Homeland Security Act of 2002 (Pub. L. 107–296)

PUBLIC LAW 107–296—NOV. 25, 2002

116 STAT. 2135

Public Law 107–296
107th Congress
An Act
To establish the Department of Homeland Security, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Homeland
Security Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec.
Sec.
Sec.
Sec.

1.
2.
3.
4.

Nov. 25, 2002
[H.R. 5005]
Homeland
Security Act of
2002.
6 USC 101 note.

Short title; table of contents.
Definitions.
Construction; severability.
Effective date.

TITLE I—DEPARTMENT OF HOMELAND SECURITY
Sec. 101. Executive department; mission.
Sec. 102. Secretary; functions.
Sec. 103. Other officers.
TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A—Directorate for Information Analysis and Infrastructure Protection;
Access to Information
Sec. 201. Directorate for Information Analysis and Infrastructure Protection.
Sec. 202. Access to information.
Sec.
Sec.
Sec.
Sec.
Sec.

211.
212.
213.
214.
215.

Subtitle B—Critical Infrastructure Information
Short title.
Definitions.
Designation of critical infrastructure protection program.
Protection of voluntarily shared critical infrastructure information.
No private right of action.

Sec.
Sec.
Sec.
Sec.
Sec.

221.
222.
223.
224.
225.

Subtitle C—Information Security
Procedures for sharing information.
Privacy Officer.
Enhancement of non-Federal cybersecurity.
Net guard.
Cyber Security Enhancement Act of 2002.

Subtitle D—Office of Science and Technology
Establishment of office; Director.
Mission of office; duties.
Definition of law enforcement technology.
Abolishment of Office of Science and Technology of National Institute of
Justice; transfer of functions.
Sec. 235. National Law Enforcement and Corrections Technology Centers.
Sec. 236. Coordination with other entities within Department of Justice.
Sec. 237. Amendments relating to National Institute of Justice.
Sec.
Sec.
Sec.
Sec.

231.
232.
233.
234.

TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND
SECURITY
Sec. 301. Under Secretary for Science and Technology.

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116 STAT. 2136

PUBLIC LAW 107–296—NOV. 25, 2002

Sec. 302. Responsibilities and authorities of the Under Secretary for Science and
Technology.
Sec. 303. Functions transferred.
Sec. 304. Conduct of certain public health-related activities.
Sec. 305. Federally funded research and development centers.
Sec. 306. Miscellaneous provisions.
Sec. 307. Homeland Security Advanced Research Projects Agency.
Sec. 308. Conduct of research, development, demonstration, testing and evaluation.
Sec. 309. Utilization of Department of Energy national laboratories and sites in
support of homeland security activities.
Sec. 310. Transfer of Plum Island Animal Disease Center, Department of Agriculture.
Sec. 311. Homeland Security Science and Technology Advisory Committee.
Sec. 312. Homeland Security Institute.
Sec. 313. Technology clearinghouse to encourage and support innovative solutions
to enhance homeland security.
TITLE IV—DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY
Subtitle A—Under Secretary for Border and Transportation Security
Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Responsibilities.
Sec. 403. Functions transferred.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

411.
412.
413.
414.
415.
416.
417.
418.
419.

Subtitle B—United States Customs Service
Establishment; Commissioner of Customs.
Retention of customs revenue functions by Secretary of the Treasury.
Preservation of customs funds.
Separate budget request for customs.
Definition.
GAO report to Congress.
Allocation of resources by the Secretary.
Reports to Congress.
Customs user fees.

Subtitle C—Miscellaneous Provisions
Sec. 421. Transfer of certain agricultural inspection functions of the Department of
Agriculture.
Sec. 422. Functions of Administrator of General Services.
Sec. 423. Functions of Transportation Security Administration.
Sec. 424. Preservation of Transportation Security Administration as a distinct entity.
Sec. 425. Explosive detection systems.
Sec. 426. Transportation security.
Sec. 427. Coordination of information and information technology.
Sec. 428. Visa issuance.
Sec. 429. Information on visa denials required to be entered into electronic data
system.
Sec. 430. Office for Domestic Preparedness.
Subtitle D—Immigration Enforcement Functions
Sec. 441. Transfer of functions to Under Secretary for Border and Transportation
Security.
Sec. 442. Establishment of Bureau of Border Security.
Sec. 443. Professional responsibility and quality review.
Sec. 444. Employee discipline.
Sec. 445. Report on improving enforcement functions.
Sec. 446. Sense of Congress regarding construction of fencing near San Diego, California.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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451.
452.
453.
454.
455.
456.
457.
458.
459.
460.

Subtitle E—Citizenship and Immigration Services
Establishment of Bureau of Citizenship and Immigration Services.
Citizenship and Immigration Services Ombudsman.
Professional responsibility and quality review.
Employee discipline.
Effective date.
Transition.
Funding for citizenship and immigration services.
Backlog elimination.
Report on improving immigration services.
Report on responding to fluctuating needs.

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Sec. 461. Application of Internet-based technologies.
Sec. 462. Children’s affairs.
Subtitle F—General Immigration Provisions
Sec. 471. Abolishment of INS.
Sec. 472. Voluntary separation incentive payments.
Sec. 473. Authority to conduct a demonstration project relating to disciplinary action.
Sec. 474. Sense of Congress.
Sec. 475. Director of Shared Services.
Sec. 476. Separation of funding.
Sec. 477. Reports and implementation plans.
Sec. 478. Immigration functions.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

501.
502.
503.
504.
505.
506.
507.
508.
509.

TITLE V—EMERGENCY PREPAREDNESS AND RESPONSE
Under Secretary for Emergency Preparedness and Response.
Responsibilities.
Functions transferred.
Nuclear incident response.
Conduct of certain public health-related activities.
Definition.
Role of Federal Emergency Management Agency.
Use of national private sector networks in emergency response.
Use of commercially available technology, goods, and services.

TITLE VI—TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE
ARMED FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL
ORGANIZATIONS
Sec. 601. Treatment of charitable trusts for members of the Armed Forces of the
United States and other governmental organizations.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

701.
702.
703.
704.
705.
706.

TITLE VII—MANAGEMENT
Under Secretary for Management.
Chief Financial Officer.
Chief Information Officer.
Chief Human Capital Officer.
Establishment of Officer for Civil Rights and Civil Liberties.
Consolidation and co-location of offices.

TITLE VIII—COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR
GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL
PROVISIONS
Subtitle A—Coordination with Non-Federal Entities
Sec. 801. Office for State and Local Government Coordination.
Subtitle B—Inspector General
Sec. 811. Authority of the Secretary.
Sec. 812. Law enforcement powers of Inspector General agents.
Subtitle C—United States Secret Service
Sec. 821. Functions transferred.
Sec.
Sec.
Sec.
Sec.
Sec.

831.
832.
833.
834.
835.

Subtitle D—Acquisitions
Research and development projects.
Personal services.
Special streamlined acquisition authority.
Unsolicited proposals.
Prohibition on contracts with corporate expatriates.

Subtitle E—Human Resources Management
Sec. 841. Establishment of Human Resources Management System.
Sec. 842. Labor-management relations.
Subtitle F—Federal Emergency Procurement Flexibility
Sec. 851. Definition.
Sec. 852. Procurements for defense against or recovery from terrorism or nuclear,
biological, chemical, or radiological attack.

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Sec. 853. Increased simplified acquisition threshold for procurements in support of
humanitarian or peacekeeping operations or contingency operations.
Sec. 854. Increased micro-purchase threshold for certain procurements.
Sec. 855. Application of certain commercial items authorities to certain procurements.
Sec. 856. Use of streamlined procedures.
Sec. 857. Review and report by Comptroller General.
Sec. 858. Identification of new entrants into the Federal marketplace.
Subtitle G—Support Anti-terrorism by Fostering Effective Technologies Act of 2002
Sec. 861. Short title.
Sec. 862. Administration.
Sec. 863. Litigation management.
Sec. 864. Risk management.
Sec. 865. Definitions.

Sec. 888.
Sec. 889.
Sec. 890.

Subtitle H—Miscellaneous Provisions
Advisory committees.
Reorganization.
Use of appropriated funds.
Future Year Homeland Security Program.
Miscellaneous authorities.
Military activities.
Regulatory authority and preemption.
Counternarcotics officer.
Office of International Affairs.
Prohibition of the Terrorism Information and Prevention System.
Review of pay and benefit plans.
Office for National Capital Region Coordination.
Requirement to comply with laws protecting equal employment opportunity and providing whistleblower protections.
Federal Law Enforcement Training Center.
Joint Interagency Task Force.
Sense of Congress reaffirming the continued importance and applicability
of the Posse Comitatus Act.
Coordination with the Department of Health and Human Services under
the Public Health Service Act.
Preserving Coast Guard mission performance.
Homeland security funding analysis in President’s budget.
Air Transportation Safety and System Stabilization Act.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

891.
892.
893.
894.
895.
896.
897.
898.
899.

Subtitle I—Information Sharing
Short title; findings; and sense of Congress.
Facilitating homeland security information sharing procedures.
Report.
Authorization of appropriations.
Authority to share grand jury information.
Authority to share electronic, wire, and oral interception information.
Foreign intelligence information.
Information acquired from an electronic surveillance.
Information acquired from a physical search.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

901.
902.
903.
904.
905.
906.

TITLE IX—NATIONAL HOMELAND SECURITY COUNCIL
National Homeland Security Council.
Function.
Membership.
Other functions and activities.
Staff composition.
Relation to the National Security Council.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1001.
1002.
1003.
1004.
1005.
1006.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

871.
872.
873.
874.
875.
876.
877.
878.
879.
880.
881.
882.
883.

Sec. 884.
Sec. 885.
Sec. 886.
Sec. 887.

TITLE X—INFORMATION SECURITY
Information security.
Management of information technology.
National Institute of Standards and Technology.
Information Security and Privacy Advisory Board.
Technical and conforming amendments.
Construction.
TITLE XI—DEPARTMENT OF JUSTICE DIVISIONS

Subtitle A—Executive Office for Immigration Review
Sec. 1101. Legal status of EOIR.

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116 STAT. 2139

Sec. 1102. Authorities of the Attorney General.
Sec. 1103. Statutory construction.
Subtitle B—Transfer of the Bureau of Alcohol, Tobacco and Firearms to the
Department of Justice
Sec. 1111. Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Sec. 1112. Technical and conforming amendments.
Sec. 1113. Powers of agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Sec. 1114. Explosives training and research facility.
Sec. 1115. Personnel management demonstration project.
Sec.
Sec.
Sec.
Sec.

1121.
1122.
1123.
1124.

Sec. 1125.
Sec. 1126.
Sec. 1127.
Sec. 1128.
Sec.
Sec.
Sec.
Sec.

Subtitle C—Explosives
Short title.
Permits for purchasers of explosives.
Persons prohibited from receiving or possessing explosive materials.
Requirement to provide samples of explosive materials and ammonium
nitrate.
Destruction of property of institutions receiving Federal financial assistance.
Relief from disabilities.
Theft reporting requirement.
Authorization of appropriations.

TITLE XII—AIRLINE WAR RISK INSURANCE LEGISLATION
1201. Air carrier liability for third party claims arising out of acts of terrorism.
1202. Extension of insurance policies.
1203. Correction of reference.
1204. Report.
TITLE XIII—FEDERAL WORKFORCE IMPROVEMENT

Sec.
Sec.
Sec.
Sec.
Sec.

1301.
1302.
1303.
1304.
1305.

Subtitle A—Chief Human Capital Officers
Short title.
Agency Chief Human Capital Officers.
Chief Human Capital Officers Council.
Strategic human capital management.
Effective date.

Subtitle B—Reforms Relating to Federal Human Capital Management
Sec. 1311. Inclusion of agency human capital strategic planning in performance
plans and programs performance reports.
Sec. 1312. Reform of the competitive service hiring process.
Sec. 1313. Permanent extension, revision, and expansion of authorities for use of
voluntary separation incentive pay and voluntary early retirement.
Sec. 1314. Student volunteer transit subsidy.
Subtitle C—Reforms Relating to the Senior Executive Service
Sec. 1321. Repeal of recertification requirements of senior executives.
Sec. 1322. Adjustment of limitation on total annual compensation.
Subtitle D—Academic Training
Sec. 1331. Academic training.
Sec. 1332. Modifications to National Security Education Program.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1401.
1402.
1403.
1404.
1405.
1406.

TITLE XIV—ARMING PILOTS AGAINST TERRORISM
Short title.
Federal Flight Deck Officer Program.
Crew training.
Commercial airline security study.
Authority to arm flight deck crew with less-than-lethal weapons.
Technical amendments.
TITLE XV—TRANSITION

Subtitle A—Reorganization Plan
Sec. 1501. Definitions.
Sec. 1502. Reorganization plan.
Sec. 1503. Review of congressional committee structures.
Subtitle B—Transitional Provisions
Sec. 1511. Transitional authorities.

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116 STAT. 2140

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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1512.
1513.
1514.
1515.
1516.
1517.

Savings provisions.
Terminations.
National identification system not authorized.
Continuity of Inspector General oversight.
Incidental transfers.
Reference.

TITLE XVI—CORRECTIONS TO EXISTING LAW RELATING TO AIRLINE
TRANSPORTATION SECURITY
Sec. 1601. Retention of security sensitive information authority at Department of
Transportation.
Sec. 1602. Increase in civil penalties.
Sec. 1603. Allowing United States citizens and United States nationals as screeners.
TITLE XVII—CONFORMING AND TECHNICAL AMENDMENTS

6 USC 101.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1701.
1702.
1703.
1704.
1705.
1706.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1707.
1708.
1709.
1710.
1711.
1712.
1713.
1714.
1715.
1716.
1717.

Inspector General Act of 1978.
Executive Schedule.
United States Secret Service.
Coast Guard.
Strategic national stockpile and smallpox vaccine development.
Transfer of certain security and law enforcement functions and authorities.
Transportation security regulations.
National Bio-Weapons Defense Analysis Center.
Collaboration with the Secretary of Homeland Security.
Railroad safety to include railroad security.
Hazmat safety to include hazmat security.
Office of Science and Technology Policy.
National Oceanographic Partnership Program.
Clarification of definition of manufacturer.
Clarification of definition of vaccine-related injury or death.
Clarification of definition of vaccine.
Effective date.

SEC. 2. DEFINITIONS.

In this Act, the following definitions apply:
(1) Each of the terms ‘‘American homeland’’ and ‘‘homeland’’
means the United States.
(2) The term ‘‘appropriate congressional committee’’ means
any committee of the House of Representatives or the Senate
having legislative or oversight jurisdiction under the Rules
of the House of Representatives or the Senate, respectively,
over the matter concerned.
(3) The term ‘‘assets’’ includes contracts, facilities, property,
records, unobligated or unexpended balances of appropriations,
and other funds or resources (other than personnel).
(4) The term ‘‘critical infrastructure’’ has the meaning given
that term in section 1016(e) of Public Law 107–56 (42 U.S.C.
5195c(e)).
(5) The term ‘‘Department’’ means the Department of
Homeland Security.
(6) The term ‘‘emergency response providers’’ includes Federal, State, and local emergency public safety, law enforcement,
emergency response, emergency medical (including hospital
emergency facilities), and related personnel, agencies, and
authorities.
(7) The term ‘‘executive agency’’ means an executive agency
and a military department, as defined, respectively, in sections
105 and 102 of title 5, United States Code.
(8) The term ‘‘functions’’ includes authorities, powers,
rights, privileges, immunities, programs, projects, activities,
duties, and responsibilities.

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(9) The term ‘‘key resources’’ means publicly or privately
controlled resources essential to the minimal operations of the
economy and government.
(10) The term ‘‘local government’’ means—
(A) a county, municipality, city, town, township, local
public authority, school district, special district, intrastate
district, council of governments (regardless of whether the
council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government;
(B) an Indian tribe or authorized tribal organization,
or in Alaska a Native village or Alaska Regional Native
Corporation; and
(C) a rural community, unincorporated town or village,
or other public entity.
(11) The term ‘‘major disaster’’ has the meaning given
in section 102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
(12) The term ‘‘personnel’’ means officers and employees.
(13) The term ‘‘Secretary’’ means the Secretary of Homeland Security.
(14) The term ‘‘State’’ means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and any possession of the
United States.
(15) The term ‘‘terrorism’’ means any activity that—
(A) involves an act that—
(i) is dangerous to human life or potentially
destructive of critical infrastructure or key resources;
and
(ii) is a violation of the criminal laws of the United
States or of any State or other subdivision of the United
States; and
(B) appears to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by
intimidation or coercion; or
(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping.
(16)(A) The term ‘‘United States’’, when used in a
geographic sense, means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, any possession of the United
States, and any waters within the jurisdiction of the United
States.
(B) Nothing in this paragraph or any other provision of
this Act shall be construed to modify the definition of ‘‘United
States’’ for the purposes of the Immigration and Nationality
Act or any other immigration or nationality law.
SEC. 3. CONSTRUCTION; SEVERABILITY.

6 USC 102.

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

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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.
6 USC 101 note.

SEC. 4. EFFECTIVE DATE.

This Act shall take effect 60 days after the date of enactment.

TITLE I—DEPARTMENT OF HOMELAND
SECURITY
6 USC 111.

SEC. 101. EXECUTIVE DEPARTMENT; MISSION.

(a) ESTABLISHMENT.—There is established a Department of
Homeland Security, as an executive department of the United States
within the meaning of title 5, United States Code.
(b) MISSION.—
(1) IN GENERAL.—The primary mission of the Department
is to—
(A) prevent terrorist attacks within the United States;
(B) reduce the vulnerability of the United States to
terrorism;
(C) minimize the damage, and assist in the recovery,
from terrorist attacks that do occur within the United
States;
(D) carry out all functions of entities transferred to
the Department, including by acting as a focal point
regarding natural and manmade crises and emergency
planning;
(E) ensure that the functions of the agencies and subdivisions within the Department that are not related
directly to securing the homeland are not diminished or
neglected except by a specific explicit Act of Congress;
(F) ensure that the overall economic security of the
United States is not diminished by efforts, activities, and
programs aimed at securing the homeland; and
(G) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such
connections, and otherwise contribute to efforts to interdict
illegal drug trafficking.
(2) RESPONSIBILITY FOR INVESTIGATING AND PROSECUTING
TERRORISM.—Except as specifically provided by law with respect
to entities transferred to the Department under this Act, primary responsibility for investigating and prosecuting acts of
terrorism shall be vested not in the Department, but rather
in Federal, State, and local law enforcement agencies with
jurisdiction over the acts in question.
6 USC 112.

SEC. 102. SECRETARY; FUNCTIONS.

(a) SECRETARY.—
(1) IN GENERAL.—There is a Secretary of Homeland Security, appointed by the President, by and with the advice and
consent of the Senate.
(2) HEAD OF DEPARTMENT.—The Secretary is the head of
the Department and shall have direction, authority, and control
over it.

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(3) FUNCTIONS VESTED IN SECRETARY.—All functions of all
officers, employees, and organizational units of the Department
are vested in the Secretary.
(b) FUNCTIONS.—The Secretary—
(1) except as otherwise provided by this Act, may delegate
any of the Secretary’s functions to any officer, employee, or
organizational unit of the Department;
(2) shall have the authority to make contracts, grants,
and cooperative agreements, and to enter into agreements with
other executive agencies, as may be necessary and proper to
carry out the Secretary’s responsibilities under this Act or
otherwise provided by law; and
(3) shall take reasonable steps to ensure that information
systems and databases of the Department are compatible with
each other and with appropriate databases of other Departments.
(c) COORDINATION WITH NON-FEDERAL ENTITIES.—With respect
to homeland security, the Secretary shall coordinate through the
Office of State and Local Coordination (established under section
801) (including the provision of training and equipment) with State
and local government personnel, agencies, and authorities, with
the private sector, and with other entities, including by—
(1) coordinating with State and local government personnel,
agencies, and authorities, and with the private sector, to ensure
adequate planning, equipment, training, and exercise activities;
(2) coordinating and, as appropriate, consolidating, the Federal Government’s communications and systems of communications relating to homeland security with State and local government personnel, agencies, and authorities, the private sector,
other entities, and the public; and
(3) distributing or, as appropriate, coordinating the distribution of, warnings and information to State and local
government personnel, agencies, and authorities and to the
public.
(d) MEETINGS OF NATIONAL SECURITY COUNCIL.—The Secretary
may, subject to the direction of the President, attend and participate
in meetings of the National Security Council.
(e) ISSUANCE OF REGULATIONS.—The issuance of regulations
by the Secretary shall be governed by the provisions of chapter
5 of title 5, United States Code, except as specifically provided
in this Act, in laws granting regulatory authorities that are transferred by this Act, and in laws enacted after the date of enactment
of this Act.
(f) SPECIAL ASSISTANT TO THE SECRETARY.—The Secretary shall
appoint a Special Assistant to the Secretary who shall be responsible
for—
(1) creating and fostering strategic communications with
the private sector to enhance the primary mission of the Department to protect the American homeland;
(2) advising the Secretary on the impact of the Department’s policies, regulations, processes, and actions on the private sector;
(3) interfacing with other relevant Federal agencies with
homeland security missions to assess the impact of these agencies’ actions on the private sector;

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(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.
6 USC 113.

SEC. 103. OTHER OFFICERS.

(a) DEPUTY SECRETARY; UNDER SECRETARIES.—There are the
following officers, appointed by the President, by and with the
advice and consent of the Senate:
(1) A Deputy Secretary of Homeland Security, who shall
be the Secretary’s first assistant for purposes of subchapter
III of chapter 33 of title 5, United States Code.
(2) An Under Secretary for Information Analysis and Infrastructure Protection.
(3) An Under Secretary for Science and Technology.
(4) An Under Secretary for Border and Transportation
Security.
(5) An Under Secretary for Emergency Preparedness and
Response.
(6) A Director of the Bureau of Citizenship and Immigration
Services.
(7) An Under Secretary for Management.
(8) Not more than 12 Assistant Secretaries.
(9) A General Counsel, who shall be the chief legal officer
of the Department.
(b) INSPECTOR GENERAL.—There is an Inspector General, who
shall be appointed as provided in section 3(a) of the Inspector
General Act of 1978.
(c) COMMANDANT OF THE COAST GUARD.—To assist the Secretary in the performance of the Secretary’s functions, there is
a Commandant of the Coast Guard, who shall be appointed as
provided in section 44 of title 14, United States Code, and who
shall report directly to the Secretary. In addition to such duties
as may be provided in this Act and as assigned to the Commandant
by the Secretary, the duties of the Commandant shall include
those required by section 2 of title 14, United States Code.

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(d) OTHER OFFICERS.—To assist the Secretary in the performance of the Secretary’s functions, there are the following officers,
appointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Information Officer.
(3) A Chief Human Capital Officer.
(4) A Chief Financial Officer.
(5) An Officer for Civil Rights and Civil Liberties.
(e) PERFORMANCE OF SPECIFIC FUNCTIONS.—Subject to the
provisions of this Act, every officer of the Department shall perform
the functions specified by law for the official’s office or prescribed
by the Secretary.

TITLE II—INFORMATION ANALYSIS AND
INFRASTRUCTURE PROTECTION
Subtitle A—Directorate for Information
Analysis and Infrastructure Protection;
Access to Information
SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION.

6 USC 121.

(a) UNDER SECRETARY OF HOMELAND SECURITY FOR INFORMAANALYSIS AND INFRASTRUCTURE PROTECTION.—
(1) IN GENERAL.—There shall be in the Department a Directorate for Information Analysis and Infrastructure Protection
headed by an Under Secretary for Information Analysis and
Infrastructure Protection, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) RESPONSIBILITIES.—The Under Secretary shall assist
the Secretary in discharging the responsibilities assigned by
the Secretary.
(b) ASSISTANT SECRETARY FOR INFORMATION ANALYSIS; ASSISTANT SECRETARY FOR INFRASTRUCTURE PROTECTION.—
(1) ASSISTANT SECRETARY FOR INFORMATION ANALYSIS.—
There shall be in the Department an Assistant Secretary for
Information Analysis, who shall be appointed by the President.
(2) ASSISTANT SECRETARY FOR INFRASTRUCTURE PROTECTION.—There shall be in the Department an Assistant Secretary
for Infrastructure Protection, who shall be appointed by the
President.
(3) RESPONSIBILITIES.—The Assistant Secretary for
Information Analysis and the Assistant Secretary for Infrastructure Protection shall assist the Under Secretary for
Information Analysis and Infrastructure Protection in discharging the responsibilities of the Under Secretary under this
section.
(c) DISCHARGE OF INFORMATION ANALYSIS AND INFRASTRUCTURE
PROTECTION.—The Secretary shall ensure that the responsibilities
of the Department regarding information analysis and infrastructure protection are carried out through the Under Secretary for
Information Analysis and Infrastructure Protection.
(d) RESPONSIBILITIES OF UNDER SECRETARY.—Subject to the
direction and control of the Secretary, the responsibilities of the
TION

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Under Secretary for Information Analysis and Infrastructure Protection shall be as follows:
(1) To access, receive, and analyze law enforcement
information, intelligence information, and other information
from agencies of the Federal Government, State and local
government agencies (including law enforcement agencies), and
private sector entities, and to integrate such information in
order to—
(A) identify and assess the nature and scope of terrorist
threats to the homeland;
(B) detect and identify threats of terrorism against
the United States; and
(C) understand such threats in light of actual and
potential vulnerabilities of the homeland.
(2) To carry out comprehensive assessments of the
vulnerabilities of the key resources and critical infrastructure
of the United States, including the performance of risk assessments to determine the risks posed by particular types of
terrorist attacks within the United States (including an assessment of the probability of success of such attacks and the
feasibility and potential efficacy of various countermeasures
to such attacks).
(3) To integrate relevant information, analyses, and vulnerability assessments (whether such information, analyses, or
assessments are provided or produced by the Department or
others) in order to identify priorities for protective and support
measures by the Department, other agencies of the Federal
Government, State and local government agencies and authorities, the private sector, and other entities.
(4) To ensure, pursuant to section 202, the timely and
efficient access by the Department to all information necessary
to discharge the responsibilities under this section, including
obtaining such information from other agencies of the Federal
Government.
(5) To develop a comprehensive national plan for securing
the key resources and critical infrastructure of the United
States, including power production, generation, and distribution
systems, information technology and telecommunications systems (including satellites), electronic financial and property
record storage and transmission systems, emergency preparedness communications systems, and the physical and technological assets that support such systems.
(6) To recommend measures necessary to protect the key
resources and critical infrastructure of the United States in
coordination with other agencies of the Federal Government
and in cooperation with State and local government agencies
and authorities, the private sector, and other entities.
(7) To administer the Homeland Security Advisory System,
including—
(A) exercising primary responsibility for public
advisories related to threats to homeland security; and
(B) in coordination with other agencies of the Federal
Government, providing specific warning information, and
advice about appropriate protective measures and countermeasures, to State and local government agencies and
authorities, the private sector, other entities, and the
public.

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(8) To review, analyze, and make recommendations for
improvements in the policies and procedures governing the
sharing of law enforcement information, intelligence information, intelligence-related information, and other information
relating to homeland security within the Federal Government
and between the Federal Government and State and local
government agencies and authorities.
(9) To disseminate, as appropriate, information analyzed
by the Department within the Department, to other agencies
of the Federal Government with responsibilities relating to
homeland security, and to agencies of State and local governments and private sector entities with such responsibilities
in order to assist in the deterrence, prevention, preemption
of, or response to, terrorist attacks against the United States.
(10) To consult with the Director of Central Intelligence
and other appropriate intelligence, law enforcement, or other
elements of the Federal Government to establish collection
priorities and strategies for information, including law enforcement-related information, relating to threats of terrorism
against the United States through such means as the representation of the Department in discussions regarding requirements
and priorities in the collection of such information.
(11) To consult with State and local governments and private sector entities to ensure appropriate exchanges of information, including law enforcement-related information, relating
to threats of terrorism against the United States.
(12) To ensure that—
(A) any material received pursuant to this Act is protected from unauthorized disclosure and handled and used
only for the performance of official duties; and
(B) any intelligence information under this Act is
shared, retained, and disseminated consistent with the
authority of the Director of Central Intelligence to protect
intelligence sources and methods under the National Security Act of 1947 (50 U.S.C. 401 et seq.) and related procedures and, as appropriate, similar authorities of the
Attorney General concerning sensitive law enforcement
information.
(13) To request additional information from other agencies
of the Federal Government, State and local government agencies, and the private sector relating to threats of terrorism
in the United States, or relating to other areas of responsibility
assigned by the Secretary, including the entry into cooperative
agreements through the Secretary to obtain such information.
(14) To establish and utilize, in conjunction with the chief
information officer of the Department, a secure communications
and information technology infrastructure, including datamining and other advanced analytical tools, in order to access,
receive, and analyze data and information in furtherance of
the responsibilities under this section, and to disseminate
information acquired and analyzed by the Department, as
appropriate.
(15) To ensure, in conjunction with the chief information
officer of the Department, that any information databases and
analytical tools developed or utilized by the Department—

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(A) are compatible with one another and with relevant
information databases of other agencies of the Federal
Government; and
(B) treat information in such databases in a manner
that complies with applicable Federal law on privacy.
(16) To coordinate training and other support to the elements and personnel of the Department, other agencies of
the Federal Government, and State and local governments that
provide information to the Department, or are consumers of
information provided by the Department, in order to facilitate
the identification and sharing of information revealed in their
ordinary duties and the optimal utilization of information
received from the Department.
(17) To coordinate with elements of the intelligence community and with Federal, State, and local law enforcement agencies, and the private sector, as appropriate.
(18) To provide intelligence and information analysis and
support to other elements of the Department.
(19) To perform such other duties relating to such responsibilities as the Secretary may provide.
(e) STAFF.—
(1) IN GENERAL.—The Secretary shall provide the Directorate with a staff of analysts having appropriate expertise
and experience to assist the Directorate in discharging responsibilities under this section.
(2) PRIVATE SECTOR ANALYSTS.—Analysts under this subsection may include analysts from the private sector.
(3) SECURITY CLEARANCES.—Analysts under this subsection
shall possess security clearances appropriate for their work
under this section.
(f) DETAIL OF PERSONNEL.—
(1) IN GENERAL.—In order to assist the Directorate in discharging responsibilities under this section, personnel of the
agencies referred to in paragraph (2) may be detailed to the
Department for the performance of analytic functions and
related duties.
(2) COVERED AGENCIES.—The agencies referred to in this
paragraph are as follows:
(A) The Department of State.
(B) The Central Intelligence Agency.
(C) The Federal Bureau of Investigation.
(D) The National Security Agency.
(E) The National Imagery and Mapping Agency.
(F) The Defense Intelligence Agency.
(G) Any other agency of the Federal Government that
the President considers appropriate.
(3) COOPERATIVE AGREEMENTS.—The Secretary and the
head of the agency concerned may enter into cooperative agreements for the purpose of detailing personnel under this subsection.
(4) BASIS.—The detail of personnel under this subsection
may be on a reimbursable or non-reimbursable basis.
(g) FUNCTIONS TRANSFERRED.—In accordance with title XV,
there shall be transferred to the Secretary, for assignment to the
Under Secretary for Information Analysis and Infrastructure Protection under this section, the functions, personnel, assets, and liabilities of the following:

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(1) The National Infrastructure Protection Center of the
Federal Bureau of Investigation (other than the Computer
Investigations and Operations Section), including the functions
of the Attorney General relating thereto.
(2) The National Communications System of the Department of Defense, including the functions of the Secretary of
Defense relating thereto.
(3) The Critical Infrastructure Assurance Office of the
Department of Commerce, including the functions of the Secretary of Commerce relating thereto.
(4) The National Infrastructure Simulation and Analysis
Center of the Department of Energy and the energy security
and assurance program and activities of the Department,
including the functions of the Secretary of Energy relating
thereto.
(5) The Federal Computer Incident Response Center of
the General Services Administration, including the functions
of the Administrator of General Services relating thereto.
(h) INCLUSION OF CERTAIN ELEMENTS OF THE DEPARTMENT
AS ELEMENTS OF THE INTELLIGENCE COMMUNITY.—Section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401(a)) is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (I);
(2) by redesignating subparagraph (J) as subparagraph
(K); and
(3) by inserting after subparagraph (I) the following new
subparagraph:
‘‘(J) the elements of the Department of Homeland Security concerned with the analyses of foreign intelligence
information; and’’.
SEC. 202. ACCESS TO INFORMATION.

50 USC 401a.

6 USC 122.

(a) IN GENERAL.—
(1) THREAT AND VULNERABILITY INFORMATION.—Except as
otherwise directed by the President, the Secretary shall have
such access as the Secretary considers necessary to all information, including reports, assessments, analyses, and unevaluated
intelligence relating to threats of terrorism against the United
States and to other areas of responsibility assigned by the
Secretary, and to all information concerning infrastructure or
other vulnerabilities of the United States to terrorism, whether
or not such information has been analyzed, that may be collected, possessed, or prepared by any agency of the Federal
Government.
(2) OTHER INFORMATION.—The Secretary shall also have
access to other information relating to matters under the
responsibility of the Secretary that may be collected, possessed,
or prepared by an agency of the Federal Government as the
President may further provide.
(b) MANNER OF ACCESS.—Except as otherwise directed by the
President, with respect to information to which the Secretary has
access pursuant to this section—
(1) the Secretary may obtain such material upon request,
and may enter into cooperative arrangements with other executive agencies to provide such material or provide Department
officials with access to it on a regular or routine basis, including
requests or arrangements involving broad categories of material, access to electronic databases, or both; and

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(2) regardless of whether the Secretary has made any
request or entered into any cooperative arrangement pursuant
to paragraph (1), all agencies of the Federal Government shall
promptly provide to the Secretary—
(A) all reports (including information reports containing intelligence which has not been fully evaluated),
assessments, and analytical information relating to threats
of terrorism against the United States and to other areas
of responsibility assigned by the Secretary;
(B) all information concerning the vulnerability of the
infrastructure of the United States, or other vulnerabilities
of the United States, to terrorism, whether or not such
information has been analyzed;
(C) all other information relating to significant and
credible threats of terrorism against the United States,
whether or not such information has been analyzed; and
(D) such other information or material as the President
may direct.
(c) TREATMENT UNDER CERTAIN LAWS.—The Secretary shall
be deemed to be a Federal law enforcement, intelligence, protective,
national defense, immigration, or national security official, and
shall be provided with all information from law enforcement agencies that is required to be given to the Director of Central Intelligence, under any provision of the following:
(1) The USA PATRIOT Act of 2001 (Public Law 107–
56).
(2) Section 2517(6) of title 18, United States Code.
(3) Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure.
(d) ACCESS TO INTELLIGENCE AND OTHER INFORMATION.—
(1) ACCESS BY ELEMENTS OF FEDERAL GOVERNMENT.—
Nothing in this title shall preclude any element of the intelligence community (as that term is defined in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 401a(4)), or
any other element of the Federal Government with responsibility for analyzing terrorist threat information, from receiving
any intelligence or other information relating to terrorism.
(2) SHARING OF INFORMATION.—The Secretary, in consultation with the Director of Central Intelligence, shall work to
ensure that intelligence or other information relating to terrorism to which the Department has access is appropriately
shared with the elements of the Federal Government referred
to in paragraph (1), as well as with State and local governments, as appropriate.

Subtitle B—Critical Infrastructure
Information

Critical
Infrastructure
Information Act
of 2002.
6 USC 101 note.

SEC. 211. SHORT TITLE.

This subtitle may be cited as the ‘‘Critical Infrastructure
Information Act of 2002’’.
6 USC 131.

SEC. 212. DEFINITIONS.

In this subtitle:
(1) AGENCY.—The term ‘‘agency’’ has the meaning given
it in section 551 of title 5, United States Code.

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(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

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(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.

6 USC 132.

SEC. 213. DESIGNATION OF CRITICAL INFRASTRUCTURE PROTECTION
PROGRAM.

A critical infrastructure protection program may be designated
as such by one of the following:
(1) The President.
(2) The Secretary of Homeland Security.
6 USC 133.

SEC. 214. PROTECTION OF VOLUNTARILY SHARED CRITICAL INFRASTRUCTURE INFORMATION.

(a) PROTECTION.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, critical infrastructure information (including the identity
of the submitting person or entity) that is voluntarily submitted
to a covered Federal agency for use by that agency regarding
the security of critical infrastructure and protected systems,
analysis, warning, interdependency study, recovery, reconstitution, or other informational purpose, when accompanied by
an express statement specified in paragraph (2)—
(A) shall be exempt from disclosure under section 552
of title 5, United States Code (commonly referred to as
the Freedom of Information Act);

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(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).

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Deadline.

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(c) INDEPENDENTLY OBTAINED INFORMATION.—Nothing in this
section shall be construed to limit or otherwise affect the ability
of a State, local, or Federal Government entity, agency, or authority,
or any third party, under applicable law, to obtain critical infrastructure information in a manner not covered by subsection (a),
including any information lawfully and properly disclosed generally
or broadly to the public and to use such information in any manner
permitted by law.
(d) TREATMENT OF VOLUNTARY SUBMITTAL OF INFORMATION.—
The voluntary submittal to the Government of information or
records that are protected from disclosure by this subtitle shall
not be construed to constitute compliance with any requirement
to submit such information to a Federal agency under any other
provision of law.
(e) PROCEDURES.—
(1) IN GENERAL.—The Secretary of the Department of
Homeland Security shall, in consultation with appropriate representatives of the National Security Council and the Office
of Science and Technology Policy, establish uniform procedures
for the receipt, care, and storage by Federal agencies of critical
infrastructure information that is voluntarily submitted to the
Government. The procedures shall be established not later than
90 days after the date of the enactment of this subtitle.
(2) ELEMENTS.—The procedures established under paragraph (1) shall include mechanisms regarding—
(A) the acknowledgement of receipt by Federal agencies
of critical infrastructure information that is voluntarily
submitted to the Government;
(B) the maintenance of the identification of such
information as voluntarily submitted to the Government
for purposes of and subject to the provisions of this subtitle;
(C) the care and storage of such information; and
(D) the protection and maintenance of the confidentiality of such information so as to permit the sharing
of such information within the Federal Government and
with State and local governments, and the issuance of
notices and warnings related to the protection of critical
infrastructure and protected systems, in such manner as
to protect from public disclosure the identity of the submitting person or entity, or information that is proprietary,
business sensitive, relates specifically to the submitting
person or entity, and is otherwise not appropriately in
the public domain.
(f) PENALTIES.—Whoever, being an officer or employee of the
United States or of any department or agency thereof, knowingly
publishes, divulges, discloses, or makes known in any manner or
to any extent not authorized by law, any critical infrastructure
information protected from disclosure by this subtitle coming to
him in the course of this employment or official duties or by reason
of any examination or investigation made by, or return, report,
or record made to or filed with, such department or agency or
officer or employee thereof, shall be fined under title 18 of the
United States Code, imprisoned not more than 1 year, or both,
and shall be removed from office or employment.
(g) AUTHORITY TO ISSUE WARNINGS.—The Federal Government
may provide advisories, alerts, and warnings to relevant companies,
targeted sectors, other governmental entities, or the general public

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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 section 213, to enter into a voluntary agreement to promote
critical infrastructure security, including with any Information
Sharing and Analysis Organization, or a plan of action as otherwise
defined in section 708 of the Defense Production Act of 1950 (50
U.S.C. App. 2158).
SEC. 215. NO PRIVATE RIGHT OF ACTION.

6 USC 134.

Nothing in this subtitle may be construed to create a private
right of action for enforcement of any provision of this Act.

Subtitle C—Information Security
SEC. 221. PROCEDURES FOR SHARING INFORMATION.

6 USC 141.

The Secretary shall establish procedures on the use of information shared under this title that—
(1) limit the redissemination of such information to ensure
that it is not used for an unauthorized purpose;
(2) ensure the security and confidentiality of such information;
(3) protect the constitutional and statutory rights of any
individuals who are subjects of such information; and
(4) provide data integrity through the timely removal and
destruction of obsolete or erroneous names and information.
SEC. 222. PRIVACY OFFICER.

6 USC 142.

The Secretary shall appoint a senior official in the Department
to assume primary responsibility for privacy policy, including—
(1) assuring that the use of technologies sustain, and do
not erode, privacy protections relating to the use, collection,
and disclosure of personal information;
(2) assuring that personal information contained in Privacy
Act systems of records is handled in full compliance with fair
information practices as set out in the Privacy Act of 1974;
(3) evaluating legislative and regulatory proposals involving
collection, use, and disclosure of personal information by the
Federal Government;
(4) conducting a privacy impact assessment of proposed
rules of the Department or that of the Department on the
privacy of personal information, including the type of personal
information collected and the number of people affected; and
(5) preparing a report to Congress on an annual basis
on activities of the Department that affect privacy, including
complaints of privacy violations, implementation of the Privacy
Act of 1974, internal controls, and other matters.

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6 USC 143.

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SEC. 223. ENHANCEMENT OF NON-FEDERAL CYBERSECURITY.

In carrying out the responsibilities under section 201, the Under
Secretary for Information Analysis and Infrastructure Protection
shall—
(1) as appropriate, provide to State and local government
entities, and upon request to private entities that own or
operate critical information systems—
(A) analysis and warnings related to threats to, and
vulnerabilities of, critical information systems; and
(B) in coordination with the Under Secretary for Emergency Preparedness and Response, crisis management support in response to threats to, or attacks on, critical
information systems; and
(2) as appropriate, provide technical assistance, upon
request, to the private sector and other government entities,
in coordination with the Under Secretary for Emergency
Preparedness and Response, with respect to emergency recovery
plans to respond to major failures of critical information systems.
SEC. 224. NET GUARD.

6 USC 144.

The Under Secretary for Information Analysis and Infrastructure Protection may establish a national technology guard, to be
known as ‘‘NET Guard’’, comprised of local teams of volunteers
with expertise in relevant areas of science and technology, to assist
local communities to respond and recover from attacks on information systems and communications networks.
Cyber Security
Enhancement
Act of 2002.
6 USC 145.
28 USC 994 note.

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SEC. 225. CYBER SECURITY ENHANCEMENT ACT OF 2002.

(a) SHORT TITLE.—This section may be cited as the ‘‘Cyber
Security Enhancement Act of 2002’’.
(b) AMENDMENT OF SENTENCING GUIDELINES RELATING TO CERTAIN COMPUTER CRIMES.—
(1) DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.—Pursuant to its authority under section 994(p) of title
28, United States Code, and in accordance with this subsection,
the United States Sentencing Commission shall review and,
if appropriate, amend its guidelines and its policy statements
applicable to persons convicted of an offense under section
1030 of title 18, United States Code.
(2) REQUIREMENTS.—In carrying out this subsection, the
Sentencing Commission shall—
(A) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offenses
described in paragraph (1), the growing incidence of such
offenses, and the need for an effective deterrent and appropriate punishment to prevent such offenses;
(B) consider the following factors and the extent to
which the guidelines may or may not account for them—
(i) the potential and actual loss resulting from
the offense;
(ii) the level of sophistication and planning
involved in the offense;
(iii) whether the offense was committed for purposes of commercial advantage or private financial benefit;

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(iv) whether the defendant acted with malicious
intent to cause harm in committing the offense;
(v) the extent to which the offense violated the
privacy rights of individuals harmed;
(vi) whether the offense involved a computer used
by the government in furtherance of national defense,
national security, or the administration of justice;
(vii) whether the violation was intended to or had
the effect of significantly interfering with or disrupting
a critical infrastructure; and
(viii) whether the violation was intended to or
had the effect of creating a threat to public health
or safety, or injury to any person;
(C) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(D) account for any additional aggravating or mitigating circumstances that might justify exceptions to the
generally applicable sentencing ranges;
(E) make any necessary conforming changes to the
sentencing guidelines; and
(F) assure that the guidelines adequately meet the
purposes of sentencing as set forth in section 3553(a)(2)
of title 18, United States Code.
(c) STUDY AND REPORT ON COMPUTER CRIMES.—Not later than
May 1, 2003, the United States Sentencing Commission shall submit
a brief report to Congress that explains any actions taken by
the Sentencing Commission in response to this section and includes
any recommendations the Commission may have regarding statutory penalties for offenses under section 1030 of title 18, United
States Code.
(d) EMERGENCY DISCLOSURE EXCEPTION.—
(1) IN GENERAL.—Section 2702(b) of title 18, United States
Code, is amended—
(A) in paragraph (5), by striking ‘‘or’’ at the end;
(B) in paragraph (6)(A), by inserting ‘‘or’’ at the end;
(C) by striking paragraph (6)(C); and
(D) by adding at the end the following:
‘‘(7) to a Federal, State, or local governmental entity, if
the provider, in good faith, believes that an emergency involving
danger of death or serious physical injury to any person
requires disclosure without delay of communications relating
to the emergency.’’.
(2) REPORTING OF DISCLOSURES.—A government entity that
receives a disclosure under section 2702(b) of title 18, United
States Code, shall file, not later than 90 days after such disclosure, a report to the Attorney General stating the paragraph
of that section under which the disclosure was made, the date
of the disclosure, the entity to which the disclosure was made,
the number of customers or subscribers to whom the information disclosed pertained, and the number of communications,
if any, that were disclosed. The Attorney General shall publish
all such reports into a single report to be submitted to Congress
1 year after the date of enactment of this Act.
(e) GOOD FAITH EXCEPTION.—Section 2520(d)(3) of title 18,
United States Code, is amended by inserting ‘‘or 2511(2)(i)’’ after
‘‘2511(3)’’.

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Deadline.

Deadline.

Publication.

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(f) INTERNET ADVERTISING OF ILLEGAL DEVICES.—Section
2512(1)(c) of title 18, United States Code, is amended—
(1) by inserting ‘‘or disseminates by electronic means’’ after
‘‘or other publication’’; and
(2) by inserting ‘‘knowing the content of the advertisement
and’’ before ‘‘knowing or having reason to know’’.
(g) STRENGTHENING PENALTIES.—Section 1030(c) of title 18,
United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (3);
(2) in each of subparagraphs (A) and (C) of paragraph
(4), by inserting ‘‘except as provided in paragraph (5),’’ before
‘‘a fine under this title’’;
(3) in paragraph (4)(C), by striking the period at the end
and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(5)(A) if the offender knowingly or recklessly causes or
attempts to cause serious bodily injury from conduct in violation
of subsection (a)(5)(A)(i), a fine under this title or imprisonment
for not more than 20 years, or both; and
‘‘(B) if the offender knowingly or recklessly causes or
attempts to cause death from conduct in violation of subsection
(a)(5)(A)(i), a fine under this title or imprisonment for any
term of years or for life, or both.’’.
(h) PROVIDER ASSISTANCE.—
(1) SECTION 2703.—Section 2703(e) of title 18, United States
Code, is amended by inserting ‘‘, statutory authorization’’ after
‘‘subpoena’’.
(2) SECTION 2511.—Section 2511(2)(a)(ii) of title 18, United
States Code, is amended by inserting ‘‘, statutory authorization,’’ after ‘‘court order’’ the last place it appears.
(i) EMERGENCIES.—Section 3125(a)(1) of title 18, United States
Code, is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the end;
(2) in subparagraph (B), by striking the comma at the
end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(C) an immediate threat to a national security
interest; or
‘‘(D) an ongoing attack on a protected computer (as
defined in section 1030) that constitutes a crime punishable
by a term of imprisonment greater than one year;’’.
(j) PROTECTING PRIVACY.—
(1) SECTION 2511.—Section 2511(4) of title 18, United States
Code, is amended—
(A) by striking paragraph (b); and
(B) by redesignating paragraph (c) as paragraph (b).
(2) SECTION 2701.—Section 2701(b) of title 18, United States
Code, is amended—
(A) in paragraph (1), by inserting ‘‘, or in furtherance
of any criminal or tortious act in violation of the Constitution or laws of the United States or any State’’ after
‘‘commercial gain’’;
(B) in paragraph (1)(A), by striking ‘‘one year’’ and
inserting ‘‘5 years’’;
(C) in paragraph (1)(B), by striking ‘‘two years’’ and
inserting ‘‘10 years’’; and

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(D) by striking paragraph (2) and inserting the following:
‘‘(2) in any other case—
‘‘(A) a fine under this title or imprisonment for not
more than 1 year or both, in the case of a first offense
under this paragraph; and
‘‘(B) a fine under this title or imprisonment for not
more than 5 years, or both, in the case of an offense
under this subparagraph that occurs after a conviction
of another offense under this section.’’.

Subtitle D—Office of Science and
Technology
SEC. 231. ESTABLISHMENT OF OFFICE; DIRECTOR.

6 USC 161.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is hereby established within the
Department of Justice an Office of Science and Technology
(hereinafter in this title referred to as the ‘‘Office’’).
(2) AUTHORITY.—The Office shall be under the general
authority of the Assistant Attorney General, Office of Justice
Programs, and shall be established within the National
Institute of Justice.
(b) DIRECTOR.—The Office shall be headed by a Director, who
shall be an individual appointed based on approval by the Office
of Personnel Management of the executive qualifications of the
individual.
SEC. 232. MISSION OF OFFICE; DUTIES.

6 USC 162.

(a) MISSION.—The mission of the Office shall be—
(1) to serve as the national focal point for work on law
enforcement technology; and
(2) to carry out programs that, through the provision of
equipment, training, and technical assistance, improve the
safety and effectiveness of law enforcement technology and
improve access to such technology by Federal, State, and local
law enforcement agencies.
(b) DUTIES.—In carrying out its mission, the Office shall have
the following duties:
(1) To provide recommendations and advice to the Attorney
General.
(2) To establish and maintain advisory groups (which shall
be exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App.)) to assess the law enforcement
technology needs of Federal, State, and local law enforcement
agencies.
(3) To establish and maintain performance standards in
accordance with the National Technology Transfer and
Advancement Act of 1995 (Public Law 104–113) for, and test
and evaluate law enforcement technologies that may be used
by, Federal, State, and local law enforcement agencies.
(4) To establish and maintain a program to certify, validate,
and mark or otherwise recognize law enforcement technology
products that conform to standards established and maintained
by the Office in accordance with the National Technology
Transfer and Advancement Act of 1995 (Public Law 104–113).

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The program may, at the discretion of the Office, allow for
supplier’s declaration of conformity with such standards.
(5) To work with other entities within the Department
of Justice, other Federal agencies, and the executive office
of the President to establish a coordinated Federal approach
on issues related to law enforcement technology.
(6) To carry out research, development, testing, evaluation,
and cost-benefit analyses in fields that would improve the
safety, effectiveness, and efficiency of law enforcement technologies used by Federal, State, and local law enforcement
agencies, including, but not limited to—
(A) weapons capable of preventing use by unauthorized
persons, including personalized guns;
(B) protective apparel;
(C) bullet-resistant and explosion-resistant glass;
(D) monitoring systems and alarm systems capable
of providing precise location information;
(E) wire and wireless interoperable communication
technologies;
(F) tools and techniques that facilitate investigative
and forensic work, including computer forensics;
(G) equipment for particular use in counterterrorism,
including devices and technologies to disable terrorist
devices;
(H) guides to assist State and local law enforcement
agencies;
(I) DNA identification technologies; and
(J) tools and techniques that facilitate investigations
of computer crime.
(7) To administer a program of research, development,
testing, and demonstration to improve the interoperability of
voice and data public safety communications.
(8) To serve on the Technical Support Working Group of
the Department of Defense, and on other relevant interagency
panels, as requested.
(9) To develop, and disseminate to State and local law
enforcement agencies, technical assistance and training materials for law enforcement personnel, including prosecutors.
(10) To operate the regional National Law Enforcement
and Corrections Technology Centers and, to the extent necessary, establish additional centers through a competitive
process.
(11) To administer a program of acquisition, research,
development, and dissemination of advanced investigative analysis and forensic tools to assist State and local law enforcement
agencies in combating cybercrime.
(12) To support research fellowships in support of its mission.
(13) To serve as a clearinghouse for information on law
enforcement technologies.
(14) To represent the United States and State and local
law enforcement agencies, as requested, in international activities concerning law enforcement technology.
(15) To enter into contracts and cooperative agreements
and provide grants, which may require in-kind or cash matches
from the recipient, as necessary to carry out its mission.

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(16) To carry out other duties assigned by the Attorney
General to accomplish the mission of the Office.
(c) COMPETITION REQUIRED.—Except as otherwise expressly provided by law, all research and development carried out by or
through the Office shall be carried out on a competitive basis.
(d) INFORMATION FROM FEDERAL AGENCIES.—Federal agencies
shall, upon request from the Office and in accordance with Federal
law, provide the Office with any data, reports, or other information
requested, unless compliance with such request is otherwise prohibited by law.
(e) PUBLICATIONS.—Decisions concerning publications issued by
the Office shall rest solely with the Director of the Office.
(f) TRANSFER OF FUNDS.—The Office may transfer funds to
other Federal agencies or provide funding to non-Federal entities
through grants, cooperative agreements, or contracts to carry out
its duties under this section.
(g) ANNUAL REPORT.—The Director of the Office shall include
with the budget justification materials submitted to Congress in
support of the Department of Justice budget for each fiscal year
(as submitted with the budget of the President under section 1105(a)
of title 31, United States Code) a report on the activities of the
Office. Each such report shall include the following:
(1) For the period of 5 fiscal years beginning with the
fiscal year for which the budget is submitted—
(A) the Director’s assessment of the needs of Federal,
State, and local law enforcement agencies for assistance
with respect to law enforcement technology and other matters consistent with the mission of the Office; and
(B) a strategic plan for meeting such needs of such
law enforcement agencies.
(2) For the fiscal year preceding the fiscal year for which
such budget is submitted, a description of the activities carried
out by the Office and an evaluation of the extent to which
those activities successfully meet the needs assessed under
paragraph (1)(A) in previous reports.
SEC. 233. DEFINITION OF LAW ENFORCEMENT TECHNOLOGY.

