Center for Democracy and Technology · 2 S.L.C. 1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2 (a) SHORT TITLE.—This Act may be cited as the 3 ‘‘Homeland Security Act of 2002’’

S.L.C.

AMENDMENT NO. �� Calendar No. ��

Purpose: ��

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IN THE SENATE OF THE UNITED STATES—107th Cong., 2d Sess.

H.R. 5005

To establish the Department of Homeland Security, and for

other purposes.

Referred to the Committee on ��

and ordered to be printed

Ordered to lie on the table and to be printed

AMENDMENT intended to be proposed by

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.1

(a) SHORT TITLE.—This Act may be cited as the2

‘‘Homeland Security Act of 2002’’.3

(b) DIVISIONS.—This Act is organized into three divi-4

sions as follows:5

(1) DIVISION A.—Homeland Security.6

(2) DIVISION B.—Immigration Reform, Ac-7

countability, and Security Enhancement Act of8

2002.9

(3) DIVISION C.—Federal Workforce Improve-10

ment.11

(c) TABLE OF CONTENTS.—The table of contents for12

this Act is as follows:13

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Construction; severability.

Sec. 4. Effective date.

DIVISION A—HOMELAND SECURITY

TITLE I—DEPARTMENT OF HOMELAND SECURITY

Sec. 101. Executive department; mission.

Sec. 102. Secretary; functions.

Sec. 103. Other officers.

Sec. 104. Office of International Affairs.

TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE

PROTECTION

Sec. 201. Directorate for Information Analysis and Infrastructure Protection.

Sec. 202. Access to information.

Sec. 203. Protection of voluntarily furnished confidential information.

TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF

HOMELAND SECURITY

Sec. 301. Under Secretary for Science and Technology.

Sec. 302. Responsibilities and authorities of the Under Secretary for Science

and Technology.

Sec. 303. Functions transferred.

Sec. 304. Conduct of certain public health-related activities.

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Sec. 305. Research in conjunction with the Department of Health and Human

Services and other departments.

Sec. 306. Homeland Security Advanced Research Projects Agency.

Sec. 307. Miscellaneous authorities relating to national laboratories.

Sec. 308. Homeland Security Institute.

Sec. 309. Utilization of Department of Energy national laboratories and sites

in support of homeland security activities.

Sec. 310. Transfer of Plum Island Animal Disease Center, Department of Agri-

culture.

Sec. 311. Clearinghouse.

TITLE IV—BORDER AND TRANSPORTATION SECURITY

Sec. 401. Under Secretary for Border and Transportation Security.

Sec. 402. Responsibilities.


Sec. 404. Transfer of certain agricultural inspection functions of the Depart-

ment of Agriculture.

Sec. 405. Coordination of information and information technology.

Sec. 406. Visa issuance.

Sec. 407. Border security and immigration working group.

Sec. 408. Information on visa denials required to be entered into electronic data

system.

Sec. 409. Study on use of foreign national personnel in visa processing.

TITLE V—EMERGENCY PREPAREDNESS AND RESPONSE

Sec. 501. Under Secretary for Emergency Preparedness and Response.



Sec. 504. Nuclear incident response.

Sec. 505. Conduct of certain public health-related activities.

Sec. 506. Definition.

TITLE VI—MANAGEMENT

Sec. 601. Under Secretary for Management.


Sec. 603. Chief Financial Officer.

Sec. 604. Chief Information Officer.

Sec. 605. Chief Human Capital Officer.

TITLE VII—COORDINATION WITH NON-FEDERAL ENTITIES; IN-

SPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST

GUARD; GENERAL PROVISIONS

Subtitle A—Coordination with Non-Federal Entities


Subtitle B—Inspector General

Sec. 710. Authority of the Secretary.

Sec. 711. Law enforcement powers of Inspector General Agents.

Subtitle C—United States Secret Service


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Subtitle D—General Provisions

Sec. 730. Establishment of Human Resources Management System.

Sec. 731. Labor-management relations.

Sec. 732. Advisory committees.

Sec. 733. Acquisitions.

Sec. 734. Reorganization authority.

Sec. 735. Miscellaneous provisions.

Sec. 736. Authorization of appropriations.

Sec. 737. Regulatory authority.

Sec. 738. Use of appropriated funds.

Sec. 739. Future Year Homeland Security Program.

Sec. 739A. Bioterrorism Preparedness and Response Division.

Sec. 739B. Coordination with the Department of Health and Human Services

under the Public Health Service Act.

Subtitle E—Risk Sharing and Indemnification for Contractors Supplying

Anti-Terrorism Technology and Services

Sec. 741. Application of indemnification authority.

Sec. 742. Application of indemnification authority to State and local govern-

ment contractors.

Sec. 743. Procurements of anti-terrorism technologies and anti-terrorism serv-

ices by State and local governments through Federal contracts.

Sec. 744. Congressional notification.


Subtitle F—Federal Emergency Procurement Flexibility

Sec. 751. Definition.

Sec. 752. Procurements for defense against or recovery from terrorism or nu-

clear, biological, chemical, or radiological attack.

Sec. 753. Increased simplified acquisition threshold for procurements in support

of humanitarian or peacekeeping operations or contingency op-

erations.

Sec. 754. Increased micro-purchase threshold for certain procurements.

Sec. 755. Application of certain commercial items authorities to certain pro-

curements.

Sec. 756. Use of streamlined procedures.

Sec. 757. Review and report by Comptroller General.

Sec. 758. Identification of new entrants into the Federal marketplace.

Subtitle G—Coast Guard

Sec. 761. Preserving Coast Guard mission performance.

TITLE VIII—TRANSITION


Sec. 802. Transfer of agencies.

Sec. 803. Transitional authorities.

Sec. 804. Savings provisions.

Sec. 805. Terminations.

Sec. 806. Incidental transfers.

TITLE IX—CONFORMING AND TECHNICAL AMENDMENTS

Sec. 901. Inspector General Act.

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Sec. 902. Executive schedule.

Sec. 903. United States Secret Service.

Sec. 904. Coast Guard.

Sec. 905. Strategic National Stockpile and smallpox vaccine development.

Sec. 906. Select agent registration.

Sec. 907. National Bio-Weapons Defense Analysis Center.

Sec. 908. Military activities.

DIVISION B—IMMIGRATION REFORM, ACCOUNTABILITY, AND

SECURITY ENHANCEMENT ACT OF 2002

Sec. 1001. Short title.


Sec. 1003. Transfer of Immigration and Naturalization Service functions.

TITLE XI—DIRECTORATE OF IMMIGRATION AFFAIRS

Subtitle A—Organization

Sec. 1101. Abolition of Immigration and Naturalization Service.

Sec. 1102. Establishment of Directorate of Immigration Affairs.

Sec. 1103. Under Secretary of Homeland Security for Immigration Affairs.

Sec. 1104. Bureau of Immigration Services.

Sec. 1105. Bureau of Enforcement.

Sec. 1106. Office of the Ombudsman within the Directorate.

Sec. 1107. Office of Immigration Statistics within the Directorate.

Sec. 1108. Clerical amendments.

Subtitle B—Transition Provisions

Sec. 1111. Transfer of functions.

Sec. 1112. Transfer of personnel and other resources.

Sec. 1113. Determinations with respect to functions and resources.

Sec. 1114. Delegation and reservation of functions.

Sec. 1115. Allocation of personnel and other resources.

Sec. 1116. Savings provisions.

Sec. 1117. Interim service of the Commissioner of Immigration and Naturaliza-

tion.

Sec. 1118. Other authorities not affected.

Sec. 1119. Transition funding.

Subtitle C—Miscellaneous Provisions

Sec. 1121. Funding adjudication and naturalization services.

Sec. 1122. Application of Internet-based technologies.

Sec. 1123. Alternatives to detention of asylum seekers.

Subtitle D—Effective Date


TITLE XII—UNACCOMPANIED ALIEN JUVENILE PROTECTION

Sec. 1201. Unaccompanied alien juveniles.

TITLE XIII—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

Sec. 1301. Legal status of EOIR.

Sec. 1302. Authorities of the Attorney General.

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Sec. 1303. Statutory construction.

DIVISION C—FEDERAL WORKFORCE IMPROVEMENT

TITLE XXI—CHIEF HUMAN CAPITAL OFFICERS

Sec. 2101. Short title.

Sec. 2102. Agency Chief Human Capital Officers.

Sec. 2103. Chief Human Capital Officers Council.

Sec. 2104. Strategic human capital management.


TITLE XXII—REFORMS RELATING TO FEDERAL HUMAN CAPITAL

MANAGEMENT

Sec. 2201. Inclusion of agency human capital strategic planning in performance

plans and programs performance reports.

Sec. 2202. Reform of the competitive service hiring process.

Sec. 2203. Permanent extension, revision, and expansion of authorities for use

of voluntary separation incentive pay and voluntary early re-

tirement.

Sec. 2204. Student volunteer transit subsidy.

TITLE XXIII—REFORMS RELATING TO THE SENIOR EXECUTIVE

SERVICE

Sec. 2301. Repeal of recertification requirements of senior executives.

Sec. 2302. Adjustment of limitation on total annual compensation.

TITLE XXIV—ACADEMIC TRAINING

Sec. 2401. Academic training.

Sec. 2402. Modifications to National Security Education Program.

Sec. 2403. Compensation time off for travel.

SEC. 2. DEFINITIONS.1

Unless the context clearly indicates otherwise, the fol-2

lowing shall apply for purposes of this Act:3

(1) AMERICAN HOMELAND OR HOMELAND.—4

Each of the terms ‘‘American homeland’’ or ‘‘home-5

land’’ mean the United States, in a geographic6

sense.7

(2) CRITICAL INFRASTRUCTURE.—The term8

‘‘critical infrastructure’’ means systems and assets,9

whether physical or virtual, so vital to the United10

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States that the incapacitation or destruction of such1

systems or assets would have a debilitating impact2

on security, national economic security, national3

public health or safety, or any combination of those4

matters.5

(3) ASSETS.—The term ‘‘assets’’ includes con-6

tracts, facilities, property, records, unobligated or7

unexpended balances of appropriations, and other8

funds or resources (other than personnel).9

(4) DEPARTMENT.—The term ‘‘Department’’10

means the Department of Homeland Security.11

(5) EMERGENCY RESPONSE PROVIDERS.—The12

term ‘‘emergency response providers’’ includes Fed-13

eral, State, and local government emergency public14

safety, law enforcement, emergency response, emer-15

gency medical, and related personnel, agencies, and16

authorities.17

(6) EXECUTIVE AGENCY.—The term ‘‘Executive18

agency’’ means an executive agency and a military19

department, as defined, respectively, in sections 10520

and 102 of title 5, United States Code.21

(7) FUNCTIONS.—The term ‘‘functions’’ in-22

cludes authorities, powers, rights, privileges, immu-23

nities, programs, projects, activities, duties, respon-24

sibilities, and obligations.25

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(8) KEY RESOURCES.—The term ‘‘key re-1

sources’’ means structures, monuments or items of2

exceptional historical, social, cultural, or symbolic3

significance to the United States.4

(9) LOCAL GOVERNMENT.—The term ‘‘local5

government’’ has the meaning given in section6

102(6) of the Robert T. Stafford Disaster Relief and7

Emergency Assistance Act (Public Law 93–288).8

(10) MAJOR DISASTER.—The term ‘‘major dis-9

aster’’ has the meaning given in section 102(2) of10

the Robert T. Stafford Disaster Relief and Emer-11

gency Assistance Act (Public Law 93–288).12

(11) PERSONNEL.—The term ‘‘personnel’’13

means officers and employees.14

(12) SECRETARY.—The term ‘‘Secretary’’15

means the Secretary of Homeland Security.16

(13) UNITED STATES.—The term ‘‘United17

States’’, when used in a geographic sense, means18

any State (within the meaning of section 102(4) of19

the Robert T. Stafford Disaster Relief and Emer-20

gency Assistance Act (Public Law 93–288)), any21

possession of the United States, and any waters22

within the jurisdiction of the United States.23

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SEC. 3. CONSTRUCTION; SEVERABILITY.1

Any provision of this Act held to be invalid or unen-2

forceable by its terms, or as applied to any person or cir-3

cumstance, shall be construed so as to give it the max-4

imum effect permitted by law, unless such holding shall5

be one of utter invalidity or unenforceability, in which6

event such provision shall be deemed severable from this7

Act and shall not affect the remainder thereof, or the ap-8

plication of such provision to other persons not similarly9

situated or to other, dissimilar circumstances.10

SEC. 4. EFFECTIVE DATE.11

This Act shall take effect thirty days after the date12

of enactment or, if enacted within thirty days before Janu-13

ary 1, 2003, on January 1, 2003.14

DIVISION A—HOMELAND15

SECURITY16

TITLE I—DEPARTMENT OF17

HOMELAND SECURITY18

SEC. 101. EXECUTIVE DEPARTMENT; MISSION.19

(a) ESTABLISHMENT.—There is established a De-20

partment of Homeland Security, as an executive depart-21

ment of the United States within the meaning of title 5,22

United States Code.23

(b) PRIMARY MISSION.—24

(1) IN GENERAL.—The primary mission of the25

Department is to—26

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(A) prevent terrorist attacks within the1

United States;2

(B) reduce the vulnerability of the United3

States to terrorism; and4

(C) minimize the damage, and assist in the5

recovery, from terrorist attacks that do occur6

within the United States.7

(2) RESPONSIBILITIES.—In carrying out the8

mission described in paragraph (1), and as further9

described in this Act, the Department’s primary re-10

sponsibilities shall include—11

(A) information analysis and infrastructure12

protection;13

(B) research and development, including14

efforts to counter chemical, biological, radio-15

logical, nuclear, and other emerging threats;16

(C) border and transportation security;17

(D) emergency preparedness and response;18

and19

(E) coordination (including the provision of20

training and equipment) with other executive21

agencies, with State and local government per-22

sonnel, agencies, and authorities, with the pri-23

vate sector, and with other entities.24

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(3) OTHER RESPONSIBILITIES.—The Depart-1

ment shall also be responsible for carrying out other2

functions of entities transferred to the Department3

as provided by law, and the enumeration of the pri-4

mary homeland security missions and responsibilities5

in this section does not impair or diminish the De-6

partment’s non-homeland security missions and re-7

sponsibilities.8

SEC. 102. SECRETARY; FUNCTIONS.9

(a) SECRETARY.—10

(1) APPOINTMENT.—There is a Secretary of11

Homeland Security, appointed by the President, by12

and with the advice and consent of the Senate.13

(2) HEAD OF DEPARTMENT.—The Secretary is14

the head of the Department and shall have direction,15

authority, and control over it.16

(3) VESTED FUNCTIONS.—All functions of all offi-17

cers, employees, and organizational units of the Depart-18

ment are vested in the Secretary.19

(b) FUNCTIONS.—The Secretary—20

(1) may, except as otherwise provided in this21

Act, delegate any of his functions to any officer, em-22

ployee, or organizational unit of the Department;23

(2) shall have such functions, including the au-24

thority to make contracts, grants, and cooperative25

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agreements, and to enter into agreements with other1

executive agencies, as may be necessary and proper2

to carry out his responsibilities under this Act or3

otherwise provided by law; and4

(3) may, subject to the direction of the Presi-5

dent, attend and participate in meetings of the Na-6

tional Security Council.7

SEC. 103. OTHER OFFICERS.8

(a) DEPUTY SECRETARY; UNDER SECRETARIES.—9

To assist the Secretary in the performance of his func-10

tions, there are the following officers, appointed by the11

President, by and with the advice and consent of the Sen-12

ate:13

(1) A Deputy Secretary of Homeland Security,14

who shall be the Secretary’s first assistant for pur-15

poses of chapter 33, subchapter 3, of title 5, United16

States Code.17

(2) An Under Secretary for Information Anal-18

ysis and Infrastructure Protection.19

(3) An Under Secretary for Science and Tech-20

nology.21

(4) An Under Secretary for Border and Trans-22

portation Security.23

(5) An Under Secretary for Emergency Pre-24

paredness and Response.25

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(6) An Under Secretary for Management.1

(7) An Under Secretary for Immigration Af-2

fairs.3

(8) Not more than 16 Assistant Secretaries.4

(9) A General Counsel, who shall be the chief5

legal officer of the Department.6

(b) CHIEF OF IMMIGRATION POLICY.—7

(1) IN GENERAL.—There shall be within the of-8

fice of the Deputy Secretary of Homeland Security9

a Chief of Immigration Policy, who, under the au-10

thority of the Secretary, shall be responsible for—11

(A) establishing national immigration pol-12

icy and priorities; and13

(B) coordinating immigration policy be-14

tween the Directorate of Immigration Affairs15

and the Directorate of Border and Transpor-16

tation Security.17

(2) WITHIN THE SENIOR EXECUTIVE SERV-18

ICE.—The position of Chief of Immigration Policy19

shall be a Senior Executive Service position under20

section 5382 of title 5, United States Code.21

(c) INSPECTOR GENERAL.—To assist the Secretary22

in the performance of his functions, there is an Inspector23

General, who shall be appointed as provided in section24

3(a) of the Inspector General Act of 1978.25

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(d) COMMANDANT OF THE COAST GUARD.—To assist1

the Secretary in the performance of his functions, there2

is a Commandant of the Coast Guard, who shall be ap-3

pointed as provided in section 44 of title 14, United States4

Code.5

(e) OTHER OFFICERS.—To assist the Secretary in6

the performance of his functions, there are the following7

officers, appointed by the President:8

(1) A Director of the Secret Service.9

(2) A Chief Financial Officer.10

(3) A Chief Information Officer.11

(4) A Chief Human Capital Officer.12

(f) PERFORMANCE OF SPECIFIC FUNCTIONS.—Sub-13

ject to the provisions of this Act, every officer of the De-14

partment shall perform the functions specified by law for15

his office or prescribed by the Secretary.16

SEC. 104. OFFICE OF INTERNATIONAL AFFAIRS.17

(a) ESTABLISHMENT.—There is established within18

the Office of the Secretary, an Office of International Af-19

fairs. The Office shall be headed by a Director who shall20

be appointed by the Secretary.21

(b) RESPONSIBILITIES OF THE DIRECTOR.—The Di-22

rector shall have the following responsibilities:23

(1) To promote information and education ex-24

change with foreign nations in order to promote25

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sharing of best practices and technologies relating to1

homeland security. Such information exchange shall2

include—3

(A) joint research and development on4

countermeasures;5

(B) joint training exercises of first re-6

sponders; and7

(C) exchange of expertise on terrorism pre-8

vention, response, and crisis management.9

(2) To identify areas for homeland security in-10

formation and training exchange.11

(3) To plan and undertake international con-12

ferences, exchange programs, and training activities.13

(4) To manage activities under this section and14

other international activities within the Department15

in consultation with the Department of State and16

other relevant Federal officials.17

(5) To initially concentrate on fostering co-18

operation with countries that are already highly fo-19

cused on homeland security issues and that have20

demonstrated the capability for fruitful cooperation21

with the United States in the area of22

counterterrorism.23

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TITLE II—INFORMATION ANAL-1

YSIS AND INFRASTRUCTURE2

PROTECTION3

SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND4

INFRASTRUCTURE PROTECTION.5

(a) UNDER SECRETARY OF HOMELAND SECURITY6

FOR INFORMATION ANALYSIS AND INFRASTRUCTURE7

PROTECTION.—8

(1) IN GENERAL.—There shall be in the De-9

partment a Directorate for Information Analysis and10

Infrastructure Protection headed by an Under Sec-11

retary for Information Analysis and Infrastructure12

Protection, who shall be appointed by the President,13

by and with the advice and consent of the Senate.14

(2) RESPONSIBILITIES.—The Under Secretary15

shall assist the Secretary in discharging the respon-16

sibilities under section 101 (b)(2)(A) and (d).17

(b) ASSISTANT SECRETARY FOR INFORMATION18

ANALYSIS; ASSISTANT SECRETARY FOR INFRASTRUCTURE19

PROTECTION.—20

(1) ASSISTANT SECRETARY FOR INFORMATION21

ANALYSIS.—There shall be in the Department an22

Assistant Secretary for Information Analysis, who23

shall be appointed by the President.24

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(2) ASSISTANT SECRETARY FOR INFRASTRUC-1

TURE PROTECTION.—There shall be in the Depart-2

ment an Assistant Secretary for Infrastructure Pro-3

tection, who shall be appointed by the President.4

(3) RESPONSIBILITIES.—The Assistant Sec-5

retary for Information Analysis and the Assistant6

Secretary for Infrastructure Protection shall assist7

the Under Secretary for Information Analysis and8

Infrastructure Protection in discharging the respon-9

sibilities of the Under Secretary under this section.10

(c) DISCHARGE OF INFORMATION ANALYSIS AND IN-11

FRASTRUCTURE PROTECTION.—The Secretary shall en-12

sure that the responsibilities of the Department regarding13

information analysis and infrastructure protection are car-14

ried out through the Under Secretary for Information15

Analysis and Infrastructure Protection.16

(d) RESPONSIBILITIES OF UNDER SECRETARY.—17

Subject to the direction and control of the Secretary, the18

responsibilities of the Under Secretary for Information19

Analysis and Infrastructure Protection shall be as follows:20

(1) To access, receive, and analyze law enforce-21

ment information, intelligence information, intel-22

ligence-related information, and other information23

from agencies of the Federal Government, State and24

local government agencies (including law enforce-25

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ment agencies), and private sector entities, and to1

integrate such information in order to—2

(A) identify and assess the nature and3

scope of threats to the homeland;4

(B) detect and identify threats of terrorism5

against the United States and other threats to6

homeland security; and7

(C) understand such threats in light of ac-8

tual and potential vulnerabilities of the home-9

land.10

(2) To carry out comprehensive assessments of11

the vulnerabilities of the key resources and critical12

infrastructure of the United States, including the13

performance of risk assessments to determine the14

risks posed by particular types of terrorist attacks15

within the United States (including an assessment of16

the probability of success of such attacks and the17

feasibility and potential efficacy of various counter-18

measures to such attacks).19

(3) To integrate relevant information, analyses,20

and vulnerability assessments (whether such infor-21

mation, analyses, or assessments are provided or22

produced by the Department or others) in order to23

identify priorities for protective measures and to24

support protective measures by the Department,25

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other agencies of the Federal Government, State and1

local government agencies and authorities, the pri-2

vate sector, and other entities.3

(4) To ensure, pursuant to section 202, the4

timely and efficient access by the Department to all5

information necessary to discharge the responsibil-6

ities under this section, including obtaining such in-7

formation from other agencies of the Federal Gov-8

ernment agencies, and from State and local govern-9

ments and private sector entities (pursuant to10

memoranda of understanding or other agreements11

entered into for that purpose).12

(5) To develop a comprehensive national plan13

for securing the key resources and critical infra-14

structure of the United States.15

(6) To take or seek to effect measures nec-16

essary to protect the key resources and critical infra-17

structure of the United States in coordination with18

other agencies of the Federal Government and in co-19

operation with State and local government agencies20

and authorities, the private sector, and other enti-21

ties.22

(7) To administer the Homeland Security Advi-23

sory System, including—24

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(A) exercising primary responsibility for1

public threat advisories; and2

(B) in coordination with other agencies of3

the Federal Government, providing specific4

warning information, and advice about appro-5

priate protective measures and counter-6

measures, to State and local government agen-7

cies and authorities, the private sector, other8

entities, and the public.9

(8) To review, analyze, and make recommenda-10

tions for improvements in the policies and proce-11

dures governing the sharing of law enforcement in-12

formation, intelligence information, intelligence-re-13

lated information, and other information relating to14

homeland security within the Federal Government15

and between the Federal Government and State and16

local government agencies and authorities.17

(9) To disseminate, as appropriate, information18

analyzed by the Department within the Department,19

to other agencies of the Federal Government with20

responsibilities relating to homeland security, and to21

agencies of State and local governments and private22

sector entities with such responsibilities in order to23

assist in the deterrence, prevention, preemption of,24

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or response to, terrorist attacks against the United1

States.2

(10) To consult with the Director of Central In-3

telligence and other appropriate intelligence, law en-4

forcement, or other elements of the Federal Govern-5

ment to establish collection priorities and strategies6

for information, including law enforcement-related7

information, relating to threats of terrorism against8

the United States through such means as the rep-9

resentation of the Department in discussions regard-10

ing requirements and priorities in the collection of11

such information.12

(11) To consult with State and local govern-13

ments and private sector entities to ensure appro-14

priate exchanges of information, including law en-15

forcement-related information, relating to threats of16

terrorism against the United States.17

(12) To ensure that—18

(A) any material received pursuant to this19

section is protected from unauthorized disclo-20

sure and handled and used only for the per-21

formance of official duties; and22

(B) any intelligence information shared23

under this section is transmitted, retained, and24

disseminated consistent with the authority of25

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the Director of Central Intelligence to protect1

intelligence sources and methods under the Na-2

tional Security Act of 1947 (50 U.S.C. 401 et3

seq.) and related procedures and, as appro-4

priate, similar authorities of the Attorney Gen-5

eral concerning sensitive law enforcement infor-6

mation.7

(13) To request and obtain additional informa-8

tion from other agencies of the Federal Government,9

State and local government agencies, and the private10

sector relating to threats of terrorism in the United11

States, or relating to other areas of responsibility12

under section 101, including the entry into coopera-13

tive agreements through the Secretary to obtain14

such information.15

(14) To establish and utilize, in conjunction16

with the chief information officer of the Department,17

a secure communications and information technology18

infrastructure, including data-mining and other ad-19

vanced analytical tools, in order to access, receive,20

and analyze data and information in furtherance of21

the responsibilities under this section, and to dis-22

seminate information acquired and analyzed by the23

Department, as appropriate.24

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(15) To ensure, in conjunction with the chief1

information officer of the Department, that any in-2

formation databases and analytical tools developed3

or utilized by the Department—4

(A) are compatible with one another and5

with relevant information databases of other6

agencies of the Federal Government; and7

(B) treat information in such databases in8

a manner that complies with applicable Federal9

law on privacy.10

(16) To coordinate training and other support11

to the elements and personnel of the Department,12

other agencies of the Federal Government, and State13

and local governments that provide information to14

the Department, or are consumers of information15

provided by the Department, in order to facilitate16

the identification and sharing of information re-17

vealed in their ordinary duties and the optimal utili-18

zation of information received from the Department.19

(17) To coordinate with elements of the intel-20

ligence community and with Federal, State, and21

local law enforcement agencies, and the private sec-22

tor, as appropriate.23

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24

S.L.C.

(18) To provide intelligence and information1

analysis and support to other elements of the De-2

partment.3

(19) To perform such other duties relating to4

such responsibilities as the Secretary may provide.5

(e) STAFF.—6

(1) IN GENERAL.—The Secretary shall provide7

the Directorate with a staff of analysts having ap-8

propriate expertise and experience to assist the Di-9

rectorate in discharging responsibilities under this10

section.11

(2) PRIVATE SECTOR ANALYSTS.—Analysts12

under this subsection may include analysts from the13

private sector.14

(3) SECURITY CLEARANCES.—Analysts under15

this subsection shall possess security clearances ap-16

propriate for their work under this section.17

(f) DETAIL OF PERSONNEL.—18

(1) IN GENERAL.—In order to assist the Direc-19

torate in discharging responsibilities under this sec-20

tion, personnel of the agencies referred to in para-21

graph (2) may be detailed to the Department for the22

performance of analytic functions and related duties.23

(2) COVERED AGENCIES.—The agencies re-24

ferred to in this paragraph are as follows:25

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25

S.L.C.

(A) The Department of State.1

(B) The Central Intelligence Agency.2

(C) The Federal Bureau of Investigation.3

(D) The National Security Agency.4

(E) The National Imagery and Mapping5

Agency.6

(F) The Defense Intelligence Agency.7

(G) Any other agency of the Federal Gov-8

ernment that the President considers appro-9

priate.10

(3) COOPERATIVE AGREEMENTS.—The Sec-11

retary and the head of the agency concerned may12

enter into cooperative agreements for the purpose of13

detailing personnel under this subsection.14

(4) BASIS.—The detail of personnel under this15

subsection may be on a reimbursable or non-reim-16

bursable basis.17

(g) FUNCTIONS TRANSFERRED.—In accordance with18

title VIII, there shall be transferred to the Secretary, for19

assignment to the Under Secretary for Information Anal-20

ysis and Infrastructure Protection under this section, the21

functions, personnel, assets, and liabilities of the following:22

(1) The National Infrastructure Protection23

Center of the Federal Bureau of Investigation (other24

than the Computer Investigations and Operations25

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26

S.L.C.

Section), including the functions of the Attorney1

General relating thereto.2

(2) The National Communications System of3

the Department of Defense, including the functions4

of the Secretary of Defense relating thereto.5

(3) The Critical Infrastructure Assurance Of-6

fice of the Department of Commerce, including the7

functions of the Secretary of Commerce relating8

thereto.9

(4) The Computer Security Division of the Na-10

tional Institute of Standards and Technology, in-11

cluding the functions of the Secretary of Commerce12

relating thereto.13

(5) The National Infrastructure Simulation and14

Analysis Center of the Department of Energy and15

the energy security and assurance program and ac-16

tivities of the Department, including the functions of17

the Secretary of Energy relating thereto.18

(6) The Federal Computer Incident Response19

Center of the General Services Administration, in-20

cluding the functions of the Administrator of Gen-21

eral Services relating thereto.22

(h) STUDY OF PLACEMENT WITHIN INTELLIGENCE23

COMMUNITY.—Not later than 90 days after the effective24

date of this Act, the President shall submit to the Com-25

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27

S.L.C.

mittee on Governmental Affairs and the Select Committee1

on Intelligence of the Senate and the Committee on Gov-2

ernment Reform and the Permanent Select Committee on3

Intelligence of the House of Representatives a report as-4

sessing the advisability of the following:5

(1) Placing the elements of the Department6

concerned with the analysis of foreign intelligence in-7

formation within the intelligence community under8

section 3(4) of the National Security Act of 19479

(50 U.S.C. 401a(4)).10

(2) Placing such elements within the National11

Foreign Intelligence Program for budgetary pur-12

poses.13

SEC. 202. ACCESS TO INFORMATION.14

(a) IN GENERAL.—15

(1) THREAT AND VULNERABILITY INFORMA-16

TION.—Except as otherwise directed by the Presi-17

dent, the Secretary shall have such access as the18

Secretary considers necessary to all information, in-19

cluding reports, assessments, analyses, and20

unevaluated intelligence and intelligence-related in-21

formation, relating to threats of terrorism against22

the United States and to other areas of responsi-23

bility described in section 101 and to all information24

concerning infrastructure or other vulnerabilities of25

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28

S.L.C.

the United States to terrorism, whether or not such1

information has been analyzed, that may be col-2

lected, possessed, or prepared by any agency of the3

Federal Government.4

(2) OTHER INFORMATION.—The Secretary shall5

also have access to other information relating to6

matters under the responsibility of the Secretary7

that may be collected, possessed, or prepared by an8

agency of the Federal Government as the President9

may further provide.10

(b) MANNER OF ACCESS.—Except as otherwise di-11

rected by the President, with respect to information to12

which the Secretary has access pursuant to this section—13

(1) the Secretary may obtain such material14

upon request, and may enter into cooperative ar-15

rangements with other executive agencies to provide16

such material or provide Department officials with17

access to it on a regular or routine basis, including18

requests or arrangements involving broad categories19

of material, access to electronic databases, or both;20

and21

(2) regardless of whether the Secretary has22

made any request or entered into any cooperative ar-23

rangement pursuant to paragraph (1), all agencies24

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29

S.L.C.

of the Federal Government shall promptly provide to1

the Secretary—2

(A) all reports (including information re-3

ports containing intelligence which has not been4

fully evaluated), assessments, and analytical in-5

formation relating to threats of terrorism6

against the United States and to other areas of7

responsibility under section 101;8

(B) all information concerning the vulner-9

ability of the infrastructure of the United10

States, or other vulnerabilities of the United11

States, to terrorism, whether or not such infor-12

mation has been analyzed;13

(C) all other information relating to sig-14

nificant and credible threats of terrorism15

against the United States, whether or not such16

information has been analyzed; and17

(D) such other information or material as18

the President may direct.19

(c) TREATMENT UNDER CERTAIN LAWS.—The Sec-20

retary shall be deemed to be a Federal law enforcement,21

intelligence, protective, national defense, immigration, or22

national security official, and shall be provided with all23

information from law enforcement agencies that is re-24

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30

S.L.C.

quired to be given to the Director of Central Intelligence,1

under any provision of the following:2

(1) The USA PATRIOT Act of 2001 (Public3

Law 107–56).4

(2) Section 2517(6) of title 18, United States5

Code.6

(3) Rule 6(e)(3)(C) of the Federal Rules of7

Criminal Procedure.8

(d) ACCESS TO INTELLIGENCE AND OTHER INFOR-9

MATION.—10

(1) ACCESS BY ELEMENTS OF FEDERAL GOV-11

ERNMENT.—Nothing in this title shall preclude any12

element of the intelligence community (as that term13

is defined in section 3(4) of the National Security14

Act of 1947 (50 U.S.C. 401a(4)), or other any ele-15

ment of the Federal Government with responsibility16

for analyzing terrorist threat information, from re-17

ceiving any intelligence or other information relating18

to terrorism.19

(2) SHARING OF INFORMATION.—The Sec-20

retary, in consultation with the Director of Central21

Intelligence, shall work to ensure that intelligence or22

other information relating to terrorism to which the23

Department has access is appropriately shared with24

the elements of the Federal Government referred to25

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31

S.L.C.

in paragraph (1), as well as with State and local1

governments, as appropriate.2

SEC. 203. PROTECTION OF VOLUNTARILY FURNISHED CON-3

FIDENTIAL INFORMATION.4

(a) DEFINITIONS.—In this section:5

(1) CRITICAL INFRASTRUCTURE.—The term6

‘‘critical infrastructure’’ has the meaning given that7

term in section 1016(e) of the USA PATRIOT Act8

of 2001 (42 U.S.C. 5195(e)).9

(2) FURNISHED VOLUNTARILY.—10

(A) DEFINITION.—The term ‘‘furnished11

voluntarily’’ means a submission of a record12

that—13

(i) is made to the Department in the14

absence of authority of the Department re-15

quiring that record to be submitted; and16

(ii) is not submitted or used to satisfy17

any legal requirement or obligation or to18

obtain any grant, permit, benefit (such as19

agency forbearance, loans, or reduction or20

modifications of agency penalties or rul-21

ings), or other approval from the Govern-22

ment.23

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32

S.L.C.

