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107th Congress Rept. 107-609
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
HOMELAND SECURITY ACT OF 2002
_______
July 24, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Armey, from the Select Committee on Homeland Security, submitted
the following
R E P O R T
together with
MINORITY AND DISSENTING VIEWS
[To accompany H.R. 5005]
[Including cost estimate of the Congressional Budget Office]
The Select Committee on Homeland Security, to whom was
referred the bill (H.R. 5005) to establish the Department of
Homeland Security, and for other purposes, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 63
Background and Need for Legislation.............................. 63
Hearings......................................................... 67
Committee Consideration.......................................... 68
Committee Votes.................................................. 68
Committee Oversight Findings..................................... 75
Performance Goals and Objectives................................. 75
New Budget Authority, Entitlement Authority, and Tax Expenditures 75
Committee Cost Estimate.......................................... 75
Congressional Budget Office Cost Estimate........................ 76
Federal Mandates Statement....................................... 86
Constitutional Authority Statement............................... 86
Applicability to Legislative Branch.............................. 86
Section-by-Section Analysis...................................... 86
Minority and Dissenting Views.................................... 217
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland Security
Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Construction; severability.
Sec. 4. Effective date.
TITLE I--DEPARTMENT OF HOMELAND SECURITY
Sec. 101. Executive department; mission.
Sec. 102. Secretary; functions.
Sec. 103. Other officers.
Sec. 104. National Council of First Responders.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Under Secretary for Information Analysis and Infrastructure
Protection
Sec. 201. Under Secretary for Information Analysis and Infrastructure
Protection.
Sec. 202. Functions transferred.
Sec. 203. Access to information.
Sec. 204. Procedures for sharing information.
Sec. 205. Privacy officer.
Sec. 206. Federal cybersecurity program.
Subtitle B--Intelligence Analysis Center
Sec. 211. Intelligence Analysis Center
Sec. 212. Mission of the Intelligence Analysis Center.
TITLE III--SCIENCE AND TECHNOLOGY
Sec. 301. Under Secretary for Science and Technology.
Sec. 302. Functions transferred.
Sec. 303. Conduct of certain public health-related activities.
Sec. 304. Federally funded research and development center.
Sec. 305. Miscellaneous provisions.
Sec. 306. Homeland Security Science and Technology Coordination
Council.
Sec. 307. Conduct of research, development, demonstration, testing and
evaluation.
Sec. 308. Transfer of Plum Island Animal Disease Center, Department of
Agriculture.
TITLE IV--BORDER AND TRANSPORTATION SECURITY
Subtitle A--General Provisions
Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Functions transferred.
Sec. 403. Visa issuance.
Sec. 404. Transfer of certain agricultural inspection functions of the
Department of Agriculture.
Sec. 405. Functions of Administrator of General Services.
Sec. 406. Functions of Transportation Security Administration.
Sec. 407. Preservation of Transportation Security Administration as a
distinct entity.
Sec. 408. Annual assessment of terrorist-related threats to public
transportation.
Sec. 409. Explosive detection systems.
Sec. 410. Transportation security.
Subtitle B--Immigration and Nationality Functions
Chapter 1--Immigration Enforcement
Sec. 411. Transfer of functions to under Secretary for Border and
Transportation Security.
Sec. 412. Establishment of Bureau of Border Security.
Sec. 413. Professional responsibility and quality review.
Sec. 414. Employee discipline.
Sec. 415. Report on improving enforcement functions.
Chapter 2--Citizenship And Immigration Services
SUBCHAPTER A--TRANSFERS OF FUNCTIONS
Sec. 421. Establishment of Bureau of Citizenship and Immigration
Services.
Sec. 422. Citizenship and Immigration Services Ombudsman.
Sec. 423. Professional responsibility and quality review.
Sec. 424. Employee discipline.
Sec. 425. Office of Immigration Statistics within Bureau of Justice
Statistics.
Sec. 426. Preservation of Attorney General's authority.
Sec. 427. Effective date.
Sec. 428. Transition.
SUBCHAPTER B--OTHER PROVISIONS
Sec. 431. Funding for citizenship and immigration services.
Sec. 432. Backlog elimination.
Sec. 433. Report on improving immigration services.
Sec. 434. Report on responding to fluctuating needs.
Sec. 435. Application of Internet-based technologies.
Sec. 436. Children's affairs.
Chapter 3--General Provisions
Sec. 441. Abolishment of INS.
Sec. 442. Voluntary separation incentive payments.
Sec. 443. Authority to conduct a demonstration project relating to
disciplinary action.
Sec. 444. Sense of Congress.
Sec. 445. Reports and implementation plans.
Sec. 446. Immigration functions.
Subtitle C--United States Customs Service
Sec. 451. Establishment; Commissioner of Customs.
Sec. 452. Retention of customs revenue functions by Secretary of the
Treasury.
Sec. 453. Establishment and implementation of cost accounting system;
reports.
Sec. 454. Preservation of Customs funds.
Sec. 455. Separate budget request for Customs.
Sec. 456. Payment of duties and fees.
Sec. 457. Definition.
Sec. 458. GAO report to Congress.
Sec. 459. Allocation of resources by the Secretary.
Sec. 460. Reports to Congress.
Sec. 461. Customs user fees.
TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE
Sec. 501. Under Secretary for Emergency Preparedness and Response.
Sec. 502. Functions transferred.
Sec. 503. Nuclear incident response.
Sec. 504. Definition.
Sec. 505. Conduct of certain public-health related activities.
TITLE VI--MANAGEMENT
Sec. 601. Under Secretary for Management.
Sec. 602. Chief Financial Officer.
Sec. 603. Chief Information Officer.
Sec. 604. Establishment of Office for Civil Rights and Civil Liberties.
TITLE VII--MISCELLANEOUS
Subtitle A--Inspector General
Sec. 701. Authority of the Secretary.
Subtitle B--United States Secret Service
Sec. 711. Functions transferred.
Subtitle C--Critical Infrastructure Information
Sec. 721. Short title.
Sec. 722. Definitions.
Sec. 723. Designation of critical infrastructure protection program.
Sec. 724. Protection of voluntarily shared critical infrastructure
information.
Sec. 725. No private right of action.
Subtitle D--Acquisitions
Sec. 731. Research and development projects.
Sec. 732. Personal services.
Sec. 733. Special streamlined acquisition authority.
Sec. 734. Procurements from small businesses.
Subtitle E--Property
Sec. 741. Department headquarters.
Subtitle F--Support Anti-Terrorism by Fostering Effective Technologies
Act of 2002 (the SAFETY Act)
Sec. 751. Short title.
Sec. 752. Administration.
Sec. 753. Litigation management.
Sec. 754. Risk management.
Sec. 755. Definitions.
Subtitle G--Other Provisions
Sec. 761. Establishment of human resources management system.
Sec. 762. Advisory committees.
Sec. 763. Reorganization; transfer of appropriations.
Sec. 764. Miscellaneous authorities.
Sec. 765. Military activities.
Sec. 766. Regulatory authority.
Sec. 767. Provisions regarding transfers from Department of Energy.
Sec. 768. Counternarcotics officer.
Sec. 769. Office of International Affairs.
Sec. 770. Prohibition of the terrorism information and prevention
system.
Sec. 771. Review of pay and benefit plans.
Sec. 772. Role of the District of Columbia.
Sec. 773. Transfer of the Federal Law Enforcement Training Center.
TITLE VIII--TRANSITION
Subtitle A--Reorganization Plan
Sec. 801. Definitions.
Sec. 802. Reorganization plan.
Subtitle B--Transitional Provisions
Sec. 811. Transitional authorities.
Sec. 812. Savings provisions.
Sec. 813. Terminations.
Sec. 814. Incidental transfers.
Sec. 815. National identification system not authorized.
Sec. 816. Continuity of Inspector General oversight.
Sec. 817. Reference.
TITLE IX--CONFORMING AND TECHNICAL AMENDMENTS
Sec. 901. Inspector General Act of 1978.
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. Biological agent registration; Public Health Service Act.
Sec. 907. Transfer of certain security and law enforcement functions
and authorities.
Sec. 908. Transportation security regulations.
Sec. 909. Railroad security laws.
Sec. 910. Office of Science and Technology Policy.
Sec. 911. National Oceanographic Partnership Program.
Sec. 912. Chief Financial Officer.
Sec. 913. Chief Information Officer.
TITLE X--NATIONAL HOMELAND SECURITY COUNCIL
Sec. 1001. National Homeland Security Council.
Sec. 1002. Function.
Sec. 1003. Membership.
Sec. 1004. Other functions and activities.
Sec. 1005. Homeland security budget.
Sec. 1006. Staff composition.
Sec. 1007. Relation to the National Security Council.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Each of the terms ``American homeland'' and ``homeland''
means the United States.
(2) The term ``appropriate congressional committee'' means
any committee of the House of Representatives or the Senate
having legislative or oversight jurisdiction under the Rules of
the House of Representatives or the Senate, respectively, over
the matter concerned.
(3) The term ``assets'' includes contracts, facilities,
property, records, unobligated or unexpended balances of
appropriations, and other funds or resources (other than
personnel).
(4) The term ``critical infrastructure'' has the meaning
given that term in section 1016(e) of Public Law 107-56 (42
U.S.C. 5195c(e)).
(5) The term ``Department'' means the Department of Homeland
Security.
(6) The term ``emergency response providers'' includes
Federal, State, and local emergency public safety, law
enforcement, emergency response, emergency medical (including
hospital emergency facilities), and related personnel,
agencies, and authorities.
(7) The term ``executive agency'' means an executive agency
and a military department, as defined, respectively, in
sections 105 and 102 of title 5, United States Code.
(8) The term ``functions'' includes authorities, powers,
rights, privileges, immunities, programs, projects, activities,
duties, and responsibilities.
(9) The term ``key resources'' means publicly or privately
controlled resources essential to the minimal operations of the
economy and government.
(10) The term ``local government'' means--
(A) a county, municipality, city, town, township,
local public authority, school district, special
district, intrastate district, council of governments
(regardless of whether the council of governments is
incorporated as a nonprofit corporation under State
law), regional or interstate government entity, or
agency or instrumentality of a local government;
(B) an Indian tribe or authorized tribal
organization, or Alaska Native village or organization;
and
(C) a rural community, unincorporated town or
village, or other public entity.
(11) The term ``major disaster'' has the meaning given in
section 102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
(12) The term ``personnel'' means officers and employees.
(13) The term ``Secretary'' means the Secretary of Homeland
Security.
(14) The term ``State'' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any possession of the United
States.
(15) The term ``terrorism'' means any activity that--
(A) involves an act that--
(i) is dangerous to human life or potentially
destructive of critical infrastructure or key
resources; and
(ii) is a violation of the criminal laws of
the United States or of any State or other
subdivision of the United States; and
(B) appears to be intended--
(i) to intimidate or coerce a civilian
population;
(ii) to influence the policy of a government
by intimidation or coercion; or
(iii) to affect the conduct of a government
by mass destruction, assassination, or
kidnapping.
(16) The term ``United States'', when used in a geographic
sense, means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, any possession of the United States, and any waters
within the jurisdiction of the United States.
SEC. 3. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unenforceable by its
terms, or as applied to any person or circumstance, shall be construed
so as to give it the maximum effect permitted by law, unless such
holding shall be one of utter invalidity or unenforceability, in which
event such provision shall be deemed severable from this Act and shall
not affect the remainder thereof, or the application of such provision
to other persons not similarly situated or to other, dissimilar
circumstances.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect thirty days after the date of enactment
or, if enacted within thirty days before January 1, 2003, on January 1,
2003.
TITLE I--DEPARTMENT OF HOMELAND SECURITY
SEC. 101. EXECUTIVE DEPARTMENT; MISSION.
(a) Establishment.--There is established a Department of Homeland
Security, as an executive department of the United States within the
meaning of title 5, United States Code.
(b) Mission.--
(1) In general.--The primary mission of the Department is
to--
(A) prevent terrorist attacks within the United
States;
(B) reduce the vulnerability of the United States to
terrorism;
(C) minimize the damage, and assist in the recovery,
from terrorist attacks that do occur within the United
States;
(D) carry out all functions of entities transferred
to the Department, including by acting as a focal point
regarding natural and manmade crises and emergency
planning;
(E) ensure that the functions of the agencies and
subdivisions within the Department that are not related
directly to securing the homeland are not diminished or
neglected except by a specific explicit Act of
Congress; and
(F) ensure that the overall economic security of the
United States is not diminished by efforts, activities,
and programs aimed at securing the homeland.
(2) Responsibility for Investigating and Prosecuting
Terrorism.--Except as specifically provided by law with respect
to entities transferred to the Department under this Act,
primary responsibility for investigating and prosecuting acts
of terrorism shall be vested not in the Department, but rather
in Federal, State, and local law enforcement agencies with
jurisdiction over the acts in question.
SEC. 102. SECRETARY; FUNCTIONS.
(a) Secretary.--(1) There is a Secretary of Homeland Security,
appointed by the President, by and with the advice and consent of the
Senate.
(2) The Secretary is the head of the Department and shall have
direction, authority, and control over it.
(3) All functions of all officers, employees, and organizational
units of the Department are vested in the Secretary.
(b) Functions.--The Secretary--
(1) except as otherwise provided by this Act, may delegate
any of the Secretary's functions to any officer, employee, or
organizational unit of the Department;
(2) shall have the authority to make contracts, grants, and
cooperative agreements, and to enter into agreements with other
executive agencies, as may be necessary and proper to carry out
the Secretary's responsibilities under this Act or otherwise
provided by law; and
(3) shall take reasonable steps to ensure that information
systems and databases of the Department are compatible with
each other and with appropriate databases of other Departments.
(c) Coordination With Non-Federal Entities.--The Secretary shall
coordinate (including the provision of training and equipment) with
State and local government personnel, agencies, and authorities, with
the private sector, and with other entities, including by--
(1) coordinating with State and local government personnel,
agencies, and authorities, and with the private sector, to
ensure adequate planning, equipment, training, and exercise
activities;
(2) coordinating and, as appropriate, consolidating, the
Federal Government's communications and systems of
communications relating to homeland security with State and
local government personnel, agencies, and authorities, the
private sector, other entities, and the public; and
(3) distributing or, as appropriate, coordinating the
distribution of, warnings and information to State and local
government personnel, agencies, and authorities and to the
public.
(d) Meetings of National Security Council.--The Secretary may,
subject to the direction of the President, attend and participate in
meetings of the National Security Council.
(e) Issuance of Regulations.--The issuance of regulations by the
Secretary shall be governed by the provisions of chapter 5 of title 5,
United States Code, except as specifically provided in this Act, in
laws granting regulatory authorities that are transferred by this Act,
and in laws enacted after the date of enactment of this Act.
(f) Special Assistant to the Secretary.--The Secretary shall appoint
a Special Assistant to the Secretary who shall be responsible for--
(1) creating and fostering strategic communications with the
private sector to enhance the primary mission of the Department
to protect the American homeland;
(2) advising the Secretary on the impact of the Department's
policies, regulations, processes, and actions on the private
sector;
(3) interfacing with other relevant Federal agencies with
homeland security missions to assess the impact of these
agencies' actions on the private sector;
(4) creating and managing private sector advisory councils
composed of representatives of industries and associations
designated by the Secretary to--
(A) advise the Secretary on private sector products,
applications, and solutions as they relate to homeland
security challenges; and
(B) advise the Secretary on homeland security
policies, regulations, processes, and actions that
affect the participating industries and associations;
(5) working with Federal laboratories, Federally funded
research and development centers, other Federally funded
organizations, academia, and the private sector to develop
innovative approaches to address homeland security challenges
to produce and deploy the best available technologies for
homeland security missions;
(6) promoting existing public-private partnerships and
developing new public-private partnerships to provide for
collaboration and mutual support to address homeland security
challenges; and
(7) assisting in the development and promotion of private
sector best practices to secure critical infrastructure.
(g) Standards Policy.--All standards activities of the Department
shall be conducted in accordance with section 12(d) of the National
Technology Transfer Advancement Act of 1995 (15 U.S.C. 272 note) and
Office of Management and Budget Circular A-119.
SEC. 103. OTHER OFFICERS.
(a) Deputy Secretary; Under Secretaries.--There are the following
officers, appointed by the President, by and with the advice and
consent of the Senate:
(1) A Deputy Secretary of Homeland Security, who shall be the
Secretary's first assistant for purposes of subchapter III of
chapter 33 of title 5, United States Code.
(2) An Under Secretary for Information Analysis and
Infrastructure Protection.
(3) An Under Secretary for Science and Technology.
(4) An Under Secretary for Border and Transportation
Security.
(5) An Under Secretary for Emergency Preparedness and
Response.
(6) An Under Secretary for Management.
(7) Not more than four Assistant Secretaries.
(8) A Chief Financial Officer.
(b) Inspector General.--There is an Inspector General, who shall be
appointed as provided in section 3(a) of the Inspector General Act of
1978.
(c) Commandant of the Coast Guard.--To assist the Secretary in the
performance of the Secretary's functions, there is a Commandant of the
Coast Guard, who shall be appointed as provided in section 44 of title
14, United States Code, and who shall report directly to the Secretary.
In addition to such duties as may be provided in this Act and as
assigned to the Commandant by the Secretary, the duties of the
Commandant shall include those required by section 2 of title 14,
United States Code.
(d) Other Officers.--To assist the Secretary in the performance of
the Secretary's functions, there are the following officers, appointed
by the President:
(1) A General Counsel, who shall be the chief legal officer
of the Department.
(2) Not more than eight Assistant Secretaries.
(3) A Director of the Secret Service.
(4) A Chief Information Officer.
(e) Performance of Specific Functions.--Subject to the provisions of
this Act, every officer of the Department shall perform the functions
specified by law for the official's office or prescribed by the
Secretary.
SEC. 104. NATIONAL COUNCIL OF FIRST RESPONDERS.
(a) Findings.--The Congress finds the following:
(1) First responders are key to protecting the health and
safety of our citizens against disasters.
(2) First responders are the Nation's ready reaction force of
dedicated and brave people who save lives and property when
catastrophe strikes.
(3) First responders have the knowledge, training, and
experience to save lives, often under the most difficult
conditions imaginable.
(4) First responders play an important role in helping to
develop and implement advances in life saving technology.
(5) First responders are uniquely qualified to advise the
Department of Homeland Security on the role of first responders
in defending our Nation against terrorism.
(b) Establishment and Administration.--
(1) There is established within the Department of Homeland
Security a National Council of First Responders (in this
section referred to as the ``Council'').
(2) The President shall appoint the members of the Council.
The Council shall consist of not less than 100 members, no more
than 10 of whom may be residents of the same State. Members of
the Council shall be selected from among the ranks of police,
firefighters, emergency medical technicians, rescue workers,
and hospital personnel who are employed in communities, tribal
governments, and political subdivisions of various regions and
population sizes.
(3) The Director of Homeland Security shall appoint a
Chairman of the Council.
(4) Members shall be appointed to the Council for a term of 3
years.
(5) Membership shall be staggered to provide continuity.
(6) The Council shall meet no fewer than 2 times each year.
(7) Members of the Council shall receive no compensation for
service on the Council.
(8) The Secretary shall detail a single employee from the
Department of Homeland Security to the Council for the purposes
of:
(A) Choosing meeting dates and locations.
(B) Coordinating travel.
(C) Other administrative functions as needed.
(c) Duties.--The Council shall have the following duties:
(1) Develop a plan to disseminate information on first
response best practices.
(2) Identify and educate the Secretary on the latest
technological advances in the field of first response.
(3) Identify probable emerging threats to first responders.
(4) Identify needed improvements to first response techniques
and training.
(5) Identify efficient means of communication and
coordination between first responders and local, State, and
Federal officials.
(6) Identify areas in which the Department can assist first
responders.
(7) Evaluate the adequacy and timeliness of resources being
made available to local first responders.
(d) Reporting Requirement.--The Council shall report to the Congress
by October 1 of each year on how first responders can continue to be
most effectively used to meet the ever-changing challenges of providing
homeland security for the United States.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Under Secretary for Information Analysis and Infrastructure
Protection
SEC. 201. UNDER SECRETARY FOR INFORMATION ANALYSIS AND INFRASTRUCTURE
PROTECTION.
The Secretary, acting through the Under Secretary for Information
Analysis and Infrastructure Protection, shall be responsible for the
following:
(1) Conducting analysis of information, including foreign
intelligence and open source information, lawfully collected by
Federal, State and local law enforcement agencies and by
elements of the intelligence community with respect to threats
of terrorist acts against the United States.
(2) Integrating information, intelligence, and intelligence
analyses to produce and disseminate infrastructure
vulnerability assessments with respect to such threats.
(3) Identifying priorities for protective and support
measures by the Department, by other executive agencies, by
State and local governments, by the private sector, and by
other entities.
(4) Reviewing, analyzing, and recommending improvements in
law, policy, and procedure for the sharing of intelligence and
other information with respect to threats against the United
States within the Federal Government and between the Federal
Government and State and local governments.
(5) Under the direction of the Secretary, developing a
comprehensive national plan to provide for the security of key
resources and critical infrastructures.
(6) Coordinating with other executive agencies, State and
local government personnel, agencies, and authorities, and the
private sector, to provide advice on implementation of such
comprehensive national plan.
(7) Supporting the intelligence and information requirements
of the Department.
(8) Administering the Homeland Security Advisory System,
exercising primary responsibility for public advisories
relating to terrorist threats, and (in coordination with other
executive agencies) providing specific warning information to
State and local government personnel, agencies, and
authorities, the private sector, other entities, and the
public, as well as advice about appropriate protective actions
and countermeasures.
SEC. 202. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred to the
Secretary the functions, personnel, assets, and obligations of the
following:
(1) The National Infrastructure Protection Center of the
Federal Bureau of Investigation (other than the Computer
Investigations and Operations Section), including the functions
of the Attorney General relating thereto.
(2) The National Communications System of the Department of
Defense, including the functions of the Secretary of Defense
relating thereto.
(3) The Critical Infrastructure Assurance Office of the
Department of Commerce, including the functions of the
Secretary of Commerce relating thereto.
(4) The Energy Security and Assurance Program of the
Department of Energy, including the National Infrastructure
Simulation and Analysis Center and the functions of the
Secretary of Energy relating thereto.
(5) The Federal Computer Incident Response Center of the
General Services Administration, including the functions of the
Administrator of General Services relating thereto.
SEC. 203. ACCESS TO INFORMATION.
The Secretary shall have access to all reports, assessments, and
analytical information relating to threats of terrorism in the United
States and to other areas of responsibility described in section
101(b), and to all information concerning infrastructure or other
vulnerabilities of the United States to terrorism, whether or not such
information has been analyzed, that may be collected, possessed, or
prepared by any executive agency, except as otherwise directed by the
President. The Secretary shall also have access to other information
relating to the foregoing matters that may be collected, possessed, or
prepared by an executive agency, as the President may further provide.
With respect to the material to which the Secretary has access under
this section--
(1) the Secretary may obtain such material by request, and
may enter into cooperative arrangements with other executive
agencies to share such material on a regular or routine basis,
including requests or arrangements involving broad categories
of material;
(2) regardless of whether the Secretary has made any request
or entered into any cooperative arrangement pursuant to
paragraph (1), all executive agencies promptly shall provide to
the Secretary--
(A) all reports, assessments, and analytical
information relating to threats of terrorism in the
United States and to other areas of responsibility
described in section 101(b);
(B) all information concerning infrastructure or
other vulnerabilities of the United States to
terrorism, whether or not such information has been
analyzed;
(C) all information relating to significant and
credible threats of terrorism in the United States,
whether or not such information has been analyzed, if
the President has provided that the Secretary shall
have access to such information; and
(D) such other material as the President may further
provide;
(3) the Secretary shall have full access and input with
respect to information from any national collaborative
information analysis capability (as referred to in section 924
of the National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 115 Stat. 1199)) established jointly by
the Secretary of Defense and the Director of Central
Intelligence; and
(4) the Secretary shall ensure that any material received
pursuant to this section is protected from unauthorized
disclosure and handled and used only for the performance of
official duties, and that any intelligence information shared
under this section shall be transmitted, retained, and
disseminated consistent with the authority of the Director of
Central Intelligence to protect intelligence sources and
methods under the National Security Act and related procedures
or, as appropriate, similar authorities of the Attorney General
concerning sensitive law enforcement information.
SEC. 204. PROCEDURES FOR SHARING INFORMATION.
The Secretary shall establish procedures on the use of information
shared under this title that--
(1) limit the redissemination of such information to ensure
that it is not used for an unauthorized purpose;
(2) ensure the security and confidentiality of such
information;
(3) protect the constitutional and statutory rights of any
individuals who are subjects of such information; and
(4) provide data integrity through the timely removal and
destruction of obsolete or erroneous names and information.
SEC. 205. PRIVACY OFFICER.
The Secretary shall appoint a senior official in the Department to
assume primary responsibility for privacy policy, including--
(1) assuring that the use of information technologies
sustain, and do not erode, privacy protections relating to the
use, collection, and disclosure of personal information;
(2) assuring that personal information contained in Privacy
Act systems of records is handled in full compliance with fair
information practices as set out in the Privacy Act of 1974;
(3) evaluating legislative proposals involving collection,
use, and disclosure of personal information by the Federal
Government;
(4) conducting a privacy impact assessment of proposed rules
of the Department or that of the Department on the privacy of
personal information, including the type of personal
information collected and the number of people affected; and
(5) preparing a report to Congress on an annual basis on
activities of the Department that affect privacy, including
complaints of privacy violations, implementation of the Privacy
Act of 1974, internal controls, and other matters.
SEC. 206. FEDERAL CYBERSECURITY PROGRAM.
(a) In General.--The Secretary, acting through the Under Secretary
for Information Analysis and Infrastructure Protection, shall establish
and manage a program to improve the security of Federal critical
information systems, including carrying out responsibilities under
paragraphs (1) and (2) of section 201 that relate to such systems.
(b) Duties.--The duties of the Secretary under subsection (a) are--
(1) to evaluate the increased use by civilian executive
agencies of techniques and tools to enhance the security of
Federal critical information systems, including, as
appropriate, consideration of cryptography;
(2) to provide assistance to civilian executive agencies in
protecting the security of Federal critical information
systems, including identification of significant risks to such
systems; and
(3) to coordinate research and development for critical
information systems relating to supervisory control and data
acquisition systems, including, as appropriate, the
establishment of a test bed.
(c) Federal Information System Security Team.--
(1) In general.--In carrying out subsection (b)(2), the
Secretary shall establish, manage, and support a Federal
information system security team whose purpose is to provide
technical expertise to civilian executive agencies to assist
such agencies in securing Federal critical information systems
by conducting information security audits of such systems,
including conducting tests of the effectiveness of information
security control techniques and performing logical access
control tests of interconnected computer systems and networks,
and related vulnerability assessment techniques.
(2) Team members.--The Secretary shall ensure that the team
under paragraph (1) includes technical experts and auditors,
computer scientists, and computer forensics analysts whose
technical competence enables the team to conduct audits under
such paragraph.
(3) Agency agreements regarding audits.--Each civilian
executive agency may enter into an agreement with the team
under paragraph (1) for the conduct of audits under such
paragraph of the Federal critical information systems of the
agency. Such agreement shall establish the terms of the audit
and shall include provisions to minimize the extent to which
the audit disrupts the operations of the agency.
(4) Reports.--Promptly after completing an audit under
paragraph (1) of a civilian executive agency, the team under
such paragraph shall prepare a report summarizing the findings
of the audit and making recommendations for corrective action.
Such report shall be submitted to the Secretary, the head of
such agency, and the Inspector General of the agency (if any),
and upon request of any congressional committee with
jurisdiction over such agency, to such committee.
(d) Definition.--For purposes of this section, the term ``Federal
critical information system'' means an ``information system'' as
defined in section 3502 of title 44, United States Code, that--
(1) is, or is a component of, a key resource or critical
infrastructure;
(2) is used or operated by a civilian executive agency or by
a contractor of such an agency; and
(3) does not include any national security system as defined
in section 5142 of the Clinger-Cohen Act of 1996.
Subtitle B--Intelligence Analysis Center
SEC. 211. INTELLIGENCE ANALYSIS CENTER.
(a) Establishment; NFIP Agency.--(1) There is established within the
Department the Intelligence Analysis Center. The Under Secretary for
Information Analysis and Infrastructure Protection shall be the head of
the Intelligence Analysis Center.
(2) The Intelligence Analysis Center is a program of the intelligence
community for purposes of the National Foreign Intelligence Program (as
defined in section 3(6) of the National Security Act of 1947 (50 U.S.C.
401a(6))).
(b) Functions.--The Under Secretary for Information Analysis and
Infrastructure Protection, through the Intelligence Analysis Center,
shall carry out the duties specified in paragraphs (1), (2), (3), (6),
and (7) of section 201(b).
(c) Detail of Certain Personnel.--
(1) In general.--The Secretary and the Director of Central
Intelligence, the Secretary of Defense, the Attorney General,
the Secretary of State, or the head of another agency or
department as the case may be, shall enter into cooperative
arrangements to provide for an appropriate number of
individuals to be detailed to the Under Secretary to perform
analytical functions and duties with respect to the mission of
the Department from the following agencies:
(A) The Central Intelligence Agency.
(B) The Federal Bureau of Investigation.
(C) The National Security Agency.
(D) The National Imagery and Mapping Agency.
(E) The Department of State.
(F) The Defense Intelligence Agency.
(G) Any other agency or department that the President
determines appropriate.
(2) Terms of detail.--Any officer or employee of the United
States or a member of the Armed Forces who is detailed to the
Under Secretary under paragraph (1) shall be detailed on a
reimbursable basis for a period of less than two years for the
performance of temporary functions as required by the Under
Secretary.
(d) Inclusion of Office of Intelligence as an Element of the
Intelligence Community.--Section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (I);
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following new
subparagraph:
``(J) the Intelligence Analysis Center of the
Department of Homeland Security; and''.
SEC. 212. MISSION OF THE INTELLIGENCE ANALYSIS CENTER.
(a) In General.--The mission of the Intelligence Analysis Center is
as follows:
(1) Analysis and production.--
(A) Correlating and evaluating information and
intelligence related to the mission of the Department
collected from all sources available.
(B) Producing all-source collaborative intelligence
analysis, warnings, tactical assessments, and strategic
assessments of the terrorist threat and infrastructure
vulnerabilities of the United States.
(C) Providing appropriate dissemination of such
assessments.
(D) Improving the lines of communication with respect
to homeland security between the Federal Government and
State and local public safety agencies and the private
sector through the timely dissemination of information
pertaining to threats of acts of terrorism against the
United States.
(2) Coordination of information.--Coordinating with elements
of the intelligence community and with Federal, State, and
local law enforcement agencies, and the private sector as
appropriate.
(3) Additional Duties.--Performing such other functions as
the Secretary may direct.
(b) Strategic and Tactical Missions of the Intelligence Analysis
Center.--The Under Secretary shall conduct strategic and tactical
assessments and warnings through the Intelligence Analysis Center,
including research, analysis, and the production of assessments on the
following as they relate to the mission of the Department:
(1) Domestic terrorism.
(2) International terrorism.
(3) Counterintelligence.
(4) Transnational crime.
(5) Proliferation of weapons of mass destruction.
(6) Illicit financing of terrorist activities.
(7) Cybersecurity and cybercrime.
(8) Key resources and critical infrastructures.
(c) Staffing of the Intelligence Analysis Center.--
(1) Functions transferred.--In accordance with title VIII,
for purposes of carrying out this title, there is transferred
to the Under Secretary the functions, personnel, assets, and
liabilities of the following entities:
(A) The National Infrastructure Protection Center of
the Federal Bureau of Investigation (other than the
Computer Investigations and Operations Section).
(B) The Critical Infrastructure Assurance Office of
the Department of Commerce.
(C) The Federal Computer Incident Response Center of
the General Services Administration.
(D) The National Infrastructure Simulation and
Analysis Center of the Department of Energy.
(E) The National Communications System of the
Department of Defense.
(F) The intelligence element of the Coast Guard.
(G) The intelligence element of the United States
Customs Service.
(H) The intelligence element of the Immigration and
Naturalization Service.
(I) The intelligence element of the Transportation
Security Administration.
(J) The intelligence element of the Federal
Protective Service.
(2) Structure.--It is the sense of Congress that the Under
Secretary should model the Intelligence Analysis Center on the
technical, analytic approach of the Information Dominance
Center of the Department of the Army to the maximum extent
feasible and appropriate.
TITLE III--SCIENCE AND TECHNOLOGY
SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY.
The Secretary, acting through the Under Secretary for Science and
Technology, shall have responsibility for--
(1) developing, in consultation with other appropriate
executive agencies, a national policy and strategic plan for,
identifying priorities, goals, objectives and policies for, and
coordinating the Federal Government's civilian efforts to
identify and develop countermeasures to chemical, biological
radiological, nuclear and other emerging terrorist threats,
including the development of comprehensive, research-based
definable goals for such efforts and development of annual
measurable objectives and specific targets to accomplish and
evaluate the goals for such efforts;
(2) establishing and administering the primary research and
development activities of the Department, including the long-
term research and development needs and capabilities for all
elements of the Department;
(3) conducting basic and applied research, development,
demonstration, testing, and evaluation activities that are
relevant to any or all elements of the Department, through both
intramural and extramural programs; provided that such
responsibility does not extend to human health-related research
and development activities;
(4) coordinating and integrating all research, development,
demonstration, testing, and evaluation activities of the
Department;
(5) coordinating with other appropriate executive agencies in
developing and carrying out the science and technology agenda
of the Department to reduce duplication and identify unmet
needs;
(6) establishing Federal priorities for research,
development, demonstration, testing, and, as appropriate,
procurement and transitional operation of technology and
systems--
(A) for preventing the importation of chemical,
biological, radiological, and nuclear weapons and
related materials;
(B) for detecting, preventing, and protecting against
terrorist attacks that involve such weapons or related
materials; and
(C) for interoperability of communications systems
for emergency response providers;
(7) ensuring that the research, development, demonstration,
testing, and evaluation activities of the Department are
aligned with the Department's procurement needs;
(8) facilitating the deployment of technology that will serve
to enhance homeland security, including through the
establishment of a centralized Federal repository for
information relating to technologies described in subparagraphs
(A), (B), and (C) of paragraph (6) for dissemination to
Federal, State, and local government and private sector
entities, and for information for persons seeking guidance on
how to pursue proposals to develop or deploy technologies that
would contribute to homeland security;
(9) providing guidance, recommendations, and technical
assistance as appropriate to assist Federal, State, and local
government and private sector efforts to evaluate and implement
the use of technologies described in subparagraphs (A), (B),
and (C) of paragraph (6); and
(10) developing and overseeing the administration of
guidelines for merit review of research and development
projects throughout the Department, and for the dissemination
of research conducted or sponsored by the Department.
SEC. 302. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred to the
Secretary the functions, personnel, assets, and obligations of the
following:
(1) The program under section 351A of the Public Health
Service Act, and functions thereof, including the functions of
the Secretary of Health and Human Services relating thereto,
subject to the amendments made by section 906(a)(3), except
that such transfer shall not occur unless the program under
section 212 of the Agricultural Bioterrorism Protection Act of
2002 (subtitle B of title II of Public Law 107-188), and
functions thereof, including the functions of the Secretary of
Agriculture relating thereto, is transferred to the Department.
(2) Programs and activities of the Department of Energy,
including the functions of the Secretary of Energy relating
thereto (but not including programs and activities relating to
the strategic nuclear defense posture of the United States), as
follows:
(A) The programs and activities relating to chemical
and biological national security, and supporting
programs and activities directly related to homeland
security, of the non-proliferation and verification
research and development program.
(B) The programs and activities relating to nuclear
smuggling, and other programs and activities directly
related to homeland security, within the proliferation
detection program of the non-proliferation and
verification research and development program.
(C) Those aspects of the nuclear assessment program
of the international materials protection and
cooperation program that are directly related to
homeland security.
(D) Such life sciences activities of the biological
and environmental research program related to microbial
pathogens as may be designated by the President for
transfer to the Department and that are directly
related to homeland security.
(E) The Environmental Measurements Laboratory.
(F) The advanced scientific computing research
program and activities at Lawrence Livermore National
Laboratory.
(3) The homeland security projects within the Chemical
Biological Defense Program of the Department of Defense known
as the Biological Defense Homeland Security Support Program and
the Biological Counter-Terrorism Research Program.
SEC. 303. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES.
With respect to civilian human health-related research and
development activities relating to countermeasures for chemical,
biological, radiological, and nuclear and other emerging terrorist
threats carried out by the Department of Health and Human Services
(including the Public Health Service), the Secretary of Health and
Human Services shall set priorities, goals, objectives, and policies
and develop a coordinated strategy for such activities in collaboration
with the Secretary of Homeland Security to ensure consistency with the
national policy and strategic plan developed pursuant to section
301(1).
SEC. 304. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER.
The Secretary, acting through the Under Secretary for Science and
Technology, shall have the authority to establish or contract with one
or more federally funded research and development centers to provide
independent analysis of homeland security issues, or to carry out other
responsibilities under this Act, including coordinating and integrating
both the extramural and intramural programs described in section 307.
SEC. 305. MISCELLANEOUS PROVISIONS.
(a) Classification.--To the greatest extent practicable, research
conducted or supported by the Department shall be unclassified.
(b) Construction.--Nothing in this title shall be construed to
preclude any Under Secretary of the Department from carrying out
research, development, demonstration, or deployment activities, as long
as such activities are coordinated through the Under Secretary for
Science and Technology.
(c) Regulations.--The Secretary, acting through the Under Secretary
for Science and Technology, may issue necessary regulations with
respect to research, development, demonstration, testing, and
evaluation activities of the Department, including the conducting,
funding, and reviewing of such activities.
(d) Notification of Presidential Life Sciences Designations.--Not
later than 60 days before effecting any transfer of Department of
Energy life sciences activities pursuant to section 302(2)(D) of this
Act, the President shall notify the Congress of the proposed transfer
and shall include the reasons for the transfer and a description of the
effect of the transfer on the activities of the Department of Energy.
SEC. 306. HOMELAND SECURITY SCIENCE AND TECHNOLOGY COORDINATION
COUNCIL.
(a) Establishment and Composition.--There is established within the
Department a Homeland Security Science and Technology Coordination
Council (in this section referred to as the ``Coordination Council'').
The Coordination Council shall be composed of all the Under Secretaries
of the Department and any other Department officials designated by the
Secretary, and shall be chaired by the Under Secretary for Science and
Technology. The Coordination Council shall meet at the call of the
chair.
(b) Responsibilities.--The Coordination Council shall--
(1) establish priorities for research, development,
demonstration, testing, and evaluation activities conducted or
supported by the Department;
(2) ensure that the priorities established under paragraph
(1) reflect the acquisition needs of the Department; and
(3) assist the Under Secretary for Science and Technology in
carrying out his responsibilities under section 301(4).
SEC. 307. CONDUCT OF RESEARCH, DEVELOPMENT, DEMONSTRATION, TESTING AND
EVALUATION.
(a) In General.--The Secretary, acting through the Under Secretary
for Science and Technology, shall carry out the responsibilities under
section 301(3) through both extramural and intramural programs.
(b) Extramural Programs.--(1) The Secretary, acting through the Under
Secretary for Science and Technology, shall operate extramural
research, development, demonstration, testing, and evaluation programs
so as to--
(A) ensure that colleges, universities, private research
institutes, and companies (and consortia thereof) from as many
areas of the United States as practicable participate; and
(B) distribute funds through grants, cooperative agreements,
and contracts through competitions that are as open as
possible.
(2)(A) The Secretary, acting through the Under Secretary for Science
and Technology, shall establish within 1 year of the date of enactment
of this Act a university-based center or centers for homeland security.
The purpose of this center or centers shall be to establish a
coordinated, university-based system to enhance the Nation's homeland
security.
(B) In selecting colleges or universities as centers for homeland
security, the Secretary shall consider the following criteria:
(i) Demonstrated expertise in the training of first
responders.
(ii) Demonstrated expertise in responding to incidents
involving weapons of mass destruction and biological warfare.
(iii) Demonstrated expertise in emergency medical services.
(iv) Demonstrated expertise in chemical, biological,
radiological, and nuclear countermeasures.
(v) Strong affiliations with animal and plant diagnostic
laboratories.
(vi) Demonstrated expertise in food safety.
(vii) Affiliation with Department of Agriculture laboratories
or training centers.
(viii) Demonstrated expertise in water and wastewater
operations.
(ix) Demonstrated expertise in port and waterway security.
(x) Demonstrated expertise in multi-modal transportation.
(xi) Nationally recognized programs in information security.
(xii) Nationally recognized programs in engineering.
(xiii) Demonstrated expertise in educational outreach and
technical assistance.
(xiv) Demonstrated expertise in border transportation and
security.
(xv) Demonstrated expertise in interdisciplinary public
policy research and communication outreach regarding science,
technology, and public policy.
(C) The Secretary shall have the discretion to establish such centers
and to consider additional criteria as necessary to meet the evolving
needs of homeland security and shall report to Congress concerning the
implementation of this paragraph as necessary.
(D) There are authorized to be appropriated such sums as may be
necessary to carry out this paragraph.
(c) Intramural Programs.--(1) In carrying out the duties under
section 301, the Secretary, acting through the Under Secretary for
Science and Technology, may draw upon the expertise of any laboratory
of the Federal Government, whether operated by a contractor or the
Government.
(2) The Secretary, acting through the Under Secretary for Science and
Technology, may establish a headquarters laboratory for the Department
at any national laboratory and may establish additional laboratory
units at other national laboratories.
(3) If the Secretary chooses to establish a headquarters laboratory
pursuant to paragraph (2), then the Secretary shall do the following:
(A) Establish criteria for the selection of the headquarters
laboratory in consultation with the National Academy of
Sciences, appropriate Federal agencies, and other experts.
(B) Publish the criteria in the Federal Register.
(C) Evaluate all appropriate national laboratories against
the criteria.
(D) Select a national laboratory on the basis of the
criteria.
(E) Report to the appropriate congressional committees on
which laboratory was selected, how the selected laboratory
meets the published criteria, and what duties the headquarters
laboratory shall perform.
(4) No laboratory shall begin operating as the headquarters
laboratory of the Department until at least 30 days after the
transmittal of the report required by paragraph (3)(E).
SEC. 308. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER, DEPARTMENT OF
AGRICULTURE.
(a) Transfer Required.--In accordance with title VIII, the Secretary
of Agriculture shall transfer to the Secretary of Homeland Security the
Plum Island Animal Disease Center of the Department of Agriculture,
including the assets and liabilities of the Center.
(b) Continued Department of Agriculture Access.--Upon the transfer of
the Plum Island Animal Disease Center, the Secretary of Homeland
Security and the Secretary of Agriculture shall enter into an agreement
to ensure Department of Agriculture access to the center for research,
diagnostic, and other activities of the Department of Agriculture.
(c) Notification.--At least 180 days before any change in the
biosafety level at the facility described in subsection (a), the
President shall notify the Congress of the change and describe the
reasons therefor. No such change may be made until at least 180 days
after the completion of the transition period defined in section
801(2).
TITLE IV--BORDER AND TRANSPORTATION SECURITY
Subtitle A--General Provisions
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY.
The Secretary, acting through the Under Secretary for Border and
Transportation Security, shall be responsible for the following:
(1) Preventing the entry of terrorists and the instruments of
terrorism into the United States.
(2) Securing the borders, territorial waters, ports,
terminals, waterways, and air, land, and sea transportation
systems of the United States, including managing and
coordinating governmental activities at ports of entry.
(3) Carrying out the immigration enforcement functions vested
by statute in, or performed by, the Commissioner of Immigration
and Naturalization (or any officer, employee, or component of
the Immigration and Naturalization Service) immediately before
the date on which the transfer of functions specified under
section 411 takes effect.
(4) Establishing and administering rules, in accordance with
section 403, governing the granting of visas or other forms of
permission, including parole, to enter the United States to
individuals who are not a citizen or an alien lawfully admitted
for permanent residence in the United States.
(5) Except as provided in subtitle C, administering the
customs laws of the United States.
(6) Conducting the inspection and related administrative
functions of the Department of Agriculture transferred to the
Secretary of Homeland Security under section 404.
(7) In carrying out the foregoing responsibilities, ensuring
the speedy, orderly, and efficient flow of lawful traffic and
commerce.
SEC. 402. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred to the
Secretary the functions, personnel, assets, and obligations of the
following:
(1) The United States Customs Service, except as provided in
subtitle C.
(2) The Coast Guard of the Department of Transportation,
which shall be maintained as a distinct entity within the
Department, including the functions of the Secretary of
Transportation relating thereto.
(3) The Transportation Security Administration of the
Department of Transportation, including the functions of the
Secretary of Transportation, and of the Under Secretary of
Transportation for Security, relating thereto.
(4) The Federal Protective Service of the General Services
Administration, including the functions of the Administrator of
General Services relating thereto.
(5) The Office of National Preparedness of the Federal
Emergency Management Agency, including the functions of the
Director of the Federal Emergency Management Agency relating
thereto.
(6) The Office for Domestic Preparedness of the Office of
Justice Programs of the Department of Justice, including the
functions of the Attorney General relating thereto.
(7) The National Domestic Preparedness Office of the Federal
Bureau of Investigation, including the functions of the
Attorney General relating thereto.
(8) The Domestic Emergency Support Teams of the Department of
Justice, including the functions of the Attorney General
relating thereto.
SEC. 403. VISA ISSUANCE.
(a) In General.--Notwithstanding section 104(a) of the Immigration
and Nationality Act (8 U.S.C. 1104(a)) or any other provision of law,
and except as provided in subsection (b) of this section, the
Secretary--
(1) shall be vested exclusively with all authorities to issue
regulations with respect to, administer, and enforce the
provisions of such Act, and of all other immigration and
nationality laws, relating to the functions of consular
officers of the United States in connection with the granting
or refusal of visas, and shall have the authority to refuse
visas in accordance with law and to develop programs of
homeland security training for consular officers (in addition
to consular training provided by the Secretary of State), which
authorities shall be exercised through the Secretary of State,
except that the Secretary shall not have authority to alter or
reverse the decision of a consular officer to refuse a visa to
an alien; and
(2) shall have authority to confer or impose upon any officer
or employee of the United States, with the consent of the head
of the executive agency under whose jurisdiction such officer
or employee is serving, any of the functions specified in
paragraph (1).
(b) Authority of the Secretary of State.--
(1) In general.--Notwithstanding subsection (a), the
Secretary of State may direct a consular officer to refuse a
visa to an alien if the Secretary of State deems such refusal
necessary or advisable in the foreign policy or security
interests of the United States.
(2) Construction regarding authority.--Nothing in this
section shall be construed as affecting the authorities of the
Secretary of State under the following provisions of law:
(A) Section 101(a)(15)(A) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(A)).
(B) Section 204(d)(2) of the Immigration and
Nationality Act (8 U.S.C. 1154) (as it will take effect
upon the entry into force of the Convention on
Protection of Children and Cooperation in Respect to
Inter-Country Adoption).
(C) Section 212(a)(3)(B)(vi)(II) of the Immigration
and Nationality Act.
(D) Section 212(a)(3)(C) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(C)).
(E) Section 212(a)(10)(C) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(10)(C)).
(F) Section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)).
(G) Section 237(a)(4)(C) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(4)(C)).
(H) Section 401 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6034;
Public Law 104-114).
(I) Section 613 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999 (as contained in section
101(b) of division A of Public Law 105-277) (Omnibus
Consolidated and Emergency Supplemental Appropriations
Act, 1999; 112 Stat. 2681; H.R. 4328 (originally H.R.
4276) as amended by section 617 of Public Law 106-553).
(J) Section 801 of H.R. 3427, the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001, as enacted by
reference in Public Law 106-113.
(K) Section 568 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
2002 (Public Law 107-115).
(3) Construction regarding delegation of authority.--Nothing
in this section shall be construed to affect any delegation of
authority to the Secretary of State by the President pursuant
to any proclamation issued under section 212(f) of the
Immigration and Nationality Act (8 U.S.C. 1182(f)).
(c) Assignment of Homeland Security Employees to Diplomatic and
Consular Posts.--
(1) In general.--The Secretary is authorized to assign
employees of the Department of Homeland Security to any
diplomatic and consular posts abroad to perform the following
functions:
(A) Provide expert advice and training to consular
officers regarding specific security threats relating
to individual visa applications or classes of
applications.
(B) Review any or all such applications prior to
their adjudication, either on the initiative of the
employee of the Department of Homeland Security or upon
request by a consular officer or other person charged
with adjudicating such applications.
(C) Conduct investigations with respect to matters
under the jurisdiction of the Secretary.
(2) Permanent assignment; participation in terrorist lookout
committee.--When appropriate, employees of the Department of
Homeland Security assigned to perform functions described in
paragraph (1) may be assigned permanently to overseas
diplomatic or consular posts with country-specific or regional
responsibility. If the Secretary so directs, any such employee,
when present at an overseas post, shall participate in the
terrorist lookout committee established under section 304 of
the Enhanced Border Security and Visa Entry Reform Act of 2002
(8 U.S.C. 1733).
(3) Training and hiring.--
(A) The Secretary shall ensure that any employees of
the Department of Homeland Security assigned to perform
functions described in paragraph (1) shall be provided
all necessary training to enable them to carry out such
functions, including training in foreign languages,
interview techniques, fraud detection techniques, and
other skills required by such employees, in conditions
in the particular country where each employee is
assigned, and in other appropriate areas of study.
(B) The Secretary shall promulgate regulations within
60 days of the enactment of this Act establishing
foreign language proficiency requirements for employees
of the Department performing the functions described in
paragraph (1) and providing that preference shall be
given to individuals who meet such requirements in
hiring employees for the performance of such functions.
(C) The Secretary is authorized to use the National
Foreign Affairs Training Center, on a reimbursable
basis, to obtain the training described in subparagraph
(A).
(d) No Creation of Private Right of Action.--Nothing in this section
shall be construed to create or authorize a private right of action to
challenge a decision of a consular officer or other United States
official or employee to grant or deny a visa.
(e) Study Regarding Use of Foreign Nationals.--
(1) In general.--The Secretary of Homeland Security shall
conduct a study of the role of foreign nationals in the
granting or refusal of visas and other documents authorizing
entry of aliens into the United States. The study shall address
the following:
(A) The proper role, if any, of foreign nationals in
the process of rendering decisions on such grants and
refusals.
(B) Any security concerns involving the employment of
foreign nationals.
(C) Whether there are cost-effective alternatives to
the use of foreign nationals.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report
containing the findings of the study conducted under paragraph
(1) to the Committee on the Judiciary, the Committee on
International Relations, and the Committee on Government Reform
of the House of Representatives, and the Committee on the
Judiciary, the Committee on Foreign Relations, and the
Committee on Government Affairs of the Senate.
(f) Report.--Not later than 120 days after the date of the enactment
of this Act, the Director of the Office of Science and Technology
Policy shall submit to the Congress a report on how the provisions of
this section will affect procedures for the issuance of student visas.
(g) Visa Issuance Program for Saudi Arabia.--Notwithstanding any
other provision of law, after the date of the enactment of this Act all
third party screening, interview waiver, or other non-interview visa
issuance programs in Saudi Arabia shall be terminated. On-site
personnel of the Department of Homeland Security shall review all visa
applications prior to adjudication. All visa applicants in Saudi Arabia
shall be interviewed unless on-site personnel of the Department of
Homeland Security determine, in writing and pursuant to written
guidelines issued by the Secretary of Homeland Security, that the alien
is unlikely to present a risk to homeland security. The Secretary of
Homeland Security shall promulgate such guidelines not later than 30
days after the date of the enactment of this Act.
SEC. 404. TRANSFER OF CERTAIN AGRICULTURAL INSPECTION FUNCTIONS OF THE
DEPARTMENT OF AGRICULTURE.
(a) Transfer of Agricultural Import and Entry Inspection Functions.--
There shall be transferred to the Secretary of Homeland Security the
functions of the Secretary of Agriculture relating to agricultural
import and entry inspection activities under the laws specified in
subsection (b).
(b) Covered Animal and Plant Protection Laws.--The laws referred to
in subsection (a) are the following:
(1) The Act commonly known as the Virus-Serum-Toxin Act (the
eighth paragraph under the heading ``Bureau of Animal
Industry'' in the Act of March 4, 1913; 21 U.S.C. 151 et seq.).
(2) Section 1 of the Act of August 31, 1922 (commonly known
as the Honeybee Act; 7 U.S.C. 281).
(3) Title III of the Federal Seed Act (7 U.S.C. 1581 et
seq.).
(4) The Plant Protection Act (7 U.S.C. 7701 et seq.).
(5) The Animal Protection Act (subtitle E of title X of
Public Law 107-171; 7 U.S.C. 8301 et seq.).
(6) The Lacey Act Amendments of 1981 (16 U.S.C. 3371 et
seq.).
(7) Section 11 of the Endangered Species Act of 1973 (16
U.S.C. 1540).
(c) Exclusion of Quarantine Activities.--For purposes of this
section, the term ``functions'' does not include any quarantine
activities carried out under the laws specified in subsection (b).
(d) Effect of Transfer.--
(1) Compliance with department of agriculture regulations.--
The authority transferred pursuant to subsection (a) shall be
exercised by the Secretary of Homeland Security in accordance
with the regulations, policies, and procedures issued by the
Secretary of Agriculture regarding the administration of the
laws specified in subsection (b).
(2) Rulemaking coordination.--The Secretary of Agriculture
shall coordinate with the Secretary of Homeland Security
whenever the Secretary of Agriculture prescribes regulations,
policies, or procedures for administering the laws specified in
subsection (b) at the locations referred to in subsection (a).
(3) Effective administration.--The Secretary of Homeland
Security, in consultation with the Secretary of Agriculture,
may issue such directives and guidelines as are necessary to
ensure the effective use of personnel of the Department of
Homeland Security to carry out the functions transferred
pursuant to subsection (a).
(e) Transfer Agreement.--
(1) Agreement required; revision.--Before the end of the
transition period, as defined in section 801(2), the Secretary
of Agriculture and the Secretary of Homeland Security shall
enter into an agreement to effectuate the transfer of functions
required by subsection (a). The Secretary of Agriculture and
the Secretary of Homeland Security may jointly revise the
agreement as necessary thereafter.
(2) Required Terms.--The agreement required by this
subsection shall specifically address the following:
(A) The supervision by the Secretary of Agriculture
of the training of employees of the Secretary of
Homeland Security to carry out the functions
transferred pursuant to subsection (a).
(B) The transfer of funds to the Secretary of
Homeland Security under subsection (f).
(3) Cooperation and reciprocity.--The Secretary of
Agriculture and the Secretary of Homeland Security may include
as part of the agreement the following:
(A) Authority for the Secretary of Homeland Security
to perform functions delegated to the Animal and Plant
Health Inspection Service of the Department of
Agriculture regarding the protection of domestic
livestock and plants, but not transferred to the
Secretary of Homeland Security pursuant to subsection
(a).
(B) Authority for the Secretary of Agriculture to use
employees of the Department of Homeland Security to
carry out authorities delegated to the Animal and Plant
Health Inspection Service regarding the protection of
domestic livestock and plants.
(f) Periodic Transfer of Funds to Department of Homeland Security.--
(1) Transfer of funds.--Out of funds collected by fees
authorized under sections 2508 and 2509 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.
136, 136a), the Secretary of Agriculture shall transfer, from
time to time in accordance with the agreement under subsection
(e), to the Secretary of Homeland Security funds for activities
carried out by the Secretary of Homeland Security for which
such fees were collected.
(2) Limitation.--The proportion of fees collected pursuant to
such sections that are transferred to the Secretary of Homeland
Security under this subsection may not exceed the proportion of
the costs incurred by the Secretary of Homeland Security to all
costs incurred to carry out activities funded by such fees.
(g) Transfer of Department of Agriculture Employees.--During the
transition period, the Secretary of Agriculture shall transfer to the
Secretary of Homeland Security not more than 3,200 full-time equivalent
positions of the Department of Agriculture.
(h) Protection of Inspection Animals.--Title V of the Agricultural
Risk Protection Act of 2000 (7 U.S.C. 2279e, 2279f) is amended--
(1) in section 501(a)--
(A) by inserting ``or the Department of Homeland
Security'' after ``Department of Agriculture''; and
(B) by inserting ``or the Secretary of Homeland
Security'' after ``Secretary of Agriculture'';
(2) by striking ``Secretary'' each place it appears (other
than in sections 501(a) and 501(e)) and inserting ``Secretary
concerned''; and
(3) by adding at the end of section 501 the following new
subsection:
``(e) Secretary Concerned Defined.--In this title, the term
`Secretary concerned' means--
``(1) the Secretary of Agriculture, with respect to an animal
used for purposes of official inspections by the Department of
Agriculture; and
``(2) the Secretary of Homeland Security, with respect to an
animal used for purposes of official inspections by the
Department of Homeland Security.''.
SEC. 405. FUNCTIONS OF ADMINISTRATOR OF GENERAL SERVICES.
(a) Operation, Maintenance, and Protection of Federal Buildings and
Grounds.--Nothing in this Act may be construed to affect the functions
or authorities of the Administrator of General Services with respect to
the operation, maintenance, and protection of buildings and grounds
owned or occupied by the Federal Government and under the jurisdiction,
custody, or control of the Administrator. Except for the law
enforcement and related security functions transferred under section
402(4), the Administrator shall retain all powers, functions, and
authorities vested in the Administrator under the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) and other
provisions of law that are necessary for the operation, maintenance,
and protection of such buildings and grounds.
(b) Collection of Rents and Fees; Federal Buildings Fund.--
(1) Statutory construction.--Nothing in this Act may be
construed--
(A) to direct the transfer of, or affect, the
authority of the Administrator of General Services to
collect rents and fees, including fees collected for
protective services; or
(B) to authorize the Secretary or any other official
in the Department to obligate amounts in the Federal
Buildings Fund established by section 210(f) of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 490(f)).
(2) Use of transferred amounts.--Any amounts transferred by
the Administrator of General Services to the Secretary out of
rents and fees collected by the Administrator shall be used by
the Secretary solely for the protection of buildings or grounds
owned or occupied by the Federal Government.
SEC. 406. FUNCTIONS OF TRANSPORTATION SECURITY ADMINISTRATION.
(a) Consultation With Federal Aviation Administration.--The Secretary
and other officials in the Department shall consult with the
Administrator of the Federal Aviation Administration before taking any
action that might affect aviation safety, air carrier operations,
aircraft airworthiness, or the use of airspace. The Secretary shall
establish a liaison office within the Department for the purpose of
consulting with the Administrator of the Federal Aviation
Administration.
(b) Report to Congress.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Transportation shall transmit
to Congress a report containing a plan for complying with the
requirements of section 44901(d) of title 49, United States Code.
(c) Limitations on Statutory Construction.--
(1) Grant of authority.--Nothing in this Act may be construed
to vest in the Secretary or any other official in the
Department any authority over transportation security that is
not vested in the Under Secretary of Transportation for
Security, or in the Secretary of Transportation under chapter
449 of title 49, United States Code, on the day before the date
of enactment of this Act.
(2) Obligation of aip funds.--Nothing in this Act may be
construed to authorize the Secretary or any other official in
the Department to obligate amounts made available under section
48103 of title 49, United States Code.
SEC. 407. PRESERVATION OF TRANSPORTATION SECURITY ADMINISTRATION AS A
DISTINCT ENTITY.
(a) In General.--Notwithstanding any other provision of this Act, and
subject to subsection (b), the Transportation Security Administration
shall be maintained as a distinct entity within the Department under
the Under Secretary for Border Transportation and Security.
(b) Sunset.--Subsection (a) shall cease to apply two years after the
date of enactment of this Act.
SEC. 408. ANNUAL ASSESSMENT OF TERRORIST-RELATED THREATS TO PUBLIC
TRANSPORTATION.
On an annual basis, the Secretary, in consultation with the heads of
other appropriate Federal departments and agencies, shall conduct an
assessment of terrorist-related threats to all forms of public
transportation, including public gathering areas related to public
transportation.
SEC. 409. EXPLOSIVE DETECTION SYSTEMS.
(a) Installation of Systems.--Section 44901(d) of title 49, United
States Code, is amended by adding at the end the following:
``(2) Modification of airport terminal buildings to
accommodate explosive detection systems.--
``(A) Notification of airports.--Not later than
October 1, 2002, the Under Secretary shall notify the
owner or operator of each United States airport
described in section 44903(c) of the number and type of
explosive detection systems that will be required to be
deployed at the airport in order to screen all checked
baggage by explosive detection systems without imposing
unreasonable delays on the passengers using the
airport.
``(B) Assessments of airport terminal buildings.--If
the owner or operator of a United States airport
described in section 44903(c) determines that the
airport will not be able to make the modifications to
the airport's terminal buildings that are necessary to
accommodate the explosive detection systems required
under subparagraph (A) in a cost-effective manner on or
before December 31, 2002, the owner or operator shall
provide notice of that determination to the Under
Secretary not later than November 1, 2002.
``(C) Plans for making modifications to airport
terminal buildings.--
``(i) In general.--If the owner or operator
of an airport provides notice to the Under
Secretary under subparagraph (B), the Under
Secretary, in consultation with the owner or
operator, shall develop, not later than
December 1, 2002, a plan for making necessary
modifications to the airport's terminal
buildings so as to deploy and fully utilize
explosive detection systems to screen all
checked baggage.
``(ii) Deadline.--A plan developed under this
subparagraph shall include a date for executing
the plan. All such plans shall be executed as
expeditiously as practicable but not later than
December 31, 2003.
``(iii) Transmission of plans to congress.--
On the date of completion of a plan under this
subparagraph, the Under Secretary shall
transmit a copy of the plan to Congress. For
security purposes, information contained in the
plan shall not be disclosed to the public.
``(D) Requirements for plans.--A plan developed and
published under subparagraph (C), shall provide for, to
the maximum extent practicable--
``(i) the deployment of explosive detection
systems in the baggage sorting area or other
non-public area rather than the lobby of an
airport terminal building; and
``(ii) the deployment of state of the art
explosive detection systems that have high
throughput, low false alarm rates, and high
reliability without reducing detection rates.
``(E) Use of screening methods other than eds.--
Notwithstanding the deadline in paragraph (1)(A), after
December 31, 2002, if explosive detection systems are
not screening all checked baggage at a United States
airport described in section 44903(c), such baggage
shall be screened by the methods described in
subsection (e) until such time as all checked baggage
is screened by explosive detection systems at the
airport.
``(3) Purchase of explosive detection systems.--Any explosive
detection system required to be purchased under paragraph
(2)(A) shall be purchased by the Under Secretary.
``(4) Explosive detection system defined.--In this
subsection, the term `explosive detection system' means a
device, or combination of devices, that can detect different
types of explosives.''.
(b) Correction of Reference.--Section 44901(e) of title 49, United
States Code, is amended by striking ``(b)(1)(A)'' and inserting
``(d)(1)(A)''.
SEC. 410. TRANSPORTATION SECURITY.
(a) Transportation Security Oversight Board.--
(1) Establishment.--Section 115(a) of title 49, United States
Code, is amended by striking ``Department of Transportation''
and inserting ``Department of Homeland Security''.
(2) Membership.--Section 115(b)(1) of title 49, United States
Code, is amended--
(A) by striking subparagraph (G);
(B) by redesignating subparagraphs (A) through (F) as
subparagraphs (B) through (G), respectively; and
(C) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) The Secretary of Homeland Security, or the
Secretary's designee.''.
(3) Chairperson.--Section 115(b)(2) of title 49, United
States Code, is amended by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security''.
(b) Approval of AIP Grant Applications for Security Activities.--
Section 47106 of title 49, United States Code, is amended by adding at
the end the following:
``(g) Consultation With Secretary of Homeland Security.--The
Secretary shall consult with the Secretary of Homeland Security before
approving an application under this subchapter for an airport
development project grant for activities described in section
47102(3)(B)(ii) (relating to security equipment) or section
47102(3)(B)(x) (relating to installation of bulk explosive detection
systems).''.
Subtitle B--Immigration and Nationality Functions
CHAPTER 1--IMMIGRATION ENFORCEMENT
SEC. 411. TRANSFER OF FUNCTIONS TO UNDER SECRETARY FOR BORDER AND
TRANSPORTATION SECURITY.
In accordance with title VIII, there shall be transferred from the
Commissioner of Immigration and Naturalization to the Under Secretary
for Border and Transportation Security all functions performed under
the following programs, and all personnel, assets, and liabilities
pertaining to such programs, immediately before such transfer occurs:
(1) The Border Patrol program.
(2) The detention and removal program.
(3) The intelligence program.
(4) The investigations program.
(5) The inspections program.
SEC. 412. ESTABLISHMENT OF BUREAU OF BORDER SECURITY.
(a) Establishment of Bureau.--
(1) In general.--There is established in the Department of
Homeland Security a bureau to be known as the ``Bureau of
Border Security''.
(2) Assistant secretary.--The head of the Bureau of Border
Security shall be the Assistant Secretary of the Bureau of
Border Security, who--
(A) shall report directly to the Under Secretary for
Border and Transportation Security; and
(B) shall have a minimum of 10 years professional
experience in law enforcement, at least 5 of which
shall have been years of service in a managerial
capacity.
(3) Functions.--The Assistant Secretary of the Bureau of
Border Security--
(A) shall establish the policies for performing such
functions as are--
(i) transferred to the Under Secretary for
Border and Transportation Security by section
411 and delegated to the Assistant Secretary by
the Under Secretary for Border and
Transportation Security; or
(ii) otherwise vested in the Assistant
Secretary by law;
(B) shall oversee the administration of such
policies; and
(C) shall advise the Under Secretary for Border and
Transportation Security with respect to any policy or
operation of the Bureau of Border Security that may
affect the Bureau of Citizenship and Immigration
Services of the Department of Justice established under
chapter 2, including potentially conflicting policies
or operations.
(4) Program to collect information relating to foreign
students.--The Assistant Secretary of the Bureau of Border
Security shall be responsible for administering the program to
collect information relating to nonimmigrant foreign students
and other exchange program participants described in section
641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), including the
Student and Exchange Visitor Information System established
under that section, and shall use such information to carry out
the enforcement functions of the Bureau.
(5) Managerial rotation program.--
(A) In general.--Not later than 1 year after the date
on which the transfer of functions specified under
section 411 takes effect, the Assistant Secretary of
the Bureau of Border Security shall design and
implement a managerial rotation program under which
employees of such bureau holding positions involving
supervisory or managerial responsibility and
classified, in accordance with chapter 51 of title 5,
United States Code, as a GS-14 or above, shall, as a
condition on further promotion--
(i) gain some experience in all the major
functions performed by such bureau; and
(ii) work in at least one local office of
such bureau.
