.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 13 of title 40, United States Code, is
amended by striking the item relating to section 1315 and
inserting the following:
``1315. Law enforcement authority of Secretary of Homeland Security for
protection of public property.''.
SEC. 1707. TRANSPORTATION SECURITY REGULATIONS.
Title 49, United States Code, is amended--
(1) in section 114(l)(2)(B), by inserting ``for a period
not to exceed 90 days'' after ``effective''; and
(2) in section 114(l)(2)(B), by inserting ``ratified or''
after ``unless''.
SEC. 1708. 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. 1709. COLLABORATION WITH THE SECRETARY OF HOMELAND
SECURITY.
(a) Department of Health and Human Services.--The second
sentence of section 351A(e)(1) of the Public Health Service
Act (42 U.S.C. 262A(e)(1)) is amended by striking
``consultation with'' and inserting ``collaboration with the
Secretary of Homeland Security and''.
(b) Department of Agriculture.--The second sentence of
section 212(e)(1) of the Agricultural Bioterrorism Protection
Act of 2002 (7 U.S.C. 8401) is amended by striking
``consultation with'' and inserting ``collaboration with the
Secretary of Homeland Security and''.
[[Page H8699]]
SEC. 1710. RAILROAD SAFETY TO INCLUDE RAILROAD SECURITY.
(a) Investigation and Surveillance Activities.--Section
20105 of title 49, United States Code, is amended--
(1) by striking ``Secretary of Transportation'' in the
first sentence of subsection (a) and inserting ``Secretary
concerned'';
(2) by striking ``Secretary'' each place it appears (except
the first sentence of subsection (a)) and inserting
``Secretary concerned'';
(3) by striking ``Secretary's duties under chapters 203-213
of this title'' in subsection (d) and inserting ``duties
under chapters 203-213 of this title (in the case of the
Secretary of Transportation) and duties under section 114 of
this title (in the case of the Secretary of Homeland
Security)'';
(4) by striking ``chapter.'' in subsection (f) and
inserting ``chapter (in the case of the Secretary of
Transportation) and duties under section 114 of this title
(in the case of the Secretary of Homeland Security).''; and
(5) by adding at the end the following new subsection:
``(g) Definitions.--In this section--
``(1) the term `safety' includes security; and
``(2) the term `Secretary concerned' means--
``(A) the Secretary of Transportation, with respect to
railroad safety matters concerning such Secretary under laws
administered by that Secretary; and
``(B) the Secretary of Homeland Security, with respect to
railroad safety matters concerning such Secretary under laws
administered by that Secretary.''.
(b) Regulations and Orders.--Section 20103(a) of such title
is amended by inserting after ``1970.'' the following: ``When
prescribing a security regulation or issuing a security order
that affects the safety of railroad operations, the Secretary
of Homeland Security shall consult with the Secretary.''.
(c) National Uniformity of Regulation.--Section 20106 of
such title is amended--
(1) by inserting ``and laws, regulations, and orders
related to railroad security'' after ``safety'' in the first
sentence;
(2) by inserting ``or security'' after ``safety'' each
place it appears after the first sentence; and
(3) by striking ``Transportation'' in the second sentence
and inserting ``Transportation (with respect to railroad
safety matters), or the Secretary of Homeland Security (with
respect to railroad security matters),''.
SEC. 1711. HAZMAT SAFETY TO INCLUDE HAZMAT SECURITY.
(a) General Regulatory Authority.--Section 5103 of title
49, United States Code, is amended--
(1) by striking ``transportation'' the first place it
appears in subsection (b)(1) and inserting ``transportation,
including security,'';
(2) by striking ``aspects'' in subsection (b)(1)(B) and
inserting ``aspects, including security,''; and
(3) by adding at the end the following:
``(C) Consultation.--When prescribing a security regulation
or issuing a security order that affects the safety of the
transportation of hazardous material, the Secretary of
Homeland Security shall consult with the Secretary.''.
(b) Preemption.--Section 5125 of that title is amended--
(1) by striking ``chapter or a regulation prescribed under
this chapter'' in subsection (a)(1) and inserting ``chapter,
a regulation prescribed under this chapter, or a hazardous
materials transportation security regulation or directive
issued by the Secretary of Homeland Security'';
(2) by striking ``chapter or a regulation prescribed under
this chapter.'' in subsection (a)(2) and inserting ``chapter,
a regulation prescribed under this chapter, or a hazardous
materials transportation security regulation or directive
issued by the Secretary of Homeland Security.''; and
(3) by striking ``chapter or a regulation prescribed under
this chapter,'' in subsection (b)(1) and inserting ``chapter,
a regulation prescribed under this chapter, or a hazardous
materials transportation security regulation or directive
issued by the Secretary of Homeland Security,''.
SEC. 1712. OFFICE OF SCIENCE AND TECHNOLOGY POLICY.
The National Science and Technology Policy, Organization,
and Priorities Act of 1976 is amended--
(1) in section 204(b)(1) (42 U.S.C. 6613(b)(1)), by
inserting ``homeland security,'' after ``national
security,''; and
(2) in section 208(a)(1) (42 U.S.C. 6617(a)(1)), by
inserting ``the Office of Homeland Security,'' after
``National Security Council,''.
SEC. 1713. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.
Section 7902(b) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(13) The Under Secretary for Science and Technology of
the Department of Homeland Security.
``(14) Other Federal officials the Council considers
appropriate.''.
SEC. 1714. CLARIFICATION OF DEFINITION OF MANUFACTURER.
Section 2133(3) of the Public Health Service Act (42 U.S.C.
300aa-33(3)) is amended--
(1) in the first sentence, by striking ``under its label
any vaccine set forth in the Vaccine Injury Table'' and
inserting ``any vaccine set forth in the Vaccine Injury
table, including any component or ingredient of any such
vaccine''; and
(2) in the second sentence, by inserting ``including any
component or ingredient of any such vaccine'' before the
period.
SEC. 1715. CLARIFICATION OF DEFINITION OF VACCINE-RELATED
INJURY OR DEATH.
Section 2133(5) of the Public Health Service Act (42 U.S.C.
300aa-33(5)) is amended by adding at the end the following:
``For purposes of the preceding sentence, an adulterant or
contaminant shall not include any component or ingredient
listed in a vaccine's product license application or product
label.''.
SEC. 1716. CLARIFICATION OF DEFINITION OF VACCINE.
Section 2133 of the Public Health Service Act (42 U.S.C.
300aa-33) is amended by adding at the end the following:
``(7) The term `vaccine' means any preparation or
suspension, including but not limited to a preparation or
suspension containing an attenuated or inactive microorganism
or subunit thereof or toxin, developed or administered to
produce or enhance the body's immune response to a disease or
diseases and includes all components and ingredients listed
in the vaccines's product license application and product
label.''.
SEC. 1717. EFFECTIVE DATE.
The amendments made by sections 1714, 1715, and 1716 shall
apply to all actions or proceedings pending on or after the
date of enactment of this Act, unless a court of competent
jurisdiction has entered judgment (regardless of whether the
time for appeal has expired) in such action or proceeding
disposing of the entire action or proceeding.
The SPEAKER pro tempore. Pursuant to House Resolution 600, the
gentleman from Texas (Mr. Armey) and, without objection, the gentleman
from California (Mr. Waxman) each will control 30 minutes.
There was no objection.
The SPEAKER pro tempore. The Chair recognizes the gentleman from
Texas (Mr. Armey).
General Leave
Mr. ARMEY. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on H.R. 5710 and to insert extraneous material.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. ARMEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, what we are doing now is revisiting the issue of
homeland defense. You will recall, Mr. Speaker, that in June the
President challenged Congress to pass such a bill, and we went to work
on it with a select committee appointed by the Speaker and the minority
leader. On July 23 of this year the House passed H.R. 5005 by a vote of
295 to 132, more than two-thirds of the House.
Mr. Speaker, since that time we have waited upon the other body in
terms of our hopes to have this work completed, and just last Friday
the President again challenged Congress to work on this bill. During
this period of time, from last Friday until today, we have had
extensive consultation between Members of this body on the select
committee, the committee of jurisdiction, the President, Members of the
other body, and all of the committees that have jurisdiction on this
bill.
In light of some of the concerns that we knew were fairly well known
to us on the other side of the building, we were able to very quickly
move through those issues that still remain, fully vet them with all
interested parties, including the committees of jurisdiction in both
bodies, and work out what we believe will be in the form of the bill
before us right now a bill that can comfortably pass both bodies and be
sent to the President for signature.
I should mention, Mr. Speaker, that this bill is essentially the same
bill that was passed by the House of Representatives last July. There
have been a few modifications that have been made to the bill but
nothing that has not been fully vetted with the committees of
jurisdiction and little that Members of this body will find
objectionable.
Mr. Speaker, I reserve the balance of my time.
Mr. WAXMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I agree we need homeland security legislation. It is
clear that the Federal Departments are not working together as they
should to protect our Nation. Unfortunately, the bill that we are
considering today has serious flaws. In fact, I think it may cause more
problems than it solves.
I want to show two charts to this body. Here is how our homeland
security agencies are organized today. This
[[Page H8700]]
one right here. You can see all the different Departments. And the next
chart over here is how they will be organized after the new Department
is created. We are getting more bureaucracy. We are doing so at a
tremendous cost to the taxpayer.
According to the Congressional Budget Office, just creating and
managing the new Department will cost $4.5 billion, and this does not
include any additional spending to make our Nation more secure against
terrorist attacks. This bill gives the new Department a vast array of
responsibilities that have nothing to do with homeland security, such
as administering the national flood insurance program and cleaning up
oil spills.
This bloats the size of the bureaucracy and dilutes the Department's
counterterrorism mission. At the same time, the bill has no effective
mechanism to coordinate the activities of the new Department with those
of the FBI and the CIA and the other agencies that continue to have
major homeland security functions.
I opposed this bill when it was before the House in July. I had hoped
that it would be improved by a deliberative process before it was
brought back for final passage, but instead we were given a massive new
bill this morning that is being rushed through the House with no
opportunity for deliberation and amendment. We do not even know the
full implications of what we are doing in this bill.
Now, I want to talk about one of the hidden provisions we found
buried in this massive bill today. Section 304 severely restricts the
abilities of persons killed or injured by the small pox vaccine to
receive any form of compensation. In fact, if you do not take the
vaccine, but are disfigured or blinded because of your contact with
someone who did, your ability to receive compensation is severely
curtailed. Now think about this for a minute. This was not in the
House-passed bill. This was not in the bill considered on the Senate
floor. Suddenly this bill appears with this provision in it.
Now, I authored the vaccine compensation system that compensates
children who may be injured when they get a vaccine where there is a
bad result. But what we are saying in this hidden provision in the fine
print is if you are hurt, you are out of luck. The vaccine manufacturer
is going to be protected. The vaccine manufacturer for all practical
purposes is going to be immune from liability.
Now this may be a legitimate decision on which we can have a
disagreement, but I would feel differently had it been brought up
honestly, up front, debated. I cannot believe that more than 10 people
in the Congress even know that this provision is in the bill to create
a Department of Homeland Security. I feel that this is a special
interest provision and should not have been brought up in this
particular way.
Another new provision reverses the policy adopted overwhelmingly by
the House that prohibited the new Department from contracting with
expatriate companies that have fled the United States to avoid paying
their taxes. There was an overwhelming vote in the House, a bipartisan
vote, to say to those companies that fled this Nation to act as if they
are a foreign nation so they would not have to pay taxes would not be
permitted to contract with the Department of Homeland Security. Well,
now we got this bill and that provision is missing.
Moreover, the most egregious special interest provisions from the
House bill remain in this legislation. The bill gives immunity to
companies that make faulty bomb detectors, gas masks, or other homeland
security products even if they engage in intentional wrong doing. Can
you imagine that? The bill also allows large campaign contributors to
lobby the new Department for special favors in absolute secret. We used
to have a Freedom of Information Act that could get this information
out before the public, and now we have a new exception created to the
Freedom of Information Act that would allow these secret negotiations.
While the fine print of the bill contains loopholes and special
amenities for corporate America, Federal workers take it on the chin.
Their right to engage in collective bargaining is eliminated. They are
no longer guaranteed the right to appeal grievances to the Merit System
Protection Board.
I do not know what we are thinking. This new Department, this new
bureaucracy will not work without dedicated Federal workers. Yet this
bill treats them like second-class citizens, and this bill also rebuffs
the families of the victims of September 11. All they asked for was an
independent commission to examine what happened on September 11. But
although this commission won overwhelming bipartisan support in the
Senate, it was suddenly dropped from the bill.
There is an old adage that those who do not remember the past are
condemned to repeat it, but that is what we are doing today. The
Department of Energy was created 25 years ago, and it is still
dysfunctional. The Department of Transportation was created 35 years
ago, but it still has major structural problems; and it took nearly 40
years for the reorganization of the Department of Defense to work.
When we consider a bill like this, there is a temptation to ignore
the defects and just vote for it; and perhaps, most likely, that is
what will happen tonight. But voting against this bill could be
politically damaging sometime in the future. But some things are more
important than politics. Genuinely enhancing our national security is
more important than politics, and getting this bill right is more
important than politics.
Mr. Speaker, we should come back next year and make sure we create
this new Department in the best way possible.
Mr. Speaker, I reserve the balance of my time.
Mr. ARMEY. Mr. Speaker, I yield 2 minutes to the gentleman from Texas
(Mr. Thornberry), an early leader in the effort to create such a
Department as this.
Mr. THORNBERRY. Mr. Speaker, I thank the majority leader for yielding
me time, and I thank him for his work on this measure. It may well be
his most important contribution to the safety and security of his
grandchildren. I also want to appreciate the staff who have worked so
long and hard to make this possible.
Mr. Speaker, having worked on this issue for close to 2 years, I have
had many doubts that it would ever come to this point; but now I
believe it will happen.
{time} 1845
This is not a perfect bill, and it is relatively easy for me and
others to find fault, ways that we wish it would be different. But all
of those individual differences we may have with provisions are no
competition in my mind to the fact that time is slipping by. If we do
not do it this week, we are at least 3 months further along, 3 months
during which our enemies are plotting and planning against us, more
time during which we are not as prepared as we could and should be,
more months where we are not making preparations to protect ourselves.
Time is a critical factor. Just yesterday we had another threat, and
whether it is bin Laden's voice or not, it is clear it is someone who
intends to kill more Americans. He is very explicit in the threat. We
cannot sit by and have differences over this provision or that
provision keep us from acting.
Mr. Speaker, organizational reform is no panacea. It does not solve
all of the problems with the FBI or the CIA. It does not do everything,
but what it can do is take 22 agencies, existing agencies that are
scattered around the government, bring them together under one chain of
command so we can actually work together as a team and make things
happen.
That does not mean it solves all of our problems, but it is an
important step. It does not create more bureaucracy, it tries to get a
handle on the bureaucracy we have and make it work more effectively. It
is an important step for us to take tonight. Hopefully the other body
will follow suit and the President can sign it into law so we can begin
to make this country safer.
Mr. WAXMAN. Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from
Ohio (Mr. Kucinich), a very important member of our committee.
Mr. KUCINICH. Mr. Speaker, I want to thank the gentleman from
California (Mr. Waxman) for the time he has spent in pointing out that
this reorganization really has not made the case that America is going
to be safer once this bill passes. As a matter of fact, as the
gentleman points out,
[[Page H8701]]
there is good reason to believe that a reorganization that will take at
least 10 years and possibly more would cause a delay in real measures
that could be taken to make this country somewhat safer. The American
people want to feel safer; and 12,000 people in the last year were
killed by handguns. This bill will not help them. Nor will it help the
thousands of other Americans who die of violent crimes each year in
this country.
What we have here is a paradoxical condition where the party which
has gained the trust and support of the American people because of
their challenge to big government suddenly becomes the party of big
government advocating big government without really big services, big
costs without big benefits, big security promises without big
protections.
Americans ought to be concerned that we have the largest government
department being created here in years without any indication as to how
long the people of this country are going to have to wait to be safer.
So what is the alternative? One immediate alternative would be to
provide more funds for local law enforcement. Every one of us knows
that inevitably law enforcement in this country falls to the
responsibility of the people at the local level. They know the
communities. That is where we ought to be putting the billions of
dollars that are going into creating a new bureaucracy.
There are a few other issues. Public safety depends on truth telling,
exposing bureaucratic failings and busting cover-ups. The truth tellers
are civil servants who blow the whistle, and in the largest Federal
agency of all time being created today surely there are whistles to be
blown, but this bill has dropped the protections. Our committee sat
hours on end trying to ensure protections for whistleblowers. We passed
the protections out of committee. They were stripped out of the bill.
Today if someone blows the whistle, is legally fired, they will not
be able to get their job back or receive damages for unlawful firing.
Whistleblower protection is critical for homeland security; without
such protections, this bill fails.
In addition to that, we are talking about creating 22 different
agencies into one large entity. That does not constitute efficient and
effective government. I urge Members to vote no.
Before I conclude, the gentleman from California (Mr. Waxman) pointed
out something about section 304(c) of the bill. I received a note from
the American Association of Physicians and Surgeons, and they raise
serious questions about the Secretary having unlimited power to define
a real or potential threat to take any measures he decides, or to do it
for as long as he wants. These are questions which have been raised
about the administration of countermeasures against smallpox, will
there be quarantines for smallpox immunizations, the definition of a
bioterrorist incident. The American people need to know if this
legislation is going to result in millions of Americans being forced to
take smallpox immunizations and not having any legal protections if
they are injured by those vaccinations.
Mr. ARMEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Weldon), an extremely well-informed member of our
Committee on Armed Services.
(Mr. WELDON of Pennsylvania asked and was given permission to revise
and extend his remarks.)
Mr. WELDON of Pennsylvania. Mr. Speaker, the only tragedy in this
debate is it has taken us 12 months after 9/11 to move on organizing
our homeland security and 5 months after the President challenged us
with a plan to bring together 22 agencies with 170,000 employees and a
$38 billion budget.
The only tragedy is we passed this in June and here we are today
finally getting around to doing the job of the American people. This
may not be a perfect plan, but I can guarantee this is better than what
we had before 9/11, and even what we have today. It addresses the issue
of coordinating our intelligence.
In fact, one of the four key components of this new agency is
something we in Congress called for in 1999 and 2000 and which the
administration back then looked at us and laughed. It is required in
this plan to have a coordination of intelligence and data fusion. This
plan provides for support for our first responders. In fact, for the
first time, the President has called for $3.5 billion of new money to
support local emergency responders, police, fire, and EMS. It provides
for transportation security and the transfer of technology and the
research necessary to understand emerging threats like chemical and
biological weapons.
This new piece of legislation finally implements a program that we
paid for back in 1997 to use our satellites above to detect wildland
fires so we can go into those areas of the West and deal with them
immediately. That should have been done 5 years ago. This plan provides
for that through a provision that was added in the final conference.
Mr. Speaker, I think of the firefighters across America who to this
day cannot communicate with each other because they are on different
frequencies, and we say we want more time. They do not have more time.
The time to pass this bill is tonight. Hopefully it will pass with
overwhelming bipartisan support, and then we will take the next step,
and the next step is to deal with the oversight jurisdiction, and that
is the role of the Congress.
