[House Report 118-322]
[From the U.S. Government Publishing Office]


118th Congress }                                          { REPORT 
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 118-322

======================================================================
 
       DEPARTMENT OF HOMELAND SECURITY POLICY ISSUANCE REVIEW ACT

                                _______
                                

 December 19, 2023.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Green of Tennessee, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 6231]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 6231) to amend the Homeland Security Act of 2002 
to require a prioritized policy issuance review process for the 
Department of Homeland Security, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     3
Federal Mandates Statement.......................................     4
Duplicative Federal Programs.....................................     4
Statement of General Performance Goals and Objectives............     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Advisory Committee Statement.....................................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     4
Changes in Existing Law Made by the Bill, as Reported............     5

                          Purpose and Summary

    The ``Department of Homeland Security Policy Issuance 
Review Act'' requires the Department of Homeland Security's 
(Department) Undersecretary for Management (Under Secretary) to 
implement a prioritized periodic review process (Review 
Process) of the Department's policy issuance documents. The 
term ``policy issuance document'' is defined as a Department-
level directive, instruction, designation, or delegation issued 
in accordance with Department policy.
    H.R. 6231 assigns the Under Secretary with overseeing the 
Department's process for review and approval of policy issuance 
documents. Furthermore, it requires the Under Secretary to 
provide Congress with a briefing on the Review Process within 
180 days after the date of enactment and annually thereafter. 
The Under Secretary shall include in the briefing: a list of 
all policy issuance documents; a list of all policy issuance 
documents cancelled in the prior year; an explanation of the 
methodology used to prioritize the policy issuance review; the 
procedures used to track and coordinate with Department 
components about issuance, review, and cancellation of all 
policy issuance documents; and the number of staff and 
vacancies within the Management Directorate who support the 
Review Process.

                  Background and Need for Legislation

    Currently, the Department has an internal policy issuance 
review process, which requires all policy issuances to be 
reviewed every two years. The Under Secretary controls the 
review process for the Department's directives, instructions, 
designations, delegations, and other policy implementing 
documents. In recent years, the Department has often failed to 
meet their internal two-year goal for policy review and 
updates. By failing to meet this deadline, some policies are 
outdated or no longer relevant.
    To ensure the Department is regularly reviewing its policy 
documents and corresponding with components about updated 
documents, this bill requires the Under Secretary to implement 
a prioritized policy review process and provide an annual 
briefing to Congress on the status of policy issuance 
documents. With better oversight and annual updates about the 
status of the Department's policy documents, Congress can help 
ensure that Department policies are regularly updated in 
coordination with Department components.

                                Hearings

    The Committee held the following hearing in the 118th 
Congress that informed H.R. 6231:
    On April 19, 2023, the Committee on Homeland Security held 
a hearing entitled ``A Review of the Fiscal Year 2024 Budget 
Request for the Department of Homeland Security.'' The 
Committee received testimony from the Honorable Alejandro 
Mayorkas, Secretary, U.S. Department of Homeland Security.

                        Committee Consideration

    The Committee met on Wednesday, November 8, 2023, a quorum 
being present, to consider H.R. 6231 and ordered the measure to 
be favorably reported to the House by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
recorded votes on the motion to report legislation and 
amendments thereto.
    No recorded votes were requested during consideration of 
H.R. 6231.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X, are incorporated in the descriptive portions of this 
report.

Congressional Budget Office Estimate, New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII and section 308(a) of the Congressional Budget Act of 
1974, and with respect to the requirements of clause 3(c)(3) of 
rule XIII and section 402 of the Congressional Budget Act of 
1974, the Committee adopts as its own the estimate of any new 
budget authority, spending authority, credit authority, or an 
increase or decrease in revenues or tax expenditures contained 
in the cost estimate prepared by the Director of the 
Congressional Budget Office.




    H.R. 6231 would require the Department of Homeland Security 
(DHS) to review its policy issuance documents within 180 days 
of enactment. A policy issuance document is a department-level 
communication that updates policies and procedures, provides 
guidance, and delegates authority to DHS employees and 
component units. DHS uses those documents to implement and 
ensure compliance with public laws, regulations, executive 
orders, and department policy. The bill also would require DHS 
to brief the Congress within one year of enactment and annually 
thereafter on the department's process for reviewing those 
documents.
    Based on the cost of similar activities, CBO estimates that 
conducting the required review and briefing the Congress would 
cost less than $500,000. Any spending would be subject to the 
availability of appropriated funds.
    The CBO staff contact for this estimate is Jeremy Crimm. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act of 1995.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 6231 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the objective of 
H.R. 6231 is to require a prioritized policy issuance review 
process for the Department of Homeland Security.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI, this bill, as reported, 
contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits as defined in clause 9(d), 9(e), or 
9(f) of rule XXI.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that H.R. 6231 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section states the Act may be cited as the 
``Department of Homeland Security Policy Issuance Review Act.''