(B) Report.--Not later than 2 years after the date on
which the transfer of functions specified under section
411 takes effect, the Secretary shall submit a report
to the Congress on the implementation of such program.
(b) Chief of Policy and Strategy.--
(1) In general.--There shall be a position of Chief of Policy
and Strategy for the Bureau of Border Security.
(2) Functions.--In consultation with Bureau of Border
Security personnel in local offices, the Chief of Policy and
Strategy shall be responsible for--
(A) establishing national immigration enforcement
policies and priorities;
(B) performing policy research and analysis on
immigration enforcement issues; and
(C) coordinating immigration policy issues with the
Chief of Policy and Strategy for the Bureau of
Citizenship and Immigration Services of the Department
of Justice (established under chapter 2), and the
Assistant Attorney General for Citizenship and
Immigration Services, as appropriate.
(c) Citizenship and Immigration Services Liaison.--
(1) In general.--There shall be a position of Citizenship and
Immigration Services Liaison for the Bureau of Border Security.
(2) Functions.--The Citizenship and Immigration Services
Liaison shall be responsible for the appropriate allocation and
coordination of resources involved in supporting shared support
functions for the Bureau of Citizenship and Immigration
Services of the Department of Justice (established under
chapter 2) and the Bureau of Border Security, including--
(A) information resources management, including
computer databases and information technology;
(B) records and file management; and
(C) forms management.
SEC. 413. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.
The Under Secretary for Border and Transportation Security shall be
responsible for--
(1) conducting investigations of noncriminal allegations of
misconduct, corruption, and fraud involving any employee of the
Bureau of Border Security that are not subject to investigation
by the Inspector General for the Department;
(2) inspecting the operations of the Bureau of Border
Security and providing assessments of the quality of the
operations of such bureau as a whole and each of its
components; and
(3) providing an analysis of the management of the Bureau of
Border Security.
SEC. 414. EMPLOYEE DISCIPLINE.
The Under Secretary for Border and Transportation Security may,
notwithstanding any other provision of law, impose disciplinary action,
including termination of employment, pursuant to policies and
procedures applicable to employees of the Federal Bureau of
Investigation, on any employee of the Bureau of Border Security who
willfully deceives the Congress or agency leadership on any matter.
SEC. 415. REPORT ON IMPROVING ENFORCEMENT FUNCTIONS.
(a) In General.--The Secretary, not later than 1 year after being
sworn into office, shall submit to the Committees on Appropriations and
the Judiciary of the United States House of Representatives and of the
Senate a report with a plan detailing how the Bureau of Border
Security, after the transfer of functions specified under section 411
takes effect, will enforce comprehensively, effectively, and fairly all
the enforcement provisions of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) relating to such functions.
(b) Consultation.--In carrying out subsection (a), the Secretary of
Homeland Security shall consult with the Attorney General, the
Secretary of State, the Assistant Attorney General for Citizenship and
Immigration Services, the Director of the Federal Bureau of
Investigation, the Secretary of the Treasury, the Secretary of Labor,
the Commissioner of Social Security, the Director of the Executive
Office for Immigration Review, and the heads of State and local law
enforcement agencies to determine how to most effectively conduct
enforcement operations.
CHAPTER 2--CITIZENSHIP AND IMMIGRATION SERVICES
Subchapter A--Transfers of Functions
SEC. 421. ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND IMMIGRATION
SERVICES.
(a) Establishment of Bureau.--
(1) In general.--There is established in the Department of
Justice a bureau to be known as the ``Bureau of Citizenship and
Immigration Services''.
(2) Assistant attorney general.--The head of the Bureau of
Citizenship and Immigration Services shall be the Assistant
Attorney General for Citizenship and Immigration Services,
who--
(A) shall report directly to the Deputy Attorney
General; and
(B) shall have a minimum of 10 years professional
experience in the rendering of adjudications on the
provision of government benefits or services, at least
5 of which shall have been years of service in a
managerial capacity or in a position affording
comparable management experience.
(3) Functions.--The Assistant Attorney General for
Citizenship and Immigration Services--
(A) shall establish the policies for performing such
functions as are transferred to the Assistant Attorney
General by this section or this Act or otherwise vested
in the Assistant Attorney General by law;
(B) shall oversee the administration of such
policies;
(C) shall advise the Deputy Attorney General with
respect to any policy or operation of the Bureau of
Citizenship and Immigration Services that may affect
the Bureau of Border Security of the Department of
Homeland Security, including potentially conflicting
policies or operations;
(D) shall meet regularly with the Ombudsman described
in section 422 to correct serious service problems
identified by the Ombudsman; and
(E) shall establish procedures requiring a formal
response to any recommendations submitted in the
Ombudsman's annual report to the Congress within 3
months after its submission to the Congress.
(4) Managerial rotation program.--
(A) In general.--Not later than 1 year after the
effective date specified in section 427, the Assistant
Attorney General for Citizenship and Immigration
Services shall design and implement a managerial
rotation program under which employees of such bureau
holding positions involving supervisory or managerial
responsibility and classified, in accordance with
chapter 51 of title 5, United States Code, as a GS-14
or above, shall, as a condition on further promotion--
(i) gain some experience in all the major
functions performed by such bureau; and
(ii) work in at least one field office and
one service center of such bureau.
(B) Report.--Not later than 2 years after the
effective date specified in section 427, the Attorney
General shall submit a report to the Congress on the
implementation of such program.
(5) Pilot initiatives for backlog elimination.--The Assistant
Attorney General for Citizenship and Immigration Services is
authorized to implement innovative pilot initiatives to
eliminate any remaining backlog in the processing of
immigration benefit applications, and to prevent any backlog in
the processing of such applications from recurring, in
accordance with section 204(a) of the Immigration Services and
Infrastructure Improvements Act of 2000 (8 U.S.C. 1573(a)).
Such initiatives may include measures such as increasing
personnel, transferring personnel to focus on areas with the
largest potential for backlog, and streamlining paperwork.
(b) Transfer of Functions From Commissioner.--There are transferred
from the Commissioner of Immigration and Naturalization to the
Assistant Attorney General for Citizenship and Immigration Services the
following functions, and all personnel, infrastructure, and funding
provided to the Commissioner in support of such functions immediately
before the effective date specified in section 427:
(1) Adjudications of immigrant visa petitions.
(2) Adjudications of naturalization petitions.
(3) Adjudications of asylum and refugee applications.
(4) Adjudications performed at service centers.
(5) All other adjudications performed by the Immigration and
Naturalization Service immediately before the effective date
specified in section 427.
(c) Chief of Policy and Strategy.--
(1) In general.--There shall be a position of Chief of Policy
and Strategy for the Bureau of Citizenship and Immigration
Services.
(2) Functions.--In consultation with Bureau of Citizenship
and Immigration Services personnel in field offices, the Chief
of Policy and Strategy shall be responsible for--
(A) establishing national immigration services
policies and priorities;
(B) performing policy research and analysis on
immigration services issues; and
(C) coordinating immigration policy issues with the
Chief of Policy and Strategy for the Bureau of Border
Security of the Department of Homeland Security.
(d) General Counsel.--
(1) In general.--There shall be a position of General Counsel
for the Bureau of Citizenship and Immigration Services.
(2) Functions.--The General Counsel shall serve as the
principal legal advisor to the Assistant Attorney General for
Citizenship and Immigration Services. The General Counsel shall
be responsible for--
(A) providing specialized legal advice, opinions,
determinations, regulations, and any other assistance
to the Assistant Attorney General for Citizenship and
Immigration Services with respect to legal matters
affecting the Bureau of Citizenship and Immigration
Services; and
(B) representing the Bureau of Citizenship and
Immigration Services in visa petition appeal
proceedings before the Executive Office for Immigration
Review and in other legal or administrative proceedings
involving immigration services issues.
(e) Chief Budget Officer.--
(1) In general.--There shall be a position of Chief Budget
Officer for the Bureau of Citizenship and Immigration Services.
(2) Functions.--
(A) In general.--The Chief Budget Officer shall be
responsible for--
(i) formulating and executing the budget of
the Bureau of Citizenship and Immigration
Services;
(ii) financial management of the Bureau of
Citizenship and Immigration Services; and
(iii) collecting all payments, fines, and
other debts for the Bureau of Citizenship and
Immigration Services.
(3) Authority and functions of agency chief financial
officers.--The Chief Budget Officer for the Bureau of
Citizenship and Immigration Services shall have the authorities
and functions described in section 902 of title 31, United
States Code, in relation to financial activities of such
bureau.
(f) Chief of Congressional, Intergovernmental, and Public Affairs.--
(1) In general.--There shall be a position of Chief of
Congressional, Intergovernmental, and Public Affairs for the
Bureau of Citizenship and Immigration Services.
(2) Functions.--The Chief of Congressional,
Intergovernmental, and Public Affairs shall be responsible
for--
(A) providing information relating to immigration
services to the Congress, including information on
specific cases relating to immigration services issues;
(B) serving as a liaison with other Federal agencies
on immigration services issues; and
(C) responding to inquiries from the media and the
general public on immigration services issues.
(g) Border Security Liaison.--
(1) In general.--There shall be a position of Border Security
Liaison for the Bureau of Citizenship and Immigration Services.
(2) Functions.--The Border Security Liaison shall be
responsible for the appropriate allocation and coordination of
resources involved in supporting shared support functions for
the Bureau of Border Security of the Department of Homeland
Security and the Bureau of Citizenship and Immigration
Services, including--
(A) information resources management, including
computer databases and information technology;
(B) records and file management; and
(C) forms management.
(h) Chief of Office of Citizenship.--
(1) In general.--There shall be a position of Chief of the
Office of Citizenship for the Bureau of Citizenship and
Immigration Services.
(2) Functions.--The Chief of the Office of Citizenship for
the Bureau of Citizenship and Immigration Services shall be
responsible for promoting instruction and training on
citizenship responsibilities for aliens interested in becoming
naturalized citizens of the United States, including the
development of educational materials.
SEC. 422. CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN.
(a) In General.--Within the Department of Justice, there shall be a
position of Citizenship and Immigration Services Ombudsman (in this
section referred to as the ``Ombudsman''). The Ombudsman shall report
directly to the Deputy Attorney General. The Ombudsman shall have a
background in customer service as well as immigration law.
(b) Functions.--It shall be the function of the Ombudsman--
(1) to assist individuals and employers in resolving problems
with the Bureau of Citizenship and Immigration Services;
(2) to identify areas in which individuals and employers have
problems in dealing with the Bureau of Citizenship and
Immigration Services;
(3) to the extent possible, to propose changes in the
administrative practices of the Bureau of Citizenship and
Immigration Services to mitigate problems identified under
paragraph (2); and
(4) to identify potential legislative changes that may be
appropriate to mitigate such problems.
(c) Annual Reports.--
(1) Objectives.--Not later than June 30 of each calendar
year, the Ombudsman shall report to the Committee on the
Judiciary of the United States House of Representatives and the
Senate on the objectives of the Office of the Ombudsman for the
fiscal year beginning in such calendar year. Any such report
shall contain full and substantive analysis, in addition to
statistical information, and--
(A) shall identify the initiatives the Office of the
Ombudsman has taken on improving services and
responsiveness of the Bureau of Citizenship and
Immigration Services;
(B) shall contain a summary of the most pervasive and
serious problems encountered by individuals and
employers, including a description of the nature of
such problems;
(C) shall contain an inventory of the items described
in subparagraphs (A) and (B) for which action has been
taken and the result of such action;
(D) shall contain an inventory of the items described
in subparagraphs (A) and (B) for which action remains
to be completed and the period during which each item
has remained on such inventory;
(E) shall contain an inventory of the items described
in subparagraphs (A) and (B) for which no action has
been taken, the period during which each item has
remained on such inventory, the reasons for the
inaction, and shall identify any official of the Bureau
of Citizenship and Immigration Services who is
responsible for such inaction;
(F) shall contain recommendations for such
administrative and legislative action as may be
appropriate to resolve problems encountered by
individuals and employers, including problems created
by excessive backlogs in the adjudication and
processing of immigration benefit petitions and
applications; and
(G) shall include such other information as the
Ombudsman may deem advisable.
(2) Report to be submitted directly.--Each report required
under this subsection shall be provided directly to the
committees described in paragraph (1) without any prior review
or comment from the Attorney General, Deputy Attorney General,
Assistant Attorney General for Citizenship and Immigration
Services, or any other officer or employee of the Department of
Justice or the Office of Management and Budget.
(d) Other Responsibilities.--The Ombudsman--
(1) shall monitor the coverage and geographic allocation of
local offices of the Ombudsman;
(2) shall develop guidance to be distributed to all officers
and employees of the Bureau of Citizenship and Immigration
Services outlining the criteria for referral of inquiries to
local offices of the Ombudsman;
(3) shall ensure that the local telephone number for each
local office of the Ombudsman is published and available to
individuals and employers served by the office; and
(4) shall meet regularly with the Assistant Attorney General
for Citizenship and Immigration Services to identify serious
service problems and to present recommendations for such
administrative action as may be appropriate to resolve problems
encountered by individuals and employers.
(e) Personnel Actions.--
(1) In general.--The Ombudsman shall have the responsibility
and authority--
(A) to appoint local ombudsmen and make available at
least 1 such ombudsman for each State; and
(B) to evaluate and take personnel actions (including
dismissal) with respect to any employee of any local
office of the Ombudsman.
(2) Consultation.--The Ombudsman may consult with the
appropriate supervisory personnel of the Bureau of Citizenship
and Immigration Services in carrying out the Ombudsman's
responsibilities under this subsection.
(f) Responsibilities of Bureau of Citizenship and Immigration
Services.--The Assistant Attorney General for Citizenship and
Immigration Services shall establish procedures requiring a formal
response to all recommendations submitted to such Assistant Attorney
General by the Ombudsman within 3 months after submission to such
director.
(g) Operation of Local Offices.--
(1) In general.--Each local ombudsman--
(A) shall report to the Ombudsman or the delegate
thereof;
(B) may consult with the appropriate supervisory
personnel of the Bureau of Citizenship and Immigration
Services regarding the daily operation of the local
office of such ombudsman;
(C) shall, at the initial meeting with any individual
or employer seeking the assistance of such local
office, notify such individual or employer that the
local offices of the Ombudsman operate independently of
any other component of the Department of Justice and
report directly to the Congress through the Ombudsman;
and
(D) at the local ombudsman's discretion, may
determine not to disclose to the Bureau of Citizenship
and Immigration Services contact with, or information
provided by, such individual or employer.
(2) Maintenance of independent communications.--Each local
office of the Ombudsman shall maintain a phone, facsimile, and
other means of electronic communication access, and a post
office address, that is separate from those maintained by the
Bureau of Citizenship and Immigration Services, or any
component of the Bureau of Citizenship and Immigration
Services.
SEC. 423. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.
(a) In General.--The Assistant Attorney General for Citizenship and
Immigration Services shall be responsible for--
(1) conducting investigations of noncriminal allegations of
misconduct, corruption, and fraud involving any employee of the
Bureau of Citizenship and Immigration Services that are not
subject to investigation by the Department of Justice Office of
the Inspector General;
(2) inspecting the operations of the Bureau of Citizenship
and Immigration Services and providing assessments of the
quality of the operations of such bureau as a whole and each of
its components; and
(3) providing an analysis of the management of the Bureau of
Citizenship and Immigration Services.
(b) Special Considerations.--In providing assessments in accordance
with subsection (a)(2) with respect to a decision of the Bureau of
Citizenship and Immigration Services, or any of its components,
consideration shall be given to--
(1) the accuracy of the findings of fact and conclusions of
law used in rendering the decision;
(2) any fraud or misrepresentation associated with the
decision; and
(3) the efficiency with which the decision was rendered.
SEC. 424. EMPLOYEE DISCIPLINE.
The Assistant Attorney General for Citizenship and Immigration
Services may, notwithstanding any other provision of law, impose
disciplinary action, including termination of employment, pursuant to
policies and procedures applicable to employees of the Federal Bureau
of Investigation, on any employee of the Bureau of Citizenship and
Immigration Services who willfully deceives the Congress or agency
leadership on any matter.
SEC. 425. OFFICE OF IMMIGRATION STATISTICS WITHIN BUREAU OF JUSTICE
STATISTICS.
(a) In General.--Part C of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3731 et seq.) is amended by adding
at the end the following:
``office of immigration statistics
``Sec. 305. (a) There is established within the Bureau of Justice
Statistics of the Department of Justice an Office of Immigration
Statistics (in this section referred to as the `Office'), which shall
be headed by a Director who shall be appointed by the Attorney General
and who shall report to the Director of Justice Statistics.
``(b) The Director of the Office shall be responsible for the
following:
``(1) Maintenance of all immigration statistical information
of the Bureau of Citizenship and Immigration Services and the
Executive Office for Immigration Review. Such statistical
information shall include information and statistics of the
type contained in the publication entitled `Statistical
Yearbook of the Immigration and Naturalization Service'
prepared by the Immigration and Naturalization Service (as in
effect on the day prior to the effective date specified in
section 427 of the Homeland Security Act of 2002), including
region-by-region statistics on the aggregate number of
applications and petitions filed by an alien (or filed on
behalf of an alien) and denied by such offices and bureaus, and
the reasons for such denials, disaggregated by category of
denial and application or petition type.
``(2) Establishment of standards of reliability and validity
for immigration statistics collected by the Bureau of
Citizenship and Immigration Services and the Executive Office
for Immigration Review.
``(c) The Bureau of Citizenship and Immigration Services and the
Executive Office for Immigration Review shall provide statistical
information to the Office of Immigration Statistics from the
operational data systems controlled by the Bureau of Citizenship and
Immigration Services and the Executive Office for Immigration Review,
respectively, for the purpose of meeting the responsibilities of the
Director.''.
(b) Transfer of Functions.--There are transferred to the Office of
Immigration Statistics established under section 305 of the Omnibus
Crime Control and Safe Streets Act of 1968, as added by subsection (a),
the functions performed immediately before such transfer occurs by the
Statistics Branch of the Office of Policy and Planning of the
Immigration and Naturalization Service with respect to the following:
(1) Adjudications of immigrant visa petitions.
(2) Adjudications of naturalization petitions.
(3) Adjudications of asylum and refugee applications.
(4) Adjudications performed at service centers.
(5) All other adjudications performed by the Immigration and
Naturalization Service.
(c) Conforming Amendments.--Section 302(c) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3732(c)) is amended--
(1) by striking ``and'' at the end of paragraph (22);
(2) by striking the period at the end of paragraph (23) and
inserting ``; and''; and
(3) by adding at the end the following:
``(24) collect, maintain, compile, analyze, publish, and
disseminate information and statistics involving the functions
of the Bureau of Citizenship and Immigration Services and the
Executive Office for Immigration Review.''.
SEC. 426. PRESERVATION OF ATTORNEY GENERAL'S AUTHORITY.
(a) In General.--Any function for which this subchapter vests
responsibility in an official other than the Attorney General, or which
is transferred by this subchapter to such an official, may,
notwithstanding any provision of this subchapter, be performed by the
Attorney General, or the Attorney General's delegate, in lieu of such
official.
(b) References.--In a case in which the Attorney General performs a
function described in subsection (a), any reference in any other
Federal law, Executive order, rule, regulation, document, or delegation
of authority to the official otherwise responsible for the function is
deemed to refer to the Attorney General.
SEC. 427. EFFECTIVE DATE.
Notwithstanding section 4, this subchapter, and the amendments made
by this subchapter, shall take effect on the date on which the transfer
of functions specified under section 411 takes effect.
SEC. 428. TRANSITION.
(a) References.--With respect to any function transferred by this
subchapter to, and exercised on or after the effective date specified
in section 427 by, the Assistant Attorney General for Citizenship and
Immigration Services, any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or pertaining to a component of government from which such function is
transferred--
(1) to the head of such component is deemed to refer to the
Assistant Attorney General for Citizenship and Immigration
Services; or
(2) to such component is deemed to refer to the Bureau of
Citizenship and Immigration Services.
(b) Other Transition Issues.--
(1) Exercise of authorities.--Except as otherwise provided by
law, a Federal official to whom a function is transferred by
this subchapter may, for purposes of performing the function,
exercise all authorities under any other provision of law that
were available with respect to the performance of that function
to the official responsible for the performance of the function
immediately before the effective date specified in section 427.
(2) Savings provisions.--Subsections (a), (b), and (c) of
section 812 shall apply to a transfer of functions under this
subchapter in the same manner as such provisions apply to a
transfer of functions under this Act to the Department of
Homeland Security.
(3) Transfer and allocation of appropriations and
personnel.--The personnel of the Department of Justice employed
in connection with the functions transferred by this subchapter
(and functions that the Attorney General determines are
properly related to the functions of the Bureau of Citizenship
and Immigration Services), and the assets, liabilities,
contracts, property, records, and unexpended balance of
appropriations, authorizations, allocations, and other funds
employed, held, used, arising from, available to, or to be made
available to, the Immigration and Naturalization Service in
connection with the functions transferred by this subchapter,
subject to section 202 of the Budget and Accounting Procedures
Act of 1950, shall be transferred to the Assistant Attorney
General for Citizenship and Immigration Services for allocation
to the appropriate component of the Department of Justice.
Unexpended funds transferred pursuant to this paragraph shall
be used only for the purposes for which the funds were
originally authorized and appropriated. The Attorney General
shall have the right to adjust or realign transfers of funds
and personnel effected pursuant to this subchapter for a period
of 2 years after the effective date specified in section 427.
(4) Authorities of attorney general.--The Attorney General
(or a delegate of the Attorney General), at such time or times
as the Attorney General (or the delegate) shall provide, may
make such determinations as may be necessary with regard to the
functions transferred by this subchapter, and may make such
additional incidental dispositions of personnel, assets,
liabilities, grants, contracts, property, records, and
unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of
this subchapter. The Attorney General shall provide for such
further measures and dispositions as may be necessary to
effectuate the purposes of this subchapter.
Subchapter B--Other Provisions
SEC. 431. FUNDING FOR CITIZENSHIP AND IMMIGRATION SERVICES.
(a) Establishment of Fees for Adjudication and Naturalization
Services.--Section 286(m) of the Immigration and Nationality Act (8
U.S.C. 1356(m)) is amended by striking ``services, including the costs
of similar services provided without charge to asylum applicants or
other immigrants.'' and inserting ``services.''.
(b) Authorization of Appropriations for Refugee and Asylum
Adjudications.--There are authorized to be appropriated such sums as
may be necessary to carry out the provisions of sections 207 through
209 of the Immigration and Nationality Act (8 U.S.C. 1157-1159). All
funds appropriated under this subsection shall be deposited into the
Immigration Examinations Fee Account established under section 286(m)
of the Immigration and Nationality Act (8 U.S.C. 1356(m)) and shall
remain available until expended.
SEC. 432. BACKLOG ELIMINATION.
Section 204(a)(1) of the Immigration Services and Infrastructure
Improvements Act of 2000 (8 U.S.C. 1573(a)(1)) is amended by striking
``not later than one year after the date of enactment of this Act;''
and inserting ``1 year after the date of the enactment of the Homeland
Security Act of 2002;''.
SEC. 433. REPORT ON IMPROVING IMMIGRATION SERVICES.
(a) In General.--The Attorney General, not later than 1 year after
the effective date of this Act, shall submit to the Committees on the
Judiciary and Appropriations of the United States House of
Representatives and of the Senate a report with a plan detailing how
the Bureau of Citizenship and Immigration Services, after the transfer
of functions specified in subchapter 1 takes effect, will complete
efficiently, fairly, and within a reasonable time, the adjudications
described in paragraphs (1) through (5) of section 421(b).
(b) Contents.--For each type of adjudication to be undertaken by the
Assistant Attorney General for Citizenship and Immigration Services,
the report shall include the following:
(1) Any potential savings of resources that may be
implemented without affecting the quality of the adjudication.
(2) The goal for processing time with respect to the
application.
(3) Any statutory modifications with respect to the
adjudication that the Attorney General considers advisable.
(c) Consultation.--In carrying out subsection (a), the Attorney
General shall consult with the Secretary of State, the Secretary of
Labor, the Assistant Secretary of the Bureau of Border Security of the
Department of Homeland Security, and the Director of the Executive
Office for Immigration Review to determine how to streamline and
improve the process for applying for and making adjudications described
in section 421(b) and related processes.
SEC. 434. REPORT ON RESPONDING TO FLUCTUATING NEEDS.
Not later than 30 days after the date of the enactment of this Act,
the Attorney General shall submit to the Congress a report on changes
in law, including changes in authorizations of appropriations and in
appropriations, that are needed to permit the Immigration and
Naturalization Service, and, after the transfer of functions specified
in subchapter 1 takes effect, the Bureau of Citizenship and Immigration
Services, to ensure a prompt and timely response to emergent,
unforeseen, or impending changes in the number of applications for
immigration benefits, and otherwise to ensure the accommodation of
changing immigration service needs.
SEC. 435. APPLICATION OF INTERNET-BASED TECHNOLOGIES.
(a) Establishment of Tracking System.--The Attorney General, not
later than 1 year after the effective date of this Act, in consultation
with the Technology Advisory Committee established under subsection
(c), shall establish an Internet-based system, that will permit a
person, employer, immigrant, or nonimmigrant who has filings with the
Attorney General for any benefit under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.), access to online information about the
processing status of the filing involved.
(b) Feasibility Study for Online Filing and Improved Processing.--
(1) Online filing.--The Attorney General, in consultation
with the Technology Advisory Committee established under
subsection (c), shall conduct a feasibility study on the online
filing of the filings described in subsection (a). The study
shall include a review of computerization and technology of the
Immigration and Naturalization Service relating to the
immigration services and processing of filings related to
immigrant services. The study shall also include an estimate of
the timeframe and cost and shall consider other factors in
implementing such a filing system, including the feasibility of
fee payment online.
(2) Report.--A report on the study under this subsection
shall be submitted to the Committees on the Judiciary of the
United States House of Representatives and the Senate not later
than 1 year after the effective date of this Act.
(c) Technology Advisory Committee.--
(1) Establishment.--The Attorney General shall establish, not
later than 60 days after the effective date of this Act, an
advisory committee (in this section referred to as the
``Technology Advisory Committee'') to assist the Attorney
General in--
(A) establishing the tracking system under subsection
(a); and
(B) conducting the study under subsection (b).
The Technology Advisory Committee shall be established after
consultation with the Committees on the Judiciary of the United
States House of Representatives and the Senate.
(2) Composition.--The Technology Advisory Committee shall be
composed of representatives from high technology companies
capable of establishing and implementing the system in an
expeditious manner, and representatives of persons who may use
the tracking system described in subsection (a) and the online
filing system described in subsection (b)(1).
SEC. 436. CHILDREN'S AFFAIRS.
(a) Transfer of Functions.--There are transferred to the Director of
the Office of Refugee Resettlement of the Department of Health and
Human Services functions under the immigration laws of the United
States with respect to the care of unaccompanied alien children that
were vested by statute in, or performed by, the Commissioner of
Immigration and Naturalization (or any officer, employee, or component
of the Immigration and Naturalization Service) immediately before the
effective date specified in subsection (d).
(b) Functions.--
(1) In general.--Pursuant to the transfer made by subsection
(a), the Director of the Office of Refugee Resettlement shall
be responsible for--
(A) coordinating and implementing the care and
placement of unaccompanied alien children who are in
Federal custody by reason of their immigration status,
including developing a plan to be submitted to the
Congress on how to ensure that qualified and
independent legal counsel is timely appointed to
represent the interests of each such child, consistent
with the law regarding appointment of counsel that is
in effect on the date of the enactment of this Act;
(B) ensuring that the interests of the child are
considered in decisions and actions relating to the
care and custody of an unaccompanied alien child;
(C) making placement determinations for all
unaccompanied alien children who are in Federal custody
by reason of their immigration status;
(D) implementing the placement determinations;
(E) implementing policies with respect to the care
and placement of unaccompanied alien children;
(F) identifying a sufficient number of qualified
individuals, entities, and facilities to house
unaccompanied alien children;
(G) overseeing the infrastructure and personnel of
facilities in which unaccompanied alien children
reside;
(H) reuniting unaccompanied alien children with a
parent abroad in appropriate cases;
(I) compiling, updating, and publishing at least
annually a state-by-state list of professionals or
other entities qualified to provide guardian and
attorney representation services for unaccompanied
alien children;
(J) maintaining statistical information and other
data on unaccompanied alien children for whose care and
placement the Director is responsible, which shall
include--
(i) biographical information, such as a
child's name, gender, date of birth, country of
birth, and country of habitual residence;
(ii) the date on which the child came into
Federal custody by reason of his or her
immigration status;
(iii) information relating to the child's
placement, removal, or release from each
facility in which the child has resided;
(iv) in any case in which the child is placed
in detention or released, an explanation
relating to the detention or release; and
(v) the disposition of any actions in which
the child is the subject;
(K) collecting and compiling statistical information
from the Department of Justice, the Department of
Homeland Security, and the Department of State on each
department's actions relating to unaccompanied alien
children; and
(L) conducting investigations and inspections of
facilities and other entities in which unaccompanied
alien children reside.
(2) Coordination with other entities; no release on own
recognizance.--In making determinations described in paragraph
(1)(C), the Director of the Office of Refugee Resettlement--
(A) shall consult with appropriate juvenile justice
professionals, the Director of the Bureau of
Citizenship and Immigration Services of the Department
of Justice, and the Assistant Secretary of the Bureau
of Border Security of the Department of Homeland
Security to ensure that such determinations ensure that
unaccompanied alien children described in such
subparagraph--
(i) are likely to appear for all hearings or
proceedings in which they are involved;
(ii) are protected from smugglers,
traffickers, or others who might seek to
victimize or otherwise engage them in criminal,
harmful, or exploitive activity; and
(iii) are placed in a setting in which they
not likely to pose a danger to themselves or
others; and
(B) shall not release such children upon their own
recognizance.
(3) Duties with respect to foster care.--In carrying out the
duties described in paragraph (1)(G), the Director of the
Office of Refugee Resettlement is encouraged to use the refugee
children foster care system established pursuant to section
412(d) of the Immigration and Nationality Act (8 U.S.C.
1522(d)) for the placement of unaccompanied alien children.
(c) Rule of Construction.--Nothing in this section may be construed
to transfer the responsibility for adjudicating benefit determinations
under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) from
the authority of any official of the Department of Justice, the
Department of Homeland Security, or the Department of State.
(d) Effective Date.--Notwithstanding section 4, this section shall
take effect on the date on which the transfer of functions specified
under section 411 takes effect.
(e) References.--With respect to any function transferred by this
section, any reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or
pertaining to a component of government from which such function is
transferred--
(1) to the head of such component is deemed to refer to the
Director of the Office of Refugee Resettlement; or
(2) to such component is deemed to refer to the Office of
Refugee Resettlement of the Department of Health and Human
Services.
(f) Other Transition Issues.--
(1) Exercise of authorities.--Except as otherwise provided by
law, a Federal official to whom a function is transferred by
this section may, for purposes of performing the function,
exercise all authorities under any other provision of law that
were available with respect to the performance of that function
to the official responsible for the performance of the function
immediately before the effective date specified in subsection
(d).
(2) Savings provisions.--Subsections (a), (b), and (c) of
section 812 shall apply to a transfer of functions under this
section in the same manner as such provisions apply to a
transfer of functions under this Act to the Department of
Homeland Security.
(3) Transfer and allocation of appropriations and
personnel.--The personnel of the Department of Justice employed
in connection with the functions transferred by this section,
and the assets, liabilities, contracts, property, records, and
unexpended balance of appropriations, authorizations,
allocations, and other funds employed, held, used, arising
from, available to, or to be made available to, the Immigration
and Naturalization Service in connection with the functions
transferred by this section, subject to section 202 of the
Budget and Accounting Procedures Act of 1950, shall be
transferred to the Director of the Office of Refugee
Resettlement for allocation to the appropriate component of the
Department of Health and Human Services. Unexpended funds
transferred pursuant to this paragraph shall be used only for
the purposes for which the funds were originally authorized and
appropriated.
(g) Definitions.--As used in this section--
(1) the term ``placement'' means the placement of an
unaccompanied alien child in either a detention facility or an
alternative to such a facility; and
(2) the term ``unaccompanied alien child'' means a child
who--
(A) has no lawful immigration status in the United
States;
(B) has not attained 18 years of age; and
(C) with respect to whom--
(i) there is no parent or legal guardian in
the United States; or
(ii) no parent or legal guardian in the
United States is available to provide care and
physical custody.
CHAPTER 3--GENERAL PROVISIONS
SEC. 441. ABOLISHMENT OF INS.
The Immigration and Naturalization Service of the Department of
Justice is abolished.
SEC. 442. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) Definitions.--For purposes of this section--
(1) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who--
(A) has completed at least 3 years of current
continuous service with 1 or more covered entities; and
(B) is serving under an appointment without time
limitation;
but does not include any person under subparagraphs (A)-(G) of
section 663(a)(2) of Public Law 104-208 (5 U.S.C. 5597 note);
(2) the term ``covered entity'' means--
(A) the Immigration and Naturalization Service;
(B) the Bureau of Border Security of the Department
of Homeland Security; and
(C) the Bureau of Citizenship and Immigration
Services of the Department of Justice; and
(3) the term ``transfer date'' means the date on which the
transfer of functions specified under section 411 takes effect.
(b) Strategic Restructuring Plan.--Before the Attorney General or the
Secretary obligates any resources for voluntary separation incentive
payments under this section, such official shall submit to the
appropriate committees of Congress a strategic restructuring plan,
which shall include--
(1) an organizational chart depicting the covered entities
after their restructuring pursuant to this Act;
(2) a summary description of how the authority under this
section will be used to help carry out that restructuring; and
(3) the information specified in section 663(b)(2) of Public
Law 104-208 (5 U.S.C. 5597 note).
As used in the preceding sentence, the ``appropriate committees of
Congress'' are the Committees on Appropriations, Government Reform, and
the Judiciary of the House of Representatives, and the Committees on
Appropriations, Governmental Affairs, and the Judiciary of the Senate.
(c) Authority.--The Attorney General and the Secretary may, to the
extent necessary to help carry out their respective strategic
restructuring plan described in subsection (b), make voluntary
separation incentive payments to employees. Any such payment--
(1) shall be paid to the employee, in a lump sum, after the
employee has separated from service;
(2) shall be paid from appropriations or funds available for
the payment of basic pay of the employee;
(3) shall be equal to the lesser of--
(A) the amount the employee would be entitled to
receive under section 5595(c) of title 5, United States
Code; or
(B) an amount not to exceed $25,000, as determined by
the Attorney General or the Secretary;
(4) may not be made except in the case of any qualifying
employee who voluntarily separates (whether by retirement or
resignation) before the end of--
(A) the 3-month period beginning on the date on which
such payment is offered or made available to such
employee; or
(B) the 3-year period beginning on the date of the
enactment of this Act,
whichever occurs first;
(5) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit; and
(6) shall not be taken into account in determining the amount
of any severance pay to which the employee may be entitled
under section 5595 of title 5, United States Code, based on any
other separation.
(d) Additional Agency Contributions to the Retirement Fund.--
(1) In general.--In addition to any payments which it is
otherwise required to make, the Department of Justice and the
Department of Homeland Security shall, for each fiscal year
with respect to which it makes any voluntary separation
incentive payments under this section, remit to the Office of
Personnel Management for deposit in the Treasury of the United
States to the credit of the Civil Service Retirement and
Disability Fund the amount required under paragraph (2).
(2) Amount required.--The amount required under this
paragraph shall, for any fiscal year, be the amount under
subparagraph (A) or (B), whichever is greater.
(A) First method.--The amount under this subparagraph
shall, for any fiscal year, be equal to the minimum
amount necessary to offset the additional costs to the
retirement systems under title 5, United States Code
(payable out of the Civil Service Retirement and
Disability Fund) resulting from the voluntary
separation of the employees described in paragraph (3),
as determined under regulations of the Office of
Personnel Management.
(B) Second method.--The amount under this
subparagraph shall, for any fiscal year, be equal to 45
percent of the sum total of the final basic pay of the
employees described in paragraph (3).
(3) Computations to be based on separations occurring in the
fiscal year involved.--The employees described in this
paragraph are those employees who receive a voluntary
separation incentive payment under this section based on their
separating from service during the fiscal year with respect to
which the payment under this subsection relates.
(4) Final basic pay defined.--In this subsection, the term
``final basic pay'' means, with respect to an employee, the
total amount of basic pay which would be payable for a year of
service by such employee, computed using the employee's final
rate of basic pay, and, if last serving on other than a full-
time basis, with appropriate adjustment therefor.
(e) Effect of Subsequent Employment with the Government.--An
individual who receives a voluntary separation incentive payment under
this section and who, within 5 years after the date of the separation
on which the payment is based, accepts any compensated employment with
the Government or works for any agency of the Government through a
personal services contract, shall be required to pay, prior to the
individual's first day of employment, the entire amount of the
incentive payment. Such payment shall be made to the covered entity
from which the individual separated or, if made on or after the
transfer date, to the Deputy Attorney General (for transfer to the
appropriate component of the Department of Justice, if necessary) or
the Under Secretary for Border and Transportation Security (for
transfer to the appropriate component of the Department of Homeland
Security, if necessary).
(f) Effect on Employment Levels.--
(1) Intended effect.--Voluntary separations under this
section are not intended to necessarily reduce the total number
of full-time equivalent positions in any covered entity.
(2) Use of voluntary separations.--A covered entity may
redeploy or use the full-time equivalent positions vacated by
voluntary separations under this section to make other
positions available to more critical locations or more critical
occupations.
SEC. 443. AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT RELATING TO
DISCIPLINARY ACTION.
(a) In General.--The Attorney General and the Secretary may each,
during a period ending not later than 5 years after the date of the
enactment of this Act, conduct a demonstration project for the purpose
of determining whether one or more changes in the policies or
procedures relating to methods for disciplining employees would result
in improved personnel management.
(b) Scope.--A demonstration project under this section--
(1) may not cover any employees apart from those employed in
or under a covered entity; and
(2) shall not be limited by any provision of chapter 43, 75,
or 77 of title 5, United States Code.
(c) Procedures.--Under the demonstration project--
(1) the use of alternative means of dispute resolution (as
defined in section 571 of title 5, United States Code) shall be
encouraged, whenever appropriate; and
(2) each covered entity under the jurisdiction of the
official conducting the project shall be required to provide
for the expeditious, fair, and independent review of any action
to which section 4303 or subchapter II of chapter 75 of such
title 5 would otherwise apply (except an action described in
section 7512(5) thereof).
(d) Actions Involving Discrimination.--Notwithstanding any other
provision of this section, if, in the case of any matter described in
section 7702(a)(1)(B) of title 5, United States Code, there is no
judicially reviewable action under the demonstration project within 120
days after the filing of an appeal or other formal request for review
(referred to in subsection (c)(2)), an employee shall be entitled to
file a civil action to the same extent and in the same manner as
provided in section 7702(e)(1) of such title 5 (in the matter following
subparagraph (C) thereof).
(e) Certain Employees.--Employees shall not be included within any
project under this section if such employees are--
(1) neither managers nor supervisors; and
(2) within a unit with respect to which a labor organization
is accorded exclusive recognition under chapter 71 of title 5,
United States Code.
Notwithstanding the preceding sentence, an aggrieved employee within a
unit (referred to in paragraph (2)) may elect to participate in a
complaint procedure developed under the demonstration project in lieu
of any negotiated grievance procedure and any statutory procedure (as
such term is used in section 7121 of such title 5).
(f) Reports.--The General Accounting Office shall prepare and submit
to the Committees on Government Reform and the Judiciary of the House
of Representatives and the Committees on Governmental Affairs and the
Judiciary of the Senate periodic reports on any demonstration project
conducted under this section, such reports to be submitted after the
second and fourth years of its operation. Upon request, the Attorney
General or the Secretary shall furnish such information as the General
Accounting Office may require to carry out this subsection.
(g) Definition.--In this section, the term ``covered entity'' has the
meaning given such term in section 442(a)(2).
SEC. 444. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) the missions of the Bureau of Border Security of the
Department of Homeland Security and the Bureau of Citizenship
and Immigration Services of the Department of Justice are
equally important and, accordingly, they each should be
adequately funded; and
(2) the functions transferred under this subtitle should not,
after such transfers take effect, operate at levels below those
in effect prior to the enactment of this Act.
SEC. 445. REPORTS AND IMPLEMENTATION PLANS.
(a) Division of Funds.--The Attorney General and the Secretary, not
later than 120 days after the effective date of this Act, shall each
submit to the Committees on Appropriations and the Judiciary of the
United States House of Representatives and of the Senate a report on
the proposed division and transfer of funds, including unexpended
funds, appropriations, and fees, between the Bureau of Citizenship and
Immigration Services and the Bureau of Border Security.
(b) Division of Personnel.--The Attorney General and the Secretary,
not later than 120 days after the effective date of this Act, shall
each submit to the Committees on Appropriations and the Judiciary of
the United States House of Representatives and of the Senate a report
on the proposed division of personnel between the Bureau of Citizenship
and Immigration Services and the Bureau of Border Security.
(c) Implementation Plan.--
(1) In general.--The Attorney General and the Secretary, not
later than 120 days after the effective date of this Act, and
every 6 months thereafter until the termination of fiscal year
2005, shall each submit to the Committees on Appropriations and
the Judiciary of the United States House of Representatives and
of the Senate an implementation plan to carry out this Act.
(2) Contents.--The implementation plan should include details
concerning the separation of the Bureau of Citizenship and
Immigration Services and the Bureau of Border Security,
including the following:
(A) Organizational structure, including the field
structure.
(B) Chain of command.
(C) Procedures for interaction among such bureaus.
(D) Fraud detection and investigation.
(E) The processing and handling of removal
proceedings, including expedited removal and
applications for relief from removal.
(F) Recommendations for conforming amendments to the
Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(G) Establishment of a transition team.
(H) Methods to phase in the costs of separating the
administrative support systems of the Immigration and
Naturalization Service in order to provide for separate
administrative support systems for the Bureau of
Citizenship and Immigration Services and the Bureau of
Border Security.
(d) Comptroller General Studies and Reports.--
(1) Status reports on transition.--Not later than 18 months
after the date on which the transfer of functions specified
under section 411 takes effect, and every 6 months thereafter,
until full implementation of this subtitle has been completed,
the Comptroller General of the United States shall submit to
the Committees on Appropriations and on the Judiciary of the
United States House of Representatives and the Senate a report
containing the following:
(A) A determination of whether the transfers of
functions made by chapters 1 and 2 have been completed,
and if a transfer of functions has not taken place,
identifying the reasons why the transfer has not taken
place.
(B) If the transfers of functions made by chapters 1
and 2 have been completed, an identification of any
issues that have arisen due to the completed transfers.
(C) An identification of any issues that may arise
due to any future transfer of functions.
(2) Report on management.--Not later than 4 years after the
date on which the transfer of functions specified under section
411 takes effect, the Comptroller General of the United States
shall submit to the Committees on Appropriations and on the
Judiciary of the United States House of Representatives and the
Senate a report, following a study, containing the following:
(A) Determinations of whether the transfer of
functions from the Immigration and Naturalization
Service to the Bureau of Citizenship and Immigration
Services and the Bureau of Border Security have
improved, with respect to each function transferred,
the following:
(i) Operations.
(ii) Management, including accountability and
communication.
(iii) Financial administration.
(iv) Recordkeeping, including information
management and technology.
(B) A statement of the reasons for the determinations
under subparagraph (A).
(C) Any recommendations for further improvements to
the Bureau of Citizenship and Immigration Services and
the Bureau of Border Security.
(3) Report on fees.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on the Judiciary
of the House of Representatives and of the Senate a report
examining whether the Bureau of Citizenship and Immigration
Services is likely to derive sufficient funds from fees to
carry out its functions in the absence of appropriated funds.
SEC. 446. IMMIGRATION FUNCTIONS.
(a) Annual Report.--
(1) In general.--One year after the date of the enactment of
this Act, and each year thereafter, the Attorney General shall
submit a report to the President, to the Committees on the
Judiciary and Government Reform of the United States House of
Representatives, and to the Committees on the Judiciary and
Government Affairs of the Senate, on the impact the transfers
made by this subtitle has had on immigration functions.
(2) Matter included.--The report shall address the following
with respect to the period covered by the report:
(A) The aggregate number of all immigration
applications and petitions received, and processed, by
the Department;
(B) Region-by-region statistics on the aggregate
number of immigration applications and petitions filed
by an alien (or filed on behalf of an alien) and
denied, disaggregated by category of denial and
application or petition type.
(C) The quantity of backlogged immigration
applications and petitions that have been processed,
the aggregate number awaiting processing, and a
detailed plan for eliminating the backlog.
(D) The average processing period for immigration
applications and petitions, disaggregated by
application or petition type.
(E) The number and types of immigration-related
grievances filed with any official of the Department of
Justice, and if those grievances were resolved.
(F) Plans to address grievances and improve
immigration services.
(G) Whether immigration-related fees were used
consistent with legal requirements regarding such use.
(H) Whether immigration-related questions conveyed by
customers to the Department of Justice (whether
conveyed in person, by telephone, or by means of the
Internet) were answered effectively and efficiently.
(b) Sense of the Congress Regarding Immigration Services.--It is the
sense of the Congress that--
(1) the quality and efficiency of immigration services
rendered by the Federal Government should be improved after the
transfers made by this subtitle take effect; and
(2) the Attorney General should undertake efforts to
guarantee that concerns regarding the quality and efficiency of
immigration services are addressed after such effective date.
Subtitle C--United States Customs Service
SEC. 451. ESTABLISHMENT; COMMISSIONER OF CUSTOMS.
(a) Establishment.--There is established in the Department the United
States Customs Service, under the authority of the Under Secretary for
Border and Transportation Security, which shall be vested with those
functions set forth in section 457(7), and the personnel, assets, and
liabilities attributable to those functions.
(b) Commissioner of Customs.--
(1) In General.--There shall be at the head of the Customs
Service a Commissioner of Customs, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
(2) Compensation.--Section 5314 of title 5, United States
Code, is amended by striking
``Commissioner of Customs, Department of the Treasury''
and inserting
``Commissioner of Customs, Department of Homeland
Security.''.
(3) Continuation in office.--The individual serving as the
Commissioner of Customs on the day before the effective date of
this Act may serve as the Commissioner of Customs on and after
such effective date until a Commissioner of Customs is
appointed under paragraph (1).
SEC. 452. RETENTION OF CUSTOMS REVENUE FUNCTIONS BY SECRETARY OF THE
TREASURY.
(a) Retention by Secretary of the Treasury.--
(1) Retention of authority.--Notwithstanding sections 401(5),
402(1), and 808(e)(2), authority that was vested in the
Secretary of the Treasury by law before the effective date of
this Act under those provisions of law set forth in paragraph
(2) shall not be transferred to the Secretary by reason of this
Act, and on and after the effective date of this Act, the
Secretary of the Treasury may delegate any such authority to
the Secretary at the discretion of the Secretary of the
Treasury. The Secretary of the Treasury shall consult with the
Secretary regarding the exercise of any such authority not
delegated to the Secretary.
(2) Statutes.--The provisions of law referred to in paragraph
(1) are the following: the Tariff Act of 1930; section 249 of
the Revised Statutes of the United States (19 U.S.C. 3);
section 2 of the Act of March 4, 1923 (19 U.S.C. 6); section
13031 of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c); section 251 of the Revised Statutes of
the United States (19 U.S.C. 66); section 1 of the Act of June
26, 1930 (19 U.S.C. 68); the Foreign Trade Zones Act (19 U.S.C.
81a et seq.); section 1 of the Act of March 2, 1911 (19 U.S.C.
198); the Trade Act of 1974; the Trade Agreements Act of 1979;
the North American Free Trade Area Implementation Act; the
Uruguay Round Agreements Act; the Caribbean Basin Economic
Recovery Act; the Andean Trade Preference Act; the African
Growth and Opportunity Act; and any other provision of law
vesting customs revenue functions in the Secretary of the
Treasury.
(b) Maintenance of Customs Revenue Functions.--
(1) Maintenance of functions.--Notwithstanding any other
provision of this Act, the Secretary may not consolidate,
alter, discontinue, or diminish those functions described in
paragraph (2) performed by the United States Customs Service
(as established under section 451) on or after the effective
date of this Act, reduce the staffing level, or the
compensation or benefits under title 5, United States Code, of
personnel attributable to such functions, or reduce the
resources attributable to such functions, and the Secretary
shall ensure that an appropriate management structure is
implemented to carry out such functions.
(2) Functions.--The functions referred to in paragraph (1)
are those functions performed by the following personnel, and
associated support staff, of the United States Customs Service
on the day before the effective date of this Act: Import
Specialists, Entry Specialists, Drawback Specialists, National
Import Specialist, Fines and Penalties Specialists, attorneys
of the Office of Regulations and Rulings, Customs Auditors,
International Trade Specialists, Financial Systems Specialists.
(c) New Personnel.--The Secretary of the Treasury is authorized to
appoint up to 20 new personnel to work with personnel of the Department
in performing customs revenue functions.
SEC. 453. ESTABLISHMENT AND IMPLEMENTATION OF COST ACCOUNTING SYSTEM;
REPORTS.
(a) Establishment and Implementation.--
(1) In general.--Not later than September 30, 2003, the
Commissioner of Customs shall, in accordance with the audit of
the Customs Service's fiscal years 2000 and 1999 financial
statements (as contained in the report of the Office of the
Inspector General of the Department of the Treasury issued on
February 23, 2001), establish and implement a cost accounting
system for expenses incurred in the operation of the Customs
Service.
(2) Additional requirement.--The cost accounting system
described in paragraph (1) shall provide for an identification
of expenses based on the type of operation, the port at which
the operation took place, the amount of time spent on the
operation by personnel of the Customs Service, and an
identification of expenses based on any other appropriate
classification necessary to provide for an accurate and
complete accounting of the expenses.
(3) Use of merchandise processing fees.--The cost accounting
system described in paragraph (1) shall provide for an
identification of all amounts expended pursuant to section
13031(f)(2) of the Consolidated Omnibus Budget Reconciliation
Act of 1985.
(b) Reports.--Beginning on the date of the enactment of this Act and
ending on the date on which the cost accounting system described in
subsection (a) is fully implemented, the Commissioner of Customs shall
prepare and submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate on a
quarterly basis a report on the progress of implementing the cost
accounting system pursuant to subsection (a).
SEC. 454. PRESERVATION OF CUSTOMS FUNDS.
Notwithstanding any other provision of this Act, no funds available
to the United States Customs Service or collected under paragraphs (1)
through (8) of section 13031(a) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 may be transferred for use by any other
agency or office in the Department.
SEC. 455. SEPARATE BUDGET REQUEST FOR CUSTOMS.
The President shall include in each budget transmitted to the
Congress under section 1105 of title 31, United States Code, a separate
budget request for the United States Customs Service.
SEC. 456. PAYMENT OF DUTIES AND FEES.
Section 505(a) of the Tariff Act of 1930 (19 U.S.C. 1505(a)) is
amended--
(1) in the first sentence--
(A) by striking ``Unless merchandise'' and inserting
``Unless the entry of merchandise is covered by an
import activity summary statement, or the
merchandise''; and
(B) by inserting after ``by regulation'' the
following: ``(but not to exceed 10 working days after
entry or release, whichever occurs first)''; and
(2) by striking the second and third sentences and inserting
the following: ``If an import activity summary statement is
filed, the importer of record shall deposit estimated duties
and fees for entries of merchandise covered by the import
activity summary statement no later than the 15th day of the
month following the month in which the merchandise is entered
or released, whichever occurs first.''.
SEC. 457. DEFINITION.
In this subtitle, the term ``customs revenue function'' means the
following:
(1) Assessing and collecting customs duties (including
antidumping and countervailing duties and duties imposed under
safeguard provisions), excise taxes, fees, and penalties due on
imported merchandise, including classifying and valuing
merchandise for purposes of such assessment.
(2) Processing and denial of entry of persons, baggage,
cargo, and mail, with respect to the assessment and collection
of import duties.
(3) Detecting and apprehending persons engaged in fraudulent
practices designed to circumvent the customs laws of the United
States.
(4) Enforcing section 337 of the Tariff Act of 1930 and
provisions relating to import quotas and the marking of
imported merchandise, and providing Customs Recordations for
copyrights, patents, and trademarks.
(5) Collecting accurate import data for compilation of
international trade statistics.
(6) Enforcing reciprocal trade agreements.
(7) Functions performed by the following personnel, and
associated support staff, of the United States Customs Service
on the day before the effective date of this Act: Import
Specialists, Entry Specialists, Drawback Specialists, National
Import Specialist, Fines and Penalties Specialists, attorneys
of the Office of Regulations and Rulings, Customs Auditors,
International Trade Specialists, Financial Systems Specialists.
(8) Functions performed by the following offices, with
respect to any function described in any of paragraphs (1)
through (7), and associated support staff, of the United States
Customs Service on the day before the effective date of this
Act: the Office of Information and Technology, the Office of
Laboratory Services, the Office of the Chief Counsel, the
Office of Congressional Affairs, the Office of International
Affairs, and the Office of Training and Development.
SEC. 458. GAO REPORT TO CONGRESS.
Not later than 3 months after the effective date of this Act, the
Comptroller General of the United States shall submit to the Congress a
report that sets forth all trade functions performed by the executive
branch, specifying each agency that performs each such function.
SEC. 459. ALLOCATION OF RESOURCES BY THE SECRETARY.
(a) In General.--The Secretary shall ensure that adequate staffing is
provided to assure that levels of customs revenue services provided on
the day before the effective date of this Act shall continue to be
provided.
(b) Notification of Congress.--The Secretary shall notify the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate at least 180 days prior to taking
any action which would--
(1) result in any significant reduction in customs revenue
services, including hours of operation, provided at any office
within the Department or any port of entry;
(2) eliminate or relocate any office of the Department which
provides customs revenue services; or
(3) eliminate any port of entry.
(c) Definition.--In this section, the term ``customs revenue
services'' means those customs revenue functions described in
paragraphs (1) through (6) and (8) of section 457.
SEC. 460. REPORTS TO CONGRESS.
The United States Customs Service shall, on and after the effective
date of this Act, continue to submit to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of the
Senate any report required, on the day before such the effective date
of this Act, to be so submitted under any provision of law.
SEC. 461. CUSTOMS USER FEES.
Section 13031(f) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)) is amended--
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following:
``(B) amounts deposited into the Customs Commercial
and Homeland Security Automation Account under
paragraph (5).'';
(2) in paragraph (4), by striking ``(other than the excess
fees determined by the Secretary under paragraph (5))''; and
(3) by striking paragraph (5) and inserting the following:
``(5)(A) There is created within the general fund of the Treasury a
separate account that shall be known as the `Customs Commercial and
Homeland Security Automation Account'. In each of fiscal years 2003,
2004, and 2005 there shall be deposited into the Account from fees
collected under subsection (a)(9)(A), $350,000,000.
``(B) There is authorized to be appropriated from the Account in
fiscal years 2003 through 2005 such amounts as are available in that
Account for the development, establishment, and implementation of the
Automated Commercial Environment computer system for the processing of
merchandise that is entered or released and for other purposes related
to the functions of the Department of Homeland Security. Amounts
appropriated pursuant to this subparagraph are authorized to remain
available until expended.
``(C) In adjusting the fee imposed by subsection (a)(9)(A) for fiscal
year 2006, the Secretary of the Treasury shall reduce the amount
estimated to be collected in fiscal year 2006 by the amount by which
total fees deposited to the Account during fiscal years 2003, 2004, and
2005 exceed total appropriations from that Account.''.
TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE
SEC. 501. UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND RESPONSE.
The Secretary, acting through the Under Secretary for Emergency
Preparedness and Response, shall be responsible for the following:
(1) Helping to ensure the preparedness of emergency response
providers for terrorist attacks, major disasters, and other
emergencies.
(2) With respect to the Nuclear Incident Response Team
(regardless of whether it is operating as an organizational
unit of the Department pursuant to this title)--
(A) establishing standards and certifying when those
standards have been met;
(B) conducting joint and other exercises and training
and evaluating performance; and
(C) providing funds to the Department of Energy and
the Environmental Protection Agency, as appropriate,
for homeland security planning, exercises and training,
and equipment.
(3) Providing the Federal Government's response to terrorist
attacks and major disasters, including--
(A) managing such response;
(B) directing the Domestic Emergency Support Team,
the Strategic National Stockpile, the National Disaster
Medical System, and (when operating as an
organizational unit of the Department pursuant to this
title) the Nuclear Incident Response Team;
(C) overseeing the Metropolitan Medical Response
System; and
(D) coordinating other Federal response resources in
the event of a terrorist attack or major disaster.
(4) Aiding the recovery from terrorist attacks and major
disasters, interventions to treat the psychological
consequences of terrorist attacks or major disasters and
provision for training for mental health workers to allow them
to respond effectively to such attacks or disasters.
(5) Building a comprehensive national incident management
system with Federal, State, and local government personnel,
agencies, and authorities, to respond to such attacks and
disasters.
(6) Consolidating existing Federal Government emergency
response plans into a single, coordinated national response
plan.
(7) Developing comprehensive programs for developing
interoperative communications technology, and helping to ensure
that emergency response providers acquire such technology.
SEC. 502. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred to the
Secretary the functions, personnel, assets, and obligations of the
following:
(1) Except as provided in section 402, the Federal Emergency
Management Agency, including the functions of the Director of
the Federal Emergency Management Agency relating thereto, and
the Integrated Hazard Information System of the Department of
Defense.
(2) The Office of Emergency Preparedness, the National
Disaster Medical System, and the Metropolitan Medical Response
System of the Department of Health and Human Services,
including the functions of the Secretary of Health and Human
Services and the Assistant Secretary for Public Health
Emergency Preparedness relating thereto.
(3) The Strategic National Stockpile of the Department of
Health and Human Services, including the functions of the
Secretary of Health and Human Services relating thereto.
SEC. 503. NUCLEAR INCIDENT RESPONSE.
(a) Nuclear Incident Response Team.--At the direction of the
Secretary (in connection with an actual or threatened terrorist attack,
major disaster, or other emergency within the United States), the
Nuclear Incident Response Team shall operate as an organizational unit
of the Department. While so operating, the Nuclear Incident Response
Team shall be subject to the direction, authority, and control of the
Secretary.
(b) Construction.--Nothing in this title shall be understood to limit
the ordinary responsibility of the Secretary of Energy and the
Administrator of the Environmental Protection Agency for organizing,
training, equipping, and utilizing their respective entities in the
Nuclear Incident Response Team, or (subject to the provisions of this
title) from exercising direction, authority, and control over them when
they are not operating as a unit of the Department.
(c) Indemnification of Contractors During Transition Period.--(1) To
the extent the Department of Energy has a duty under a covered contract
to indemnify an element of the Nuclear Incident Response Team, the
Department and the Department of Energy shall each have that duty,
whether or not the Nuclear Incident Response Team is operating as an
organizational element of the Department.
(2) Paragraph (1) applies only to a contract in effect on the date of
the enactment of this Act, and not to any extension or renewal of such
contract carried out after the date of the enactment of this Act.
SEC. 504. DEFINITION.
For purposes of this title, the term ``Nuclear Incident Response
Team'' means a resource that includes--
(1) those entities of the Department of Energy that perform
nuclear or radiological emergency support functions (including
accident response, search response, advisory, and technical
operations functions), radiation exposure functions at the
medical assistance facility known as the Radiation Emergency
Assistance/Training Site (REAC/TS), radiological assistance
functions, and related functions; and
(2) those entities of the Environmental Protection Agency
that perform radiological emergency response and support
functions.
SEC. 505. CONDUCT OF CERTAIN PUBLIC-HEALTH RELATED ACTIVITIES.
(a) In General.--With respect to all public health-related activities
to improve State, local, and hospital preparedness and response to
chemical, biological, radiological, and nuclear and other emerging
terrorist threats carried out by the Department of Health and Human
Services (including the Public Health Service), the Secretary of Health
and Human Services shall set priorities and preparedness goals and
further develop a coordinated strategy for such activities in
collaboration with the Secretary of Homeland Security.
(b) Evaluation of Progress.--In carrying out subsection (a), the
Secretary of Health and Human Services shall collaborate with the
Secretary of Homeland Security in developing specific benchmarks and
outcome measurements for evaluating progress toward achieving the
priorities and goals described in such subsection.
TITLE VI--MANAGEMENT
SEC. 601. UNDER SECRETARY FOR MANAGEMENT.
(a) In General.--The Secretary, acting through the Under Secretary
for Management, shall be responsible for the management and
administration of the Department, including the following:
(1) The budget, appropriations, expenditures of funds,
accounting, and finance.
(2) Procurement.
(3) Human resources and personnel.
(4) Information technology and communications systems.
(5) Facilities, property, equipment, and other material
resources.
(6) Security for personnel, information technology and
communications systems, facilities, property, equipment, and
other material resources.
(7) Identification and tracking of performance measures
relating to the responsibilities of the Department.
(8) Grants and other assistance management programs.
(9) The transition and reorganization process, to ensure an
efficient and orderly transfer of functions and personnel to
the Department, including the development of a transition plan.
(10) The conduct of internal audits and management analyses
of the programs and activities of the Department.
(11) Any other management duties that the Secretary may
designate.
(b) Immigration Enforcement.--
(1) In general.--In addition to the responsibilities
described in subsection (a), the Under Secretary for Management
shall be responsible for the following:
(A) Maintenance of all immigration statistical
information of the Bureau of Border Security. Such
statistical information shall include information and
statistics of the type contained in the publication
entitled ``Statistical Yearbook of the Immigration and
Naturalization Service'' prepared by the Immigration
and Naturalization Service (as in effect immediately
before the date on which the transfer of functions
specified under section 411 takes effect), including
region-by-region statistics on the aggregate number of
applications and petitions filed by an alien (or filed
on behalf of an alien) and denied by such bureau, and
the reasons for such denials, disaggregated by category
of denial and application or petition type.
(B) Establishment of standards of reliability and
validity for immigration statistics collected by the
Bureau of Border Security.
(2) Transfer of functions.--In accordance with title VIII,
there shall be transferred to the Under Secretary for
Management all functions performed immediately before such
transfer occurs by the Statistics Branch of the Office of
Policy and Planning of the Immigration and Naturalization
Service with respect to the following programs:
(A) The Border Patrol program.
(B) The detention and removal program.
(C) The intelligence program.
(D) The investigations program.
(E) The inspections program.
SEC. 602. CHIEF FINANCIAL OFFICER.
Notwithstanding section 902(a)(1) of title 31, United States Code,
the Chief Financial Officer shall report to the Secretary, or to
another official of the Department, as the Secretary may direct.
SEC. 603. CHIEF INFORMATION OFFICER.
Notwithstanding section 3506(a)(2) of title 44, United States Code,
the Chief Information Officer shall report to the Secretary, or to
another official of the Department, as the Secretary may direct.
SEC. 604. ESTABLISHMENT OF OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
The Secretary shall establish in the Department an Office for Civil
Rights and Civil Liberties, the head of which shall be the Director for
Civil Rights and Civil Liberties. The Director shall--
(1) review and assess information alleging abuses of civil
rights, civil liberties, and racial and ethnic profiling by
employees and officials of the Department;
(2) make public through the Internet, radio, television, or
newspaper advertisements information on the responsibilities
and functions of, and how to contact, the Office; and
(3) submit to the President of the Senate, the Speaker of the
House of Representatives, and the appropriate committees and
subcommittees of the Congress on a semiannual basis a report on
the implementation of this section, including the use of funds
appropriated to carry out this section, and detailing any
allegations of abuses described in paragraph (1) and any
actions taken by the Department in response to such
allegations.
TITLE VII--MISCELLANEOUS
Subtitle A--Inspector General
SEC. 701. AUTHORITY OF THE SECRETARY.
(a) In General.--Notwithstanding the last two sentences of section
3(a) of the Inspector General Act of 1978, the Inspector General shall
be under the authority, direction, and control of the Secretary with
respect to audits or investigations, or the issuance of subpoenas, that
require access to sensitive information concerning--
(1) intelligence, counterintelligence, or counterterrorism
matters;
(2) ongoing criminal investigations or proceedings;
(3) undercover operations;
(4) the identity of confidential sources, including protected
witnesses;
(5) other matters the disclosure of which would, in the
Secretary's judgment, constitute a serious threat to the
protection of any person or property authorized protection by
section 3056 of title 18, United States Code, section 202 of
title 3 of such Code, or any provision of the Presidential
Protection Assistance Act of 1976; or
(6) other matters the disclosure of which would, in the
Secretary's judgment, constitute a serious threat to national
security.
(b) Prohibition of Certain Investigations.--With respect to the
information described in subsection (a), the Secretary may prohibit the
Inspector General from carrying out or completing any audit or
investigation, or from issuing any subpoena, after such Inspector
General has decided to initiate, carry out, or complete such audit or
investigation or to issue such subpoena, if the Secretary determines
that such prohibition is necessary to prevent the disclosure of any
information described in subsection (a), to preserve the national
security, or to prevent a significant impairment to the interests of
the United States.
(c) Notification Required.--If the Secretary exercises any power
under subsection (a) or (b), the Secretary shall notify the Inspector
General of the Department in writing stating the reasons for such
exercise. Within 30 days after receipt of any such notice, the
Inspector General shall transmit a copy of such notice and a written
response thereto that includes (1) a statement as to whether the
Inspector General agrees or disagrees with such exercise and (2) the
reasons for any disagreement, to the President of the Senate and the
Speaker of the House of Representatives and to appropriate committees
and subcommittees of the Congress.
(d) Access to Information by Congress.--The exercise of authority by
the Secretary described in subsection (b) should not be construed as
limiting the right of Congress or any committee of Congress to access
any information it seeks.
(e) Oversight Responsibility--The Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting after section 8I the following:
``special provisions concerning the department of homeland security
``Sec. 8J. Notwithstanding any other provision of law, in carrying
out the duties and responsibilities specified in this Act, the
Inspector General of the Department of Homeland Security shall have
oversight responsibility for the internal investigations performed by
the Office of Internal Affairs of the United States Customs Service and
the Office of Inspections of the United States Secret Service. The head
of each such office shall promptly report to the Inspector General the
significant activities being carried out by such office.''.
Subtitle B--United States Secret Service
SEC. 711. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred to the
Secretary the functions, personnel, assets, and obligations of the
United States Secret Service, which shall be maintained as a distinct
entity within the Department, including the functions of the Secretary
of the Treasury relating thereto.