6 USC 163.

For the purposes of this title, the term ‘‘law enforcement technology’’ includes investigative and forensic technologies, corrections
technologies, and technologies that support the judicial process.
SEC. 234. ABOLISHMENT OF OFFICE OF SCIENCE AND TECHNOLOGY
OF NATIONAL INSTITUTE OF JUSTICE; TRANSFER OF
FUNCTIONS.

6 USC 164.

(a) AUTHORITY TO TRANSFER FUNCTIONS.—The Attorney General may transfer to the Office any other program or activity of
the Department of Justice that the Attorney General, in consultation with the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives, determines to be consistent with the mission of the Office.
(b) TRANSFER OF PERSONNEL AND ASSETS.—With respect to
any function, power, or duty, or any program or activity, that
is established in the Office, those employees and assets of the
element of the Department of Justice from which the transfer
is made that the Attorney General determines are needed to perform
that function, power, or duty, or for that program or activity,
as the case may be, shall be transferred to the Office.

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Deadline.

(c) REPORT ON IMPLEMENTATION.—Not later than 1 year after
the date of the enactment of this Act, the Attorney General shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a
report on the implementation of this title. The report shall—
(1) provide an accounting of the amounts and sources of
funding available to the Office to carry out its mission under
existing authorizations and appropriations, and set forth the
future funding needs of the Office; and
(2) include such other information and recommendations
as the Attorney General considers appropriate.

6 USC 165.

SEC. 235. NATIONAL LAW ENFORCEMENT AND CORRECTIONS TECHNOLOGY CENTERS.

Deadline.

(a) IN GENERAL.—The Director of the Office shall operate and
support National Law Enforcement and Corrections Technology
Centers (hereinafter in this section referred to as ‘‘Centers’’) and,
to the extent necessary, establish new centers through a meritbased, competitive process.
(b) PURPOSE OF CENTERS.—The purpose of the Centers shall
be to—
(1) support research and development of law enforcement
technology;
(2) support the transfer and implementation of technology;
(3) assist in the development and dissemination of guidelines and technological standards; and
(4) provide technology assistance, information, and support
for law enforcement, corrections, and criminal justice purposes.
(c) ANNUAL MEETING.—Each year, the Director shall convene
a meeting of the Centers in order to foster collaboration and communication between Center participants.
(d) REPORT.—Not later than 12 months after the date of the
enactment of this Act, the Director shall transmit to the Congress
a report assessing the effectiveness of the existing system of Centers
and identify the number of Centers necessary to meet the technology
needs of Federal, State, and local law enforcement in the United
States.
SEC. 236. COORDINATION WITH OTHER ENTITIES WITHIN DEPARTMENT OF JUSTICE.

Section 102 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3712) is amended in subsection (a)(5) by
inserting ‘‘coordinate and’’ before ‘‘provide’’.
SEC. 237. AMENDMENTS RELATING TO NATIONAL INSTITUTE OF JUSTICE.

Section 202(c) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3722(c)) is amended—
(1) in paragraph (3) by inserting ‘‘, including cost effectiveness where practical,’’ before ‘‘of projects’’; and
(2) by striking ‘‘and’’ after the semicolon at the end of
paragraph (8), striking the period at the end of paragraph
(9) and inserting ‘‘; and’’, and by adding at the end the following:
‘‘(10) research and development of tools and technologies
relating to prevention, detection, investigation, and prosecution
of crime; and

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‘‘(11) support research, development, testing, training, and
evaluation of tools and technology for Federal, State, and local
law enforcement agencies.’’.

TITLE III—SCIENCE AND TECHNOLOGY
IN SUPPORT OF HOMELAND SECURITY
SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY.

6 USC 181.

There shall be in the Department a Directorate of Science
and Technology headed by an Under Secretary for Science and
Technology.
SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY.

6 USC 182.

The Secretary, acting through the Under Secretary for Science
and Technology, shall have the responsibility for—
(1) advising the Secretary regarding research and development efforts and priorities in support of the Department’s missions;
(2) developing, in consultation with other appropriate
executive agencies, a national policy and strategic plan for,
identifying priorities, goals, objectives and policies for, and
coordinating the Federal Government’s civilian efforts to identify and develop countermeasures to chemical, biological, radiological, nuclear, and other emerging terrorist threats, including
the development of comprehensive, research-based definable
goals for such efforts and development of annual measurable
objectives and specific targets to accomplish and evaluate the
goals for such efforts;
(3) supporting the Under Secretary for Information Analysis and Infrastructure Protection, by assessing and testing
homeland security vulnerabilities and possible threats;
(4) conducting basic and applied research, development,
demonstration, testing, and evaluation activities that are relevant to any or all elements of the Department, through both
intramural and extramural programs, except that such responsibility does not extend to human health-related research and
development activities;
(5) establishing priorities for, directing, funding, and conducting national research, development, test and evaluation,
and procurement of technology and systems for—
(A) preventing the importation of chemical, biological,
radiological, nuclear, and related weapons and material;
and
(B) detecting, preventing, protecting against, and
responding to terrorist attacks;
(6) establishing a system for transferring homeland security
developments or technologies to Federal, State, local government, and private sector entities;
(7) entering into work agreements, joint sponsorships, contracts, or any other agreements with the Department of Energy
regarding the use of the national laboratories or sites and
support of the science and technology base at those facilities;

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(8) collaborating with the Secretary of Agriculture and
the Attorney General as provided in section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401), as
amended by section 1709(b);
(9) collaborating with the Secretary of Health and Human
Services and the Attorney General in determining any new
biological agents and toxins that shall be listed as ‘‘select
agents’’ in Appendix A of part 72 of title 42, Code of Federal
Regulations, pursuant to section 351A of the Public Health
Service Act (42 U.S.C. 262a);
(10) supporting United States leadership in science and
technology;
(11) establishing and administering the primary research
and development activities of the Department, including the
long-term research and development needs and capabilities for
all elements of the Department;
(12) coordinating and integrating all research, development,
demonstration, testing, and evaluation activities of the Department;
(13) coordinating with other appropriate executive agencies
in developing and carrying out the science and technology
agenda of the Department to reduce duplication and identify
unmet needs; and
(14) developing and overseeing the administration of guidelines for merit review of research and development projects
throughout the Department, and for the dissemination of
research conducted or sponsored by the Department.

6 USC 183.

SEC. 303. FUNCTIONS TRANSFERRED.

In accordance with title XV, there shall be transferred to the
Secretary the functions, personnel, assets, and liabilities of the
following entities:
(1) The following programs and activities of the Department
of Energy, including the functions of the Secretary of Energy
relating thereto (but not including programs and activities
relating to the strategic nuclear defense posture of the United
States):
(A) The chemical and biological national security and
supporting programs and activities of the nonproliferation
and verification research and development program.
(B) The nuclear smuggling programs and activities
within the proliferation detection program of the nonproliferation and verification research and development
program. The programs and activities described in this
subparagraph may be designated by the President either
for transfer to the Department or for joint operation by
the Secretary and the Secretary of Energy.
(C) The nuclear assessment program and activities
of the assessment, detection, and cooperation program of
the international materials protection and cooperation program.
(D) Such life sciences activities of the biological and
environmental research program related to microbial pathogens as may be designated by the President for transfer
to the Department.
(E) The Environmental Measurements Laboratory.

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(F) The advanced scientific computing research program and activities at Lawrence Livermore National Laboratory.
(2) The National Bio-Weapons Defense Analysis Center
of the Department of Defense, including the functions of the
Secretary of Defense related thereto.
SEC. 304. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES.

6 USC 184.

(a) IN GENERAL.—With respect to civilian human health-related
research and development activities relating to countermeasures
for chemical, biological, radiological, and nuclear and other
emerging terrorist threats carried out by the Department of Health
and Human Services (including the Public Health Service), the
Secretary of Health and Human Services shall set priorities, goals,
objectives, and policies and develop a coordinated strategy for such
activities in collaboration with the Secretary of Homeland Security
to ensure consistency with the national policy and strategic plan
developed pursuant to section 302(2).
(b) EVALUATION OF PROGRESS.—In carrying out subsection (a),
the Secretary of Health and Human Services shall collaborate with
the Secretary in developing specific benchmarks and outcome
measurements for evaluating progress toward achieving the priorities and goals described in such subsection.
(c)
ADMINISTRATION
OF
COUNTERMEASURES
AGAINST
SMALLPOX.—Section 224 of the Public Health Service Act (42 U.S.C.
233) is amended by adding the following:
‘‘(p) ADMINISTRATION OF SMALLPOX COUNTERMEASURES BY
HEALTH PROFESSIONALS.—
‘‘(1) IN GENERAL.—For purposes of this section, and subject
to other provisions of this subsection, a covered person shall
be deemed to be an employee of the Public Health Service
with respect to liability arising out of administration of a covered countermeasure against smallpox to an individual during
the effective period of a declaration by the Secretary under
paragraph (2)(A).
‘‘(2) DECLARATION BY SECRETARY CONCERNING COUNTERMEASURE AGAINST SMALLPOX.—
‘‘(A) AUTHORITY TO ISSUE DECLARATION.—
‘‘(i) IN GENERAL.—The Secretary may issue a declaration, pursuant to this paragraph, concluding that
an actual or potential bioterrorist incident or other
actual or potential public health emergency makes
advisable the administration of a covered countermeasure to a category or categories of individuals.
‘‘(ii) COVERED COUNTERMEASURE.—The Secretary
shall specify in such declaration the substance or substances that shall be considered covered countermeasures (as defined in paragraph (8)(A)) for purposes
of administration to individuals during the effective
period of the declaration.
‘‘(iii) EFFECTIVE PERIOD.—The Secretary shall
specify in such declaration the beginning and ending
dates of the effective period of the declaration, and
may subsequently amend such declaration to shorten
or extend such effective period, provided that the new

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closing date is after the date when the declaration
is amended.
‘‘(iv) PUBLICATION.—The Secretary shall promptly
publish each such declaration and amendment in the
Federal Register.
‘‘(B) LIABILITY OF UNITED STATES ONLY FOR ADMINISTRATIONS WITHIN SCOPE OF DECLARATION.—Except as provided
in paragraph (5)(B)(ii), the United States shall be liable
under this subsection with respect to a claim arising out
of the administration of a covered countermeasure to an
individual only if—
‘‘(i) the countermeasure was administered by a
qualified person, for a purpose stated in paragraph
(7)(A)(i), and during the effective period of a declaration
by the Secretary under subparagraph (A) with respect
to such countermeasure; and
‘‘(ii)(I) the individual was within a category of
individuals covered by the declaration; or
‘‘(II) the qualified person administering the
countermeasure had reasonable grounds to believe that
such individual was within such category.
‘‘(C) PRESUMPTION OF ADMINISTRATION WITHIN SCOPE
OF DECLARATION IN CASE OF ACCIDENTAL VACCINIA INOCULATION.—
‘‘(i) IN GENERAL.—If vaccinia vaccine is a covered
countermeasure specified in a declaration under
subparagraph (A), and an individual to whom the
vaccinia vaccine is not administered contracts vaccinia,
then, under the circumstances specified in clause (ii),
the individual—
‘‘(I) shall be rebuttably presumed to have contracted vaccinia from an individual to whom such
vaccine was administered as provided by clauses
(i) and (ii) of subparagraph (B); and
‘‘(II) shall (unless such presumption is
rebutted) be deemed for purposes of this subsection
to be an individual to whom a covered countermeasure was administered by a qualified person
in accordance with the terms of such declaration
and as described by subparagraph (B).
‘‘(ii) CIRCUMSTANCES IN WHICH PRESUMPTION
APPLIES.—The presumption and deeming stated in
clause (i) shall apply if—
‘‘(I) the individual contracts vaccinia during
the effective period of a declaration under subparagraph (A) or by the date 30 days after the close
of such period; or
‘‘(II) the individual resides or has resided with
an individual to whom such vaccine was administered as provided by clauses (i) and (ii) of subparagraph (B) and contracts vaccinia after such date.
‘‘(3) EXCLUSIVITY OF REMEDY.—The remedy provided by
subsection (a) shall be exclusive of any other civil action or
proceeding for any claim or suit this subsection encompasses.
‘‘(4) CERTIFICATION OF ACTION BY ATTORNEY GENERAL.—
Subsection (c) applies to actions under this subsection, subject
to the following provisions:

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‘‘(A) NATURE OF CERTIFICATION.—The certification by
the Attorney General that is the basis for deeming an
action or proceeding to be against the United States, and
for removing an action or proceeding from a State court,
is a certification that the action or proceeding is against
a covered person and is based upon a claim alleging personal injury or death arising out of the administration
of a covered countermeasure.
‘‘(B) CERTIFICATION OF ATTORNEY GENERAL CONCLUSIVE.—The certification of the Attorney General of the facts
specified in subparagraph (A) shall conclusively establish
such facts for purposes of jurisdiction pursuant to this
subsection.
‘‘(5) DEFENDANT TO COOPERATE WITH UNITED STATES.—
‘‘(A) IN GENERAL.—A covered person shall cooperate
with the United States in the processing and defense of
a claim or action under this subsection based upon alleged
acts or omissions of such person.
‘‘(B) CONSEQUENCES OF FAILURE TO COOPERATE.—Upon
the motion of the United States or any other party and
upon finding that such person has failed to so cooperate—
‘‘(i) the court shall substitute such person as the
party defendant in place of the United States and,
upon motion, shall remand any such suit to the court
in which it was instituted if it appears that the court
lacks subject matter jurisdiction;
‘‘(ii) the United States shall not be liable based
on the acts or omissions of such person; and
‘‘(iii) the Attorney General shall not be obligated
to defend such action.
‘‘(6) RECOURSE AGAINST COVERED PERSON IN CASE OF GROSS
MISCONDUCT OR CONTRACT VIOLATION.—
‘‘(A) IN GENERAL.—Should payment be made by the
United States to any claimant bringing a claim under
this subsection, either by way of administrative determination, settlement, or court judgment, the United States shall
have, notwithstanding any provision of State law, the right
to recover for that portion of the damages so awarded
or paid, as well as interest and any costs of litigation,
resulting from the failure of any covered person to carry
out any obligation or responsibility assumed by such person
under a contract with the United States or from any grossly
negligent, reckless, or illegal conduct or willful misconduct
on the part of such person.
‘‘(B) VENUE.—The United States may maintain an
action under this paragraph against such person in the
district court of the United States in which such person
resides or has its principal place of business.
‘‘(7) DEFINITIONS.—As used in this subsection, terms have
the following meanings:
‘‘(A) COVERED COUNTERMEASURE.—The term ‘covered
countermeasure’ or ‘covered countermeasure against
smallpox’, means a substance that is—
‘‘(i)(I) used to prevent or treat smallpox (including
the vaccinia or another vaccine); or
‘‘(II) vaccinia immune globulin used to control or
treat the adverse effects of vaccinia inoculation; and

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‘‘(ii) specified in a declaration under paragraph
(2).
‘‘(B) COVERED PERSON.—The term ‘covered person’,
when used with respect to the administration of a covered
countermeasure, includes any person who is—
‘‘(i) a manufacturer or distributor of such countermeasure;
‘‘(ii) a health care entity under whose auspices
such countermeasure was administered;
‘‘(iii) a qualified person who administered such
countermeasure; or
‘‘(iv) an official, agent, or employee of a person
described in clause (i), (ii), or (iii).
‘‘(C) QUALIFIED PERSON.—The term ‘qualified person’,
when used with respect to the administration of a covered
countermeasure, means a licensed health professional or
other individual who is authorized to administer such
countermeasure under the law of the State in which the
countermeasure was administered.’’.

6 USC 185.

SEC. 305. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.

Contracts.

The Secretary, acting through the Under Secretary for Science
and Technology, shall have the authority to establish or contract
with 1 or more federally funded research and development centers
to provide independent analysis of homeland security issues, or
to carry out other responsibilities under this Act, including coordinating and integrating both the extramural and intramural programs described in section 308.

6 USC 186.

SEC. 306. MISCELLANEOUS PROVISIONS.

Deadline.

6 USC 187.

(a) CLASSIFICATION.—To the greatest extent practicable,
research conducted or supported by the Department shall be
unclassified.
(b) CONSTRUCTION.—Nothing in this title shall be construed
to preclude any Under Secretary of the Department from carrying
out research, development, demonstration, or deployment activities,
as long as such activities are coordinated through the Under Secretary for Science and Technology.
(c) REGULATIONS.—The Secretary, acting through the Under
Secretary for Science and Technology, may issue necessary regulations with respect to research, development, demonstration, testing,
and evaluation activities of the Department, including the conducting, funding, and reviewing of such activities.
(d) NOTIFICATION OF PRESIDENTIAL LIFE SCIENCES DESIGNATIONS.—Not later than 60 days before effecting any transfer of
Department of Energy life sciences activities pursuant to section
303(1)(D) of this Act, the President shall notify the appropriate
congressional committees of the proposed transfer and shall include
the reasons for the transfer and a description of the effect of
the transfer on the activities of the Department of Energy.
SEC. 307. HOMELAND SECURITY ADVANCED RESEARCH PROJECTS
AGENCY.

(a) DEFINITIONS.—In this section:
(1) FUND.—The term ‘‘Fund’’ means the Acceleration Fund
for Research and Development of Homeland Security Technologies established in subsection (c).

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(2) HOMELAND SECURITY RESEARCH.—The term ‘‘homeland
security research’’ means research relevant to the detection
of, prevention of, protection against, response to, attribution
of, and recovery from homeland security threats, particularly
acts of terrorism.
(3) HSARPA.—The term ‘‘HSARPA’’ means the Homeland
Security Advanced Research Projects Agency established in
subsection (b).
(4) UNDER SECRETARY.—The term ‘‘Under Secretary’’ means
the Under Secretary for Science and Technology.
(b) HOMELAND SECURITY ADVANCED RESEARCH PROJECTS
AGENCY.—
(1) ESTABLISHMENT.—There is established the Homeland
Security Advanced Research Projects Agency.
(2) DIRECTOR.—HSARPA shall be headed by a Director,
who shall be appointed by the Secretary. The Director shall
report to the Under Secretary.
(3) RESPONSIBILITIES.—The Director shall administer the
Fund to award competitive, merit-reviewed grants, cooperative
agreements or contracts to public or private entities, including
businesses, federally funded research and development centers,
and universities. The Director shall administer the Fund to—
(A) support basic and applied homeland security
research to promote revolutionary changes in technologies
that would promote homeland security;
(B) advance the development, testing and evaluation,
and deployment of critical homeland security technologies;
and
(C) accelerate the prototyping and deployment of technologies
that
would
address
homeland
security
vulnerabilities.
(4) TARGETED COMPETITIONS.—The Director may solicit proposals to address specific vulnerabilities identified by the
Director.
(5) COORDINATION.—The Director shall ensure that the
activities of HSARPA are coordinated with those of other relevant research agencies, and may run projects jointly with
other agencies.
(6) PERSONNEL.—In hiring personnel for HSARPA, the Secretary shall have the hiring and management authorities
described in section 1101 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104
note; Public Law 105–261). The term of appointments for
employees under subsection (c)(1) of that section may not exceed
5 years before the granting of any extension under subsection
(c)(2) of that section.
(7) DEMONSTRATIONS.—The Director, periodically, shall
hold homeland security technology demonstrations to improve
contact among technology developers, vendors and acquisition
personnel.
(c) FUND.—
(1) ESTABLISHMENT.—There is established the Acceleration
Fund for Research and Development of Homeland Security
Technologies, which shall be administered by the Director of
HSARPA.

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(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $500,000,000 to the Fund for fiscal
year 2003 and such sums as may be necessary thereafter.
(3) COAST GUARD.—Of the funds authorized to be appropriated under paragraph (2), not less than 10 percent of such
funds for each fiscal year through fiscal year 2005 shall be
authorized only for the Under Secretary, through joint agreement with the Commandant of the Coast Guard, to carry out
research and development of improved ports, waterways and
coastal security surveillance and perimeter protection capabilities for the purpose of minimizing the possibility that Coast
Guard cutters, aircraft, helicopters, and personnel will be
diverted from non-homeland security missions to the ports,
waterways and coastal security mission.

6 USC 188.

SEC. 308. CONDUCT OF RESEARCH, DEVELOPMENT, DEMONSTRATION,
TESTING AND EVALUATION.

(a) IN GENERAL.—The Secretary, acting through the Under
Secretary for Science and Technology, shall carry out the responsibilities under section 302(4) through both extramural and intramural programs.
(b) EXTRAMURAL PROGRAMS.—
(1) IN GENERAL.—The Secretary, acting through the Under
Secretary for Science and Technology, shall operate extramural
research, development, demonstration, testing, and evaluation
programs so as to—
(A) ensure that colleges, universities, private research
institutes, and companies (and consortia thereof) from as
many areas of the United States as practicable participate;
(B) ensure that the research funded is of high quality,
as determined through merit review processes developed
under section 302(14); and
(C) distribute funds through grants, cooperative agreements, and contracts.
(2) UNIVERSITY-BASED CENTERS FOR HOMELAND SECURITY.—
(A) ESTABLISHMENT.—The Secretary, acting through
the Under Secretary for Science and Technology, shall
establish within 1 year of the date of enactment of this
Act a university-based center or centers for homeland security. The purpose of this center or centers shall be to
establish a coordinated, university-based system to enhance
the Nation’s homeland security.
(B) CRITERIA FOR SELECTION.—In selecting colleges or
universities as centers for homeland security, the Secretary
shall consider the following criteria:
(i) Demonstrated expertise in the training of first
responders.
(ii) Demonstrated expertise in responding to
incidents involving weapons of mass destruction and
biological warfare.
(iii) Demonstrated expertise in emergency medical
services.
(iv) Demonstrated expertise in chemical, biological,
radiological, and nuclear countermeasures.
(v) Strong affiliations with animal and plant diagnostic laboratories.
(vi) Demonstrated expertise in food safety.

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(vii) Affiliation with Department of Agriculture
laboratories or training centers.
(viii) Demonstrated expertise in water and wastewater operations.
(ix) Demonstrated expertise in port and waterway
security.
(x) Demonstrated expertise in multi-modal
transportation.
(xi) Nationally recognized programs in information
security.
(xii)
Nationally
recognized
programs
in
engineering.
(xiii) Demonstrated expertise in educational outreach and technical assistance.
(xiv) Demonstrated expertise in border transportation and security.
(xv) Demonstrated expertise in interdisciplinary
public policy research and communication outreach
regarding science, technology, and public policy.
(C) DISCRETION OF SECRETARY.—The Secretary shall
have the discretion to establish such centers and to consider
additional criteria as necessary to meet the evolving needs
of homeland security and shall report to Congress concerning the implementation of this paragraph as necessary.
(D) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be necessary to carry out this paragraph.
(c) INTRAMURAL PROGRAMS.—
(1) CONSULTATION.—In carrying out the duties under section 302, the Secretary, acting through the Under Secretary
for Science and Technology, may draw upon the expertise of
any laboratory of the Federal Government, whether operated
by a contractor or the Government.
(2) LABORATORIES.—The Secretary, acting through the
Under Secretary for Science and Technology, may establish
a headquarters laboratory for the Department at any laboratory
or site and may establish additional laboratory units at other
laboratories or sites.
(3) CRITERIA FOR HEADQUARTERS LABORATORY.—If the Secretary chooses to establish a headquarters laboratory pursuant
to paragraph (2), then the Secretary shall do the following:
(A) Establish criteria for the selection of the headquarters laboratory in consultation with the National
Academy of Sciences, appropriate Federal agencies, and
other experts.
(B) Publish the criteria in the Federal Register.
(C) Evaluate all appropriate laboratories or sites
against the criteria.
(D) Select a laboratory or site on the basis of the
criteria.
(E) Report to the appropriate congressional committees
on which laboratory was selected, how the selected laboratory meets the published criteria, and what duties the
headquarters laboratory shall perform.
(4) LIMITATION ON OPERATION OF LABORATORIES.—No laboratory shall begin operating as the headquarters laboratory

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Reports.

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of the Department until at least 30 days after the transmittal
of the report required by paragraph (3)(E).

6 USC 189.

SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL LABORATORIES AND SITES IN SUPPORT OF HOMELAND
SECURITY ACTIVITIES.

(a) AUTHORITY TO UTILIZE NATIONAL LABORATORIES AND
SITES.—
(1) IN GENERAL.—In carrying out the missions of the
Department, the Secretary may utilize the Department of
Energy national laboratories and sites through any 1 or more
of the following methods, as the Secretary considers appropriate:
(A) A joint sponsorship arrangement referred to in
subsection (b).
(B) A direct contract between the Department and
the applicable Department of Energy laboratory or site,
subject to subsection (c).
(C) Any ‘‘work for others’’ basis made available by
that laboratory or site.
(D) Any other method provided by law.
(2) ACCEPTANCE AND PERFORMANCE BY LABS AND SITES.—
Notwithstanding any other law governing the administration,
mission, use, or operations of any of the Department of Energy
national laboratories and sites, such laboratories and sites are
authorized to accept and perform work for the Secretary, consistent with resources provided, and perform such work on
an equal basis to other missions at the laboratory and not
on a noninterference basis with other missions of such laboratory or site.
(b) JOINT SPONSORSHIP ARRANGEMENTS.—
(1) LABORATORIES.—The Department may be a joint
sponsor, under a multiple agency sponsorship arrangement with
the Department of Energy, of 1 or more Department of Energy
national laboratories in the performance of work.
(2) SITES.—The Department may be a joint sponsor of
a Department of Energy site in the performance of work as
if such site were a federally funded research and development
center and the work were performed under a multiple agency
sponsorship arrangement with the Department.
(3) PRIMARY SPONSOR.—The Department of Energy shall
be the primary sponsor under a multiple agency sponsorship
arrangement referred to in paragraph (1) or (2).
(4) LEAD AGENT.—The Secretary of Energy shall act as
the lead agent in coordinating the formation and performance
of a joint sponsorship arrangement under this subsection
between the Department and a Department of Energy national
laboratory or site.
(5) FEDERAL ACQUISITION REGULATION.—Any work performed by a Department of Energy national laboratory or site
under a joint sponsorship arrangement under this subsection
shall comply with the policy on the use of federally funded
research and development centers under the Federal Acquisition Regulations.
(6) FUNDING.—The Department shall provide funds for
work at the Department of Energy national laboratories or

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sites, as the case may be, under a joint sponsorship arrangement under this subsection under the same terms and conditions as apply to the primary sponsor of such national laboratory under section 303(b)(1)(C) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(b)(1)(C))
or of such site to the extent such section applies to such
site as a federally funded research and development center
by reason of this subsection.
(c) SEPARATE CONTRACTING.—To the extent that programs or
activities transferred by this Act from the Department of Energy
to the Department of Homeland Security are being carried out
through direct contracts with the operator of a national laboratory
or site of the Department of Energy, the Secretary of Homeland
Security and the Secretary of Energy shall ensure that direct contracts for such programs and activities between the Department
of Homeland Security and such operator are separate from the
direct contracts of the Department of Energy with such operator.
(d) AUTHORITY WITH RESPECT TO COOPERATIVE RESEARCH AND
DEVELOPMENT AGREEMENTS AND LICENSING AGREEMENTS.—In
connection with any utilization of the Department of Energy
national laboratories and sites under this section, the Secretary
may permit the director of any such national laboratory or site
to enter into cooperative research and development agreements
or to negotiate licensing agreements with any person, any agency
or instrumentality, of the United States, any unit of State or local
government, and any other entity under the authority granted
by section 12 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a). Technology may be transferred to a
non-Federal party to such an agreement consistent with the provisions of sections 11 and 12 of that Act (15 U.S.C. 3710, 3710a).
(e) REIMBURSEMENT OF COSTS.—In the case of an activity carried out by the operator of a Department of Energy national laboratory or site in connection with any utilization of such laboratory
or site under this section, the Department of Homeland Security
shall reimburse the Department of Energy for costs of such activity
through a method under which the Secretary of Energy waives
any requirement for the Department of Homeland Security to pay
administrative charges or personnel costs of the Department of
Energy or its contractors in excess of the amount that the Secretary
of Energy pays for an activity carried out by such contractor and
paid for by the Department of Energy.
(f) LABORATORY DIRECTED RESEARCH AND DEVELOPMENT BY
THE DEPARTMENT OF ENERGY.—No funds authorized to be appropriated or otherwise made available to the Department in any
fiscal year may be obligated or expended for laboratory directed
research and development activities carried out by the Department
of Energy unless such activities support the missions of the Department of Homeland Security.
(g) OFFICE FOR NATIONAL LABORATORIES.—There is established
within the Directorate of Science and Technology an Office for
National Laboratories, which shall be responsible for the coordination and utilization of the Department of Energy national laboratories and sites under this section in a manner to create a networked
laboratory system for the purpose of supporting the missions of
the Department.
(h) DEPARTMENT OF ENERGY COORDINATION ON HOMELAND
SECURITY RELATED RESEARCH.—The Secretary of Energy shall

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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.
6 USC 190.

SEC. 310. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER,
DEPARTMENT OF AGRICULTURE.

(a) IN GENERAL.—In accordance with title XV, the Secretary
of Agriculture shall transfer to the Secretary of Homeland Security
the Plum Island Animal Disease Center of the Department of Agriculture, including the assets and liabilities of the Center.
(b) CONTINUED DEPARTMENT OF AGRICULTURE ACCESS.—On
completion of the transfer of the Plum Island Animal Disease Center
under subsection (a), the Secretary of Homeland Security and the
Secretary of Agriculture shall enter into an agreement to ensure
that the Department of Agriculture is able to carry out research,
diagnostic, and other activities of the Department of Agriculture
at the Center.
(c) DIRECTION OF ACTIVITIES.—The Secretary of Agriculture
shall continue to direct the research, diagnostic, and other activities
of the Department of Agriculture at the Center described in subsection (b).
(d) NOTIFICATION.—
(1) IN GENERAL.—At least 180 days before any change
in the biosafety level at the Plum Island Animal Disease Center,
the President shall notify Congress of the change and describe
the reasons for the change.
(2) LIMITATION.—No change described in paragraph (1) may
be made earlier than 180 days after the completion of the
transition period (as defined in section 1501).
6 USC 191.

SEC.

311.

HOMELAND SECURITY
ADVISORY COMMITTEE.

SCIENCE

AND

TECHNOLOGY

(a) ESTABLISHMENT.—There is established within the Department a Homeland Security Science and Technology Advisory Committee (in this section referred to as the ‘‘Advisory Committee’’).
The Advisory Committee shall make recommendations with respect
to the activities of the Under Secretary for Science and Technology,
including identifying research areas of potential importance to the
security of the Nation.
(b) MEMBERSHIP.—
(1) APPOINTMENT.—The Advisory Committee shall consist
of 20 members appointed by the Under Secretary for Science
and Technology, which shall include emergency first-responders
or representatives of organizations or associations of emergency
first-responders. The Advisory Committee shall also include
representatives of citizen groups, including economically disadvantaged communities. The individuals appointed as members of the Advisory Committee—
(A) shall be eminent in fields such as emergency
response, research, engineering, new product development,
business, and management consulting;
(B) shall be selected solely on the basis of established
records of distinguished service;
(C) shall not be employees of the Federal Government;
and

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(D) shall be so selected as to provide representation
of a cross-section of the research, development, demonstration, and deployment activities supported by the Under
Secretary for Science and Technology.
(2) NATIONAL RESEARCH COUNCIL.—The Under Secretary
for Science and Technology may enter into an arrangement
for the National Research Council to select members of the
Advisory Committee, but only if the panel used by the National
Research Council reflects the representation described in paragraph (1).
(c) TERMS OF OFFICE.—
(1) IN GENERAL.—Except as otherwise provided in this subsection, the term of office of each member of the Advisory
Committee shall be 3 years.
(2) ORIGINAL APPOINTMENTS.—The original members of the
Advisory Committee shall be appointed to three classes of three
members each. One class shall have a term of 1 year, 1 a
term of 2 years, and the other a term of 3 years.
(3) VACANCIES.—A member appointed to fill a vacancy
occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the
remainder of such term.
(d) ELIGIBILITY.—A person who has completed two consecutive
full terms of service on the Advisory Committee shall thereafter
be ineligible for appointment during the 1-year period following
the expiration of the second such term.
(e) MEETINGS.—The Advisory Committee shall meet at least
quarterly at the call of the Chair or whenever one-third of the
members so request in writing. Each member shall be given appropriate notice of the call of each meeting, whenever possible not
less than 15 days before the meeting.
(f) QUORUM.—A majority of the members of the Advisory Committee not having a conflict of interest in the matter being considered by the Advisory Committee shall constitute a quorum.
(g) CONFLICT OF INTEREST RULES.—The Advisory Committee
shall establish rules for determining when 1 of its members has
a conflict of interest in a matter being considered by the Advisory
Committee.
(h) REPORTS.—
(1) ANNUAL REPORT.—The Advisory Committee shall render
an annual report to the Under Secretary for Science and Technology for transmittal to Congress on or before January 31
of each year. Such report shall describe the activities and
recommendations of the Advisory Committee during the previous year.
(2) ADDITIONAL REPORTS.—The Advisory Committee may
render to the Under Secretary for transmittal to Congress
such additional reports on specific policy matters as it considers
appropriate.
(i) FEDERAL ADVISORY COMMITTEE ACT EXEMPTION.—Section
14 of the Federal Advisory Committee Act shall not apply to the
Advisory Committee.
(j) TERMINATION.—The Department of Homeland Security
Science and Technology Advisory Committee shall terminate 3 years
after the effective date of this Act.

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6 USC 192.

PUBLIC LAW 107–296—NOV. 25, 2002

SEC. 312. HOMELAND SECURITY INSTITUTE.

(a) ESTABLISHMENT.—The Secretary shall establish a federally
funded research and development center to be known as the ‘‘Homeland Security Institute’’ (in this section referred to as the
‘‘Institute’’).
(b) ADMINISTRATION.—The Institute shall be administered as
a separate entity by the Secretary.
(c) DUTIES.—The duties of the Institute shall be determined
by the Secretary, and may include the following:
(1) Systems analysis, risk analysis, and simulation and
modeling to determine the vulnerabilities of the Nation’s critical
infrastructures and the effectiveness of the systems deployed
to reduce those vulnerabilities.
(2) Economic and policy analysis to assess the distributed
costs and benefits of alternative approaches to enhancing security.
(3) Evaluation of the effectiveness of measures deployed
to enhance the security of institutions, facilities, and infrastructure that may be terrorist targets.
(4) Identification of instances when common standards and
protocols could improve the interoperability and effective utilization of tools developed for field operators and first responders.
(5) Assistance for Federal agencies and departments in
establishing testbeds to evaluate the effectiveness of technologies under development and to assess the appropriateness
of such technologies for deployment.
(6) Design of metrics and use of those metrics to evaluate
the effectiveness of homeland security programs throughout
the Federal Government, including all national laboratories.
(7) Design of and support for the conduct of homeland
security-related exercises and simulations.
(8) Creation of strategic technology development plans to
reduce vulnerabilities in the Nation’s critical infrastructure
and key resources.
(d) CONSULTATION ON INSTITUTE ACTIVITIES.—In carrying out
the duties described in subsection (c), the Institute shall consult
widely with representatives from private industry, institutions of
higher education, nonprofit institutions, other Government agencies,
and federally funded research and development centers.
(e) USE OF CENTERS.—The Institute shall utilize the capabilities
of the National Infrastructure Simulation and Analysis Center.
(f) ANNUAL REPORTS.—The Institute shall transmit to the Secretary and Congress an annual report on the activities of the
Institute under this section.
(g) TERMINATION.—The Homeland Security Institute shall
terminate 3 years after the effective date of this Act.
6 USC 193.

SEC. 313. TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE AND SUPPORT INNOVATIVE SOLUTIONS TO ENHANCE HOMELAND
SECURITY.

(a) ESTABLISHMENT OF PROGRAM.—The Secretary, acting
through the Under Secretary for Science and Technology, shall
establish and promote a program to encourage technological innovation in facilitating the mission of the Department (as described
in section 101).
(b) ELEMENTS OF PROGRAM.—The program described in subsection (a) shall include the following components:

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(1) The establishment of a centralized Federal clearinghouse for information relating to technologies that would further the mission of the Department for dissemination, as appropriate, to Federal, State, and local government and private
sector entities for additional review, purchase, or use.
(2) The issuance of announcements seeking unique and
innovative technologies to advance the mission of the Department.
(3) The establishment of a technical assistance team to
assist in screening, as appropriate, proposals submitted to the
Secretary (except as provided in subsection (c)(2)) to assess
the feasibility, scientific and technical merits, and estimated
cost of such proposals, as appropriate.
(4) The provision of guidance, recommendations, and technical assistance, as appropriate, to assist Federal, State, and
local government and private sector efforts to evaluate and
implement the use of technologies described in paragraph (1)
or (2).
(5) The provision of information for persons seeking guidance on how to pursue proposals to develop or deploy technologies that would enhance homeland security, including
information relating to Federal funding, regulation, or acquisition.
(c) MISCELLANEOUS PROVISIONS.—
(1) IN GENERAL.—Nothing in this section shall be construed
as authorizing the Secretary or the technical assistance team
established under subsection (b)(3) to set standards for technology to be used by the Department, any other executive
agency, any State or local government entity, or any private
sector entity.
(2) CERTAIN PROPOSALS.—The technical assistance team
established under subsection (b)(3) shall not consider or
evaluate proposals submitted in response to a solicitation for
offers for a pending procurement or for a specific agency
requirement.
(3) COORDINATION.—In carrying out this section, the Secretary shall coordinate with the Technical Support Working
Group (organized under the April 1982 National Security Decision Directive Numbered 30).

TITLE IV—DIRECTORATE OF BORDER
AND TRANSPORTATION SECURITY
Subtitle A—Under Secretary for Border
and Transportation Security
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION
SECURITY.

6 USC 201.

There shall be in the Department a Directorate of Border
and Transportation Security headed by an Under Secretary for
Border and Transportation Security.
SEC. 402. RESPONSIBILITIES.

6 USC 202.

The Secretary, acting through the Under Secretary for Border
and Transportation Security, shall be responsible for the following:

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PUBLIC LAW 107–296—NOV. 25, 2002
(1) Preventing the entry of terrorists and the instruments
of terrorism into the United States.
(2) Securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems
of the United States, including managing and coordinating
those functions transferred to the Department at ports of entry.
(3) Carrying out the immigration enforcement functions
vested by statute in, or performed by, the Commissioner of
Immigration and Naturalization (or any officer, employee, or
component of the Immigration and Naturalization Service)
immediately before the date on which the transfer of functions
specified under section 441 takes effect.
(4) Establishing and administering rules, in accordance
with section 428, governing the granting of visas or other
forms of permission, including parole, to enter the United States
to individuals who are not a citizen or an alien lawfully
admitted for permanent residence in the United States.
(5) Establishing national immigration enforcement policies
and priorities.
(6) Except as provided in subtitle C, administering the
customs laws of the United States.
(7) Conducting the inspection and related administrative
functions of the Department of Agriculture transferred to the
Secretary of Homeland Security under section 421.
(8) In carrying out the foregoing responsibilities, ensuring
the speedy, orderly, and efficient flow of lawful traffic and
commerce.

6 USC 203.

SEC. 403. FUNCTIONS TRANSFERRED.

In accordance with title XV (relating to transition provisions),
there shall be transferred to the Secretary the functions, personnel,
assets, and liabilities of—
(1) the United States Customs Service of the Department
of the Treasury, including the functions of the Secretary of
the Treasury relating thereto;
(2) the Transportation Security Administration of the
Department of Transportation, including the functions of the
Secretary of Transportation, and of the Under Secretary of
Transportation for Security, relating thereto;
(3) the Federal Protective Service of the General Services
Administration, including the functions of the Administrator
of General Services relating thereto;
(4) the Federal Law Enforcement Training Center of the
Department of the Treasury; and
(5) the Office for Domestic Preparedness of the Office of
Justice Programs, including the functions of the Attorney General relating thereto.

Subtitle B—United States Customs Service
6 USC 211.

SEC. 411. ESTABLISHMENT; COMMISSIONER OF CUSTOMS.

(a) ESTABLISHMENT.—There is established in the Department
the United States Customs Service, under the authority of the
Under Secretary for Border and Transportation Security, which
shall be vested with those functions including, but not limited

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to those set forth in section 415(7), and the personnel, assets,
and liabilities attributable to those functions.
(b) COMMISSIONER OF CUSTOMS.—
(1) IN GENERAL.—There shall be at the head of the Customs
Service a Commissioner of Customs, who shall be appointed
by the President, by and with the advice and consent of the
Senate.
(2) COMPENSATION.—Section 5314 of title 5, United States
Code, is amended by striking
‘‘Commissioner of Customs, Department of the Treasury’’
and inserting
‘‘Commissioner of Customs, Department of Homeland Security.’’.
(3) CONTINUATION IN OFFICE.—The individual serving as
the Commissioner of Customs on the day before the effective
date of this Act may serve as the Commissioner of Customs
on and after such effective date until a Commissioner of Customs is appointed under paragraph (1).
SEC. 412. RETENTION OF CUSTOMS REVENUE FUNCTIONS BY SECRETARY OF THE TREASURY.

6 USC 212.

(a) RETENTION OF CUSTOMS REVENUE FUNCTIONS BY SECRETARY
TREASURY.—
(1) RETENTION OF AUTHORITY.—Notwithstanding section
403(a)(1), authority related to Customs revenue functions that
was vested in the Secretary of the Treasury by law before
the effective date of this Act under those provisions of law
set forth in paragraph (2) shall not be transferred to the Secretary by reason of this Act, and on and after the effective
date of this Act, the Secretary of the Treasury may delegate
any such authority to the Secretary at the discretion of the
Secretary of the Treasury. The Secretary of the Treasury shall
consult with the Secretary regarding the exercise of any such
authority not delegated to the Secretary.
(2) STATUTES.—The provisions of law referred to in paragraph (1) are the following: the Tariff Act of 1930; section
249 of the Revised Statutes of the United States (19 U.S.C.
3); section 2 of the Act of March 4, 1923 (19 U.S.C. 6); section
13031 of the Consolidated Omnibus Budget Reconciliation Act
of 1985 (19 U.S.C. 58c); section 251 of the Revised Statutes
of the United States (19 U.S.C. 66); section 1 of the Act of
June 26, 1930 (19 U.S.C. 68); the Foreign Trade Zones Act
(19 U.S.C. 81a et seq.); section 1 of the Act of March 2, 1911
(19 U.S.C. 198); the Trade Act of 1974; the Trade Agreements
Act of 1979; the North American Free Trade Area Implementation Act; the Uruguay Round Agreements Act; the Caribbean
Basin Economic Recovery Act; the Andean Trade Preference
Act; the African Growth and Opportunity Act; and any other
provision of law vesting customs revenue functions in the Secretary of the Treasury.
(b) MAINTENANCE OF CUSTOMS REVENUE FUNCTIONS.—
(1) MAINTENANCE OF FUNCTIONS.—Notwithstanding any
other provision of this Act, the Secretary may not consolidate,
discontinue, or diminish those functions described in paragraph
(2) performed by the United States Customs Service (as established under section 411) on or after the effective date of
this Act, reduce the staffing level, or reduce the resources

OF THE

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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.
6 USC 213.

SEC. 413. PRESERVATION OF CUSTOMS FUNDS.

Notwithstanding any other provision of this Act, no funds available to the United States Customs Service or collected under paragraphs (1) through (8) of section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 may be transferred for use
by any other agency or office in the Department.
6 USC 214.

SEC. 414. SEPARATE BUDGET REQUEST FOR CUSTOMS.

The President shall include in each budget transmitted to Congress under section 1105 of title 31, United States Code, a separate
budget request for the United States Customs Service.
6 USC 215.

SEC. 415. DEFINITION.

In this subtitle, the term ‘‘customs revenue function’’ means
the following:
(1) Assessing and collecting customs duties (including antidumping and countervailing duties and duties imposed under
safeguard provisions), excise taxes, fees, and penalties due on
imported merchandise, including classifying and valuing merchandise for purposes of such assessment.
(2) Processing and denial of entry of persons, baggage,
cargo, and mail, with respect to the assessment and collection
of import duties.
(3) Detecting and apprehending persons engaged in fraudulent practices designed to circumvent the customs laws of the
United States.
(4) Enforcing section 337 of the Tariff Act of 1930 and
provisions relating to import quotas and the marking of
imported merchandise, and providing Customs Recordations
for copyrights, patents, and trademarks.
(5) Collecting accurate import data for compilation of international trade statistics.
(6) Enforcing reciprocal trade agreements.
(7) Functions performed by the following personnel, and
associated support staff, of the United States Customs Service
on the day before the effective date of this Act: Import Specialists, Entry Specialists, Drawback Specialists, National Import
Specialist, Fines and Penalties Specialists, attorneys of the
Office of Regulations and Rulings, Customs Auditors, International Trade Specialists, Financial Systems Specialists.
(8) Functions performed by the following offices, with
respect to any function described in any of paragraphs (1)
through (7), and associated support staff, of the United States

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Customs Service on the day before the effective date of this
Act: the Office of Information and Technology, the Office of
Laboratory Services, the Office of the Chief Counsel, the Office
of Congressional Affairs, the Office of International Affairs,
and the Office of Training and Development.
SEC. 416. GAO REPORT TO CONGRESS.

6 USC 216.

Not later than 3 months after the effective date of this Act,
the Comptroller General of the United States shall submit to Congress a report that sets forth all trade functions performed by
the executive branch, specifying each agency that performs each
such function.

Deadline.

SEC. 417. ALLOCATION OF RESOURCES BY THE SECRETARY.

6 USC 217.

(a) IN GENERAL.—The Secretary shall ensure that adequate
staffing is provided to assure that levels of customs revenue services
provided on the day before the effective date of this Act shall
continue to be provided.
(b) NOTIFICATION OF CONGRESS.—The Secretary shall notify
the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate at least 90 days
prior to taking any action which would—
(1) result in any significant reduction in customs revenue
services, including hours of operation, provided at any office
within the Department or any port of entry;
(2) eliminate or relocate any office of the Department which
provides customs revenue services; or
(3) eliminate any port of entry.
(c) DEFINITION.—In this section, the term ‘‘customs revenue
services’’ means those customs revenue functions described in paragraphs (1) through (6) and paragraph (8) of section 415.
SEC. 418. REPORTS TO CONGRESS.

6 USC 218.

(a) CONTINUING REPORTS.—The United States Customs Service
shall, on and after the effective date of this Act, continue to submit
to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate any report
required, on the day before such the effective date of this Act,
to be so submitted under any provision of law.
(b) REPORT ON CONFORMING AMENDMENTS.—Not later than
60 days after the date of enactment of this Act, the Secretary
of the Treasury shall submit a report to the Committee on Finance
of the Senate and the Committee on Ways and Means of the
House of Representatives of proposed conforming amendments to
the statutes set forth under section 412(a)(2) in order to determine
the appropriate allocation of legal authorities described under this
subsection. The Secretary of the Treasury shall also identify those
authorities vested in the Secretary of the Treasury that are exercised by the Commissioner of Customs on or before the effective
date of this section.

Deadline.

SEC. 419. CUSTOMS USER FEES.

(a) IN GENERAL.—Section 13031(f) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)) is amended—
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following:

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PUBLIC LAW 107–296—NOV. 25, 2002

‘‘(B) amounts deposited into the Customs Commercial
and Homeland Security Automation Account under paragraph (5).’’;
(2) in paragraph (4), by striking ‘‘(other than the excess
fees determined by the Secretary under paragraph (5))’’; and
(3) by striking paragraph (5) and inserting the following:
‘‘(5)(A) There is created within the general fund of the Treasury
a separate account that shall be known as the ‘Customs Commercial
and Homeland Security Automation Account’. In each of fiscal years
2003, 2004, and 2005 there shall be deposited into the Account
from fees collected under subsection (a)(9)(A), $350,000,000.
‘‘(B) There is authorized to be appropriated from the Account
in fiscal years 2003 through 2005 such amounts as are available
in that Account for the development, establishment, and
implementation of the Automated Commercial Environment computer system for the processing of merchandise that is entered
or released and for other purposes related to the functions of the
Department of Homeland Security. Amounts appropriated pursuant
to this subparagraph are authorized to remain available until
expended.
‘‘(C) In adjusting the fee imposed by subsection (a)(9)(A) for
fiscal year 2006, the Secretary of the Treasury shall reduce the
amount estimated to be collected in fiscal year 2006 by the amount
by which total fees deposited to the Account during fiscal years
2003, 2004, and 2005 exceed total appropriations from that
Account.’’.
(b) CONFORMING AMENDMENT.—Section 311(b) of the Customs
Border Security Act of 2002 (Public Law 107–210) is amended
by striking paragraph (2).

Subtitle C—Miscellaneous Provisions
6 USC 231.

SEC. 421. TRANSFER OF CERTAIN AGRICULTURAL INSPECTION FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE.

(a) TRANSFER OF AGRICULTURAL IMPORT AND ENTRY INSPECTION
FUNCTIONS.—There shall be transferred to the Secretary the functions of the Secretary of Agriculture relating to agricultural import
and entry inspection activities under the laws specified in subsection
(b).
(b) COVERED ANIMAL AND PLANT PROTECTION LAWS.—The laws
referred to in subsection (a) are the following:
(1) The Act commonly known as the Virus-Serum-Toxin
Act (the eighth paragraph under the heading ‘‘Bureau of Animal
Industry’’ in the Act of March 4, 1913; 21 U.S.C. 151 et seq.).
(2) Section 1 of the Act of August 31, 1922 (commonly
known as the Honeybee Act; 7 U.S.C. 281).
(3) Title III of the Federal Seed Act (7 U.S.C. 1581 et
seq.).
(4) The Plant Protection Act (7 U.S.C. 7701 et seq.).
(5) The Animal Health Protection Act (subtitle E of title
X of Public Law 107–171; 7 U.S.C. 8301 et seq.).
(6) The Lacey Act Amendments of 1981 (16 U.S.C. 3371
et seq.).
(7) Section 11 of the Endangered Species Act of 1973 (16
U.S.C. 1540).

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(c) EXCLUSION OF QUARANTINE ACTIVITIES.—For purposes of
this section, the term ‘‘functions’’ does not include any quarantine
activities carried out under the laws specified in subsection (b).
(d) EFFECT OF TRANSFER.—
(1) COMPLIANCE WITH DEPARTMENT OF AGRICULTURE REGULATIONS.—The authority transferred pursuant to subsection (a)
shall be exercised by the Secretary in accordance with the
regulations, policies, and procedures issued by the Secretary
of Agriculture regarding the administration of the laws specified
in subsection (b).
(2) RULEMAKING COORDINATION.—The Secretary of Agriculture shall coordinate with the Secretary whenever the Secretary of Agriculture prescribes regulations, policies, or procedures for administering the functions transferred under subsection (a) under a law specified in subsection (b).
(3) EFFECTIVE ADMINISTRATION.—The Secretary, in consultation with the Secretary of Agriculture, may issue such
directives and guidelines as are necessary to ensure the effective use of personnel of the Department of Homeland Security
to carry out the functions transferred pursuant to subsection
(a).
(e) TRANSFER AGREEMENT.—
(1) AGREEMENT REQUIRED; REVISION.—Before the end of
the transition period, as defined in section 1501, the Secretary
of Agriculture and the Secretary shall enter into an agreement
to effectuate the transfer of functions required by subsection
(a). The Secretary of Agriculture and the Secretary may jointly
revise the agreement as necessary thereafter.
(2) REQUIRED TERMS.—The agreement required by this subsection shall specifically address the following:
(A) The supervision by the Secretary of Agriculture
of the training of employees of the Secretary to carry out
the functions transferred pursuant to subsection (a).
(B) The transfer of funds to the Secretary under subsection (f).
(3) COOPERATION AND RECIPROCITY.—The Secretary of Agriculture and the Secretary may include as part of the agreement
the following:
(A) Authority for the Secretary to perform functions
delegated to the Animal and Plant Health Inspection
Service of the Department of Agriculture regarding the
protection of domestic livestock and plants, but not transferred to the Secretary pursuant to subsection (a).
(B) Authority for the Secretary of Agriculture to use
employees of the Department of Homeland Security to carry
out authorities delegated to the Animal and Plant Health
Inspection Service regarding the protection of domestic livestock and plants.
(f) PERIODIC TRANSFER OF FUNDS TO DEPARTMENT OF HOMELAND SECURITY.—
(1) TRANSFER OF FUNDS.—Out of funds collected by fees
authorized under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136,
136a), the Secretary of Agriculture shall transfer, from time
to time in accordance with the agreement under subsection
(e), to the Secretary funds for activities carried out by the
Secretary for which such fees were collected.