Section 2. Policy issuance review process

    This section makes the Under Secretary responsible for 
overseeing the Department's process for review and approval of 
policy issuance documents. Within 180 days after enactment, the 
Under Secretary must create a Review Process for Department 
policy issuance documents and provide the Committee on Homeland 
Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a 
briefing on the Review Process. The Under Secretary must 
provide a similar briefing annually thereafter.
    Each briefing by the Under Secretary must include a list of 
all policy issuance documents; a list of all policy issuance 
documents cancelled; an explanation of the methodology used to 
prioritize the policy issuance review; the procedures used to 
track and coordinate with Department components about issuance, 
review, and cancellation of all policy issuance documents; and 
the number of staff and vacancies within the Management 
Directorate who support the review process.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002




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                         TITLE VII--MANAGEMENT

SEC. 701. UNDER SECRETARY FOR MANAGEMENT.

  (a) In General.--The Under Secretary for Management shall 
serve as the Chief Management Officer and principal advisor to 
the Secretary on matters related to the management of the 
Department, including management integration and transformation 
in support of homeland security operations and programs. 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, including policies and directives to achieve 
        and maintain interoperable communications among the 
        components of the Department.
          (5) Facilities, property, equipment, vehicle fleets 
        (under subsection (c)), and other material resources.
          (6) Security for personnel, information technology 
        and communications systems, facilities, property, 
        equipment, and other material resources.
          (7) Strategic management planning and annual 
        performance planning and identification and tracking of 
        performance measures relating to the responsibilities 
        of the Department.
          (8) Grants and other assistance management programs.
          (9) The management integration and transformation 
        within each functional management discipline of the 
        Department, including information technology, financial 
        management, acquisition management, and human capital 
        management, to ensure an efficient and orderly 
        consolidation of functions and personnel in the 
        Department, including--
                  (A) the development of centralized data 
                sources and connectivity of information systems 
                to the greatest extent practicable to enhance 
                program visibility, transparency, and 
                operational effectiveness and coordination;
                  (B) the development of standardized and 
                automated management information to manage and 
                oversee programs and make informed decisions to 
                improve the efficiency of the Department;
                  (C) the development of effective program 
                management and regular oversight mechanisms, 
                including clear roles and processes for program 
                governance, sharing of best practices, and 
                access to timely, reliable, and evaluated data 
                on all acquisitions and investments; and
                  (D) the overall supervision, including the 
                conduct of internal audits and management 
                analyses, of the programs and activities of the 
                Department, including establishment of 
                oversight procedures to ensure a full and 
                effective review of the efforts by components 
                of the Department to implement policies and 
                procedures of the Department for management 
                integration and transformation.
          (10) The development of a transition and succession 
        plan, before December 1 of each year in which a 
        Presidential election is held, to guide the transition 
        of Department functions to a new Presidential 
        administration, and making such plan available to the 
        next Secretary and Under Secretary for Management and 
        to the congressional homeland security committees.
          (11) Reporting to the Government Accountability 
        Office every six months to demonstrate measurable, 
        sustainable progress made in implementing the 
        corrective action plans of the Department to address 
        the designation of the management functions of the 
        Department on the bi-annual high risk list of the 
        Government Accountability Office, until the Comptroller 
        General of the United States submits to the appropriate 
        congressional committees written notification of 
        removal of the high-risk designation.
          (12) The conduct of internal audits and management 
        analyses of the programs and activities of the 
        Department.
          (13) Overseeing the Department's process for review 
        and approval of policy issuance documents.
          [(13)] (14) Any other management duties that the 
        Secretary may designate.
  (b) Waivers for Conducting Business With Suspended or 
Debarred Contractors.--Not later than five days after the date 
on which the Chief Procurement Officer or Chief Financial 
Officer of the Department issues a waiver of the requirement 
that an agency not engage in business with a contractor or 
other recipient of funds listed as a party suspended or 
debarred from receiving contracts, grants, or other types of 
Federal assistance in the System for Award Management 
maintained by the General Services Administration, or any 
successor thereto, the Under Secretary for Management shall 
submit to the congressional homeland security committees and 
the Inspector General of the Department notice of the waiver 
and an explanation of the finding by the Under Secretary that a 
compelling reason exists for the waiver.
  (c) Vehicle Fleets.--
          (1) In general.--In carrying out responsibilities 
        regarding vehicle fleets pursuant to subsection (a)(5), 
        the Under Secretary for Management shall be responsible 
        for overseeing and managing vehicle fleets throughout 