Subtitle C--Critical Infrastructure Information
SEC. 721. SHORT TITLE.
This subtitle may be cited as the ``Critical Infrastructure
Information Act of 2002''.
SEC. 722. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given it in
section 551 of title 5, United States Code.
(2) Covered federal agency.--The term ``covered Federal
agency'' means the Department of Homeland Security.
(3) Critical infrastructure information.--The term ``critical
infrastructure information'' means information not customarily
in the public domain and related to the security of critical
infrastructure or protected systems--
(A) actual, potential, or threatened interference
with, attack on, compromise of, or incapacitation of
critical infrastructure or protected systems by either
physical or computer-based attack or other similar
conduct (including the misuse of or unauthorized access
to all types of communications and data transmission
systems) that violates Federal, State, or local law,
harms interstate commerce of the United States, or
threatens public health or safety;
(B) the ability of any critical infrastructure or
protected system to resist such interference,
compromise, or incapacitation, including any planned or
past assessment, projection, or estimate of the
vulnerability of critical infrastructure or a protected
system, including security testing, risk evaluation
thereto, risk management planning, or risk audit; or
(C) any planned or past operational problem or
solution regarding critical infrastructure or protected
systems, including repair, recovery, reconstruction,
insurance, or continuity, to the extent it is related
to such interference, compromise, or incapacitation.
(4) Critical infrastructure protection program.--The term
``critical infrastructure protection program'' means any
component or bureau of a covered Federal agency that has been
designated by the President or any agency head to receive
critical infrastructure information.
(5) Information sharing and analysis organization.--The term
``Information Sharing and Analysis Organization'' means any
formal or informal entity or collaboration created or employed
by public or private sector organizations, for purposes of--
(A) gathering and analyzing critical infrastructure
information in order to better understand security
problems and interdependencies related to critical
infrastructure and protected systems, so as to ensure
the availability, integrity, and reliability thereof;
(B) communicating or disclosing critical
infrastructure information to help prevent, detect,
mitigate, or recover from the effects of a
interference, compromise, or a incapacitation problem
related to critical infrastructure or protected
systems; and
(C) voluntarily disseminating critical infrastructure
information to its members, State, local, and Federal
Governments, or any other entities that may be of
assistance in carrying out the purposes specified in
subparagraphs (A) and (B).
(6) Protected system.--The term ``protected system''--
(A) means any service, physical or computer-based
system, process, or procedure that directly or
indirectly affects the viability of a facility of
critical infrastructure; and
(B) includes any physical or computer-based system,
including a computer, computer system, computer or
communications network, or any component hardware or
element thereof, software program, processing
instructions, or information or data in transmission or
storage therein, irrespective of the medium of
transmission or storage.
(7) Voluntary.--
(A) In general.--The term ``voluntary'', in the case
of any submittal of critical infrastructure information
to a covered Federal agency, means the submittal
thereof in the absence of such agency's exercise of
legal authority to compel access to or submission of
such information and may be accomplished by a single
entity or an Information Sharing and Analysis
Organization on behalf of itself or its members.
(B) Exclusions.--The term ``voluntary''--
(i) in the case of any action brought under
the securities laws as is defined in section
3(a)(47) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)(47))--
(I) does not include information or
statements contained in any documents
or materials filed with the Securities
and Exchange Commission, or with
Federal banking regulators, pursuant to
section 12(i) of the Securities
Exchange Act of 1934 (15 U.S.C.
781(I)); and
(II) with respect to the submittal of
critical infrastructure information,
does not include any disclosure or
writing that when made accompanied the
solicitation of an offer or a sale of
securities; and
(ii) does not include information or
statements submitted or relied upon as a basis
for making licensing or permitting
determinations, or during regulatory
proceedings.
SEC. 723. DESIGNATION OF CRITICAL INFRASTRUCTURE PROTECTION PROGRAM.
A critical infrastructure protection program may be designated as
such by one of the following:
(1) The President.
(2) The Secretary of Homeland Security.
SEC. 724. PROTECTION OF VOLUNTARILY SHARED CRITICAL INFRASTRUCTURE
INFORMATION.
(a) Protection.--
(1) In general.--Notwithstanding any other provision of law,
critical infrastructure information (including the identity of
the submitting person or entity) that is voluntarily submitted
to a covered Federal agency for use by that agency regarding
the security of critical infrastructure and protected systems,
if analysis, warning, interdependency study, recovery,
reconstitution, or other informational purpose, when
accompanied by an express statement specified in paragraph
(2)--
(A) shall be exempt from disclosure under section 552
of title 5, United States Code (commonly referred to as
the Freedom of Information Act);
(B) shall not be subject to any agency rules or
judicial doctrine regarding ex parte communications
with a decision making official;
(C) shall not, without the written consent of the
person or entity submitting such information, be used
directly by such agency, any other Federal, State, or
local authority, or any third party, in any civil
action arising under Federal or State law if such
information is submitted in good faith;
(D) shall not, without the written consent of the
person or entity submitting such information, be used
or disclosed by any officer or employee of the United
States for purposes other than the purposes of this
subtitle, except--
(i) in furtherance of an investigation or the
prosecution of a criminal act; or
(ii) when disclosure of the information would
be--
(I) to either House of Congress, or
to the extent of matter within its
jurisdiction, any committee or
subcommittee thereof, any joint
committee thereof or subcommittee of
any such joint committee; or
(II) to the Comptroller General, or
any authorized representative of the
Comptroller General, in the course of
the performance of the duties of the
General Accounting Office.
(E) shall not, if provided to a State or local
government or government agency--
(i) be made available pursuant to any State
or local law requiring disclosure of
information or records;
(ii) otherwise be disclosed or distributed to
any party by said State or local government or
government agency without the written consent
of the person or entity submitting such
information; or
(iii) be used other than for the purpose of
protecting critical infrastructure or protected
systems, or in furtherance of an investigation
or the prosecution of a criminal act; and
(F) does not constitute a waiver of any applicable
privilege or protection provided under law, such as
trade secret protection.
(2) Express statement.--For purposes of paragraph (1), the
term ``express statement'', with respect to information or
records, means--
(A) in the case of written information or records, a
written marking on the information or records
substantially similar to the following: ``This
information is voluntarily submitted to the Federal
Government in expectation of protection from disclosure
as provided by the provisions of the Critical
Infrastructure Information Act of 2002.''; or
(B) in the case of oral information, a similar
written statement submitted within a reasonable period
following the oral communication.
(b) Limitation.--No communication of critical infrastructure
information to a covered Federal agency made pursuant to this subtitle
shall be considered to be an action subject to the requirements of the
Federal Advisory Committee Act (5 U.S.C. App. 2).
(c) Independently Obtained Information.--Nothing in this section
shall be construed to limit or otherwise affect the ability of a State,
local, or Federal Government entity, agency, or authority, or any third
party, under applicable law, to obtain critical infrastructure
information in a manner not covered by subsection (a), including any
information lawfully and properly disclosed generally or broadly to the
public and to use such information in any manner permitted by law.
(d) Treatment of Voluntary Submittal of Information.--The voluntary
submittal to the Government of information or records that are
protected from disclosure by this subtitle shall not be construed to
constitute compliance with any requirement to submit such information
to a Federal agency under any other provision of law.
(e) Procedures.--
(1) In general.--The Secretary of the Department of Homeland
Security shall, in consultation with appropriate
representatives of the National Security Council and the Office
of Science and Technology Policy, establish uniform procedures
for the receipt, care, and storage by Federal agencies of
critical infrastructure information that is voluntarily
submitted to the Government. The procedures shall be
established not later than 90 days after the date of the
enactment of this subtitle.
(2) Elements.--The procedures established under paragraph (1)
shall include mechanisms regarding--
(A) the acknowledgement of receipt by Federal
agencies of critical infrastructure information that is
voluntarily submitted to the Government;
(B) the maintenance of the identification of such
information as voluntarily submitted to the Government
for purposes of and subject to the provisions of this
subtitle;
(C) the care and storage of such information; and
(D) the protection and maintenance of the
confidentiality of such information so as to permit the
sharing of such information within the Federal
Government and with State and local governments, and
the issuance of notices and warnings related to the
protection of critical infrastructure and protected
systems, in such manner as to protect from public
disclosure the identity of the submitting person or
entity, or information that is proprietary, business
sensitive, relates specifically to the submitting
person or entity, and is otherwise not appropriately in
the public domain.
(f) Penalties.--Whoever, being an officer or employee of the United
States or of any department or agency thereof, knowingly publishes,
divulges, discloses, or makes known in any manner or to any extent not
authorized by law, any critical infrastructure information protected
from disclosure by this subtitle coming to him in the course of this
employment or official duties or by reason of any examination or
investigation made by, or return, report, or record made to or filed
with, such department or agency or officer or employee thereof, shall
be fined under title 18 of the United States Code, imprisoned not more
that one year, or both, and shall be removed from office or employment.
(g) Authority To Issue Warnings.--The Federal Government may provide
advisories, alerts, and warnings to relevant companies, targeted
sectors, other governmental entities, or the general public regarding
potential threats to critical infrastructure as appropriate. In issuing
a warning, the Federal Government shall take appropriate actions to
protect from disclosure--
(1) the source of any voluntarily submitted critical
infrastructure information that forms the basis for the
warning; or
(2) information that is proprietary, business sensitive,
relates specifically to the submitting person or entity, or is
otherwise not appropriately in the public domain.
(h) Authority To Delegate.--The President may delegate authority to a
critical infrastructure protection program, designated under subsection
(e), to enter into a voluntary agreement to promote critical
infrastructure security, including with any Information Sharing and
Analysis Organization, or a plan of action as otherwise defined in
section 708 of the Defense Production Act of 1950 (50 U.S.C. App.
2158).
SEC. 725. NO PRIVATE RIGHT OF ACTION.
Nothing in this subtitle may be construed to create a private right
of action for enforcement of any provision of this Act.
Subtitle D--Acquisitions
SEC. 731. RESEARCH AND DEVELOPMENT PROJECTS.
(a) Authority.--During the five-year period following the effective
date of this Act, the Secretary may carry out a pilot program under
which the Secretary may exercise the following authorities:
(1)(A) In carrying out basic, applied, and advanced research
and development projects for response to existing or emerging
terrorist threats, the Secretary may exercise the same
authority (subject to the same limitations and conditions) with
respect to such research and projects as the Secretary of
Defense may exercise under section 2371 of title 10, United
States Code (except for subsections (b) and (f) of such
section), after making a determination that--
(i) the use of a contract, grant, or cooperative
agreement for such projects is not feasible or
appropriate; and
(ii) use of other authority to waive Federal
procurement laws or regulations would not be feasible
or appropriate to accomplish such projects.
(B) The annual report required under subsection (h) of such
section 2371, as applied to the Secretary by this paragraph,
shall be submitted to the President of the Senate and the
Speaker of the House of Representatives.
(2)(A) Under the authority of paragraph (1) and subject to
the limitations of such paragraph, the Secretary may carry out
prototype projects, in accordance with the requirements and
conditions provided for carrying out prototype projects under
section 845 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note).
(B) In applying the authorities of such section 845--
(i) subsection (c) thereof shall apply with respect
to prototype projects under this paragraph, except that
in applying such subsection any reference in such
subsection to the Comptroller General shall be deemed
to refer to the Comptroller General and the Inspector
General of the Department; and
(ii) the Secretary shall perform the functions of the
Secretary of Defense under subsection (d) thereof.
(b) Report.--Not later than one year after the effective date of this
Act, and annually thereafter, the Comptroller General shall report to
the Committee on Government Reform of the House of Representatives and
the Committee on Governmental Affairs of the Senate on--
(1) whether use of the authorities described in subsection
(a) attracts nontraditional Government contractors and results
in the acquisition of needed technologies; and
(2) if such authorities were to be made permanent, whether
additional safeguards are needed with respect to the use of
such authorities.
(c) Definition of Nontraditional Government Contractor.--In this
section, the term ``nontraditional Government contractor'' has the same
meaning as the term ``nontraditional defense contractor'' as defined in
section 845(e) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note).
SEC. 732. PERSONAL SERVICES.
The Secretary--
(1) may procure the temporary or intermittent services of
experts or consultants (or organizations thereof) in accordance
with section 3109 of title 5, United States Code; and
(2) may, whenever necessary due to an urgent homeland
security need, procure temporary (not to exceed 1 year) or
intermittent personal services, including the services of
experts or consultants (or organizations thereof), without
regard to the pay limitations of such section 3109.
SEC. 733. SPECIAL STREAMLINED ACQUISITION AUTHORITY.
(a) Authority.--(1) The Secretary may use the authorities set forth
in this section with respect to any procurement made during the period
beginning on the effective date of this Act and ending September 30,
2007, if the Secretary determines in writing that the mission of the
Department (as described in section 101) would be seriously impaired
without the use of such authorities.
(2) The authority to make the determination described in paragraph
(1) may not be delegated by the Secretary to an officer of the
Department who is not appointed by the President with the advice and
consent of the Senate.
(3) Not later than the date that is seven days after the date of any
determination under paragraph (1), the Secretary shall submit to the
Committee on Government Reform of the House of Representatives and the
Committee on Governmental Affairs of the Senate--
(A) notification of such determination; and
(B) the justification for such determination.
(b) Increased Micro-Purchase Threshold For Certain Procurements.--(1)
The Secretary may designate certain employees of the Department to make
procurements described in subsection (a) for which in the
administration of section 32 of the Office of Federal Procurement
Policy Act (41 U.S.C. 428) the amount specified in subsections (c),
(d), and (f) of such section 32 shall be deemed to be $5,000.
(2) The number of employees designated under paragraph (1) shall be--
(A) fewer than the number of employees of the Department who
are authorized to make purchases without obtaining competitive
quotations, pursuant to section 32(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 428(c));
(B) sufficient to ensure the geographic dispersal of the
availability of the use of the procurement authority under such
paragraph at locations reasonably considered to be potential
terrorist targets; and
(C) sufficiently limited to allow for the careful monitoring
of employees designated under such paragraph.
(3) Procurements made under the authority of this subsection shall be
subject to review by a designated supervisor on not less than a monthly
basis. The supervisor responsible for the review shall be responsible
for no more than 7 employees making procurements under this subsection.
(c) Simplified Acquisition Procedures.--(1) With respect to a
procurement described in subsection (a), the Secretary may deem the
simplified acquisition threshold referred to in section 4(11) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(11)) to be
$175,000.
(2) Section 18(c)(1) of the Office of Federal Procurement Policy Act
is amended--
(A) by striking ``or'' at the end of suparagraph (F);
(B) by striking the period at the end of subparagraph (G) and
inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(H) the procurement is by the Secretary of Homeland
Security pursuant to the special procedures provided in section
733(c) of the Homeland Security Act of 2002.''.
(d) Application of Certain Commercial Items Authorities.--(1) With
respect to a procurement described in subsection (a), the Secretary may
deem any item or service to be a commercial item for the purpose of
Federal procurement laws.
(2) The $5,000,000 limitation provided in section 31(a)(2) of the
Office of Federal Procurement Policy Act (41 U.S.C. 427(a)(2)) and
section 303(g)(1)(B) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253(g)(1)(B)) shall be deemed to be
$7,500,000 for purposes of property or services under the authority of
this subsection.
(3) Authority under a provision of law referred to in paragraph (2)
that expires under section 4202(e) of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106; 10 U.S.C. 2304 note) shall,
notwithstanding such section, continue to apply for a procurement
described in subsection (a).
(e) Report.--Not later than 180 days after the end of fiscal year
2005, the Comptroller General shall submit to the Committee on
Governmental Affairs of the Senate and the Committee on Government
Reform of the House of Representatives a report on the use of the
authorities provided in this section. The report shall contain the
following:
(1) An assessment of the extent to which property and
services acquired using authorities provided under this section
contributed to the capacity of the Federal workforce to
facilitate the mission of the Department as described in
section 101.
(2) An assessment of the extent to which prices for property
and services acquired using authorities provided under this
section reflected the best value.
(3) The number of employees designated by each executive
agency under subsection (b)(1).
(4) An assessment of the extent to which the Department has
implemented subsections (b)(2) and (b)(3) to monitor the use of
procurement authority by employees designated under subsection
(b)(1).
(5) Any recommendations of the Comptroller General for
improving the effectiveness of the implementation of the
provisions of this section.
SEC. 734. PROCUREMENTS FROM SMALL BUSINESSES.
There is established in the Department an office to be known as the
``Office of Small and Disadvantaged Business Utilization''. The
management of such office shall be vested in the manner described in
section 15(k) of the Small Business Act (15 U.S.C. 644(k)) and shall
carry out the functions described in such section.
Subtitle E--Property
SEC. 741. DEPARTMENT HEADQUARTERS.
(a) In General.--Subject to the requirements of the Public Buildings
Act of 1959 (40 U.S.C. 601 et seq.), the Administrator of General
Services shall construct a public building to serve as the headquarters
for the Department.
(b) Location and Construction Standards.--The headquarters facility
shall be constructed to such standards and specifications and at such a
location as the Administrator of General Services decides. In selecting
a site for the headquarters facility, the Administrator shall give
preference to parcels of land that are federally owned.
(c) Use of Headquarters Facility.--The Administrator of General
Services shall make the headquarter facility, as well as other
Government-owned or leased facilities, available to the Secretary
pursuant to the Administrator's authorities under section 210 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490
et seq.) and there is authorized to be appropriated to the Secretary
such amounts as may be necessary to pay the annual charges for General
Services Administration furnished space and services.
Subtitle F--Support Anti-terrorism by Fostering Effective Technologies
Act of 2002 (the SAFETY Act)
SEC. 751. SHORT TITLE.
This subtitle may be cited as the ``Support Anti-terrorism by
Fostering Effective Technologies Act of 2002'' or the ``SAFETY Act''.
SEC. 752. ADMINISTRATION.
(a) In General.--The Secretary shall be responsible for the
administration of this subtitle.
(b) Designation of Qualified Anti-Terrorism Technologies.--The
Secretary may designate anti-terrorism technologies that qualify for
protection under the system of risk management set forth in this
subtitle in accordance with criteria that shall include, but not be
limited to, the following:
(1) Prior and extensive United States government use and
demonstrated substantial utility and effectiveness.
(2) Availability of the technology for immediate deployment
in public and private settings.
(3) Existence of extraordinarily large or extraordinarily
unquantifiable potential third party liability risk exposure to
the Seller or other provider of such anti-terrorism technology.
(4) Substantial likelihood that such anti-terrorism
technology will not be deployed unless protections under the
system of risk management provided under this subtitle are
extended.
(5) Magnitude of risk exposure to the public if such anti-
terrorism technology is not deployed.
(6) evaluation of all scientific studies that can be feasibly
conducted in order to assess the capability of the technology
to substantially reduce risks of harm.
(c) Regulations.--The Secretary may issue such regulations, after
notice and comment in accordance with section 553 of title 5, United
States, Code, as may be necessary to carry out this subtitle.
SEC. 753. LITIGATION MANAGEMENT.
(a) Federal Cause of Action.--(1) There shall exist a Federal cause
of action for claims arising out of, relating to, or resulting from an
act of terrorism when qualified anti-terrorism technologies have been
deployed in defense against such act and such claims result or may
result in loss to the Seller. The substantive law for decision in any
such action shall be derived from the law, including choice of law
principles, of the State in which such acts of terrorism occurred,
unless such law is inconsistent with or preempted by Federal law.
(2) Such appropriate district court of the United States shall have
original and exclusive jurisdiction over all actions for any claim for
loss of property, personal injury, or death arising out of, relating
to, or resulting from an act of terrorism when qualified anti-terrorism
technologies have been deployed in defense against such act and such
claims result or may result in loss to the Seller.
(b) Special Rules.--In an action brought under this section for
damages the following provisions apply:
(1) No punitive damages intended to punish or deter,
exemplary damages, or other damages not intended to compensate
a plaintiff for actual losses may be awarded, nor shall any
party be liable for interest prior to the judgment.
(2)(A) Noneconomic damages may be awarded against a defendant
only in an amount directly proportional to the percentage of
responsibility of such defendant for the harm to the plaintiff,
and no plaintiff may recover noneconomic damages unless the
plaintiff suffered physical harm.
(B) For purposes of subparagraph (A), the term ``noneconomic
damages'' means damages for losses for physical and emotional
pain, suffering, inconvenience, physical impairment, mental
anguish, disfigurement, loss of enjoyment of life, loss of
society and companionship, loss of consortium, hedonic damages,
injury to reputation, and any other nonpecuniary losses.
(c) Collateral Sources.--Any recovery by a plaintiff in an action
under this section shall be reduced by the amount of collateral source
compensation, if any, that the plaintiff has received or is entitled to
receive as a result of such acts of terrorism that result or may result
in loss to the Seller.
(d) Government Contractor Defense.--(1) Should a product liability
lawsuit be filed for claims arising out of, relating to, or resulting
from an act of terrorism when qualified anti-terrorism technologies
approved by the Secretary, as provided in paragraphs (2) and (3) of
this subsection, have been deployed in defense against such act and
such claims result or may result in loss to the Seller, there shall be
a rebuttable presumption that the government contractor defense applies
in such lawsuit. This presumption shall only be overcome by evidence
showing that the Seller acted fraudulently or with willful misconduct
in submitting information to the Secretary during the course of the
Secretary's consideration of such technology under this subsection.
This presumption of the government contractor defense shall apply
regardless of whether the claim against the Seller arises from a sale
of the product to Federal Government or non-Federal Government
customers.
(2) The Secretary will be exclusively responsible for the review and
approval of anti-terrorism technology for purposes of establishing a
government contractor defense in any product liability lawsuit for
claims arising out of, relating to, or resulting from an act of
terrorism when qualified anti-terrorism technologies approved by the
Secretary, as provided in this paragraph and paragraph (3), have been
deployed in defense against such act and such claims result or may
result in loss to the Seller. Upon the Seller's submission to the
Secretary for approval of anti-terrorism technology, the Secretary will
conduct a comprehensive review of the design of such technology and
determine whether it will perform as intended, conforms to the Seller's
specifications, and is safe for use as intended. The Seller will
conduct safety and hazard analyses on such technology and will supply
the Secretary with all such information.
(3) For those products reviewed and approved by the Secretary, the
Secretary will issue a certificate of conformance to the Seller and
place the product on an Approved Product List for Homeland Security.
(e) Exclusion.--Nothing in this section shall in any way limit the
ability of any person to seek any form of recovery from any person,
government, or other entity that--
(1) attempts to commit, knowingly participates in, aids and
abets, or commits any act of terrorism, or any criminal act
related to or resulting from such act of terrorism; or
(2) participates in a conspiracy to commit any such act of
terrorism or any such criminal act.
SEC. 754. RISK MANAGEMENT.
(a) In General.--(1) Any person or entity that sells or otherwise
provides a qualified anti-terrorism technology to non-federal
government customers (``Seller'') shall obtain liability insurance of
such types and in such amounts as shall be required in accordance with
this section to satisfy otherwise compensable third-party claims
arising out of, relating to, or resulting from an act of terrorism when
qualified anti-terrorism technologies have been deployed in defense
against such act.
(2) For the total claims related to one such act of terrorism, the
Seller is not required to obtain liability insurance of more than the
maximum amount of liability insurance reasonably available from private
sources on the world market at prices and terms that will not
unreasonably distort the sales price of Seller's anti-terrorism
technologies.
(3) Liability insurance obtained pursuant to this subsection shall,
in addition to the Seller, protect the following, to the extent of
their potential liability for involvement in the manufacture,
qualification, sale, use, or operation of qualified anti-terrorism
technologies deployed in defense against an act of terrorism:
(A) contractors, subcontractors, suppliers, vendors and
customers of the Seller.
(B) contractors, subcontractors, suppliers, and vendors of
the customer.
(4) Such liability insurance under this section shall provide
coverage against third party claims arising out of, relating to, or
resulting from the sale or use of anti-terrorism technologies.
(b) Reciprocal Waiver of Claims.--The Seller shall enter into a
reciprocal waiver of claims with its contractors, subcontractors,
suppliers, vendors and customers, and contractors and subcontractors of
the customers, involved in the manufacture, sale, use or operation of
qualified anti-terrorism technologies, under which each party to the
waiver agrees to be responsible for losses, including business
interruption losses, that it sustains, or for losses sustained by its
own employees resulting from an activity resulting from an act of
terrorism when qualified anti-terrorism technologies have been deployed
in defense against such act.
(c) Extent of Liability.--Notwithstanding any other provision of law,
liability for all claims against a Seller arising out of, relating to,
or resulting from an act of terrorism when qualified anti-terrorism
technologies have been deployed in defense against such act and such
claims result or may result in loss to the Seller, whether for
compensatory or punitive damages or for contribution or indemnity,
shall not be in an amount greater than the limits of liability
insurance coverage required to be maintained by the Seller under this
section.
SEC. 755. DEFINITIONS.
For purposes of this subtitle, the following definitions apply:
(1) Qualified anti-terrorism technology.--For purposes of
this subtitle, the term ``qualified anti-terrorism technology''
means any product, device, or technology designed, developed,
or modified for the specific purpose of preventing, detecting,
identifying, or deterring acts of terrorism and limiting the
harm such acts might otherwise cause, that is designated as
such by the Secretary.
(2) Act of terrorism.--(A) The term ``act of terrorism''
means any act that the Secretary determines meets the
requirements under subparagraph (B), as such requirements are
further defined and specified by the Secretary.
(B) Requirements.--An act meets the requirements of this
subparagraph if the act--
(i) is unlawful;
(ii) causes harm to a person, property, or entity, in
the United States, or in the case of a domestic United
States air carrier or a United States-flag vessel (or a
vessel based principally in the United States on which
United States income tax is paid and whose insurance
coverage is subject to regulation in the United
States), in or outside the United States; and
(iii) uses or attempts to use instrumentalities,
weapons or other methods designed or intended to cause
mass destruction, injury or other loss to citizens or
institutions of the United States.
(3) Insurance carrier.--The term ``insurance carrier'' means
any corporation, association, society, order, firm, company,
mutual, partnership, individual aggregation of individuals, or
any other legal entity that provides commercial property and
casualty insurance. Such term includes any affiliates of a
commercial insurance carrier.
(4) Liability insurance.--
(A) In general.--The term ``liability insurance''
means insurance for legal liabilities incurred by the
insured resulting from--
(i) loss of or damage to property of others;
(ii) ensuing loss of income or extra expense
incurred because of loss of or damage to
property of others;
(iii) bodily injury (including) to persons
other than the insured or its employees; or
(iv) loss resulting from debt or default of
another.
(5) Loss.--The term ``loss'' means death, bodily injury, or
loss of or damage to property, including business interruption
loss.
(6) Non-federal government customers.--The term ``non-Federal
Government customers'' means any customer of a Seller that is
not an agency or instrumentality of the United States
Government with authority under Public Law 85-804 to provide
for indemnification under certain circumstances for third-party
claims against its contractors, including but not limited to
State and local authorities and commercial entities.
Subtitle G--Other Provisions
SEC. 761. ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT SYSTEM.
(a) Authority.--
(1) In general.--Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following:
``CHAPTER 97--DEPARTMENT OF HOMELAND SECURITY
``Sec.
``9701. Establishment of human resources management system.
``Sec. 9701. Establishment of human resources management system
``(a) In General.--Notwithstanding any other provision of this title,
the Secretary of Homeland Security may, in regulations prescribed
jointly with the Director of the Office of Personnel Management,
establish, and from time to time adjust, a human resources management
system for some or all of the organizational units of the Department of
Homeland Security.
``(b) System Requirements.--Any system established under subsection
(a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of merit and
fitness set forth in section 2301, including the
principles of hiring based on merit, fair treatment
without regard to political affiliation or other non-
merit considerations, equal pay for equal work, and
protection of employees against reprisal for
whistleblowing;
``(B) any provision of section 2302, relating to
prohibited personnel practices;
``(C)(i) any provision of law referred to in section
2302(b)(1); or
``(ii) any provision of law implementing any
provision of law referred to in section 2302(b)(1) by--
``(I) providing for equal employment
opportunity through affirmative action; or
``(II) providing any right or remedy
available to any employee or applicant for
employment in the civil service;
``(D) any other provision of this title (as described
in subsection (c)); or
``(E) any rule or regulation prescribed under any
provision of law referred to in any of the preceding
subparagraphs of this paragraph;
``(4) ensure that employees may organize, bargain
collectively, and participate through labor organizations of
their own choosing in decisions which affect them, subject to
any exclusion from coverage or limitation on negotiability
established by law or under subsection (a) for employees
engaged in intelligence, counterintelligence, investigative, or
security work which directly affects national security; and
``(5) permit the use of a category rating system for
evaluating applicants for positions in the competitive service.
``(c) Other Nonwaivable Provisions.--The other provisions of this
title, as referred to in subsection (b)(3)(D), are (to the extent not
otherwise specified in subparagraph (A), (B), (C), or (D) of subsection
(b)(3))--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and 79, and
this chapter.
``(d) Limitations Relating to Pay.--Nothing in this section shall
constitute authority--
``(1) to modify the pay of any employee who serves in--
``(A) an Executive Schedule position under subchapter
II of chapter 53 of title 5, United States Code; or
``(B) a position for which the rate of basic pay is
fixed in statute by reference to a section or level
under subchapter II of chapter 53 of such title 5;
``(2) to fix pay for any employee or position at an annual
rate greater than the maximum amount of cash compensation
allowable under section 5307 of such title 5 in a year; or
``(3) to exempt any employee from the application of such
section 5307.
``(e) Sunset Provision.--Effective 5 years after the date of the
enactment of this section, all authority to issue regulations under
this section (including regulations which would modify, supersede, or
terminate any regulations previously issued under this section) shall
cease to be available.''.
(2) Clerical amendment.--The table of chapters for part III
of title 5, United States Code, is amended by adding at the end
the following:
``97. Department of Homeland Security....................... 9701''.
(b) Effect on Personnel.--
(1) Non-separation or non-reduction in grade or compensation
of full-time personnel and part-time personnel holding
permanent positions.--Except as otherwise provided in this Act,
the transfer pursuant to this Act of full-time personnel
(except special Government employees) and part-time personnel
holding permanent positions shall not cause any such employee
to be separated or reduced in grade or compensation for one
year after the date of transfer to the Department.
(2) Positions compensated in accordance with executive
schedule.--Any person who, on the day preceding such person's
date of transfer pursuant to this Act, held a position
compensated in accordance with the Executive Schedule
prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in the Department
to a position having duties comparable to the duties performed
immediately preceding such appointment shall continue to be
compensated in such new position at not less than the rate
provided for such previous position, for the duration of the
service of such person in such new position.
(3) Coordination rule.--Any exercise of authority under
chapter 97 of title 5, United States Code (as amended by
subsection (a)), including under any system established under
such chapter, shall be in conformance with the requirements of
this subsection.
SEC. 762. ADVISORY COMMITTEES.
The Secretary may establish, appoint members of, and use the services
of, advisory committees, as the Secretary may deem necessary. An
advisory committee established under this section may be exempted by
the Secretary from Public Law 92-463, but the Secretary shall publish
notice in the Federal Register announcing the establishment of such a
committee and identifying its purpose and membership. Notwithstanding
the preceding sentence, members of an advisory committee that is
exempted by the Secretary under the preceding sentence who are special
Government employees (as that term is defined in section 202 of title
18, United States Code) shall be eligible for certifications under
subsection (b)(3) of section 208 of title 18, United States Code, for
official actions taken as a member of such advisory committee.
SEC. 763. REORGANIZATION; TRANSFER OF APPROPRIATIONS.
(a) Reorganization.--
(1) In general.--The Secretary may allocate or reallocate
functions among the officers of the Department, and may
establish, consolidate, alter, or discontinue organizational
units within the Department, but only--
(A) pursuant to section 802; or
(B) after the expiration of 60 days after providing
notice of such action to the appropriate congressional
committees, which shall include an explanation of the
rationale for the action.
(2) Limitations.--(A) Authority under paragraph (1)(A) does
not extend to the abolition of any agency, entity,
organizational unit, program, or function established or
required to be maintained by this Act.
(B) Authority under paragraph (1)(B) does not extend to the
abolition of any agency, entity, organizational unit, program,
or function established or required to be maintained by
statute.
(b) Transfer of Appropriations.--
(1) In general.--Except as otherwise specifically provided by
law, not to exceed two percent of any appropriation available
to the Secretary in any fiscal year may be transferred between
such appropriations, except that not less than 15 days' notice
shall be given to the Committees on Appropriations of the
Senate and House of Representatives before any such transfer is
made.
(2) Expiration of authority.--The authority under paragraph
(1) shall expire two years after the date of enactment of this
Act.
SEC. 764. MISCELLANEOUS AUTHORITIES.
(a) Seal.--The Department shall have a seal, whose design is subject
to the approval of the President.
(b) Gifts, Devises, and Bequests.--With respect to the Department,
the Secretary shall have the same authorities that the Attorney General
has with respect to the Department of Justice under section 524(d) of
title 28, United States Code.
(c) Participation of Members of the Armed Forces.--With respect to
the Department, the Secretary shall have the same authorities that the
Secretary of Transportation has with respect to the Department of
Transportation under section 324 of title 49, United States Code.
(d) Redelegation of Functions.--Unless otherwise provided in the
delegation or by law, any function delegated under this Act may be
redelegated to any subordinate.
SEC. 765. MILITARY ACTIVITIES.
Nothing in this Act shall confer upon the Secretary any authority to
engage in warfighting, the military defense of the United States, or
other military activities, nor shall anything in this Act limit the
existing authority of the Department of Defense or the Armed Forces to
engage in warfighting, the military defense of the United States, or
other military activities.
SEC. 766. REGULATORY AUTHORITY.
Except as otherwise provided in this Act, this Act vests no new
regulatory authority in the Secretary or any other Federal official,
and transfers to the Secretary or another Federal official only such
regulatory authority as exists on the date of enactment of this Act
within any agency, program, or function transferred to the Department
pursuant to this Act, or that on such date of enactment is exercised by
another official of the executive branch with respect to such agency,
program, or function. Any such transferred authority may not be
exercised by an official from whom it is transferred upon transfer of
such agency, program, or function to the Secretary or another Federal
official pursuant to this Act. This Act may not be construed as
altering or diminishing the regulatory authority of any other executive
agency, except to the extent that this Act transfers such authority
from the agency.
SEC. 767. PROVISIONS REGARDING TRANSFERS FROM DEPARTMENT OF ENERGY.
(a) Separate Contracting.--To the extent that programs or activities
transferred by this Act from the Department of Energy to the Department
of Homeland Security are being carried out through contracts with the
operator of a national laboratory of the Department of Energy, the
Secretary of Homeland Security and the Secretary of Energy shall ensure
that contracts for such programs and activities between the Department
of Homeland Security and such operator are separate from the contracts
of the Department of Energy with such operator.
(b) Homeland Security Center.--(1) Notwithstanding section 307, the
Secretary, acting through the Under Secretary for Science and
Technology, shall establish at a national security laboratory of the
National Nuclear Security Administration, a center to serve as the
primary location for carrying out research, development, test, and
evaluation activities of the Department related to the goals described
in section 301(6)(A) and (B). The Secretary shall establish, in
concurrence with the Secretary of Energy, such additional centers at
one or more national laboratories of the Department of Energy as the
Secretary considers appropriate to serve as secondary locations for
carrying out such activities.
(2) Each center established under paragraph (1) shall be composed of
such facilities and assets as are required for the performance of such
activities. The particular facilities and assets shall be designated
and transferred by the Secretary of Energy with the concurrence of the
Secretary.
(c) Reimbursement of Costs.--In the case of an activity carried out
by the operator of a national laboratory of the Department of Energy
but under contract with the Department of Homeland Security, the
Department of Homeland Security shall reimburse the Department of
Energy for costs of such activity through a method under which the
Secretary of Energy waives any requirement for the Department of
Homeland Security to pay administrative charges or personnel costs of
the Department of Energy or its contractors in excess of the amount
that the Secretary of Energy pays for an activity carried out by such
contractor and paid for by the Department of Energy.
(d) Laboratory Directed Research and Development by the Department of
Energy.--No funds authorized to be appropriated or otherwise made
available to the Department in any fiscal year may be obligated or
expended for laboratory directed research and development activities
carried out by the Department of Energy unless such activities support
the mission of the Department described in section 101.
(e) Department of Energy Coordination on Homeland Security Related
Research.--The Secretary of Energy shall ensure that any research,
development, test, and evaluation activities conducted within the
Department of Energy that are directly or indirectly related to
homeland security are fully coordinated with the Secretary to minimize
duplication of effort and maximize the effective application of Federal
budget resources.
SEC. 768. COUNTERNARCOTICS OFFICER.
The Secretary shall appoint a senior official in the Department to
assume primary responsibility for coordinating policy and operations
within the Department and between the Department and other Federal
departments and agencies with respect to interdicting the entry of
illegal drugs into the United States, and tracking and severing
connections between illegal drug trafficking and terrorism.
SEC. 769. OFFICE OF INTERNATIONAL AFFAIRS.
(a) Establishment.--There is established within the Office of the
Secretary an Office of International Affairs. The Office shall be
headed by a Director, who shall be a senior official appointed by the
Secretary.
(b) Duties of the Director.--The Director shall have the following
duties:
(1) To promote information and education exchange with
nations friendly to the United States in order to promote
sharing of best practices and technologies relating to homeland
security. Such information exchange shall include the
following:
(A) Joint research and development on
countermeasures.
(B) Joint training exercises of first responders.
(C) Exchange of expertise on terrorism prevention,
response, and crisis management.
(2) To identify areas for homeland security information and
training exchange where the United States has a demonstrated
weakness and another friendly nation or nations have a
demonstrated expertise.
(3) To plan and undertake international conferences, exchange
programs, and training activities.
(4) To manage international activities within the Department
in coordination with other Federal officials with
responsibility for counter-terrorism matters.
SEC. 770. PROHIBITION OF THE TERRORISM INFORMATION AND PREVENTION
SYSTEM.
Any and all activities of the Federal Government to implement the
proposed component program of the Citizen Corps known as Operation TIPS
(Terrorism Information and Prevention System) are hereby prohibited.
SEC. 771. REVIEW OF PAY AND BENEFIT PLANS.
Notwithstanding any other provision of this Act, the Secretary shall,
in consultation with the Director of the Office of Personnel
Management, review the pay and benefit plans of each agency whose
functions are transferred under this Act to the Department and, within
90 days after the date of enactment, submit a plan to the President of
the Senate and the Speaker of the House of Representatives and the
appropriate committees and subcommittees of the Congress, for ensuring,
to the maximum extent practicable, the elimination of disparities in
pay and benefits throughout the Department, especially among law
enforcement personnel, that are inconsistent with merit system
principles set forth in section 2301 of title 5, United States Code.
SEC. 772. ROLE OF THE DISTRICT OF COLUMBIA.
The Secretary (or the Secretary's designee) shall work in cooperation
with the Mayor of the District of Columbia (or the Mayor's designee)
for the purpose of integrating the District of Columbia into the
planning, coordination, and execution of the activities of the Federal
Government for the enhancement of domestic preparedness against the
consequences of terrorist attacks.
SEC. 773. TRANSFER OF THE FEDERAL LAW ENFORCEMENT TRAINING CENTER.
There shall be transferred to the Attorney General the functions,
personnel, assets, and liabilities of the Federal Law Enforcement
Training Center, including any functions of the Secretary of the
Treasury relating thereto.
TITLE VIII--TRANSITION
Subtitle A--Reorganization Plan
SEC. 801. DEFINITIONS.
For purposes of this title:
(1) The term ``agency'' includes any entity, organizational
unit, program, or function.
(2) The term ``transition period'' means the 12-month period
beginning on the effective date of this Act.
SEC. 802. REORGANIZATION PLAN.
(a) Submission of Plan.--Not later than 60 days after the date of the
enactment of this Act, the President shall transmit to the appropriate
congressional committees a reorganization plan regarding the following:
(1) The transfer of agencies, personnel, assets, and
obligations to the Department pursuant to this Act.
(2) Any consolidation, reorganization, or streamlining of
agencies transferred to the Department pursuant to this Act.
(b) Plan Elements.--The plan transmitted under subsection (a) shall
contain, consistent with this Act, such elements as the President deems
appropriate, including the following:
(1) Identification of any functions of agencies transferred
to the Department pursuant to this Act that will not be
transferred to the Department under the plan.
(2) Specification of the steps to be taken by the Secretary
to organize the Department, including the delegation or
assignment of functions transferred to the Department among
officers of the Department in order to permit the Department to
carry out the functions transferred under the plan.
(3) Specification of the funds available to each agency that
will be transferred to the Department as a result of transfers
under the plan.
(4) Specification of the proposed allocations within the
Department of unexpended funds transferred in connection with
transfers under the plan.
(5) Specification of any proposed disposition of property,
facilities, contracts, records, and other assets and
obligations of agencies transferred under the plan.
(6) Specification of the proposed allocations within the
Department of the functions of the agencies and subdivisions
that are not related directly to securing the homeland.
(c) Modification of Plan.--The President may, on the basis of
consultations with the appropriate congressional committees, modify or
revise any part of the plan until that part of the plan becomes
effective in accordance with subsection (d).
(d) Effective Date.--
(1) In general.--The reorganization plan described in this
section, including any modifications or revisions of the plan
under subsection (d), shall become effective for an agency on
the earlier of--
(A) the date specified in the plan (or the plan as
modified pursuant to subsection (d)), except that such
date may not be earlier than 90 days after the date the
President has transmitted the reorganization plan to
the appropriate congressional committees pursuant to
subsection (a); or
(B) the end of the transition period.
(2) Statutory construction.--Nothing in this subsection may
be construed to require the transfer of functions, personnel,
records, balances of appropriations, or other assets of an
agency on a single date.
(3) Supersedes existing law.--Paragraph (1) shall apply
notwithstanding section 905(b) of title 5, United States Code.
Subtitle B--Transitional Provisions
SEC. 811. TRANSITIONAL AUTHORITIES.
(a) Provision of Assistance by Officials.--Until the transfer of an
agency to the Department, any official having authority over or
functions relating to the agency immediately before the effective date
of this Act shall provide to the Secretary such assistance, including
the use of personnel and assets, as the Secretary may request in
preparing for the transfer and integration of the agency into the
Department.
(b) Services and Personnel.--During the transition period, upon the
request of the Secretary, the head of any executive agency may, on a
reimbursable basis, provide services or detail personnel to assist with
the transition.
(c) Transfer of Funds.--Until the transfer of an agency to the
Department, the President is authorized to transfer to the Secretary to
fund the purposes authorized in this Act--
(1) for administrative expenses related to the establishment
of the Department of Homeland Security, not to exceed two
percent of the unobligated balance of any appropriation enacted
prior to October 1, 2002, available to such agency; and
(2) for purposes for which the funds were appropriated, not
to exceed three percent of the unobligated balance of any
appropriation available to such agency;
except that not less than 15 days' notice shall be given to the
Committees on Appropriations of the House of Representatives and the
Senate before any such funds transfer is made.
(d) Acting Officials.--(1) During the transition period, pending the
advice and consent of the Senate to the appointment of an officer
required by this Act to be appointed by and with such advice and
consent, the President may designate any officer whose appointment was
required to be made by and with such advice and consent and who was
such an officer immediately before the effective date of this Act (and
who continues in office) or immediately before such designation, to act
in such office until the same is filled as provided in this Act. While
so acting, such officers shall receive compensation at the higher of--
(A) the rates provided by this Act for the respective offices
in which they act; or
(B) the rates provided for the offices held at the time of
designation.
(2) Nothing in this Act shall be understood to require the advice and
consent of the Senate to the appointment by the President to a position
in the Department of any officer whose agency is transferred to the
Department pursuant to this Act and whose duties following such
transfer are germane to those performed before such transfer.
(e) Transfer of Personnel, Assets, Obligations, and Functions.--Upon
the transfer of an agency to the Department--
(1) the personnel, assets, and obligations held by or
available in connection with the agency shall be transferred to
the Secretary for appropriate allocation, subject to the
approval of the Director of the Office of Management and Budget
and in accordance with the provisions of section 1531(a)(2) of
title 31, United States Code; and
(2) the Secretary shall have all functions relating to the
agency that any other official could by law exercise in
relation to the agency immediately before such transfer, and
shall have in addition all functions vested in the Secretary by
this Act or other law.
Paragraph (1) shall not apply to appropriations transferred pursuant to
section 763(b).
(f) Prohibition on Use of Transportation Trust Funds.--
(1) In general.--Notwithstanding any other provision of this
Act, no funds derived from the Highway Trust Fund, Airport and
Airway Trust Fund, Inland Waterway Trust Fund, Harbor
Maintenance Trust Fund, or Oil Spill Liability Trust Fund may
be transferred to, made available to, or obligated by the
Secretary or any other official in the Department.
(2) Limitation.--This subsection shall not apply to security-
related funds provided to the Federal Aviation Administration
for fiscal years preceding fiscal year 2003 for (A) operations,
(B) facilities and equipment, or (C) research, engineering, and
development.
SEC. 812. SAVINGS PROVISIONS.
(a) Completed Administrative Actions.--(1) Completed administrative
actions of an agency shall not be affected by the enactment of this Act
or the transfer of such agency to the Department, but shall continue in
effect according to their terms until amended, modified, superseded,
terminated, set aside, or revoked in accordance with law by an officer
of the United States or a court of competent jurisdiction, or by
operation of law.
(2) For purposes of paragraph (1), the term ``completed
administrative action'' includes orders, determinations, rules,
regulations, personnel actions, permits, agreements, grants, contracts,
certificates, licenses, registrations, and privileges.
(b) Pending Proceedings.--Subject to the authority of the Secretary
under this Act--
(1) pending proceedings in an agency, including notices of
proposed rulemaking, and applications for licenses, permits,
certificates, grants, and financial assistance, shall continue
notwithstanding the enactment of this Act or the transfer of
the agency to the Department, unless discontinued or modified
under the same terms and conditions and to the same extent that
such discontinuance could have occurred if such enactment or
transfer had not occurred; and
(2) orders issued in such proceedings, and appeals therefrom,
and payments made pursuant to such orders, shall issue in the
same manner and on the same terms as if this Act had not been
enacted or the agency had not been transferred, and any such
orders shall continue in effect until amended, modified,
superseded, terminated, set aside, or revoked by an officer of
the United States or a court of competent jurisdiction, or by
operation of law.
(c) Pending Civil Actions.--Subject to the authority of the Secretary
under this Act, pending civil actions shall continue notwithstanding
the enactment of this Act or the transfer of an agency to the
Department, and in such civil actions, proceedings shall be had,
appeals taken, and judgments rendered and enforced in the same manner
and with the same effect as if such enactment or transfer had not
occurred.
(d) References.--References relating to an agency that is transferred
to the Department in statutes, Executive orders, rules, regulations,
directives, or delegations of authority that precede such transfer or
the effective date of this Act shall be deemed to refer, as
appropriate, to the Department, to its officers, employees, or agents,
or to its corresponding organizational units or functions. Statutory
reporting requirements that applied in relation to such an agency
immediately before the effective date of this Act shall continue to
apply following such transfer if they refer to the agency by name.
(e) Employment Provisions.--(1) Notwithstanding the generality of the
foregoing (including subsections (a) and (d)), in and for the
Department the Secretary may, in regulations prescribed jointly with
the Director of the Office of Personnel Management, adopt the rules,
procedures, terms, and conditions, established by statute, rule, or
regulation before the effective date of this Act, relating to
employment in any agency transferred to the Department pursuant to this
Act; and
(2) except as otherwise provided in this Act, or under authority
granted by this Act, the transfer pursuant to this Act of personnel
shall not alter the terms and conditions of employment, including
compensation, of any employee so transferred.
SEC. 813. TERMINATIONS.
Except as otherwise provided in this Act, whenever all the functions
vested by law in any agency have been transferred pursuant to this Act,
each position and office the incumbent of which was authorized to
receive compensation at the rates prescribed for an office or position
at level II, III, IV, or V, of the Executive Schedule, shall terminate.
SEC. 814. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in consultation
with the Secretary, is authorized and directed to make such additional
incidental dispositions of personnel, assets, and obligations held,
used, arising from, available, or to be made available, in connection
with the functions transferred by this Act, as the Director may deem
necessary to accomplish the purposes of this Act.
SEC. 815. NATIONAL IDENTIFICATION SYSTEM NOT AUTHORIZED.
Nothing in this Act shall be construed to authorize the development
of a national identification system or card.
SEC. 816. CONTINUITY OF INSPECTOR GENERAL OVERSIGHT.
Notwithstanding the transfer of an agency to the Department pursuant
to this Act, the Inspector General that exercised oversight of such
agency prior to such transfer shall continue to exercise oversight of
such agency during the period of time, if any, between the transfer of
such agency to the Department pursuant to this Act and the appointment
of the Inspector General of the Department of Homeland Security in
accordance with section 103(b) of this Act.
SEC. 817. REFERENCE.
With respect to any function transferred by or under this Act
(including under a reorganization plan that becomes effective under
section 802) and exercised on or after the effective date of this Act,
reference in any other Federal law to any department, commission, or
agency or any officer or office the functions of which are so
transferred shall be deemed to refer to the Secretary, other official,
or component of the Department to which such function is so
transferred.
TITLE IX--CONFORMING AND TECHNICAL AMENDMENTS
SEC. 901. INSPECTOR GENERAL ACT OF 1978.
Section 11 of the Inspector General Act of 1978 (Public Law 95-452)
is amended--
(1) by inserting ``Homeland Security,'' after
``Transportation,'' each place it appears; and
(2) by striking ``; and'' each place it appears in paragraph
(1) and inserting ``;'';
SEC. 902. EXECUTIVE SCHEDULE.
(a) In General.--Title 5, United States Code, is amended--
(1) in section 5312, by inserting ``Secretary of Homeland
Security.'' as a new item after ``Affairs.'';
(2) in section 5313, by inserting ``Deputy Secretary of
Homeland Security.'' as a new item after ``Affairs.'';
(3) in section 5314, by inserting ``Under Secretaries,
Department of Homeland Security.'' as a new item after
``Affairs.'' the third place it appears;
(4) in section 5315, by inserting ``Assistant Secretaries,
Department of Homeland Security.'', ``General Counsel,
Department of Homeland Security.'', ``Chief Financial Officer,
Department of Homeland Security.'', ``Chief Information
Officer, Department of Homeland Security.'', and ``Inspector
General, Department of Homeland Security.'' as new items after
``Affairs.'' the first place it appears; and
(5) in section 5315, by striking ``Commissioner of
Immigration and Naturalization, Department of Justice.''.
(b) Special Effective Date.--Notwithstanding section 4, the amendment
made by subsection (a)(5) shall take effect on the date on which the
transfer of functions specified under section 411 takes effect.
SEC. 903. UNITED STATES SECRET SERVICE.
(a) In General.--(1) The United States Code is amended in section 202
of title 3, and in section 3056 of title 18, by striking ``of the
Treasury'', each place it appears and inserting ``of Homeland
Security''.
(2) Section 208 of title 3, United States Code, is amended by
striking ``of Treasury'' each place it appears and inserting ``of
Homeland Security''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of transfer of the United States Secret Service to
the Department.
SEC. 904. COAST GUARD.
(a) Title 14, U.S.C.--Title 14, United States Code, is amended in
sections 1, 3, 53, 95, 145, 516, 666, 669, 673, 673a (as redesignated
by subsection (e)(1)), 674, 687, and 688 by striking ``of
Transportation'' each place it appears and inserting ``of Homeland
Security''.
(b) Title 10, U.S.C.--(1) Title 10, United States Code, is amended in
sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d),
575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717,
806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a),
1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a),
1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143,
1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1),
1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b),
1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1),
2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a),
2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2),
2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a),
10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b),
12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b),
12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking ``of
Transportation'' each place it appears and inserting ``of Homeland
Security''.
(2) Section 801(1) of such title is amended by striking ``the General
Counsel of the Department of Transportation'' and inserting ``an
official designated to serve as Judge Advocate General of the Coast
Guard by the Secretary of Homeland Security''.
(3) Section 983(d)(2)(B) of such title is amended by striking
``Department of Transportation'' and inserting ``Department of Homeland
Security''.
(4) Section 2665(b) of such title is amended by striking ``Department
of Transportation'' and inserting ``Department in which the Coast Guard
is operating''.
(5) Section 7045 of such title is amended--
(A) in subsections (a)(1) and (b), by striking ``Secretaries
of the Army, Air Force, and Transportation'' both places it
appears and inserting ``Secretary of the Army, the Secretary of
the Air Force, and the Secretary of Homeland Security''; and
(B) in subsection (b), by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security''.
(6) Section 7361(b) of such title is amended in the subsection
heading by striking ``Transportation'' and inserting ``Homeland
Security''.
(7) Section 12522(c) of such title is amended in the subsection
heading by striking ``Transportation'' and inserting ``Homeland
Security''.
(c) Title 37, U.S.C.--Title 37, United States Code, is amended in
sections 101(5), 204(i)(4), 301a(a)(3), 306(d), 307(c), 308(a)(1),
308(d)(2), 308(f), 308b(e), 308c(c), 308d(a), 308e(f), 308g(g),
308h(f), 308i(e), 309(d), 316(d), 323(b), 323(g)(1), 325(i), 402(d),
402a(g)(1), 403(f)(3), 403(l)(1), 403b(i)(5), 406(b)(1), 417(a),
417(b), 418(a), 703, 1001(c), 1006(f), 1007(a), and 1011(d) by striking
``of Transportation'' each place it appears and inserting ``of Homeland
Security''.
(d) Other Defense-Related Laws.--(1) Section 363 of Public Law 104-
193 (110 Stat. 2247) is amended--
(A) in subsection (a)(1) (10 U.S.C. 113 note), by striking
``of Transportation'' and inserting ``of Homeland Security'';
and
(B) in subsection (b)(1) (10 U.S.C. 704 note), by striking
``of Transportation'' and inserting ``of Homeland Security''.
(2) Section 721(1) of Public Law 104-201 (10 U.S.C. 1073 note) is
amended by striking ``of Transportation'' and inserting ``of Homeland
Security''.
(3) Section 4463(a) of Public Law 102-484 (10 U.S.C. 1143a note) is
amended by striking ``after consultation with the Secretary of
Transportation''.
(4) Section 4466(h) of Public Law 102-484 (10 U.S.C. 1143 note) is
amended by striking ``of Transportation'' and inserting ``of Homeland
Security''.
(5) Section 542(d) of Public Law 103-337 (10 U.S.C. 1293 note) is
amended by striking ``of Transportation'' and inserting ``of Homeland
Security''.
(6) Section 740 of Public Law 106-181 (10 U.S.C. 2576 note) is
amended in subsections (b)(2), (c), and (d)(1) by striking ``of
Transportation'' each place it appears and inserting ``of Homeland
Security''.
(7) Section 1407(b)(2) of the Defense Dependents' Education Act of
1978 (20 U.S.C. 926(b)) is amended by striking ``of Transportation''
both places it appears and inserting ``of Homeland Security''.
(8) Section 2301(5)(D) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6671(5)(D)) is amended by striking ``of
Transportation'' and inserting ``of Homeland Security''.
(9) Section 2307(a) of of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6677(a)) is amended by striking ``of
Transportation'' and inserting ``of Homeland Security''.
(10) Section 1034(a) of Public Law 105-85 (21 U.S.C. 1505a(a)) is
amended by striking ``of Transportation'' and inserting ``of Homeland
Security''.
(11) The Military Selective Service Act is amended--
(A) in section 4(a) (50 U.S.C. App. 454(a)), by striking ``of
Transportation'' in the fourth paragraph and inserting ``of
Homeland Security'';
(B) in section 4(b) (50 U.S.C. App. 454(b)), by striking ``of
Transportation'' both places it appears and inserting ``of
Homeland Security'';
(C) in section 6(d)(1) (50 U.S.C. App. 456(d)(1)), by
striking ``of Transportation'' both places it appears and
inserting ``of Homeland Security'';
(D) in section 9(c) (50 U.S.C. App. 459(c)), by striking
``Secretaries of Army, Navy, Air Force, or Transportation'' and
inserting ``Secretary of a military department, and the
Secretary of Homeland Security with respect to the Coast
Guard,''; and
(E) in section 15(e) (50 U.S.C. App. 465(e)), by striking
``of Transportation'' both places it appears and inserting ``of
Homeland Security''.
(e) Technical Correction.--(1) Title 14, United States Code, is
amended by redesignating section 673 (as added by section 309 of Public
Law 104-324) as section 673a.
(2) The table of sections at the beginning of chapter 17 of such
title is amended by redesignating the item relating to such section as
section 673a.
(f) Effective Date.--The amendments made by this section (other than
subsection (e)) shall take effect on the date of transfer of the Coast
Guard to the Department.
SEC. 905. STRATEGIC NATIONAL STOCKPILE AND SMALLPOX VACCINE
DEVELOPMENT.
(a) In General.--Section 121 of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (Public Law 107-188;
42 U.S.C. 300hh-12) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Secretary of Health and Human
Services'' and inserting ``Secretary of Homeland
Security'';
(B) by inserting ``the Secretary of Health and Human
Services and'' between ``in coordination with'' and
``the Secretary of Veterans Affairs''; and
(C) by inserting ``of Health and Human Services''
after ``as are determined by the Secretary''; and
(2) in subsections (a)(2) and (b), by inserting ``of Health
and Human Services'' after ``Secretary'' each place it appears.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of transfer of the Strategic National Stockpile of
the Department of Health and Human Services to the Department.
SEC. 906. BIOLOGICAL AGENT REGISTRATION; PUBLIC HEALTH SERVICE ACT.
(a) Public Health Service Act.--Section 351A of the Public Health
Service Act (42 U.S.C. 262a) is amended--
(1) in subsection (a)(1)(A), by inserting ``(as defined in
subsection (l)(9))'' after ``Secretary'';
(2) in subsection (h)(2)(A), by inserting ``Department of
Homeland Security, the'' before ``Department of Health and
Human Services''; and
(3) in subsection (l), by inserting after paragraph (8) a new
paragraph as follows:
``(9) The term `Secretary' means the Secretary of Homeland
Security, in consultation with the Secretary of Health and
Human Services.''.
(b) Public Health Security and Bioterrorism Preparedness and Response
Act of 2002.--Section 201(b) of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (Public Law 107-188;
42 U.S.C. 262a note) is amended by striking ``Secretary of Health and
Human Services'' and inserting ``Secretary of Homeland Security''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of transfer of the select agent registration
enforcement programs and activities of the Department of Health and
Human Services to the Department.
SEC. 907. TRANSFER OF CERTAIN SECURITY AND LAW ENFORCEMENT FUNCTIONS
AND AUTHORITIES.
(a) Amendment to Property Act.--Section 210(a)(2) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 490(a)(2))
is repealed.
(b) Law Enforcement Authority.--The Act of June 1, 1948 (40 U.S.C.
318-318d; chapter 359; 62 Stat. 281) is amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Protection of Public Property Act'.
``SEC. 2. LAW ENFORCEMENT AUTHORITY OF SECRETARY OF HOMELAND SECURITY
FOR PROTECTION OF PUBLIC PROPERTY.
``(a) In General.--The Secretary of Homeland Security (in this Act
referred to as the `Secretary') shall protect the buildings, grounds,
and property that are owned, occupied, or secured by the Federal
Government (including any agency, instrumentality, or wholly owned or
mixed-ownership corporation thereof) and the persons on the property.
``(b) Officers and Agents.--
``(1) Designation.--The Secretary may designate employees of
the Department of Homeland Security, including employees
transferred to the Department from the Office of the Federal
Protective Service of the General Services Administration
pursuant to the Homeland Security Act of 2002, as officers and
agents for duty in connection with the protection of property
owned or occupied by the Federal Government and persons on the
property, including duty in areas outside the property to the
extent necessary to protect the property and persons on the
property.
``(2) Powers.--While engaged in the performance of official
duties, an officer or agent designated under this subsection
may--
``(A) enforce Federal laws and regulations for the
protection of persons and property;
``(B) carry firearms;
``(C) make arrests without a warrant for any offense
against the United States committed in the presence of
the officer or agent or for any felony cognizable under
the laws of the United States if the officer or agent
has reasonable grounds to believe that the person to be
arrested has committed or is committing a felony;
``(D) serve warrants and subpoenas issued under the
authority of the United States; and
``(E) conduct investigations, on and off the property
in question, of offenses that may have been committed
against property owned or occupied by the Federal
Government or persons on the property.
``(F) carry out such other activities for the
promotion of homeland security as the Secretary may
prescribe.
``(c) Regulations.--
``(1) In general.--The Secretary, in consultation with the
Administrator of General Services, may prescribe regulations
necessary for the protection and administration of property
owned or occupied by the Federal Government and persons on the
property. The regulations may include reasonable penalties,
within the limits prescribed in paragraph (2), for violations
of the regulations. The regulations shall be posted and remain
posted in a conspicuous place on the property.
``(2) Penalties.--A person violating a regulation prescribed
under this subsection shall be fined under title 18, United
States Code, imprisoned for not more than 30 days, or both.
``(d) Details.--
``(1) Requests of agencies.--On the request of the head of a
Federal agency having charge or control of property owned or
occupied by the Federal Government, the Secretary may detail
officers and agents designated under this section for the
protection of the property and persons on the property.
``(2) Applicability of regulations.--The Secretary may--
``(A) extend to property referred to in paragraph (1)
the applicability of regulations prescribed under this
section and enforce the regulations as provided in this
section; or
``(B) utilize the authority and regulations of the
requesting agency if agreed to in writing by the
agencies.
``(3) Facilities and services of other agencies.--When the
Secretary determines it to be economical and in the public
interest, the Secretary may utilize the facilities and services
of Federal, State, and local law enforcement agencies, with the
consent of the agencies.
``(e) Authority Outside Federal Property.--For the protection of
property owned or occupied by the Federal Government and persons on the
property, the Secretary may enter into agreements with Federal agencies
and with State and local governments to obtain authority for officers
and agents designated under this section to enforce Federal laws and
State and local laws concurrently with other Federal law enforcement
officers and with State and local law enforcement officers.
``(f) Secretary and Attorney General Approval.--The powers granted to
officers and agents designated under this section shall be exercised in
accordance with guidelines approved by the Secretary and the Attorney
General.
``(g) Limitation on Statutory Construction.--Nothing in this section
shall be construed to--
``(1) preclude or limit the authority of any Federal law
enforcement agency; or
``(2) restrict the authority of the Administrator of General
Services to promulgate regulations affecting property under the
Administrator's custody and control.''.
SEC. 908. TRANSPORTATION SECURITY REGULATIONS.
Title 49, United States Code, is amended--
(1) in section 114(l)(2)(B), by inserting ``for a period not
to exceed 30 days'' after ``effective''; and
(2) in section 114(l)(2)(B), by inserting ``ratified or''
after ``unless''.
SEC. 909. RAILROAD SECURITY LAWS.
Title 49, United States Code, is amended--
(1) in section 20106 by inserting in the second sentence, ``,
including security,'' after ``railroad safety'' and ``or the
Secretary of Homeland Security'' after ``Secretary of
Transportation''; and
(2) in section 20105--
(A) by inserting ``or the Secretary of Homeland
Security'' after ``Secretary of Transportation'' in
subsection (a);
(B) by inserting ``of Transportation or the Secretary
of Homeland Security'' after ``issued by the
Secretary'' in subsection (a);
(C) by inserting ``of Transportation or the Secretary
of Homeland Security, as appropriate,'' after ``to the
Secretary'' in subsection (a), and after ``Secretary''
in subsection (b)(1)(A)(iii) and (B)(iv), the first
place it appears in subsections (b)(1)(B) and (B)(iii)
and (d), each place it appears in subsections (c)(1),
(c)(2), (e), and (f), and the first four times it
appears in subsection (b)(3);
(D) by inserting ``of Transportation or the Secretary
of Homeland Security, as appropriate'' after
``Secretary'' in subsection (b)(1)(A)(ii),
(b)(1)(B)(ii), the second place it appears in
subsection (b)(1)(B)(iii), and the last place it
appears in subsection (b)(3);
(E) in subsection (d), by replacing ``Secretary's''
with ``Secretary of Transportation's'' and adding
before the period at the end ``or the Secretary of
Homeland Security's duties under section 114''; and
(F) in subsection (f), by adding before the period at
the end ``or section 114''.
SEC. 910. OFFICE OF SCIENCE AND TECHNOLOGY POLICY.
The National Science and Technology Policy, Organization, and
Priorities Act of 1976 is amended--
(1) in section 204(b)(1) (42 U.S.C. 6613(b)(1)), by inserting
``homeland security,'' after ``national security,''; and
(2) in section 208(a)(1) (42 U.S.C. 6617(a)(1)), by inserting
``the Office of Homeland Security,'' after ``National Security
Council,''.
SEC. 911. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.
Section 7902(b) of title 10, United States Code, is amended by adding
at the end the following new paragraphs:
``(13) The Under Secretary for Science and Technology of the
Department of Homeland Security.
``(14) Other Federal officials the Council considers
appropriate.''.
SEC. 912. CHIEF FINANCIAL OFFICER.
Section 901(b)(1) of title 31, United States Code, is amended--
(1) by redesignating subparagraphs (G) through (P) as
subparagraphs (H) through (Q), respectively; and
(2) by inserting the following new subparagraph after
subparagraph (F):
``(G) The Department of Homeland Security.''.
SEC. 913. CHIEF INFORMATION OFFICER.
(a) Clinger-Cohen Act.--(1) The provisions enacted in section 5125 of
the Clinger-Cohen Act of 1996 (division E of Public Law 104-106; 110
Stat. 684) shall apply with respect to the Chief Information Officer of
the Department.
(2) Section 5131(c) of the Clinger-Cohen Act of 1996 (40 U.S.C.
1441(c)) is amended by inserting ``or appointed'' after ``a Chief
Information Officer designated''.
(b) Title 44.--Chapter 35 of title 44, United States Code, is
amended--
(1) in section 3506(a)(2)--
(A) in subparagraph (A) by striking ``subparagraph
(B)'' and inserting ``subparagraphs (B) and (C)''; and
(B) by adding at the end the following:
``(C) The Chief Information Officer of the Department of Homeland
Security shall be an individual who is appointed by the President.'';
(2) in each of subsections (a)(4) and (c)(1) of section 3506,
by inserting ``or appointed'' after ``the Chief Information
Officer designated''; and
(3) in subsection (a)(3) of section 3506, by inserting ``or
appointed'' after ``The Chief Information Officer designated''.
TITLE X--NATIONAL HOMELAND SECURITY COUNCIL
SEC. 1001. NATIONAL HOMELAND SECURITY COUNCIL.
