I 
107TH CONGRESS 
2D SESSION 
H. R. 5710
To establish the Department of Homeland Security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 12, 2002
Mr. ARMEY (for himself, Mr. DELAY, Mr. WATTS of Oklahoma, Ms. PRYCE 
of Ohio, Mr. PORTMAN, Mr. THORNBERRY, Mr. GIBBONS, Ms. HARMAN, 
and Mrs. TAUSCHER) introduced the following bill; pursuant to House 
Resolution 449, referred to the Select Committee on Homeland Security 
A BILL 
To establish the Department of Homeland Security, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Homeland Security Act of 2002’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Construction; severability. 
Sec. 4. Effective date. 
TITLE I—DEPARTMENT OF HOMELAND SECURITY
Sec. 101. Executive department; mission. 
Sec. 102. Secretary; functions. 
Sec. 103. Other officers. 
TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE 
PROTECTION 
Subtitle A—Directorate for Information Analysis and Infrastructure 
Protection; Access to Information 
Sec. 201. Directorate for Information Analysis and Infrastructure Protection. 
Sec. 202. Access to information. 
Subtitle B—Critical Infrastructure Information 
Sec. 211. Short title. 
Sec. 212. Definitions. 
Sec. 213. Designation of critical infrastructure protection program. 
Sec. 214. Protection of voluntarily shared critical infrastructure information. 
Sec. 215. No private right of action. 
Subtitle C—Information Security 
Sec. 221. Procedures for sharing information. 
Sec. 222. Privacy Officer. 
Sec. 223. Enhancement of non-Federal cybersecurity. 
Sec. 224. Net guard. 
Sec. 225. Cyber Security Enhancement Act of 2002. 
Subtitle D—Office of Science and Technology 
Sec. 231. Establishment of office; Director. 
Sec. 232. Mission of office; duties. 
Sec. 233. Definition of law enforcement technology. 
Sec. 234. Abolishment of Office of Science and Technology of National Insti-
tute of Justice; transfer of functions. 
Sec. 235. National Law Enforcement and Corrections Technology Centers. 
Sec. 236. Coordination with other entities within Department of Justice. 
Sec. 237. Amendments relating to National Institute of Justice. 
TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF 
HOMELAND SECURITY 
Sec. 301. Under Secretary for Science and Technology. 
Sec. 302. Responsibilities and authorities of the Under Secretary for Science 
and Technology. 
Sec. 303. Functions transferred. 
Sec. 304. Conduct of certain public health-related activities. 
Sec. 305. Federally funded research and development centers. 
Sec. 306. Miscellaneous provisions. 
Sec. 307. Homeland Security Advanced Research Projects Agency. 
Sec. 308. Conduct of research, development, demonstration, testing and evalua-
tion. 
Sec. 309. Utilization of Department of Energy national laboratories and sites 
in support of homeland security activities. 
Sec. 310. Transfer of Plum Island Animal Disease Center, Department of Agri-
culture. 
Sec. 311. Homeland Security Science and Technology Advisory Committee.
Sec. 312. Homeland Security Institute. 
Sec. 313. Technology clearinghouse to encourage and support innovative solu-
tions to enhance homeland security. 
TITLE IV—DIRECTORATE OF BORDER AND TRANSPORTATION 
SECURITY 
Subtitle A—Under Secretary for Border and Transportation Security 
Sec. 401. Under Secretary for Border and Transportation Security. 
Sec. 402. Responsibilities. 
Sec. 403. Functions transferred. 
Subtitle B—United States Customs Service 
Sec. 411. Establishment; Commissioner of Customs. 
Sec. 412. Retention of customs revenue functions by Secretary of the Treasury. 
Sec. 413. Preservation of customs funds. 
Sec. 414. Separate budget request for customs. 
Sec. 415. Definition. 
Sec. 416. GAO report to Congress. 
Sec. 417. Allocation of resources by the Secretary. 
Sec. 418. Reports to Congress. 
Sec. 419. Customs user fees. 
Subtitle C—Miscellaneous Provisions 
Sec. 421. Transfer of certain agricultural inspection functions of the Depart-
ment 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 Transpor-
tation Security. 
Sec. 442. Establishment of Bureau of Border Security. 
Sec. 443. Professional responsibility and quality review. 
Sec. 444. Employee discipline. 
Sec. 445. Report on improving enforcement functions. 
Sec. 446. Sense of Congress regarding construction of fencing near San Diego, 
California. 
Subtitle E—Citizenship and Immigration Services 
Sec. 451. Establishment of Bureau of Citizenship and Immigration Services. 