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7 USC 2279e.

7 USC 2279e,
2779f.

6 USC 232.

PUBLIC LAW 107–296—NOV. 25, 2002

(2) LIMITATION.—The proportion of fees collected pursuant
to such sections that are transferred to the Secretary under
this subsection may not exceed the proportion of the costs
incurred by the Secretary to all costs incurred to carry out
activities funded by such fees.
(g) TRANSFER OF DEPARTMENT OF AGRICULTURE EMPLOYEES.—
Not later than the completion of the transition period defined under
section 1501, the Secretary of Agriculture shall transfer to the
Secretary not more than 3,200 full-time equivalent positions of
the Department of Agriculture.
(h) PROTECTION OF INSPECTION ANIMALS.—Title V of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 2279e, 2279f) is
amended—
(1) in section 501(a)—
(A) by inserting ‘‘or the Department of Homeland Security’’ after ‘‘Department of Agriculture’’; and
(B) by inserting ‘‘or the Secretary of Homeland Security’’ after ‘‘Secretary of Agriculture’’;
(2) by striking ‘‘Secretary’’ each place it appears (other
than in sections 501(a) and 501(e)) and inserting ‘‘Secretary
concerned’’; and
(3) by adding at the end of section 501 the following new
subsection:
‘‘(e) SECRETARY CONCERNED DEFINED.—In this title, the term
‘Secretary concerned’ means—
‘‘(1) the Secretary of Agriculture, with respect to an animal
used for purposes of official inspections by the Department
of Agriculture; and
‘‘(2) the Secretary of Homeland Security, with respect to
an animal used for purposes of official inspections by the
Department of Homeland Security.’’.
SEC. 422. FUNCTIONS OF ADMINISTRATOR OF GENERAL SERVICES.

(a) OPERATION, MAINTENANCE, AND PROTECTION OF FEDERAL
BUILDINGS AND GROUNDS.—Nothing in this Act may be construed
to affect the functions or authorities of the Administrator of General
Services with respect to the operation, maintenance, and protection
of buildings and grounds owned or occupied by the Federal Government and under the jurisdiction, custody, or control of the Administrator. Except for the law enforcement and related security functions
transferred under section 403(3), the Administrator shall retain
all powers, functions, and authorities vested in the Administrator
under chapter 10 of title 40, United States Code, and other provisions of law that are necessary for the operation, maintenance,
and protection of such buildings and grounds.
(b) COLLECTION OF RENTS AND FEES; FEDERAL BUILDINGS
FUND.—
(1) STATUTORY CONSTRUCTION.—Nothing in this Act may
be construed—
(A) to direct the transfer of, or affect, the authority
of the Administrator of General Services to collect rents
and fees, including fees collected for protective services;
or
(B) to authorize the Secretary or any other official
in the Department to obligate amounts in the Federal
Buildings Fund established by section 490(f) of title 40,
United States Code.

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(2) USE OF TRANSFERRED AMOUNTS.—Any amounts transferred by the Administrator of General Services to the Secretary
out of rents and fees collected by the Administrator shall be
used by the Secretary solely for the protection of buildings
or grounds owned or occupied by the Federal Government.
SEC. 423. FUNCTIONS OF TRANSPORTATION SECURITY ADMINISTRATION.

(a) CONSULTATION WITH FEDERAL AVIATION ADMINISTRATION.—
The Secretary and other officials in the Department shall consult
with the Administrator of the Federal Aviation Administration
before taking any action that might affect aviation safety, air carrier
operations, aircraft airworthiness, or the use of airspace. The Secretary shall establish a liaison office within the Department for
the purpose of consulting with the Administrator of the Federal
Aviation Administration.
(b) REPORT TO CONGRESS.—Not later than 60 days after the
date of enactment of this Act, the Secretary of Transportation
shall transmit to Congress a report containing a plan for complying
with the requirements of section 44901(d) of title 49, United States
Code, as amended by section 425 of this Act.
(c) LIMITATIONS ON STATUTORY CONSTRUCTION.—
(1) GRANT OF AUTHORITY.—Nothing in this Act may be
construed to vest in the Secretary or any other official in
the Department any authority over transportation security that
is not vested in the Under Secretary of Transportation for
Security, or in the Secretary of Transportation under chapter
449 of title 49, United States Code, on the day before the
date of enactment of this Act.
(2) OBLIGATION OF AIP FUNDS.—Nothing in this Act may
be construed to authorize the Secretary or any other official
in the Department to obligate amounts made available under
section 48103 of title 49, United States Code.
SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY ADMINISTRATION AS A DISTINCT ENTITY.

6 USC 233.

Deadline.

6 USC 234.

(a) IN GENERAL.—Notwithstanding any other provision of this
Act, and subject to subsection (b), the Transportation Security
Administration shall be maintained as a distinct entity within
the Department under the Under Secretary for Border Transportation and Security.
(b) SUNSET.—Subsection (a) shall cease to apply 2 years after
the date of enactment of this Act.
SEC. 425. EXPLOSIVE DETECTION SYSTEMS.

Section 44901(d) of title 49, United States Code, is amended
by adding at the end the following:
‘‘(2) DEADLINE.—
‘‘(A) IN GENERAL.—If, in his discretion or at the request
of an airport, the Under Secretary of Transportation for
Security determines that the Transportation Security
Administration is not able to deploy explosive detection
systems required to be deployed under paragraph (1) at
all airports where explosive detection systems are required
by December 31, 2002, then with respect to each airport
for which the Under Secretary makes that determination—
‘‘(i) the Under Secretary shall submit to the Senate
Committee on Commerce, Science, and Transportation

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and the House of Representatives Committee on
Transportation and Infrastructure a detailed plan
(which may be submitted in classified form) for the
deployment of the number of explosive detection systems at that airport necessary to meet the requirements of paragraph (1) as soon as practicable at that
airport but in no event later than December 31, 2003;
and
‘‘(ii) the Under Secretary shall take all necessary
action to ensure that alternative means of screening
all checked baggage is implemented until the requirements of paragraph (1) have been met.
‘‘(B) CRITERIA FOR DETERMINATION.—In making a
determination under subparagraph (A), the Under Secretary shall take into account—
‘‘(i) the nature and extent of the required modifications to the airport’s terminal buildings, and the technical, engineering, design and construction issues;
‘‘(ii) the need to ensure that such installations
and modifications are effective; and
‘‘(iii) the feasibility and cost-effectiveness of
deploying explosive detection systems in the baggage
sorting area or other non-public area rather than the
lobby of an airport terminal building.
‘‘(C) RESPONSE.—The Under Secretary shall respond
to the request of an airport under subparagraph (A) within
14 days of receiving the request. A denial of request shall
create no right of appeal or judicial review.
‘‘(D) AIRPORT EFFORT REQUIRED.—Each airport with
respect to which the Under Secretary makes a determination under subparagraph (A) shall—
‘‘(i) cooperate fully with the Transportation Security Administration with respect to screening checked
baggage and changes to accommodate explosive detection systems; and
‘‘(ii) make security projects a priority for the obligation or expenditure of funds made available under
chapter 417 or 471 until explosive detection systems
required to be deployed under paragraph (1) have been
deployed at that airport.
‘‘(3) REPORTS.—Until the Transportation Security Administration has met the requirements of paragraph (1), the Under
Secretary shall submit a classified report every 30 days after
the date of enactment of this Act to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure describing the progress made toward meeting such requirements at each airport.’’.

SEC. 426. TRANSPORTATION SECURITY.

(a) TRANSPORTATION SECURITY OVERSIGHT BOARD.—
(1) ESTABLISHMENT.—Section 115(a) of title 49, United
States Code, is amended by striking ‘‘Department of Transportation’’ and inserting ‘‘Department of Homeland Security’’.
(2) MEMBERSHIP.—Section 115(b)(1) of title 49, United
States Code, is amended—
(A) by striking subparagraph (G);

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(B) by redesignating subparagraphs (A) through (F)
as subparagraphs (B) through (G), respectively; and
(C) by inserting before subparagraph (B) (as so redesignated) the following:
‘‘(A) The Secretary of Homeland Security, or the Secretary’s designee.’’.
(3) CHAIRPERSON.—Section 115(b)(2) of title 49, United
States Code, is amended by striking ‘‘Secretary of Transportation’’ and inserting ‘‘Secretary of Homeland Security’’.
(b) APPROVAL OF AIP GRANT APPLICATIONS FOR SECURITY
ACTIVITIES.—Section 47106 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(g) CONSULTATION WITH SECRETARY OF HOMELAND SECURITY.—The Secretary shall consult with the Secretary of Homeland
Security before approving an application under this subchapter
for an airport development project grant for activities described
in section 47102(3)(B)(ii) only as they relate to security equipment
or section 47102(3)(B)(x) only as they relate to installation of bulk
explosive detection system.’’.
SEC. 427. COORDINATION OF INFORMATION AND INFORMATION TECHNOLOGY.

(a) DEFINITION OF AFFECTED AGENCY.—In this section, the term
‘‘affected agency’’ means—
(1) the Department;
(2) the Department of Agriculture;
(3) the Department of Health and Human Services; and
(4) any other department or agency determined to be appropriate by the Secretary.
(b) COORDINATION.—The Secretary, in coordination with the
Secretary of Agriculture, the Secretary of Health and Human Services, and the head of each other department or agency determined
to be appropriate by the Secretary, shall ensure that appropriate
information (as determined by the Secretary) concerning inspections
of articles that are imported or entered into the United States,
and are inspected or regulated by 1 or more affected agencies,
is timely and efficiently exchanged between the affected agencies.
(c) REPORT AND PLAN.—Not later than 18 months after the
date of enactment of this Act, the Secretary, in consultation with
the Secretary of Agriculture, the Secretary of Health and Human
Services, and the head of each other department or agency determined to be appropriate by the Secretary, shall submit to
Congress—
(1) a report on the progress made in implementing this
section; and
(2) a plan to complete implementation of this section.
SEC. 428. VISA ISSUANCE.

6 USC 235.

Deadline.

6 USC 236.

(a) DEFINITION.—In this subsection, the term ‘‘consular office’’
has the meaning given that term under section 101(a)(9) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(9)).
(b) IN GENERAL.—Notwithstanding section 104(a) of the
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other
provision of law, and except as provided in subsection (c) of this
section, the Secretary—
(1) shall be vested exclusively with all authorities to issue
regulations with respect to, administer, and enforce the provisions of such Act, and of all other immigration and nationality

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laws, relating to the functions of consular officers of the United
States in connection with the granting or refusal of visas,
and shall have the authority to refuse visas in accordance
with law and to develop programs of homeland security training
for consular officers (in addition to consular training provided
by the Secretary of State), which authorities shall be exercised
through the Secretary of State, except that the Secretary shall
not have authority to alter or reverse the decision of a consular
officer to refuse a visa to an alien; and
(2) shall have authority to confer or impose upon any
officer or employee of the United States, with the consent
of the head of the executive agency under whose jurisdiction
such officer or employee is serving, any of the functions specified
in paragraph (1).
(c) AUTHORITY OF THE SECRETARY OF STATE.—
(1) IN GENERAL.—Notwithstanding subsection (b), the Secretary of State may direct a consular officer to refuse a visa
to an alien if the Secretary of State deems such refusal necessary or advisable in the foreign policy or security interests
of the United States.
(2) CONSTRUCTION REGARDING AUTHORITY.—Nothing in this
section, consistent with the Secretary of Homeland Security’s
authority to refuse visas in accordance with law, shall be construed as affecting the authorities of the Secretary of State
under the following provisions of law:
(A) Section 101(a)(15)(A) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(A)).
(B) Section 204(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1154) (as it will take effect upon the
entry into force of the Convention on Protection of Children
and Cooperation in Respect to Inter-Country adoption).
(C) Section 212(a)(3)(B)(i)(IV)(bb) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(IV)(bb)).
(D) Section 212(a)(3)(B)(i)(VI) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(VI)).
(E) Section 212(a)(3)(B)(vi)(II) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(II)).
(F) Section 212(a)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(C)).
(G) Section 212(a)(10)(C) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(10)(C)).
(H) Section 212(f) of the Immigration and Nationality
Act (8 U.S.C. 1182(f)).
(I) Section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)).
(J) Section 237(a)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(C)).
(K) Section 401 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6034; Public
Law 104–114).
(L) Section 613 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105–277) (Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999); 112
Stat. 2681; H.R. 4328 (originally H.R. 4276) as amended
by section 617 of Public Law 106–553.

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(M) Section 103(f) of the Chemical Weapon Convention
Implementation Act of 1998 (112 Stat. 2681–865).
(N) Section 801 of H.R. 3427, the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001, as enacted by reference
in Public Law 106–113.
(O) Section 568 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002
(Public Law 107–115).
(P) Section 51 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2723).
(d) CONSULAR OFFICERS AND CHIEFS OF MISSIONS.—
(1) IN GENERAL.—Nothing in this section may be construed
to alter or affect—
(A) the employment status of consular officers as
employees of the Department of State; or
(B) the authority of a chief of mission under section
207 of the Foreign Service Act of 1980 (22 U.S.C. 3927).
(2)
CONSTRUCTION
REGARDING
DELEGATION
OF
AUTHORITY.—Nothing in this section shall be construed to affect
any delegation of authority to the Secretary of State by the
President pursuant to any proclamation issued under section
212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)),
consistent with the Secretary of Homeland Security’s authority
to refuse visas in accordance with law.
(e) ASSIGNMENT OF HOMELAND SECURITY EMPLOYEES TO DIPLOMATIC AND CONSULAR POSTS.—
(1) IN GENERAL.—The Secretary is authorized to assign
employees of the Department to each diplomatic and consular
post at which visas are issued, unless the Secretary determines
that such an assignment at a particular post would not promote
homeland security.
(2) FUNCTIONS.—Employees assigned under paragraph (1)
shall perform the following functions:
(A) Provide expert advice and training to consular officers regarding specific security threats relating to the adjudication of individual visa applications or classes of applications.
(B) Review any such applications, either on the initiative of the employee of the Department or upon request
by a consular officer or other person charged with adjudicating such applications.
(C) Conduct investigations with respect to consular
matters under the jurisdiction of the Secretary.
(3) EVALUATION OF CONSULAR OFFICERS.—The Secretary
of State shall evaluate, in consultation with the Secretary,
as deemed appropriate by the Secretary, the performance of
consular officers with respect to the processing and adjudication
of applications for visas in accordance with performance standards developed by the Secretary for these procedures.
(4) REPORT.—The Secretary shall, on an annual basis,
submit a report to Congress that describes the basis for each
determination under paragraph (1) that the assignment of an
employee of the Department at a particular diplomatic post
would not promote homeland security.
(5) PERMANENT ASSIGNMENT; PARTICIPATION IN TERRORIST
LOOKOUT COMMITTEE.—When appropriate, employees of the

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Deadline.

Deadline.

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Department assigned to perform functions described in paragraph (2) may be assigned permanently to overseas diplomatic
or consular posts with country-specific or regional responsibility. If the Secretary so directs, any such employee, when
present at an overseas post, shall participate in the terrorist
lookout committee established under section 304 of the
Enhanced Border Security and Visa Entry Reform Act of 2002
(8 U.S.C. 1733).
(6) TRAINING AND HIRING.—
(A) IN GENERAL.—The Secretary shall ensure, to the
extent possible, that any employees of the Department
assigned to perform functions under paragraph (2) and,
as appropriate, consular officers, shall be provided the necessary training to enable them to carry out such functions,
including training in foreign languages, interview techniques, and fraud detection techniques, in conditions in
the particular country where each employee is assigned,
and in other appropriate areas of study.
(B) USE OF CENTER.—The Secretary is authorized to
use the National Foreign Affairs Training Center, on a
reimbursable basis, to obtain the training described in
subparagraph (A).
(7) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of State
shall submit to Congress—
(A) a report on the implementation of this subsection;
and
(B) any legislative proposals necessary to further the
objectives of this subsection.
(8) EFFECTIVE DATE.—This subsection shall take effect on
the earlier of—
(A) the date on which the President publishes notice
in the Federal Register that the President has submitted
a report to Congress setting forth a memorandum of understanding between the Secretary and the Secretary of State
governing the implementation of this section; or
(B) the date occurring 1 year after the date of enactment of this Act.
(f) NO CREATION OF PRIVATE RIGHT OF ACTION.—Nothing in
this section shall be construed to create or authorize a private
right of action to challenge a decision of a consular officer or
other United States official or employee to grant or deny a visa.
(g) STUDY REGARDING USE OF FOREIGN NATIONALS.—
(1) IN GENERAL.—The Secretary of Homeland Security shall
conduct a study of the role of foreign nationals in the granting
or refusal of visas and other documents authorizing entry of
aliens into the United States. The study shall address the
following:
(A) The proper role, if any, of foreign nationals in
the process of rendering decisions on such grants and
refusals.
(B) Any security concerns involving the employment
of foreign nationals.
(C) Whether there are cost-effective alternatives to the
use of foreign nationals.
(2) REPORT.—Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report

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containing the findings of the study conducted under paragraph
(1) to the Committee on the Judiciary, the Committee on International Relations, and the Committee on Government Reform
of the House of Representatives, and the Committee on the
Judiciary, the Committee on Foreign Relations, and the Committee on Government Affairs of the Senate.
(h) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Science and
Technology Policy shall submit to Congress a report on how the
provisions of this section will affect procedures for the issuance
of student visas.
(i) VISA ISSUANCE PROGRAM FOR SAUDI ARABIA.—Notwithstanding any other provision of law, after the date of the enactment
of this Act all third party screening programs in Saudi Arabia
shall be terminated. On-site personnel of the Department of Homeland Security shall review all visa applications prior to adjudication.
SEC. 429. INFORMATION ON VISA DENIALS REQUIRED TO BE ENTERED
INTO ELECTRONIC DATA SYSTEM.

Deadline.

6 USC 237.

(a) IN GENERAL.—Whenever a consular officer of the United
States denies a visa to an applicant, the consular officer shall
enter the fact and the basis of the denial and the name of the
applicant into the interoperable electronic data system implemented
under section 202(a) of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (8 U.S.C. 1722(a)).
(b) PROHIBITION.—In the case of any alien with respect to
whom a visa has been denied under subsection (a)—
(1) no subsequent visa may be issued to the alien unless
the consular officer considering the alien’s visa application has
reviewed the information concerning the alien placed in the
interoperable electronic data system, has indicated on the
alien’s application that the information has been reviewed,
and has stated for the record why the visa is being issued
or a waiver of visa ineligibility recommended in spite of that
information; and
(2) the alien may not be admitted to the United States
without a visa issued in accordance with the procedures
described in paragraph (1).
SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.

6 USC 238.

(a) IN GENERAL.—The Office for Domestic Preparedness shall
be within the Directorate of Border and Transportation Security.
(b) DIRECTOR.—There shall be a Director of the Office for
Domestic Preparedness, who shall be appointed by the President,
by and with the advice and consent of the Senate. The Director
of the Office for Domestic Preparedness shall report directly to
the Under Secretary for Border and Transportation Security.
(c) RESPONSIBILITIES.—The Office for Domestic Preparedness
shall have the primary responsibility within the executive branch
of Government for the preparedness of the United States for acts
of terrorism, including—
(1) coordinating preparedness efforts at the Federal level,
and working with all State, local, tribal, parish, and private
sector emergency response providers on all matters pertaining
to combating terrorism, including training, exercises, and equipment support;

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(2) coordinating or, as appropriate, consolidating communications and systems of communications relating to homeland
security at all levels of government;
(3) directing and supervising terrorism preparedness grant
programs of the Federal Government (other than those programs administered by the Department of Health and Human
Services) for all emergency response providers;
(4) incorporating the Strategy priorities into planning guidance on an agency level for the preparedness efforts of the
Office for Domestic Preparedness;
(5) providing agency-specific training for agents and
analysts within the Department, other agencies, and State and
local agencies and international entities;
(6) as the lead executive branch agency for preparedness
of the United States for acts of terrorism, cooperating closely
with the Federal Emergency Management Agency, which shall
have the primary responsibility within the executive branch
to prepare for and mitigate the effects of nonterrorist-related
disasters in the United States;
(7) assisting and supporting the Secretary, in coordination
with other Directorates and entities outside the Department,
in conducting appropriate risk analysis and risk management
activities of State, local, and tribal governments consistent
with the mission and functions of the Directorate; and
(8) those elements of the Office of National Preparedness
of the Federal Emergency Management Agency which relate
to terrorism, which shall be consolidated within the Department
in the Office for Domestic Preparedness established under this
section.
(d) FISCAL YEARS 2003 and 2004.—During fiscal year 2003
and fiscal year 2004, the Director of the Office for Domestic
Preparedness established under this section shall manage and carry
out those functions of the Office for Domestic Preparedness of
the Department of Justice (transferred under this section) before
September 11, 2001, under the same terms, conditions, policies,
and authorities, and with the required level of personnel, assets,
and budget before September 11, 2001.

Subtitle D—Immigration Enforcement
Functions
6 USC 251.

SEC. 441. TRANSFER OF FUNCTIONS TO UNDER SECRETARY FOR
BORDER AND TRANSPORTATION SECURITY.

In accordance with title XV (relating to transition provisions),
there shall be transferred from the Commissioner of Immigration
and Naturalization to the Under Secretary for Border and Transportation Security all functions performed under the following programs, and all personnel, assets, and liabilities pertaining to such
programs, immediately before such transfer occurs:
(1) The Border Patrol program.
(2) The detention and removal program.
(3) The intelligence program.
(4) The investigations program.
(5) The inspections program.

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SEC. 442. ESTABLISHMENT OF BUREAU OF BORDER SECURITY.

(a) ESTABLISHMENT OF BUREAU.—
(1) IN GENERAL.—There shall be in the Department of
Homeland Security a bureau to be known as the ‘‘Bureau
of Border Security’’.
(2) ASSISTANT SECRETARY.—The head of the Bureau of
Border Security shall be the Assistant Secretary of the Bureau
of Border Security, who—
(A) shall report directly to the Under Secretary for
Border and Transportation Security; and
(B) shall have a minimum of 5 years professional
experience in law enforcement, and a minimum of 5 years
of management experience.
(3) FUNCTIONS.—The Assistant Secretary of the Bureau
of Border Security—
(A) shall establish the policies for performing such
functions as are—
(i) transferred to the Under Secretary for Border
and Transportation Security by section 441 and delegated to the Assistant Secretary by the Under Secretary for Border and Transportation Security; or
(ii) otherwise vested in the Assistant Secretary
by law;
(B) shall oversee the administration of such policies;
and
(C) shall advise the Under Secretary for Border and
Transportation Security with respect to any policy or operation of the Bureau of Border Security that may affect
the Bureau of Citizenship and Immigration Services established under subtitle E, including potentially conflicting
policies or operations.
(4) PROGRAM TO COLLECT INFORMATION RELATING TO FOREIGN STUDENTS.—The Assistant Secretary of the Bureau of
Border Security shall be responsible for administering the program to collect information relating to nonimmigrant foreign
students and other exchange program participants described
in section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), including the Student and Exchange Visitor Information System established
under that section, and shall use such information to carry
out the enforcement functions of the Bureau.
(5) MANAGERIAL ROTATION PROGRAM.—
(A) IN GENERAL.—Not later than 1 year after the date
on which the transfer of functions specified under section
441 takes effect, the Assistant Secretary of the Bureau
of Border Security shall design and implement a managerial rotation program under which employees of such
bureau holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter
51 of title 5, United States Code, as a GS–14 or above,
shall—
(i) gain some experience in all the major functions
performed by such bureau; and
(ii) work in at least one local office of such bureau.
(B) REPORT.—Not later than 2 years after the date
on which the transfer of functions specified under section

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Deadline.

Deadline.

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441 takes effect, the Secretary shall submit a report to
the Congress on the implementation of such program.
(b) CHIEF OF POLICY AND STRATEGY.—
(1) IN GENERAL.—There shall be a position of Chief of
Policy and Strategy for the Bureau of Border Security.
(2) FUNCTIONS.—In consultation with Bureau of Border
Security personnel in local offices, the Chief of Policy and
Strategy shall be responsible for—
(A) making policy recommendations and performing
policy research and analysis on immigration enforcement
issues; and
(B) coordinating immigration policy issues with the
Chief of Policy and Strategy for the Bureau of Citizenship
and Immigration Services (established under subtitle E),
as appropriate.
(c) LEGAL ADVISOR.—There shall be a principal legal advisor
to the Assistant Secretary of the Bureau of Border Security. The
legal advisor shall provide specialized legal advice to the Assistant
Secretary of the Bureau of Border Security and shall represent
the bureau in all exclusion, deportation, and removal proceedings
before the Executive Office for Immigration Review.
6 USC 253.

SEC. 443. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.

The Under Secretary for Border and Transportation Security
shall be responsible for—
(1) conducting investigations of noncriminal allegations of
misconduct, corruption, and fraud involving any employee of
the Bureau of Border Security that are not subject to investigation by the Inspector General for the Department;
(2) inspecting the operations of the Bureau of Border Security and providing assessments of the quality of the operations
of such bureau as a whole and each of its components; and
(3) providing an analysis of the management of the Bureau
of Border Security.
6 USC 254.

SEC. 444. EMPLOYEE DISCIPLINE.

The Under Secretary for Border and Transportation Security
may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies and procedures applicable to employees of the Federal Bureau
of Investigation, on any employee of the Bureau of Border Security
who willfully deceives the Congress or agency leadership on any
matter.

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6 USC 255.

SEC. 445. REPORT ON IMPROVING ENFORCEMENT FUNCTIONS.

Deadline.

(a) IN GENERAL.—The Secretary, not later than 1 year after
being sworn into office, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and
of the Senate a report with a plan detailing how the Bureau
of Border Security, after the transfer of functions specified under
section 441 takes effect, will enforce comprehensively, effectively,
and fairly all the enforcement provisions of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) relating to such functions.
(b) CONSULTATION.—In carrying out subsection (a), the Secretary of Homeland Security shall consult with the Attorney General, the Secretary of State, the Director of the Federal Bureau
of Investigation, the Secretary of the Treasury, the Secretary of
Labor, the Commissioner of Social Security, the Director of the

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Executive Office for Immigration Review, and the heads of State
and local law enforcement agencies to determine how to most effectively conduct enforcement operations.
SEC. 446. SENSE OF CONGRESS REGARDING CONSTRUCTION OF
FENCING NEAR SAN DIEGO, CALIFORNIA.

6 USC 256.

It is the sense of the Congress that completing the 14-mile
border fence project required to be carried out under section 102(b)
of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1103 note) should be a priority for the
Secretary.

Subtitle E—Citizenship and Immigration
Services
SEC. 451. ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES.

(a) ESTABLISHMENT OF BUREAU.—
(1) IN GENERAL.—There shall be in the Department a
bureau to be known as the ‘‘Bureau of Citizenship and Immigration Services’’.
(2) DIRECTOR.—The head of the Bureau of Citizenship and
Immigration Services shall be the Director of the Bureau of
Citizenship and Immigration Services, who—
(A) shall report directly to the Deputy Secretary;
(B) shall have a minimum of 5 years of management
experience; and
(C) shall be paid at the same level as the Assistant
Secretary of the Bureau of Border Security.
(3) FUNCTIONS.—The Director of the Bureau of Citizenship
and Immigration Services—
(A) shall establish the policies for performing such
functions as are transferred to the Director by this section
or this Act or otherwise vested in the Director by law;
(B) shall oversee the administration of such policies;
(C) shall advise the Deputy Secretary with respect
to any policy or operation of the Bureau of Citizenship
and Immigration Services that may affect the Bureau of
Border Security of the Department, including potentially
conflicting policies or operations;
(D) shall establish national immigration services policies and priorities;
(E) shall meet regularly with the Ombudsman
described in section 452 to correct serious service problems
identified by the Ombudsman; and
(F) shall establish procedures requiring a formal
response to any recommendations submitted in the
Ombudsman’s annual report to Congress within 3 months
after its submission to Congress.
(4) MANAGERIAL ROTATION PROGRAM.—
(A) IN GENERAL.—Not later than 1 year after the effective date specified in section 455, the Director of the Bureau
of Citizenship and Immigration Services shall design and
implement a managerial rotation program under which

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employees of such bureau holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, United States Code, as
a GS–14 or above, shall—
(i) gain some experience in all the major functions
performed by such bureau; and
(ii) work in at least one field office and one service
center of such bureau.
(B) REPORT.—Not later than 2 years after the effective
date specified in section 455, the Secretary shall submit
a report to Congress on the implementation of such program.
(5) PILOT INITIATIVES FOR BACKLOG ELIMINATION.—The
Director of the Bureau of Citizenship and Immigration Services
is authorized to implement innovative pilot initiatives to eliminate any remaining backlog in the processing of immigration
benefit applications, and to prevent any backlog in the processing of such applications from recurring, in accordance with
section 204(a) of the Immigration Services and Infrastructure
Improvements Act of 2000 (8 U.S.C. 1573(a)). Such initiatives
may include measures such as increasing personnel, transferring personnel to focus on areas with the largest potential
for backlog, and streamlining paperwork.
(b) TRANSFER OF FUNCTIONS FROM COMMISSIONER.—In accordance with title XV (relating to transition provisions), there are
transferred from the Commissioner of Immigration and Naturalization to the Director of the Bureau of Citizenship and Immigration
Services the following functions, and all personnel, infrastructure,
and funding provided to the Commissioner in support of such functions immediately before the effective date specified in section 455:
(1) Adjudications of immigrant visa petitions.
(2) Adjudications of naturalization petitions.
(3) Adjudications of asylum and refugee applications.
(4) Adjudications performed at service centers.
(5) All other adjudications performed by the Immigration
and Naturalization Service immediately before the effective
date specified in section 455.
(c) CHIEF OF POLICY AND STRATEGY.—
(1) IN GENERAL.—There shall be a position of Chief of
Policy and Strategy for the Bureau of Citizenship and Immigration Services.
(2) FUNCTIONS.—In consultation with Bureau of Citizenship
and Immigration Services personnel in field offices, the Chief
of Policy and Strategy shall be responsible for—
(A) making policy recommendations and performing
policy research and analysis on immigration services issues;
and
(B) coordinating immigration policy issues with the
Chief of Policy and Strategy for the Bureau of Border
Security of the Department.
(d) LEGAL ADVISOR.—
(1) IN GENERAL.—There shall be a principal legal advisor
to the Director of the Bureau of Citizenship and Immigration
Services.
(2) FUNCTIONS.—The legal advisor shall be responsible
for—

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(A) providing specialized legal advice, opinions, determinations, regulations, and any other assistance to the
Director of the Bureau of Citizenship and Immigration
Services with respect to legal matters affecting the Bureau
of Citizenship and Immigration Services; and
(B) representing the Bureau of Citizenship and
Immigration Services in visa petition appeal proceedings
before the Executive Office for Immigration Review.
(e) BUDGET OFFICER.—
(1) IN GENERAL.—There shall be a Budget Officer for the
Bureau of Citizenship and Immigration Services.
(2) FUNCTIONS.—
(A) IN GENERAL.—The Budget Officer shall be responsible for—
(i) formulating and executing the budget of the
Bureau of Citizenship and Immigration Services;
(ii) financial management of the Bureau of Citizenship and Immigration Services; and
(iii) collecting all payments, fines, and other debts
for the Bureau of Citizenship and Immigration Services.
(f) CHIEF OF OFFICE OF CITIZENSHIP.—
(1) IN GENERAL.—There shall be a position of Chief of
the Office of Citizenship for the Bureau of Citizenship and
Immigration Services.
(2) FUNCTIONS.—The Chief of the Office of Citizenship for
the Bureau of Citizenship and Immigration Services shall be
responsible for promoting instruction and training on citizenship responsibilities for aliens interested in becoming naturalized citizens of the United States, including the development
of educational materials.
SEC. 452. CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN.

(a) IN GENERAL.—Within the Department, there shall be a
position of Citizenship and Immigration Services Ombudsman (in
this section referred to as the ‘‘Ombudsman’’). The Ombudsman
shall report directly to the Deputy Secretary. The Ombudsman
shall have a background in customer service as well as immigration
law.
(b) FUNCTIONS.—It shall be the function of the Ombudsman—
(1) to assist individuals and employers in resolving problems with the Bureau of Citizenship and Immigration Services;
(2) to identify areas in which individuals and employers
have problems in dealing with the Bureau of Citizenship and
Immigration Services; and
(3) to the extent possible, to propose changes in the
administrative practices of the Bureau of Citizenship and
Immigration Services to mitigate problems identified under
paragraph (2).
(c) ANNUAL REPORTS.—
(1) OBJECTIVES.—Not later than June 30 of each calendar
year, the Ombudsman shall report to the Committee on the
Judiciary of the House of Representatives and the Senate on
the objectives of the Office of the Ombudsman for the fiscal
year beginning in such calendar year. Any such report shall
contain full and substantive analysis, in addition to statistical
information, and—

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(A) shall identify the recommendations the Office of
the Ombudsman has made on improving services and
responsiveness of the Bureau of Citizenship and Immigration Services;
(B) shall contain a summary of the most pervasive
and serious problems encountered by individuals and
employers, including a description of the nature of such
problems;
(C) shall contain an inventory of the items described
in subparagraphs (A) and (B) for which action has been
taken and the result of such action;
(D) shall contain an inventory of the items described
in subparagraphs (A) and (B) for which action remains
to be completed and the period during which each item
has remained on such inventory;
(E) shall contain an inventory of the items described
in subparagraphs (A) and (B) for which no action has
been taken, the period during which each item has
remained on such inventory, the reasons for the inaction,
and shall identify any official of the Bureau of Citizenship
and Immigration Services who is responsible for such inaction;
(F) shall contain recommendations for such administrative action as may be appropriate to resolve problems
encountered by individuals and employers, including problems created by excessive backlogs in the adjudication and
processing of immigration benefit petitions and applications; and
(G) shall include such other information as the
Ombudsman may deem advisable.
(2) REPORT TO BE SUBMITTED DIRECTLY.—Each report
required under this subsection shall be provided directly to
the committees described in paragraph (1) without any prior
comment or amendment from the Secretary, Deputy Secretary,
Director of the Bureau of Citizenship and Immigration Services,
or any other officer or employee of the Department or the
Office of Management and Budget.
(d) OTHER RESPONSIBILITIES.—The Ombudsman—
(1) shall monitor the coverage and geographic allocation
of local offices of the Ombudsman;
(2) shall develop guidance to be distributed to all officers
and employees of the Bureau of Citizenship and Immigration
Services outlining the criteria for referral of inquiries to local
offices of the Ombudsman;
(3) shall ensure that the local telephone number for each
local office of the Ombudsman is published and available to
individuals and employers served by the office; and
(4) shall meet regularly with the Director of the Bureau
of Citizenship and Immigration Services to identify serious
service problems and to present recommendations for such
administrative action as may be appropriate to resolve problems
encountered by individuals and employers.
(e) PERSONNEL ACTIONS.—
(1) IN GENERAL.—The Ombudsman shall have the responsibility and authority—
(A) to appoint local ombudsmen and make available
at least 1 such ombudsman for each State; and

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(B) to evaluate and take personnel actions (including
dismissal) with respect to any employee of any local office
of the Ombudsman.
(2) CONSULTATION.—The Ombudsman may consult with
the appropriate supervisory personnel of the Bureau of Citizenship and Immigration Services in carrying out the Ombudsman’s responsibilities under this subsection.
(f) RESPONSIBILITIES OF BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES.—The Director of the Bureau of Citizenship and
Immigration Services shall establish procedures requiring a formal
response to all recommendations submitted to such director by
the Ombudsman within 3 months after submission to such director.
(g) OPERATION OF LOCAL OFFICES.—
(1) IN GENERAL.—Each local ombudsman—
(A) shall report to the Ombudsman or the delegate
thereof;
(B) may consult with the appropriate supervisory personnel of the Bureau of Citizenship and Immigration Services regarding the daily operation of the local office of
such ombudsman;
(C) shall, at the initial meeting with any individual
or employer seeking the assistance of such local office,
notify such individual or employer that the local offices
of the Ombudsman operate independently of any other
component of the Department and report directly to Congress through the Ombudsman; and
(D) at the local ombudsman’s discretion, may determine
not to disclose to the Bureau of Citizenship and Immigration Services contact with, or information provided by, such
individual or employer.
(2) MAINTENANCE OF INDEPENDENT COMMUNICATIONS.—
Each local office of the Ombudsman shall maintain a phone,
facsimile, and other means of electronic communication access,
and a post office address, that is separate from those maintained by the Bureau of Citizenship and Immigration Services,
or any component of the Bureau of Citizenship and Immigration
Services.
SEC. 453. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.

6 USC 273.

(a) IN GENERAL.—The Director of the Bureau of Citizenship
and Immigration Services shall be responsible for—
(1) conducting investigations of noncriminal allegations of
misconduct, corruption, and fraud involving any employee of
the Bureau of Citizenship and Immigration Services that are
not subject to investigation by the Inspector General for the
Department;
(2) inspecting the operations of the Bureau of Citizenship
and Immigration Services and providing assessments of the
quality of the operations of such bureau as a whole and each
of its components; and
(3) providing an analysis of the management of the Bureau
of Citizenship and Immigration Services.
(b) SPECIAL CONSIDERATIONS.—In providing assessments in
accordance with subsection (a)(2) with respect to a decision of
the Bureau of Citizenship and Immigration Services, or any of
its components, consideration shall be given to—

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(1) the accuracy of the findings of fact and conclusions
of law used in rendering the decision;
(2) any fraud or misrepresentation associated with the
decision; and
(3) the efficiency with which the decision was rendered.

SEC. 454. EMPLOYEE DISCIPLINE.

6 USC 274.

The Director of the Bureau of Citizenship and Immigration
Services may, notwithstanding any other provision of law, impose
disciplinary action, including termination of employment, pursuant
to policies and procedures applicable to employees of the Federal
Bureau of Investigation, on any employee of the Bureau of Citizenship and Immigration Services who willfully deceives Congress
or agency leadership on any matter.
6 USC 271 note.

SEC. 455. EFFECTIVE DATE.

Notwithstanding section 4, sections 451 through 456, and the
amendments made by such sections, shall take effect on the date
on which the transfer of functions specified under section 441
takes effect.
6 USC 275.

SEC. 456. TRANSITION.

(a) REFERENCES.—With respect to any function transferred by
this subtitle to, and exercised on or after the effective date specified
in section 455 by, the Director of the Bureau of Citizenship and
Immigration Services, any reference in any other Federal law,
Executive order, rule, regulation, or delegation of authority, or
any document of or pertaining to a component of government from
which such function is transferred—
(1) to the head of such component is deemed to refer
to the Director of the Bureau of Citizenship and Immigration
Services; or
(2) to such component is deemed to refer to the Bureau
of Citizenship and Immigration Services.
(b) OTHER TRANSITION ISSUES.—
(1) EXERCISE OF AUTHORITIES.—Except as otherwise provided by law, a Federal official to whom a function is transferred by this subtitle may, for purposes of performing the
function, exercise all authorities under any other provision
of law that were available with respect to the performance
of that function to the official responsible for the performance
of the function immediately before the effective date specified
in section 455.
(2) TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.—The personnel of the Department of Justice employed
in connection with the functions transferred by this subtitle
(and functions that the Secretary determines are properly
related to the functions of the Bureau of Citizenship and
Immigration Services), and the assets, liabilities, contracts,
property, records, and unexpended balance of appropriations,
authorizations, allocations, and other funds employed, held,
used, arising from, available to, or to be made available to,
the Immigration and Naturalization Service in connection with
the functions transferred by this subtitle, subject to section
202 of the Budget and Accounting Procedures Act of 1950,
shall be transferred to the Director of the Bureau of Citizenship
and Immigration Services for allocation to the appropriate
component of the Department. Unexpended funds transferred

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pursuant to this paragraph shall be used only for the purposes
for which the funds were originally authorized and appropriated. The Secretary shall have the right to adjust or realign
transfers of funds and personnel effected pursuant to this subtitle for a period of 2 years after the effective date specified
in section 455.
SEC. 457. FUNDING FOR CITIZENSHIP AND IMMIGRATION SERVICES.

Section 286(m) of the Immigration and Nationality Act (8 U.S.C.
1356(m)) is amended by striking ‘‘services, including the costs of
similar services provided without charge to asylum applicants or
other immigrants.’’ and inserting ‘‘services.’’.
SEC. 458. BACKLOG ELIMINATION.

Section 204(a)(1) of the Immigration Services and Infrastructure Improvements Act of 2000 (8 U.S.C. 1573(a)(1)) is amended
by striking ‘‘not later than one year after the date of enactment
of this Act;’’ and inserting ‘‘1 year after the date of the enactment
of the Homeland Security Act of 2002;’’.

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SEC. 459. REPORT ON IMPROVING IMMIGRATION SERVICES.

6 USC 276.

(a) IN GENERAL.—The Secretary, not later than 1 year after
the effective date of this Act, shall submit to the Committees
on the Judiciary and Appropriations of the House of Representatives
and of the Senate a report with a plan detailing how the Bureau
of Citizenship and Immigration Services, after the transfer of functions specified in this subtitle takes effect, will complete efficiently,
fairly, and within a reasonable time, the adjudications described
in paragraphs (1) through (5) of section 451(b).
(b) CONTENTS.—For each type of adjudication to be undertaken
by the Director of the Bureau of Citizenship and Immigration
Services, the report shall include the following:
(1) Any potential savings of resources that may be implemented without affecting the quality of the adjudication.
(2) The goal for processing time with respect to the application.
(3) Any statutory modifications with respect to the adjudication that the Secretary considers advisable.
(c) CONSULTATION.—In carrying out subsection (a), the Secretary shall consult with the Secretary of State, the Secretary
of Labor, the Assistant Secretary of the Bureau of Border Security
of the Department, and the Director of the Executive Office for
Immigration Review to determine how to streamline and improve
the process for applying for and making adjudications described
in section 451(b) and related processes.

Deadline.

SEC. 460. REPORT ON RESPONDING TO FLUCTUATING NEEDS.

6 USC 277.

Not later than 30 days after the date of the enactment of
this Act, the Attorney General shall submit to Congress a report
on changes in law, including changes in authorizations of appropriations and in appropriations, that are needed to permit the Immigration and Naturalization Service, and, after the transfer of functions
specified in this subtitle takes effect, the Bureau of Citizenship
and Immigration Services of the Department, to ensure a prompt
and timely response to emergent, unforeseen, or impending changes
in the number of applications for immigration benefits, and otherwise to ensure the accommodation of changing immigration service
needs.

Deadline.

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6 USC 278.

SEC. 461. APPLICATION OF INTERNET-BASED TECHNOLOGIES.

Deadline.

(a) ESTABLISHMENT OF TRACKING SYSTEM.—The Secretary, not
later than 1 year after the effective date of this Act, in consultation
with the Technology Advisory Committee established under subsection (c), shall establish an Internet-based system, that will permit
a person, employer, immigrant, or nonimmigrant who has filings
with the Secretary for any benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), access to online information
about the processing status of the filing involved.
(b) FEASIBILITY STUDY FOR ONLINE FILING AND IMPROVED PROCESSING.—
(1) ONLINE FILING.—The Secretary, in consultation with
the Technology Advisory Committee established under subsection (c), shall conduct a feasibility study on the online filing
of the filings described in subsection (a). The study shall include
a review of computerization and technology of the Immigration
and Naturalization Service relating to the immigration services
and processing of filings related to immigrant services. The
study shall also include an estimate of the timeframe and
cost and shall consider other factors in implementing such
a filing system, including the feasibility of fee payment online.
(2) REPORT.—A report on the study under this subsection
shall be submitted to the Committees on the Judiciary of the
House of Representatives and the Senate not later than 1
year after the effective date of this Act.
(c) TECHNOLOGY ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—The Secretary shall establish, not
later than 60 days after the effective date of this Act, an
advisory committee (in this section referred to as the ‘‘Technology Advisory Committee’’) to assist the Secretary in—
(A) establishing the tracking system under subsection
(a); and
(B) conducting the study under subsection (b).
The Technology Advisory Committee shall be established after
consultation with the Committees on the Judiciary of the House
of Representatives and the Senate.
(2) COMPOSITION.—The Technology Advisory Committee
shall be composed of representatives from high technology
companies capable of establishing and implementing the system
in an expeditious manner, and representatives of persons who
may use the tracking system described in subsection (a) and
the online filing system described in subsection (b)(1).

Deadline.

Deadline.

6 USC 279.

SEC. 462. CHILDREN’S AFFAIRS.

(a) TRANSFER OF FUNCTIONS.—There are transferred to the
Director of the Office of Refugee Resettlement of the Department
of Health and Human Services functions under the immigration
laws of the United States with respect to the care of unaccompanied
alien children that were vested by statute in, or performed by,
the Commissioner of Immigration and Naturalization (or any officer,
employee, or component of the Immigration and Naturalization
Service) immediately before the effective date specified in subsection
(d).
(b) FUNCTIONS.—
(1) IN GENERAL.—Pursuant to the transfer made by subsection (a), the Director of the Office of Refugee Resettlement
shall be responsible for—

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(A) coordinating and implementing the care and placement of unaccompanied alien children who are in Federal
custody by reason of their immigration status, including
developing a plan to be submitted to Congress on how
to ensure that qualified and independent legal counsel
is timely appointed to represent the interests of each such
child, consistent with the law regarding appointment of
counsel that is in effect on the date of the enactment
of this Act;
(B) ensuring that the interests of the child are considered in decisions and actions relating to the care and
custody of an unaccompanied alien child;
(C) making placement determinations for all unaccompanied alien children who are in Federal custody by reason
of their immigration status;
(D) implementing the placement determinations;
(E) implementing policies with respect to the care and
placement of unaccompanied alien children;
(F) identifying a sufficient number of qualified individuals, entities, and facilities to house unaccompanied alien
children;
(G) overseeing the infrastructure and personnel of
facilities in which unaccompanied alien children reside;
(H) reuniting unaccompanied alien children with a
parent abroad in appropriate cases;
(I) compiling, updating, and publishing at least
annually a state-by-state list of professionals or other entities qualified to provide guardian and attorney representation services for unaccompanied alien children;
(J) maintaining statistical information and other data
on unaccompanied alien children for whose care and placement the Director is responsible, which shall include—
(i) biographical information, such as a child’s
name, gender, date of birth, country of birth, and
country of habitual residence;
(ii) the date on which the child came into Federal
custody by reason of his or her immigration status;
(iii) information relating to the child’s placement,
removal, or release from each facility in which the
child has resided;
(iv) in any case in which the child is placed in
detention or released, an explanation relating to the
detention or release; and
(v) the disposition of any actions in which the
child is the subject;
(K) collecting and compiling statistical information
from the Department of Justice, the Department of Homeland Security, and the Department of State on each department’s actions relating to unaccompanied alien children;
and
(L) conducting investigations and inspections of facilities and other entities in which unaccompanied alien children reside.
(2) COORDINATION WITH OTHER ENTITIES; NO RELEASE ON
OWN RECOGNIZANCE.—In making determinations described in
paragraph (1)(C), the Director of the Office of Refugee
Resettlement—

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(A) shall consult with appropriate juvenile justice
professionals, the Director of the Bureau of Citizenship
and Immigration Services, and the Assistant Secretary of
the Bureau of Border Security to ensure that such determinations ensure that unaccompanied alien children
described in such subparagraph—
(i) are likely to appear for all hearings or proceedings in which they are involved;
(ii) are protected from smugglers, traffickers, or
others who might seek to victimize or otherwise engage
them in criminal, harmful, or exploitive activity; and
(iii) are placed in a setting in which they are
not likely to pose a danger to themselves or others;
and
(B) shall not release such children upon their own
recognizance.
(3) DUTIES WITH RESPECT TO FOSTER CARE.—In carrying
out the duties described in paragraph (1)(G), the Director of
the Office of Refugee Resettlement is encouraged to use the
refugee children foster care system established pursuant to
section 412(d) of the Immigration and Nationality Act (8 U.S.C.
1522(d)) for the placement of unaccompanied alien children.
(c) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to transfer the responsibility for adjudicating benefit
determinations under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) from the authority of any official of the Department of Justice, the Department of Homeland Security, or the
Department of State.
(d) EFFECTIVE DATE.—Notwithstanding section 4, this section
shall take effect on the date on which the transfer of functions
specified under section 441 takes effect.
(e) REFERENCES.—With respect to any function transferred by
this section, any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document
of or pertaining to a component of government from which such
function is transferred—
(1) to the head of such component is deemed to refer
to the Director of the Office of Refugee Resettlement; or
(2) to such component is deemed to refer to the Office
of Refugee Resettlement of the Department of Health and
Human Services.
(f) OTHER TRANSITION ISSUES.—
(1) EXERCISE OF AUTHORITIES.—Except as otherwise provided by law, a Federal official to whom a function is transferred by this section may, for purposes of performing the
function, exercise all authorities under any other provision
of law that were available with respect to the performance
of that function to the official responsible for the performance
of the function immediately before the effective date specified
in subsection (d).
(2) SAVINGS PROVISIONS.—Subsections (a), (b), and (c) of
section 1512 shall apply to a transfer of functions under this
section in the same manner as such provisions apply to a
transfer of functions under this Act to the Department of Homeland Security.
(3) TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.—The personnel of the Department of Justice employed

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in connection with the functions transferred by this section,
and the assets, liabilities, contracts, property, records, and
unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available to, the Immigration and Naturalization Service in connection with the functions transferred
by this section, subject to section 202 of the Budget and
Accounting Procedures Act of 1950, shall be transferred to
the Director of the Office of Refugee Resettlement for allocation
to the appropriate component of the Department of Health
and Human Services. Unexpended funds transferred pursuant
to this paragraph shall be used only for the purposes for which
the funds were originally authorized and appropriated.
(g) DEFINITIONS.—As used in this section—
(1) the term ‘‘placement’’ means the placement of an
unaccompanied alien child in either a detention facility or an
alternative to such a facility; and
(2) the term ‘‘unaccompanied alien child’’ means a child
who—
(A) has no lawful immigration status in the United
States;
(B) has not attained 18 years of age; and
(C) with respect to whom—
(i) there is no parent or legal guardian in the
United States; or
(ii) no parent or legal guardian in the United
States is available to provide care and physical custody.

Subtitle F—General Immigration
Provisions
SEC. 471. ABOLISHMENT OF INS.

6 USC 291.

(a) IN GENERAL.—Upon completion of all transfers from the
Immigration and Naturalization Service as provided for by this
Act, the Immigration and Naturalization Service of the Department
of Justice is abolished.
(b) PROHIBITION.—The authority provided by section 1502 may
be used to reorganize functions or organizational units within the
Bureau of Border Security or the Bureau of Citizenship and
Immigration Services, but may not be used to recombine the two
bureaus into a single agency or otherwise to combine, join, or
consolidate functions or organizational units of the two bureaus
with each other.
SEC. 472. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

6 USC 292.

(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—

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(A) the Immigration and Naturalization Service;
(B) the Bureau of Border Security of the Department
of Homeland Security; and
(C) the Bureau of Citizenship and Immigration Services of the Department of Homeland Security; and
(3) the term ‘‘transfer date’’ means the date on which
the transfer of functions specified under section 441 takes effect.
(b) STRATEGIC RESTRUCTURING PLAN.—Before the Attorney
General or the Secretary obligates any resources for voluntary
separation incentive payments under this section, such official shall
submit to the appropriate committees of Congress a strategic
restructuring plan, which shall include—
(1) an organizational chart depicting the covered entities
after their restructuring pursuant to this Act;
(2) a summary description of how the authority under
this section will be used to help carry out that restructuring;
and
(3) the information specified in section 663(b)(2) of Public
Law 104–208 (5 U.S.C. 5597 note).
As used in the preceding sentence, the ‘‘appropriate committees
of Congress’’ are the Committees on Appropriations, Government
Reform, and the Judiciary of the House of Representatives, and
the Committees on Appropriations, Governmental Affairs, and the
Judiciary of the Senate.
(c) AUTHORITY.—The Attorney General and the Secretary may,
to the extent necessary to help carry out their respective strategic
restructuring plan described in subsection (b), make voluntary separation incentive payments to employees. Any such payment—
(1) shall be paid to the employee, in a lump sum, after
the employee has separated from service;
(2) shall be paid from appropriations or funds available
for the payment of basic pay of the employee;
(3) shall be equal to the lesser of—
(A) the amount the employee would be entitled to
receive under section 5595(c) of title 5, United States Code;
or
(B) an amount not to exceed $25,000, as determined
by the Attorney General or the Secretary;
(4) may not be made except in the case of any qualifying
employee who voluntarily separates (whether by retirement
or resignation) before the end of—
(A) the 3-month period beginning on the date on which
such payment is offered or made available to such
employee; or
(B) the 3-year period beginning on the date of the
enactment of this Act,
whichever occurs first;
(5) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit; and
(6) shall not be taken into account in determining the
amount of any severance pay to which the employee may be
entitled under section 5595 of title 5, United States Code,
based on any other separation.
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT
FUND.—

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(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 fulltime basis, with appropriate adjustment therefor.
(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT.—An individual who receives a voluntary separation incentive
payment under this section and who, within 5 years after the
date of the separation on which the payment is based, accepts
any compensated employment with the Government or works for
any agency of the Government through a personal services contract,
shall be required to pay, prior to the individual’s first day of
employment, the entire amount of the incentive payment. Such
payment shall be made to the covered entity from which the individual separated or, if made on or after the transfer date, to
the Deputy Secretary or the Under Secretary for Border and
Transportation Security (for transfer to the appropriate component
of the Department of Homeland Security, if necessary).
(f) EFFECT ON EMPLOYMENT LEVELS.—
(1) INTENDED EFFECT.—Voluntary separations under this
section are not intended to necessarily reduce the total number
of full-time equivalent positions in any covered entity.
(2) USE OF VOLUNTARY SEPARATIONS.—A covered entity may
redeploy or use the full-time equivalent positions vacated by

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PUBLIC LAW 107–296—NOV. 25, 2002
voluntary separations under this section to make other positions available to more critical locations or more critical occupations.