There is established within the Executive Office of the President a
council to be known as the ``Homeland Security Council'' (in this title
referred to as the ``Council'').
SEC. 1002. FUNCTION.
The function of the Council shall be to advise the President on
homeland security matters.
SEC. 1003. MEMBERSHIP.
The members of the Council shall be the following:
(1) The President.
(2) The Vice President.
(3) The Secretary of Homeland Security.
(4) The Attorney General.
(5) The Secretary of Health and Human Services.
(6) The Director of Central Intelligence.
(7) The Secretary of Defense.
(8) The Secretary of the Treasury.
(9) The Secretary of State.
(10) The Secretary of Energy.
(11) The Secretary of Agriculture.
(12) Such other individuals as may be designated by the
President.
SEC. 1004. OTHER FUNCTIONS AND ACTIVITIES.
For the purpose of more effectively coordinating the policies and
functions of the United States Government relating to homeland
security, the Council shall--
(1) assess the objectives, commitments, and risks of the
United States in the interest of homeland security and to make
resulting recommendations to the President;
(2) oversee and review homeland security policies of the
Federal Government and to make resulting recommendations to the
President; and
(3) perform such other functions as the President may direct.
SEC. 1005. HOMELAND SECURITY BUDGET.
The Director of the Office of Management and Budget shall prepare for
the President a Federal homeland security budget to be delivered to the
Congress as part of the President's annual budget request.
SEC. 1006. STAFF COMPOSITION.
The Council shall have a staff, the head of which shall be a civilian
Executive Secretary, who shall be appointed by the President. The
President is authorized to fix the pay of the Executive Secretary at a
rate not to exceed the rate of pay payable to the Executive Secretary
of the National Security Council.
SEC. 1007. RELATION TO THE NATIONAL SECURITY COUNCIL.
The President may convene joint meetings of the Homeland Security
Council and the National Security Council with participation by members
of either Council or as the President may otherwise direct.
Purpose and Summary
H.R. 5005, the Homeland Security Act of 2002, will create
the Department of Homeland Security (DHS) to provide for the
security of the American people, territory, and sovereignty
within the United States. The Department of Homeland Security
will help fulfill the Constitutional responsibility of the
Federal government by providing for the common defense by
uniting, under a single department those elements within the
government whose primary responsibility is to secure the United
States homeland. This department will have the mission of
preventing terrorist attacks within the United States, reducing
the United States' vulnerability to terrorism, minimizing the
damages from attacks, and assisting in recovery from any
attacks, should they occur.
The Department's primary responsibilities will include:
analyzing information and protecting infrastructure; developing
countermeasures against chemical, biological, radiological, and
nuclear attacks; securing U.S. borders and transportation
systems; organizing emergency preparedness and response
efforts; conducting homeland security related research,
development, technology, and acquisition programs; coordinating
counter-terrorism activities with other Federal agencies, State
and local governments, and the private sector. The Department
will bring together 22 existing Federal agencies or portions of
agencies under a single clear chain of command. Each of these
agencies will continue to be responsible for carrying out
existing and homeland security functions.
The Department of Homeland Security will have a clear and
efficient organizational structure. Leading the Department will
be a Secretary who is appointed by the President, with the
advice and consent of the Senate. The Department will have one
Deputy Secretary and a total of 5 Under Secretaries who report
to the Secretary for each of the following functional areas:
Information Analysis and Infrastructure Protection; Science and
Technology; Border and Transportation Security; Emergency
Preparedness and Response; and Management. Additionally, there
will also be no more than 12 Assistant Secretaries. The
Commandant of the Coast Guard and the Director of the Unites
States Secret Service will also report directly to the
Secretary. Finally, the Transportation Security Administration
will be maintained as a separate entity within the Department
for 2 years.
Background and Need for Legislation
Through out its history, the United States has always
emerged victorious after grave attacks against its people,
land, and sovereignty. Today the challenges are no less severe
nor the consequences less significant. Terrorists and other
nations who wish to harm the United States have shown their
intent and ability to destroy innocent people and property on a
large scale. Their power has increased exponentially with the
spread of technology, including the proliferation of weapons of
mass destruction. As recent events have illustrated, the
Nation's democratic tradition of free and open borders is at
once its greatest strength and most easily exploitable
liability.
Over the past several years, numerous experts in the
government and private sector have documented the rise of
terrorism along with the need to realign the Federal government
to properly address the new threat. If these recommendations
were not enough, recent events have also demonstrated the
compelling need to create a focused organization, articulate a
clear mission, and provide for direct lines of authority,
responsibility, and accountability to counteract the terrorist
threat. The United States needs a homeland security
establishment that can help prevent catastrophic attacks,
mobilize national resources for an enduring conflict, and
assist in recovery efforts all the while protecting this
Nation's values and liberties.
The United States began the 20th century with a Department
of War and a Department of the Navy to protect the nation from
foreign attack. In response to the challenges of militarism,
Nazism, and communism, this organization evolved rapidly. By
mid-century, the military services were unified under a
Department of Defense. By the beginning of the 21st century,
our military forces, operating under joint command, were able
to defeat in weeks opponents who had turned back the Soviet
Union at the height of its power.
No comparable evolution took place in the area of homeland
security, because for most of the century there was no
comparable domestic threat. Politically motivated violence was
relatively rare, and when it occurred the limited methods of
attack available kept its effects local and small-scale. There
has been no imperative requiring the dozens of agencies charged
with various aspects of homeland protection to work together
closely--until now.
The Terrorist Threat. The events of September 11th marked
the crescendo of an escalating series of terrorist attacks
against U.S. interests, both domestically and abroad. In 1993,
Islamic extremists exploded a truck bomb in the parking garage
of the World Trade Center. In 1998, U.S. Embassies in Kenya and
Tanzania were simultaneously attacked by car bombs. On October
12, 2000, the USS Cole was bombed by elements of Osama bin
Laden's al Qaeda terrorist organization in Yemen, resulting in
the death of 17 crew members and injuring 39 others. But the
deadliest terrorist attack against U.S. interests occurred on
September 11th: four commercial airliners were hijacked, turned
into makeshift missiles, and rammed into the World Trade Center
and the Pentagon, resulting in the loss of over 3,000 lives.
The terrorist threat is markedly different from those of
the past. Following September 11th, the Nation is no longer
dealing solely with hostile nation states that can be held at
risk with conventional military power, but also with global
terrorist organizations such as al Qaeda immune to traditional
forms of deterrence. Law enforcement and anti-terrorism experts
believe that numerous terrorist cells remain within the borders
of the United States. For the foreseeable future, the United
States will face the threat of domestic attack by enemies who
will seek to strike in new and unexpected ways, perhaps with
weapons vastly more deadly than those used on September 11th.
Technologies of Destruction and Disruption. Terrorism armed
with technology presents the potential for destabilization and
destruction on a scale unmatched in previous eras. The
diffusion of knowledge and technology in today's expanding
global economy makes the task of acquiring weapons of mass
destruction and weapons of mass disruption easier, while the
volume and velocity of modern trade makes detecting and
intercepting attacks more difficult.
Technology offers terrorists increasingly powerful methods
of physical destruction. Thousands have been killed when
terrorists commandeered the transportation technologies of
everyday life, turning trucks into bombs and airliners into
guided missiles. The Japanese millennial cult Aum Shinrikyo
attacked the Tokyo subway system with nerve gas, killing a
dozen people and injuring 5,000. A tiny quantity of anthrax
spores sent through the mail caused a number of deaths and shut
down government buildings in Washington for months. An al Qaeda
operative was recently arrested and charged with planning to
build and deploy a ``dirty bomb'' intended to spread radiation
over a wide area. Beyond these activities looms the threat of a
nuclear device in terrorist hands.
In testimony before the Senate Select Committee on
Intelligence entitled, ``Worldwide Threat-Converging Dangers in
a Post 9/11 World,'' the Director of Central Intelligence, The
Honorable George J. Tenet, noted that weapons of mass
destruction (WMD) including nuclear, chemical and biological
weapons programs are becoming more advanced and effective as
they mature. Countries of concern are also becoming more
aggressive in pursuing them. Russia, China, North Korea, Iraq,
Iran, India and Pakistan are known to have WMD programs.
Several of these nations are also known to harbor and support
terrorists. One of Tenet's highest concerns is terrorists'
stated desire to use unconventional attacks against the United
States. As early as 1998, Bin Laden publicly declared that
acquiring unconventional weapons was ``a religious duty'' and
may have been seeking to acquire or develop a nuclear device.
According to Tenet, terrorist groups worldwide have ready
access to information on chemical, biological, and even nuclear
weapons via the Internet, and al Qaeda was working to acquire
some of the most dangerous chemical agents and toxins.
Documents recovered from Al Qaeda facilities in Afghanistan
show that Bin Laden was pursuing a sophisticated biological
weapons research program.
The nuclear threat is not limited to terrorists alone. As
outlined in a recent National Intelligence Estimate on the
subject, most Intelligence Community agencies project that by
2015 the United States most likely will face intercontinental
ballistic missile threats from North Korea and Iran, and
possibly from Iraq. Short- and medium-range ballistic missiles
pose a significant threat now. These states, like terrorists,
may not respond to traditional deterrence. Like terrorists,
they pose a potential requirement for consequence management on
a very large scale.
In addition to physical destruction, terrorists may also
seek to develop powerful forms of cyber attack against our
critical infrastructures. The United States is highly dependent
on networked information systems. These systems, almost
entirely run by private-sector businesses, are critical to
modern financial, banking, energy, telecommunications, medical
and transportation networks. Civil government, military
operations, and commerce now depend upon this infrastructure.
As the United States becomes increasingly dependent on
information technology it is also more vulnerable to cyber
warfare attack by terrorists.
While there has been no ``electronic Pearl Harbor,''
attacks of this nature will become an increasingly viable
option for terrorists as they and other foreign adversaries
become more familiar with these targets, and the technologies
required to attack them. The Computer Emergency Response Team
(CERT), a Federally funded research and development center
operated by Carnegie Mellon University in Pittsburgh,
Pennsylvania, reported about 25,000 cyber incidents from 1990
to 1999. In 2000, CERT reported, the number of incidents had
skyrocketed to 21,000.
Open Borders. Terrorists seeking to bring destructive
technologies into the United States have many potential entry
points. The United States is a large nation, historically
protected from adversaries by two large bodies of water and
friendly neighbors to the north and south. It is a nation with
relatively open borders that are open to trade and the free
flow of people and ideas. Such openness also brings about
vulnerabilities. Every day $8.8 billion of goods, 1.3 million
people, 58,000 shipments, and 340,000 vehicles enter the United
States. The Customs Service is only able to inspect 1 to 2
percent of them.
Once here, they have an excellent chance of remaining
anonymous and using the freedom America affords to plan and
execute their violent deeds. The Immigration and Naturalization
Service (INS) was unable to track more than 3 million
foreigners with expired visas and, according to press reports,
had no record of six of the 19 hijackers who entered the United
States legally (Washington Post, Page A16, October 7, 2001). A
report by the Government Accounting Office (GAO) offered, ``In
several border areas, INS has multiple anti-smuggling
enforcement units--they overlap in jurisdictions, operate
autonomously, establish their own priorities and report to
different INS offices,'' (GAO Report, ``Alien smuggling:
Management and Operational Improvements Needed to Address
Growing Problem'' (GAO/GGD-00-103 p.3))
The United States must use the advantages of today's
technology, and American ingenuity to keep its borders open
while preserving individual rights and liberties. Guaranteeing
that homeland security is achieved within a framework of law
that protects the civil liberties and privacy of the United
States citizens is essential. Continued vigilance and
Congressional and the public oversight will be necessary. The
United States Government must improve national security without
compromising established constitutional principles.
The Need for Change. The series of terrible attacks that
culminated in the tragic events of September 11, 2001, along
with growing recognition that there may be even more
devastating attacks on the homeland against Americans cities,
homes, businesses and the electronic networks that link them
all together, compels the Nation to think anew about the way it
defends itself. The President, Congress, and the private sector
all agree that the current structure of the Federal government
is a liability in defending this country from the changing
threats to national security.
Over the past several years there have been numerous
studies to assess the future security environment. Two common
themes emerge in these reports: first, the United States and
its citizens are increasing vulnerable to a broadening array of
threats from a variety of actors around the world; second, the
government is not properly organized to protect its citizens.
The Commission on National Security/21st Century, better
known as the Hart-Rudman Commission found, ``[i]n the face of
this threat, our nation has no coherent or integrated
governmental structures.'' A July 1999 report by the Commission
to Assess the Organization of the Federal Government to Combat
the Proliferation of Weapons of Mass Destruction concluded
that:
a cardinal truth of government is that policy without
proper organization is effectively no policy at all. If
the Federal Government's policy is to combat the threat
posed by the spread of weapons of mass destruction,
then the government must be organized to do so.
In a speech to the Nation on June 6, 2002, the President
described the requirement for a new cabinet-level department.
He clearly pointed out the need for a single, unified
structure, noting that today numerous Federal entities across
the government are charged with responsibilities having to do
with homeland security. He said, ``History teaches us that
critical security challenges require clear lines of
responsibility and the unified effort of the U.S. government.''
Those ``new challenges,'' he said, ``require new organizational
structures.'' The President's proposal was sent to Congress on
June 18, 2002 (H.Doc. 107-227). This proposal was subsequently
introduced by request on June 24, 2002 as H.R. 5005.
The changing nature of the threats facing the United States
requires a new government structure to protect against
invisible enemies that can strike with a wide variety of
weapons. Today, no single government agency has homeland
security as its primary mission. In fact, responsibilities for
homeland security are dispersed among more than 100 different
government organizations. The United States needs a homeland
security establishment that can help prevent catastrophic
attacks, mobilize national resources for an enduring conflict,
and assist in recovery efforts. A single, unified homeland
security structure will improve protection against today's
threats and be flexible enough to help meet the unknown threats
of the future all the while protecting the freedom and liberty
upon which this nation was founded.
Hearings
The Select Committee on Homeland Security held a hearing on
July 11, 2002 entitled ``Transforming the Government to Protect
America from Terrorism.'' The following witnesses testified:
The Honorable Colin Powell, Secretary of State; The Honorable
Donald Rumsfeld, Secretary of Defense; The Honorable Paul H.
O'Neill, Secretary of the Treasury; and The Honorable John
Ashcroft, Attorney General.
The Select Committee on Homeland Security held a hearing on
H.R. 5005, the Homeland Security Act of 2002 on July 15, 16 and
17, 2002. The following witnesses testified: The Honorable Tom
Ridge, Assistant to the President for Homeland Security; The
Honorable Ann Veneman, Secretary of Agriculture; the Honorable
Norman Mineta, Secretary of Transportation; the Honorable
Spencer Abraham, Secretary of Energy; the Honorable Kay Cole
James, Director, Office of Personnel Management; the Honorable
Mac Thornberry, Representative from the 13th District of Texas;
the Honorable Jim Gibbons, Representative from the 2nd District
of Nevada; the Honorable Jane Harman, Representative from the
36th District of California; the Honorable Ellen O. Tauscher,
Representative from the 10th District of California; the
Honorable F. James Sensenbrenner, Jr., Chairman, Committee on
the Judiciary; the Honorable C.W. Bill Young, Chairman,
Committee on Appropriations; the Honorable David R. Obey,
Ranking Minority Member, Committee on Appropriations; the
Honorable Ike Skelton, Ranking Minority Member, Committee on
Armed Services, the Honorable W.J. (Billy) Tauzin, Chairman,
Committee on Energy and Commerce; the Honorable John D.
Dingell, Ranking Minority Member, Committee on Energy and
Commerce; the Honorable Dan Burton, Chairman, Committee on
Government Reform; the Honorable Henry A. Waxman, Ranking
Minority Member, Committee on Government Reform; the Honorable
Porter J. Goss, Chairman, Permanant Select Committee on
Intelligence; the Honorable Nancy Pelosi, Ranking Minority
Member, Permanent Select Committee on Intelligence; the
Honorable Henry Hyde, Chairman, Committee on International
Relations; the Honorable Tom Lantos, Ranking Minority Member,
Committee on International Relations; the Honorable Sherwood L.
Boehlert, Chairman, Committee on Science; the Honorable Ralph
M. Hall, Ranking Minority Member, Committee on Science; the
Honorable Don Young, Chairman, Committee on Transportation and
Infrastructure; the Honorable James L. Oberstar, Ranking
Minority Member, Committee on Transportation and
Infrastructure; the Honorable William M. Thomas, Chairman,
Committee on Ways and Means; and Mr. David A. Walker,
Comptroller General of the United States, General Accounting
Office.
Committee Consideration
The Select Committee on Homeland Security met in open
session on July 19, 2002 and ordered H.R. 5005 reported to the
House with a favorable recommendation, with an amendment, by a
record vote of 5 yeas and 4 nays.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto. A
motion by Mr. Armey to report the bill to the House with a
favorable recommendation was agreed to by a record vote of 5
yeas and 4 nays (Record vote no. 19). The names of members
voting for and against follow:
--YEAS-- --NAYS--
Mr. Armey Ms. Pelosi
Mr. DeLay Mr. Frost
Mr. Watts of Oklahoma Mr. Menendez
Ms. Pryce of Ohio Ms. DeLauro
Mr. Portman
The following amendments were considered by record vote.
The names of Members voting for and against follow.
An amendment offered by Ms. Pelosi to the Amendment
in the Nature of a Substitute (#1B), adding at the end
of the bill a new section entitled ``Title XI--Office
of Homeland Security,'' was not agreed to by a record
vote of 4 yeas and 5 nays (Record vote no. 1).
--YEAS-- --NAYS--
Ms. Pelosi Mr. Armey
Mr. Frost Mr. DeLay
Mr. Menendez Mr. Watts of Oklahoma
Ms. DeLauro Ms. Pryce of Ohio
Mr. Portman
An amendment offered by Mr. DeLay to the Amendment in
the Nature of a Substituted (#1C), striking section
307(b)(2) and inserting a new paragraph (2) relating to
University-based centers for Homeland security, was
agreed to by a record vote of 5 yeas and 4 nays (Record
vote no. 2).
--YEAS-- --NAYS--
Mr. Armey Ms. Pelosi
Mr. DeLay Mr. Frost
Mr. Watts of Oklahoma Mr. Menendez
Ms. Pryce of Ohio Ms. DeLauro
Mr. Portman
An amendment offered by Mr. Frost to the Amendment in
the Nature of a Substitute (#1D), inserting a new
section 305 entitled ``Homeland Security Institute'',
was not agreed to by a record vote of 4 yeas and 5 nays
(Record vote no. 3).
--YEAS-- --NAYS--
Ms. Pelosi Mr. Armey
Mr. Frost Mr. DeLay
Mr. Menendez Mr. Watts of Oklahoma
Ms. DeLauro Ms. Pryce of Ohio
Mr. Portman
An amendment offered by Mr. Menendez to the Amendment
in the Nature of a Substitute (#1F), addressing the
date of transfer of TSA Functions, was agreed to by a
record vote of 6 yeas and 3 nays (Record vote no. 4)
--YEAS-- --NAYS--
Mr. Watts of Oklahoma Mr. Armey
Ms. Pryce of Ohio Mr. DeLay
Ms. Pelosi Mr. Portman
Mr. Frost
Mr. Menendez
Ms. DeLauro
Upon the motion of Mr. Watts of Oklahoma, the vote on
amendment #1F was reconsidered and not agreed to by a
record vote of 4 yeas and 5 nays (Record vote no. 11).
--YEAS-- --NAYS--
Ms. Pelosi Mr. Armey
Mr. Frost Mr. DeLay
Mr. Menendez Mr. Watts of Oklahoma
Ms. DeLauro Ms. Pryce of Ohio
Mr. Portman
An amendment offered by Ms. DeLauro to the Amendment
in the Nature of a Substitute (#1H), prohibiting
contracting with corporate expatriates, was not agreed
to by a record vote of 4 yeas and 5 nays (Record vote
no. 5).
--YEAS-- --NAYS--
Ms. Pelosi Mr. Armey
Mr. Frost Mr. DeLay
Mr. Menendez Mr. Watts of Oklahoma
Ms. DeLauro Ms. Pryce of Ohio
Mr. Portman
A substitute amendment by Mr. Frost to the amendment
offered by Mr. Portman to the Amendment in the Nature
of a Substitute (#1I1), inserting a section entitled
``Human Resources Management Systems'' was not agreed
to by a record vote of 4 yeas and 5 nays (Record vote
no. 6).
--YEAS-- --NAYS--
Ms. Pelosi Mr. Armey
Mr. Frost Mr. DeLay
Mr. Menendez Mr. Watts of Oklahoma
Ms. DeLauro Ms. Pryce of Ohio
Mr. Portman
An amendment by Mr. Frost to the amendment offered by
Mr. Portman to the Amendment in the Nature of a
Substitute (#1I2) (as modified by unanimous consent),
adding a new section to the amendment ``Labor-
Management Relations'' was not agreed to by a record
vote of 4 yeas and 5 nays (Record vote no. 7).
--YEAS-- --NAYS--
Ms. Pelosi Mr. Armey
Mr. Frost Mr. DeLay
Mr. Menendez Mr. Watts of Oklahoma
Ms. DeLauro Ms. Pryce of Ohio
Mr. Portman
An amendment offered by Mr. Menendez to the Amendment
in the Nature of a Substitute (#1L); striking section
204 ``Procedures for sharing information'' and
inserting at the end of title II a new subtitle
entitled ``Subtitle C--Information Sharing''; was not
agreed to by a record vote of 4 yeas and 4 nays (Record
vote no. 8).
--YEAS-- --NAYS--
Ms. Pelosi Mr. Armey
Mr. Frost Mr. Watts of Oklahoma
Mr. Menendez Ms. Pryce of Ohio
Ms. DeLauro Mr. Portman
An amendment offered by Mr. Frost to the Amendment in
the Nature of a Substitute (#1M), striking subtitle G
of title VII relating to ``Support Anti-terrorism by
Fostering effective Technologies Act of 2002 (the
SAFETY Act)'', was not agreed to by a record vote of 4
yeas and 5 nays (Record vote no. 9).
--YEAS-- --NAYS--
Ms. Pelosi Mr. Armey
Mr. Frost Mr. DeLay
Mr. Menendez Mr. Watts of Oklahoma
Ms. DeLauro Ms. Pryce of Ohio
Mr. Portman
An amendment offered by Mr. Watts to the Amendment in
the Nature of a Substitute (#1N) (as modified by
unanimous consent), revising section 409 entitled
``Explosive Detection Systems'' was agreed to by a
record vote of 6 yeas and 3 nays (Record vote no. 12.)
--YEAS-- --NAYS--
Mr. Armey Ms. Pelosi
Mr. DeLay Mr. Menendez
Mr. Watts of Oklahoma Ms. DeLauro
Ms. Pryce of Ohio
Mr. Portman
Mr. Frost
An amendment offered by Ms. DeLauro to the Amendment
in the Nature of a Substitute (#1O); striking title
VII, subtitle C--Critical Infrastructure Information;
was not agreed to by a record vote of 4 yeas and 5 nays
(Record vote no. 13).
--YEAS-- --NAYS--
Ms. Pelosi Mr. Armey
Mr. Frost Mr. DeLay
Mr. Menendez Mr. Watts of Oklahoma
Ms. DeLauro Ms. Pryce of Ohio
Mr. Portman
An amendment offered by Mr. Portman to the Amendment
in the Nature of a Substitute (#1T), inserting a new
title to establishing a Homeland Security Council, was
agreed to by a record vote of 7 yeas and 2 nays (Record
vote no. 14).
--YEAS-- --NAYS--
Mr. Watts of Oklahoma Mr. Armey
Ms. Pryce of Ohio Mr. DeLay
Mr. Portman
Ms. Pelosi
Mr. Frost
Mr. Menendez
Ms. DeLauro
An amendment offered by Mr. Frost to the Amendment in
the Nature of a Substitute (#1U), striking provisions
addressing advisory committees, was not agreed to by a
record vote of 4 yeas and 5 nays (Record vote no. 15).
--YEAS-- --NAYS--
Ms. Pelosi Mr. Armey
Mr. Frost Mr. DeLay
Mr. Menendez Mr. Watts of Oklahoma
Ms. DeLauro Ms. Pryce of Ohio
Mr. Portman
An amendment offered by Ms. DeLauro to the Amendment
in the Nature of a Substitute (#1V), inserting a new
section entitled ``Review of Food Safety'', was not
agreed to by a record vote of 3 yeas and 5 nays (Record
vote no. 16).
--YEAS-- --NAYS--
Ms. Pelosi Mr. Armey
Mr. Menendez Mr. DeLay
Ms. DeLauro Mr. Watts of Oklahoma
Ms. Pryce of Ohio
Mr. Portman
An amendment offered by Ms. DeLauro to the Amendment
in the Nature of a Substitute (#1X), promoting the
Under Secretary for Management to Deputy Secretary, was
not agreed to by a record vote of 4 yeas and 5 nays
(Record vote no. 17).
--YEAS-- --NAYS--
Ms. Pelosi Mr. Armey
Mr. Frost Mr. DeLay
Mr. Menendez Mr. Watts of Oklahoma
Ms. DeLauro Ms. Pryce of Ohio
Mr. Portman
An amendment offered by Mr. Menendez to the Amendment
in the Nature of a Substitute (#1Y), adding a new
section entitled ``Interagency Security Committee'',
was not agreed to by a record vote of 4 yeas and 5 nays
(Record vote no. 18).
--YEAS-- --NAYS--
Ms. Pelosi Mr. Armey
Mr. Frost Mr. DeLay
Mr. Menendez Mr. Watts of Oklahoma
Ms. DeLauro Ms. Pryce of Ohio
Mr. Portman
The following motion was considered by record vote. The
names of Members voting for and against follow:
A motion by Mr. Watts of Oklahoma to reconsider the
vote on the amendment by Mr. Menendez to the amendment
in the nature of a substitute (#1F) was agreed to by a
record vote of 5 yeas and 4 nays.
--YEAS-- --NAYS--
Mr. Armey Ms. Pelosi
Mr. DeLay Mr. Frost
Mr. Watts of Oklahoma Mr. Menendez
Ms. Pryce of Ohio Ms. DeLauro
Mr. Portman
The Select Committee also considered the other following
amendments:
An Amendment in the Nature of a Substitute to H.R.
5005 offered by Mr. Armey (#1), providing a new base
text, was agreed to, as amended, by a voice vote.
An en bloc amendment offered by Mr. Armey to the
amendment in the nature of a substitute (#1A), to make
technical and conforming changes, was agreed to by a
voice vote.
An amendment offered by Mr. Watts to the Amendment in
the nature of a substitute offered by Mr. Armey (#1E),
inserting a new subsection entitled ``Special Assistant
to the Secretary'', was agreed to by a voice vote.
An amendment offered by Ms. Pryce to the amendment in
the nature of a substitute (#1G), to include the
coordination and integration of both extramural and
intramural research and development programs among the
potential duties of Federally funded research and
development centers, was agreed to by a voice vote.
An amendment offered by Mr. Portman to the amendment
in the nature of a substitute (#1I), inserting a new
section entitled ``Establishment of Human Resources
Management Systems'', was agreed to by a voice vote.
An amendment offered by Ms. Pelosi to the Amendment
in the nature of a substitute (#1J), requiring the
Secretary to integrate the government of the District
of Columbia in the planning, coordination, and
execution of activities to prepare against the
consequences of terrorist attacks, was agreed to by a
voice vote.
An amendment offered by Ms. Pelosi to the Amendment
in the nature of a substitute as modified by the en
bloc amendment by Mr. Armey (#1K), striking provisions
relating to the scoring of expenditures and alternative
financing methods, was agreed to by a voice vote.
An amendment offered by Mr. DeLay to the amendment in
the nature of a substitute (#1P) striking the transfer
of the El Paso Intelligence Center of the Drug
Enforcement Administration, was agreed to by a voice
vote.
An amendment offered by Ms. Pelosi to the amendment
in the nature of a substitute (#1Q), adding a rule of
construction with regard to regulatory authority not
transferred by the bill, was agreed to by a voice vote.
An amendment offered by Mr. Portman to the amendment
in the nature of a substitute (#1R), inserting a new
section entitled ``Allocation of Resources by the
Secretary'', was agreed to by a voice vote.
An amendment offered by Ms. Pelosi to the amendment
offered by Mr. Portman to the Amendment in the nature
of a substitute (#1R1), addressing customs user fees,
was withdrawn.
An amendment offered by Mr. Menendez to the amendment
in the nature of a substitute (#1S), ensuring that
functions of agencies not directly related to the
Department are not diminished, was agreed to by a voice
vote.
An amendment offered by Mr. Menendez to the amendment
in the nature of a substitute (#1W), adding a new
section entitled ``Establishment of Office for Civil
Rights and Civil Liberties''; was agreed to by a voice
vote.
A substitute amendment offered by Mr. Armey to the
amendment offered by Mr. Menendez to the amendment in
the nature of a substitute (#1W1), requiring the
inspector general of the Department of Homeland
Security to designate an official to investigate
complaints regarding civil rights and civil liberties,
was withdrawn.
An amendment offered by Ms. Pelosi to the amendment
in the nature of a substitute (#1Z), establishing a
clearinghouse for technologies, was withdrawn.
An amendment offered by Ms. DeLauro to the Amendment
in the nature of a substitute (#1AA), requiring the
Department to classify research projects prior to
granting award for such project, was withdrawn.
An amendment offered by Ms. DeLauro to the Amendment
in the nature of a substitute (#1BB), adding a new
section entitled ``Homeland Security Science and
Technology Advisory Committee'', was withdrawn.
An amendment offered by Ms. DeLauro to the Amendment
in the nature of a substitute (#1CC), establishing
guidelines after a disaster relating to human health
research, was withdrawn.
An amendment offered by Ms. DeLauro to the Amendment
in the nature of a substitute (#1DD), adding a new
subsection entitled ``Technology Clearinghouse'', was
withdrawn.
An en bloc amendment offered by Ms. Pelosi to the
amendment in the nature of a substitute (#1EE), to (1)
ensure that the Department's Chief Financial Officer
and Chief Information Officer are subject to certain
other provisions of law, (2) add a new section entitled
``Procurements from Small businesses'', (3) add a new
section entitled ``Immigration Functions'', (4)
establish that the Commandant of the Coast Guard must
report directly to the Secretary, (5) add a new section
entitled ``National Council of first responders'', (6)
add ``hospital emergency facilities'' to the list of
``emergency response providers'', and (7) establish a
national policy to identify countermeasures to
chemical, biological, radiological, nuclear, or other
threats, was agreed to by a voice vote.
An amendment offered by Ms. Pelosi to the amendment
in the nature of a substitute (#1FF), adding a new
section entitled ``Preservation of United States
Customs Service as Distinct Entity Within the
Department''; was withdrawn.
An amendment offered by Ms. Pelosi to the amendment
in the nature of a substitute (#1GG), adding a new
section entitled ``Treatment of Minors in Custody'';
was withdrawn.
An amendment offered by Ms. Pelosi to the amendment
in the nature of a substitute (#1HH), adding a new
title entitled ``Compensation for Minors with Parents
Killed in a Terrorist Attack''; was withdrawn.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held hearings and made
findings that are reflected in this report.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the Committee establishes the
following performance related goals and objectives for this
legislation:
The Department of Homeland Security will adhere to
the following performance standards: (1) develop tools,
techniques, and policies to prevent terrorist attacks
within the United State; (2) reduce the vulnerability
of the Untied States to terrorism; (3) minimize the
damage and assist in the recovery from terrorist
attacks that do occur within the United States; (4)
conduct research, development, testing, evaluation,
that result in integration and deployment of homeland
security technologies and equipment within the Federal,
State, local governments and the private sector; (5)
develop and deploy tools and techniques to reduce the
vulnerabilities of critical infrastructures within the
United States; (6) develop and deploy tools that reduce
the risk of attack from nuclear chemical, biological,
and radiological warfare; (7) develop mechanisms,
processes and procedures to protect the privacy of
American citizens for those areas within the scope of
the Homeland Security mission; (8) reduce the backlog
for visa issuance and establishes procedures to reduce
fraud within the immigration enforcement system; (9)
Improve the safety and security at airports; (10)
Create an integrated planning, programming, budget and
accounting system that provides transparency into costs
and expenditures and allows leaders to make sound
managerial decisions for current and future programs;
(11) create a flexible and inviting environment to
recruit, manage, train and retain a world- class work
force; (12) Maintain technological superiority in key
homeland security capabilities; (13) Develop
infrastructure and operating procedures are efficient
and cost-effective.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of budget authority, entitlement authority, or
tax expenditures or revenues contained in the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 23, 2002.
Hon. Richard K. Armey,
Chairman, Select Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: As you requested, the Congressional
Budget Office has prepared the enclosed cost estimate for H.R.
5005, the Homeland Security Act of 2002. If you wish further
details on this estimate, we will be pleased to provide them.
The CBO staff contracts are Deborah Reis and Matthew Pickford
and Matthew Schmit.
Sincerely,
Robert A. Sunshine
(For Dan L. Crippen, Director).
Enclosure.
H.R. 5005--Homeland Security Act of 2002
Summary: H.R. 5005 would establish the Department of
Homeland Security (DHS) to prevent terrorist attacks within the
United States, reduce the United States' vulnerability to
terrorism, minimize the damages from attacks that occur, and
help to recover from any attacks. The new department would
consist of 30 existing federal agencies or portions of
agencies. Each of these agencies would continue to be
responsible for carrying out its other, nonhomeland-security
functions.
CBO estimates that implementing H.R. 5005 would cost about
$4.5 billion over the 2003-2007 period, assuming appropriation
of the necessary amounts. This amount is in addition to
projected net spending for ongoing activities of the
transferred agencies--about $19 billion in 2002, growing to $27
billion by 2007 under CBO's baseline assumptions.
Enacting H.R. 5005 would increase direct spending from
federal retirement funds by about $1 million in 2003 and by $5
million over the 2003-2012 period. Therefore, pay-as-you-go
procedures would apply. The bill also could affect governmental
receipts from import duties and from employee contributions to
federal retirement funds, but CBO estimates that the amounts
would be less than $500,000 annually.
H.R. 5005 contains intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA), but CBO estimates that
the costs to comply with the mandates would not exceed the
threshold established in that act ($58 million in 2002,
adjusted annually for inflation). The bill contains no new
private-sector mandates as defined in UMRA.
Estimated cost to the Federal Government: H.R. 5005 would
combine 30 existing agencies and programs to form the new
department. The major components would include the following:
The Federal Emergency Management Agency
(FEMA);
The U.S. Secret Service;
The U.S. Customs Service;
The U.S. Coast Guard;
The enforcement functions of the Immigration
and Naturalization Service (INS);
The Transportation Security Administration
of the Department of Transportation;
The Federal Protective Service (FPS) and the
Federal Computer Incident Response Center of the
General Services Administration (GSA);
The National Infrastructure Protection
Center, the National Domestic Preparedness Office, the
Office for Domestic Preparedness, and the Domestic
Emergency Support Teams of the Department of justice
(DOJ);
The Critical Infrastructure Assurance Office
of the Department of Commercey;
The National Communications System of the
Department of Defense;
The border offices of the Animal, Plant and
Health Inspection Service and the Plum Island Animal
Disease Center of the Department of Agriculture; and
Various programs of the Department of Energy
and the Department of Health and Human Services.
The following table summarizes the estimated net budgetary
impact of reorganizing these agencies and programs, including
the costs of building a new headquarters facility to house the
DHS, administering them within a new cabinet-level department,
and implementing certain new activities authorized by the bill.
The first two lines of the table show funding for the
agencies and programs to be transferred at the CBO baseline
levels (that is, the 2002 appropriation adjusted for
anticipated inflation in succeeding years). These figures do
not include more than $7 billion that may be provided by the
2002 Supplemental Appropriations Act for Further Recovery From
and Response To Terrorist Attacks on the United States. That
legislation is currently being considered by the Congress.
Changes in direct spending shown in the table are from higher
federal retirement costs that would occur over the 2003-20007
period as a result of the voluntary separations payments
authorized by section 442. The table also shows, as a
memorandum item, the estimated direct spending of federal
agencies transferred to the department. CBO estimates that the
amount of direct spending for these agencies' existing programs
would not be affected by enactment of the bill.
The costs of this legislation fall within budget functions
050 (national defense), 250 (general science, space, and
technology), 350 (agriculture), 370 (commerce and housing
credit), 400 (transportation), 450 (community and regional
development), 550 (health), 750 (administration of justice),
and 800 (general government).
Table 1.--Estimated Budgetary Impact of H.R. 5005
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
2002 2003 2004 2005 2006 2007
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Net spending by affected agencies under current law:
Estimated authorization level \1\............... 23,283 23,958 24,584 25,220 25,870 26,546
Estimated outlays............................... 18,590 20,630 21,922 23,581 24,866 25,948
Proposed changes:
Reorganize agencies and administer new
department:
Estimated authorization level............... 0 150 250 255 260 265
Estimated outlays........................... 0 120 230 254 259 264
Design, construct, and operate new federal
building:
Estimated authorization level............... 0 75 425 0 0 80
Estimated outlays........................... 0 50 68 106 138 220
Intelligence analysis center:
Estimated authorization level............... 0 30 10 10 10 10
Estimated outlays........................... 0 20 20 10 10 10
Research and development program:
Estimated authorization level............... 0 300 306 312 318 325
Estimated outlays........................... 0 180 289 309 316 322
Other newly authorized activities:
Estimated authorization level............... 0 28 29 29 29 29
Estimated outlays........................... 0 28 29 29 29 29
Additional human resources costs:
Estimated authorization level............... 0 12 16 7 7 7
Estimated outlays........................... 0 12 16 7 7 7
Immigration-related costs for Department of
Justice:
Estimated authorization level............... 0 186 216 221 232 244
Estimated outlays........................... 0 176 215 221 232 243
Total changes:
Estimated authorization level............... 0 781 1,252 834 856 960
Estimated outlays........................... 0 586 867 936 991 1,095
Net spending under H.R. 5005:
Estimated authorization level................... 23,283 24,739 25,836 26,054 26,726 27,506
Estimated outlays............................... 18,590 21,216 22,788 24,517 25,857 27,043
CHANGES IN DIRECT SPENDING
Additional Federal retirement payments:
Estimated budget authority...................... 0 1 3 1 0 0
Estimated outlays............................... 0 1 3 1 0 0
Memorandum
Net direct spending by affected agencies under
current law and under H.R. 5005 \2\
Estimated budget authority...................... 591 684 1,906 2,053 2,120 2,305
Estimated outlays............................... 479 612 1,867 1,975 2,028 2,087
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for agencies that would be combined to form the
Department of Homeland Security. The estimated authorization levels for 2003 through 2007 are CBO baseline
estimates that adjust the amounts appropriated for 2002 for anticipated inflation. Those amounts are net of
offsetting collections credited to appropriation accounts.
\2\ CBO estimates that the amount of direct spending by agencies that would be combined to form the new
department would not be changed by enacting H.R. 5005. Authority to collect Customs user fees expires at the
end 2003. CBO estimates that those fees will total $1.3 billion in 2003.
Basis of estimate
CBO estimates that implementing H.R. 5005 would cost about
$4.5 billion over the 2003-2007 period, assuming appropriation
of the necessary funds. These costs are in addition to those
that would be incurred by the Office of Homeland Security under
current law. They include expenses to establish, house, and
administer a new cabinet-level department and carry out within
the department new activities and programs authorized by the
bill. This estimate does not include additional funds to
enhance the homeland security functions of the agencies that
would be transferred to the new department except when
specifically authorized by H.R. 5005. The bill also would
increase the cost of certain immigration functions conducted by
the Department of Justice.For this estimate, CBO assumes that
H.R. 5005 will be enacted before January 1, 2003, and that the
necessary funds will be appropriated for each fiscal year. The
estimated costs of implementing the bill are based on information
obtained from affected federal agencies and on the administrative
expenses of other federal departments.
Consolidate affected agencies and administer the new
department
CBO estimates that establishing, housing, and administering
the new department would cost about $1.7 billion over the 2003-
2007 period.
Initial Costs to Consolidate Agencies and Fulfill Reporting
Responsibilities. CBO estimates that most of the estimated 2003
authorization level would be spent on one-time costs to hire,
house, and equip key personnel (on an interim basis) to manage
the new 170,000-person department. Also included here are
incidental consolidation costs such as moving expenses, as well
as the costs of preparing various plans and reports required of
the DHS or other federal agencies.
In the next few years, the greatest costs of consolidation
would be for providing and equipping interim office space for
the department-level management structure specified in the bill
and for a centralized administrative staff to support a new
cabinet-level department. CBO estimates that initially GSA
would need to renovate and furnish office space for about 300
key positions. (After 2007, we expect that these positions
would be relocated to the permanent DHS headquarters, as
authorized by section 741.) Additional costs to purchase
computers, network equipment, and supplies in the first years
following creation of the new department also would be
significant. Probably the largest of these costs would be the
acquisition of basic computer systems for administrative
functions, such as budget and finance, as well as for
information management and communications.
The balance of the estimated 2003 authorization level is
for partial-year funding for salaries and other expenses of new
department personnel. New positions, which CBO assumes would be
filled over the first two years following enactment, would
include appointees such as under secretaries and assistant
secretaries, key managers such as a general counsel and an
inspector general, and other departmental-level personnel to
perform administrative functions such as policy development,
legislative affairs, and budget and finance activities.
Design, Construct, and Operate New Federal Building.
Section 741 would direct GSA to construct a building to serve
as the headquarters of the DHS, preferably on land already in
federal ownership. This section also would authorize the
appropriation of whatever amounts are necessary for the DHS to
pay GSA for use of the new building and other facilities. Based
on information provided by GSA about recent office building
projects, CBO estimates that planning and design of the new
headquarters would cost $75 million in fiscal year 2003, and
that constructing the facility over the 2004-2007 period would
cost $425 million. We estimate that furnishing, equipping, and
operating the new space for part of the year would cost about
$80 million in 2007.
For this estimate, CBO assumes that the headquarters would
be located on property already owned by the federal government
in the Washington, D.C. area. If new land has to be acquired
for a building site, costs would be higher. Moreover, this
estimate is based on the assumption that GSA would construct a
facility large enough to house most of the roughly 8,000
Washington-area employees of the transferred agencies, although
it is possible that some employees would not move to the new
headquarters.
Ongoing Administrative Costs. CBO estimates that it would
cost about $250 million annually to administer the DHS,
including centralized leadership, coordination, and support
services for a cabinet-level department. The estimated annual
cost represents about 1 percent of spending for the transferred
entities. This estimate is based on the assumption that a share
of each combined agency or office would be transferred to the
DHS from the department where it is currently located, subject
to the various limitations on such transfers specified by the
bill. If sufficient resources are not transferred to the new
department, added annual costs could be higher. Ongoing
administrative costs include those typically incurred by any
federal department--policy making, resource management, budget
and finance functions, and legal and investigative services.
For the DHS, they would also include costs to: (1) coordinate
with other existing federal agencies, new entities that would
be created by H.R. 5005 (such as the National Homeland Security
Council), state and local authorities, and other organizations,
(2) manage newly created entities such as the Bureau of
Citizenship and Immigration Services (BCIS), and (3) oversee
significant new research and development initiatives.
New program authorization
H.R. 5005 would authorize the DHS to initiate several new
programs that are not currently conducted by any of the
agencies that would be transferred to the new department. Based
on information from the Administration and on the costs of
other similar efforts, CBO estimates that beginning in 2003
these new efforts would cost about $350 million a year, subject
to appropriation of the necessary amounts.
Intelligence Analysis Center. Section 211 would create
within DHS an Intelligence Analysis Center to integrate
intelligence collected by other agencies. Based on the costs of
carrying out similar programs at the Federal Bureau of
Investigations and the Department of the Army, CBO estimates
that the new center would spend about $20 million for
informationtechnology systems in 2003 and $10 million a year
for personnel and other expenses to analyze intelligence information.
This estimate is based on the assumption that the new center would
incorporate existing intelligence activities of the Coast Guard,
Customs Service, INS, and Federal Protective Service.
Research and Development Program. Title III would authorize
DHS to conduct research and development (R&D) activities
related to the department's mission, especially in support of
its procurement needs. CBO estimates that the cost of the
department's R&D programs would range from $200 million to $400
million annually, or an average of about $300 million a year.
For this estimate, we assume that spending would be of a scale
similar to that at other mission-oriented R&D agencies, such as
the Federal Aviation Administration, the Federal Highway
Administration, the Forest Service, and the Department of
Education. At this level, R&D spending would be equivalent to
between 1 percent and 2 percent of the total spending estimated
for the department. Our estimate of $300 million includes about
$50 million annually for the university research centers
authorized by the bill.
Other Newly Authorized Activities. H.R. 5005 would
authorize several other smaller programs at DHS. CBO estimates
that those new programs would cost about $30 million annually.
H.R. 5005 would establish a security program including a
Federal Information Security Team to improve the security of
critical information systems. Based on the costs of similar
programs such as the Technical Support Working Group, the
Office of Science and Technology Policy, and the Special
Advisor to the President for Cyber Space Security, CBO
estimates that the program and team would cost about $15
million annually.
The bill would establish within DHS a National Council of
First Responders. The council would be made up of 100 local
emergency personnel who would be the first to respond to a
terrorist attack. Based on similar nonpaid committees and
councils, CBO estimates that the council would cost
approximately $1 million annually.
The legislation would establish a National Homeland
Security Council within the Executive Office of the President.
Based on the costs of the National Security Council, CBO
estimates that operating the council would cost approximately
$8 million annually.
H.R. 5005 would establish a privacy officer within DHS
whose primary responsibility would be to monitor the
collection, use, and disclosure of personal information by the
department. Based on the costs of other similar offices, such
as congressional relations and public affairs, CBO estimates
that establishing a privacy officer and staff would cost
approximately $5 million annually.
Additional Human Resources Costs. Several provisions of
H.R. 5005 would affect salaries and benefits of federal
personnel. CBO estimates that additional costs from
appropriated funds would total $49 million over the 2003-2007
period and that additional direct spending would total $5
million over that period.
Title IV would abolish the INS and require the Attorney
General or the Secretary of Homeland Security to prepare a
strategic restructuring plan showing how current INS employees
would be terminated or moved to successor agencies--either the
new Bureau of Border Security within DHS or the new Bureau of
Citizenship and Immigration Services (BCIS) within DOJ. In
order to encourage some INS workers to leave federal employment
as part of this restructuring plan, section 442 would authorize
the DOJ or DHS to offer voluntary separation incentives of up
to $25,000 per eligible employee. Assuming that participation
in the buyout program resembles that for similar recent
initiatives, CBO estimates that the cost of buyout payments
would be about $4 million in 2003 and a total of $13 million
over the 2003-2007 period. The bill would also require the
agencies to pay the Civil Service Retirement and Disability
Fund (CSRDF) an amount equal to at least 45 percent of each
employee's final pay. CBO estimates payments to the fund would
be $5 million in 2003 and about $18 million over the 2003-2007
period.
Because the buyout program would cause some federal
employees to retire sooner than they otherwise would have,
implementing section 442 would increase mandatory retirement
benefits paid from the CSRDF in the short run. CBO estimates
that direct spending would increase by $1 million in 2003 and
by $4 million over the 2003-2007 period. In later years, CSRDF
outlays would be reduced by this provision because employees
who retire early receive smaller annuity payments.
Section 442 would also increase spending for health
benefits of federal retirees because many employees who would
accept the buyouts would continue to be eligible for coverage
under the Federal Employee Health Benefits (FEHB) program. CBO
estimates that these additional FEHB benefits would increase
direct spending by less than $500,000 in 2003 and by $1 million
during the 2003-2007 period.
Section 761, which would create a new human resources
management system for DHS, also could affect federal spending.
Table 1 does not include any budgetary impact that might result
from implementing the new pay and retirement provisions of this
system, however, because CBO cannot predict whether (or to what
extent) they would supplant--or improve upon--those currently
governing the federal entities to be transferred to the new
department.
Title IX would allow DHS to reclassify positions of
officers and agents of the FPS by making them law enforcement
officers. Based on information from the General Services
Administration, CBO estimates that implementing this provision
would increase the averagecompensation costs by $3,800 a year
for the approximately 290 current GSA employees who are eligible to
become law enforcement officers. The total increase would be $10
million over the 2003-2007 period.
Under title 5 of the U.S. Code, contributions that agencies
and workers make to the Civil Service Retirement and Disability
Fund are higher for workers treated as law enforcement officers
than they are for regular Civil Service employees. For the
estimated 290 current GSA employees who would become law
enforcement officers under the bill, retirement contributions
by both the agency and the workers would be higher under H.R.
5005 than they would be under current law. CBO estimates DHS
contributions to the CSRDF for those employees would increase
by $1 million in 2003 and by $8 million over the 2003-2007
period.
Costs to continue agency functions and enhance Homeland
Security mission
As shown in Table 2, CBO estimates that budget authority
for the agencies that would form DHS totals close to $27
billion in 2002 (including both mandatory and discretionary
accounts). About $3 billion of that amount is offset through
various fees and collections. Three agencies account for more
than half of the 2002 funding--FEMA, the Coast Guard, and the
enforcement functions transferred from the INS. Together with
the Customs Service, they account for close to 80 percent of
the 2002 funding.
For 2003, funding for the new department would almost
certainly be higher. CBO estimates that the President's 2003
budget would provide about $29 billion in funding for functions
and agencies that the bill would transfer to the Department of
Homeland Security, which is about an 8 percent increase over
2002 spending for these same functions. This figure includes
both mandatory and discretionary budget authority. Receipts for
those agencies also would grow to about $5 billion.
CBO's estimate of the cost of establishing a Department of
Homeland Security as specified in H.R. 5005 does not include
additional funding for the affected agencies to enhance their
homeland security functions, except for those added
responsibilities specified in the bill. The CBO baseline
funding level for those agencies in 2003 and beyond assumes
adjustments to account for anticipated inflation but does not
reflect the amount of additional spending that may be necessary
to prevent terrorist attacks, reduce the nation's vulnerability
to attacks, and recover from any attacks. CBO has not estimated
how much those agencies might need to spend to enhance homeland
security. Such additional spending may occur whether or not a
new department is created.
Table 2.--CBO Estimates of 2002 Enacted Spending and the President's 2003 Request for Agencies and Functions
Affected by H.R. 5005
[In billions of dollars]
----------------------------------------------------------------------------------------------------------------
Discretionary Estimated Estimated Fees and
Budget Mandatory Budget Receipts \2\
Authority \1\ Authority
----------------------------------------------------------------------------------------------------------------
Enacted for 2002
Federal Emergency Management Agency................. 7.7 0.0 -0.1
Coast Guard (DOT)................................... 4.4 1.0 0.0
Enforcement Activities of the Immigration and 4.0 0.6 -0.6
Naturalization Service (DOJ).......................
HHS Chemical and Biological Research and Response... 1.3 0.0 0.0
Customs Service (Treasury).......................... 3.1 0.6 -1.2
Secret Service (Treasury)........................... 1.0 0.2 0.0
Border Activities of the Animal and Plant Health 0.1 0.2 0.0
Inspection Service (USDA)..........................
Federal Protective Services (GSA)................... 0.4 0.0 0.0
Transportation Security Agency (DOT)................ 1.3 0.0 -1.3
Other affected agencies............................. 1.2 0.0 0.0
-----------------------------------------------------------
Total......................................... 24.5 2.5 -3.2
Proposed for 2003
Federal Emergency Management Agency................. 6.6 0.0 -0.1
Coast Guard (DOT)................................... 5.0 1.0 0.0
Enforcement Activities of the Immigration and 4.0 0.6 -0.6
Naturalization Service (DOJ).......................
HHS Chemical and Biological Research and Response... 0.6 0.0 0.0
Customs Service (Treasury).......................... 3.0 0.6 -1.5
Secret Service (Treasury)........................... 1.0 0.2 0.0
Border Activities of the Animal and Plant Health 0.1 0.3 0.0
Inspection Service (USDA)..........................
Federal Protective Services (GSA)................... 0.4 0.0 0.0
Transportation Security Agency (DOT)................ 4.8 0.0 -2.7
Other affected agencies............................. 1.1 0.0 0.0
-----------------------------------------------------------
Total......................................... 26.5 2.7 -4.9
----------------------------------------------------------------------------------------------------------------
\1\ Does not include the Administration's proposal that federal agencies pay the full cost of benefits for their
employees as such benefits accrue. Such payments would total about $1.4 billion in 2003
\2\ Includes offsetting collections credited to appropriation accounts as well as offsetting receipts; excludes
fees classified as revenues.
Note.--Numbers may not add up to totals due to rounding.
DOJ immigration-related activities
H.R. 5005 would transfer most functions of the INS to the
DHS, except for functions relating to the provision of
immigration services. Title IV of the bill would establish
within the DOJ the Bureau of Citizenship and Immigration
Services (BCIS) to administer immigration services currently
performed by the INS. The bill would create several offices
within the new agency, authorize the appropriation of whatever
sums are necessary to adjudicate refugee and asylum claims, and
allow DHS to set rules for the State Department to follow in
issuing visas.
Assuming appropriation of the necessary amounts, CBO
estimates that the costs for these activities would total $1.1
billion over the 2003-2007 period, most of which would be for
adjudicating refugee and asylum claims. These costs include:
Refugee and Asylum Adjudication. Current law
authorizes the INS to collect fees to cover the costs of
adjudicating applications for immigration services, such as
citizenship and employment eligibility. (Those collections and
the spending of them are recorded in the budget as direct
spending.) The agency is permitted to set fees at a level to
recover all such costs, including the costs, of providing
immigration services at no charge to certain individuals
(including applicants for asylum and refugee status).
Consequently, the INS charges fees that exceed the amount
needed for cost recovery for some applicants in order to cover
the costs of others. This practice would be prohibited by H.R.
5005. CBO expects this change would lead to approximately equal
reductions in collections and direct spending.
To pay for the costs of processing asylum and refugee
claims that would not be covered by fees, H.R. 5005 would
authorize the appropriation of such sums as necessary. CBO
estimates that implementing this provision would cost about
$180 million in 2003 and $1 billion over the 2003-2007 period.
Ombudsman Program. H.R. 5005 would require the
BCIS to establish at least one local ombudsman office in each
state to assist individuals and employers in resolving problems
with the agency. We estimate that this service would cost about
$25 million annually, beginning in fiscal year 2004.
Office of Citizenship. This new office would
promote educational programs for aliens interested in becoming
naturalized citizens. CBO estimates that operating the office
would cost about $1 million annually.
Office of Children's Services and Office of
Statistics. The bill would establish these two offices within
the new BCIS. CBO estimates that additional costs to operate
these offices would be less than $1 million annually because
most of the functions that they would perform are already being
carried out by the INS.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. Two
provisions of H.R. 5005 would increase direct spending for
payments made from federal retirement funds. CBO estimates that
implementing the voluntary separations provisions of Title IV
would increase direct spending from the CSRDF by $4 million
over the 2003-2005 period. These additional retirements would
increase mandatory spending for the FEHB program by $1 million
in 2004 and by insignificant amounts in other years. We further
estimate that implementing Title IX (which would allow DHS to
reclassify certain FPS employees as federal tax enforcement
officers) also would increase direct spending for payments from
the CSRDF (because retirement benefits are more generous for
such officers), buy any such increases would be less than
$500,000 a year.
Two provisions would affect government receipts. CBO
estimates that reclassifying FPS employees as law enforcement
officers would increase revenues from employee contributions to
the CSRDF by less than $500,000 annually.
H.R. 5005 would alter the method by which certain importers
pay duties for goods. Those importers must provide import
activity statements to the Secretary of the Treasury under
current law. The bill would change the timing of duties paid on
the goods reported on such statements. Based on information
from the United States Customs Service, CBO expects that this
provision would have negligible effect on revenues.
These changes are summarized in Table 3 below.
TABLE 3.--ESTIMATED EFFECTS OF H.R. 5005 ON DIRECT SPENDING AND RECEIPTS
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------------
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
Changes in outlays................. 0 1 3 1 0 0 0 0 0 0 0
Changes in receipts................ 0 0 0 0 0 0 0 0 0 0 0
----------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 5005
contains intergovernmental mandates as defined in UMRA because
it would require owners and operators of U.S. airports to
provide notice to the Under Secretary of Homeland Security, by
December 31, 2002, if they are unable to accommodate systems
that detect explosives. Under current law, explosive detection
systems must be installed by December 31, 2002. In addition,
the bill could preempt state jurisdiction over certain
liability cases. Such a preemption would be considered in
intergovernmental mandate. CBO estimates that the costs to
comply with those mandates would not be significant and would
not exceed the threshold established in the act ($58 million in
2002, adjusted annually for inflation). The remaining
provisions of the bill contain no mandates and would impose no
costs on state, local, or tribal governments. The bill contains
no new private-sector mandates as defined in UMRA.
Previous CBO estimates: On July 9, 2002, CBO transmitted a
cost estimate for H.R. 5005 as introduced on June 24, 2002. the
Select Committee's version of the bill contains several
different provisions that would affect the costs of
establishing the DHS. Our cost estimates reflect those
differences.
On June 17, 2002, CBO transmitted a cost estimate for S.
2452, the National Homeland Security and Combating Terrorism
Act of 2002, as ordered reported by the Senate Committee on
Governmental Affairs on May 22, 2002. While both S. 2452 and
H.R. 5005 would authorize the establishment of a Department of
Homeland Security, they would consolidate different agencies to
form the new department and would authorize some different
activities for the new department. CBO's cost estimates for the
two bills reflect those differences.
Estimate prepared by: Federal costs: Matthew Pickford,
Deborah Reis, Mark Grabowicz, and Kathleen Gramp, Matthew
Schmit and Ellen Hays; impact on state, local, and tribal
governments: Elyse Goldman; impact on the private sector: Paige
Piper/Bach.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional Authority of Congress to enact this legislation
is provided by Article 1, section 8, clause 1 (relating to the
defense and general welfare of the United States), clause 3
(relating to the power to regulate foreign and interstate
commerce), and clause 4 (relating to the laws of
naturalization).
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title; Table of Contents
This section establishes the short title of the bill, the
``Homeland Security Act of 2002'' and provides a table of
contents.
Section 2. Definitions
This section defines terms used throughout the bill. The
Select Committee notes that none of the definitions used in
this bill are intended to apply beyond the provisions of this
legislation. For instance, the term ``terrorism'' is not
intended to superscede the definition of terrorism found
elsewhere in statute or as that term is used under
international law.
Section 3. Construction; Severability
This section provides that terms of the legislation are to
be construed to provide the maximum effect permitted by law,
unless a term is held to be invalid or unenforceable, in which
case that provision is to be deemed severable from the rest of
the legislation.
Section 4. Effective Date
This section provides that the effective date of the
legislation is 30 days after the date of enactment, or January
1, 2003, if the bill is enacted within 30 days of that date.
title i--department of homeland security
Section 101. Executive Department; Mission
This section establishes the Department of Homeland
Security in the executive branch of the United States
government and defines its primary missions and
responsibilities. The primary missions of the department
include: preventing terrorist attacks within the United States,
reducing the vulnerability of the United States to terrorism at
home, and minimizing the damage and assisting in the recovery
from any attacks that may occur.
The Department must continue to carry out all the functions
from organizations it is absorbing including acting as the
focal point for natural and manmade crises and emergency
planning. The Department must also continue perform non-
homeland security related functions previously assigned to the
organizations being transferred in a way that does not diminish
or neglect those functions. While the Department promotes
homeland security programs, it must also ensure those programs
do not negatively impact the United States' economic security.
Law enforcement functions, including responsibility for
investigating and prosecuting acts of terrorism, will remain
the responsibility of Federal, State, and local law enforcement
agencies, except as specifically noted.
Section 102. Secretary, Functions
This section provides that a Secretary of Homeland Security
appointed by the President and confirmed by the Senate will
head the Department. The section gives full authority and
control over the Department and the duties and activities
performed by its personnel, and endows the Secretary with the
authorities necessary to fulfill the Department's statutory
mission to protect the United States. In carrying out the
duties prescribed by this legislation, the Secretary will
coordinate with State and local governments, agencies,
authorities and with the private sector to help with planning,
training, equipment and exercises as well as provide
information and warnings. The Secretary will also work to
consolidate the Federal Government's homeland security related
communications and communications systems to better work with
other parts of government and the private sector. This section
also provides that the promulgation of rules and regulations
will be governed by the Administrative Procedures Act, unless
otherwise noted.
The bill directs the Secretary to appoint a Special
Assistant to help coordinate with the private sector. The
Select Committee recognizes that any comprehensive approach to
providing for homeland security requires the involvement of all
sectors of society, both public and private. The private sector
has an important role to play and must be included in the
overall security strategies designed by the Department. To
facilitate a strong public-private partnership, this section
creates the position of the Special Assistant for Private
Sector Liaison in the office of the Secretary.
The Special Assistant will be the primary contact for
private sector activities and coordination with the Department.
Through Private Sector Advisory Councils, comprised of industry
and associated representatives, the Department will have a
forum to identify the best available technology for homeland
security, develop creative solutions to the nation's homeland
security challenges, and receive feedback on the impact of
these measures. The Special Assistant will also maintain
relationships with the national laboratories, Federally Funded
Research and Development Centers, and academia engaged in
homeland security efforts. The Special Assistant should
identify and facilitate projects that enable the nation to
realize gains from combining cutting-edge research and
development with commercial sound projects to achieve the most
effective and cost efficient equipment possible to address
terrorist activities. The Special Assistant will also promote
existing public-private partnerships such as the Secret
Service's Electronic Crimes Task Force and Customs-Trade
partnership Against Terrorism while promoting new partnerships
to fight terrorism and supporting the development of best
practices to secure the nation's critical infrastructure. The
Select Committee desires that the Special Assistant be given
adequate support staff and facilities to support this effort.
Section 103. Other Officers
This section creates the personnel structure that will
support the Secretary in carrying out the missions and
responsibilities of the Department. This section establishes a
senior management team, including a Deputy Secretary, an Under
Secretary for each of the four functional divisions within the
Department, an Under Secretary for Management and up to 4
assistant secretaries who are subject to the advice and consent
of the Senate. Additionally, the section provides for the
appointment of an Inspector General and a Commandant of the
Coast Guard, each subject to the advice and consent of the
Senate. The General Counsel, a Director of Secret Service, a
Chief Information Officer and not more than eight Assistant
Secretaries will be presidential appointees not requiring
Senate confirmation.
Section 104. National Council of First Responders
In addition to the Secretary's management team, the
President will appoint a National Council of First Responders
of not less than 100 members. The Council will include police,
firefighters, emergency medical technicians, rescue workers,
and hospital personnel who serve for a term of three years.
Members will not be compensated for their work but will advise
the Secretary on matters of importance to the first responder
community including technology advances, improvements to
communications, and coordination and threats to first
responders. The Council will send a report to Congress annually
on October 1 on the use of first responders.
title ii--information analysis and infrastructure protection
Subtitle A--Under Secretary for Information Analysis and Infrastructure
Protection
Section 201. Under Secretary for Information Analysis and
Infrastructure Protection
This section creates an Under Secretary for Information
Analysis and Infrastructure Protection and specifies the Under
Secretary's primary responsibilities. These include: (1)
receiving and analyzing law enforcement information,
intelligence, and other lawfully obtained information in order
to understand the nature and scope of the terrorist threat to
the United States homeland; (2) integrating relevant
information to produce and disseminate infrastructure
vulnerabilities assessments; (3) analyzing that information to
identify and prioritize the types of protective measures to be
taken; (4) making recommendations for information sharing and
developing a national plan that would outline recommendations
to improve the security of key resources; (5) administering the
Homeland Security Advisory System; (6) exercising primary
responsibility for public threat advisories and providing
specific warning information to State and local governments and
the private sector, as well as advice about appropriate
protective actions and countermeasures; and (7) making
recommendations for improvements in the policies and procedures
governing the sharing of law enforcement, intelligence and
other information relating to homeland security within the
Federal government and between the Federal government and State
and local governments.
Section 202. Functions Transferred
This section identifies agencies and functions relevant to
information analysis and infrastructure protection that are to
be transferred to the Department of Homeland Security. These
include the National Infrastructure Protection Center of the
Federal Bureau of Investigation (other than the Computer
Investigations and Operations Section); the National
Communications System of the Department of Defense; the
Critical Infrastructure Assurance Office of the Department of
Commerce; the Energy Security and Assurance Program of the
Department of Energy, including the National Infrastructure
Simulation and Analysis Center; and the Federal Computer
Incident Response Center of the General Services
Administration.
Section 203. Access to Information
This section establishes the Secretary of Homeland
Security's entitlement to receive intelligence and other
information relating to information analysis and infrastructure
protection from agencies and departments of the United States
Government. Under the terms of this section, there are three
broad categories of information to which the Secretary is given
access. Unless the President directs otherwise, all executive
agencies have an obligation to furnish appropriate information
to the Secretary, even if no request has been made for them.
First, the Secretary is authorized to receive all reports,
assessments and analytic information relating to terrorist
threats against the United States and to other areas within the
Department's responsibilities. In this case, the Secretary does
not normally receive ``raw'' or unprocessed intelligence data
which would include, for example, recordings or verbatim
transcripts of conversations.
The second category of information to which the Secretary
is granted access is information concerning infrastructure or
other vulnerabilities of the United States to terrorism. In
this case, material may include raw data in addition to other
types of data, reports, and analysis previously mentioned.
The final category of information also includes unprocessed
or raw data on significant and credible threats of terrorism in
the United States, but only if the President determines the
Secretary may have access to such information. The Secretary
will also have access to other material that the President
determines is needed to fulfill the mission of the Homeland
Security Department.
Additionally, the Secretary is required to have access and
input to information from any national collaborative
information analysis capability that may be established by the
Secretary of Defense and the Director of Central Intelligence.
The section provides that the Secretary and executive
agency heads will enter into agreements regarding thresholds
for the automatic provision of each category of materials, but
that information sharing will not be delayed pending such
agreements.
In all cases, the Secretary is required to ensure that
material received as outlined in this section is used only for
the performance of official duties and is protected from
unauthorized disclosure. The Secretary's right to receive
information is also subject to the traditional authority of the
intelligence and law enforcement agencies to protect sources
and methods and sensitive law enforcement information.
Section 204. Procedures for Sharing Information
This section outlines procedures to ensure the proper
safeguards and security for information received by the
Department. The Select Committee believes that it is imperative
that the constitutional and statutory privacy rights of
individuals are protected. This section provides that the
Secretary will take measures to prevent unauthorized use of
information, ensure the security and confidentiality of
information, and remove or destroy obsolete or erroneous
material in a timely matter.