Sec. 452. Citizenship and Immigration Services Ombudsman. 
Sec. 453. Professional responsibility and quality review. 
Sec. 454. Employee discipline.
Sec. 811. Authority of the Secretary. 
Sec. 812. Law enforcement powers of Inspector General agents. 
Subtitle C—United States Secret Service 
Sec. 821. Functions transferred. 
Subtitle D—Acquisitions 
Sec. 831. Research and development projects. 
Sec. 832. Personal services. 
Sec. 833. Special streamlined acquisition authority. 
Sec. 834. Unsolicited proposals. 
Sec. 835. Prohibition on contracts with corporate expatriates. 
Subtitle E—Human Resources Management 
Sec. 841. Establishment of Human Resources Management System. 
Sec. 842. Labor-management relations. 
Subtitle F—Federal Emergency Procurement Flexibility 
Sec. 851. Definition. 
Sec. 852. Procurements for defense against or recovery from terrorism or nu-
clear, biological, chemical, or radiological attack. 
Sec. 853. Increased simplified acquisition threshold for procurements in support 
of humanitarian or peacekeeping operations or contingency op-
erations. 
Sec. 854. Increased micro-purchase threshold for certain procurements. 
Sec. 855. Application of certain commercial items authorities to certain pro-
curements. 
Sec. 856. Use of streamlined procedures. 
Sec. 857. Review and report by Comptroller General. 
Sec. 858. Identification of new entrants into the Federal marketplace. 
Subtitle G—Support Anti-terrorism by Fostering Effective Technologies Act 
of 2002
Sec. 861. Short title. 
Sec. 862. Administration. 
Sec. 863. Litigation management. 
Sec. 864. Risk management. 
Sec. 865. Definitions. 
Subtitle H—Miscellaneous Provisions 
Sec. 871. Advisory committees. 
Sec. 872. Reorganization. 
Sec. 873. Use of appropriated funds. 
Sec. 874. Future Year Homeland Security Program. 
Sec. 875. Miscellaneous authorities. 
Sec. 876. Military activities. 
Sec. 877. Regulatory authority and preemption. 
Sec. 878. Counternarcotics officer. 
Sec. 879. Office of International Affairs. 
Sec. 880. Prohibition of the Terrorism Information and Prevention System. 
Sec. 881. Review of pay and benefit plans. 
Sec. 882. Office for National Capital Region Coordination.
Sec. 883. Requirement to comply with laws protecting equal employment oppor-
tunity and providing whistleblower protections. 
Sec. 884. Federal Law Enforcement Training Center. 
Sec. 885. Joint Interagency Task Force. 
Sec. 886. Sense of Congress reaffirming the continued importance and applica-
bility of the Posse Comitatus Act. 
Sec. 887. Coordination with the Department of Health and Human Services 
under the Public Health Service Act. 
Sec. 888. Preserving Coast Guard mission performance. 
Sec. 889. Homeland security funding analysis in President’s budget. 
Sec. 890. Air Transportation Safety and System Stabilization Act. 
Subtitle I—Information Sharing 
Sec. 891. Short title; findings; and sense of Congress. 
Sec. 892. Facilitating homeland security information sharing procedures. 
Sec. 893. Report. 
Sec. 894. Authorization of appropriations. 
Sec. 895. Authority to share grand jury information. 
Sec. 896. Authority to share electronic, wire, and oral interception information. 
Sec. 897. Foreign intelligence information. 
Sec. 898. Information acquired from an electronic surveillance. 
Sec. 899. Information acquired from a physical search. 
TITLE IX—NATIONAL HOMELAND SECURITY COUNCIL 
Sec. 901. National Homeland Security Council. 
Sec. 902. Function. 
Sec. 903. Membership. 
Sec. 904. Other functions and activities. 
Sec. 905. Staff composition. 
Sec. 906. Relation to the National Security Council. 
TITLE X—INFORMATION SECURITY 
Sec. 1001. Information security. 
Sec. 1002. Management of information technology. 
Sec. 1003. National Institute of Standards and Technology. 
Sec. 1004. Information Security and Privacy Advisory Board. 
Sec. 1005. Technical and conforming amendments. 
Sec. 1006. Construction. 
TITLE XI—DEPARTMENT OF JUSTICE DIVISIONS 
Subtitle A—Executive Office for Immigration Review 
Sec. 1101. Legal status of EOIR. 
Sec. 1102. Authorities of the Attorney General. 
Sec. 1103. Statutory construction. 