Mr. WAXMAN. Mr. Speaker, I yield 4 minutes to the gentleman from
Illinois (Mr. Davis), the ranking member of the Subcommittee on Civil
Service, Census, and Agency Organization.
Mr. DAVIS of Illinois. Mr. Speaker, I am pleased to see homeland
security under serious consideration, but as a member of the
Subcommittee on Civil Service, Census and Agency Organization, as one
who has looked closely at this legislation, I am very concerned about
provisions in this proposal that would grant the Secretary of the
Department of Homeland Security and the Director of Personnel
Management blanket authority to set pay and other conditions of
employment without regard to existing civil service rules and
protections.
As a matter of fact, passage of this bill could in fact diminish or
take away hard-won worker rights and protections that it has taken
years and years of blood, sweat and tears to achieve. This bill which
purports to be a compromise would permit administration officials to
completely disregard civil service laws in hiring, firing, promoting
and setting pay for more than 170,000 employees from 22 agencies that
will make up the new agency.
Today these employees are not subject to the whims of agency
officials when it comes to their pay promotions and collective
bargaining rights, but tomorrow they could be. While this compromise
legislation may be a victory for the President, it is a defeat for the
men and women who go to work every day to serve and protect their
country. Many of us have fought to develop and promote safeguards for
small businesses and small business development. I am also disappointed
that a provision that would have ensured that small businesses were
considered and included in contracts awarded by the new department was
omitted from the bill.
A provision that would have established an Office of Small Business
and Disadvantaged Business Utilization in the Department of Homeland
Security was included in the original bill passed by the House but has
been excluded from this bill.
Federal workers, small and disadvantaged businesses, and real
compromise have all fallen victim to the imbalance of power that looms
ahead in the legislative and executive branches of government. Passage
of this bill will cause insecurity among workers and small business
owners as they see themselves set back in the name of homeland
security. I urge my colleagues to oppose this legislation and vote no.
Mr. ARMEY. Mr. Speaker, I yield 3 minutes to the gentleman from
Wisconsin (Mr. Sensenbrenner), chairman of the Committee on the
Judiciary, a committee of jurisdiction.
Mr. SENSENBRENNER. Mr. Speaker, the most important part of this bill
is its dismantling of the dysfunctional Immigration and Naturalization
Service. The bill abolishes the agency and separates immigration
enforcement from immigration services, the key to reform.
The immigration enforcement half of the INS becomes the Bureau of
Border Security in the Directorate of Border and Transportation
Security. The head
[[Page H8702]]
of the enforcement bureau, the Assistant Secretary, will report to the
Under Secretary of Border and Transportation Security and must have 5
years of law enforcement experience and 5 years of management
experience. This work experience requirement will ensure that
immigration enforcement is headed by someone with the expertise to
enforce our immigration laws. The separation of this function from
immigration services will allow the Assistant Secretary to focus on a
single mission.
As current events have shown with the July 4 Los Angeles Airport
shooter, Lee Malvo, and other recent alien criminals who have been
released by the INS, an unencumbered immigration enforcement unit is
long overdue.
The equally important immigration services half of the INS becomes
the Bureau of Citizenship and Immigration Services apart from other DHS
components. The Director of the services bureau reports directly to the
Deputy Secretary of Homeland Security. This will ensure that
immigration services receives the attention and resources that it
needs, and that it will not be forgotten and neglected in a department
otherwise devoted to fighting terrorism. Our government must remain
welcoming to immigrants who follow our laws.
In addition, the bill requires separate budgets and accounts for the
immigration services and enforcement bureaus so that each bureau
receives all of its designated money and no poaching occurs, as has
been known to happen between the two components in the current INS.
While the bill permits the President to consolidate components within
the two bureaus to make them more efficient, it prohibits the President
from merging the two bureaus back into one agency. This should ensure
that the INS as we know it is history and our years-long effort to
restructure this failed agency will be accomplished.
Mr. Speaker in addition to the monumental immigration and border
security reforms contained in this bill, this legislation will
profoundly affect Federal law enforcement. This legislation moves the
Secret Service, Customs Service, Coast Guard, Border Patrol, Office of
Domestic Preparedness, Federal Law Enforcement Training Center, and
other law enforcement functions into the DHS.
{time} 1900
At its core, homeland security is a law enforcement function, and law
enforcement should be the predominant role. The Committee on the
Judiciary will closely follow the integration of these important law
enforcement entities to make sure they have the support and authority
that they need to protect the country from terrorism and other criminal
enterprises.
Finally, this legislation moves the law enforcement function of the
Bureau of Alcohol, Tobacco, and Firearms to the Department of Justice
as a distinct entity and makes important changes to the way we enforce
explosives law and regulations.
I urge the membership to support this bill.
Mr. WAXMAN. Mr. Speaker, I am pleased to yield 4\1/2\ minutes to the
gentleman from Virginia (Mr. Moran).
Mr. MORAN of Virginia. I thank the very distinguished ranking member
of the Committee on Government Reform for yielding me this time.
Mr. Speaker, I rise in opposition to this legislation on several
grounds. Up until now, this proposal has been heavy on message but
troubling in its substance. Unlike the rhetoric, approval of this
legislation will have some real consequences for the Federal agencies
we are about to reshuffle, the 170,000 Federal employees who work for
these affected agencies, and the American people.
Its origins are telling. You may recall that the Office of Homeland
Security was created by an executive order on October 8, 2001.
Unfortunately its director, Governor Ridge, was barred by the President
from testifying before Congress, overruled in White House councils, and
preempted by more powerful Cabinet members. Then as public opinion
began to sour against an administration that refused to even let
Governor Ridge testify in public before the Congress, the
administration reversed itself and after some reshuffling of Federal
agencies on chalkboards in the basement of the White House, the
administration proposed the creation of the Department of Homeland
Defense.
It is a clever proposal, but it is not the solution. We are in a war
against a new and deadly threat, and we need the resources abroad both
for our diplomats to build alliances and for our armed services to
prosecute this war. And at home we need the resources to protect our
citizens. If we were serious about this threat, we would see a budget.
But we just passed another continuing resolution that keeps everything
funded at spending levels that were proposed and approved more than 18
months ago, a budget developed before September 11, 2001.
Where is the money for first responders? $2.6 billion is what is
needed and what the President's party just voted against this
afternoon. Where is the money for the Transportation Security
Administration, which assumed responsibility for airport security in
just 6 days, on November 19? Where is the money to improve border
security or hire more FBI agents? It is not there because we have not
passed the fiscal 2003 appropriation bills, as the gentleman from
California (Mr. Waxman) has made clear.
Instead, we are now considering a proposal to incorporate 22 existing
Federal agencies and transfer more than 170,000 Federal employees. I am
not sure that consolidating Federal agencies is sufficient to address
the challenges that confront us. The difficulty in stitching together
vast and disparate organizational cultures has overwhelmed some of the
best CEOs in the private sector. It is a process that most CEOs will
tell you takes years to complete and more resources than previously
assumed. CBO estimates it will take 5 to 10 years to get this new
agency up and running. This effort is going to divert us from the
important task of protecting this Nation from possible future attacks.
It may strengthen the lines of communication and accountability, but it
does not provide the resources to get the job done.
The bipartisan Commission on National Security found that the Customs
Service, the Border Patrol, and the Coast Guard were all on the verge
of being overwhelmed by a mismatch between their growing duties and
their mostly static resources. There are less than 7,000 customs
inspectors and 619 canine officers to screen thousands of cargo
containers and hundreds of thousands of vehicles entering the United
States every day. Historically, most of these agencies have been
starved of the resources they need to effectively carry out their
mission. With 170,000 civil servants, they are going to have difficulty
establishing a coherent and effective mission.
To be successful, we need to offer superior resources, equipment, and
training. The workforce has to be given the incentive and expectation
to improve performance. At a minimum, the new Department ought to be
able to offer its employees pay parity and benefits. These adjustments
are certain to add additional costs.
So why is the White House not asking for passage of the 2003 budget?
That is what the White House ought to be asking us to do. The only
response we have heard is that this reshuffling of agencies is going to
be budget neutral.
It raises more questions than it answers. How are the agencies going
to respond to programs that have nothing to do with homeland security?
The Coast Guard's role in maritime safety and FEMA's role in national
disasters are just a couple of examples. The CIA, the FBI and other
intelligence agencies, they are the ones that are going to be gathering
data. There is no access to raw data that these intelligence agencies
monitor on the part of the Department of Homeland Security.
I do not think this is a good proposal. It ought to be opposed. We
ought to come up with something better, and we ought to give what is
better the resources necessary to carry out their function.
Mr. ARMEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California (Mrs. Tauscher), an original sponsor of this bill and one of
the early innovators in the notion of homeland security.
Mrs. TAUSCHER. Mr. Speaker, I rise in support of this bill. This
legislation is not perfect, but we must streamline the current
bureaucracy if we are going
[[Page H8703]]
to protect the American people. I have been working for more than a
year to create a Cabinet-level Department of Homeland Security. I would
like to applaud the gentleman from Texas (Mr. Thornberry) for his
prescient knowledge about this issue and for taking the Hart-Rudman
report 6 months before September 11 and crafting good legislation that
we could follow.
This legislation today accomplishes that by bringing together the
homeland security components of our government, including the national
laboratories, Coast Guard, Border Patrol, and first responders. I am
glad that this bill gives the TSA flexibility to allow larger airports
like Oakland, San Francisco, San Jose and Sacramento more time to
configure their explosive detection systems. This will save commuters
from long lines and ensure that limited resources are being spent on
the best equipment available. I also support the extension of war risk
insurance for the aviation industry that is included in this bill.
To those that claim that this bill will only create a bigger
government, I say this is not about making more bureaucracy, this is
about making the bureaucracy work better. To those that think it is far
from perfect, I say, I agree. I am concerned that this bill does not
create a center to analyze intelligence inside the new agency. And I am
deeply concerned that this bill could allow the President to weaken the
labor protections of civil service employees. But this bill is just a
starting point, and I am committed to work to fix these issues.
We must take this important step toward coordinating the dozens of
government agencies responsible for fighting terrorism. Just as we must
transform our military to be lighter, faster and more lethal at the
time of asymmetrical threats, we must transform this Federal
bureaucracy to be more responsive to threats to the homeland.
I urge my colleagues to support this bill, and I urge this Congress
to continue to work to cure this bill.
Mr. WAXMAN. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Ohio (Mrs. Jones).
Mrs. JONES of Ohio. Mr. Speaker, I thank the gentleman for yielding
me this time. Who could be against homeland security? I guess anybody
out there in the public would want to know why should there even be a
debate about what we do about homeland security. But the reality is
that all of us are for homeland security. The question is how do we get
there. That is what this debate is all about.
About 2 weeks ago I participated in a debate on homeland security at
Case Western Reserve University in my congressional district. On the
panel with me was a gentleman from GAO and a professor who has looked
over departments and consolidation over the years. One of the things
that the professor raised was the fact that even with this new
Department of Homeland Security, there are going to be so many more
responsibilities placed on local governments, at the State level, at
the county level, at the Federal level. And in this bill, though it is
presumed that it is, there are not dollars there to support these local
agencies to do that job.
When I think about it, and we thought about it in the session, if
something happens in Cleveland, Ohio, I am not going to call the FBI; I
am going to call 911, and 911 is going to call the Cleveland Police
Department. But in this legislation, I do not believe there is adequate
increase of dollars going to cities. It would have been nice when we
had the opportunity to continue the COPS program that we had given or
designated more dollars to local police departments. Another question I
have is coordination. Another question I have is this whole issue of
public employees who have given their time and effort to the Federal
Government losing their labor rights as a result of a consolidation.
I think that all of us are concerned about homeland security, that
all of us want to tell this world and the people that live in the
United States that we are going to protect them. But before we rush
down the line to make a decision on this new 170,000-person Department
of Homeland Security, we must make a commitment to the people of the
United States that we are really going to secure their homeland.
Mr. ARMEY. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from Missouri (Mr. Blunt) and, with heartfelt
congratulations, the whip-elect, for the purpose of having a colloquy
with the distinguished gentleman from Alaska, the chairman of the
Committee on Transportation and Infrastructure.
Mr. BLUNT. Mr. Speaker, I thank the majority leader for his kind
comments and for yielding me the time.
I would like to engage in a short discussion with Chairman Young on
two issues which are very important to me and I feel need some
clarification. This relates to the training of pilots to carry firearms
in the cockpit of our commercial airlines and to the training of cabin
crew members in self-defense methods. As the House knows, these
provisions were included in this bill; and I feel they are important
provisions. However, I want to make clear in my own mind and in the
record that these programs are not intended to be a new cost factor for
the Federal Government or for our economically challenged airline
industry. I understand they are voluntary. Just as our Constitution
protects the rights of all citizens to own firearms for self-
protection, we have provided the ability for airline pilots to
voluntarily request that they be allowed to carry firearms for the
protection of their passengers and crew while performing their duties
in flight and other cabin crew to be trained in self-defense methods if
they choose to do so. Nevertheless, I want to make sure the following
is completely clear:
One, the Federal Government and air carriers are not obligated to
compensate a pilot or cabin crew member for participating in any
training program, qualification or requalification to carry a firearm
or to train in self-defense. Again, the word there is ``obligated.'' It
does not mean that they cannot do it at the airline level, but they are
not obligated to do it. And, number two, these training programs cannot
be an excuse or reason to disrupt or otherwise interfere with any
carrier's scheduled service. Therefore, an air carrier will certainly
not be required to disrupt its scheduled service to accommodate a
flight crew member's training after that crew member has already been
scheduled for duty. These sections are not intended to cause further
operational burdens on the airline industry. I just want to be sure in
my own mind in this discussion with Chairman Young that I understand
what this does in a proper way.
Mr. YOUNG of Alaska. Mr. Speaker, will the gentleman yield?
Mr. BLUNT. I yield to the gentleman from Alaska.
Mr. YOUNG of Alaska. Mr. Speaker, this gentleman, of course, is the
chairman of the Committee on Transportation and Infrastructure. I agree
with the gentleman's points. As the sponsor of the original bill for
allowing the pilots to be armed in the cockpit, this is neither a
mandate to disrupt schedules nor a requirement that either the Federal
Government or air carrier compensate any crew member for these
voluntary programs. I want to stress voluntary programs. It just gives
a chance for the pilots themselves to arm and to properly train.
Mr. BLUNT. I thank the gentleman for that clarification.
Mr. WAXMAN. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Florida (Ms. Brown).
(Ms. BROWN of Florida asked and was given permission to revise and
extend her remarks.)
Ms. BROWN of Florida. Mr. Speaker, I do have a question for Chairman
Young at the appropriate time. I want to make my statement and put it
in the Record, but on that same subject as far as the gun provision as
put in the Record and the colloquy, can you clarify for me whether or
not these pilots are going to be trained to carry these guns and how
will it affect the public if the pilot accidentally kills someone?
Mr. YOUNG of Alaska. If my good friend will yield, I can suggest to
her respectfully, under the bill they have to have the training; and I
would rather have my pilot be armed and defend that cockpit as against
an F-16 to be shot down. That is the whole intent. So in the bill they
are trained, yes. All this says is that it is a voluntary process they
go through, but the training is necessary.
Ms. BROWN of Florida. But they will be trained?
Mr. YOUNG of Alaska. Oh, absolutely.
[[Page H8704]]
Ms. BROWN of Florida. Yes, sir.
Let me just say as far as the bill is concerned that it is still the
same flawed bill that this House passed in August. The problems with
creating an agency of this size are still there. I do not see any new
solutions. This bill is still taking agencies with important non-
homeland security duties and placing them in agencies with no mission
statement.
{time} 1915
The first agency to respond to the terrorist acts of September 11 was
the United States Coast Guard. Within minutes, they were guarding our
ports, bridges, and waterways from home. It was so reassuring to know
that they were out there protecting us while other agencies were still
in shock, all under the supervision, by the way, of the Department of
Transportation.
I am strongly opposed to transferring the Coast Guard to the
Department of Homeland Security. Moving the Coast Guard to the new
department is not in the best interest of the Coast Guard, the
Department of Homeland Security, or the American people.
Each year the Coast Guard conducts over 40,000 search and rescue
cases. They inspect U.S. and foreign flag ships and protect millions of
U.S. citizens who travel on cruise ships and ferries each year. Over 80
percent of the Coast Guard's operation budget is spent on missions that
have nothing to do with border protection or Homeland Security.
Another reason why I oppose this bill is because of the horrible
labor provisions. This bill does away with American workers' basic
right to join together and stand up for their rights. This is just
another example of the Bush administration's union-busting policy.
Under the pretext of national security, the compromise legislation does
away with all provisions of our Nation's civil service laws for
employees of this new department and allows the President to strip
employees of their rights to collective bargaining. In this bill
employee unions could appeal even anti-worker personnel rules; yet they
have no real power to overturn this.
We have heard many problems with the new Transportation Security
Agency. The problems TSA is facing are a perfect example of why we need
to be more deliberate in creating a homeland security agency. The
Republican Party is supposed to be the party of small government, but
today they are creating a huge monster.
Mr. ARMEY. Mr. Speaker, I yield 1\1/2\ minutes to the distinguished
gentleman from Connecticut (Mr. Shays), chairman of the subcommittee of
jurisdiction, who has held over 30 hearings on this subject.
Mr. SHAYS. Mr. Speaker, we have been given a great opportunity to
protect our countrymen and the world.
The Bremer Commission, the Gilmore Commission, the Hart-Rudman
Commission, all warned us to wake up to the terrorist threat.
Unfortunately that call came on September 11.
We need to know, as these commissions urged, what is the threat, what
is our strategy? And how are we going to reorganize to deal with
implement this strategy?
The threat is real. We are at war with terrorists to shut them down
before they use weapons of mass destruction against us. This threat
requires a new strategy. It requires detection and prevention. It
requires us to be proactive and in some cases preemptive.
This new strategy requires us to reorganize, to take various
government departments and bring them together in a focused, unified
approach under the four pillars outlined by the President. The first
has a border and transportation focus. The second is emergency
preparedness and response; one place for first responders to come to in
our government and one place for resources to go out to them.
The third pillar provide chemical, biological, and nuclear
countermeasures. And the final pillar is information analysis, the plug
into the intelligence community.
We need to reorganize our government to be able to implement our new
strategy and confront the new terrorist threat facing this Nation and
the world. We need to wake up and do it now.
Mr. WAXMAN. Mr. Speaker, I yield 2 minutes to the gentleman from
Minnesota (Mr. Oberstar).
(Mr. OBERSTAR asked and was given permission to revise and extend his
remarks.)
Mr. OBERSTAR. Mr. Speaker, I thank the gentleman for yielding me this
time.
Mr. Speaker, the homeland security bill has a number of problems with
it that invite my opposition. First, it has aviation provisions that
will diminish security and safety. It will give inequitable benefits to
airlines and private security companies. It extends the current
deadline for screening all checked baggage for explosives, with the
most modern explosive detection systems. Rather than encouraging delay,
we ought to be pushing the Transportation Security Administration to
meet existing deadlines. We should force TSA to use equipment that is
now sitting in warehouses and give them the funding they need to
acquire that equipment and meet the deadline rather than extend the
deadline.