(B) BENEFIT.—In this paragraph, the1

term ‘‘benefit’’ does not include any warning,2

alert, or other risk analysis by the Department.3

(b) IN GENERAL.—Notwithstanding any other provi-4

sion of law, a record pertaining to the vulnerability of and5

threats to critical infrastructure (such as attacks, re-6

sponse, and recovery efforts) that is furnished voluntarily7

to the Department shall not be made available under sec-8

tion 552 of title 5, United States Code, if—9

(1) the provider would not customarily make10

the record available to the public; and11

(2) the record is designated and certified by the12

provider, in a manner specified by the Department,13

as confidential and not customarily made available14

to the public.15

(c) RECORDS SHARED WITH OTHER AGENCIES.—16

(1) IN GENERAL.—17

(A) RESPONSE TO REQUEST.—An agency18

in receipt of a record that was furnished volun-19

tarily to the Department and subsequently20

shared with the agency shall, upon receipt of a21

request under section 552 of title 5, United22

States Code, for the record—23

(i) not make the record available; and24

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33

S.L.C.

(ii) refer the request to the Depart-1

ment for processing and response in ac-2

cordance with this section.3

(B) SEGREGABLE PORTION OF RECORD.—4

Any reasonably segregable portion of a record5

shall be provided to the person requesting the6

record after deletion of any portion which is ex-7

empt under this section.8

(2) DISCLOSURE OF INDEPENDENTLY FUR-9

NISHED RECORDS.—Notwithstanding paragraph (1),10

nothing in this section shall prohibit an agency from11

making available under section 552 of title 5, United12

States Code, any record that the agency receives13

independently of the Department, regardless of14

whether or not the Department has a similar or15

identical record.16

(d) WITHDRAWAL OF CONFIDENTIAL DESIGNA-17

TION.—The provider of a record that is furnished volun-18

tarily to the Department under subsection (b) may at any19

time withdraw, in a manner specified by the Department,20

the confidential designation.21

(e) PROCEDURES.—The Secretary shall prescribe22

procedures for—23

(1) the acknowledgement of receipt of records24

furnished voluntarily;25

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34

S.L.C.

(2) the designation, certification, and marking1

of records furnished voluntarily as confidential and2

not customarily made available to the public;3

(3) the care and storage of records furnished4

voluntarily;5

(4) the protection and maintenance of the con-6

fidentiality of records furnished voluntarily; and7

(5) the withdrawal of the confidential designa-8

tion of records under subsection (d).9

(f) EFFECT ON STATE AND LOCAL LAW.—Nothing10

in this section shall be construed as preempting or other-11

wise modifying State or local law concerning the disclosure12

of any information that a State or local government re-13

ceives independently of the Department.14

(g) REPORT.—15

(1) REQUIREMENT.—Not later than 18 months16

after the date of enactment of this Act, the Comp-17

troller General of the United States shall submit to18

the committees of Congress specified in paragraph19

(2) a report on the implementation and use of this20

section, including—21

(A) the number of persons in the private22

sector, and the number of State and local agen-23

cies, that furnished voluntarily records to the24

Department under this section;25

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35

S.L.C.

(B) the number of requests for access to1

records granted or denied under this section;2

and3

(C) such recommendations as the Comp-4

troller General considers appropriate regarding5

improvements in the collection and analysis of6

sensitive information held by persons in the pri-7

vate sector, or by State and local agencies, re-8

lating to vulnerabilities of and threats to critical9

infrastructure, including the response to such10

vulnerabilities and threats.11

(2) COMMITTEES OF CONGRESS.—The commit-12

tees of Congress specified in this paragraph are—13

(A) the Committees on the Judiciary and14

Governmental Affairs of the Senate; and15

(B) the Committees on the Judiciary and16

Government Reform and Oversight of the17

House of Representatives.18

(3) FORM.—The report shall be submitted in19

unclassified form, but may include a classified20

annex.21

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36

S.L.C.

TITLE III—SCIENCE AND TECH-1

NOLOGY IN SUPPORT OF2

HOMELAND SECURITY3

SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECH-4

NOLOGY.5

There shall be in the Department a Directorate of6

Science and Technology headed by an Under Secretary for7

Science and Technology.8

SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE9

UNDER SECRETARY FOR SCIENCE AND TECH-10

NOLOGY.11

In assisting the Secretary with the responsibility12

specified in section 101(b)(2)(B), the primary responsibil-13

ities of the Under Secretary for Science and Technology14

shall include—15

(1) advising the Secretary regarding research16

and development efforts and priorities in support of17

the Department’s missions;18

(2) supporting all elements of the Department19

in research, development, testing, evaluation and de-20

ployment of science and technology that is applicable21

in the detection of, prevention of, protection against,22

response to, attribution of, and recovery from home-23

land security threats, particularly acts of terrorism;24

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37

S.L.C.

(3) to support the Under Secretary for Infor-1

mation Analysis and Infrastructure Protection, by2

assessing and testing homeland security3

vulnerabilities and possible threats;4

(4) conducting a national scientific research5

and development program to support the mission of6

the Department, including developing national policy7

for and coordinating the Federal Government’s civil-8

ian efforts to identify, devise, and implement sci-9

entific, technological, and other countermeasures to10

chemical, biological, radiological, nuclear, and other11

emerging terrorist threats, including directing, fund-12

ing and conducting research and development relat-13

ing to the same;14

(5) establishing priorities for, directing, fund-15

ing, and conducting national research, development,16

test and evaluation, and procurement of technology17

and systems—18

(A) for preventing the importation of19

chemical, biological, radiological, nuclear, and20

related weapons and material; and21

(B) for detecting, preventing, protecting22

against, and responding to terrorist attacks;23

(6) establishing a system for transferring home-24

land security developments or technologies to fed-25

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38

S.L.C.

eral, state, local government, and private sector enti-1

ties;2

(7) entering into joint sponsorship agreements3

with the Department of Energy regarding the use of4

the national laboratories or sites and support of the5

science and technology base at those facilities;6

(8) collaborating with the Secretary of Agri-7

culture in determining the biological agents and tox-8

ins that shall be included on the list of biological9

agents and toxins required under section 212(a) of10

the Agricultural Bioterrorism Protection Act of11

2002 (7 U.S.C. 8401);12

(9) collaborating with the Secretary of Health13

and Human Services in determining the biological14

agents and toxins that shall be listed as ‘‘select15

agents’’ in Appendix A of part 72 of title 42, Code16

of Federal Regulations, pursuant to section 351A of17

the Public Health Service Act (42 U.S.C. 262a); and18

(10) supporting United States leadership in19

science and technology.20

SEC. 303. FUNCTIONS TRANSFERRED.21

In accordance with title VIII, there shall be trans-22

ferred to the Secretary the functions, personnel, assets,23

and liabilities of the following entities:24

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39

S.L.C.

(1) The following programs and activities of the1

Department of Energy, including the functions of2

the Secretary of Energy relating thereto (but not in-3

cluding programs and activities relating to the stra-4

tegic nuclear defense posture of the United States):5

(A) The chemical and biological national6

security and supporting programs and activities7

of the nonproliferation and verification research8

and development program.9

(B) The nuclear smuggling programs and10

activities within the proliferation detection pro-11

gram of the nonproliferation and verification re-12

search and development program. The pro-13

grams and activities described in this subpara-14

graph may be designated by the President ei-15

ther for transfer to the Department or for joint16

operation by the Secretary and the Secretary of17

Energy.18

(C) The nuclear assessment program and19

activities of the assessment, detection, and co-20

operation program of the international mate-21

rials protection and cooperation program.22

(D) Such life sciences activities of the bio-23

logical and environmental research program re-24

lated to microbial pathogens as may be des-25

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40

S.L.C.

ignated by the President for transfer to the De-1

partment.2

(E) The Environmental Measurements3

Laboratory.4

(F) The advanced scientific computing re-5

search program and activities at Lawrence6

Livermore National Laboratory.7

(2) The National Bio-Weapons Defense Anal-8

ysis Center of the Department of Defense, including9

the functions of the Secretary of Defense related10

thereto.11

(3) The Plum Island Animal Disease Center of12

the Department of Agriculture, including the func-13

tions of the Secretary of Agriculture relating there-14

to, as provided in section 310.15

(4)(A) Except as provided in subparagraph16

(B)—17

(i) the functions of the Select Agent Reg-18

istration Program of the Department of Health19

and Human Services, including all functions of20

the Secretary of Health and Human Services21

under title II of the Public Health Security and22

Bioterrorism Preparedness and Response Act of23

2002 (Public Law 107–188); and24

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41

S.L.C.

(ii) the functions of the Department of Ag-1

riculture under the Agricultural Bioterrorism2

Protection Act of 2002 (7 U.S.C. 8401 et seq.).3

(B)(i) The Secretary shall collaborate with the4

Secretary of Health and Human Services in deter-5

mining the biological agents and toxins that shall be6

listed as ‘‘select agents’’ in Appendix A of part 727

of title 42, Code of Federal Regulations, pursuant to8

section 351A of the Public Health Service Act (429

U.S.C. 262a).10

(ii) The Secretary shall collaborate with the11

Secretary of Agriculture in determining the biologi-12

cal agents and toxins that shall be included on the13

list of biological agents and toxins required under14

section 212(a) of the Agricultural Bioterrorism Pro-15

tection Act of 2002 (7 U.S.C. 8401).16

(C) In promulgating regulations pursuant to17

the functions described in subparagraph (A), the18

Secretary shall act in collaboration with the Sec-19

retary of Health and Human Services and the Sec-20

retary of Agriculture.21

SEC. 304. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED22

ACTIVITIES.23

(a) IN GENERAL.—Except as the President may oth-24

erwise direct, the Secretary shall carry out his civilian25

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42

S.L.C.

human health-related biological, biomedical, and infectious1

disease defense research and development (including vac-2

cine research and development) responsibilities through3

the Department of Health and Human Services (including4

the Public Health Service), under agreements with the5

Secretary of Health and Human Services, and may trans-6

fer funds to him in connection with such agreements.7

(b) ESTABLISHMENT OF PROGRAM.—With respect to8

any responsibilities carried out through the Department9

of Health and Human Services under this subsection, the10

Secretary, in consultation with the Secretary of Health11

and Human Services, shall have the authority to establish12

the research and development program, including the set-13

ting of priorities.14

SEC. 305. RESEARCH IN CONJUNCTION WITH THE DEPART-15

MENT OF HEALTH AND HUMAN SERVICES16

AND OTHER DEPARTMENTS.17

With respect to such other research and development18

responsibilities under this title, including health-related19

chemical, radiological, and nuclear defense research and20

development responsibilities, as the Secretary may elect to21

carry out through the Department of Health and Human22

Services (including the Public Health Service) (under23

agreements with the Secretary of Health and Human24

Services) or through other Federal agencies (under agree-25

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43

S.L.C.

ments with their respective heads), the Secretary may1

transfer funds to the Secretary of Health and Human2

Services, or to such heads, as the case may be.3

SEC. 306. HOMELAND SECURITY ADVANCED RESEARCH4

PROJECTS AGENCY.5


(1) FUND.—The term ‘‘Fund’’ means the Ac-7

celeration Fund for Research and Development of8

Homeland Security Technologies established under9

this section.10

(2) HOMELAND SECURITY RESEARCH AND DE-11

VELOPMENT.—The term ‘‘homeland security re-12

search and development’’ means research and devel-13

opment of technologies that are applicable in the de-14

tection of, prevention of, protection against, response15

to, attribution of, and recovery from homeland secu-16

rity threats, particularly acts of terrorism.17

(3) HSARPA.—The term ‘‘HSARPA’’ means18

the Homeland Security Advanced Research Projects19

Agency established under this section.20

(4) UNDER SECRETARY.—The term ‘‘Under21

Secretary’’ means the Under Secretary for Science22

and Technology or the designee of that Under Sec-23

retary.24

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44

S.L.C.

(b) PURPOSES.—The purposes of this section are1

to—2

(1) establish the Homeland Security Advanced3

Research Projects Agency to prioritize and fund4

homeland security research and development using5

the acceleration fund; and6

(2) establish a fund to leverage existing re-7

search and development and accelerate the deploy-8

ment of technology that will serve to enhance home-9

land defense.10

(c) FUND.—11

(1) ESTABLISHMENT.—There is established the12

Acceleration Fund for Research and Development of13

Homeland Security Technologies.14

(2) USE OF FUND.—The Fund may be used15

to—16

(A) accelerate research, development, test-17

ing and evaluation, and deployment of critical18

homeland security technologies; and19

(B) support homeland security research20

and development.21

(3) AUTHORIZATION OF APPROPRIATIONS.—22

There are authorized to be appropriated23

$500,000,000 to the Fund for fiscal year 2003, and24

such sums as may be necessary in subsequent years.25

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45

S.L.C.

(4) TRANSITION OF FUNDS.—With respect to1

such research, development, testing, and evaluation2

responsibilities under this section as the Secretary3

may elect to carry out through agencies other than4

the Department (under agreements with their re-5

spective heads), the Secretary may transfer funds to6

such heads. Of the funds authorized to be appro-7

priated under paragraph (3) for the Fund, not less8

than 10 percent of such funds for each fiscal year9

through fiscal year 2005 shall be authorized only for10

the Under Secretary, through joint agreement with11

the Commandant of the Coast Guard, to carry out12

research and development of improved ports, water-13

ways, and coastal security surveillance and perimeter14

protection capabilities for the purpose of minimizing15

the possibility that Coast Guard cutters, aircraft,16

helicopters, and personnel will be diverted from non-17

homeland security missions to the ports, waterways,18

and coastal security mission.19

(d) RESPONSIBILITIES OF THE HOMELAND SECU-20

RITY ADVANCED RESEARCH PROJECTS AGENCY.—The21

Homeland Security Advance Research Project Agency22

shall have the following responsibilities:23

(1) To facilitate effective communication among24

departments, agencies, and other entities of the Fed-25

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46

S.L.C.

eral Government, with respect to the conduct of re-1

search and development related to homeland secu-2

rity.3

(2) To identify, by consensus and on a yearly4

basis, specific technology areas for which the Fund5

shall be used to rapidly transition homeland security6

research and development into deployed technology7

and reduce identified homeland security8

vulnerabilities. The identified technology areas shall,9

as determined by the Homeland Security Advanced10

Research Projects Agency, be areas in which there11

exist research and development projects that address12

identified homeland security vulnerabilities and can13

be accelerated to the stage of prototyping, evalu-14

ating, transitioning, or deploying.15

(3) To administer the Fund, including—16

(A) issuing an annual multiagency pro-17

gram announcement soliciting proposals from18

government entities, federally funded research19

and development centers, industry, and aca-20

demia;21

(B) competitively selecting, on the basis of22

a merit-based review, proposals that advance23

the state of deployed technologies in the areas24

identified for that year;25

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47

S.L.C.

(C) at the discretion of the HSARPA, as-1

signing 1 or more program managers to over-2

see, administer, and execute a Fund project as3

the agent of HSARPA; and4

(D) providing methods of funding, includ-5

ing grants, cooperative agreements, joint spon-6

sorship agreements, or any other transaction.7

(4) With respect to expenditures from the8

Fund, exercise acquisition authority consistent with9

the authority described under section 2371 of title10

10, United States Code, relating to authorizing co-11

operative agreements and other transactions.12

(5) In hiring personnel to assist in the adminis-13

tration of the HSARPA, have the authority to exer-14

cise the personnel hiring and management authori-15

ties described in section 1101 of the Strom Thur-16

mond National Defense Authorization Act for Fiscal17

Year 1999 (5 U.S.C. 3104 note; Public Law 105–18

261) with the stipulation that the Secretary shall ex-19

ercise such authority for a period of 7 years com-20

mencing on the date of enactment of this Act, that21

a maximum of 100 persons may be hired under such22

authority, and that the term of appointments for23

employees under subsection (c)(1) of that section24

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48

S.L.C.

may not exceed 5 years before the granting of any1

extension under subsection (c)(2) of that section.2

(6) Develop and oversee the implementation of3

periodic homeland security technology demonstra-4

tions, held at least annually, for the purpose of im-5

proving contact between technology developers, ven-6

dors, and acquisition personnel associated with re-7

lated industries.8

SEC. 307. MISCELLANEOUS AUTHORITIES RELATING TO NA-9

TIONAL LABORATORIES.10

(a) IN GENERAL.—The limitation of the number of11

employees of the Department of Energy national labora-12

tories assigned to Washington, D.C. shall not apply to13

those employees who, at the request of the Secretary, are14

assigned, on a temporary basis, to assist in the establish-15

ment of the Department.16

(b) DIRECT TASKING.—Notwithstanding any other17

law governing the administration, mission, use, or oper-18

ations of any of the Department of Energy national lab-19

oratories and sites, such laboratories and sites are author-20

ized to accept direct tasking from the Secretary or his des-21

ignee, consistent with resources provided, and perform22

such tasking on an equal basis to other missions at the23

laboratory and not on a noninterference basis with other24

missions of such laboratory or site.25

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S.L.C.

SEC. 308. HOMELAND SECURITY INSTITUTE.1

Within the Directorate of Science and Technology2

there shall be established a Homeland Security Institute3

as a separate federally funded research and development4

center under the direction of the Under Secretary to per-5

form policy and systems analysis, assist in the definition6

of standards and metrics, assist agencies with evaluating7

technologies for deployment, proposing risk management8

strategies based on technology developments, and per-9

forming other appropriate research and analysis to im-10

prove policy and decisionmaking as it relates to the mis-11

sion of the Department. The Homeland Security Institute12

shall utilize the capabilities of the National Infrastructure13

Simulation and Analysis Center.14

SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NA-15

TIONAL LABORATORIES AND SITES IN SUP-16

PORT OF HOMELAND SECURITY ACTIVITIES.17

(a) OFFICE FOR NATIONAL LABORATORIES.—There18

is established within the Directorate of Science and Tech-19

nology an Office for National Laboratories, which shall be20

responsible for the coordination and utilization of the De-21

partment of Energy national laboratories and sites in a22

manner to create a networked laboratory system for the23

purpose of supporting the missions of the Department.24

(b) JOINT SPONSORSHIP.—The Department may be25

a joint sponsor, under a multiple agency sponsorship ar-26

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50

S.L.C.

rangement with the Department of Energy, of 1 or more1

Department of Energy national laboratories in the per-2

formance of work.3

(c) ARRANGEMENTS.—The Department may be a4

joint sponsor of a Department of Energy site in the per-5

formance of work as if such site were a federally funded6

research and development center and the work were per-7

formed under a multiple agency sponsorship arrangement8

with the Department.9

(d) PRIMARY SPONSOR.—The Department of Energy10

shall be the primary sponsor under a multiple agency11

sponsorship arrangement entered into under subsection12

(a) or (b).13

(e) LEAD AGENT.—14

(1) IN GENERAL.—The Secretary of Energy15

shall act as the lead agent in coordinating the for-16

mation and performance of a joint sponsorship17

agreement between the Department and a Depart-18

ment of Energy national laboratory or site for work19

on homeland security.20

(2) FEDERAL ACQUISITION REGULATION.—Any21

work performed by a national laboratory or site22

under this section shall comply with the policy on23

the use of federally funded research and develop-24

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51

S.L.C.

ment centers under section 35.017(a) (4) of the1

Federal Acquisition Regulation.2

(f) FUNDING.—The Department shall provide funds3

for work at the Department of Energy national labora-4

tories or sites, as the case may be, under this section5

under the same terms and conditions as apply to the pri-6

mary sponsor of such national laboratory under section7

303(b)(1)(C) of the Federal Property and Administrative8

Services Act of 1949 (41 U.S.C. 253 (b)(1)(C)) or of such9

site to the extent such section applies to such site as a10

federally funded research and development center by rea-11

son of subsection (b).12

(g) AUTHORITIES OF SECRETARY AND UNDER SEC-13

RETARY.—In connection with work involving the Depart-14

ment of Energy national laboratories or sites, the Sec-15

retary or Under Secretary for Science and Technology—16

(1) may enter into joint sponsorship agreements17

with Department of Energy national laboratories or18

sites;19

(2) may directly fund, task, and manage work20

at the Department of Energy national laboratories21

and sites; and22

(3) may permit the director of any Department23

of Energy national laboratory or site to enter into24

cooperative research and development agreements or25

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52

S.L.C.

to negotiate licensing agreements with any person,1

any agency or instrumentality, of the United States,2

any unit of State or local government, and any other3

entity under the authority granted by section 12 of4

the Stevenson-Wydler Technology Innovation Act of5

1980 (15 U.S.C. 3710a). Technology may be trans-6

ferred to a non-Federal party to such an agreement7

consistent with the provisions of sections 11 and 128

of such Act (15 U.S.C. 3710, 3710a).9

SEC. 310. TRANSFER OF PLUM ISLAND ANIMAL DISEASE10

CENTER, DEPARTMENT OF AGRICULTURE.11

(a) IN GENERAL.—In accordance with title VIII, the12

Secretary of Agriculture shall transfer to the Secretary of13

Homeland Security the Plum Island Animal Disease Cen-14

ter of the Department of Agriculture, including the assets15

and liabilities of the Center.16

(b) CONTINUED DEPARTMENT OF AGRICULTURE AC-17

CESS.—On completion of the transfer of the Plum Island18

Animal Disease Center under subsection (a), the Secretary19

of Homeland Security and the Secretary of Agriculture20

shall enter into an agreement to ensure that the Depart-21

ment of Agriculture is able to carry out research, diag-22

nostic, and other activities of the Department of Agri-23

culture at the Center.24

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53

S.L.C.

(c) DIRECTION OF ACTIVITIES.—The Secretary of1

Agriculture shall continue to direct the research, diag-2

nostic, and other activities of the Department of Agri-3

culture at the Center described in subsection (b).4

(d) NOTIFICATION.—5

(1) IN GENERAL.—At least 180 days before any6

change in the biosafety level at the Plum Island Ani-7

mal Disease Center, the President shall notify Con-8

gress of the change and describe the reasons for the9

change.10

(2) LIMITATION.—No change described in para-11

graph (1) may be made earlier than 180 days after12

the completion of the transition period (as defined in13

section 801(2)).14

SEC. 311. CLEARINGHOUSE.15

(a) IN GENERAL.—The Secretary, acting through the16

Under Secretary for Science and Technology, shall provide17

for a clearinghouse as a central, national point of entry18

for individuals or companies seeking guidance on how to19

pursue proposals to develop or deploy products that would20

contribute to homeland security. Such clearinghouse shall21

refer those seeking guidance on Federal funding, regula-22

tion, acquisition, or other matters to the appropriate unit23

of the Department or to other appropriate Federal agen-24

cies.25

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54

S.L.C.

(b) SCREENINGS AND ASSESSMENTS.—The Under1

Secretary for Science and Technology shall work in con-2

junction with the Technical Support Working Group (or-3

ganized under the April 1982, National Security Decision4

Directive Numbered 30) to—5

(1) screen proposals described in subsection (a),6

as appropriate;7

(2) assess the feasibility, scientific and technical8

merits, and estimated cost of proposals screened9

under paragraph (1), as appropriate; and10

(3) identify areas where existing technologies11

may be easily adapted and deployed to meet the12

homeland security agenda of the Federal Govern-13

ment.14

TITLE IV—BORDER AND15

TRANSPORTATION SECURITY16

SEC. 401. UNDER SECRETARY FOR BORDER AND TRANS-17

PORTATION SECURITY.18

There shall be in the Department a Directorate for19

Border and Transportation Security headed by an Under20

Secretary for Border and Transportation Security.21

SEC. 402. RESPONSIBILITIES.22

In assisting the Secretary with the responsibilities23

specified in section 101(b)(2)(C), the primary responsibil-24

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55

S.L.C.

ities of the Under Secretary for Border and Transpor-1

tation Security shall include—2

(1) preventing the entry of terrorists and the3

instruments of terrorism into the United States;4

(2) securing the borders, territorial waters,5

ports, terminals, waterways, and air, land, and sea6

transportation systems of the United States, includ-7

ing managing and coordinating governmental activi-8

ties at ports of entry;9

(3) administering the immigration and natu-10

ralization laws of the United States, including the11

establishment of rules, in accordance with section12

406, governing the granting of visas or other forms13

of permission, including parole, to enter the United14

States to individuals who are not citizens or lawful15

permanent residents thereof;16

(4) administering the customs laws of the17

United States;18

(5) in carrying out the foregoing responsibil-19

ities, ensuring the speedy, orderly, and efficient flow20

of lawful traffic and commerce;21

(6) carrying out the border patrol function; and22

(7) administering and enforcing the functions of23

the Department under the immigration laws of the24

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56

S.L.C.

United States with respect to the inspection of aliens1

arriving at ports of entry of the United States.2


(a) IN GENERAL.—In accordance with title VIII,4

there shall be transferred to the Secretary the functions,5

personnel, assets, and liabilities of—6

(1) the United States Customs Service of the7

Department of the Treasury, including the functions8

of the Secretary of the Treasury relating thereto;9

(2) the Transportation Security Administration10

of the Department of Transportation, including the11

functions of the Secretary of Transportation, and of12

the Under Secretary of Transportation for Security,13

relating thereto;14

(3) the Federal Protective Service of the Gen-15

eral Services Administration, including the functions16

of the Administrator of General Services relating17

thereto; and18

(4) the Federal Law Enforcement Training19

Center of the Department of the Treasury.20

(b) EXERCISE OF CUSTOMS REVENUE AUTHORI-21

TIES.—22


(A) AUTHORITIES NOT TRANSFERRED.—24

Notwithstanding subsection (a)(1), authority25

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57

S.L.C.

that was vested in the Secretary of the Treas-1

ury by law to issue regulations related to cus-2

toms revenue functions before the effective date3

of this section under the provisions of law set4

forth under paragraph (2) shall not be trans-5

ferred to the Secretary by reason of this Act.6

The Secretary of the Treasury, with the concur-7

rence of the Secretary, shall exercise this au-8

thority. The Commissioner of Customs is au-9

thorized to engage in activities to develop and10

support the issuance of the regulations de-11

scribed in this paragraph. The Secretary shall12

be responsible for the implementation and en-13

forcement of regulations issued under this sec-14

tion.15

(B) REPORT.—Not later than 60 days16

after the date of enactment of this Act, the Sec-17

retary of the Treasury shall submit a report to18

the Committee on Finance of the Senate and19

the Committee on Ways and Means of the20

House of Representatives of proposed con-21

forming amendments to the statutes set forth22

under paragraph (2) in order to determine the23

appropriate allocation of legal authorities de-24

scribed under this subsection. The Secretary of25

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58

S.L.C.

the Treasury shall also identify those authori-1

ties vested in the Secretary of the Treasury2

that are exercised by the Commissioner of Cus-3

toms on or before the effective date of this sec-4

tion.5

(C) LIABILITY.—Neither the Secretary of6

the Treasury nor the Department of the Treas-7

ury shall be liable for or named in any legal ac-8

tion concerning the implementation and en-9

forcement of regulations issued under this para-10

graph after the effective date of this Act.11

(2) APPLICABLE LAWS.—The provisions of law12

referred to under paragraph (1) are those sections13

of the following statutes that relate to customs rev-14

enue functions:15

(A) The Tariff Act of 1930.16

(B) Section 249 of the Revised Statutes of17

the United States (19 U.S.C. 3).18

(C) Section 2 of the Act of March 4, 192319

(19 U.S.C. 6).20

(D) Section 13031 of the Consolidated21

Omnibus Budget Reconciliation Act of 198522

(19 U.S.C. 58c).23

(E) Section 251 of the Revised States of24

the United States (19 U.S.C. 66).25

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59

S.L.C.

(F) Section 1 of the Act of June 26, 19301

(19 U.S.C. 68).2

(G) The Foreign Trade Zones Act (193

U.S.C. 81a et seq.).4

(H) Section 1 of the Act of March 2, 19115

(19 U.S.C. 198).6

(I) The Trade Act of 1974.7

(J) The Trade Agreement Act of 1979.8

(K) The North American Free Trade Area9

Implementation Act.10

(L) The Uruguay Round Agreements Act.11

(M) The Caribbean Basin Economic Re-12

covery Act.13

(N) The Andean Growth and Opportunity14

Act.15

(O) Any other provision of law vesting cus-16

toms revenue functions in the Secretary of the17

Treasury.18

(3) DEFINITIONS OF CUSTOMS REVENUE FUNC-19

TIONS.—In this subsection, the term ‘‘customs rev-20

enue functions’’ means—21

(A) assessing, collecting, and refunding du-22

ties (including any special duties), excise taxes,23

fees, and any liquidated damages or penalties24

due on imported merchandise, including25

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60

S.L.C.

classifying and valuing merchandise and the1

procedures for ‘‘entry’’ as that term is defined2

in the United States Customs laws;3

(B) administering section 337 of the Tariff4

Act of 1930 and provisions relating to import5

quotas and the marking of imported merchan-6

dise, and providing Customs Recordation for7

copyrights, patents, and trademarks;8

(C) collecting accurate import data for9

compilation of international trade statistics; and10

(D) administering reciprocal trade agree-11

ments and trade preference legislation.12

SEC. 404. TRANSFER OF CERTAIN AGRICULTURAL INSPEC-13

TION FUNCTIONS OF THE DEPARTMENT OF14

AGRICULTURE.15

(a) TRANSFER OF AGRICULTURAL IMPORT AND16

ENTRY INSPECTION FUNCTIONS.—There shall be trans-17

ferred to the Secretary the functions of the Secretary of18

Agriculture relating to agricultural import and entry in-19

spection activities under the laws specified in subsection20

(b).21

(b) COVERED ANIMAL AND PLANT PROTECTION22

LAWS.—The laws referred to in subsection (a) are the fol-23

lowing:24

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61

S.L.C.

(1) The Act commonly known as the Virus-1

Serum-Toxin Act (the eighth paragraph under the2

heading ‘‘Bureau of Animal Industry’’ in the Act of3

March 4, 1913; 21 U.S.C. 151 et seq.).4

(2) The first section of the Act of August 31,5

1922 (commonly known as the Honeybee Act; 76

U.S.C. 281).7

(3) Title III of the Federal Seed Act (7 U.S.C.8

1581 et seq.).9

(4) The Plant Protection Act (7 U.S.C. 7701 et10

seq.).11

(5) The Animal Health Protection Act (subtitle12

E of title X of Public Law 107-171; 7 U.S.C. 830113

et seq.).14

(6) The Lacey Act Amendments of 1981 (1615

U.S.C. 3371 et seq.).16

(7) Section 11 of the Endangered Species Act17

of 1973 (16 U.S.C. 1540).18

(c) EXCLUSION OF QUARANTINE ACTIVITIES.—For19

purposes of this section, the term ‘‘functions’’ does not20

include any quarantine activities carried out under the21

laws specified in subsection (b).22

(d) EFFECT OF TRANSFER.—23

(1) COMPLIANCE WITH DEPARTMENT OF AGRI-24

CULTURE REGULATIONS.—The authority transferred25

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62

S.L.C.

pursuant to subsection (a) shall be exercised by the1

Secretary in accordance with the regulations, poli-2

cies, and procedures issued by the Secretary of Agri-3

culture regarding the administration of the laws4

specified in subsection (b).5

(2) RULEMAKING COORDINATION.—The Sec-6

retary of Agriculture shall coordinate with the Sec-7

retary whenever the Secretary of Agriculture pre-8

scribes regulations, policies, or procedures for ad-9

ministering the laws specified in subsection (b) at10

the locations referred to in subsection (a).11

(3) EFFECTIVE ADMINISTRATION.—The Sec-12

retary, in consultation with the Secretary of Agri-13

culture, may issue such directives and guidelines as14

are necessary to ensure the effective use of personnel15

of the Department to carry out the functions trans-16

ferred pursuant to subsection (a).17

(e) TRANSFER AGREEMENT.—18

(1) AGREEMENT REQUIRED; REVISION.—Before19

the end of the transition period, as defined in section20

801(2), the Secretary of Agriculture and the Sec-21

retary shall enter into an agreement to effectuate22

the transfer of functions required by subsection (a).23

The Secretary of Agriculture and the Secretary may24

jointly revise the agreement as necessary thereafter.25

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S.L.C.

(2) REQUIRED TERMS.—The agreements re-1

quired by this subsection shall provide for the fol-2

lowing:3

(A) The supervision by the Secretary of4

Agriculture of the training of employees of the5

Department to carry out the functions trans-6

ferred pursuant to subsection (a).7

(B) The transfer of funds to the Secretary8

under subsection (f).9

(C) Authority under which the Secretary10

may perform functions that are delegated to the11

Animal and Plant Inspection Service of the De-12

partment of Agriculture regarding the protec-13

tion of domestic livestock and plants, but not14

transferred to the Secretary pursuant to sub-15

section (a).16

(D) Authority under which the Secretary17

of Agriculture may use employees of the De-18

partment to carry out authorities delegated to19

the Animal and Plant Health Inspection Service20

regarding the protection of domestic livestock21

and plants.22

(f) PERIODIC TRANSFER OF FUNDS TO DEPART-23

MENT OF HOMELAND SECURITY.—24

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64

S.L.C.

(1) TRANSFER OF FUNDS.—Subject to para-1

graph (2), out of any funds collected as fees under2

sections 2508 and 2509 of the Food, Agriculture,3

Conservation, and Trade Act of 1990 (21 U.S.C.4

136, 136a), the Secretary of Agriculture shall peri-5

odically transfer to the Secretary, in accordance with6

the agreement under subsection (e), funds for activi-7

ties carried out by the Secretary for which the fees8

were collected.9

(2) LIMITATION.—The proportion of fees col-10

lected under sections 2508 and 2509 of the Food,11

Agriculture, Conservation, and Trade Act of 199012

(21 U.S.C. 136, 136a) that are transferred to the13

Secretary under paragraph (1) may not exceed the14

proportion that—15

(A) the costs incurred by the Secretary to16

carry out activities funded by those fees; bears17

to18

(B) the costs incurred by the Federal Gov-19

ernment to carry out activities funded by those20

fees.21

(g) TRANSFER OF DEPARTMENT OF AGRICULTURE22

EMPLOYEES.—Not later than the completion of the transi-23

tion period (as defined in section 801(2)), the Secretary24

of Agriculture shall transfer to the Department not more25

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65

S.L.C.

than 3,200 full-time equivalent positions of the Depart-1

ment of Agriculture.2

(h) PROTECTION OF INSPECTION ANIMALS.—Title V3

of the Agricultural Risk Protection Act of 2002 (7 U.S.C.4

2279e, 2279f) is amended—5

(1) in section 501(a)—6

(A) by inserting ‘‘or the Department of7

Homeland Security’’ after ‘‘Department of Ag-8

riculture’’; and9

(B) by inserting ‘‘or the Secretary of10

Homeland Security’’ after ‘‘Secretary of Agri-11

culture’’;12

(2) by striking ‘‘Secretary’’ each place it ap-13

pears (other than in sections 501(a) and 501(e))14

and inserting ‘‘Secretary concerned’’; and15

(3) by adding at the end of section 501 the fol-16

lowing:17

‘‘(i) SECRETARY CONCERNED DEFINED.—In this18

title, the term ‘Secretary concerned’ means—19

‘‘(1) the Secretary of Agriculture, with respect20

to an animal used for purposes of official inspections21

by the Department of Agriculture; and22

‘‘(2) the Secretary of Homeland Security, with23

respect to an animal used for purposes of official in-24

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66

S.L.C.

spections by the Department of Homeland Secu-1

rity.’’.2

(j) CONFORMING AMENDMENTS.—3

(1) Section 501 of the Agricultural Risk Protec-4

tion Act of 2000 (7 U.S.C. 2279e) is amended—5

(A) in subsection (a)—6

(i) by inserting ‘‘or the Department of7

Homeland Security’’ after ‘‘Department of8

Agriculture’’; and9

(ii) by inserting ‘‘or the Secretary of10

Homeland Security’’ after ‘‘Secretary of11

Agriculture’’; and12

(B) by striking ‘‘Secretary’’ each place it13

appears (other than in subsections (a) and (e))14

and inserting ‘‘Secretary concerned’’.15

(2) Section 221 of the Public Health Security16

and Bioterrorism Preparedness and Response Act of17

2002 (7 U.S.C. 8411) is repealed.18

SEC. 405. COORDINATION OF INFORMATION AND INFORMA-19

TION TECHNOLOGY.20

(a) DEFINITION OF AFFECTED AGENCY.—In this21

section, the term ‘‘affected agency’’ means—22

(1) the Department;23

(2) the Department of Agriculture;24

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67

S.L.C.