Section 205. Privacy Officer
This section requires the appointment of an officer to
guide the Department in decisions that have an impact on
privacy. This officer will also ensure the Department's
compliance with the Privacy Act of 1974 and permit
congressional oversight of the activities of the Department
that have privacy implications.
The Privacy Officer would be responsible for assuring that
all forms of technologies, in addition to information
technologies, are not employed by DHS in any way that erodes
citizens' privacy protections.
The Privacy Officer would also be responsible for
evaluating regulatory and legislative proposals that have an
impact on privacy. The Privacy Officer will report to Congress
on privacy violations and conduct privacy impact assessments of
proposed rules.
The Secretary will establish procedures ensuring the
confidentiality and accuracy of personally identifiable
information. These procedures would require the Secretary to
(1) limit use and access to personally identifiable information
(such as Social Security numbers) to ensure that it is not used
for an unauthorized purpose; (2) ensure the security and
confidentiality of such information; (3) protect the
constitutional and statutory rights of any individuals who are
subject of such information; and (4) provide data integrity
through the timely removal and destruction of obsolete or
erroneous names and information.
Section 206. Cybersecurity Program
This section directs the Secretary to establish and manage
a program to improve the security of Federal critical
information systems. It establishes three duties for the
Secretary. First the Secretary is responsible for evaluating
the increased use by civilian executive agencies of techniques
and tools to enhance the security of Federal critical systems.
Second, the Secretary is responsible for providing assistance
to civilian executive agencies in protecting the security of
Federal critical information systems, including identification
of significant risks to such systems. Third, the Secretary is
responsible for coordinating research and development to
enhance the security of critical information systems, including
supervisory control and data acquisition systems.
This section also establishes as part of the program to
improve security of Federal critical information systems, a
Federal Information System Security Team to provide technical
expertise to civilian executive agencies by conducting
cybersecurity audits of civilian executive agency information
systems (other than national security systems) in accordance
with agreements between the Secretary and the head of those
agencies. This team will be comprised of computer security
technical experts who will conduct tests of the effectiveness
of logical access controls of interconnected computer systems
and networks of civilian executive agencies and contractors,
including penetration tests and other vulnerability assessment
techniques on Federal critical information systems.
The Select Committee believes greater emphasis is needed on
information security of Federal critical information systems,
and on research and development to enhance security of the
Nation's critical information systems.
Subtitle B--Intelligence Analysis Center
Section 211. Intelligence Analysis Center
This section establishes the Intelligence Analysis Center,
headed by the Under Secretary for Information Analysis and
Infrastructure Protection. The Intelligence Center is a program
of the National Foreign Intelligence Program and is responsible
for analyzing information, preparing and disseminating reports,
working with other elements of Federal, State, and local
governments and supporting the intelligence and information
requirements of the Department.
Through agreements between the Secretary and other Federal
departments, individuals may be temporarily assigned for a
period of less than two years to the Intelligence Analysis
Center. The Secretary must reimburse the detailee's parent
organization.
This section also amends section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)) by adding the
Intelligence Analysis Center of the Department of Homeland
Security as an element of the Intelligence Community.
Section 212. Mission of the Intelligence Analysis Center
This section outlines the primary mission of the
Intelligence Analysis Center (Center) and denotes the functions
transferred into the Center. The Center will be responsible for
analyzing information and intelligence, preparing all source
reports and warnings and subsequently disseminating reports and
warnings on both terrorist threats and ways to better protect
critical infrastructures. To perform its duties, the Center
must coordinate with elements of the intelligence community as
well as Federal, State and local law enforcement agencies and
the private sector to both receive and share information.
The Center is also directed to prepare strategic and
tactical assessments on the terrorism and infrastructure
topics. These topics include: domestic terrorism, international
terrorism, counterintelligence, transnational crime,
proliferation of weapons of mass destruction, illicit financing
of terrorist activities, cybersecurity and cybercrime, and key
resources and critical infrastructures.
Staffing for the Intelligence Analysis Center will include
resources and personnel from the National Infrastructure
Protection Center of the Federal Bureau of Investigation (other
than the Computer Investigations and Operations Section); the
National Communications System of the Department of Defense;
the Critical Infrastructure Assurance Office of the Department
of Commerce; the National Infrastructure Simulation and
Analysis Center of the Department of Energy; and the Federal
Computer Incident Response Center of the General Services
Administration. The intelligence elements of the following
organizations will also be included: United States Customs
Services, Immigration and Naturalization Service,
Transportation Security Administration, and the Federal
Protective Service.
This section also expresses the sense of Congress that the
Undersecretary should model the Center on the technical and
analytic approach of the Information Dominance Center of the
Department of the Army.
It is the expectation of the Select Committee that the
Secretary will from time to time consult with the President
regarding the information needs of the Department, and the
President may, in his deiscretion, direct such action as he
deems appropiate following these consultations.
title iii--science and technology
Section 301. Under Secretary for Research and Development.
This section specifies primary responsibilities of the
Under Secretary for Research and Development. The Secretary
will be responsible for preparing the national policy and plans
for developing countermeasures to chemical, biological,
radiological, nuclear and other emerging threats; administering
research and development priorities based on needs and risk
assessments and subsequently conducting and managing basic and
applied research, development, demonstration, testing, and
evaluation activities for the Department with the exception of
human health related research and development. The Department
will also develop guidelines for reviewing the merits of
homeland security related research.
This section provides that particular emphasis should be
placed on fielding technology and systems for preventing the
importation of, detecting and protecting against chemical,
biological, radiological and nuclear weapons and related
materials; and for improving the ability of emergency response
providers to have robust and interoperable communications.
This section also provides that the Department will also
establish methods to help Federal, State, and local government
and private sector entities evaluate and implement homeland
security technologies including, but not limited to,
establishing a centralized Federal repository to help those who
may wish to pursue proposals to develop or deploy homeland
security technologies.
This section also directs the Secretary to assist others in
evaluating and implementing homeland security related
technologies.
The Select Committee believes the private sector should
continue to lead the standard setting development process.
Therefore, the Select Committee recommends any standard-setting
functions transferred to the department should conform with the
National Technology Transfer Act of 1995 and OMB circular A-119
to ensure the private sector maintains its leadership role in
standard setting.
Section 302. Functions Transferred
This section identifies agencies and functions relevant to
research and development that are to be transferred to the
Department of Homeland Security. These include the select agent
registration enforcement programs and activities of the
Department of Health and Human Services, provided that a
related program within the Department of Agriculture is
transferred; certain relevant programs of the Department of
Energy, the Environmental Measurements Laboratory, the advanced
scientific computing research program and activities at
Lawrence Livermore National Laboratory; the Biological Defense
Homeland Security Support Program and the Biological Counter-
Terrorism Research Program from the Department of Defense.
Section 303. Conduct of Certain Public Health-Related Activities
This section provides that the Secretary of Health and
Human Services will continue to carry out human health related
research and development. In recognition of the fact that the
new Department will have important intelligence, threat, and
vulnerability-related information necessary for the
identification of certain research priorities, this section
provides that the Secretary of Health and Human Services will
set priorities, goals, and objectives in collaboration with the
Secretary of the Department of Homeland Security with respect
to human health-related research and development activities on
countermeasures for chemical, biological, radiological, and
nuclear terrorist threats.
Section 304. Federally Funded Research and Development Center
This section directs the Secretary to establish or contract
with existing Federally Funded Research and Development Centers
(FFRDC's) to obtain advice and assistance.
Section 305. Miscellaneous Provisions
This section outlines a variety of miscellaneous provisions
dealing with the administration of the Department. In order to
share information and technology on the widest scale possible
with public and private sectors, this section provides that
research conducted or supported by the Department will be
unclassified to the greatest extent possible. Other elements
within the Department may conduct research and associated
activities as long as they are coordinated with the under
secretary for Research and Development. The Secretary has the
authority to issue regulations for the Department for research
and associated matters.
This section requires the President to notify Congress not
later than 60 days before transferring the Department of Energy
life sciences activities into the Department, including the
reasons for the transfer and the impact on the Department of
Energy.
Section 306. Homeland Security Science and Technology Coordination
Council
This section directs the establishment of a Homeland
Security Science and Technology Coordination Council within the
Department to assist the Secretary in establishing priorities
for homeland security that begin with basic research and follow
through to acquisition needs.
Section 307. Conduct of Research, Development, Demonstration, Testing,
and Evaluation
This section directs the Secretary to fund both government
and non-government organizations to conduct homeland security
research, development, demonstration, testing, and evaluation
programs. Specifically, the Secretary, acting through the Under
Secretary for Research and Development, must ensure that as
many colleges, universities, private research institutes and
companies throughout the United States can compete for funds
that may be available through grants, cooperative agreements,
and contracts. The Secretary will also establish a university-
based center for homeland security research within the academic
community. Funds are authorized to carry out this program.
Similarly, the Secretary should draw upon expertise within
the Federal Government's own National Laboratories. This
section permits the Secretary to establish a headquarters
laboratory to coordinate the Federal homeland security efforts
and may add other laboratory units as needed. If the Secretary
decides to establish a headquarters laboratory, then a formal
process is required to document criteria and justification for
selection of a specific laboratory. A report to Congress is
mandated on lab selection and no laboratory may begin operating
as the headquarters until at least 30 days after Congressional
notification.
The Select Committee believes that contracting or other
work agreements should be agile and flexible to allow maximum
participation by the public and private sector.
Section 308. Transfer of Plum Island Animal Disease Center, Department
of Agriculture
This section transfers the Plum Island Animal Disease
Center from the Department of Agriculture to the Department of
Homeland Security. The Plum Island Facility also performs
research that is vital to the mission of the Department of
Agriculture, therefore, the Secretary of Agriculture and the
Department of Homeland Security will complete a formal
agreement to ensure the Department of Agriculture will continue
to have access to the Plum Island Facility. Additionally, this
section requires the President to notify Congress at least 180
days before any change in the biosafety level at the Plum
Island Animal Disease Center.
title iv--border and transportation security
Subtitle A--General Provisions
Section 401. Under Secretary for Border and Transportation Security
This section outlines the primary responsibilities for the
Under Secretary for Border and Transportation Security. These
include: preventing the entry of terrorists and the instruments
of terrorism into the United States; securing the borders,
territorial waters, ports, terminals, waterways, and air, land,
and sea transportation systems of the United States; carrying
out the immigration enforcement functions including
establishment of rules governing the granting of visas and
other forms of permission to enter the United States to
individuals who are not citizens or lawful permanent residents;
administering the customs laws of the United States, except for
the collection of revenues which remains under the authority of
the Secretary of Treasury; conducting agricultural related
border inspections and associated administrative functions; and
ensuring the speedy orderly, and efficient flow of lawful
traffic and commerce in carrying out these responsibilities.
Section 402. Functions Transferred
This section identifies agencies and functions relevant to
border and transportation security that are to be transferred
to the Department of Homeland Security. These include the
United States Customs Service (now in the Department of the
Treasury), except that certain revenue collecting functions
will remain within the Department of Treasury; the
Transportation Security Administration (now in the Department
of Transportation); the Federal Protective Service (now in the
General Services Administration); the Office of National
Preparedness (now in the Federal Emergency Management Agency);
the Office of Domestic Preparedness of the Office of Justice
Programs (now in the Department of Justice); the National
Domestic Preparedness Office (now in the Federal Bureau of
Investigation); and the Domestic Emergency Support Teams (now
in the Department of Justice). The section expressly requires
that the Coast Guard, be maintained as a distinct entity within
the Department of Homeland Security.
Section 403. Visa Issuance
This section transfers to the Secretary of Homeland
Security certain functions regarding the issuance and denial of
visas to enter the United States. Subsection (a)(1) provides
that (with certain exceptions provided in subsection (b)), the
Secretary will be vested exclusively with regulatory,
administrative, and enforcement authority over immigration and
nationality laws relating to the functions of consular officers
in connection with the granting or refusal of visas. This
paragraph further provides that the visa-related authorities
conferred upon the Secretary of Homeland Security will be
exercised through the Secretary of State, and that the
Secretary of Homeland Security does not have authority to alter
or reverse a decision of a consular officer to refuse a visa.
Subsection (a)(2) provides that the Secretary of Homeland
Security may confer or impose the visa-related authorities
specified in paragraph (1) on any officer or employee of the
United States, with the consent of the head of the agency by
which that person is employed. This could include, for
instance, a delegation of some or all of these authorities back
to the Secretary of State.
Subsection (b)(1) provides that the Secretary of State may
direct a consular officer to refuse a visa on foreign policy or
security grounds. This authority is similar to the authority
currently provided the Secretary of State under section
212(a)(3)(c) of the Immigration and Nationality Act. Subsection
(b)(2) specifies a number of foreign policy-related authorities
under the Immigration and Nationality Act which will be
retained by the Secretary of State.
Subsection (c)(1) provides that the Secretary of Homeland
Security is authorized to assign Homeland Security employees to
diplomatic and consular posts abroad to advise consular
officers on homeland security issues, to review visa
applications, and to conduct investigations on threats to
homeland security. Subsection (c)(2) provides that the overseas
assignments described in paragraph (1) may, where appropriate,
be permanent assignments, and that the Secretary of Homeland
Security may direct employees on those permanent assignments
participate in terrorist lookout committees at those posts.
Paragraph (3) provides that the Secretary of Homeland
Security will: provide training for Homeland Security employees
assigned abroad in foreign languages, country conditions, and
other appropriate areas of study; establish foreign language
requirements for those positions and employment preferences for
persons who meet those requirements; and may use the National
Foreign Affairs Training Center for the purpose of training
described in subparagraph (A).
Subsection (d) provides that nothing in section 403 can be
construed to create a private right of action to challenge a
decision of a consular officer to grant or deny a visa. This
savings clause is to ensure that the amendment provided by this
section does not affect current law with respect to non-
reviewability of visa decisions.
The Secretary of Homeland Security is directed to provide
several reports and studies to Congress to determine the
appropriate use of foreign nationals employed to issue visas
and how the visa issuance process affects procedures for
student visas. The United States depends heavily on foreign
graduate students in many science and technology fields. The
Select Committee believes that it is important that procedures
for granting student visas balance the need to improve homeland
security with the benefits that are gained when talented
students from other countries study in the United States.
This section also terminates a program that allowed
applicants in Saudi Arabia to obtain visas from travel agents
and other third parties. Now applications must be interviewed
by on site personnel unless they certify an alien is unlikely
to present a risk to homeland security.
Section 404. Transfer of Certain Agricultural Inspection Functions of
the Department of Agriculture
This section transfers to the Secretary of Homeland
Security the functions of the Secretary of Agriculture related
to agricultural import and entry inspection activities. The
Secretary is charged with carrying out inspections including
pre-clearance of passengers, luggage, cargo, and their means of
conveyance and enforcing existing laws and those regulations
established by the Department of Agriculture.
While agricultural inspection functions, as well as those
related administrative and enforcement functions, will become
the responsibility of the Secretary of Homeland Security,
quarantine activities and facilities will be retained by the
Secretary of Agriculture. This section does not preclude the
Secretary of Homeland Security from taking actions related to
inspection functions, such as seizing or holding plant or
animal materials entering the United States.
Because the Secretary of Agriculture retains unique
expertise in the areas of animal, plant, associated products,
soils or other biological materials that may present an
unacceptable risk to the agriculture of the United States, this
section requires the Secretary of Agriculture to continue to
provide regulations, policies and procedures for administering
the covered laws while the Department of Homeland Security
carries out actual inspections. However, the Secretary of
Homeland Security, in consultation with the Secretary of
Agriculture, may issue directives and guidelines for the
effective use of personnel.
This section requires the Secretary of Agriculture and the
Secretary of Homeland Security to enter into an agreement to
transfer functions. This agreement must address the training of
employees and the transfer of funds. In addition, the agreement
may include the authority for the Secretary of Homeland
Security to perform functions delegated to the Animal and Plant
Health Inspection Service of the Department of Agriculture
(APHIS) for the protection of domestic livestock and plants as
well as authority for the Secretary of Agriculture to use
employees of the Department of Homeland Security to carry out
APHIS functions. The Secretary of Agriculture will transfer
funds collected by fee authorities to the Secretary of Homeland
Security as long as the funds do not exceed the proportion of
the costs incurred by the Secretary of Homeland Security in
carrying out activities funded by such fees.
During the transition period, the Secretary of Agriculture
will transfer to the Secretary of Homeland Security not more
than 3,200 full-time equivalent positions of the Department of
Agriculture. This section also makes conforming amendments to
title V of the Agricultural Risk Protection Act of 2000 related
to the protection of inspection animals.
Section 405. Functions of Administrator of General Services
This section transfers to the Secretary only those
functions of the Administrator of General Services related to
law enforcement and security functions. Any amount of money
transferred by the Administrator of General Services to the
Secretary will be used by the Secretary solely for the
protection of buildings or grounds owned or occupied by the
Federal Government.
Section 406. Functions of Transportation Security Administration
This section requires the Secretary to establish a liaison
office within the Department to consult with the Administrator
of the Federal Aviation Administration before taking any action
that might affect aviation safety, air carrier operations,
aircraft airworthiness, or the use of air space. The Secretary
must submit a report to Congress that outlines a plan for
complying with the requirements of section 44901(d) of title
49, United States Code. The Secretary of Homeland Security is
expressly prohibited from spending any Airport Improvement
Program (AIP) funds.
Section 407. Preservation of Transportation Security Administration as
a Distinct Entity
To assist the newly created Transportation Security
Administration (TSA) in transitioning to the Homeland Security
Department, this section mandates that the TSA remain a
distinct entity within the Department of Homeland Security for
a period of two years after this legislation is enacted. The
Select Committee recognizes that the TSA is being transferred
to the Department at the same time it is working to meet a
number of statutory deadlines as a newly created agency. The
TSA has a responsibility to ensure both effective security and
an efficient transportation system. Therefore, the Select
Committee believes the TSA should use all reasonable measures
to ensure efficiency and a viable transportation system in all
modes as it fulfills its security responsibilities.
Section 408. Annual Assessment of Terrorist-Related Threats to Public
Transportation
This section requires the Secretary, in consultation with
other Federal departments and agencies, to conduct an annual
assessment of terrorist-related threats to public
transportation and associated areas where the public may
gather.
Section 409. Explosive Detection Systems
This section requires the Under Secretary of Homeland
Security to notify the owner or operator of each United States
airport on the number and type of explosive detection systems
required to screen all checked baggage without imposing an
unreasonable delay on passengers. In turn, airport owners and
operators will report back to the Under Secretary if they are
unable to make modifications to the airport's terminal
buildings to accommodate explosive detection systems with a
plan for making those changes. All plans shall be executed as
soon as possible, but not later than December 31, 2003. A copy
of the plan will be sent to Congress, but not disclosed to the
public for security reasons.
The Under Secretary for Homeland Security will purchase
explosive detection systems for airports. Explosive detection
systems should have high throughput, low false alarm rates, and
high reliability without reducing detection rates. These
systems should be placed in non-public areas such as baggage
sorting areas and to the maximum extent possible, not in
airport lobbies. If airports are unable to have explosive
detection systems operational by December 31, 2002, baggage
will continue to be screened by other methods.
With concerns mounting about the ability of the TSA to
place explosive detection systems in all airports by current
statutory deadlines, the Select Committee believes that this
approach balances the need for confidence in explosive
detection technology with the need for rapid deployment of this
technology at the Nation's airports.
Section 410. Transportation Security
This section amends current law to reflect the Secretary of
Homeland Security has assumed responsibility for the
Transportation Security Administration. Accordingly, the
Secretary of Homeland Security will establish and chair a
Transportation Security Oversight Board. Additionally, the
Secretary of Transportation will consult with the Secretary of
Homeland Security before approving airport development project
grants that relate to security equipment and the installation
of bulk explosive detection systems.
Subtitle B--Immigration and Nationality Functions
CHAPTER 1--IMMIGRATION ENFORCEMENT
Section 411. Transfer of Functions to Under Secretary for Border and
Transportation Security
This section transfers the functions of (1) the Border
Patrol program, (2) the detention and removal program, (3) the
intelligence program, (4) the investigations program, and (5)
the inspections program from the Commissioner of the
Immigration and Naturalization to the Under Secretary for
Border and Transportation Security, including the personnel,
assets, and liabilities of those programs.
Section 412. Establishment of Bureau of Border Security
This section establishes the Bureau of Border Security
within the Department and provides that the head of the Bureau
will be the Assistant Secretary of the Bureau of Border
Security, who must have at least 10 years of law enforcement
experience, 5 of which must have been as a manager. The
Assistant Secretary will report directly to the Under Secretary
for Border and Transportation Security.
The Assistant Secretary will be responsible for the
establishment and administration of policies for performing the
functions transferred by section 411, and advising the Under
Secretary with respect to any policy of the Bureau of Border
Security that may affect or conflict with the policies and
operations of the Bureau of Citizenship and Immigration
Services of the Department of Justice. The Assistant Secretary
must also operate a program to collect information relating to
foreign students, and a program to rotate senior managers
through all of the major functions of the Bureau.
This section also creates the position of Chief of Policy
and Strategy and the Citizenship and Immigration Services
Liaison in the Bureau. The Chief of Policy and Strategy will
establish national immigration enforcement policies and
practices, perform research and analysis on immigration
enforcement issues, and coordination of these policies with the
Bureau of Citizenship and Immigration Services of the
Department of Justice. The Citizenship and Immigration Services
Liaison will be responsible for the appropriate allocation and
coordination of resources involving shared support functions
for the Bureau and the Bureau of Citizenship and Immigration
Services of the Department of Justice.
Section 413. Professional Responsibility and Quality Review
This section provides that the Under Secretary for Border
and Transportation Security will be responsible for conducting
noncriminal investigations of allegations of improper conduct
by any employee of the Bureau, unless that allegation is being
investigated by the Inspector General. The Under Secretary is
also responsible for inspecting and analyzing the ongoing
operations and management of the Bureau.
Section 414. Employee Discipline
This section authorizes the Under Secretary to discipline
any Bureau employee, including terminating that employee, for
willfully deceiving Congress or agency leadership, subject to
the policies and procedures applicable to the Federal Bureau of
Investigation for similar behavior.
Section 415. Report on Improving Enforcement Functions
Not later than 1 year after being sworn into office, the
Secretary must submit a report to the Committees on
Appropriations and the Judiciary of the House and Senate
detailing a plan to effectively, comprehensively, and fairly
enforce the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) after the transfer of the functions pursuant to section
411. In preparing the report, the Secretary must consult with
other specified Federal, State, and local officials.
CHAPTER 2--CITIZENSHIP AND IMMIGRATION SERVICES
Subchapter A--Transfers of Functions
Section 421. Establishment of the Bureau of Citizenship and Immigration
Services
Subsection (a) establishes the Bureau of Citizenship and
Immigration Service (BCIS) in the Justice Department. The
bureau is headed by the Assistant Attorney General for
Citizenship and Immigration Services, who reports directly to
the Deputy Attorney General and must have at least 10 years
professional experience in adjudicating Government benefits or
services, at least five of which must have been years of
service in a managerial capacity or in a position affording
comparable management experience.
The Assistant Attorney General: (1) establishes citizenship
and immigration services policies for the bureau; (2) oversees
the administration of those policies and advises the Deputy
Attorney General on any policy or operation of the BCIS that
may affect the Bureau of Border Security of the Department of
Homeland Security, including potentially conflicting policies
or operations; (3) meets regularly with the Citizenship and
Immigration Services Ombudsman to correct serious service
problems identified by the Ombudsman; and (4) establishes
procedures for a formal response to any recommendations
submitted in the Ombudsman's annual report to Congress within 3
months of its submission to Congress. The Assistant Attorney
General must also design and implement a program to rotate
senior managers through all of the major functions of the
bureau. Finally, the Assistant Attorney General is authorized
to implement innovative pilot initiatives to eliminate any
remaining backlog in the processing of immigration benefit
applications, including increasing and transferring personnel,
and streamlining paperwork.
Subsection (b) transfers from the Commissioner of the
Immigration and Naturalization Service (INS) to the Assistant
Attorney General of the BCIS the following functions, and all
personnel, infrastructure, and funding given to the
Commissioner in support of such functions prior to the
abolishment of the INS: (1) adjudications of immigrant visa
petitions; (2) naturalization petition adjudications; (3)
asylum and refugee application adjudications; (4) service
center adjudications; and (5) all other immigration benefit
adjudications.
Subsection (c) establishes the position of Chief of Policy
and Strategy. The Chief must (1) establish national immigration
services policies and priorities; (2) perform policy research
and analysis on immigration services issues; and (3) coordinate
immigration services policy issues with the Chief of Policy and
Strategy for the Bureau of Border Security in the Department of
Homeland Security.
Subsection (d) establishes the position of General Counsel
for the BCIS to provide serve as the principal legal adviser to
the Assistant Attorney General, and will provide legal advice,
opinions, and other help to the Assistant Attorney General, and
represent the BCIS in visa petition appeal proceedings in legal
or administrative proceedings involving immigration services
issues.
Subsection (e) establishes the position of Chief Budget
Officer for the BCIS. This officer formulates and executes the
budget of the BCIS according to the needs of the service
bureau. This officer will have all of the authorities and
functions for the BCIS of an agency chief financial officer
under section 902 of title 31, United States Code.
Subsection (f) establishes the position of Chief of
Congressional, Intergovernmental, and Public Affairs in the
BCIS. The Chief (1) provides citizenship and immigration
services information to the Congress, including information on
specific constituent cases relating to immigration services;
(2) serves as a liaison with other Federal agencies on
citizenship and immigration services issues; and (3) responds
to inquiries from the media and general public on citizenship
and immigration services issues.
Subsection (g) establishes the position of Border Security
Liaison for the Bureau of Citizenship and Immigration Services.
This officer will be responsible for the appropriate allocation
and coordination of resources involving shared support
functions for the BCIS and the Bureau of Border Security of the
Department of Homeland Security.
Subsection (h) establishes the position of Chief of the
Office of Citizenship in the BCIS. The Chief promotes
instruction and training on citizenship responsibilities for
aliens interested in becoming naturalized citizens of the
United States, including the development of educational
materials.
Section 422. Citizenship and Immigration Services Ombudsman
Subsection (a) establishes the position of Citizenship and
Immigration Services Ombudsman within the Department of
Justice. The Ombudsman will report directly to the Deputy
Attorney General and must have a background in customer service
and immigration law.
The functions of the Ombudsman include: (1) assisting
individuals and employers in resolving problems with the BCIS;
(2) identifying areas in which individuals and employers have
problems in dealing with the BCIS; (3) proposing changes in the
administrative practices of the BCIS to mitigate identified
problems; and (4) identifying potential legislative changes
appropriate to mitigate such problems.
The Ombudsman is required to submit a report to the
Judiciary Committees of the House and Senate by June 30 of each
calendar year on the objectives of the Office of the Ombudsman
for the fiscal year beginning in that calendar year. Those
reports must contain full and substantive analysis, statistical
analysis, and (1) identify the initiatives the Office has taken
to improve the services and responsiveness of the BCIS; (2)
contain a summary of the most pervasive and serious problems
encountered by individuals and employers, including a
description of the nature of such problems; (3) contain an
inventory of the items described in (1) and (2) above for which
action has been taken and the result of such action, for which
action remains to be completed and the period in which each
item has remained on such inventory, finally for which no
action has been taken, including the period in which each item
has remained on such inventory, the reasons for the inaction,
and the identity of any BCIS official responsible for such
inaction; (4) contain recommendations for appropriate
administrative and legislative action to resolve problems
encountered by individuals and employers, including problems
created by excessive backlogs in the adjudication and
processing of immigration benefit petitions and applications;
and (5) include any other information deemed advisable by the
Ombudsman. The annual report is to be provided directly to the
congressional committees without prior review or comment from
the Attorney General, the Assistant Attorney General for
Citizenship and Immigration Services, any employee of the
Justice Department, or the Office of Management and Budget. The
Select Committee believes that to help improve services, it is
important that Congress have an accurate, unfiltered report on
serious problems with the BCIS.
The Ombudsman also monitors the coverage and geographic
allocation of local Ombudsman offices; develops guidance to
distribute to all BCIS officers and employees outlining the
criteria for referral of inquiries to the local Ombudsman
offices; ensures that each local Ombudsman office telephone
number is published and available to individuals and employers
served by the local office; and meets regularly with the
Assistant Attorney General for Citizenship and Immigration
Services to identify serious service problems and to present
recommendations for appropriate administrative actions to
resolve problems encountered by individuals and employers.
The Ombudsman has the responsibility and authority to
appoint local ombudsmen and ensure that at least 1 ombudsman is
available to each State. The Ombudsman is also authorized to
evaluate and take personnel actions, including dismissal,
against any employee of any local ombudsman office. In carrying
out these responsibilities, the Ombudsman may consult with the
appropriate BCIS supervisory personnel.
Subsection (f) requires the BCIS director to establish
procedures requiring a formal, written response to all
recommendations submitted to the director by the Ombudsman
within 3 months of receiving the recommendations.
Each local ombudsman is required to report to the Ombudsman
or delegate; may consult with the appropriate BCIS supervisory
personnel regarding the daily operation of the local ombudsman
office; will notify any individual or employer initially
seeking assistance from the local office that the local offices
operate independently of any other component of the Department
of Justice and report directly to Congress through the
Ombudsman; and at the local ombudsman's discretion, may
determine not to disclose to the BCIS that the office has had
contact with, or has had information provided by an individual
or employer. Each local ombudsman office is required to
maintain a phone, fax, and other electronic communication
access, and a post office address that is separate from those
maintained by the BCIS or any component of the BCIS.
Section 423. Professional Responsibility and Quality Review
This section provides that the Assistant Attorney General
for Citizenship and Immigration Services will be responsible
for conducting noncriminal investigations of allegations of
improper conduct by any employee of the BCIS, unless that
allegation is being investigated by the Department of Justice
Inspector General. The Assistant Attorney General is also
responsible for inspecting and analyzing the ongoing operations
and management of the Bureau.
Section 424. Employee Discipline
This section authorizes the Assistant Attorney General for
Citizenship and Immigration Services to discipline any Bureau
employee, including terminating that employee, for willfully
deceiving Congress or agency leadership, subject to the
policies and procedures applicable to the Federal Bureau of
Investigation for similar behavior, notwithstanding any other
provision of law.
Section 425. Office of Immigration Statistics within the Bureau of
Justice Statistics
This section amends the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3731 et seq.) to establish
within the Justice Department's Bureau of Justice Statistics an
Office of Immigration Statistics. The Office is headed by a
director who is appointed by the Attorney General and reports
to the Director of Justice Statistics. The director is
responsible for maintaining all immigration statistical
information of the Office of the BCIS and the Executive Office
for Immigration Review (EOIR). The statistical information is
required to include the information and immigration statistics
in a publication similar to the statistical yearbook prepared
by the INS and EOIR. However, the Select Committee believes
that the Office of Immigration Statistics should endeavor to
collect much more statistical information than the INS
currently does. Too often, much of the statistical information
that Congress requests from the INS is unavailable because the
INS does not gather such statistics, even after the Congress
has asked for similar statistics repeatedly.
The director is also responsible for establishing standards
of reliability and validity for immigration statistics
collected by the BCIS and EOIR.
While this new Office of Immigration Statistics maintains
all immigration statistics, the BCIS and EOIR each gives the
Office of Immigration Statistics statistical information from
the operational data systems controlled by each respective
component.
Subsection (b) transfers the functions performed by the
Statistics Branch of the INS Office of Policy and Planning to
this newly established Office of Immigration Statistics.
Section 426. Preservation of Attorney General's Authority
This section permits the Attorney General, or the Attorney
General's delegate, to perform any function delegated to
another official under this subchapter and provides that
references in Federal law, Executive orders, rules,
regulations, or other similar authorities are deemed to refer
to the Attorney General.
Section 427. Effective Date
This section establishes the effective date for this
subchapter (and amendments made thereunder), as the date on
which the functions identified in section 411 are transferred.
Section 428. Transition
Subsection (a) ensures that references to predecessor
organizations are deemed to refer to the organizations
described in this subchapter. Subsection (b) governs the
exercise of authorities under the law, applies certain
transition rules in title VIII to the organizations created
under this subchapter, addresses the transfer and allocation of
appropriations and personnel, and provides incidental
authorities to the Attorney General.
Subchapter B--Other Provisions
Section 431. Funding for Citizenship and Immigration Services
This section amends section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)) to strike references to
services provided without charge to asylum applicants and
authorizes such sums as may be necessary to carry out sections
207 through 209 of the Immigration and Nationality Act (8
U.S.C. 1157-1159). Funds appropriated pursuant to this
authorization will be deposited into the Immigration
Examinations Fee Account and will remain available until
expended.
Section 432. Backlog Elimination
This section changes the deadline under section 204(a) of
the Immigration Services and Infrastructure Improvements Act of
2000 (8 U.S.C. 1573(a)) for the Attorney General to eliminate
the backlog in the processing of immigration benefit
applications to 2 years after the date of enactment of the
Homeland Security Act of 2002.
Section 433. Report on Immigration Services
This section requires that the Attorney General report to
the Committees on Appropriations and the Judiciary of the House
and Senate on a plan detailing how the BCIS will complete the
adjudications described in section 421(b) efficiently and
fairly after the transfer of functions takes effect. The report
is due not later than 1 year after the enactment of this
legislation.
The report must describe for each type of adjudication to
be undertaken by the Assistant Attorney General for Citizenship
and Immigration Services (1) any potential savings of resources
that may be implemented without affecting adjudication quality,
(2) the goal for processing time, and (3) any necessary
statutory modifications considered advisable by the Attorney
General. In the preparation of this report, the Attorney
General must consult with certain specified Federal officials.
Section 434. Report on Responding to Fluctuating Needs
This section requires that the Attorney General submit to
Congress on changes in law (including changes in authorizations
and appropriations) necessary to permit the INS and BCIS to
ensure a prompt and timely response to emergent, unforeseen, or
impending changes in the number of applications for immigration
benefits or other changing immigration service needs. This
report is due not later than 30 days after the date of
enactment of this legislation.
Section 435. Application of Internet-Based Technologies
Subsection (a) requires the Attorney General to establish
an Internet-based system that will permit individuals and
employers with immigration applications filed with the Attorney
General to have access to online information about the
processing status of the application within 1 year from the
date of enactment of this legislation. Currently, individuals
and employers must spend far too much time waiting in line at,
and on the phone with, the INS to learn the status of a pending
application. Allowing applicants to go on-line to check the
status of an application will save hours of time and
frustration in dealing with the INS' poor customer service and
information officers.
Subsection (b) requires the Attorney General to conduct a
feasibility study for applicants to have the ability to file
applications on-line, in addition to checking the status on
line. The study must include a review of computerization and
technology of the INS relating to the immigration services and
processing of filings related to immigrant services. The study
must also include a time and cost estimate and consider other
factors in implementing such a filing system, including the
feasibility of fee payment on-line. The Attorney General is
required to submit a report on this study to the Committees on
the Judiciary for both chambers of Congress within 1 year from
the date of enactment of the bill.
Subsection (c) requires the Attorney General to establish
an advisory committee within 60 days from the date of enactment
of this bill to assist the Attorney General in establishing the
tracking system and conducting the study discussed above. The
Attorney General should consult with the Judiciary Committees
in establishing the Technology Advisory Committee. The advisory
committee shall be composed of representatives from high
technology companies capable of establishing and implementing
the system expeditiously and representatives of persons who may
use the tracking system and the on-line filing system described
above.
Section 436. Children's Affairs
This section transfers those functions relating to the care
of unaccompanied alien children that were vested by statute in
or performed by the Commissioner of the INS to the Director of
the Office of Refugee Resettlement within the Department of
Health and Human Services. These functions include care and
placement that were exercised by the INS Commissioner prior to
the effective date of the bill; coordinating and implementing
the law and policy for unaccompanied alien children who come
into Federal custody; making placement determinations for all
unaccompanied alien children in federal custody; identifying
and overseeing the infrastructure and personnel of facilities
that house unaccompanied alien children; annually publishing a
State-by-State list of professionals or other entities
qualified to provide guardian and attorney services;
maintaining statistics on unaccompanied alien children; and
reuniting unaccompanied alien children with a parent abroad,
where appropriate.
CHAPTER 3--GENERAL PROVISIONS
Section 441. Abolishment of the INS
This section abolishes the Immigration and Naturalization
Service.
Section 442. Voluntary Separation Incentive Payments
Subsection (a) defines certain terms for purposes of this
section.
Subsection (b) directs the Secretary and the Attorney
General to submit a strategic restructuring plan to the
appropriate committees of Congress showing how they would
restructure their organizations.
Subsection (c) authorizes the Attorney General and the
Secretary to make voluntary separation incentive payments to
employees subject to certain restrictions.
Subsection (d) requires the Department of Justice and the
Department of Homeland Security to remit to the Office of
Personnel Management for deposit in the Treasury funds to be
credited to the Civil Service Retirement and Disability Fund.
The amount to be remitted may be calculated by one of two
methods, and provides that those computations are to be
calculated based upon separations occurring in a particular
fiscal year.
Subsection (e) provides that any individual who receives a
voluntary separation incentive payment under this section and
accepts compensated employment with the Federal Government
within 5 years of receiving such a payment, will be required to
repay the total amount of that payment prior to starting work.
Finally, subsection (f) provides that the voluntary
separations authorized by this section are not necessarily
intended to reduce the total number of employees of the
agencies, and clarifies that a covered agency may redeploy
positions throughout the agency.
Section 443. Authority to Conduct a Demonstration Project Relating to
Disciplinary Action
This section authorizes a 5-year demonstration project
relating to disciplinary actions. It permits the Attorney
General to change policies and procedures regarding methods of
disciplining employees in order to improve personnel
management. This would ensure discipline for both employee
malfeasance and nonfeasance.
The demonstration project must encourage the use of
alternative means of dispute resolution, where appropriate, and
require expeditious, fair and independent review of
disciplinary actions. The amendment provides needed flexibility
for managing the new immigration components.
Section 444. Sense of Congress
This section expresses the sense of Congress that the
missions of the Bureau of Border Security of the Department of
Homeland Security and the BCIS are equally important and should
be adequately funded, and the functions transferred should not
operate at levels below those prior to the transfer.
Section 445. Reports and Implementation Plans
This section requires that the Attorney General and the
Secretary report to Congress on (1) the transfer of funds
between the BCIS and the Bureau of Border Security and (2) the
proposed division of personnel between the two agencies.
This section also requires that the Attorney General and
the Secretary submit to the Committees on Appropriations and
the Judiciary of both the House and Senate 120 days after the
enactment of this legislation, and every 6 months thereafter
until the end of fiscal year 2005, an implementation plan to
carry out the provisions of the legislation. This plan must
include details concerning the separation of the BCIS and the
Bureau of Border Security specified in the bill.
Finally, this section requires the Comptroller General to
report to the aforementioned committees regarding the status of
the transition, the management of the organizations, and
whether the BCIS will derive sufficient funds from fees to
carry out its functions in the absence of appropriated funds.
Section 446. Immigration Functions
This section requires the Attorney General to submit an
annual report to the President and the Committees on the
Judiciary and Government Reform of the House, and the
Committees on the Judiciary and Government Affairs of the
Senate on the impact the transfers made by this subtitle has
had on immigration functions beginning 1 year after the date of
enactment of this legislation. The sections specifies the
matter to be included in the annual report.
This section also includes a provision expressing the sense
of Congress that the quality and efficiency of immigration
services should improve after the transfer, and the Attorney
General should take steps to ensure that concerns regarding the
quality and efficiency of immigration services are addressed
after the effective date of the transfer.
Subtitle C--United States Customs Service
Section 451. Establishment; Commissioner of Customs
This section establishes within the Department of Homeland
Security the United States Customs Service that will come under
the authority of the Under Secretary of Border and
Transportation Security. The Customs Service will be headed by
a Commissioner of Customs who will be appointed by the
President and with the advice and consent of the Senate.
This section also directs the Commissioner will be
compensated at the same rate as when that position resided in
the Department of Treasury and may continue to serve as the
Commissioner of Customs in the Department of Homeland Security
until such time as a Commissioner is appointed.
Section 452. Retention of Customs Revenue Functions by Secretary of
Treasury
Subsection (a) directs the Secretary of the Treasury to
retain revenue collecting functions as directed by law and
specifies that the Secretary of Treasury may delegate any such
authority to the Secretary of Homeland Security. The Secretary
of the Treasury is also directed by this section to consult
with the Secretary of Homeland Security regarding exercising
any such authority not delegated. This section also lists the
associated laws related to Customs.
The Select Committee notes that it is not unusual for the
Customs Service to implement and enforce laws that by statute
are intended to be implemented by entirely different
departments; indeed, the Customs Service currently enforces 400
laws on behalf of 40 different agencies. The proposed changes
would continue to empower the Secretary of the Treasury to
promulgate regulations on a myriad of highly technical trade
matters, while leaving it to the new Department of Homeland
Security to implement them. In this way, the Department of the
Treasury's trade expertise and macroeconomic outlook is
retained to address technical trade matters.
Subsection (b) prohibits the Secretary of Homeland Security
from reorganizing or decreasing the funding or staffing the
Customs Service revenue functions. The functions documented in
this section include: Import Specialists, Entry Specialists,
Drawback Specialists, National Import Specialists, Fines and
Penalties Specialists, attorneys of the Office of Regulations
and Rulings, Customs Auditors, International Trade Specialists,
and Financial System Specialists. The Select Committee believes
that the revenue-oriented group established under section 451
has unique functions distinct from security functions. It is
therefore appropriate to prohibit reductions to this core group
and to preserve these critical trade functions.
Subsection (c) authorizes the Secretary of the Treasury to
appoint up to 20 new personnel to work with the personnel of
the Homeland Security Department in performing revenue
functions.
Section 453. Establishment and Implementation of Cost Accounting
System; Reports
This section requires that the Customs Service to implement
a cost accounting system in order to determine and track the
use of customer user fees by September 30, 2003. The system
will be able to identify merchandise processing fees. The
Commissioner of Customs will prepare and submit to the
Committee on Ways and Means of the House and the Committee on
Finance of the Senate quarterly reports on the progress of
implementing such a cost accounting system.
In its recommendations to the Select Committee, the
Committee on Ways and Means expressed concern regarding the
Customs Service's ability to account for funds spent by the
agency. For example, Customs officials assert that the
organization spends a certain amount of money on commercial
operations. The figure is not based upon the addition of
various commercial costs from all operations within the Customs
Service, such as the number of people who actually processed
entries of merchandise at specific ports during a set period.
Instead, the figure is based upon Customs officials' belief
that a set percentage of its work is always related to
commercial activities. That static percentage is based upon an
ad hoc survey conducted by Customs several years ago, and is no
longer available. A modern cost accounting system would allow
the Customs Service to accurately identify the amount of money
spent at specific locations and for specific revenue functions.
Therefore, the Select Committee believes that it is appropriate
to reform these procedures as the Customs Service is transfered
to the Department of Homeland Security.
The Select Committee also notes that such a system would
also provide compliance with the core financial system
requirements of the Joint Financial Management Improvement
Program (JFMIP), which is a joint and cooperative undertaking
of the U.S. Department of the Treasury, the General Accounting
Office, the Office of Management and Budget, and the Office of
Personnel Management working in cooperation with each other and
other agencies to improve financial management practices in
government. That Program has statutory authorization in the
Budget and Accounting Procedures Act of 1950 (31 U.S.C. 65).
Section 454. Preservation of Customs Funds
This section provides that Customs fees (with the exception
of the merchandise processing fee) must continue to be used for
currently authorized functions. Fee receipts may not be
transferred to any other agency or office in the Department.
Congress created import fees to help fund critical customs
activities. Fees are paid by commercial interests in return for
specific commercial services. There have long been concerns
about whether Customs can adequately account for the cost of
providing commercial services in return for the fees collected.
See the discussion in Section 414 above. It would be
inappropriate and potentially inconsistent with United States
trade obligation for importers to pay fees that subsidize non-
commercial functions of the new Department of Homeland
Security. For these reasons, the Committee believes that fees
should continue to be spent only on activities already defined
in 19 U.S.C. 58c.
Section 455. Separate Budget Request for Customs
This section directs the President to include a separate
budget request for the United States Customs Service. This
recommendation is consistent with the overall approach of the
Committee in assuring that the core revenue-collecting
components of the Customs Service are maintained. Coupled with
the cost accounting system that will record expenditures for
customs revenue services, this requirement for a separate
budget request will ensure that the Committee can continue to
oversee that revenue is properly collected and trade is
continuing appropriately.
Section 456. Payment of Duties and Fees
This section changes the merchandise entry process to
authorize monthly billing with a prohibition against deferral
of duty past a statutory deadline. This provision will
modernize the Customs Service from its antiquated entry-by-
entry billing method to a modern monthly billing system as it
moves to the Department, with established deadlines to ensure
completion.
Section 457. Definition
This section defines the term ``customs revenue function''
to include assessing and collecting all types of duties, fees,
and taxes; the processing and denial of entry of persons and
goods; enforcing quota, marking, and intellectual property
laws; collecting trade data; enforcing trade agreements;
functions of certain revenue collecting specialists; and
functions of certain revenue collecting support offices.
Section 458. GAO Report to Congress
This section provides that the Government Accounting Office
will report on all trade functions performed by the Executive
Branch within 3 months of the date of enactment of this
legislation.
Section 459. Allocation of Resources by the Secretary
This section requires the Secretary to maintain the same
level of customs revenue service as before the organization was
transferred to the Homeland Security Department. The Secretary
is required to notify Congress if any decrement to changes or
services occur.
Section 460. Reports to Congress
This section directs the Secretary to maintain the same
reporting requirements to Congress.
Section 461. Customs User Fees
This section modifies section 13031(f) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)) to
create a separate Treasury account known as the Customs
Commercial and Homeland Security Automation Account. In each
fiscal year from 2003 through 2005, $350 million will be
deposited into the account to develop and implement an
Automated Commercial Environmental computer system to process
the merchandise that is imported and released into the United
States. After 2006 the Secretary of Treasury may adjust fees.
title v--emergency preparedness and response
Section 501. Under Secretary for Emergency Preparedness and Response
This section specifies primary responsibilities of the
Under Secretary of Emergency Preparedness and Response. These
include: helping to ensure the preparedness of emergency
response providers for terrorist attacks, major disasters, and
other emergencies; establishing standards, conducting exercises
and training, evaluating performance, and providing funds in
relation to the Nuclear Incident Response Team; providing the
Federal government's response to terrorist attacks and major
disasters; aiding the recovery from terrorist attacks and major
disasters; working with other Federal and non-Federal agencies
to build a comprehensive national incident management system;
consolidating existing Federal government emergency response
plans into a single, coordinated national response plan; and
developing comprehensive programs for developing interoperable
communications technology and ensuring that emergency response
providers acquire such technology. The responsibility of
providing the Federal government's response to terrorist
attacks and major disasters includes a number of specific
functions including: coordinating the overall response,
directing the Domestic Emergency Support Team, the Strategic
National Stockpile, the National Disaster Medical System, and
the Nuclear Incident Response Team, overseeing the Metropolitan
Medical Response System and coordinating other Federal response
resources.
The Select Committee emphasizes that the Under Secretary is
still required to perform all non-homeland security functions
transferred to the Department.
Section 502. Functions Transferred
This section identifies agencies and functions relevant to
emergency preparedness and response that are to be transferred
to the Department of Homeland Security. These include: the
Federal Emergency Management Agency, except for the Office of
National Preparedness which reports to the Deputy Secretary for
Border and Transportation Security; the Office of Emergency
Preparedness, the National Disaster Medical System, and the
Metropolitan Medical Response System of the Department of
Health and Human Services; and the Strategic National Stockpile
of the Department of Health and Human Services.
The Integrated Hazard Information System (not including
personnel) of the Department of Defense to the Department of
Homeland Security so that the latter would have a near real-
time capability to detect wild fires in North America.
Section 503. Nuclear Incident Response
This section authorizes the Secretary, in connection with
an actual or threatened terrorist attack, major disaster, or
other emergency, to call certain elements of the Department of
Energy and the Environmental Protection Agency into service as
an organizational unit of the Department of Homeland Security.
While so operating, these elements would be subject to the
direction, authority, and control of the Secretary of Homeland
Security. This grant of authority to the Secretary would not
limit the ordinary responsibility of the Secretary of Energy
and the Administrator of the Environmental Protection Agency
for organizing, training, equipping, and using the elements
from their respective agencies, or from exercising ordinary
direction, authority, and control over these elements. Current
Department of Energy contracts that may contain an
indemnification provision for elements of the Nuclear Incident
Response Team will remain in effect for the duration of the
contract whether the Team is operating under the direction of
the Secretary of Energy or the Secretary of Homeland Security.
In adopting this section, the Select Committee does not
intend to disrupt the traditional response functions of these
DOE and EPA teams. Except as specifically directed by the
Secretary of Homeland Security in connection with an actual or
threatened terrorist attack, major disaster, or other
emergency, the Administrator of the EPA and the Secretary of
Energy will continue to exercise control of their respective
entities in the Nuclear Incident Response Team for responding
to emergencies and other incidents. For example, the
radiological and emergency response team at EPA has previously
responded to emergencies at Hanford Nuclear Reservation in
Washington, and Los Alamos, New Mexico. Similarly, DOE's
radiological assistance teams often deploy at the request of
State or local officials to investigate potential radiation
exposures or contamination events. The Select Committee intends
that DOE and EPA to continue to exercise their responsibilities
to respond to these kinds of events as in the past, without the
need for direction by the Secretary of Homeland Security.
Section 504. Definition
This section defines the term ``Nuclear Incident Response
Team'' for the purpose of this title to mean those entities in
the Department of Energy and the Environmental Protection
Agency that could be called into service as a unit of the
Department of Homeland Security.
Section 505. Conduct of Certain Public-Health Related Activities
This section provides that, with respect to all public
health-related activities to improve State, local, and hospital
preparedness and response to chemical, biological, radiological
and other emerging terrorist threats carried out by the
Department of Health and Human Services, the Secretary of
Health and Human Services will set priorities and preparedness
goals and further develop a coordinated strategy for such
activities in collaboration with the Secretary of Homeland
Security. Subsection (b) further provides for the collaborative
development of specific benchmarks and outcome measurements for
evaluating progress toward the relevant priorities and goals.
The Select Committee believes, however, that the Secretary
of Health and Human Services must maintain the primary role in
public health preparedness. This section leaves all operational
and implementation responsibilities for such activities with
the Secretary of Health and Human Services. All relevant legal
authorities and functions under the Public Health Service Act
and any other Act administered by the Secretary of Health and
Human Services remain with that Secretary. This would include,
among other items, the authority to declare public health
emergencies and issue grants and contracts.
title vi--management
Section 601. Under Secretary for Management
This section specifies primary responsibilities of the
Under Secretary for Management. These include: budget and
fiscal matters; procurement; human resources and personnel;
information technology and communications systems; facilities,
property, equipment, and other material resources; security for
personnel, information technology and communications systems
and material resources; identification and tracking of
performance measures; grants and other assistance management
programs; the transition and reorganization process including
development of a transition plan; the conduct of internal
audits and management analysis; and other management duties
that may be assigned by the Secretary.
The Under Secretary for Management is also responsible for
maintenance of all immigration statistics. Accordingly, the
following agencies and functions are transferred to the Under
Secretary for Management: all functions performed by the
Statistics Branch of the Office of Policy Planning of the
Immigration and Naturalization Service with respect to the
following programs: The Border Patrol program, the detention
and removal program, the intelligence program, the
investigations program, and the inspections program.
Section 602. Chief Financial Officer
This section establishes the position of the Chief
Financial Officer who will report to the Secretary or another
departmental official as directed by the Secretary.
Section 603. Chief Information Officer
This section establishes the position of the Chief
Information Officer who will report to the Secretary or another
departmental official as directed by the Secretary.
Section 604. Establishment of an Office for Civil Rights and Civil
Liberties
The Select Committee believes that protecting the privacy
rights of United States citizens requires additional protection
and oversight to encourage the Department of Homeland Security
to maintain and practice the highest standards in protecting
Constitutional liberties. Accordingly, this section establishes
an Office for Civil Rights and Civil Liberties. The Director of
the Office will review and assess information alleging civil
rights, civil liberty and racial and ethnic profiling
violations by employees and offices of the Department. The
Director will also report to Congress on a semi-annual basis
any allegations of abuses and corrective actions taken by the
Department.
title vii--miscellaneous
Subtitle A--Inspector General
Section 701. Authority of the Secretary
This section places the Inspector General of the Department
of Homeland Security under the authority of the Secretary with
respect to audits or investigations, or issuance of subpoenas
that require access to sensitive information concerning
intelligence, counterintelligence, or counterterrorism matters;
ongoing criminal investigations or proceedings; undercover
operations; identity of confidential sources, including
protected witnesses; other matters, the disclosure of which
would, in the Secretary's judgment, threaten the protection of
any person or property authorized protection by section 3056 of
title XVIII, section 202 of title III, or any provision of the
Protection Assistance Act of 1976; or other matters, the
disclosure of which would, in the Secretary's judgment,
threaten national security. This authority is similar to that
given the heads of other departments which routinely handle
sensitive information, such as the Departments of Defense,
Justice, Treasury, and the Central Intelligence Agency.
This section also provides the Secretary may also prohibit
the Inspector General from carrying out or completing any
audit, investigation, or subpoena issuance initiated by the
Inspector General if the Secretary determines that the
prohibition is necessary to prevent the disclosure of any
information described in subsection (a), to preserve the
national security, or prevent impairment to U.S. interests. If
the Secretary exercises any power under this section, he must
notify the Inspector General in writing, stating his reasons.
Within 30 days after receipt of that notice, the Inspector
General must transmit a copy of the notice and his written
response stating whether the Inspector General agrees or
disagrees with the Secretary's action, and the reasons for any
disagreement to Congress. Additionally, the right of Congress
to access any information is not limited by the Secretary's
authority under this section.
Section 701 further provides oversight responsibility by
the Inspector General for investigations performed by the U.S.
Customs Service Office of Internal Affairs, and the Secret
Service Office of Inspections.
Subtitle B--United States Secret Service
Section 711. Secret Service Transferred
This section transfers the functions, personnel, assets,
and obligations of the Secret Service to the Secretary, to be
maintained as a distinct entity within the Department. This
includes the functions of the Secretary of the Treasury related
thereto.
Subtitle C--Critical Infrastructure Information
Section 721. Short Title
This section provides the short title of this subtitle, the
``Critical Infrastructure Information Act of 2002.''
Section 722. Definitions
This defines the terms used in this subtitle.
Section 723. Designation of Critical Infrastructure Protection Program
This section provides that only the President or the
Secretary of Homeland Security may designate a critical
infrastructure protection program.
Section 724. Protection of voluntarily shared critical infrastructure
information
This section exempts from disclosure under the Freedom of
Information Act certain critical infrastructure information
that is voluntarily submitted to a covered Federal agency
regarding the security of critical infrastructure and protected
systems when accompanied by a written statement identifying the
material as critical infrastructure information.
This section provides that covered information will not be
subject to agency rules or judicial doctrine regarding ex-parte
communications, nor used directly in civil actions if that
information is submitted in good faith. Further, this critical
infrastructure information will not be used or disclosed by any
Federal employee except to further criminal investigation or
prosecution or to disclose the information to Congress or the
General Accounting Office.
If the critical infrastructure information under this
provision is provided to a State or local government, it may
not be made available pursuant to any State or local law
requiring disclosure of information or records; otherwise be
disclosed by a State or local government without written
consent of the entity submitting the information; or be used
other than to protect critical infrastructure, or to further
criminal investigation or prosecution.
Disclosure of information under this section does not
constitute waiver of legal privilege or protection, such as
trade secret protection. Communications of critical
infrastructure information under this subtitle are not subject
to the requirements of the Federal Advisory Committee Act.
Nothing in this section limitsthe ability of Federal,
State, or local government entities, or any third party, to
obtain critical infrastructure information in a manner not
covered by subsection (a) of this section.
Voluntary submittal of information protected from
disclosure by this subtitle does not constitute compliance with
any requirement to submit such information to a Federal agency
under other law. The Secretary of Homeland Security is to
consult with the National Security Council and the Office of
Science and Technology Policy to establish uniform procedures
for the receipt, care, and storage by Federal agencies of
critical infrastructure information voluntarily submitted to
the government. Unauthorized disclosures of critical
infrastructure information by any U.S. employee may be punished
by fines, imprisonment up to one year, and removal from
employment.
This section also provides the Federal Government with
authority to advise, alert, and warn relevant companies,
targeted sectors, other governmental entities, or the general
public regarding threats to critical infrastructure. In issuing
a warning, the Federal Government must protect from disclosure
the source of any voluntarily submitted critical infrastructure
information that forms the basis for the warning, or
information that is proprietary, business sensitive, or
otherwise not appropriately in the public domain.
Section 725. No Private Right of Action
This section clarifies that this subtitle creates no
private right of action to enforce any provision of this
subtitle.
The Select Committee intends that subtitle C only protect
private, security-related information that is voluntarily
shared with the government in order to assist in increasing
homeland security. This subtitle does not protect information
required under any health, safety, or environmental law.
Subtitle D--Acquisitions
Section 731. Research and Development Projects
This section gives the Secretary the authority to carry out
a pilot program with streamlined procedures for the acquisition
of goods and services that the Secretary determines are
essential to the Department's mission of fighting terror. It
would provide the Secretary with enhanced, but specifically
defined, flexibilities while maintaining adequate safeguards.
The provisions are based on procedures that are currently part
of the Government's acquisition system such as micro purchases,
simplified acquisition procedures, and special simplified
commercial item acquisitions. The procedures are in the current
version of part 13 of the government-wide Federal Acquisition
Regulation. The Department is to use current government-wide
authorities for its ``normal'' procurements.
Section 732. Personal Services
The Secretary may hire, on a temporary or intermittent
basis, the services of experts or consultants in accordance
with section 3109 of title 5, United States Code. In the case
of an urgent homeland security need, the Secretary may procure
such services (not to exceed one year) without regard to the
pay limitations in section 3109 of title 5.
Section. 733. Special Streamlined Acquisition Authority
Subsection (a) expands the coverage of these streamlined
procedures only after the Secretary for Homeland Security or a
Senate confirmed official of the Department determines in
writing that pursuant to that the terror-fighting mission of
the new Department would be seriously impaired without the use
of the streamlined procedures. The Secretary would further have
to notify the House Government Reform and Senate Governmental
Affairs Committees of the determination.
Subsection (b) raises the current $2,500 ``micro purchase''
threshold for the use of government credit cards to $5,000 for
a limited number of government employees to help fight terror.
The Department would be required to carefully monitor the use
of these special cards.
Subsection (c) raises the current $100,000 simplified
acquisition threshold, for procurements to fight terror, to
$175,000. These simplified procedures would allow officials of
the new Homeland Security Department greater discretion in
selecting the most advantageous offer and do away with
arbitrary ``notice and wait'' periods.
Subsection (d) permits the application of current
streamlined commercial acquisition procedures and statutory
waivers applicable to commercial items to non-commercial goods
and services to help fight terror. In addition, the $5 million
ceiling on the use of streamlined commercial procedures would
be raised to $7.5 million for the purchase of these goods and
services. The streamlined commercial acquisition procedures
that were created under the Clinger-Cohen Act of 1996 would be
applied to purchases of all items used to fight terror. In
order to attract cutting edge firms to join the government
market under this authority government-unique certification and
audit provisions would be waived. Adequate safeguards would be
maintained by restrictions against the use of sole-source
contracts and a requirement that maximum practicable
competition be obtained.
Subsection (e) requires the Comptroller General to submit a
detailed report on the use of the authorities provided in this
section to the Committee on Governmental Affairs of the Senate
and the Committee on Government Reform of the House of
Representatives not later than 180 days after the end of fiscal
year 2005.
Section 734. Procurements from Small Business
This section establishes in the Department an Office of
Small and Disadvantaged Business Utilization. This office will
be managed in the manner described in the Small Business Act
(15 U.S.C. 644(k)).
Subtitle E--Property
Section 741. Department Headquarters
This section requires the Administrator of General Services
to construct a public building to serve as headquarters for the
Department. The project would be subject to the requirements of
the Public Buildings Act of 1959.
Site selection is to give preference to land parcels that
are Federally owned. The Administrator is to make the
headquarters facility and other Government-owned or leased
facilities available to the Secretary pursuant to section 210
of the Federal Property and Administrative Services Act of
1949. This section authorizes appropriations to the Secretary
such amount as may be necessary to pay the annual charges for
General Services Administration furnished space and services.
Subtitle F--Support Anti-terrorism by Fostering Effective Technologies
Act of 2002 (the SAFETY Act)
The Select Committee believes that technological innovation
is the Nation's front-line defense against the terrorist
threat. Unfortunately, the Nation's products liability system
threatens to keep important new technologies from the market
where they could protect our citizens. In order to ensure that
these important technologies are available, the Select
Committee believes that it is important to adopt a narrow set
of liability protections for manufacturers of these important
technologies.
Section 751. Short Title
This section provides the short title of this subtitle, the
``Support Anti-terrorism by Fostering Effective Technology Act
of 2002'' or the ``SAFETY Act''.
Section 752. Administration
Subsection (a) provides that the Secretary will be
responsible for the administration of this provision.
Subsection (b) provides that the Secretary may designate
anti-terrorism technologies that qualify for protection under
the system of risk management set forth in this provision in
accordance with criteria that must include, but not be limited
to, the following: (1) prior and extensive United States
government use and demonstrated substantial utility and
effectiveness; (2) availability of the technology for immediate
deployment in public and private settings; (3) existence of
extraordinarily large or extraordinarily unquantifiable
potential third party liability risk exposure to the seller or
other provider of such anti-terrorism technology; (4)
substantial likelihood that such anti-terrorism technology will
not be deployed unless protections under the system of risk
management provided under this Act are extended; (5) magnitude
of risk exposure to the public if such anti-terrorism
technology is not deployed. (6) evaluation of all scientific
studies that can be feasibly conducted in order to assess the
capability of the technology to substantially reduce risks of
harm.
Subsection (c) provides that the Secretary may issue such
regulations, after notice and comment in accordance with
section 553 of title 5, United States, Code, as may be
necessary to carry out this provision.
Section 753. Litigation Management
Subsection (a)(1) provides that there a Federal cause of
action will exist for claims arising out of, relating to, or
resulting from an act of terrorism when qualified anti-
terrorism technologies have been deployed in defense against
such act and such claims result or may result in loss to any
person or entity that sells or otherwise provides a qualified
anti-terrorism technology to non-Federal government customers
(the Seller). The substantive law for decision in any such
action shall be derived from the law, including choice of law
principles, of the State in which such acts of terrorism
occurred, unless such law is inconsistent with or preempted by
Federal law.
Subsection (a)(2) provides that such appropriate district
court of the United States will have original and exclusive
jurisdiction over all actions for any claim for loss of
property, personal injury, or death arising out of, relating
to, or resulting from an act of terrorism when qualified anti-
terrorism technologies have been deployed in defense against
such act and such claims result or may result in loss to the
Seller.
Subsection (b) provides that in an action brought under
this section for damages: (1) no punitive damages intended to
punish or deter, exemplary damages, or other damages not
intended to compensate a plaintiff for actual losses may be
awarded, nor shall any party be liable for interest prior to
the judgment; and (2) noneconomic damages may be awarded
against a defendant only in an amount directly proportional to
the percentage of responsibility of such defendant for the harm
to the plaintiff, and no plaintiff may recover noneconomic
damages unless the plaintiff suffered physical harm.
``Noneconomic damages'' means damages for losses for physical
and emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment of
life, loss of society and companionship, loss of consortium,
hedonic damages, injury to reputation, and any other
nonpecuniary losses.
Subsection (c) provides that any recovery by a plaintiff in
an action under this subsection shall be reduced by the amount
of collateral source compensation, if any, that the plaintiff
has received or is entitled to receive as a result of such acts
of terrorism that result or may result in loss to the Seller.
Subsection (d)(1) provides that, should a product liability
lawsuit be filed for claims arising out of, relating to, or
resulting from an act of terrorism when qualified anti-
terrorism technologies approved by the Secretary, as provided
in (2) and (3) of this section (e), have been deployed in
defense against such act and such claims result or may result
in loss to the Seller, there will be a rebuttable presumption
that the government contractor defense applies in such lawsuit.
This presumption will only be overcome by evidence showing that
the Seller acted fraudulently or with willful misconduct in
submitting information to the Secretary during the course of
the Secretary's consideration of such technology under this
subsection (e). This presumption of the government contractor
defense will apply regardless of whether the claim against the
Seller arises from a sale of the product to Federal government
or non-federal government customers.
Subsection (d)(2) provides that the Secretary will be
exclusively responsible for the review and approval of anti-
terrorism technology for purposes of establishing a government
contractor defense in any product liability lawsuit for claims
arising out of, relating to, or resulting from an act of
terrorism when qualified anti-terrorism technologies approved
by the Secretary, as provided in (2) and (3) of this section
(e), have been deployed in defense against such act and such
claims result or may result in loss to the Seller. Upon
Seller's submission to the Secretary for approval of anti-
terrorism technology, the Secretary will conduct a
comprehensive review of the design of such technology and
determine whether it will perform as intended, conforms to the
Seller's specifications, and is safe for use as intended. The
Seller will conduct safety and hazard analyses on such
technology and will supply the Secretary with all such
information.
Subsection (d)(3) provides that for those products reviewed
and approved by the Secretary, the Secretary will issue a
certificate of conformance to the Seller and place the product
on an Approved Product List for Homeland Security.
Subsection (e) provides that nothing in this section shall
in any way limit the ability of any person to seek any form of
recovery from any person, government, or other entity that (1)
attempts to commit, knowingly participates in, aids and abets,
or commits any act of terrorism, or any criminal act related to
or resulting from such act of terrorism; or (2) participates in
a conspiracy to commit any such act of terrorism or any such
criminal act.
Section 754. Risk Management
Subsection (a)(1) provides that any Seller must obtain
liability insurance of such types and in such amounts as
required in accordance with this section to satisfy otherwise
compensable third party claims arising out of, relating to, or
resulting from an act of terrorism when qualified anti-
terrorism technologies have been deployed in defense against
such act.
Subsection (a)(2) provides that for the total claims
related to one such act of terrorism, the Seller is not
required to obtain liability insurance of more than the maximum
amount of liability insurance reasonably available from private
sources on the world market at prices and terms that will not
unreasonably distort the sales price of Seller's anti-terrorism
technologies.