The bill requires TSA to allow unlimited numbers of pilots to carry
guns. The Bush administration, their Secretary of Transportation, the
Transportation Security Administration agree with me that there are
many unanswered questions about widespread arming of pilots, whether
that would create more safety hazards than security benefits. There
should be no more than a trial program until these issues are resolved
with a very small number of pilots.
The bill gives much needed relief to the airline from insurance
costs. Yes, I am for that. But it provides no help, no assistance to
airline workers who lost their jobs, lost their health insurance,
deserve better from this Congress, were promised better by this
Congress from this very well. The bill limits the liability of private
security companies, including foreign-owned companies, for the tragedy
of September 11. That is an abomination. That should not be permitted
in this legislation.
The bill continues to have the Commandant of the Coast Guard report
directly to the Secretary of Homeland Security. It allows all of the
Coast Guard's homeland security missions, however, to be transferred
from the Coast Guard, an agency that has defended our shores for over
200 years.
Mr. Speaker, I rise in opposition to H.R. 5710, the Homeland Security
Act of 2002.
The aviation provisions in the bill will diminish security and
safety, and give inequitable benefits to airlines and private security
companies. In particular, H.R. 5710 would extend the deadlines for
installing explosive detection systems (EDS) to screen checked baggage
at airports; provides the airlines with $1 billion in relief from
insurance costs, while providing no assistance to those airline workers
who have lost their jobs and their health insurance; limits the
liability of private security companies, including foreign owned
companies, for their roles in the tragedy of September 11th; and
requires the Transportation Security Administration (TSA) to allow
unlimited numbers of pilots to carry guns.
Screening of checked baggage is a major building block in the
comprehensive security program we need--a program with redundancies
similar to the redundant safety systems, which have resulted in our
airlines' outstanding safety record.
Extension of the December 31 deadline will do great harm. It will
take all the pressure off TSA and the airports, and we will fail to
install many explosive detection machines that could have been in place
by December 31. This will increase the risk that we will fail to detect
an explosive device in baggage checked by a suicide bomber.
Rather than encouraging additional delay, we should be pushing TSA to
make every effort to meet the existing deadlines. We should force TSA
to use equipment now sitting in waterhouses, and give them the funding
they need to meet the deadline. Existing law allows TSA to deal with
cases where a brief delay is needed. The Aviation Security Act requires
that all baggage that cannot be inspected by EDS must be either matched
with a passenger on the aircraft, or inspected by another means, such
as a manual search, or canine detection in combination with other
means.
Before we extend any deadline for EDS deployment, we should ensure
that such extension requires the TSA to improve the interim program by
mandating positive bag match for connecting passengers, and by
requiring that more bags be subject to direct inspection.
The American traveling public wants to feel secure when they fly, and
part of that security is knowing that their bags have been thoroughly
screened for explosives when they board an aircraft.
As to extending the war risk provisions for another year, I support
legislation to give the
[[Page H8705]]
industry relief from the extraordinary problems created by September
11th and those that will arise from a war with Iraq. The Aviation
Subcommittee has reported out legislation to deal with many of these
problems; increased costs for insurance against terrorism, the loss of
freight and postal business because of security restrictions,
inadequate compensation to the airlines for some extraordinary security
costs, and the implementation of passenger screening programs that
unnecessarily inconvenience passengers who do not threaten security.
But there is a dark cloud hanging over our efforts to help the
industry. While H.R. 5710 gives the airline industry financial relief
from problems created by terrorism and war, the bill does not extend
the same fair treatment to industry employees, who have also suffered
disproportionately from terrorism and war. I and my colleagues on this
side of the aisle insist that there must be balance in any relief
package for the airline industry. H.R. 5710 does not remedy this
problem, and therefore I am unable to support it.
This is not a new issue. When we passed a $15 billion assistance bill
soon after September 11, I, and many of my colleagues, insisted that if
the airline companies were to be afforded relief, so should employees
who had lost their jobs. The Republican leadership told us that there
was no time to develop a consensus proposal on employee relief, but on
the House Floor, Speaker Hastert promised prompt consideration of
employee relief, including financial assistance, ability to retain
health insurance, and training for new careers. Regrettably, the
leadership has not followed through, and the House has never considered
assistance for displaced airline employees.
Aviation industry workers, including employees of airlines, Boeing
and aerospace suppliers, and airports, have suffered unprecedented job
loss and economic uncertainty. Some 100,000 airline employees are out
of work or facing imminent layoff. Another 30,000 Boeing workers are
laid-off along with 51,000 additional aerospace employees. And with
bankruptcies looming large, it is easy to conclude that the staggering
job losses will only grow.
If the airline industry is entitled to special relief because it has
suffered disproportionately from terrorism and war, its displaced
employees are also deserving of relief.
Moreover, H.R. 5710 includes a special interest provision to immunize
airport screening companies whose negligence may have contributed to
the September 11 terrorist hijackings.
In the Aviation Security Act, we expressly decided that private
screening companies should not be relieved of liability for any of
their security deficiencies that played a part in the September 11th
tragedies. However, H.R. 5710 would extend this protection to firms
such as Globe Aviation Services and Huntleigh USA Corp., the security
companies responsible for providing staff at Logan Airport on September
11th and that continue to contract with TSA today.
This provision is nothing more than a special interest provision that
protects negligent airport screening companies at the expense of the
victims of the September 11th tragedy.
Further, the bill requires TSA to allow unlimited numbers of pilots
to carry guns. The Bush Administration agrees with me that there are
many unanswered questions as to whether widespread arming of pilots
would create more safety hazards than security benefits. Until these
issues are resolved, there should be no more than a trial program with
a small number of pilots.
I am also opposed to the bill because of provisions which threaten
the ability of the Coast Guard and FEMA to carry out all of their
important responsibilities, some of which involve security, and some of
which do not. For example, in addition to security, the Coast Guard has
responsibilities for maritime safety, environmental protection, and
drug interdictions and FEMA has responsibilities for aiding recovery
from natural disasters, such as floods and hurricanes.
The bill now before us divides these agencies and threatens their
ability to continue to fulfill all of their responsibilities.
Although the bill continues to have the Commandant of the Coast Guard
report directly to the Secretary of Homeland Security, it allows any or
all of the Coast Guard's Homeland Security missions to be transferred
from the Coast Guard--an agency that has defended our Nation's
shorelines for more than 200 years. Under the bill, only non-homeland
security missions of the Coast Guard may not be transferred from the
Coast Guard.
We have been told that the intent was to keep the Coast Guard intact.
How can you do that if you allow their homeland security missions to be
transferred out of the agency?
Similarly, the bill splits the Federal Emergency Management Agency
(FEMA) in two by transferring and consolidating FEMA's Office of
National Preparedness into a new Office of Domestic Preparedness, which
is under the Directorate of Border and Transportation Security, and
transferring the remaining portion of FEMA to the Directorate of
Emergency Preparedness and Response. By splitting FEMA in two, we
threaten the effectiveness of one of our Nation's most effective and
most respected agencies.
Moreover, this is essentially the same scheme that this Body rejected
in July when, during consideration of the Homeland Security bill, the
House unanimously adopted an amendment to ensure that FEMA would be
kept intact within the new Department of Homeland Security.
In view of these and other deficiencies ion the bill now before us, I
am convinced that the bill will do more harm than good. I urge defeat
of the bill.
aviation
H.R. 5710, the Homeland Security bill, includes aviation provisions
that will diminish security and safety, and give inequitable benefits
to airlines and private security companies.
The bill extends the current deadline for screening all checked
baggage with explosive detection equipment. Rather than encouraging
additional delay, we should be pushing the Transportation Security
Administration (TSA) to make every effort to meet the existing
deadlines. We should force TSA to use equipment now sitting in
warehouses, and give them the funding they need to meet the deadline.
Existing law allows TSA to deal with cases where a brief delay is
needed.
The bill requires TSA to allow unlimited numbers of pilots to carry
guns. The Bush Administration agrees with me that there are many
unanswered questions as to whether widespread arming of pilots would
create more safety hazards than security benefits. Until these issues
are resolved, there should be no more than a trial program with a small
number of pilots.
The bill gives the airlines $1 billion relief from insurance costs,
while providing no assistance to those airline workers who have lost
their jobs and their health insurance.
The bill limits the liability of private security companies,
including foreign owned companies, for the tragedy of 9/11.
coast guard
Although the bill continues to have the Commandant of the Coast Guard
report directly to the Secretary of Homeland Security, it allows any or
all of the Coast Guard's Homeland Security missions to be transferred
from the Coast Guard--an agency that has defended our Nation's
shorelines for more than 200 years. Under the bill, only non-homeland
security missions of the Coast Guard may not be transferred from the
Coast Guard.
We have been told that the intent was to keep the Coast Guard intact.
How can you do that if you allow their homeland security missions to be
transferred out of the agency?
fema
Similarly, the bill splits the Federal Emergency Management Agency
(FEMA) in two by transferring and consolidating FEMA's Office of
National Preparedness into a new Office of Domestic Preparedness, which
is under the Directorate of Border and Transportation Security, and
transferring the remaining portion of FEMA to the Directorate of
Emergency Preparedness and Response. By splitting FEMA in two, we
threaten the effectiveness of one of our Nation's most effective and
most respected agencies.
Moreover, this is essentially the same scheme that this Body rejected
in July when, during consideration of the Homeland Security bill, the
House unanimously adopted an amendment to ensure that FEMA would be
keep intact within the new Department of Homeland Security.
In addressing the issue of our Nation's homeland security, we must
get it right and this bill does not begin to achieve that objective.
I urge my colleagues to defeat this bill.
Mr. ARMEY. Mr. Speaker, I yield 1 minute to the gentleman from
Florida (Mr. Weldon), my wife's favorite Congressman.
Mr. WELDON of Florida. Mr. Speaker, I thank the majority leader, and
I am truly honored to be described in that fashion. Let me commend the
gentleman on the outstanding work he has done in shepherding what I
think was one of the most problematic pieces of legislation to come
through this body.
Mr. Speaker, I am the chairman of the Committee on Civil Service,
Census and Agency Organization, and I want to just specifically comment
on the civil service issue which I think was the item that was really
holding this up more than anything else. And with 1 minute I cannot get
into this in detail, but I feel very, very strongly that this is a good
compromise product. And indeed as the gentleman from Ohio (Mr.
Portman), my friend, said earlier today, and I am in 100 percent
agreement with him, this will be probably the best civil service system
within the
[[Page H8706]]
Federal Government and can actually serve as a model for how we can
reform the entire system so that it does what the American people want,
which is really promote and reward excellence within our civil service
work force, and that is what the people want who work for our Federal
Government and that is what is necessary to protect the American
people.
This is called the Department of Homeland Security. Let us remember
their mission: Protecting the public.
Mr. ARMEY. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from Ohio (Mr. Portman), a member of the Select Committee on
Homeland Security.
Mr. PORTMAN. Mr. Speaker, I thank the chairman for yielding me this
time. His passion and his persistence are the reason that we are here
tonight to do this important work, and I appreciate the role he played
in moving this legislation through the system as chair of the Select
Committee on Homeland Security.
Mr. Speaker, there is an old saying that goes ``Times change and we
change with them too.'' Times have changed and it is imperative to the
security of our country, security of our families that our government
change as well.
On September 11, 2001, the terrorists who struck our homeland killed
more civilians than all our foreign enemies combined. We all woke up to
the fact that the threats we face now are very different from the ones
we faced in the past. During the Cold War, we adapted our government
structure to better utilize the resources we had to fight then a
superpower. Today we face a more unpredictable and a more agile enemy
and a very deadly enemy, and today we must reorganize our government
again so we can stop that enemy before it strikes again, and we are not
ready. There are over 100 departments and agencies with some
involvement in homeland security, and when every one is in charge, no
one is in charge. There is no accountability in the current system.
Last summer President Bush presented to the Congress a very ambitious
and visionary plan to merge and consolidate responsibilities in a new
Department of Homeland Security, similar to what Senator Lieberman had
proposed and what various commissions had proposed. He laid out three
strategic objectives: First, prevention of attacks; second, minimizing
our vulnerabilities; and, third, minimizing the damage and maximizing
recovery should an attack occur. These three pillars provided us with a
clear framework to align our resources, people and capital, and to
align responsibility and accountability. This single unified structure
will make us more efficient, will make us more effective in the fight
against terrorism. It will not make us immune, but it will make us
safer.
I strongly believe in what we are doing tonight, not because we are
creating a new department but because we are doing it the right way. We
are giving this President and future Presidents the flexibility they
will need to make it work. That is budget flexibility; it is
organizational flexibility; and, yes, it is personnel flexibility to be
sure the right people are in the right place at the right time to
protect us. The 21st century threats that we now meet head on cannot be
handled by early 20th century civil service rules and bureaucracy. So,
yes, the President and the new Secretary of Homeland Security will have
the flexibility to design a new human resources management system, but
it is one that will preserve fundamental civil service and worker
protections while at the same time building a team atmosphere that is
absolutely crucial by rewarding and promoting excellence and ensuring
that we can do all we can to recruit the best people to this task.
We have before us, Mr. Speaker, a bill that will both protect the
homeland and protect workers' rights. It is the right balance.
Mr. Speaker, I urge my colleagues on both sides of the aisle to
strongly support this legislation before us tonight. It represents an
agreement between the House and the Senate and the White House, and by
joining together we will send a strong message to the American people
and to the other body that we are committed to doing all we can to
protect our families and our country.
Mr. ARMEY. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from Oklahoma (Mr. Watts), the chairman of our conference and
a member of the Select Committee on Homeland Security.
Mr. WATTS of Oklahoma. Mr. Speaker, I thank the gentleman from Texas
(Mr. Armey) for yielding me this time. I appreciate very much his
leadership that he has shown on this issue and his persistence.
Mr. Speaker, I rise to support this historic initiative to bolster
the safety of Americans with an effective and focused Homeland Security
Department. We are making the bureaucracy work for the American people
rather than having the American people work for the bureaucracy.
The House has come back to work in a post-election session so we can
pass an initiative that has languished for far too long. One year, 2
months and 2 days have passed since attacks on our Nation provoked the
war on terror. Our military has responded with might abroad, but our
vulnerability remains unnecessarily high here at home. From seaports to
the air, roads to the rail, terrorists have too many opportunities to
exploit openings in a hole-ridden fence that is supposed to be our
homeland defense.
I have been working on this issue for many years, and I was
privileged to be a member of the Select Committee on Homeland Security.
I commend my colleagues on that panel for their commitment, and I
salute the President for his steadfast perseverance even as many
thought we could not get the job done this year.
The domestic terrorism waged on my home State in 1995 opened the eyes
of Americans to the evil that can be perpetrated by as few as two
people. The bombing of the Oklahoma Federal building forever changed
the lives of citizens who thought they were safe. The hijacking of four
airplanes on September 11, 2001, multiplied that catastrophe to
unspeakable proportions. Today, we are about to take a bold step to
respond to such evil by learning from the actions of the past to
prepare for unforeseen acts of terror in the future.
The Department of Homeland Security will organize a government that
is fractured, divided, and underprepared to handle the all-important
task of defending our great Nation from terrorist attack.
My colleagues on the other side of the aisle have tried to muddy the
waters by invoking special interests over national security. But that
is not what this bill is about. The President needs the freedom and
flexibility to protect the homeland. He, just like every Commander in
Chief since Jimmy Carter, must continue to have the ability to use
presidential prerogative when it comes to the safety of the country.
An amendment I offered months ago in committee remains in today's
legislation and will help foster a better relationship between the
private sector and the new department by establishing a private sector
liaison in the Secretary's office.
{time} 1930
This liaison will also work with government researchers and academia
to procure the best tools mankind has to offer.
Again, we are talking about the security of our Nation. A promise
made is a promise kept. By creating a Department of Homeland Defense,
we will be better prepared for acts of terror.
This is an important victory for the safety of Americans from coast
to coast, border to border. I urge my colleagues to pass this bill and
help secure the future of this great land of ours we call home and the
rest of the world calls America.
Mr. WAXMAN. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, let me thank the gentleman
from California (Mr. Waxman), of course, for his leadership, and as
well the bipartisan committee that was crafted in the House reflecting
the work of many of our committees.
Might I say for a moment that I do want to acknowledge the work of
the majority leader, a colleague of mine from Texas. Not knowing what
legislative agenda we will have tomorrow, I
[[Page H8707]]
would say to the gentleman from Texas (Mr. Armey), this might be a
great swan song; and we thank the gentleman very much for the work that
he has done.
I do want to raise some issues, and I appreciate the work of the
Committee on Science and acknowledge that this may be the most
important legislation created since maybe the creation of the now
Defense Department, then the War Department, because it does deal with
defense, security, domestic security, and ensuring that America is
safe.
But we also have to have an agency that works, a Department that
works. The Committee on Science appreciates the creation of the Under
Secretary for Science and Technology and a Homeland Security Institute,
because part of our security is in fact based upon the knowledge that
we have.
I am somewhat disappointed that the idea I had involving involvement
and consultation with NASA because of its extensive satellite system
was not included, but I would look forward to this legislation being
amended forthwith so we can work with this and improve it. I am also
concerned about the function of the Inspector General and the issue of
purging waste, fraud and abuse; and I am concerned as to the structure
of that particular position.
Moving quickly to the immigration issues on the Judiciary Committee,
I am gratified that the Department of Children's Affairs does still
exist as we had designed it under the immigration legislation and in
the Committee on the Judiciary, which separates out a procedure for
children who are unaccompanied who are coming in as illegal immigrants.
I believe that children need to be handled differently, and the
gentlewoman from California (Ms. Lofgren) and myself were very keen on
this issue, and we thank those for their support.
Let me also say I am very much appreciative of the fact that we do
have a bureau that deals with immigration services. I think that is
good; and I think we should make sure this is a country of immigration,
and immigration does not equate to terrorism.
I hope this bill has some ability to bring people together, but I
also hope we will look at it in the future and make it a better bill.
Mr. ARMEY. Mr. Speaker, I am pleased to yield 2 minutes to the
gentleman from Florida (Mr. Mica), the chairman of the Subcommittee on
Aviation.
Mr. MICA. Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, not only is this an excellent bill that gives the
President the flexibility he needs to provide homeland and domestic
security, but this bill has some excellent provisions relating to
aviation security and the future security of the aviation industry and
our Nation. Let me address a couple of points that have been made here
today.
First of all, the extension on the checked baggage screening
requirement. The week of November 12, 2001, when we passed the bill
before it was signed into law November 19, we knew that we could not
manufacture the equipment necessary, that it would be ludicrous to
spend billions of dollars to try to meet arbitrary deadlines with
equipment that does not work. But what we provided for here is
equipment that will work, that can be installed on a realistic basis;
and we have assisted our airlines in not compromising security by
putting in place in fact the very best measures.
We also put a provision in here to arm our pilots. They asked for
that protection. That is a good provision and it is long overdue,
because we know they are the last line of defense; and they have
requested this, seeing the gaps in the security system in transition.
So I am pleased with that provision.
Finally, the survival of the aviation industry. The war risk
provisions and liability provisions are excellent. We held hearings on
this issue, and one of the greatest areas of loss for our aviation
industry is not being able to either obtain or obtain at reasonable
cost liability and war risk insurance.