(3) the Department of Health and Human1

Services; and2

(4) any other department or agency determined3

to be appropriate by the Secretary.4

(b) COORDINATION.—The Secretary, in coordination5

with the Secretary of Agriculture, the Secretary of Health6

and Human Services, and the head of each other depart-7

ment or agency determined to be appropriate by the Sec-8

retary, shall ensure that appropriate information (as de-9

termined by the Secretary) concerning inspections of arti-10

cles that are imported or entered into the United States,11

and are inspected or regulated by 1 or more affected agen-12

cies, is timely and efficiently exchanged between the af-13

fected agencies.14

(c) REPORT AND PLAN.—Not later than 18 months15

after the date of enactment of this Act, the Secretary, in16

consultation with the Secretary of Agriculture, the Sec-17

retary of Health and Human Services, and the head of18

each other department or agency determined to be appro-19

priate by the Secretary, shall submit to Congress—20

(1) a report on the progress made in imple-21

menting this section; and22

(2) a plan to complete implementation of this23

section.24

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S.L.C.

SEC. 406. VISA ISSUANCE.1

(a) DEFINITION.—In this subsection, the term ‘‘con-2

sular office’’ has the meaning given that term under sec-3

tion 101(a)(9) of the Immigration and Nationality Act (84

U.S.C. 1101(a)(9)).5

(b) IN GENERAL.—Notwithstanding section 104(a)6

of the Immigration and Nationality Act (8 U.S.C.7

1104(a)) or any other provision of law, and except as pro-8

vided in subsection (c) of this section, the Secretary—9

(1) shall be vested exclusively with all authori-10

ties to issue regulations with respect to, administer,11

and enforce the provisions of such Act, and of all12

other immigration and nationality laws, relating to13

the functions of consular officers of the United14

States in connection with the granting or refusal of15

visas which authorities shall be exercised through16

the Secretary of State, except that the Secretary17

shall not have authority to alter or reverse the deci-18

sion of a consular officer to refuse a visa to an alien;19

(2) may delegate in whole or part the authority20

under subparagraph (A) to the Secretary of State;21

and22

(3) shall have authority to confer or impose23

upon any officer or employee of the United States,24

with the consent of the head of the executive agency25

under whose jurisdiction such officer or employee is26

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69

S.L.C.

serving, any of the functions specified in paragraph1

(1).2

(c) AUTHORITY OF THE SECRETARY OF STATE.—3

(1) IN GENERAL.—Notwithstanding subsection4

(b), the Secretary of State may direct a consular of-5

ficer to refuse a visa to an alien if the Secretary of6

State deems such refusal necessary or advisable in7

the foreign policy or security interests of the United8

States.9

(2) CONSTRUCTION REGARDING AUTHORITY.—10

Nothing in this section shall be construed as affect-11

ing the authorities of the Secretary of State under12

the following provisions of law:13

(A) Section 101(a)(15)(A) of the Immigra-14

tion and Nationality Act (8 U.S.C.15

1101(a)(15)(A)).16

(B) Section 204(d)(2) of the Immigration17

and Nationality Act (8 U.S.C. 1154) (as it will18

take effect upon the entry into force of the Con-19

vention on Protection of Children and Coopera-20

tion in Respect to Inter-Country adoption).21

(C) Section 212(a)(3)(B)(i)(IV)(bb) of the22

Immigration and Nationality Act (8 U.S.C.23

1182(a)(3)(B)(i)(IV)(bb)).24

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S.L.C.

(D) Section 212(a)(3)(B)(i)(VI) of the Im-1

migration and Nationality Act (8 U.S.C.2

1182(a)(3)(B)(i)(VI)).3

(E) Section 212(a)(3)(B)(vi)(II) of the Im-4

migration and Nationality Act (8 U.S.C.5

1182(a)(3)(B)(vi)(II)).6

(F) Section 212(a)(3(C) of the Immigra-7


1182(a)(3)(C)).9

(G) Section 212(a)(10)(C) of the Immigra-10


1182(a)(10)(C)).12

(H) Section 212(f) of the Immigration and13

Nationality Act (8 U.S.C. 1182(f)).14

(I) Section 219(a) of the Immigration and15

Nationality Act (8 U.S.C. 1189(a)).16

(J) Section 237(a)(4)(C) of the Immigra-17


1227(a)(4)(C)).19

(K) Section 401 of the Cuban Liberty and20

Democratic Solidarity (LIBERTAD) Act of21

1996 (22 U.S.C. 6034; Public Law 104–114).22

(L) Section 613 of the Departments of23

Commerce, Justice, and State, the Judiciary24

and Related Agencies Appropriations Act, 199925

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71

S.L.C.

(as contained in section 101(b) of division A of1

Public Law 105–277) (Omnibus Consolidated2

and Emergency Supplemental Appropriations3

Act, 1999); 112 Stat. 2681; H.R. 4328 (origi-4

nally H.R. 4276) as amended by section 617 of5

Public Law 106–553.6

(M) Section 103(f) of the Chemical Weap-7

on Convention Implementation Act of 19988

(112 Stat. 2681–865).9

(N) Section 801 of H.R. 3427, the Admi-10

ral James W. Nance and Meg Donovan Foreign11

Relations Authorization Act, Fiscal Years 200012

and 2001, as enacted by reference in Public13

Law 106–113.14

(O) Section 568 of the Foreign Operations,15

Export Financing, and Related Programs Ap-16

propriations Act, 2002 (Public Law 107–115).17

(P) Section 51 of the State Department18

Basic Authorities Act of 1956 (22 U.S.C.19

2723).20

(d) CONSULAR OFFICERS AND CHIEFS OF MIS-21

SIONS.—22

(1) IN GENERAL.—Nothing in this subsection23

may be construed to alter or affect—24

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(A) the employment status of consular offi-1

cers as employees of the Department of State;2

or3

(B) the authority of a chief of mission4

under section 207 of the Foreign Service Act of5

1980 (22 U.S.C. 3927).6

(2) CONSTRUCTION REGARDING DELEGATION7

OF AUTHORITY.—Nothing in this section shall be8

construed to affect any delegation of authority to the9

Secretary of State by the President pursuant to any10

proclamation issued under section 212(f) of the Im-11

migration and Nationality Act (8 U.S.C. 1182(f)).12

(e) ASSIGNMENT OF HOMELAND SECURITY EMPLOY-13

EES TO DIPLOMATIC AND CONSULAR POSTS.—14

(1) IN GENERAL.—The Secretary is authorized15

to assign employees of the Department to each dip-16

lomatic and consular post at which visas are issued,17

unless the Secretary determines that such an assign-18

ment at a particular post would not promote home-19

land security.20

(2) FUNCTIONS.—Employees assigned under21

paragraph (1) shall perform the following functions:22

(i) Provide expert advice to consular offi-23

cers regarding specific security threats relating24

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to the adjudication of individual visa applica-1

tions or classes of applications.2

(ii) Review any such applications, either on3

the initiative of the employee of the Department4

or upon request by a consular officer or other5

person charged with adjudicating such applica-6

tions.7

(iii) Conduct investigations with respect to8

consular matters under the jurisdiction of the9

Secretary.10

(3) EVALUATION OF CONSULAR OFFICERS.—11

The Secretary of State shall evaluate, in consulta-12

tion with the Secretary, as deemed appropriate by13

the Secretary, the performance of consular officers14

with respect to the processing and adjudication of15

applications for visas in accordance with perform-16

ance standards developed by the Secretary for these17

procedures.18

(4) REPORT.—The Secretary shall, on an an-19

nual basis, submit a report to Congress that de-20

scribes the basis for each determination under para-21

graph (1) that the assignment of an employee of the22

Department at a particular diplomatic post would23

not promote homeland security.24

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(5) PERMANENT ASSIGNMENT; PARTICIPATION1

IN TERRORIST LOOKOUT COMMITTEE.—When appro-2

priate, employees of the Department assigned to per-3

form functions described in paragraph (2) may be4

assigned permanently to overseas diplomatic or con-5

sular posts with country-specific or regional respon-6

sibility. If the Secretary so directs, any such em-7

ployee, when present at an overseas post, shall par-8

ticipate in the terrorist lookout committee estab-9

lished under section 304 of the Enhanced Border10

Security and Visa Entry Reform Act of 2002 (811

U.S.C. 1733).12

(6) TRAINING AND HIRING.—13

(A) IN GENERAL.—The Secretary shall en-14

sure, to the extent possible, that any employees15

of the Department assigned to perform func-16

tions under paragraph (2) and, as appropriate,17

consular officers, shall be provided the nec-18

essary training to enable them to carry out19

such functions, including training in foreign20

languages, in conditions in the particular coun-21

try where each employee is assigned, and in22

other appropriate areas of study.23

(B) USE OF CENTER.—The Secretary is24

authorized to use the National Foreign Affairs25

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75

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Training Center, on a reimbursable basis, to ob-1

tain the training described in subparagraph2

(A).3

(7) REPORT.—Not later than 1 year after the4

date of enactment of this Act, the Secretary and the5

Secretary of State shall submit to Congress—6

(A) a report on the implementation of this7

subsection; and8

(B) any legislative proposals necessary to9

further the objectives of this subsection.10

(8) EFFECTIVE DATE.—This subsection shall11

take effect on the earlier of—12

(A) the date on which the President pub-13

lishes notice in the Federal Register that the14

President has submitted a report to Congress15

setting forth a memorandum of understanding16

between the Secretary and the Secretary of17

State governing the implementation of this sec-18

tion; or19

(B) the date occurring 1 year after the20

date of enactment of this Act.21

(f) NO CREATION OF PRIVATE RIGHT OF ACTION.—22

Nothing in this section shall be construed to create or au-23

thorize a private right of action to challenge a decision24

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of a consular officer or other United States official or em-1

ployee to grant or deny a visa.2

SEC. 407. BORDER SECURITY AND IMMIGRATION WORKING3

GROUP.4

(a) ESTABLISHMENT.—The Secretary shall establish5

a border security and immigration working group (in this6

section referred to as the ‘‘Working Group’’), composed7

of the Secretary or the designee of the Secretary, the8

Under Secretary for Immigration Affairs, and the Under9

Secretary for Border and Transportation protection.10

(b) FUNCTIONS.—The Working Group shall meet not11

less frequently than once every 3 months and shall—12

(1) with respect to border security functions,13

develop coordinated budget requests, allocations of14

appropriations, staffing requirements, communica-15

tion, use of equipment, transportation, facilities, and16

other infrastructure;17

(2) coordinate joint and cross-training pro-18

grams for personnel performing border security19

functions;20

(3) monitor, evaluate and make improvements21

in the coverage and geographic distributions of bor-22

der security programs and personnel;23

(4) develop and implement policies and tech-24

nologies to ensure the speedy, orderly, and efficient25

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flow of lawful traffic, travel and commerce, and en-1

hanced security for high-risk traffic, travel, and2

commerce;3

(5) identify systemic problems in coordination4

encountered by border security agencies and pro-5

grams and propose administrative, regulatory, or6

statutory changes to mitigate such problems; and7

(6) coordinate the enforcement of all immigra-8

tion laws.9

(c) RELEVANT AGENCIES.—The Secretary shall con-10

sult with representatives of relevant agencies with respect11

to deliberations under subsection (b), and may include12

representative of such agencies in working group delibera-13

tions, as appropriate.14

SEC. 408. INFORMATION ON VISA DENIALS REQUIRED TO15

BE ENTERED INTO ELECTRONIC DATA SYS-16

TEM.17

(a) IN GENERAL.—Whenever a consular officer of the18

United States denies a visa to an applicant, the consular19

officer shall enter the fact and the basis of the denial and20

the name of the applicant into the interoperable electronic21

data system implemented under section 202(a) of the En-22

hanced Border Security and Visa Entry Reform Act of23

2002 (8 U.S.C. 1722(a)).24

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(b) PROHIBITION.—In the case of any alien with re-1

spect to whom a visa has been denied under subsection2

(a)—3

(1) no subsequent visa may be issued to the4

alien unless the consular officer considering the5

alien’s visa application has reviewed the information6

concerning the alien placed in the interoperable elec-7

tronic data system, has indicated on the alien’s ap-8

plication that the information has been reviewed,9

and has stated for the record why the visa is being10

issued or a waiver of visa ineligibility recommended11

in spite of that information; and12

(2) the alien may not be admitted to the United13

States without a visa issued in accordance with the14

procedures described in paragraph (1).15

SEC. 409. STUDY ON USE OF FOREIGN NATIONAL PER-16

SONNEL IN VISA PROCESSING.17

The Secretary shall conduct a study on the use of18

foreign national personnel in visa processing to determine19

whether such uses are consistent with secure visa proc-20

essing. The study shall review and make recommendations21

with respect to—22

(1) the effects or possible effects on national se-23

curity of the use of foreign national personnel in in-24

dividual countries to perform data entry, process25

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visas or visa applications, or in any way handle visas1

or visa application documents; and2

(2) each United States mission abroad to deter-3

mine whether United States consular services per-4

formed at the United States mission require dif-5

ferent regulations on the use of foreign national per-6

sonnel.7

TITLE V—EMERGENCY8

PREPAREDNESS AND RESPONSE9

SEC. 501. UNDER SECRETARY FOR EMERGENCY PREPARED-10

NESS AND RESPONSE.11

There shall be in the Department a Directorate of12

Emergency Preparedness and Response headed by an13

Under Secretary for Emergency Preparedness and Re-14

sponse.15


In assisting the Secretary with the responsibilities17

specified in section 101(b)(2)(D), the primary responsibil-18

ities of the Under Secretary for Emergency Preparedness19

and Response shall include—20

(1) helping to ensure the preparedness of emer-21

gency response providers for terrorist attacks, major22

disasters, and other emergencies;23

(2) with respect to the Nuclear Incident Re-24

sponse Team (regardless of whether it is operating25

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as an organizational unit of the Department pursu-1

ant to this title)—2

(A) establishing standards and certifying3

when those standards have been met;4

(B) conducting joint and other exercises5

and training and evaluating performance; and6

(C) providing funds to the Department of7

Energy and the Environmental Protection8

Agency, as appropriate, for homeland security9

planning, exercises and training, and equip-10

ment;11

(3) providing the Federal Government’s re-12

sponse to terrorist attacks and major disasters,13

including—14

(A) managing such response;15

(B) directing the Domestic Emergency16

Support Team, the Strategic National Stock-17

pile, the National Disaster Medical System, and18

(when operating as an organizational unit of19

the Department pursuant to this title) the Nu-20

clear Incident Response Team;21

(C) overseeing the Metropolitan Medical22

Response System; and23

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(D) coordinating other Federal response1

resources in the event of a terrorist attack or2

major disaster;3

(4) aiding the recovery from terrorist attacks4

and major disasters;5

(5) building a comprehensive national incident6

management system with Federal, State, and local7

government personnel, agencies, and authorities, to8

respond to such attacks and disasters;9

(6) consolidating existing Federal Government10

emergency response plans into a single, coordinated11

national response plan; and12

(7) developing comprehensive programs for de-13

veloping interoperative communications technology,14

and helping to ensure that emergency response pro-15

viders acquire such technology.16




and liabilities of the following entities:20

(1) The Federal Emergency Management Agen-21

cy, including the functions of the Director of the22

Federal Emergency Management Agency relating23

thereto.24

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(2) The Office for Domestic Preparedness of1

the Office of Justice Programs, including the func-2

tions of the Attorney General relating thereto.3

(3) The National Domestic Preparedness Office4

of the Federal Bureau of Investigation, including the5

functions of the Attorney General relating thereto.6

(4) The Domestic Emergency Support Teams7

of the Department of Justice, including the func-8

tions of the Attorney General relating thereto.9

(5) The Office of the Assistant Secretary for10

Public Health Emergency Preparedness (including11

the Office of Emergency Preparedness, the National12

Disaster Medical System, and the Metropolitan Med-13

ical Response System) of the Department of Health14

and Human Services, including the functions of the15

Secretary of Health and Human Services relating16

thereto.17

(6) The Strategic National Stockpile of the De-18

partment of Health and Human Services, including19

the functions of the Secretary of Health and Human20

Services relating thereto.21

SEC. 504. NUCLEAR INCIDENT RESPONSE.22

(a) IN GENERAL.—At the direction of the Secretary23

(in connection with an actual or threatened terrorist at-24

tack, major disaster, or other emergency), the Nuclear In-25

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S.L.C.

cident Response Team shall operate as an organizational1

unit of the Department. While so operating, the Nuclear2

Incident Response Team shall be subject to the direction,3

authority, and control of the Secretary.4

(b) RULE OF CONSTRUCTION.—Nothing in this title5

shall be construed to limit the ordinary responsibility of6

the Secretary of Energy and the Administrator of the En-7

vironmental Protection Agency for organizing, training,8

equipping, and utilizing their respective entities in the Nu-9

clear Incident Response Team, or (subject to the provi-10

sions of this title) from exercising direction, authority, and11

control over them when they are not operating as a unit12

of the Department.13

SEC. 505. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED14

ACTIVITIES.15

(a) IN GENERAL.—With respect to all public health-16

related activities to improve State, local, and hospital pre-17

paredness and response to chemical, biological, radio-18

logical, and nuclear and other emerging terrorist threats19

carried out by the Department of Health and Human20

Services (including the Public Health Service), the Sec-21

retary of Health and Human Services shall set priorities22

and preparedness goals and further develop a coordinated23

strategy for such activities in collaboration with the Sec-24

retary.25

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S.L.C.

(b) EVALUATION OF PROGRESS.—In carrying out1

subsection (a), the Secretary of Health and Human Serv-2

ices shall collaborate with the Secretary in developing spe-3

cific benchmarks and outcome measurements for evalu-4

ating progress toward achieving the priorities and goals5

described in such subsection.6

SEC. 506. DEFINITION.7

In this title, the term ‘‘Nuclear Incident Response8

Team’’ means a resource that includes—9

(1) those entities of the Department of Energy10

that perform nuclear or radiological emergency sup-11

port functions (including accident response, search12

response, advisory, and technical operations func-13

tions), radiation exposure functions at the medical14

assistance facility known as the Radiation Emer-15

gency Assistance Center/Training Site (REAC/TS),16

radiological assistance functions, and related func-17

tions; and18

(2) those entities of the Environmental Protec-19

tion Agency that perform such support functions (in-20

cluding radiological emergency response functions)21

and related functions.22

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TITLE VI—MANAGEMENT1

SEC. 601. UNDER SECRETARY FOR MANAGEMENT.2

There shall be in the Department a Directorate for3

Management, headed by an Under Secretary for Manage-4

ment.5


In assisting the Secretary with the management and7

administration of the Department, the primary respon-8

sibilities of the Under Secretary for Management shall in-9

clude, for the Department—10

(1) the budget, appropriations, expenditures of11

funds, accounting, and finance;12

(2) procurement;13

(3) human resources and personnel;14

(4) information technology and communications15

systems;16

(5) facilities, property, equipment, and other17

material resources;18

(6) security for personnel, information tech-19

nology and communications systems, facilities, prop-20

erty, equipment, and other material resources; and21

(7) identification and tracking of performance22

measures relating to the responsibilities of the De-23

partment.24

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SEC. 603. CHIEF FINANCIAL OFFICER.1

The Chief Financial Officer shall report to the Sec-2

retary, or to another official of the Department, as the3

Secretary may direct.4

SEC. 604. CHIEF INFORMATION OFFICER.5

The Chief Information Officer shall report to the Sec-6

retary, or to another official of the Department, as the7

Secretary may direct.8

SEC. 605. CHIEF HUMAN CAPITAL OFFICER.9

The Chief Human Capital Officer shall report to the10

Secretary, or to another official of the Department, as the11

Secretary may direct and shall ensure that all employees12

of the Department are informed of their rights and rem-13

edies under chapters 12 and 23 of title 5, United States14

Code, by—15

(1) participating in the 2302(c) Certification16

Program of the Office of Special Counsel;17

(2) achieving certification from the Office of18

Special Counsel of the Department’s compliance19

with section 2302(c) of title 5, United States Code;20

and21

(3) informing Congress of such certification not22

later than 24 months after the date of enactment of23

this Act.24

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S.L.C.

TITLE VII—COORDINATION WITH1

NON-FEDERAL ENTITIES; IN-2

SPECTOR GENERAL; UNITED3

STATES SECRET SERVICE;4

COAST GUARD; GENERAL5

PROVISIONS6

Subtitle A—Coordination with7

Non-Federal Entities8


In discharging his responsibilities relating to coordi-10

nation (including the provision of training and equipment)11

with State and local government personnel, agencies, and12

authorities, with the private sector, and with other enti-13

ties, the responsibilities of the Secretary shall include—14

(1) coordinating with State and local govern-15

ment personnel, agencies, and authorities, and with16

the private sector, to ensure adequate planning,17

equipment, training, and exercise activities;18

(2) coordinating and, as appropriate, consoli-19

dating the Federal Government’s communications20

and systems of communications relating to homeland21

security with State and local government personnel,22

agencies, and authorities, the private sector, other23

entities, and the public;24

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S.L.C.

(3) directing and supervising grant programs of1

the Federal Government for State and local govern-2

ment emergency response providers; and3

(4) distributing or, as appropriate, coordinating4

the distribution of, warnings and information to5

State and local government personnel, agencies, and6

authorities and to the public.7

Subtitle B—Inspector General8

SEC. 710. AUTHORITY OF THE SECRETARY.9

(a) IN GENERAL.—Notwithstanding the last two sen-10

tences of section 3(a) of the Inspector General Act of11

1978, the Inspector General shall be under the authority,12

direction, and control of the Secretary with respect to au-13

dits or investigations, or the issuance of subpoenas, that14

require access to information concerning—15

(1) intelligence, counterintelligence, or16

counterterrorism matters;17

(2) ongoing criminal investigations or pro-18

ceedings;19

(3) undercover operations;20

(4) the identity of confidential sources, includ-21

ing protected witnesses;22

(5) other matters the disclosure of which would,23

in the Secretary’s judgment, constitute a serious24

threat to the protection of any person or property25

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S.L.C.

authorized protection by section 3056 of title 18,1

United States Code, section 202 of title 3 of such2

Code, or any provision of the Presidential Protection3

Assistance Act of 1976; or4

(6) other matters the disclosure of which would,5

in the Secretary’s judgment, constitute a serious6

threat to national security.7

(b) PROHIBITION OF COMPLETION OF AUDIT OR IN-8

VESTIGATION.—With respect to the information described9

in subsection (a), the Secretary may prohibit the Inspector10

General from carrying out or completing any audit or in-11

vestigation, or from issuing any subpoena, after such In-12

spector General has decided to initiate, carry out, or com-13

plete such audit or investigation or to issue such subpoena,14

if the Secretary determines that such prohibition is nec-15

essary to prevent the disclosure of any information de-16

scribed in subsection (a), to preserve the national security,17

or to prevent a significant impairment to the interests of18

the United States.19

(c) NOTIFICATION.—The Secretary shall notify in20

writing the President of the Senate, the Speaker of the21

House of Representatives, the Committee on Govern-22

mental Affairs of the Senate, the Committee on Govern-23

ment Reform of the House of Representatives, and other24

appropriate committees of Congress within thirty days of25

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any exercise of his authority under this section stating the1

reasons for such exercise.2

SEC. 711. LAW ENFORCEMENT POWERS OF INSPECTOR3

GENERAL AGENTS.4

(a) IN GENERAL.—Section 6 of the Inspector General5

Act of 1978 (5 U.S.C. App.) is amended by adding at the6

end the following:7

‘‘(e)(1) In addition to the authority otherwise pro-8

vided by this Act, each Inspector General appointed under9

section 3, any Assistant Inspector General for Investiga-10

tions under such an Inspector General, and any special11

agent supervised by such an Assistant Inspector General12

may be authorized by the Attorney General to—13

‘‘(A) carry a firearm while engaged in official14

duties as authorized under this Act or other statute,15

or as expressly authorized by the Attorney General;16

‘‘(B) make an arrest without a warrant while17

engaged in official duties as authorized under this18

Act or other statute, or as expressly authorized by19

the Attorney General, for any offense against the20

United States committed in the presence of such In-21

spector General, Assistant Inspector General, or22

agent, or for any felony cognizable under the laws23

of the United States if such Inspector General, As-24

sistant Inspector General, or agent has reasonable25

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S.L.C.

grounds to believe that the person to be arrested has1

committed or is committing such felony; and2

‘‘(C) seek and execute warrants for arrest,3

search of a premises, or seizures of evidence issued4

under the authority of the United States upon prob-5

able cause to believe that a violation has been com-6

mitted.7

‘‘(2) The Attorney General may authorize exercise of8

the powers under this subsection only upon an initial de-9

termination that—10

‘‘(A) the affected Office of Inspector General is11

significantly hampered in the performance of respon-12

sibilities established by this Act as a result of the13

lack of such powers;14

‘‘(B) available assistance from other law en-15

forcement agencies is insufficient to meet the need16

for such powers; and17

‘‘(C) adequate internal safeguards and manage-18

ment procedures exist to ensure proper exercise of19

such powers.20

‘‘(3) The Inspector General offices of the Department21

of Commerce, Department of Education, Department of22

Energy, Department of Health and Human Services, De-23

partment of Homeland Security, Department of Housing24

and Urban Development, Department of the Interior, De-25

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S.L.C.

partment of Justice, Department of Labor, Department1

of State, Department of Transportation, Department of2

the Treasury, Department of Veterans Affairs, Agency for3

International Development, Environmental Protection4

Agency, Federal Deposit Insurance Corporation, Federal5

Emergency Management Agency, General Services Admin-6

istration, National Aeronautics and Space Administration,7

Nuclear Regulatory Commission, Office of Personnel Man-8

agement, Railroad Retirement Board, Small Business Ad-9

ministration, Social Security Administration, and the Ten-10

nessee Valley Authority are exempt from the requirement11

of paragraph (2) of an initial determination of eligibility12

by the Attorney General.13

‘‘(4) The Attorney General shall promulgate, and re-14

vise as appropriate, guidelines which shall govern the exer-15

cise of the law enforcement powers established under para-16

graph (1).17

‘‘(5) Powers authorized for an Office of Inspector18

General under paragraph (1) shall be rescinded or sus-19

pended upon a determination by the Attorney General that20

any of the requirements under paragraph (2) is no longer21

satisfied or that the exercise of authorized powers by that22

Office of Inspector General has not complied with the23

guidelines promulgated by the Attorney General under24

paragraph (4).25

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S.L.C.

‘‘(6) A determination by the Attorney General under1

paragraph (2) or (5) shall not be reviewable in or by any2

court.3

‘‘(7) To ensure the proper exercise of the law enforce-4

ment powers authorized by this subsection, the Offices of5

Inspector General described under paragraph (3) shall,6

not later than 180 days after the date of enactment of7

this subsection, collectively enter into a memorandum of8

understanding to establish an external review process for9

ensuring that adequate internal safeguards and manage-10

ment procedures continue to exist within each Office and11

within any Office that later receives an authorization12

under paragraph (2). The review process shall be estab-13

lished in consultation with the Attorney General, who shall14

be provided with a copy of the memorandum of under-15

standing that establishes the review process. Under the16

review process, the exercise of the law enforcement powers17

by each Office of Inspector General shall be reviewed peri-18

odically by another Office of Inspector General or by a19

committee of Inspectors General. The results of each re-20

view shall be communicated in writing to the applicable21

Inspector General and to the Attorney General.22

‘‘(8) No provision of this subsection shall limit the23

exercise of law enforcement powers established under any24

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S.L.C.

other statutory authority, including United States Mar-1

shals Service special deputation.’’.2

(b) PROMULGATION OF INITIAL GUIDELINES.—3

(1) DEFINITION.—In this subsection, the term4

‘‘memoranda of understanding’’ means the agree-5

ments between the Department of Justice and the6

Inspector General offices described under section7

6(e)(3) of the Inspector General Act of 1978 (58

U.S.C. App.) (as added by subsection (a) of this sec-9

tion) that—10

(A) are in effect on the date of enactment11

of this Act; and12

(B) authorize such offices to exercise au-13

thority that is the same or similar to the au-14

thority under section 6(e)(1) of such Act.15

(2) IN GENERAL.—Not later than 180 days16

after the date of enactment of this Act, the Attorney17

General shall promulgate guidelines under section18

6(e)(4) of the Inspector General Act of 1978 (519

U.S.C. App.) (as added by subsection (a) of this sec-20

tion) applicable to the Inspector General offices de-21

scribed under section 6(e)(3) of that Act.22

(3) MINIMUM REQUIREMENTS.—The guidelines23

promulgated under this subsection shall include, at24

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S.L.C.

a minimum, the operational and training require-1

ments in the memoranda of understanding.2

(4) NO LAPSE OF AUTHORITY.—The memo-3

randa of understanding in effect on the date of en-4

actment of this Act shall remain in effect until the5

guidelines promulgated under this subsection take6

effect.7

(c) EFFECTIVE DATES.—8

(1) IN GENERAL.—Subsection (a) shall take ef-9

fect 180 days after the date of enactment of this10

Act.11

(2) INITIAL GUIDELINES.—Subsection (b) shall12

take effect on the date of enactment of this Act.13

Subtitle C—United States Secret14

Service15




and liabilities of the United States Secret Service, which19

shall be maintained as a distinct entity within the Depart-20

ment, including the functions of the Secretary of the21

Treasury relating thereto.22

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S.L.C.

Subtitle D—General Provisions1

SEC. 730. ESTABLISHMENT OF HUMAN RESOURCES MAN-2

AGEMENT SYSTEM.3

(a) AUTHORITY.—4

(1) SENSE OF CONGRESS.—It is the sense of5

Congress that—6

(A) it is extremely important that employ-7

ees of the Department be allowed to participate8

in a meaningful way in the creation of any9

human resources management system affecting10

them;11

(B) such employees have the most direct12

knowledge of the demands of their jobs and13

have a direct interest in ensuring that their14

human resources management system is condu-15

cive to achieving optimal operational effi-16

ciencies;17

(C) the 21st century human resources18

management system envisioned for the Depart-19

ment should be one that benefits from the input20

of its employees; and21

(D) this collaborative effort will help se-22

cure our homeland.23

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S.L.C.

(2) IN GENERAL.—Subpart I of part III of title1

5, United States Code, is amended by adding at the2

end the following:3

‘‘CHAPTER 97—DEPARTMENT OF4

HOMELAND SECURITY5

‘‘Sec.

‘‘9701. Establishment of human resources management system.