Subsection (a)(3) provides that liability insurance
obtained pursuant to this subsection (a) shall, in addition to
the Seller, protect the following, to the extent of their
potential liability for involvement in the manufacture,
qualification, sale, use or operation of qualified anti-
terrorism technologies deployed in defense against an act of
terrorism: contractors, subcontractors, suppliers, vendors and
customers of the Seller; and contractors, subcontractors,
suppliers and vendors of the customer.
Subsection (a)(4) provides that such liability insurance
under this section shall provide coverage against third party
claims arising out of, relating to, or resulting from the sale
or use of anti-terrorism technologies.
Subsection (b) provides that the Seller must enter into a
reciprocal waiver of claims with its contractors,
subcontractors, suppliers, vendors and customers, and
contractors and subcontractors of the customers, involved in
the manufacture, sale, use or operation of qualified anti-
terrorism technologies, under which each party to the waiver
agrees to be responsible for losses, including business
interruption losses, that it sustains, or for losses sustained
by its own employees resulting from an activity resulting from
an act of terrorism when qualified anti-terrorism technologies
have been deployed in defense against such act.
Subsection (c) provides that, notwithstanding any other
provision of law, liability for all claims against a Seller
arising out of, relating to, or resulting from an act of
terrorism when qualified anti-terrorism technologies have been
deployed in defense against such act and such claims result or
may result in loss to the Seller, whether for compensatory or
punitive damages or for contribution or indemnity, shall not be
in an amount greater than the limits of liability insurance
coverage required to be maintained by the Seller under this
section.
Section 755. Definitions
This section defines terms used in this subtitle.
Subtitle G--Other Provisions
Section 761. Establishment of Human Resources Management System
Section 761 adds a new ``Chapter 97--Department of Homeland
Security'' to subpart I of part III of title 5, United States
Code.
This new chapter authorizes the Secretary of Homeland
Security, in regulations prescribed jointly with the Director
of the Office of Personnel Management, to establish and, from
time to time, adjust a human resource management system for
some or all organizational units of the Department of Homeland
Security. The section requires that any human resource
management system established pursuant to this section be
flexible, contemporary, and not waive, modify, or otherwise
affect the public employment principles of merit and fitness
set out in section 2301 of title 5 of the United States Code,
including the principles of hiring based upon merit, fair
treatment without regard to political affiliation or other non-
merit considerations, equal pay for equal work, and protection
of employees against reprisal for whistleblowing.
This section also ensures that employees of the Department
will be protected by law against the prohibited personnel
practices set out section 2302 of title 5 of the United States
Code by explicitly providing that any human resource management
system developed under this section may not permit any employee
of the Department who is engaged in any personnel action to
discriminate on the basis of race, color, religion, sex, or
national origin, age, handicapping condition, marital status,
or political affiliation.
This section also prohibits certain other practices, by
incorporating them by reference. They include: soliciting or
considering any recommendation or statement with respect to any
individual under consideration for any personnel action unless
that statement is based on the personal knowledge or records of
the person making the statement and it consists of performance
ability aptitude or qualifications of such individual or an
evaluation of the character, loyalty, or suitability of such
individual; coercion of political activity of any person or
taking any reprisal for refusal to engage in political
activity; deceiving or obstructing any person's right to
compete for employment, or influencing any person to withdraw
from competition for any position for the purpose of improving
the chances of another.
Section 9701(b)(4) of the amendment ensures that employees
may organize, bargain collectively, and participate through
labor organizations of their own choosing in decisions which
affect them. The latter provision is subject to any exclusion
from coverage or limitation on negotiability established by
law. In addition, this subsection permits the Secretary,
through regulations promulgated jointly with the Director of
the Office of Personnel Management, to exclude certain
employees from the Federal Labor Management Relations Act if
such employees are engaged in intelligence,
counterintellligence, investigative, or security work which
directly affects national security. This provision, in effect,
grants the Secretary authority to exclude from coverage
individual employees within the Department, in addition to the
President's existing authority to exclude entire agencies or
subdivisions.
The following chapters of title 5 are eligible for
adjustment during the Department's process of developing a
human resource system under the chapter added by this section:
chapter 43, Performance Appraisal; chapter 51, Classification;
chapter 53, Pay Rates and Systems; chapter 71, Labor Management
Relations (except as to employee rights to organize,
collectively bargain and participate in union organizations as
set out above); chapter 75, Adverse Actions; and chapter 77,
Appeals.
Section 761 also places limitations on the authority of the
Department to modify the pay of Executive Level and other
highly compensated employees beyond certain limits referenced
in subsection (d) of the new section 9701 of title 5.
Authority to develop new regulations to carry out the
flexible human resource management system development
activities authorized by this section ceases to be available 5
year after the date of enactment of this section. Regulations
in effect prior to the end of 5 years after enactment would
remain in force, pending further change in law.
It is the intention of the Select Committee that all
interested stakeholders have the opportunity to collaborate in
the development of the human resource management systems
provided for in this section.
Section 762. Advisory Committees
This section authorizes the Secretary to establish,
appoint, and use the services of advisory committees. The
section gives the Secretary authority to exempt these advisory
committees from the Federal Advisory Committee Act (Public Law
92-463), but the Secretary must announce the establishment of
such a committee in the Federal Register, identifying its
purpose and membership. Special government employees (within
the meaning of 18 U.S.C. 202) serving on such exempt committees
are eligible for certification under 18 U.S.C. 208(b)(3).
Section 763. Reorganization; Transfer of Appropriations
This section authorizes the Secretary to allocate or
reallocate functions among the Department officers and to
establish, consolidate, alter, or discontinue organizational
units with the Department pursuant to the reorganization plan
provided for in section 802 or 60 days after providing notice
to the appropriate Congressional Committees. Such notice must
include an explanation of the rationale for the action.
Subsection (b) of this section authorizes the Secretary to
transfer not more than 2 percent of any appropriation available
to the Secretary between such appropriations. Before any such
transfer is made not less than 15 days notice must be given to
the Committees on Appropriations of the House and Senate. This
transfer authority expires 2 years after enactment.
Any reorganization pursuant to a reorganization plan as
provided in section 802 may not include the abolition of any
agency or function required to be maintained as a separate
entity or function by this legislation, and any reorganization
pursuant to a notice to Congress 60 days in advance of the
reorganization may not include the abolition of any agency or
function required to be maintained as a separate entity or
function by statute.
Section 764. Miscellaneous Authorities
Subsection (a) provides that the Department will have a
seal, whose design is subject to Presidential approval.
Subsection (b) gives the Secretary the same authorities
that the Attorney General has with respect to the Department of
Justice with regard to gifts, devises, and bequests.
Subsection (c) gives the Secretary the same authorities
that the Secretary of Transportation has with respect to the
Department of Transportation with regard to participation of
members of the Armed Forces.
Subsection (d) provides that any function delegated under
this legislation may be redelegated to a subordinate.
Section 765. Military Activities
This section clarifies that nothing in this bill confers
authority upon the Secretary to engage in war-fighting,
military defense of the United States, or other military
activities. This section further clarifies that nothing in this
bill limits the authority of the Defense Department or the
Armed Forces to engage in war-fighting, military defense of the
United States or other military activities.
Section 766. Regulatory Authority
This section provides a rule of construction regarding the
transfers of authority made by the legislation. Importantly,
this rule of construction ensures that, with respect to
regulatory authority, this legislation does not establish that
authority for the Secretary, except to the extent that a
function transfered to the Secretary pursuant to this bill
includes that regulatory authority. This section also ensures
that the legislation does not alter or diminish the regulatory
authority of any other executive agency, except to the extent
that this legislation transfers that authority from the agency.
This section also clarifies that regulatory authority
transferred to the Secretary exclusively resides with the
Secretary, and the agency from which the authority was
transferred can no longer exercise that authority.
Section 767. Provisions Regarding Transfers from Department of Energy
Section 767 provides the Secretary of Homeland Security may
establish a primary center for carrying out the RDT&E
activities of the Department of Homeland Security at a national
laboratory of the National Nuclear Security Administration.
This subsection would also provide for the establishment of
secondary centers at one or more national laboratories of the
Department of Energy. While the Select Committee does not
specify which laboratory will serve as this center, the
committee understands that the Administration initially
proposed Lawrence Livermore National Laboratory as the
preferred site for this activity. Secondary centers would be
established at the discretion of the Secretary of Homeland
Security with the concurrence of the Secretary of Energy. It is
the intent of the Select Committee to give the Secretary of
Homeland Security and the Secretary of Energy the flexibility
to organize and consolidate facilities and assets in a manner
that is advantageous to the execution of their respective
missions, consistent with the transfer of functions described
in this Act. The committee expects this consolidation to occur
within the existing infrastructure of the national
laboratories, and for nothing in this section to be construed
as authorization for new construction.
This section clarifies how the transfers of authority from
the Department of Energy (DOE) to the Department of Homeland
Security will occur with respect to the activities being
carried out for DOE by its national laboratories. In these
circumstances, the two Secretaries will ensure that the
contracts between the DHS and the operators of the national
laboratories are separate from the general management contracts
between DOE and the operators of the national laboratories.
Given that the national laboratories performing work for the
Department of Homeland Security may continue to utilize DOE
facilities, this section further provides that the new
Department will reimburse DOE for costs relating to those
activities. However, the DHS will not be required to pay
administrative or personnel costs of DOE or its contractors in
excess of the amount that the Secretary of Energy normally pays
for an activity carried out by that contractor. Through this
provision, the Select Committee intends to permit direct
tasking of the national laboratories by the DHS with respect to
those transferred activities.
The Select Committee wishes to convey special intent with
the choice of the word ``center''. The Select Committee
believes that there is great value for the Department of
Homeland Security in establishing and physically consolidating,
within the national laboratories, a critical mass of talent and
technology whose primary focus and application is homeland
security. At the same time, the committee recognizes that, due
to the unique nature of some facilities, it will not be
possible in all cases to achieve such a consolidation.
The Select Committee believes homeland security programs
should be executed under separate contracts with the Department
of Homeland Security. The Select Committee believes that
separate contracts will ensure proper focus on the Secretary of
Homeland Security's unique priorities and expects the
Department of Homeland Security to take advantage of the unique
opportunity to stand up a new organizational structure and
establish a streamlined process for managing these contracts,
with clearly defined responsibilities and accountability. A
small headquarters organization can focus on policy, budgeting,
technical objectives, and strategic planning for research and
development, with responsibility for day-to-day oversight of
contract activities delegated to site offices. The committee
sees no need for intermediate levels of federal management; nor
does it see a need for the Department of Homeland Security to
generate detailed guidance for its contractors on how to
conduct RDT&E activities.
The Select Committee recognizes that certain activities the
Department of Homeland Security may wish to conduct at a
Department of Energy national laboratory might be of limited
scope or duration. In such cases, it may be more advantageous
for the Department of Homeland Security to conduct those
activities on a reimbursable ``work-for-others'' basis, rather
than through a separate contract. In such a circumstance,
subsection 305(c) would waive the Department of Energy ``added
factor'' for pass through of funds from the Department of
Homeland Security to the national laboratory. It would further
stipulate that personnel costs charged to the program for
laboratory contractors could not exceed those that the
Secretary of Energy authorizes for Department of Energy
programs at that same laboratory. In other words, this
subsection would prevent higher personnel costs or pass through
charges, as is common practice, for future work performed by
the Department of Energy for the Department of Homeland
Security on a work-for-others basis.
The Select Committee understands the value of laboratory-
directed research and development, but believes that funds
should be expended for the purpose for which they are
authorized and appropriated by Congress. Section 307 would
require that any laboratory-directed research and development
projects undertaken at a national laboratory of the Department
of Energy, with funds derived from the Department of Homeland
Security, shall support the mission of the Department of
Homeland Security. This section would prevent the use of
Department of Homeland Security funds for self-directed
research that is not relevant to homeland security.
This section would also require the Secretary of Energy to
coordinate with the Secretary of Homeland Security to ensure
that homeland security-related RDT&E activities undertaken by
the Department of Energy are not duplicative of Department of
Homeland Security efforts. Specifically, the committee cautions
the Department of Energy against requesting funds in future
budget submissions for functions that have been assumed by the
Department of Homeland Security.
Section 768. Counternarcotics Officer
This section requires the Secretary to appoint a senior
Department official to assume primary responsibility for
coordinating policy and operations within the Department and
with other Federal Departments and agencies with respect to
illegal drug interdiction, and tracking and severing
connections between illegal drug trafficking and terrorism.
Section 769. Office of International Affairs
This section establishes an Office of International Affairs
headed by a director appointed by the Secretary. The office is
established within the Office of Secretary. The Director's
duties are to promote information and education exchange with
nations friendly to the United States to promote sharing of
best practices and technologies relating to homeland security,
including joint research and development on countermeasures,
joint training of first responders, and expertise exchange on
terrorism prevention, response, and crisis management. The
Director's duties under this section also include identifying
areas for homeland security information and training exchange
where the United States has a demonstrated weakness and another
friendly nation or nations have demonstrated expertise;
planning and undertaking international conferences, exchange
programs, and training activities; and managing international
activities within the Department in coordination with other
Federal officials responsible for counter-terrorism.
Section 770. Prohibition of the Terrorism Information and Prevention
System
This section prohibits all Federal activities to implement
the proposed component program of the Citizen Corps known as
Operation TIPS (Terrorism Information and Prevention System).
This program was designed to recruit private citizens to report
``suspicious'' activities of other individuals so that these
reports could be gathered and recorded in a centralized
database.
Section 771. Review of Pay and Benefit Plans
This section requires the Secretary, with the Director of
the Office of Personnel Management, to review the pay and
benefit plans of each agency transferred to the Department of
Homeland Security and, within 90 days of enactment, to submit a
plan to Congress to eliminate disparities in pay and benefits
throughout the Department, especially among law enforcement
personnel. This plan must be consistent with the merit system
principles at 5 U.S.C. 2301.
Section 772. Role of the District of Columbia
This section requires the Secretary to cooperate with the
District of Columbia government to integrate the District into
the planning, coordination, and execution of Federal government
activities for the enhancement of domestic preparedness against
the consequences of terrorists attacks.
Section 773. Transfer of the Federal Law Enforcement Training Center
This section transfers the Federal Law Enforcement Training
Center (FLETC) to the Department of Justice from the Department
of the Treasury. The FLETC was established in 1970 to provide
an interagency law enforcement training program to train
Federal, State, local, and foreign law enforcement entities.
FLETC's transfer to the Department of Justice assures a greater
level of consistency and coordination of Federal law
enforcement training procedures under the direction of the
Nation's chief law enforcement officer, the Attorney General.
title viii--transition
Subtitle A--Reorganization Plan
Section 801. Definitions
This section defines the terms ``agency'' and ``transition
period''.
Section 802. Reorganization Plan
This section directs the President to submit to the
appropriate congressional committees a reorganization plan not
later than 60 days after enactment of this bill. The intent of
this section is to ensure Congress has adequate opportunity to
insure that the transfer of agencies and functions is being
carried out consistent with the intent of this legislation.
This section also directs the plan to include the transfer of
agencies, personnel, assets and obligations to the Department
and any consolidation, reorganization, or streamlining of
organizations transferred to the Department.
Plan elements, as specified by this section, include:
identification of any functions of agencies transferred to the
Department as this bill directs that will not be transferred to
the Department; specific steps taken by the Secretary to
organize the Department, including delegation or assignment of
functions to officers of the Department; the amount of funds
that will be transferred to the Department; the amount of the
proposed allocations within the Department of unexpended funds
transferred in connection with transfers to the Department, the
proposed disposition of property, facilities, contracts,
records and other assets and obligations of agencies
transferred under the plan; the proposed allocations within the
Department of the functions of the organizations that are not
related directly to securing the homeland.
This section also allows the President, after consultation
with appropriate Congressional Committees, to modify or revise
any part of the plan until that portion of the plan becomes
effective. The reorganization plan becomes effective for an
agency on the date specified in the plan (but not earlier than
90 days after the President submits the plan to Congress) or
the end of the transition plan. This section does not require
transfers to occur on a single date.
Subtitle B--Transitional Provisions
Section 811. Transitional Authorities
This section directs officials having authority over
agencies or functions that will transfer to the Department of
Homeland Security to assist the Secretary during the transition
and integration periods including the use of personnel and
assets the Secretary may request. This section also permits the
head of any executive agency, at the request of the Secretary
of Homeland Security, on a reimbursable basis, to provide
services or detail personnel to assist with the transition.
This bill also directs the President to transfer to the
Secretary funds for two purposes. The President is authorized
to transfer no more than two percent of the unobligated balance
of any appropriation for an agency enacted prior to October 1,
2002 for administrative expenses related to establishing the
Department until the agency transfers to the Department. The
President is also authorized to transfer funds for the purposes
for which they were appropriated, not to exceed three percent
of the unobligated balance of any appropriation available to
that agency. The Committees on Appropriations of the House and
the Senate will be notified not less than 15 days before any
such funds are transferred.
This section also allows the President to designate
incumbents in organizations being transferred who are currently
in advice and consent positions, to act in the same capacity
during the transition period, until the position is filled as
provided for in this legislation. These officials will be
compensated at the higher of the rates provided in this bill or
for the offices held at the time of designation.
All personnel, assets, and obligations of a designated
agency will transfer to the Secretary, subject to the approval
of the Director of the Office of Management and Budget and in
accordance with section 1531(a)(2) of title 31 United States
Code. The Secretary will have all the functions related to the
agency being transferred and additional functions as enumerated
in this bill.
This section expressly prohibits the transfer and use of
funds by the Secretary of Homeland Security from the following
transportation trust funds: Highway Trust Fund, Airport and
Airway Trust Fund, Inland Waterway Trust Fund, Harbor
Maintenance Trust Fund, or Oil Spill Liability Trust Fund. This
limitation does not apply to security-related funds provided to
the Federal Aviation Administration prior to fiscal year 2003
for operations, facilities and equipment, or research,
engineering and development. The Select Committee believes that
national security costs should be funded by the general fund,
not the transportation trust funds that should be used to
maintain transportation systems.
Section 812. Savings Provisions
This section directs that all orders, determinations,
rules, regulations, permits, grants, loans, contracts,
agreements, personnel actions, and certificates, that have been
issued, made, granted, or allowed to become effective by an
agency that are in effect on the date of that transfer (or
become effective after such date pursuant to their terms as in
effect on such effective date), will continue in effect
according to their terms until modified, terminated,
superseded, set aside, or revoked in accordance with law by, an
officer of the United States, a court of competent
jurisdiction, or operation of law.
This section directs that any pending proceedings in an
agency including notices of proposed rulemaking, and
applications for licenses, permits, certificates, grants, and
financial assistance will not be affected by enactment of this
legislation or the transfer of the agency to the Department
unless discontinuance or modification of any such proceeding
under the same terms and conditions and to the same extent that
such proceeding could have been discontinued or modified if
this transfer had not occurred.
Subject to the authority of the Secretary as specified in
this legislation, pending civil actions will not be affected by
this bill or the transfer of an agency to the Department. All
matters will be adjudicated in the same manner and with the
same effect as if such enactment or transfer had not occurred.
All references relating to an agency that is transferred to
the Department in statues, Executive Orders, rules,
regulations, directives, or delegations of authority that
preceded the transfer or effective date of this bill shall
continue to apply to the Department following such a transfer
if they refer to the agency by name.
Additionally, the Secretary may, in regulations prescribed
jointly with the Director of the Office of Personnel
Management, adopt the rules, procedures, terms and conditions,
established by statue, rule, or regulation before the effective
date of this legislation, relating to employment in any agency
transferred to the Department. Unless otherwise specified, the
terms and conditions of employment, including compensation for
personnel transferred to the Department will not be altered.
Section 813. Terminations
This section directs that once all the functions of an
agency have transferred to the Department as directed by this
bill, then those positions and offices that were authorized to
receive compensation at level II, III, IV, or V of the
Executive Schedule in the predecessor agency will terminate.
Section 814. Incidental Transfers
This section authorizes and directs the Director of the
Office of Management and Budget, in consultation with the
Secretary, to make additional incidental dispositions of
personnel, assets, and obligations held, or used, or to be made
available, in connection with the functions transferred by this
legislation to accomplish the purposes of this bill.
Section 815. National Identification System Not Authorized
This section clarifies that nothing in the bill authorizes
the Federal government to promote, develop or implement
national standards for an identification system or card.
Authority to design and issue identification cards and systems
(such as drivers' licenses) will remain with the States.
Section 816. Continuity of Inspector General Oversight
This section directs the Inspector General that exercised
oversight of an agency prior its transfer to the Department of
Homeland Security to continue to provide oversight of that
agency until an Inspector General is appointed for the
Department.
Section 817. Reference
This section directs that any references to laws,
functions, personnel, the reorganization plan in section 802,
any officer, organization or function being transferred to the
Department of Homeland Security will now be deemed to refer to
the Secretary, other appropriate official or component of the
Department.
title ix--conforming and technical amendments
Section 901. Inspector General Act of 1978
This section makes technical and conforming amendments to
the Inspector General Act of 1978 (Public Law 95-452).
Section 902. Executive Schedule
This section makes technical and conforming amendments to
the Executive Schedule, title 5, United States Code. In the
case of the Commissioner of Immigration and Naturalization,
this section will become effective when the function is
transferred to the Department of Homeland Security.
Section 903. United States Secret Service
This section makes technical and conforming amendments to
the United States Code in sections 202 and 208 of title 3 and
section 3056 of title 18, United States Code.
Section 904. Coast Guard
This section makes technical and conforming amendments to
title 14, title 10, title 37 and other defense-related laws
including: Public Law 104-193 (110 Stat. 2247), Public Law 104-
201 (10 U.S.C. 1073 note), Public Law 102-484 (10 U.S.C. 1143a
note), Public Law 103-337 (10 U.S.C. 1293 note), Public Law
106-181 (10 U.S.C. 2576 note), the Defense Dependents'
Education Act of 1978 (20 U.S.C. 926(b)), Public Law 107-110
(20 U.S.C. 6671(5)(D)), Public Law 107-110 (20 U.S.C. 6677(a),
Public Law 105-85 (21 U.S.C. 1505a(a)), The Military Selective
Service Act (50 U.S.C.). This section provides that the
amendments made by this section will take effect on the date of
transfer of the Coast Guard to the Department of Homeland
Security.
Section 905. Strategic National Stockpile and Smallpox Vaccine
Development
This section makes technical and conforming amendments to
the Public Health Security and Bioterrorism Preparedness and
Response Act of 2002. The amendments made by this section take
effect on the date of transfer of the Strategic National
Stockpile of the Department of Health and Human Services to the
Department of Homeland Security.
Section 906. Biological Agent Registration; Public Health Service Act
This section makes technical and conforming amendments to
the Public Health Service Act and the Public Health Security
and Bioterrorism Preparedness and Response Act of 2002. The
amendments made by this section take effect on the date of
transfer of the select agent registration enforcement programs
and the activities of the Department of Health and Human
Services to the Department of Homeland Security.
Section 907. Transfer of Certain Security and Law Enforcement Functions
and Authorities
This section repeals section 210(a)(2) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
490(a)(2)) and amends the Act of June 1, 1948 (40 U.S.C. 318-
318d; chapter 359; 62 Stat. 281). Section 1 of the amendment
provides a short title for the amendment, the ``Protection of
Public Property Act''. Section 2 of the amendment directs the
Secretary of Homeland Security to provide security for
Federally owned buildings grounds, property and the people on
the property. The Secretary may use employees of the Department
of Homeland Security including those transferred into the
Department from the Federal Protective Service of the General
Services Administration for this purpose. Employees performing
security duties in an official capacity may enforce Federal
laws and regulations for protecting persons and property, carry
firearms, make arrests for felonies, serve warrants and
subpoenas, conduct investigations as they relate to offenses
that may have been committed against property owned by the
Federal government or persons on the property and other duties
as assigned by the Secretary that would promote homeland
security. The Secretary, in consultation with the Administrator
of General Services, may prescribe regulations, including fines
and imprisonment for not more than 30 days as described under
title 18, United States Code, for offenses related to the
protection of Federal property and personnel on that property.
The Secretary may detail officers and agents under this section
to support Federal agency heads upon their request and the
Secretary may apply the regulations in this section to Federal
property being protected. When it is economical and in the
public interest, the Secretary may use the facilities and
services of Federal, State, and local law enforcement agencies
with their consent. The Secretary may also enter into
agreements with Federal agencies, and with State and local
governments to have officers and agents from the Homeland
Security Department enforce Federal, State, and local laws
concurrently with other law enforcement officers. The Secretary
of Homeland Security and the Attorney General will set
guidelines for exercising the powers granted to officers and
agencies covered by this section. Nothing in this section will
preclude or limit the authority of any Federal law enforcement
agency or restrict the Administrator of General Services'
authority to issue regulations affecting the property under the
Administrator's custody and control.
Section 908. Transportation Security Regulations
This section makes technical and conforming amendments to
portions of title 49, United States Code.
Section 909. Railroad Security Laws
This section makes technical and conforming amendments to
portions of title 49, United States Code.
Section 910. Office of Science and Technology Policy
This section amends the National Science and Technology
Policy, Organization, and Priorities Act by giving homeland
security the same status as national security.
Section 911. National Oceanographic Partnership Program
This section amends section 7902(b) of title 10, United
States Code, by adding the Under Secretary for Science and
Technology of the Department of Homeland Security and other
Federal officials to the Council.
Section 912. Chief Financial Officer
This section makes technical and conforming amendments to
section 901(b)(1) of title 31, United States Code, by including
a Chief Financial Officer for the Department of Homeland
Security to ensure that the Department is subject to the Chief
Financial Officer Act.
Section 913. Chief Information Officer
This section ensures that the Department's Chief
Information Officer is subject to the Clinger-Cohen Act and
allows for Presidential appointment of the Chief Information
Officer.
title x--national homeland security council
Section 1001. National Homeland Security Council
This section establishes the Homeland Security Council
within the Executive Office of the President.
Section 1002. Function
This section directs the Council to advise the Present on
homeland security matters.
Section 1003. Membership
This section denotes the members of the Council including:
The President, the Vice President, the Secretary of Homeland
Security, the Attorney General, the Secretary of Health and
Human Services, the Director of Central Intelligence, the
Secretary of Defense, the Secretary of the Treasury, the
Secretary of Energy, the Secretary of Agriculture and other
individuals designed by the President.
Section 1004. Other Functions and Activities
This section directs the Council to make recommendations to
the President on matters related to homeland security including
objectives, commitments, risk management, policy and other
issues.
Section 1005. Homeland Security Budget
This section requires that the President submit to Congress
a homeland security budget as part of the annual budget
request.
Section 1006. Staff Composition
This section establishes a Homeland Security Council staff,
headed by a civilian Executive Secretary. The Executive
Secretary's salary may not exceed that of the Executive
Secretary of the National Security Council.
Section 1007. Relation to the National Security Council
This section provides that the President may hold joint
meetings of the Homeland Security Council and the National
Security Council with membership and participation as directed
by the President.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 3 OF THE NATIONAL SECURITY ACT OF 1947
DEFINITIONS
Sec. 3. As used in this Act:
(1) * * *
* * * * * * *
(4) The term ``intelligence community'' includes--
(A) * * *
* * * * * * *
(I) the Bureau of Intelligence and Research
of the Department of State; [and]
(J) the Intelligence Analysis Center of the
Department of Homeland Security; and
[(J)] (K) such other elements of any other
department or agency as may be designated by
the President, or designated jointly by the
Director of Central Intelligence and the head
of the department or agency concerned, as an
element of the intelligence community.
* * * * * * *
----------
AGRICULTURAL RISK PROTECTION ACT OF 2000
* * * * * * *
TITLE V--INSPECTION ANIMALS
SEC. 501. CIVIL PENALTY.
(a) In General.--Any person that causes harm to, or
interferes with, an animal used for the purposes of official
inspections by the Department of Agriculture or the Department
of Homeland Security, may, after notice and opportunity for a
hearing on the record, be assessed a civil penalty by the
Secretary of Agriculture or the Secretary of Homeland Security
not to exceed $10,000.
(b) Factors in Determining Civil Penalty.--In determining the
amount of a civil penalty, the Secretary concerned shall take
into account the nature, circumstance, extent, and gravity of
the offense.
(c) Settlement of Civil Penalties.--The Secretary concerned
may compromise, modify, or remit, with or without conditions,
any civil penalty that may be assessed under this section.
(d) Finality of Orders.--
(1) In general.--The order of the Secretary concerned
assessing a civil penalty shall be treated as a final
order reviewable under chapter 158 of title 28, United
States Code. The validity of the order of the Secretary
concerned may not be reviewed in an action to collect
the civil penalty.
* * * * * * *
(e) Secretary Concerned Defined.--In this title, the term
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to an
animal used for purposes of official inspections by the
Department of Agriculture; and
(2) the Secretary of Homeland Security, with respect
to an animal used for purposes of official inspections
by the Department of Homeland Security.
SEC. 502. SUBPOENA AUTHORITY.
(a) In General.--The Secretary concerned shall have power to
subpoena the attendance and testimony of any witness, and the
production of all documentary evidence relating to the
enforcement of section 501 or any matter under investigation in
connection with this title.
* * * * * * *
(c) Enforcement of Subpoena.--In the case of disobedience to
a subpoena by any person, the Secretary concerned may request
the Attorney General to invoke the aid of any court of the
United States within the jurisdiction in which the
investigation is conducted, or where the person resides, is
found, transacts business, is licensed to do business, or is
incorporated, in requiring the attendance and testimony of any
witness and the production of documentary evidence. In case of
a refusal to obey a subpoena issued to any person, a court may
order the person to appear before the Secretary concerned and
give evidence concerning the matter in question or to produce
documentary evidence. Any failure to obey the court's order may
be punished by the court as a contempt of the court.
(d) Compensation.--Witnesses summoned by the Secretary
concerned shall be paid the same fees and mileage that are paid
to witnesses in courts of the United States, and witnesses
whose depositions are taken, and the persons taking the
depositions shall be entitled to the same fees that are paid
for similar services in the courts of the United States.
(e) Procedures.--The Secretary concerned shall publish
procedures for the issuance of subpoenas under this section.
Such procedures shall include a requirement that subpoenas be
reviewed for legal sufficiency and signed by the Secretary
concerned. If the authority to sign a subpoena is delegated,
the agency receiving the delegation shall seek review for legal
sufficiency outside that agency.
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
CHAPTER 1--ORGANIZATION
* * * * * * *
Sec. 114. Transportation Security Administration
(a) * * *
* * * * * * *
(l) Regulations.--
(1) * * *
(2) Emergency procedures.--
(A) * * *
(B) Review by transportation security
oversight board.--Any regulation or security
directive issued under this paragraph shall be
subject to review by the Transportation
Security Oversight Board established under
section 115. Any regulation or security
directive issued under this paragraph shall
remain effective for a period not to exceed 30
days unless ratified or disapproved by the
Board or rescinded by the Under Secretary.
* * * * * * *
Sec. 115. Transportation Security Oversight Board
(a) In General.--There is established in the Department of
[Transportation] Homeland Security a board to be known as the
``Transportation Security Oversight Board''.
(b) Membership.--
(1) Number and appointment.--The Board shall be
composed of 7 members as follows:
(A) The Secretary of Homeland Security, or
the Secretary's designee.
[(A)] (B) The Secretary of Transportation, or
the Secretary's designee.
[(B)] (C) The Attorney General, or the
Attorney General's designee.
[(C)] (D) The Secretary of Defense, or the
Secretary's designee.
[(D)] (E) The Secretary of the Treasury, or
the Secretary's designee.
[(E)] (F) The Director of the Central
Intelligence Agency, or the Director's
designee.
[(F)] (G) One member appointed by the
President to represent the National Security
Council.
[(G) One member appointed by the President to
represent the Office of Homeland Security.]
(2) Chairperson.--The Chairperson of the Board shall
be the Secretary of [Transportation] Homeland Security.
* * * * * * *
SUBTITLE V--RAIL PROGRAMS
* * * * * * *
PART A--SAFETY
CHAPTER 201--GENERAL
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 20105. State participation
(a) Investigative and Surveillance Activities.--The Secretary
of Transportation or the Secretary of Homeland Security may
prescribe investigative and surveillance activities necessary
to enforce the safety regulations prescribed and orders issued
by the Secretary of Transportation or the Secretary of Homeland
Security that apply to railroad equipment, facilities, rolling
stock, and operations in a State. The State may participate in
those activities when the safety practices for railroad
equipment, facilities, rolling stock, and operations in the
State are regulated by a State authority and the authority
submits to the Secretary of Transportation or the Secretary of
Homeland Security, as appropriate, an annual certification as
provided in subsection (b) of this section.
(b) Annual Certification.--(1) A State authority's annual
certification must include--
(A) a certification that the authority--
(i) * * *
(ii) was given a copy of each safety
regulation prescribed and order issued by the
Secretary of Transportation or the Secretary of
Homeland Security, as appropriate, that applies
to the equipment, facilities, rolling stock, or
operations, as of the date of certification;
and
(iii) is conducting the investigative and
surveillance activities prescribed by the
Secretary of Transportation or the Secretary of
Homeland Security, as appropriate, under
subsection (a) of this section; and
(B) a report, in the form the Secretary of
Transportation or the Secretary of Homeland Security,
as appropriate, prescribes by regulation, that
includes--
(i) * * *
(ii) each accident or incident reported
during the prior 12 months by a railroad
carrier involving a fatality, personal injury
requiring hospitalization, or property damage
of more than $750 (or a higher amount
prescribed by the Secretary of Transportation
or the Secretary of Homeland Security, as
appropriate), and a summary of the authority's
investigation of the cause and circumstances
surrounding the accident or incident;
(iii) the record maintenance, reporting, and
inspection practices conducted by the authority
to aid the Secretary of Transportation or the
Secretary of Homeland Security, as appropriate,
in enforcing railroad safety regulations
prescribed and orders issued by the Secretary
of Transportation or the Secretary of Homeland
Security, as appropriate, including the number
of inspections made of railroad equipment,
facilities, rolling stock, and operations by
the authority during the prior 12 months; and
(iv) other information the Secretary of
Transportation or the Secretary of Homeland
Security, as appropriate, requires.
* * * * * * *
(3) If, after receipt of an annual certification, the
Secretary of Transportation or the Secretary of Homeland
Security, as appropriate, decides the State authority is not
complying satisfactorily with the investigative and
surveillance activities prescribed under subsection (a) of this
section, the Secretary of Transportation or the Secretary of
Homeland Security, as appropriate, may reject any part of the
certification or take other appropriate action to achieve
adequate enforcement. The Secretary of Transportation or the
Secretary of Homeland Security, as appropriate, must give the
authority notice and an opportunity for a hearing before taking
action under this paragraph. When the Secretary of
Transportation or the Secretary of Homeland Security, as
appropriate, gives notice, the burden of proof is on the
authority to show that it is complying satisfactorily with the
investigative and surveillance activities prescribed by the
Secretary of Transportation or the Secretary of Homeland
Security, as appropriate.
(c) Agreement When Certification Not Received.--(1) If the
Secretary of Transportation or the Secretary of Homeland
Security, as appropriate, does not receive an annual
certification under subsection (a) of this section related to
any railroad equipment, facility, rolling stock, or operation,
the Secretary of Transportation or the Secretary of Homeland
Security, as appropriate, may make an agreement with a State
authority for the authority to provide any part of the
investigative and surveillance activities prescribed by the
Secretary of Transportation or the Secretary of Homeland
Security, as appropriate, as necessary to enforce the safety
regulations and orders applicable to the equipment, facility,
rolling stock, or operation.
(2) The Secretary of Transportation or the Secretary of
Homeland Security, as appropriate, may terminate any part of an
agreement made under this subsection on finding that the
authority has not provided every part of the investigative and
surveillance activities to which the agreement relates. The
Secretary of Transportation or the Secretary of Homeland
Security, as appropriate, must give the authority notice and an
opportunity for a hearing before making such a finding. The
finding and termination shall be published in the Federal
Register and may not become effective for at least 15 days
after the date of publication.
(d) Agreement for Investigative and Surveillance
Activities.--In addition to providing for State participation
under this section, the Secretary of Transportation or the
Secretary of Homeland Security, as appropriate, may make an
agreement with a State to provide investigative and
surveillance activities related to the [Secretary's] Secretary
of Transportation's duties under chapters 203-213 of this title
or the Secretary of Homeland Security's duties under section
114.
(e) Payment.--On application by a State authority that has
submitted a certification under subsections (a) and (b) of this
section or made an agreement under subsection (c) or (d) of
this section, the Secretary of Transportation or the Secretary
of Homeland Security, as appropriate, shall pay not more than
50 percent of the cost of the personnel, equipment, and
activities of the authority needed, during the next fiscal
year, to carry out a safety program under the certification or
agreement. However, the Secretary of Transportation or the
Secretary of Homeland Security, as appropriate, may pay an
authority only when the authority assures the Secretary of
Transportation or the Secretary of Homeland Security, as
appropriate, that it will provide the remaining cost of the
safety program and that the total State money expended for the
safety program, excluding grants of the United States
Government, will be at least as much as the average amount
expended for the fiscal years that ended June 30, 1969, and
June 30, 1970.
(f) Monitoring.--The Secretary of Transportation or the
Secretary of Homeland Security, as appropriate, may monitor
State investigative and surveillance practices and carry out
other inspections and investigations necessary to help enforce
this chapter or section 114.
Sec. 20106. National uniformity of regulation
Laws, regulations, and orders related to railroad safety
shall be nationally uniform to the extent practicable. A State
may adopt or continue in force a law, regulation, or order
related to railroad safety, including security, until the
Secretary of Transportation or the Secretary of Homeland
Security prescribes a regulation or issues an order covering
the subject matter of the State requirement. A State may adopt
or continue in force an additional or more stringent law,
regulation, or order related to railroad safety when the law,
regulation, or order--
(1) * * *
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART III--SAFETY
* * * * * * *
CHAPTER 449--SECURITY
* * * * * * *
SUBCHAPTER I--REQUIREMENTS
Sec. 44901. Screening passengers and property
(a) * * *
* * * * * * *
(d) Explosive Detection Systems.--
(1) * * *
(2) Modification of airport terminal buildings to
accommodate explosive detection systems.--
(A) Notification of airports.--Not later than
October 1, 2002, the Under Secretary shall
notify the owner or operator of each United
States airport described in section 44903(c) of
the number and type of explosive detection
systems that will be required to be deployed at
the airport in order to screen all checked
baggage by explosive detection systems without
imposing unreasonable delays on the passengers
using the airport.
(B) Assessments of airport terminal
buildings.--If the owner or operator of a
United States airport described in section
44903(c) determines that the airport will not
be able to make the modifications to the
airport's terminal buildings that are necessary
to accommodate the explosive detection systems
required under subparagraph (A) in a cost-
effective manner on or before December 31,
2002, the owner or operator shall provide
notice of that determination to the Under
Secretary not later than November 1, 2002.
(C) Plans for making modifications to airport
terminal buildings.--
(i) In general.--If the owner or
operator of an airport provides notice
to the Under Secretary under
subparagraph (B), the Under Secretary,
in consultation with the owner or
operator, shall develop, not later than
December 1, 2002, a plan for making
necessary modifications to the
airport's terminal buildings so as to
deploy and fully utilize explosive
detection systems to screen all checked
baggage.
(ii) Deadline.--A plan developed
under this subparagraph shall include a
date for executing the plan. All such
plans shall be executed as
expeditiously as practicable but not
later than December 31, 2003.
(iii) Transmission of plans to
congress.--On the date of completion of
a plan under this subparagraph, the
Under Secretary shall transmit a copy
of the plan to Congress. For security
purposes, information contained in the
plan shall not be disclosed to the
public.
(D) Requirements for plans.--A plan developed
and published under subparagraph (C), shall
provide for, to the maximum extent
practicable--
(i) the deployment of explosive
detection systems in the baggage
sorting area or other non-public area
rather than the lobby of an airport
terminal building; and
(ii) the deployment of state of the
art explosive detection systems that
have high throughput, low false alarm
rates, and high reliability without
reducing detection rates.
(E) Use of screening methods other than
eds.--Notwithstanding the deadline in paragraph
(1)(A), after December 31, 2002, if explosive
detection systems are not screening all checked
baggage at a United States airport described in
section 44903(c), such baggage shall be
screened by the methods described in subsection
(e) until such time as all checked baggage is
screened by explosive detection systems at the
airport.
(3) Purchase of explosive detection systems.--Any
explosive detection system required to be purchased
under paragraph (2)(A) shall be purchased by the Under
Secretary.
(4) Explosive detection system defined.--In this
subsection, the term ``explosive detection system''
means a device, or combination of devices, that can
detect different types of explosives.
(e) Mandatory Screening Where EDS Not Yet Available.--As soon
as practicable but not later than the 60th day following the
date of enactment of the Aviation and Transportation Security
Act and until the requirements of subsection [(b)(1)(A)]
(d)(1)(A) are met, the Under Secretary shall require
alternative means for screening any piece of checked baggage
that is not screened by an explosive detection system. Such
alternative means may include 1 or more of the following:
(1) * * *
* * * * * * *
PART B--AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471--AIRPORT DEVELOPMENT
* * * * * * *
SUBCHAPTER I--AIRPORT IMPROVEMENT
* * * * * * *
Sec. 47106. Project grant application approval conditioned on
satisfaction of project requirements
(a) * * *
* * * * * * *
(g) Consultation With Secretary of Homeland Security.--The
Secretary shall consult with the Secretary of Homeland Security
before approving an application under this subchapter for an
airport development project grant for activities described in
section 47102(3)(B)(ii) (relating to security equipment) or
section 47102(3)(B)(x) (relating to installation of bulk
explosive detection systems).
* * * * * * *
----------
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
Part C--Bureau of Justice Statistics
* * * * * * *
establishment, duties, and functions
Sec. 302. (a) * * *
* * * * * * *
(c) The Bureau is authorized to--
(1) * * *
* * * * * * *
(22) ensure conformance with security and privacy
requirement of section 812 and identify, analyze, and
participate in the development and implementation of
privacy, security and information policies which impact
on Federal and State criminal justice operations and
related statistical activities; [and]
(23) exercise the powers and functions set out in
part H[.]; and
(24) collect, maintain, compile, analyze, publish,
and disseminate information and statistics involving
the functions of the Bureau of Citizenship and
Immigration Services and the Executive Office for
Immigration Review.
* * * * * * *
OFFICE OF IMMIGRATION STATISTICS
Sec. 305. (a) There is established within the Bureau of
Justice Statistics of the Department of Justice an Office of
Immigration Statistics (in this section referred to as the
``Office''), which shall be headed by a Director who shall be
appointed by the Attorney General and who shall report to the
Director of Justice Statistics.
(b) The Director of the Office shall be responsible for the
following:
(1) Maintenance of all immigration statistical
information of the Bureau of Citizenship and
Immigration Services and the Executive Office for
Immigration Review. Such statistical information shall
include information and statistics of the type
contained in the publication entitled ``Statistical
Yearbook of the Immigration and Naturalization
Service'' prepared by the Immigration and
Naturalization Service (as in effect on the day prior
to the effective date specified in section 427 of the
Homeland Security Act of 2002), including region-by-
region statistics on the aggregate number of
applications and petitions filed by an alien (or filed
on behalf of an alien) and denied by such offices and
bureaus, and the reasons for such denials,
disaggregated by category of denial and application or
petition type.
(2) Establishment of standards of reliability and
validity for immigration statistics collected by the
Bureau of Citizenship and Immigration Services and the
Executive Office for Immigration Review.
(c) The Bureau of Citizenship and Immigration Services and
the Executive Office for Immigration Review shall provide
statistical information to the Office of Immigration Statistics
from the operational data systems controlled by the Bureau of
Citizenship and Immigration Services and the Executive Office
for Immigration Review, respectively, for the purpose of
meeting the responsibilities of the Director.
* * * * * * *
----------
SECTION 286 OF THE IMMIGRATION AND NATIONALITY ACT
disposition of moneys collected under the provisions of this title
Sec. 286. (a) * * *
* * * * * * *
(m) Notwithstanding any other provisions of law, all
adjudication fees as are designated by the Attorney General in
regulations shall be deposited as offsetting receipts into a
separate account entitled ``Immigration Examinations Fee
Account'' in the Treasury of the United States, whether
collected directly by the Attorney General or through clerks of
courts: Provided, however, That all fees received by the
Attorney General from applicants residing in the Virgin Islands
of the United States and in Guam, under this subsection shall
be paid over to the treasury of the Virgin Islands and to the
treasury of Guam: Provided further, That fees for providing
adjudication and naturalization services may be set at a level
that will ensure recovery of the full costs of providing all
such [services, including the costs of similar services
provided without charge to asylum applicants or other
immigrants.] services. Such fees may also be set at a level
that will recover any additional costs associated with the
administration of the fees collected.
* * * * * * *
----------
SECTION 204 OF THE IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS
ACT OF 2000
SEC. 204. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENT ACCOUNT.
(a) Authority of the Attorney General.--The Attorney General
shall take such measures as may be necessary to--
(1) reduce the backlog in the processing of
immigration benefit applications, with the objective of
the total elimination of the backlog not later than one
year after [the date of enactment of this Act;] 1 year
after the date of the enactment of the Homeland
Security Act of 2002;
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart I--Miscellaneous
Personnel flexibilities relating to the Internal Revenue Serv9501
9701 Department of Homeland Security..................................
* * * * * * *
Subpart D--Pay and Allowances
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
* * * * * * *
Sec. 5312. Positions at level I
Level I of the Executive Schedule applies to the following
positions for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Secretary of State.
* * * * * * *
Secretary of Homeland Security.
* * * * * * *
Sec. 5313. Positions at level II
Level II of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Secretary of Defense.
* * * * * * *
Deputy Secretary of Homeland Security.
* * * * * * *
Sec. 5314. Positions at level III
Level III of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Solicitor General of the United States.
* * * * * * *
Under Secretaries, Department of Homeland Security.
* * * * * * *
[Commissioner of Customs, Department of the Treasury]
Commissioner of Customs, Department of Homeland
Security.
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Administrator of General Services.
* * * * * * *
[Commissioner of Immigration and Naturalization,
Department of Justice.]
* * * * * * *
Assistant Secretaries, Department of Homeland
Security.
General Counsel, Department of Homeland Security.
Chief Financial Officer, Department of Homeland
Security.
Chief Information Officer, Department of Homeland
Security.
Inspector General, Department of Homeland Security.
* * * * * * *
Subpart I--Miscellaneous
* * * * * * *
CHAPTER 97--DEPARTMENT OF HOMELAND SECURITY
Sec.
9701. Establishment of human resources management system.
Sec. 9701. Establishment of human resources management system
(a) In General.--Notwithstanding any other provision of this
title, the Secretary of Homeland Security may, in regulations
prescribed jointly with the Director of the Office of Personnel
Management, establish, and from time to time adjust, a human
resources management system for some or all of the
organizational units of the Department of Homeland Security.
(b) System Requirements.--Any system established under
subsection (a) shall--
(1) be flexible;
(2) be contemporary;
(3) not waive, modify, or otherwise affect--
(A) the public employment principles of merit
and fitness set forth in section 2301,
including the principles of hiring based on
merit, fair treatment without regard to
political affiliation or other non-merit
considerations, equal pay for equal work, and
protection of employees against reprisal for
whistleblowing;
(B) any provision of section 2302, relating
to prohibited personnel practices;
(C)(i) any provision of law referred to in
section 2302(b)(1); or
(ii) any provision of law implementing any
provision of law referred to in section
2302(b)(1) by--
(I) providing for equal employment
opportunity through affirmative action;
or
(II) providing any right or remedy
available to any employee or applicant
for employment in the civil service;
(D) any other provision of this title (as
described in subsection (c)); or
(E) any rule or regulation prescribed under
any provision of law referred to in any of the
preceding subparagraphs of this paragraph;
(4) ensure that employees may organize, bargain
collectively, and participate through labor
organizations of their own choosing in decisions which
affect them, subject to any exclusion from coverage or
limitation on negotiability established by law or under
subsection (a) for employees engaged in intelligence,
counterintelligence, investigative, or security work
which directly affects national security; and
(5) permit the use of a category rating system for
evaluating applicants for positions in the competitive
service.
(c) Other Nonwaivable Provisions.--The other provisions of
this title, as referred to in subsection (b)(3)(D), are (to the
extent not otherwise specified in subparagraph (A), (B), (C),
or (D) of subsection (b)(3))--
(1) subparts A, B, E, G, and H of this part; and
(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and 79,
and this chapter.
(d) Limitations Relating to Pay.--Nothing in this section
shall constitute authority--
(1) to modify the pay of any employee who serves in--
(A) an Executive Schedule position under
subchapter II of chapter 53 of title 5, United
States Code; or
(B) a position for which the rate of basic
pay is fixed in statute by reference to a
section or level under subchapter II of chapter
53 of such title 5;
(2) to fix pay for any employee or position at an
annual rate greater than the maximum amount of cash
compensation allowable under section 5307 of such title
5 in a year; or
(3) to exempt any employee from the application of
such section 5307.
(e) Sunset Provision.--Effective 5 years after the date of
the enactment of this section, all authority to issue
regulations under this section (including regulations which
would modify, supersede, or terminate any regulations
previously issued under this section) shall cease to be
available.
* * * * * * *
----------
SECTION 505 OF THE TARIFF ACT OF 1930
SEC. 505. PAYMENT OF DUTIES AND FEES.
(a) Deposit of Estimated Duties, Fees, and Interest.--[Unless
merchandise] Unless the entry of merchandise is covered by an
import activity summary statement, or the merchandise is
entered for warehouse or transportation, or under bond, the
importer of record shall deposit with the Customs Service at
the time of making entry, or at such later time as the
Secretary may prescribe by regulation (but not to exceed 10
working days after entry or release, whichever occurs first),
the amount of duties and fees estimated to be payable thereon.
[Such regulations may provide that estimated duties and fees
shall be deposited before or at the time an import activity
summary statement is filed. If an import activity summary
statement is filed, the estimated duties and fees shall be
deposited together with interest, at a rate determined by the
Secretary, accruing from the first date of the month the
statement is required to be filed until the date such statement
is actually filed.] If an import activity summary statement is
filed, the importer of record shall deposit estimated duties
and fees for entries of merchandise covered by the import
activity summary statement no later than the 15th day of the
month following the month in which the merchandise is entered
or released, whichever occurs first.
* * * * * * *
----------
SECTION 13031 OF THE CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF
1985
SEC. 13031. FEES FOR CERTAIN CUSTOM SERVICES.
(a) * * *
* * * * * * *
(f) Disposition of Fees.--(1) There is established in the
general fund of the Treasury a separate account which shall be
known as the ``Customs User Fee Account''. Notwithstanding
section 524 of the Tariff Act of 1930 (19 U.S.C. 1524), there
shall be deposited as offsetting receipts into the Customs User
Fee Account all fees collected under subsection (a) except--
(A) * * *
[(B) the portion of such fees that is
determined by the Secretary to be excess fees
under paragraph (5).]
(B) amounts deposited into the Customs
Commercial and Homeland Security Automation
Account under paragraph (5).
* * * * * * *
(4) At the close of fiscal year 1988 and each even-numbered
fiscal year occurring thereafter, the Secretary of the Treasury
shall submit a report to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate regarding how the fees imposed under subsection (a)
[(other than the excess fees determined by the Secretary under
paragraph (5))] should be adjusted in order that the balance of
the Customs User Fee Account approximates a zero balance.
Before making recommendations regarding any such adjustments,
the Secretary of the Treasury shall provide adequate
opportunity for public comment. The recommendation shall, a
precisely as possible, propose fees which reflect the actual
costs to the United States Government for the commercial
services provided by the United States Custom Service.
[(5) At the close of each of fiscal years 1994, 1995,
1996, and 1997, the Secretary of the Treasury shall
determine the amount of the fees collected under
paragraph (5)(A) of subsection (a) for that fiscal year
that exceeds the amount of such fees that would have
been collected for such fiscal year if the fees that
were in effect on the day before the effective date of
this paragraph applied to such fiscal year. The amount
of the excess fees determined under the preceding
sentence shall be deposited in the Customs User Fee
Account and shall be available for reimbursement of
inspectional costs (including passenger processing
costs) not otherwise reimbursed under this section, and
shall be available only to the extent provided in
appropriations Acts.]
(5)(A) There is created within the general fund of the
Treasury a separate account that shall be known as the
``Customs Commercial and Homeland Security Automation
Account''. In each of fiscal years 2003, 2004, and 2005 there
shall be deposited into the Account from fees collected under
subsection (a)(9)(A), $350,000,000.
(B) There is authorized to be appropriated from the Account
in fiscal years 2003 through 2005 such amounts as are available
in that Account for the development, establishment, and
implementation of the Automated Commercial Environment computer
system for the processing of merchandise that is entered or
released and for other purposes related to the functions of the
Department of Homeland Security. Amounts appropriated pursuant
to this subparagraph are authorized to remain available until
expended.
(C) In adjusting the fee imposed by subsection (a)(9)(A) for
fiscal year 2006, the Secretary of the Treasury shall reduce
the amount estimated to be collected in fiscal year 2006 by the
amount by which total fees deposited to the Account during
fiscal years 2003, 2004, and 2005 exceed total appropriations
from that Account.
* * * * * * *
----------
INSPECTOR GENERAL ACT OF 1978
* * * * * * *
SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF HOMELAND SECURITY
Sec. 8J. Notwithstanding any other provision of law, in
carrying out the duties and responsibilities specified in this
Act, the Inspector General of the Department of Homeland
Security shall have oversight responsibility for the internal
investigations performed by the Office of Internal Affairs of
the United States Customs Service and the Office of Inspections
of the United States Secret Service. The head of each such
office shall promptly report to the Inspector General the
significant activities being carried out by such office.
* * * * * * *
DEFINITIONS
Sec. 11. As used in this Act--
(1) the term ``head of the establishment'' means the
Secretary of Agriculture, Commerce, Defense, Education,
Energy, Health and Human Services, Housing and Urban
Development, the Interior, Labor, State,
Transportation, Homeland Security, or the Treasury; the
Attorney General; the Administrator of the Agency for
International Development, Environmental Protection,
General Services, National Aeronautics and Space, or
Small Business, or Veterans' Affairs; the Director of
the Federal Emergency Management Agency, or the Office
of Personnel Management; the Chairman of the Nuclear
Regulatory Commission or the Railroad Retirement Board;
the Chairperson of the Thrift Depositor Protection
Oversight Board; the Chief Executive Officer of the
Corporation for National and Community Service; the
Administrator of the Community Development Financial
Institutions Fund; [and] the chief executive officer of
the Resolution Trust Corporation; [and] the Chairperson
of the Federal Deposit Insurance Corporation; the
Commissioner of Social Security, Social Security
Administration; or the Board of Directors of the
Tennessee Valley Authority; as the case may be;
(2) the term ``establishment'' means the Department
of Agriculture, Commerce, Defense, Education, Energy,
Health and Human Services, Housing and Urban
Development, the Interior, Justice, Labor, State,
Transportation, Homeland Security, or the Treasury; the
Agency for International Development, the Community
Development Financial Institutions Fund, the
Environmental Protection Agency, the Federal Emergency
Management Agency, the General Services Administration,
the National Aeronautics and Space Administration, the
Nuclear Regulatory Commission, the Office of Personnel
Management, the Railroad Retirement Board, the
Resolution Trust Corporation, the Federal Deposit
Insurance Corporation, the Small Business
Administration, the Corporation for National and
Community Service, or the Veterans' Administration, the
Social Security Administration, or the Tennessee Valley
Authority; as the case may be;
* * * * * * *
----------
SECTION 18 OF THE OFFICE OF FEDERAL PROCUREMENT POLICY ACT
SEC. 18. PROCUREMENT NOTICE.
(a) * * *
* * * * * * *
(c)(1) A notice is not required under subsection (a)(1) if--
(A) * * *
* * * * * * *
(F) the procurement is for utility services, other
than telecommunication services, and only one source is
available; [or]
(G) the procurement is for the services of an expert
for use in any litigation or dispute (including any
reasonably foreseeable litigation or dispute) involving
the Federal Government in any trial, hearing, or
proceeding before any court, administrative tribunal,
or agency, or in any part of an alternative dispute
resolution process, whether or not the expert is
expected to testify[.]; or
(H) the procurement is by the Secretary of Homeland
Security pursuant to the special procedures provided in
section 733(c) of the Homeland Security Act of 2002.
* * * * * * *
----------
TITLE 3, UNITED STATES CODE
* * * * * * *
CHAPTER 3--PROTECTION OF THE PRESIDENT; UNITED STATES SECRET SERVICE
UNIFORMED DIVISION
* * * * * * *
Sec. 202. United States Secret Service Uniformed Division;
establishment, control, and supervision;
privileges, powers, and duties
There is hereby created and established a permanent police
force, to be known as the ``United States Secret Service
Uniformed Division''. Subject to the supervision of the
Secretary [of the Treasury] of Homeland Security, the United
States Secret Service Uniformed Division shall perform such
duties as the Director, United States Secret Service, may
prescribe in connection with the protection of the following:
(1) the White House in the District of Columbia; (2) any
building in which Presidential offices are located; (3) the
Treasury Building and grounds; (4) the President and members of
his immediate family; (5) foreign diplomatic missions located
in the metropolitan area of the District of Columbia; (6) the
temporary official residence of the Vice President and grounds
in the District of Columbia; (7) the Vice President and members
of his immediate family; (8) foreign diplomatic missions
located in metropolitan areas (other than the District of
Columbia) in the United States where there are located twenty
or more such missions headed by full-time officers, except that
such protection shall be provided only (A) on the basis of
extraordinary protective need, (B) upon request of the affected
metropolitan area, and (C) when the extraordinary protective
need arises at or in association with a visit to (i) a
permanent mission to, or an observer mission invited to
participate in the work of, an international organization of
which the United States is a member; or (ii) an international
organization of which the United States is a member, except
that such protection may also be provided for motorcades and at
other places associated with any such visit and may be extended
at places of temporary domicile in connection with any such
visit;
* * * * * * *
Sec. 208. Reimbursement of State and local governments
(a) In carrying out the functions pursuant to sections 202(8)
and 202(10), the Secretary [of Treasury] of Homeland Security
may utilize, with their consent, on a reimbursable basis, the
services, personnel, equipment, and facilities of State and
local governments, and is authorized to reimburse such State
and local governments for the utilization of such services,
personnel, equipment, and facilities. The Secretary [of
Treasury] of Homeland Security may carry out the functions
pursuant to sections 202(8) and 202(10) by contract. The
authority of this subsection may be transferred by the
President to the Secretary of State. In carrying out any duty
under sections 202(8) and 202(10), the Secretary of State is
authorized to utilize any authority available to the Secretary
under title II of the State Department Basic Authorities Act of
1956.
* * * * * * *
----------
SECTION 3056 OF TITLE 18, UNITED STATES CODE
Sec. 3056. Powers, authorities, and duties of United States Secret
Service
(a) Under the direction of the Secretary [of the Treasury] of
Homeland Security, the United States Secret Service is
authorized to protect the following persons:
(1) * * *
* * * * * * *
Provided, That the Secretary [of the Treasury] of Homeland
Security shall have the authority to direct the Secret Service
to provide temporary protection for any of these individuals at
any time if the Secretary [of the Treasury] of Homeland
Security or designee determines that information or conditions
warrant such protection.
* * * * * * *
(7) Major Presidential and Vice Presidential
candidates and, within 120 days of the general
Presidential election, the spouses of such candidates.
As used in this paragraph, the term ``major
Presidential and Vice Presidential candidates'' means
those individuals identified as such by the Secretary
[of the Treasury] of Homeland Security after
consultation with an advisory committee consisting of
the Speaker of the House of Representatives, the
minority leader of the House of Representatives, the
majority and minority leaders of the Senate, and one
additional member selected by the other members of the
committee.
The protection authorized in paragraphs (2) through (7) may be
declined.
(b) Under the direction of the Secretary [of the Treasury] of
Homeland Security, the Secret Service is authorized to detect
and arrest any person who violates--
(1) * * *
* * * * * * *
(3) any of the laws of the United States relating to
electronic fund transfer frauds, access device frauds,
false identification documents or devices, and any
fraud or other criminal or unlawful activity in or
against any federally insured financial institution;
except that the authority conferred by this paragraph
shall be exercised subject to the agreement of the
Attorney General and the Secretary [of the Treasury] of
Homeland Security and shall not affect the authority of
any other Federal law enforcement agency with respect
to those laws.
(c)(1) Under the direction of the Secretary [of the Treasury]
of Homeland Security, officers and agents of the Secret Service
are authorized to--
(A) * * *
* * * * * * *
(E) pay expenses for unforeseen emergencies of a
confidential nature under the direction of the
Secretary [of the Treasury] of Homeland Security and
accounted for solely on the Secretary's certificate;
and
* * * * * * *
(e)(1) When directed by the President, the United States
Secret Service is authorized to participate, under the
direction of the Secretary [of the Treasury] of Homeland
Security, in the planning, coordination, and implementation of
security operations at special events of national significance,
as determined by the President.
* * * * * * *
----------
TITLE 14, UNITED STATES CODE
* * * * * * *
CHAPTER 1--ESTABLISHMENT AND DUTIES
* * * * * * *
Sec. 1. Establishment of Coast Guard
The Coast Guard as established January 28, 1915, shall be a
military service and a branch of the armed forces of the United
States at all times. The Coast Guard shall be a service in the
Department [of Transportation] of Homeland Security, except
when operating as a service in the Navy.
* * * * * * *
Sec. 3. Relationship to Navy Department
Upon the declaration of war or when the President directs,
the Coast Guard shall operate as a service in the Navy, and
shall so continue until the President, by Executive order,
transfers the Coast Guard back to the Department [of
Transportation] of Homeland Security. While operating as a
service in the Navy, the Coast Guard shall be subject to the
orders of the Secretary of the Navy who may order changes in
Coast Guard operations to render them uniform, to the extent he
deems advisable, with Navy operations.
* * * * * * *
CHAPTER 3--COMPOSITION AND ORGANIZATION
* * * * * * *
Sec. 53. Office of the Coast Guard Reserve; Director
(a) * * *
(b) Appointment.--The President, by and with the advice and
consent of the Senate, shall appoint the Director of the Coast
Guard Reserve, from officers of the Coast Guard who--
(1) have had at least 10 years of commissioned
service;
(2) are in a grade above captain; and
(3) have been recommended by the Secretary [of
Transportation] of Homeland Security.
(c) Term.--(1) The Director of the Coast Guard Reserve holds
office for a term determined by the President, normally two
years, but not more than four years. An officer may be removed
from the position of Director for cause at any time.
(2) The Director of the Coast Guard Reserve, while so
serving, holds a grade above Captain, without vacating the
officer's permanent grade.
(d) Budget.--The Director of the Coast Guard Reserve is the
official within the executive part of the Coast Guard who,
subject to the authority, direction, and control of the
Secretary [of Transportation] of Homeland Security and the
Commandant, is responsible for preparation, justification, and
execution of the personnel, operation and maintenance, and
construction budgets for the Coast Guard Reserve. As such, the
Director of the Coast Guard Reserve is the director and
functional manager of appropriations made for the Coast Guard
Reserve in those areas.
(e) Annual Report.--The Director of the Coast Guard Reserve
shall submit to the Secretary [of Transportation] of Homeland
Security and the Secretary of Defense an annual report on the
state of the Coast Guard Reserve and the ability of the Coast
Guard Reserve to meet its missions. The report shall be
prepared in conjunction with the Commandant and may be
submitted in classified and unclassified versions.
* * * * * * *
CHAPTER 5--FUNCTIONS AND POWERS
* * * * * * *
Sec. 95. Special agents of the Coast Guard Investigative Service law
enforcement authority
(a) * * *
* * * * * * *
(c) The authority provided under subsection (a) shall be
exercised in accordance with guidelines prescribed by the
Commandant and approved by the Attorney General and any other
applicable guidelines prescribed by the Secretary [of
Transportation] of Homeland Security or the Attorney General.
* * * * * * *
CHAPTER 7--COOPERATION WITH OTHER AGENCIES
* * * * * * *
Sec. 145. Navy Department
(a) * * *
* * * * * * *
(c) When the Coast Guard is operating in the Department [of
Transportation] of Homeland Security, the Secretary shall
provide for such peacetime training and planning of reserve
strength and facilities as is necessary to insure an organized,
manned, and equipped Coast Guard when it is required for
wartime operation in the Navy. To this end, the Secretary of
the Navy for the Navy, and the Secretary [of Transportation] of
Homeland Security, for the Coast Guard, may from time to time
exchange such information, make available to each other such
personnel, vessels, facilities, and equipment, and agree to
undertake such assignments and functions for each other as they
may agree are necessary and advisable.
* * * * * * *
CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS
* * * * * * *
Sec. 516. Presentation of United States flag upon retirement
(a) Presentation of Flag.--Upon the release of a member of
the Coast Guard from active duty for retirement, the Secretary
[of Transportation] of Homeland Security shall present a United
States flag to the member.
* * * * * * *
CHAPTER 17--ADMINISTRATION
* * * * * * *
Sec.
631. Delegation of powers by the Secretary.
* * * * * * *
[673] 673a. Small boat station rescue capability.
* * * * * * *
Sec. 666. Local hire
(a) Notwithstanding any other law, each contract awarded by
the Coast Guard for construction or services to be performed in
whole or in part in a State that has an unemployment rate in
excess of the national average rate of unemployment (as
determined by the Secretary of Labor) shall include a provision
requiring the contractor to employ, for the purpose of
performing that portion of the contract in that State,
individuals who are local residents and who, in the case of any
craft or trade, possess or would be able to acquire promptly
the necessary skills. The Secretary [of Transportation] of
Homeland Security may waive the requirements of this subsection
in the interest of national security or economic efficiency.
* * * * * * *
Sec. 669. Telephone installation and charges
Under regulations prescribed by the Secretary, amounts
appropriated to the Department [of Transportation] of Homeland
Security are available to install, repair, and maintain
telephone wiring in residences owned or leased by the United
States Government and, if necessary for national defense
purposes in other private residences.
* * * * * * *
Sec. 673. Designation, powers, and accountability of deputy disbursing
officials
(a)(1) * * *
* * * * * * *
(3) A disbursing official may make a designation under
paragraph (1) only with the approval of the Secretary [of
Transportation] of Homeland Security (when the Coast Guard is
not operating as a service in the Navy).