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6 USC 293.

SEC. 473. AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT
RELATING TO DISCIPLINARY ACTION.

Deadline.

(a) IN GENERAL.—The Attorney General and the Secretary may
each, during a period ending not later than 5 years after the
date of the enactment of this Act, conduct a demonstration project
for the purpose of determining whether one or more changes in
the policies or procedures relating to methods for disciplining
employees would result in improved personnel management.
(b) SCOPE.—A demonstration project under this section—
(1) may not cover any employees apart from those employed
in or under a covered entity; and
(2) shall not be limited by any provision of chapter 43,
75, or 77 of title 5, United States Code.
(c) PROCEDURES.—Under the demonstration project—
(1) the use of alternative means of dispute resolution (as
defined in section 571 of title 5, United States Code) shall
be encouraged, whenever appropriate; and
(2) each covered entity under the jurisdiction of the official
conducting the project shall be required to provide for the
expeditious, fair, and independent review of any action to which
section 4303 or subchapter II of chapter 75 of such title 5
would otherwise apply (except an action described in section
7512(5) of such title 5).
(d) ACTIONS INVOLVING DISCRIMINATION.—Notwithstanding any
other provision of this section, if, in the case of any matter described
in section 7702(a)(1)(B) of title 5, United States Code, there is
no judicially reviewable action under the demonstration project
within 120 days after the filing of an appeal or other formal request
for review (referred to in subsection (c)(2)), an employee shall be
entitled to file a civil action to the same extent and in the same
manner as provided in section 7702(e)(1) of such title 5 (in the
matter following subparagraph (C) thereof).
(e) CERTAIN EMPLOYEES.—Employees shall not be included
within any project under this section if such employees are—
(1) neither managers nor supervisors; and
(2) within a unit with respect to which a labor organization
is accorded exclusive recognition under chapter 71 of title 5,
United States Code.
Notwithstanding the preceding sentence, an aggrieved employee
within a unit (referred to in paragraph (2)) may elect to participate
in a complaint procedure developed under the demonstration project
in lieu of any negotiated grievance procedure and any statutory
procedure (as such term is used in section 7121 of such title 5).
(f) REPORTS.—The General Accounting Office shall prepare and
submit to the Committees on Government Reform and the Judiciary
of the House of Representatives and the Committees on Governmental Affairs and the Judiciary of the Senate periodic reports
on any demonstration project conducted under this section, such
reports to be submitted after the second and fourth years of its
operation. Upon request, the Attorney General or the Secretary
shall furnish such information as the General Accounting Office
may require to carry out this subsection.

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(g) DEFINITION.—In this section, the term ‘‘covered entity’’ has
the meaning given such term in section 472(a)(2).
SEC. 474. SENSE OF CONGRESS.

6 USC 294.

It is the sense of Congress that—
(1) the missions of the Bureau of Border Security and
the Bureau of Citizenship and Immigration Services are equally
important and, accordingly, they each should be adequately
funded; and
(2) the functions transferred under this subtitle should
not, after such transfers take effect, operate at levels below
those in effect prior to the enactment of this Act.
SEC. 475. DIRECTOR OF SHARED SERVICES.

6 USC 295.

(a) IN GENERAL.—Within the Office of Deputy Secretary, there
shall be a Director of Shared Services.
(b) FUNCTIONS.—The Director of Shared Services shall be
responsible for the coordination of resources for the Bureau of
Border Security and the Bureau of Citizenship and Immigration
Services, including—
(1) information resources management, including computer
databases and information technology;
(2) records and file management; and
(3) forms management.
SEC. 476. SEPARATION OF FUNDING.

6 USC 296.

(a) IN GENERAL.—There shall be established separate accounts
in the Treasury of the United States for appropriated funds and
other deposits available for the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
(b) SEPARATE BUDGETS.—To ensure that the Bureau of Citizenship and Immigration Services and the Bureau of Border Security
are funded to the extent necessary to fully carry out their respective
functions, the Director of the Office of Management and Budget
shall separate the budget requests for each such entity.
(c) FEES.—Fees imposed for a particular service, application,
or benefit shall be deposited into the account established under
subsection (a) that is for the bureau with jurisdiction over the
function to which the fee relates.
(d) FEES NOT TRANSFERABLE.—No fee may be transferred
between the Bureau of Citizenship and Immigration Services and
the Bureau of Border Security for purposes not authorized by section
286 of the Immigration and Nationality Act (8 U.S.C. 1356).

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SEC. 477. REPORTS AND IMPLEMENTATION PLANS.

6 USC 297.

(a) DIVISION OF FUNDS.—The Secretary, not later than 120
days after the effective date of this Act, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report on the proposed division and
transfer of funds, including unexpended funds, appropriations, and
fees, between the Bureau of Citizenship and Immigration Services
and the Bureau of Border Security.
(b) DIVISION OF PERSONNEL.—The Secretary, not later than
120 days after the effective date of this Act, shall submit to the
Committees on Appropriations and the Judiciary of the House of
Representatives and of the Senate a report on the proposed division
of personnel between the Bureau of Citizenship and Immigration
Services and the Bureau of Border Security.

Deadline.

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116 STAT. 2210

(c) IMPLEMENTATION PLAN.—
(1) IN GENERAL.—The Secretary, not later than 120 days
after the effective date of this Act, and every 6 months thereafter until the termination of fiscal year 2005, shall submit
to the Committees on Appropriations and the Judiciary of the
House of Representatives and of the Senate an implementation
plan to carry out this Act.
(2) CONTENTS.—The implementation plan should include
details concerning the separation of the Bureau of Citizenship
and Immigration Services and the Bureau of Border Security,
including the following:
(A) Organizational structure, including the field structure.
(B) Chain of command.
(C) Procedures for interaction among such bureaus.
(D) Fraud detection and investigation.
(E) The processing and handling of removal proceedings, including expedited removal and applications for
relief from removal.
(F) Recommendations for conforming amendments to
the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(G) Establishment of a transition team.
(H) Methods to phase in the costs of separating the
administrative support systems of the Immigration and
Naturalization Service in order to provide for separate
administrative support systems for the Bureau of Citizenship and Immigration Services and the Bureau of Border
Security.
(d) COMPTROLLER GENERAL STUDIES AND REPORTS.—
(1) STATUS REPORTS ON TRANSITION.—Not later than 18
months after the date on which the transfer of functions specified under section 441 takes effect, and every 6 months thereafter, until full implementation of this subtitle has been completed, the Comptroller General of the United States shall
submit to the Committees on Appropriations and on the
Judiciary of the House of Representatives and the Senate a
report containing the following:
(A) A determination of whether the transfers of functions made by subtitles D and E have been completed,
and if a transfer of functions has not taken place, identifying the reasons why the transfer has not taken place.
(B) If the transfers of functions made by subtitles
D and E have been completed, an identification of any
issues that have arisen due to the completed transfers.
(C) An identification of any issues that may arise due
to any future transfer of functions.
(2) REPORT ON MANAGEMENT.—Not later than 4 years after
the date on which the transfer of functions specified under
section 441 takes effect, the Comptroller General of the United
States shall submit to the Committees on Appropriations and
on the Judiciary of the House of Representatives and the Senate
a report, following a study, containing the following:
(A) Determinations of whether the transfer of functions
from the Immigration and Naturalization Service to the
Bureau of Citizenship and Immigration Services and the

Deadline.

Deadline.

Deadline.

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Bureau of Border Security have improved, with respect
to each function transferred, the following:
(i) Operations.
(ii) Management, including accountability and
communication.
(iii) Financial administration.
(iv) Recordkeeping, including information management and technology.
(B) A statement of the reasons for the determinations
under subparagraph (A).
(C) Any recommendations for further improvements
to the Bureau of Citizenship and Immigration Services
and the Bureau of Border Security.
(3) REPORT ON FEES.—Not later than 1 year after the
date of the enactment of this Act, the Comptroller General
of the United States shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate
a report examining whether the Bureau of Citizenship and
Immigration Services is likely to derive sufficient funds from
fees to carry out its functions in the absence of appropriated
funds.
SEC. 478. IMMIGRATION FUNCTIONS.

Deadline.

6 USC 298.

(a) ANNUAL REPORT.—
(1) IN GENERAL.—One year after the date of the enactment
of this Act, and each year thereafter, the Secretary shall submit
a report to the President, to the Committees on the Judiciary
and Government Reform of the House of Representatives, and
to the Committees on the Judiciary and Government Affairs
of the Senate, on the impact the transfers made by this subtitle
has had on immigration functions.
(2) MATTER INCLUDED.—The report shall address the following with respect to the period covered by the report:
(A) The aggregate number of all immigration applications and petitions received, and processed, by the Department.
(B) Region-by-region statistics on the aggregate
number of immigration applications and petitions filed by
an alien (or filed on behalf of an alien) and denied,
disaggregated by category of denial and application or petition type.
(C) The quantity of backlogged immigration applications and petitions that have been processed, the aggregate
number awaiting processing, and a detailed plan for eliminating the backlog.
(D) The average processing period for immigration
applications and petitions, disaggregated by application or
petition type.
(E) The number and types of immigration-related grievances filed with any official of the Department of Justice,
and if those grievances were resolved.
(F) Plans to address grievances and improve immigration services.
(G) Whether immigration-related fees were used consistent with legal requirements regarding such use.

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(H) Whether immigration-related questions conveyed
by customers to the Department (whether conveyed in person, by telephone, or by means of the Internet) were
answered effectively and efficiently.
(b) SENSE OF CONGRESS REGARDING IMMIGRATION SERVICES.—
It is the sense of Congress that—
(1) the quality and efficiency of immigration services rendered by the Federal Government should be improved after
the transfers made by this subtitle take effect; and
(2) the Secretary should undertake efforts to guarantee
that concerns regarding the quality and efficiency of immigration services are addressed after such effective date.

TITLE V—EMERGENCY PREPAREDNESS
AND RESPONSE
6 USC 311.

SEC. 501. UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND
RESPONSE.

There shall be in the Department a Directorate of Emergency
Preparedness and Response headed by an Under Secretary for
Emergency Preparedness and Response.
6 USC 312.

SEC. 502. RESPONSIBILITIES.

The Secretary, acting through the Under Secretary for Emergency Preparedness and Response, shall include—
(1) helping to ensure the effectiveness of emergency
response providers to terrorist attacks, major disasters, and
other emergencies;
(2) with respect to the Nuclear Incident Response Team
(regardless of whether it is operating as an organizational
unit of the Department pursuant to this title)—
(A) establishing standards and certifying when those
standards have been met;
(B) conducting joint and other exercises and training
and evaluating performance; and
(C) providing funds to the Department of Energy and
the Environmental Protection Agency, as appropriate, for
homeland security planning, exercises and training, and
equipment;
(3) providing the Federal Government’s response to terrorist attacks and major disasters, including—
(A) managing such response;
(B) directing the Domestic Emergency Support Team,
the Strategic National Stockpile, the National Disaster
Medical System, and (when operating as an organizational
unit of the Department pursuant to this title) the Nuclear
Incident Response Team;
(C) overseeing the Metropolitan Medical Response
System; and
(D) coordinating other Federal response resources in
the event of a terrorist attack or major disaster;
(4) aiding the recovery from terrorist attacks and major
disasters;
(5) building a comprehensive national incident management
system with Federal, State, and local government personnel,

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116 STAT. 2213

agencies, and authorities, to respond to such attacks and disasters;
(6) consolidating existing Federal Government emergency
response plans into a single, coordinated national response
plan; and
(7) developing comprehensive programs for developing
interoperative communications technology, and helping to
ensure that emergency response providers acquire such technology.
SEC. 503. FUNCTIONS TRANSFERRED.

6 USC 313.

In accordance with title XV, there shall be transferred to the
Secretary the functions, personnel, assets, and liabilities of the
following entities:
(1) The Federal Emergency Management Agency, including
the functions of the Director of the Federal Emergency Management Agency relating thereto.
(2) The Integrated Hazard Information System of the
National Oceanic and Atmospheric Administration, which shall
be renamed ‘‘FIRESAT’’.
(3) The National Domestic Preparedness Office of the Federal Bureau of Investigation, including the functions of the
Attorney General relating thereto.
(4) The Domestic Emergency Support Teams of the Department of Justice, including the functions of the Attorney General
relating thereto.
(5) The Office of Emergency Preparedness, the National
Disaster Medical System, and the Metropolitan Medical
Response System of the Department of Health and Human
Services, including the functions of the Secretary of Health
and Human Services and the Assistant Secretary for Public
Health Emergency Preparedness relating thereto.
(6) The Strategic National Stockpile of the Department
of Health and Human Services, including the functions of the
Secretary of Health and Human Services relating thereto.
SEC. 504. NUCLEAR INCIDENT RESPONSE.

6 USC 314.

(a) IN GENERAL.—At the direction of the Secretary (in connection with an actual or threatened terrorist attack, major disaster,
or other emergency in the United States), the Nuclear Incident
Response Team shall operate as an organizational unit of the
Department. While so operating, the Nuclear Incident Response
Team shall be subject to the direction, authority, and control of
the Secretary.
(b) RULE OF CONSTRUCTION.—Nothing in this title shall be
construed to limit the ordinary responsibility of the Secretary of
Energy and the Administrator of the Environmental Protection
Agency for organizing, training, equipping, and utilizing their
respective entities in the Nuclear Incident Response Team, or (subject to the provisions of this title) from exercising direction,
authority, and control over them when they are not operating
as a unit of the Department.
SEC. 505. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES.

6 USC 315.

(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

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emerging terrorist threats carried out by the Department of Health
and Human Services (including the Public Health Service), the
Secretary of Health and Human Services shall set priorities and
preparedness goals and further develop a coordinated strategy for
such activities in collaboration with the Secretary.
(b) EVALUATION OF PROGRESS.—In carrying out subsection (a),
the Secretary of Health and Human Services shall collaborate with
the Secretary in developing specific benchmarks and outcome
measurements for evaluating progress toward achieving the priorities and goals described in such subsection.
6 USC 316.

SEC. 506. DEFINITION.

In this title, the term ‘‘Nuclear Incident Response Team’’ means
a resource that includes—
(1) those entities of the Department of Energy that perform
nuclear or radiological emergency support functions (including
accident response, search response, advisory, and technical
operations functions), radiation exposure functions at the medical assistance facility known as the Radiation Emergency
Assistance Center/Training Site (REAC/TS), radiological assistance functions, and related functions; and
(2) those entities of the Environmental Protection Agency
that perform such support functions (including radiological
emergency response functions) and related functions.
6 USC 317.

SEC. 507. ROLE OF FEDERAL EMERGENCY MANAGEMENT AGENCY.

(a) IN GENERAL.—The functions of the Federal Emergency
Management Agency include the following:
(1) All functions and authorities prescribed by the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(2) Carrying out its mission to reduce the loss of life and
property and protect the Nation from all hazards by leading
and supporting the Nation in a comprehensive, risk-based emergency management program—
(A) of mitigation, by taking sustained actions to reduce
or eliminate long-term risk to people and property from
hazards and their effects;
(B) of planning for building the emergency management profession to prepare effectively for, mitigate against,
respond to, and recover from any hazard;
(C) of response, by conducting emergency operations
to save lives and property through positioning emergency
equipment and supplies, through evacuating potential victims, through providing food, water, shelter, and medical
care to those in need, and through restoring critical public
services;
(D) of recovery, by rebuilding communities so individuals, businesses, and governments can function on their
own, return to normal life, and protect against future hazards; and
(E) of increased efficiencies, by coordinating efforts
relating to mitigation, planning, response, and recovery.
(b) FEDERAL RESPONSE PLAN.—
(1) ROLE OF FEMA.—Notwithstanding any other provision
of this Act, the Federal Emergency Management Agency shall

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remain the lead agency for the Federal Response Plan established under Executive Order No. 12148 (44 Fed. Reg. 43239)
and Executive Order No. 12656 (53 Fed. Reg. 47491).
(2) REVISION OF RESPONSE PLAN.—Not later than 60 days
after the date of enactment of this Act, the Director of the
Federal Emergency Management Agency shall revise the Federal Response Plan to reflect the establishment of and incorporate the Department.
SEC. 508. USE OF NATIONAL PRIVATE SECTOR NETWORKS IN EMERGENCY RESPONSE.

Deadline.

6 USC 318.

To the maximum extent practicable, the Secretary shall use
national private sector networks and infrastructure for emergency
response to chemical, biological, radiological, nuclear, or explosive
disasters, and other major disasters.
SEC. 509. USE OF COMMERCIALLY AVAILABLE TECHNOLOGY, GOODS,
AND SERVICES.

6 USC 319.

It is the sense of Congress that—
(1) the Secretary should, to the maximum extent possible,
use off-the-shelf commercially developed technologies to ensure
that the Department’s information technology systems allow
the Department to collect, manage, share, analyze, and disseminate information securely over multiple channels of communication; and
(2) in order to further the policy of the United States
to avoid competing commercially with the private sector, the
Secretary should rely on commercial sources to supply the
goods and services needed by the Department.

TITLE VI—TREATMENT OF CHARITABLE
TRUSTS FOR MEMBERS OF THE
ARMED FORCES OF THE UNITED
STATES AND OTHER GOVERNMENTAL
ORGANIZATIONS
SEC. 601. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF
THE ARMED FORCES OF THE UNITED STATES AND OTHER
GOVERNMENTAL ORGANIZATIONS.

6 USC 331.

(a) FINDINGS.—Congress finds the following:
(1) Members of the Armed Forces of the United States
defend the freedom and security of our Nation.
(2) Members of the Armed Forces of the United States
have lost their lives while battling the evils of terrorism around
the world.
(3) Personnel of the Central Intelligence Agency (CIA)
charged with the responsibility of covert observation of terrorists around the world are often put in harm’s way during
their service to the United States.
(4) Personnel of the Central Intelligence Agency have also
lost their lives while battling the evils of terrorism around
the world.
(5) Employees of the Federal Bureau of Investigation (FBI)
and other Federal agencies charged with domestic protection

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of the United States put their lives at risk on a daily basis
for the freedom and security of our Nation.
(6) United States military personnel, CIA personnel, FBI
personnel, and other Federal agents in the service of the United
States are patriots of the highest order.
(7) CIA officer Johnny Micheal Spann became the first
American to give his life for his country in the War on Terrorism
declared by President George W. Bush following the terrorist
attacks of September 11, 2001.
(8) Johnny Micheal Spann left behind a wife and children
who are very proud of the heroic actions of their patriot father.
(9) Surviving dependents of members of the Armed Forces
of the United States who lose their lives as a result of terrorist
attacks or military operations abroad receive a $6,000 death
benefit, plus a small monthly benefit.
(10) The current system of compensating spouses and children of American patriots is inequitable and needs improvement.
(b) DESIGNATION OF JOHNNY MICHEAL SPANN PATRIOT
TRUSTS.—Any charitable corporation, fund, foundation, or trust (or
separate fund or account thereof) which otherwise meets all
applicable requirements under law with respect to charitable entities and meets the requirements described in subsection (c) shall
be eligible to characterize itself as a ‘‘Johnny Micheal Spann Patriot
Trust’’.
(c) REQUIREMENTS FOR THE DESIGNATION OF JOHNNY MICHEAL
SPANN PATRIOT TRUSTS.—The requirements described in this subsection are as follows:
(1) Not taking into account funds or donations reasonably
necessary to establish a trust, at least 85 percent of all funds
or donations (including any earnings on the investment of such
funds or donations) received or collected by any Johnny Micheal
Spann Patriot Trust must be distributed to (or, if placed in
a private foundation, held in trust for) surviving spouses, children, or dependent parents, grandparents, or siblings of 1 or
more of the following:
(A) members of the Armed Forces of the United States;
(B) personnel, including contractors, of elements of the
intelligence community, as defined in section 3(4) of the
National Security Act of 1947;
(C) employees of the Federal Bureau of Investigation;
and
(D) officers, employees, or contract employees of the
United States Government,
whose deaths occur in the line of duty and arise out of terrorist
attacks, military operations, intelligence operations, or law
enforcement operations or accidents connected with activities
occurring after September 11, 2001, and related to domestic
or foreign efforts to curb international terrorism, including
the Authorization for Use of Military Force (Public Law 107–
40; 115 Stat. 224).
(2) Other than funds or donations reasonably necessary
to establish a trust, not more than 15 percent of all funds
or donations (or 15 percent of annual earnings on funds invested
in a private foundation) may be used for administrative purposes.

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(3) No part of the net earnings of any Johnny Micheal
Spann Patriot Trust may inure to the benefit of any individual
based solely on the position of such individual as a shareholder,
an officer or employee of such Trust.
(4) None of the activities of any Johnny Micheal Spann
Patriot Trust shall be conducted in a manner inconsistent with
any law that prohibits attempting to influence legislation.
(5) No Johnny Micheal Spann Patriot Trust may participate
in or intervene in any political campaign on behalf of (or in
opposition to) any candidate for public office, including by
publication or distribution of statements.
(6) Each Johnny Micheal Spann Patriot Trust shall comply
with the instructions and directions of the Director of Central
Intelligence, the Attorney General, or the Secretary of Defense
relating to the protection of intelligence sources and methods,
sensitive law enforcement information, or other sensitive
national security information, including methods for confidentially disbursing funds.
(7) Each Johnny Micheal Spann Patriot Trust that receives
annual contributions totaling more than $1,000,000 must be
audited annually by an independent certified public accounting
firm. Such audits shall be filed with the Internal Revenue
Service, and shall be open to public inspection, except that
the conduct, filing, and availability of the audit shall be consistent with the protection of intelligence sources and methods,
of sensitive law enforcement information, and of other sensitive
national security information.
(8) Each Johnny Micheal Spann Patriot Trust shall make
distributions to beneficiaries described in paragraph (1) at least
once every calendar year, beginning not later than 12 months
after the formation of such Trust, and all funds and donations
received and earnings not placed in a private foundation dedicated to such beneficiaries must be distributed within 36
months after the end of the fiscal year in which such funds,
donations, and earnings are received.
(9)(A) When determining the amount of a distribution to
any beneficiary described in paragraph (1), a Johnny Micheal
Spann Patriot Trust should take into account the amount of
any collateral source compensation that the beneficiary has
received or is entitled to receive as a result of the death of
an individual described in paragraph (1).
(B) Collateral source compensation includes all compensation from collateral sources, including life insurance, pension
funds, death benefit programs, and payments by Federal, State,
or local governments related to the death of an individual
described in paragraph (1).
(d) TREATMENT OF JOHNNY MICHEAL SPANN PATRIOT TRUSTS.—
Each Johnny Micheal Spann Patriot Trust shall refrain from conducting the activities described in clauses (i) and (ii) of section
301(20)(A) of the Federal Election Campaign Act of 1971 so that
a general solicitation of funds by an individual described in paragraph (1) of section 323(e) of such Act will be permissible if such
solicitation meets the requirements of paragraph (4)(A) of such
section.
(e) NOTIFICATION OF TRUST BENEFICIARIES.—Notwithstanding
any other provision of law, and in a manner consistent with the
protection of intelligence sources and methods and sensitive law

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enforcement information, and other sensitive national security
information, the Secretary of Defense, the Director of the Federal
Bureau of Investigation, or the Director of Central Intelligence,
or their designees, as applicable, may forward information received
from an executor, administrator, or other legal representative of
the estate of a decedent described in subparagraph (A), (B), (C),
or (D) of subsection (c)(1), to a Johnny Micheal Spann Patriot
Trust on how to contact individuals eligible for a distribution under
subsection (c)(1) for the purpose of providing assistance from such
Trust: Provided, That, neither forwarding nor failing to forward
any information under this subsection shall create any cause of
action against any Federal department, agency, officer, agent, or
employee.
(f) REGULATIONS.—Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense, in coordination
with the Attorney General, the Director of the Federal Bureau
of Investigation, and the Director of Central Intelligence, shall
prescribe regulations to carry out this section.

TITLE VII—MANAGEMENT
6 USC 341.

SEC. 701. UNDER SECRETARY FOR MANAGEMENT.

(a) IN GENERAL.—The Secretary, acting through the Under
Secretary for Management, shall be responsible for the management
and administration of the Department, including the following:
(1) The budget, appropriations, expenditures of funds,
accounting, and finance.
(2) Procurement.
(3) Human resources and personnel.
(4) Information technology and communications systems.
(5) Facilities, property, equipment, and other material
resources.
(6) Security for personnel, information technology and
communications systems, facilities, property, equipment, and
other material resources.
(7) Identification and tracking of performance measures
relating to the responsibilities of the Department.
(8) Grants and other assistance management programs.
(9) The transition and reorganization process, to ensure
an efficient and orderly transfer of functions and personnel
to the Department, including the development of a transition
plan.
(10) The conduct of internal audits and management analyses of the programs and activities of the Department.
(11) Any other management duties that the Secretary may
designate.
(b) IMMIGRATION.—
(1) IN GENERAL.—In addition to the responsibilities
described in subsection (a), the Under Secretary for Management shall be responsible for the following:
(A) Maintenance of all immigration statistical information of the Bureau of Border Security and the Bureau
of Citizenship and Immigration Services. Such statistical
information shall include information and statistics of the

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type contained in the publication entitled ‘‘Statistical Yearbook of the Immigration and Naturalization Service’’ prepared by the Immigration and Naturalization Service (as
in effect immediately before the date on which the transfer
of functions specified under section 441 takes effect),
including region-by-region statistics on the aggregate
number of applications and petitions filed by an alien (or
filed on behalf of an alien) and denied by such bureau,
and the reasons for such denials, disaggregated by category
of denial and application or petition type.
(B) Establishment of standards of reliability and
validity for immigration statistics collected by such
bureaus.
(2) TRANSFER OF FUNCTIONS.—In accordance with title XV,
there shall be transferred to the Under Secretary for Management all functions performed immediately before such transfer
occurs by the Statistics Branch of the Office of Policy and
Planning of the Immigration and Naturalization Service with
respect to the following programs:
(A) The Border Patrol program.
(B) The detention and removal program.
(C) The intelligence program.
(D) The investigations program.
(E) The inspections program.
(F) Adjudication of immigrant visa petitions.
(G) Adjudication of naturalization petitions.
(H) Adjudication of asylum and refugee applications.
(I) Adjudications performed at service centers.
(J) All other adjudications performed by the Immigration and Naturalization Service.
SEC. 702. CHIEF FINANCIAL OFFICER.

6 USC 342.

The Chief Financial Officer shall report to the Secretary, or
to another official of the Department, as the Secretary may direct.
SEC. 703. CHIEF INFORMATION OFFICER.

6 USC 343.

The Chief Information Officer shall report to the Secretary,
or to another official of the Department, as the Secretary may
direct.
SEC. 704. CHIEF HUMAN CAPITAL OFFICER.

6 USC 344.

The Chief Human Capital Officer shall report to the Secretary,
or to another official of the Department, as the Secretary may
direct and shall ensure that all employees of the Department are
informed of their rights and remedies under chapters 12 and 23
of title 5, United States Code, by—
(1) participating in the 2302(c) Certification Program of
the Office of Special Counsel;
(2) achieving certification from the Office of Special Counsel
of the Department’s compliance with section 2302(c) of title
5, United States Code; and
(3) informing Congress of such certification not later than
24 months after the date of enactment of this Act.
SEC. 705. ESTABLISHMENT OF OFFICER FOR CIVIL RIGHTS AND CIVIL
LIBERTIES.

6 USC 345.

(a) IN GENERAL.—The Secretary shall appoint in the Department an Officer for Civil Rights and Civil Liberties, who shall—

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PUBLIC LAW 107–296—NOV. 25, 2002
(1) review and assess information alleging abuses of civil
rights, civil liberties, and racial and ethnic profiling by
employees and officials of the Department; and
(2) make public through the Internet, radio, television,
or newspaper advertisements information on the responsibilities and functions of, and how to contact, the Officer.
(b) REPORT.—The Secretary shall submit to the President
of the Senate, the Speaker of the House of Representatives,
and the appropriate committees and subcommittees of Congress
on an annual basis a report on the implementation of this
section, including the use of funds appropriated to carry out
this section, and detailing any allegations of abuses described
under subsection (a)(1) and any actions taken by the Department in response to such allegations.

6 USC 346.

SEC. 706. CONSOLIDATION AND CO-LOCATION OF OFFICES.

Deadline.

Not later than 1 year after the date of the enactment of this
Act, the Secretary shall develop and submit to Congress a plan
for consolidating and co-locating—
(1) any regional offices or field offices of agencies that
are transferred to the Department under this Act, if such
officers are located in the same municipality; and
(2) portions of regional and field offices of other Federal
agencies, to the extent such offices perform functions that are
transferred to the Secretary under this Act.

TITLE VIII—COORDINATION WITH NONFEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
Subtitle A—Coordination with Non-Federal
Entities
6 USC 361.

SEC. 801. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION.

(a) ESTABLISHMENT.—There is established within the Office
of the Secretary the Office for State and Local Government
Coordination, to oversee and coordinate departmental programs
for and relationships with State and local governments.
(b) RESPONSIBILITIES.—The Office established under subsection
(a) shall—
(1) coordinate the activities of the Department relating
to State and local government;
(2) assess, and advocate for, the resources needed by State
and local government to implement the national strategy for
combating terrorism;
(3) provide State and local government with regular
information, research, and technical support to assist local
efforts at securing the homeland; and
(4) develop a process for receiving meaningful input from
State and local government to assist the development of the

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national strategy for combating terrorism and other homeland
security activities.

Subtitle B—Inspector General
SEC. 811. AUTHORITY OF THE SECRETARY.

6 USC 371.

(a) IN GENERAL.—Notwithstanding the last two sentences of
section 3(a) of the Inspector General Act of 1978, the Inspector
General shall be under the authority, direction, and control of
the Secretary with respect to audits or investigations, or the
issuance of subpoenas, that require access to sensitive information
concerning—
(1) intelligence, counterintelligence, or counterterrorism
matters;
(2) ongoing criminal investigations or proceedings;
(3) undercover operations;
(4) the identity of confidential sources, including protected
witnesses;
(5) other matters the disclosure of which would, in the
Secretary’s judgment, constitute a serious threat to the protection of any person or property authorized protection by section
3056 of title 18, United States Code, section 202 of title 3
of such Code, or any provision of the Presidential Protection
Assistance Act of 1976; or
(6) other matters the disclosure of which would, in the
Secretary’s judgment, constitute a serious threat to national
security.
(b) PROHIBITION OF CERTAIN INVESTIGATIONS.—With respect
to the information described in subsection (a), the Secretary may
prohibit the Inspector General from carrying out or completing
any audit or investigation, or from issuing any subpoena, after
such Inspector General has decided to initiate, carry out, or complete such audit or investigation or to issue such subpoena, if
the Secretary determines that such prohibition is necessary to prevent the disclosure of any information described in subsection (a),
to preserve the national security, or to prevent a significant impairment to the interests of the United States.
(c) NOTIFICATION REQUIRED.—If the Secretary exercises any
power under subsection (a) or (b), the Secretary shall notify the
Inspector General of the Department in writing stating the reasons
for such exercise. Within 30 days after receipt of any such notice,
the Inspector General shall transmit a copy of such notice and
a written response thereto that includes—
(1) a statement as to whether the Inspector General agrees
or disagrees with such exercise; and
(2) the reasons for any disagreement, to the President
of the Senate and the Speaker of the House of Representatives
and to appropriate committees and subcommittees of Congress.
(d) ACCESS TO INFORMATION BY CONGRESS.—The exercise of
authority by the Secretary described in subsection (b) should not
be construed as limiting the right of Congress or any committee
of Congress to access any information it seeks.
(e) OVERSIGHT RESPONSIBILITY.—The Inspector General Act of
1978 (5 U.S.C. App.) is amended by inserting after section 8I
the following:

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PUBLIC LAW 107–296—NOV. 25, 2002

‘‘SPECIAL

PROVISIONS CONCERNING THE DEPARTMENT OF HOMELAND
SECURITY

‘‘SEC. 8J. Notwithstanding any other provision of law, in carrying out the duties and responsibilities specified in this Act, the
Inspector General of the Department of Homeland Security shall
have oversight responsibility for the internal investigations performed by the Office of Internal Affairs of the United States Customs Service and the Office of Inspections of the United States
Secret Service. The head of each such office shall promptly report
to the Inspector General the significant activities being carried
out by such office.’’.
SEC. 812. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL
AGENTS.

(a) IN GENERAL.—Section 6 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by adding at the end the following:
‘‘(e)(1) In addition to the authority otherwise provided by this
Act, each Inspector General appointed under section 3, any Assistant Inspector General for Investigations under such an Inspector
General, and any special agent supervised by such an Assistant
Inspector General may be authorized by the Attorney General to—
‘‘(A) carry a firearm while engaged in official duties as
authorized under this Act or other statute, or as expressly
authorized by the Attorney General;
‘‘(B) make an arrest without a warrant while engaged
in official duties as authorized under this Act or other statute,
or as expressly authorized by the Attorney General, for any
offense against the United States committed in the presence
of such Inspector General, Assistant Inspector General, or
agent, or for any felony cognizable under the laws of the United
States if such Inspector General, Assistant Inspector General,
or agent has reasonable grounds to believe that the person
to be arrested has committed or is committing such felony;
and
‘‘(C) seek and execute warrants for arrest, search of a
premises, or seizure of evidence issued under the authority
of the United States upon probable cause to believe that a
violation has been committed.
‘‘(2) The Attorney General may authorize exercise of the powers
under this subsection only upon an initial determination that—
‘‘(A) the affected Office of Inspector General is significantly
hampered in the performance of responsibilities established
by this Act as a result of the lack of such powers;
‘‘(B) available assistance from other law enforcement agencies is insufficient to meet the need for such powers; and
‘‘(C) adequate internal safeguards and management procedures exist to ensure proper exercise of such powers.
‘‘(3) The Inspector General offices of the Department of Commerce, Department of Education, Department of Energy, Department of Health and Human Services, Department of Homeland
Security, Department of Housing and Urban Development, Department of the Interior, Department of Justice, Department of Labor,
Department of State, Department of Transportation, Department
of the Treasury, Department of Veterans Affairs, Agency for International Development, Environmental Protection Agency, Federal
Deposit Insurance Corporation, Federal Emergency Management
Agency, General Services Administration, National Aeronautics and

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Space Administration, Nuclear Regulatory Commission, Office of
Personnel Management, Railroad Retirement Board, Small Business
Administration, Social Security Administration, and the Tennessee
Valley Authority are exempt from the requirement of paragraph
(2) of an initial determination of eligibility by the Attorney General.
‘‘(4) The Attorney General shall promulgate, and revise as
appropriate, guidelines which shall govern the exercise of the law
enforcement powers established under paragraph (1).
‘‘(5)(A) Powers authorized for an Office of Inspector General
under paragraph (1) may be rescinded or suspended upon a determination by the Attorney General that any of the requirements
under paragraph (2) is no longer satisfied or that the exercise
of authorized powers by that Office of Inspector General has not
complied with the guidelines promulgated by the Attorney General
under paragraph (4).
‘‘(B) Powers authorized to be exercised by any individual under
paragraph (1) may be rescinded or suspended with respect to that
individual upon a determination by the Attorney General that such
individual has not complied with guidelines promulgated by the
Attorney General under paragraph (4).
‘‘(6) A determination by the Attorney General under paragraph
(2) or (5) shall not be reviewable in or by any court.
‘‘(7) To ensure the proper exercise of the law enforcement
powers authorized by this subsection, the Offices of Inspector General described under paragraph (3) shall, not later than 180 days
after the date of enactment of this subsection, collectively enter
into a memorandum of understanding to establish an external
review process for ensuring that adequate internal safeguards and
management procedures continue to exist within each Office and
within any Office that later receives an authorization under paragraph (2). The review process shall be established in consultation
with the Attorney General, who shall be provided with a copy
of the memorandum of understanding that establishes the review
process. Under the review process, the exercise of the law enforcement powers by each Office of Inspector General shall be reviewed
periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be
communicated in writing to the applicable Inspector General and
to the Attorney General.
‘‘(8) No provision of this subsection shall limit the exercise
of law enforcement powers established under any other statutory
authority, including United States Marshals Service special deputation.’’.
(b) PROMULGATION OF INITIAL GUIDELINES.—
(1) DEFINITION.—In this subsection, the term ‘‘memoranda
of understanding’’ means the agreements between the Department of Justice and the Inspector General offices described
under section 6(e)(3) of the Inspector General Act of 1978
(5 U.S.C. App.) (as added by subsection (a) of this section)
that—
(A) are in effect on the date of enactment of this
Act; and
(B) authorize such offices to exercise authority that
is the same or similar to the authority under section 6(e)(1)
of such Act.
(2) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Attorney General shall promulgate

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Deadline.

5 USC app. 6
note.

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guidelines under section 6(e)(4) of the Inspector General Act
of 1978 (5 U.S.C. App.) (as added by subsection (a) of this
section) applicable to the Inspector General offices described
under section 6(e)(3) of that Act.
(3) MINIMUM REQUIREMENTS.—The guidelines promulgated
under this subsection shall include, at a minimum, the operational and training requirements in the memoranda of understanding.
(4) NO LAPSE OF AUTHORITY.—The memoranda of understanding in effect on the date of enactment of this Act shall
remain in effect until the guidelines promulgated under this
subsection take effect.
(c) EFFECTIVE DATES.—
(1) IN GENERAL.—Subsection (a) shall take effect 180 days
after the date of enactment of this Act.
(2) INITIAL GUIDELINES.—Subsection (b) shall take effect
on the date of enactment of this Act.

5 USC app. 6
note.

Subtitle C—United States Secret Service
6 USC 381.

SEC. 821. FUNCTIONS TRANSFERRED.

In accordance with title XV, there shall be transferred to the
Secretary the functions, personnel, assets, and obligations of the
United States Secret Service, which shall be maintained as a distinct entity within the Department, including the functions of the
Secretary of the Treasury relating thereto.

Subtitle D—Acquisitions
6 USC 391.

SEC. 831. RESEARCH AND DEVELOPMENT PROJECTS.

(a) AUTHORITY.—During the 5-year period following the effective
date of this Act, the Secretary may carry out a pilot program
under which the Secretary may exercise the following authorities:
(1) IN GENERAL.—When the Secretary carries out basic,
applied, and advanced research and development projects,
including the expenditure of funds for such projects, the Secretary may exercise the same authority (subject to the same
limitations and conditions) with respect to such research and
projects as the Secretary of Defense may exercise under section
2371 of title 10, United States Code (except for subsections
(b) and (f)), after making a determination that the use of
a contract, grant, or cooperative agreement for such project
is not feasible or appropriate. The annual report required under
subsection (b) of this section, as applied to the Secretary by
this paragraph, shall be submitted to the President of the
Senate and the Speaker of the House of Representatives.
(2) PROTOTYPE PROJECTS.—The Secretary may, under the
authority of paragraph (1), carry out prototype projects in
accordance with the requirements and conditions provided for
carrying out prototype projects under section 845 of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103–160). In applying the authorities of that section 845,
subsection (c) of that section shall apply with respect to prototype projects under this paragraph, and the Secretary shall

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perform the functions of the Secretary of Defense under subsection (d) thereof.
(b) REPORT.—Not later than 2 years after the effective date
of this Act, and annually thereafter, the Comptroller General shall
report to the Committee on Government Reform of the House of
Representatives and the Committee on Governmental Affairs of
the Senate on—
(1) whether use of the authorities described in subsection
(a) attracts nontraditional Government contractors and results
in the acquisition of needed technologies; and
(2) if such authorities were to be made permanent, whether
additional safeguards are needed with respect to the use of
such authorities.
(c) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Secretary may—
(1) procure the temporary or intermittent services of
experts or consultants (or organizations thereof) in accordance
with section 3109(b) of title 5, United States Code; and
(2) whenever necessary due to an urgent homeland security
need, procure temporary (not to exceed 1 year) or intermittent
personal services, including the services of experts or consultants (or organizations thereof), without regard to the pay limitations of such section 3109.
(d) DEFINITION OF NONTRADITIONAL GOVERNMENT CONTRACTOR.—In this section, the term ‘‘nontraditional Government
contractor’’ has the same meaning as the term ‘‘nontraditional
defense contractor’’ as defined in section 845(e) of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103–
160; 10 U.S.C. 2371 note).
SEC. 832. PERSONAL SERVICES.

Deadline.

6 USC 392.

The Secretary—
(1) may procure the temporary or intermittent services
of experts or consultants (or organizations thereof) in accordance with section 3109 of title 5, United States Code; and
(2) may, whenever necessary due to an urgent homeland
security need, procure temporary (not to exceed 1 year) or
intermittent personal services, including the services of experts
or consultants (or organizations thereof), without regard to
the pay limitations of such section 3109.
SEC. 833. SPECIAL STREAMLINED ACQUISITION AUTHORITY.

(a) AUTHORITY.—
(1) IN GENERAL.—The Secretary may use the authorities
set forth in this section with respect to any procurement made
during the period beginning on the effective date of this Act
and ending September 30, 2007, if the Secretary determines
in writing that the mission of the Department (as described
in section 101) would be seriously impaired without the use
of such authorities.
(2) DELEGATION.—The authority to make the determination
described in paragraph (1) may not be delegated by the Secretary to an officer of the Department who is not appointed
by the President with the advice and consent of the Senate.
(3) NOTIFICATION.—Not later than the date that is 7 days
after the date of any determination under paragraph (1), the
Secretary shall submit to the Committee on Government

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6 USC 393.

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116 STAT. 2226

41 USC 416.

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Reform of the House of Representatives and the Committee
on Governmental Affairs of the Senate—
(A) notification of such determination; and
(B) the justification for such determination.
(b) INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN
PROCUREMENTS.—
(1) IN GENERAL.—The Secretary may designate certain
employees of the Department to make procurements described
in subsection (a) for which in the administration of section
32 of the Office of Federal Procurement Policy Act (41 U.S.C.
428) the amount specified in subsections (c), (d), and (f) of
such section 32 shall be deemed to be $7,500.
(2) NUMBER OF EMPLOYEES.—The number of employees
designated under paragraph (1) shall be—
(A) fewer than the number of employees of the Department who are authorized to make purchases without
obtaining competitive quotations, pursuant to section 32(c)
of the Office of Federal Procurement Policy Act (41 U.S.C.
428(c));
(B) sufficient to ensure the geographic dispersal of
the availability of the use of the procurement authority
under such paragraph at locations reasonably considered
to be potential terrorist targets; and
(C) sufficiently limited to allow for the careful monitoring of employees designated under such paragraph.
(3) REVIEW.—Procurements made under the authority of
this subsection shall be subject to review by a designated supervisor on not less than a monthly basis. The supervisor responsible for the review shall be responsible for no more than
7 employees making procurements under this subsection.
(c) SIMPLIFIED ACQUISITION PROCEDURES.—
(1) IN GENERAL.—With respect to a procurement described
in subsection (a), the Secretary may deem the simplified
acquisition threshold referred to in section 4(11) of the Office
of Federal Procurement Policy Act (41 U.S.C. 403(11)) to be—
(A) in the case of a contract to be awarded and performed, or purchase to be made, within the United States,
$200,000; and
(B) in the case of a contract to be awarded and performed, or purchase to be made, outside of the United
States, $300,000.
(2) CONFORMING AMENDMENTS.—Section 18(c)(1) of the
Office of Federal Procurement Policy Act is amended—
(A) by striking ‘‘or’’ at the end of subparagraph (F);
(B) by striking the period at the end of subparagraph
(G) and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(H) the procurement is by the Secretary of Homeland
Security pursuant to the special procedures provided in section
833(c) of the Homeland Security Act of 2002.’’.
(d) APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES.—
(1) IN GENERAL.—With respect to a procurement described
in subsection (a), the Secretary may deem any item or service
to be a commercial item for the purpose of Federal procurement
laws.

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(2) LIMITATION.—The $5,000,000 limitation provided in section 31(a)(2) of the Office of Federal Procurement Policy Act
(41 U.S.C. 427(a)(2)) and section 303(g)(1)(B) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253(g)(1)(B)) shall be deemed to be $7,500,000 for purposes
of property or services under the authority of this subsection.
(3) CERTAIN AUTHORITY.—Authority under a provision of
law referred to in paragraph (2) that expires under section
4202(e) of the Clinger-Cohen Act of 1996 (divisions D and
E of Public Law 104–106; 10 U.S.C. 2304 note) shall, notwithstanding such section, continue to apply for a procurement
described in subsection (a).
(e) REPORT.—Not later than 180 days after the end of fiscal
year 2005, the Comptroller General shall submit to the Committee
on Governmental Affairs of the Senate and the Committee on
Government Reform of the House of Representatives a report on
the use of the authorities provided in this section. The report
shall contain the following:
(1) An assessment of the extent to which property and
services acquired using authorities provided under this section
contributed to the capacity of the Federal workforce to facilitate
the mission of the Department as described in section 101.
(2) An assessment of the extent to which prices for property
and services acquired using authorities provided under this
section reflected the best value.
(3) The number of employees designated by each executive
agency under subsection (b)(1).
(4) An assessment of the extent to which the Department
has implemented subsections (b)(2) and (b)(3) to monitor the
use of procurement authority by employees designated under
subsection (b)(1).
(5) Any recommendations of the Comptroller General for
improving the effectiveness of the implementation of the provisions of this section.

Deadline.

SEC. 834. UNSOLICITED PROPOSALS.

6 USC 394.

(a) REGULATIONS REQUIRED.—Within 1 year of the date of enactment of this Act, the Federal Acquisition Regulation shall be revised
to include regulations with regard to unsolicited proposals.
(b) CONTENT OF REGULATIONS.—The regulations prescribed
under subsection (a) shall require that before initiating a comprehensive evaluation, an agency contact point shall consider,
among other factors, that the proposal—
(1) is not submitted in response to a previously published
agency requirement; and
(2) contains technical and cost information for evaluation
and overall scientific, technical or socioeconomic merit, or costrelated or price-related factors.

Deadline.

SEC. 835. PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES.

6 USC 395.

(a) IN GENERAL.—The Secretary may not enter into any contract
with a foreign incorporated entity which is treated as an inverted
domestic corporation under subsection (b).
(b) INVERTED DOMESTIC CORPORATION.—For purposes of this
section, a foreign incorporated entity shall be treated as an inverted
domestic corporation if, pursuant to a plan (or a series of related
transactions)—

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(1) the entity completes after the date of enactment of
this Act, the direct or indirect acquisition of substantially all
of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a
trade or business of a domestic partnership;
(2) after the acquisition at least 80 percent of the stock
(by vote or value) of the entity is held—
(A) in the case of an acquisition with respect to a
domestic corporation, by former shareholders of the
domestic corporation by reason of holding stock in the
domestic corporation; or
(B) in the case of an acquisition with respect to a
domestic partnership, by former partners of the domestic
partnership by reason of holding a capital or profits interest
in the domestic partnership; and
(3) the expanded affiliated group which after the acquisition
includes the entity does not have substantial business activities
in the foreign country in which or under the law of which
the entity is created or organized when compared to the total
business activities of such expanded affiliated group.
(c) DEFINITIONS AND SPECIAL RULES.—
(1) RULES FOR APPLICATION OF SUBSECTION (b).—In applying
subsection (b) for purposes of subsection (a), the following rules
shall apply:
(A) CERTAIN STOCK DISREGARDED.—There shall not be
taken into account in determining ownership for purposes
of subsection (b)(2)—
(i) stock held by members of the expanded affiliated group which includes the foreign incorporated
entity; or
(ii) stock of such entity which is sold in a public
offering related to the acquisition described in subsection (b)(1).
(B) PLAN DEEMED IN CERTAIN CASES.—If a foreign incorporated entity acquires directly or indirectly substantially
all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which
is after the date of enactment of this Act and which is
2 years before the ownership requirements of subsection
(b)(2) are met, such actions shall be treated as pursuant
to a plan.
(C) CERTAIN TRANSFERS DISREGARDED.—The transfer
of properties or liabilities (including by contribution or
distribution) shall be disregarded if such transfers are part
of a plan a principal purpose of which is to avoid the
purposes of this section.
(D) SPECIAL RULE FOR RELATED PARTNERSHIPS.—For
purposes of applying subsection (b) to the acquisition of
a domestic partnership, except as provided in regulations,
all domestic partnerships which are under common control
(within the meaning of section 482 of the Internal Revenue
Code of 1986) shall be treated as I partnership.
(E) TREATMENT OF CERTAIN RIGHTS.—The Secretary
shall prescribe such regulations as may be necessary to—
(i) treat warrants, options, contracts to acquire
stock, convertible debt instruments, and other similar
interests as stock; and

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(ii) treat stock as not stock.
(2) EXPANDED AFFILIATED GROUP.—The term ‘‘expanded
affiliated group’’ means an affiliated group as defined in section
1504(a) of the Internal Revenue Code of 1986 (without regard
to section 1504(b) of such Code), except that section 1504 of
such Code shall be applied by substituting ‘‘more than 50
percent’’ for ‘‘at least 80 percent’’ each place it appears.
(3) FOREIGN INCORPORATED ENTITY.—The term ‘‘foreign
incorporated entity’’ means any entity which is, or but for
subsection (b) would be, treated as a foreign corporation for
purposes of the Internal Revenue Code of 1986.
(4) OTHER DEFINITIONS.—The terms ‘‘person’’, ‘‘domestic’’,
and ‘‘foreign’’ have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.
(d) WAIVERS.—The Secretary shall waive subsection (a) with
respect to any specific contract if the Secretary determines that
the waiver is required in the interest of homeland security, or
to prevent the loss of any jobs in the United States or prevent
the Government from incurring any additional costs that otherwise
would not occur.

Subtitle E—Human Resources
Management
SEC. 841. ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT
SYSTEM.

6 USC 411.

(a) AUTHORITY.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that—
(A) it is extremely important that employees of the
Department be allowed to participate in a meaningful way
in the creation of any human resources management
system affecting them;
(B) such employees have the most direct knowledge
of the demands of their jobs and have a direct interest
in ensuring that their human resources management
system is conducive to achieving optimal operational efficiencies;
(C) the 21st century human resources management
system envisioned for the Department should be one that
benefits from the input of its employees; and
(D) this collaborative effort will help secure our homeland.
(2) IN GENERAL.—Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following:
‘‘CHAPTER 97—DEPARTMENT OF HOMELAND SECURITY
‘‘Sec.
‘‘9701. Establishment of human resources management system.