‘‘§ 9701. Establishment of human resources manage-6

ment system7

‘‘(a) IN GENERAL.—Notwithstanding any other pro-8

vision of this part, the Secretary may, in regulations pre-9

scribed jointly with the Director of the Office of Personnel10

Management, establish, and from time to time adjust, a11

human resources management system for some or all of12

the organizational units of the Department.13

‘‘(b) SYSTEM REQUIREMENTS.—Any system estab-14

lished under subsection (a) shall—15

‘‘(1) be flexible;16

‘‘(2) be contemporary;17

‘‘(3) not waive, modify, or otherwise affect—18

‘‘(A) the public employment principles of19

merit and fitness set forth in section 2301, in-20

cluding the principles of hiring based on merit,21

fair treatment without regard to political affili-22

ation or other nonmerit considerations, equal23

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pay for equal work, and protection of employees1

against reprisal for whistleblowing;2

‘‘(B) any provision of section 2302, relat-3

ing to prohibited personnel practices;4

‘‘(C)(i) any provision of law referred to in5

section 2302(b)(1); or6

‘‘(ii) any provision of law implementing7

any provision of law referred to in section8

2302(b)(1) by—9

‘‘(I) providing for equal employment10

opportunity through affirmative action; or11

‘‘(II) providing any right or remedy12

available to any employee or applicant for13

employment in the civil service;14

‘‘(D) any other provision of this part (as15

described in subsection (c)); or16

‘‘(E) any rule or regulation prescribed17

under any provision of law referred to in any of18

the preceding subparagraphs of this paragraph;19

‘‘(4) ensure that employees may organize, bar-20

gain collectively, and participate through labor orga-21

nizations of their own choosing in decisions which22

affect them, subject to any exclusion from coverage23

or limitation on negotiability established by law; and24

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‘‘(5) permit the use of a category rating system1

for evaluating applicants for positions in the com-2

petitive service.3

‘‘(c) OTHER NONWAIVABLE PROVISIONS.—The other4

provisions of this part as referred to in subsection5

(b)(3)(D), are (to the extent not otherwise specified in6

subparagraph (A), (B), (C), or (D) of subsection (b)(3))—7

‘‘(1) subparts A, B, E, G, and H of this part;8

and9

‘‘(2) chapters 41, 45, 47, 55, 57, 59, 72, 73,10

and 79, and this chapter.11

‘‘(d) LIMITATIONS RELATING TO PAY.—Nothing in12

this section shall constitute authority—13

‘‘(1) to modify the pay of any employee who14

serves in—15

‘‘(A) an Executive Schedule position under16

subchapter II of chapter 53 of title 5, United17

States Code; or18

‘‘(B) a position for which the rate of basic19

pay is fixed in statute by reference to a section20

or level under subchapter II of chapter 53 of21

such title 5;22

‘‘(2) to fix pay for any employee or position at23

an annual rate greater than the maximum amount24

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of cash compensation allowable under section 53071

of such title 5 in a year; or2

‘‘(3) to exempt any employee from the applica-3

tion of such section 5307.4

‘‘(e) PROVISIONS TO ENSURE COLLABORATION WITH5

EMPLOYEE REPRESENTATIVES.—6

‘‘(1) IN GENERAL.—In order to ensure that the7

authority of this section is exercised in collaboration8

with, and in a manner that ensures the direct par-9

ticipation of employee representatives in the plan-10

ning development, and implementation of any11

human resources management system or adjust-12

ments under this section, the Secretary and the Di-13

rector of the Office of Personnel Management shall14

provide for the following:15

‘‘(A) NOTICE OF PROPOSAL.— The Sec-16

retary and the Director shall, with respect to17

any proposed system or adjustment—18

‘‘(i) provide to each employee rep-19

resentative representing any employees20

who might be affected, a written descrip-21

tion of the proposed system or adjustment22

(including the reasons why it is considered23

necessary);24

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‘‘(ii) give each representative at least1

60 days (unless extraordinary cir-2

cumstances require earlier action) to re-3

view and make recommendations with re-4

spect to the proposal; and5

‘‘(iii) give any recommendations re-6

ceived from any such representatives under7

clause (ii) full and fair consideration in de-8

ciding whether or how to proceed with the9

proposal.10

‘‘(B) PREIMPLEMENTATION REQUIRE-11

MENTS.—If the Secretary and the Director de-12

cide to implement a proposal described in sub-13

paragraph (A), they shall before14

implementation—15

‘‘(i) give each representative details of16

the decision to implement the proposal, to-17

gether with the information upon which18

the decision is based;19

‘‘(ii) give each representative an op-20

portunity to make recommendations with21

respect to the proposal; and22

‘‘(iii) give such recommendation full23

and fair consideration, including the pro-24

viding of reasons to an employee represent-25

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ative if any of its recommendations are re-1

jected.2

‘‘(C) CONTINUING COLLABORATION.—If a3

proposal described in subparagraph (A) is im-4

plemented, the Secretary and the Director5

shall—6

‘‘(i) develop a method for each em-7

ployee representative to participate in any8

further planning or development which9

might become necessary; and10

‘‘(ii) give each employee representative11

adequate access to information to make12

that participation productive.13

‘‘(2) PROCEDURES.—Any procedures necessary14

to carry out this subsection shall be established by15

the Secretary and the Director jointly. Such proce-16

dures shall include measures to ensure—17

‘‘(A) in the case of employees within a unit18

with respect to which a labor organization is ac-19

corded exclusive recognition, representation by20

individuals designated or from among individ-21

uals nominated by such organization;22

‘‘(B) in the case of any employees who are23

not within such a unit, representation by any24

appropriate organization which represents a25

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substantial percentage of those employees or, if1

none, in such other manner as may be appro-2

priate, consistent with the purposes of the sub-3

section; and4

‘‘(C) the selection of representatives in a5

manner consistent with the relative number of6

employees represented by the organizations or7

other representatives involved.8

‘‘(f) PROVISIONS RELATING TO APPELLATE PROCE-9

DURES.—10

(1) SENSE OF CONGRESS.—It is the sense of11

Congress that—12

‘‘(A) employees of the Department are en-13

titled to fair treatment in any appeals that they14

bring in decisions relating to their employment;15

and16

‘‘(B) in prescribing regulations for any17

such appeals procedures, the Secretary and the18

Director of the Office of Personnel19

Management—20

‘‘(i) should ensure that employees of21

the Department are afforded the protec-22

tions of due process; and23

‘‘(ii) toward that end, should be re-24

quired to consult with the Merit Systems25

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Protection Board before issuing any such1

regulations.2

‘‘(2) REQUIREMENTS.—Any regulations under3

this section which relate to any matters within the4

purview of chapter 77—5

‘‘(A) shall be issued only after consultation6

with the Merit Systems Protection Board;7

‘‘(B) shall ensure the availability of proce-8

dures which shall—9

‘‘(i) be consistent with requirements10

of due process; and11

‘‘(ii) provide, to the maximum extent12

practicable, for the expeditious handling of13

any matters involving the Department; and14

‘‘(C) shall modify procedures under chap-15

ter 77 only insofar as such modifications are16

designed to further the fair, efficient, and expe-17

ditious resolution of matters involving the em-18

ployees of the Department.19

‘‘(g) SUNSET PROVISION.—Effective 5 years after20

the conclusion of the transition period defined under sec-21

tion 801 of the Homeland Security Act of 2002, all au-22

thority to issue regulations under this section (including23

regulations which would modify, supersede, or terminate24

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any regulations previously issued under this section) shall1

cease to be available.’’.2

(3) CLERICAL AMENDMENT.—The table of3

chapters for part III of title 5, United States Code,4

is amended by adding at the end of the following:5

‘‘97. Department of Homeland Security .................................... 9701’’.

(b) EFFECT ON PERSONNEL.—6

(1) NONSEPARATION OR NONREDUCTION IN7

GRADE OR COMPENSATION OF FULL-TIME PER-8

SONNEL AND PART-TIME PERSONNEL HOLDING PER-9

MANENT POSITIONS.—Except as otherwise provided10

in this Act, the transfer pursuant to this act of full-11

time personnel (except special Government employ-12

ees) and part-time personnel holding permanent po-13

sitions shall not cause any such employee to be sepa-14

rated or reduced in grade or compensation for one15

year after the date of transfer to the Department.16

(2) POSITIONS COMPENSATED IN ACCORDANCE17

WITH EXECUTIVE SCHEDULE.—Any person who, on18

the day preceding such person’s date of transfer19

pursuant to this Act, held a position compensated in20

accordance with the Executive Schedule prescribed21

in chapter 53 of title 5, United States Code, and22

who, without a break in service, is appointed in the23

Department to a position having duties comparable24

to the duties performed immediately preceding such25

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appointment shall continue to be compensated in1

such new position at not less than the rate provided2

for such position, for the duration of the service of3

such person in such new position.4

(3) COORDINATION RULE.—Any exercise of au-5

thority under chapter 97 of title 5, United States6

Code (as amended by subsection (a)), including7

under any system established under such chapter,8

shall be in conformance with the requirements of9

this subsection.10

SEC. 731. LABOR-MANAGEMENT RELATIONS.11

(a) LIMITATION ON EXCLUSIONARY AUTHORITY.—12

(1) IN GENERAL.—No agency or subdivision of13

an agency which is transferred to the Department14

pursuant to this Act shall be excluded from the cov-15

erage of chapter 71 of title 5, United States Code,16

as a result of any order issued under section17

7103(b)(1) of such title 5 after June 18, 2002,18

unless—19

(A) the mission and responsibilities of the20

agency (or subdivision) materially change; and21

(B) a majority of the employees within22

such agency (or subdivision) have as their pri-23

mary duty intelligence, counterintelligence, or24

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investigative work directly related to terrorism1

investigation.2

(2) EXCLUSIONS ALLOWABLE.—Nothing in3

paragraph (1) shall affect the effectiveness of any4

order to the extent that such order excludes any por-5

tion of an agency or subdivision of an agency as to6

which—7

(A) recognition as an appropriate unit has8

never been conferred for purposes of chapter 719

of such title 5; or10

(B) any such recognition has been revoked11

or otherwise terminated as a result of a deter-12

mination under subsection (b)(1).13

(b) PROVISIONS RELATING TO BARGAINING14

UNITS.—15

(1) LIMITATION RELATING TO APPROPRIATE16

UNITS.—Each unit which is recognized as an appro-17

priate unit for purposes of chapter 71 of title 5,18

United States Code, as of the day before the effec-19

tive date of this Act (and any subdivision of any20

such unit) shall, if such unit (or subdivision) is21

transferred to the Department pursuant to this Act,22

continue to be so recognized for such purposes,23

unless—24

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(A) the mission and responsibilities of such1

unit (or subdivision) materially change; and2

(B) a majority of the employees within3

such unit (or subdivision) have as their primary4

duty intelligence, counterintelligence, or inves-5

tigative work directly related to terrorism inves-6

tigation.7

(2) LIMITATION RELATING TO POSITIONS OR8

EMPLOYEES.—No position or employee within a unit9

(or subdivision of a unit) as to which continued rec-10

ognition is given in accordance with paragraph (1)11

shall be excluded from such unit (or subdivision), for12

purposes of chapter 71 of such title 5, unless the13

primary job duty of such position or employee—14

(A) materially changes; and15

(B) consists of intelligence, counterintel-16

ligence, or investigative work directly related to17

terrorism investigation.18

In the case of any positions within a unit (or sub-19

division) which are first established on or after the20

effective date of this Act and any employee first ap-21

pointed on or after such date, the preceding sentence22

shall be applied disregarding subparagraph (A).23

(c) HOMELAND SECURITY.—Subsection (a), (b), and24

(d) of this section shall not apply in circumstances where25

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the President determines in writing that such application1

would have a substantial adverse impact on the Depart-2

ment’s ability to protect homeland security. Whenever the3

President makes a determination specified under this sub-4

section, the President shall notify the Senate and the5

House of Representatives of the reasons for such deter-6

mination not less than 10 days prior to its issuance.7

(d) COORDINATION RULE.—No other provision of8

this Act or of any amendment made by this Act may be9

construed or applied in a manner so as to limit, supersede,10

or otherwise affect the provisions of this section, except11

to the extent that it does so by specific reference to this12

section.13

SEC. 732. ADVISORY COMMITTEES.14

The Secretary may establish, appoint members of,15

and use the services of, advisory committees, as the Sec-16

retary may deem necessary. An advisory committee estab-17

lished under this section may be exempted by the Sec-18

retary from Public Law 92–463, but the Secretary shall19

publish notice in the Federal Register announcing the es-20

tablishment of such a committee and identifying its pur-21

pose and membership. Notwithstanding the preceding sen-22

tence, members of an advisory committee that is exempted23

by the Secretary under the preceding sentence who are24

special Government employees (as that term is defined in25

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section 202 of title 18, United States Code) shall be eligi-1

ble for certifications under subsection (b)(3) of section2

208 of title 18, United States Code, for official actions3

taken as a member of such advisory committee.4

SEC. 733. ACQUISITIONS.5

(a) RESEARCH AND DEVELOPMENT PROJECTS.—6

(1) IN GENERAL.—When the Secretary carries7

out basic, applied, and advanced research and devel-8

opment projects, he may exercise the same authority9

(subject to the same limitations and conditions) with10

respect to such research and projects as the Sec-11

retary of Defense may exercise under section 237112

of title 10, United States Code (except for sub-13

sections (b) and (f)), after making a determination14

that the use of a contract, grant, or cooperative15

agreement for such project is not feasible or appro-16

priate. The annual report required under subsection17

(h) of such section, as applied to the Secretary by18

this paragraph, shall be submitted to the President19

of the Senate and the Speaker of the House of Rep-20

resentatives.21

(2) PROTOTYPE PROJECTS.—The Secretary22

may, under the authority of paragraph (1), carry out23

prototype projects in accordance with the require-24

ments and conditions provided for carrying out pro-25

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totype projects under section 845 of the National1

Defense Authorization Act for Fiscal Year 19942

(Public Law 103–160). In applying the authorities3

of that section 845, subsection (c) of that section4

shall apply with respect to prototype projects under5

this paragraph, and the Secretary shall perform the6

functions of the Secretary of Defense under sub-7

section (d) thereof.8

(b) PROCUREMENT OF TEMPORARY AND INTERMIT-9

TENT SERVICES.—The Secretary may—10

(1) procure the temporary or intermittent serv-11

ices of experts or consultants (or organizations12

thereof) in accordance with section 3109(b) of title13

5, United States Code; and14

(2) whenever necessary due to an urgent home-15

land security need, procure temporary (not to exceed16

1 year) or intermittent personal services, including17

the services of experts or consultants (or organiza-18

tions thereof), without regard to the pay limitations19

of such section 3109.20

SEC. 734. REORGANIZATION AUTHORITY.21

(a) REORGANIZATION PLAN.—22

(1) IN GENERAL.—Whenever the President de-23

termines that changes in the organization of the De-24

partment are necessary to carry out any policy set25

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forth in this Act, the President shall prepare a reor-1

ganization plan specifying the reorganizations that2

the President determines are necessary. Any such3

plan may provide for—4

(A) the transfer of the whole or a part of5

an agency, or of the whole or a part of the6

functions thereof, to the jurisdiction and control7

of the Department;8

(B) the transfer of the whole or a part of9

an agency, or of the whole or a part of the10

functions thereof, from the Department;11

(C) the abolition of all or a part of an12

agency within the Department;13

(D) the creation of a new agency or a new14

part of an agency within the Department; or15

(E) the consolidation or coordination of the16

whole or a part of an agency within the Depart-17

ment, or of the whole or a part of the functions18

thereof, with the whole or a part of another19

agency within the Department.20

(2) TRANSMITTAL.—21

(A) IN GENERAL.—The President shall22

transmit the reorganization plan to Congress23

together with the declaration that, with respect24

to each organization included in the plan, the25

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President has found that the reorganization is1

necessary to carry out any policy set forth in2

this Act.3

(B) TIMING.—The reorganization plan4

shall be delivered to both Houses on the same5

day and to each House while it is in session, ex-6

cept that no more than 2 plans may be pending7

before Congress at 1 time.8

(3) CONTENT.—9

(A) IN GENERAL.—The transmittal mes-10

sage of the reorganization plan shall—11

(i) specify with respect to each aboli-12

tion of a function included in the plan the13

statutory authority for the exercise of the14

function;15

(ii) include an estimate of any reduc-16

tion or increase in expenditures (itemized17

so far as practicable);18

(iii) include detailed information ad-19

dressing the impacts of the reorganization20

on the employees of any agency affected by21

the plan, and what steps will be taken to22

mitigate any impacts of the plan on the23

employees of the agency;24

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(iv) describe any improvements in1

management, delivery of Federal services,2

execution of the laws, and increases in effi-3

ciency of Government operations, which it4

is expected will be realized as a result of5

the reorganizations included in the plan;6

and7

(v) in the case of a transfer to or8

from the Department, address the impact9

of the proposed transfer on the ability of10

the affected agency to carry out its other11

functions and to accomplish its missions.12

(B) IMPLEMENTATION.—In addition, the13

transmittal message shall include an implemen-14

tation section which shall—15

(i) describe in detail—16

(I) the actions necessary or17

planned to complete the reorganiza-18

tion; and19

(II) the anticipated nature and20

substance of any orders, directives,21

and other administrative and oper-22

ations actions which are expected to23

be required for completing or imple-24

menting the reorganization; and25

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(ii) contain a projected timetable for1

completion of the implementation process.2

(C) BACKGROUND INFORMATION.—The3

President shall also submit such further back-4

ground or other information as Congress may5

require for its consideration of the plan.6

(4) AMENDMENTS TO PLAN.—Any time during7

the period of 60 calendar days of continuous session8

of Congress after the date on which the plan is9

transmitted to it, but before any resolution has been10

ordered reported in either House, the President, or11

the designee of the President, may make amend-12

ments or modifications to the plan, which modifica-13

tions or revisions shall thereafter be treated as a14

part of the reorganization plan originally trans-15

mitted and shall not affect in any way the time lim-16

its otherwise provided for in this section. The Presi-17

dent, or the designee of the President, may withdraw18

the plan any time prior to the conclusion of 90 cal-19

endar days of continuous session of Congress fol-20

lowing the date on which the plan is submitted to21

Congress.22

(b) ADDITIONAL CONTENTS OF REORGANIZATION23

PLAN.—A reorganization plan—24

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(1) may change the name of an agency affected1

by a reorganization and the title of its head, and2

shall designate the name of an agency resulting from3

a reorganization and the title of its head;4

(2) may provide for the appointment and pay of5

the head and 1 or more officers of any agency (in-6

cluding an agency resulting from a consolidation or7

other type of reorganization) if the message trans-8

mitting the plan declares, that by reason of a reor-9

ganization made by the plan the provisions are nec-10

essary;11

(3) shall provide for the transfer or other dis-12

position of the records, property, and personnel af-13

fected by a reorganization;14

(4) shall provide for the transfer of such unex-15

pended balances of appropriations, and of other16

funds, available for use in connection with a function17

or agency affected by a reorganization, as necessary18

by reason of the reorganization for use in connection19

with the functions affected by the reorganization, or20

for the use of the agency which shall have the func-21

tions after the reorganization plan is effective; and22

(5) shall provide for terminating the affairs of23

an agency abolished.24

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A reorganization plan containing provisions authorized by1

paragraph (2) may provide that the head of an agency2

be an individual or a commission or board with more than3

1 member. In the case of an appointment of the head of4

such an agency, the term of office may not be fixed at5

more than 4 years, the pay may not be at a rate in excess6

of that found to be applicable to comparable officers in7

the executive branch, by and with the advice and consent8

of the Senate. Any reorganization plan containing provi-9

sions required by paragraph (4) shall provide for the10

transfer of unexpended balances only if such balances are11

used for the purposes for which the appropriation was12

originally made.13

(c) EFFECTIVE DATE AND PUBLICATION OF REOR-14

GANIZATION PLANS.—15

(1) EFFECTIVE DATE.—Except as provided16

under paragraph (3), a reorganization plan shall be17

effective upon approval by the President of a resolu-18

tion (as defined in subsection (f)) with respect to19

such plan, only if such resolution is passed by the20

House of Representatives and the Senate, within the21

first period of 90 calendar days of continuous ses-22

sion of Congress after the date on which the plan is23

transmitted to Congress.24

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(2) SESSION OF CONGRESS.—For the purpose1

of this chapter—2

(A) continuity of session is broken only by3

an adjournment of Congress sine die; and4

(B) the days on which either House is not5

in session because of an adjournment of more6

than 3 days to a day certain are excluded in the7

computation of any period of time in which8

Congress is in continuous session.9

(3) LATER EFFECTIVE DATE.—Under provi-10

sions contained in a reorganization plan, any provi-11

sion thereof may be effective at a time later than the12

date on which the plan otherwise is effective.13

(4) PUBLICATION OF PLAN.—A reorganization14

plan which is effective shall be printed—15

(A) in the Statutes at Large in the same16

volume as the public laws; and17

(B) in the Federal Register.18

(d) EFFECT ON OTHER LAWS; PENDING LEGAL19

PROCEEDINGS.—20

(1) EFFECT ON LAWS.—21

(A) DEFINITION.—In this paragraph, the22

term ‘‘regulation or other action’’ means a reg-23

ulation, rule, order, policy, determination, direc-24

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tive, authorization, permit, privilege, require-1

ment, designation, or other action.2

(B) EFFECT.—A statute enacted, and a3

regulation or other action made, prescribed,4

issued, granted, or performed in respect of or5

by an agency or function affected by a reorga-6

nization under this section, before the effective7

date of the reorganization, has, except to the8

extent rescinded, modified, superseded, or made9

inapplicable by or under authority of law or by10

the abolition of a function, the same effect as11

if the reorganization had not been made. How-12

ever, if the statute, regulation, or other action13

has vested the functions in the agency from14

which it is removed under the reorganization15

plan, the function, insofar as it is to be exer-16

cised after the plan becomes effective, shall be17

deemed as vested in the agency under which the18

function is placed in the plan.19

(2) PENDING LEGAL PROCEEDINGS.—A suit,20

action, or other proceeding lawfully commenced by21

or against the head of an agency or other officer of22

the United States, in the officer’s official capacity or23

in relation to the discharge of the officer’s official24

duties, does not abate by reason of the taking effect25

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of a reorganization plan under this section. On mo-1

tion or supplemental petition filed at any time within2

12 months after the reorganization plan takes effect,3

showing a necessity for a survival of the suit, action,4

or other proceeding to obtain a settlement of the5

questions involved, the court may allow the suit, ac-6

tion, or other proceeding to be maintained by or7

against the successor of the head or officer under8

the reorganization effected by the plan or, if there9

is no successor, against such agency or officer as the10

President designates.11

(e) RULES OF SENATE AND HOUSE OF REPRESENTA-12

TIVES ON REORGANIZATION PLANS.—Subsections (f)13

through (i) are enacted by Congress—14

(1) as an exercise of the rulemaking power of15

the Senate and the House of Representatives, re-16

spectively, and as such they are deemed a part of17

the rules of each House, respectively, but applicable18

only with respect to the procedure to be followed in19

that House in the case of resolutions with respect to20

any reorganization plans transmitted to Congress (in21

accordance with subsection (a)(3) of this section);22

and they supersede other rules only to the extent23

that they are inconsistent therewith; and24

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(2) with the full recognition of the constitu-1

tional right of either House to change the rules (so2

far as relating to the procedure of that House) at3

any time, in the same manner and to the same ex-4

tent as in the case of any other rule of that House.5

(f) TERMS OF RESOLUTION.—For the purposes of6

subsections (e) through (i), ‘‘resolution’’ means only a7

joint resolution of Congress, the matter after the resolving8

clause of which is as follows: ‘‘That Congress approves the9

reorganization plan transmitted to Congress by the Presi-10

dent on ��, 20��.’’, and includes such modi-11

fications and revisions as are submitted by the President12

under subsection (a)(4). The blank spaces therein are to13

be filled appropriately. The term does not include a resolu-14

tion which specifies more than 1 reorganization plan.15

(g) INTRODUCTION AND REFERENCE OF RESOLU-16

TION.—17

(1) INTRODUCTION.—No later than the first18

day of session following the day on which a reorga-19

nization plan is transmitted to the House of Rep-20

resentatives and the Senate under subsection (a), a21

resolution, as defined in subsection (f), shall be—22

(A) introduced (by request) in the House23

by the chairman of the Government Reform24

Committee of the House, or by a Member or25

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Members of the House designated by such1

chairman; and2

(B) introduced (by request) in the Senate3

by the chairman of the Governmental Affairs4

Committee of the Senate, or by a Member or5

Members of the Senate designated by such6

chairman.7

(2) REFERRAL.—A resolution with respect to a8

reorganization plan shall be referred to the Com-9

mittee on Governmental Affairs of the Senate and10

the Committee on Government Reform of the House11

(and all resolutions with respect to the same plan12

shall be referred to the same committee) by the13

President of the Senate or the Speaker of the House14

of Representatives, as the case may be. The com-15

mittee shall make its recommendations to the House16

of Representatives or the Senate, respectively, within17

75 calendar days of continuous session of Congress18

following the date of such resolution’s introduction.19

(h) DISCHARGE OF COMMITTEE CONSIDERING RESO-20

LUTION.—If the committee to which is referred a resolu-21

tion introduced pursuant to subsection (g)(1) has not re-22

ported such a resolution or identical resolution at the end23

of 75 calendar days of continuous session of Congress24

after its introduction, such committee shall be deemed to25

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be discharged from further consideration of such resolu-1

tion and such resolution shall be placed on the appropriate2

calendar of the House involved.3

(i) PROCEDURE AFTER REPORT OR DISCHARGE OF4

COMMITTEES; DEBATE; VOTE ON FINAL PASSAGE.—5

(1) PROCEDURE.—When the committee has re-6

ported, or has been deemed to be discharged (under7

subsection (h)) from further consideration of, a reso-8

lution with respect to a reorganization plan, it is at9

any time thereafter in order (even though a previous10

motion to the same effect has been disagreed to) for11

any Member of the respective House to move to pro-12

ceed to the consideration of the resolution. The mo-13

tion is highly privileged and is not debatable. The14

motion shall not be subject to amendment, or to any15

motion to postpone, or a motion to proceed to the16

consideration of other business. A motion to recon-17

sider the vote by which the motion is agreed to or18

disagreed to shall not be in order. If a motion to19

proceed to the consideration of the resolution is20

agreed to, the resolution shall remain the unfinished21

business of the respective House until disposed of.22

(2) DEBATE.—Debate on the resolution, and on23

all debatable motions and appeals in connection24

therewith, shall be limited to not more than 1025

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hours, which shall be divided equally between indi-1

viduals favoring and individuals opposing the resolu-2

tion. A motion further to limit debate is in order and3

not debatable. An amendment to, or a motion to re-4

commit the resolution is not in order. A motion to5

reconsider the vote by which the resolution is passed6

or rejected shall not be in order.7

(3) VOTE ON FINAL PASSAGE.—Immediately8

following the conclusion of the debate on the resolu-9

tion with respect to a reorganization plan, and a sin-10

gle quorum call at the conclusion of the debate if re-11

quested in accordance with the rules of the appro-12

priate House, the vote on final passage of the resolu-13

tion shall occur.14

(4) APPEALS.—Appeals from the decisions of15

the Chair relating to the application of the rules of16

the Senate or the House of Representatives, as the17

case may be, to the procedure relating to a resolu-18

tion with respect to a reorganization plan shall be19

decided without debate.20

(5) PRIOR PASSAGE.—If, prior to the passage21

by 1 House of a resolution of that House, that22

House receives a resolution with respect to the same23

reorganization plan from the other House, then—24

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(A) the procedure in that House shall be1

the same as if no resolution had been received2

from the other House; but3

(B) the vote on final passage shall be on4

the resolution of the other House.5

SEC. 735. MISCELLANEOUS PROVISIONS.6

(a) SEAL.—The Department shall have a seal, whose7

design is subject to the approval of the President.8

(b) PARTICIPATION OF MEMBERS OF THE ARMED9

FORCES.—With respect to the Department, the Secretary10

shall have the same authorities that the Secretary of11

Transportation has with respect to the Department of12

Transportation under section 324 of title 49, United13

States Code.14

(c) REDELEGATION OF FUNCTIONS.—Unless other-15

wise provided in the delegation or by law, any function16

delegated under this Act may be redelegated to any subor-17

dinate.18

SEC. 736. AUTHORIZATION OF APPROPRIATIONS.19

There are authorized to be appropriated such sums20

as may be necessary to carry out the provisions of this21

Act.22

SEC. 737. REGULATORY AUTHORITY.23

Except as specifically provided in this Act, this Act24

vests in the Secretary or any other Federal official, and25

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transfers to the Secretary or another Federal official only1

such regulatory authority as exists on the date of enact-2

ment of this Act within any agency, program, or function3

transferred to the Department pursuant to this Act, or4

that on such date of enactment is exercised by another5

official of the executive branch with respect to such agen-6

cy, program, or function. Any such transferred authority7

may not be exercised by an official from whom it is trans-8

ferred upon transfer of such agency, program, or function9

to the Secretary or another Federal official pursuant to10

this Act. This Act does not alter or diminish the regu-11

latory authority of any other executive agency, except to12

the extent that this Act transfers such authority from the13

agency.14

SEC. 738. USE OF APPROPRIATED FUNDS.15

(a) APPLICABILITY OF THIS SECTION.—Notwith-16

standing any other provision of this Act or any other law,17

this section shall apply to the use of any funds, disposal18

of property, and acceptance, use, and disposal of gifts, or19

donations of services or property, of, for, or by the Depart-20

ment, including any agencies, entities, or other organiza-21

tions transferred to the Department under this Act.22

(b) AUTHORIZATION OF APPROPRIATIONS TO CRE-23

ATE DEPARTMENT.—There is authorized to be appro-24

priated $160,000,000 for the Office of Homeland Security25

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in the Executive Office of the President to be transferred1

without delay to the Department upon its creation by en-2

actment of this Act, notwithstanding subsection (c)(1)(C)3

such funds shall be available only for the payment of nec-4

essary salaries and expenses associated with the initiation5

of operations of the Department.6

(c) USE OF TRANSFERRED FUNDS.—7

(1) IN GENERAL.—Except as may be provided8

in this subsection or in an appropriations Act in ac-9

cordance with subsection (e), balances of appropria-10

tions and any other funds or assets transferred11

under this Act—12

(A) shall be available only for the purposes13

for which they were originally available;14

(B) shall remain subject to the same condi-15

tions and limitations provided by the law origi-16

nally appropriating or otherwise making avail-17

able the amount, including limitations and noti-18

fication requirements related to the reprogram-19

ming of appropriated funds; and20

(C) shall not be used to fund any new posi-21

tion established under this Act.22

(2) TRANSFER OF FUNDS.—23

(A) IN GENERAL.—After the creation of24

the Department and the swearing in of its Sec-25

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retary, and upon determination by the Sec-1

retary that such action is necessary in the na-2

tional interest, the Secretary is authorized to3

transfer, with the approval of the Office of4

Management and Budget, not to exceed5

$140,000,000 of unobligated funds from orga-6

nizations and entities transferred to the new7

Department by this Act.8

(B) LIMITATION.—Notwithstanding para-9

graph (1)(C), funds authorized to be trans-10

ferred by subparagraph (A) shall be available11

only for payment of necessary costs, including12

funding of new positions, for the initiation of13

operations of the Department and may not be14

transferred unless the Committees on Appro-15

priations are notified at least 15 days in ad-16

vance of any proposed transfer and have ap-17

proved such transfer in advance.18

(C) NOTIFICATION.—The notification re-19

quired in subparagraph (B) shall include a de-20

tailed justification of the purposes for which the21

funds are to be used and a detailed statement22

of the impact on the program or organization23

that is the source of the funds, and shall be24

submitted in accordance with reprogramming25

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procedures to be established by the Committees1

on Appropriations.2

(D) USE FOR OTHER ITEMS.—The author-3

ity to transfer funds established in this section4

may not be used unless for higher priority5

items, based on demonstrated homeland secu-6

rity requirements, than those for which funds7

originally were appropriated and in no case8

where the item for which funds are requested9

has been denied by Congress.10

(d) NOTIFICATION REGARDING TRANSFERS.—The11

President shall notify Congress not less than 15 days be-12

fore any transfer of appropriations balances, other funds,13

or assets under this Act.14

(e) ADDITIONAL USES OF FUNDS DURING TRANSI-15

TION.—Subject to subsections (c) and (d), amounts trans-16

ferred to, or otherwise made available to, the Department17

may be used during the transition period, as defined in18

section 801(2), for purposes in addition to those for which19

such amounts were originally available (including by20

transfer among accounts of the Department), but only to21

the extent such transfer or use is specifically permitted22

in advance in an appropriations Act and only under the23

conditions and for the purposes specified in such appro-24

priations Act.25

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(f) DISPOSAL OF PROPERTY.—1

(1) STRICT COMPLIANCE.—If specifically au-2

thorized to dispose of real property in this or any3

other Act, the Secretary shall exercise this authority4

in strict compliance with section 204 of the Federal5

Property and Administrative Services Act of 19496

(40 U.S.C. 485).7

(2) DEPOSIT OF PROCEEDS.—The Secretary8

shall deposit the proceeds of any exercise of property9

disposal authority into the miscellaneous receipts of10

the Treasury in accordance with section 3302(b) of11

title 31, United States Code.12

(g) GIFTS.—Gifts or donations of services or property13

of or for the Department may not be accepted, used, or14

disposed of unless specifically permitted in advance in an15

appropriations Act and only under the conditions and for16

the purposes specified in such appropriations Act.17

(h) BUDGET REQUEST.—Under section 1105 of title18

31, United States Code, the President shall submit to19

Congress a detailed budget request for the Department20

for fiscal year 2004, and for each subsequent fiscal year.21

SEC. 739. FUTURE YEAR HOMELAND SECURITY PROGRAM.22

(a) IN GENERAL.—Each budget request submitted to23

Congress for the Department under section 1105 of title24

31, United States Code, shall, at or about the same time,25

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be accompanied by a Future Years Homeland Security1