Subtitle B—Transfer of the Bureau of Alcohol, Tobacco and Firearms to the 
Department of Justice 
Sec. 1111. Bureau of Alcohol, Tobacco, Firearms, and Explosives. 
Sec. 1112. Technical and conforming amendments. 
Sec. 1113. Powers of agents of the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives. 
Sec. 1114. Explosives training and research facility.
Sec. 1115. Personnel management demonstration project. 
Subtitle C—Explosives 
Sec. 1121. Short title. 
Sec. 1122. Permits for purchasers of explosives. 
Sec. 1123. Persons prohibited from receiving or possessing explosive materials. 
Sec. 1124. Requirement to provide samples of explosive materials and ammo-
nium nitrate. 
Sec. 1125. Destruction of property of institutions receiving Federal financial 
assistance. 
Sec. 1126. Relief from disabilities. 
Sec. 1127. Theft reporting requirement. 
Sec. 1128. Authorization of appropriations. 
TITLE XII—AIRLINE WAR RISK INSURANCE LEGISLATION 
Sec. 1201. Air carrier liability for third party claims arising out of acts of ter-
rorism. 
Sec. 1202. Extension of insurance policies. 
Sec. 1203. Correction of reference. 
Sec. 1204. Report. 
TITLE XIII—FEDERAL WORKFORCE IMPROVEMENT 
Subtitle A—Chief Human Capital Officers 
Sec. 1301. Short title. 
Sec. 1302. Agency Chief Human Capital Officers. 
Sec. 1303. Chief Human Capital Officers Council. 
Sec. 1304. Strategic human capital management. 
Sec. 1305. Effective date. 
Subtitle B—Reforms Relating to Federal Human Capital Management 
Sec. 1311. Inclusion of agency human capital strategic planning in performance 
plans and programs performance reports. 
Sec. 1312. Reform of the competitive service hiring process. 
Sec. 1313. Permanent extension, revision, and expansion of authorities for use 
of voluntary separation incentive pay and voluntary early re-
tirement. 
Sec. 1314. Student volunteer transit subsidy. 
Subtitle C—Reforms Relating to the Senior Executive Service 
Sec. 1321. Repeal of recertification requirements of senior executives. 
Sec. 1322. Adjustment of limitation on total annual compensation. 
Subtitle D—Academic Training 
Sec. 1331. Academic training. 
Sec. 1332. Modifications to National Security Education Program. 
TITLE XIV—ARMING PILOTS AGAINST TERRORISM 
Sec. 1401. Short title. 
Sec. 1402. Federal Flight Deck Officer Program. 
Sec. 1403. Crew training. 
Sec. 1404. Commercial airline security study.
Sec. 1405. Authority to arm flight deck crew with less-than-lethal weapons. 
Sec. 1406. Technical amendments. 
TITLE XV—TRANSITION 
Subtitle A—Reorganization Plan 
Sec. 1501. Definitions. 
Sec. 1502. Reorganization plan. 
Sec. 1503. Review of congressional committee structures. 
Subtitle B—Transitional Provisions 
Sec. 1511. Transitional authorities. 
Sec. 1512. Savings provisions. 
Sec. 1513. Terminations. 
Sec. 1514. National identification system not authorized. 
Sec. 1515. Continuity of Inspector General oversight. 
Sec. 1516. Incidental transfers. 
Sec. 1517. Reference. 
TITLE XVI—CORRECTIONS TO EXISTING LAW RELATING TO 
AIRLINE TRANSPORTATION SECURITY 
Sec. 1601. Retention of security sensitive information authority at Department 
of Transportation. 
Sec. 1602. Increase in civil penalties. 
Sec. 1603. Allowing United States citizens and United States nationals as 
screeners. 
TITLE XVII—CONFORMING AND TECHNICAL AMENDMENTS 
Sec. 1701. Inspector General Act of 1978. 
Sec. 1702. Executive Schedule. 
Sec. 1703. United States Secret Service. 
Sec. 1704. Coast Guard. 
Sec. 1705. Strategic national stockpile and smallpox vaccine development. 
Sec. 1706. Transfer of certain security and law enforcement functions and au-
thorities. 
Sec. 1707. Transportation security regulations. 
Sec. 1708. National Bio-Weapons Defense Analysis Center. 
Sec. 1709. Collaboration with the Secretary of Homeland Security. 
Sec. 1710. Railroad safety to include railroad security. 
Sec. 1711. Hazmat safety to include hazmat security. 
Sec. 1712. Office of Science and Technology Policy. 
Sec. 1713. National Oceanographic Partnership Program. 