This does not compromise security, it does not compromise jobs, and
it does not compromise the future economy and progress of this Nation.
So, Mr. Speaker, this is not a perfect bill. But it is a good bill,
and it has some excellent provisions. I urge my colleagues to support
this measure.
The SPEAKER pro tempore (Mr. LaHood). The gentleman from California
(Mr. Waxman) has 3 minutes remaining, the gentleman from Texas (Mr.
Armey) has 5 minutes remaining, and the gentleman from Texas has the
right to close.
Mr. WAXMAN. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I listened to the arguments on the other side from
people for whom I have an enormous amount of respect. The gentleman
from Texas (Mr. Thornberry) has been working on this issue for some
time, and the gentlewoman from my own State of California (Mrs.
Tauscher) has also been very involved in creating such a Department. I,
too, have supported the idea of a Department for Homeland Security. But
I think this bill creates so much bureaucracy and inefficiency that I
fear that it will not accomplish its purpose.
Primarily, what we should do is coordinate the activities of the FBI
and the CIA. We know the history of the FBI and its problems. Problems
such as Hansen, a double agent, and how the FBI pursued Wen Ho Lee. We
know about the ongoing problems of coordinating between the FBI and the
CIA. This bill does not do anything to enhance the cooperation between
these two agencies.
Instead of giving the White House the authority to review the budgets
and to coordinate the activities of the agencies of government involved
in defending our homeland, this bill takes all those agencies of
government and puts them into a new Department. Now there has to be a
new bureaucracy set up in this new Department with all these new
employees who used to do other things in other agencies to try to make
this whole thing work.
The President was not originally for this Department. The idea came
from Senator Lieberman, particularly, and others. Many of us argued
there should be a Homeland Security Department with the power to
streamline, not bureaucratize. One that would be limited. One that
controlled the operations of our border agencies, immigration, customs.
We ought to have something along those lines. One with the White House
authority written into law.
The President created an Office of Homeland Security and appointed
Governor Ridge, but that office does not have the authority to make its
decisions stick with other parts of the Federal Government bureaucracy.
I, with all due respect, think this is a real problem with this bill.
In addition, we have not heard anybody on the other side get up and
defend the smallpox special interest provision, the protection for the
manufacturers of the vaccine. No one has even raised that issue on the
other side. It was not in any bill that passed the House nor was before
the Senate. Suddenly it appears here, condemning people who are injured
with the inability to sue if there was negligence on the part of a
manufacturer of a vaccine. This is the ordinary way in which they can
pursue those claims at the present time.
Why is this special interest provision suddenly in this bill? Why is
that here, without any opportunity to have it reviewed or analyzed? Why
do we have provisions in this bill that protect the manufacturers who
engage in negligent behavior when creating devices to be used for
homeland security?
I am troubled by the way this whole bill has been considered, and I
would urge my colleagues to vote against the legislation.
Mr. ARMEY. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I have listened carefully to the arguments in opposition
to this bill. One reason being, Mr. Speaker, when we began this debate
I was fascinating myself with the question of how could anybody oppose
this bill. These are the four complaints I have heard:
One, there seems to be a concern that the bill is being rushed to the
floor. The gentleman from California just pointed out, the President of
the United States for a long time did not adopt this idea. It had been
proposed by many people, and many Democrats. Only after seeing the
thorough need and the thorough possibilities for success did the
President in June propose Homeland Defense.
This House of Representatives worked on it, and with the Select
Committee working in consultation with
[[Page H8708]]
all the committees of jurisdiction in this House, with testimony taken
from the chairman and ranking member of each of these committees,
produced the bill that was brought to this floor and passed on July 23
with 295 votes. We have waited on the other body; and only after an
exhaustive wait did the President propose, insist, last week that we
move forward, and now it appears that both bodies will.
Pursuant to the President's insistence of last week, we have worked
literally night and day in consultation with all the committees of
jurisdiction in both bodies and with the White House to craft this
legislation which today we bring to the floor.
In that regard, Mr. Speaker, let me say that we owe an expression of
appreciation to so many staff on both sides of the aisle, on both sides
of the building and in the White House and the agencies of the
government for all of their hard work, night and day, literally, for
the last 4 or 5 days.
But may I take just a moment for a special thank you. Those men and
women who labor on behalf of all of us in the Office of Legislative
Counsel are too seldom recognized; and with the indulgence of this
body, let me single them out for special appreciation for the efforts
they have made.
No, this was not rushed to the floor. We worked hard on it; we worked
together on it. Virtually every Member of this body and the other body
was consulted in some way on some part of this bill.
We are told that America does not care about homeland security. Were
you not listening? I think they made the point last week. They do care.
It is important.
We were told that Members did not get to participate. I know of no
piece of legislation brought before this body in my 18 years I have
been here where there has been more comprehensive, committee-by-
committee, subcommittee-by-subcommittee, Member-by-Member participation
in the process of preparing the bill.
We were told that the bill was being offered for political purposes
in anticipation of the next election. Mr. Speaker, let me say as my
final point, I know of no time in my 18 years in this body where the
principal author of a bill brought to this floor had less interest in
the next election than this time here.
Mr. BLUMENAUER. Mr. Speaker, from the beginning of the homeland
security debate, after studying evidence and listening to Oregonians,
my priorities have been clear. Strengthening the capacity of our
government agencies to defend our nation from terrorist attacks is
necessary and vital to our society. Our nation will benefit from better
communication among federal agencies and from improved safety of air
travel, our borders, our ports, and our water supplies. However, we
must develop a focused strategy to protect our nation rather than
taking cosmetic actions.
We need to address the intelligence failures that led up to the event
of September 11. We need to work with local governments to coordinate
responses to future attacks. The proposed Department does not address
either. A massive restructuring of the federal government will not
necessarily improve the security of our nation.
As has been documented time and again in jarring detail by the news
media, the FBI and CIA were not properly coordinated before September
11. This enormous reorganization, rather than dealing with fundamental
problems between these two agencies, adds a third governmental
department to the uncoordinated mix.
My own experience is that government reorganizations are difficult
and complex. There are many demands on employees and stripping away
workers' protecting will only create friction and uncertainty. It would
be more simple and fair to make adjustments for those employees that
work primarily with intelligence or terrorism investigations than to
strip away the collective bargaining rights of all employees included
in this new government.
Finally, the timing is problematic. The leadership rushed the first
bill through the House in an attempt to pass it into law before the
anniversary of September 11. Now, just days after the election, the
House and Senate Republicans produce a new bill, exempting labor
protections for workers, in back room negotiations. A significant
reorganization would be better served by an open, inclusive process.
The Homeland Security Department, as proposed in this bill, will
detract from our ability to truly protect our nation.
Mr. CONYERS. Mr. Speaker, the tone of bipartisanship the Republicans
used to win control of Congress has ended. We saw a draft of this bill,
which is the largest reorganization of the Federal government in
decades, only late yesterday afternoon. We were not given any
opportunity to make improvements, and we now find ourselves on the
House floor under a rule that prohibits amendments. I have more
concerns with this legislation that I can count, but I will focus on
three: the anti-labor, anti-immigration, and pro-corporate
irresponsibility provisions.
First, this legislation guts the civil services and collective
bargaining protections that currently exist for Federal employees. It
makes it difficult for employees of the Homeland Security Department to
collective bargain for fair compensation. The argument from the other
side seems to be that employees who have rights might not be able to do
their jobs effectively. But does anyone remember who the heroes of
September 11 were? It was the firefighters and police officers of New
York and Virginia, all of whom were members in good standing of
organized labor. Can anyone suggest that their civil service and union
protections did anything to weaken their resolve? Of course not.
Second, this legislation moves the entire Immigration and
Naturalization Service, its services and enforcement functions, into
the new Department. To the contrary, in the INS reorganization bill
that I supported and we passed earlier this Congress, we kept the
services portion of the INS in the Justice Department and moved only
the enforcement functions to the Homeland Security Department. By
moving both functions of the INS to the Homeland Security Department,
this legislation by implication treats all immigrants are terrorists.
Finally, this bill provides civil liability protections for
government contractors that provided ``anti-terrorism products.'' The
new Secretary could immunize from any tort lawsuit the conduct of any
company that sold defective anti-terrorism products to the government
or the public. This means that a family that purchases a product to
protect itself from terrorism, and finds the product to be useless,
might have no cause of action against the contractor. The immunity
provision also could shift the burden of identifying the wrongdoers and
apportioning blame from the defendant to the victim.
Ms. SCHAKOWSKY. Mr. Speaker, I rise in opposition to H.R. 5710, the
Homeland Security Act of 2002. This is the second homeland security
bill the House has considered this session and it is still a far cry
from a measure that will live up to the promise of its name. I am not
convinced this bill will in fact make Americans safer than they are
today. Moreover, the bill contains misguided and dangerous provisions
that may cause more harm than good.
We all agree we must do more to protect our country from threats
posed by those who wish us harm and those who wish to alter the way we
live our lives. I am disappointed that the measure before us does not
represent a more positive step in that direction. I am also
disappointed that provisions I opposed when the House first considered
this legislation are still in the bill.
There are a number of serious problems with this legislation that
force me to vote against it for a second time.
This bill gives broad new authority to the President to reorganize
the massive federal workforce created by this legislation. The bill
gives the President an excuse to disregard and to take away hard-won
civil service protections and collective bargaining rights for
employees of the new Department. At a time when agencies throughout the
federal government--in Washington, D.C. and in cities across the
country--are having difficulty attracting and retaining qualified
employees, this bill could turn employees of the new department into
second class workers. What kind of a signal will we send to those
federal workers if we ask them to move and tell them that they will
lose many of the guaranteed rights that they now enjoy? How many of
those workers will decide to leave federal service and move to the
private sector? For those workers who do stay, how can we expect them
to demonstrate high morale and commitment when they know that they lack
the same rights as their federal colleagues in other agencies?
There is no national security rationale for stripping workers of
their basic rights. I am particularly concerned about the fate of
administrative workers in agencies that are to be transferred to the
new department. Many of them are not directly involved with homeland
security issues but will nevertheless be denied their rights. Congress
enacted civil service protections and collective bargaining rights so
that we could attract the very best to government service. We should
not give this or any other Administration the right to take them away.
As we stand together to fight terrorism, we should also stand together
for the rights and well being of federal workers.
The House also missed an opportunity today to provide real
protections for whistle-blowers. I offered an amendment that would
guarantee American patriots who come forward to expose improprieties
and threats to
[[Page H8709]]
our security a guarantee that, if they are retaliated against for their
actions, they will have a right to legal recourse.
This bill creates an exclusion from the Freedom of Information Act to
all information dealing with infrastructure vulnerabilities that is
voluntarily submitted to the new department. This is an unnecessary
provision because, under current law, the government already has the
authority to exempt from FOIA information that meets one of several
standards, including that which is related to national security and
trade secrets. This bill also exempts committees created by the
Secretary of Homeland Security from the Federal Advisory Committee Act.
This would allow the Secretary to create secret forums where lobbyists
for all sorts of special interests could push their agendas with the
Administration without concern that the public would find out and
regardless of whether their discussions are about security or business
goals.
The legislation before us today negates the Congressionally-mandated
requirement that all airports have the ability to screen checked
baggage for explosives. One of our most frightful and realistic
vulnerabilities is the status of our air travel system in this country.
It is a sad message to send to our constituents and the flying public
that we are not willing to do what it takes to ensure the skies are
truly safe. Many on the Republican side have argued that the task of
providing equipment to secure our planes and prevent terrorist devices
from making their way on board is too costly. We cannot afford to do
otherwise.
I am very disappointed to see that the bill before us today takes a
step away from providing true security for people by protecting them
from discrimination and mistreatment. Unlike H.R. 5005, which
establishes an Office for Civil Rights and Civil Liberties with a
Director, this new bill simply appoints an officer to review and assess
information alleging abuses of civil rights, civil liberties, and
racial and ethnic profiling. I offered an amendment to establish an
Office for Civil Rights and Civil Liberties, and I feel that anything
less will fail to adequately meet the goal of ensuring that no one is
mistreated by this new department.
I would also like to draw my colleagues' attention to the issue of
how our immigration system is organized within this bill. I come from
an immigrant-rich district and I have made it a top priority to ensure
that newcomers to this country are received in a fair and considerate
manner. I am pleased that H.R. 5710 retains the provisions establishing
an Ombudsman's office to assist individuals and employers in resolving
problems with citizenship and immigration services. The bill also takes
steps to hold the Bureau of Citizenship and Immigration Services
accountable by requiring it to report how it is handling its
immigration caseload and how it is working to eliminate its infamous
backlogs. These are very important steps, and I urge my colleagues to
continue to work to improve upon these new provisions, as well as the
organization of immigration functions, so that the quality and
efficiency of the services offered to immigrants are not compromised,
and are in fact improved.
Unfortunately, this bill fails to address even the most obvious and
immediate homeland security concerns. It does not address the serious
problem of information sharing and communication among the intelligence
community. The CIA and FBI are left out of this new department and
there is no provision in this bill clearly stating the mechanism for
past communications failures to be fixed. Instead, what the President
and the Republicans in the House put forth is a massive reorganization
of the federal government, nothing more than a reshuffling of the deck,
with a few added tools for the Administration. Simply shifting people
and agencies will not make America safer and that is all we will
accomplish if we pass this bill. I urge all members to reject this
flawed legislation and to focus on efforts that will actually enhance
our security and maintain our American way of life.
Mr. HASTINGS of Florida. Mr. Speaker, I rise in strong opposition to
the 11th-hour version of the Homeland Security Act.
When the House originally debated this legislation last August, more
than one hundred amendments were submitted to the Rules Committee.
Barely \1/4\ of those amendments were considered in order, despite
recommendations from eleven congressional committees. Now we've been
presented with a new, 484 page version of the bill, and are not being
given any time to assess its merits and flaws.
During our first debate, I introduced an amendment that protected the
Equal Employment Opportunity and whistleblower rights of civil
servants. My amendment was unanimously approved, a clear indication
that federal workers' rights are an important concern for this
Congress. In fact, this issue was so important that it caused the first
bill to get bogged down in the Senate for more than three months.
Although I note that the protections in my Amendment have been
included, the new version gives the Secretary the authority to
establish a ``contemporary'' human resources management system, but
does not define the word ``contemporary'' in this context. This
authority will affect the 170,000 federal workers who will transfer to
the new department and deserves careful scrutiny and debate.
Another disturbing item in this bill is the unprecedented authority
of the new Secretary, who will be able to transfer funding between
departments in the new agency without any congressional authority or
oversight. In other words, Congress can approve appropriations for one
program, and the Secretary can arbitrarily decide to spend those tax
dollars on something else, without congressional approval. This
initiative sets a rather alarming precedent for the entire executive
branch of government; one that deserves our full and careful attention.
Either we're going to create a new department, or we're going to
change the civil service laws and revamp the Executive branch of
government. I don't believe we should attempt to do both in one piece
of legislation.
The American people are counting on us to create a new department
that will reduce our vulnerability and prevent future terrorist
attacks. They are also counting on us to do this in a fiscally
responsible manner. The earliest the new department would be funded
would be January 11, 2003. If we have a year, then let's take a year
and do this right. Let's make sure that the new department will deliver
what it promises, and let's make sure we know what it will cost.
The Homeland Security Act, as written, is not ready for prime time.
We have been given no time to review the bill, and no opportunity to
debate the bill and no option to amend the bill, but we are being asked
to approve the bill.
Although there are differences between the first and second versions,
different, in this case, does not mean better. As I said in my floor
statement three months ago, if we don't take the time to do this right,
we're going to have to make the time to do it over, and here we go
again . . .
Let's give this legislation the time and attention it deserves and
create a Department of Homeland Security that will do what we need it
to do. We must have Homeland Security legislation that actually
improves our homeland security, not just creates a new federal agency
with new civil service rules and unmonitored spending authority for its
Secretary.
I urge my colleagues to vote ``no'' on this bill.
Mr. HOYER. Mr. Speaker, much of the controversy swirling around this
Homeland Security Act relates to our treatment of Federal employees,
many of whom stand on the front lines in our war against terrorism.
I share the deep concern of those who believe that the reorganization
proposed under this bill will undermine the rights given by law to
thousands of our Federal employees.
And let me note: Earlier this year, I specifically asked OPM to cite
even one example in our nation's history where union membership had
threatened our national security. OPM could offer none.
However, the controversy surrounding the rights of Federal employees
is not the basis of my opposition to this Homeland Security Act. And I
am deeply concerned that the attention devoted to it obscures the
larger point.
As the Baltimore Sun observed on September 23rd:
``Months of debate have made clear that this bureaucratic boondoggle
offers no promise of making the homeland more secure. Worse, it takes
the focus off the need for tighter oversight of the nation's security
systems.''
I am greatly concerned, Mr. Speaker, that this legislation could
actually harm our ability and readiness to protect our homeland.
Under this legislation, 22 existing agencies and programs and 170,000
people would be integrated into this new department.
Yet, many of the agencies that are critical to our homeland security
would not even be part of this reorganization.
Furthermore, this act fails to recognize that the FBI, DEA and INS
are currently grouped within the Department of Justice, but do not
effectively communicate with one another.
As special agent Colleen Rowley's testimony indicated earlier this
year, the FBI even has trouble communicating within its own agency.
We must not delude ourselves into believing that rearranging deck
chairs will protect our ship of state.
What's needed is greater sharing of information within and among the
agencies that protect our homeland, so that we may coordinate and
synthesize the enormous amounts of information that our government
collects.
And we need a lean homeland security office that has the mission and
authority to develop and implement a comprehensive strategy for
homeland security.
In analyzing this issue, the General Accounting Office warned in
July:
[[Page H8710]]
It is clear that fixing the wrong problems, or even worse, fixing the
right problems poorly, could cause more harm than good in our efforts
to defend our country against terrorism.''
This act fails to fix our most obvious problem--effective information
sharing among agencies.
I urge my colleagues to vote against it.
Mr. LANGEVIN. Mr. Speaker, I rise today in support of the creation of
a Department of Homeland Security and am pleased that we are able to
consider this important issue before the end of the 107th Congress.
I am pleased that this legislation largely reflects the
recommendations of the U.S. Commission on National Security for the
21st Century, chaired by Senators Gary Hart and Warren Rudman, which
assessed the nation's security vulnerabilities and recommended the
creation of a Cabinet-level Department of Homeland Security. By
consolidating the security functions of 22 separate federal agencies
into one department, we can ensure that our nation puts forth a united
front against terrorism on our soil. The new department represents a
major step forward in our efforts to protect the American people.
Furthermore, it will serve as an important resource to police, fire,
and emergency medical service workers, who represent the first line of
defense against terrorism.
In July, the House passed a similar measure, H.R. 5005, which I
supported. However, at that time, I urged my colleagues to improve
certain provisions in the bill so that we might safeguard civil service
protections for department employees and preserve existing good
government laws. I am disappointed that today's bill did not go further
in those respects. The proposed Department of Homeland Security could
employ as many as 170,000 people, and we should promote a work
environment that enhances their ability to protect the American people.
I will support this legislation today because it is the
responsibility of Congress to keep America safe from future acts of
terror. Furthermore, I will closely monitor its implementation to
ensure that we protect the security of our nation as effectively as
possible.