        the Department. The Under Secretary shall also be 
        responsible for the following:
                  (A) Ensuring that components are in 
                compliance with Federal law, Federal 
                regulations, executive branch guidance, and 
                Department policy (including associated 
                guidance) relating to fleet management and use 
                of vehicles from home to work.
                  (B) Developing and distributing a 
                standardized vehicle allocation methodology and 
                fleet management plan for components to use to 
                determine optimal fleet size in accordance with 
                paragraph (4).
                  (C) Ensuring that components formally 
                document fleet management decisions.
                  (D) Approving component fleet management 
                plans, vehicle leases, and vehicle 
                acquisitions.
          (2) Component responsibilities.--
                  (A) In general.--Component heads--
                          (i) shall--
                                  (I) comply with Federal law, 
                                Federal regulations, executive 
                                branch guidance, and Department 
                                policy (including associated 
                                guidance) relating to fleet 
                                management and use of vehicles 
                                from home to work;
                                  (II) ensure that data related 
                                to fleet management is accurate 
                                and reliable;
                                  (III) use such data to 
                                develop a vehicle allocation 
                                tool derived by using the 
                                standardized vehicle allocation 
                                methodology provided by the 
                                Under Secretary for Management 
                                to determine the optimal fleet 
                                size for the next fiscal year 
                                and a fleet management plan; 
                                and
                                  (IV) use vehicle allocation 
                                methodologies and fleet 
                                management plans to develop 
                                annual requests for funding to 
                                support vehicle fleets pursuant 
                                to paragraph (6); and
                          (ii) may not, except as provided in 
                        subparagraph (B), lease or acquire new 
                        vehicles or replace existing vehicles 
                        without prior approval from the Under 
                        Secretary for Management pursuant to 
                        paragraph (5)(B).
                  (B) Exception regarding certain leasing and 
                acquisitions.--If exigent circumstances warrant 
                such, a component head may lease or acquire a 
                new vehicle or replace an existing vehicle 
                without prior approval from the Under Secretary 
                for Management. If under such exigent 
                circumstances a component head so leases, 
                acquires, or replaces a vehicle, such component 
                head shall provide to the Under Secretary an 
                explanation of such circumstances.
          (3) Ongoing oversight.--
                  (A) Quarterly monitoring.--In accordance with 
                paragraph (4), the Under Secretary for 
                Management shall collect, on a quarterly basis, 
                information regarding component vehicle fleets, 
                including information on fleet size, 
                composition, cost, and vehicle utilization.
                  (B) Automated information.--The Under 
                Secretary for Management shall seek to achieve 
                a capability to collect, on a quarterly basis, 
                automated information regarding component 
                vehicle fleets, including the number of trips, 
                miles driven, hours and days used, and the 
                associated costs of such mileage for leased 
                vehicles.
                  (C) Monitoring.--The Under Secretary for 
                Management shall track and monitor component 
                information provided pursuant to subparagraph 
                (A) and, as appropriate, subparagraph (B), to 
                ensure that component vehicle fleets are the 
                optimal fleet size and cost effective. The 
                Under Secretary shall use such information to 
                inform the annual component fleet analyses 
                referred to in paragraph (4).
          (4) Annual review of component fleet analyses.--
                  (A) In general.--To determine the optimal 
                fleet size and associated resources needed for 
                each fiscal year beginning with fiscal year 
                2018, component heads shall annually submit to 
                the Under Secretary for Management a vehicle 
                allocation tool and fleet management plan using 
                information described in paragraph (3)(A). Such 
                tools and plans may be submitted in classified 
                form if a component head determines that such 
                is necessary to protect operations or mission 
                requirements.
                  (B) Vehicle allocation tool.--Component heads 
                shall develop a vehicle allocation tool in 
                accordance with subclause (III) of paragraph 
                (2)(A)(i) that includes an analysis of the 
                following:
                          (i) Vehicle utilization data, 
                        including the number of trips, miles 
                        driven, hours and days used, and the 
                        associated costs of such mileage for 
                        leased vehicles, in accordance with 
                        such paragraph.
                          (ii) The role of vehicle fleets in 
                        supporting mission requirements for 
                        each component.