* * * * * * *
[Sec. 673] Sec. 673a. Small boat station rescue capability
The Secretary [of Transportation] of Homeland Security shall
ensure that each Coast Guard small boat station (including a
seasonally operated station) maintains, within the area of
responsibility for the station, at least 1 vessel that is fully
capable of performing offshore rescue operations, taking into
consideration prevailing weather, marine conditions, and
depositional geologic features such as sand bars.
Sec. 674. Small boat station closures
(a) Closures.--The Secretary [of Transportation] of Homeland
Security may not close a Coast Guard multimission small boat
station or subunit unless the Secretary--
(1) * * *
* * * * * * *
CHAPTER 18--COAST GUARD HOUSING AUTHORITIES
* * * * * * *
Sec. 687. Coast Guard Housing Fund
(a) * * *
(b) Credits to Fund.--There shall be credited to the Fund the
following:
(1) * * *
(2) Subject to subsection (e), any amounts that the
Secretary transfers, in such amounts as provided in
appropriation Acts, to that Fund from amounts
authorized and appropriated to the Department [of
Transportation] of Homeland Security or Coast Guard for
the acquisition or construction of military family
housing or unaccompanied housing.
* * * * * * *
Sec. 688. Reports
The Secretary shall include each year in the materials the
Secretary submits to the Congress in support of the budget
submitted by the President pursuant to section 1105 of title
31, the following:
(1) * * *
* * * * * * *
(4) A description of the objectives of the Department
[of Transportation] of Homeland Security for providing
military family housing and military unaccompanied
housing for members of the Coast Guard.
* * * * * * *
----------
TITLE 10, UNITED STATES CODE
* * * * * * *
Subtitle A--General Military Law
* * * * * * *
PART I--ORGANIZATION AND GENERAL MILITARY POWERS
* * * * * * *
CHAPTER 1--DEFINITIONS
* * * * * * *
Sec. 101. Definitions
(a) In General.--The following definitions apply in this
title:
(1) * * *
* * * * * * *
(9) The term ``Secretary concerned'' means--
(A) * * *
* * * * * * *
(D) the Secretary [of Transportation] of
Homeland Security, with respect to matters
concerning the Coast Guard when it is not
operating as a service in the Department of the
Navy.
* * * * * * *
CHAPTER 3--GENERAL POWERS AND FUNCTIONS
* * * * * * *
Sec. 130b. Personnel in overseas, sensitive, or routinely deployable
units: nondisclosure of personally identifying
information
(a) Exemption From Disclosure.--The Secretary of Defense and,
with respect to the Coast Guard when it is not operating as a
service in the Navy, the Secretary [of Transportation] of
Homeland Security may, notwithstanding section 552 of title 5,
authorize to be withheld from disclosure to the public
personally identifying information regarding--
(1) * * *
* * * * * * *
(c) Definitions.--In this section:
(1) * * *
* * * * * * *
(4) The term ``sensitive unit'' means a unit that is
primarily involved in training for the conduct of, or
conducting, special activities or classified missions,
including--
(A) * * *
* * * * * * *
(C) any other unit that is designated as a
sensitive unit by the Secretary of Defense or,
in the case of the Coast Guard when it is not
operating as a service in the Navy, by the
Secretary [of Transportation] of Homeland
Security.
* * * * * * *
Sec. 130c. Nondisclosure of information: certain sensitive information
of foreign governments and international
organizations
(a) * * *
* * * * * * *
(h) Definitions.--In this section:
(1) The term ``national security official concerned''
means the following:
(A) * * *
(B) The Secretary [of Transportation] of
Homeland Security, with respect to information
of concern to the Coast Guard, as determined by
the Secretary, but only while the Coast Guard
is not operating as a service in the Navy.
* * * * * * *
CHAPTER 18--MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
* * * * * * *
Sec. 379. Assignment of Coast Guard personnel to naval vessels for law
enforcement purposes
(a) The Secretary of Defense and the Secretary [of
Transportation] of Homeland Security shall provide that there
be assigned on board every appropriate surface naval vessel at
sea in a drug-interdiction area members of the Coast Guard who
are trained in law enforcement and have powers of the Coast
Guard under title 14, including the power to make arrests and
to carry out searches and seizures.
(b) Members of the Coast Guard assigned to duty on board
naval vessels under this section shall perform such law
enforcement functions (including drug-interdiction functions)--
(1) as may be agreed upon by the Secretary of Defense
and the Secretary [of Transportation] of Homeland
Security; and
(2) as are otherwise within the jurisdiction of the
Coast Guard.
(c) No fewer than 500 active duty personnel of the Coast
Guard shall be assigned each fiscal year to duty under this
section. However, if at any time the Secretary [of
Transportation] of Homeland Security, after consultation with
the Secretary of Defense, determines that there are
insufficient naval vessels available for purposes of this
section, such personnel may be assigned other duty involving
enforcement of laws listed in section 374(b)(4)(A) of this
title.
* * * * * * *
PART II--PERSONNEL
* * * * * * *
CHAPTER 31--ENLISTMENTS
* * * * * * *
Sec. 513. Enlistments: Delayed Entry Program
(a) * * *
* * * * * * *
(d) This section shall be carried out under regulations to be
prescribed by the Secretary of Defense or the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy.
* * * * * * *
CHAPTER 33A--APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION AND
RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY LIST
* * * * * * *
Sec. 575. Recommendations for promotion by selection boards
(a) * * *
(b)(1) * * *
(2) The number of officers recommended for promotion from
below the promotion zone may not exceed 10 percent of the total
number recommended, except that the Secretary of Defense and
the Secretary [of Transportation] of Homeland Security, when
the Coast Guard is not operating as a service in the Navy, may
authorize such percentage to be increased to not more than 15
percent. If the number determined under this subsection with
respect to a promotion zone within a grade (or grade and
competitive category) is less than one, the board may recommend
one such officer for promotion from below the zone within that
grade (or grade and competitive category).
* * * * * * *
Sec. 580. Regular warrant officers twice failing of selection for
promotion: involuntary retirement or separation
(a) * * *
* * * * * * *
(e)(1) * * *
* * * * * * *
(6) The Secretary of Defense and the Secretary [of
Transportation] of Homeland Security, when the Coast Guard is
not operating as a service in the Navy, shall prescribe
regulations for the administration of this subsection.
Sec. 580a. Enhanced authority for selective early discharges
(a) * * *
* * * * * * *
(e) This section applies to the Secretary [of Transportation]
of Homeland Security in the same manner and to the same extent
as it applies to the Secretary of Defense. The Commandant of
the Coast Guard shall take the action set forth in subsection
(b) with respect to regular warrant officers of the Coast
Guard.
* * * * * * *
CHAPTER 37--GENERAL SERVICE REQUIREMENTS
* * * * * * *
Sec. 651. Members: required service
(a) Each person who becomes a member of an armed force, other
than a person deferred under the next to the last sentence of
section 6(d)(1) of the Military Selective Service Act (50
U.S.C. App. 456(d)(1)) shall serve in the armed forces for a
total initial period of not less than six years nor more than
eight years, as provided in regulations prescribed by the
Secretary of Defense for the armed forces under his
jurisdiction and by the Secretary [of Transportation] of
Homeland Security for the Coast Guard when it is not operating
as a service in the Navy, unless such person is sooner
discharged under such regulations because of personal hardship.
Any part of such service that is not active duty or that is
active duty for training shall be performed in a reserve
component.
* * * * * * *
CHAPTER 39--ACTIVE DUTY
* * * * * * *
Sec. 671. Members not to be assigned outside United States before
completing training
(a) * * *
* * * * * * *
(c)(1) * * *
(2) The Secretary of Defense, and the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, shall
prescribe regulations for the purposes of paragraph (1). The
regulations prescribed by the Secretary of Defense shall apply
uniformly to the military departments.
* * * * * * *
CHAPTER 40--LEAVE
* * * * * * *
Sec. 708. Educational leave of absence
(a) Under such regulations as the Secretary of Defense may
prescribe after consultation with the Secretary [of
Transportation] of Homeland Security and subject to subsection
(b), the Secretary concerned may grant to any eligible member
(as defined in subsection (e)) a leave of absence for a period
of not to exceed two years for the purposes of permitting the
member to pursue a program of education.
* * * * * * *
CHAPTER 41--SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
* * * * * * *
Sec. 716. Commissioned officers: transfers among the armed forces, the
National Oceanic and Atmospheric Administration,
and the Public Health Service
(a) Notwithstanding any other provision of law, the
President, within authorized strengths and with the consent of
the officer involved, may transfer any commissioned officer of
a uniformed service from his uniformed service to, and appoint
him in, another uniformed service. The Secretary of Defense,
the Secretary [of Transportation] of Homeland Security, the
Secretary of Commerce, and the Secretary of Health and Human
Services shall jointly establish, by regulations approved by
the President, policies and procedures for such transfers and
appointments.
* * * * * * *
Sec. 717. Members of the armed forces: participation in international
sports
(a) The Secretary of Defense, or the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, may
permit members of the armed forces under his jurisdiction to
train for, attend, and participate in--
(1) * * *
* * * * * * *
(b) Subject to subsections (c) and (d), the Secretary of
Defense or the Secretary [of Transportation] of Homeland
Security, as the case may be, may spend such funds, and acquire
and use such supplies, as he determines to be necessary to
provide for--
(1) * * *
* * * * * * *
(d) Appropriations available to the Department of Defense or
to the Department [of Transportation] of Homeland Security, as
the case may be, may be used to carry out this section.
* * * * * * *
CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
* * * * * * *
SUBCHAPTER I--GENERAL PROVISIONS
* * * * * * *
Sec. 801. Article 1. Definitions
In this chapter:
(1) The term ``Judge Advocate General'' means,
severally, the Judge Advocates General of the Army,
Navy, and Air Force and, except when the Coast Guard is
operating as a service in the Navy, [the General
Counsel of the Department of Transportation] an
official designated to serve as Judge Advocate General
of the Coast Guard by the Secretary of Homeland
Security.
* * * * * * *
Sec. 806. Art. 6. Judge advocates and legal officers
(a) * * *
* * * * * * *
(d)(1) * * *
(2) The Secretary of Defense, and the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, shall
prescribe regulations providing that reimbursement may be a
condition of assistance by judge advocates assigned or detailed
under section 973(b)(2)(B) of this title.
* * * * * * *
SUBCHAPTER III--NON-JUDICIAL PUNISHMENT
* * * * * * *
Sec. 815. Art. 15. Commanding officer's non-judicial punishment
(a) * * *
* * * * * * *
(e) A person punished under this article who considers his
punishment unjust or disproportionate to the offense may,
through the proper channel, appeal to the next superior
authority. The appeal shall be promptly forwarded and decided,
but the person punished may in the meantime be required to
undergo the punishment adjudged. The superior authority may
exercise the same powers with respect to the punishment imposed
as may be exercised under subsection (d) by the officer who
imposed the punishment. Before acting on an appeal from a
punishment of--
(1) * * *
* * * * * * *
the authority who is to act on the appeal shall refer the case
to a judge advocate or a lawyer of the Department [of
Transportation] of Homeland Security for consideration and
advice, and may so refer the case upon appeal from any
punishment imposed under subsection (b).
* * * * * * *
SUBCHAPTER X--PUNITIVE ARTICLES
* * * * * * *
Sec. 888. Art. 88. Contempt toward officials
Any commissioned officer who uses contemptuous words against
the President, the Vice President, Congress, the Secretary of
Defense, the Secretary of a military department, the Secretary
[of Transportation] of Homeland Security, or the Governor or
legislature of any State, Territory, Commonwealth, or
possession in which he is on duty or present shall be punished
as a court-martial may direct.
* * * * * * *
SUBCHAPTER XII--UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
* * * * * * *
Sec. 946. Art. 146. Code committee
(a) * * *
* * * * * * *
(c) Reports.--(1) After each such survey, the committee shall
submit a report--
(A) * * *
(B) to the Secretary of Defense, the Secretaries of
the military departments, and the Secretary [of
Transportation] of Homeland Security.
* * * * * * *
CHAPTER 49--MISCELLANEOUS PROHIBITIONS AND PENALTIES
* * * * * * *
Sec. 973. Duties: officers on active duty; performance of civil
functions restricted
(a) * * *
* * * * * * *
(d) The Secretary of Defense, and the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating in the Navy, shall prescribe
regulations to implement this section.
* * * * * * *
Sec. 978. Drug and alcohol abuse and dependency: testing of new
entrants
(a) * * *
* * * * * * *
(d) The testing and evaluation required by subsection (a)
shall be carried out under regulations prescribed by the
Secretary of Defense in consultation with the Secretary [of
Transportation] of Homeland Security. Those regulations shall
apply uniformly throughout the armed forces.
* * * * * * *
Sec. 983. Institutions of higher education that prevent ROTC access or
military recruiting on campus: denial of grants and
contracts from Department of Defense, Department of
Education, and certain other departments and
agencies
(a) * * *
(b) Denial of Funds for Preventing Military Recruiting on
Campus.--No funds described in subsection (d)(2) may be
provided by contract or by grant (including a grant of funds to
be available for student aid) to an institution of higher
education (including any subelement of such institution) if the
Secretary of Defense determines that that institution (or any
subelement of that institution) has a policy or practice
(regardless of when implemented) that either prohibits, or in
effect prevents--
(1) the Secretary of a military department or
Secretary [of Transportation] of Homeland Security from
gaining entry to campuses, or access to students (who
are 17 years of age or older) on campuses, for purposes
of military recruiting; or
* * * * * * *
(d) Covered Funds.--(1) * * *
(2) The limitation established in subsection (b) applies to
the following:
(A) Funds described in paragraph (1).
(B) Any funds made available for the Department [of
Transportation] of Homeland Security.
* * * * * * *
Sec. 985. Persons convicted of capital crimes: denial of certain
burial-related benefits
(a) Prohibition of Performance of Military Honors.--The
Secretary of a military department and the Secretary [of
Transportation] of Homeland Security, with respect to the Coast
Guard when it is not operating as a service in the Navy, may
not provide military honors at the funeral or burial of a
person who has been convicted of a capital offense under
Federal or State law for which the person was sentenced to
death or life imprisonment without parole.
* * * * * * *
CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS
* * * * * * *
Sec. 1033. Participation in management of specified non-Federal
entities: authorized activities
(a) * * *
(b) Designated Entities.--(1) The Secretary of Defense, and
the Secretary [of Transportation] of Homeland Security in the
case of the Coast Guard when it is not operating as a service
in the Navy, shall designate those entities for which
authorization under subsection (a) may be provided. The list of
entities so designated may not be revised more frequently than
semiannually. In making such designations, the Secretary shall
designate each military welfare society and may designate any
other entity described in paragraph (3). No other entities may
be designated.
* * * * * * *
(d) Regulations.--The Secretary of Defense, and the Secretary
[of Transportation] of Homeland Security in the case of the
Coast Guard when it is not operating as a service in the Navy,
shall prescribe regulations to carry out this section.
Sec. 1034. Protected communications; prohibition of retaliatory
personnel actions
(a) * * *
* * * * * * *
(c) Inspector General Investigation of Allegations of
Prohibited Personnel Actions.--(1) * * *
* * * * * * *
(5) The Inspector General of the Department of Defense, or
the Inspector General of the Department [of Transportation] of
Homeland Security (in the case of a member of the Coast Guard
when the Coast Guard is not operating as a service in the
Navy), shall ensure that the Inspector General conducting the
investigation of an allegation under this subsection is outside
the immediate chain of command of both the member submitting
the allegation and the individual or individuals alleged to
have taken the retaliatory action.
* * * * * * *
(e) Reports on Investigations.--(1) After completion of an
investigation under subsection (c) or (d) or, in the case of an
investigation under subsection (c) by an Inspector General
within a military department, after approval of the report of
that investigation under subsection (c)(3)(E), the Inspector
General conducting the investigation shall submit a report on
the results of the investigation to the Secretary of Defense
(or to the Secretary [of Transportation] of Homeland Security
in the case of a member of the Coast Guard when the Coast Guard
is not operating as a service in the Navy) and shall transmit a
copy of the report on the results of the investigation to the
member of the armed forces who made the allegation
investigated. The report shall be transmitted to the Secretary,
and the copy of the report shall be transmitted to the member,
not later than 30 days after the completion of the
investigation or, in the case of an investigation under
subsection (c) by an Inspector General within a military
department, after approval of the report of that investigation
under subsection (c)(3)(E).
* * * * * * *
(3) If, in the course of an investigation of an allegation
under this section, the Inspector General determines that it is
not possible to submit the report required by paragraph (1)
within 180 days after the date of receipt of the allegation
being investigated, the Inspector General shall provide to the
Secretary of Defense (or to the Secretary [of Transportation]
of Homeland Security in the case of a member of the Coast Guard
when the Coast Guard is not operating as a service in the Navy)
and to the member making the allegation a notice--
(A) * * *
* * * * * * *
(h) Regulations.--The Secretary of Defense, and the Secretary
[of Transportation] of Homeland Security with respect to the
Coast Guard when it is not operating as a service in the Navy,
shall prescribe regulations to carry out this section.
(i) Definitions.--In this section:
(1) * * *
(2) The term ``Inspector General'' means any of the
following:
(A) The Inspector General of the Department
of Defense.
(B) The Inspector General of the Department
[of Transportation] of Homeland Security, in
the case of a member of the Coast Guard when
the Coast Guard is not operating as a service
in the Navy.
* * * * * * *
Sec. 1037. Counsel before foreign judicial tribunals and administrative
agencies; court costs and bail
(a) * * *
* * * * * * *
(c) Appropriations available to the military department
concerned or the Department [of Transportation] of Homeland
Security, as the case may be, for the pay of persons under its
jurisdiction may be used to carry out this section.
* * * * * * *
Sec. 1044d. Military testamentary instruments: requirement for
recognition by States
(a) * * *
* * * * * * *
(f ) Regulations.--Regulations for the purposes of this
section shall be prescribed jointly by the Secretary of Defense
and by the Secretary [of Transportation] of Homeland Security
with respect to the Coast Guard when it is not operating as a
service in the Department of the Navy.
* * * * * * *
Sec. 1058. Responsibilities of military law enforcement officials at
scenes of domestic violence
(a) * * *
* * * * * * *
(c) Regulations.--The Secretary of Defense, and the Secretary
[of Transportation] of Homeland Security with respect to the
Coast Guard when it is not operating as a service in the Navy,
shall prescribe by regulation the definition of ``domestic
violence'' for purposes of this section and such other
regulations as may be necessary for purposes of this section.
* * * * * * *
Sec. 1059. Dependents of members separated for dependent abuse:
transitional compensation; commissary and exchange
benefits
(a) Authority To Pay Compensation.--The Secretary of Defense,
with respect to the armed forces (other than the Coast Guard
when it is not operating as a service in the Navy), and the
Secretary [of Transportation] of Homeland Security, with
respect to the Coast Guard when it is not operating as a
service in the Navy, may each establish a program to pay
monthly transitional compensation in accordance with this
section to dependents or former dependents of a member of the
armed forces described in subsection (b). Upon establishment of
such a program, the program shall apply in the case of each
such member described in subsection (b) who is under the
jurisdiction of the Secretary establishing the program.
* * * * * * *
(k) Regulations.--(1) The Secretary of Defense shall
prescribe regulations to carry out this section with respect to
the armed forces (other than the Coast Guard when it is not
operating as a service in the Navy). The Secretary [of
Transportation] of Homeland Security shall prescribe
regulations to carry out this section with respect to the Coast
Guard when it is not operating as a service in the Navy.
* * * * * * *
CHAPTER 55--MEDICAL AND DENTAL CARE
* * * * * * *
Sec. 1073. Administration of this chapter
(a) Responsible Officials.--Except as otherwise provided in
this chapter, the Secretary of Defense shall administer this
chapter for the armed forces under his jurisdiction, the
Secretary [of Transportation] of Homeland Security shall
administer this chapter for the Coast Guard when the Coast
Guard is not operating as a service in the Navy, and the
Secretary of Health and Human Services shall administer this
chapter for the National Oceanic and Atmospheric Administration
and the Public Health Service. This chapter shall be
administered consistent with the Assisted Suicide Funding
Restriction Act of 1997 (42 U.S.C. 14401 et seq.).
* * * * * * *
Sec. 1074. Medical and dental care for members and certain former
members
(a) * * *
* * * * * * *
(c)(1) Funds appropriated to a military department, the
Department [of Transportation] of Homeland Security (with
respect to the Coast Guard when it is not operating as a
service in the Navy), or the Department of Health and Human
Services (with respect to the National Oceanic and Atmospheric
Administration and the Public Health Service) may be used to
provide medical and dental care to persons entitled to such
care by law or regulations, including the provision of such
care (other than elective private treatment) in private
facilities for members of the armed forces. If a private
facility or health care provider providing care under this
subsection is a health care provider under the Civilian Health
and Medical Program of the Uniformed Services, the Secretary of
Defense, after consultation with the other administering
Secretaries, may by regulation require the private facility or
health care provider to provide such care in accordance with
the same payment rules (subject to any modifications considered
appropriate by the Secretary) as apply under that program.
* * * * * * *
Sec. 1089. Defense of certain suits arising out of medical malpractice
(a) * * *
* * * * * * *
(g) In this section, the term ``head of the agency
concerned'' means--
(1) the Director of Central Intelligence, in the case
of an employee of the Central Intelligence Agency;
(2) the Secretary [of Transportation] of Homeland
Security, in the case of a member or employee of the
Coast Guard when it is not operating as a service in
the Navy;
* * * * * * *
Sec. 1090. Identifying and treating drug and alcohol dependence
The Secretary of Defense, and the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, shall
prescribe regulations, implement procedures using each
practical and available method, and provide necessary
facilities to identify, treat, and rehabilitate members of the
armed forces who are dependent on drugs or alcohol.
Sec. 1091. Personal services contracts
(a) Authority.--(1) The Secretary of Defense, with respect to
medical treatment facilities of the Department of Defense, and
the Secretary [of Transportation] of Homeland Security, with
respect to medical treatment facilities of the Coast Guard when
the Coast Guard is not operating as a service in the Navy, may
enter into personal services contracts to carry out health care
responsibilities in such facilities, as determined to be
necessary by the Secretary. The authority provided in this
subsection is in addition to any other contract authorities of
the Secretary, including authorities relating to the management
of such facilities and the administration of this chapter.
(2) The Secretary of Defense, and the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, may
also enter into personal services contracts to carry out other
health care responsibilities of the Secretary (such as the
provision of medical screening examinations at Military
Entrance Processing Stations) at locations outside medical
treatment facilities, as determined necessary pursuant to
regulations prescribed by the Secretary. The Secretary may not
enter into a contract under this paragraph after December 31,
2002.
* * * * * * *
CHAPTER 57--DECORATIONS AND AWARDS
* * * * * * *
Sec. 1124. Cash awards for disclosures, suggestions, inventions, and
scientific achievements
(a) The Secretary of Defense, or the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, may
authorize the payment of a cash award to, and incur necessary
expense for the honorary recognition of, a member of the armed
forces under his jurisdiction who by his disclosure,
suggestion, invention, or scientific achievement contributes to
the efficiency, economy, or other improvement of operations or
programs relating to the armed forces.
(b) Whenever the President considers it desirable, the
Secretary of Defense, and the Secretary [of Transportation] of
Homeland Security with respect to the Coast Guard when it is
not operating as a service in the Navy, are authorized to pay a
cash award to, and incur necessary expense for the honorary
recognition of, a member of the armed forces who by his
disclosure, suggestion, invention, or scientific achievement
contributes to the efficiency, economy, or other improvement of
operations of the Government of the United States. Such award
is in addition to any other award made to that member under
subsection (a).
* * * * * * *
(g) Awards under this section shall be made under regulations
to be prescribed by the Secretary of Defense, or by the
Secretary [of Transportation] of Homeland Security with respect
to the Coast Guard when it is not operating as a service in the
Navy.
* * * * * * *
CHAPTER 58--BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR
RECENTLY SEPARATED
* * * * * * *
Sec. 1143. Employment assistance
(a) Employment Skills Verification.--The Secretary of Defense
and the Secretary [of Transportation] of Homeland Security with
respect to the Coast Guard shall provide to members of the
armed forces who are discharged or released from active duty a
certification or verification of any job skills and experience
acquired while on active duty that may have application to
employment in the civilian sector. The preceding sentence shall
be carried out in conjunction with the Secretary of Labor.
(b) Employment Assistance Centers.--The Secretary of Defense
shall establish permanent employment assistance centers at
appropriate military installations. The Secretary [of
Transportation] of Homeland Security shall establish permanent
employment assistance centers at appropriate Coast Guard
installations.
(c) Information to Civilian Entities.--For the purpose of
assisting members covered by subsection (a) and their spouses
in locating civilian employment and training opportunities, the
Secretary of Defense and the Secretary [of Transportation] of
Homeland Security shall establish and implement procedures to
release to civilian employers, organizations, State employment
agencies, and other appropriate entities the names (and other
pertinent information) of such members and their spouses. Such
names may be released for such purpose only with the consent of
such members and spouses.
(d) Employment Preference by Nonappropriated Fund
Instrumentalities.--The Secretary of Defense shall take such
steps as necessary to provide that members of Army, Navy, Air
Force, or Marine Corps who are involuntarily separated, and the
dependents of such members, shall be provided a preference in
hiring by nonappropriated fund instrumentalities of the
Department. Such preference shall be administered in the same
manner as the preference for military spouses provided under
section 1784(a)(2) of this title, except that a preference
under that section shall have priority over a preference under
this subsection. A person may receive a preference in hiring
under this subsection only once. The Secretary [of
Transportation] of Homeland Security shall provide the same
preference in hiring to involuntarily separated members of the
Coast Guard, and the dependents of such members, in Coast Guard
nonappropriated fund instrumentalities.
Sec. 1143a. Encouragement of postseparation public and community
service
(a) * * *
* * * * * * *
(h) Coast Guard.--This section shall apply to the Coast Guard
in the same manner and to the same extent as it applies to the
Department of Defense. The Secretary [of Transportation] of
Homeland Security shall implement the requirements of this
section for the Coast Guard.
* * * * * * *
Sec. 1144. Employment assistance, job training assistance, and other
transitional services: Department of Labor
(a) In General.--(1) The Secretary of Labor, in conjunction
with the Secretary of Defense, the Secretary [of
Transportation] of Homeland Security, and the Secretary of
Veterans Affairs, shall establish and maintain a program to
furnish counseling, assistance in identifying employment and
training opportunities, help in obtaining such employment and
training, and other related information and services to members
of the armed forces under the jurisdiction of the Secretary
concerned who are being separated from active duty and the
spouses of such members. Such services shall be provided to a
member within the time periods provided under paragraph (3) of
section 1142(a) of this title, except that the Secretary
concerned shall not provide preseparation counseling to a
member described in paragraph (4)(A) of such section.
(2) The Secretary of Defense, the Secretary [of
Transportation] of Homeland Security, and the Secretary of
Veterans Affairs shall cooperate with the Secretary of Labor in
establishing and maintaining the program under this section.
(3) The Secretaries referred to in paragraph (1) shall enter
into a detailed agreement to carry out this section.
(b) Elements of Program.--In establishing and carrying out a
program under this section, the Secretary of Labor shall do the
following:
(1) * * *
* * * * * * *
(4) Inform such members that the Department of
Defense and the Department [of Transportation] of
Homeland Security are required under section 1143(a) of
this title to provide proper certification or
verification of job skills and experience acquired
while on active duty that may have application to
employment in the civilian sector for use in seeking
civilian employment and in obtaining job search skills.
* * * * * * *
(c) Participation.--The Secretary of Defense and the
Secretary [of Transportation] of Homeland Security shall
encourage and otherwise promote maximum participation by
members of the armed forces eligible for assistance under the
program carried out under this section.
(d) Use of Personnel and Organizations.--In carrying out the
program established under this section, the Secretaries may--
(1) * * *
(2) use military and civilian personnel of the
Department of Defense and the Department [of
Transportation] of Homeland Security;
* * * * * * *
Sec. 1145. Health benefits
(a) * * *
* * * * * * *
(e) Coast Guard.--The Secretary [of Transportation] of
Homeland Security shall implement this section for the Coast
Guard.
* * * * * * *
Sec. 1148. Relocation assistance for personnel overseas
The Secretary of Defense and the Secretary [of
Transportation] of Homeland Security shall develop a program
specifically to assist members of the armed forces stationed
overseas who are preparing for discharge or release from active
duty, and the dependents of such members, in readjusting to
civilian life. The program shall focus on the special needs and
requirements of such members and dependents due to their
overseas locations and shall include, to the maximum extent
possible, computerized job relocation assistance and job search
information.
Sec. 1149. Excess leave and permissive temporary duty
Under regulations prescribed by the Secretary of Defense or
the Secretary [of Transportation] of Homeland Security with
respect to the Coast Guard, the Secretary concerned shall grant
a member of the armed forces who is to be involuntarily
separated such excess leave (for a period not in excess of 30
days), or such permissive temporary duty (for a period not in
excess of 10 days), as the member requires in order to
facilitate the member's carrying out necessary relocation
activities (such as job search and residence search
activities), unless to do so would interfere with military
missions.
Sec. 1150. Affiliation with Guard and Reserve units: waiver of certain
limitations
(a) * * *
* * * * * * *
(c) Coast Guard.--This section shall apply to the Coast Guard
in the same manner and to the same extent as it applies to the
Department of Defense. The Secretary [of Transportation] of
Homeland Security shall prescribe regulations to implement this
section for the Coast Guard.
* * * * * * *
Sec. 1152. Assistance to eligible members and former members to obtain
employment with law enforcement agencies
(a) Placement Program.--The Secretary of Defense, and the
Secretary [of Transportation] of Homeland Security with respect
to the Coast Guard, may enter into an agreement with the
Attorney General to establish or participate in a program to
assist eligible members and former members of the armed forces
to obtain employment as law enforcement officers with eligible
law enforcement agencies following the discharge or release of
such members or former members from active duty. Eligible law
enforcement agencies shall consist of State law enforcement
agencies, local law enforcement agencies, and Indian tribes
that perform law enforcement functions (as determined by the
Secretary of the Interior).
* * * * * * *
(d) Grants To Facilitate Employment.--(1) The Secretary of
Defense, and the Secretary [of Transportation] of Homeland
Security with respect to the Coast Guard, may provide funds to
the Attorney General for grants under this section to reimburse
participating eligible law enforcement agencies for costs,
including salary and fringe benefits, of employing members or
former members pursuant to a program referred to in subsection
(a).
* * * * * * *
Sec. 1153. Assistance to separated members to obtain employment with
health care providers
(a) Placement Program.--The Secretary of Defense, and the
Secretary [of Transportation] of Homeland Security with respect
to the Coast Guard, may establish a program to assist eligible
members of the armed forces to obtain employment with health
care providers upon their discharge or release from active
duty.
* * * * * * *
(c) Selection of Participants.--(1) The Secretary of Defense,
and the Secretary [of Transportation] of Homeland Security with
respect to the Coast Guard, shall select members to participate
in the program established under subsection (a) on the basis of
applications submitted to the Secretary concerned not later
than one year after the date of the discharge or release of the
members from active duty or, in the case of an applicant
becoming educationally qualified for teacher placement
assistance in accordance with subsection (b)(2), not later than
one year after the date on which the applicant becomes
educationally qualified. An application shall be in such form
and contain such information as the Secretaries may require.
(2) The Secretary of Defense, and the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard, may not select a member to participate in the program
unless the Secretary concerned has sufficient appropriations
for the placement program available at the time of the
selection to satisfy the obligations to be incurred by the
United States under subsection (d) with respect to that member.
* * * * * * *
(d) Grants to Facilitate Employment.--(1) The Secretary of
Defense and the Secretary [of Transportation] of Homeland
Security may enter into an agreement with a health care
provider to assist eligible members selected under subsection
(c) to obtain suitable employment with the health care
provider. Under such an agreement, a health care provider shall
agree to employ a participant in the program on a full-time
basis for at least five years.
* * * * * * *
(e) Agreements With States.--(1) In addition to the
agreements referred to in subsection (d)(1), the Secretary of
Defense, and the Secretary [of Transportation] of Homeland
Security with respect to the Coast Guard, may enter into an
agreement directly with a State to allow the State to arrange
the placement of participants in the program with health care
providers. Paragraphs (2) through (5) of subsection (d) shall
apply with respect to any placement made through such an
agreement.
* * * * * * *
CHAPTER 59--SEPARATION
* * * * * * *
Sec. 1175. Voluntary separation incentive
(a)(1) Consistent with this section and the availability of
appropriations for this purpose, the Secretary of Defense and
the Secretary [of Transportation] of Homeland Security may
provide a financial incentive to members of the armed forces
described in subsection (b) for voluntary appointment,
enlistment, or transfer to a reserve component, requested and
approved under subsection (c).
(2)(A) * * *
(B) If, before the expiration of the period otherwise
applicable under subparagraph (A) to a member receiving a
financial incentive under this section, the member is separated
from a reserve component or is transferred to the Retired
Reserve, the period for payment of a financial incentive to the
member under this section shall terminate on the date of the
separation or transfer unless--
(i) * * *
(ii) the separation or transfer is required by reason
of the failure of selection for promotion or the
medical disqualification of the member, except in a
case in which the Secretary of Defense or the Secretary
[of Transportation] of Homeland Security determines
that the basis for the separation or transfer is a
result of a deliberate action taken by the member with
the intent to avoid retention in the Ready Reserve or
Standby Reserve; or
* * * * * * *
(b) The Secretary of Defense and the Secretary [of
Transportation] of Homeland Security may provide the incentive
to a member of the armed forces if the member--
(1) * * *
* * * * * * *
(g) Subject to subsection (h), payments under this provision
shall be paid from appropriations available to the Department
of Defense and the Department [of Transportation] of Homeland
Security for the Coast Guard.
* * * * * * *
(i) The Secretary of Defense and the Secretary [of
Transportation] of Homeland Security may issue such regulations
as may be necessary to carry out this section.
* * * * * * *
CHAPTER 61--RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
* * * * * * *
Sec. 1212. Disability severance pay
(a) Upon separation from his armed force under section 1203
or 1206 of this title, a member is entitled to disability
severance pay computed by multiplying (1) his years of service,
but not more than 12, computed under section 1208 of this
title, by (2) the highest of the following amounts:
(A) * * *
(B) Twice the amount of monthly basic pay to which he
would be entitled if serving (i) on active duty on the
date when his name was placed on the temporary
disability retired list or, if his name was not carried
on that list, on the date when he is separated, and
(ii) in any temporary grade or rank higher than that
described in clause (A), in which he served
satisfactorily as determined by the Secretary of the
military department or the Secretary [of
Transportation] of Homeland Security, as the case may
be, having jurisdiction over the armed force from which
he is separated.
* * * * * * *
CHAPTER 71--COMPUTATION OF RETIRED PAY
* * * * * * *
Sec. 1408. Payment of retired or retainer pay in compliance with court
orders
(a) * * *
* * * * * * *
(h) Benefits for Dependents Who Are Victims of Abuse by
Members Losing Right to Retired Pay.--(1) * * *
(2) A spouse or former spouse of a member or former member of
the armed forces is eligible to receive payment under this
subsection if--
(A) the member or former member, while a member of
the armed forces and after becoming eligible to be
retired from the armed forces on the basis of years of
service, has eligibility to receive retired pay
terminated as a result of misconduct while a member
involving abuse of a spouse or dependent child (as
defined in regulations prescribed by the Secretary of
Defense or, for the Coast Guard when it is not
operating as a service in the Navy, by the Secretary
[of Transportation] of Homeland Security); and
* * * * * * *
(8) Payments in accordance with this subsection shall be made
out of funds in the Department of Defense Military Retirement
Fund established by section 1461 of this title or, in the case
of the Coast Guard, out of funds appropriated to the Department
[of Transportation] of Homeland Security for payment of retired
pay for the Coast Guard.
* * * * * * *
CHAPTER 74--DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND
* * * * * * *
Sec. 1463. Payments from the Fund
(a) There shall be paid from the Fund--
(1) * * *
(2) retired pay payable under chapter 1223 of this
title to former members of the armed forces (other than
retired pay payable by the Secretary [of
Transportation] of Homeland Security);
* * * * * * *
CHAPTER 75--DECEASED PERSONNEL
* * * * * * *
SUBCHAPTER II--DEATH BENEFITS
* * * * * * *
Sec. 1482a. Expenses incident to death: civilian employees serving with
an armed force
(a) * * *
(b) Regulations.--The Secretary of Defense shall prescribe
regulations to implement this section. The Secretary [of
Transportation] of Homeland Security shall prescribe
regulations to implement this section with regard to civilian
employees of the Department [of Transportation] of Homeland
Security. Regulations under this subsection shall be uniform to
the extent possible and shall provide for the Secretary's
consideration of the conditions and circumstances surrounding
the death of an employee and the nature of the employee's
service with the armed force.
* * * * * * *
CHAPTER 76--MISSING PERSONS
* * * * * * *
Sec. 1510. Applicability to Coast Guard
(a) Designated Officer To Have Responsibility.--The
Secretary [of Transportation] of Homeland Security shall
designate an officer of the Department [of Transportation] of
Homeland Security to have responsibility within the Department
[of Transportation] of Homeland Security for matters relating
to missing persons who are members of the Coast Guard.
(b) Procedures.--The Secretary [of Transportation] of
Homeland Security shall prescribe procedures for the
determination of the status of persons described in section
1501(c) of this title who are members of the Coast Guard and
for the collection, analysis, review, and update of information
on such persons. To the maximum extent practicable, the
procedures prescribed under this section shall be similar to
the procedures prescribed by the Secretary of Defense under
section 1501(b) of this title.
* * * * * * *
CHAPTER 79--CORRECTION OF MILITARY RECORDS
* * * * * * *
Sec. 1552. Correction of military records: claims incident thereto
(a)(1) The Secretary of a military department may correct any
military record of the Secretary's department when the
Secretary considers it necessary to correct an error or remove
an injustice. Except as provided in paragraph (2), such
corrections shall be made by the Secretary acting through
boards of civilians of the executive part of that military
department. The Secretary [of Transportation] of Homeland
Security may in the same manner correct any military record of
the Coast Guard.
* * * * * * *
CHAPTER 80--MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
* * * * * * *
Sec. 1565. DNA identification information: collection from certain
offenders; use
(a) * * *
* * * * * * *
(f ) Regulations.--This section shall be carried out under
regulations prescribed by the Secretary of Defense, in
consultation with the Secretary [of Transportation] of Homeland
Security and the Attorney General. Those regulations shall
apply, to the extent practicable, uniformly throughout the
armed forces.
* * * * * * *
CHAPTER 81--CIVILIAN EMPLOYEES
* * * * * * *
Sec. 1588. Authority to accept certain voluntary services
(a) * * *
* * * * * * *
(f) Authority To Install Equipment.--(1) * * *
* * * * * * *
(4) The Secretary of Defense and, with respect to the Coast
Guard when it is not operating as a service in the Navy, the
Secretary [of Transportation] of Homeland Security shall
prescribe regulations to carry out this subsection.
* * * * * * *
Sec. 1589. Participation in management of specified non-Federal
entities: authorized activities
(a) Authorization.--(1) * * *
(2) Paragraph (1) applies to any employee of the Department
of Defense or, in the case of the Coast Guard when not
operating as a service in the Navy, of the Department [of
Transportation] of Homeland Security. For purposes of this
section, the term ``employee'' includes a civilian officer.
(b) Designated Entities.--The Secretary of Defense, and the
Secretary [of Transportation] of Homeland Security in the case
of the Coast Guard when it is not operating as a service in the
Navy, shall designate those entities for which authorization
under subsection (a) may be provided. The list of entities so
designated may not be revised more frequently than
semiannually. In making such designations, the Secretary shall
designate each military welfare society named in paragraph (2)
of section 1033(b) of this title and may designate any other
entity described in paragraph (3) of such section. No other
entities may be designated.
* * * * * * *
(e) Regulations.--The Secretary of Defense, and the Secretary
[of Transportation] of Homeland Security in the case of the
Coast Guard when it is not operating as a service in the Navy,
shall prescribe regulations to carry out this section.
* * * * * * *
PART III--TRAINING AND EDUCATION
* * * * * * *
CHAPTER 101--TRAINING GENERALLY
* * * * * * *
Sec. 2002. Dependents of members of armed forces: language training
(a) Notwithstanding section 701(b) of the Foreign Service Act
of 1980 (22 U.S.C. 4021(b)) or any other provision of law, and
under regulations to be prescribed by the Secretary of Defense
or, with respect to the Coast Guard when it is not operating as
a service in the Navy, the Secretary [of Transportation] of
Homeland Security, language training may be provided in--
(1) * * *
* * * * * * *
PART IV--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
CHAPTER 137--PROCUREMENT GENERALLY
* * * * * * *
Sec. 2302. Definitions
In this chapter:
(1) The term ``head of an agency'' means the
Secretary of Defense, the Secretary of the Army, the
Secretary of the Navy, the Secretary of the Air Force,
the Secretary [of Transportation] of Homeland Security,
and the Administrator of the National Aeronautics and
Space Administration.
* * * * * * *
Sec. 2306b. Multiyear contracts: acquisition of property
(a) * * *
(b) Regulations.--(1) * * *
(2)(A) * * *
(B) The Secretary [of Transportation] of Homeland Security
shall prescribe the regulations applicable to the Coast Guard,
except that the regulations prescribed by the Secretary of
Defense shall apply to the Coast Guard when it is operating as
a service in the Navy.
* * * * * * *
Sec. 2323. Contract goal for small disadvantaged businesses and certain
institutions of higher education
(a) * * *
* * * * * * *
(j) Definitions.--In this section:
(1) * * *
(2) The term ``head of an agency'' means the
Secretary of Defense, the Secretary [of Transportation]
of Homeland Security, and the Administrator of the
National Aeronautics and Space Administration.
* * * * * * *
CHAPTER 140--PROCUREMENT OF COMMERCIAL ITEMS
* * * * * * *
Sec. 2376. Definitions
In this chapter:
(1) * * *
(2) The term ``head of an agency'' means the
Secretary of Defense, the Secretary [of Transportation]
of Homeland Security, and the Administrator of the
National Aeronautics and Space Administration.
* * * * * * *
CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
* * * * * * *
Sec. 2396. Advances for payments for compliance with foreign laws, rent
in foreign countries, tuition, public utility
services, and pay and supplies of armed forces of
friendly foreign countries
(a) * * *
(b)(1) Under regulations prescribed by the Secretary of
Defense, or by the Secretary [of Transportation] of Homeland
Security with respect to the Coast Guard when it is not
operating as a service of the Navy, an officer of an armed
force of the United States accountable for public money may
advance amounts to a disbursing official of a friendly foreign
country or members of an armed force of a friendly foreign
country for--
(A) * * *
* * * * * * *
Sec. 2410a. Severable service contracts for periods crossing fiscal
years
(a) Authority.--The Secretary of Defense, the Secretary of a
military department, or the Secretary [of Transportation] of
Homeland Security with respect to the Coast Guard when it is
not operating as a service in the Navy, may enter into a
contract for procurement of severable services for a period
that begins in one fiscal year and ends in the next fiscal year
if (without regard to any option to extend the period of the
contract) the contract period does not exceed one year.
* * * * * * *
CHAPTER 153--EXCHANGE OF MATERIAL AND DISPOSAL OF OBSOLETE, SURPLUS, OR
UNCLAIMED PROPERTY
* * * * * * *
Sec. 2572. Documents, historical artifacts, and condemned or obsolete
combat materiel: loan, gift, or exchange
(a) The Secretary concerned may lend or give items described
in subsection (c) that are not needed by the military
department concerned (or by the Coast Guard, in the case of the
Secretary [of Transportation] of Homeland Security), to any of
the following:
(1) * * *
* * * * * * *
Sec. 2575. Disposition of unclaimed property
(a) The Secretary of any military department, and the
Secretary [of Transportation] of Homeland Security, under such
regulations as they may respectively prescribe, may each by
public or private sale or otherwise, dispose of all lost,
abandoned, or unclaimed personal property that comes into the
custody or control of the Secretary's department, other than
property subject to section 4712, 6522, or 9712 of this title
or subject to subsection (c). However, property may not be
disposed of until diligent effort has been made to find the
owner (or the heirs, next of kin, or legal representative of
the owner. The diligent effort to find the owner (or the heirs,
next of kin, or legal representative of the owner) shall begin,
to the maximum extent practicable, not later than seven days
after the date on which the property comes into the custody or
control of the Secretary. The period for which that effort is
continued may not exceed 45 days. If the owner (or the heirs,
next of kin, or legal representative of the owner is determined
but not found, the property may not be disposed of until the
expiration of 45 days after the date when notice, giving the
time and place of the intended sale or other disposition, has
been sent by certified or registered mail to that person at his
last known address. When diligent effort to determine the owner
(or the heirs, next of kin, or legal representative of the
owner is unsuccessful, the property may be disposed of without
delay, except that if it has a fair market value of more than
$300, the Secretary may not dispose of the property until 45
days after the date it is received at a storage point
designated by the Secretary.
* * * * * * *
Sec. 2578. Vessels: transfer between departments
A vessel under the jurisdiction of a military department may
be transferred or otherwise made available without
reimbursement to another military department or to the
Department [of Transportation] of Homeland Security, and a
vessel under the jurisdiction of the Department [of
Transportation] of Homeland Security may be transferred or
otherwise made available without reimbursement to a militry
department. Any such transfer may be made only upon the request
of the Secretary of the military department concerned or the
Secretry [of Transportation] of Homeland Security, as the case
may be, and with the approval of the Secretary of the
department having jurisdiction of the vessel.
* * * * * * *
CHAPTER 155--ACCEPTANCE OF GIFTS AND SERVICES
* * * * * * *
Sec. 2601. General gift funds
(a) * * *
(b) Gifts and bequests of money, and the proceeds of the sale
of property, received under subsection (a) shall be deposited
in the Treasury in the fund called--
(1) * * *
* * * * * * *
(4) ``Coast Guard General Gift Fund'', in the case of
deposits of the Secretary [of Transportation] of
Homeland Security.
* * * * * * *
CHAPTER 157--TRANSPORTATION
* * * * * * *
Sec. 2634. Motor vehicles: transportation or storage for members on
change of permanent station or extended deployment
(a) * * *
* * * * * * *
(e) The Secretary of Defense (and the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy) may
prescribe regulations limiting those leased motor vehicles that
may be transported pursuant to this section based upon the
length of the lease and other terms and conditions of the lease
that the Secretary considers appropriate.
* * * * * * *
Sec. 2635. Medical emergency helicopter transportation assistance and
limitation of individual liability
(a) The Secretary of Defense is authorized to assist the
Department of Health and Human Services and the Department [of
Transportation] of Homeland Security in providing medical
emergency helicopter transportation services to civilians. Any
resources provided under this section shall be under such terms
and conditions, including reimbursement, as the Secretary of
Defense deems appropriate and shall be subject to the following
specific limitations:
(1) * * *
* * * * * * *
CHAPTER 159--REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF
NONEXCESS PROPERTY
* * * * * * *
Sec. 2665. Sale of certain interests in land; logs
(a) * * *
(b) The President, through an executive department, may sell
to any person or foreign government any forest products
produced on land owned or leased by a military department or
the Department [of Transportation] in which the Coast Guard is
operating.
* * * * * * *
CHAPTER 163--MILITARY CLAIMS
* * * * * * *
Sec. 2734. Property loss; personal injury or death: incident to
noncombat activities of the armed forces; foreign
countries
(a) * * *
* * * * * * *
(g) Payment of claims against the Coast Guard arising while
it is operating as a service in the Department [of
Transportation] of Homeland Security shall be made out of the
appropriation for the operating expenses of the Coast Guard.
* * * * * * *
Sec. 2734a. Property loss; personal injury or death: incident to
noncombat activities of armed forces in foreign
countries; international agreements
(a) When the United States is a party to an international
agreement which provides for the settlement or adjudication and
cost sharing of claims against the United States arising out of
the acts or omissions of a member or civilian employee of an
armed force of the United States done in the performance of
official duty, or arising out of any other act, omission, or
occurrence for which an armed force of the United States is
legally responsible under the law of another party to the
international agreement, and causing damage in the territory of
such party, the Secretary of Defense or the Secretary [of
Transportation] of Homeland Security or their designees may--
(1) * * *
* * * * * * *
(c) A reimbursement or payment under this section shall be
made by the Secretary of Defense out of appropriations as
provided in section 2732 of this title except that payment of
claims against the Coast Guard arising while it is operating as
a service of the Department [of Transportation] of Homeland
Security shall be made out of the appropriations for the
operating expenses of the Coast Guard. The appropriations
referred to in this subsection may be used to buy foreign
currencies required for the reimbursement or payment.
(d) Upon the request of the Secretary [of Transportation] of
Homeland Security or his designee, any payments made relating
to claims arising from the activities of the Coast Guard and
covered by subsection (a) may be reimbursed or paid to the
foreign country concerned by the authorized representative of
the Department of Defense out of appropriations as provided in
section 2732 of this title, subject to reimbursement from the
Department [of Transportation] of Homeland Security.
* * * * * * *
CHAPTER 165--ACCOUNTABILITY AND RESPONSIBILITY
* * * * * * *
Sec. 2775. Liability of members assigned to military housing
(a)(1) A member of the armed forces shall be liable to the
United States for damage to any family housing unit or
unaccompanied personal housing unit, or damage to or loss of
any equipment or furnishings of any family housing unit or
unaccompanied personnel housing unit, assigned to or provided
such member if (as determined under regulations prescribed by
the Secretary of Defense or the Secretary [of Transportation]
of Homeland Security with respect to the Coast Guard when it is
not operating as a service in the Navy) the damage or loss was
caused by the abuse or negligence of the member (or a dependent
of the member) or of a guest of the member (or a dependent of
the member).
(2) A member of the armed forces--
(A) * * *
(B) who fails to clean satisfactorily that housing
unit (as determined under regulations prescribed by the
Secretary of Defense or the Secretary [of
Transportation] of Homeland Security with respect to
the Coast Guard when it is not operating as a service
in the Navy) upon termination of the assignment or
provision of that housing unit.
shall be liable to the United States for the cost of cleaning
made necessary as a result of that failure.
(b) The Secretary of Defense, and the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, may
establish limitations on liability under this section,
including (in the case of liability under subsection (a)(1))
different limitations based upon the degree of abuse or
negligence involved, and may compromise or waive a claim of the
United States under this section.
* * * * * * *
(e) The Secretary of Defense, and the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, shall
prescribe regulations to carry out this section. Such
regulations shall include--
(1) * * *
* * * * * * *
CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
* * * * * * *
SUBCHAPTER II--MILITARY FAMILY HOUSING
* * * * * * *
Sec. 2830. Occupancy of substandard family housing units
(a) * * *
(b)(1) * * *
(2) The authority to enter into leases under paragraph (1)
shall be exercised--
(A) * * *
(B) in the case of a lease by the Secretary [of
Transportation] of Homeland Security with respect to
the Coast Guard when it is not operating as a service
in the Navy, subject to regulations prescribed by that
Secretary.
* * * * * * *
Sec. 2835. Long-term leasing of military family housing to be
constructed
(a) Build and Lease Authorized.--Subject to subsection (b),
the Secretary of a military department, or the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard, may enter into a contract for the lease of family
housing units to be constructed or rehabilitated to residential
use near a military installation within the United States under
the Secretary's jurisdiction at which there is a shortage of
family housing. Housing units leased under this section shall
be assigned, without rental charge, as family housing to
members of the armed forces who are eligible for assignment to
military family housing.
(b) Submission and Authorization of Proposed Lease
Contracts.--(1) The Secretary of a military department, or the
Secretary [of Transportation] of Homeland Security with respect
to the Coast Guard, may enter into a lease contract under
subsection (a) for such military housing as is authorized by
law for the purposes of this section.
(2) The budget material submitted to Congress by the
Secretary of Defense, and the Secretary [of Transportation] of
Homeland Security with respect to the Coast Guard, in
connection with the budget submitted pursuant to section 1105
of title 31 for each fiscal year shall include materials that
identify the military housing projects for which lease
contracts are proposed to be entered into under subsection (a)
in such fiscal year.
(c) Competitive Process.--Each contract under subsection (a)
shall be awarded through the use of publicly advertised,
competitively bid, or competitively negotiated, contracting
procedures as provided in chapter 137 of this title. In
accordance with such procedures, the Secretary of a military
department, or the Secretary [of Transportation] of Homeland
Security, as the case may be, shall solicit bids or proposals
for a contract for the lease of military housing authorized in
accordance with subsection (b)(1). Such a contract may provide
for the contractor of the housing facilities to operate and
maintain such housing facilities during the term of the lease.
(d) Conditions on Obligation of Funds.--A lease contract
entered into for a military housing project under subsection
(a) shall include the following provisions:
(1) * * *
* * * * * * *
(4) A requirement that housing units constructed
pursuant to the contract shall be constructed--
(A) * * *
(B) to Department [of Transportation] of
Homeland Security specifications, in the case
of a contract for the Coast Guard.
* * * * * * *
(g) Notice and Wait Requirements.--A contract may not be
entered into for the lease of housing facilities under this
section until--
(1) the Secretary of Defense, or the Secretary [of
Transportation] of Homeland Security with respect to
the Coast Guard, submits to the appropriate committees
of Congress, in writing, an economic analysis (based
upon accepted life cycle costing procedures) which
demonstrates that the proposed contract is cost-
effective when compared with alternative means of
furnishing the same housing facilities; and
* * * * * * *
Sec. 2836. Military housing rental guarantee program
(a) Authority.--Subject to subsection (b), the Secretary of a
military department, or the Secretary [of Transportation] of
Homeland Security with respect to the Coast Guard, may enter
into an agreement to assure the occupancy of rental housing to
be constructed or rehabilitated to residential use by a private
developer or by a State or local housing authority on private
land, on land owned by a State or local government, or on land
owned by the United States, if the housing is to be located on
or near a new military installation or an existing military
installation that has a shortage of housing to meet the
requirements of eligible members of the armed forces (with or
without accompanying dependents). The authority provided under
this subsection shall be exercised under uniform regulations
prescribed by the Secretary of Defense.
(b) Submission and Authorization of Proposed Agreements.--(1)
The Secretary of a military department, or the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard, may enter into agreements pursuant to subsection (a) for
such military housing rental guaranty projects as are
authorized by law.
(2) The budget material submitted to Congress by the
Secretary of Defense, and the Secretary [of Transportation] of
Homeland Security with respect to the Coast Guard, in
connection with the budget submitted pursuant to section 1105
of title 31 for each fiscal year shall include materials that
identify the military housing rental guaranty projects for
which agreements are proposed to be entered into under
subsection (a) in that fiscal year.
(c) Content of Agreement.--An agreement under subsection
(a)--
(1) * * *
* * * * * * *
(4) shall require that the housing units be
constructed--
(A) * * *
(B) in the case of an agreement for the Coast
Guard, to Department [of Transportation] of
Homeland Security specifications;
* * * * * * *
(11) shall include a provision authorizing the
Secretary of the military department concerned, or the
Secretary [of Transportation] of Homeland Security with
respect to the Coast Guard, to take such action as the
Secretary considers appropriate to protect the
interests of the United States, including rendering the
agreement null and void if, in the opinion of the
Secretary, the owner of the housing fails to maintain a
satisfactory level of operation and maintenance;
* * * * * * *
(e) Competitive Process.--An agreement under subsection (a)
shall be made through the use of publicly advertised,
competitively bid, or competitively negotiated, contracting
procedures as provided in chapter 137 of this title. In
accordance with such procedures, the Secretary of a military
department, or the Secretary [of Transportation] of Homeland
Security, as the case may be, shall solicit bids or proposals
for a guaranty agreement for each military housing rental
guaranty project authorized in accordance with subsection (b).
(f) Notice and Wait Requirements.--An agreement may not be
entered into under subsection (a) until--
(1) the Secretary of Defense, or the Secretary [of
Transportation] of Homeland Security with respect to
the Coast Guard, submits to the appropriate committees
of Congress, in writing, an economic analysis (based
upon accepted life cycle costing procedures) which
demonstrates that the proposed agreement is cost
effective when compared with alternative means of
furnishing the same housing facilities; and
* * * * * * *
Subtitle B--Army
* * * * * * *
PART IV--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
CHAPTER 447--TRANSPORTATION
* * * * * * *
Sec. 4745. Civilian passengers and commercial cargoes: transports in
trans-Atlantic service
(a) Whenever space is unavailable on commercial lines and is
available (1) on vessels operated by Army transport agencies,
or (2) within bulk space allocations made to the Department of
the Army on vessels operated by any transport agency of the
Department of Defense, civilian passengers and commercial cargo
may, in the discretion of the Secretary of the Army and the
Secretary [of Transportation] of Homeland Security, be
transported on those vessels. Rates for transportation under
this section may not be less than those charged by commercial
lines for the same kinds of service.
* * * * * * *
Subtitle C--Navy and Marine Corps
* * * * * * *
PART I--ORGANIZATION
* * * * * * *
CHAPTER 503--DEPARTMENT OF THE NAVY
* * * * * * *
Sec. 5013a. Secretary of the Navy: powers with respect to Coast Guard
(a) Whenever the Coast Guard operates as a service in the
Navy under section 3 of title 14, the Secretary of the Navy has
the same powers and duties with respect to the Coast Guard as
the Secretary [of Transportation] of Homeland Security has when
the Coast Guard is not so operating.
* * * * * * *
PART III--EDUCATION AND TRAINING
* * * * * * *
CHAPTER 605--UNITED STATES NAVAL POSTGRADUATE SCHOOL
* * * * * * *
Sec. 7045. Officers of the other armed forces; enlisted members:
admission
(a)(1) The Secretary of the Navy may permit officers of the
Army, Air Force, and Coast Guard to receive instruction at the
Naval Postgraduate School. The numbers and grades of such
officers shall be as agreed upon by the Secretary of the Navy
with the [Secretaries of the Army, Air Force, and
Transportation] Secretary of the Army, the Secretary of the Air
Force, and the Secretary of Homeland Security, respectively.
* * * * * * *
(b) The Department of the Army, the Department of the Air
Force, and the Department [of Transportation] of Homeland
Security shall bear the cost of the instruction received by
officers detailed for that instruction by the [Secretaries of
the Army, Air Force, and Transportation] Secretary of the Army,
the Secretary of the Air Force, and the Secretary of Homeland
Security, respectively. In the case of an enlisted member
permitted to receive instruction at the Postgraduate School,
the Secretary of the Navy shall charge that member only for
such costs and fees as the Secretary considers appropriate
(taking into consideration the admission of enlisted members on
a space-available basis).
* * * * * * *
PART IV--GENERAL ADMINISTRATION
* * * * * * *
CHAPTER 637--SALVAGE FACILITIES
* * * * * * *
Sec. 7361. Authority to provide for necessary salvage facilities
(a) * * *
(b) Coordination With Secretary of [Transportation] Homeland
Security.--The Secretary shall submit to the Secretary [of
Transportation] of Homeland Security for comment each proposed
contract for salvage facilities that affects the interests of
the Department of Transportation.
* * * * * * *
CHAPTER 665--NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM
* * * * * * *
Sec. 7902. National Ocean Research Leadership Council
(a) * * *
(b) Membership.--The Council is composed of the following
members:
(1) * * *
* * * * * * *
(13) The Under Secretary for Science and Technology
of the Department of Homeland Security.
(14) Other Federal officials the Council considers
appropriate.
* * * * * * *
Subtitle E--Reserve Components
* * * * * * *
PART I--ORGANIZATION AND ADMINISTRATION
* * * * * * *
CHAPTER 1005--ELEMENTS OF RESERVE COMPONENTS
* * * * * * *
Sec. 10143. Ready Reserve: Selected Reserve
(a) * * *
(b) The organization and unit structure of the Selected
Reserve shall be approved--
(1) * * *
(2) in the case of the Coast Guard Reserve, by the
Secretary [of Transportation] of Homeland Security upon
the recommendation of the Commandant of the Coast
Guard.
* * * * * * *
Sec. 10146. Ready Reserve: transfer from
(a) Subject to subsection (c) and under regulations
prescribed by the Secretary of Defense, or by the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, a
member in the Ready Reserve may be transferred to the Standby
Reserve.
* * * * * * *
Sec. 10147. Ready Reserve: training requirements
(a) Except as specifically provided in regulations to be
prescribed by the Secretary of Defense, or by the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, each
person who is enlisted, inducted, or appointed in an armed
force, and who becomes a member of the Ready Reserve under any
provision of law except section 513 or 10145(b) of this title,
shall be required, while in the Ready Reserve, to--
(1) * * *
* * * * * * *
Sec. 10149. Ready Reserve: continuous screening
(a) * * *
(b) Under regulations to be prescribed by the Secretary of
Defense, and by the Secretary [of Transportation] of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy, a member of the Ready
Reserve who is designated as a member not to be retained in the
Ready Reserve as a result of screening under subsection (a)
shall, as appropriate, be--
(1) * * *
* * * * * * *
Sec. 10150. Ready Reserve: transfer back from Standby Reserve
Under regulations to be prescribed by the Secretary of
Defense, and by the Secretary [of Transportation] of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy, a member of the Standby
Reserve who has not completed his required period of service in
the Ready Reserve may be transferred to the Ready Reserve when
the reason for his transfer to the Standby Reserve no longer
exists.
* * * * * * *
CHAPTER 1007--ADMINISTRATION OF RESERVE COMPONENTS
* * * * * * *
Sec. 10202. Regulations
(a) * * *
(b) The Secretary [of Transportation] of Homeland Security,
with the concurrence of the Secretary of the Navy, shall
prescribe such regulations as the Secretary considers necessary
to carry out all provisions of law relating to the reserve
components insofar as they relate to the Coast Guard, except
when the Coast Guard is operating as a service in the Navy.
* * * * * * *
Sec. 10203. Reserve affairs: designation of general or flag officer of
each armed force
(a) * * *
* * * * * * *
(d) The Secretary [of Transportation] of Homeland Security
may designate a flag officer of the Coast Guard to be directly
responsible for reserve affairs to the Commandant of the Coast
Guard.
* * * * * * *
Sec. 10205. Members of Ready Reserve: requirement of notification of
change of status
(a) * * *
(b) This section shall be administered under regulations
prescribed by the Secretary of Defense and by the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy.
* * * * * * *
CHAPTER 1009--RESERVE FORCES POLICY BOARDS AND COMMITTEES
* * * * * * *
Sec. 10301. Reserve Forces Policy Board
(a) * * *
(b) Whenever the Coast Guard is not operating as a service in
the Navy, the Secretary [of Transportation] of Homeland
Security may designate two officers of the Coast Guard, Regular
or Reserve, to serve as voting members of the Board.
* * * * * * *
PART II--PERSONNEL GENERALLY
* * * * * * *
CHAPTER 1203--ENLISTED MEMBERS
* * * * * * *
Sec. 12103. Reserve components: terms
(a) * * *
(b) Under regulations to be prescribed by the Secretary of
Defense, and by the Secretary [of Transportation] of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy, a person who is qualified
for enlistment for active duty in an armed force, and who is
not under orders to report for induction into an armed force
under the Military Selective Service Act (50 U.S.C. App. 451 et
seq.), may be enlisted as a Reserve for service in the Army
Reserve, Naval Reserve, Air Force Reserve, Marine Corps
Reserve, or Coast Guard Reserve, for a term of not less than
six years nor more than eight years. Each person enlisted under
this subsection shall serve--
(1) * * *
* * * * * * *
(d) Under regulations to be prescribed by the Secretary of
Defense, or the Secretary [of Transportation] of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy, a non-prior-service person
who is qualified for induction for active duty in an armed
force and who is not under orders to report for induction into
an armed force under the Military Selective Service Act (50
U.S.C. App. 451 et seq.), except as provided in section
6(c)(2)(A)(ii) and (iii) of such Act, may be enlisted in the
Army National Guard or the Air National Guard, or as a Reserve
for service in the Army Reserve, Naval Reserve, Air Force
Reserve, Marine Corps Reserve, or Coast Guard Reserve, for a
term of not less than six years nor more than eight years. Each
person enlisted under this subsection shall perform an initial
period of active duty for training of not less than twelve
weeks to commence insofar as practicable within 270 days after
the date of that enlistment.
* * * * * * *
CHAPTER 1209--ACTIVE DUTY
* * * * * * *
Sec. 12304. Selected Reserve and certain Individual Ready Reserve
members; order to active duty other than during war
or national emergency
(a) Authority.--Notwithstanding the provisions of section
12302(a) or any other provision of law, when the President
determines that it is necessary to augment the active forces
for any operational mission or that it is necessary to provide
assistance referred to in subsection (b), he may authorize the
Secretary of Defense and the Secretary [of Transportation] of
Homeland Security with respect to the Coast Guard when it is
not operating as a service in the Navy, without the consent of
the members concerned, to order any unit, and any member not
assigned to a unit organized to serve as a unit of the Selected
Reserve (as defined in section 10143(a) of this title), or any
member in the Individual Ready Reserve mobilization category
and designated as essential under regulations prescribed by the
Secretary concerned, under their respective jurisdictions, to
active duty (other than for training) for not more than 270
days.
* * * * * * *
(e) Policies and Procedures.--The Secretary of Defense and
the Secretary [of Transportation] of Homeland Security shall
prescribe such policies and procedures for the armed forces
under their respective jurisdictions as they consider necessary
to carry out this section.
(f) Notification of Congress.--Whenever the President
authorizes the Secretary of Defense or the Secretary [of
Transportation] of Homeland Security to order any unit or
member of the Selected Reserve or Individual Ready Reserve to
active duty, under the authority of subsection (a), he shall,
within 24 hours after exercising such authority, submit to
Congress a report, in writing, setting forth the circumstances
necessitating the action taken under this section and
describing the anticipated use of these units or members.
* * * * * * *
Sec. 12311. Active duty agreements
(a) * * *
* * * * * * *
(c) Agreements made under subsection (a) shall be uniform so
far as practicable, and are subject to such standards and
policies as may be prescribed by the Secretary of Defense for
the armed forces under his jurisdiction or by the Secretary [of
Transportation] of Homeland Security for the Coast Guard when
the Coast Guard is not operating as a service in the Navy.
* * * * * * *
CHAPTER 1214--READY RESERVE MOBILIZATION INCOME INSURANCE
* * * * * * *
Sec. 12522. Establishment of insurance program
(a) * * *
* * * * * * *
(c) Agreement With Secretary of [Transportation] Homeland
Security.--The Secretary and the Secretary [of Transportation]
of Homeland Security shall enter into an agreement with respect
to the administration of the insurance program for the Coast
Guard Reserve.