Mr. PASTOR. Mr. Speaker, although I am a strong supporter of fully
utilizing all possible resources to combat this new and tragic war on
terrorism, I have serious reservations over the proposal being
presented to us today.
Realistically, this bill would do nothing more than rearrange the
deck chairs on the Titanic. What we really need is to address basic
agency policies and promote efficient exchange of information without
diminishing critical agency missions.
Keeping major intelligence gathering sources separated from this
agency and moving desks across the hall, begs the question as to what
we will be accomplishing by this move? Will it result in a smoother
information flow, not just from one Washington office to another, but
to the actual communities which must have as much lead time as possible
to prepare for attack? Are we actually expanding agency areas of
responsibility or will it be business as usual? What are we really
doing to ensure dam, water supply, energy sources, and transportation
safety? What are we really doing to provide an enhanced capability to
address hazardous material, chemical, or biological threats? What are
we really doing to improve our risk, threat, and vulnerability
assessments? What are we really doing to improve the delivery of
emergency food, shelter, and medical care in the event of another
tragedy?
Troublesome are inconsistencies found in the bill. For example, is
the Administration's repeated statements that this bill would
consolidate training programs, yet, under Section 403 we see the
Department of Justice's Office of Domestic Programs which does COPS
training being placed under ``Border and Transportation Security,''
while other training programs are being place under ``Emergency
Preparedness and Response'' under Section 503.
Another example is found under Section 201(d)7, where the Under
Secretary for Information Analysis and Infrastructure Protection is
charged with exercising primary responsibility for public advisories
related to threats to homeland security, while in Section 214(g) it
states that the federal government may provide advisories, alerts,
warnings to relevant companies, targeted sectors, other government
entities, or the general public regarding potential threats. Where is
the coordination and are we creating two separate sets of warnings?
Questions have been raised on the coordination mechanism between
Homeland Security officials and other Departments. For example, if
Homeland Security officials are designated to establish research
efforts and attempt to direct Department of Defense agencies on those
efforts, who actually has final authority?
In particular, I am troubled that this legislation offers so little
to assist first responders, the men and women on the street who
willingly put themselves in harm's way for the greater good. We must
ensure that these dedicated citizens are provided with all possible
resources to both protect them and support their mission.
I am hopeful that this legislation is defeated and the Congress
continues to consult with experts in a more circumspect manner and that
crafts a measured more approach that maximizes our ability to
anticipate, prevent, and react to acts to terrorism.
Mr. BENTSEN. Mr. Speaker, today I rise in support of H.R. 5710, which
establishes a Department of Homeland Security as an executive
department of the United States, headed by a Secretary of Homeland
Security. The primary mission of the Department of Homeland Security
will be to anticipate and prevent future terrorist attacks, reduce
America's vulnerability to terrorism, and improve upon our existing
ability to respond and recover from any possible terrorist attacks. The
tragedy of the September 11th terrorist attacks underscored a changing
environment for the United States and exposed glaring weaknesses and
vulnerabilities in our domestic security infrastructure. As a Congress,
we must address our most fundamental priority and responsibility,
ensuring the security and liberty of our nation. Today's legislation
would do just that, consolidating 22 different agencies with varying
responsibilities for border security, bioterrorism defenses, and
disaster mismanagement into one streamlined organization, the
Department of Homeland Security. Within the Department of Homeland
Security will be four primary divisions: the Border and Transportation
Security Directorate, the Emergency Preparedness and Response Division,
the Science and Technology Directorate, and the Information Analysis
and Infrastructure Protection Directorate.
More importantly, H.R. 5710 restructures key agencies by shifting
control of their directives to the new Department of Homeland Security.
A key example of this is the abolishment of the Immigration and
Naturalization Service (INS). Instead, the bill creates two new agency
components, one responsible for immigration enforcement and visa
matters, and the other handling citizenship matters. This provision is
similar to legislation I co-sponsored in the previous 106th Congress,
which would have split the INS into separate agencies to make it more
efficient, accountable, and fair with regard to general immigration and
citizenship matters. I am pleased that H.R. 5710 includes these crucial
reforms, as the INS is an agency in dire need of overhaul.
Mr. Speaker, I am pleased that H.R. 5710 includes provisions similar
to H.R. 4598, the Homeland Security Information Sharing Act, which will
require the administration to develop procedures for the sharing of
both classified and declassified information between federal agencies
and the appropriate state and local authorities. Furthermore, existing
barriers against the sharing of foreign intelligence are relaxed as
well. As was so clearly demonstrated by the events of September 11th,
the failure to share and disseminate crucial intelligence and timely
threat information through the appropriate channels can have
devastating consequences. While I understand the necessity of
protecting intelligence-gathering methods, I believe that in order for
there to be truly effective and comprehensive homeland security, state
and local officials must be adequately informed of pending threats
facing their communities. I believe H.R. 5710 strikes that careful
balance between the protection of intelligence methods and the
dissemination of necessary intelligence to state and local authorities,
information crucial to them in protecting their communities.
Mr. Speaker, while I am in strong support of the core concepts behind
the Department of Homeland Security, I continue to have some concerns
about specific aspects of the legislation. I am concerned about
provisions which would allow the new Department to establish a new
personnel management system and pay systems for its employees, outside
of the existing civil service system, which could possibly undermine
important civil service protections. However, I am pleased that the
current version of homeland security legislation, H.R. 5710, is an
improvement over the House-passed H.R. 5005 in regards to civil service
protection, because it allows for a period of notification, provides
venues of mediation, and includes provisions for appeal procedures.
In addition, H.R. 5710 also limits legal liability for certain anti-
terrorism products certified by the new Department. While the desire to
promote the widespread commercial use of innovative new technology
against terrorism is laudable, I believe it should not come at the
expense of important legal accountability and safety standards.
However, I also find that there is much in H.R. 5710 that is very
necessary for passage and enactment including authorization for
Department of Health and Human Services to administer the smallpox
vaccine to segments of the public, and the creation of tax-deductible
charitable funds to be used to compensate
[[Page H8711]]
military, law enforcement, and intelligence personnel killed in the
line of duty as a result of a terrorist action.
For all these reasons, Mr. Speaker, I will support H.R. 5710, and
support the effort to create this timely and vital cabinet-level
Department. I urge my colleagues to join me as we take the steps
necessary towards protecting our country from future potential attacks
and to send a message to the American people before we adjourn the
107th Congress that this Congress, their Congress is determined and
resolute in protecting them and their families at all costs.
Mr. BOEHLERT. Mr. Speaker, I rise in strong support of H.R. 5710, a
bill too long delayed, which will establish a Department of Homeland
Security. I want to acknowledge the perseverance of the President and
the Leadership, which has enabled this bill to come before us today. I
also want to acknowledge the long weekends and nights of hard work that
went into this bill, especially by Margaret Peterlin and the rest of
the Majority Leader's staff. We appreciate the close working
relationship our staff on the Science Committee has had with the
Leadership staff.
Mr. Speaker, I'll be quite brief today because I outlined the Science
Committee's perspective on this bill when H.R. 5005 passed in July.
Let me just say now that I am delighted that the Department of
Homeland Security will have an Under Secretary for Science and
Technology. As I keep saying, the war against terrorism, like Cold War,
will be won as much in the laboratory as on the battlefield. With that
in mind, we felt it essential that the Department have a directorate
and an Under Secretary with clear responsibility for R&D across the
Department. I'm pleased that just about everyone has come around to
this point of view.
I believe that cybersecurity and R&D will be among the areas in which
the Department will make its greatest contribution. These are areas in
which the Department will not just improving coordination among
existing agencies, but will have to build new capacity from the
relatively limited building blocks that are being transferred into the
Department. I urge passage of this bill.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise in reluctant
opposition to the Homeland Security Act today. There is not one Member
of Congress who does not want to stand in a united front in our war
against terrorism. And like all Members of this body, I recognize the
importance of strengthening homeland security. The people of the 30th
Congressional District of Texas have entrusted me to do both. However,
in keeping with that trust, I could not vote for legislation that
creates a sprawling bureaucracy while leaving so many important
security questions unanswered.
Let me be clear that I remain committed to providing all of the
resources necessary to combat terrorism through a strong, efficient
Department of Homeland Security. I am also extremely supportive of the
provision in this legislation that extends the December 31, 2002
deadline an additional year for airports to install explosives
detection equipment. In my district in Texas, DFW Airport desperately
needs more time to install the equipment necessary for the baggage
screening deadline. I worked with leadership to ensure DFW would be
granted this extension, and I commend negotiators of this legislation
for including this desperately needed provision.
Unfortunately, the underlying legislation remains unacceptable for a
number of reasons, and I must oppose the bill. I strongly oppose the
provision in this legislation that will arm commercial airline pilots
and strip away civil service protections for our nation's federal
workers. As I have repeatedly said during this debate, arming pilots is
simply not the answer to improving our airline security. If we truly
want to increase safety aboard our nation's aircraft, we should
concentrate our resources on putting Air Marshals on 100 percent of all
flights. I must continue to stress to my colleagues that there are many
unanswered questions as to whether widespread arming of pilots would
create more safety hazards than security benefits.
I also remain concerned that Republicans, under the guise of homeland
security, have made this legislation on assault on the civil service
protections of our nation's federal workers. Among its provisions,
legislation would allow DHS to arbitrarily reduce salaries of employees
without giving them a legitimate appeals process comparable to
employees of other federal departments. I cannot support this attempt
to rob workers of their key employment protections.
I am also concerned about the disregard the formation of DHS has
shown for the committee process. When the Science Committee marked up
the Homeland Security legislation in July, I offered an amendment that
would have aligned federally funded research at the new department with
existing policies at the Departments of Defense and Energy. My
amendment was based upon a sound, proven policy for dealing with
classified research as articulated in 1985 by former President Ronald
Reagan in National Security Decision Directive 189. My amendment was
adopted by a bipartisan majority of almost 2 to 1. Yet when the
Homeland Security legislation proceeded to the Select Committee, my
amendment was stripped from the Science Committee's mark.
When I asked my friend and colleague from North Texas, Mr. Armey, why
an amendment that passed in committee with overwhelming support was not
included, he told me that the Science Committee did not support the
amendment. I was unable to offer my amendment on the floor of the
House, presumably for the same reason. As a result, once the Department
of Homeland Security is signed into law, we will have federal agencies
that conduct classified research in two very different ways, regardless
of the fact that one of these ways has been proven to be sound policy
in its almost two decades of use. This is very unfortunate, because it
is contrary to the expert advice provided at the Science Committee's
October 10, 2002, hearing entitled, ``Conducting Research During the
War on Terrorism: Balancing Openness and Security''. Witnesses from
academia and the Bush Administration attested to the wisdom of NSDD-189
and how it has been a guiding principle in conducting federally funded
classified research.
It is my sincere hope that Congress will heed the advice of expert
witnesses and two decades of proven science policy and reconsider the
guidelines for federally funded classified research at the new DHS.
I realize that this legislation will pass today, and as I have
mentioned, I sincerely wish I could lend my support to it in extending
the current deadline for screening all checked baggage with explosive
detection equipment. But since this bill includes provisions that will
diminish aviation security and protections, I regret that I must vote
against this bill.
Mr. SMITH of Texas. Mr. Speaker, the President has stated about the
creation of a Homeland Security Department: ``[we] face an urgent need,
and we must move quickly, this year, before the end of the
congressional session.'' We fulfill that request today by passing H.R.
5710, the Homeland Security Act.
This bipartisan legislation accomplishes many goals. The Gilmore
Commission stated in 2000 that the national strategy against terrorism
must address intelligence, deterrence, prevention, preemption, crisis
management, and consequence management. This bill does just that.
H.R. 5710 includes the provisions of H.R. 3482, the Cyber Security
Enhancement Act, legislation I introduced that passed the House
overwhelmingly in July. These provisions strengthen the penalties
against those who commit cyber crimes. They also establish the Office
of Science and Technology within the National Institute of Justice,
which guarantees the ability of NIJ to continue managing the important
work of that office.
H.R. 5710 also includes legislation I cosponsored to require
information sharing among Federal, state, and local law enforcement
agencies.
The Department of Homeland Security will have a strong law
enforcement role, but this role is distinct from that of the Department
of Justice, which remains the principal law enforcement agency of the
United States.
The role of the Department of Justice is further enhanced by the
transfer to it the Bureau of Alcohol, Tobacco and Firearms and the law
enforcement training functions of the Federal Law Enforcement Training
Center.
The Homeland Security bill will improve our nation's immigration
system by restructuring the INS. The INS has proven time after time
that in its current form it is unable to handle the implementation of
our nation's immigration laws. Among other improvements, the INS will
be split into two agencies--one to handle services and one to handle
enforcement. This will greatly improve the effectiveness and efficiency
of our immigration system.
Defending against terrorists who can strike almost any time anywhere
requires a change in how we approach the problem. The Department of
Homeland Security will have a clear focus and clear mission to protect
Americans from terrorists whether inside or outside our borders.
I urge my colleagues to support final passage.
Mr. THOMAS. Mr. Speaker, I rise in support of H.R. 5710 creating the
Homeland Security Act of 2002.
The protection that we seek today with the creation of the new
Department is for our people, our property, and our economy. The U.S.
Customs Service has been on the frontline supporting and defending our
nation for more than 200 years, since its creation by the fifth Act of
Congress as the first Federal agency of the new Republic. The many
functions of Customs are as important today as they were at the start
of our nation.
Passage of the Homeland Security Act of 2002 is the right decision
for the country. This
[[Page H8712]]
country is only as safe and secure as the economy that supports it.
Last year over $1 trillion in merchandise was imported into the
country. That is indispensable fuel for our economy Customs collected
over $20 billion of revenue. I am pleased the final bill keeps
important elements recommended by the Ways and Means Committee in order
to protect the trade functions of the Customs Service that are so vital
to the strength of this land. In particular, the bill keeps Customs
core revenue functions whole, which ensures that the many trade and
enforcement functions will be carried out.
Our bipartisan agreement in this bill:
Transfers the Customs Service in its entirety to the Department of
Homeland Security Division for Border and Transportation Security.
Identifies revenue-related offices and functions within Customs
(about 25 percent of the agency) and prohibits reorganization or
decrease in their resources or staff.
Requires that adequate staffing of customs revenue services be
maintained, and requires timely notice to Congress of actions that
would reduce such service.
Maintains the Commissioner of Customs as Senate-confirmed.
Transfers all authority exercised by Customs to Homeland Security
with the exception of revenue collecting authority, which would remain
at the Treasury Department. Treasury may delegate this authority to
Homeland Security.
On this last point I would like to clarify that our purpose has been
for the Treasury Department to remain integrated in the revenue, trade,
and macroeconomic aspects of Customs' work. As such, we do not expect a
wholesale abandonment of involvement by Treasury. We will scrutinize
any delegation to assure that it fits within the purpose envisioned by
Congress.
For these reasons I urge a ``yes'' vote on House Resolution 5710.
Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise in strong support of
this bill and to commend my good friend, Majority Leader Armey for his
efforts in putting together this bipartisan package. This legislation
will allow us to have a coordinated response to any future terrorist
threat. H.R. 5710 includes many critical provisions I authored that
will allow us to work closely with the private sector to deploy the
latest technology solutions, address ongoing information security
weaknesses within the federal government, and facilitate necessary
information sharing among our critical infrastructures.
The events of September 11th and the ensuing war on terrorism have
raised an unprecedented awareness of the vulnerabilities we face. This
has naturally focused more attention on security issues, particularly
with respect to information security. From my work in the Government
Reform Committee, it is clear that the state of federal information
security suffers from a lack of coordinated, uniform management.
Federal information systems continue to be woefully unprotected from
both malevolent attacks and benign interruptions.
Poor information security management has persisted in both the public
and private sectors long before IT became the ubiquitous engine driving
governmental, business, and even home activities. As our reliance on
technology and our desire for interconnectivity have grown, our
vulnerability to attacks on Federal information systems has grown
exponentially. The high degree of interdependence between information
systems, both internally and externally, exposes the Federal
government's computer networks to potentially serious disruptions.
Title X of H.R. 5710, the Federal Information Security Management Act
(FISMA), will require that agencies utilize information security best
practices that will ensure the integrity, confidentiality, and
availability of Federal information systems. It builds on the
foundation laid by the Government Information Security Reform Act
(GISRA), which requires every Federal agency to develop and implement
security policies that include risk assessment, risk-based policies,
security awareness training, and periodic reviews.
FISMA will achieve several objectives vital to Federal information
security. Specifically, it will:
1. Remove GISRA's sunset clause and permanently require a Federal
agency-wide risk-based approach to information security management with
annual independent evaluations of agency information security
practices;
2. Require all agencies to implement a risk-based management approach
to developing and implementing information security measures for all
information and information systems;
3. Streamline and make technical corrections to GISRA to clarify and
simplify its requirements;
4. Strengthen the role of NIST in the standards-setting process; and
5. Require OMB to implement minimum and mandatory standards for
Federal information and information systems, and to consult with the
Department of Homeland Security regarding the promulgation of these
standards.
At a time when uncertainty threatens confidence in our nation's
preparedness, the Federal government must make information security a
priority. We demand that in our networked era, where technology is the
driver, every Federal information system must be managed in a way that
minimizes both the risk that breach or disruption will occur and the
harm that would result should such a disruption take place. Chairman
Armey understands this and has shown tremendous leadership by this
including this critical language in this legislation.
Additionally, the bill includes the Critical Infrastructure
Protective Act, which I developed after reviewing Presidential Decision
Directive (PDD) 63 that identified the ongoing statutory barriers to
information sharing. This important bill includes a FOIA exemption for
critical infrastructure information along with recognition for private
sector information sharing organizations (ISOs). It also includes a use
protection for information shared with the government and a process
based on the Defense Production Act of 1959 to address potential
antitrust concerns.
In Presidential Decision Directive 63 issued by the previous
Administration, concerns about the Freedom of Information Act,
antitrust, and liability were identified as primary barriers to
facilitating information sharing with the private sector.
The critical infrastructure of the United States is largely owned and
operated by the private sector. Critical infrastructures are those
systems that are essential to the minimum operations of the economy and
government. Traditionally, these sectors operated largely independently
of one another and coordinated with government to protect themselves
against threats posed by traditional warfare. Today, these sectors must
learn how to protect themselves against unconventional threats such as
terrorist attacks, and cyber intrusions.
We must, as a nation, prepare both our public and private sectors to
protect ourselves against such efforts. As we discovered when we went
to the caves in Afghanistan, the Al Qaeda groups had copies of GAO
reports and other government information obtained through FOIA. While
we work to protect our nation's assets in this war against terrorism,
we also need to ensure that we are not arming terrorists.
Today, the private sector has established many information sharing
organizations (ISOs) for the different sectors of our nation's critical
infrastructure. Information regarding potential physical or cyber
vulnerabilities is now shared within some industries, but it is not
shared with the government, and it is not shared across industries. The
private sector stands ready to expand this model but has also expressed
concerns about voluntarily sharing information with the government and
the unintended consequences it could face for acting in good faith.