Program.2

(b) CONTENTS.—The Future Years Homeland Secu-3

rity Program under subsection (a) shall be structured, and4

include the same type of information and level of detail,5

as the Future Years Defense Program submitted to Con-6

gress by the Department of Defense under section 2217

of title 10, United States Code.8

(c) EFFECTIVE DATE.—This section shall take effect9

with respect to the preparation and submission of the fis-10

cal year 2005 budget request for the Department and for11

any subsequent fiscal year, except that the first Future12

Years Homeland Security Program shall be submitted not13

later than 90 days after the Department’s fiscal year 200514

budget request is submitted to Congress.15

SEC. 739A. BIOTERRORISM PREPAREDNESS AND RESPONSE16

DIVISION.17

Section 319D of the Public Health Service Act (4218

U.S.C. 2472–4) is amended—19

(1) by redesignating subsection (c) as sub-20

section (d); and21

(2) by inserting after subsection (b), the fol-22

lowing:23

‘‘(c) BIOTERRORISM PREPAREDNESS AND RESPONSE24

DIVISION.—25

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‘‘(1) ESTABLISHMENT.—There is established1

within the Office of the Director of the Centers for2

Disease Control and Prevention a Bioterrorism Pre-3

paredness and Response Division (in this subsection4

referred to as the ‘Division’).5

‘‘(2) MISSION.—The Division shall have the fol-6

lowing primary missions:7

‘‘(A) To lead and coordinate the activities8

and responsibilities of the Centers for Disease9

Control and Prevention with respect to coun-10

tering bioterrorism.11

‘‘(B) To coordinate and facilitate the inter-12

action of Centers for Disease Control and Pre-13

vention personnel with personnel from the De-14

partment of Homeland Security and, in so15

doing, serve as a major contact point for 2-way16

communications between the jurisdictions of17

homeland security and public health.18

‘‘(C) To train and employ a cadre of public19

health personnel who are dedicated full-time to20

the countering of bioterrorism.21

‘‘(3) RESPONSIBILITIES.—In carrying out the22

mission under paragraph (2), the Division shall as-23

sume the responsibilities of and budget authority for24

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the Centers for Disease Control and Prevention with1

respect to the following programs:2

‘‘(A) The Bioterrorism Preparedness and3

Response Program.4

‘‘(B) The Strategic National Stockpile.5

‘‘(C) Such other programs and responsibil-6

ities as may be assigned to the Division by the7

Director of the Centers for Disease Control and8

Prevention.9

‘‘(4) DIRECTOR.—There shall be in the Division10

a Director, who shall be appointed by the Director11

of the Centers for Disease Control and Prevention,12

in consultation with the Secretary of Health and13

Human Services and the Secretary of Homeland Se-14

curity.15

‘‘(5) STAFFING.—Under agreements reached16

between the Director of the Centers for Disease17

Control and Prevention and the Secretary of Home-18

land Security—19

‘‘(A) the Division may be staffed, in part,20

by personnel assigned from the Department of21

Homeland Security by the Secretary of Home-22

land Security; and23

‘‘(B) the Director of the Centers for Dis-24

ease Control and Prevention may assign some25

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personnel from the Division to the Department1

of Homeland Security.’’.2

SEC. 739B. COORDINATION WITH THE DEPARTMENT OF3

HEALTH AND HUMAN SERVICES UNDER THE4

PUBLIC HEALTH SERVICE ACT.5

(a) IN GENERAL.—The annual Federal response plan6

developed by the Secretary under sections 102(b)(14) and7

134(b)(7) shall be consistent with section 319 of the Pub-8

lic Health Service Act (42 U.S.C. 247d).9

(b) DISCLOSURES AMONG RELEVANT AGENCIES.—10

(1) IN GENERAL.—Full disclosure among rel-11

evant agencies shall be made in accordance with this12

subsection.13

(2) PUBLIC HEALTH EMERGENCY.—During the14

period in which the Secretary of Health and Human15

Services has declared the existence of a public health16

emergency under section 319(a) of the Public17

Health Service Act (42 U.S.C. 247d(a)), the Sec-18

retary of Health and Human Services shall keep rel-19

evant agencies, including the Department of Home-20

land Security, the Department of Justice, and the21

Federal Bureau of Investigation, fully and currently22

informed.23

(3) POTENTIAL PUBLIC HEALTH EMER-24

GENCY.—In cases involving, or potentially involving,25

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a public health emergency, but in which no deter-1

mination of an emergency by the Secretary of2

Health and Human Services under section 319(a) of3

the Public Health Service Act (42 U.S.C. 247d(a)),4

has been made, all relevant agencies, including the5

Department of Homeland Security, the Department6

of Justice, and the Federal Bureau of Investigation,7

shall keep the Secretary of Health and Human Serv-8

ices and the Director of the Centers for Disease9

Control and Prevention fully and currently informed.10

Subtitle E—Risk Sharing and In-11

demnification for Contractors12

Supplying Anti-Terrorism Tech-13

nology and Services14

SEC. 741. APPLICATION OF INDEMNIFICATION AUTHORITY.15

(a) IN GENERAL.—The President may exercise the16

discretionary authority to indemnify contractors and sub-17

contractors under Public Law 85–804 (50 U.S.C. 143118

et seq.) for a procurement of an anti-terrorism technology19

or an anti-terrorism service for the purpose of preventing,20

detecting, identifying, otherwise deterring, or recovering21

from acts of terrorism.22

(b) EXERCISE OF AUTHORITY.—In exercising the au-23

thority under subsection (a), the President may include,24

among other things—25

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(1) economic damages not fully covered by pri-1

vate liability insurance within the scope of the losses2

or damages of the indemnification coverage;3

(2) a requirement that an indemnification pro-4

vision included in a contract or subcontract be nego-5

tiated prior to the commencement of the perform-6

ance of the contract;7

(3) the coverage of information technology used8

to prevent, detect, identify, otherwise deter, or re-9

cover from acts of terrorism; and10

(4) the coverage of the United States Postal11

Service.12

SEC. 742. APPLICATION OF INDEMNIFICATION AUTHORITY13

TO STATE AND LOCAL GOVERNMENT CON-14

TRACTORS.15

(a) IN GENERAL.—Subject to the limitations of sub-16

section (b), the President may exercise the discretionary17

authority to indemnify contractors and subcontractors18

under Public Law 85–804 (50 U.S.C. 1431 et seq.) for19

a procurement by a State or unit of local government of20

an anti-terrorism technology or an anti-terrorism service21

for the purpose of preventing, detecting, identifying, other-22

wise deterring, or recovering from acts of terrorism.23

(b) EXERCISE OF AUTHORITY.—The authority of24

subsection (a) may be exercised only—25

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(1) for procurements of a State or unit of local1

government that are made by the Secretary under2

contracts awarded by the Secretary pursuant to the3

authorities of section 743;4

(2) with written approval from the Secretary, or5

any other official designated by the President, for6

each procurement in which indemnification is to be7

provided; and8

(3) with respect to—9

(A) amounts of losses or damages not fully10

covered by private liability insurance and State11

or local government-provided indemnification;12

and13

(B) liabilities arising out of other than the14

contractor’s willful misconduct or lack of good15

faith.16

SEC. 743. PROCUREMENTS OF ANTI-TERRORISM TECH-17

NOLOGIES AND ANTI-TERRORISM SERVICES18

BY STATE AND LOCAL GOVERNMENTS19

THROUGH FEDERAL CONTRACTS.20


(1) ESTABLISHMENT OF PROGRAM.—The Sec-22

retary shall establish a program under which States23

and units of local government may procure through24

contracts entered into by the Secretary anti-ter-25

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rorism technology or an anti-terrorism service for1

the purpose of preventing, detecting, identifying,2

otherwise deterring, or recovering from acts of ter-3

rorism.4

(2) AUTHORITIES.—For the sole purposes of5

this program, the Secretary may, but shall not be re-6

quired to, award contracts using the same authori-7

ties provided to the Administrator of General Serv-8

ices under section 309(b)(3) of the Federal Property9

and Administrative Services Act, 41 U.S.C.10

259(b)(3).11

(3) OFFERS NOT REQUIRED TO STATE AND12

LOCAL GOVERNMENTS.—A contractor that sells anti-13

terrorism technology or anti-terrorism services to the14

Federal Government shall not be required to offer15

such technology or services to a State or unit of16

local government.17

(b) RESPONSIBILITIES OF THE SECRETARY.—In car-18

rying out the program established by this section, the Sec-19

retary shall—20

(1) produce and maintain a catalog of anti-ter-21

rorism technologies and anti-terrorism services suit-22

able for procurement by States and units of local23

government under this program; and24

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(2) establish procedures in accordance with sub-1

section (c) to address the procurement of anti-ter-2

rorism technologies and anti-terrorism services by3

States and units of local government under contracts4

awarded by the Secretary.5

(c) REQUIRED PROCEDURES.—The procedures re-6

quired by subsection (b)(2) shall implement the following7

requirements and authorities:8

(1) SUBMISSIONS BY STATES.—9

(A) IN GENERAL.—Except as provided in10

subparagraph (B), each State desiring to par-11

ticipate in a procurement of anti-terrorism tech-12

nologies or anti-terrorism services through a13

contract entered into by the Secretary shall14

submit to the Secretary in such form and man-15

ner and at such times as the Secretary pre-16

scribes, the following:17

(i) REQUEST.—A request consisting of18

an enumeration of the technologies or serv-19

ices, respectively, that are desired by the20

State and units of local government within21

the State.22

(ii) PAYMENT.—Advance payment for23

each requested technology or service in an24

amount determined by the Secretary based25

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on estimated or actual costs of the tech-1

nology or service and administrative costs2

incurred by the Secretary.3

(B) AWARD BY SECRETARY.—The Secretary4

may award and designate contracts under which5

States and units of local government may procure6

anti-terrorism technologies and anti-terrorism serv-7

ices directly from the contract holders. No indem-8

nification may be provided under the authorities set9

forth in section 742 for procurements that are made10

directly between contractors and States or units of11

local government.12

(2) PERMITTED CATALOG TECHNOLOGIES AND13

SERVICES.—A State may include in a request sub-14

mitted under paragraph (1) only a technology or15

service listed in the catalog produced under sub-16

section (b)(1).17

(3) COORDINATION OF LOCAL REQUESTS WITH-18

IN STATE.—The Governor of a State (or the Mayor19

of the District of Columbia) may establish such pro-20

cedures as the Governor (or the Mayor of the Dis-21

trict of Columbia) considers appropriate for admin-22

istering and coordinating requests for anti-terrorism23

technologies or anti-terrorism services from units of24

local government within the State.25

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(4) SHIPMENT AND TRANSPORTATION COSTS.—1

A State requesting anti-terrorism technologies or2

anti-terrorism services shall be responsible for ar-3

ranging and paying for any shipment or transpor-4

tation costs necessary to deliver the technologies or5

services, respectively, to the State and localities6

within the State.7

(d) REIMBURSEMENT OF ACTUAL COSTS.—In the8

case of a procurement made by or for a State or unit of9

local government under the procedures established under10

this section, the Secretary shall require the State or unit11

of local government to reimburse the Department for the12

actual costs it has incurred for such procurement.13

(e) TIME FOR IMPLEMENTATION.—The catalog and14

procedures required by subsection (b) of this section shall15

be completed as soon as practicable and no later than 21016

days after the enactment of this Act.17

SEC. 744. CONGRESSIONAL NOTIFICATION.18

(a) IN GENERAL.—Notwithstanding any other law, a19

Federal agency shall, when exercising the discretionary20

authority of Public Law 85–804, as amended by section21

742, to indemnify contractors and subcontractors, provide22

written notification to the Committees identified in sub-23

section (b) within 30 days after a contract clause is exe-24

cuted to provide indemnification.25

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(b) SUBMISSION.—The notification required by sub-1

section (a) shall be submitted to—2

(1) the Appropriations Committees of the Sen-3

ate and House;4

(2) the Armed Services Committees of the Sen-5

ate and House;6

(3) the Senate Governmental Affairs Com-7

mittee; and8

(4) the House Government Reform Committee.9


In this subtitle:11

(1) ANTI-TERRORISM TECHNOLOGY AND SERV-12

ICE.—The terms ‘‘anti-terrorism technology’’ and13

‘‘anti-terrorism service’’ mean any product, equip-14

ment, or device, including information technology,15

and any service, system integration, or other kind of16

service (including a support service), respectively,17

that is related to technology and is designed, devel-18

oped, modified, or procured for the purpose of pre-19

venting, detecting, identifying, otherwise deterring,20

or recovering from acts of terrorism.21

(2) ACT OF TERRORISM.—The term ‘‘act of ter-22

rorism’’ means a calculated attack or threat of at-23

tack against any person, property, or infrastructure24

to inculcate fear, or to intimidate or coerce a govern-25

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ment, the civilian population, or any segment there-1

of, in the pursuit of political, religious, or ideological2

objectives.3

(3) INFORMATION TECHNOLOGY.—The term4

‘‘information technology’’ has the meaning such5

term in section 11101(6) of title 40, United States6

Code.7

(4) STATE.—The term ‘‘State’’ includes the8

District of Columbia, the Commonwealth of Puerto9

Rico, the Commonwealth of the Northern Mariana10

Islands, and any territory or possession of the11

United States.12

(5) UNIT OF LOCAL GOVERNMENT.—The term13

‘‘unit of local government’’ means any city, county,14

township, town, borough, parish, village, or other15

general purpose political subdivision of a State; an16

Indian tribe which performs law enforcement func-17

tions as determined by the Secretary of the Interior;18

or any agency of the District of Columbia Govern-19

ment or the United States Government performing20

law enforcement functions in and for the District of21

Columbia or the Trust Territory of the Pacific Is-22

lands.23

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Subtitle F—Federal Emergency1

Procurement Flexibility2

SEC. 751. DEFINITION.3

In this title, the term ‘‘executive agency’’ has the4

meaning given that term under section 4(1) of the Office5

of Federal Procurement Policy Act (41 U.S.C. 403(1)).6

SEC. 752. PROCUREMENTS FOR DEFENSE AGAINST OR RE-7

COVERY FROM TERRORISM OR NUCLEAR, BI-8

OLOGICAL, CHEMICAL, OR RADIOLOGICAL9

ATTACK.10

The authorities provided in this subtitle apply to any11

procurement of property or services by or for an executive12

agency that, as determined by the head of the executive13

agency, are to be used to facilitate defense against or re-14

covery from terrorism or nuclear, biological, chemical, or15

radiological attack, but only if a solicitation of offers for16

the procurement is issued during the 1-year period begin-17

ning on the date of the enactment of this Act.18

SEC. 753. INCREASED SIMPLIFIED ACQUISITION THRESH-19

OLD FOR PROCUREMENTS IN SUPPORT OF20

HUMANITARIAN OR PEACEKEEPING OPER-21

ATIONS OR CONTINGENCY OPERATIONS.22

(a) TEMPORARY THRESHOLD AMOUNTS.—For a pro-23

curement referred to in section 752 that is carried out24

in support of a humanitarian or peacekeeping operation25

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or a contingency operation, the simplified acquisition1

threshold definitions shall be applied as if the amount de-2

termined under the exception provided for such an oper-3

ation in those definitions were—4

(1) in the case of a contract to be awarded and5

performed, or purchase to be made, inside the6

United States, $250,000; or7

(2) in the case of a contract to be awarded and8

performed, or purchase to be made, outside the9

United States, $500,000.10

(b) SIMPLIFIED ACQUISITION THRESHOLD DEFINI-11

TIONS.—In this section, the term ‘‘simplified acquisition12

threshold definitions’’ means the following:13

(1) Section 4(11) of the Office of Federal Pro-14

curement Policy Act (41 U.S.C. 403(11)).15

(2) Section 309(d) of the Federal Property and16

Administrative Services Act of 1949 (41 U.S.C.17

259(d)).18

(3) Section 2302(7) of title 10, United States19

Code.20

(c) SMALL BUSINESS RESERVE.—For a procurement21

carried out pursuant to subsection (a), section 15(j) of the22

Small Business Act (15 U.S.C. 644(j)) shall be applied23

as if the maximum anticipated value identified therein is24

equal to the amounts referred to in subsection (a).25

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SEC. 754. INCREASED MICRO-PURCHASE THRESHOLD FOR1

CERTAIN PROCUREMENTS.2

In the administration of section 32 of the Office of3

Federal Procurement Policy Act (41 U.S.C. 428) with re-4

spect to a procurement referred to in section 752, the5

amount specified in subsections (c), (d), and (f) of such6

section 32 shall be deemed to be $10,000.7

SEC. 755. APPLICATION OF CERTAIN COMMERCIAL ITEMS8

AUTHORITIES TO CERTAIN PROCUREMENTS.9

(a) AUTHORITY.—10

(1) IN GENERAL.—The head of an executive11

agency may apply the provisions of law listed in12

paragraph (2) to a procurement referred to in sec-13

tion 752 without regard to whether the property or14

services are commercial items.15

(2) COMMERCIAL ITEM LAWS.—The provisions16

of law referred to in paragraph (1) are as follows:17

(A) Sections 31 and 34 of the Office of18

Federal Procurement Policy Act (41 U.S.C.19

427, 430).20

(B) Section 2304(g) of title 10, United21

States Code.22

(C) Section 303(g) of the Federal Property23

and Administrative Services Act of 1949 (4124

U.S.C. 253(g)).25

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(b) INAPPLICABILITY OF LIMITATION ON USE OF1

SIMPLIFIED ACQUISITION PROCEDURES.—2

(1) IN GENERAL.—The $5,000,000 limitation3

provided in section 31(a)(2) of the Office of Federal4

Procurement Policy Act (41 U.S.C. 427(a)(2)), sec-5

tion 2304(g)(1)(B) of title 10, United States Code,6

and section 303(g)(1)(B) of the Federal Property7

and Administrative Services Act of 1949 (41 U.S.C.8

253(g)(1)(B)) shall not apply to purchases of prop-9

erty or services to which any of the provisions of law10

referred to in subsection (a) are applied under the11

authority of this section.12

(2) OMB GUIDANCE.—The Director of the Of-13

fice of Management and Budget shall issue guidance14

and procedures for the use of simplified acquisition15

procedures for a purchase of property or services in16

excess of $5,000,000 under the authority of this sec-17

tion.18

(c) CONTINUATION OF AUTHORITY FOR SIMPLIFIED19

PURCHASE PROCEDURES.—Authority under a provision of20

law referred to in subsection (a)(2) that expires under sec-21

tion 4202(e) of the Clinger-Cohen Act of 1996 (divisions22

D and E of Public Law 104–106; 10 U.S.C. 2304 note)23

shall, notwithstanding such section, continue to apply for24

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use by the head of an executive agency as provided in sub-1

sections (a) and (b).2

SEC. 756. USE OF STREAMLINED PROCEDURES.3

(a) REQUIRED USE.—The head of an executive agen-4

cy shall, when appropriate, use streamlined acquisition au-5

thorities and procedures authorized by law for a procure-6

ment referred to in section 752, including authorities and7

procedures that are provided under the following provi-8

sions of law:9

(1) FEDERAL PROPERTY AND ADMINISTRATIVE10

SERVICES ACT OF 1949.—In title III of the Federal11

Property and Administrative Services Act of 1949:12

(A) Paragraphs (1), (2), (6), and (7) of13

subsection (c) of section 303 (41 U.S.C. 253),14

relating to use of procedures other than com-15

petitive procedures under certain circumstances16

(subject to subsection (e) of such section).17

(B) Section 303J (41 U.S.C. 253j), relat-18

ing to orders under task and delivery order con-19

tracts.20

(2) TITLE 10, UNITED STATES CODE.—In chap-21

ter 137 of title 10, United States Code:22

(A) Paragraphs (1), (2), (6), and (7) of23

subsection (c) of section 2304, relating to use24

of procedures other than competitive procedures25

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under certain circumstances (subject to sub-1

section (e) of such section).2

(B) Section 2304c, relating to orders3

under task and delivery order contracts.4

(3) OFFICE OF FEDERAL PROCUREMENT POL-5

ICY ACT.—Paragraphs (1)(B), (1)(D), and (2) of6

section 18(c) of the Office of Federal Procurement7

Policy Act (41 U.S.C. 416(c)), relating to inapplica-8

bility of a requirement for procurement notice.9

(b) WAIVER OF CERTAIN SMALL BUSINESS THRESH-10

OLD REQUIREMENTS.—Subclause (II) of section11

8(a)(1)(D)(i) of the Small Business Act (15 U.S.C.12

637(a)(1)(D)(i)) and clause (ii) of section 31(b)(2)(A) of13

such Act (15 U.S.C. 657a(b)(2)(A)) shall not apply in the14

use of streamlined acquisition authorities and procedures15

referred to in paragraphs (1)(A) and (2)(A) of subsection16

(a) for a procurement referred to in section 752.17

SEC. 757. REVIEW AND REPORT BY COMPTROLLER GEN-18

ERAL.19

(a) REQUIREMENTS.—Not later than March 31,20

2004, the Comptroller General shall—21

(1) complete a review of the extent to which22

procurements of property and services have been23

made in accordance with this subtitle; and24

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(2) submit a report on the results of the review1

to the Committee on Governmental Affairs of the2

Senate and the Committee on Government Reform3

of the House of Representatives.4

(b) CONTENT OF REPORT.—The report under sub-5

section (a)(2) shall include the following matters:6

(1) ASSESSMENT.—The Comptroller General’s7

assessment of—8

(A) the extent to which property and serv-9

ices procured in accordance with this title have10

contributed to the capacity of the workforce of11

Federal Government employees within each ex-12

ecutive agency to carry out the mission of the13

executive agency; and14

(B) the extent to which Federal Govern-15

ment employees have been trained on the use of16

technology.17

(2) RECOMMENDATIONS.—Any recommenda-18

tions of the Comptroller General resulting from the19

assessment described in paragraph (1).20

(c) CONSULTATION.—In preparing for the review21

under subsection (a)(1), the Comptroller shall consult with22

the Committee on Governmental Affairs of the Senate and23

the Committee on Government Reform of the House of24

Representatives on the specific issues and topics to be re-25

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viewed. The extent of coverage needed in areas such as1

technology integration, employee training, and human2

capital management, as well as the data requirements of3

the study, shall be included as part of the consultation.4

SEC. 758. IDENTIFICATION OF NEW ENTRANTS INTO THE5

FEDERAL MARKETPLACE.6

The head of each executive agency shall conduct mar-7

ket research on an ongoing basis to identify effectively the8

capabilities, including the capabilities of small businesses9

and new entrants into Federal contracting, that are avail-10

able in the marketplace for meeting the requirements of11

the executive agency in furtherance of defense against or12

recovery from terrorism or nuclear, biological, chemical,13

or radiological attack. The head of the executive agency14

shall, to the maximum extent practicable, take advantage15

of commercially available market research methods, in-16

cluding use of commercial databases, to carry out the re-17

search.18

Subtitle G—Coast Guard19

SEC. 761. PRESERVING COAST GUARD MISSION PERFORM-20

ANCE.21


(1) NON-HOMELAND SECURITY MISSIONS.—The23

term ‘‘non-homeland security missions’’ means the24

following missions of the Coast Guard:25

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(A) Marine safety.1

(B) Search and rescue.2

(C) Aids to navigation.3

(D) Living marine resources (e.g., fisheries4

law enforcement).5

(E) Marine environmental protection.6

(F) Ice operations.7

(2) HOMELAND SECURITY MISSIONS.—The8

term ‘‘homeland security missions’’ means the fol-9

lowing missions of the Coast Guard:10

(A) Ports, waterways and coastal security.11

(B) Drug interdiction.12

(C) Migrant interdiction.13

(D) Defense readiness.14

(E) Other law enforcement.15

(b) TRANSFER.—There are transferred to the De-16

partment the authorities, functions, personnel, and assets17

of the Coast Guard, which shall be maintained as a dis-18

tinct entity within the Department, including the authori-19

ties and functions of the Secretary of Transportation re-20

lating thereto.21

(c) MAINTENANCE OF STATUS OF FUNCTIONS AND22

ASSETS.—Notwithstanding any other provision of this23

Act, the authorities, functions, assets, organizational24

structure, units, personnel, and non-homeland security25

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missions of the Coast Guard shall be maintained intact1

and without reduction after the transfer of the Coast2

Guard to the Department, except as specified in subse-3

quent Acts. Nothing in this paragraph shall prevent the4

Coast Guard from replacing or upgrading any asset with5

an asset of equivalent or greater capabilities.6

(d) CERTAIN TRANSFERS PROHIBITED.—7

(1) IN GENERAL.—None of the missions, func-8

tions, personnel, and assets (including ships, air-9

craft, helicopters, and vehicles) of the Coast Guard10

may be transferred to the operational control of, or11

diverted to the principal and continuing use of, any12

other organization, unit, or entity of the Depart-13

ment.14

(2) APPLICABILITY.—The restrictions in para-15

graph (1) shall not apply—16

(A) to any joint operation of less than 9017

days between the Coast Guard and other enti-18

ties and organizations of the Department; or19

(B) to any detail or assignment of any in-20

dividual member or civilian employee of the21

Coast Guard to any other entity or organization22

of the Department for the purposes of ensuring23

effective liaison, coordination, and operations of24

the Coast Guard and that entity or organiza-25

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tion, except that the total number of individuals1

detailed or assigned in this capacity may not2

exceed 50 individuals during any fiscal year.3

(e) CHANGES TO NON-HOMELAND SECURITY MIS-4

SIONS.—5

(1) PROHIBITION.—The Secretary may not6

make any substantial or significant change to any of7

the non-homeland security missions of the Coast8

Guard, or to the capabilities of the Coast Guard to9

carry out each of the non-homeland security mis-10

sions, without the prior approval of Congress as ex-11

pressed in a subsequent Act. With respect to a12

change to the capabilities of the Coast Guard to13

carry out each of the non-homeland security mis-14

sions, the restrictions in this paragraph shall not15

apply when such change shall result in an increase16

in those capabilities.17

(2) WAIVER.—The President may waive the re-18

strictions under paragraph (1) for a period of not to19

exceed 90 days upon a declaration and certification20

by the President to Congress that a clear, compel-21

ling, and immediate state of national emergency ex-22

ists that justifies such a waiver. A certification23

under this paragraph shall include a detailed jus-24

tification for the declaration and certification, in-25

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cluding the reasons and specific information that1

demonstrate that the Nation and the Coast Guard2

cannot respond effectively to the national emergency3

if the restrictions under paragraph (1) are not4

waived.5

(f) ANNUAL REVIEW.—6

(1) IN GENERAL.—The Inspector General of7

the Department shall conduct an annual review that8

shall assess thoroughly the performance by the9

Coast Guard of all missions of the Coast Guard (in-10

cluding non-homeland security missions and home-11

land security missions) with a particular emphasis12

on examining the non-homeland security missions.13

(2) REPORT.—The Inspector General shall sub-14

mit the detailed results of the annual review and as-15

sessment required by paragraph (1) not later than16

March 1 of each year directly to—17

(A) the Committee on Governmental Af-18

fairs of the Senate;19

(B) the Committee on Government Reform20

of the House of Representatives;21

(C) the Committees on Appropriations of22

the Senate and the House of Representatives;23

(D) the Committee on Commerce, Science,24

and Transportation of the Senate; and25

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(E) the Committee on Transportation and1

Infrastructure of the House of Representatives.2

(g) DIRECT REPORTING TO SECRETARY.—Upon the3

transfer of the Coast Guard to the Department, the Com-4

mandant shall report directly to the Secretary without5

being required to report through any other official of the6

Department.7

(h) OPERATION AS A SERVICE IN THE NAVY.—None8

of the conditions and restrictions in this section shall9

apply when the Coast Guard operates as a service in the10

Navy under section 3 of title 14, United States Code.11

TITLE VIII—TRANSITION12


In this title:14

(1) AGENCY.—The term ‘‘agency’’ includes any15

entity, organizational unit, or function; and16

(2) TRANSITION PERIOD.—The term ‘‘transi-17

tion period’’ means the 12-month period beginning18

on the effective date of this Act.19

SEC. 802. TRANSFER OF AGENCIES.20

The transfer of an agency to the Department shall21

occur when the President so directs, but in no event later22

than the end of the transition period. When an agency23

is transferred, the President may also transfer to the De-24

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partment any agency established to carry out or support1

adjudicatory or review functions in relation to the agency.2

SEC. 803. TRANSITIONAL AUTHORITIES.3

(a) PROVISION OF ASSISTANCE BY OFFICIALS.—4

Until the transfer of an agency to the Department, any5

official having authority over, or functions relating to, the6

agency immediately before the effective date of this Act7

shall provide to the Secretary such assistance, including8

the use of personnel and assets, as the Secretary may re-9

quest in preparing for the transfer and integration of the10

agency into the Department.11

(b) SERVICES AND PERSONNEL.—During the transi-12

tion period, upon the request of the Secretary, the head13

of any executive agency may, on a reimbursable or non-14

reimbursable basis, provide services or detail personnel to15

assist with the transition.16

(c) ACTING OFFICIALS.—17


(A) DESIGNATION.—During the transition19

period, pending the advice and consent of the20

Senate to the appointment of an officer re-21

quired by this Act to be appointed by and with22

such advice and consent, the President may23

designate any officer whose appointment was24

required to be made by and with such advice25

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and consent and who was such an officer imme-1

diately before the effective date of this Act (and2

who continues in office) or immediately before3

such designation, to act in such office until the4

same is filled as provided in this Act.5

(B) COMPENSATION.—While serving as an6

acting officer under subparagraph (A), that of-7

ficer shall receive compensation at the higher of8

the rate provided—9

(i) by this Act for the office in which10

that officer acts; or11

(ii) for the office held at the time of12

designation.13

(2) RULE OF CONSTRUCTION.—Nothing in this14

Act shall be construed to require the advice and con-15

sent of the Senate to the appointment by the Presi-16

dent to a position in the Department of any officer17

whose—18

(A) agency is transferred to the Depart-19

ment under this Act; and20

(B) duties following such transfer are ger-21

mane to those performed before such transfer.22

(d) TRANSFER OF PERSONNEL, ASSETS, LIABIL-23

ITIES, AND FUNCTIONS.—Upon the transfer of an agency24

to the Department—25

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(1) the personnel, assets, and liabilities held by1

or available in connection with the agency shall be2

transferred to the Secretary for appropriate alloca-3

tion, subject to the approval of the Director of the4

Office of Management and Budget; and5

(2) the Secretary shall have all functions—6

(A) relating to the agency that any other7

official could by law exercise in relation to the8

agency immediately before such transfer; and9

(B) vested in the Secretary by this Act or10

other law.11

SEC. 804. SAVINGS PROVISIONS.12

(a) COMPLETED ADMINISTRATIVE ACTIONS.—13

(1) IN GENERAL.—Completed administrative14

actions of an agency shall not be affected by the en-15

actment of this Act or the transfer of such agency16

to the Department, but shall continue in effect ac-17

cording to their terms until amended, modified, su-18

perseded, terminated, set aside, or revoked in ac-19

cordance with law by an officer of the United States20

or a court of competent jurisdiction, or by operation21

of law.22

(2) INCLUDED ACTIONS.—For purposes of23

paragraph (1), the term ‘‘completed administrative24

actions’’ includes orders, determinations, rules, regu-25

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lations, personnel actions, permits, agreements,1

grants, contracts, certificates, licenses, registrations,2

and privileges.3

(b) PENDING PROCEEDINGS.—Subject to the author-4

ity of the Secretary under this Act—5

(1) pending proceedings in an agency, including6

notices of proposed rulemaking, and applications for7

licenses, permits, certificates, grants, and financial8

assistance, shall continue notwithstanding the enact-9

ment of this Act or the transfer of the agency to the10

Department, unless discontinued or modified under11

the same terms and conditions and to the same ex-12

tent that such discontinuance could have occurred if13

such enactment or transfer had not occurred; and14

(2) orders issued in such proceedings, and ap-15

peals therefrom, and payments made pursuant to16

such orders, shall issue in the same manner and on17

the same terms as if this Act had not been enacted18

or the agency had not been transferred, and any19

such orders shall continue in effect until amended,20

modified, superseded, terminated, set aside, or re-21

voked by an officer of the United States or a court22

of competent jurisdiction, or by operation of law.23

(c) PENDING CIVIL ACTIONS.—Subject to the author-24

ity of the Secretary under this Act, pending civil actions25

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shall continue notwithstanding the enactment of this Act1

or the transfer of an agency to the Department, and in2

such civil actions, proceedings shall be had, appeals taken,3

and judgments rendered and enforced in the same manner4

and with the same effect as if such enactment or transfer5

had not occurred.6

(d) REFERENCES.—References relating to an agency7

that is transferred to the Department in statutes, Execu-8

tive orders, rules, regulations, directives, or delegations of9

authority that precede such transfer or the effective date10

of this Act shall be deemed to refer, as appropriate, to11

the Department, to its officers, employees, or agents, or12

to its corresponding organizational units or functions.13

(e) STATUTORY REPORTING REQUIREMENTS.—Any14

statutory reporting requirement that applied to an agency,15

transferred to the Department under this Act, imme-16

diately before the effective date of this Act shall continue17

to apply following that transfer if the statutory require-18

ment refers to the agency by name.19

(f) EMPLOYMENT PROVISIONS.—Except as otherwise20

provided in this Act, or under authority granted by this21

Act, the transfer under this Act of personnel shall not22

alter the terms and conditions of employment, including23

compensation, of any employee so transferred.24

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SEC. 805. TERMINATIONS.1

Except as otherwise provided in this Act, whenever2

all the functions vested by law in any agency have been3

transferred under this Act, each position and office the4

incumbent of which was authorized to receive compensa-5

tion at the rates prescribed for an office or position at6

level II, III, IV, or V, of the Executive Schedule, shall7

terminate.8

SEC. 806. INCIDENTAL TRANSFERS.9

The Director of the Office of Management and Budg-10

et, in consultation with the Secretary, is authorized and11

directed to make such additional incidental dispositions of12

personnel, assets, and liabilities held, used, arising from,13

available, or to be made available, in connection with the14

functions transferred by this Act, as the Director may de-15

termine necessary to accomplish the purposes of this Act.16

TITLE IX—CONFORMING AND17

TECHNICAL AMENDMENTS18

SEC. 901. INSPECTOR GENERAL ACT.19

Section 11 of the Inspector General Act of 1978 (520

U.S.C. App.) is amended in paragraphs (1) and (2)—21

(1) by inserting ‘‘Homeland Security,’’ after22

‘‘Transportation,’’ each place it appears;23

(2) by striking ‘‘; and’’ each place it appears24

and inserting a semicolon;25

(3) by striking ‘‘,,’’ and inserting a coma; and26

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(4) by striking ‘‘;;’’ each place it appears and1

inserting a semicolon in each such place.2

SEC. 902. EXECUTIVE SCHEDULE.3

Chapter 53 of title 5, United States Code, is4

amended—5

(1) in section 5312, by inserting after the item6

relating to the Secretary of Veterans Affairs the fol-7

lowing:8

‘‘Secretary of Homeland Security.’’;9


relating to the Deputy Secretary of Transportation11

the following:12

‘‘Deputy Secretary of Homeland Security.’’;13


relating to the Under Secretary for Memorial Af-15

fairs, Department of Veterans Affairs the following:16

‘‘Under Secretaries, Department of Homeland17

Security.’’; and18

(4) in section 5315, by inserting at the end the19

following:20

‘‘Assistant Secretaries, Department of Home-21

land Security.22

‘‘General Counsel, Department of Homeland23

Security.24

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‘‘Chief Financial Officer, Department of Home-1

land Security.2

‘‘Chief Information Officer, Department of3

Homeland Security.4

‘‘Inspector General, Department of Homeland5

Security.’’.6

SEC. 903. UNITED STATES SECRET SERVICE.7

(a) UNIFORMED DIVISION.—Section 202 of title 3,8

United States Code, is amended by striking ‘‘Secretary of9

the Treasury’’ and inserting ‘‘Secretary of Homeland Se-10

curity’’.11

(b) REIMBURSEMENT OF STATE AND LOCAL GOV-12

ERNMENTS.—Section 208 of title 3, United States Code,13

is amended by striking ‘‘Secretary of Treasury’’ each place14

it appears and inserting ‘‘Secretary of Homeland Secu-15

rity’’ in each such place.16

(c) POWERS, AUTHORITIES, AND DUTIES.—Section17

3056 of title 18, United States Code, is amended by strik-18

ing ‘‘Secretary of the Treasury’’ each place it appears and19

inserting ‘‘Secretary of Homeland Security’’ in each such20

place.21

(d) EFFECTIVE DATE.—The amendments made by22

this section shall take effect on the date of transfer of23

the United States Secret Service to the Department.24

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SEC. 904. COAST GUARD.1

(a) TITLE 14, U.S.C.—Title 14 of the United States2

Code is amended—3

(1) in sections 1, 3, 53, 95, 145, 516, 666, 669,4

673 (as added by Public Law 104–201), 673 (as5

added by Public Law 104–324), 674, 687, and 688,6

by striking ‘‘of Transportation’’, each place it ap-7

pears, and inserting ‘‘of Homeland Security’’; and8

(2) after executing the other amendments re-9

quired by this subsection, by redesignating the sec-10

tion 673 added by Public Law 104–324 as section11

673a.12

(b) TITLE 10, U.S.C.—Section 801(1) of title 10,13

United States Code, is amended by striking ‘‘the General14

Counsel of the Department of Transportation’’ and insert-15

ing ‘‘an official designated to serve as Judge Advocate16

General of the Coast Guard by the Secretary of Homeland17

Security’’.18

(c) EFFECTIVE DATE.—The amendments made by19


the Coast Guard to the Department.21

SEC. 905. STRATEGIC NATIONAL STOCKPILE AND SMALL-22

POX VACCINE DEVELOPMENT.23

(a) IN GENERAL.—Section 121 of the Public Health24

Security and Bioterrorism Preparedness and Response25

Act of 2002 is amended—26

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(1) in subsection (a)(1)—1

(A) by striking ‘‘Secretary of Health and2

Human Services’’ and inserting ‘‘Secretary of3

Homeland Security’’;4

(B) by inserting ‘‘the Secretary of Health5

and Human Services and’’ after ‘‘in coordina-6

tion with’’; and7

(C) by inserting ‘‘of Health and Human8

Services’’ after ‘‘as are determined by the Sec-9

retary’’; and10

(2) in subsections (a)(2) and (b), by inserting11

‘‘of Health and Human Services’’ after ‘‘Secretary’’12

each place it appears.13

(b) EFFECTIVE DATE.—The amendments made by14


the Strategic National Stockpile of the Department of16

Health and Human Services to the Department.17

SEC. 906. SELECT AGENT REGISTRATION.18

(a) PUBLIC HEALTH SERVICE ACT.—The Public19

Health Service Act is amended—20

(1) in section 351A(a)(1)(A), by inserting ‘‘(as21

defined in subsection (l)(9))’’ after ‘‘Secretary’’;22

(2) in section 351A(h)(2)(A), by inserting ‘‘De-23

partment of Homeland Security, the’’ before ‘‘De-24

partment of Health and Human Services’’;25

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(3) in section 351A(l), by inserting after para-1

graph (8) the following:2

‘‘(9) The term ‘Secretary’ means the Secretary3

of Homeland Security, in consultation with the Sec-4

retary of Health and Human Services.’’; and5

(4) in section 352A(i)—6

(A) by striking ‘‘(1)’’ the first place it ap-7

pears; and8

(B) by striking paragraph (2).9

(b) PUBLIC HEALTH SECURITY AND BIOTERRORISM10

PREPAREDNESS AND RESPONSE ACT OF 2002.—Section11

201(b) of the Public Health Security and Bioterrorism12

Preparedness and Response Act of 2002 is amended by13

striking ‘‘Secretary of Health and Human Services’’ and14

inserting ‘‘Secretary of Homeland Security’’.15

(c) EFFECTIVE DATE.—The amendments made by16


the select agent registration enforcement programs and18

activities of the Department of Health and Human Serv-19

ices to the Department.20

SEC. 907. NATIONAL BIO-WEAPONS DEFENSE ANALYSIS21

CENTER.22

There is established in the Department of Defense23

a National Bio-Weapons Defense Analysis Center, whose24

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mission is to develop countermeasures to potential attacks1

by terrorists using weapons of mass destruction.2

SEC. 908. MILITARY ACTIVITIES.3

Except as specifically provided in this Act, nothing4

in this Act shall confer upon the Secretary any authority5

to engage in war fighting, the military defense of the6

United States, or other traditional military activities.7

DIVISION B—IMMIGRATION RE-8

FORM, ACCOUNTABILITY,9

AND SECURITY ENHANCE-10

MENT ACT OF 200211

SEC. 1001. SHORT TITLE.12

This division may be cited as the ‘‘Immigration Re-13

form, Accountability, and Security Enhancement Act of14

2002’’.15


In this division:17

(1) ENFORCEMENT BUREAU.—The term ‘‘En-18

forcement Bureau’’ means the Bureau of Enforce-19

ment established in section 114 of the Immigration20

and Nationality Act, as added by section 1105 of21

this Act.22

(2) FUNCTION.—The term ‘‘function’’ includes23

any duty, obligation, power, authority, responsibility,24

right, privilege, activity, or program.25

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(3) IMMIGRATION ENFORCEMENT FUNC-1