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‘‘§ 9701. Establishment of human resources management
system
‘‘(a) IN GENERAL.—Notwithstanding any other provision of this
part, the Secretary of Homeland Security may, in regulations prescribed jointly with the Director of the Office of Personnel Management, establish, and from time to time adjust, a human resources
management system for some or all of the organizational units
of the Department of Homeland Security.
‘‘(b) SYSTEM REQUIREMENTS.—Any system established under
subsection (a) shall—
‘‘(1) be flexible;
‘‘(2) be contemporary;
‘‘(3) not waive, modify, or otherwise affect—
‘‘(A) the public employment principles of merit and
fitness set forth in section 2301, including the principles
of hiring based on merit, fair treatment without regard
to political affiliation or other nonmerit considerations,
equal pay for equal work, and protection of employees
against reprisal for whistleblowing;
‘‘(B) any provision of section 2302, relating to prohibited personnel practices;
‘‘(C)(i) any provision of law referred to in section
2302(b)(1), (8), and (9); or
‘‘(ii) any provision of law implementing any provision
of law referred to in section 2302(b)(1), (8), and (9) by—
‘‘(I) providing for equal employment opportunity
through affirmative action; or
‘‘(II) providing any right or remedy available to
any employee or applicant for employment in the civil
service;
‘‘(D) any other provision of this part (as described
in subsection (c)); or
‘‘(E) any rule or regulation prescribed under any provision of law referred to in any of the preceding subparagraphs of this paragraph;
‘‘(4) ensure that employees may organize, bargain collectively, and participate through labor organizations of their own
choosing in decisions which affect them, subject to any exclusion
from coverage or limitation on negotiability established by law;
and
‘‘(5) permit the use of a category rating system for evaluating applicants for positions in the competitive service.
‘‘(c) OTHER NONWAIVABLE PROVISIONS.—The other provisions
of this part as referred to in subsection (b)(3)(D), are (to the extent
not otherwise specified in subparagraph (A), (B), (C), or (D) of
subsection (b)(3))—
‘‘(1) subparts A, B, E, G, and H of this part; and
‘‘(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and 79, and
this chapter.
‘‘(d) LIMITATIONS RELATING TO PAY.—Nothing in this section
shall constitute authority—
‘‘(1) to modify the pay of any employee who serves in—
‘‘(A) an Executive Schedule position under subchapter
II of chapter 53 of title 5, United States Code; or
‘‘(B) a position for which the rate of basic pay is fixed
in statute by reference to a section or level under subchapter II of chapter 53 of such title 5;

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‘‘(2) to fix pay for any employee or position at an annual
rate greater than the maximum amount of cash compensation
allowable under section 5307 of such title 5 in a year; or
‘‘(3) to exempt any employee from the application of such
section 5307.
‘‘(e) PROVISIONS TO ENSURE COLLABORATION WITH EMPLOYEE
REPRESENTATIVES.—
‘‘(1) IN GENERAL.—In order to ensure that the authority
of this section is exercised in collaboration with, and in a
manner that ensures the participation of employee representatives in the planning, development, and implementation of any
human resources management system or adjustments to such
system under this section, the Secretary of Homeland Security
and the Director of the Office of Personnel Management shall
provide for the following:
‘‘(A) NOTICE OF PROPOSAL.—The Secretary and the
Director shall, with respect to any proposed system or
adjustment—
‘‘(i) provide to each employee representative representing any employees who might be affected, a written description of the proposed system or adjustment
(including the reasons why it is considered necessary);
‘‘(ii) give each representative 30 calendar days
(unless extraordinary circumstances require earlier
action) to review and make recommendations with
respect to the proposal; and
‘‘(iii) give any recommendations received from any
such representatives under clause (ii) full and fair
consideration in deciding whether or how to proceed
with the proposal.
‘‘(B) PRE-IMPLEMENTATION CONGRESSIONAL NOTIFICATION, CONSULTATION, AND MEDIATION.—Following receipt
of recommendations, if any, from employee representatives
with respect to a proposal described in subparagraph (A),
the Secretary and the Director shall accept such modifications to the proposal in response to the recommendations
as they determine advisable and shall, with respect to
any parts of the proposal as to which they have not accepted
the recommendations—
‘‘(i) notify Congress of those parts of the proposal,
together with the recommendations of employee representatives;
‘‘(ii) meet and confer for not less than 30 calendar
days with any representatives who have made recommendations, in order to attempt to reach agreement
on whether or how to proceed with those parts of
the proposal; and
‘‘(iii) at the Secretary’s option, or if requested by
a majority of the employee representatives who have
made recommendations, use the services of the Federal
Mediation and Conciliation Service during such meet
and confer period to facilitate the process of attempting
to reach agreement.
‘‘(C) IMPLEMENTATION.—
‘‘(i) Any part of the proposal as to which the representatives do not make a recommendation, or as
to which their recommendations are accepted by the

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PUBLIC LAW 107–296—NOV. 25, 2002
Secretary and the Director, may be implemented immediately.
‘‘(ii) With respect to any parts of the proposal
as to which recommendations have been made but
not accepted by the Secretary and the Director, at
any time after 30 calendar days have elapsed since
the initiation of the congressional notification, consultation, and mediation procedures set forth in
subparagraph (B), if the Secretary determines, in the
Secretary’s sole and unreviewable discretion, that further consultation and mediation is unlikely to produce
agreement, the Secretary may implement any or all
of such parts, including any modifications made in
response to the recommendations as the Secretary
determines advisable.
‘‘(iii) The Secretary shall promptly notify Congress
of the implementation of any part of the proposal and
shall furnish with such notice an explanation of the
proposal, any changes made to the proposal as a result
of recommendations from employee representatives,
and of the reasons why implementation is appropriate
under this subparagraph.
‘‘(D) CONTINUING COLLABORATION.—If a proposal
described in subparagraph (A) is implemented, the Secretary and the Director shall—
‘‘(i) develop a method for each employee representative to participate in any further planning or development which might become necessary; and
‘‘(ii) give each employee representative adequate
access to information to make that participation
productive.
‘‘(2) PROCEDURES.—Any procedures necessary to carry out
this subsection shall be established by the Secretary and the
Director jointly as internal rules of departmental procedure
which shall not be subject to review. Such procedures shall
include measures to ensure—
‘‘(A) in the case of employees within a unit with respect
to which a labor organization is accorded exclusive recognition, representation by individuals designated or from
among individuals nominated by such organization;
‘‘(B) in the case of any employees who are not within
such a unit, representation by any appropriate organization
which represents a substantial percentage of those
employees or, if none, in such other manner as may be
appropriate, consistent with the purposes of the subsection;
‘‘(C) the fair and expeditious handling of the consultation and mediation process described in subparagraph (B)
of paragraph (1), including procedures by which, if the
number of employee representatives providing recommendations exceeds 5, such representatives select a committee or other unified representative with which the Secretary and Director may meet and confer; and
‘‘(D) the selection of representatives in a manner consistent with the relative number of employees represented
by the organizations or other representatives involved.
‘‘(f) PROVISIONS RELATING TO APPELLATE PROCEDURES.—
‘‘(1) SENSE OF CONGRESS.—It is the sense of Congress that—

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‘‘(A) employees of the Department are entitled to fair
treatment in any appeals that they bring in decisions
relating to their employment; and
‘‘(B) in prescribing regulations for any such appeals
procedures, the Secretary and the Director of the Office
of Personnel Management—
‘‘(i) should ensure that employees of the Department are afforded the protections of due process; and
‘‘(ii) toward that end, should be required to consult
with the Merit Systems Protection Board before issuing
any such regulations.
‘‘(2) REQUIREMENTS.—Any regulations under this section
which relate to any matters within the purview of chapter
77—
‘‘(A) shall be issued only after consultation with the
Merit Systems Protection Board;
‘‘(B) shall ensure the availability of procedures which
shall—
‘‘(i) be consistent with requirements of due process;
and
‘‘(ii) provide, to the maximum extent practicable,
for the expeditious handling of any matters involving
the Department; and
‘‘(C) shall modify procedures under chapter 77 only
insofar as such modifications are designed to further the
fair, efficient, and expeditious resolution of matters
involving the employees of the Department.
‘‘(g) PROVISIONS RELATING TO LABOR-MANAGEMENT RELATIONS.—Nothing in this section shall be construed as conferring
authority on the Secretary of Homeland Security to modify any
of the provisions of section 842 of the Homeland Security Act
of 2002.
‘‘(h) SUNSET PROVISION.—Effective 5 years after the conclusion
of the transition period defined under section 1501 of the Homeland
Security Act of 2002, all authority to issue regulations under this
section (including regulations which would modify, supersede, or
terminate any regulations previously issued under this section)
shall cease to be available.’’.
(3) TECHNICAL AND CONFORMING AMENDMENT.—The table
of chapters for part III of title 5, United States Code, is
amended by adding at the end of the following:
‘‘97. Department of Homeland Security ........................................................ 9701’’.

(b) EFFECT ON PERSONNEL.—
(1) NONSEPARATION OR NONREDUCTION IN GRADE OR COMPENSATION OF FULL-TIME PERSONNEL AND PART-TIME PERSONNEL
HOLDING PERMANENT POSITIONS.—Except as otherwise provided
in this Act, the transfer under this Act of full-time personnel
(except special Government employees) and part-time personnel
holding permanent positions shall not cause any such employee
to be separated or reduced in grade or compensation for 1
year after the date of transfer to the Department.
(2) POSITIONS COMPENSATED IN ACCORDANCE WITH EXECUTIVE SCHEDULE.—Any person who, on the day preceding such
person’s date of transfer pursuant to this Act, held a position
compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who,
without a break in service, is appointed in the Department

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to a position having duties comparable to the duties performed
immediately preceding such appointment shall continue to be
compensated in such new position at not less than the rate
provided for such position, for the duration of the service of
such person in such new position.
(3) COORDINATION RULE.—Any exercise of authority under
chapter 97 of title 5, United States Code (as amended by
subsection (a)), including under any system established under
such chapter, shall be in conformance with the requirements
of this subsection.

6 USC 412.

SEC. 842. LABOR-MANAGEMENT RELATIONS.

(a) LIMITATION ON EXCLUSIONARY AUTHORITY.—
(1) IN GENERAL.—No agency or subdivision of an agency
which is transferred to the Department pursuant to this Act
shall be excluded from the coverage of chapter 71 of title
5, United States Code, as a result of any order issued under
section 7103(b)(1) of such title 5 after June 18, 2002, unless—
(A) the mission and responsibilities of the agency (or
subdivision) materially change; and
(B) a majority of the employees within such agency
(or subdivision) have as their primary duty intelligence,
counterintelligence, or investigative work directly related
to terrorism investigation.
(2) EXCLUSIONS ALLOWABLE.—Nothing in paragraph (1)
shall affect the effectiveness of any order to the extent that
such order excludes any portion of an agency or subdivision
of an agency as to which—
(A) recognition as an appropriate unit has never been
conferred for purposes of chapter 71 of such title 5; or
(B) any such recognition has been revoked or otherwise
terminated as a result of a determination under subsection
(b)(1).
(b) PROVISIONS RELATING TO BARGAINING UNITS.—
(1) LIMITATION RELATING TO APPROPRIATE UNITS.—Each
unit which is recognized as an appropriate unit for purposes
of chapter 71 of title 5, United States Code, as of the day
before the effective date of this Act (and any subdivision of
any such unit) shall, if such unit (or subdivision) is transferred
to the Department pursuant to this Act, continue to be so
recognized for such purposes, unless—
(A) the mission and responsibilities of such unit (or
subdivision) materially change; and
(B) a majority of the employees within such unit (or
subdivision) have as their primary duty intelligence,
counterintelligence, or investigative work directly related
to terrorism investigation.
(2) LIMITATION RELATING TO POSITIONS OR EMPLOYEES.—
No position or employee within a unit (or subdivision of a
unit) as to which continued recognition is given in accordance
with paragraph (1) shall be excluded from such unit (or subdivision), for purposes of chapter 71 of such title 5, unless the
primary job duty of such position or employee—
(A) materially changes; and
(B) consists of intelligence, counterintelligence, or
investigative work directly related to terrorism investigation.

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In the case of any positions within a unit (or subdivision)
which are first established on or after the effective date of
this Act and any employees first appointed on or after such
date, the preceding sentence shall be applied disregarding
subparagraph (A).
(c) WAIVER.—If the President determines that the application
of subsections (a), (b), and (d) would have a substantial adverse
impact on the ability of the Department to protect homeland security, the President may waive the application of such subsections
10 days after the President has submitted to Congress a written
explanation of the reasons for such determination.
(d) COORDINATION RULE.—No other provision of this Act or
of any amendment made by this Act may be construed or applied
in a manner so as to limit, supersede, or otherwise affect the
provisions of this section, except to the extent that it does so
by specific reference to this section.
(e) RULE OF CONSTRUCTION.—Nothing in section 9701(e) of
title 5, United States Code, shall be considered to apply with
respect to any agency or subdivision of any agency, which is
excluded from the coverage of chapter 71 of title 5, United States
Code, by virtue of an order issued in accordance with section 7103(b)
of such title and the preceding provisions of this section (as
applicable), or to any employees of any such agency or subdivision
or to any individual or entity representing any such employees
or any representatives thereof.

Subtitle F—Federal Emergency
Procurement Flexibility
SEC. 851. DEFINITION.

6 USC 421.

In this subtitle, the term ‘‘executive agency’’ has the meaning
given that term under section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).
SEC. 852. PROCUREMENTS FOR DEFENSE AGAINST OR RECOVERY
FROM TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL ATTACK.

6 USC 422.

The authorities provided in this subtitle apply to any procurement of property or services by or for an executive agency that,
as determined by the head of the executive agency, are to be
used to facilitate defense against or recovery from terrorism or
nuclear, biological, chemical, or radiological attack, but only if a
solicitation of offers for the procurement is issued during the 1year period beginning on the date of the enactment of this Act.

Applicability.

SEC. 853. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR
PROCUREMENTS IN SUPPORT OF HUMANITARIAN OR
PEACEKEEPING OPERATIONS OR CONTINGENCY OPERATIONS.

6 USC 423.

(a) TEMPORARY THRESHOLD AMOUNTS.—For a procurement
referred to in section 852 that is carried out in support of a humanitarian or peacekeeping operation or a contingency operation, the
simplified acquisition threshold definitions shall be applied as if
the amount determined under the exception provided for such an
operation in those definitions were—

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Applicability.

6 USC 424.

PUBLIC LAW 107–296—NOV. 25, 2002

(1) in the case of a contract to be awarded and performed,
or purchase to be made, inside the United States, $200,000;
or
(2) in the case of a contract to be awarded and performed,
or purchase to be made, outside the United States, $300,000.
(b) SIMPLIFIED ACQUISITION THRESHOLD DEFINITIONS.—In this
section, the term ‘‘simplified acquisition threshold definitions’’
means the following:
(1) Section 4(11) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(11)).
(2) Section 309(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(d)).
(3) Section 2302(7) of title 10, United States Code.
(c) SMALL BUSINESS RESERVE.—For a procurement carried out
pursuant to subsection (a), section 15(j) of the Small Business
Act (15 U.S.C. 644(j)) shall be applied as if the maximum anticipated
value identified therein is equal to the amounts referred to in
subsection (a).
SEC. 854. INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN
PROCUREMENTS.

In the administration of section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428) with respect to a procurement referred to in section 852, the amount specified in subsections
(c), (d), and (f) of such section 32 shall be deemed to be $7,500.
6 USC 425.

SEC. 855. APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES TO CERTAIN PROCUREMENTS.

(a) AUTHORITY.—
(1) IN GENERAL.—The head of an executive agency may
apply the provisions of law listed in paragraph (2) to a procurement referred to in section 852 without regard to whether
the property or services are commercial items.
(2) COMMERCIAL ITEM LAWS.—The provisions of law referred
to in paragraph (1) are as follows:
(A) Sections 31 and 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 427, 430).
(B) Section 2304(g) of title 10, United States Code.
(C) Section 303(g) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)).
(b) INAPPLICABILITY OF LIMITATION ON USE OF SIMPLIFIED
ACQUISITION PROCEDURES.—
(1) IN GENERAL.—The $5,000,000 limitation provided in
section 31(a)(2) of the Office of Federal Procurement Policy
Act (41 U.S.C. 427(a)(2)), section 2304(g)(1)(B) of title 10, United
States Code, and section 303(g)(1)(B) of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(B))
shall not apply to purchases of property or services to which
any of the provisions of law referred to in subsection (a) are
applied under the authority of this section.
(2) OMB GUIDANCE.—The Director of the Office of Management and Budget shall issue guidance and procedures for the
use of simplified acquisition procedures for a purchase of property or services in excess of $5,000,000 under the authority
of this section.
(c) CONTINUATION OF AUTHORITY FOR SIMPLIFIED PURCHASE
PROCEDURES.—Authority under a provision of law referred to in
subsection (a)(2) that expires under section 4202(e) of the Clinger-

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116 STAT. 2237

Cohen Act of 1996 (divisions D and E of Public Law 104–106;
10 U.S.C. 2304 note) shall, notwithstanding such section, continue
to apply for use by the head of an executive agency as provided
in subsections (a) and (b).
SEC. 856. USE OF STREAMLINED PROCEDURES.

6 USC 426.

(a) REQUIRED USE.—The head of an executive agency shall,
when appropriate, use streamlined acquisition authorities and
procedures authorized by law for a procurement referred to in
section 852, including authorities and procedures that are provided
under the following provisions of law:
(1) FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
OF 1949.—In title III of the Federal Property and Administrative
Services Act of 1949:
(A) Paragraphs (1), (2), (6), and (7) of subsection (c)
of section 303 (41 U.S.C. 253), relating to use of procedures
other than competitive procedures under certain circumstances (subject to subsection (e) of such section).
(B) Section 303J (41 U.S.C. 253j), relating to orders
under task and delivery order contracts.
(2) TITLE 10, UNITED STATES CODE.—In chapter 137 of title
10, United States Code:
(A) Paragraphs (1), (2), (6), and (7) of subsection (c)
of section 2304, relating to use of procedures other than
competitive procedures under certain circumstances (subject to subsection (e) of such section).
(B) Section 2304c, relating to orders under task and
delivery order contracts.
(3) OFFICE OF FEDERAL PROCUREMENT POLICY ACT.—Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of the Office
of Federal Procurement Policy Act (41 U.S.C. 416(c)), relating
to inapplicability of a requirement for procurement notice.
(b) WAIVER OF CERTAIN SMALL BUSINESS THRESHOLD REQUIREMENTS.—Subclause (II) of section 8(a)(1)(D)(i) of the Small Business
Act (15 U.S.C. 637(a)(1)(D)(i)) and clause (ii) of section 31(b)(2)(A)
of such Act (15 U.S.C. 657a(b)(2)(A)) shall not apply in the use
of streamlined acquisition authorities and procedures referred to
in paragraphs (1)(A) and (2)(A) of subsection (a) for a procurement
referred to in section 852.

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SEC. 857. REVIEW AND REPORT BY COMPTROLLER GENERAL.

6 USC 427.

(a) REQUIREMENTS.—Not later than March 31, 2004, the Comptroller General shall—
(1) complete a review of the extent to which procurements
of property and services have been made in accordance with
this subtitle; and
(2) submit a report on the results of the review to the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of Representatives.
(b) CONTENT OF REPORT.—The report under subsection (a)(2)
shall include the following matters:
(1) ASSESSMENT.—The Comptroller General’s assessment
of—
(A) the extent to which property and services procured
in accordance with this title have contributed to the
capacity of the workforce of Federal Government employees

Deadline.

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116 STAT. 2238

PUBLIC LAW 107–296—NOV. 25, 2002

within each executive agency to carry out the mission of
the executive agency; and
(B) the extent to which Federal Government employees
have been trained on the use of technology.
(2) RECOMMENDATIONS.—Any recommendations of the
Comptroller General resulting from the assessment described
in paragraph (1).
(c) CONSULTATION.—In preparing for the review under subsection (a)(1), the Comptroller shall consult with the Committee
on Governmental Affairs of the Senate and the Committee on
Government Reform of the House of Representatives on the specific
issues and topics to be reviewed. The extent of coverage needed
in areas such as technology integration, employee training, and
human capital management, as well as the data requirements of
the study, shall be included as part of the consultation.
SEC. 858. IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL
MARKETPLACE.

6 USC 428.

The head of each executive agency shall conduct market
research on an ongoing basis to identify effectively the capabilities,
including the capabilities of small businesses and new entrants
into Federal contracting, that are available in the marketplace
for meeting the requirements of the executive agency in furtherance
of defense against or recovery from terrorism or nuclear, biological,
chemical, or radiological attack. The head of the executive agency
shall, to the maximum extent practicable, take advantage of
commercially available market research methods, including use of
commercial databases, to carry out the research.
Support Antiterrorism by
Fostering
Effective
Technologies Act
of 2002.
6 USC 101 note.
6 USC 441.

Subtitle G—Support Anti-terrorism by Fostering Effective Technologies Act of 2002
SEC. 861. SHORT TITLE.

This subtitle may be cited as the ‘‘Support Anti-terrorism by
Fostering Effective Technologies Act of 2002’’ or the ‘‘SAFETY Act’’.
SEC. 862. ADMINISTRATION.

(a) IN GENERAL.—The Secretary shall be responsible for the
administration of this subtitle.
(b) DESIGNATION OF QUALIFIED ANTI-TERRORISM TECHNOLOGIES.—The Secretary may designate anti-terrorism technologies that qualify for protection under the system of risk management set forth in this subtitle in accordance with criteria that
shall include, but not be limited to, the following:
(1) Prior United States Government use or demonstrated
substantial utility and effectiveness.
(2) Availability of the technology for immediate deployment
in public and private settings.
(3) Existence of extraordinarily large or extraordinarily
unquantifiable potential third party liability risk exposure to
the Seller or other provider of such anti-terrorism technology.
(4) Substantial likelihood that such anti-terrorism technology will not be deployed unless protections under the system
of risk management provided under this subtitle are extended.
(5) Magnitude of risk exposure to the public if such antiterrorism technology is not deployed.

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(6) Evaluation of all scientific studies that can be feasibly
conducted in order to assess the capability of the technology
to substantially reduce risks of harm.
(7) Anti-terrorism technology that would be effective in
facilitating the defense against acts of terrorism, including technologies that prevent, defeat or respond to such acts.
(c) REGULATIONS.—The Secretary may issue such regulations,
after notice and comment in accordance with section 553 of title
5, United States Code, as may be necessary to carry out this
subtitle.
SEC. 863. LITIGATION MANAGEMENT.

6 USC 442.

(a) FEDERAL CAUSE OF ACTION.—
(1) IN GENERAL.—There shall exist a Federal cause of action
for claims arising out of, relating to, or resulting from an
act of terrorism when qualified anti-terrorism technologies have
been deployed in defense against or response or recovery from
such act and such claims result or may result in loss to the
Seller. The substantive law for decision in any such action
shall be derived from the law, including choice of law principles,
of the State in which such acts of terrorism occurred, unless
such law is inconsistent with or preempted by Federal law.
Such Federal cause of action shall be brought only for claims
for injuries that are proximately caused by sellers that provide
qualified anti-terrorism technology to Federal and non-Federal
government customers.
(2) JURISDICTION.—Such appropriate district court of the
United States shall have original and exclusive jurisdiction
over all actions for any claim for loss of property, personal
injury, or death arising out of, relating to, or resulting from
an act of terrorism when qualified anti-terrorism technologies
have been deployed in defense against or response or recovery
from such act and such claims result or may result in loss
to the Seller.
(b) SPECIAL RULES.—In an action brought under this section
for damages the following provisions apply:
(1) PUNITIVE DAMAGES.—No punitive damages intended to
punish or deter, exemplary damages, or other damages not
intended to compensate a plaintiff for actual losses may be
awarded, nor shall any party be liable for interest prior to
the judgment.
(2) NONECONOMIC DAMAGES.—
(A) IN GENERAL.—Noneconomic damages may be
awarded against a defendant only in an amount directly
proportional to the percentage of responsibility of such
defendant for the harm to the plaintiff, and no plaintiff
may recover noneconomic damages unless the plaintiff suffered physical harm.
(B) DEFINITION.—For purposes of subparagraph (A),
the term ‘‘noneconomic damages’’ means damages for losses
for physical and emotional pain, suffering, inconvenience,
physical impairment, mental anguish, disfigurement, loss
of enjoyment of life, loss of society and companionship,
loss of consortium, hedonic damages, injury to reputation,
and any other nonpecuniary losses.

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116 STAT. 2240

Applicability.

6 USC 443.

PUBLIC LAW 107–296—NOV. 25, 2002

(c) COLLATERAL SOURCES.—Any recovery by a plaintiff in an
action under this section shall be reduced by the amount of collateral source compensation, if any, that the plaintiff has received
or is entitled to receive as a result of such acts of terrorism that
result or may result in loss to the Seller.
(d) GOVERNMENT CONTRACTOR DEFENSE.—
(1) IN GENERAL.—Should a product liability or other lawsuit
be filed for claims arising out of, relating to, or resulting from
an act of terrorism when qualified anti-terrorism technologies
approved by the Secretary, as provided in paragraphs (2) and
(3) of this subsection, have been deployed in defense against
or response or recovery from such act and such claims result
or may result in loss to the Seller, there shall be a rebuttable
presumption that the government contractor defense applies
in such lawsuit. This presumption shall only be overcome by
evidence showing that the Seller acted fraudulently or with
willful misconduct in submitting information to the Secretary
during the course of the Secretary’s consideration of such technology under this subsection. This presumption of the government contractor defense shall apply regardless of whether the
claim against the Seller arises from a sale of the product
to Federal Government or non-Federal Government customers.
(2) EXCLUSIVE RESPONSIBILITY.—The Secretary will be
exclusively responsible for the review and approval of antiterrorism technology for purposes of establishing a government
contractor defense in any product liability lawsuit for claims
arising out of, relating to, or resulting from an act of terrorism
when qualified anti-terrorism technologies approved by the Secretary, as provided in this paragraph and paragraph (3), have
been deployed in defense against or response or recovery from
such act and such claims result or may result in loss to the
Seller. Upon the Seller’s submission to the Secretary for
approval of anti-terrorism technology, the Secretary will conduct a comprehensive review of the design of such technology
and determine whether it will perform as intended, conforms
to the Seller’s specifications, and is safe for use as intended.
The Seller will conduct safety and hazard analyses on such
technology and will supply the Secretary with all such information.
(3) CERTIFICATE.—For anti-terrorism technology reviewed
and approved by the Secretary, the Secretary will issue a
certificate of conformance to the Seller and place the antiterrorism technology on an Approved Product List for Homeland
Security.
(e) EXCLUSION.—Nothing in this section shall in any way limit
the ability of any person to seek any form of recovery from any
person, government, or other entity that—
(1) attempts to commit, knowingly participates in, aids
and abets, or commits any act of terrorism, or any criminal
act related to or resulting from such act of terrorism; or
(2) participates in a conspiracy to commit any such act
of terrorism or any such criminal act.
SEC. 864. RISK MANAGEMENT.

(a) IN GENERAL.—

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PUBLIC LAW 107–296—NOV. 25, 2002

116 STAT. 2241

(1) LIABILITY INSURANCE REQUIRED.—Any person or entity
that sells or otherwise provides a qualified anti-terrorism technology to Federal and non-Federal Government customers
(‘‘Seller’’) shall obtain liability insurance of such types and
in such amounts as shall be required in accordance with this
section and certified by the Secretary to satisfy otherwise
compensable third-party claims arising out of, relating to, or
resulting from an act of terrorism when qualified anti-terrorism
technologies have been deployed in defense against or response
or recovery from such act.
(2) MAXIMUM AMOUNT.—For the total claims related to
1 such act of terrorism, the Seller is not required to obtain
liability insurance of more than the maximum amount of
liability insurance reasonably available from private sources
on the world market at prices and terms that will not unreasonably distort the sales price of Seller’s anti-terrorism technologies.
(3) SCOPE OF COVERAGE.—Liability insurance obtained
pursuant to this subsection shall, in addition to the Seller,
protect the following, to the extent of their potential liability
for involvement in the manufacture, qualification, sale, use,
or operation of qualified anti-terrorism technologies deployed
in defense against or response or recovery from an act of
terrorism:
(A) Contractors, subcontractors, suppliers, vendors and
customers of the Seller.
(B) Contractors, subcontractors, suppliers, and vendors
of the customer.
(4) THIRD PARTY CLAIMS.—Such liability insurance under
this section shall provide coverage against third party claims
arising out of, relating to, or resulting from the sale or use
of anti-terrorism technologies.
(b) RECIPROCAL WAIVER OF CLAIMS.—The Seller shall enter
into a reciprocal waiver of claims with its contractors, subcontractors, suppliers, vendors and customers, and contractors and subcontractors of the customers, involved in the manufacture, sale,
use or operation of qualified anti-terrorism technologies, under
which each party to the waiver agrees to be responsible for losses,
including business interruption losses, that it sustains, or for losses
sustained by its own employees resulting from an activity resulting
from an act of terrorism when qualified anti-terrorism technologies
have been deployed in defense against or response or recovery
from such act.
(c) EXTENT OF LIABILITY.—Notwithstanding any other provision
of law, liability for all claims against a Seller arising out of, relating
to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or
response or recovery from such act and such claims result or may
result in loss to the Seller, whether for compensatory or punitive
damages or for contribution or indemnity, shall not be in an amount
greater than the limits of liability insurance coverage required
to be maintained by the Seller under this section.
SEC. 865. DEFINITIONS.

6 USC 444.

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’’

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116 STAT. 2242

PUBLIC LAW 107–296—NOV. 25, 2002
means any product, equipment, service (including support services), device, or technology (including information technology)
designed, developed, modified, or procured for the specific purpose of preventing, detecting, identifying, or deterring acts of
terrorism or limiting the harm such acts might otherwise cause,
that is designated as such by the Secretary.
(2) ACT OF TERRORISM.—(A) The term ‘‘act of terrorism’’
means any act that the Secretary determines meets the requirements under subparagraph (B), as such requirements are further defined and specified by the Secretary.
(B) REQUIREMENTS.—An act meets the requirements of this
subparagraph if the act—
(i) is unlawful;
(ii) causes harm to a person, property, or entity, in
the United States, or in the case of a domestic United
States air carrier or a United States-flag vessel (or a vessel
based principally in the United States on which United
States income tax is paid and whose insurance coverage
is subject to regulation in the United States), in or outside
the United States; and
(iii) uses or attempts to use instrumentalities, weapons
or other methods designed or intended to cause mass
destruction, injury or other loss to citizens or institutions
of the United States.
(3) INSURANCE CARRIER.—The term ‘‘insurance carrier’’
means any corporation, association, society, order, firm, company, mutual, partnership, individual aggregation of individuals, or any other legal entity that provides commercial property and casualty insurance. Such term includes any affiliates
of a commercial insurance carrier.
(4) LIABILITY INSURANCE.—
(A) IN GENERAL.—The term ‘‘liability insurance’’ means
insurance for legal liabilities incurred by the insured
resulting from—
(i) loss of or damage to property of others;
(ii) ensuing loss of income or extra expense
incurred because of loss of or damage to property of
others;
(iii) bodily injury (including) to persons other than
the insured or its employees; or
(iv) loss resulting from debt or default of another.
(5) LOSS.—The term ‘‘loss’’ means death, bodily injury, or
loss of or damage to property, including business interruption
loss.
(6) NON-FEDERAL GOVERNMENT CUSTOMERS.—The term
‘‘non-Federal Government customers’’ means any customer of
a Seller that is not an agency or instrumentality of the United
States Government with authority under Public Law 85–804
to provide for indemnification under certain circumstances for
third-party claims against its contractors, including but not
limited to State and local authorities and commercial entities.

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116 STAT. 2243

Subtitle H—Miscellaneous Provisions
SEC. 871. ADVISORY COMMITTEES.

6 USC 451.

(a) IN GENERAL.—The Secretary may establish, appoint members of, and use the services of, advisory committees, as the Secretary may deem necessary. An advisory committee established
under this section may be exempted by the Secretary from Public
Law 92–463, but the Secretary shall publish notice in the Federal
Register announcing the establishment of such a committee and
identifying its purpose and membership. Notwithstanding the preceding sentence, members of an advisory committee that is
exempted by the Secretary under the preceding sentence who are
special Government employees (as that term is defined in section
202 of title 18, United States Code) shall be eligible for certifications
under subsection (b)(3) of section 208 of title 18, United States
Code, for official actions taken as a member of such advisory committee.
(b) TERMINATION.—Any advisory committee established by the
Secretary shall terminate 2 years after the date of its establishment,
unless the Secretary makes a written determination to extend the
advisory committee to a specified date, which shall not be more
than 2 years after the date on which such determination is made.
The Secretary may make any number of subsequent extensions
consistent with this subsection.
SEC. 872. REORGANIZATION.

6 USC 452.

(a) REORGANIZATION.—The Secretary may allocate or reallocate
functions among the officers of the Department, and may establish,
consolidate, alter, or discontinue organizational units within the
Department, but only—
(1) pursuant to section 1502(b); or
(2) after the expiration of 60 days after providing notice
of such action to the appropriate congressional committees,
which shall include an explanation of the rationale for the
action.
(b) LIMITATIONS.—
(1) IN GENERAL.—Authority under subsection (a)(1) does
not extend to the abolition of any agency, entity, organizational
unit, program, or function established or required to be maintained by this Act.
(2) ABOLITIONS.—Authority under subsection (a)(2) does
not extend to the abolition of any agency, entity, organizational
unit, program, or function established or required to be maintained by statute.
SEC. 873. USE OF APPROPRIATED FUNDS.

6 USC 453.

(a) DISPOSAL OF PROPERTY.—
(1) STRICT COMPLIANCE.—If specifically authorized to dispose of real property in this or any other Act, the Secretary
shall exercise this authority in strict compliance with section
204 of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 485).
(2) DEPOSIT OF PROCEEDS.—The Secretary shall deposit
the proceeds of any exercise of property disposal authority
into the miscellaneous receipts of the Treasury in accordance
with section 3302(b) of title 31, United States Code.

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116 STAT. 2244

President.

6 USC 454.

Deadline.

PUBLIC LAW 107–296—NOV. 25, 2002

(b) GIFTS.—Gifts or donations of services or property of or
for the Department may not be accepted, used, or disposed of
unless specifically permitted in advance in an appropriations Act
and only under the conditions and for the purposes specified in
such appropriations Act.
(c) BUDGET REQUEST.—Under section 1105 of title 31, United
States Code, the President shall submit to Congress a detailed
budget request for the Department for fiscal year 2004, and for
each subsequent fiscal year.
SEC. 874. FUTURE YEAR HOMELAND SECURITY PROGRAM.

(a) IN GENERAL.—Each budget request submitted to Congress
for the Department under section 1105 of title 31, United States
Code, shall, at or about the same time, be accompanied by a
Future Years Homeland Security Program.
(b) CONTENTS.—The Future Years Homeland Security Program
under subsection (a) shall be structured, and include the same
type of information and level of detail, as the Future Years Defense
Program submitted to Congress by the Department of Defense
under section 221 of title 10, United States Code.
(c) EFFECTIVE DATE.—This section shall take effect with respect
to the preparation and submission of the fiscal year 2005 budget
request for the Department and for any subsequent fiscal year,
except that the first Future Years Homeland Security Program
shall be submitted not later than 90 days after the Department’s
fiscal year 2005 budget request is submitted to Congress.

6 USC 455.

SEC. 875. MISCELLANEOUS AUTHORITIES.

President.

(a) SEAL.—The Department shall have a seal, whose design
is subject to the approval of the President.
(b) PARTICIPATION OF MEMBERS OF THE ARMED FORCES.—With
respect to the Department, the Secretary shall have the same
authorities that the Secretary of Transportation has with respect
to the Department of Transportation under section 324 of title
49, United States Code.
(c) REDELEGATION OF FUNCTIONS.—Unless otherwise provided
in the delegation or by law, any function delegated under this
Act may be redelegated to any subordinate.

6 USC 456.

SEC. 876. MILITARY ACTIVITIES.

Nothing in this Act shall confer upon the Secretary any
authority to engage in warfighting, the military defense of the
United States, or other military activities, nor shall anything in
this Act limit the existing authority of the Department of Defense
or the Armed Forces to engage in warfighting, the military defense
of the United States, or other military activities.
6 USC 457.

SEC. 877. REGULATORY AUTHORITY AND PREEMPTION.

(a) REGULATORY AUTHORITY.—Except as otherwise provided in
sections 306(c), 862(c), and 1706(b), this Act vests no new regulatory
authority in the Secretary or any other Federal official, and transfers to the Secretary or another Federal official only such regulatory
authority as exists on the date of enactment of this Act within
any agency, program, or function transferred to the Department
pursuant to this Act, or that on such date of enactment is exercised
by another official of the executive branch with respect to such
agency, program, or function. Any such transferred authority may
not be exercised by an official from whom it is transferred upon

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116 STAT. 2245

transfer of such agency, program, or function to the Secretary
or another Federal official pursuant to this Act. This Act may
not be construed as altering or diminishing the regulatory authority
of any other executive agency, except to the extent that this Act
transfers such authority from the agency.
(b) PREEMPTION OF STATE OR LOCAL LAW.—Except as otherwise
provided in this Act, this Act preempts no State or local law,
except that any authority to preempt State or local law vested
in any Federal agency or official transferred to the Department
pursuant to this Act shall be transferred to the Department effective
on the date of the transfer to the Department of that Federal
agency or official.
SEC. 878. COUNTERNARCOTICS OFFICER.

6 USC 458.

The Secretary shall appoint a senior official in the Department
to assume primary responsibility for coordinating policy and operations within the Department and between the Department and
other Federal departments and agencies with respect to interdicting
the entry of illegal drugs into the United States, and tracking
and severing connections between illegal drug trafficking and terrorism. Such official shall—
(1) ensure the adequacy of resources within the Department
for illicit drug interdiction; and
(2) serve as the United States Interdiction Coordinator
for the Director of National Drug Control Policy.
6 USC 459.

SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS.

(a) ESTABLISHMENT.—There is established within the Office
of the Secretary an Office of International Affairs. The Office shall
be headed by a Director, who shall be a senior official appointed
by the Secretary.
(b) DUTIES OF THE DIRECTOR.—The Director shall have the
following duties:
(1) To promote information and education exchange with
nations friendly to the United States in order to promote
sharing of best practices and technologies relating to homeland
security. Such exchange shall include the following:
(A) Exchange of information on research and development on homeland security technologies.
(B) Joint training exercises of first responders.
(C) Exchange of expertise on terrorism prevention,
response, and crisis management.
(2) To identify areas for homeland security information
and training exchange where the United States has a demonstrated weakness and another friendly nation or nations
have a demonstrated expertise.
(3) To plan and undertake international conferences,
exchange programs, and training activities.
(4) To manage international activities within the Department in coordination with other Federal officials with responsibility for counter-terrorism matters.
SEC. 880. PROHIBITION OF THE TERRORISM INFORMATION AND
PREVENTION SYSTEM.

6 USC 460.

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.

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PUBLIC LAW 107–296—NOV. 25, 2002

Deadline.
6 USC 461.

SEC. 881. REVIEW OF PAY AND BENEFIT PLANS.

6 USC 462.

SEC. 882. OFFICE FOR NATIONAL CAPITAL REGION COORDINATION.

Notwithstanding any other provision of this Act, the Secretary
shall, in consultation with the Director of the Office of Personnel
Management, review the pay and benefit plans of each agency
whose functions are transferred under this Act to the Department
and, within 90 days after the date of enactment, submit a plan
to the President of the Senate and the Speaker of the House
of Representatives and the appropriate committees and subcommittees of Congress, for ensuring, to the maximum extent practicable,
the elimination of disparities in pay and benefits throughout the
Department, especially among law enforcement personnel, that are
inconsistent with merit system principles set forth in section 2301
of title 5, United States Code.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established within the Office
of the Secretary the Office of National Capital Region Coordination, to oversee and coordinate Federal programs for and relationships with State, local, and regional authorities in the
National Capital Region, as defined under section 2674(f)(2)
of title 10, United States Code.
(2) DIRECTOR.—The Office established under paragraph (1)
shall be headed by a Director, who shall be appointed by
the Secretary.
(3) COOPERATION.—The Secretary shall cooperate with the
Mayor of the District of Columbia, the Governors of Maryland
and Virginia, and other State, local, and regional officers in
the National Capital Region to integrate the District of
Columbia, Maryland, and Virginia into the planning, coordination, and execution of the activities of the Federal Government
for the enhancement of domestic preparedness against the consequences of terrorist attacks.
(b) RESPONSIBILITIES.—The Office established under subsection
(a)(1) shall—
(1) coordinate the activities of the Department relating
to the National Capital Region, including cooperation with the
Office for State and Local Government Coordination;
(2) assess, and advocate for, the resources needed by State,
local, and regional authorities in the National Capital Region
to implement efforts to secure the homeland;
(3) provide State, local, and regional authorities in the
National Capital Region with regular information, research,
and technical support to assist the efforts of State, local, and
regional authorities in the National Capital Region in securing
the homeland;
(4) develop a process for receiving meaningful input from
State, local, and regional authorities and the private sector
in the National Capital Region to assist in the development
of the homeland security plans and activities of the Federal
Government;
(5) coordinate with Federal agencies in the National Capital
Region on terrorism preparedness, to ensure adequate planning,
information sharing, training, and execution of the Federal
role in domestic preparedness activities;
(6) coordinate with Federal, State, local, and regional agencies, and the private sector in the National Capital Region

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116 STAT. 2247

on terrorism preparedness to ensure adequate planning,
information sharing, training, and execution of domestic
preparedness activities among these agencies and entities; and
(7) serve as a liaison between the Federal Government
and State, local, and regional authorities, and private sector
entities in the National Capital Region to facilitate access to
Federal grants and other programs.
(c) ANNUAL REPORT.—The Office established under subsection
(a) shall submit an annual report to Congress that includes—
(1) the identification of the resources required to fully
implement homeland security efforts in the National Capital
Region;
(2) an assessment of the progress made by the National
Capital Region in implementing homeland security efforts; and
(3) recommendations to Congress regarding the additional
resources needed to fully implement homeland security efforts
in the National Capital Region.
(d) LIMITATION.—Nothing contained in this section shall be
construed as limiting the power of State and local governments.
SEC. 883. REQUIREMENT TO COMPLY WITH LAWS PROTECTING EQUAL
EMPLOYMENT OPPORTUNITY AND PROVIDING WHISTLEBLOWER PROTECTIONS.

6 USC 463.

Nothing in this Act shall be construed as exempting the Department from requirements applicable with respect to executive
agencies—
(1) to provide equal employment protection for employees
of the Department (including pursuant to the provisions in
section 2302(b)(1) of title 5, United States Code, and the
Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (Public Law 107–174)); or
(2) to provide whistleblower protections for employees of
the Department (including pursuant to the provisions in section
2302(b)(8) and (9) of such title and the Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002).
SEC. 884. FEDERAL LAW ENFORCEMENT TRAINING CENTER.

6 USC 464.

(a) IN GENERAL.—The transfer of an authority or an agency
under this Act to the Department of Homeland Security does not
affect training agreements already entered into with the Federal
Law Enforcement Training Center with respect to the training
of personnel to carry out that authority or the duties of that transferred agency.
(b) CONTINUITY OF OPERATIONS.—All activities of the Federal
Law Enforcement Training Center transferred to the Department
of Homeland Security under this Act shall continue to be carried
out at the locations such activities were carried out before such
transfer.
SEC. 885. JOINT INTERAGENCY TASK FORCE.

6 USC 465.

(a) ESTABLISHMENT.—The Secretary may establish and operate
a permanent Joint Interagency Homeland Security Task Force composed of representatives from military and civilian agencies of the
United States Government for the purposes of anticipating terrorist
threats against the United States and taking appropriate actions
to prevent harm to the United States.
(b) STRUCTURE.—It is the sense of Congress that the Secretary
should model the Joint Interagency Homeland Security Task Force

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on the approach taken by the Joint Interagency Task Forces for
drug interdiction at Key West, Florida and Alameda, California,
to the maximum extent feasible and appropriate.
6 USC 466.

SEC. 886. SENSE OF CONGRESS REAFFIRMING THE CONTINUED IMPORTANCE AND APPLICABILITY OF THE POSSE COMITATUS
ACT.

(a) FINDINGS.—Congress finds the following:
(1) Section 1385 of title 18, United States Code (commonly
known as the ‘‘Posse Comitatus Act’’), prohibits the use of
the Armed Forces as a posse comitatus to execute the laws
except in cases and under circumstances expressly authorized
by the Constitution or Act of Congress.
(2) Enacted in 1878, the Posse Comitatus Act was expressly
intended to prevent United States Marshals, on their own
initiative, from calling on the Army for assistance in enforcing
Federal law.
(3) The Posse Comitatus Act has served the Nation well
in limiting the use of the Armed Forces to enforce the law.
(4) Nevertheless, by its express terms, the Posse Comitatus
Act is not a complete barrier to the use of the Armed Forces
for a range of domestic purposes, including law enforcement
functions, when the use of the Armed Forces is authorized
by Act of Congress or the President determines that the use
of the Armed Forces is required to fulfill the President’s obligations under the Constitution to respond promptly in time of
war, insurrection, or other serious emergency.
(5) Existing laws, including chapter 15 of title 10, United
States Code (commonly known as the ‘‘Insurrection Act’’), and
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), grant the President broad
powers that may be invoked in the event of domestic emergencies, including an attack against the Nation using weapons
of mass destruction, and these laws specifically authorize the
President to use the Armed Forces to help restore public order.
(b) SENSE OF CONGRESS.—Congress reaffirms the continued
importance of section 1385 of title 18, United States Code, and
it is the sense of Congress that nothing in this Act should be
construed to alter the applicability of such section to any use
of the Armed Forces as a posse comitatus to execute the laws.
6 USC 467.

SEC. 887. COORDINATION WITH THE DEPARTMENT OF HEALTH AND
HUMAN SERVICES UNDER THE PUBLIC HEALTH SERVICE
ACT.

(a) IN GENERAL.—The annual Federal response plan developed
by the Department shall be consistent with section 319 of the
Public Health Service Act (42 U.S.C. 247d).
(b) DISCLOSURES AMONG RELEVANT AGENCIES.—
(1) IN GENERAL.—Full disclosure among relevant agencies
shall be made in accordance with this subsection.
(2) PUBLIC HEALTH EMERGENCY.—During the period in
which the Secretary of Health and Human Services has
declared the existence of a public health emergency under
section 319(a) of the Public Health Service Act (42 U.S.C.
247d(a)), the Secretary of Health and Human Services shall
keep relevant agencies, including the Department of Homeland
Security, the Department of Justice, and the Federal Bureau
of Investigation, fully and currently informed.

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116 STAT. 2249

(3) POTENTIAL PUBLIC HEALTH EMERGENCY.—In cases
involving, or potentially involving, a public health emergency,
but in which no determination of an emergency by the Secretary
of Health and Human Services under section 319(a) of the
Public Health Service Act (42 U.S.C. 247d(a)), has been made,
all relevant agencies, including the Department of Homeland
Security, the Department of Justice, and the Federal Bureau
of Investigation, shall keep the Secretary of Health and Human
Services and the Director of the Centers for Disease Control
and Prevention fully and currently informed.
SEC. 888. PRESERVING COAST GUARD MISSION PERFORMANCE.

6 USC 468.

(a) DEFINITIONS.—In this section:
(1) NON-HOMELAND SECURITY MISSIONS.—The term ‘‘nonhomeland security missions’’ means the following missions of
the Coast Guard:
(A) Marine safety.
(B) Search and rescue.
(C) Aids to navigation.
(D) Living marine resources (fisheries law enforcement).
(E) Marine environmental protection.
(F) Ice operations.
(2) HOMELAND SECURITY MISSIONS.—The term ‘‘homeland
security missions’’ means the following missions of the Coast
Guard:
(A) Ports, waterways and coastal security.
(B) Drug interdiction.
(C) Migrant interdiction.
(D) Defense readiness.
(E) Other law enforcement.
(b) TRANSFER.—There are transferred to the Department the
authorities, functions, personnel, and assets of the Coast Guard,
which shall be maintained as a distinct entity within the Department, including the authorities and functions of the Secretary of
Transportation relating thereto.
(c) MAINTENANCE OF STATUS OF FUNCTIONS AND ASSETS.—Notwithstanding any other provision of this Act, the authorities, functions, and capabilities of the Coast Guard to perform its missions
shall be maintained intact and without significant reduction after
the transfer of the Coast Guard to the Department, except as
specified in subsequent Acts.
(d) CERTAIN TRANSFERS PROHIBITED.—No mission, function, or
asset (including for purposes of this subsection any ship, aircraft,
or helicopter) of the Coast Guard may be diverted to the principal
and continuing use of any other organization, unit, or entity of
the Department, except for details or assignments that do not
reduce the Coast Guard’s capability to perform its missions.
(e) CHANGES TO MISSIONS.—
(1) PROHIBITION.—The Secretary may not substantially or
significantly reduce the missions of the Coast Guard or the
Coast Guard’s capability to perform those missions, except as
specified in subsequent Acts.
(2) WAIVER.—The Secretary may waive the restrictions
under paragraph (1) for a period of not to exceed 90 days
upon a declaration and certification by the Secretary to Congress that a clear, compelling, and immediate need exists for

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PUBLIC LAW 107–296—NOV. 25, 2002

such a waiver. A certification under this paragraph shall
include a detailed justification for the declaration and certification, including the reasons and specific information that demonstrate that the Nation and the Coast Guard cannot respond
effectively if the restrictions under paragraph (1) are not
waived.
(f) ANNUAL REVIEW.—
(1) IN GENERAL.—The Inspector General of the Department
shall conduct an annual review that shall assess thoroughly
the performance by the Coast Guard of all missions of the
Coast Guard (including non-homeland security missions and
homeland security missions) with a particular emphasis on
examining the non-homeland security missions.
(2) REPORT.—The report under this paragraph shall be
submitted to—
(A) the Committee on Governmental Affairs of the
Senate;
(B) the Committee on Government Reform of the House
of Representatives;
(C) the Committees on Appropriations of the Senate
and the House of Representatives;
(D) the Committee on Commerce, Science, and
Transportation of the Senate; and
(E) the Committee on Transportation and Infrastructure of the House of Representatives.
(g) DIRECT REPORTING TO SECRETARY.—Upon the transfer of
the Coast Guard to the Department, the Commandant shall report
directly to the Secretary without being required to report through
any other official of the Department.
(h) OPERATION AS A SERVICE IN THE NAVY.—None of the conditions and restrictions in this section shall apply when the Coast
Guard operates as a service in the Navy under section 3 of title
14, United States Code.
(i) REPORT ON ACCELERATING THE INTEGRATED DEEPWATER
SYSTEM.—Not later than 90 days after the date of enactment of
this Act, the Secretary, in consultation with the Commandant of
the Coast Guard, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee
on Transportation and Infrastructure of the House of Representatives, and the Committees on Appropriations of the Senate and
the House of Representatives that—
(1) analyzes the feasibility of accelerating the rate of
procurement in the Coast Guard’s Integrated Deepwater
System from 20 years to 10 years;
(2) includes an estimate of additional resources required;
(3) describes the resulting increased capabilities;
(4) outlines any increases in the Coast Guard’s homeland
security readiness;
(5) describes any increases in operational efficiencies; and
(6) provides a revised asset phase-in time line.
SEC. 889. HOMELAND SECURITY FUNDING ANALYSIS IN PRESIDENT’S
BUDGET.

(a) IN GENERAL.—Section 1105(a) of title 31, United States
Code, is amended by adding at the end the following:

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116 STAT. 2251

‘‘(33)(A)(i) a detailed, separate analysis, by budget function,
by agency, and by initiative area (as determined by the administration) for the prior fiscal year, the current fiscal year, the
fiscal years for which the budget is submitted, and the ensuing
fiscal year identifying the amounts of gross and net appropriations or obligational authority and outlays that contribute to
homeland security, with separate displays for mandatory and
discretionary amounts, including—
‘‘(I) summaries of the total amount of such appropriations or new obligational authority and outlays requested
for homeland security;
‘‘(II) an estimate of the current service levels of homeland security spending;
‘‘(III) the most recent risk assessment and summary
of homeland security needs in each initiative area (as determined by the administration); and
‘‘(IV) an estimate of user fees collected by the Federal
Government on behalf of homeland security activities;
‘‘(ii) with respect to subclauses (I) through (IV) of clause
(i), amounts shall be provided by account for each program,
project and activity; and
‘‘(iii) an estimate of expenditures for homeland security
activities by State and local governments and the private sector
for the prior fiscal year and the current fiscal year.
‘‘(B) In this paragraph, consistent with the Office of
Management and Budget’s June 2002 ‘Annual Report to Congress on Combatting Terrorism’, the term ‘homeland security’
refers to those activities that detect, deter, protect against,
and respond to terrorist attacks occurring within the United
States and its territories.
‘‘(C) In implementing this paragraph, including determining what Federal activities or accounts constitute homeland
security for purposes of budgetary classification, the Office of
Management and Budget is directed to consult periodically,
but at least annually, with the House and Senate Budget
Committees, the House and Senate Appropriations Committees,
and the Congressional Budget Office.’’.
(b) REPEAL OF DUPLICATIVE REPORTS.—The following sections
are repealed:
(1) Section 1051 of Public Law 105–85.
(2) Section 1403 of Public Law 105–261.
(c) EFFECTIVE DATE.—This section and the amendment made
by this section shall apply beginning with respect to the fiscal
year 2005 budget submission.

31 USC 1113
note.
50 USC 2301
note.
Applicability.
31 USC 1105
note.

SEC. 890. AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION
ACT.

The Air Transportation Safety and System Stabilization Act
(49 U.S.C. 40101 note) is amended—
(1) in section 408 by striking the last sentence of subsection
(c); and
(2) in section 402 by striking paragraph (1) and inserting
the following:
‘‘(1) AIR CARRIER.—The term ‘air carrier’ means a citizen
of the United States undertaking by any means, directly or
indirectly, to provide air transportation and includes employees

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PUBLIC LAW 107–296—NOV. 25, 2002
and agents (including persons engaged in the business of providing air transportation security and their affiliates) of such
citizen. For purposes of the preceding sentence, the term ‘agent’,
as applied to persons engaged in the business of providing
air transportation security, shall only include persons that have
contracted directly with the Federal Aviation Administration
on or after and commenced services no later than February
17, 2002, to provide such security, and had not been or are
not debarred for any period within 6 months from that date.’’.

Homeland
Security
Information
Sharing Act.
6 USC 481.

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Subtitle I—Information Sharing
SEC. 891. SHORT TITLE; FINDINGS; AND SENSE OF CONGRESS.