Sec. 1714. Clarification of definition of manufacturer.
Sec. 1715. Clarification of definition of vaccine-related injury or death. 
Sec. 1716. Clarification of definition of vaccine. 
Sec. 1717. Effective date.
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply:
(1) Each of the terms ‘‘American homeland’’ 
and ‘‘homeland’’ means the United States. 
(2) The term ‘‘appropriate congressional com-
mittee’’ means any committee of the House of Rep-
resentatives or the Senate having legislative or over-
sight jurisdiction under the Rules of the House of 
Representatives or the Senate, respectively, over the 
matter concerned. 
(3) The term ‘‘assets’’ includes contracts, facili-
ties, property, records, unobligated or unexpended 
balances of appropriations, and other funds or re-
sources (other than personnel). 
(4) The term ‘‘critical infrastructure’’ has the 
meaning given that term in section 1016(e) of Pub-
lic Law 107–56 (42 U.S.C. 5195c(e)). 
(5) The term ‘‘Department’’ means the Depart-
ment of Homeland Security. 
(6) The term ‘‘emergency response providers’’ 
includes Federal, State, and local emergency public 
safety, law enforcement, emergency response, emer-
gency medical (including hospital emergency facili-
ties), and related personnel, agencies, and authori-
ties. 
(7) The term ‘‘executive agency’’ means an ex-
ecutive agency and a military department, as de-
fined, respectively, in sections 105 and 102 of title 
5, United States Code. 
(8) The term ‘‘functions’’ includes authorities, 
powers, rights, privileges, immunities, programs, 
projects, activities, duties, and responsibilities. 
(9) The term ‘‘key resources’’ means publicly or 
privately controlled resources essential to the mini-
mal 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 inter-
state government entity, or agency or instru-
mentality of a local government; 
(B) an Indian tribe or authorized tribal or-
ganization, or Alaska Native village or organi-
zation; and 
(C) a rural community, unincorporated 
town or village, or other public entity.
(11) The term ‘‘major disaster’’ has the mean-
ing 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 Com-
monwealth 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 po-
tentially destructive of critical infrastruc-
ture 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 govern-
ment by intimidation or coercion; or 
(iii) to affect the conduct of a govern-
ment 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 Com-
monwealth 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 jurisdic-
tion of the United States. 
(B) Nothing in this paragraph or any other 
provision of this Act shall be construed to modify 
the definition of ‘‘United States’’ for the purposes of 
the Immigration and Nationality Act or any other 
immigration or nationality law. 
SEC. 3. CONSTRUCTION; SEVERABILITY. 
Any provision of this Act held to be invalid or unen-
forceable by its terms, or as applied to any person or cir-
cumstance, shall be construed so as to give it the max-
imum effect permitted by law, unless such holding shall 
be one of utter invalidity or unenforceability, in which 
event such provision shall be deemed severable from this
Act and shall not affect the remainder thereof, or the ap-
plication of such provision to other persons not similarly 
situated or to other, dissimilar circumstances. 
SEC. 4. EFFECTIVE DATE. 
This Act shall take effect 60 days after the date of 
enactment. 
TITLE I—DEPARTMENT OF 
HOMELAND SECURITY 
SEC. 101. EXECUTIVE DEPARTMENT; MISSION. 
(a) ESTABLISHMENT.—There is established a De-
partment of Homeland Security, as an executive depart-
ment 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 agen-
cies and subdivisions within the Department 
that are not related directly to securing the 
homeland are not diminished or neglected ex-
cept by a specific explicit Act of Congress; 
(F) ensure that the overall economic secu-
rity of the United States is not diminished by 
efforts, activities, and programs aimed at secur-
ing the homeland; and 
(G) monitor connections between illegal 
drug trafficking and terrorism, coordinate ef-
forts 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 responsi-
bility for investigating and prosecuting acts of ter-
rorism shall be vested not in the Department, but 
rather in Federal, State, and local law enforcement 
agencies with jurisdiction over the acts in question.
SEC. 102. SECRETARY; FUNCTIONS. 
(a) SECRETARY.—
(1) IN
GENERAL.—There is a Secretary of 
Homeland Security, appointed by the President, by 
and with the advice and consent of the Senate. 
(2) HEAD OF DEPARTMENT.—The Secretary is 
the head of the Department and shall have direction, 
authority, and control over it. 
(3) FUNCTIONS
VESTED
IN
SECRETARY.—All 
functions of all officers, employees, and organiza-
tional units of the Department are vested in the Sec-
retary. 