                          (iii) Any other information 
                        determined relevant by such component 
                        heads.
                  (C) Fleet management plans.--Component heads 
                shall use information described in subparagraph 
                (B) to develop a fleet management plan for each 
                such component. Such fleet management plans 
                shall include the following:
                          (i) A plan for how each such 
                        component may achieve optimal fleet 
                        size determined by the vehicle 
                        allocation tool required under such 
                        subparagraph, including the elimination 
                        of excess vehicles in accordance with 
                        paragraph (5), if applicable.
                          (ii) A cost benefit analysis 
                        supporting such plan.
                          (iii) A schedule each such component 
                        will follow to obtain optimal fleet 
                        size.
                          (iv) Any other information determined 
                        relevant by component heads.
                  (D) Review.--The Under Secretary for 
                Management shall review and make a 
                determination on the results of each 
                component's vehicle allocation tool and fleet 
                management plan under this paragraph to ensure 
                each such component's vehicle fleets are the 
                optimal fleet size and that components are in 
                compliance with applicable Federal law, Federal 
                regulations, executive branch guidance, and 
                Department policy (including associated 
                guidance) pursuant to paragraph (2) relating to 
                fleet management and use of vehicles from home 
                to work. The Under Secretary shall use such 
                tools and plans when reviewing annual component 
                requests for vehicle fleet funding in 
                accordance with paragraph (6).
          (5) Guidance to develop fleet management plans.--The 
        Under Secretary for Management shall provide guidance, 
        pursuant to paragraph (1)(B) on how component heads may 
        achieve optimal fleet size in accordance with paragraph 
        (4), including processes for the following:
                  (A) Leasing or acquiring additional vehicles 
                or replacing existing vehicles, if determined 
                necessary.
                  (B) Disposing of excess vehicles that the 
                Under Secretary determines should not be 
                reallocated under subparagraph (C).
                  (C) Reallocating excess vehicles to other 
                components that may need temporary or long-term 
                use of additional vehicles.
          (6) Annual review of vehicle fleet funding 
        requests.--As part of the annual budget process, the 
        Under Secretary for Management shall review and make 
        determinations regarding annual component requests for 
        funding for vehicle fleets. If component heads have not 
        taken steps in furtherance of achieving optimal fleet 
        size in the prior fiscal year pursuant to paragraphs 
        (4) and (5), the Under Secretary shall provide 
        rescission recommendations to the Committee on 
        Appropriations and the Committee on Homeland Security 
        of the House of Representatives and the Committee on 
        Appropriations and the Committee on Homeland Security 
        and Governmental Affairs of the Senate regarding such 
        component vehicle fleets.
          (7) Accountability for vehicle fleet management.--
                  (A) Prohibition on certain new vehicle leases 
                and acquisitions.--The Under Secretary for 
                Management and component heads may not approve 
                in any fiscal year beginning with fiscal year 
                2019 a vehicle lease, acquisition, or 
                replacement request if such component heads did 
                not comply in the prior fiscal year with 
                paragraph (4).
                  (B) Prohibition on certain performance 
                compensation.--No Department official with 
                vehicle fleet management responsibilities may 
                receive annual performance compensation in pay 
                in any fiscal year beginning with fiscal year 
                2019 if such official did not comply in the 
                prior fiscal year with paragraph (4).
                  (C) Prohibition on certain car services.--
                Notwithstanding any other provision of law, no 
                senior executive service official of the 
                Department whose office has a vehicle fleet may 
                receive access to a car service in any fiscal 
                year beginning with fiscal year 2019 if such 
                official did not comply in the prior fiscal 
                year with paragraph (4).
          (8) Motor pool.--
                  (A) In general.--The Under Secretary for 
                Management may determine the feasibility of 
                operating a vehicle motor pool to permit 
                components to share vehicles as necessary to 
                support mission requirements to reduce the 
                number of excess vehicles in the Department.
                  (B) Requirements.--The determination of 
                feasibility of operating a vehicle motor pool 
                under subparagraph (A) shall--
                          (i) include--
                                  (I) regions in the United 
                                States in which multiple 
                                components with vehicle fleets 
                                are located in proximity to one 
                                another, or a significant 
                                number of employees with 
                                authorization to use vehicles 
                                are located; and
                                  (II) law enforcement 
                                vehicles;
                          (ii) cover the National Capital 
                        Region; and
                          (iii) take into account different 