(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Homeland
Security Information Sharing Act’’.
(b) FINDINGS.—Congress finds the following:
(1) The Federal Government is required by the Constitution
to provide for the common defense, which includes terrorist
attack.
(2) The Federal Government relies on State and local personnel to protect against terrorist attack.
(3) The Federal Government collects, creates, manages,
and protects classified and sensitive but unclassified information to enhance homeland security.
(4) Some homeland security information is needed by the
State and local personnel to prevent and prepare for terrorist
attack.
(5) The needs of State and local personnel to have access
to relevant homeland security information to combat terrorism
must be reconciled with the need to preserve the protected
status of such information and to protect the sources and
methods used to acquire such information.
(6) Granting security clearances to certain State and local
personnel is one way to facilitate the sharing of information
regarding specific terrorist threats among Federal, State, and
local levels of government.
(7) Methods exist to declassify, redact, or otherwise adapt
classified information so it may be shared with State and
local personnel without the need for granting additional security
clearances.
(8) State and local personnel have capabilities and
opportunities to gather information on suspicious activities and
terrorist threats not possessed by Federal agencies.
(9) The Federal Government and State and local governments and agencies in other jurisdictions may benefit from
such information.
(10) Federal, State, and local governments and intelligence,
law enforcement, and other emergency preparation and
response agencies must act in partnership to maximize the
benefits of information gathering and analysis to prevent and
respond to terrorist attacks.
(11) Information systems, including the National Law
Enforcement Telecommunications System and the Terrorist
Threat Warning System, have been established for rapid
sharing of classified and sensitive but unclassified information
among Federal, State, and local entities.

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(12) Increased efforts to share homeland security information should avoid duplicating existing information systems.
(c) SENSE OF CONGRESS.—It is the sense of Congress that
Federal, State, and local entities should share homeland security
information to the maximum extent practicable, with special
emphasis on hard-to-reach urban and rural communities.
SEC.

892.

FACILITATING HOMELAND
SHARING PROCEDURES.

SECURITY

INFORMATION

President.
6 USC 482.

(a) PROCEDURES FOR DETERMINING EXTENT OF SHARING OF
HOMELAND SECURITY INFORMATION.—
(1) The President shall prescribe and implement procedures
under which relevant Federal agencies—
(A) share relevant and appropriate homeland security
information with other Federal agencies, including the
Department, and appropriate State and local personnel;
(B) identify and safeguard homeland security information that is sensitive but unclassified; and
(C) to the extent such information is in classified form,
determine whether, how, and to what extent to remove
classified information, as appropriate, and with which such
personnel it may be shared after such information is
removed.
(2) The President shall ensure that such procedures apply
to all agencies of the Federal Government.
(3) Such procedures shall not change the substantive
requirements for the classification and safeguarding of classified information.
(4) Such procedures shall not change the requirements
and authorities to protect sources and methods.
(b) PROCEDURES FOR SHARING OF HOMELAND SECURITY
INFORMATION.—
(1) Under procedures prescribed by the President, all appropriate agencies, including the intelligence community, shall,
through information sharing systems, share homeland security
information with Federal agencies and appropriate State and
local personnel to the extent such information may be shared,
as determined in accordance with subsection (a), together with
assessments of the credibility of such information.
(2) Each information sharing system through which
information is shared under paragraph (1) shall—
(A) have the capability to transmit unclassified or
classified information, though the procedures and recipients
for each capability may differ;
(B) have the capability to restrict delivery of information to specified subgroups by geographic location, type
of organization, position of a recipient within an organization, or a recipient’s need to know such information;
(C) be configured to allow the efficient and effective
sharing of information; and
(D) be accessible to appropriate State and local personnel.
(3) The procedures prescribed under paragraph (1) shall
establish conditions on the use of information shared under
paragraph (1)—

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(A) to limit the redissemination of such information
to ensure that such information is not used for an
unauthorized purpose;
(B) to ensure the security and confidentiality of such
information;
(C) to protect the constitutional and statutory rights
of any individuals who are subjects of such information;
and
(D) to provide data integrity through the timely
removal and destruction of obsolete or erroneous names
and information.
(4) The procedures prescribed under paragraph (1) shall
ensure, to the greatest extent practicable, that the information
sharing system through which information is shared under
such paragraph include existing information sharing systems,
including, but not limited to, the National Law Enforcement
Telecommunications System, the Regional Information Sharing
System, and the Terrorist Threat Warning System of the Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as determined by
the President, shall have access to each information sharing
system through which information is shared under paragraph
(1), and shall therefore have access to all information, as appropriate, shared under such paragraph.
(6) The procedures prescribed under paragraph (1) shall
ensure that appropriate State and local personnel are authorized to use such information sharing systems—
(A) to access information shared with such personnel;
and
(B) to share, with others who have access to such
information sharing systems, the homeland security
information of their own jurisdictions, which shall be
marked appropriately as pertaining to potential terrorist
activity.
(7) Under procedures prescribed jointly by the Director
of Central Intelligence and the Attorney General, each appropriate Federal agency, as determined by the President, shall
review and assess the information shared under paragraph
(6) and integrate such information with existing intelligence.
(c) SHARING OF CLASSIFIED INFORMATION AND SENSITIVE BUT
UNCLASSIFIED INFORMATION WITH STATE AND LOCAL PERSONNEL.—
(1) The President shall prescribe procedures under which
Federal agencies may, to the extent the President considers
necessary, share with appropriate State and local personnel
homeland security information that remains classified or otherwise protected after the determinations prescribed under the
procedures set forth in subsection (a).
(2) It is the sense of Congress that such procedures may
include 1 or more of the following means:
(A) Carrying out security clearance investigations with
respect to appropriate State and local personnel.
(B) With respect to information that is sensitive but
unclassified, entering into nondisclosure agreements with
appropriate State and local personnel.
(C) Increased use of information-sharing partnerships
that include appropriate State and local personnel, such
as the Joint Terrorism Task Forces of the Federal Bureau

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of Investigation, the Anti-Terrorism Task Forces of the
Department of Justice, and regional Terrorism Early
Warning Groups.
(d) RESPONSIBLE OFFICIALS.—For each affected Federal agency,
the head of such agency shall designate an official to administer
this Act with respect to such agency.
(e) FEDERAL CONTROL OF INFORMATION.—Under procedures prescribed under this section, information obtained by a State or local
government from a Federal agency under this section shall remain
under the control of the Federal agency, and a State or local
law authorizing or requiring such a government to disclose information shall not apply to such information.
(f) DEFINITIONS.—As used in this section:
(1) The term ‘‘homeland security information’’ means any
information possessed by a Federal, State, or local agency
that—
(A) relates to the threat of terrorist activity;
(B) relates to the ability to prevent, interdict, or disrupt
terrorist activity;
(C) would improve the identification or investigation
of a suspected terrorist or terrorist organization; or
(D) would improve the response to a terrorist act.
(2) The term ‘‘intelligence community’’ has the meaning
given such term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 401a(4)).
(3) The term ‘‘State and local personnel’’ means any of
the following persons involved in prevention, preparation, or
response for terrorist attack:
(A) State Governors, mayors, and other locally elected
officials.
(B) State and local law enforcement personnel and
firefighters.
(C) Public health and medical professionals.
(D) Regional, State, and local emergency management
agency personnel, including State adjutant generals.
(E) Other appropriate emergency response agency personnel.
(F) Employees of private-sector entities that affect critical infrastructure, cyber, economic, or public health security, as designated by the Federal Government in procedures developed pursuant to this section.
(4) The term ‘‘State’’ includes the District of Columbia
and any commonwealth, territory, or possession of the United
States.
(g) CONSTRUCTION.—Nothing in this Act shall be construed
as authorizing any department, bureau, agency, officer, or employee
of the Federal Government to request, receive, or transmit to any
other Government entity or personnel, or transmit to any State
or local entity or personnel otherwise authorized by this Act to
receive homeland security information, any information collected
by the Federal Government solely for statistical purposes in violation of any other provision of law relating to the confidentiality
of such information.

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SEC. 893. REPORT.

6 USC 483.

(a) REPORT REQUIRED.—Not later than 12 months after the
date of the enactment of this Act, the President shall submit to

Deadline.

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the congressional committees specified in subsection (b) a report
on the implementation of section 892. The report shall include
any recommendations for additional measures or appropriation
requests, beyond the requirements of section 892, to increase the
effectiveness of sharing of information between and among Federal,
State, and local entities.
(b) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional
committees referred to in subsection (a) are the following committees:
(1) The Permanent Select Committee on Intelligence and
the Committee on the Judiciary of the House of Representatives.
(2) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate.
6 USC 484.

SEC. 894. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may
be necessary to carry out section 892.
SEC. 895. AUTHORITY TO SHARE GRAND JURY INFORMATION.
18 USC app.

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Rule 6(e) of the Federal Rules of Criminal Procedure is
amended—
(1) in paragraph (2), by inserting ‘‘, or of guidelines jointly
issued by the Attorney General and Director of Central Intelligence pursuant to Rule 6,’’ after ‘‘Rule 6’’; and
(2) in paragraph (3)—
(A) in subparagraph (A)(ii), by inserting ‘‘or of a foreign
government’’ after ‘‘(including personnel of a state or subdivision of a state’’;
(B) in subparagraph (C)(i)—
(i) in subclause (I), by inserting before the semicolon the following: ‘‘or, upon a request by an attorney
for the government, when sought by a foreign court
or prosecutor for use in an official criminal investigation’’;
(ii) in subclause (IV)—
(I) by inserting ‘‘or foreign’’ after ‘‘may disclose
a violation of State’’;
(II) by inserting ‘‘or of a foreign government’’
after ‘‘to an appropriate official of a State or subdivision of a State’’; and
(III) by striking ‘‘or’’ at the end;
(iii) by striking the period at the end of subclause
(V) and inserting ‘‘; or’’; and
(iv) by adding at the end the following:
‘‘(VI) when matters involve a threat of actual or
potential attack or other grave hostile acts of a foreign
power or an agent of a foreign power, domestic or
international sabotage, domestic or international terrorism, or clandestine intelligence gathering activities
by an intelligence service or network of a foreign power
or by an agent of a foreign power, within the United
States or elsewhere, to any appropriate federal, state,
local, or foreign government official for the purpose
of preventing or responding to such a threat.’’; and
(C) in subparagraph (C)(iii)—
(i) by striking ‘‘Federal’’;

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(ii) by inserting ‘‘or clause (i)(VI)’’ after ‘‘clause
(i)(V)’’; and
(iii) by adding at the end the following: ‘‘Any state,
local, or foreign official who receives information pursuant to clause (i)(VI) shall use that information only
consistent with such guidelines as the Attorney General and Director of Central Intelligence shall jointly
issue.’’.
SEC. 896. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION INFORMATION.

Section 2517 of title 18, United States Code, is amended by
adding at the end the following:
‘‘(7) Any investigative or law enforcement officer, or other Federal official in carrying out official duties as such Federal official,
who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication,
or evidence derived therefrom, may disclose such contents or derivative evidence to a foreign investigative or law enforcement officer
to the extent that such disclosure is appropriate to the proper
performance of the official duties of the officer making or receiving
the disclosure, and foreign investigative or law enforcement officers
may use or disclose such contents or derivative evidence to the
extent such use or disclosure is appropriate to the proper performance of their official duties.
‘‘(8) Any investigative or law enforcement officer, or other Federal official in carrying out official duties as such Federal official,
who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication,
or evidence derived therefrom, may disclose such contents or derivative evidence to any appropriate Federal, State, local, or foreign
government official to the extent that such contents or derivative
evidence reveals a threat of actual or potential attack or other
grave hostile acts of a foreign power or an agent of a foreign
power, domestic or international sabotage, domestic or international
terrorism, or clandestine intelligence gathering activities by an
intelligence service or network of a foreign power or by an agent
of a foreign power, within the United States or elsewhere, for
the purpose of preventing or responding to such a threat. Any
official who receives information pursuant to this provision may
use that information only as necessary in the conduct of that
person’s official duties subject to any limitations on the unauthorized disclosure of such information, and any State, local, or foreign
official who receives information pursuant to this provision may
use that information only consistent with such guidelines as the
Attorney General and Director of Central Intelligence shall jointly
issue.’’.
SEC. 897. FOREIGN INTELLIGENCE INFORMATION.

(a) DISSEMINATION AUTHORIZED.—Section 203(d)(1) of the
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT)
Act of 2001 (Public Law 107–56; 50 U.S.C. 403–5d) is amended
by adding at the end the following: ‘‘Consistent with the responsibility of the Director of Central Intelligence to protect intelligence
sources and methods, and the responsibility of the Attorney General
to protect sensitive law enforcement information, it shall be lawful
for information revealing a threat of actual or potential attack

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or other grave hostile acts of a foreign power or an agent of a
foreign power, domestic or international sabotage, domestic or international terrorism, or clandestine intelligence gathering activities
by an intelligence service or network of a foreign power or by
an agent of a foreign power, within the United States or elsewhere,
obtained as part of a criminal investigation to be disclosed to
any appropriate Federal, State, local, or foreign government official
for the purpose of preventing or responding to such a threat. Any
official who receives information pursuant to this provision may
use that information only as necessary in the conduct of that
person’s official duties subject to any limitations on the unauthorized disclosure of such information, and any State, local, or foreign
official who receives information pursuant to this provision may
use that information only consistent with such guidelines as the
Attorney General and Director of Central Intelligence shall jointly
issue.’’.
(b) CONFORMING AMENDMENTS.—Section 203(c) of that Act is
amended—
(1) by striking ‘‘section 2517(6)’’ and inserting ‘‘paragraphs
(6) and (8) of section 2517 of title 18, United States Code,’’;
and
(2) by inserting ‘‘and (VI)’’ after ‘‘Rule 6(e)(3)(C)(i)(V)’’.

18 USC 2517
note.

SEC. 898. INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEILLANCE.

Section 106(k)(1) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1806) is amended by inserting after ‘‘law enforcement officers’’ the following: ‘‘or law enforcement personnel of a
State or political subdivision of a State (including the chief executive
officer of that State or political subdivision who has the authority
to appoint or direct the chief law enforcement officer of that State
or political subdivision)’’.
SEC. 899. INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.

Section 305(k)(1) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1825) is amended by inserting after ‘‘law enforcement officers’’ the following: ‘‘or law enforcement personnel of a
State or political subdivision of a State (including the chief executive
officer of that State or political subdivision who has the authority
to appoint or direct the chief law enforcement officer of that State
or political subdivision)’’.

TITLE IX—NATIONAL HOMELAND
SECURITY COUNCIL
Establishment.
6 USC 491.

SEC. 901. NATIONAL HOMELAND SECURITY COUNCIL.

6 USC 492.

SEC. 902. FUNCTION.

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’’).
The function of the Council shall be to advise the President
on homeland security matters.

6 USC 493.

SEC. 903. MEMBERSHIP.

The members of the Council shall be the following:
(1) The President.

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(2) The Vice President.
(3) The Secretary of Homeland Security.
(4) The Attorney General.
(5) The Secretary of Defense.
(6) Such other individuals as may be designated by the
President.
SEC. 904. OTHER FUNCTIONS AND ACTIVITIES.

6 USC 494.

For the purpose of more effectively coordinating the policies
and functions of the United States Government relating to homeland security, the Council shall—
(1) assess the objectives, commitments, and risks of the
United States in the interest of homeland security and to
make resulting recommendations to the President;
(2) oversee and review homeland security policies of the
Federal Government and to make resulting recommendations
to the President; and
(3) perform such other functions as the President may
direct.
SEC. 905. STAFF COMPOSITION.

The Council shall have a staff, the head of which shall be
a civilian Executive Secretary, who shall be appointed by the President. The President is authorized to fix the pay of the Executive
Secretary at a rate not to exceed the rate of pay payable to the
Executive Secretary of the National Security Council.
SEC. 906. RELATION TO THE NATIONAL SECURITY COUNCIL.

President.
6 USC 495.

6 USC 496.

The President may convene joint meetings of the Homeland
Security Council and the National Security Council with participation by members of either Council or as the President may otherwise
direct.

TITLE X—INFORMATION SECURITY
SEC. 1001. INFORMATION SECURITY.

(a) SHORT TITLE.—This title may be cited as the ‘‘Federal
Information Security Management Act of 2002’’.
(b) INFORMATION SECURITY.—
(1) IN GENERAL.—Subchapter II of chapter 35 of title 44,
United States Code, is amended to read as follows:

Federal
Information
Security
Management Act
of 2002.
6 USC 101 note.

‘‘SUBCHAPTER II—INFORMATION SECURITY
‘‘§ 3531. Purposes
‘‘The purposes of this subchapter are to—
‘‘(1) provide a comprehensive framework for ensuring the
effectiveness of information security controls over information
resources that support Federal operations and assets;
‘‘(2) recognize the highly networked nature of the current
Federal computing environment and provide effective
governmentwide management and oversight of the related
information security risks, including coordination of information
security efforts throughout the civilian, national security, and
law enforcement communities;

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‘‘(3) provide for development and maintenance of minimum
controls required to protect Federal information and information systems;
‘‘(4) provide a mechanism for improved oversight of Federal
agency information security programs;
‘‘(5) acknowledge that commercially developed information
security products offer advanced, dynamic, robust, and effective
information security solutions, reflecting market solutions for
the protection of critical information infrastructures important
to the national defense and economic security of the nation
that are designed, built, and operated by the private sector;
and
‘‘(6) recognize that the selection of specific technical hardware and software information security solutions should be
left to individual agencies from among commercially developed
products.’’.

Applicability.

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‘‘§ 3532. Definitions
‘‘(a) IN GENERAL.—Except as provided under subsection (b),
the definitions under section 3502 shall apply to this subchapter.
‘‘(b) ADDITIONAL DEFINITIONS.—As used in this subchapter—
‘‘(1) the term ‘information security’ means protecting
information and information systems from unauthorized access,
use, disclosure, disruption, modification, or destruction in order
to provide—
‘‘(A) integrity, which means guarding against improper
information modification or destruction, and includes
ensuring information nonrepudiation and authenticity;
‘‘(B) confidentiality, which means preserving authorized restrictions on access and disclosure, including means
for protecting personal privacy and proprietary information;
‘‘(C) availability, which means ensuring timely and
reliable access to and use of information; and
‘‘(D) authentication, which means utilizing digital
credentials to assure the identity of users and validate
their access;
‘‘(2) the term ‘national security system’ means any information system (including any telecommunications system) used
or operated by an agency or by a contractor of an agency,
or other organization on behalf of an agency, the function,
operation, or use of which—
‘‘(A) involves intelligence activities;
‘‘(B) involves cryptologic activities related to national
security;
‘‘(C) involves command and control of military forces;
‘‘(D) involves equipment that is an integral part of
a weapon or weapons system; or
‘‘(E) is critical to the direct fulfillment of military or
intelligence missions provided that this definition does not
apply to a system that is used for routine administrative
and business applications (including payroll, finance, logistics, and personnel management applications);
‘‘(3) the term ‘information technology’ has the meaning
given that term in section 11101 of title 40; and
‘‘(4) the term ‘information system’ means any equipment
or interconnected system or subsystems of equipment that is
used in the automatic acquisition, storage, manipulation,

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management, movement, control, display, switching, interchange, transmission, or reception of data or information, and
includes—
‘‘(A) computers and computer networks;
‘‘(B) ancillary equipment;
‘‘(C) software, firmware, and related procedures;
‘‘(D) services, including support services; and
‘‘(E) related resources.
‘‘§ 3533. Authority and functions of the Director
‘‘(a) The Director shall oversee agency information security
policies and practices, by—
‘‘(1) promulgating information security standards under
section 11331 of title 40;
‘‘(2) overseeing the implementation of policies, principles,
standards, and guidelines on information security;
‘‘(3) requiring agencies, consistent with the standards
promulgated under such section 11331 and the requirements
of this subchapter, to identify and provide information security
protections commensurate with the risk and magnitude of the
harm resulting from the unauthorized access, use, disclosure,
disruption, modification, or destruction of—
‘‘(A) information collected or maintained by or on behalf
of an agency; or
‘‘(B) information systems used or operated by an agency
or by a contractor of an agency or other organization on
behalf of an agency;
‘‘(4) coordinating the development of standards and guidelines under section 20 of the National Institute of Standards
and Technology Act (15 U.S.C. 278g–3) with agencies and offices
operating or exercising control of national security systems
(including the National Security Agency) to assure, to the maximum extent feasible, that such standards and guidelines are
complementary with standards and guidelines developed for
national security systems;
‘‘(5) overseeing agency compliance with the requirements
of this subchapter, including through any authorized action
under section 11303(b)(5) of title 40, to enforce accountability
for compliance with such requirements;
‘‘(6) reviewing at least annually, and approving or disapproving, agency information security programs required
under section 3534(b);
‘‘(7) coordinating information security policies and procedures with related information resources management policies
and procedures; and
‘‘(8) reporting to Congress no later than March 1 of each
year on agency compliance with the requirements of this subchapter, including—
‘‘(A) a summary of the findings of evaluations required
by section 3535;
‘‘(B) significant deficiencies in agency information security practices;
‘‘(C) planned remedial action to address such deficiencies; and
‘‘(D) a summary of, and the views of the Director
on, the report prepared by the National Institute of Standards and Technology under section 20(d)(9) of the National

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Deadline.

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Institute of Standards and Technology Act (15 U.S.C. 278g–
3).
‘‘(b) Except for the authorities described in paragraphs (4) and
(7) of subsection (a), the authorities of the Director under this
section shall not apply to national security systems.
‘‘§ 3534. Federal agency responsibilities
‘‘(a) The head of each agency shall—
‘‘(1) be responsible for—
‘‘(A) providing information security protections
commensurate with the risk and magnitude of the harm
resulting from unauthorized access, use, disclosure, disruption, modification, or destruction of—
‘‘(i) information collected or maintained by or on
behalf of the agency; and
‘‘(ii) information systems used or operated by an
agency or by a contractor of an agency or other
organization on behalf of an agency;
‘‘(B) complying with the requirements of this subchapter and related policies, procedures, standards, and
guidelines, including—
‘‘(i) information security standards promulgated by
the Director under section 11331 of title 40; and
‘‘(ii) information security standards and guidelines
for national security systems issued in accordance with
law and as directed by the President; and
‘‘(C) ensuring that information security management
processes are integrated with agency strategic and operational planning processes;
‘‘(2) ensure that senior agency officials provide information
security for the information and information systems that support the operations and assets under their control, including
through—
‘‘(A) assessing the risk and magnitude of the harm
that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of such
information or information systems;
‘‘(B) determining the levels of information security
appropriate to protect such information and information
systems in accordance with standards promulgated under
section 11331 of title 40 for information security classifications and related requirements;
‘‘(C) implementing policies and procedures to cost-effectively reduce risks to an acceptable level; and
‘‘(D) periodically testing and evaluating information
security controls and techniques to ensure that they are
effectively implemented;
‘‘(3) delegate to the agency Chief Information Officer established under section 3506 (or comparable official in an agency
not covered by such section) the authority to ensure compliance
with the requirements imposed on the agency under this subchapter, including—
‘‘(A) designating a senior agency information security
officer who shall—
‘‘(i) carry out the Chief Information Officer’s
responsibilities under this section;

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‘‘(ii) possess professional qualifications, including
training and experience, required to administer the
functions described under this section;
‘‘(iii) have information security duties as that official’s primary duty; and
‘‘(iv) head an office with the mission and resources
to assist in ensuring agency compliance with this section;
‘‘(B) developing and maintaining an agencywide
information security program as required by subsection
(b);
‘‘(C) developing and maintaining information security
policies, procedures, and control techniques to address all
applicable requirements, including those issued under section 3533 of this title, and section 11331 of title 40;
‘‘(D) training and overseeing personnel with significant
responsibilities for information security with respect to
such responsibilities; and
‘‘(E) assisting senior agency officials concerning their
responsibilities under paragraph (2);
‘‘(4) ensure that the agency has trained personnel sufficient
to assist the agency in complying with the requirements of
this subchapter and related policies, procedures, standards,
and guidelines; and
‘‘(5) ensure that the agency Chief Information Officer, in
coordination with other senior agency officials, reports annually
to the agency head on the effectiveness of the agency information security program, including progress of remedial actions.
‘‘(b) Each agency shall develop, document, and implement an
agencywide information security program, approved by the Director
under section 3533(a)(5), to provide information security for the
information and information systems that support the operations
and assets of the agency, including those provided or managed
by another agency, contractor, or other source, that includes—
‘‘(1) periodic assessments of the risk and magnitude of
the harm that could result from the unauthorized access, use,
disclosure, disruption, modification, or destruction of information and information systems that support the operations and
assets of the agency;
‘‘(2) policies and procedures that—
‘‘(A) are based on the risk assessments required by
paragraph (1);
‘‘(B) cost-effectively reduce information security risks
to an acceptable level;
‘‘(C) ensure that information security is addressed
throughout the life cycle of each agency information system;
and
‘‘(D) ensure compliance with—
‘‘(i) the requirements of this subchapter;
‘‘(ii) policies and procedures as may be prescribed
by the Director, and information security standards
promulgated under section 11331 of title 40;
‘‘(iii) minimally acceptable system configuration
requirements, as determined by the agency; and
‘‘(iv) any other applicable requirements, including
standards and guidelines for national security systems

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116 STAT. 2264

issued in accordance with law and as directed by the
President;
‘‘(3) subordinate plans for providing adequate information
security for networks, facilities, and systems or groups of
information systems, as appropriate;
‘‘(4) security awareness training to inform personnel,
including contractors and other users of information systems
that support the operations and assets of the agency, of—
‘‘(A) information security risks associated with their
activities; and
‘‘(B) their responsibilities in complying with agency
policies and procedures designed to reduce these risks;
‘‘(5) periodic testing and evaluation of the effectiveness
of information security policies, procedures, and practices, to
be performed with a frequency depending on risk, but no less
than annually, of which such testing—
‘‘(A) shall include testing of management, operational,
and technical controls of every information system identified in the inventory required under section 3505(c); and
‘‘(B) may include testing relied on in a evaluation under
section 3535;
‘‘(6) a process for planning, implementing, evaluating, and
documenting remedial action to address any deficiencies in
the information security policies, procedures, and practices of
the agency;
‘‘(7) procedures for detecting, reporting, and responding
to security incidents, including—
‘‘(A) mitigating risks associated with such incidents
before substantial damage is done; and
‘‘(B) notifying and consulting with, as appropriate—
‘‘(i) law enforcement agencies and relevant Offices
of Inspector General;
‘‘(ii) an office designated by the President for any
incident involving a national security system; and
‘‘(iii) any other agency or office, in accordance with
law or as directed by the President; and
‘‘(8) plans and procedures to ensure continuity of operations
for information systems that support the operations and assets
of the agency.
‘‘(c) Each agency shall—
‘‘(1) report annually to the Director, the Committees on
Government Reform and Science of the House of Representatives, the Committees on Governmental Affairs and Commerce,
Science, and Transportation of the Senate, the appropriate
authorization and appropriations committees of Congress, and
the Comptroller General on the adequacy and effectiveness
of information security policies, procedures, and practices, and
compliance with the requirements of this subchapter, including
compliance with each requirement of subsection (b);
‘‘(2) address the adequacy and effectiveness of information
security policies, procedures, and practices in plans and reports
relating to—
‘‘(A) annual agency budgets;
‘‘(B) information resources management under subchapter 1 of this chapter;
‘‘(C) information technology management under subtitle III of title 40;

Reports.

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‘‘(D) program performance under sections 1105 and
1115 through 1119 of title 31, and sections 2801 and 2805
of title 39;
‘‘(E) financial management under chapter 9 of title
31, and the Chief Financial Officers Act of 1990 (31 U.S.C.
501 note; Public Law 101–576) (and the amendments made
by that Act);
‘‘(F) financial management systems under the Federal
Financial Management Improvement Act (31 U.S.C. 3512
note); and
‘‘(G) internal accounting and administrative controls
under section 3512 of title 31, United States Code, (known
as the ‘Federal Managers Financial Integrity Act’); and
‘‘(3) report any significant deficiency in a policy, procedure,
or practice identified under paragraph (1) or (2)—
‘‘(A) as a material weakness in reporting under section
3512 of title 31; and
‘‘(B) if relating to financial management systems, as
an instance of a lack of substantial compliance under the
Federal Financial Management Improvement Act (31
U.S.C. 3512 note).
‘‘(d)(1) In addition to the requirements of subsection (c), each
agency, in consultation with the Director, shall include as part
of the performance plan required under section 1115 of title 31
a description of—
‘‘(A) the time periods; and
‘‘(B) the resources, including budget, staffing, and training,
that are necessary to implement the program required under subsection (b).
‘‘(2) The description under paragraph (1) shall be based on
the risk assessments required under subsection (b)(2)(1).
‘‘(e) Each agency shall provide the public with timely notice
and opportunities for comment on proposed information security
policies and procedures to the extent that such policies and procedures affect communication with the public.

Public
information.

‘‘§ 3535. Annual independent evaluation
‘‘(a)(1) Each year each agency shall have performed an independent evaluation of the information security program and practices of that agency to determine the effectiveness of such program
and practices.
‘‘(2) Each evaluation by an agency under this section shall
include—
‘‘(A) testing of the effectiveness of information security
policies, procedures, and practices of a representative subset
of the agency’s information systems;
‘‘(B) an assessment (made on the basis of the results of
the testing) of compliance with—
‘‘(i) the requirements of this subchapter; and
‘‘(ii) related information security policies, procedures,
standards, and guidelines; and
‘‘(C) separate presentations, as appropriate, regarding
information security relating to national security systems.
‘‘(b) Subject to subsection (c)—
‘‘(1) for each agency with an Inspector General appointed
under the Inspector General Act of 1978, the annual evaluation
required by this section shall be performed by the Inspector

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General or by an independent external auditor, as determined
by the Inspector General of the agency; and
‘‘(2) for each agency to which paragraph (1) does not apply,
the head of the agency shall engage an independent external
auditor to perform the evaluation.
‘‘(c) For each agency operating or exercising control of a national
security system, that portion of the evaluation required by this
section directly relating to a national security system shall be
performed—
‘‘(1) only by an entity designated by the agency head;
and
‘‘(2) in such a manner as to ensure appropriate protection
for information associated with any information security vulnerability in such system commensurate with the risk and in
accordance with all applicable laws.
‘‘(d) The evaluation required by this section—
‘‘(1) shall be performed in accordance with generally
accepted government auditing standards; and
‘‘(2) may be based in whole or in part on an audit, evaluation, or report relating to programs or practices of the applicable
agency.
‘‘(e) Each year, not later than such date established by the
Director, the head of each agency shall submit to the Director
the results of the evaluation required under this section.
‘‘(f) Agencies and evaluators shall take appropriate steps to
ensure the protection of information which, if disclosed, may
adversely affect information security. Such protections shall be
commensurate with the risk and comply with all applicable laws
and regulations.
‘‘(g)(1) The Director shall summarize the results of the evaluations conducted under this section in the report to Congress required
under section 3533(a)(8).
‘‘(2) The Director’s report to Congress under this subsection
shall summarize information regarding information security
relating to national security systems in such a manner as to ensure
appropriate protection for information associated with any information security vulnerability in such system commensurate with the
risk and in accordance with all applicable laws.
‘‘(3) Evaluations and any other descriptions of information systems under the authority and control of the Director of Central
Intelligence or of National Foreign Intelligence Programs systems
under the authority and control of the Secretary of Defense shall
be made available to Congress only through the appropriate oversight committees of Congress, in accordance with applicable laws.
‘‘(h) The Comptroller General shall periodically evaluate and
report to Congress on—
‘‘(1) the adequacy and effectiveness of agency information
security policies and practices; and
‘‘(2) implementation of the requirements of this subchapter.
‘‘§ 3536. National security systems
‘‘The head of each agency operating or exercising control of
a national security system shall be responsible for ensuring that
the agency—
‘‘(1) provides information security protections commensurate with the risk and magnitude of the harm resulting from

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the unauthorized access, use, disclosure, disruption, modification, or destruction of the information contained in such system;
‘‘(2) implements information security policies and practices
as required by standards and guidelines for national security
systems, issued in accordance with law and as directed by
the President; and
‘‘(3) complies with the requirements of this subchapter.
‘‘§ 3537. Authorization of appropriations
‘‘There are authorized to be appropriated to carry out the
provisions of this subchapter such sums as may be necessary for
each of fiscal years 2003 through 2007.
‘‘§ 3538. Effect on existing law
‘‘Nothing in this subchapter, section 11331 of title 40, or section
20 of the National Standards and Technology Act (15 U.S.C. 278g–
3) may be construed as affecting the authority of the President,
the Office of Management and Budget or the Director thereof,
the National Institute of Standards and Technology, or the head
of any agency, with respect to the authorized use or disclosure
of information, including with regard to the protection of personal
privacy under section 552a of title 5, the disclosure of information
under section 552 of title 5, the management and disposition of
records under chapters 29, 31, or 33 of title 44, the management
of information resources under subchapter I of chapter 35 of this
title, or the disclosure of information to Congress or the Comptroller
General of the United States.’’.
(2) CLERICAL AMENDMENT.—The items in the table of sections at the beginning of such chapter 35 under the heading
‘‘SUBCHAPTER II’’ are amended to read as follows:
‘‘3531.
‘‘3532.
‘‘3533.
‘‘3534.
‘‘3535.
‘‘3536.
‘‘3537.
‘‘3538.

Purposes.
Definitions.
Authority and functions of the Director.
Federal agency responsibilities.
Annual independent evaluation.
National security systems.
Authorization of appropriations.
Effect on existing law.’’.
(c) INFORMATION SECURITY RESPONSIBILITIES OF

CERTAIN AGEN-

6 USC 511.

CIES.—

(1) NATIONAL SECURITY RESPONSIBILITIES.—(A) Nothing in
this Act (including any amendment made by this Act) shall
supersede any authority of the Secretary of Defense, the
Director of Central Intelligence, or other agency head, as
authorized by law and as directed by the President, with regard
to the operation, control, or management of national security
systems, as defined by section 3532(3) of title 44, United States
Code.
(B) Section 2224 of title 10, United States Code, is
amended—
(i) in subsection 2224(b), by striking ‘‘(b) OBJECTIVES
AND MINIMUM REQUIREMENTS.—(1)’’ and inserting ‘‘(b)
OBJECTIVES OF THE PROGRAM.—’’;
(ii) in subsection 2224(b), by striking ‘‘(2) the program
shall at a minimum meet the requirements of section 3534
and 3535 of title 44, United States Code.’’; and
(iii) in subsection 2224(c), by inserting ‘‘, including
through compliance with subtitle II of chapter 35 of title
44’’ after ‘‘infrastructure’’.

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(2) ATOMIC ENERGY ACT OF 1954.—Nothing in this Act shall
supersede any requirement made by or under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted Data
or Formerly Restricted Data shall be handled, protected, classified, downgraded, and declassified in conformity with the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).

SEC. 1002. MANAGEMENT OF INFORMATION TECHNOLOGY.

(a) IN GENERAL.—Section 11331 of title 40, United States Code,
is amended to read as follows:

President.

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‘‘§ 11331. Responsibilities for Federal information systems
standards
‘‘(a) DEFINITION.—In this section, the term ‘information security’
has the meaning given that term in section 3532(b)(1) of title
44.
‘‘(b) REQUIREMENT TO PRESCRIBE STANDARDS.—
‘‘(1) IN GENERAL.—
‘‘(A) REQUIREMENT.—Except as provided under paragraph (2), the Director of the Office of Management and
Budget shall, on the basis of proposed standards developed
by the National Institute of Standards and Technology
pursuant to paragraphs (2) and (3) of section 20(a) of
the National Institute of Standards and Technology Act
(15 U.S.C. 278g–3(a)) and in consultation with the Secretary of Homeland Security, promulgate information security standards pertaining to Federal information systems.
‘‘(B) REQUIRED STANDARDS.—Standards promulgated
under subparagraph (A) shall include—
‘‘(i) standards that provide minimum information
security requirements as determined under section
20(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3(b)); and
‘‘(ii) such standards that are otherwise necessary
to improve the efficiency of operation or security of
Federal information systems.
‘‘(C) REQUIRED STANDARDS BINDING.—Information security standards described under subparagraph (B) shall be
compulsory and binding.
‘‘(2) STANDARDS AND GUIDELINES FOR NATIONAL SECURITY
SYSTEMS.—Standards and guidelines for national security systems, as defined under section 3532(3) of title 44, shall be
developed, promulgated, enforced, and overseen as otherwise
authorized by law and as directed by the President.
‘‘(c) APPLICATION OF MORE STRINGENT STANDARDS.—The head
of an agency may employ standards for the cost-effective information
security for all operations and assets within or under the supervision of that agency that are more stringent than the standards
promulgated by the Director under this section, if such standards—
‘‘(1) contain, at a minimum, the provisions of those
applicable standards made compulsory and binding by the
Director; and
‘‘(2) are otherwise consistent with policies and guidelines
issued under section 3533 of title 44.
‘‘(d) REQUIREMENTS REGARDING DECISIONS BY DIRECTOR.—
‘‘(1) DEADLINE.—The decision regarding the promulgation
of any standard by the Director under subsection (b) shall

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occur not later than 6 months after the submission of the
proposed standard to the Director by the National Institute
of Standards and Technology, as provided under section 20
of the National Institute of Standards and Technology Act
(15 U.S.C. 278g–3).
‘‘(2) NOTICE AND COMMENT.—A decision by the Director
to significantly modify, or not promulgate, a proposed standard
submitted to the Director by the National Institute of Standards
and Technology, as provided under section 20 of the National
Institute of Standards and Technology Act (15 U.S.C. 278g–
3), shall be made after the public is given an opportunity
to comment on the Director’s proposed decision.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 113 of title 40, United States Code, is amended
by striking the item relating to section 11331 and inserting the
following:
‘‘11331. Responsibilities for Federal information systems standards.’’.
SEC. 1003. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.

Guidelines.

Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3), is amended by striking the text
and inserting the following:
‘‘(a) The Institute shall—
‘‘(1) have the mission of developing standards, guidelines,
and associated methods and techniques for information systems;
‘‘(2) develop standards and guidelines, including minimum
requirements, for information systems used or operated by an
agency or by a contractor of an agency or other organization
on behalf of an agency, other than national security systems
(as defined in section 3532(b)(2) of title 44, United States Code);
‘‘(3) develop standards and guidelines, including minimum
requirements, for providing adequate information security for
all agency operations and assets, but such standards and guidelines shall not apply to national security systems; and
‘‘(4) carry out the responsibilities described in paragraph
(3) through the Computer Security Division.
‘‘(b) The standards and guidelines required by subsection (a)
shall include, at a minimum—
‘‘(1)(A) standards to be used by all agencies to categorize
all information and information systems collected or maintained
by or on behalf of each agency based on the objectives of
providing appropriate levels of information security according
to a range of risk levels;
‘‘(B) guidelines recommending the types of information and
information systems to be included in each such category; and
‘‘(C) minimum information security requirements for
information and information systems in each such category;
‘‘(2) a definition of and guidelines concerning detection
and handling of information security incidents; and
‘‘(3) guidelines developed in coordination with the National
Security Agency for identifying an information system as a
national security system consistent with applicable requirements for national security systems, issued in accordance with
law and as directed by the President.
‘‘(c) In developing standards and guidelines required by subsections (a) and (b), the Institute shall—

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116 STAT. 2270

‘‘(1) consult with other agencies and offices (including, but
not limited to, the Director of the Office of Management and
Budget, the Departments of Defense and Energy, the National
Security Agency, the General Accounting Office, and the Secretary of Homeland Security) to assure—
‘‘(A) use of appropriate information security policies,
procedures, and techniques, in order to improve information
security and avoid unnecessary and costly duplication of
effort; and
‘‘(B) that such standards and guidelines are complementary with standards and guidelines employed for
the protection of national security systems and information
contained in such systems;
‘‘(2) provide the public with an opportunity to comment
on proposed standards and guidelines;
‘‘(3) submit to the Director of the Office of Management
and Budget for promulgation under section 11331 of title 40,
United States Code—
‘‘(A) standards, as required under subsection (b)(1)(A),
no later than 12 months after the date of the enactment
of this section; and
‘‘(B) minimum information security requirements for
each category, as required under subsection (b)(1)(C), no
later than 36 months after the date of the enactment
of this section;
‘‘(4) issue guidelines as required under subsection (b)(1)(B),
no later than 18 months after the date of the enactment of
this Act;
‘‘(5) ensure that such standards and guidelines do not
require specific technological solutions or products, including
any specific hardware or software security solutions;
‘‘(6) ensure that such standards and guidelines provide
for sufficient flexibility to permit alternative solutions to provide equivalent levels of protection for identified information
security risks; and
‘‘(7) use flexible, performance-based standards and guidelines that, to the greatest extent possible, permit the use of
off-the-shelf commercially developed information security products.
‘‘(d) The Institute shall—
‘‘(1) submit standards developed pursuant to subsection
(a), along with recommendations as to the extent to which
these should be made compulsory and binding, to the Director
of the Office of Management and Budget for promulgation
under section 11331 of title 40, United States Code;
‘‘(2) provide assistance to agencies regarding—
‘‘(A) compliance with the standards and guidelines
developed under subsection (a);
‘‘(B) detecting and handling information security
incidents; and
‘‘(C) information security policies, procedures, and practices;
‘‘(3) conduct research, as needed, to determine the nature
and extent of information security vulnerabilities and techniques for providing cost-effective information security;

Deadlines.

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‘‘(4) develop and periodically revise performance indicators
and measures for agency information security policies and practices;
‘‘(5) evaluate private sector information security policies
and practices and commercially available information technologies to assess potential application by agencies to
strengthen information security;
‘‘(6) evaluate security policies and practices developed for
national security systems to assess potential application by
agencies to strengthen information security;
‘‘(7) periodically assess the effectiveness of standards and
guidelines developed under this section and undertake revisions
as appropriate;
‘‘(8) solicit and consider the recommendations of the
Information Security and Privacy Advisory Board, established
by section 21, regarding standards and guidelines developed
under subsection (a) and submit such recommendations to the
Director of the Office of Management and Budget with such
standards submitted to the Director; and
‘‘(9) prepare an annual public report on activities undertaken in the previous year, and planned for the coming year,
to carry out responsibilities under this section.
‘‘(e) As used in this section—
‘‘(1) the term ‘agency’ has the same meaning as provided
in section 3502(1) of title 44, United States Code;
‘‘(2) the term ‘information security’ has the same meaning
as provided in section 3532(1) of such title;
‘‘(3) the term ‘information system’ has the same meaning
as provided in section 3502(8) of such title;
‘‘(4) the term ‘information technology’ has the same
meaning as provided in section 11101 of title 40, United States
Code; and
‘‘(5) the term ‘national security system’ has the same
meaning as provided in section 3532(b)(2) of such title.’’.

Reports.

SEC. 1004. INFORMATION SECURITY AND PRIVACY ADVISORY BOARD.

Section 21 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–4), is amended—
(1) in subsection (a), by striking ‘‘Computer System Security
and Privacy Advisory Board’’ and inserting ‘‘Information Security and Privacy Advisory Board’’;
(2) in subsection (a)(1), by striking ‘‘computer or telecommunications’’ and inserting ‘‘information technology’’;
(3) in subsection (a)(2)—
(A) by striking ‘‘computer or telecommunications technology’’ and inserting ‘‘information technology’’; and
(B) by striking ‘‘computer or telecommunications equipment’’ and inserting ‘‘information technology’’;
(4) in subsection (a)(3)—
(A) by striking ‘‘computer systems’’ and inserting
‘‘information system’’; and
(B) by striking ‘‘computer systems security’’ and
inserting ‘‘information security’’;
(5) in subsection (b)(1) by striking ‘‘computer systems security’’ and inserting ‘‘information security’’;
(6) in subsection (b) by striking paragraph (2) and inserting
the following:

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Government
organization.

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‘‘(2) to advise the Institute and the Director of the Office
of Management and Budget on information security and privacy
issues pertaining to Federal Government information systems,
including through review of proposed standards and guidelines
developed under section 20; and’’;
(7) in subsection (b)(3) by inserting ‘‘annually’’ after
‘‘report’’;
(8) by inserting after subsection (e) the following new subsection:
‘‘(f) The Board shall hold meetings at such locations and at
such time and place as determined by a majority of the Board.’’;
(9) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(10) by striking subsection (h), as redesignated by paragraph (9), and inserting the following:
‘‘(h) As used in this section, the terms ‘information system’
and ‘information technology’ have the meanings given in section
20.’’.
SEC. 1005. TECHNICAL AND CONFORMING AMENDMENTS.

(a) FEDERAL COMPUTER SYSTEM SECURITY TRAINING AND
PLAN.—
(1) REPEAL.—Section 11332 of title 40, United States Code,
is repealed.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 113 of title 40, United States Code, as
amended by striking the item relating to section 11332.
(b) FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2001.—The Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106–398) is
amended by striking subtitle G of title X (44 U.S.C. 3531 note).
(c) PAPERWORK REDUCTION ACT.—(1) Section 3504(g) of title
44, United States Code, is amended—
(A) by adding ‘‘and’’ at the end of paragraph (1);
(B) in paragraph (2)—
(i) by striking ‘‘sections 11331 and 11332(b) and (c)
of title 40’’ and inserting ‘‘section 11331 of title 40 and
subchapter II of this title’’; and
(ii) by striking the semicolon and inserting a period;
and
(C) by striking paragraph (3).
(2) Section 3505 of such title is amended by adding at the
end the following:
‘‘(c) INVENTORY OF INFORMATION SYSTEMS.—(1) The head of
each agency shall develop and maintain an inventory of the information systems (including national security systems) operated by or
under the control of such agency;
‘‘(2) The identification of information systems in an inventory
under this subsection shall include an identification of the interfaces
between each such system and all other systems or networks,
including those not operated by or under the control of the agency;
‘‘(3) Such inventory shall be—
‘‘(A) updated at least annually;
‘‘(B) made available to the Comptroller General; and
‘‘(C) used to support information resources management,
including—

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‘‘(i) preparation and maintenance of the inventory of
information resources under section 3506(b)(4);
‘‘(ii) information technology planning, budgeting,
acquisition, and management under section 3506(h), subtitle III of title 40, and related laws and guidance;
‘‘(iii) monitoring, testing, and evaluation of information
security controls under subchapter II;
‘‘(iv) preparation of the index of major information
systems required under section 552(g) of title 5, United
States Code; and
‘‘(v) preparation of information system inventories
required for records management under chapters 21, 29,
31, and 33.
‘‘(4) The Director shall issue guidance for and oversee the
implementation of the requirements of this subsection.’’.
(3) Section 3506(g) of such title is amended—
(A) by adding ‘‘and’’ at the end of paragraph (1);
(B) in paragraph (2)—
(i) by striking ‘‘section 11332 of title 40’’ and inserting
‘‘subchapter II of this chapter’’; and
(ii) by striking ‘‘; and’’ and inserting a period; and
(C) by striking paragraph (3).
SEC. 1006. CONSTRUCTION.

6 USC 512.

Nothing in this Act, or the amendments made by this Act,
affects the authority of the National Institute of Standards and
Technology or the Department of Commerce relating to the development and promulgation of standards or guidelines under paragraphs
(1) and (2) of section 20(a) of the National Institute of Standards
and Technology Act (15 U.S.C. 278g–3(a)).

TITLE XI—DEPARTMENT OF JUSTICE
DIVISIONS
Subtitle A—Executive Office for
Immigration Review
SEC. 1101. LEGAL STATUS OF EOIR.

6 USC 521.

(a) EXISTENCE OF EOIR.—There is in the Department of Justice
the Executive Office for Immigration Review, which shall be subject
to the direction and regulation of the Attorney General under
section 103(g) of the Immigration and Nationality Act, as added
by section 1102.

Establishment.

SEC. 1102. AUTHORITIES OF THE ATTORNEY GENERAL.

Section 103 of the Immigration and Nationality Act (8 U.S.C.
1103) as amended by this Act, is further amended by—
(1) amending the heading to read as follows:
‘‘POWERS

AND DUTIES OF THE SECRETARY, THE UNDER SECRETARY,
AND THE ATTORNEY GENERAL’’;

(2) in subsection (a)—
(A) by inserting ‘‘Attorney General,’’ after ‘‘President,’’;
and

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PUBLIC LAW 107–296—NOV. 25, 2002
(B) by redesignating paragraphs (8), (9), (8) (as added
by section 372 of Public Law 104–208), and (9) (as added
by section 372 of Public Law 104–208) as paragraphs (8),
(9), (10), and (11), respectively; and
(3) by adding at the end the following new subsection:
‘‘(g) ATTORNEY GENERAL.—
‘‘(1) IN GENERAL.—The Attorney General shall have such
authorities and functions under this Act and all other laws
relating to the immigration and naturalization of aliens as
were exercised by the Executive Office for Immigration Review,
or by the Attorney General with respect to the Executive Office
for Immigration Review, on the day before the effective date
of the Immigration Reform, Accountability and Security
Enhancement Act of 2002.
‘‘(2) POWERS.—The Attorney General shall establish such
regulations, prescribe such forms of bond, reports, entries, and
other papers, issue such instructions, review such administrative determinations in immigration proceedings, delegate such
authority, and perform such other acts as the Attorney General
determines to be necessary for carrying out this section.’’.

6 USC 522.

SEC. 1103. STATUTORY CONSTRUCTION.

Nothing in this Act, any amendment made by this Act, or
in section 103 of the Immigration and Nationality Act, as amended
by section 1102, shall be construed to limit judicial deference to
regulations, adjudications, interpretations, orders, decisions, judgments, or any other actions of the Secretary of Homeland Security
or the Attorney General.

Subtitle B—Transfer of the Bureau of Alcohol, Tobacco and Firearms to the Department of Justice
6 USC 531.

SEC. 1111. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established within the Department of Justice under the general authority of the Attorney
General the Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this section referred to as the ‘‘Bureau’’).
(2) DIRECTOR.—There shall be at the head of the Bureau
a Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this subtitle referred to as the ‘‘Director’’). The Director
shall be appointed by the Attorney General and shall perform
such functions as the Attorney General shall direct. The
Director shall receive compensation at the rate prescribed by
law under section 5314 of title V, United States Code, for
positions at level III of the Executive Schedule.
(3) COORDINATION.—The Attorney General, acting through
the Director and such other officials of the Department of
Justice as the Attorney General may designate, shall provide
for the coordination of all firearms, explosives, tobacco enforcement, and arson enforcement functions vested in the Attorney
General so as to assure maximum cooperation between and
among any officer, employee, or agency of the Department

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of Justice involved in the performance of these and related
functions.
(4) PERFORMANCE OF TRANSFERRED FUNCTIONS.—The
Attorney General may make such provisions as the Attorney
General determines appropriate to authorize the performance
by any officer, employee, or agency of the Department of Justice
of any function transferred to the Attorney General under
this section.
(b) RESPONSIBILITIES.—Subject to the direction of the Attorney
General, the Bureau shall be responsible for investigating—
(1) criminal and regulatory violations of the Federal firearms, explosives, arson, alcohol, and tobacco smuggling laws;
(2) the functions transferred by subsection (c); and
(3) any other function related to the investigation of violent
crime or domestic terrorism that is delegated to the Bureau
by the Attorney General.
(c) TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND
ASSETS TO THE DEPARTMENT OF JUSTICE.—
(1) IN GENERAL.—Subject to paragraph (2), but notwithstanding any other provision of law, there are transferred to
the Department of Justice the authorities, functions, personnel,
and assets of the Bureau of Alcohol, Tobacco and Firearms,
which shall be maintained as a distinct entity within the
Department of Justice, including the related functions of the
Secretary of the Treasury.
(2) ADMINISTRATION AND REVENUE COLLECTION FUNCTIONS.—There shall be retained within the Department of the
Treasury the authorities, functions, personnel, and assets of
the Bureau of Alcohol, Tobacco and Firearms relating to the
administration and enforcement of chapters 51 and 52 of the
Internal Revenue Code of 1986, sections 4181 and 4182 of
the Internal Revenue Code of 1986, and title 27, United States
Code.
(3) BUILDING PROSPECTUS.—Prospectus PDC-98W10, giving
the General Services Administration the authority for site
acquisition, design, and construction of a new headquarters
building for the Bureau of Alcohol, Tobacco and Firearms,
is transferred, and deemed to apply, to the Bureau of Alcohol,
Tobacco, Firearms, and Explosives established in the Department of Justice under subsection (a).
(d) TAX AND TRADE BUREAU.—
(1) ESTABLISHMENT.—There is established within the
Department of the Treasury the Tax and Trade Bureau.
(2) ADMINISTRATOR.—The Tax and Trade Bureau shall be
headed by an Administrator, who shall perform such duties
as assigned by the Under Secretary for Enforcement of the
Department of the Treasury. The Administrator shall occupy
a career-reserved position within the Senior Executive Service.
(3) RESPONSIBILITIES.—The authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms that are not transferred to the Department of Justice
under this section shall be retained and administered by the
Tax and Trade Bureau.
SEC. 1112. TECHNICAL AND CONFORMING AMENDMENTS.

(a) The Inspector General Act of 1978 (5 U.S.C. App.) is
amended—

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116 STAT. 2276
5 USC app. 8D.