(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 De-
partment; 
(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 Sec-
retary’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 Depart-
ment are compatible with each other and with ap-
propriate databases of other Departments. 
(c) COORDINATION
WITH
NON-FEDERAL
ENTI-
TIES.—With respect to homeland security, the Secretary 
shall coordinate through the Office of State and Local Co-
ordination (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 govern-
ment personnel, agencies, and authorities, and with 
the private sector, to ensure adequate planning, 
equipment, training, and exercise activities; 
(2) coordinating and, as appropriate, consoli-
dating, 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 Presi-
dent, 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 pro-
visions of chapter 5 of title 5, United States Code, except 
as specifically provided in this Act, in laws granting regu-
latory 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 Sec-
retary who shall be responsible for—
(1) creating and fostering strategic communica-
tions with the private sector to enhance the primary 
mission of the Department to protect the American 
homeland; 
(2) advising the Secretary on the impact of the 
Department’s policies, regulations, processes, and 
actions on the private sector; 
(3) interfacing with other relevant Federal 
agencies with homeland security missions to assess 
the impact of these agencies’ actions on the private 
sector; 
(4) creating and managing private sector advi-
sory councils composed of representatives of indus-
tries and associations designated by the Secretary 
to—
(A) advise the Secretary on private sector 
products, applications, and solutions as they re-
late to homeland security challenges; and 
(B) advise the Secretary on homeland se-
curity policies, regulations, processes, and ac-
tions that affect the participating industries 
and associations; 
(5) working with Federal laboratories, Federally 
funded research and development centers, other Fed-
erally funded organizations, academia, and the pri-
vate sector to develop innovative approaches to ad-
dress homeland security challenges to produce and 
deploy the best available technologies for homeland 
security missions; 
(6) promoting existing public-private partner-
ships 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 in-
frastructure.
(g) STANDARDS POLICY.—All standards activities of 
the Department shall be conducted in accordance with sec-
tion 12(d) of the National Technology Transfer Advance-
ment Act of 1995 (15 U.S.C. 272 note) and Office of 
Management and Budget Circular A–119. 
SEC. 103. OTHER OFFICERS. 
(a) DEPUTY SECRETARY; UNDER SECRETARIES.—
There are the following officers, appointed by the Presi-
dent, 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 pur-
poses of subchapter III of chapter 33 of title 5, 
United States Code. 
(2) An Under Secretary for Information Anal-
ysis and Infrastructure Protection. 
(3) An Under Secretary for Science and Tech-
nology. 
(4) An Under Secretary for Border and Trans-
portation Security. 
(5) An Under Secretary for Emergency Pre-
paredness 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 func-
tions, there is a Commandant of the Coast Guard, who 
shall be appointed as provided in section 44 of title 14, 
United States Code, and who shall report directly to the 
Secretary. In addition to such duties as may be provided 
in this Act and as assigned to the Commandant by the 
Secretary, the duties of the Commandant shall include 
those required by section 2 of title 14, United States Code. 
(d) OTHER OFFICERS.—To assist the Secretary in 
the performance of the Secretary’s functions, there are the 
following officers, appointed by the President: 
(1) A Director of the Secret Service. 
(2) A Chief Information Officer. 
(3) A Chief Human Capital Officer. 
(4) A Chief Financial Officer.
(5) An Officer for Civil Rights and Civil Lib-
erties. 
(e) PERFORMANCE OF SPECIFIC FUNCTIONS.—Sub-
ject to the provisions of this Act, every officer of the De-
partment shall perform the functions specified by law for 
the official’s office or prescribed by the Secretary.
TITLE II—INFORMATION ANAL-
YSIS AND INFRASTRUCTURE 
PROTECTION 
Subtitle A—Directorate for Infor-
mation Analysis and Infrastruc-
ture Protection; Access to Infor-
mation 
SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND 
INFRASTRUCTURE PROTECTION. 
(a) UNDER SECRETARY OF HOMELAND SECURITY 
FOR
INFORMATION
ANALYSIS
AND
INFRASTRUCTURE 
PROTECTION.—
(1) IN GENERAL.—There shall be in the De-
partment a Directorate for Information Analysis and 
Infrastructure Protection headed by an Under Sec-
retary 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 respon-
sibilities 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 INFRASTRUC-
TURE PROTECTION.—There shall be in the Depart-
ment an Assistant Secretary for Infrastructure Pro-
tection, who shall be appointed by the President. 
(3) RESPONSIBILITIES.—The Assistant Sec-
retary for Information Analysis and the Assistant 
Secretary for Infrastructure Protection shall assist 
the Under Secretary for Information Analysis and 
Infrastructure Protection in discharging the respon-
sibilities of the Under Secretary under this section. 