Specifically, there has been concern that industry could potentially
face antitrust violations for sharing information with other industry
partners, have their shared information be subject to the Freedom of
Information Act, or face potential liability concerns for information
shared in good faith. Additionally, this FOIA exemption extends the
protection for FOIA to information shared at the state and local
government level. Also, this bill gives the Secretary of Homeland
Security the authority to share information protected under this FOIA
exemption to share it with other impacted federal agencies while
continuing to enjoy the protection. My language included in H.R. 5005
will address all three of these concerns. Additionally, consumers and
operators will have the confidence they need to know that information
will be handled accurately, confidentially, and reliably.
The Critical Infrastructure Information Act procedures are closely
modeled after the successful Year 2000 Information and Readiness
Disclosure Act by providing a limited FOIA exemption, civil litigation
protection for shared information, and a new process for resolving
potential antitrust concerns for information, shared among private
sector companies for the purpose of correcting, avoiding, communicating
or disclosing information about a critical infrastructure threat or
vulnerability.
This legislation will enable the private sector, including ISOs, to
move forward without fear from government, so that government and
industry may enjoy a mutually cooperative partnership. This will also
allow us to get a timely and accurate assessment of the vulnerabilities
of each sector to physical and cyber attacks and allow for the
formulation of proposals to eliminate these vulnerabilities without
increasing government regulation, or expanding unfunded federal
mandates on the private sector.
Also, H.R. 5710 includes language that I developed to allow for
reaching out to new technology companies that may not being doing
business with the government. We all know that the Federal, State and
local governments
[[Page H8713]]
will spend billions and billions of dollars to fight the war against
terror. Contentious floor debates aside, we all support these efforts.
But to me, the question isn't simply how much we spend, but how well we
spend it.
Since the tragic events of 9/11 the Government, in general, and the
Office of Homeland Security, in particular has been overwhelmed by a
flood of industry proposals offering various solutions to our homeland
security challenges. Because of a lack of staffing expertise, many of
these proposals have been sitting unevaluated, perhaps denying the
government breakthrough technology.
In February, I held a hearing in my Subcommittee on Technology and
Procurement Policy on homeland security challenges facing the
government. One theme that was expressed unanimously by industry was
the need for an organized, cohesive, comprehensive process within the
Government to evaluate private-sector solutions to homeland security
problems. Now we have part of the solution, with the creation of the
new Department of Homeland Security in the bill on the floor today.
Section 313 of this bill will close the loop and provide a vehicle to
get these solutions into government and to the front lines in the war
against terror.
Section 313 of the Homeland Security Act establishes within the
Department a program to meet the current challenge faced by the Federal
government, as well as by state and local entities, in leveraging
private sector innovation in the fight against terror. The section
would establish a focused effort by:
Creating a centralized Federal clearinghouse in the new Department
for information relating to terror-fighting technologies for
dissemination to Federal, State, local and private sector entities and
to issue announcements to industry seeking unique and innovative anti-
terror solutions.
Establishing a technical assistance team to assist in screening
proposals for terror-fighting technology to assess their feasibility,
scientific and technical merit and cost.
Providing for the new Department to offer guidance, recommendations
and technical assistance to Federal, State, local and private efforts
to evaluate and use anti-terror technologies and provide information
relating to Federal funding, regulation, or acquisition regarding these
technologies.
Since September 11, we have all been struggling to understand what
changes will occur in our daily lives, in our economy, and within the
Government. We now will establish a new Department of Homeland Security
to focus and coordinate the war against terror. The new section 313 in
this landmark legislation will give the new Department the framework it
needs to examine and act on the best innovations the private sector has
to offer.
I am pleased to also have authored section 834 at the request of the
Select Committee to allow federal agencies government-wide to accept
unsolicited proposals. The language directs the FAR Council to amend
FAR Part 15 to ensure that a proposal has not been submitted in
relation to a previously published proposal. This ensures that
contracting officials are not improperly avoiding a full and open
competition. Existing ambiguity in the FAR language made government
contracting officials hesitant to review and accept unsolicited
proposals. The change recognizes the longstanding procurement reform
goal of allowing contracting officials to include ``best value''
factors when reviewing such a proposal, and adds ``technical merit'' as
a new criteria, which allows officials to review a proposal for
potential future benefit. This language is critical as federal agencies
attempt to update their information technology systems to better
integrate information and serve the taxpayer. This is another step
forward in moving the Federal government to a more commercial
acquisition environment. This change in the FAR will allow federal
agencies to rapidly acquire new products and services to assist them in
winning the war on terrorism.
In ordinary times, primarily because of recent acquisition reforms,
the current acquisition system will enable the new Department of
Homeland Security to buy what it needs with reasonable efficiency.
While we all hope that it will never be needed, we also know that in an
emergency the new Department may have to quickly and efficiently
acquire the high tech and sophisticated products and services needed
for its critical mission. The provisions in H.R. 5710 would permit the
Department to quickly acquire the emergency goods and services it needs
while maintaining safeguards against wasteful spending. This authority
is easily accessed by Department of Homeland Security officials through
a written determination.
The acquisition provisions build on contracting authorities currently
place; in fact, the procedures appear in Part 13 of the Federal
Acquisition Regulation and provide for an extension of these
authorities only upon a determination of the Secretary of Homeland
Security or one of his Senatorially confirmed officials that the terror
fighting mission of the new Department would be seriously impaired
without their use. The new authorities would sunset at the end of
fiscal year 2007. The GAO would be required to report to the Committee
on Government Reform assessing the extent to which the authorities
contributed to the mission of the Department, the extent to which the
prices paid reflect best value, and the effectiveness of the safeguards
put in place to monitor the use of the new authorities. The current
government-wide procurement laws will govern the Department's
``normal'' purchases.
Specifically, the provisions would raise the current micro-purchase
threshold from $2,500 to $7,500. It would raise the current $100,000
threshold for simplified acquisition procedures to $200,000 for use
within the United States and $300,000 for overseas missions, and permit
the application of the current streamlined commercial acquisition
procedures and statutory waivers to noncommercial goods and services
and increase the current $5,000,000 ceiling on the use of streamlined
commercial procedures to $7,500,000 for these goods and services.
How could these new authorities be used?
Well, for example, the increase in the micro-purchase threshold could
be used in the event of a terror attack, to permit a Department of
Homeland Security official at the scene to rent several floors of a
nearby hotel to house rescue workers by simply presenting his
Government credit card.
The increase in the simplified acquisition threshold would permit a
Department official to quickly enter into a $200,000 contract for
specialized medical services for rescue workers responding to a terror
attack.
The application of streamlined commercial acquisition procedures
would permit the Department to conduct a limited competition among high
technology firms for a specialized advisory and assistance services
contract valued at $7,500,000 to fight a cyber-attack.
Moreover, I am pleased that the House accepted the Senate Federal
Emergency Procurement Flexibility Act. This basically extends the same
emergency procedures given to the new Department to all Federal
agencies to use to prepare for, or in response to a nuclear,
biological, chemical, or radiological attack or an act of terrorism for
the next fiscal year. This is based on legislation that I had
introduced with my colleague and Chairman, Dan Burton and with Senators
John Warner and Fred Thompson at the request of Governor Tom Ridge.
While this authority is not as accessible as it is for the Department
of Homeland Security, it will certainly go a long way to giving all
federal agencies additional help in winning the war on terrorism.
H.R. 5710 gives the Administration the necessary management
flexibilities it will need to set up the new Department while
maintaining longstanding statutory protections for the American
taxpayer and for federal employees. In the civil service area, we
struck the proper balance between needed flexibility and important
employee protections. Dedicated federal employees, by virtue of the
bill's new 30-day mediation period, have received the assurances they
asked for, while the American people will have the benefit of a
flexible, modern-day workforce that can respond to ever-evolving
threats.
I worked hard to make sure aspects of Senator Voinovich's human
capital management legislation were included in the legislation; for
example, having Human Capital Officers within each agency ensures that
the Department's employees will be given the tools they need to prosper
and develop professionally. And the demonstration project authority,
which includes a pay-for-performance component, is a critical step that
will help give the new department the ability to attract and retain the
very best employees.
Finally, Mr. Speaker, I would again like to thank Majority Leader
Armey for his outstanding leadership on this vital piece of
legislation. Today, we are giving President Bush legislation that he
has deemed critical to winning the war on terrorism. Majority Leader
Armey and his talented staff worked tirelessly to ensure that we would
get this legislation done this year. I am proud to have worked with my
House colleagues and the Select Committee on H.R. 5710.
Mr. STENHOLM. Mr. Speaker, the protection of our national security
from terrorist threats is a serious and sober matter. Since the events
of September 11, 2001, we have all labored under a heightened awareness
of the weight of that responsibility. This legislation represents an
attempt to balance a wide array of far-flung government duties against
one most-significant federal duty, the protection of the life and the
liberty of each U.S. citizen. It is my hope that this legislation will
help our government to more effectively execute that supreme trust,
while not compromising lesser responsibilities that are, non-the-less,
critical to our nation's welfare.
With that hope in mind, the House Committee on Agriculture acted
earlier this year to mark up provisions of the Homeland Security
[[Page H8714]]
legislation that impacted the duties of the U.S. Department of
Agriculture. Two areas of concern were the transfer of the Plum Island
Animal Disease Laboratory to the new Department of Homeland Security,
and the transfer of certain USDA border inspection functions to that
same new agency. Our intent as included in House Report 107-609
accompanying H.R. 5005 is as follows:
Sec. 310. Transfer of Plum Island Animal Disease Center, Department
of Agriculture. Transfers the Plum Island Animal Disease Center from
the Department of Agriculture to the Department of Homeland Security
and requires the Secretary of Agriculture and the Secretary of Homeland
Security, upon completion of the transfer, to enter into an agreement
providing for continued access by USDA for research, diagnostic and
other programs.
The Committee recognizes the critical importance of the Plum Island
Animal Disease Center to the safety and security of animal agriculture
in the United States. The Committee expects that the transfer of this
foreign animal disease facility to the Department of Homeland Security
shall be completed in a manner that minimizes any disruption of
agricultural research, diagnostic or other Department of Agriculture
activities. Likewise, the Committee expects that funds that have and
continue to be appropriated for the maintenance, upgrade, or
replacement of agricultural research, diagnostic and training
facilities at the Plum Island Animal Disease Center shall continue to
be expended for those purposes.
The Committee shares the goal of expanding the capabilities of the
Plum Island Animal Disease Center. Likewise, the Committee supports the
accompanying goal of building agro-terrorism prevention capabilities
within the Department of Homeland Security. With this in mind, the
Committee fully expects that in the absence of alternative facilities
for current Department of Agriculture activities, the Secretary of
Homeland Security shall make every possible effort to expand and
enhance agricultural activities related to foreign animal diseases at
the Plum Island Animal Disease Center.
Sec. 421. Transfer of Certain Agricultural Inspection Functions of
the Department of Agriculture.
(a) Transfers to the Secretary of Homeland Security the functions of
the Secretary of Agriculture relating to agricultural import and entry
inspection activities.
The committee is aware that the Agricultural Quarantine and
Inspection Program of the Department of Agriculture's Animal and Plant
Health Inspection Service conducts numerous activities with respect to
both domestic and international commerce in order to protect the health
of agriculturally important animals and plants within the United
States. Within the Department of Homeland Security will be created a
mission area of Border and Transportation Security. In order that the
new streamlined border security program operates efficiently, the
Committee has transferred to the Department of Homeland Security the
responsibility for certain agricultural import and entry inspection
activities of the Department of Agriculture conducted at points of
entry. This transfer will include the inspection of arriving
passenger's luggage, cargo and means of conveyance into the United
States to the Under Secretary for Border and Transportation Security.
In addition to inspections at points of entry into the United States,
responsibility for inspections of passengers, luggage and their means
of conveyance, at points of departure outside the United States, where
agreements exist for such purposes, shall be the responsibility of the
Secretary of Homeland Security. The provision allows the Secretary of
Homeland Security to exercise authorities related to import and entry
inspection functions transferred including conducting warrantless
inspections at the border, collecting samples, holding and seizing
articles that are imported into the United States in violation of
applicable laws and regulations, and assessing and collecting civil
penalties at the border. The Committee intends that the Department of
Agriculture will retain the responsibility for all other activities of
the Agricultural Quarantine and Inspection Program regarding imports
including pre-clearance of commodities, trade protocol verification
activities, fumigation activities, quarantine, diagnosis, eradication
and indemnification, as well as other sanitary and phytosanitary
measures. All functions regarding exports, interstate and intrastate
activities will remain at the Department of Agriculture.
(b) Delineates the laws governing agricultural import and entry
inspection activities that are covered by the transfer of authorities.
The Committee is aware that the authority to inspect passengers,
cargo, and their means of conveyance coming into the United States is
derived from numerous statutes that date back, in some cases, more than
100 years. The Committee does not intend that the reference to these
statutes should be construed to provide any authority to the Secretary
of Homeland Security beyond the responsibility to carry out inspections
(including pre-clearance inspections of passengers, luggage and their
means of conveyance in such countries where agreements exist for such
purposes) and enforce the regulations of the Department of Agriculture
at points of entry into the United States.
(c) Excludes quarantine activities from the term ``functions'' as
defined by this Act for the purposes of this section.
While agricultural inspection functions, as well as those related
administrative and enforcement functions, shall be transferred and
become the responsibility of the Secretary of Homeland Security, the
legislation retains all functions to quarantine activities and
quarantine facilities within the Department of Agriculture. Although
the Committee has excluded quarantine activities from those functions
transferred to the Department of Homeland Security, the Committee does
not intend to preclude the Secretary of Homeland Security from taking
actions related to inspection functions such as seizure or holding of
plant or animal materials entering the United States. These authorities
fall within the purview of inspection related enforcement functions
that shall be transferred to the Secretary of Homeland Security.
(d) Requires that the authority transferred to the Secretary of
Homeland Security shall be exercised in accordance with the
regulations, policies and procedures issued by the Secretary of
Agriculture; requires the Secretary of Agriculture to coordinate with
the Secretary of Homeland Security whenever the Secretary of
Agriculture prescribes regulations, policies, or procedures for
administering the covered laws related to the functions transferred
under subsection (a); provides that the Secretary of Homeland Security,
in consultation with the Secretary of Agriculture, may issue guidelines
and directives to ensure the effective use of personnel of the
Department of Homeland Security to carry out the transferred functions.
One intention of this legislation is to create a streamlined Border
and Transportation Security program at points of entry into the United
States. With regard to the protection of animal and plant health, the
Committee does not intend or expect the Department of Homeland Security
to make the determination of what animals, plants, animal or plant
products, soils, or other biological materials present an unacceptable
risk to the agriculture of the United States. Policies and procedures
regarding actions necessary to detect and prevent such unacceptable
risks shall remain the responsibility of the Secretary of Agriculture.
Likewise, policies and regulations defining restrictions on movement
into the United States of substances that would pose a threat to
agriculture shall continue to be the responsibility of the Secretary of
Agriculture.
The Committee has provided authority for the Secretary of Homeland
Security to issue directives and guidelines in consultation with the
Secretary of Agriculture in order to efficiently manage inspection
resources. When exercising this authority, the Committee expects that
the agricultural inspection function at points of entry into the United
States shall not be diminished, and as a result, the Committee expects
that Secretary of Homeland Security shall ensure that necessary
resources are dedicated to carrying out agricultural inspection
functions transferred from the Department of Agriculture.
(e) Requires the Secretary of Agriculture and the Secretary of
Homeland Security to enter into an agreement to effectuate the transfer
of functions. The agreement must address the training of employees and
the transfer of funds. In addition the agreement may include authority
for the Secretary of Homeland Security to perform functions delegated
to APHIS for the protection of domestic livestock and plants, as well
as authority for the Secretary of Agriculture to use employees of the
Department of Homeland Security to carry out APHIS functions.
The Committee is aware of the unique nature and the specialized
training necessary for effective and efficient border inspection
activities carried out by the Agricultural Quarantine and Inspection
Program. The Committee expects that the training of personnel and
detector dogs for this highly specialized function will continue to be
supervised by the Department of Agriculture.
While a large proportion of the personnel employed by the
Agricultural Quarantine and Inspection Program are permanently
stationed at one of 186 points of entry into the United States, the
Committee is aware that the Secretary of Agriculture commonly redeploys
up to 20% of the border inspection force in order to manage
agricultural pests and diseases throughout the United States. In
completing the transfer of Agricultural Quarantine and Inspection
Program border inspectors to the Department of Homeland Security, the
Committee expects that the Secretary of Agriculture and the Secretary
of Homeland Security will enter into an agreement whereby inspection
resources, where possible, would continue to be made available to the
Secretary of Agriculture in response to domestic agricultural needs.
[[Page H8715]]
(f) Provides that the Secretary of Agriculture shall transfer funds
collected by fee authorities to the Secretary of Homeland Security so
long as the funds do not exceed the proportion of the costs incurred by
the Secretary of Homeland Security in carrying out activities funded by
such fees.
Beginning in fiscal year 2003, the unobligated balance of the
Agricultural Quarantine and Inspection Fund will be transferred to
other accounts within the Department of Agriculture and will be used to
carry out import and domestic inspection activities, as well as animal
and plant health quarantine activities, without additional
appropriations. Fees for inspection services shall continue to be
collected and deposited into these accounts in the manner prescribed by
regulations issued by the Secretary of Agriculture. In effectuating the
transfer of agricultural import inspection activities at points of
entry into the United States, the Committee intends that funds from
these accounts shall be transferred to the Department of Homeland
Security in order to reimburse the Department of Homeland Security for
the actual inspections carried out by the Department. The Committee
expects that the Secretary of Agriculture shall continue to manage
these accounts in a manner that ensures the availability of funds
necessary to carry out domestic inspection and quarantine programs.
(g) Provides that during the transition period, the Secretary of
Agriculture shall transfer to the Secretary of Homeland Security up to
3,200 full-time equivalent positions of the Department of Agriculture.
(h) Makes conforming amendments to Title V of the Agricultural Risk
Protection Act of 2000 related to the protection of inspection animals.
Mr. COMBEST. Mr. Speaker, I rise in support of H.R. 5710, the
Homeland Security Act of 2002. I appreciate the cooperation of the
Select Committee on Homeland Security as the Agriculture Committee
developed it's recommendations relating to agricultural import and
entry inspection activities and the Plum Island Animal Disease Center.
The inspection programs administered by the Animal and Plant Health
Inspection Service are designed to prevent both the intentional and
inadvertent introduction of harmful plant and animal pests and diseases
into the U.S. ecosystem--pests and diseases that could threaten the
abundance and variety of the U.S. food supply and cost American
taxpayers hundreds of millions of dollars to eradicate.
On average, more than 250,000 people travel to the United States each
day. In addition, there are millions and millions of pieces of
international mail and countless commercial import and export
shipments. As part of the USDA program, Plant Protection and Quarantine
officers, with help from detector dogs in the USDA's Beagle Brigade
which sniff luggage for hidden fruits and vegetables, inspect passenger
baggage, mail, and cargo at all U.S. ports of entry.
USDA officers make about 2 million interceptions of illegal
agricultural products every year. Included in that total are more than
295,000 lots of unauthorized meat and animal byproducts that have the
potential to carry diseases to American livestock and poultry.