TIONS.—The term ‘‘immigration enforcement func-2

tions’’ has the meaning given the term in section3

114(b)(2) of the Immigration and Nationality Act,4

as added by section 1105 of this Act.5

(4) IMMIGRATION LAWS OF THE UNITED6

STATES.—The term ‘‘immigration laws of the United7

States’’ has the meaning given the term in section8

111(e) of the Immigration and Nationality Act, as9

added by section 1102 of this Act.10

(5) IMMIGRATION POLICY, ADMINISTRATION,11

AND INSPECTION FUNCTIONS.—The term ‘‘immigra-12

tion policy, administration, and inspection func-13

tions’’ has the meaning given the term in section14

112(b)(3) of the Immigration and Nationality Act,15


(6) IMMIGRATION SERVICE FUNCTIONS.—The17

term ‘‘immigration service functions’’ has the mean-18

ing given the term in section 113(b)(2) of the Immi-19

gration and Nationality Act, as added by section20

1104 of this Act.21

(7) OFFICE.—The term ‘‘office’’ includes any22

office, administration, agency, bureau, institute,23

council, unit, organizational entity, or component24

thereof.25

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(8) SECRETARY.—The term ‘‘Secretary’’ means1

the Secretary of Homeland Security.2

(9) SERVICE BUREAU.—The term ‘‘Service Bu-3

reau’’ means the Bureau of Immigration Services es-4

tablished in section 113 of the Immigration and Na-5

tionality Act, as added by section 1104 of this Act.6

(10) UNDER SECRETARY.—The term ‘‘Under7

Secretary’’ means the Under Secretary of Homeland8

Security for Immigration Affairs appointed under9

section 112 of the Immigration and Nationality Act,10


SEC. 1003. TRANSFER OF IMMIGRATION AND NATURALIZA-12

TION SERVICE FUNCTIONS.13



and liabilities of the Immigration and Naturalization Serv-16

ice of the Department of Justice, including the functions17

of the Attorney General relating thereto, to be restruc-18

tured so as to separate enforcement and service functions.19

TITLE XI—DIRECTORATE OF20

IMMIGRATION AFFAIRS21

Subtitle A—Organization22

SEC. 1101. ABOLITION OF INS.23

(a) IN GENERAL.—The Immigration and Naturaliza-24

tion Service is abolished.25

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(b) REPEAL.—Section 4 of the Act of February 14,1

1903, as amended (32 Stat. 826; relating to the establish-2

ment of the Immigration and Naturalization Service), is3

repealed.4

SEC. 1102. ESTABLISHMENT OF DIRECTORATE OF IMMI-5

GRATION AFFAIRS.6

(a) ESTABLISHMENT.—Title I of the Immigration7

and Nationality Act (8 U.S.C. 1101 et seq.) is amended—8

(1) by inserting ‘‘CHAPTER 1—DEFINITIONS9

AND GENERAL AUTHORITIES’’ after ‘‘TITLE10

I—GENERAL’’; and11

(2) by adding at the end the following:12

‘‘CHAPTER 2—DIRECTORATE OF13

IMMIGRATION AFFAIRS14

‘‘SEC. 111. ESTABLISHMENT OF DIRECTORATE OF IMMIGRA-15

TION AFFAIRS.16

‘‘(a) ESTABLISHMENT.—There is established within17

the Department of Homeland Security the Directorate of18

Immigration Affairs.19

‘‘(b) PRINCIPAL OFFICERS.—The principal officers of20

the Directorate are the following:21

‘‘(1) The Under Secretary for Immigration Af-22

fairs appointed under section 112.23

‘‘(2) The Assistant Secretary for Immigration24

Services appointed under section 113.25

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‘‘(3) The Assistant Secretary for Enforcement1

appointed under section 114.2

‘‘(c) FUNCTIONS.—Under the authority of the Sec-3

retary of Homeland Security, the Directorate shall per-4

form the following functions:5

‘‘(1) Immigration policy and administration6

functions, as defined in section 112(b).7

‘‘(2) Immigration service and adjudication func-8

tions, as defined in section 113(b).9

‘‘(3) Immigration enforcement functions, as de-10

fined in section 114(b), but does not include the11

functions described in paragraphs (7) and (8) of sec-12

tion 131(b).13

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—14

‘‘(1) IN GENERAL.—There are authorized to be15

appropriated to the Department of Homeland Secu-16

rity such sums as may be necessary to carry out the17

functions of the Directorate.18

‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap-19

propriated pursuant to paragraph (1) are authorized20

to remain available until expended.21

‘‘(e) IMMIGRATION LAWS OF THE UNITED STATES22

DEFINED.—In this chapter, the term ‘immigration laws23

of the United States’ shall have the same meaning given24

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such term in section 101(a)(17) of the Immigration and1

Nationality Act (8 U.S.C. 1101(a)(17)).’’.2

(b) CONFORMING AMENDMENTS.—(1) The Immigra-3

tion and Nationality Act (8 U.S.C. 1101 et seq.) is4

amended—5

(A) by striking section 101(a)(34) (8 U.S.C.6

1101(a)(34)) and inserting the following:7

‘‘(34) The term ‘Directorate’ means the Directorate8

of Immigration Affairs established by section 111.’’;9

(B) by adding at the end of section 101(a) the10

following:11

‘‘(51) The term ‘Secretary’ means the Secretary of12

Homeland Security.13

‘‘(52) The term ‘Department’ means the Department14

of Homeland Security.’’;15

(C) by striking ‘‘Attorney General’’ and ‘‘De-16

partment of Justice’’ each place it appears (other17

than the proviso in section 103(a)(1) of the Immi-18

gration and Nationality Act) and inserting ‘‘Sec-19

retary’’ and ‘‘Department’’, respectively;20

(D) in section 101(a)(17) (8 U.S.C.21

1101(a)(17)), by striking ‘‘The’’ and inserting ‘‘Ex-22

cept as otherwise provided in section 111(e), the;23

and24

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(E) by striking ‘‘Immigration and Naturaliza-1

tion Service’’, ‘‘Service’’, and ‘‘Service’s’’ each place2

they appear and inserting ‘‘Directorate of Immigra-3

tion Affairs’’, ‘‘Directorate’’, and ‘‘Directorate’s’’,4

respectively.5

(2) Section 6 of the Act entitled ‘‘An Act to authorize6

certain administrative expenses for the Department of7

Justice, and for other purposes’’, approved July 28, 19508

(64 Stat. 380), is amended—9

(A) by striking ‘‘Immigration and Naturaliza-10

tion Service’’ and inserting ‘‘Directorate of Immigra-11

tion Affairs’’;12

(B) by striking clause (a); and13

(C) by redesignating clauses (b), (c), (d), and14

(e) as clauses (a), (b), (c), and (d), respectively.15

(c) REFERENCES.—Any reference in any statute, re-16

organization plan, Executive order, regulation, agreement,17

determination, or other official document or proceeding to18

the Immigration and Naturalization Service shall be19

deemed to refer to the Directorate of Immigration Affairs20

and the Directorate of Border and Transportation Secu-21

rity of the Department of Homeland Security, as appro-22

priate, and any reference in the immigration laws of the23

United States (as defined in section 111(e) of the Immi-24

gration and Nationality Act, as added by this section) to25

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the Attorney General shall be deemed to refer to the Sec-1

retary of Homeland Security, acting through the Under2

Secretary for Immigration Affairs and the Under Sec-3

retary for Border and Transportation Security, as appro-4

priate.5

SEC. 1103. UNDER SECRETARY OF HOMELAND SECURITY6

FOR IMMIGRATION AFFAIRS.7

(a) IN GENERAL.—Chapter 2 of title I of the Immi-8

gration and Nationality Act, as added by section 1102 of9

this Act, is amended by adding at the end the following:10

‘‘SEC. 112. UNDER SECRETARY OF HOMELAND SECURITY11

FOR IMMIGRATION AFFAIRS.12

‘‘(a) UNDER SECRETARY OF IMMIGRATION AF-13

FAIRS.—The Directorate shall be headed by an Under14

Secretary of Homeland Security for Immigration Affairs15

who shall be appointed in accordance with section 103(c)16

of the Immigration and Nationality Act.17

‘‘(b) RESPONSIBILITIES OF THE UNDER SEC-18

RETARY.—19

‘‘(1) IN GENERAL.—The Under Secretary shall20

be charged with any and all responsibilities and au-21

thority in the administration of the Directorate and22

of this Act which are conferred upon the Secretary23

as may be delegated to the Under Secretary by the24

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Secretary or which may be prescribed by the Sec-1

retary.2

‘‘(2) DUTIES.—Subject to the authority of the3

Secretary under paragraph (1), the Under Secretary4

shall have the following duties:5

‘‘(A) IMMIGRATION POLICY.—The Under6

Secretary shall develop and implement policy7

under the immigration laws of the United8

States with respect to any function within the9

jurisdiction of the Directorate. The Under Sec-10

retary shall propose, promulgate, and issue11

rules, regulations, and statements of policy with12

respect to any function within the jurisdiction13

of the Directorate.14

‘‘(B) ADMINISTRATION.—The Under Sec-15

retary shall have responsibility for—16

‘‘(i) the administration and enforce-17

ment of the functions conferred upon the18

Directorate under section 111(c) of this19

Act; and20

‘‘(ii) the administration of the Direc-21

torate, including the direction, supervision,22

and coordination of the Bureau of Immi-23

gration Services and the Bureau of En-24

forcement.25

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‘‘(3) ACTIVITIES.—As part of the duties de-1

scribed in paragraph (2), the Under Secretary shall2

do the following:3

‘‘(A) RESOURCES AND PERSONNEL MAN-4

AGEMENT.—The Under Secretary shall manage5

the resources, personnel, and other support re-6

quirements of the Directorate.7

‘‘(B) INFORMATION RESOURCES MANAGE-8

MENT.—Under the direction of the Secretary,9

the Under Secretary shall manage the informa-10

tion resources of the Directorate, including the11

maintenance of records and databases and the12

coordination of records and other information13

within the Directorate, and shall ensure that14

the Directorate obtains and maintains adequate15

information technology systems to carry out its16

functions.17

‘‘(4) DEFINITION.—In this chapter, the term18

‘immigration policy and administration’ means the19

duties, activities, and powers described in this sub-20

section.21

‘‘(c) GENERAL COUNSEL.—22

‘‘(1) IN GENERAL.—There shall be within the23

Directorate a General Counsel, who shall be ap-24

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S.L.C.

pointed by the Secretary of Homeland Security, in1

consultation with the Under Secretary.2

‘‘(2) FUNCTION.—The General Counsel shall—3

‘‘(A) serve as the chief legal officer for the4

Directorate; and5

‘‘(B) be responsible for providing special-6

ized legal advice, opinions, determinations, reg-7

ulations, and any other assistance to the Under8

Secretary with respect to legal matters affecting9

the Directorate, and any of its components.10

‘‘(d) FINANCIAL OFFICERS FOR THE DIRECTORATE11

OF IMMIGRATION AFFAIRS.—12

‘‘(1) CHIEF FINANCIAL OFFICER.—13

‘‘(A) IN GENERAL.—There shall be within14

the Directorate a Chief Financial Officer. The15

position of Chief Financial Officer shall be a ca-16

reer reserved position in the Senior Executive17

Service and shall have the authorities and func-18

tions described in section 902 of title 31,19

United States Code, in relation to financial ac-20

tivities of the Directorate. For purposes of sec-21

tion 902(a)(1) of such title, the Under Sec-22

retary shall be deemed to be an agency head.23

‘‘(B) FUNCTIONS.—The Chief Financial24

Officer shall be responsible for directing, super-25

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vising, and coordinating all budget formulas1

and execution for the Directorate.2

‘‘(2) DEPUTY CHIEF FINANCIAL OFFICER.—The3

Directorate shall be deemed to be an agency for pur-4

poses of section 903 of such title (relating to Deputy5

Chief Financial Officers).6

‘‘(e) CHIEF OF CONGRESSIONAL, INTERGOVERN-7

MENTAL, AND PUBLIC AFFAIRS.—8

‘‘(1) IN GENERAL.—There shall be within the9

Directorate a Chief of Congressional, Intergovern-10

mental, and Public Affairs. Under the authority of11

the Under Secretary, the Chief of Congressional,12

Intergovernmental, and Public Affairs shall be re-13

sponsible for—14

‘‘(A) providing to Congress information re-15

lating to issues arising under the immigration16

laws of the United States, including information17

on specific cases;18

‘‘(B) serving as a liaison with other Fed-19

eral agencies on immigration issues; and20

‘‘(C) responding to inquiries from, and21

providing information to, the media on immi-22

gration issues.23

‘‘(2) WITHIN THE SENIOR EXECUTIVE SERV-24

ICE.—The position of Chief of Congressional, Inter-25

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governmental, and Public Affairs shall be a Senior1

Executive Service position under section 5382 of2

title 5, United States Code.’’.3

(b) COMPENSATION OF GENERAL COUNSEL AND4

CHIEF FINANCIAL OFFICER.—Section 5316 of title 5,5

United States Code, is amended by adding at the end the6

following:7

‘‘General Counsel, Directorate of Immigration8

Affairs, Department of Homeland Security.9

‘‘Chief Financial Officer, Directorate of Immi-10

gration Affairs, Department of Homeland Secu-11

rity.’’.12

(c) REPEALS.—The following provisions of law are13

repealed:14

(1) Section 7 of the Act of March 3, 1891, as15

amended (26 Stat. 1085; relating to the establish-16

ment of the office of the Commissioner of Immigra-17

tion and Naturalization).18

(2) Section 201 of the Act of June 20, 195619

(70 Stat. 307; relating to the compensation of as-20

sistant commissioners and district directors).21

(3) Section 1 of the Act of March 2, 1895 (2822

Stat. 780; relating to special immigrant inspectors).23

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(d) CONFORMING AMENDMENTS.—(1)(A) Section1

101(a)(8) of the Immigration and Nationality Act (82

U.S.C. 1101(a)(8)) is amended to read as follows:3

‘‘(8) The term ‘Under Secretary’ means the4

Under Secretary for Immigration Affairs who is ap-5

pointed under section 103(c).’’.6

(B) Except as provided in subparagraph (C), the Im-7

migration and Nationality Act (8 U.S.C. 1101 et seq.) is8

amended—9

(i) by striking ‘‘The Commissioner of Immigra-10

tion and Naturalization’’ and ‘‘The Commissioner’’11

each place they appear and inserting ‘‘The appro-12

priate Under Secretary of the Department of Home-13

land Security’’; and14

(ii) except as provided in paragraph (1), by15

striking ‘‘Commissioner of Immigration and Natu-16

ralization’’ and ‘‘Commissioner’’ each place they ap-17

pear and inserting ‘‘appropriate Under Secretary of18

the Department of Homeland Security’’.19

(C) The amendments made by subparagraph (B) do20

not apply to references to the ‘‘Commissioner of Social Se-21

curity’’ in section 290(c) of the Immigration and Nation-22

ality Act (8 U.S.C. 1360(c)).23

(2) Section 103 of the Immigration and Nationality24

Act (8 U.S.C. 1103) is amended—25

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(A) in subsection (c), by striking ‘‘Commis-1

sioner’’ and inserting ‘‘Under Secretary’’;2

(B) in subsection (d), by striking ‘‘Commis-3

sioner’’ and inserting ‘‘Under Secretary’’; and4

(C) in subsection (e), by striking ‘‘Commis-5

sioner’’ and inserting ‘‘Under Secretary’’.6

(3) Sections 104 and 105 of the Immigration and Na-7

tionality Act (8 U.S.C. 1104, 1105) are amended by strik-8

ing ‘‘Director’’ each place it appears and inserting ‘‘As-9

sistant Secretary of State for Consular Affairs’’.10

(4) Section 104(c) of the Immigration and Nation-11

ality Act (8 U.S.C. 1104(c)) is amended—12

(A) in the first sentence, by striking ‘‘Passport13

Office, a Visa Office,’’ and inserting ‘‘a Passport14

Services office, a Visa Services office, an Overseas15

Citizen Services office,’’; and16

(B) in the second sentence, by striking ‘‘the17

Passport Office and the Visa Office’’ and inserting18

‘‘the Passport Services office and the Visa Services19

office’’.20

(5) Section 5315 of title 5, United States Code, is21

amended by striking the following:22

‘‘Commissioner of Immigration and Naturaliza-23

tion, Department of Justice.’’.24

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(e) REFERENCES.—Any reference in any statute, re-1

organization plan, Executive order, regulation, agreement,2

determination, or other official document or proceeding to3

the Commissioner of Immigration and Naturalization shall4

be deemed to refer to the Under Secretary for Immigra-5

tion Affairs or the Under Secretary for Border and Trans-6

portation Security, as appropriate.7

SEC. 1104. BUREAU OF IMMIGRATION SERVICES.8


gration and Nationality Act, as added by section 1102 and10

amended by section 1103, is further amended by adding11

at the end the following:12

‘‘SEC. 113. BUREAU OF IMMIGRATION SERVICES.13

‘‘(a) ESTABLISHMENT OF BUREAU.—14

‘‘(1) IN GENERAL.—There is established within15

the Directorate a bureau to be known as the Bureau16

of Immigration Services (in this chapter referred to17

as the ‘Service Bureau’).18

‘‘(2) ASSISTANT SECRETARY.—The head of the19

Service Bureau shall be the Assistant Secretary for20

Immigration Services (in this chapter referred to as21

the ‘Assistant Secretary for Immigration Services’),22

who—23

‘‘(A) shall be appointed by the Secretary,24

in consultation with the Under Secretary; and25

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‘‘(B) shall report directly to the Under1

Secretary.2

‘‘(b) RESPONSIBILITIES OF THE ASSISTANT SEC-3

RETARY.—4

‘‘(1) IN GENERAL.—Subject to the authority of5

the Secretary and the Under Secretary, the Assist-6

ant Secretary for Immigration Services shall admin-7

ister the immigration service functions of the Direc-8

torate.9

‘‘(2) IMMIGRATION SERVICE FUNCTIONS DE-10

FINED.—In this chapter, the term ‘immigration11

service functions’ means the following functions12

under the immigration laws of the United States:13

‘‘(A) Adjudications of petitions for classi-14

fication of nonimmigrant and immigrant status.15

‘‘(B) Adjudications of applications for ad-16

justment of status and change of status.17

‘‘(C) Adjudications of naturalization appli-18

cations.19

‘‘(D) Adjudications of asylum and refugee20

applications.21

‘‘(E) Adjudications performed at Service22

centers.23

‘‘(F) Determinations concerning custody24

and parole of asylum seekers who do not have25

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S.L.C.

prior nonpolitical criminal records and who1

have been found to have a credible fear of per-2

secution, including determinations under section3

236B.4

‘‘(G) All other adjudications under the im-5

migration laws of the United States.6

‘‘(c) CHIEF BUDGET OFFICER OF THE SERVICE BU-7

REAU.—There shall be within the Service Bureau a Chief8

Budget Officer. Under the authority of the Chief Finan-9

cial Officer of the Directorate, the Chief Budget Officer10

of the Service Bureau shall be responsible for monitoring11

and supervising all financial activities of the Service Bu-12

reau.13

‘‘(d) QUALITY ASSURANCE.—There shall be within14

the Service Bureau an Office of Quality Assurance that15

shall develop procedures and conduct audits to—16

‘‘(1) ensure that the Directorate’s policies with17

respect to the immigration service functions of the18

Directorate are properly implemented; and19

‘‘(2) ensure that Service Bureau policies or20

practices result in sound records management and21

efficient and accurate service.22

‘‘(e) OFFICE OF PROFESSIONAL RESPONSIBILITY.—23

There shall be within the Service Bureau an Office of Pro-24

fessional Responsibility that shall have the responsibility25

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S.L.C.

for ensuring the professionalism of the Service Bureau1

and for receiving and investigating charges of misconduct2

or ill treatment made by the public.3

‘‘(f) TRAINING OF PERSONNEL.—The Assistant Sec-4

retary for Immigration Services, in consultation with the5

Under Secretary, shall have responsibility for determining6

the training for all personnel of the Service Bureau.’’.7

(b) SERVICE BUREAU OFFICES.—8

(1) IN GENERAL.—Under the direction of the9

Secretary, the Under Secretary, acting through the10

Assistant Secretary for Immigration Services, shall11

establish Service Bureau offices, including suboffices12

and satellite offices, in appropriate municipalities13

and locations in the United States. In the selection14

of sites for the Service Bureau offices, the Under15

Secretary shall consider the location’s proximity and16

accessibility to the community served, the workload17

for which that office shall be responsible, whether18

the location would significantly reduce the backlog of19

cases in that given geographic area, whether the lo-20

cation will improve customer service, and whether21

the location is in a geographic area with an increase22

in the population to be served. The Under Secretary23

shall conduct periodic reviews to assess whether the24

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S.L.C.

location and size of the respective Service Bureau of-1

fices adequately serve customer service needs.2

(2) TRANSITION PROVISION.—In determining3

the location of Service Bureau offices, including sub-4

offices and satellite offices, the Under Secretary5

shall first consider maintaining and upgrading of-6

fices in existing geographic locations that satisfy the7

provisions of paragraph (1). The Under Secretary8

shall also explore the feasibility and desirability of9

establishing new Service Bureau offices, including10

suboffices and satellite offices, in new geographic lo-11

cations where there is a demonstrated need.12

SEC. 1105. BUREAU OF ENFORCEMENT.13



amended by sections 1103 and 1104, is further amended16

by adding at the end the following:17

‘‘SEC. 114. BUREAU OF ENFORCEMENT.18

‘‘(a) ESTABLISHMENT OF BUREAU.—19

‘‘(1) IN GENERAL.—There is established within20

the Directorate a bureau to be known as the Bureau21

of Enforcement (in this chapter referred to as the22

‘Enforcement Bureau’).23

‘‘(2) ASSISTANT SECRETARY.—The head of the24

Enforcement Bureau shall be the Assistant Sec-25

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S.L.C.

retary for Enforcement (in this chapter referred to1

as the ‘Assistant Secretary for Immigration Enforce-2

ment’), who—3

‘‘(A) shall be appointed by the Secretary of4

Homeland Security, in consultation with the5

Under Secretary; and6

‘‘(B) shall report directly to the Under7

Secretary.8

‘‘(b) RESPONSIBILITIES OF THE ASSISTANT SEC-9

RETARY.—10

‘‘(1) IN GENERAL.—Subject to the authority of11

the Secretary and the Under Secretary, the Assist-12

ant Secretary for Immigration Enforcement shall13

administer the immigration enforcement functions of14

the Directorate.15

‘‘(2) IMMIGRATION ENFORCEMENT FUNCTIONS16

DEFINED.—In this chapter, the term ‘immigration17

enforcement functions’ means the following functions18

under the immigration laws of the United States:19

‘‘(A) The detention function, except as20

specified in section 113(b)(2)(F).21

‘‘(B) The removal function.22

‘‘(C) The intelligence function.23

‘‘(D) The investigations function.24

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‘‘(c) CHIEF BUDGET OFFICER OF THE ENFORCE-1

MENT BUREAU.—There shall be within the Enforcement2

Bureau a Chief Budget Officer. Under the authority of3

the Chief Financial Officer of the Directorate, the Chief4

Budget Officer of the Enforcement Bureau shall be re-5

sponsible for monitoring and supervising all financial ac-6

tivities of the Enforcement Bureau.7

‘‘(d) OFFICE OF PROFESSIONAL RESPONSIBILITY.—8

There shall be within the Enforcement Bureau an Office9

of Professional Responsibility that shall have the responsi-10

bility for ensuring the professionalism of the Enforcement11

Bureau and receiving charges of misconduct or ill treat-12

ment made by the public and investigating the charges.13

‘‘(e) OFFICE OF QUALITY ASSURANCE.—There shall14

be within the Enforcement Bureau an Office of Quality15

Assurance that shall develop procedures and conduct au-16

dits to—17

‘‘(1) ensure that the Directorate’s policies with18

respect to immigration enforcement functions are19

properly implemented; and20

‘‘(2) ensure that Enforcement Bureau policies21

or practices result in sound record management and22

efficient and accurate recordkeeping.23

‘‘(f) TRAINING OF PERSONNEL.—The Assistant Sec-24

retary for Immigration Enforcement, in consultation with25

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the Under Secretary, shall have responsibility for deter-1

mining the training for all personnel of the Enforcement2

Bureau.’’.3

(b) ENFORCEMENT BUREAU OFFICES.—4

(1) IN GENERAL.—Under the direction of the5

Secretary, the Under Secretary, acting through the6

Assistant Secretary for Immigration Enforcement,7

shall establish Enforcement Bureau offices, includ-8

ing suboffices and satellite offices, in appropriate9

municipalities and locations in the United States. In10

the selection of sites for the Enforcement Bureau of-11

fices, the Under Secretary shall make selections ac-12

cording to trends in unlawful entry and unlawful13

presence, alien smuggling, national security con-14

cerns, the number of Federal prosecutions of immi-15

gration-related offenses in a given geographic area,16

and other enforcement considerations. The Under17

Secretary shall conduct periodic reviews to assess18

whether the location and size of the respective En-19

forcement Bureau offices adequately serve enforce-20

ment needs.21

(2) TRANSITION PROVISION.—In determining22

the location of Enforcement Bureau offices, includ-23

ing suboffices and satellite offices, the Under Sec-24

retary shall first consider maintaining and upgrad-25

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ing offices in existing geographic locations that sat-1

isfy the provisions of paragraph (1). The Under Sec-2

retary shall also explore the feasibility and desir-3

ability of establishing new Enforcement Bureau of-4

fices, including suboffices and satellite offices, in5

new geographic locations where there is a dem-6

onstrated need.7

SEC. 1106. OFFICE OF THE OMBUDSMAN WITHIN THE DI-8

RECTORATE.9



amended by sections 1103, 1104, and 1105, is further12

amended by adding at the end the following:13

‘‘SEC. 115. OFFICE OF THE OMBUDSMAN FOR IMMIGRATION14

AFFAIRS.15

‘‘(a) IN GENERAL.—There is established within the16

Directorate the Office of the Ombudsman for Immigration17

Affairs, which shall be headed by the Ombudsman.18

‘‘(b) OMBUDSMAN.—19

‘‘(1) APPOINTMENT.—The Ombudsman shall be20

appointed by the Secretary of Homeland Security, in21

consultation with the Under Secretary. The Om-22

budsman shall report directly to the Under Sec-23

retary.24

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‘‘(2) COMPENSATION.—The Ombudsman shall1

be entitled to compensation at the same rate as the2

highest rate of basic pay established for the Senior3

Executive Service under section 5382 of title 5,4

United States Code, or, if the Secretary of Home-5

land Security so determines, at a rate fixed under6

section 9503 of such title.7

‘‘(c) FUNCTIONS OF OFFICE.—The functions of the8

Office of the Ombudsman for Immigration Affairs shall9

include—10

‘‘(1) to assist individuals in resolving problems11

with the Directorate or any component thereof;12

‘‘(2) to identify systemic problems encountered13

by the public in dealings with the Directorate or any14

component thereof;15

‘‘(3) to propose changes in the administrative16

practices or regulations of the Directorate, or any17

component thereof, to mitigate problems identified18

under paragraph (2);19

‘‘(4) to identify potential changes in statutory20

law that may be required to mitigate such problems;21

and22

‘‘(5) to monitor the coverage and geographic23

distribution of local offices of the Directorate.24

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‘‘(d) PERSONNEL ACTIONS.—The Ombudsman shall1

have the responsibility and authority to appoint local or2

regional representatives of the Ombudsman’s Office as in3

the Ombudsman’s judgment may be necessary to address4

and rectify problems.5

‘‘(e) ANNUAL REPORT.—Not later than December 316

of each year, the Ombudsman shall submit a report to the7

Committee on the Judiciary of the House of Representa-8

tives and the Committee on the Judiciary of the Senate9

on the activities of the Ombudsman during the fiscal year10

ending in that calendar year. Each report shall contain11

a full and substantive analysis, in addition to statistical12

information, and shall contain—13

‘‘(1) a description of the initiatives that the Of-14

fice of the Ombudsman has taken on improving the15

responsiveness of the Directorate;16

‘‘(2) a summary of serious or systemic problems17

encountered by the public, including a description of18

the nature of such problems;19

‘‘(3) an accounting of the items described in20

paragraphs (1) and (2) for which action has been21

taken, and the result of such action;22


paragraphs (1) and (2) for which action remains to24

be completed;25

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paragraphs (1) and (2) for which no action has been2

taken, the reasons for the inaction, and identify any3

Agency official who is responsible for such inaction;4

‘‘(6) recommendations as may be appropriate to5

resolve problems encountered by the public;6

‘‘(7) recommendations as may be appropriate to7

resolve problems encountered by the public, includ-8

ing problems created by backlogs in the adjudication9

and processing of petitions and applications;10

‘‘(8) recommendations to resolve problems11

caused by inadequate funding or staffing; and12

‘‘(9) such other information as the Ombudsman13

may deem advisable.14

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—15

‘‘(1) IN GENERAL.—There are authorized to be16

appropriated to the Office of the Ombudsman such17

sums as may be necessary to carry out its functions.18

‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap-19

propriated pursuant to paragraph (1) are authorized20

to remain available until expended.’’.21

SEC. 1107. OFFICE OF IMMIGRATION STATISTICS WITHIN22

THE DIRECTORATE.23



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amended by sections 1103, 1104, and 1105, is further1


‘‘SEC. 116. OFFICE OF IMMIGRATION STATISTICS.3

‘‘(a) ESTABLISHMENT.—There is established within4

the Directorate an Office of Immigration Statistics (in this5

section referred to as the ‘Office’), which shall be headed6

by a Director who shall be appointed by the Secretary of7

Homeland Security, in consultation with the Under Sec-8

retary. The Office shall collect, maintain, compile, analyze,9

publish, and disseminate information and statistics about10

immigration in the United States, including information11

and statistics involving the functions of the Directorate12

and the Executive Office for Immigration Review.13

‘‘(b) RESPONSIBILITIES OF DIRECTOR.—The Direc-14

tor of the Office shall be responsible for the following:15

‘‘(1) STATISTICAL INFORMATION.—Maintenance16

of all immigration statistical information of the Di-17

rectorate of Immigration Affairs.18

‘‘(2) STANDARDS OF RELIABILITY AND VALID-19

ITY.—Establishment of standards of reliability and20

validity for immigration statistics collected by the21

Bureau of Immigration Services, the Bureau of En-22

forcement, and the Executive Office for Immigration23

Review.24

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‘‘(c) RELATION TO THE DIRECTORATE OF IMMIGRA-1

TION AFFAIRS AND THE EXECUTIVE OFFICE FOR IMMI-2

GRATION REVIEW.—3

‘‘(1) OTHER AUTHORITIES.—The Directorate4

and the Executive Office for Immigration Review5

shall provide statistical information to the Office6

from the operational data systems controlled by the7

Directorate and the Executive Office for Immigra-8

tion Review, respectively, as requested by the Office,9

for the purpose of meeting the responsibilities of the10

Director of the Office.11

‘‘(2) DATABASES.—The Director of the Office,12

under the direction of the Secretary, shall ensure the13

interoperability of the databases of the Directorate,14

the Bureau of Immigration Services, the Bureau of15

Enforcement, and the Executive Office for Immigra-16

tion Review to permit the Director of the Office to17

perform the duties of such office.’’.18

(b) TRANSFER OF FUNCTIONS.—There are trans-19

ferred to the Directorate of Immigration Affairs for exer-20

cise by the Under Secretary through the Office of Immi-21

gration Statistics established by section 116 of the Immi-22

gration and Nationality Act, as added by subsection (a),23

the functions performed by the Statistics Branch of the24

Office of Policy and Planning of the Immigration and Nat-25

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uralization Service, and the statistical functions performed1

by the Executive Office for Immigration Review, on the2

day before the effective date of this title.3

SEC. 1108. CLERICAL AMENDMENTS.4

The table of contents of the Immigration and Nation-5

ality Act is amended—6

(1) by inserting after the item relating to the7

heading for title I the following:8

‘‘CHAPTER 1—DEFINITIONS AND GENERAL AUTHORITIES’’;

(2) by striking the item relating to section 1039

and inserting the following:10

‘‘Sec. 103. Powers and duties of the Secretary of Homeland Security and the

Under Secretary of Homeland Security for Immigration Af-

fairs.’’;

and11

(3) by inserting after the item relating to sec-12

tion 106 the following:13

‘‘CHAPTER 2—DIRECTORATE OF IMMIGRATION AFFAIRS

‘‘Sec. 111. Establishment of Directorate of Immigration Affairs.

‘‘Sec. 112. Under Secretary of Homeland Security for Immigration Affairs.

‘‘Sec. 113. Bureau of Immigration Services.

‘‘Sec. 114. Bureau of Enforcement.

‘‘Sec. 115. Office of the Ombudsman for Immigration Affairs.

‘‘Sec. 116. Office of Immigration Statistics.’’.