(c) DISCHARGE OF INFORMATION ANALYSIS AND IN-
FRASTRUCTURE PROTECTION.—The Secretary shall en-
sure that the responsibilities of the Department regarding 
information analysis and infrastructure protection are car-
ried out through the Under Secretary for Information 
Analysis and Infrastructure Protection. 
(d) RESPONSIBILITIES
OF UNDER SECRETARY.—
Subject to the direction and control of the Secretary, the 
responsibilities of the Under Secretary for Information 
Analysis and Infrastructure Protection shall be as follows:
(1) To access, receive, and analyze law enforce-
ment information, intelligence information, and 
other information from agencies of the Federal Gov-
ernment, 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 ac-
tual and potential vulnerabilities of the home-
land. 
(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 counter-
measures to such attacks). 
(3) To integrate relevant information, analyses, 
and vulnerability assessments (whether such infor-
mation, analyses, or assessments are provided or 
produced by the Department or others) in order to 
identify priorities for protective and support meas-
ures by the Department, other agencies of the Fed-
eral Government, State and local government agen-
cies and authorities, the private sector, and other en-
tities. 
(4) To ensure, pursuant to section 202, the 
timely and efficient access by the Department to all 
information necessary to discharge the responsibil-
ities under this section, including obtaining such in-
formation from other agencies of the Federal Gov-
ernment. 
(5) To develop a comprehensive national plan 
for securing the key resources and critical infra-
structure of the United States, including power pro-
duction, generation, and distribution systems, infor-
mation technology and telecommunications systems 
(including satellites), electronic financial and prop-
erty record storage and transmission systems, emer-
gency preparedness communications systems, and 
the physical and technological assets that support 
such systems. 
(6) To recommend measures necessary to pro-
tect the key resources and critical infrastructure of
the United States in coordination with other agen-
cies of the Federal Government and in cooperation 
with State and local government agencies and au-
thorities, the private sector, and other entities. 
(7) To administer the Homeland Security Advi-
sory 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 appro-
priate 
protective 
measures 
and 
counter-
measures, to State and local government agen-
cies and authorities, the private sector, other 
entities, and the public. 
(8) To review, analyze, and make recommenda-
tions for improvements in the policies and proce-
dures governing the sharing of law enforcement in-
formation, intelligence information, intelligence-re-
lated 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 In-
telligence and other appropriate intelligence, law en-
forcement, or other elements of the Federal Govern-
ment 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 rep-
resentation of the Department in discussions regard-
ing requirements and priorities in the collection of 
such information.
(11) To consult with State and local govern-
ments and private sector entities to ensure appro-
priate exchanges of information, including law en-
forcement-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 con-
sistent with the authority of the Director of 
Central Intelligence to protect intelligence 
sources and methods under the National Secu-
rity 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 re-
lating to threats of terrorism in the United States, 
or relating to other areas of responsibility assigned 
by the Secretary, including the entry into coopera-
tive agreements through the Secretary to obtain 
such information. 
(14) To establish and utilize, in conjunction 
with the chief information officer of the Department, 
a secure communications and information technology 
infrastructure, including data-mining and other ad-
vanced analytical tools, in order to access, receive, 
and analyze data and information in furtherance of 
the responsibilities under this section, and to dis-
seminate information acquired and analyzed by the 
Department, as appropriate. 
(15) To ensure, in conjunction with the chief 
information officer of the Department, that any in-
formation databases and analytical tools developed 
or utilized by the Department—
(A) are compatible with one another and 
with relevant information databases of other 
agencies of the Federal Government; and 
(B) treat information in such databases in 
a manner that complies with applicable Federal 
law on privacy. 
(16) To coordinate training and other support 
to the elements and personnel of the Department, 
other agencies of the Federal Government, and State 
and local governments that provide information to 
the Department, or are consumers of information 
provided by the Department, in order to facilitate 
the identification and sharing of information re-
vealed in their ordinary duties and the optimal utili-
zation of information received from the Department.
(17) To coordinate with elements of the intel-
ligence community and with Federal, State, and 
local law enforcement agencies, and the private sec-
tor, as appropriate. 
(18) To provide intelligence and information 
analysis and support to other elements of the De-
partment. 
(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 ap-
propriate expertise and experience to assist the Di-
rectorate 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 ap-
propriate for their work under this section. 