* * * * * * *
CHAPTER 1214--READY RESERVE MOBILIZATION INCOME INSURANCE
* * * * * * *
Sec. 12527. Payment of premiums
(a) Methods of Payment.--(1) * * *
(2) The Secretary of Defense, in consultation with the
Secretary [of Transportation] of Homeland Security, shall
prescribe regulations which specify the procedures for payment
of premiums by members of the Individual Ready Reserve and
other members who do not receive pay on a monthly basis.
* * * * * * *
CHAPTER 1223--RETIRED PAY FOR NON-REGULAR SERVICE
* * * * * * *
Sec. 12731. Age and service requirements
(a) * * *
(b) Application for retired pay under this section must be
made to the Secretary of the military department, or the
Secretary [of Transportation] of Homeland Security, as the case
may be, having jurisdiction at the time of application over the
armed force in which the applicant is serving or last served.
* * * * * * *
Sec. 12731a. Temporary special retirement qualification authority
(a) * * *
* * * * * * *
(e) Regulations.--The authority provided in this section
shall be subject to regulations prescribed by the Secretary of
Defense and by the Secretary [of Transportation] of Homeland
Security with respect to the Coast Guard.
* * * * * * *
PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE
PROGRAMS
* * * * * * *
CHAPTER 1606--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED
RESERVE
* * * * * * *
Sec. 16131. Educational assistance program: establishment; amount
(a) To encourage membership in units of the Selected Reserve
of the Ready Reserve, the Secretary of each military
department, under regulations prescribed by the Secretary of
Defense, and the Secretary [of Transportation] of Homeland
Security, under regulations prescribed by the Secretary with
respect to the Coast Guard when it is not operating as a
service in the Navy, shall establish and maintain a program to
provide educational assistance to members of the Selected
Reserve of the Ready Reserve of the armed forces under the
jurisdiction of the Secretary concerned who agree to remain
members of the Selected Reserve for a period of not less than
six years.
* * * * * * *
Sec. 16136. Administration of program
(a) Educational assistance under this chapter shall be
provided through the Department of Veterans Affairs, under
agreements to be entered into by the Secretary of Defense, and
by the Secretary [of Transportation] of Homeland Security, with
the Secretary of Veterans Affairs. Such agreements shall
include administrative procedures to ensure the prompt and
timely transfer of funds from the Secretary concerned to the
Department of Veterans Affairs for the making of payments under
this chapter.
* * * * * * *
CHAPTER 1609--EDUCATION LOAN REPAYMENT PROGRAMS
* * * * * * *
Sec. 16301. Education loan repayment program: enlisted members of
Selected Reserve with critical specialties
(a) * * *
* * * * * * *
(g) The Secretary [of Transportation] of Homeland Security
may repay loans described in subsection (a)(1) and otherwise
administer this section in the case of members of the Selected
Reserve of the Coast Guard Reserve when the Coast Guard is not
operating as a service in the Navy.
* * * * * * *
PART V--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
CHAPTER 1805--MISCELLANEOUS PROVISIONS
* * * * * * *
Sec. 18501. Reserve components: personnel and logistic support by
military departments
The Secretary concerned is responsible for providing the
personnel, equipment, facilities, and other general logistic
support necessary to enable units and Reserves in the Ready
Reserve of the reserve components under his jurisdiction to
satisfy the training requirements and mobilization readiness
requirements for those units and Reserves as recommended by the
Secretary concerned and by the Chairman of the Joint Chiefs of
Staff and approved by the Secretary of Defense, and as
recommended by the Commandant of the Coast Guard and approved
by the Secretary [of Transportation] of Homeland Security when
the Coast Guard is not operated as a service of the Navy.
* * * * * * *
----------
TITLE 37, UNITED STATES CODE
* * * * * * *
CHAPTER 1--DEFINITIONS
* * * * * * *
Sec. 101. Definitions
In addition to the definitions in sections 1-5 of title 1,
the following definitions apply in this title:
(1) * * *
* * * * * * *
(5) The term ``Secretary concerned'' means--
(A) * * *
* * * * * * *
(D) the Secretary [of Transportation] of
Homeland Security, with respect to matters
concerning the Coast Guard when it is not
operating as a service in the Navy;
* * * * * * *
CHAPTER 3--BASIC PAY
* * * * * * *
Sec. 204. Entitlement
(a) * * *
* * * * * * *
(i)(1) * * *
* * * * * * *
(4) Regulations with respect to procedures for paying pay and
allowances under subsections (g) and (h) shall be prescribed--
(A) * * *
(B) by the Secretary [of Transportation] of Homeland
Security for the Coast Guard when the Coast Guard is
not operating as a service in the Navy.
* * * * * * *
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
* * * * * * *
Sec. 301a. Incentive pay: aviation career
(a)(1) * * *
* * * * * * *
(3) Under regulations prescribed by the Secretary of Defense,
the Secretary [of Transportation] of Homeland Security with
respect to the Coast Guard when it is not operating as a
service in the Navy, or the Secretary of Commerce and the
Secretary of Health and Human Services with respect to members
under their respective jurisdiction, an officer (except a
flight surgeon or other medical officer) who is entitled to
basic pay, holds an aeronautical rating or designation, and is
qualified for aviation service under regulations prescribed by
the Secretary concerned, is entitled to continuous monthly
incentive pay in the amount set forth in subsection (b) that is
applicable to him. A flight surgeon or other medical officer
who is entitled to basic pay, holds an aeronautical rating or
designation, and is qualified for aviation service under
regulations prescribed by the Secretary concerned, is not
entitled to continuous monthly incentive pay but is entitled to
monthly incentive pay in the amounts set forth in subsection
(b) for the frequent and regular performance of operational
flying duty.
* * * * * * *
Sec. 306. Special pay: officers holding positions of unusual
responsibility and of critical nature
(a) * * *
* * * * * * *
(d) This section shall be administered under regulations
prescribed by the Secretary of Defense for the armed forces
under his jurisdiction, and by the Secretary [of
Transportation] of Homeland Security for the Coast Guard when
the Coast Guard is not operating as a service in the Navy.
* * * * * * *
Sec. 307. Special pay: special duty assignment pay for enlisted members
(a) * * *
* * * * * * *
(c) This section shall be administered under regulations
prescribed by the Secretary of Defense for the armed forces
under his jurisdiction and by the Secretary [of Transportation]
of Homeland Security for the Coast Guard when the Coast Guard
is not operating as a service in the Navy.
* * * * * * *
Sec. 308. Special pay: reenlistment bonus
(a)(1) A member of a uniformed service who--
(A) * * *
(B) is qualified in a military skill designated as
critical by the Secretary of Defense, or by the
Secretary [of Transportation] of Homeland Security with
respect to the Coast Guard when it is not operating as
a service in the Navy;
* * * * * * *
(d)(1) * * *
(2) If a refund is not required under paragraph (1) in the
case of a member who fails to complete a term of enlistment,
the Secretary of Defense with respect to the armed forces under
the Secretary's jurisdiction, and the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, may
decline to make any payment to a bonus installment under this
section that is due to be paid to the member after the date on
which the member fails to complete the term of enlistment for
which the bonus is being paid. The Secretary of Defense and the
Secretary [of Transportation] of Homeland Security may
prescribe the circumstances under which bonus installments may
be terminated under this paragraph.
* * * * * * *
(f) This section shall be administered under regulations
prescribed by the Secretary of Defense for the armed forces
under his jurisdiction, and by the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy.
* * * * * * *
Sec. 308b. Special pay: reenlistment bonus for members of the Selected
Reserve
(a) * * *
* * * * * * *
(e) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of Defense for the
armed forces under his jurisdiction and by the Secretary [of
Transportation] of Homeland Security for the Coast Guard when
it is not operating as a service in the Navy.
* * * * * * *
Sec. 308c. Special pay: bonus for enlistment in the Selected Reserve
(a) * * *
* * * * * * *
(c) This section shall be administered under regulations
prescribed by the Secretary of Defense for the armed forces
under his jurisdiction and by the Secretary [of Transportation]
of Homeland Security for the Coast Guard when it is not
operating as a service in the Navy.
* * * * * * *
Sec. 308d. Special pay: enlisted members of the Selected Reserve
assigned to certain high priority units
(a) Under regulations prescribed by the Secretary of
Defense, or the Secretary [of Transportation] of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy, an enlisted member who is
assigned to a high priority unit of the Selected Reserve of the
Ready Reserve of an armed force, as designated under subsection
(b), and who performs inactive duty for training for
compensation under section 206 of this title with such unit may
be paid compensation, in addition to the compensation to which
the member is otherwise entitled, in an amount not to exceed
$10 for each regular period of instruction, or period of
appropriate duty, at which the member is engaged for at least
four hours, including any such instruction or duty performed on
a Sunday or holiday.
* * * * * * *
Sec. 308e. Special pay: bonus for reserve affiliation agreement
(a) * * *
* * * * * * *
(f) This section shall be administered under regulations
prescribed by the Secretary of Defense for the armed forces
under the jurisdiction of the Secretary of Defense and by the
Secretary [of Transportation] of Homeland Security for the
Coast Guard when the Coast Guard is not operating as a service
in the Navy.
* * * * * * *
Sec. 308g. Special pay: bonus for enlistment in elements of the Ready
Reserve other than the Selected Reserve
(a) * * *
* * * * * * *
(g) This section shall be administered under regulations
prescribed by the Secretary of Defense for the armed forces
under his jurisdiction and by the Secretary [of Transportation]
of Homeland Security for the Coast Guard when it is not
operating as a service in the Navy.
* * * * * * *
Sec. 308h. Special pay: bonus for reenlistment, enlistment, or
voluntary extension of enlistment in elements of
the Ready Reserve other than the Selected Reserve
(a) * * *
* * * * * * *
(f) Regulations.--(1) This section shall be administered
under regulations to be prescribed by the Secretary of Defense
for the armed forces under his jurisdiction and by the
Secretary [of Transportation] of Homeland Security for the
Coast Guard when it is not operating as a service in the Navy.
* * * * * * *
Sec. 308i. Special pay: prior service enlistment bonus
(a) * * *
* * * * * * *
(e) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of Defense for the
armed forces under his jurisdiction and by the Secretary [of
Transportation] of Homeland Security for the Coast Guard when
the Coast Guard is not operating as a service in the Navy.
* * * * * * *
Sec. 309. Special pay: enlistment bonus
(a) * * *
* * * * * * *
(d) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of Defense for the
armed forces under the jurisdiction of the Secretary of Defense
and by the Secretary [of Transportation] of Homeland Security
for the Coast Guard when the Coast Guard is not operating as a
service in the Navy.
* * * * * * *
Sec. 316. Special pay: foreign language proficiency pay
(a) * * *
* * * * * * *
(d) This section shall be administered under regulations
prescribed by the Secretary of Defense for the armed forces
under the jurisdiction of the Secretary, by the Secretary [of
Transportation] of Homeland Security for the Coast Guard when
the Coast Guard is not operating as a service in the Navy, by
the Secretary of Health and Human Services for the Commissioned
Corps of the Public Health Service, and by the Secretary of
Commerce for the National Oceanic and Atmospheric
Administration.
* * * * * * *
Sec. 323. Special pay: retention incentives for members qualified in a
critical military skill
(a) * * *
(b) Designation of Critical Skills.--(1) A designated
critical military skill referred to in subsection (a) is a
military skill designated as critical by the Secretary of
Defense, or by the Secretary [of Transportation] of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy.
(2) The Secretary of Defense, and the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, shall
notify Congress, in advance, of each military skill to be
designated by the Secretary as critical for purposes of this
section. The notice shall be submitted at least 90 days before
any bonus with regard to that critical skill is offered under
subsection (a) and shall include a discussion of the necessity
for the bonus, the amount and method of payment of the bonus,
and the retention results that the bonus is expected to
achieve.
* * * * * * *
(g) Repayment of Bonus.--(1) If an officer who has entered
into a written agreement under subsection (a) fails to complete
the total period of active duty specified in the agreement, or
an enlisted member who voluntarily or because of misconduct
does not complete the term of enlistment for which a bonus was
paid under this section, the Secretary of Defense, and the
Secretary [of Transportation] of Homeland Security with respect
to members of the Coast Guard when it is not operating as a
service in the Navy, may require the member to repay the United
States, on a pro rata basis and to the extent that the
Secretary determines conditions and circumstances warrant, all
sums paid under this section.
* * * * * * *
Sec. 325. Incentive bonus: savings plan for education expenses and
other contingencies
(a) * * *
* * * * * * *
(i) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of Defense for the
armed forces under his jurisdiction and by the Secretary [of
Transportation] of Homeland Security for the Coast Guard when
the Coast Guard is not operating as a service in the Navy.
* * * * * * *
CHAPTER 7--ALLOWANCES
* * * * * * *
Sec. 402. Basic allowance for subsistence
(a) * * *
* * * * * * *
(d) Special Rule for Members Authorized to Mess Separately.--
(1) In areas prescribed by the Secretary of Defense, and the
Secretary [of Transportation] of Homeland Security with respect
to the Coast Guard when it is not operating as a service in the
Navy, an enlisted member described in paragraph (2) is entitled
to not more than the pro rata allowance in effect under
paragraph (1) or (2) of subsection (b) for each meal the member
buys from a source other than a messing facility of the United
States.
* * * * * * *
Sec. 402a. Supplemental subsistence allowance for low-income members
with dependents
(a) * * *
* * * * * * *
(g) Definitions.--In this section:
(1) The term ``Secretary concerned'' means--
(A) the Secretary of Defense; and
(B) the Secretary [of Transportation] of
Homeland Security, with respect to the Coast
Guard when it is not operating as a service in
the Navy.
* * * * * * *
Sec. 403. Basic allowance for housing
(a) * * *
* * * * * * *
(f) Ineligibility During Initial Field Duty or Sea Duty.--(1)
* * *
* * * * * * *
(3) The Secretary of Defense, and the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Department
of the Navy, shall prescribe regulations defining the terms
``field duty'' and ``sea duty'' for purposes of this section.
* * * * * * *
(l) Temporary Continuation of Allowance for Dependents of
Members Dying on Active Duty.--(1) The Secretary of Defense, or
the Secretary [of Transportation] of Homeland Security in the
case of the Coast Guard when not operating as a service in the
Navy, may allow the dependents of a member of the armed forces
who dies on active duty and whose dependents are occupying
family housing provided by the Department of Defense, or by the
Department [of Transportation] of Homeland Security in the case
of the Coast Guard, other than on a rental basis on the date of
the member's death to continue to occupy such housing without
charge for a period of 180 days.
* * * * * * *
Sec. 403b. Cost-of-living allowance in the continental United States
(a) * * *
* * * * * * *
(i) Other Definitions.--In this section:
(1) * * *
* * * * * * *
(5) The term ``administering Secretaries'' means the
following:
(A) * * *
(B) The Secretary [of Transportation] of
Homeland Security, with respect to the Coast
Guard when it is not operating as a service in
the Navy.
* * * * * * *
Sec. 406. Travel and transportation allowances: dependents; baggage and
household effects
(a) * * *
(b)(1)(A) * * *
* * * * * * *
(E) Under regulations prescribed by the Secretary of
Defense, or the Secretary [of Transportation] of Homeland
Security for the Coast Guard when it is not operating as a
service in the Navy, cadets at the United States Military
Academy, the United States Air Force Academy, and the United
States Coast Guard Academy, and midshipmen at the United States
Naval Academy shall be entitled, in connection with temporary
or permanent station change, to transportation of baggage and
household effects as provided in subparagraph (A). The weight
allowance for cadets and midshipmen is 350 pounds.
(F) A member entitled to transportation of baggage and
household effects under subparagraph (A) may, as an alternative
to the provision of transportation, be paid reimbursement or,
at the member's request, a monetary allowance in advance for
the cost of transportation of the baggage and household
effects. The monetary allowance may be paid only if the amount
of the allowance does not exceed the cost that would be
incurred by the Government under subparagraph (A) for the
transportation of the baggage and household effects.
Appropriations available to the Department of Defense, the
Department [of Transportation] of Homeland Security, and the
Department of Health and Human Services for providing
transportation of baggage or household effects of members of
the uniformed services shall be available to pay a
reimbursement or monetary allowance under this subparagraph.
The Secretary concerned may prescribe the manner in which the
risk of liability for damage, destruction, or loss of baggage
or household effects arranged, packed, crated, or loaded by a
member is allocated among the member, the United States, and
any contractor when a reimbursement or monetary allowance is
elected under this subparagraph.
* * * * * * *
Sec. 417. Uniform allowance: officers; general provisions
(a) Subject to standards, policies, and procedures prescribed
by the Secretary of Defense, the Secretary of each military
department may prescribe regulations that he considers
necessary to carry out sections 415(a)-(c) and 416 of this
title within his department. The Secretary [of Transportation]
of Homeland Security, with the concurrence of the Secretary of
the Navy, may prescribe regulations that he considers necessary
to carry out those sections for the Coast Guard when it is not
operating as a service in the Navy. As far as practicable,
regulations for all reserve components shall be uniform.
(b) Under regulations approved by the Secretary of Defense,
or by the Secretary [of Transportation] of Homeland Security
with respect to the Coast Guard when it is not operating as a
service in the Navy, and subject to section 415(a)-(c) or 416
of this title, a reserve officer of an armed force who has
received a uniform and equipment allowance under section
415(a)-(c) or 416 of this title, may, if a different uniform is
required, be paid a uniform and equipment reimbursement upon
transfer to, or appointment in, another reserve component.
* * * * * * *
Sec. 418. Clothing allowance: enlisted members
(a) The Secretary of Defense and the Secretary [of
Transportation] of Homeland Security, with respect to the Coast
Guard when it is not operating as a service in the Navy, may
prescribe the quantity and kind of clothing to be furnished
annually to an enlisted member of the armed forces or the
National Guard, and may prescribe the amount of a cash
allowance to be paid to such a member if clothing is not so
furnished to him.
* * * * * * *
CHAPTER 13--ALLOTMENTS AND ASSIGNMENTS OF PAY
* * * * * * *
Sec. 703. Allotments: members of Coast Guard
Members of the Coast Guard may, under regulations prescribed
by the Secretary [of Transportation] of Homeland Security, make
allotments from their pay and allowances.
* * * * * * *
CHAPTER 19--ADMINISTRATION
* * * * * * *
Sec. 1001. Regulations relating to pay and allowances
(a) * * *
* * * * * * *
(c) The Secretary of Defense, the Secretary [of
Transportation] of Homeland Security, the Secretary of
Commerce, or the Secretary of Health and Human Services, may
obtain from the Comptroller General an advisory opinion with
respect to a proposed regulation especially affecting a
department under the Secretary's jurisdiction.
* * * * * * *
Sec. 1006. Advance payments
(a) * * *
* * * * * * *
(f) Under regulations prescribed by the Secretary [of
Transportation] of Homeland Security, an advance of pay of not
more than three months' pay may be made to an officer of the
Coast Guard who is ordered to sea duty or to or from shore duty
beyond the seas. In addition, the Commandant of the Coast Guard
may direct such advances as he considers necessary and proper
to members of the Coast Guard stationed at distant stations
where the pay and emoluments to which they are entitled cannot
be paid regularly.
* * * * * * *
Sec. 1007. Deductions from pay
(a) The pay of an officer of an armed force may be withheld,
under section 5512 of title 5, only for an indebtedness to the
United States admitted by the officer or shown by the judgment
of a court, or upon a special order issued in the discretion of
the Secretary of Defense (or the Secretary [of Transportation]
of Homeland Security, in the case of a disbursing official of
the Coast Guard when the Coast Guard is not operating as a
service in the Navy), or upon the denial of relief of an
officer pursuant to section 3527 of title 31.
* * * * * * *
Sec. 1011. Mess operation: reimbursement of expenses
(a) * * *
* * * * * * *
(d) When the Coast Guard is not operating as a service in the
Navy, the Secretary [of Transportation] of Homeland Security
shall establish rates for meals sold at Coast Guard dining
facilities, provide for reimbursement of operating expenses
and food costs to the appropriations concerned, and reduce
the rates for such meals when the Secretary determines that it
is in the best interest of the United States to do so.
* * * * * * *
----------
SECTION 363 OF THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY
RECONCILIATION ACT OF 1996
(Public Law 104-193)
SEC. 363. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS OF
MEMBERS OF THE ARMED FORCES.
(a) Availability of Locator Information.--
(1) Maintenance of address information.--The
Secretary of Defense shall establish a centralized
personnel locator service that includes the address of
each member of the Armed Forces under the jurisdiction
of the Secretary. Upon request of the Secretary [of
Transportation] of Homeland Security, addresses for
members of the Coast Guard shall be included in the
centralized personnel locator service.
* * * * * * *
(b) Facilitating Granting of Leave for Attendance at
Hearings.--
(1) Regulations.--The Secretary of each military
department, and the Secretary [of Transportation] of
Homeland Security with respect to the Coast Guard when
it is not operating as a service in the Navy, shall
prescribe regulations to facilitate the granting of
leave to a member of the Armed Forces under the
jurisdiction of that Secretary in a case in which--
(A) * * *
* * * * * * *
----------
SECTION 721 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1997
(Public Law 104-201)
SEC. 721. DEFINITIONS.
In this subtitle:
(1) The term ``administering Secretaries'' means the
Secretary of Defense, the Secretary [of Transportation]
of Homeland Security, and the Secretary of Health and
Human Services.
* * * * * * *
----------
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1993
(Public Law 102-484)
* * * * * * *
DIVISION D--DEFENSE CONVERSION, REINVESTMENT, AND TRANSITION ASSISTANCE
* * * * * * *
TITLE XLIV--PERSONNEL ADJUSTMENT, EDUCATION, AND TRAINING PROGRAMS
* * * * * * *
Subtitle F--Job Training and Employment and Educational Opportunities
* * * * * * *
SEC. 4463. PROGRAM OF EDUCATIONAL LEAVE RELATING TO CONTINUING PUBLIC
AND COMMUNITY SERVICE.
(a) Program.--Under regulations prescribed by the Secretary
of Defense [after consultation with the Secretary of
Transportation] and subject to subsections (b) and (c), the
Secretary concerned may grant to an eligible member of the
Armed Forces a leave of absence for a period not to exceed one
year for the purpose of permitting the member to pursue a
program of education or training (including an internship) for
the development of skills that are relevant to the performance
of public and community service. A program of education or
training referred to in the preceding sentence includes any
such program that is offered by the Department of Defense or by
any civilian educational or training institution.
* * * * * * *
SEC. 4466. PARTICIPATION OF DISCHARGED MILITARY PERSONNEL IN UPWARD
BOUND PROJECTS TO PREPARE FOR COLLEGE.
(a) * * *
* * * * * * *
(h) Application to Coast Guard.--The Secretary [of
Transportation] of Homeland Security may implement the
provisions of this section for the Coast Guard in the same
manner and to the same extent as such section applies to the
Department of Defense.
* * * * * * *
----------
SECTION 542 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1995
(Public Law 103-337)
SEC. 542. COAST GUARD FORCE REDUCTION TRANSITION BENEFITS.
(a) * * *
* * * * * * *
(d) Temporary Early Retirement Authority.--Section 4403 of
the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2702; 10 U.S.C. 1293 note) shall
apply to the Coast Guard in the same manner and to the same
extent as that provision applies to the Department of Defense.
The Secretary [of Transportation] of Homeland Security shall
implement the provisions of that section with respect to the
Coast Guard and apply the applicable provisions of title 14,
United States Code, relating to retirement of Coast Guard
personnel.
* * * * * * *
----------
SECTION 740 OF THE WENDELL H. FORD AVIATION INVESTMENT AND REFORM ACT
FOR THE 21ST CENTURY
(Public Law 106-181)
SEC. 740. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR USE IN
RESPONDING TO OIL SPILLS.
(a) * * *
(b) Conditions of Sale.--Aircraft and aircraft parts sold
under subsection (a)--
(1) * * *
(2) may not be flown outside of or removed from the
United States except for the purpose of fulfilling an
international agreement to assist in oil spill
dispersing efforts, for immediate response efforts for
an oil spill outside United States waters that has the
potential to threaten United States waters, or for
other purposes that are jointly approved by the
Secretary of Defense and the Secretary [of
Transportation] of Homeland Security.
(c) Certification of Persons and Entities.--The Secretary of
Defense may sell aircraft and aircraft parts to a person or
entity under subsection (a) only if the Secretary [of
Transportation] of Homeland Security certifies to the Secretary
of Defense, in writing, before the sale, that the person or
entity is capable of meeting the terms and conditions of a
contract to deliver oil spill dispersants by air, and that the
overall system to be employed by that person or entity for the
delivery and application of oil spill dispersants has been
sufficiently tested to ensure that the person or entity is
capable of being included in an oil spill response plan that
has been approved by the Secretary of the Department in which
the Coast Guard is operating.
(d) Regulations.--
(1) Issuance.--As soon as practicable after the date
of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary [of Transportation]
of Homeland Security and the Administrator of General
Services, shall prescribe regulations relating to the
sale of aircraft and aircraft parts under this section.
* * * * * * *
----------
SECTION 1407 OF THE DEFENSE DEPENDENTS' EDUCATION ACT OF 1978
SCHOOL SYSTEM FOR DEPENDENTS IN OVERSEAS AREAS
Sec. 1407. (a) * * *
(b) Tuition and Assistance When Schools Unavailable.--(1) *
* *
(2)(A) The Secretary of Defense, and the Secretary [of
Transportation] of Homeland Security with respect to the Coast
Guard when it is not operating as a service of the Navy, may
provide financial assistance to sponsors of dependents in
overseas areas where schools operated by the Secretary of
Defense under subsection (a) are not reasonably available in
order to assist the sponsors to defray the costs incurred by
the sponsors for the attendance of the dependents at schools in
such areas other than schools operated by the Secretary of
Defense.
(B) The Secretary of Defense and the Secretary [of
Transportation] of Homeland Security shall each prescribe
regulations relating to the availability of financial
assistance under subparagraph (A). Such regulations shall, to
the maximum extent practicable, be consistent with Department
of State regulations relating to the availability of financial
assistance for the education of dependents of Department of
State personnel overseas.
* * * * * * *
----------
TITLE II OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND
PRINCIPALS
* * * * * * *
PART C--INNOVATION FOR TEACHER QUALITY
Subpart 1--Transitions to Teaching
CHAPTER A--TROOPS-TO-TEACHERS PROGRAM
SEC. 2301. DEFINITIONS.
In this chapter:
(1) * * *
* * * * * * *
(5) Secretary concerned.--The term ``Secretary
concerned'' means--
(A) * * *
* * * * * * *
(D) the Secretary [of Transportation] of
Homeland Security, with respect to matters
concerning the Coast Guard Reserve.
* * * * * * *
SEC. 2307. REPORTING REQUIREMENTS.
(a) Report Required.--Not later than March 31, 2006, the
Secretary (in consultation with the Secretary of Defense and
the Secretary [of Transportation] of Homeland Security) and the
Comptroller General of the United States shall submit to
Congress a report on the effectiveness of the Program in the
recruitment and retention of qualified personnel by local
educational agencies and public charter schools.
* * * * * * *
----------
SECTION 1034 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
1998
(Public Law 105-85)
SEC. 1034. ANNUAL REPORT ON DEVELOPMENT AND DEPLOYMENT OF NARCOTICS
DETECTION TECHNOLOGIES.
(a) Report Requirement.--Not later than December 1st of each
year, the Director of the Office of National Drug Control
Policy shall submit to Congress and the President a report on
the development and deployment of narcotics detection
technologies by Federal agencies. Each such report shall be
prepared in consultation with the Secretary of Defense, the
Secretary of State, the Secretary [of Transportation] of
Homeland Security, and the Secretary of the Treasury.
* * * * * * *
----------
MILITARY SELECTIVE SERVICE ACT
TITLE I
* * * * * * *
training and service
Sec. 4. (a) Except as otherwise provided in this title,
every person required to register pursuant to section 3 of this
title who is between the ages of eighteen years and six months
and twenty-six years, at the time fixed for his registration,
or who attains the age of eighteen years and six months after
having been required to register pursuant to section 3 of this
title, or who is otherwise liable as provided in section 6(h)
of this title, shall be liable for training and service in the
Armed Forces of the United States: Provided, That each
registrant shall be immediately liable for classification and
examination, and shall, as soon as practicable following his
registration, be so classified and examined, both physically
and mentally, in order to determine his availability for
induction for training and service in the Armed Forces:
Provided further, That, notwithstanding any other provision of
law, any registrant who has failed or refused to report for
induction shall continue to remain liable for induction and
when available shall be immediately inducted. The President is
authorized, from time to time, whether or not a state of war
exists, to select and induct into the Armed Forces of the
United States for training and service in the manner provided
in this title (including but not limited to selection and
induction by age group or age groups) such number of persons as
may be required to provide and maintain the strength of the
Armed Forces.
* * * * * * *
No persons shall be inducted for such training and service
until adequate provision shall have been made for such shelter,
sanitary facilities, water supplies, heating and lighting
arrangements, medical care, and hospital accommodations for
such persons as may be determined by the Secretary of Defense
or the Secretary [of Transportation] of Homeland Security to be
essential to the public and personal health.
* * * * * * *
(b) Each person inducted into the Armed Forces under the
provisions of subsection (a) of this section shall serve on
active training and service for a period of twenty-four
consecutive months, unless sooner released, transferred, or
discharged in accordance with procedures prescribed by the
Secretary of Defense (or the Secretary [of Transportation] of
Homeland Security with respect to the United States Coast
Guard) or as otherwise prescribed by subsection (d) of section
4 of this title. The Secretaries of the Army, Navy, and Air
Force, with the approval of the Secretary of Defense (and the
Secretary [of Transportation] of Homeland Security with respect
to the United States Coast Guard), may provide, by regulations
which shall be as nearly uniform as practicable, for the
release from training and service in the armed forces prior to
serving the periods required by this subsection of individuals
who volunteered for and are accepted into organized units of
the Army National Guard and Air National Guard and other
reserve compoments.
* * * * * * *
deferment and exemptions
Sec. 6. (a) * * *
* * * * * * *
(d)(1) Within such numbers as may be prescribed by the
Secretary of Defense, any person who (A) has been or may
hereafter be selected for enrollment or continuance in the
senior division, Reserve Officers' Training Corps, or the Air
Reserve Officers' Training Corps, or the Naval Reserve
Officers' Training Corps, or the naval and Marine Corps officer
candidate traning program established by the Act of August 13,
1946 (60 Stat. 1057), as amended, or the Reserve officers'
candidate program of the Navy, or the platoon leaders' class of
the Marine Corps, or the officer recruitment programs of the
Coast Guard and the Coast Guard Reserve, or appointed an
ensign, United States Naval Reserve, while undergoing
professional training; (B) agrees, in writing, to accept a
commission, if tendered, and to serve, subject to order of the
Secretary of the military department having jurisdiction over
him (or the Secretary [of Transportation] of Homeland Security
with respect to the United States Coast Guard), not less than
two years on active duty after receipt of a commission; and (C)
agrees to remain a member of a regular or reserve component
until the eighth anniversary of the receipt of a commission in
accordance with his obligation under the first sentence of
section 651 of title 10, United States Code, or until the sixth
anniversary of the receipt of a commission in accordance with
his obligation under the second sentence of section 651 of
title 10, United States Code, shall be deferred from induction
under this title until after completion or termination of the
course of instruction and so long as he continues in a regular
or reserve status upon being commissioned, but shall not be
exempt from registration. Such persons, except those persons
who have previously completed an initial period of military
training or an equivalent period of active military training
and service, shall be required while enrolled in such programs
to complete a period of training equal (as determined under
regulation approved by the Secretary of Defense or the
Secretary [of Transportation] of Homeland Security with respect
to the United States Coast Guard) in duration and type of
training to an initial period of military training. There shall
be added to the obligated active commissioned service of any
person who has agreed to perform such obligatory service in
return for financial assistance while attending a civilian
college under any such training program a period of not to
exceed one year. Except as provided in paragraph (5), upon the
successful completion by any person of the required course of
instruction under any program listed in clause (A) of the first
sentence of this paragraph, such person shall be tendered a
commission in the appropriate reserve component of the Armed
Forces if he is otherwise qualified for such appointment. If,
at the time of, or subsequent to, such appointment, the armed
force in which such person is commissioned does not require his
service on active duty in fulfillment of the obligation
undertaken by him in compliance with clause (B) of the first
sentence of this paragraph, such person, shall be ordered to
active duty for training with such armed force in the grade in
which he was commissioned for a period of active duty for
training of not more than six months (not including duty
performed under section 10147 of title 10, United States Code),
as determined by the Secretary of the military department
concerned to be necessary to qualify such person for a
mobilization assignment. Upon being commissioned and assigned
to a reserve component, such person shall be required to serve
therein, or in a reserve component of any other armed force in
which he is later appointed, until the eighth anniversary of
the receipt of such commission pursuant to the provisions of
this section. So long as such person performs satisfactory
service, as determined under regulations prescribed by the
Secretary of Defense, he shall be deferred from training and
service under the provisions of this Act. If such person fails
to perform satisfactory service, and such failure is not
excused under regulations prescribed by the Secretary of
Defense, his commission may be revoked by the Secretary of the
military department concerned.
* * * * * * *
separation from service; reemployment rights
Sec. 9. (a) * * *
* * * * * * *
(c) The [Secretaries of Army, Navy, Air Force, or
Transportation] Secretary of a military department, and the
Secretary of Homeland Security with respect to the Coast Guard,
shall furnish to the Selective Service System hereafter
established a report of separation for each person separated
from active duty.
* * * * * * *
notice of title; voluntary enlistments
Sec. 15. (a) * * *
* * * * * * *
(e) In order to assist the Armed Forces in recruiting
individuals for voluntary service in the Armed Forces, the
Director shall, upon the request of the Secretary of Defense or
the Secretary [of Transportation] of Homeland Security, furnish
to the Secretary the names and addresses of individuals
registered under this Act. Names and addresses furnished
pursuant to the preceding sentence may be used by the Secretary
of Defense or Secretary [of Transportation] of Homeland
Security only for recruiting purposes.
* * * * * * *
----------
PUBLIC HEALTH SECURITY AND BIOTERRORISM PREPAREDNESS AND RESPONSE ACT
OF 2002
* * * * * * *
TITLE I--NATIONAL PREPAREDNESS FOR BIOTERRORISM AND OTHER PUBLIC HEALTH
EMERGENCIES
* * * * * * *
Subtitle B--Strategic National Stockpile; Development of Priority
Countermeasures
SEC. 121. STRATEGIC NATIONAL STOCKPILE.
(a) Strategic National Stockpile.--
(1) In general.--The [Secretary of Health and Human
Services] Secretary of Homeland Security (referred to
in this section as the ``Secretary''), in coordination
with the Secretary of Health and Human Services and the
Secretary of Veterans Affairs, shall maintain a
stockpile or stockpiles of drugs, vaccines and other
biological products, medical devices, and other
supplies in such numbers, types, and amounts as are
determined by the Secretary of Health and Human
Services to be appropriate and practicable, taking into
account other available sources, to provide for the
emergency health security of the United States,
including the emergency health security of children and
other vulnerable populations, in the event of a
bioterrorist attack or other public health emergency.
* * * * * * *
(2) Procedures.--The Secretary of Health and Human
Services, in managing the stockpile under paragraph
(1), shall--
(A) * * *
* * * * * * *
(b) Smallpox Vaccine Development.--
(1) In general.--The Secretary of Health and Human
Services shall award contracts, enter into cooperative
agreements, or carry out such other activities as may
reasonably be required in order to ensure that the
stockpile under subsection (a) includes an amount of
vaccine against smallpox as determined by the Secretary
of Health and Human Services to be sufficient to meet
the health security needs of the United States.
* * * * * * *
TITLE II--ENHANCING CONTROLS ON DANGEROUS BIOLOGICAL AGENTS AND TOXINS
Subtitle A--Department of Health and Human Services
SEC. 201. REGULATION OF CERTAIN BIOLOGICAL AGENTS AND TOXINS.
(a) * * *
(b) Report to Congress.--Not later than one year after the
date of the enactment of this Act, the [Secretary of Health and
Human Services] Secretary of Homeland Security, after
consultation with other appropriate Federal agencies, shall
submit to the Congress a report that--
(1) * * *
* * * * * * *
----------
SECTION 351A OF THE PUBLIC HEALTH SERVICE ACT
SEC. 351A. ENHANCED CONTROL OF DANGEROUS BIOLOGICAL AGENTS AND TOXINS.
(a) Regulatory Control of Certain Biological Agents and
Toxins.--
(1) List of biological agents and toxins.--
(A) In general.--The Secretary (as defined in
subsection (l)(9)) shall by regulation
establish and maintain a list of each
biological agent and each toxin that has the
potential to pose a severe threat to public
health and safety.
* * * * * * *
(h) Disclosure of Information.--
(1) * * *
(2) Covered agencies.--For purposes of paragraph (1)
only, the Federal agencies specified in this paragraph
are the following:
(A) The Department of Homeland Security, the
Department of Health and Human Services, the
Department of Justice, the Department of
Agriculture, and the Department of
Transportation.
* * * * * * *
(l) Definitions.--For purposes of this section:
(1) * * *
* * * * * * *
(9) The term ``Secretary'' means the Secretary of
Homeland Security, in consultation with the Secretary
of Health and Human Services.
* * * * * * *
----------
SECTION 210 OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF
1949
SEC. 210. OPERATION OF BUILDINGS AND RELATED ACTIVITIES
(a) Whenever and to the extent that the Administrator has
been or hereafter may be authorized by any provision of law
other than this subsection to maintain, operate, and protect
any building, property, or grounds situated in or outside the
District of Columbia, including the construction, repair,
preservation, demolition, furnishing, and equipment thereof, he
is authorized in the discharge of the duties so conferred upon
him--
(1) * * *
[(2) to furnish arms and ammunition for the
protection force maintained by the General Services
Administration;]
* * * * * * *
----------
ACT OF JUNE 1, 1948
AN ACT to authorize the Federal Works Administrator or officials of the
Federal Works Agency duly authorized by him to appoint special
policemen for duty upon Federal property under the jurisdiction of the
Federal Works Agency, and for other purposes.
[SECTION 1. SPECIAL POLICE.
[(a) Appointment.--The Administrator of General Services, or
officials of the General Services Administration duly
authorized by the Administrator, may appoint uniformed guards
of such Administration as special policemen without additional
compensation for duty in connection with the policing of all
buildings and areas owned or occupied by the United States and
under the charge and control of the Administrator.
[(b) Powers.--Special policemen appointed under this section
shall have the same powers as sheriffs and constables upon
property referred to in subsection (a) to enforce the laws
enacted for the protection of persons and property, and to
prevent breaches of the peace, to suppress affrays or unlawful
assemblies, and to enforce any rules and regulations
promulgated by the Administrator of General Services or such
duly authorized officials of the General Services
Administration for the property under their jurisdiction;
except that the jurisdiction and policing powers of such
special policemen shall not extend to the service of civil
process.
[Sec. 2. The Administrator of General Services or officials
of the General Services Administration duly authorized by him
are hereby authorized to make all needful rules and regulations
for the government of the property under their charge and
control, and to annex to such rules and regulations such
reasonable penalties, within the limits prescribed in section 4
of this Act, as will insure their enforcement: Provided, That
such rules and regulations shall be posted and kept posted in a
conspicuous place on such property.
[Sec. 3. Upon the application of the head of any department
or agency of the United States having property of the United
States under its administration and control, the Administrator
of General Services or officials of the General Services
Administration duly authorized by him are authorized to detail
any such special policemen for the protection of such property
and if he deems it desirable, to extend to such property the
applicability of any such regulations and to enforce the same
as herein set forth; and the Administrator of General Services
or official of the General Services Administration duly
authorized by him, whenever it is deemed economical and in the
public interest, may utilize the facilities and services of
existing Federal law-enforcement agencies, and, with the
consent of any State or local agency, the facilities and
services of such State or local law-enforcement agencies.
[Sec. 4. (a) Except as provided in subsection (b), whoever
violates any rule or regulation promulgated pursuant to section
2 of this Act shall be fined not more than $50 or imprisoned
not more than thirty days, or both.
[(b)(1) Whoever violates any military traffic regulation
shall be fined an amount not to exceed the amount of the
maximum fine for a like or similar offense under the criminal
or civil law of the State, territory, possession, or district
where the military installation in which the violation occurred
is located, or imprisoned for not more than 30 days, or both.
[(2) For purposes of this subsection, the term ``military
traffic regulation'' means a rule or regulation for the control
of vehicular or pedestrian traffic on military installations
that is promulgated by the Secretary of Defense, or the
designee of the Secretary, under the authority delegated
pursuant to section 2.
[Sec. 5. Officials or employees of the General Services
Administration who have been duly authorized to perform
investigative functions may be empowered by the Administrator
of General Services, or officials of General Services
Administration duly authorized by him, to act as nonuniformed
special policemen in order to protect property under the charge
and control of the General Services Administration and to carry
firearms, whether on Federal property or in travel status. Such
officials or employees who are empowered to act as nonuniformed
special policemen shall have, while on real property under the
charge and control of the General Services Administration, the
power to enforce Federal laws for the protection of persons and
property and the power to enforce rules and regulations made
and published for such purposes by the Administrator or duly
authorized officials of the General Services Administration.
Any such special policeman may make arrests without warrant for
any offense committed upon such property if he has reasonable
ground to believe (1) the offense constitutes a felony under
the laws of the United States, and (2) that the person to be
arrested is guilty of that offense.]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Public Property
Act''.
SEC. 2. LAW ENFORCEMENT AUTHORITY OF SECRETARY OF HOMELAND SECURITY FOR
PROTECTION OF PUBLIC PROPERTY.
(a) In General.--The Secretary of Homeland Security (in this
Act referred to as the Secretary'') shall protect the
buildings, grounds, and property that are owned, occupied, or
secured by the Federal Government (including any agency,
instrumentality, or wholly owned or mixed-ownership corporation
thereof) and the persons on the property.
(b) Officers and Agents.--
(1) Designation.--The Secretary may designate
employees of the Department of Homeland Security,
including employees transferred to the Department from
the Office of the Federal Protective Service of the
General Services Administration pursuant to the
Homeland Security Act of 2002, as officers and agents
for duty in connection with the protection of property
owned or occupied by the Federal Government and persons
on the property, including duty in areas outside the
property to the extent necessary to protect the
property and persons on the property.
(2) Powers.--While engaged in the performance of
official duties, an officer or agent designated under
this subsection may--
(A) enforce Federal laws and regulations for
the protection of persons and property;
(B) carry firearms;
(C) make arrests without a warrant for any
offense against the United States committed in
the presence of the officer or agent or for any
felony cognizable under the laws of the United
States if the officer or agent has reasonable
grounds to believe that the person to be
arrested has committed or is committing a
felony;
(D) serve warrants and subpoenas issued under
the authority of the United States; and
(E) conduct investigations, on and off the
property in question, of offenses that may have
been committed against property owned or
occupied by the Federal Government or persons
on the property.
(F) carry out such other activities for the
promotion of homeland security as the Secretary
may prescribe.
(c) Regulations.--
(1) In general.--The Secretary, in consultation with
the Administrator of General Services, may prescribe
regulations necessary for the protection and
administration of property owned or occupied by the
Federal Government and persons on the property. The
regulations may include reasonable penalties, within
the limits prescribed in paragraph (2), for violations
of the regulations. The regulations shall be posted and
remain posted in a conspicuous place on the property.
(2) Penalties.--A person violating a regulation
prescribed under this subsection shall be fined under
title 18, United States Code, imprisoned for not more
than 30 days, or both.
(d) Details.--
(1) Requests of agencies.--On the request of the head
of a Federal agency having charge or control of
property owned or occupied by the Federal Government,
the Secretary may detail officers and agents designated
under this section for the protection of the property
and persons on the property.
(2) Applicability of regulations.--The Secretary
may--
(A) extend to property referred to in
paragraph (1) the applicability of regulations
prescribed under this section and enforce the
regulations as provided in this section; or
(B) utilize the authority and regulations of
the requesting agency if agreed to in writing
by the agencies.
(3) Facilities and services of other agencies.--When
the Secretary determines it to be economical and in the
public interest, the Secretary may utilize the
facilities and services of Federal, State, and local
law enforcement agencies, with the consent of the
agencies.
(e) Authority Outside Federal Property.--For the protection
of property owned or occupied by the Federal Government and
persons on the property, the Secretary may enter into
agreements with Federal agencies and with State and local
governments to obtain authority for officers and agents
designated under this section to enforce Federal laws and State
and local laws concurrently with other Federal law enforcement
officers and with State and local law enforcement officers.
(f) Secretary and Attorney General Approval.--The powers
granted to officers and agents designated under this section
shall be exercised in accordance with guidelines approved by
the Secretary and the Attorney General.
(g) Limitation on Statutory Construction.--Nothing in this
section shall be construed to--
(1) preclude or limit the authority of any Federal
law enforcement agency; or
(2) restrict the authority of the Administrator of
General Services to promulgate regulations affecting
property under the Administrator's custody and control.
----------
NATIONAL SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION, AND PRIORITIES
ACT OF 1976
* * * * * * *
TITLE II--OFFICE OF SCIENCE AND TECHNOLOGY POLICY
* * * * * * *
FUNCTIONS
Sec. 204. (a) * * *
(b) In addition to such other functions and activities as the
President may assign, the Director shall--
(1) advise the President of scientific and
technological considerations involved in areas of
national concern including, but not limited to, the
economy, national security, homeland security, health,
foreign relations, the environment, and the
technological recovery and use of resources;
* * * * * * *
COORDINATION WITH OTHER ORGANIZATIONS
Sec. 208. (a) In exercising his functions under this Act, the
Director shall--
(1) work in close consultation and cooperation with
the Domestic Council, the National Security Council,
the Office of Homeland Security, the Council on
Environmental Quality, the Council of Economic
Advisers, the Office of Management and Budget, the
National Science Board, and the Federal departments and
agencies;
* * * * * * *
----------
SECTION 901 OF TITLE 31, UNITED STATES CODE
Sec. 901. Establishment of agency Chief Financial Officers
(a) * * *
(b)(1) The agencies referred to in subsection (a)(1) are the
following:
(A) * * *
* * * * * * *
(G) The Department of Homeland Security.
[(G)] (H) The Department of Housing and Urban
Development.
[(H)] (I) The Department of the Interior.
[(I)] (J) The Department of Justice.
[(J)] (K) The Department of Labor.
[(K)] (L) The Department of State.
[(L)] (M) The Department of Transportation.
[(M)] (N) The Department of the Treasury.
[(N)] (O) The Department of Veterans Affairs.
[(O)] (P) The Environmental Protection Agency.
[(P)] (Q) The National Aeronautics and Space
Administration.
* * * * * * *
----------
SECTION 5131 OF THE CLINGER-COHEN ACT OF 1996
SEC. 5131. RESPONSIBILITIES REGARDING EFFICIENCY, SECURITY, AND PRIVACY
OF FEDERAL COMPUTER SYSTEMS.
(a) * * *
* * * * * * *
(c) Waiver of Standards.--The standards determined under
subsection (a) to be compulsory and binding may be waived by
the Secretary of Commerce in writing upon a determination that
compliance would adversely affect the accomplishment of the
mission of an operator of a Federal computer system, or cause a
major adverse financial impact on the operator which is not
offset by Government-wide savings. The Secretary may delegate
to the head of one or more Federal agencies authority to waive
such standards to the extent to which the Secretary determines
such action to be necessary and desirable to allow for timely
and effective implementation of Federal computer system
standards. The head of such agency may redelegate such
authority only to a Chief Information Officer designated or
appointed pursuant to section 3506 of title 44, United States
Code. Notice of each such waiver and delegation shall be
transmitted promptly to Congress and shall be published
promptly in the Federal Register.
* * * * * * *
----------
CHAPTER 35 OF TITLE 44, UNITED STATES CODE
CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY
* * * * * * *
SUBCHAPTER I--FEDERAL INFORMATION POLICY
* * * * * * *
Sec. 3506. Federal agency responsibilities
(a)(1) * * *
(2)(A) Except as provided under [subparagraph (B)]
subparagraphs (B) and (C), the head of each agency shall
designate a Chief Information Officer who shall report directly
to such agency head to carry out the responsibilities of the
agency under this subchapter.
* * * * * * *
(C) The Chief Information Officer of the Department of
Homeland Security shall be an individual who is appointed by
the President.
(3) The Chief Information Officer designated or appointed
under paragraph (2) shall head an office responsible for
ensuring agency compliance with and prompt, efficient, and
effective implementation of the information policies and
information resources management responsibilities established
under this subchapter, including the reduction of information
collection burdens on the public. The Chief Information Officer
and employees of such office shall be selected with special
attention to the professional qualifications required to
administer the functions described under this subchapter.
(4) Each agency program official shall be responsible and
accountable for information resources assigned to and
supporting the programs under such official. In consultation
with the Chief Information Officer designated or appointed
under paragraph (2) and the agency Chief Financial Officer (or
comparable official), each agency program official shall define
program information needs and develop strategies, systems, and
capabilities to meet those needs.
* * * * * * *
(c) With respect to the collection of information and the
control of paperwork, each agency shall--
(1) establish a process within the office headed by
the Chief Information Officer designated or appointed
under subsection (a), that is sufficiently independent
of program responsibility to evaluate fairly whether
proposed collections of information should be approved
under this subchapter, to--
(A) * * *
* * * * * * *
Minority Views
We are united with the President and with our Republican
colleagues in our determination to win the war against
terrorism. We have a responsibility to the victims and
survivors of the terrorist attacks on our soil and to all
Americans to reduce the risk of further attacks. We believe
that our government must be reorganized to meet that goal.
The most important responsibility of our government is to
protect and defend our citizens, in their daily lives and in
their basic freedoms. Any proposal upon which Congress acts
must be measured against a simple test: Do the actions we take
make the American people safer? Regrettably, we do not believe
that the bill passed by the House Select Committee on Homeland
Security sufficiently meets that test.
Rather than developing a streamlined, agile government
department capable of making maximum use of new information
technologies, the Select Committee's legislation in its present
form would create a huge, costly, and inefficient 1950s style
government bureaucracy that will likely take years before it
functions properly. The proposed department's size, cost, and
speed will not make it the best instrument to fight terrorism.
The majority on the Select Committee has included
provisions that may actually make us less safe. By retaining
the President's plan to dismantle civil service protections,
they have virtually guaranteed that the new department will not
have the best possible workforce. The majority's bill also
provides overly broad exemptions from ``good government'' laws
that do not obstruct the war on terrorism but do protect our
tradition of open, accountable government. Finally, the Select
Committee's bill gratuitously protects irresponsible
corporations, including those that incorporate offshore to
avoid paying their share of the war on terrorism and those who
knowingly make faulty products.
These shortages could have been addressed if the Select
Committee had adhered to the bipartisan work product of the
standing committees of jurisdiction. The Select Committee was
established to reconcile the work of twelve separate
Congressional committees. These committees represent an
enormous reservoir of expertise on all facets of the federal
government. The Members who serve on them, on both sides of the
aisle, have dedicated years to learning about the government
agencies for which they are responsible. These committees
worked in a bipartisan way to analyze and make reasoned changes
to the President's proposed legislation. Unfortunately, the
Chairman's mark did not reflect the committees' actions. The
bill considered and passed by the Select Committee did not
include many sound and sensible provisions passed by the
committees with expertise. At the same time, the Select
Committee added a number of flawed and controversial provisions
which were neither proposed by the President nor considered by
the committees of jurisdiction to the legislation.
transition issues
Establishing any department of the magnitude the President
has proposed would take a significant amount of time. David
Walker, Comptroller General of the United States, testified
before the Select Committee on July 17 that, ``The experiences
of organizations that have undertaken transformational change
efforts along the lines that will be necessary for the new
department to be fully effective suggest that this process can
take up to 5 to 10 years to provide meaningful and sustainable
results.'' During this extended period, the new department will
experience growing pains at a time when we do not have the
luxury of a less than fully functioning organization. Our
country could become more vulnerable, not less. As will be
noted later, Democratic Members offered an amendment to improve
management of the department and to reduce this time, but the
majority rejected it.
The President has said that his proposal, because it
rearranges existing agencies, will not increase the size of
government. He has further stated that, for the same reason, it
will be budget neutral. He neglects, however, the inherent cost
of such a large transition.
The Chairman and Ranking Member of the Government Reform
Committee wrote to the Congressional Budget Office (CBO) to
request an estimate of the cost of the President's proposal.
The CBO found that the combination of mundane transfer matters,
such as providing and equipping office space, and the agency's
new responsibilities would make the costs of the new department
significant. According to the CBO's analysis, ``implementing
H.R. 5005 would cost about $3 billion over the 2003-2007
period.'' This amount is only for transition costs and does not
include all the necessary funds to carry out the homeland
security functions of the agencies transferred into the new
Department. For example, the $3 billion will not cover the
costs of bringing the new Department up to date
technologically. These technological upgrades are essential.
good government--civil service protections
There is no conflict between the security of the American
people and the hard-won job protections of working people.
Unfortunately, the majority on the Select Committee has weighed
down this bill with controversial language that would undermine
civil service protections for 170,000 dedicated workers. These
provisions could compromise the effectiveness of the
Department's efforts to ensure homeland security.
Some Republican leaders have long wanted to gut America's
civil service system, but it is shameful that they would try to
use homeland security as an excuse to do it. The civil service
system protects Americans against a 'spoils' system that would
allow politicians to reward their friends and supporters with
important government jobs. It is crucial that the Department of
Homeland Security be staffed by professionals--not by the
political cronies of whichever party happens to hold the White
House.
The majority adopted an amendment that they labeled a
compromise between the Administration's original proposal and
current law. Yet, the Committee on Government Reform, the
committee with primary jurisdiction over creating this new
department, voted unanimously to continue current civil service
protections for the workers who would be transferred. The
majority on the select committee rejected this bipartisan
recommendation and instead approved a proposal that will deny
these dedicated public servants the rights they have enjoyed.
When they are transferred to the new DHS, their jobs may
not change, but by virtue of that address change, these
employees will no longer be entitled to a number of important
protections, including the guarantee that their pay will not be
reduced. The majority gives the Secretary the right to waive
the right to appeal disciplinary actions to the Merit System
Protection Board (MSPB), essentially eliminating their
guarantee of due process when disciplined by management. The
majority also allows the Secretary to waive the employee
classification system and seeks to abandon the General Schedule
(GS) pay system, the senior executive pay system, the
prevailing rate pay system, locality pay, and the system of
annual cost-of-living adjustments.
Finally, the majority would waive the requirements of
current law that give federal employees hard-earned collective
bargaining rights. We agree that the President should have the
authority, as he does under current law, to exclude from union
membership those select workers who have direct national
security responsibilities. But the majority is insisting on the
wholesale abrogation of the rights of workers--the very same
public servants the President has gone out of his way to praise
for their patriotism and dedication to duty--simply because
they have been moved from one department in the federal
government to another.
In contesting the majority's apparent partisan attack on
worker protections, the minority offered two common-sense,
bipartisan amendments to the majority's proposal. The first was
an amendment that Democrats and Republicans on the Government
Reform Committee had agreed to unanimously. Our amendment would
have ensured that federal employees in the new Department of
Homeland Security have basic title 5 protections and would
have:
Given the Secretary the authority to harmonize pay
schedules;
Allowed the Secretary to suspend or remove
Department employees in the interest of national or homeland
security;
Guaranteed that federal employees transferred to
the new agency will not have their pay reduced;
Prevented the employment system of the
Transportation Security Administration, which includes few of
the protections of title 5, from being applied to new hires
outside of the Transportation Security Administration;
Strengthened whistleblower protections by giving
whistleblowers across the government the right to sue for lost
wages, as well as compensatory and punitive damages.
Despite the unanimous, bipartisan support this amendment
earned in the Government Reform Committee, the majority on the
Select Committee rejected it on a straight party-line vote (5-
4).
The second amendment offered by the Select Committee
minority also passed out of the Government Reform Committee
with bipartisan support (on a 21-19 vote). Authored by Rep.
Morella of Maryland, this amendment would ensure that workers'
collective bargaining rights could not be waived unless their
functions change when they move into the new Department. The
Morella amendment would ensure that if employees' jobs did not
change, then they would not lose their current protections.
Additionally, the amendment would ensure that only the
President--not the Secretary or any other official--has the
authority to deny union representation to employees based on
national security. Unfortunately, the Select Committee majority
rejected this bipartisan amendment on a straight party-line
vote (5-4).
The combination of these ill-advised assaults on our time-
tested civil service system will undermine the quality of the
new department's workforce-not an auspicious start to securing
the homeland.
good government--freedom of information act (foia)
We have serious concerns regarding the bill's provisions
relating to the Freedom of Information Act (FOIA). FOIA was
designed to preserve openness and accountability in government.
In recognition that there is a need to protect some sensitive
information, FOIA already contains exemptions from disclosure
for national security information (exemption 1), sensitive law
enforcement information (exemption 7), or confidential business
information (exemption 4). New exemptions to its provisions are
not necessary and are a retreat from openness in government.
H.R. 5005, however, would broaden the FOIA exemption,
defining ``critical infrastructure'' in such broad terms that
it would even cover corporations seeking liability protection.
For example, an energy company could hide from the public
information about a leak at its nuclear power plant simply by
submitting information, unsolicited, to the DHS.
H.R. 5005 would also preempt state disclosure laws, stating
that information submitted under this section ``shall not, if
provided to a state or local government or government agency--
(I) be made available pursuant to any state or local law
requiring disclosure of information or records.''
The United States has a strong tradition of open and
accountable government, and we must not sacrifice those basic
principles as we secure our homeland. This provision would
threaten that tradition and needlessly curtail the public's
right to health and safety information. It should be removed
from the bill.
good government--federal advisory commission act
We are disappointed and concerned that the majority chose
to exempt the proposed department from the requirements of the
Federal Advisory Committee Act (FACA). FACA is one of the
central mechanisms to assure that advice to the government is
balanced and made in an open manner. FACA takes that advice out
of the backroom and into the sunshine.
FACA requires that any committee formed to provide advice
to the federal government, and which consists of members who
are not federal employees, follow certain rules in order to
promote good-government values such as openness,
accountability, and a balance of viewpoints. Generally, FACA
requires that such committees announce their meetings, hold
their meetings in public, take minutes of the meetings, and
provide the opportunity for divergent viewpoints to be
represented.
FACA already contains protections for sensitive
information. It already exempts information that relates to
national security issues or information that is classified. As
a result, many agencies with homeland security missions, such
as the Department of Justice, the Federal Bureau of
Investigation, and the Department of Defense, currently operate
under FACA without difficulty. There is an established waiver
process, and FACA provides for closed meetings when necessary
for national security and privacy.
The minority offered an amendment to apply FACA to the new
department. It was defeated on a party-line vote.
good government--deputy secretary for management
A reorganization of this magnitude requires strong
management if we are to meet our homeland security goals. This
is the largest government reorganization of our time, bringing
in 170,000 employees from disparate agencies to work under the
guidance of one secretary. The General Accounting Office (GAO)
has said that the experiences of organizations undergoing
radical change like this one show that it could be five to ten
years before the new department becomes fully effective. That
is too long for the American people to wait.
In his testimony before the Select Committee on Homeland
Security on July 17, GAO Comptroller General David Walker said,
``it is important for Congress to give serious consideration to
creating a deputy secretary for management/chief operating
officer (COO) position within the department to provide the
sustained management attention essential for addressing key
infrastructure and stewardship issues while helping to
facilitate the transition and transformation process.''
We believe the Select Committee should have heeded the
GAO's advice and elevated the undersecretary for management to
a deputy secretary position. We believe this would make the
transition smoother and faster so the department can place its
entire focus on protecting our homeland. We offered such an
amendment, but it was defeated on a party-line vote.
complete immunity for defective anti-terrorism devices
We are also particularly troubled that the majority has
chosen to use the creation of the new Department of Homeland
Security as a vehicle to institute broad changes to our tort
laws. Under the majority's plan, knowingly shipping tainted
anthrax vaccine to our soldiers in harm's way in Afghanistan
would not be a cause for legal action. A soldier's widow would
not be able to sue the company that created the vaccine even if
it had known the product was defective.
In what was supposed to be a bipartisan process, the
majority presented Democratic Members one day prior to the
markup with a new Subtitle G of Title VII, entitled the Support
Anti-Terrorism by Fostering Effective Technologies Act (the
SAFETY Act). This provision would protect manufacturers of
defective anti-terrorism products from legal liability. As
written, the SAFETY Act would bar access to state courts,
eliminate punitive damages, cap liability, extend a form of
immunity to sellers of potentially defective products,
eliminate joint liability, and limit all forms of liability to
the limits of ``reasonably priced'' insurance. Under current
law, the heads of designated departments or agencies already
have the discretionary power to provide contractors with
government indemnity when there are ``unusually hazardous or
nuclear risks.''
In short, this provision severely restricts the ability of
claimants to recover for their injuries and fails to provide
for any alternative form of compensation or indemnification.
The provision was not reported from any of the committees with
jurisdiction over the creation of the new Department of
Homeland Security. We offered an amendment to strike it from
the bill, but the amendment was rejected on a party-line vote.
In addition, the mechanism established in the SAFETY Act
differs substantially from past attempts to limit seller
liability in emergency circumstances. For example, the Air
Transportation Safety and System Act, enacted after September
11, imposed limits of liability and established an exclusively
federal cause of action but also established an alternative
victim's compensation fund. In another example, the Swine Flu
Act of 1976 shielded manufacturers of the Swine Flu vaccine
from liability, but preserved the right of victims to sue the
federal government under the Federal Tort Claims Act. We
believe the country, and its citizens, would be better served
by a more judicious extension of indemnification rather than
the blanket exemption from liability on the part of a
manufacturer of anti-terrorism technology or services.
corporate expatriates
We are deeply disappointed that the Committee did not
include an amendment offered by Congresswoman DeLauro that
would have prohibited the Department of Homeland Security from
entering into contracts with so-called ``corporate
expatriates.'' A similar provision was passed unanimously by
the Ways and Means Committee but was removed in the chairman's
mark.
Corporate expatriates receive $2 billion a year in
government procurement contracts. Their principal equity market
is the United States and they depend on our Armed Services to
protect their physical assets, yet they incorporate on paper in
another country to avoid their fiduciary responsibility to
America. Already, these companies are lining up to receive
contracts from the DHS. The Department of Homeland Security
should not reward these companies for putting profits over
patriotism by awarding them new government contracts.
information sharing
The events and factors that led to the terrorist attacks of
September 11th regrettably involved failures among federal
agencies and between the federal agencies and state and local
authorities to share critical information related to the threat
of terrorism. We learned as much--and much more--from FBI agent
Colleen Rowley, who courageously testified in detail about
shortcomings in the FBI's handling of the case of the so-called
20th hijacker, Zacarias Moussaoui.
The amendment presented by Rep. Menendez closely tracks,
with minor modifications, the proposal of Reps. Chambliss and
Harman in the Information Security Act of 2002--a bill that
passed the House a month ago. The amendment, which failed by a
5-4 party-line vote, would have required the President to
prescribe and implement procedures for federal agencies to
share information both among themselves, and between them and
state and local governments. The amendment would ensure that
critical threat information would be shared, thus addressing
the key and most glaring shortcoming of our Federal Government
leading up to the events of September 11th.
conclusion
We are disappointed that the majority missed an historic
opportunity to approve a homeland security bill worthy of the
American people. We want a strong bipartisan bill to create a
new Department of Homeland Security that would make the
American people safer while respecting its workforce and
maximizing the advances of technology.
Unfortunately, the majority opposed initiatives to reduce
risk and respond to terrorists' attacks. They attempted to
postpone indefinitely the deadline for deployment of explosive
detection devices at our nation's airports. They rejected the
imperative of information-sharing. They defended the expatriate
companies who have chosen profits over patriotism, rejecting an
amendment that would have prevented these companies who avoid
paying taxes from receiving government contracts to fight
terrorism. They turned back the clock on civil service
protection for workers and also voted to grant unprecedented
liability protections for those who manufacture defective anti-
terrorism devices.
We remain committed to a strong, effective Department of
Homeland Security and hope that these issues and other concerns
will be successfully addressed during consideration on the
House floor.
Nancy Pelosi.
Martin Frost.
Robert Menendez.
Rosa L. DeLauro.
Dissenting Views
In a bill to improve homeland security, the majority has
inserted a provision that will do the exact opposite. We
strongly object to Section 409 of the reported bill, which
extends for one year the December 31, 2002 deadline for the
Transportation Security Administration (TSA) to use certified
explosive detection equipment to screen all checked baggage on
airlines. We can think of no good reason why this provision was
inserted. The Department of Transportation has said this
extension is not necessary. Secretary of Transportation Mineta
has repeatedly promised to meet the original deadline. The
Administration did not ask for an extension.
An extension at this time will halt the current program and
substantially delay the installation of equipment that could be
in place in the next few months. Screening airline baggage by
explosive detection equipment is the only effective way to
prevent a suicide bomber from bringing down an aircraft.
Section 409 does not belong in this bill. This is a bill to
create a new Department, not to change the rules governing the
component agencies. On baggage screening, the committee of
jurisdiction, the Transportation and Infrastructure Committee,
is holding hearings this week on the status of TSA's
installation of explosive detection equipment. This issue
should be explored and dealt with by the Transportation
Committee, the Committee with specific expertise in these
issues.
The December 31, 2002 deadline was imposed in the Aviation
and Transportation Security Act that we passed last November by
a vote of 410 to 9. In the debates on the bill, Members on both
sides of the aisle strongly supported a deadline for
installation of explosive detection equipment and criticized
the Senate bill because it did not have a deadline.
It has been suggested that delay is needed to await the
development of new technology. In reality, none of the new
technology currently being evaluated is likely to be certified
in time for installation by December 31, 2003, the new deadline
established by the Select Committee.
We already have certified equipment that can detect
explosives that can destroy an airplane. Awaiting even better
technology starts us down a dangerous path. It is reminiscent
of the Federal Aviation Administration's (FAA) failure in the
1980s to require the installation of collision avoidance
equipment (TCAS II), because the equipment gave only vertical
directions for evasive action. FAA was awaiting the development
of TCAS III, which would also give horizontal directions. While
FAA delayed installation of the existing technology, there were
three tragic midair collisions that could have been prevented
by TCAS II, resulting in the loss of hundreds of lives. After
the last of these crashes over Cerritos, California, we passed
legislation to require the installation of TCAS II.
It is difficult to see why the Majority has decided to
include in a bill to enhance security a provision which will
detract from security. The deadline was necessary to ensure the
security of our aviation system when it passed the House 410-9,
and it still is.
Nancy Pelosi.
Robert Menendez.
Rosa L. DeLauro.