Inspectors also find nearly more than a 100,000 plant pests and
diseases that could have been dangerous to our agricultural industry.
The Administration's original proposal to move APHIS in its entirety
was made in good faith. However, many of our constituents raised
concerns about the scope of the proposal. While most organizations
testified that the border inspection function of the USDA could
theoretically be transferred, they did so with many concerns regarding
the delivery of inspection services critical to the mission of
safeguarding against the introduction of plant and animal pests and
diseases.
After a hearing in the Agriculture Committee on June 26th, and
numerous meetings with the Officer of Homeland Security, the
Administration agreed to accept modifications of their original
proposal. Instead of taking the entire Animal Plant & Health Inspection
Service to the Department of Homeland Security, the Administration has
accepted our proposal transferring just those agency personnel actually
conducting import and entry inspections. The Plum Island Animal Disease
Center would be transferred to the new Department, but access would be
provided for USDA to continue research, diagnostic and other necessary
activities.
Under our recommendation, the rest of APHIS would remain at the
Department of Agriculture and would continue to operate largely as it
does today. Additionally, USDA will set the policy for the border
inspections to be conducted by the Department of Homeland Security and
will supervise the training of those inspectors. All of the remaining
functions, such as protecting animal and plant health, facilitating
imports and exports, administering the Animal Welfare Act, operating
Wildlife Services and providing technical support for trade
negotiations, will remain at USDA.
Mr. Speaker, further clarification of the intent of the House
Committee on Agriculture was included in House Report 107-609 which
accompanied the original legislation--H.R. 5005. The description of the
Committee's action and a statement of Congressional intent with regards
to the provisions affecting agricultural programs is as follows:
Sec. 310. Transfer of Plum Island Animal Disease Center, Department
of Agriculture. Transfers the Plum Island Animal Disease Center from
the Department of Agriculture to the Department of Homeland Security
and requires the Secretary of Agriculture and the Secretary of Homeland
Security, upon completion of the transfer, to enter into an agreement
providing for continued access by USDA for research, diagnostic and
other programs.
The Committee recognizes the critical importance of the Plum Island
Animal Disease Center to the safety and security of animal agriculture
in the United States. The Committee expects that the transfer of this
foreign animal disease facility to the Department of Homeland Security
shall be completed in a manner that minimizes any disruption of
agricultural research, diagnostic or other Department of Agriculture
activities. Likewise, the Committee expects that funds that have and
continue to be appropriated for the maintenance, upgrade, or
replacement of agricultural research, diagnostic and training
facilities at the Plum Island Animal Disease Center shall continue to
be expended for those purposes.
The Committee shares the goal of expanding the capabilities of the
Plum Island Animal Disease Center. Likewise, the Committee supports the
accompanying goal of building agro-terrorism prevention capabilities
within the Department of Homeland Security. With this in mind, the
Committee fully expects that in the absence of alternative facilities
for current Department of Agriculture activities, the Secretary of
Homeland Security shall make every possible effort tot expand and
enhance agricultural activities related to foreign animal diseases at
the Plum Island Animal Disease Center.
Sec. 421. Transfer of Certain Agricultural Inspection Functions of
the Department of Agriculture.
(a) Transfers to the Secretary of Homeland Security the functions of
the Secretary of Agriculture relating to agricultural import and entry
inspection activities.
The Committee is aware that the Agricultural Quarantine and
Inspection Program of the Department of Agriculture's Animal and Plant
Health Inspection Service conducts numerous activities with respect to
both domestic and international commerce in order to protect the health
of agriculturally important animals and plants within the United
States. Within the Department of Homeland Security will be created a
mission area of Border and Transportation Security. In order that the
new streamlined border security program operates efficiently, the
Committee has transferred to the Department of Homeland Security the
responsibility for certain agricultural import and entry inspection
activities of the Department of Agriculture conducted at points of
entry. This transfer will include the inspection of arriving
passengers, luggage, cargo and means of conveyance into the United
States to the Under Secretary for Border and Transportation Security.
In addition to inspection at points of entry into the United States,
responsibility for inspections of passengers, luggage and their means
of conveyance, at points of departure outside the United States, where
agreements exist for such purposes, shall be the responsibility of the
Secretary of Homeland Security. The provision allows the Secretary of
Homeland Security to exercise authorities related to import and entry
inspection functions transferred including conducting warrantless
inspections at the border, collecting samples, holding and seizing
articles that are imported into the United States in violation of
applicable laws and regulations, and assessing and collecting civil
penalties at the border. The Committee intends that the Department of
Agriculture will retain the responsibility for all other activities of
the Agricultural Quarantine and Inspection Program regarding imports
including pre-clearance of commodities, trade protocol verification
activities, fumigation activities, quarantine, diagnosis, eradication
and indemnification, as well as other sanitary and phytosanitary
measures. All functions regarding exports, interstate and intrastate
activities will remain at the Department of Agriculture.
(b) Delineates the laws governing agricultural import and entry
inspection activities that are covered by the transfer of authorities.
The Committee is aware that the authority to inspect passengers,
cargo, and their means of conveyance coming into the United States is
derived from numerous statutes that date back, in some cases, more than
100 years. The Committee does not intend that the reference to these
statutes should be construed to provide any authority to the Secretary
of Homeland Security beyond the responsibility to carry out inspections
(including pre-clearance inspections of passengers, luggage and
[[Page H8716]]
their means of conveyance in such countries where agreements exist for
such purposes) and enforce the regulations of the Department of
Agriculture at points of entry into the United States.
(c) Excludes quarantine activities from the term ``functions'' as
defined by this Act for the purposes of this section.
While agricultural inspection functions, as well as those related
administrative and enforcement functions, shall be transferred and
become the responsibility of the Secretary of Homeland Security, the
legislation retains all functions related to quarantine activities and
quarantine facilities within the Department of Agriculture. Although
the Committee has excluded quarantine activities from those functions
transferred to the Department of Homeland Security, the Committee does
not intend to preclude the Secretary of Homeland Security from taking
actions related to inspection functions such as seizure or holding of
plant or animal materials entering the United States. These authorities
fall within the purview of inspection related enforcement functions
that shall be transferred to the Secretary of Homeland Security.
(d) Requires that the authority transferred to the Secretary of
Homeland Security shall be exercised in accordance with the
regulations, policies and procedures issued by Secretary of
Agriculture; requires the Secretary of Agriculture to coordinate with
the Secretary of Homeland Security whenever the Secretary of
Agriculture prescribes regulations, policies, or procedures for
administering the covered laws related to the functions transferred
under subsection (a); provides that the Secretary of Homeland Security,
in consultation with the Secretary of Agriculture, may issue guidelines
and directives to ensure the effective use of personnel of the
Department of Homeland Security to carry out the transferred functions.
One intention of this legislation is to create a streamlined Border
and Transportation Security program at points of entry into the United
States. With regard to the protection of animal and plant health, the
Committee does not intend or expect the Department of Homeland Security
to make the determination of what animals, plants, animal or plant
products, soils, or other biological materials present an unacceptable
risk to the agriculture of the United States. Policies and procedures
regarding actions necessary to detect and prevent such unacceptable
risks shall remain the responsibility of the Secretary of Agriculture.
Likewise, policies and regulations defining restrictions on movement
into the United States of substances that would pose a threat to
agriculture shall continue to be the responsibility of the Secretary of
Agriculture.
The Committee has provided authority for the Secretary of Homeland
Security to issue directives and guidelines in consultation with the
Secretary of Agriculture in order to efficiently manage inspection
resources. When exercising this authority, the Committee expects that
the agricultural inspection function at points of entry into the United
States shall not be diminished, and as a result, the Committee expects
that Secretary of Homeland Security shall ensure that necessary
resources are dedicated to carrying out the agricultural inspection
functions transferred from the Department of Agriculture.
(e) Requires the Secretary of Agriculture and the Secretary of
Homeland Security to enter into an agreement to effectuate the transfer
of functions. The agreement must address the training of employees and
the transfer of funds. In addition the agreement may include authority
for the Secretary of Homeland Security to perform functions delegated
to APHIS for the protection of domestic livestock and plants, as well
as authority for the Secretary of Agriculture to use employees of the
Department of Homeland Security to carry out APHIS functions.
The Committee is aware of the unique nature and the specialized
training necessary for effective and efficient border inspection
activities carried out by the Agricultural Quarantine and Inspection
Program. The Committee expects that the training of personnel and
detector dogs for this highly specialized function will continue to be
supervised by the Department of Agriculture.
While a large proportion of the personnel employed by the
Agricultural Quarantine and Inspection Program are permanently
stationed at one of 186 points of entry into the United States, the
Committee is aware that the Secretary of Agriculture commonly redeploys
up to 20% of the border inspection force in order to manage
agricultural pests and diseases throughout the United States. In
completing the transfer of Agricultural Quarantine and Inspection
Program border inspectors to the Department of Homeland Security, the
Committee expects that the Secretary of Agriculture and the Secretary
of Homeland Security will enter into an agreement whereby inspection
resources, where possible, would continue to be made available to the
Secretary of Agriculture in response to domestic agricultural needs.
(f) Provides that the Secretary of Agriculture shall transfer funds
collected by fee authorities to the Department of Homeland Security so
long as the funds do not exceed the proportion of the costs incurred by
the Secretary of Homeland Security in carrying out activities funded by
such fees.
Beginning in fiscal year 2003, the unobligated balance of the
Agricultural Quarantine and Inspection Fund will be transferred to
other accounts within the Department of Agriculture and will be used to
carry out import and domestic inspection activities, as well as animal
and plant health quarantine activities, without additional
appropriations. Fees for inspection services shall continue to be
collected and deposited into these accounts in the manner prescribed by
regulations issued by the Secretary of Agriculture. In effectuating the
transfer of agricultural import inspection activities at points of
entry into the United States, the Committee intends that funds from
these accounts shall be transferred to the Department of Homeland
Security in order to reimburse the Department of Homeland Security for
the actual inspections carried out by the Department. The Committee
expects that the Secretary of Agriculture shall continue to manage
these accounts in a manner that ensures the availability of funds
necessary to carry out domestic inspection and quarantine programs.
(g) Provides that during the transition period, the Secretary of
Agriculture shall transfer to the Secretary of Homeland Security up to
3,200 full-time equivalent positions of the Department of Agriculture.
(h) Makes conforming amendments to Title V of the Agriculture Risk
Protection Act of 2000 related to the protection of inspection animals.
Mr. NEAL of Massachusetts. Mr. Speaker, I rise today in support of
our mission to protect and secure the homeland, but also to oppose the
efforts of those who excuse corporate expatriation.
Since September 11th, this nation has pulled together to fight the
war on terrorism. And now, with more military action looming, we must
face the fact that fighting a war and combating terrorism costs money.
To fully fund the needs of our military and homeland security, every
American taxpayer, individual and corporation alike, must be prepared
to pay their fair share.
If corporate expatriates are not paying their tax bills (and evidence
shows they avoid paying $4 billion worth), the American people know
that someone will have to pick up the slack. We should use everything
in our arsenal to stop corporate expatriation. No more government
contracts for financial traitors. No more tax benefits for runaway
corporations.
I regret that the Republican leaders struck the very reasonable
federal contract ban from this bill--a ban supported by 318 Members of
this House--and inserted instead an ineffective provision that affects
no one.
Corporate expatriates cheat the federal government out of needed tax
revenues and then have the audacity to return for a federal hand-out.
However, the sensible contract ban passed by the House and then
championed in the Senate by the late Paul Wellstone, was watered down
to the ineffective provision we are debating today. Regrettably, this
provision only affects companies who leave after the date of enactment.
It makes as much sense as closing the barn door after all the cows are
out.
Let's take Tyco, formerly of New Hampshire, now of Bermuda, for
example. Tyco, which will be unaffected by the ban in this bill, avoids
paying $400 million a year in U.S. taxes by setting up a shell
headquarters offshore, but was awarded $182 million in lucrative
defense and homeland security related contracts in 2001 alone. If Tyco
had just paid its tax bill, Congress could have easily paid for 400
explosive detection systems (EDS), which are badly needed to protect
U.S. travelers at airports around the nation.
Or let's examine corporate expatriate Ingersoll-Rand, formerly of New
Jersey, and now also in Bermuda. Ingersoll-Rand, also unaffected by
this bill, earned as much last year in U.S. defense and homeland
security federal contracts as it avoids in U.S. taxes annually merely
by renting a mailbox in Bermuda and calling it `home.' If Ingersoll-
Rand paid its U.S. tax bill, Congress could easily fund the proposed
Cyberspace Warning Intelligence Network estimated to cost $30 million,
or could also buy 400,000 gas masks for American citizens.
Mr. Speaker, the leadership of this House has thwarted all efforts to
have a legitimate debate and vote on HR 3884, The Corporate Patriot
Enforcement Act, a bipartisan bill to deny the benefits to corporations
who flee to tax havens. We must show the American people that this
Congress will not coddle corporate abusers. These financial traitors
are escaping income taxes, and then, profiting from the very government
they have left behind.
I urge my colleagues to fight for tax fairness, any way we can get
it.
Ms. PRYCE of Ohio. Mr. Speaker, it has been nearly five months since
the President
[[Page H8717]]
called upon Congress to create a new Department of Homeland Security,
and nearly four months since the House first took up that task. This
legislation has been through a long journey, full of procedural and
partisan roadblocks, weighed down by special interests, and slowed by a
storm of misdirection.
I could not be more pleased that we are here today with this
compromise legislation that will finally allow us to move the bill to
the President's desk. This is a historic achievement.
In recent days, members of the House and Senate have been through a
thoughtful, thorough, and cooperative process. Every effort was made to
address each concern while maintaining a basic framework that creates
an effective department.
This legislation will give the new Department of Homeland Security
the tools it needs to succeed in its mission. And this, in my mind, is
the key, because the new department's most basic and core mission will
be to secure America from terrorist attack.
On September 11, 2001, the streets of New York and Northern Virginia
were turned to ash, while a grassy field in Pennsylvania played quiet
witness to the final act of a heroic group of Americans. Creation of
the Department of Homeland Security is the bold and necessary next step
we must a take to ensure that this dark day is never repeated.
We are not creating new government, we are creating better
government. We are not legislating new bureaucracy, we are streamlining
to face a new threat. We are making government smarter, more flexible,
and ultimately, better able to secure America.
The perpetrators of terrorism are shadowy and agile, and they target
us like predators without distinction between military target and
ordinary citizen. They are a 21st Century enemy with an agelessly
corrupt goal-destruction of life, elimination of liberty, and
restriction of human freedom.
Our enemy has recognized that our greatest strength--the open society
in which we live--also makes us vulnerable to their attacks. We fight
this enemy not just on battlefields abroad, but in our very cities and
towns. We must be able to respond at home in a strong, coordinated and
agile way.
The new cabinet-level department is only one part of our national
response, but it is an essential part. The new Department will
consolidate the vital preparedness, intelligence analysis, law
enforcement, and emergency response functions that are currently
dangerously dispersed among numerous federal departments and agencies.
And in the process, the legislation balances the need to protect
America with the need to preserve the American way of life that we are
protecting.
Thus far, the government has shown immense resolve and dedication,
going to extraordinary lengths to respond to the terrorist threat. We
are safer than we were on September 10th one year ago. But as the
government's efforts reach the limits of their bureaucracies, we must
rethink our government structure so that our nation can be even
stronger, smarter, and better prepared.
One of our revolutionary forefathers, George Mason, once said,
``Government is, or ought to be, instituted for the common benefit,
protection and security of the people, nation or community.''
Make no mistake--our work today undertakes this very core function of
government to secure the American people. I urge all of my colleagues
to take measure of the task before us, and to support this fair rule
and the underlying bill.
It has been a long journey, but this legislation, and the American
people, are all the better for it.
Mrs. ROUKEMA. Mr. Speaker, I rise today in strong support of H.R.
5710, the Homeland Security Act of 2002.
At last, Members of both parties and the Administration have put
their differences aside and agreed on a strong bill that will make
America safer by creating a Cabinet-level Department of Homeland
Security to unite essential agencies in our fight against terrorism
here at home and abroad.
On the morning of September 11, 2001, a new enemy brought war to our
shores. An enemy that considers any innocent man, woman, or child that
cherishes freedom a target. An enemy that does not necessarily call any
nation home. And an enemy that can hide for years in plain sight and in
our own neighborhoods.
This new kind of war, that makes where we live and work a potential
battleground, calls for a new response. The United States is a nation
at risk of terrorist attacks and it will remain so for the foreseeable
future. We need to strengthen our efforts to protect America, and the
current governmental structure limits our ability to do so.
When President Bush established the Office of Homeland Security in
October 2001, its fundamental mission would be to prevent terrorist
attacks within the United States, reduce America's vulnerability to
terrorism, and minimize the damage and recovery from attacks that do
occur. Mr. Speaker, I believe this new bill will achieve this mission.
The new department will combine 170,000 workers from 22 agencies,
including the ATF, Border Patrol, Coast Guard and Customs Service, into
a Department of Homeland Security with a $37 billion budget. It
balances concerns of federal workers with the need of the President to
make personnel decisions in the interest of national security. It
brings all immigration responsibilities under the Secretary of Homeland
Security. Immigration services will be kept separate from enforcement
functions within the Department. This will provide the INS the
leadership, direction, and focus that I have been advocating for years.
Now all the necessary functions of government to keep our nation safe
at home will fall under one department--where they should be. And that
department will be part of the President's cabinet--and that is where
it should be.
Let me add Mr. Speaker that leading a massive new federal department
that is charged with protecting the homeland during such dangerous
times is a Herculean task. There is no one in the nation more capable
and prepared to provide that leadership than our former colleague Tom
Ridge. Governor Ridge was called on by the President shortly after the
tragic attacks on our nation and stepped into the breach to provide
leadership on homeland security. This is not the first time he has
answered his nation's call in time of war.
His leadership over the past year has prepared our nation and our
government for the task ahead. Governor Ridge will succeed and I wish
him well.
Finally Mr. Speaker, passage of this bill is the last of the profound
accomplishments that this Congress has achieved since September 11,
2001. I am proud of the wise and prudent decisions we have made. Even
though many on both sides have disagreed over details and those details
have taken longer to work out than I would have liked, we have never
disagreed on the goal of our actions. That goal is to protect and
defend our nation in this new and awful era of war.
We may suffer another dastardly attack on our shores--given the
diabolic treachery in which our enemy deals, it is probably certain
they will attempt to attack us again. But we will endure, care for our
own, and stand taller than before. As always, we did not ask for this
war, especially one that attacks us at home. But we will fight it. And
with the help of this legislation--we will win it.
Mr. Speaker, I urge all Members to support this legislation. God
bless America.
Mr. DINGELL. Mr. Speaker, I rise today in strong support of
strengthening our Nation's security, but in intense opposition to this
bill before us. It will create an unwieldy and possibly unworkable
department of 170,000 federal workers, and spend 4.5 billion dollars
doing so.
Without a doubt, every Member of this body supports increasing
America's security. However, I am troubled by the unseemly and
unhelpful rush by the President and this body to hastily legislate on
this matter in the closing days of this Congress. I would note that the
bill we are debating is the result of a deal reached late yesterday. In
fact, this bill was introduced early this morning. Why not let the
public know what we are doing before we do it?