Subtitle B—Transition Provisions14

SEC. 1111. TRANSFER OF FUNCTIONS.15


(1) FUNCTIONS OF THE ATTORNEY GEN-17

ERAL.—Except as provided in subsection (c) and18

title XIII, all functions under the immigration laws19

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of the United States vested by statute in, or exer-1

cised by, the Attorney General, immediately prior to2

the effective date of this title, are transferred to the3

Secretary on such effective date for exercise by the4

Secretary through the Under Secretary in accord-5

ance with section 112(b) of the Immigration and6

Nationality Act, as added by section 1103 of this7

Act.8

(2) FUNCTIONS OF THE COMMISSIONER OR THE9

INS.—Except as provided in subsection (c), all func-10

tions under the immigration laws of the United11

States vested by statute in, or exercised by, the12

Commissioner of Immigration and Naturalization or13

the Immigration and Naturalization Service (or any14

officer, employee, or component thereof), imme-15

diately prior to the effective date of this title, are16

transferred to the Directorate of Immigration Af-17

fairs on such effective date for exercise by the Under18

Secretary in accordance with section 112(b) of the19

Immigration and Nationality Act, as added by sec-20

tion 1103 of this Act.21

(b) EXERCISE OF AUTHORITIES.—Except as other-22

wise provided by law, the Under Secretary may, for pur-23

poses of performing any function transferred to the Direc-24

torate of Immigration Affairs under subsection (a), exer-25

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cise all authorities under any other provision of law that1

were available with respect to the performance of that2

function to the official responsible for the performance of3

the function immediately before the effective date of the4

transfer of the function under this title.5

(c) SPECIAL RULE FOR BORDER PATROL AND IN-6

SPECTION FUNCTIONS.—7

(1) IN GENERAL.—Notwithstanding subsections8

(a) and (b), the border patrol function, and primary9

and secondary immigration inspection functions,10

vested by statute in, or exercised by, the Attorney11

General, the Commissioner of Immigration and Nat-12

uralization, or the Immigration and Naturalization13

Service (or any officer, employee, or component14

thereof), immediately prior to the effective date of15

this title, are transferred to the Secretary on such16

effective date for exercise by the Under Secretary for17

Border and Transportation in accordance with para-18

graphs (7) and (8) of section 131(b).19

(2) REFERENCES.—With respect to the border20

patrol function and primary and secondary immigra-21

tion inspection functions, references in this subtitle22

to—23

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(A) the Directorate shall be deemed to be1

references to the Directorate of Border and2

Transportation Security; and3

(B) the Under Secretary shall be deemed4

to be references to the Under Secretary for5

Border and Transportation Security.6

SEC. 1112. TRANSFER OF PERSONNEL AND OTHER RE-7

SOURCES.8

Subject to section 1531 of title 31, United States9

Code, upon the effective date of this title, there are trans-10

ferred to the appropriate Under Secretary for appropriate11

allocation in accordance with section 1115—12

(1) the personnel of the Department of Justice13

employed in connection with the functions trans-14

ferred under this title; and15

(2) the assets, liabilities, contracts, property,16

records, and unexpended balance of appropriations,17

authorizations, allocations, and other funds em-18

ployed, held, used, arising from, available to, or to19

be made available to the Immigration and Natu-20

ralization Service in connection with the functions21

transferred pursuant to this title.22

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SEC. 1113. DETERMINATIONS WITH RESPECT TO FUNC-1

TIONS AND RESOURCES.2

The Secretary shall determine, in accordance with the3

corresponding criteria set forth in sections 1112(b),4

1113(b), and 1114(b) of the Immigration and Nationality5

Act (as added by this title)—6

(1) which of the functions transferred under7

section 1111 are—8

(A) immigration policy and administration9

functions;10

(B) immigration service functions;11

(C) immigration enforcement functions12

(excluding the border patrol function and pri-13

mary and secondary immigration inspection14

functions); and15

(D) the border patrol function and primary16

and secondary immigration inspection func-17

tions; and18

(2) which of the personnel, assets, liabilities,19

grants, contracts, property, records, and unexpended20

balances of appropriations, authorizations, alloca-21

tions, and other funds transferred under section22

1112 were held or used, arose from, were available23

to, or were made available, in connection with the24

performance of the respective functions specified in25

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paragraph (1) immediately prior to the effective date1

of this title.2

SEC. 1114. DELEGATION AND RESERVATION OF FUNC-3

TIONS.4

(a) DELEGATION TO THE DIRECTORATES.—The Sec-5

retary shall delegate—6

(1) through the Under Secretary and subject to7

section 112(b)(1) of the Immigration and Nation-8

ality Act (as added by section 1103)—9

(A) immigration service functions to the10

Assistant Secretary for Immigration Services;11

and12

(B) immigration enforcement functions to13

the Assistant Secretary for Immigration En-14

forcement; and15

(2) the border patrol function and primary and16

secondary immigration inspection functions to the17

Under Secretary for Border and Transportation Se-18

curity.19

(b) NONEXCLUSIVE DELEGATIONS AUTHORIZED.—20

Delegations made under subsection (a) may be made on21

a nonexclusive basis as the Secretary may determine may22

be necessary to ensure the faithful execution of the Sec-23

retary’s responsibilities and duties under law.24

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(c) EFFECT OF DELEGATIONS.—Except as otherwise1

expressly prohibited by law or otherwise provided in this2

title, the Secretary may make delegations under this sub-3

section to such officers and employees of the office of the4

Under Secretary for Immigration Affairs, and the Under5

Secretary for Border and Transportation Security, respec-6

tively, as the Secretary may designate, and may authorize7

successive redelegations of such functions as may be nec-8

essary or appropriate. No delegation of functions under9

this subsection or under any other provision of this title10

shall relieve the official to whom a function is transferred11

under this title of responsibility for the administration of12

the function.13

(d) STATUTORY CONSTRUCTION.—Nothing in this di-14

vision may be construed to limit the authority of the15

Under Secretary, acting directly or by delegation under16

the Secretary, to establish such offices or positions within17

the Directorate of Immigration Affairs, in addition to18

those specified by this division, as the Under Secretary19

may determine to be necessary to carry out the functions20

of the Directorate.21

SEC. 1115. ALLOCATION OF PERSONNEL AND OTHER RE-22

SOURCES.23

(a) AUTHORITY OF THE UNDER SECRETARY.—24

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(1) IN GENERAL.—Subject to paragraph (2)1

and section 1114(b), the Under Secretary shall2

make allocations of personnel, assets, liabilities,3

grants, contracts, property, records, and unexpended4

balances of appropriations, authorizations, alloca-5

tions, and other funds held, used, arising from,6

available to, or to be made available in connection7

with the performance of the respective functions, as8

determined under section 1113, in accordance with9

the delegation of functions and the reservation of10

functions made under section 1114.11

(2) LIMITATION.—Unexpended funds trans-12

ferred pursuant to section 1112 shall be used only13

for the purposes for which the funds were originally14

authorized and appropriated.15

(b) AUTHORITY TO TERMINATE AFFAIRS OF INS.—16

The Attorney General in consultation with the Secretary,17

shall provide for the termination of the affairs of the Im-18

migration and Naturalization Service and such further19

measures and dispositions as may be necessary to effec-20

tuate the purposes of this division.21

(c) TREATMENT OF SHARED RESOURCES.—The22

Under Secretary is authorized to provide for an appro-23

priate allocation, or coordination, or both, of resources in-24

volved in supporting shared support functions for the of-25

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fice of the Under Secretary, the Service Bureau, and the1

Enforcement Bureau. The Under Secretary shall maintain2

oversight and control over the shared computer databases3

and systems and records management.4

SEC. 1116. SAVINGS PROVISIONS.5

(a) LEGAL DOCUMENTS.—All orders, determinations,6

rules, regulations, permits, grants, loans, contracts, rec-7

ognition of labor organizations, agreements, including col-8

lective bargaining agreements, certificates, licenses, and9

privileges—10

(1) that have been issued, made, granted, or al-11

lowed to become effective by the President, the At-12

torney General, the Commissioner of the Immigra-13

tion and Naturalization Service, their delegates, or14

any other Government official, or by a court of com-15

petent jurisdiction, in the performance of any func-16

tion that is transferred under this title; and17

(2) that are in effect on the effective date of18

such transfer (or become effective after such date19

pursuant to their terms as in effect on such effective20

date);21

shall continue in effect according to their terms until22

modified, terminated, superseded, set aside, or revoked in23

accordance with law by the President, any other author-24

ized official, a court of competent jurisdiction, or operation25

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of law, except that any collective bargaining agreement1

shall remain in effect until the date of termination speci-2

fied in the agreement.3

(b) PROCEEDINGS.—4

(1) PENDING.—Sections 111 through 116 of5

the Immigration and Nationality Act, as added by6

subtitle A of this title, shall not affect any pro-7

ceeding or any application for any benefit, service, li-8

cense, permit, certificate, or financial assistance9

pending on the effective date of this title before an10

office whose functions are transferred under this11

title, but such proceedings and applications shall be12

continued.13

(2) ORDERS.—Orders shall be issued in such14

proceedings, appeals shall be taken therefrom, and15

payments shall be made pursuant to such orders, as16

if this Act had not been enacted, and orders issued17

in any such proceeding shall continue in effect until18

modified, terminated, superseded, or revoked by a19

duly authorized official, by a court of competent ju-20

risdiction, or by operation of law.21

(3) DISCONTINUANCE OR MODIFICATION.—22

Nothing in this section shall be considered to pro-23

hibit the discontinuance or modification of any such24

proceeding under the same terms and conditions and25

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to the same extent that such proceeding could have1

been discontinued or modified if this section had not2

been enacted.3

(c) SUITS.—This title, and the amendments made by4

this title, shall not affect suits commenced before the ef-5

fective date of this title, and in all such suits, proceeding6

shall be had, appeals taken, and judgments rendered in7

the same manner and with the same effect as if this title,8

and the amendments made by this title, had not been en-9

acted.10

(d) NONABATEMENT OF ACTIONS.—No suit, action,11

or other proceeding commenced by or against the Depart-12

ment of Justice or the Immigration and Naturalization13

Service, or by or against any individual in the official ca-14

pacity of such individual as an officer or employee in con-15

nection with a function transferred pursuant to this sec-16

tion, shall abate by reason of the enactment of this Act.17

(e) CONTINUANCE OF SUIT WITH SUBSTITUTION OF18

PARTIES.—If any Government officer in the official capac-19

ity of such officer is party to a suit with respect to a func-20

tion of the officer, and such function is transferred under21

this title to any other officer or office, then such suit shall22

be continued with the other officer or the head of such23

other office, as applicable, substituted or added as a party.24

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(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-1

VIEW.—Except as otherwise provided by this title, any2

statutory requirements relating to notice, hearings, action3

upon the record, or administrative or judicial review that4

apply to any function transferred under this title shall5

apply to the exercise of such function by the head of the6

office, and other officers of the office, to which such func-7

tion is transferred.8

SEC. 1117. INTERIM SERVICE OF THE COMMISSIONER OF9

IMMIGRATION AND NATURALIZATION.10

The individual serving as the Commissioner of Immi-11

gration and Naturalization on the day before the effective12

date of this title may serve as Under Secretary until the13

date on which an Under Secretary is appointed under sec-14

tion 112 of the Immigration and Nationality Act, as added15

by section 1103.16

SEC. 1118. OTHER AUTHORITIES NOT AFFECTED.17

Nothing in this title, or any amendment made by this18

title, may be construed to authorize or require the transfer19

or delegation of any function vested in, or exercised by—20

(1) the Secretary of State under the State De-21

partment Basic Authorities Act of 1956, or under22

the immigration laws of the United States, imme-23

diately prior to the effective date of this title, with24

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respect to the issuance and use of passports and1

visas;2

(2) the Secretary of Labor or any official of the3

Department of Labor immediately prior to the effec-4

tive date of this title, with respect to labor certifi-5

cations or any other authority under the immigra-6

tion laws of the United States; or7

(3) except as otherwise specifically provided in8

this division, any other official of the Federal Gov-9

ernment under the immigration laws of the United10

States immediately prior to the effective date of this11

title.12

SEC. 1119. TRANSITION FUNDING.13

(a) AUTHORIZATION OF APPROPRIATIONS FOR TRAN-14

SITION.—15

(1) IN GENERAL.—There are authorized to be16

appropriated to the Department of Homeland Secu-17

rity such sums as may be necessary—18

(A) to effect—19

(i) the abolition of the Immigration20

and Naturalization Service;21

(ii) the establishment of the Direc-22

torate of Immigration Affairs and its com-23

ponents, the Bureau of Immigration Serv-24

ices, and the Bureau of Enforcement (ex-25

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S.L.C.

cept for the border patrol function and pri-1

mary and secondary immigration inspec-2

tion functions);3

(iii) the transfer to the Directorate of4

Border and Transportation Protection of5

the border patrol function and primary and6

secondary immigration inspection func-7

tions; and8

(iv) the transfer of such other func-9

tions as are required to be made under this10

division; and11

(B) to carry out any other duty that is12

made necessary by this division, or any amend-13

ment made by this division.14

(2) ACTIVITIES SUPPORTED.—Activities sup-15

ported under paragraph (1) include—16

(A) planning for the transfer of functions17

from the Immigration and Naturalization Serv-18

ice to the Directorate of Immigration Affairs19

and the Directorate of Border and Transpor-20

tation Security, as appropriate, including the21

preparation of any reports and implementation22

plans necessary for such transfer;23

(B) the division, acquisition, and disposi-24

tion of—25

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(i) buildings and facilities;1

(ii) support and infrastructure re-2

sources; and3

(iii) computer hardware, software, and4

related documentation;5

(C) other capital expenditures necessary to6

effect the transfer of functions described in this7

paragraph;8

(D) revision of forms, stationery, logos,9

and signage;10

(E) expenses incurred in connection with11

the transfer and training of existing personnel12

and hiring of new personnel; and13

(F) such other expenses necessary to effect14

the transfers, as determined by the Secretary.15

(b) AVAILABILITY OF FUNDS.—Amounts appro-16

priated pursuant to subsection (a) are authorized to re-17

main available until expended.18

(c) TRANSITION ACCOUNT.—19

(1) ESTABLISHMENT.—There is established in20

the general fund of the Treasury of the United21

States a separate account, which shall be known as22

the ‘‘Directorate of Immigration Affairs Transition23

Account’’ (in this section referred to as the ‘‘Ac-24

count’’).25

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(2) USE OF ACCOUNT.—There shall be depos-1

ited into the Account all amounts appropriated2

under subsection (a) and amounts reprogrammed for3

the purposes described in subsection (a).4

(d) REPORT TO CONGRESS ON TRANSITION.—Begin-5

ning not later than 90 days after the effective date of divi-6

sion A of this Act, and at the end of each fiscal year in7

which appropriations are made pursuant to subsection (c),8

the Secretary of Homeland Security shall submit a report9

to Congress concerning the availability of funds to cover10

transition costs, including—11

(1) any unobligated balances available for such12

purposes; and13

(2) a calculation of the amount of appropria-14

tions that would be necessary to fully fund the ac-15

tivities described in subsection (a).16

(e) EFFECTIVE DATE.—This section shall take effect17

1 year after the effective date of division A of this Act.18

Subtitle C—Miscellaneous19

Provisions20

SEC. 1121. FUNDING ADJUDICATION AND NATURALIZATION21

SERVICES.22

(a) LEVEL OF FEES.—Section 286(m) of the Immi-23

gration and Nationality Act (8 U.S.C. 1356(m)) is amend-24

ed by striking ‘‘services, including the costs of similar25

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services provided without charge to asylum applicants or1

other immigrants’’ and inserting ‘‘services’’.2

(b) USE OF FEES.—3

(1) IN GENERAL.—Each fee collected for the4

provision of an adjudication or naturalization service5

shall be used only to fund adjudication or natu-6

ralization services or, subject to the availability of7

funds provided pursuant to subsection (c), costs of8

similar services provided without charge to asylum9

and refugee applicants.10

(2) PROHIBITION.—No fee may be used to fund11

adjudication- or naturalization-related audits that12

are not regularly conducted in the normal course of13

operation.14

(c) REFUGEE AND ASYLUM ADJUDICATION SERV-15

ICES.—16

(1) AUTHORIZATION OF APPROPRIATIONS.—In17

addition to such sums as may be otherwise available18

for such purposes, there are authorized to be appro-19

priated such sums as may be necessary to carry out20

the provisions of sections 207 through 209 of the21

Immigration and Nationality Act.22

(2) AVAILABILITY OF FUNDS.—Funds appro-23

priated pursuant to paragraph (1) are authorized to24

remain available until expended.25

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(d) SEPARATION OF FUNDING.—1

(1) IN GENERAL.—There shall be established2

separate accounts in the Treasury of the United3

States for appropriated funds and other collections4

available for the Bureau of Immigration Services5

and the Bureau of Enforcement.6

(2) FEES.—Fees imposed for a particular serv-7

ice, application, or benefit shall be deposited into the8

account established under paragraph (1) that is for9

the bureau with jurisdiction over the function to10

which the fee relates.11

(3) FEES NOT TRANSFERABLE.—No fee may be12

transferred between the Bureau of Immigration13

Services and the Bureau of Enforcement for pur-14

poses not authorized by section 286 of the Immigra-15

tion and Nationality Act, as amended by subsection16

(a).17

(e) AUTHORIZATION OF APPROPRIATIONS FOR BACK-18

LOG REDUCTION.—19

(1) IN GENERAL.—There are authorized to be20

appropriated such sums as may be necessary for21

each of the fiscal years 2003 through 2006 to carry22

out the Immigration Services and Infrastructure Im-23

provement Act of 2000 (title II of Public Law 106–24

313).25

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(2) AVAILABILITY OF FUNDS.—Amounts appro-1

priated under paragraph (1) are authorized to re-2

main available until expended.3

(3) INFRASTRUCTURE IMPROVEMENT AC-4

COUNT.—Amounts appropriated under paragraph5

(1) shall be deposited into the Immigration Services6

and Infrastructure Improvements Account estab-7

lished by section 204(a)(2) of title II of Public Law8

106–313.9

SEC. 1122. APPLICATION OF INTERNET-BASED TECH-10

NOLOGIES.11

(a) ESTABLISHMENT OF ON-LINE DATABASE.—12

(1) IN GENERAL.—Not later than 2 years after13

the effective date of division A, the Secretary, in14

consultation with the Under Secretary and the Tech-15

nology Advisory Committee, shall establish an Inter-16

net-based system that will permit an immigrant,17

nonimmigrant, employer, or other person who files18

any application, petition, or other request for any19

benefit under the immigration laws of the United20

States access to on-line information about the proc-21

essing status of the application, petition, or other re-22

quest.23

(2) PRIVACY CONSIDERATIONS.—The Under24

Secretary shall consider all applicable privacy issues25

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in the establishment of the Internet system de-1

scribed in paragraph (1). No personally identifying2

information shall be accessible to unauthorized per-3

sons.4

(3) MEANS OF ACCESS.—The on-line informa-5

tion under the Internet system described in para-6

graph (1) shall be accessible to the persons described7

in paragraph (1) through a personal identification8

number (PIN) or other personalized password.9

(4) PROHIBITION ON FEES.—The Under Sec-10

retary shall not charge any immigrant, non-11

immigrant, employer, or other person described in12

paragraph (1) a fee for access to the information in13

the database that pertains to that person.14

(b) FEASIBILITY STUDY FOR ON-LINE FILING AND15

IMPROVED PROCESSING.—16

(1) ON-LINE FILING.—17

(A) IN GENERAL.—The Under Secretary,18

in consultation with the Technology Advisory19

Committee, shall conduct a study to determine20

the feasibility of on-line filing of the documents21

described in subsection (a).22

(B) STUDY ELEMENTS.—The study23

shall—24

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(i) include a review of computerization1

and technology of the Immigration and2

Naturalization Service (or successor agen-3

cy) relating to immigration services and4

the processing of such documents;5

(ii) include an estimate of the time-6

frame and costs of implementing on-line7

filing of such documents; and8

(iii) consider other factors in imple-9

menting such a filing system, including the10

feasibility of the payment of fees on-line.11

(2) REPORT.—Not later than 2 years after the12

effective date of division A, the Under Secretary13

shall submit to the Committees on the Judiciary of14

the Senate and the House of Representatives a re-15

port on the findings of the study conducted under16

this subsection.17

(c) TECHNOLOGY ADVISORY COMMITTEE.—18

(1) ESTABLISHMENT.—Not later than 1 year19

after the effective date of division A, the Under Sec-20

retary shall establish, after consultation with the21

Committees on the Judiciary of the Senate and the22

House of Representatives, an advisory committee (in23

this section referred to as the ‘‘Technology Advisory24

Committee’’) to assist the Under Secretary in—25

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(A) establishing the tracking system under1

subsection (a); and2

(B) conducting the study under subsection3

(b).4

(2) COMPOSITION.—The Technology Advisory5

Committee shall be composed of—6

(A) experts from the public and private7

sector capable of establishing and implementing8

the system in an expeditious manner; and9

(B) representatives of persons or entities10

who may use the tracking system described in11

subsection (a) and the on-line filing system de-12

scribed in subsection (b)(1).13

SEC. 1123. ALTERNATIVES TO DETENTION OF ASYLUM14

SEEKERS.15

(a) ASSIGNMENTS OF ASYLUM OFFICERS.—The16

Under Secretary shall assign asylum officers to major17

ports of entry in the United States to assist in the inspec-18

tion of asylum seekers. For other ports of entry, the Under19

Secretary shall take steps to ensure that asylum officers20

participate in the inspections process.21

(b) AMENDMENT OF THE IMMIGRATION AND NA-22

TIONALITY ACT.—Chapter 4 of title II of the Immigration23

and Nationality Act (8 U.S.C. 1221 et seq.) is amended24

by inserting after section 236A the following new section:25

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‘‘SEC. 236B. ALTERNATIVES TO DETENTION OF ASYLUM1

SEEKERS.2

‘‘(a) DEVELOPMENT OF ALTERNATIVES TO DETEN-3

TION.—The Under Secretary shall—4

‘‘(1) authorize and promote the utilization of al-5

ternatives to the detention of asylum seekers who do6

not have nonpolitical criminal records; and7

‘‘(2) establish conditions for the detention of8

asylum seekers that ensure a safe and humane envi-9

ronment.10

‘‘(b) SPECIFIC ALTERNATIVES FOR CONSIDER-11

ATION.—The Under Secretary shall consider the following12

specific alternatives to the detention of asylum seekers de-13

scribed in subsection (a):14

‘‘(1) Parole from detention.15

‘‘(2) For individuals not otherwise qualified for16

parole under paragraph (1), parole with appearance17

assistance provided by private nonprofit voluntary18

agencies with expertise in the legal and social needs19

of asylum seekers.20

‘‘(3) For individuals not otherwise qualified for21

parole under paragraph (1) or (2), non-secure shel-22

ter care or group homes operated by private non-23

profit voluntary agencies with expertise in the legal24

and social needs of asylum seekers.25

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‘‘(4) Noninstitutional settings for minors such1

as foster care or group homes operated by private2

nonprofit voluntary agencies with expertise in the3

legal and social needs of asylum seekers.4

‘‘(c) REGULATIONS.—The Under Secretary shall pro-5

mulgate such regulations as may be necessary to carry out6

this section.7

‘‘(d) DEFINITION.—In this section, the term ‘asylum8

seeker’ means any applicant for asylum under section 2089

or any alien who indicates an intention to apply for asylum10

under that section.’’.11

(b) CLERICAL AMENDMENT.—The table of contents12

of the Immigration and Nationality Act is amended by in-13

serting after the item relating to section 236A the fol-14

lowing new item:15

‘‘Sec. 236B. Alternatives to detention of asylum seekers.’’.

Subtitle D—Effective Date16


This title, and the amendments made by this title,18

shall take effect one year after the effective date of divi-19

sion A of this Act.20

TITLE XII—UNACCOMPANIED21

ALIEN JUVENILE PROTECTION22

SEC. 1201. UNACCOMPANIED ALIEN JUVENILES.23

(a) CUSTODY DETERMINATIONS.—24


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(A) INITIAL CUSTODY AND CARE.—The1

custody and care of an unaccompanied alien ju-2

venile shall be the responsibility of the Under3

Secretary of Immigration Affairs in the Depart-4

ment of Homeland Security or the Under Sec-5

retary of Border and Transportation Security,6

as determined under guidelines to be promul-7

gated by the Secretary.8

(B) TRANSFER OF CUSTODY AND CARE.—9

Unless the juvenile is described in subsection10

(b), the Department of Homeland Security shall11

transfer custody and care of that juvenile to the12

Office of Refugee Resettlement of the Depart-13

ment of Health and Human Services.14

(2) EXCEPTION.—Notwithstanding paragraph15

(1), the Directorate of Immigration Affairs shall re-16

tain or assume the custody and care of an unaccom-17

panied alien juvenile—18

(A) who has been charged with a felony;19

(B) who has been convicted of a felony;20

(C) who exhibits a violent or criminal be-21

havior that endangers others; or22

(D) with respect to whom the Secretary of23

Homeland Security has a substantial evidence24

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S.L.C.

to conclude that such juvenile endangers the1

national security of the United States.2

(b) FUNCTIONS.—3

(1) IN GENERAL.—Pursuant to subsection4

(a)(2), the Director of the Office of Refugee Reset-5

tlement shall be responsible for—6

(A) coordinating and implementing the7

custody and care of unaccompanied alien juve-8

niles who are in Federal custody by reason of9

their immigration status, including developing a10

plan to be submitted to the Congress on how to11

ensure that qualified and independent legal12

counsel is timely appointed to represent the in-13

terests of each such juvenile, consistent with the14

law regarding appointment of counsel that is in15

effect on the date of the enactment of this Act;16

(B) ensuring that the interests of the juve-17

nile are considered in decisions and actions re-18

lating to the custody and care of an unaccom-19

panied alien juvenile;20

(C) making placement determinations for21

all unaccompanied alien juveniles who are in22

Federal custody by reason of their immigration23

status;24

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S.L.C.

(D) implementing placement determina-1

tions for such unaccompanied alien juveniles;2

(E) implementing policies with respect to3

the care and placement of unaccompanied alien4

juveniles;5

(F) identifying a sufficient number of6

qualified individuals, entities, and facilities to7

house unaccompanied alien juveniles;8

(G) overseeing the infrastructure and per-9

sonnel of facilities in which unaccompanied10

alien juveniles are housed;11

(H) reuniting unaccompanied alien juve-12

niles with a parent abroad in appropriate cases;13

(I) compiling, updating, and publishing at14

least annually a State-by-State list of profes-15

sionals or other entities qualified to provide16

guardian and attorney representation services17

for unaccompanied alien juveniles;18

(J) maintaining statistical information and19

other data on unaccompanied alien juveniles for20

whose care and placement the Director is re-21

sponsible, which shall include—22

(i) biographical information, such as a23

juvenile’s name, sex, date of birth, country24

of birth, and country of habitual residence;25

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(ii) the date on which the juvenile1

came into Federal custody by reason of his2

or her immigration status;3

(iii) information relating to the juve-4

nile’s placement, removal, or release from5

each facility in which the juvenile has re-6

sided;7

(iv) in any case in which the juvenile8

is placed in detention or released, an expla-9

nation relating to the detention or release;10

and11

(v) the disposition of any actions in12

which the juvenile is the subject;13

(K) collecting and compiling statistical in-14

formation from the Department of Justice, the15

Department of Homeland Security, and the De-16

partment of State on each department’s actions17

relating to unaccompanied alien juveniles; and18

(L) conducting investigations and inspec-19

tions of facilities and other entities in which un-20

accompanied alien juveniles reside.21

(2) COORDINATION WITH OTHER ENTITIES; NO22

RELEASE ON OWN RECOGNIZANCE.—In making de-23

terminations described in paragraph (1)(C), the Di-24

rector of the Office of Refugee Resettlement—25

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S.L.C.

(A) shall consult with appropriate juvenile1

justice professionals, the Director of Immigra-2

tion Affairs of the Department of Homeland3

Security to ensure that the unaccompanied4

alien juveniles with respect to whom the place-5

ment determinations are made—6

(i) are likely to appear for all hearings7

or proceedings in which they are involved;8

(ii) are protected from smugglers,9

traffickers, or others who might seek to10

victimize or otherwise engage them in11

criminal, harmful, or exploitative activity;12

and13

(iii) are placed in a setting in which14

they not likely to pose a danger to them-15

selves or others; and16

(B) shall not release such juveniles upon17

their own recognizance.18

(3) DUTIES WITH RESPECT TO FOSTER CARE.—19

In carrying out the duties described in paragraph20

(1)(G), the Director of the Office of Refugee Reset-21

tlement is encouraged to consider the use of the ref-22

ugee children foster care system established pursu-23

ant to section 412(d) of the Immigration and Na-24

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S.L.C.

tionality Act (8 U.S.C. 1522(d)) for the placement1

of unaccompanied alien juveniles.2

(c) APPROPRIATE CONDITIONS FOR DETENTION OF3

UNACCOMPANIED ALIEN JUVENILES.—4

(1) IN GENERAL.—An unaccompanied alien ju-5

venile described in subsection (a)(2) may be placed6

in a facility appropriate for delinquent juveniles7

under conditions appropriate to the behavior of such8

juvenile.9

(2) RESTRICTION ON DETENTION IN ADULT DE-10

TENTION FACILITIES.—To the maximum extent11

practicable, and consistent with the protection of the12

juvenile and others, an unaccompanied alien juvenile13

shall not be placed in an adult detention facility.14

(d) RULE OF CONSTRUCTION.—Nothing in this sec-15

tion may be construed to transfer the responsibility for16

adjudicating benefit determinations or making enforce-17

ment determinations under the Immigration and Nation-18

ality Act (8 U.S.C. 1101 et seq.) from the authority of19

any official of the Department of Justice, the Department20

of Homeland Security, or the Department of State, as the21

case may be.22

(e) TRANSFER OF FUNCTIONS.—There are trans-23

ferred to the Director of the Office of Refugee Resettle-24

ment of the Department of Health and Human Services25

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S.L.C.

functions under the immigration and nationality laws of1

the United States with respect to the custody and care2

of unaccompanied alien juveniles that were vested by stat-3

ute in, or performed by, the Commissioner of the Immigra-4

tion and Naturalization Service (or any officer, employee,5

or component of the Immigration and Naturalization Serv-6

ice) immediately before the effective date specified in sub-7

section (i).8

(f) OTHER TRANSITION MATTERS.—9

(1) EXERCISE OF AUTHORITIES.—Except as10

otherwise provided by law, a Federal official to11

whom a function is transferred by this section may,12

for purposes of performing the function, exercise all13

authorities under any other provision of law that14

were available with respect to the performance of15

that function to the official responsible for the per-16

formance of the function immediately before the ef-17

fective date specified in subsection (i).18

(2) SAVINGS PROVISIONS.—Subsections (a), (b),19

and (c) of section 812 shall apply to a transfer of20

functions under this section in the same manner as21

such provisions apply to a transfer of functions22

under this Act to the Department of Homeland Se-23

curity.24

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S.L.C.

(3) TRANSFER AND ALLOCATION OF APPRO-1

PRIATIONS.—The assets, liabilities, contracts, prop-2

erty, records, and unexpended balance of appropria-3

tions, authorizations, allocations, and other funds4

employed, held, used, arising from, available to, or5

to be made available to, the Immigration and Natu-6

ralization Service in connection with the functions7

transferred by this section, subject to section 202 of8

the Budget and Accounting Procedures Act of 1950,9

shall be transferred to the Director of the Office of10

Refugee Resettlement for allocation to the appro-11

priate component of the Department of Health and12

Human Services. Unexpended funds transferred pur-13

suant to this paragraph shall be used only for the14

purposes for which the funds were originally author-15

ized and appropriated.16

(g) REFERENCES.—With respect to any function17

transferred by this section, any reference in any other18

Federal law, Executive order, rule, regulation, or delega-19

tion of authority, or any document of or pertaining to a20

component of government from which such function is21

transferred—22

(1) to the head of such component is deemed to23

refer to the Director of the Office of Refugee Reset-24

tlement; or25

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S.L.C.

(2) to such component is deemed to refer to the1

Office of Refugee Resettlement of the Department of2

Health and Human Services.3

(h) DEFINITIONS.—In this section:4

(1) LAWFULLY PRESENT IN THE UNITED5

STATES.—The term ‘‘lawfully present in the United6

States’’ means, with respect to an alien, an alien7

who is—8

(A) an alien who is lawfully admitted for9

permanent residence (as defined in section10

101(a)(20) of the Immigration and Nationality11

Act);12

(B) an alien who is a nonimmigrant alien13

described in section 101(a)(15) of the Immigra-14

tion and Nationality Act;15

(C) an alien who is a special immigrant de-16

scribed in section 101(a)(27) of the Immigra-17

tion and Nationality Act;18

(D) an alien who is granted asylum under19

section 208 of that Act;20

(E) a refugee who is admitted to the21

United States under section 207 of that Act;22

(F) an alien who is paroled into the United23

States under section 212(d)(5) of that Act; or24

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(G) an alien whose deportation is being1

withheld under section 243(h) of the Immigra-2

tion and Nationality Act (as in effect before3

April 1, 1997) or section 241(b)(3) of the Im-4

migration and Nationality Act.5

(2) PLACEMENT.—The term ‘‘placement’’6

means the placement of an unaccompanied alien ju-7

venile in either a detention facility or an alternative8

to such a facility.9

(3) UNACCOMPANIED ALIEN JUVENILE.—The10

term ‘‘unaccompanied alien juvenile’’ means an alien11

who—12

(A) is not lawfully present in the United13

States;14

(B) has not attained 18 years of age; and15

(C) with respect to whom—16

(i) there is no parent or legal guard-17

ian in the United States; or18

(ii) no parent or legal guardian in the19

United States is available to provide care20

and physical custody.21

(i) EFFECTIVE DATE.—Notwithstanding section 4,22

this section shall take effect on the date on which the23

transfer of functions specified under section 411 takes ef-24

fect.25

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TITLE XIII—EXECUTIVE OFFICE1

FOR IMMIGRATION REVIEW2

SEC. 1301. LEGAL STATUS OF EOIR.3

(a) EXISTENCE OF EOIR.—There is in the Depart-4

ment of Justice the Executive Office for Immigration Re-5

view, which shall be subject to the direction and regulation6

of the Attorney General under section 103(g) of the Immi-7

gration and Nationality Act, as added by section 1302.8

SEC. 1302. AUTHORITIES OF THE ATTORNEY GENERAL.9

Section 103 of the Immigration and Nationality Act10

(8 U.S.C. 1103) as amended by this Act, is further11

amended by—12

(1) amending the heading to read as follows:13

‘‘POWERS AND DUTIES OF THE SECRETARY, THE UNDER14

SECRETARY, AND THE ATTORNEY GENERAL’’;15

(2) in subsection (a)—16

(A) by inserting ‘‘Attorney General,’’ after17

‘‘President,’’; and18

(B) by redesignating paragraphs (8), (9),19

(8) (as added by section 372 of Public Law20

104–208), and (9) (as added by section 372 of21

Public Law 104–208) as paragraphs (8), (9),22

(10), and (11), respectively; and23

(3) by adding at the end the following new sub-24

section:25

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S.L.C.