5 USC app. 9.

8 USC 1701.

18 USC 841–847.

18 USC 921–923,
925, 926.

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(1) in section 8D(b)(1) by striking ‘‘Bureau of Alcohol,
Tobacco and Firearms’’ and inserting ‘‘Tax and Trade Bureau’’;
and
(2) in section 9(a)(1)(L)(i), by striking ‘‘Bureau of Alcohol,
Tobacco, and Firearms’’ and inserting ‘‘Tax and Trade Bureau’’.
(b) Section 1109(c)(2)(A)(i) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (7 U.S.C. 1445–3(c)(2)(A)(i)) is amended
by striking ‘‘(on ATF Form 3068) by manufacturers of tobacco
products to the Bureau of Alcohol, Tobacco and Firearms’’ and
inserting ‘‘by manufacturers of tobacco products to the Tax and
Trade Bureau’’.
(c) Section 2(4)(J) of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (Public Law 107–173; 8 U.S.C.A.
1701(4)(J)) is amended by striking ‘‘Bureau of Alcohol, Tobacco,
and Firearms’’ and inserting ‘‘Bureau of Alcohol, Tobacco, Firearms,
and Explosives, Department of Justice’’.
(d) Section 3(1)(E) of the Firefighters’ Safety Study Act (15
U.S.C. 2223b(1)(E)) is amended by striking ‘‘the Bureau of Alcohol,
Tobacco, and Firearms,’’ and inserting ‘‘the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Department of Justice,’’.
(e) Chapter 40 of title 18, United States Code, is amended—
(1) by striking section 841(k) and inserting the following:
‘‘(k) ‘Attorney General’ means the Attorney General of the
United States.’’;
(2) in section 846(a), by striking ‘‘the Attorney General
and the Federal Bureau of Investigation, together with the
Secretary’’ and inserting ‘‘the Federal Bureau of Investigation,
together with the Bureau of Alcohol, Tobacco, Firearms, and
Explosives’’; and
(3) by striking ‘‘Secretary’’ each place it appears and
inserting ‘‘Attorney General’’.
(f) Chapter 44 of title 18, United States Code, is amended—
(1) in section 921(a)(4)(B), by striking ‘‘Secretary’’ and
inserting ‘‘Attorney General’’;
(2) in section 921(a)(4), by striking ‘‘Secretary of the
Treasury’’ and inserting ‘‘Attorney General’’;
(3) in section 921(a), by striking paragraph (18) and
inserting the following:
‘‘(18) The term ‘Attorney General’ means the Attorney General of the United States’’;
(4) in section 922(p)(5)(A), by striking ‘‘after consultation
with the Secretary’’ and inserting ‘‘after consultation with the
Attorney General’’;
(5) in section 923(l), by striking ‘‘Secretary of the Treasury’’
and inserting ‘‘Attorney General’’; and
(6) by striking ‘‘Secretary’’ each place it appears, except
before ‘‘of the Army’’ in section 921(a)(4) and before ‘‘of Defense’’
in section 922(p)(5)(A), and inserting the term ‘‘Attorney General’’.
(g) Section 1261(a) of title 18, United States Code, is amended
to read as follows:
‘‘(a) The Attorney General—
‘‘(1) shall enforce the provisions of this chapter; and
‘‘(2) has the authority to issue regulations to carry out
the provisions of this chapter.’’.

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(h) Section 1952(c) of title 18, United States Code, is amended
by striking ‘‘Secretary of the Treasury’’ and inserting ‘‘Attorney
General’’.
(i) Chapter 114 of title 18, United States Code, is amended—
(1) by striking section 2341(5), and inserting the following:
‘‘(5) the term ‘Attorney General’ means the Attorney General of the United States’’; and
(2) by striking ‘‘Secretary’’ each place it appears and
inserting ‘‘Attorney General’’.
(j) Section 6103(i)(8)(A)(i) of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information) is amended by striking ‘‘or the Bureau of Alcohol,
Tobacco and Firearms’’ and inserting ‘‘, the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Department of Justice, or the
Tax and Trade Bureau, Department of the Treasury,’’.
(k) Section 7801(a) of the Internal Revenue Code of 1986
(relating to the authority of the Department of the Treasury) is
amended—
(1) by striking ‘‘SECRETARY.—Except’’ and inserting ‘‘SECRETARY.—
‘‘(1) IN GENERAL.—Except’’; and
(2) by adding at the end the following:
‘‘(2) ADMINISTRATION AND ENFORCEMENT OF CERTAIN PROVISIONS BY ATTORNEY GENERAL.—
‘‘(A) IN GENERAL.—The administration and enforcement
of the following provisions of this title shall be performed
by or under the supervision of the Attorney General; and
the term ‘Secretary’ or ‘Secretary of the Treasury’ shall,
when applied to those provisions, mean the Attorney General; and the term ‘internal revenue officer’ shall, when
applied to those provisions, mean any officer of the Bureau
of Alcohol, Tobacco, Firearms, and Explosives so designated
by the Attorney General:
‘‘(i) Chapter 53.
‘‘(ii) Chapters 61 through 80, to the extent such
chapters relate to the enforcement and administration
of the provisions referred to in clause (i).
‘‘(B) USE OF EXISTING RULINGS AND INTERPRETATIONS.—
Nothing in this Act alters or repeals the rulings and
interpretations of the Bureau of Alcohol, Tobacco, and Firearms in effect on the effective date of the Homeland Security Act of 2002, which concern the provisions of this title
referred to in subparagraph (A). The Attorney General
shall consult with the Secretary to achieve uniformity and
consistency in administering provisions under chapter 53
of title 26, United States Code.’’.
(l) Section 2006(2) of title 28, United States Code, is amended
by inserting ‘‘, the Director, Bureau of Alcohol, Tobacco, Firearms,
and Explosives, Department of Justice,’’ after ‘‘the Secretary of
the Treasury’’.
(m) Section 713 of title 31, United States Code, is amended—
(1) by striking the section heading and inserting the following:

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18 USC 2343,
2346.
26 USC 6103.

26 USC 7801.

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PUBLIC LAW 107–296—NOV. 25, 2002

‘‘§ 713. Audit of Internal Revenue Service, Tax and Trade
Bureau, and Bureau of Alcohol, Tobacco, Firearms, and Explosives’’;
(2) in subsection (a), by striking ‘‘Bureau of Alcohol,
Tobacco, and Firearms,’’ and inserting ‘‘Tax and Trade Bureau,
Department of the Treasury, and the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Department of Justice’’;
and
(3) in subsection (b)—
(A) in paragraph (1)(B), by striking ‘‘or the Bureau’’
and inserting ‘‘or either Bureau’’;
(B) in paragraph (2)—
(i) by striking ‘‘or the Bureau’’ and inserting ‘‘or
either Bureau’’; and
(ii) by striking ‘‘and the Director of the Bureau’’
and inserting ‘‘the Tax and Trade Bureau, Department
of the Treasury, and the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, Department of Justice’’; and
(C) in paragraph (3), by striking ‘‘or the Bureau’’ and
inserting ‘‘or either Bureau’’.
(n) Section 9703 of title 31, United States Code, is amended—
(1) in subsection (a)(2)(B)—
(A) in clause (iii)(III), by inserting ‘‘and’’ after the
semicolon;
(B) in clause (iv), by striking ‘‘; and’’ and inserting
a period; and
(C) by striking clause (v);
(2) by striking subsection (o);
(3) by redesignating existing subsection (p) as subsection
(o); and
(4) in subsection (o)(1), as redesignated by paragraph (3),
by striking ‘‘Bureau of Alcohol, Tobacco and Firearms’’ and
inserting ‘‘Tax and Trade Bureau’’.
(o) Section 609N(2)(L) of the Justice Assistance Act of 1984
(42 U.S.C. 10502(2)(L)) is amended by striking ‘‘Bureau of Alcohol,
Tobacco, and Firearms’’ and inserting ‘‘Bureau of Alcohol, Tobacco,
Firearms, and Explosives, Department of Justice’’.
(p) Section 32401(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13921(a)) is amended—
(1) by striking ‘‘Secretary of the Treasury’’ each place it
appears and inserting ‘‘Attorney General’’; and
(2) in subparagraph (3)(B), by striking ‘‘Bureau of Alcohol,
Tobacco and Firearms’’ and inserting ‘‘Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Department of Justice’’.
(q) Section 80303 of title 49, United States Code, is amended—
(1) by inserting ‘‘or, when the violation of this chapter
involves contraband described in paragraph (2) or (5) of section
80302(a), the Attorney General’’ after ‘‘section 80304 of this
title.’’; and
(2) by inserting ‘‘, the Attorney General,’’ after ‘‘by the
Secretary’’.
(r) Section 80304 of title 49, United States Code, is amended—
(1) in subsection (a), by striking ‘‘(b) and (c)’’ and inserting
‘‘(b), (c), and (d)’’;
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c), the following:

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‘‘(d) ATTORNEY GENERAL.—The Attorney General, or officers,
employees, or agents of the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, Department of Justice designated by the Attorney
General, shall carry out the laws referred to in section 80306(b)
of this title to the extent that the violation of this chapter involves
contraband described in section 80302 (a)(2) or (a)(5).’’.
(s) Section 103 of the Gun Control Act of 1968 (Public Law
90–618; 82 Stat. 1226) is amended by striking ‘‘Secretary of the
Treasury’’ and inserting ‘‘Attorney General’’.

18 USC 921 note.

SEC. 1113. POWERS OF AGENTS OF THE BUREAU OF ALCOHOL,
TOBACCO, FIREARMS, AND EXPLOSIVES.

Chapter 203 of title 18, United States Code, is amended by
adding the following:
‘‘§ 3051. Powers of Special Agents of Bureau of Alcohol,
Tobacco, Firearms, and Explosives
‘‘(a) Special agents of the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, as well as any other investigator or officer charged
by the Attorney General with the duty of enforcing any of the
criminal, seizure, or forfeiture provisions of the laws of the United
States, may carry firearms, serve warrants and subpoenas issued
under the authority of the United States and make arrests without
warrant for any offense against the United States committed in
their presence, or for any felony cognizable under the laws of
the United States if they have reasonable grounds to believe that
the person to be arrested has committed or is committing such
felony.
‘‘(b) Any special agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may, in respect to the performance of his
or her duties, make seizures of property subject to forfeiture to
the United States.
‘‘(c)(1) Except as provided in paragraphs (2) and (3), and except
to the extent that such provisions conflict with the provisions of
section 983 of title 18, United States Code, insofar as section 983
applies, the provisions of the Customs laws relating to—
‘‘(A) the seizure, summary and judicial forfeiture, and condemnation of property;
‘‘(B) the disposition of such property;
‘‘(C) the remission or mitigation of such forfeiture; and
‘‘(D) the compromise of claims,
shall apply to seizures and forfeitures incurred, or alleged to have
been incurred, under any applicable provision of law enforced or
administered by the Bureau of Alcohol, Tobacco, Firearms, and
Explosives.
‘‘(2) For purposes of paragraph (1), duties that are imposed
upon a customs officer or any other person with respect to the
seizure and forfeiture of property under the customs laws of the
United States shall be performed with respect to seizures and
forfeitures of property under this section by such officers, agents,
or any other person as may be authorized or designated for that
purpose by the Attorney General.
‘‘(3) Notwithstanding any other provision of law, the disposition
of firearms forfeited by reason of a violation of any law of the
United States shall be governed by the provisions of section 5872(b)
of the Internal Revenue Code of 1986.’’.

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116 STAT. 2280
Virginia.
6 USC 532.

PUBLIC LAW 107–296—NOV. 25, 2002

SEC. 1114. EXPLOSIVES TRAINING AND RESEARCH FACILITY.

(a) ESTABLISHMENT.—There is established within the Bureau
an Explosives Training and Research Facility at Fort AP Hill,
Fredericksburg, Virginia.
(b) PURPOSE.—The facility established under subsection (a)
shall be utilized to train Federal, State, and local law enforcement
officers to—
(1) investigate bombings and explosions;
(2) properly handle, utilize, and dispose of explosive materials and devices;
(3) train canines on explosive detection; and
(4) conduct research on explosives.
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
such sums as may be necessary to establish and maintain
the facility established under subsection (a).
(2) AVAILABILITY OF FUNDS.—Any amounts appropriated
pursuant to paragraph (1) shall remain available until
expended.

Government
organization.
6 USC 533.

SEC. 1115. PERSONNEL MANAGEMENT DEMONSTRATION PROJECT.

Notwithstanding any other provision of law, the Personnel
Management Demonstration Project established under section 102
of title I of division C of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act for Fiscal Year 1999 (Public Law
105–277; 122 Stat. 2681–585) shall be transferred to the Attorney
General of the United States for continued use by the Bureau
of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, and the Secretary of the Treasury for continued use by the
Tax and Trade Bureau.

Subtitle C—Explosives

Safe Explosives
Act.
18 USC 841 note.

SEC. 1121. SHORT TITLE.

This subtitle may be referred to as the ‘‘Safe Explosives Act’’.
SEC. 1122. PERMITS FOR PURCHASERS OF EXPLOSIVES.

(a) DEFINITIONS.—Section 841 of title 18, United States Code,
is amended—
(1) by striking subsection (j) and inserting the following:
‘‘(j) ‘Permittee’ means any user of explosives for a lawful
purpose, who has obtained either a user permit or a limited
permit under the provisions of this chapter.’’; and
(2) by adding at the end the following:
‘‘(r) ‘Alien’ means any person who is not a citizen or national
of the United States.
‘‘(s) ‘Responsible person’ means an individual who has the
power to direct the management and policies of the applicant
pertaining to explosive materials.’’.
(b) PERMITS FOR PURCHASE OF EXPLOSIVES.—Section 842 of
title 18, United States Code, is amended—
(1) in subsection (a)(2), by striking ‘‘and’’ at the end;
(2) by striking subsection (a)(3) and inserting the following:
‘‘(3) other than a licensee or permittee knowingly—
‘‘(A) to transport, ship, cause to be transported, or
receive any explosive materials; or

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‘‘(B) to distribute explosive materials to any person
other than a licensee or permittee; or
‘‘(4) who is a holder of a limited permit—
‘‘(A) to transport, ship, cause to be transported, or
receive in interstate or foreign commerce any explosive
materials; or
‘‘(B) to receive explosive materials from a licensee or
permittee, whose premises are located outside the State
of residence of the limited permit holder, or on more than
6 separate occasions, during the period of the permit, to
receive explosive materials from 1 or more licensees or
permittees whose premises are located within the State
of residence of the limited permit holder.’’; and
(3) by striking subsection (b) and inserting the following:
‘‘(b) It shall be unlawful for any licensee or permittee to knowingly distribute any explosive materials to any person other than—
‘‘(1) a licensee;
‘‘(2) a holder of a user permit; or
‘‘(3) a holder of a limited permit who is a resident of
the State where distribution is made and in which the premises
of the transferor are located.’’.
(c) LICENSES AND USER PERMITS.—Section 843(a) of title 18,
United States Code, is amended—
(1) in the first sentence—
(A) by inserting ‘‘or limited permit’’ after ‘‘user permit’’;
and
(B) by inserting before the period at the end the following: ‘‘, including the names of and appropriate identifying information regarding all employees who will be
authorized by the applicant to possess explosive materials,
as well as fingerprints and a photograph of each responsible
person’’;
(2) in the second sentence, by striking ‘‘$200 for each’’
and inserting ‘‘$50 for a limited permit and $200 for any other’’;
and
(3) by striking the third sentence and inserting ‘‘Each
license or user permit shall be valid for not longer than 3
years from the date of issuance and each limited permit shall
be valid for not longer than 1 year from the date of issuance.
Each license or permit shall be renewable upon the same conditions and subject to the same restrictions as the original license
or permit, and upon payment of a renewal fee not to exceed
one-half of the original fee.’’.
(d) CRITERIA FOR APPROVING LICENSES AND PERMITS.—Section
843(b) of title 18, United States Code, is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) the applicant (or, if the applicant is a corporation, partnership, or association, each responsible person with respect to the
applicant) is not a person described in section 842(i);’’;
(2) in paragraph (4)—
(A) by inserting ‘‘(A) the Secretary verifies by inspection or, if the application is for an original limited permit
or the first or second renewal of such a permit, by such
other means as the Secretary determines appropriate, that’’
before ‘‘the applicant’’; and
(B) by adding at the end the following:

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‘‘(B) subparagraph (A) shall not apply to an applicant
for the renewal of a limited permit if the Secretary has
verified, by inspection within the preceding 3 years, the
matters described in subparagraph (A) with respect to the
applicant; and’’;
(3) in paragraph (5), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
‘‘(6) none of the employees of the applicant who will be
authorized by the applicant to possess explosive materials is
any person described in section 842(i); and
‘‘(7) in the case of a limited permit, the applicant has
certified in writing that the applicant will not receive explosive
materials on more than 6 separate occasions during the 12month period for which the limited permit is valid.’’.
(e) APPLICATION APPROVAL.—Section 843(c) of title 18, United
States Code, is amended by striking ‘‘forty-five days’’ and inserting
‘‘90 days for licenses and permits,’’.
(f) INSPECTION AUTHORITY.—Section 843(f) of title 18, United
States Code, is amended—
(1) in the first sentence—
(A) by striking ‘‘permittees’’ and inserting ‘‘holders of
user permits’’; and
(B) by inserting ‘‘licensees and permittees’’ before ‘‘shall
submit’’;
(2) in the second sentence, by striking ‘‘permittee’’ the
first time it appears and inserting ‘‘holder of a user permit’’;
and
(3) by adding at the end the following: ‘‘The Secretary
may inspect the places of storage for explosive materials of
an applicant for a limited permit or, at the time of renewal
of such permit, a holder of a limited permit, only as provided
in subsection (b)(4).
(g) POSTING OF PERMITS.—Section 843(g) of title 18, United
States Code, is amended by inserting ‘‘user’’ before ‘‘permits’’.
(h) BACKGROUND CHECKS; CLEARANCES.—Section 843 of title
18, United States Code, is amended by adding at the end the
following:
‘‘(h)(1) If the Secretary receives, from an employer, the name
and other identifying information of a responsible person or an
employee who will be authorized by the employer to possess explosive materials in the course of employment with the employer,
the Secretary shall determine whether the responsible person or
employee is one of the persons described in any paragraph of
section 842(i). In making the determination, the Secretary may
take into account a letter or document issued under paragraph
(2).
‘‘(2)(A) If the Secretary determines that the responsible person
or the employee is not one of the persons described in any paragraph
of section 842(i), the Secretary shall notify the employer in writing
or electronically of the determination and issue, to the responsible
person or employee, a letter of clearance, which confirms the determination.
‘‘(B) If the Secretary determines that the responsible person
or employee is one of the persons described in any paragraph
of section 842(i), the Secretary shall notify the employer in writing

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or electronically of the determination and issue to the responsible
person or the employee, as the case may be, a document that—
‘‘(i) confirms the determination;
‘‘(ii) explains the grounds for the determination;
‘‘(iii) provides information on how the disability may be
relieved; and
‘‘(iv) explains how the determination may be appealed.’’.
(i) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall take effect 180 days after the date of enactment of this
Act.
(2) EXCEPTION.—Notwithstanding any provision of this Act,
a license or permit issued under section 843 of title 18, United
States Code, before the date of enactment of this Act, shall
remain valid until that license or permit is revoked under
section 843(d) or expires, or until a timely application for
renewal is acted upon.

18 USC 843 note.

SEC. 1123. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING
EXPLOSIVE MATERIALS.

(a) DISTRIBUTION OF EXPLOSIVES.—Section 842(d) of title 18,
United States Code, is amended—
(1) in paragraph (5), by striking ‘‘or’’ at the end;
(2) in paragraph (6), by striking the period at the end
and inserting ‘‘or who has been committed to a mental institution;’’; and
(3) by adding at the end the following:
‘‘(7) is an alien, other than an alien who—
‘‘(A) is lawfully admitted for permanent residence (as
defined in section 101 (a)(20) of the Immigration and
Nationality Act); or
‘‘(B) is in lawful nonimmigrant status, is a refugee
admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or is in asylum status under
section 208 of the Immigration and Nationality Act (8
U.S.C. 1158), and—
‘‘(i) is a foreign law enforcement officer of a friendly
foreign government, as determined by the Secretary
in consultation with the Secretary of State, entering
the United States on official law enforcement business,
and the shipping, transporting, possession, or receipt
of explosive materials is in furtherance of this official
law enforcement business;
‘‘(ii) is a person having the power to direct or
cause the direction of the management and policies
of a corporation, partnership, or association licensed
pursuant to section 843(a), and the shipping, transporting, possession, or receipt of explosive materials
is in furtherance of such power;
‘‘(iii) is a member of a North Atlantic Treaty
Organization (NATO) or other friendly foreign military
force, as determined by the Secretary in consultation
with the Secretary of Defense, (whether or not
admitted in a nonimmigrant status) who is present
in the United States under military orders for training
or other military purpose authorized by the United
States, and the shipping, transporting, possession, or

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receipt of explosive materials is in furtherance of the
military purpose; or
‘‘(iv) is lawfully present in the United States in
cooperation with the Director of Central Intelligence,
and the shipment, transportation, receipt, or possession
of the explosive materials is in furtherance of such
cooperation;
‘‘(8) has been discharged from the armed forces under dishonorable conditions;
‘‘(9) having been a citizen of the United States, has
renounced the citizenship of that person.’’.
(b) POSSESSION OF EXPLOSIVE MATERIALS.—Section 842(i) of
title 18, United States Code, is amended—
(1) in paragraph (3), by striking ‘‘or’’ at the end; and
(2) by inserting after paragraph (4) the following:
‘‘(5) who is an alien, other than an alien who—
‘‘(A) is lawfully admitted for permanent residence (as
that term is defined in section 101(a)(20) of the Immigration and Nationality Act); or
‘‘(B) is in lawful nonimmigrant status, is a refugee
admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), or is in asylum status under
section 208 of the Immigration and Nationality Act (8
U.S.C. 1158), and—
‘‘(i) is a foreign law enforcement officer of a friendly
foreign government, as determined by the Secretary
in consultation with the Secretary of State, entering
the United States on official law enforcement business,
and the shipping, transporting, possession, or receipt
of explosive materials is in furtherance of this official
law enforcement business;
‘‘(ii) is a person having the power to direct or
cause the direction of the management and policies
of a corporation, partnership, or association licensed
pursuant to section 843(a), and the shipping, transporting, possession, or receipt of explosive materials
is in furtherance of such power;
‘‘(iii) is a member of a North Atlantic Treaty
Organization (NATO) or other friendly foreign military
force, as determined by the Secretary in consultation
with the Secretary of Defense, (whether or not
admitted in a nonimmigrant status) who is present
in the United States under military orders for training
or other military purpose authorized by the United
States, and the shipping, transporting, possession, or
receipt of explosive materials is in furtherance of the
military purpose; or
‘‘(iv) is lawfully present in the United States in
cooperation with the Director of Central Intelligence,
and the shipment, transportation, receipt, or possession
of the explosive materials is in furtherance of such
cooperation;
‘‘(6) who has been discharged from the armed forces under
dishonorable conditions;
‘‘(7) who, having been a citizen of the United States, has
renounced the citizenship of that person’’; and

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(3) by inserting ‘‘or affecting’’ before ‘‘interstate’’ each place
that term appears.
SEC. 1124. REQUIREMENT TO PROVIDE SAMPLES OF EXPLOSIVE MATERIALS AND AMMONIUM NITRATE.

Section 843 of title 18, United States Code, as amended by
this Act, is amended by adding at the end the following:
‘‘(i) FURNISHING OF SAMPLES.—
‘‘(1) IN GENERAL.—Licensed manufacturers and licensed
importers and persons who manufacture or import explosive
materials or ammonium nitrate shall, when required by letter
issued by the Secretary, furnish—
‘‘(A) samples of such explosive materials or ammonium
nitrate;
‘‘(B) information on chemical composition of those products; and
‘‘(C) any other information that the Secretary determines is relevant to the identification of the explosive
materials or to identification of the ammonium nitrate.
‘‘(2) REIMBURSEMENT.—The Secretary shall, by regulation,
authorize reimbursement of the fair market value of samples
furnished pursuant to this subsection, as well as the reasonable
costs of shipment.’’.

Regulations.

SEC. 1125. DESTRUCTION OF PROPERTY OF INSTITUTIONS RECEIVING
FEDERAL FINANCIAL ASSISTANCE.

Section 844(f)(1) of title 18, United States Code, is amended
by inserting before the word ‘‘shall’’ the following: ‘‘or any institution
or organization receiving Federal financial assistance,’’.
SEC. 1126. RELIEF FROM DISABILITIES.

Section 845(b) of title 18, United States Code, is amended
to read as follows:
‘‘(b)(1) A person who is prohibited from shipping, transporting,
receiving, or possessing any explosive under section 842(i) may
apply to the Secretary for relief from such prohibition.
‘‘(2) The Secretary may grant the relief requested under paragraph (1) if the Secretary determines that the circumstances
regarding the applicability of section 842(i), and the applicant’s
record and reputation, are such that the applicant will not be
likely to act in a manner dangerous to public safety and that
the granting of such relief is not contrary to the public interest.
‘‘(3) A licensee or permittee who applies for relief, under this
subsection, from the disabilities incurred under this chapter as
a result of an indictment for or conviction of a crime punishable
by imprisonment for a term exceeding 1 year shall not be barred
by such disability from further operations under the license or
permit pending final action on an application for relief filed pursuant to this section.’’.
SEC. 1127. THEFT REPORTING REQUIREMENT.

Section 844 of title 18, United States Code, is amended by
adding at the end the following:
‘‘(p) THEFT REPORTING REQUIREMENT.—
‘‘(1) IN GENERAL.—A holder of a license or permit who
knows that explosive materials have been stolen from that
licensee or permittee, shall report the theft to the Secretary
not later than 24 hours after the discovery of the theft.

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‘‘(2) PENALTY.—A holder of a license or permit who does
not report a theft in accordance with paragraph (1), shall be
fined not more than $10,000, imprisoned not more than 5
years, or both.’’.

SEC. 1128. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as necessary
to carry out this subtitle and the amendments made by this subtitle.

TITLE XII—AIRLINE WAR RISK
INSURANCE LEGISLATION
SEC. 1201. AIR CARRIER LIABILITY FOR THIRD PARTY CLAIMS ARISING
OUT OF ACTS OF TERRORISM.

Section 44303 of title 49, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Secretary
of Transportation’’;
(2) by moving the text of paragraph (2) of section 201(b)
of the Air Transportation Safety and System Stabilization Act
(115 Stat. 235) to the end and redesignating such paragraph
as subsection (b);
(3) in subsection (b) (as so redesignated)—
(A) by striking the subsection heading and inserting
‘‘AIR CARRIER LIABILITY FOR THIRD PARTY CLAIMS ARISING
OUT OF ACTS OF TERRORISM.—’’;
(B) in the first sentence by striking ‘‘the 180-day period
following the date of enactment of this Act, the Secretary
of Transportation’’ and inserting ‘‘the period beginning on
September 22, 2001, and ending on December 31, 2003,
the Secretary’’; and
(C) in the last sentence by striking ‘‘this paragraph’’
and inserting ‘‘this subsection’’.

49 USC 40101
note.

SEC. 1202. EXTENSION OF INSURANCE POLICIES.

Section 44302 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(f) EXTENSION OF POLICIES.—
‘‘(1) IN GENERAL.—The Secretary shall extend through
August 31, 2003, and may extend through December 31, 2003,
the termination date of any insurance policy that the Department of Transportation issued to an air carrier under subsection
(a) and that is in effect on the date of enactment of this
subsection on no less favorable terms to the air carrier than
existed on June 19, 2002; except that the Secretary shall amend
the insurance policy, subject to such terms and conditions as
the Secretary may prescribe, to add coverage for losses or
injuries to aircraft hulls, passengers, and crew at the limits
carried by air carriers for such losses and injuries as of such
date of enactment and at an additional premium comparable
to the premium charged for third-party casualty coverage under
such policy.
‘‘(2) SPECIAL RULES.—Notwithstanding paragraph (1)—
‘‘(A) in no event shall the total premium paid by the
air carrier for the policy, as amended, be more than twice

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the premium that the air carrier was paying to the Department of Transportation for its third party policy as of
June 19, 2002; and
‘‘(B) the coverage in such policy shall begin with the
first dollar of any covered loss that is incurred.’’.
SEC. 1203. CORRECTION OF REFERENCE.

49 USC 44306.

Effective November 19, 2001, section 147 of the Aviation and
Transportation Security Act (Public Law 107–71) is amended by
striking ‘‘(b)’’ and inserting ‘‘(c)’’.

Effective date.

SEC. 1204. REPORT.

Not later than 90 days after the date of enactment of this
Act, the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
a report that—
(A) evaluates the availability and cost of commercial
war risk insurance for air carriers and other aviation entities for passengers and third parties;
(B) analyzes the economic effect upon air carriers and
other aviation entities of available commercial war risk
insurance; and
(C) describes the manner in which the Department
could provide an alternative means of providing aviation
war risk reinsurance covering passengers, crew, and third
parties through use of a risk-retention group or by other
means.

TITLE XIII—FEDERAL WORKFORCE
IMPROVEMENT

Deadline.

Chief Human
Capital Officers
Act of 2002.

Subtitle A—Chief Human Capital Officers
SEC. 1301. SHORT TITLE.

5 USC 101 note.

This title may be cited as the ‘‘Chief Human Capital Officers
Act of 2002’’.
SEC. 1302. AGENCY CHIEF HUMAN CAPITAL OFFICERS.

(a) IN GENERAL.—Part II of title 5, United States Code, is
amended by inserting after chapter 13 the following:
‘‘CHAPTER 14—AGENCY CHIEF HUMAN CAPITAL
OFFICERS
‘‘Sec.
‘‘1401. Establishment of agency Chief Human Capital Officers.
‘‘1402. Authority and functions of agency Chief Human Capital Officers.

‘‘§ 1401. Establishment of agency Chief Human Capital Officers
‘‘The head of each agency referred to under paragraphs (1)
and (2) of section 901(b) of title 31 shall appoint or designate
a Chief Human Capital Officer, who shall—
‘‘(1) advise and assist the head of the agency and other
agency officials in carrying out the agency’s responsibilities

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PUBLIC LAW 107–296—NOV. 25, 2002
for selecting, developing, training, and managing a high-quality,
productive workforce in accordance with merit system principles;
‘‘(2) implement the rules and regulations of the President
and the Office of Personnel Management and the laws governing the civil service within the agency; and
‘‘(3) carry out such functions as the primary duty of the
Chief Human Capital Officer.

‘‘§ 1402. Authority and functions of agency Chief Human Capital Officers
‘‘(a) The functions of each Chief Human Capital Officer shall
include—
‘‘(1) setting the workforce development strategy of the
agency;
‘‘(2) assessing workforce characteristics and future needs
based on the agency’s mission and strategic plan;
‘‘(3) aligning the agency’s human resources policies and
programs with organization mission, strategic goals, and
performance outcomes;
‘‘(4) developing and advocating a culture of continuous
learning to attract and retain employees with superior abilities;
‘‘(5) identifying best practices and benchmarking studies,
and
‘‘(6) applying methods for measuring intellectual capital
and identifying links of that capital to organizational performance and growth.
‘‘(b) In addition to the authority otherwise provided by this
section, each agency Chief Human Capital Officer—
‘‘(1) shall have access to all records, reports, audits, reviews,
documents, papers, recommendations, or other material that—
‘‘(A) are the property of the agency or are available
to the agency; and
‘‘(B) relate to programs and operations with respect
to which that agency Chief Human Capital Officer has
responsibilities under this chapter; and
‘‘(2) may request such information or assistance as may
be necessary for carrying out the duties and responsibilities
provided by this chapter from any Federal, State, or local
governmental entity.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
chapters for chapters for part II of title 5, United States Code,
is amended by inserting after the item relating to chapter 13
the following:
‘‘14. Agency Chief Human Capital Officers .................................................. 1401’’.
5 USC 1401 note.

SEC. 1303. CHIEF HUMAN CAPITAL OFFICERS COUNCIL.

(a) ESTABLISHMENT.—There is established a Chief Human Capital Officers Council, consisting of—
(1) the Director of the Office of Personnel Management,
who shall act as chairperson of the Council;
(2) the Deputy Director for Management of the Office of
Management and Budget, who shall act as vice chairperson
of the Council; and
(3) the Chief Human Capital Officers of Executive departments and any other members who are designated by the
Director of the Office of Personnel Management.

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(b) FUNCTIONS.—The Chief Human Capital Officers Council
shall meet periodically to advise and coordinate the activities of
the agencies of its members on such matters as modernization
of human resources systems, improved quality of human resources
information, and legislation affecting human resources operations
and organizations.
(c) EMPLOYEE LABOR ORGANIZATIONS AT MEETINGS.—The Chief
Human Capital Officers Council shall ensure that representatives
of Federal employee labor organizations are present at a minimum
of 1 meeting of the Council each year. Such representatives shall
not be members of the Council.
(d) ANNUAL REPORT.—Each year the Chief Human Capital Officers Council shall submit a report to Congress on the activities
of the Council.
SEC. 1304. STRATEGIC HUMAN CAPITAL MANAGEMENT.

Section 1103 of title 5, United States Code, is amended by
adding at the end the following:
‘‘(c)(1) The Office of Personnel Management shall design a
set of systems, including appropriate metrics, for assessing the
management of human capital by Federal agencies.
‘‘(2) The systems referred to under paragraph (1) shall be
defined in regulations of the Office of Personnel Management and
include standards for—
‘‘(A)(i) aligning human capital strategies of agencies with
the missions, goals, and organizational objectives of those agencies; and
‘‘(ii) integrating those strategies into the budget and strategic plans of those agencies;
‘‘(B) closing skill gaps in mission critical occupations;
‘‘(C) ensuring continuity of effective leadership through
implementation of recruitment, development, and succession
plans;
‘‘(D) sustaining a culture that cultivates and develops a
high performing workforce;
‘‘(E) developing and implementing a knowledge management strategy supported by appropriate investment in training
and technology; and
‘‘(F) holding managers and human resources officers
accountable for efficient and effective human resources management in support of agency missions in accordance with merit
system principles.’’.
SEC. 1305. EFFECTIVE DATE.

5 USC 1103 note.

This subtitle shall take effect 180 days after the date of enactment of this Act.

Subtitle B—Reforms Relating to Federal
Human Capital Management
SEC. 1311. INCLUSION OF AGENCY HUMAN CAPITAL STRATEGIC PLANNING IN PERFORMANCE PLANS AND PROGRAMS
PERFORMANCE REPORTS.

(a) PERFORMANCE PLANS.—Section 1115 of title 31, United
States Code, is amended—

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(1) in subsection (a), by striking paragraph (3) and inserting
the following:
‘‘(3) provide a description of how the performance goals
and objectives are to be achieved, including the operation processes, training, skills and technology, and the human, capital,
information, and other resources and strategies required to
meet those performance goals and objectives.’’;
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following:
‘‘(f) With respect to each agency with a Chief Human Capital
Officer, the Chief Human Capital Officer shall prepare that portion
of the annual performance plan described under subsection (a)(3).’’.
(b) PROGRAM PERFORMANCE REPORTS.—Section 1116(d) of title
31, United States Code, is amended—
(1) in paragraph (4), by striking ‘‘and’’ after the semicolon;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
‘‘(5) include a review of the performance goals and evaluation of the performance plan relative to the agency’s strategic
human capital management; and’’.
SEC. 1312. REFORM OF THE COMPETITIVE SERVICE HIRING PROCESS.

Regulations.

(a) IN GENERAL.—Chapter 33 of title 5, United States Code,
is amended—
(1) in section 3304(a)—
(A) in paragraph (1), by striking ‘‘and’’ after the semicolon;
(B) in paragraph (2), by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end of the following:
‘‘(3) authority for agencies to appoint, without regard to
the provision of sections 3309 through 3318, candidates directly
to positions for which—
‘‘(A) public notice has been given; and
‘‘(B) the Office of Personnel Management has determined that there exists a severe shortage of candidates
or there is a critical hiring need.
The Office shall prescribe, by regulation, criteria for identifying
such positions and may delegate authority to make determinations
under such criteria.’’; and
(2) by inserting after section 3318 the following:
‘‘§ 3319. Alternative ranking and selection procedures
‘‘(a) The Office, in exercising its authority under section 3304,
or an agency to which the Office has delegated examining authority
under section 1104(a)(2), may establish category rating systems
for evaluating applicants for positions in the competitive service,
under 2 or more quality categories based on merit consistent with
regulations prescribed by the Office of Personnel Management,
rather than assigned individual numerical ratings.
‘‘(b) Within each quality category established under subsection
(a), preference-eligibles shall be listed ahead of individuals who
are not preference eligibles. For other than scientific and professional positions at GS–9 of the General Schedule (equivalent or
higher), qualified preference-eligibles who have a compensable
service-connected disability of 10 percent or more shall be listed
in the highest quality category.

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‘‘(c)(1) An appointing official may select any applicant in the
highest quality category or, if fewer than 3 candidates have been
assigned to the highest quality category, in a merged category
consisting of the highest and the second highest quality categories.
‘‘(2) Notwithstanding paragraph (1), the appointing official may
not pass over a preference-eligible in the same category from which
selection is made, unless the requirements of section 3317(b) or
3318(b), as applicable, are satisfied.
‘‘(d) Each agency that establishes a category rating system
under this section shall submit in each of the 3 years following
that establishment, a report to Congress on that system including
information on—
‘‘(1) the number of employees hired under that system;
‘‘(2) the impact that system has had on the hiring of veterans and minorities, including those who are American Indian
or Alaska Natives, Asian, Black or African American, and
native Hawaiian or other Pacific Islanders; and
‘‘(3) the way in which managers were trained in the
administration of that system.
‘‘(e) The Office of Personnel Management may prescribe such
regulations as it considers necessary to carry out the provisions
of this section.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
sections for chapter 33 of title 5, United States Code, is amended
by striking the item relating to section 3319 and inserting the
following:

Reports.

‘‘3319. Alternative ranking and selection procedures.’’.
SEC. 1313. PERMANENT EXTENSION, REVISION, AND EXPANSION OF
AUTHORITIES FOR USE OF VOLUNTARY SEPARATION
INCENTIVE PAY AND VOLUNTARY EARLY RETIREMENT.

(a) VOLUNTARY SEPARATION INCENTIVE PAYMENTS.—
(1) IN GENERAL.—
(A) AMENDMENT TO TITLE 5, UNITED STATES CODE.—
Chapter 35 of title 5, United States Code, is amended
by inserting after subchapter I the following:
‘‘SUBCHAPTER II—VOLUNTARY SEPARATION INCENTIVE
PAYMENTS
‘‘§ 3521. Definitions
‘‘In this subchapter, the term—
‘‘(1) ‘agency’ means an Executive agency as defined under
section 105; and
‘‘(2) ‘employee’—
‘‘(A) means an employee as defined under section 2105
employed by an agency and an individual employed by
a county committee established under section 8(b)(5) of
the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590h(b)(5)) who—
‘‘(i) is serving under an appointment without time
limitation; and
‘‘(ii) has been currently employed for a continuous
period of at least 3 years; and
‘‘(B) shall not include—

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PUBLIC LAW 107–296—NOV. 25, 2002
‘‘(i) a reemployed annuitant under subchapter III
of chapter 83 or 84 or another retirement system for
employees of the Government;
‘‘(ii) an employee having a disability on the basis
of which such employee is or would be eligible for
disability retirement under subchapter III of chapter
83 or 84 or another retirement system for employees
of the Government;
‘‘(iii) an employee who is in receipt of a decision
notice of involuntary separation for misconduct or
unacceptable performance;
‘‘(iv) an employee who has previously received any
voluntary separation incentive payment from the Federal Government under this subchapter or any other
authority;
‘‘(v) an employee covered by statutory reemployment rights who is on transfer employment with
another organization; or
‘‘(vi) any employee who—
‘‘(I) during the 36-month period preceding the
date of separation of that employee, performed
service for which a student loan repayment benefit
was or is to be paid under section 5379;
‘‘(II) during the 24-month period preceding the
date of separation of that employee, performed
service for which a recruitment or relocation bonus
was or is to be paid under section 5753; or
‘‘(III) during the 12-month period preceding
the date of separation of that employee, performed
service for which a retention bonus was or is to
be paid under section 5754.

‘‘§ 3522. Agency plans; approval
‘‘(a) Before obligating any resources for voluntary separation
incentive payments, the head of each agency shall submit to the
Office of Personnel Management a plan outlining the intended
use of such incentive payments and a proposed organizational chart
for the agency once such incentive payments have been completed.
‘‘(b) The plan of an agency under subsection (a) shall include—
‘‘(1) the specific positions and functions to be reduced or
eliminated;
‘‘(2) a description of which categories of employees will
be offered incentives;
‘‘(3) the time period during which incentives may be paid;
‘‘(4) the number and amounts of voluntary separation incentive payments to be offered; and
‘‘(5) a description of how the agency will operate without
the eliminated positions and functions.
‘‘(c) The Director of the Office of Personnel Management shall
review each agency’s plan an may make any appropriate modifications in the plan, in consultation with the Director of the Office
of Management and Budget. A plan under this section may not
be implemented without the approval of the Directive of the Office
of Personnel Management.

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‘‘§ 3523. Authority to provide voluntary separation incentive
payments
‘‘(a) A voluntary separation incentive payment under this subchapter may be paid to an employee only as provided in the plan
of an agency established under section 3522.
‘‘(b) A voluntary incentive payment—
‘‘(1) shall be offered to agency employees on the basis
of—
‘‘(A) 1 or more organizational units;
‘‘(B) 1 or more occupational series or levels;
‘‘(C) 1 or more geographical locations;
‘‘(D) skills, knowledge, or other factors related to a
position;
‘‘(E) specific periods of time during which eligible
employees may elect a voluntary incentive payment; or
‘‘(F) any appropriate combination of such factors;
‘‘(2) shall be paid in a lump sum after the employee’s
separation;
‘‘(3) shall be equal to the lesser of—
‘‘(A) an amount equal to the amount the employee
would be entitled to receive under section 5595(c) if the
employee were entitled to payment under such section
(without adjustment for any previous payment made); or
‘‘(B) an amount determined by the agency head, not
to exceed $25,000;
‘‘(4) may be made only in the case of an employee who
voluntarily separates (whether by retirement or resignation)
under this subchapter;
‘‘(5) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
‘‘(6) shall not be taken into account in determining the
amount of any severance pay to which the employee may be
entitled under section 5595, based on another other separation;
and
‘‘(7) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
‘‘§ 3524. Effect of subsequent employment with the Government
‘‘(a) The term ‘employment’—
‘‘(1) in subsection (b) includes employment under a personal
services contract (or other direct contract) with the United
States Government (other than an entity in the legislative
branch); and
‘‘(2) in subsection (c) does not include employment under
such a contract.
‘‘(b) An individual who has received a voluntary separation
incentive payment under this subchapter and accepts any employment for compensation with the Government of the United States
with 5 years after the date of the separation on which the payment
is based shall be required to pay, before the individual’s first day
of employment, the entire amount of the incentive payment to
the agency that paid the incentive payment.
‘‘(c)(1) If the employment under this section is with an agency,
other than the General Accounting Office, the United States Postal
Service, or the Postal Rate Commission, the Director of the Office

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of Personnel Management may, at the request of the head of the
agency, may waive the repayment if—
‘‘(A) the individual involved possesses unique abilities and
is the only qualified applicant available for the position; or
‘‘(B) in case of an emergency involving a direct threat
to life or property, the individual—
‘‘(i) has skills directly related to resolving the emergency; and
‘‘(ii) will serve on a temporary basis only so long as
that individual’s services are made necessary by the emergency.
‘‘(2) If the employment under this section is with an entity
in the legislative branch, the head of the entity or the appointing
official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available
for the position.
‘‘(3) If the employment under this section is with the judicial
branch, the Director of the Administrative Office of the United
States Courts may waive the repayment if the individual involved
possesses unique abilities and is the only qualified applicant available for the position.
‘‘§ 3525. Regulations
‘‘The Office of Personnel Management may prescribe regulations to carry out this subchapter.’’.
(B) TECHNICAL AND CONFORMING AMENDMENTS.—
Chapter 35 of title 5, United States Code, is amended—
(i) by striking the chapter heading and inserting
the following:
‘‘CHAPTER 35—RETENTION PREFERENCE, VOLUNTARY
SEPARATION INCENTIVE PAYMENTS, RESTORATION,
AND REEMPLOYMENT’’;
and
(ii) in the table of sections by inserting after the
item relating to section 3504 the following:
‘‘SUBCHAPTER II—VOLUNTARY SEPARATION INCENTIVE PAYMENTS
‘‘3521. Definitions.
‘‘3522. Agency plans; approval.
‘‘3523. Authority to provide voluntary separation incentive payments.
‘‘3524. Effect of subsequent employment with the Government.
‘‘3525. Regulations.’’.
5 USC 3521 note.

5 USC 3521 note.

5 USC 3521 note.

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(2) ADMINISTRATIVE OFFICE OF THE UNITED STATES
COURTS.—The Director of the Administrative Office of the
United States Courts may, by regulation, establish a program
substantially similar to the program established under paragraph (1) for individuals serving in the judicial branch.
(3) CONTINUATION OF OTHER AUTHORITY.—Any agency exercising any voluntary separation incentive authority in effect
on the effective date of this subsection may continue to offer
voluntary separation incentives consistent with that authority
until that authority expires.
(4) EFFECTIVE DATE.—This subsection shall take effect 60
days after the date of enactment of this Act.
(b) FEDERAL EMPLOYEE VOLUNTARY EARLY RETIREMENT.—
(1) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8336(d)(2)
of title 5, United States Code, is amended to read as follows:

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‘‘(2)(A) has been employed continuously, by the agency in
which the employee is serving, for at least the 31-day period
ending on the date on which such agency requests the determination referred to in subparagraph (D);
‘‘(B) is serving under an appointment that is not time
limited;
‘‘(C) has not been duly notified that such employee is to
be involuntarily separated for misconduct or unacceptable
performance;
‘‘(D) is separated from the service voluntarily during a
period in which, as determined by the office of Personnel
Management (upon request of the agency) under regulations
prescribed by the Office—
‘‘(i) such agency (or, if applicable, the component in
which the employee is serving) is undergoing substantial
delayering, substantial reorganization, substantial reductions in force, substantial transfer of function, or other
substantial workforce restructuring (or shaping);
‘‘(ii) a significant percentage of employees servicing
in such agency (or component) are likely to be separated
or subject to an immediate reduction in the rate of basic
pay (without regard to subchapter VI of chapter 53, or
comparable provisions); or
‘‘(iii) identified as being in positions which are
becoming surplus or excess to the agency’s future ability
to carry out its mission effectively; and
‘‘(E) as determined by the agency under regulations prescribed by the Office, is within the scope of the offer of voluntary
early retirement, which may be made on the basis of—
‘‘(i) 1 or more organizational units;
‘‘(ii) 1 or more occupational series or levels;
‘‘(iii) 1 or more geographical locations;
‘‘(iv) specific periods;
‘‘(v) skills, knowledge, or other factors related to a
position; or
‘‘(vi) any appropriate combination of such factors;’’.
(2) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—Section
8414(b)(1) of title 5, United States Code, is amended by striking
subparagraph (B) and inserting the following:
‘‘(B)(i) has been employed continuously, by the agency
in which the employee is serving, for at least the 31day period ending on the date on which such agency
requests the determination referred to in clause (iv);
‘‘(ii) is serving under an appointment that is not time
limited;
‘‘(iii) has not been duly notified that such employee
is to be involuntarily separated for misconduct or unacceptable performance;
‘‘(iv) is separate from the service voluntarily during
a period in which, as determined by the Office of Personnel
Management (upon request of the agency) under regulations prescribed by the Office—
‘‘(I) such agency (or, if applicable, the component
in which the employee is serving) is undergoing
substantial delayering, substantial reorganization,
substantial reductions in force, substantial transfer of

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Regulations.

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8414 note.
5 USC 8336 note.
5 USC 3521 note.

PUBLIC LAW 107–296—NOV. 25, 2002

function, or other substantial workforce restructuring
(or shaping);
‘‘(II) a significant percentage of employees serving
in such agency (or component) are likely to be separated or subject to an immediate reduction in the rate
of basic pay (without regard to subchapter VI of chapter
53, or comparable provisions); or
‘‘(III) identified as being in positions which are
becoming surplus or excess to the agency’s future
ability to carry out its mission effectively; and
‘‘(v) as determined by the agency under regulations
prescribed by the Office, is within the scope of the offer
of voluntary early retirement, which may be made on the
basis of—
‘‘(I) 1 or more organizational units;
‘‘(II) 1 or more occupational series or levels;
‘‘(III) 1 or more geographical locations;
‘‘(IV) specific periods;
‘‘(V) skills, knowledge, or other factors related to
a position; or
‘‘(VI) any appropriate combination of such factors.’’.
(3) GENERAL ACCOUNTING OFFICE AUTHORITY.—The amendments made by this subsection shall not be construed to affect
the authority under section 1 of Public Law 106–303 (5 U.S.C.
8336 note; 114 State. 1063).
(4) TECHNICAL AND CONFORMING AMENDMENTS.—Section
7001 of the 1998 Supplemental Appropriations and Rescissions
Act (Public Law 105–174; 112 Stat. 91) is repealed.
(5) REGULATIONS.—The Office of Personnel Management
may prescribe regulations to carry out this subsection.
(c) SENSE OF CONGRESS.—It is the sense of Congress that
the implementation of this section is intended to reshape the Federal workforce and not downsize the Federal workforce.
SEC. 1314. STUDENT VOLUNTEER TRANSIT SUBSIDY.

(a) IN GENERAL.—Section 7905(a)(1) of title 5, United States
Code, is amended by striking ‘‘and a member of a uniformed service’’
and inserting ‘‘, a member of a uniformed service, and a student
who provides voluntary services under section 3111’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—Section
3111(c)(1) of title 5, United States Code, is amended by striking
‘‘chapter 81 of this title’’ and inserting ‘‘section 7905 (relating to
commuting by means other than single-occupancy motor vehicles),
chapter 81’’.

Subtitle C—Reforms Relating to the Senior
Executive Service
SEC. 1321. REPEAL OF RECERTIFICATION REQUIREMENTS OF SENIOR
EXECUTIVES.

(a) IN GENERAL.—Title 5, United States Code, is amended—
(1) in chapter 33—
(A) in section 3393(g) by striking ‘‘3393a’’;
(B) by repealing section 3393a; and
(C) in the table of sections by striking the item relating
to section 3393a;

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(2) in chapter 35—
(A) in section 3592(a)—
(i) in paragraph (1), by inserting ‘‘or’’ at the end;
(ii) in paragraph (2), by striking ‘‘or’’ at the end;
(iii) by striking paragraph (3); and
(iv) by striking the last sentence;
(B) in section 3593(a), by striking paragraph (2) and
inserting the following:
‘‘(2) the appointee left the Senior Executive Service for
reasons other than misconduct, neglect of duty, malfeasance,
or less than fully successful executive performance as determined under subchapter II of chapter 43.’’; and
(C) in section 3594(b)—
(i) in paragraph (1), by inserting ‘‘or’’ at the end;
(ii) in paragraph (2), by striking ‘‘or’’ at the end;
and
(iii) by striking paragraph (3);
(3) in section 7701(c)(1)(A), by striking ‘‘or removal from
the Senior Executive Service for failure to be recertified under
section 3393a’’;
(4) in chapter 83—
(A) in section 8336(h)(1), by striking ‘‘for failure to
be recertified as a senior executive under section 3393a
or’’; and
(B) in section 8339(h), in the first sentence, by striking
‘‘, except that such reduction shall not apply in the case
of an employee retiring under section 8336(h) for failure
to be recertified as a senior executive’’; and
(5) in chapter 84—
(A) in section 8414(a)(1), by striking ‘‘for failure to
be recertified as a senior executive under section 3393a
or’’; and
(B) in section 8421(a)(2), by striking ‘‘, except that
an individual entitled to an annuity under section 8414(a)
for failure to be recertified as a senior executive shall
be entitled to an annuity supplement without regard to
such applicable retirement age’’.
(b) SAVINGS PROVISION.—Notwithstanding the amendments
made by subsection (a)(2)(A), an appeal under the final sentence
of section 3592(a) of title 5, United States Code, that is pending
on the day before the effective date of this section—
(1) shall not abate by reason of the enactment of the
amendments made by subsection (a)(2)(A); and
(2) shall continue as if such amendments had not been
enacted.
(c) APPLICATION.—The amendment made by subsection (a)(2)(B)
shall not apply with respect to an individual who, before the effective date of this section, leaves the Senior Executive Service for
failure to be recertified as a senior executive under section 3393a
of title 5, United States Code.

5 USC 3592 note.

5 USC 3593 note.

SEC. 1322. ADJUSTMENT OF LIMITATION ON TOTAL ANNUAL COMPENSATION.