I served in Congress when we created both the Department of
Transportation in 1966 and the Department of Energy in 1977. Congress
held extensive hearings. There was testimony from experts in the
fields. There were lengthy discussions before we created these
Departments. However, even with extensive deliberation in Congress,
folding diverse government agencies into one organization resulted in
bureaucratic chaos that lasted for many years.
Likewise, the rush to create the Transportation Security
Administration after September 11, 2001, has resulted in great
confusion. TSA was created to take over security screening at our
Nation's airports--a straightforward task that has not yet been
accomplished. I think it would be in our Nation's best interest that
the President ensures that the relatively small TSA is properly
functioning before tackling a massive restructuring of the government.
I am also very concerned that this new Department will develop and
operate in a culture of secrecy without adequate and proper public
accountability or Congressional oversight. The changes made to the
Freedom of Information Act are overly broad and restrictive. By
including Section 214 as part of the backroom agreement, this body is
ignoring the bipartisan compromise that was reached in the Senate and
included in both the Senate Government Affairs Committee bill and the
substitute offered by Senators Graham and Miller in favor of the flawed
House provision.
Finally, I note that today we are talking about bureaucratic
reorganization while the White House has opposed Democratic funding
initiatives to enhance port security, equip local fire fighters and
first responders with tools to
[[Page H8718]]
effectively respond to another terrorist attack, and to improve
security at nuclear weapons facilities. In addition, in key critical
infrastructure areas where millions of Americans may be at risk, the
Bush Administration has dropped the ball. For example, at present,
there are no federal standards in place to require chemical plants to
assess their vulnerabilities and take steps to reduce them. The
Attorney General of the United States has failed to conduct or even
initiate an evaluation of the state of chemical facility security
(including the security of transportation regulated substances) as
required by federal law (P.L. 106-40). Bureaucratic reorganization,
even on a grand scale like this bill, is no substitute for real action
with respect to chemical plant security and adequate funding for
critical security needs.
In sum, I have serious concerns about the management and
effectiveness of this new Department. The lessons learned from past
governmental reorganizations is that simply rearranging the
bureaucratic boxes usually does not get the intended result--oftentimes
it gets you more confusion, more expense, more people and less work.
This reorganization may actually make the country more vulnerable
during the lengthy transition period--not less--particularly if it
becomes the substitute for needed action and funding.
Mr. ARMEY. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
The amendment contained in section 2 of H. Res. 600 is considered as
adopted.
Pursuant to H. Res. 600, the bill is considered read for amendment
and the previous question is ordered.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit Offered by Mr. Roemer
Mr. ROEMER. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. ROEMER. I am, in its present form, Mr. Speaker.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Roemer moves to recommit the bill H.R. 5710 to the
Select Committee on Homeland Security with instructions to
report the same back to the House forthwith with the
following amendment:
At the end, add the following new title:
TITLE XVIII--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED
STATES
SEC. 1801. 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. 1802. 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, in Somerset
County, Pennsylvania, 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 (hereinafter in this
title referred to as the ``Joint Inquiry'');
(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. 1803. COMPOSITION OF THE COMMISSION.
(a) Members.--The Commission shall be composed of 10
members, of whom--
(1) 1 member shall be appointed by the President, who shall
serve as a co-chairperson of the Commission;
(2) 1 member shall be appointed by the minority leader of
the Senate, in consultation with the minority leader of the
House of Representatives, who shall serve as a co-chairperson
of the Commission;
(3) 2 members shall be appointed by the majority leader of
the Senate;
(4) 2 members shall be appointed by the Speaker of the
House of Representatives;
(5) 2 members shall be appointed by the minority leader of
the Senate; and
(6) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) 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,
law, public administration, intelligence gathering, commerce
(including aviation matters), and foreign affairs.
(4) Initial meeting.--If 90 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, begin the operations of the
Commission.
(c) Quorum; Vacancies.--After its initial meeting, the
Commission shall meet upon the call of the co-chairpersons 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. 1804. FUNCTIONS OF THE COMMISSION.
(a) In General.--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;
(vii) the role of congressional oversight and resource
allocation; and
(viii) 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.
(b) Relationship to Intelligence Committees' Inquiry.--When
investigating facts and circumstances relating to the
intelligence community, the Commission shall--
(1) first review the information compiled by, and the
findings, conclusions, and recommendations of, the Joint
Inquiry; and
(2) after that review pursue any appropriate area of
inquiry if the Commission determines that--
(A) the Joint Inquiry had not investigated that area;
(B) the Joint Inquiry's investigation of that area had not
been complete; or
(C) new information not reviewed by the Joint Inquiry had
become available with respect to that area.
SEC. 1805. 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) subject to paragraph (2)(A), 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.--
(i) In general.--A subpoena may be issued under this
subsection only upon--
(I) the agreement of the co-chairpersons; or
(II) the affirmative vote of 5 members of the Commission.
(ii) Signature.--Subject to clause (i), subpoenas issued
under paragraph (1)(B) may be issued under the signature of
either co-chairperson or both co-chairpersons 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
[[Page H8719]]
served by any person designated by the co-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) 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.
(c) Information From Federal Agencies.--
(1) In general.--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 either co-chairperson, the
chairperson of any subcommittee created by a majority of the
Commission, or any member designated by a majority of the
Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive Orders.
(d) 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 may 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.
(e) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(f) 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. 1806. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE
ACT.
(a) In General.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of
Reports.--The Commission shall--
(1) hold public hearings and meetings to the greatest
extent feasible; and
(2) release public versions of the reports required under
section 1810 (a) and (b).
(c) Public Hearings.--Any public hearings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive Order.
SEC. 1807. STAFF OF THE COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The co-chairpersons, 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. 1808. 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. 1809. 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. 1810. REPORTS OF THE COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to the
President and Congress interim reports containing such
findings, conclusions, and recommendations for corrective
measures as have been agreed to by a majority of Commission
members.
(b) Final Report.--Not later than 2 years after the date of
the first meeting of the Commission, the Commission shall
submit to the President and Congress a final 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 final 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 final report.
SEC. 1811. 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.
Mr. ROEMER (during the reading). Mr. Speaker, I ask unanimous consent
that the motion to recommit be considered as read and printed in the
Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Indiana?
There was no objection.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Indiana is recognized for 5 minutes in support of his motion to
recommit.
{time} 1945
Mr. ROEMER. Mr. Speaker, before I explain what my motion is, I see on
the other side of the aisle, on the Republican side, somebody that
served on the Committee on Education and the Workforce with me, and
someone who has decided to step down after serving the country so well
through his years, and has managed one of his final bills here.
I would just like to recognize the contributions of the majority
leader, the gentleman from Texas (Mr. Armey), and salute him for his
service to the body.
Mr. Speaker, oftentimes motions to recommit are both partisan and
procedural. This motion is neither one. It is not partisan in that it
is a reflection actually of the substance of a bipartisan agreement
arrived at by members of the intelligence committees in both Chambers,
on both sides of the aisle. It is not only bipartisan, it is
substantive in what it tries to achieve: to create an independent
commission to respond to the national and the international tragedy of
2,900 and 4,800 people dead with the terrorist attack on September 11.
Why on this bill would we offer an independent committee, an
independent blue ribbon commission to
[[Page H8720]]
look at answers as to why this tragic attack was perpetrated upon this
country, and how to prevent future attacks? Why on homeland security?
Well, we passed the defense appropriations bill. In that bill we
increased funding, and we have a plan for fighting terrorism in
Afghanistan and around the world. When we are going to have a Homeland
Security Department, as this bill lays out, we need to make sure that
we understand how and why the September 11 tragedy took place, and to
put all our resources together with the very best people that we can
get to serve on this commission, Democrats and Republicans, to protect
this country from future attacks and to make sure 2,900 people, 290
people, or 29 people do not die in another attack on this great Nation.
So this is not procedural, this is not partisan; this is an
independent commission put forward by people such as Senator Shelby,
Senator McCain, and Senator Lieberman. It is reflective of a vote that
took place in this body on the intelligence authorization bill, that
passed this body, and one that passed the Senate with a 90 to 8 vote.
I think it is critically important that as we have reacted to attacks
like Pearl Harbor on this great Nation, and it took us not 11 months to
react to it but 11 days for President Roosevelt to say that we need to
get to the facts and we need to find the answers, we do not need
political witch-hunts or fingerpointing, we need to protect this
country from any other kind of attack. That is what this independent
blue ribbon commission would set forward. So it is bipartisan and it is
substantive. It is on the right vehicle, the homeland security vehicle.
I may hear from somebody who opposes this that it would delay the
creation of this Homeland Security Department, that the President wants
and needs this bill to create this. It is a high priority of his.
I highly respect the President and his priorities, and respect the
White House for their hard work on this bill. But I also say that this
needs to be done and it needs to be done now. It needs to be done
because we are at the end of the session, in the last few hours of
this, the body's deliberative policymaking, and it needs to be done in
a bipartisan way.
Mr. Speaker, when we read the headlines today in the papers and we
read in the New York Times and the Post and the South Bend Tribune from
my hometown that Osama bin Laden is going to attack, and he is
applauding the attacks in Bali and Tunisia and Yemen and the killing of
American soldiers, and he is prodding them to attack again, we need to
act now. We need to pass with bipartisan votes this recommittal motion.
It is a forthwith recommittal. It would not send the motion back to
the committee, it would come right back to the floor and stay on the
floor. It will not delay one second this homeland security bill.
Mr. ARMEY. Mr. Speaker, I rise in opposition to the motion.
The SPEAKER pro tempore (Mr. LaHood). The gentleman from Texas (Mr.
Armey) is recognized for 5 minutes.
Mr. ARMEY. Mr. Speaker, let me thank the gentleman from Indiana (Mr.
Roemer) for raising this subject. The gentleman is correct, this motion
to recommit is not procedure, it is not partisan; it is substantive,
and it is important. I want to appreciate the gentleman for his
interest and his commitment to this subject.
Why, then, Mr. Speaker, would I ask that we oppose the gentleman's
motion? In all due respect to the gentleman's work, his commitment, and
his fervor for the subject, all of which I applaud, I think we need to
recognize that we had such language in the bill and we took it out. Why
would we do that? Because we felt that it was not comprehensive enough
to do exactly the job the gentleman from Indiana says is important, and
we believed it could be properly structured. That work will be done.
The gentleman says it must be done now. More importantly, I would say
that it must be done correctly. The negotiations between very important
and well-informed members of the Permanent Select Committee on
Intelligence, whose work is to be applauded here, and the White House
and others will go on; so it will be done. Let me encourage the
gentleman to know that.
We have done our job here. We will do this kind of a review. It will
all be done right and it will be done thoroughly and it will be done
soon. But doing it soon is better than doing it now.
I want to thank again the gentleman from Indiana (Mr. Roemer). He is
so correct in encouraging us to get this job done, get it done as
quickly as possible, and get it done right. We must understand and we
must care and we must, for the sake of all of our Nation, prevent any
atrocities like that in the future.
So if I may, Mr. Speaker, close, again with my most sincere
appreciation for the gentleman from Indiana, with respect for what he
proposes and assurance that the gentleman's objectives will be
fulfilled, and fulfilled soon, and ask that the body at this time, for
this moment, reject this motion to recommit and move this other larger
work forward.
Mr. HOLT. Mr. Speaker, we need to pass an Intelligence Authorization
bill before the year is over. If we don't, our nation's intelligence
community will not be able to take advantage of the much-needed
increases in funding that we in Congress have appropriated for them. At
this time in our Nation's history, when we face so many threats, we
simply can't allow that.
But we need to pass an intelligence authorization bill that addresses
all of the challenges we face. That means including the provision so
many of us support for an independent commission to investigate the 911
terrorist attacks.
Many of my constituents lost their loved ones in the World Trade
Center attacks. I am here on the floor today because widows like Lori
Van Auken, Mindy Kleinberg, and Patty Casazza from central New Jersey
do not want other Americans to share the fate of their husbands. They
want our government to ensure that it is doing absolutely everything it
can to prevent future terrorist attacks from claiming American lives.
The Administration keeps telling the public that another terrorist
attack is inevitable. They say it is not whether another attack will
happen, but when it will happen. Another attack is only inevitable if
we do not fully examine what went wrong prior to 911. It is only
inevitable if we do not learn from our mistakes.
All of us want to improve coordination and communication between the
government agencies that are responsible for our security. We want to
streamline and integrate their functions. We want to reform how they
provide for our security and we want to do it in a systematic and
scientific fashion. But we cannot begin fixing things until we know
exactly what is broken.
When a reasonable person gets sick, he goes to the doctor to get a
diagnosis. He does not try to treat himself. When a patient tries to
heal himself sometimes all he does is makes things even worse. That's
why Congressional oversight committees are not enough to fix our
security apparatus.
Both Republicans and Democrats support an independent commission
because we do not believe that agencies like the FBI and CIA are
capable of healing themselves. We believe that they need an independent
commission of experts who will dispassionately and honestly diagnose
their problems and prescribe the proper treatment.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. ROEMER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage. This will be a 15-minute vote on the motion to
recommit followed by a 5-minute vote on passage.
The vote was taken by electronic device, and there were--yeas 203,
nays 215, not voting 13, as follows:
[Roll No. 476]
YEAS--203
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldacci
Baldwin
Barcia
Barrett
Becerra
Bentsen
Berkley
Berman
Berry
Bishop
Blumenauer
Bonior
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson (IN)
Carson (OK)
Clay
Clayton
Clement
Clyburn
Conyers
Costello
Coyne
Cramer
Crowley
Cummings
Davis (CA)
Davis (FL)
Davis (IL)
[[Page H8721]]
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Fossella
Frost
Gephardt
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (TX)
Harman
Hastings (FL)
Hill
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
Kleczka
Kucinich
LaFalce
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lucas (KY)
Luther
Lynch
Maloney (CT)
Maloney (NY)
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Phelps
Pomeroy
Price (NC)
Rahall
Reyes
Rivers
Rodriguez
Roemer
Ross
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Schiff
Scott
Serrano
Sherman
Shows
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Spratt
Stark
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Velazquez
Visclosky
Waters
Watson (CA)
Watt (NC)
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NAYS--215
Aderholt
Akin
Armey
Bachus
Baker
Ballenger
Barr
Bartlett
Barton
Bass
Bereuter
Biggert
Bilirakis
Blunt
Boehlert
Boehner
Bonilla
Bono
Boozman
Brady (TX)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Castle
Chabot
Chambliss
Coble
Collins
Combest
Cooksey
Cox
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Davis, Tom
Deal
DeLay
DeMint
Diaz-Balart
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ferguson
Flake
Fletcher
Foley
Forbes
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goss
Graham
Granger
Graves
Green (WI)
Greenwood
Grucci
Gutknecht
Hansen
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Hulshof
Hunter
Hyde
Isakson
Issa
Istook
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
Kerns
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
McCrery
McHugh
McInnis
McKeon
Mica
Miller, Dan
Miller, Gary
Miller, Jeff
Moran (KS)
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Osborne
Ose
Otter
Oxley
Paul
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Reynolds
Riley
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schaffer
Schrock
Sensenbrenner
Sessions
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skeen
Smith (MI)
Smith (TX)
Souder
Stearns
Sullivan
Sununu
Sweeney
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Tiberi
Toomey
Upton
Vitter
Walden
Walsh
Wamp
Watkins (OK)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--13
Blagojevich
Borski
Condit
Frank
Hooley
Houghton
John
McKinney
Morella
Rangel
Roukema
Shadegg
Stump
{time} 2018
Mr. SAXTON changed his vote from ``yea'' to ``nay.''
Messrs. MASCARA, HILLIARD, and DOGGETT changed their vote from
``nay'' to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. LaHood). The question is on the passage
of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. OXLEY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 299,
nays 121, not voting 11, as follows:
[Roll No. 477]
YEAS--299
Aderholt
Akin
Allen
Andrews
Armey
Baca
Bachus
Baird
Baker
Baldacci
Ballenger
Barcia
Barr
Barrett
Bartlett
Barton
Bass
Bentsen
Bereuter
Berkley
Berry
Biggert
Bilirakis
Bishop
Blunt
Boehlert
Boehner
Bonilla
Bono
Boozman
Boswell
Boucher
Boyd
Brady (TX)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cantor
Capito
Cardin
Carson (OK)
Castle
Chabot
Chambliss
Clay
Clement
Clyburn
Coble
Collins
Combest
Cooksey
Cox
Cramer
Crane
Crenshaw
Crowley
Cubin
Culberson
Cunningham
Davis (CA)
Davis (FL)
Davis, Jo Ann
Davis, Tom
Deal
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Dooley
Doolittle
Dreier
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Everett
Ferguson
Fletcher
Foley
Forbes
Ford
Fossella
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Graves
Green (WI)
Greenwood
Grucci
Gutknecht
Hall (TX)
Hansen
Harman
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Horn
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Kanjorski
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kerns
Kind (WI)
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
LaHood
Langevin
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Mascara
Matheson
McCarthy (NY)
McCrery
McHugh
McInnis
McIntyre
McKeon
Menendez
Mica
Millender-McDonald
Miller, Dan
Miller, Gary
Miller, Jeff
Moore
Murtha
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Ortiz
Osborne
Ose
Otter
Oxley
Pascrell
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Reyes
Reynolds
Riley
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Royce
Ryan (WI)
Ryun (KS)
Sandlin
Sawyer
Saxton
Schaffer
Schiff
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spratt
Stearns
Stenholm
Strickland
Stupak
Sullivan
Sununu
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Toomey
Turner
Udall (CO)
Upton
Vitter
Walden
Walsh
Wamp
Watkins (OK)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Wu
Young (AK)
Young (FL)
NAYS--121
Abercrombie
Ackerman
Baldwin
Becerra
Berman
Blumenauer
Bonior
Brady (PA)
Brown (FL)
Brown (OH)
Cannon
Capps
Capuano
Carson (IN)
Clayton
Conyers
Costello
Coyne
Cummings
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dingell
Doggett
Doyle
Duncan
Evans
Farr
Fattah
Filner
Flake
Gephardt
Gonzalez
Green (TX)
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Holt
Honda
Hostettler
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Johnson, E. B.
Jones (OH)
Kaptur
Kildee
Kilpatrick
Kleczka
Kucinich
LaFalce
Lampson
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lynch
Markey
Matsui
McCarthy (MO)
McCollum
McDermott
McGovern
[[Page H8722]]
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Miller, George
Mollohan
Moran (KS)
Moran (VA)
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Paul
Payne
Rahall
Rivers
Rodriguez
Roemer
Roybal-Allard
Sabo
Sanchez
Sanders
Schakowsky
Scott
Serrano
Sherman
Slaughter
Snyder
Solis
Stark
Thompson (CA)
Tierney
Towns
Udall (NM)
Velazquez
Visclosky
Waters
Watson (CA)
Watt (NC)
Waxman
Weiner
Wexler
Woolsey
Wynn
NOT VOTING--11
Blagojevich
Borski
Condit
Frank
Hooley
Houghton
Morella
Rangel
Roukema
Rush
Stump
{time} 2030
Messrs. ROTHMAN, ROYCE, and BACA changed their vote from ``nay'' to
``yea.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________