‘‘(g) ATTORNEY GENERAL.—1

‘‘(1) IN GENERAL.—The Attorney General shall2

have such authorities and functions under this Act3

and all other laws relating to the immigration and4

naturalization of aliens as were exercised by the Ex-5

ecutive Office for Immigration Review, or by the At-6

torney General with respect to the Executive Office7

for Immigration Review, on the day before the effec-8

tive date of the Immigration Reform, Accountability9

and Security Enhancement Act of 2002.10

‘‘(2) POWERS.—The Attorney General shall es-11

tablish such regulations, prescribe such forms of12

bond, reports, entries, and other papers, issue such13

instructions, review such administrative determina-14

tions in immigration proceedings, delegate such au-15

thority, and perform such other acts as the Attorney16

General determines to be necessary for carrying out17

this section.’’.18

SEC. 1303. STATUTORY CONSTRUCTION.19

Nothing in this Act, any amendment made by this20

Act, or in section 103 of the Immigration and Nationality21

Act, as amended by section 1302, shall be construed to22

limit judicial deference to regulations, adjudications, inter-23

pretations, orders, decisions, judgments, or any other ac-24

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S.L.C.

tions of the Secretary of Homeland Security or the Attor-1

ney General.2

DIVISION C—FEDERAL3

WORKFORCE IMPROVEMENT4

TITLE XXI—CHIEF HUMAN5

CAPITAL OFFICERS6

SEC. 2101. SHORT TITLE.7

This title may be cited as the ‘‘Chief Human Capital8

Officers Act of 2002’’.9

SEC. 2102. AGENCY CHIEF HUMAN CAPITAL OFFICERS.10

(a) IN GENERAL.—Part II of title 5, United States11

Code, is amended by inserting after chapter 13 the fol-12

lowing:13

‘‘CHAPTER 14—AGENCY CHIEF HUMAN14

CAPITAL OFFICERS15

‘‘Sec.

‘‘1401. Establishment of agency Chief Human Capital Officers.

‘‘1402. Authority and functions of agency Chief Human Capital Officers.

‘‘§ 1401. Establishment of agency Chief Human Cap-16

ital Officers17

‘‘The head of each agency referred to under para-18

graphs (1) and (2) of section 901(b) of title 31 shall ap-19

point or designate a Chief Human Capital Officer, who20

shall—21

‘‘(1) advise and assist the head of the agency22

and other agency officials in carrying out the agen-23

cy’s responsibilities for selecting, developing, train-24

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S.L.C.

ing, and managing a high-quality, productive work-1

force in accordance with merit system principles;2

‘‘(2) implement the rules and regulations of the3

President and the Office of Personnel Management4

and the laws governing the civil service within the5

agency; and6

‘‘(3) carry out such functions as the primary7

duty of the Chief Human Capital Officer.8

‘‘§ 1402. Authority and functions of agency Chief9

Human Capital Officers10

‘‘(a) The functions of each Chief Human Capital Of-11

ficer shall include—12

‘‘(1) setting the workforce development strategy13

of the agency;14

‘‘(2) assessing workforce characteristics and fu-15

ture needs based on the agency’s mission and stra-16

tegic plan;17

‘‘(3) aligning the agency’s human resources18

policies and programs with organization mission,19

strategic goals, and performance outcomes;20

‘‘(4) developing and advocating a culture of21

continuous learning to attract and retain employees22

with superior abilities;23

‘‘(5) identifying best practices and24

benchmarking studies, and25

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S.L.C.

‘‘(6) applying methods for measuring intellec-1

tual capital and identifying links of that capital to2

organizational performance and growth.3

‘‘(b) In addition to the authority otherwise provided4

by this section, each agency Chief Human Capital5

Officer—6

‘‘(1) shall have access to all records, reports,7

audits, reviews, documents, papers, recommenda-8

tions, or other material that—9

‘‘(A) are the property of the agency or are10

available to the agency; and11

‘‘(B) relate to programs and operations12

with respect to which that agency Chief Human13

Capital Officer has responsibilities under this14

chapter; and15

‘‘(2) may request such information or assist-16

ance as may be necessary for carrying out the duties17

and responsibilities provided by this chapter from18

any Federal, State, or local governmental entity.’’.19

(b) TECHNICAL AND CONFORMING AMENDMENT.—20

The table of chapters for chapters for part II of title 5,21

United States Code, is amended by inserting after the22

item relating to chapter 13 the following:23

‘‘14. Agency Chief Human Capital Officers ............................. 1401’’.

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SEC. 2103. CHIEF HUMAN CAPITAL OFFICERS COUNCIL.1

(a) ESTABLISHMENT.—There is established a Chief2

Human Capital Officers Council, consisting of—3

(1) the Director of the Office of Personnel4

Management, who shall act as chairperson of the5

Council;6

(2) the Deputy Director for Management of the7

Office of Management and Budget, who shall act as8

vice chairperson of the Council; and9

(3) the Chief Human Capital Officers of Execu-10

tive departments and any other members who are11

designated by the Director of the Office of Personnel12

Management.13

(b) FUNCTIONS.—The Chief Human Capital Officers14

Council shall meet periodically to advise and coordinate15

the activities of the agencies of its members on such mat-16

ters as modernization of human resources systems, im-17

proved quality of human resources information, and legis-18

lation affecting human resources operations and organiza-19

tions.20

(c) EMPLOYEE LABOR ORGANIZATIONS AT MEET-21

INGS.—The Chief Human Capital Officers Council shall22

ensure that representatives of Federal employee labor or-23

ganizations are present at a minimum of 1 meeting of the24

Council each year. Such representatives shall not be mem-25

bers of the Council.26

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S.L.C.

(d) ANNUAL REPORT.—Each year the Chief Human1

Capital Officers Council shall submit a report to Congress2

on the activities of the Council.3

SEC. 2104. STRATEGIC HUMAN CAPITAL MANAGEMENT.4

Section 1103 of title 5, United States Code, is5


‘‘(c)(1) The Office of Personnel Management shall7

design a set of systems, including appropriate metrics, for8

assessing the management of human capital by Federal9

agencies.10

‘‘(2) The systems referred to under paragraph (1)11

shall be defined in regulations of the Office of Personnel12

Management and include standards for—13

‘‘(A)(i) aligning human capital strategies of14

agencies with the missions, goals, and organizational15

objectives of those agencies; and16

‘‘(ii) integrating those strategies into the budget17

and strategic plans of those agencies;18

‘‘(B) closing skill gaps in mission critical occu-19

pations;20

‘‘(C) ensuring continuity of effective leadership21

through implementation of recruitment, develop-22

ment, and succession plans;23

‘‘(D) sustaining a culture that cultivates and24

develops a high performing workforce;25

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‘‘(E) developing and implementing a knowledge1

management strategy supported by appropriate in-2

vestment in training and technology; and3

‘‘(F) holding managers and human resources4

officers accountable for efficient and effective human5

resources management in support of agency missions6

in accordance with merit system principles.’’.7


This title shall take effect 180 days after the date9

of enactment of this division.10

TITLE XXII—REFORMS RELAT-11

ING TO FEDERAL HUMAN12

CAPITAL MANAGEMENT13

SEC. 2201. INCLUSION OF AGENCY HUMAN CAPITAL STRA-14

TEGIC PLANNING IN PERFORMANCE PLANS15

AND PROGRAMS PERFORMANCE REPORTS.16

(a) PERFORMANCE PLANS.—Section 1115 of title 31,17

United States Code, is amended—18

(1) in subsection (a), by striking paragraph (3)19


‘‘(3) provide a description of how the perform-21

ance goals and objectives are to be achieved, includ-22

ing the operation processes, training, skills and tech-23

nology, and the human, capital, information, and24

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other resources and strategies required to meet1

those performance goals and objectives.’’;2

(2) by redesignating subsection (f) as sub-3

section (g); and4

(3) by inserting after subsection (e) the fol-5

lowing:6

‘‘(f) With respect to each agency with a Chief Human7

Capital Officer, the Chief Human Capital Officer shall8

prepare that portion of the annual performance plan de-9

scribed under subsection (a)(3).’’.10

(b) PROGRAM PERFORMANCE REPORTS.—Section11

1116(d) of title 31, United States Code, is amended—12

(1) in paragraph (4), by striking ‘‘and’’ after13

the semicolon;14

(2) by redesignating paragraph (5) as para-15

graph (6); and16

(3) by inserting after paragraph (4) the fol-17

lowing:18

‘‘(5) include a review of the performance goals19

and evaluation of the performance plan relative to20

the agency’s strategic human capital management;21

and’’.22

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SEC. 2202. REFORM OF THE COMPETITIVE SERVICE HIRING1

PROCESS.2

(a) IN GENERAL.—Chapter 33 of title 5, United3

States Code, is amended—4

(1) in section 3304(a)—5

(A) in paragraph (1), by striking ‘‘and’’6

after the semicolon;7

(B) in paragraph (2), by striking the pe-8

riod and inserting ‘‘; and’’; and9

(C) by adding at the end of the following:10

‘‘(3) authority for agencies to appoint, without11

regard to the provision of sections 3309 through12

3318, candidates directly to positions for which—13

‘‘(A) public notice has been given; and14

‘‘(B) the Office of Personnel Management15

has determined that there exists a severe short-16

age of candidates or there is a critical hiring17

need.18

The Office shall prescribe, by regulation, criteria for iden-19

tifying such positions and may delegate authority to make20

determinations under such criteria.’’; and21

(2) by inserting after section 3318 the fol-22

lowing:23

‘‘§ 3319. Alternative ranking and selection procedures24

‘‘(a) The Office, in exercising its authority under sec-25

tion 3304, or an agency to which the Office has delegated26

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examining authority under section 1104(a)(2), may estab-1

lish category rating systems for evaluating applicants for2

positions in the competitive service, under 2 or more qual-3

ity categories based on merit consistent with regulations4

prescribed by the Office of Personnel Management, rather5

than assigned individual numerical ratings.6

‘‘(b) Within each quality category established under7

subsection (a), preference-eligibles shall be listed ahead of8

individuals who are not preference eligibles. For other9

than scientific and professional positions at GS–9 of the10

General Schedule (equivalent or higher), qualified pref-11

erence-eligibles who have a compensable service-connected12

disability of 10 percent or more shall be listed in the high-13

est quality category.14

‘‘(c)(1) An appointing official may select any appli-15

cant in the highest quality category or, if fewer than 316

candidates have been assigned to the highest quality cat-17

egory, in a merged category consisting of the highest and18

the second highest quality categories.19

‘‘(2) Notwithstanding paragraph (1), the appointing20

official may not pass over a preference-eligible in the same21

category from which selection is made, unless the require-22

ments of section 3317(b) or 3318(b), as applicable, are23

satisfied.24

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‘‘(d) Each agency that establishes a category rating1

system under this section shall submit in each of the 32

years following that establishment, a report to Congress3

on that system including information on—4

‘‘(1) the number of employees hired under that5

system;6

‘‘(2) the impact that system has had on the hir-7

ing of veterans and minorities, including those who8

are American Indian or Alaska Natives, Asian,9

Black or African American, and native Hawaiian or10

other Pacific Islanders; and11

‘‘(3) the way in which managers were trained in12

the administration of that system.13

‘‘(e) The Office of Personnel Management may pre-14

scribe such regulations as it considers necessary to carry15

out the provisions of this section.’’.16


The table of sections for chapter 33 of title 5, United18

States Code, is amended by striking the item relating to19

section 3319 and inserting the following:20

‘‘3319. Alternative ranking and selection procedures.’’.

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SEC. 2203. PERMANENT EXTENSION, REVISION, AND EXPAN-1

SION OF AUTHORITIES FOR USE OF VOL-2

UNTARY SEPARATION INCENTIVE PAY AND3

VOLUNTARY EARLY RETIREMENT.4

(a) VOLUNTARY SEPARATION INCENTIVE PAY-5

MENTS.—6

(1) IN GENERAL.—7

(A) AMENDMENT TO TITLE 5, UNITED8

STATES CODE.—Chapter 35 of title 5, United9

States Code, is amended by inserting after sub-10

chapter I the following:11

‘‘SUBCHAPTER II—VOLUNTARY SEPARATION12

INCENTIVE PAYMENTS13

‘‘§ 3521. Definitions14

‘‘In this subchapter, the term—15

‘‘(1) ‘agency’ means an Executive agency as de-16

fined under section 105; and17

‘‘(2) ‘employee’—18

‘‘(A) means an employee as defined under19

section 2105 employed by an agency and an in-20

dividual employed by a county committee estab-21

lished under section 8(b)(5) of the Soil Con-22

servation and Domestic Allotment Act (1623

U.S.C. 590h(b)(5)) who—24

‘‘(i) is serving under an appointment25

without time limitation; and26

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‘‘(ii) has been currently employed for1

a continuous period of at least 3 years;2

and3

‘‘(B) shall include—4

‘‘(i) a reemployed annuitant under5

subchapter III of chapter 83 or 84 or an-6

other retirement system for employees of7

the Government;8

‘‘(ii) an employee having a disability9

on the basis of which such employee is or10

would be eligible for disability retirement11

under subchapter III of chapter 83 or 8412

or another retirement system for employees13

of the Government.14

‘‘(iii) an employee who is in receipt of15

a decision notice of involuntary separation16

for misconduct or unacceptable perform-17

ance;18

‘‘(iv) an employee who has previously19

received any voluntary separation incentive20

payment from the Federal Government21

under this subchapter or any other author-22

ity;23

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‘‘(v) an employee covered by statutory1

reemployment rights who is on transfer2

employment with another organization; or3

‘‘(vi) any employee who—4

‘‘(I) during the 36-month period5

preceding the date of separation of6

that employee, performed service for7

which a student loan repayment ben-8

efit was or is to be paid under section9

5379;10

‘‘(II) during the 24-month period11

preceding the date of separation of12

that employee, performed service for13

which a recruitment or relocation14

bonus was or is to be paid under sec-15

tion 5753; or16

‘‘(III) during the 12-month pe-17

riod preceding the date of separation18

of that employee, performed service19

for which a retention bonus was or is20

to be paid under section 5754.21

‘‘§ 3522. Agency plans; approval22

‘‘(a) Before obligating any resources for voluntary23

separation incentive payments, the head of each agency24

shall submit to the Office of Personnel Management a25

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S.L.C.

plan outlining the intended use of such incentive payments1

and a proposed organizational chart for the agency once2

such incentive payments have been completed.3

‘‘(b) The plan of an agency under subsection (a) shall4

include—5

‘‘(1) the specific positions and functions to be6

reduced or eliminated;7

‘‘(2) a description of which categories of em-8

ployees will be offered incentives;9

‘‘(3) the time period during which incentives10

may be paid;11

‘‘(4) the number and amounts of voluntary sep-12

aration incentive payments to be offered; and13

‘‘(5) a description of how the agency will oper-14

ate without the eliminated positions and functions.15

‘‘(c) The Director of the Office of Personnel Manage-16

ment shall review each agency’s plan an may make any17

appropriate modifications in the plan, in consultation with18

the Director of the Office of Management and Budget. A19

plan under this section may not be implemented without20

the approval of the Directive of the Office of Personnel21

Management.22

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‘‘§ 3523. Authority to provide voluntary separation in-1

centive payments2

‘‘(a) A voluntary separation incentive payment under3

this subchapter may be paid to an employee only as pro-4

vided in the plan of an agency established under section5

3522.6

‘‘(b) A voluntary incentive payment—7

‘‘(1) shall be offered to agency employees on the8

basis of—9

‘‘(A) 1 or more organizational units;10

‘‘(B) 1 or more occupational series or lev-11

els;12

‘‘(C) 1 or more geographical locations;13

‘‘(D) skills, knowledge, or other factors re-14

lated to a position;15

‘‘(E) specific periods of time during which16

eligible employees may elect a voluntary incen-17

tive payment; or18

‘‘(F) any appropriate combination of such19

factors;20

‘‘(2) shall be paid in a lump sum after the em-21

ployee’s separation;22

‘‘(3) shall be equal to the lesser of—23

‘‘(A) an amount equal to the amount the24

employee would be entitled to receive under sec-25

tion 5595(c)if the employee were entitled to26

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S.L.C.

payment under such section (without adjust-1

ment for any previous payment made); or2

‘‘(B) an amount determined by the agency3

head, not to exceed $25,000;4

‘‘(4) may be made only in the case of an em-5

ployee who voluntarily separates (whether by retire-6

ment or resignation) under this subchapter;7

‘‘(5) shall not be a basis for payment, and shall8

not be included in the computation, of any other9

type of Government benefit;10

‘‘(6) shall not be taken into account in deter-11

mining the amount of any severance pay to which12

the employee may be entitled under section 5595,13

based on another other separation; and14

‘‘(7) shall be paid from appropriations or funds15

available for the payment of the basic pay of the em-16

ployee.17

‘‘§ 3524. Effect of subsequent employment with the18

Government19

‘‘(a) The term ‘employment’—20

‘‘(1) in subsection (b) includes employment21

under a personal services contract (or other direct22

contract) with the United States Government (other23

than an entity in the legislative branch); and24

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‘‘(2) in subsection (c) does not include employ-1

ment under such a contract.2

‘‘(b) An individual who has received a voluntary sepa-3

ration incentive payment under this subchapter and ac-4

cepts any employment for compensation with the Govern-5

ment of the United States with 5 years after the date of6

the separation on which the payment is based shall be re-7

quired to pay, before the individual’s first day of employ-8

ment, the entire amount of the incentive payment to he9

agency that paid the incentive payment.10

‘‘(c)(1) If the employment under this section is with11

an agency, other than the General Accounting Office, the12

United States Postal Service, or the Postal Rate Commis-13

sion, the Director of the Office of Personnel Management14

may, at the request of the head of the agency, may waive15

the repayment if—16

‘‘(A) the individual involved possesses unique17

abilities and is the only qualified applicant available18

for the position; or19

‘‘(B) in case of an emergency involving a direct20

threat to life or property, the individual—21

‘‘(i) has skills directly related to resolving22

the emergency; and23

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‘‘(ii) will serve on a temporary basis only1

so long as that individual’s services are made2

necessary by the emergency.3

‘‘(2) If the employment under this section is with an4

entity in the legislative branch, the head of the entity or5

the appointing official may waive the repayment if the in-6

dividual involved possesses unique abilities and is the only7

qualified applicant available for the position.8

‘‘(3) If the employment under this section is with the9

judicial branch, the Director of the Administrative Office10

of the United States Courts may waive the repayment if11

the individual involved possesses unique abilities and is the12

only qualified applicant available for the position.13

‘‘§ 3525. Regulations14

‘‘The Office of Personnel Management may prescribe15

regulations to carry out this subchapter.’’.16

(B) TECHNICAL AND CONFORMING AMEND-17

MENTS.—Chapter 35 of title 5, United States18

Code, is amended—19

(i) by striking the chapter heading20


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‘‘CHAPTER 35—RETENTION PREFERENCE,1

VOLUNTARY SEPARATION INCENTIVE2

PAYMENTS, RESTORATION, AND RE-3

EMPLOYMENT’’;4

and5

(ii) in the table of sections by insert-6

ing after the item relating to section 35047

the following:8

‘‘SUBCHAPTER II—VOLUNTARY SEPARATION INCENTIVE PAYMENTS

‘‘3521. Definitions.

‘‘3522. Agency plans; approval.

‘‘3523. Authority to provide voluntary separation incentive pay-

ments.

‘‘3524. Effect of subsequent employment with the Government.

‘‘3525. Regulations.’’.

(2) ADMINISTRATIVE OFFICE OF THE UNITED9

STATES COURTS.—The Director of the Administra-10

tive Office of the United States Courts may, by reg-11

ulation, establish a program substantially similar to12

the program established under paragraph (1) for in-13

dividuals serving in the judicial branch.14

(3) CONTINUATION OF OTHER AUTHORITY.—15

Any agency exercising any voluntary separation in-16

centive authority in effect on the effective date of17

this subsection may continue to offer voluntary sepa-18

ration incentives consistent with that authority until19

that authority expires.20

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(4) EFFECTIVE DATE.—This subsection shall1

take effect 60 days after the date of enactment of2

this Act.3

(b) FEDERAL EMPLOYEE VOLUNTARY EARLY RE-4

TIREMENT.—5

(1) CIVIL SERVICE RETIREMENT SYSTEM.—Sec-6

tion 8336(d)(2) of title 5, United States Code, is7

amended to read as follows:8

‘‘(2)(A) has been employed continuously, by the9

agency in which the employee is serving, for at least10

the 31-day period ending on the date on which such11

agency requests the determination referred to in12

subparagraph (D);13

‘‘(B) is serving under an appointment that is14

not time limited;15

‘‘(C) has not been duly notified that such em-16

ployee is to be involuntarily separated for mis-17

conduct or unacceptable performance;18

‘‘(D) is separated from the service voluntarily19

during a period in which, as determined by the office20

of Personnel Management (upon request of the21

agency) under regulations prescribed by the Office—22

‘‘(i) such agency (or, if applicable, the23

component in which the employee is serving) is24

undergoing substantial delayering, substantial25

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S.L.C.

reorganization, substantial reductions in force,1

substantial transfer of function, or other sub-2

stantial workforce restructuring (or shaping);3

‘‘(ii) a significant percentage of employees4

servicing in such agency (or component) are5

likely to be separated or subject to an imme-6

diate reduction in the rate of basic pay (without7

regard to subchapter VI of chapter 53, or com-8

parable provisions); or9

‘‘(iii) identified as being in positions which10

are becoming surplus or excess to the agency’s11

future ability to carry out its mission effec-12

tively; and13

‘‘(E) as determined by the agency under regula-14

tions prescribed by the Office, is within the scope of15

the offer of voluntary early retirement, which may be16

made on the basis of—17

‘‘(i) 1 or more organizational units;18

‘‘(ii) 1 or more occupational series or lev-19

els;20

‘‘(iii) 1 or more geographical locations;21

‘‘(iv) specific periods;22

‘‘(v) skills, knowledge, or other factors re-23

lated to a position; or24

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S.L.C.

‘‘(vi) any appropriate combination of such1

factors;’’.2

(2) FEDERAL EMPLOYEES’ RETIREMENT SYS-3

TEM.—Section 8414(b)(1) of title 5, United States4

Code, is amended by striking subparagraph (B) and5

inserting the following:6

‘‘(B)(i) has been employed continuously, by7

the agency in which the employee is serving, for8

at least the 31-day period ending on the date9

on which such agency requests the determina-10

tion referred to in clause (iv);11

‘‘(ii) is serving under an appointment that12

is not time limited;13

‘‘(iii) has not been duly notified that such14

employee is to be involuntarily separated for15

misconduct or unacceptable performance;16

‘‘(iv) is separate from the service volun-17

tarily during a period in which, as determined18

by the Office of Personnel Management (upon19

request of the agency) under regulations pre-20

scribed by the Office—21

‘‘(I) such agency (or, if applicable, the22

component in which the employee is serv-23

ing) is undergoing substantial delayering,24

substantial reorganization, substantial re-25

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S.L.C.

ductions in force, substantial transfer of1

function, or other substantial workforce re-2

structuring (or shaping);3

‘‘(II) a significant percentage of em-4

ployees serving in such agency (or compo-5

nent) are likely to be separated or subject6

to an immediate reduction in the rate of7

basic pay (without regard to subchapter VI8

of chapter 53, or comparable provisions);9

or10

‘‘(III) identified as being in positions11

which are becoming surplus or excess to12

the agency’s future ability to carry out its13

mission effectively; and14

‘‘(v) as determined by the agency under15

regulations prescribed by the Office, is within16

the scope of the offer of voluntary early retire-17

ment, which may be made on the basis of—18

‘‘(I) 1 or more organizational units;19

‘‘(II) 1 or more occupational series or20

levels;21

‘‘(III) 1 or more geographical loca-22

tions;23

‘‘(IV) specific periods;24

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S.L.C.

‘‘(V) skills, knowledge, or other fac-1

tors related to a position; or2

‘‘(VI) any appropriate combination of3

such factors.’’.4

(3) GENERAL ACCOUNTING OFFICE AUTHOR-5

ITY.—The amendments made by this subsection6

shall not be construed to affect the authority under7

section 1 of Public Law 106–303 (5 U.S.C. 83368

note; 114 State. 1063).9

(4) TECHNICAL AND CONFORMING AMEND-10

MENTS.—Section 7001 of the 1998 Supplemental11

Appropriations and Rescissions Act (Public Law12

105–174; 112 Stat. 91) is repealed.13

(5) REGULATIONS.—The Office of Personnel14

Management may prescribe regulations to carry out15

this subsection.16

(c) SENSE OF CONGRESS.—It is the sense of Con-17

gress that the implementation of this section is intended18

to reshape the Federal workforce and not downsize the19

Federal workforce.20

SEC. 2204. STUDENT VOLUNTEER TRANSIT SUBSIDY.21

(a) IN GENERAL.—Section 7905(a)(1) of title 5,22

United States Code, is amended by striking ‘‘and a mem-23

ber of a uniformed service’’ and inserting ‘‘, a member24

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S.L.C.

of a uniformed service, and a student who provides vol-1

untary services under section 3111’’.2


Section 3111(c)(1) of title 5, United States Code, is4

amended by striking ‘‘chapter 81 of this title’’ and insert-5

ing ‘‘section 7905 (relating to commuting by means other6

than single-occupancy motor vehicles), chapter 81’’.7

TITLE XXIII—REFORMS RELAT-8

ING TO THE SENIOR EXECU-9

TIVE SERVICE10

SEC. 2301. REPEAL OF RECERTIFICATION REQUIREMENTS11

OF SENIOR EXECUTIVES.12

(a) IN GENERAL.—Title 5, United States Code, is13

amended—14

(1) in chapter 33—15

(A) in section 3393(g) by striking16

‘‘3393a’’;17

(B) by repealing section 3393a; and18

(C) in the table of sections by striking the19

item relating to section 3393a;20


(A) in section 3592(a)—22

(i) in paragraph (1), by inserting ‘‘or’’23

at the end;24

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S.L.C.

(ii) in paragraph (2), by striking ‘‘or’’1

at the end;2

(iii) by striking paragraph (3); and3

(iv) by striking the last sentence;4

(B) in section 3593(a), by striking para-5

graph (2) and inserting the following:6

‘‘(2) the appointee left the Senior Executive7

Service for reasons other than misconduct, neglect of8

duty, malfeasance, or less than fully successful exec-9

utive performance as determined under subchapter10

II of chapter 43.’’; and11

(C) in section 3594(b)—12

(i) in paragraph (1), by inserting ‘‘or’’13

at the end;14

(ii) in paragraph (2), by striking ‘‘or’’15

at the end; and16

(iii) by striking paragraph (3);17

(3) in section 7701(c)(1)(A), by striking ‘‘or re-18

moval from the Senior Executive Service for failure19

to be recertified under section 3393a’’;20


(A) in section 8336(h)(1), by striking ‘‘for22

failure to be recertified as a senior executive23

under section 3393a or’’; and24

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S.L.C.

(B) in section 8339(h), in the first sen-1

tence, by striking ‘‘, except that such reduction2

shall not apply in the case of an employee retir-3

ing under section 8336(h) for failure to be re-4

certified as a senior executive’’; and5


(A) in section 8414(a)(1), by striking ‘‘for7

failure to be recertified as a senior executive8

under section 3393a or’’; and9

(B) in section 8421(a)(2), by striking ‘‘,10

except that an individual entitled to an annuity11

under section 8414(a) for failure to be recer-12

tified as a senior executive shall be entitled to13

an annuity supplement without regard to such14

applicable retirement age’’.15

(b) SAVINGS PROVISION.—Notwithstanding the16

amendments made by subsection (a)(2)(A), an appeal17

under the final sentence of section 3592(a) of title 5,18

United States Code, that is pending on the day before the19

effective date of this section—20

(1) shall not abate by reason of the enactment21

of the amendments made by subsection (a)(2)(A);22

and23

(2) shall continue as if such amendments had24

not been enacted.25

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(c) APPLICATION.—The amendment made by sub-1

section (a)(2)(B) shall not apply with respect to an indi-2

vidual who, before the effective date of this section, leaves3

the Senior Executive Service for failure to be recertified4

as a senior executive under section 3393a of title 5, United5

States Code.6

SEC. 2302. ADJUSTMENT OF LIMITATION ON TOTAL AN-7

NUAL COMPENSATION.8

Section 5307(a) of title 5, United States Code, is9


‘‘(3) Notwithstanding paragraph (1), the total11

payment referred to under such paragraph with re-12

spect to an employee paid under section 5372, 5376,13

or 5383 of title 5 or section 332(f), 603, or 604 of14

title 28 shall not exceed the total annual compensa-15

tion payable to the Vice President under section 10416

of title 3. Regulations prescribed under subsection17

(c) may extend the application of this paragraph to18

other equivalent categories of employees.’’.19

TITLE XXIV—ACADEMIC20

TRAINING21

SEC. 2401. ACADEMIC TRAINING.22

(a) ACADEMIC DEGREE TRAINING.—Section 4107 of23

title 5, United States Code, is amended to read as follows:24

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‘‘§ 4107. Academic degree training1

‘‘(a) Subject to subsection (b), an agency may select2

and assign an employee to academic degree training and3

may pay or reimburse the costs of academic degree train-4

ing from appropriated or other available funds if such5

training—6

‘‘(1) contributes significantly to—7

‘‘(A) meeting an identified agency training8

need;9

‘‘(B) resolving an identified agency staffing10

problem; or11

‘‘(C) accomplishing goals in the strategic12

plan of the agency;13

‘‘(2) is part of a planned, systemic, and coordi-14

nated agency employee development program linked15

to accomplishing the strategic goals of the agency;16

and17

‘‘(3) is accredited and is provided by a college18

or university that is accredited by a nationally recog-19

nized body.20

‘‘(b) In exercising authority under subsection (a), an21

agency shall—22

‘‘(1) consistent with the merit system principles23

set forth in paragraphs (2) and (7) of section24

2301(b), take into consideration the need to—25

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S.L.C.

‘‘(A) maintain a balanced workforce in1

which women, members of racial and ethnic mi-2

nority groups, and persons with disabilities are3

appropriately represented in Government serv-4

ice; and5

‘‘(B) provide employees effective education6

and training to improve organizational and indi-7

vidual performance;8

‘‘(2) assure that the training is not for the sole9

purpose of providing an employee an opportunity to10

obtain an academic degree or qualify for appoint-11

ment to a particular position for which the academic12

degree is a basic requirement;13

‘‘(3) assure that no authority under this sub-14

section is exercised on behalf of any employee occu-15

pying or seeking to qualify for—16

‘‘(A) a noncareer appointment in the sen-17

ior Executive Service; or18

‘‘(B) appointment to any position that is19

excepted from the competitive service because of20

its confidential policy-determining, policy-mak-21

ing or policy-advocating character; and22

‘‘(4) to the greatest extent practicable, facilitate23

the use of online degree training.’’.24

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263

S.L.C.


The table of sections for chapter 41 of title 5, United2

States Code, is amended by striking the item relating to3

section 4107 and inserting the following:4

‘‘4107. Academic degree training.’’.

SEC. 2402. MODIFICATIONS TO NATIONAL SECURITY EDU-5

CATION PROGRAM.6

(a) FINDINGS AND POLICIES.—7

(1) FINDINGS.—Congress finds that—8

(A) the United States Government actively9

encourages and financially supports the train-10

ing, education, and development of many11

United States citizens;12

(B) as a condition of some of those sup-13

ports, many of those citizens have an obligation14

to seek either compensated or uncompensated15

employment in the Federal sector; and16

(C) it is in the United States national in-17

terest to maximize the return to the Nation of18

funds invested in the development of such citi-19

zens by seeking to employ them in the Federal20

sector.21

(2) POLICY.—It shall be the policy of the22

United States Government to—23

(A) establish procedures for ensuring that24

United States citizens who have incurred serv-25

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264

S.L.C.

ice obligations as the result of receiving finan-1

cial support for education and training from the2

United States Government and have applied for3

Federal positions are considered in all recruit-4

ment and hiring initiatives of Federal depart-5

ments, bureaus, agencies, and offices; and6

(B) advertise and open all Federal posi-7

tions to United States citizens who have in-8

curred service obligations with the United9

States Government as the result of receiving fi-10

nancial support for education and training from11

the United States Government.12

(b) FULFILLMENT OF SERVICE REQUIREMENT IF13

NATIONAL SECURITY POSITIONS ARE UNAVAILABLE.—14

Section 802(b)(2) of the David L. Boren National Secu-15

rity Education Act of 1991 (50 U.S.C. 1902) is16

amended—17

(1) in subparagraph (A), by striking clause (ii)18


‘‘(ii) if the recipient demonstrates to20

the Secretary (in accordance with such21

regulations) that no national security posi-22

tion in an agency or office of the Federal23

Government having national security re-24

sponsibilities is available, work in other of-25

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265

S.L.C.

fices or agencies of the Federal Govern-1

ment or in the field of higher education in2

a discipline relating to the foreign country,3

foreign language, area study, or inter-4

national field of study for which the schol-5

arship was awarded, for a period specified6

by the Secretary, which period shall be de-7

termined in accordance with clause (i); or’’;8

and9

(2) in subparagraph (B), by striking clause (ii)10


‘‘(ii) if the recipient demonstrates to12

the Secretary (in accordance with such13

regulations) that no national security posi-14

tion is available upon the completion of the15

degree, work in other offices or agencies of16

the Federal Government or in the field of17

higher education in a discipline relating to18

foreign country, foreign language, area19

study, or international field of study for20

which the fellowship was awarded, for a21

period specified by the Secretary, which pe-22

riod shall be determined in accordance23

with clause (i); and’’.24

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266

S.L.C.

SEC. 2403. COMPENSATION TIME OFF FOR TRAVEL.1

Subchapter V of chapter 55 of title 5, United States2

Code, is amended by adding at end the following:3

‘‘§ 5550b. Compensatory time off for travel4

‘‘(a) An employee shall receive 1 hour of compen-5

satory time off for each hour spent by the employee in6

travel status away from the official duty station of the7

employee, to the extent that the time spent in travel status8

is not otherwise compensable.9

‘‘(b) Not later than 30 days after the date of enact-10

ment of this section, the Office of Personnel Management11

shall prescribe regulations to implement this section.’’.12

SEC. 2404. EXTENSION OF CUSTOMS USER FEES.13

Section 13031(j)(3) of the Consolidated Omnibus14

Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3))15

is amended by striking ‘‘September 30, 2003’’ and insert-16

ing ‘‘March 31, 2004’’.17

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Documents

Center for Democracy and Technology · 2 S.L.C. 1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2 (a) SHORT TITLE.—This Act may be cited as the 3 ‘‘Homeland Security Act of 2002’’