(a) IN GENERAL.—Section 5307 of title 5, United States Code,
is amended by adding at the end the following:
‘‘(d)(1) Notwithstanding any other provision of this section,
subsection (a)(1) shall be applied by substituting ‘the total annual

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compensation payable to the Vice President under section 104 of
title 3’ for ‘the annual rate of basic pay payable for level I of
the Executive Schedule’ in the case of any employee who—
‘‘(A) is paid under section 5376 or 5383 of this title or
section 332(f), 603, or 604 of title 28; and
‘‘(B) holds a position in or under an agency which is
described in paragraph (2).
‘‘(2) An agency described in this paragraph is any agency which,
for purposes of the calendar year involved, has been certified under
this subsection as having a performance appraisal system which
(as designed and applied) makes meaningful distinctions based
on relative performance.
‘‘(3)(A) The Office of Personnel Management and the Office
of Management and Budget jointly shall promulgate such regulations as may be necessary to carry out this subsection, including
the criteria and procedures in accordance with which any determinations under this subsection shall be made.
‘‘(B) An agency’s certification under this subsection shall be
for a period of 2 calendar years, except that such certification
may be terminated at any time, for purposes of either or both
of those years, upon a finding that the actions of such agency
have not remained in conformance with applicable requirements.
‘‘(C) Any certification or decertification under this subsection
shall be made by the Office of Personnel Management, with the
concurrence of the Office of Management and Budget.
‘‘(4) Notwithstanding any provision of paragraph (3), any regulations, certifications, or other measures necessary to carry out
this subsection with respect to employees within the judicial branch
shall be the responsibility of the Director of the Administrative
Office of the United States Courts. However, the regulations under
this paragraph shall be consistent with those promulgated under
paragraph (3).’’.
(b) CONFORMING AMENDMENTS.—(1) Section 5307(a) of title 5,
United States Code, is amended by inserting ‘‘or as otherwise provided under subsection (d),’’ after ‘‘under law,’’.
(2) Section 5307(c) of such title is amended by striking ‘‘this
section,’’ and inserting ‘‘this section (subject to subsection (d)),’’.

Subtitle D—Academic Training
SEC. 1331. ACADEMIC TRAINING.

(a) ACADEMIC DEGREE TRAINING.—Section 4107 of title 5,
United States Code, is amended to read as follows:
‘‘§ 4107. Academic degree training
‘‘(a) Subject to subsection (b), an agency may select and assign
an employee to academic degree training and may pay or reimburse
the costs of academic degree training from appropriated or other
available funds if such training—
‘‘(1) contributes significantly to—
‘‘(A) meeting an identified agency training need;
‘‘(B) resolving an identified agency staffing problem;
or
‘‘(C) accomplishing goals in the strategic plan of the
agency;

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‘‘(2) is part of a planned, systemic, and coordinated agency
employee development program linked to accomplishing the
strategic goals of the agency; and
‘‘(3) is accredited and is provided by a college or university
that is accredited by a nationally recognized body.
‘‘(b) In exercising authority under subsection (a), an agency
shall—
‘‘(1) consistent with the merit system principles set forth
in paragraphs (2) and (7) of section 2301(b), take into consideration the need to—
‘‘(A) maintain a balanced workforce in which women,
members of racial and ethnic minority groups, and persons
with disabilities are appropriately represented in Government service; and
‘‘(B) provide employees effective education and training
to improve organizational and individual performance;
‘‘(2) assure that the training is not for the sole purpose
of providing an employee an opportunity to obtain an academic
degree or qualify for appointment to a particular position for
which the academic degree is a basic requirement;
‘‘(3) assure that no authority under this subsection is exercised on behalf of any employee occupying or seeking to qualify
for—
‘‘(A) a noncareer appointment in the senior Executive
Service; or
‘‘(B) appointment to any position that is excepted from
the competitive service because of its confidential policydetermining, policy-making or policy-advocating character;
and
‘‘(4) to the greatest extent practicable, facilitate the use
of online degree training.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
sections for chapter 41 of title 5, United States Code, is amended
by striking the item relating to section 4107 and inserting the
following:
‘‘4107. Academic degree training.’’.
SEC. 1332. MODIFICATIONS TO NATIONAL SECURITY EDUCATION PROGRAM.

5 USC 3301 note.

(a) FINDINGS AND POLICIES.—
(1) FINDINGS.—Congress finds that—
(A) the United States Government actively encourages
and financially supports the training, education, and
development of many United States citizens;
(B) as a condition of some of those supports, many
of those citizens have an obligation to seek either compensated or uncompensated employment in the Federal
sector; and
(C) it is in the United States national interest to maximize the return to the Nation of funds invested in the
development of such citizens by seeking to employ them
in the Federal sector.
(2) POLICY.—It shall be the policy of the United States
Government to—
(A) establish procedures for ensuring that United
States citizens who have incurred service obligations as
the result of receiving financial support for education and

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training from the United States Government and have
applied for Federal positions are considered in all recruitment and hiring initiatives of Federal departments,
bureaus, agencies, and offices; and
(B) advertise and open all Federal positions to United
States citizens who have incurred service obligations with
the United States Government as the result of receiving
financial support for education and training from the
United States Government.
(b) FULFILLMENT OF SERVICE REQUIREMENT IF NATIONAL SECURITY POSITIONS ARE UNAVAILABLE.—Section 802(b)(2) of the David
L. Boren National Security Education Act of 1991 (50 U.S.C. 1902)
is amended—
(1) in subparagraph (A), by striking clause (ii) and inserting
the following:
‘‘(ii) if the recipient demonstrates to the Secretary
(in accordance with such regulations) that no national
security position in an agency or office of the Federal
Government having national security responsibilities
is available, work in other offices or agencies of the
Federal Government or in the field of higher education
in a discipline relating to the foreign country, foreign
language, area study, or international field of study
for which the scholarship was awarded, for a period
specified by the Secretary, which period shall be determined in accordance with clause (i); or’’; and
(2) in subparagraph (B), by striking clause (ii) and inserting
the following:
‘‘(ii) if the recipient demonstrates to the Secretary
(in accordance with such regulations) that no national
security position is available upon the completion of
the degree, work in other offices or agencies of the
Federal Government or in the field of higher education
in a discipline relating to foreign country, foreign language, area study, or international field of study for
which the fellowship was awarded, for a period specified by the Secretary, which period shall be determined
in accordance with clause (i); and’’.

TITLE XIV—ARMING PILOTS AGAINST
TERRORISM

Arming Pilots
Against
Terrorism Act.
49 USC 40101
note.

SEC. 1401. SHORT TITLE.

This title may be cited as the ‘‘Arming Pilots Against Terrorism
Act’’.
SEC. 1402. FEDERAL FLIGHT DECK OFFICER PROGRAM.

(a) IN GENERAL.—Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
‘‘§ 44921. Federal flight deck officer program
‘‘(a) ESTABLISHMENT.—The Under Secretary of Transportation
for Security shall establish a program to deputize volunteer pilots
of air carriers providing passenger air transportation or intrastate
passenger air transportation as Federal law enforcement officers
to defend the flight decks of aircraft of such air carriers against

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acts of criminal violence or air piracy. Such officers shall be known
as ‘Federal flight deck officers’.
‘‘(b) PROCEDURAL REQUIREMENTS.—
‘‘(1) IN GENERAL.—Not later than 3 months after the date
of enactment of this section, the Under Secretary shall establish
procedural requirements to carry out the program under this
section.
‘‘(2) COMMENCEMENT OF PROGRAM.—Beginning 3 months
after the date of enactment of this section, the Under Secretary
shall begin the process of training and deputizing pilots who
are qualified to be Federal flight deck officers as Federal flight
deck officers under the program.
‘‘(3) ISSUES TO BE ADDRESSED.—The procedural requirements established under paragraph (1) shall address the following issues:
‘‘(A) The type of firearm to be used by a Federal flight
deck officer.
‘‘(B) The type of ammunition to be used by a Federal
flight deck officer.
‘‘(C) The standards and training needed to qualify and
requalify as a Federal flight deck officer.
‘‘(D) The placement of the firearm of a Federal flight
deck officer on board the aircraft to ensure both its security
and its ease of retrieval in an emergency.
‘‘(E) An analysis of the risk of catastrophic failure
of an aircraft as a result of the discharge (including an
accidental discharge) of a firearm to be used in the program
into the avionics, electrical systems, or other sensitive areas
of the aircraft.
‘‘(F) The division of responsibility between pilots in
the event of an act of criminal violence or air piracy if
only 1 pilot is a Federal flight deck officer and if both
pilots are Federal flight deck officers.
‘‘(G) Procedures for ensuring that the firearm of a
Federal flight deck officer does not leave the cockpit if
there is a disturbance in the passenger cabin of the aircraft
or if the pilot leaves the cockpit for personal reasons.
‘‘(H) Interaction between a Federal flight deck officer
and a Federal air marshal on board the aircraft.
‘‘(I) The process for selection of pilots to participate
in the program based on their fitness to participate in
the program, including whether an additional background
check should be required beyond that required by section
44936(a)(1).
‘‘(J) Storage and transportation of firearms between
flights, including international flights, to ensure the security of the firearms, focusing particularly on whether such
security would be enhanced by requiring storage of the
firearm at the airport when the pilot leaves the airport
to remain overnight away from the pilot’s base airport.
‘‘(K) Methods for ensuring that security personnel will
be able to identify whether a pilot is authorized to carry
a firearm under the program.
‘‘(L) Methods for ensuring that pilots (including Federal
flight deck officers) will be able to identify whether a passenger is a law enforcement officer who is authorized to
carry a firearm aboard the aircraft.

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‘‘(M) Any other issues that the Under Secretary considers necessary.
‘‘(N) The Under Secretary’s decisions regarding the
methods for implementing each of the foregoing procedural
requirements shall be subject to review only for abuse
of discretion.
‘‘(4) PREFERENCE.—In selecting pilots to participate in the
program, the Under Secretary shall give preference to pilots
who are former military or law enforcement personnel.
‘‘(5) CLASSIFIED INFORMATION.—Notwithstanding section
552 of title 5 but subject to section 40119 of this title, information developed under paragraph (3)(E) shall not be disclosed.
‘‘(6) NOTICE TO CONGRESS.—The Under Secretary shall provide notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate after
completing the analysis required by paragraph (3)(E).
‘‘(7) MINIMIZATION OF RISK.—If the Under Secretary determines as a result of the analysis under paragraph (3)(E) that
there is a significant risk of the catastrophic failure of an
aircraft as a result of the discharge of a firearm, the Under
Secretary shall take such actions as may be necessary to minimize that risk.
‘‘(c) TRAINING, SUPERVISION, AND EQUIPMENT.—
‘‘(1) IN GENERAL.—The Under Secretary shall only be obligated to provide the training, supervision, and equipment necessary for a pilot to be a Federal flight deck officer under
this section at no expense to the pilot or the air carrier
employing the pilot.
‘‘(2) TRAINING.—
‘‘(A) IN GENERAL.—The Under Secretary shall base the
requirements for the training of Federal flight deck officers
under subsection (b) on the training standards applicable
to Federal air marshals; except that the Under Secretary
shall take into account the differing roles and responsibilities of Federal flight deck officers and Federal air marshals.
‘‘(B) ELEMENTS.—The training of a Federal flight deck
officer shall include, at a minimum, the following elements:
‘‘(i) Training to ensure that the officer achieves
the level of proficiency with a firearm required under
subparagraph (C)(i).
‘‘(ii) Training to ensure that the officer maintains
exclusive control over the officer’s firearm at all times,
including training in defensive maneuvers.
‘‘(iii) Training to assist the officer in determining
when it is appropriate to use the officer’s firearm and
when it is appropriate to use less than lethal force.
‘‘(C) TRAINING IN USE OF FIREARMS.—
‘‘(i) STANDARD.—In order to be deputized as a Federal flight deck officer, a pilot must achieve a level
of proficiency with a firearm that is required by the
Under Secretary. Such level shall be comparable to
the level of proficiency required of Federal air marshals.
‘‘(ii) CONDUCT OF TRAINING.—The training of a Federal flight deck officer in the use of a firearm may

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be conducted by the Under Secretary or by a firearms
training facility approved by the Under Secretary.
‘‘(iii) REQUALIFICATION.—The Under Secretary
shall require a Federal flight deck officer to requalify
to carry a firearm under the program. Such requalification shall occur at an interval required by the Under
Secretary.
‘‘(d) DEPUTIZATION.—
‘‘(1) IN GENERAL.—The Under Secretary may deputize, as
a Federal flight deck officer under this section, a pilot who
submits to the Under Secretary a request to be such an officer
and whom the Under Secretary determines is qualified to be
such an officer.
‘‘(2) QUALIFICATION.—A pilot is qualified to be a Federal
flight deck officer under this section if—
‘‘(A) the pilot is employed by an air carrier;
‘‘(B) the Under Secretary determines (in the Under
Secretary’s discretion) that the pilot meets the standards
established by the Under Secretary for being such an
officer; and
‘‘(C) the Under Secretary determines that the pilot
has completed the training required by the Under Secretary.
‘‘(3) DEPUTIZATION BY OTHER FEDERAL AGENCIES.—The
Under Secretary may request another Federal agency to deputize, as Federal flight deck officers under this section, those
pilots that the Under Secretary determines are qualified to
be such officers.
‘‘(4) REVOCATION.—The Under Secretary may, (in the Under
Secretary’s discretion) revoke the deputization of a pilot as
a Federal flight deck officer if the Under Secretary finds that
the pilot is no longer qualified to be such an officer.
‘‘(e) COMPENSATION.—Pilots participating in the program under
this section shall not be eligible for compensation from the Federal
Government for services provided as a Federal flight deck officer.
The Federal Government and air carriers shall not be obligated
to compensate a pilot for participating in the program or for the
pilot’s training or qualification and requalification to carry firearms
under the program.
‘‘(f) AUTHORITY TO CARRY FIREARMS.—
‘‘(1) IN GENERAL.—The Under Secretary shall authorize
a Federal flight deck officer to carry a firearm while engaged
in providing air transportation or intrastate air transportation.
Notwithstanding subsection (c)(1), the officer may purchase
a firearm and carry that firearm aboard an aircraft of which
the officer is the pilot in accordance with this section if the
firearm is of a type that may be used under the program.
‘‘(2) PREEMPTION.—Notwithstanding any other provision of
Federal or State law, a Federal flight deck officer, whenever
necessary to participate in the program, may carry a firearm
in any State and from 1 State to another State.
‘‘(3) CARRYING FIREARMS OUTSIDE UNITED STATES.—In consultation with the Secretary of State, the Under Secretary
may take such action as may be necessary to ensure that
a Federal flight deck officer may carry a firearm in a foreign
country whenever necessary to participate in the program.

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‘‘(g) AUTHORITY TO USE FORCE.—Notwithstanding section
44903(d), the Under Secretary shall prescribe the standards and
circumstances under which a Federal flight deck officer may use,
while the program under this section is in effect, force (including
lethal force) against an individual in the defense of the flight
deck of an aircraft in air transportation or intrastate air transportation.
‘‘(h) LIMITATION ON LIABILITY.—
‘‘(1) LIABILITY OF AIR CARRIERS.—An air carrier shall not
be liable for damages in any action brought in a Federal or
State court arising out of a Federal flight deck officer’s use
of or failure to use a firearm.
‘‘(2) LIABILITY OF FEDERAL FLIGHT DECK OFFICERS.—A Federal flight deck officer shall not be liable for damages in any
action brought in a Federal or State court arising out of the
acts or omissions of the officer in defending the flight deck
of an aircraft against acts of criminal violence or air piracy
unless the officer is guilty of gross negligence or willful misconduct.
‘‘(3) LIABILITY OF FEDERAL GOVERNMENT.—For purposes of
an action against the United States with respect to an act
or omission of a Federal flight deck officer in defending the
flight deck of an aircraft, the officer shall be treated as an
employee of the Federal Government under chapter 171 of
title 28, relating to tort claims procedure.
‘‘(i) PROCEDURES FOLLOWING ACCIDENTAL DISCHARGES.—If an
accidental discharge of a firearm under the pilot program results
in the injury or death of a passenger or crew member on an
aircraft, the Under Secretary—
‘‘(1) shall revoke the deputization of the Federal flight
deck officer responsible for that firearm if the Under Secretary
determines that the discharge was attributable to the negligence of the officer; and
‘‘(2) if the Under Secretary determines that a shortcoming
in standards, training, or procedures was responsible for the
accidental discharge, the Under Secretary may temporarily suspend the program until the shortcoming is corrected.
‘‘(j) LIMITATION ON AUTHORITY OF AIR CARRIERS.—No air carrier
shall prohibit or threaten any retaliatory action against a pilot
employed by the air carrier from becoming a Federal flight deck
officer under this section. No air carrier shall—
‘‘(1) prohibit a Federal flight deck officer from piloting
an aircraft operated by the air carrier; or
‘‘(2) terminate the employment of a Federal flight deck
officer, solely on the basis of his or her volunteering for or
participating in the program under this section.
‘‘(k) APPLICABILITY.—
‘‘(1) EXEMPTION.—This section shall not apply to air carriers
operating under part 135 of title 14, Code of Federal Regulations, and to pilots employed by such carriers to the extent
that such carriers and pilots are covered by section 135.119
of such title or any successor to such section.
‘‘(2) PILOT DEFINED.—The term ‘pilot’ means an individual
who has final authority and responsibility for the operation
and safety of the flight or, if more than 1 pilot is required
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which the flight is being conducted, the individual designated
as second in command.’’.
(b) CONFORMING AMENDMENTS.—
(1) CHAPTER ANALYSIS.—The analysis for such chapter is
amended by inserting after the item relating to section 44920
the following:
‘‘44921.

Federal flight deck officer program.’’.

(2) FLIGHT DECK SECURITY.—Section 128 of the Aviation
and Transportation Security Act (Public Law 107–71) is
repealed.
(c) FEDERAL AIR MARSHAL PROGRAM.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that
the Federal air marshal program is critical to aviation security.
(2) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in
this Act, including any amendment made by this Act, shall
be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal
air marshals.

49 USC 44903
note.
6 USC 513.

SEC. 1403. CREW TRAINING.

(a) IN GENERAL.—Section 44918(e) of title 49, United States
Code, is amended—
(1) by striking ‘‘The Administrator’’ and inserting the following:
‘‘(1) IN GENERAL.—The Under Secretary’’;
(2) by adding at the end the following:
‘‘(2) ADDITIONAL REQUIREMENTS.—In updating the training
guidance, the Under Secretary, in consultation with the
Administrator, shall issue a rule to—
‘‘(A) require both classroom and effective hands-on
situational training in the following elements of self
defense:
‘‘(i) recognizing suspicious activities and determining the seriousness of an occurrence;
‘‘(ii) deterring a passenger who might present a
problem;
‘‘(iii) crew communication and coordination;
‘‘(iv) the proper commands to give to passengers
and attackers;
‘‘(v) methods to subdue and restrain an attacker;
‘‘(vi) use of available items aboard the aircraft
for self-defense;
‘‘(vii) appropriate and effective responses to defend
oneself, including the use of force against an attacker;
‘‘(viii) use of protective devices assigned to crew
members (to the extent such devices are approved by
the Administrator or Under Secretary);
‘‘(ix) the psychology of terrorists to cope with their
behavior and passenger responses to that behavior;
and
‘‘(x) how to respond to aircraft maneuvers that
may be authorized to defend against an act of criminal
violence or air piracy;
‘‘(B) require training in the proper conduct of a cabin
search, including the duty time required to conduct the
search;

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‘‘(C) establish the required number of hours of training
and the qualifications for the training instructors;
‘‘(D) establish the intervals, number of hours, and elements of recurrent training;
‘‘(E) ensure that air carriers provide the initial training
required by this paragraph within 24 months of the date
of enactment of this subparagraph; and
‘‘(F) ensure that no person is required to participate
in any hands-on training activity that that person believes
will have an adverse impact on his or her health or safety.
‘‘(3) RESPONSIBILITY OF UNDER SECRETARY.—(A) CONSULTATION.—In developing the rule under paragraph (2), the Under
Secretary shall consult with law enforcement personnel and
security experts who have expertise in self-defense training,
terrorism experts, and representatives of air carriers, the provider of self-defense training for Federal air marshals, flight
attendants, labor organizations representing flight attendants,
and educational institutions offering law enforcement training
programs.
‘‘(B) DESIGNATION OF OFFICIAL.—The Under Secretary shall
designate an official in the Transportation Security Administration to be responsible for overseeing the implementation of
the training program under this subsection.
‘‘(C) NECESSARY RESOURCES AND KNOWLEDGE.—The Under
Secretary shall ensure that employees of the Administration
responsible for monitoring the training program have the necessary resources and knowledge.’’; and
(3) by aligning the remainder of the text of paragraph
(1) (as designated by paragraph (1) of this section) with paragraphs (2) and (3) (as added by paragraph (2) of this section).
(b) ENHANCE SECURITY MEASURES.—Section 109(a) of the Aviation and Transportation Security Act (49 U.S.C. 114 note; 115
Stat. 613–614) is amended by adding at the end the following:
‘‘(9) Require that air carriers provide flight attendants with
a discreet, hands-free, wireless method of communicating with
the pilots.’’.
(c) BENEFITS AND RISKS OF PROVIDING FLIGHT ATTENDANTS
WITH NONLETHAL WEAPONS.—
(1) STUDY.—The Under Secretary of Transportation for
Security shall conduct a study to evaluate the benefits and
risks of providing flight attendants with nonlethal weapons
to aide in combating air piracy and criminal violence on
commercial airlines.
(2) REPORT.—Not later than 6 months after the date of
enactment of this Act, the Under Secretary shall transmit
to Congress a report on the results of the study.
SEC. 1404. COMMERCIAL AIRLINE SECURITY STUDY.

(a) STUDY.—The Secretary of Transportation shall conduct a
study of the following:
(1) The number of armed Federal law enforcement officers
(other than Federal air marshals), who travel on commercial
airliners annually and the frequency of their travel.
(2) The cost and resources necessary to provide such officers
with supplemental training in aircraft anti-terrorism training
that is comparable to the training that Federal air marshals
are provided.

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(3) The cost of establishing a program at a Federal law
enforcement training center for the purpose of providing new
Federal law enforcement recruits with standardized training
comparable to the training that Federal air marshals are provided.
(4) The feasibility of implementing a certification program
designed for the purpose of ensuring Federal law enforcement
officers have completed the training described in paragraph
(2) and track their travel over a 6-month period.
(5) The feasibility of staggering the flights of such officers
to ensure the maximum amount of flights have a certified
trained Federal officer on board.
(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Secretary shall transmit to Congress a report
on the results of the study. The report may be submitted in classified and redacted form.

Deadline.

SEC. 1405. AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THANLETHAL WEAPONS.

(a) IN GENERAL.—Section 44903(i) of title 49, United States
Code (as redesignated by section 6 of this Act) is amended by
adding at the end the following:
‘‘(3) REQUEST OF AIR CARRIERS TO USE LESS-THAN-LETHAL
WEAPONS.—If, after the date of enactment of this paragraph,
the Under Secretary receives a request from an air carrier
for authorization to allow pilots of the air carrier to carry
less-than-lethal weapons, the Under Secretary shall respond
to that request within 90 days.’’.
(b) CONFORMING AMENDMENTS.—Such section is further
amended—
(1) in paragraph (1) by striking ‘‘Secretary’’ the first and
third places it appears and inserting ‘‘Under Secretary’’; and
(2) in paragraph (2) by striking ‘‘Secretary’’ each place
it appears and inserting ‘‘Under Secretary’’.
SEC. 1406. TECHNICAL AMENDMENTS.

Section 44903 of title 49, United States Code, is amended—
(1) by redesignating subsection (i) (relating to short-term
assessment and deployment of emerging security technologies
and procedures) as subsection (j);
(2) by redesignating the second subsection (h) (relating
to authority to arm flight deck crew with less-than-lethal
weapons) as subsection (i); and
(3) by redesignating the third subsection (h) (relating to
limitation on liability for acts to thwart criminal violence for
aircraft piracy) as subsection (k).

TITLE XV—TRANSITION
Subtitle A—Reorganization Plan
SEC. 1501. DEFINITIONS.

6 USC 541.

For purposes of this title:
(1) The term ‘‘agency’’ includes any entity, organizational
unit, program, or function.

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PUBLIC LAW 107–296—NOV. 25, 2002
(2) The term ‘‘transition period’’ means the 12-month period
beginning on the effective date of this Act.

6 USC 542.

SEC. 1502. REORGANIZATION PLAN.

Deadline.
President.

(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.

Applicability.

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SEC. 1503. REVIEW OF CONGRESSIONAL COMMITTEE STRUCTURES.

6 USC 543.

It is the sense of Congress that each House of Congress should
review its committee structure in light of the reorganization of
responsibilities within the executive branch by the establishment
of the Department.

Subtitle B—Transitional Provisions
SEC. 1511. TRANSITIONAL AUTHORITIES.

6 USC 551.

(a) PROVISION OF ASSISTANCE BY OFFICIALS.—Until the transfer
of an agency to the Department, any official having authority over
or functions relating to the agency immediately before the effective
date of this Act shall provide to the Secretary such assistance,
including the use of personnel and assets, as the Secretary may
request in preparing for the transfer and integration of the agency
into the Department.
(b) SERVICES AND PERSONNEL.—During the transition period,
upon the request of the Secretary, the head of any executive agency
may, on a reimbursable basis, provide services or detail personnel
to assist with the transition.
(c) ACTING OFFICIALS.—(1) During the transition period,
pending the advice and consent of the Senate to the appointment
of an officer required by this Act to be appointed by and with
such advice and consent, the President may designate any officer
whose appointment was required to be made by and with such
advice and consent and who was such an officer immediately before
the effective date of this Act (and who continues in office) or
immediately before such designation, to act in such office until
the same is filled as provided in this Act. While so acting, such
officers shall receive compensation at the higher of—
(A) the rates provided by this Act for the respective offices
in which they act; or
(B) the rates provided for the offices held at the time
of designation.
(2) Nothing in this Act shall be understood to require the
advice and consent of the Senate to the appointment by the President to a position in the Department of any officer whose agency
is transferred to the Department pursuant to this Act and whose
duties following such transfer are germane to those performed
before such transfer.
(d) TRANSFER OF PERSONNEL, ASSETS, OBLIGATIONS, AND FUNCTIONS.—Upon the transfer of an agency to the Department—
(1) the personnel, assets, and obligations held by or available in connection with the agency shall be transferred to
the Secretary for appropriate allocation, subject to the approval
of the Director of the Office of Management and Budget and
in accordance with the provisions of section 1531(a)(2) of title
31, United States Code; and
(2) the Secretary shall have all functions relating to the
agency that any other official could by law exercise in relation
to the agency immediately before such transfer, and shall have
in addition all functions vested in the Secretary by this Act
or other law.
(e) PROHIBITION ON USE OF TRANSPORTATION TRUST FUNDS.—
(1) IN GENERAL.—Notwithstanding any other provision of
this Act, no funds derived from the Highway Trust Fund,

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116 STAT. 2310

PUBLIC LAW 107–296—NOV. 25, 2002
Airport and Airway Trust Fund, Inland Waterway Trust Fund,
or Harbor Maintenance Trust Fund, may be transferred to,
made available to, or obligated by the Secretary or any other
official in the Department.
(2) LIMITATION.—This subsection shall not apply to security-related funds provided to the Federal Aviation Administration for fiscal years preceding fiscal year 2003 for (A) operations,
(B) facilities and equipment, or (C) research, engineering, and
development.

6 USC 552.

SEC. 1512. SAVINGS PROVISIONS.

(a) COMPLETED ADMINISTRATIVE ACTIONS.—(1) Completed
administrative actions of an agency shall not be affected by the
enactment of this Act or the transfer of such agency to the Department, but shall continue in effect according to their terms until
amended, modified, superseded, terminated, set aside, or revoked
in accordance with law by an officer of the United States or a
court of competent jurisdiction, or by operation of law.
(2) For purposes of paragraph (1), the term ‘‘completed administrative action’’ includes orders, determinations, rules, regulations,
personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges.
(b) PENDING PROCEEDINGS.—Subject to the authority of the
Secretary under this Act—
(1) pending proceedings in an agency, including notices
of proposed rulemaking, and applications for licenses, permits,
certificates, grants, and financial assistance, shall continue notwithstanding the enactment of this Act or the transfer of the
agency to the Department, unless discontinued or modified
under the same terms and conditions and to the same extent
that such discontinuance could have occurred if such enactment
or transfer had not occurred; and
(2) orders issued in such proceedings, and appeals therefrom, and payments made pursuant to such orders, shall issue
in the same manner and on the same terms as if this Act
had not been enacted or the agency had not been transferred,
and any such orders shall continue in effect until amended,
modified, superseded, terminated, set aside, or revoked by an
officer of the United States or a court of competent jurisdiction,
or by operation of law.
(c) PENDING CIVIL ACTIONS.—Subject to the authority of the
Secretary under this Act, pending civil actions shall continue notwithstanding the enactment of this Act or the transfer of an agency
to the Department, and in such civil actions, proceedings shall
be had, appeals taken, and judgments rendered and enforced in
the same manner and with the same effect as if such enactment
or transfer had not occurred.
(d) REFERENCES.—References relating to an agency that is
transferred to the Department in statutes, Executive orders, rules,
regulations, directives, or delegations of authority that precede such
transfer or the effective date of this Act shall be deemed to refer,
as appropriate, to the Department, to its officers, employees, or
agents, or to its corresponding organizational units or functions.
Statutory reporting requirements that applied in relation to such
an agency immediately before the effective date of this Act shall
continue to apply following such transfer if they refer to the agency
by name.

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(e) EMPLOYMENT PROVISIONS.—(1) Notwithstanding the generality of the foregoing (including subsections (a) and (d)), in and
for the Department the Secretary may, in regulations prescribed
jointly with the Director of the Office of Personnel Management,
adopt the rules, procedures, terms, and conditions, established by
statute, rule, or regulation before the effective date of this Act,
relating to employment in any agency transferred to the Department pursuant to this Act; and
(2) except as otherwise provided in this Act, or under authority
granted by this Act, the transfer pursuant to this Act of personnel
shall not alter the terms and conditions of employment, including
compensation, of any employee so transferred.
(f) STATUTORY REPORTING REQUIREMENTS.—Any statutory
reporting requirement that applied to an agency, transferred to
the Department under this Act, immediately before the effective
date of this Act shall continue to apply following that transfer
if the statutory requirement refers to the agency by name.
SEC. 1513. TERMINATIONS.

6 USC 553.

Except as otherwise provided in this Act, whenever all the
functions vested by law in any agency have been transferred pursuant to this Act, each position and office the incumbent of which
was authorized to receive compensation at the rates prescribed
for an office or position at level II, III, IV, or V, of the Executive
Schedule, shall terminate.
SEC. 1514. NATIONAL IDENTIFICATION SYSTEM NOT AUTHORIZED.

6 USC 554.

Nothing in this Act shall be construed to authorize the development of a national identification system or card.
SEC. 1515. CONTINUITY OF INSPECTOR GENERAL OVERSIGHT.

6 USC 555.

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).
6 USC 556.

SEC. 1516. INCIDENTAL TRANSFERS.

The Director of the Office of Management and Budget, in consultation with the Secretary, is authorized and directed to make
such additional incidental dispositions of personnel, assets, and
liabilities held, used, arising from, available, or to be made available, in connection with the functions transferred by this Act,
as the Director may determine necessary to accomplish the purposes
of this Act.
SEC. 1517. REFERENCE.

6 USC 557.

With respect to any function transferred by or under this Act
(including under a reorganization plan that becomes effective under
section 1502) and exercised on or after the effective date of this
Act, reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which
are so transferred shall be deemed to refer to the Secretary, other
official, or component of the Department to which such function
is so transferred.

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PUBLIC LAW 107–296—NOV. 25, 2002

TITLE XVI—CORRECTIONS TO EXISTING
LAW RELATING TO AIRLINE TRANSPORTATION SECURITY
SEC.

Regulations.

1601.

RETENTION OF SECURITY SENSITIVE INFORMATION
AUTHORITY AT DEPARTMENT OF TRANSPORTATION.

(a) Section 40119 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘and the Administrator of the Federal
Aviation Administration each’’ after ‘‘for Security’’; and
(B) by striking ‘‘criminal violence and aircraft piracy’’
and inserting ‘‘criminal violence, aircraft piracy, and terrorism and to ensure security’’; and
(2) in subsection (b)(1)—
(A) by striking ‘‘, the Under Secretary’’ and inserting
‘‘and the establishment of a Department of Homeland Security, the Secretary of Transportation’’;
(B) by striking ‘‘carrying out’’ and all that follows
through ‘‘if the Under Secretary’’ and inserting ‘‘ensuring
security under this title if the Secretary of Transportation’’;
and
(C) in subparagraph (C) by striking ‘‘the safety of passengers in transportation’’ and inserting ‘‘transportation
safety’’.
(b) Section 114 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(s) NONDISCLOSURE OF SECURITY ACTIVITIES.—
‘‘(1) IN GENERAL.—Notwithstanding section 552 of title 5,
the Under Secretary shall prescribe regulations prohibiting the
disclosure of information obtained or developed in carrying
out security under authority of the Aviation and Transportation
Security Act (Public Law 107–71) or under chapter 449 of
this title if the Under Secretary decides that disclosing the
information would—
‘‘(A) be an unwarranted invasion of personal privacy;
‘‘(B) reveal a trade secret or privileged or confidential
commercial or financial information; or
‘‘(C) be detrimental to the security of transportation.
‘‘(2) AVAILABILITY OF INFORMATION TO CONGRESS.—Paragraph (1) does not authorize information to be withheld from
a committee of Congress authorized to have the information.
‘‘(3) LIMITATION ON TRANSFERABILITY OF DUTIES.—Except
as otherwise provided by law, the Under Secretary may not
transfer a duty or power under this subsection to another
department, agency, or instrumentality of the United States.’’.
SEC. 1602. INCREASE IN CIVIL PENALTIES.

Section 46301(a) of title 49, United States Code, is amended
by adding at the end the following:
‘‘(8) AVIATION SECURITY VIOLATIONS.—Notwithstanding
paragraphs (1) and (2) of this subsection, the maximum civil
penalty for violating chapter 449 or another requirement under
this title administered by the Under Secretary of Transportation for Security shall be $10,000; except that the maximum
civil penalty shall be $25,000 in the case of a person operating

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an aircraft for the transportation of passengers or property
for compensation (except an individual serving as an airman).’’.
SEC. 1603. ALLOWING UNITED STATES CITIZENS AND UNITED STATES
NATIONALS AS SCREENERS.

Section 44935(e)(2)(A)(ii) of title 49, United States Code, is
amended by striking ‘‘citizen of the United States’’ and inserting
‘‘citizen of the United States or a national of the United States,
as defined in section 1101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22))’’.

TITLE XVII—CONFORMING AND
TECHNICAL AMENDMENTS
SEC. 1701. INSPECTOR GENERAL ACT OF 1978.

Section 11 of the Inspector General Act of 1978 (Public Law
95–452) is amended—
(1) by inserting ‘‘Homeland Security,’’ after ‘‘Transportation,’’ each place it appears; and
(2) by striking ‘‘; and’’ each place it appears in paragraph
(1) and inserting ‘‘;’’.

5 USC app. 11.

SEC. 1702. EXECUTIVE SCHEDULE.

(a) IN GENERAL.—Title 5, United States Code, is amended—
(1) in section 5312, by inserting ‘‘Secretary of Homeland
Security.’’ as a new item after ‘‘Affairs.’’;
(2) in section 5313, by inserting ‘‘Deputy Secretary of Homeland Security.’’ as a new item after ‘‘Affairs.’’;
(3) in section 5314, by inserting ‘‘Under Secretaries, Department of Homeland Security.’’, ‘‘Director of the Bureau of Citizenship and Immigration Services.’’ as new items after ‘‘Affairs.’’
the third place it appears;
(4) in section 5315, by inserting ‘‘Assistant Secretaries,
Department of Homeland Security.’’, ‘‘General Counsel, Department of Homeland Security.’’, ‘‘Officer for Civil Rights and
Civil Liberties, Department of Homeland Security.’’, ‘‘Chief
Financial Officer, Department of Homeland Security.’’, ‘‘Chief
Information Officer, Department of Homeland Security.’’, and
‘‘Inspector General, Department of Homeland Security.’’ as new
items after ‘‘Affairs.’’ the first place it appears; and
(5) in section 5315, by striking ‘‘Commissioner of Immigration and Naturalization, Department of Justice.’’.
(b) SPECIAL EFFECTIVE DATE.—Notwithstanding section 4, the
amendment made by subsection (a)(5) shall take effect on the date
on which the transfer of functions specified under section 441
takes effect.

5 USC 5315 note.

SEC. 1703. UNITED STATES SECRET SERVICE.

(a) IN GENERAL.—(1) The United States Code is amended in
section 202 of title 3, and in section 3056 of title 18, by striking
‘‘of the Treasury’’, each place it appears and inserting ‘‘of Homeland
Security’’.
(2) Section 208 of title 3, United States Code, is amended
by striking ‘‘of Treasury’’ each place it appears and inserting ‘‘of
Homeland Security’’.

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3 USC 202 note.

PUBLIC LAW 107–296—NOV. 25, 2002

(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of transfer of the United States Secret
Service to the Department.
SEC. 1704. COAST GUARD.

(a) TITLE 14, UNITED STATES CODE.—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, UNITED STATES CODE.—(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, UNITED STATES CODE.—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

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‘‘of Transportation’’ each place it appears and inserting ‘‘of Homeland Security’’.
(d) TITLE 38, UNITED STATES CODE.—Title 38, United States
Code, is amended in sections 101(25)(d), 1560(a), 3002(5),
3011(a)(1)(A)(ii)(I),
3011(a)(1)(A)(ii)(II),
3011(a)(1)(B)(ii)(III),
3011(a)(1)(C)(iii)(II)(cc),
3012(b)(1)(A)(v),
3012(b)(1)(B)(ii)(V),
3018(b)(3)(B)(iv), 3018A(a)(3), 3018B(a)(1)(C), 3018B(a)(2)(C),
3018C(a)(5), 3020(m), 3035(b)(2), 3035(c), 3035(d), 3035(e), 3680A(g),
and 6105(c) by striking ‘‘of Transportation’’ each place it appears
and inserting ‘‘of Homeland Security’’.
(e) OTHER DEFENSE-RELATED LAWS.—(1) Section 363 of Public
Law 104–193 (110 Stat. 2247) is amended—
(A) in subsection (a)(1) (10 U.S.C. 113 note), by striking
‘‘of Transportation’’ and inserting ‘‘of Homeland Security’’; and
(B) in subsection (b)(1) (10 U.S.C. 704 note), by striking
‘‘of Transportation’’ and inserting ‘‘of Homeland Security’’.
(2) Section 721(1) of Public Law 104–201 (10 U.S.C. 1073 note)
is amended by striking ‘‘of Transportation’’ and inserting ‘‘of Homeland Security’’.
(3) Section 4463(a) of Public Law 102–484 (10 U.S.C. 1143a
note) is amended by striking ‘‘after consultation with the Secretary
of Transportation’’.
(4) Section 4466(h) of Public Law 102–484 (10 U.S.C. 1143
note) is amended by striking ‘‘of Transportation’’ and inserting
‘‘of Homeland Security’’.
(5) Section 542(d) of Public Law 103–337 (10 U.S.C. 1293 note)
is amended by striking ‘‘of Transportation’’ and inserting ‘‘of Homeland Security’’.
(6) Section 740 of Public Law 106–181 (10 U.S.C. 2576 note)
is amended in subsections (b)(2), (c), and (d)(1) by striking ‘‘of
Transportation’’ each place it appears and inserting ‘‘of Homeland
Security’’.
(7) Section 1407(b)(2) of the Defense Dependents’ Education
Act of 1978 (20 U.S.C. 926(b)) is amended by striking ‘‘of Transportation’’ both places it appears and inserting ‘‘of Homeland Security’’.
(8) Section 2301(5)(D) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671(5)(D)) is amended by striking
‘‘of Transportation’’ and inserting ‘‘of Homeland Security’’.
(9) Section 2307(a) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6677(a)) is amended by striking ‘‘of Transportation’’ and inserting ‘‘of Homeland Security’’.
(10) Section 1034(a) of Public Law 105–85 (21 U.S.C. 1505a(a))
is amended by striking ‘‘of Transportation’’ and inserting ‘‘of Homeland Security’’.
(11) The Military Selective Service Act is amended—
(A) in section 4(a) (50 U.S.C. App. 454(a)), by striking
‘‘of Transportation’’ in the fourth paragraph and inserting ‘‘of
Homeland Security’’;
(B) in section 4(b) (50 U.S.C. App. 454(b)), by striking
‘‘of Transportation’’ both places it appears and inserting ‘‘of
Homeland Security’’;
(C) in section 6(d)(1) (50 U.S.C. App. 456(d)(1)), by striking
‘‘of Transportation’’ both places it appears and inserting ‘‘of
Homeland Security’’;
(D) in section 9(c) (50 U.S.C. App. 459(c)), by striking
‘‘Secretaries of Army, Navy, Air Force, or Transportation’’ and

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116 STAT. 2316

10 USC 101 note.

PUBLIC LAW 107–296—NOV. 25, 2002

inserting ‘‘Secretary of a military department, and the Secretary
of Homeland Security with respect to the Coast Guard,’’; and
(E) in section 15(e) (50 U.S.C. App. 465(e)), by striking
‘‘of Transportation’’ both places it appears and inserting ‘‘of
Homeland Security’’.
(f) TECHNICAL CORRECTION.—(1) Title 14, United States Code,
is amended by redesignating section 673 (as added by section 309
of Public Law 104–324) as section 673a.
(2) The table of sections at the beginning of chapter 17 of
such title is amended by redesignating the item relating to such
section as section 673a.
(g) EFFECTIVE DATE.—The amendments made by this section
(other than subsection (f)) shall take effect on the date of transfer
of the Coast Guard to the Department.
SEC. 1705. STRATEGIC NATIONAL STOCKPILE AND SMALLPOX VACCINE
DEVELOPMENT.

42 USC
300hh–12 note.

(a) IN GENERAL.—Section 121 of the Public Health Security
and Bioterrorism Preparedness and Response Act of 2002 (Public
Law 107–188; 42 U.S.C. 300hh–12) is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘Secretary of Health and Human Services’’ and inserting ‘‘Secretary of Homeland Security’’;
(B) by inserting ‘‘the Secretary of Health and Human
Services and’’ between ‘‘in coordination with’’ and ‘‘the Secretary of Veterans Affairs’’; and
(C) by inserting ‘‘of Health and Human Services’’ after
‘‘as are determined by the Secretary’’; and
(2) in subsections (a)(2) and (b), by inserting ‘‘of Health
and Human Services’’ after ‘‘Secretary’’ each place it appears.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of transfer of the Strategic National
Stockpile of the Department of Health and Human Services to
the Department.
SEC. 1706. TRANSFER OF CERTAIN SECURITY AND LAW ENFORCEMENT
FUNCTIONS AND AUTHORITIES.

(a) AMENDMENT TO TITLE 40.—Section 581 of title 40, United
States Code, is amended—
(1) by striking subsection (a); and
(2) in subsection (b)—
(A) by inserting ‘‘and’’ after the semicolon at the end
of paragraph (1);
(B) by striking ‘‘; and’’ at the end of paragraph (2)
and inserting a period; and
(C) by striking paragraph (3).
(b) LAW ENFORCEMENT AUTHORITY.—
(1) IN GENERAL.—Section 1315 of title 40, United States
Code, is amended to read as follows:
‘‘§ 1315. Law enforcement authority of Secretary of Homeland
Security for protection of public property
‘‘(a) IN GENERAL.—To the extent provided for by transfers made
pursuant to the Homeland Security Act of 2002, the Secretary
of Homeland Security (in this section referred to as the ‘Secretary’)
shall protect the buildings, grounds, and property that are owned,
occupied, or secured by the Federal Government (including any

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116 STAT. 2317

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;
‘‘(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; and
‘‘(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

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116 STAT. 2318

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‘‘(B) utilize the authority and regulations of the
requesting agency if agreed to in writing by the agencies.
‘‘(3) FACILITIES AND SERVICES OF OTHER AGENCIES.—When
the Secretary determines it to be economical and in the public
interest, the Secretary may utilize the facilities and services
of Federal, State, and local law enforcement agencies, with
the consent of the agencies.
‘‘(e) AUTHORITY OUTSIDE FEDERAL PROPERTY.—For the protection of property owned or occupied by the Federal Government
and persons on the property, the Secretary may enter into agreements with Federal agencies and with State and local governments
to obtain authority for officers and agents designated under this
section to enforce Federal laws and State and local laws concurrently with other Federal law enforcement officers and with State
and local law enforcement officers.
‘‘(f) SECRETARY AND ATTORNEY GENERAL APPROVAL.—The
powers granted to officers and agents designated under this section
shall be exercised in accordance with guidelines approved by the
Secretary and the Attorney General.
‘‘(g) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in
this section shall be construed to—
‘‘(1) preclude or limit the authority of any Federal law
enforcement agency; or
‘‘(2) restrict the authority of the Administrator of General
Services to promulgate regulations affecting property under
the Administrator’s custody and control.’’.
(2) DELEGATION OF AUTHORITY.—The Secretary may delegate authority for the protection of specific buildings to another
Federal agency where, in the Secretary’s discretion, the Secretary determines it necessary for the protection of that
building.
(3) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 13 of title 40, United States Code, is
amended by striking the item relating to section 1315 and
inserting the following:

40 USC 1315
note.

‘‘1315. Law enforcement authority of Secretary of Homeland Security for protection
of public property.’’.
SEC. 1707. TRANSPORTATION SECURITY REGULATIONS.

Title 49, United States Code, is amended—
(1) in section 114(l)(2)(B), by inserting ‘‘for a period not
to exceed 90 days’’ after ‘‘effective’’; and
(2) in section 114(l)(2)(B), by inserting ‘‘ratified or’’ after
‘‘unless’’.
Establishment.
50 USC 1522
note.

SEC. 1708. NATIONAL BIO-WEAPONS DEFENSE ANALYSIS CENTER.

There is established in the Department of Defense a National
Bio-Weapons Defense Analysis Center, whose mission is to develop
countermeasures to potential attacks by terrorists using weapons
of mass destruction.
SEC. 1709. COLLABORATION WITH THE SECRETARY OF HOMELAND
SECURITY.

42 USC 262a.

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(a) DEPARTMENT OF HEALTH AND HUMAN SERVICES.—The
second sentence of section 351A(e)(1) of the Public Health Service
Act (42 U.S.C. 262A(e)(1)) is amended by striking ‘‘consultation
with’’ and inserting ‘‘collaboration with the Secretary of Homeland
Security and’’.

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116 STAT. 2319

(b) DEPARTMENT OF AGRICULTURE.—The second sentence of section 212(e)(1) of the Agricultural Bioterrorism Protection Act of
2002 (7 U.S.C. 8401) is amended by striking ‘‘consultation with’’
and inserting ‘‘collaboration with the Secretary of Homeland Security and’’.
SEC. 1710. RAILROAD SAFETY TO INCLUDE RAILROAD SECURITY.

(a) INVESTIGATION AND SURVEILLANCE ACTIVITIES.—Section
20105 of title 49, United States Code, is amended—
(1) by striking ‘‘Secretary of Transportation’’ in the first
sentence of subsection (a) and inserting ‘‘Secretary concerned’’;
(2) by striking ‘‘Secretary’’ each place it appears (except
the first sentence of subsection (a)) and inserting ‘‘Secretary
concerned’’;
(3) by striking ‘‘Secretary’s duties under chapters 203–
213 of this title’’ in subsection (d) and inserting ‘‘duties under
chapters 203–213 of this title (in the case of the Secretary
of Transportation) and duties under section 114 of this title
(in the case of the Secretary of Homeland Security)’’;
(4) by striking ‘‘chapter.’’ in subsection (f) and inserting
‘‘chapter (in the case of the Secretary of Transportation) and
duties under section 114 of this title (in the case of the Secretary
of Homeland Security).’’; and
(5) by adding at the end the following new subsection:
‘‘(g) DEFINITIONS.—In this section—
‘‘(1) the term ‘safety’ includes security; and
‘‘(2) the term ‘Secretary concerned’ means—
‘‘(A) the Secretary of Transportation, with respect to
railroad safety matters concerning such Secretary under
laws administered by that Secretary; and
‘‘(B) the Secretary of Homeland Security, with respect
to railroad safety matters concerning such Secretary under
laws administered by that Secretary.’’.
(b) REGULATIONS AND ORDERS.—Section 20103(a) of such title
is amended by inserting after ‘‘1970.’’ the following: ‘‘When prescribing a security regulation or issuing a security order that affects
the safety of railroad operations, the Secretary of Homeland Security shall consult with the Secretary.’’.
(c) NATIONAL UNIFORMITY OF REGULATION.—Section 20106 of
such title is amended—
(1) by inserting ‘‘and laws, regulations, and orders related
to railroad security’’ after ‘‘safety’’ in the first sentence;
(2) by inserting ‘‘or security’’ after ‘‘safety’’ each place it
appears after the first sentence; and
(3) by striking ‘‘Transportation’’ in the second sentence
and inserting ‘‘Transportation (with respect to railroad safety
matters), or the Secretary of Homeland Security (with respect
to railroad security matters),’’.
SEC. 1711. HAZMAT SAFETY TO INCLUDE HAZMAT SECURITY.

(a) GENERAL REGULATORY AUTHORITY.—Section 5103 of title
49, United States Code, is amended—
(1) by striking ‘‘transportation’’ the first place it appears
in subsection (b)(1) and inserting ‘‘transportation, including
security,’’;
(2) by striking ‘‘aspects’’ in subsection (b)(1)(B) and
inserting ‘‘aspects, including security,’’; and
(3) by adding at the end the following:

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116 STAT. 2320

PUBLIC LAW 107–296—NOV. 25, 2002
‘‘(C) CONSULTATION.—When prescribing a security
regulation or issuing a security order that affects the safety
of the transportation of hazardous material, the Secretary
of Homeland Security shall consult with the Secretary.’’.
(b) PREEMPTION.—Section 5125 of that title is amended—
(1) by striking ‘‘chapter or a regulation prescribed under
this chapter’’ in subsection (a)(1) and inserting ‘‘chapter, a
regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by
the Secretary of Homeland Security’’;
(2) by striking ‘‘chapter or a regulation prescribed under
this chapter.’’ in subsection (a)(2) and inserting ‘‘chapter, a
regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by
the Secretary of Homeland Security.’’; and
(3) by striking ‘‘chapter or a regulation prescribed under
this chapter,’’ in subsection (b)(1) and inserting ‘‘chapter, a
regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by
the Secretary of Homeland Security,’’.

SEC. 1712. OFFICE OF SCIENCE AND TECHNOLOGY POLICY.

The National Science and Technology Policy, Organization, and
Priorities Act of 1976 is amended—
(1) in section 204(b)(1) (42 U.S.C. 6613(b)(1)), by inserting
‘‘homeland security,’’ after ‘‘national security,’’; and
(2) in section 208(a)(1) (42 U.S.C. 6617(a)(1)), by inserting
‘‘the Office of Homeland Security,’’ after ‘‘National Security
Council,’’.
SEC. 1713. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.

Section 7902(b) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
‘‘(13) The Under Secretary for Science and Technology of
the Department of Homeland Security.
‘‘(14) Other Federal officials the Council considers appropriate.’’.
SEC. 1714. CLARIFICATION OF DEFINITION OF MANUFACTURER.

Section 2133(3) of the Public Health Service Act (42 U.S.C.
300aa–33(3)) is amended—
(1) in the first sentence, by striking ‘‘under its label any
vaccine set forth in the Vaccine Injury Table’’ and inserting
‘‘any vaccine set forth in the Vaccine Injury table, including
any component or ingredient of any such vaccine’’; and
(2) in the second sentence, by inserting ‘‘including any
component or ingredient of any such vaccine’’ before the period.
SEC. 1715. CLARIFICATION OF DEFINITION OF VACCINE-RELATED
INJURY OR DEATH.

Section 2133(5) of the Public Health Service Act (42 U.S.C.
300aa–33(5)) is amended by adding at the end the following: ‘‘For
purposes of the preceding sentence, an adulterant or contaminant
shall not include any component or ingredient listed in a vaccine’s
product license application or product label.’’.

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SEC. 1716. CLARIFICATION OF DEFINITION OF VACCINE.

Section 2133 of the Public Health Service Act (42 U.S.C. 300aa–
33) is amended by adding at the end the following:
‘‘(7) The term ‘vaccine’ means any preparation or suspension, including but not limited to a preparation or suspension
containing an attenuated or inactive microorganism or subunit
thereof or toxin, developed or administered to produce or
enhance the body’s immune response to a disease or diseases
and includes all components and ingredients listed in the
vaccines’s product license application and product label.’’.
SEC. 1717. EFFECTIVE DATE.

The amendments made by sections 1714, 1715, and 1716 shall
apply to all actions or proceedings pending on or after the date
of enactment of this Act, unless a court of competent jurisdiction
has entered judgment (regardless of whether the time for appeal
has expired) in such action or proceeding disposing of the entire
action or proceeding.

42 USC
300aa–33 note.
Applicability.

Approved November 25, 2002.

LEGISLATIVE HISTORY—H.R. 5005 (S. 2452):
HOUSE REPORTS: No. 107–609, Pt. 1 (Select Comm. on Homeland Security).
SENATE REPORTS: No. 107–175 accompanying S. 2452 (Comm. on Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 148 (2002):
July 25, 26, considered and passed House.
Sept. 4, 5, 9, 10, 12, 13, 17–19, 23–26, 30, Oct. 1, Nov. 13–15, 19, considered
and passed Senate, amended.
Nov. 22, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Nov. 25, Presidential remarks and statement.

Æ

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