                        mission requirements.
                  (C) Report.--The Secretary shall include in 
                the Department's next annual performance report 
                required under current law the results of the 
                determination under this paragraph.
          (9) Definitions.--In this subsection:
                  (A) Component head.--The term ``component 
                head'' means the head of any component of the 
                Department with a vehicle fleet.
                  (B) Excess vehicle.--The term ``excess 
                vehicle'' means any vehicle that is not 
                essential to support mission requirements of a 
                component.
                  (C) Optimal fleet size.--The term ``optimal 
                fleet size'' means, with respect to a 
                particular component, the appropriate number of 
                vehicles to support mission requirements of 
                such component.
                  (D) Vehicle fleet.--The term ``vehicle 
                fleet'' means all owned, commercially leased, 
                or Government-leased vehicles of the Department 
                or of a component of the Department, as the 
                case may be, including vehicles used for law 
                enforcement and other purposes.
  (d) Appointment and Evaluation.--The Under Secretary for 
Management shall--
          (1) be appointed by the President, by and with the 
        advice and consent of the Senate, from among persons 
        who have--
                  (A) extensive executive level leadership and 
                management experience in the public or private 
                sector;
                  (B) strong leadership skills;
                  (C) a demonstrated ability to manage large 
                and complex organizations; and
                  (D) a proven record in achieving positive 
                operational results;
          (2) enter into an annual performance agreement with 
        the Secretary that shall set forth measurable 
        individual and organizational goals; and
          (3) be subject to an annual performance evaluation by 
        the Secretary, who shall determine as part of each such 
        evaluation whether the Under Secretary for Management 
        has made satisfactory progress toward achieving the 
        goals set out in the performance agreement required 
        under paragraph (2).
  (e) System for Award Management Consultation.--The Under 
Secretary for Management shall require that all Department 
contracting and grant officials consult the System for Award 
Management (or successor system) as maintained by the General 
Services Administration prior to awarding a contract or grant 
or entering into other transactions to ascertain whether the 
selected contractor is excluded from receiving Federal 
contracts, certain subcontracts, and certain types of Federal 
financial and non-financial assistance and benefits.
  [(e)] (f) Interoperable Communications Defined.--In this 
section, the term ``interoperable communications'' has the 
meaning given that term in section 7303(g) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)).
  (g) Policy Issuance Review Process.--
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this subsection, the Under 
        Secretary for Management shall require a prioritized 
        periodic review process (in this subsection referred to 
        as the ``Review Process'') of Department policy 
        issuance documents.
          (2) Congressional oversight.--Not later than 180 days 
        after the date of the enactment of this subsection and 
        annually thereafter, the Under Secretary for Management 
        shall provide to the Committee on Homeland Security of 
        the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the 
        Senate a briefing on the Review Process, including 
        relating to the Department's record of reviewing and 
        updating existing policy issuance documents. Each such 
        briefing shall include information relating to the 
        following:
                  (A) All policy issuance documents, including, 
                with respect to each such document, the title, 
                policy number, revision number, issue date, and 
                last reviewed date.
                  (B) All policy issuance documents canceled in 
                the prior year.
                  (C) An explanation of the methodology used to 
                prioritize the review of policy issuance 
                documents.
                  (D) The procedures used by the Department to 
                track and coordinate with Department components 
                the issuance, review, and cancellations of 
                policy issuance documents.
                  (E) The number of staff and vacancies within 
                the Management Directorate responsible for 
                supporting the Review Process.
          (3) Definition.--In this subsection the term ``policy 
        issuance document''--
                  (A) means a Department-level directive, 
                instruction, designation, or delegation, issued 
                in accordance with the process referred to in 
                subsection (a)(13) or any process for issuing 
                such documents consistent with Department 
                policy as may be in effect; and
                  (B) does not include documents--
                          (i) issued in accordance with a 
                        process other than a process referred 
                        to in subsection (a)(13) or the Review 
                        Process; or
                          (ii) documents published in the 
                        Federal Register.
          (4) Rule of construction.--Nothing in this subsection 
        may be construed to--
                  (A) invalidate any policy issuance document 
                created on, before, or after the date of the 
                enactment of this subsection;
                  (B) serve as a basis for action to challenge 
                the validity of such a policy issuance 
                document; or
                  (C) create any right or benefit, whether 
                substantive or procedural, enforceable by any 
                person in any administrative or judicial 
                proceeding.

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