(f) DETAIL OF PERSONNEL.—
(1) IN GENERAL.—In order to assist the Direc-
torate in discharging responsibilities under this sec-
tion, personnel of the agencies referred to in para-
graph (2) may be detailed to the Department for the 
performance of analytic functions and related duties. 
(2) COVERED
AGENCIES.—The agencies re-
ferred 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 Gov-
ernment that the President considers appro-
priate. 
(3) COOPERATIVE
AGREEMENTS.—The Sec-
retary 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-reim-
bursable basis. 
(g) FUNCTIONS TRANSFERRED.—In accordance with 
title XV, there shall be transferred to the Secretary, for 
assignment to the Under Secretary for Information Anal-
ysis and Infrastructure Protection under this section, the 
functions, personnel, assets, and liabilities of the following: 
(1) The National Infrastructure Protection 
Center of the Federal Bureau of Investigation (other 
than the Computer Investigations and Operations 
Section), including the functions of the Attorney 
General relating thereto. 
(2) The National Communications System of 
the Department of Defense, including the functions 
of the Secretary of Defense relating thereto. 
(3) The Critical Infrastructure Assurance Of-
fice 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 ac-
tivities 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, in-
cluding the functions of the Administrator of Gen-
eral Services relating thereto.
(h) INCLUSION OF CERTAIN ELEMENTS OF THE DE-
PARTMENT AS ELEMENTS OF THE INTELLIGENCE COM-
MUNITY.—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 subpara-
graph (I); 
(2) by redesignating subparagraph (J) as sub-
paragraph (K); and 
(3) by inserting after subparagraph (I) the fol-
lowing new subparagraph: 
‘‘(J) the elements of the Department of 
Homeland Security concerned with the analyses 
of foreign intelligence information; and’’. 
SEC. 202. ACCESS TO INFORMATION. 
(a) IN GENERAL.—
(1) THREAT
AND
VULNERABILITY
INFORMA-
TION.—Except as otherwise directed by the Presi-
dent, the Secretary shall have such access as the 
Secretary considers necessary to all information, in-
cluding 
reports, 
assessments, 
analyses, 
and 
unevaluated intelligence relating to threats of ter-
rorism 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 di-
rected 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 ar-
rangements with other executive agencies to provide 
such material or provide Department officials with 
access to it on a regular or routine basis, including 
requests or arrangements involving broad categories 
of material, access to electronic databases, or both; 
and 
(2) regardless of whether the Secretary has 
made any request or entered into any cooperative ar-
rangement pursuant to paragraph (1), all agencies 
of the Federal Government shall promptly provide to 
the Secretary—
(A) all reports (including information re-
ports containing intelligence which has not been 
fully evaluated), assessments, and analytical in-
formation relating to threats of terrorism 
against the United States and to other areas of 
responsibility assigned by the Secretary; 
(B) all information concerning the vulner-
ability of the infrastructure of the United 
States, or other vulnerabilities of the United 
States, to terrorism, whether or not such infor-
mation has been analyzed; 
(C) all other information relating to sig-
nificant 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 Sec-
retary 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 re-
quired 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 INFOR-
MATION.—
(1) ACCESS BY ELEMENTS OF FEDERAL GOV-
ERNMENT.—Nothing in this title shall preclude any 
element of the intelligence community (as that term 
is defined in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 401a(4)), or other any ele-
ment of the Federal Government with responsibility 
for analyzing terrorist threat information, from re-
ceiving any intelligence or other information relating 
to terrorism. 
(2) SHARING
OF
INFORMATION.—The Sec-
retary, in consultation with the Director of Central 
Intelligence, shall work to ensure that intelligence or 
other information relating to terrorism to which the 
Department has access is appropriately shared with 
the elements of the Federal Government referred to 
in paragraph (1), as well as with State and local 
governments, as appropriate.
Subtitle B—Critical Infrastructure 
Information 
SEC. 211. SHORT TITLE. 
This subtitle may be cited as the ‘‘Critical Infrastruc-
ture Information Act of 2002’’. 
SEC. 212. DEFINITIONS. 
In this subtitle: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given it in section 551 of title 5, United 
States Code. 
(2) COVERED
FEDERAL
AGENCY.—The term 
‘‘covered Federal agency’’ means the Department of 
Homeland Security. 
(3) 
CRITICAL
INFRASTRUCTURE
INFORMA-
TION.—The term ‘‘critical infrastructure informa-
tion’’ means information not customarily in the pub-
lic domain and related to the security of critical in-
frastructure or protected systems—
(A) actual, potential, or threatened inter-
ference with, attack on, compromise of, or inca-
pacitation 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 infrastruc-
ture or protected system to resist such inter-
ference, compromise, or incapacitation, includ-
ing any planned or past assessment, projection, 
or estimate of the vulnerability of critical infra-
structure or a protected system, including secu-
rity testing, risk evaluation thereto, risk man-
agement planning, or risk audit; or 
(C) any planned or past operational prob-
lem or solution regarding critical infrastructure 
or protected systems, including repair, recovery, 
reconstruction, insurance, or continuity, to the 
extent it is related to such interference, com-
promise, or incapacitation. 
(4) CRITICAL
INFRASTRUCTURE
PROTECTION 
PROGRAM.—The term ‘‘critical infrastructure protec-
tion 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 OR-
GANIZATION.—The term ‘‘Information Sharing and
Analysis Organization’’ means any formal or infor-
mal entity or collaboration created or employed by 
public or private sector organizations, for purposes 
of—
(A) gathering and analyzing critical infra-
structure information in order to better under-
stand security problems and interdependencies 
related to critical infrastructure and protected 
systems, so as to ensure the availability, integ-
rity, and reliability thereof; 
(B) communicating or disclosing critical 
infrastructure information to help prevent, de-
tect, mitigate, or recover from the effects of a 
interference, compromise, or a incapacitation 
problem related to critical infrastructure or pro-
tected systems; and 
(C) voluntarily disseminating critical infra-
structure 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 com-
puter-based system, process, or procedure that 
directly or indirectly affects the viability of a fa-
cility of critical infrastructure; and 
(B) includes any physical or computer-
based system, including a computer, computer 
system, computer or communications network, 
or any component hardware or element thereof, 
software program, processing instructions, or 
information or data in transmission or storage 
therein, irrespective of the medium of trans-
mission or storage. 
(7) VOLUNTARY.—
(A) IN GENERAL.—The term ‘‘voluntary’’, 
in the case of any submittal of critical infra-
structure information to a covered Federal 
agency, means the submittal thereof in the ab-
sence of such agency’s exercise of legal author-
ity to compel access to or submission of such 
information and may be accomplished by a sin-
gle entity or an Information Sharing and Anal-
ysis Organization on behalf of itself or its mem-
bers. 
(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 Ex-
change 
Act 
of 
1934 
(15 
U.S.C. 
78c(a)(47))—
(I) does not include information 
or statements contained in any docu-
ments or materials filed with the Se-
curities and Exchange Commission, or 
with Federal banking regulators, pur-
suant 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 pro-
ceedings.
SEC. 213. DESIGNATION OF CRITICAL INFRASTRUCTURE 
PROTECTION PROGRAM. 
A critical infrastructure protection program may be 
designated as such by one of the following: 
(1) The President. 
(2) The Secretary of Homeland Security. 
SEC. 214. PROTECTION OF VOLUNTARILY SHARED CRIT-
ICAL 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 sys-
tems, analysis, warning, interdependency study, re-
covery, reconstitution, or other informational pur-
pose, 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 Infor-
mation Act); 
(B) shall not be subject to any agency 
rules or judicial doctrine regarding ex parte 
communications with a decision making official;
(C) shall not, without the written consent 
of the person or entity submitting such infor-
mation, 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 sub-
mitted in good faith; 
(D) shall not, without the written consent 
of the person or entity submitting such infor-
mation, be used or disclosed by any officer or 
employee of the United States for purposes 
other than the purposes of this subtitle, ex-
cept—
(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 sub-
committee thereof, any joint com-
mittee 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 distrib-
uted 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 pur-
pose of protecting critical infrastructure or 
protected systems, or in furtherance of an 
investigation or the prosecution of a crimi-
nal act; and 
(F) does not constitute a waiver of any ap-
plicable 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 pro-
tection from disclosure as provided by the provi-
sions of the Critical Infrastructure Information 
Act of 2002.’’; or 
(B) in the case of oral information, a simi-
lar written statement submitted within a rea-
sonable period following the oral communica-
tion. 
(b) LIMITATION.—No communication of critical in-
frastructure 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 Advi-
sory Committee Act (5 U.S.C. App. 2). 
(c) INDEPENDENTLY OBTAINED INFORMATION.—
Nothing in this section shall be construed to limit or other-
wise affect the ability of a State, local, or Federal Govern-
ment entity, agency, or authority, or any third party, 
under applicable law, to obtain critical infrastructure in-
formation in a manner not covered by subsection (a), in-
cluding any information lawfully and properly disclosed
generally or broadly to the public and to use such informa-
tion in any manner permitted by law. 
(d) TREATMENT OF VOLUNTARY SUBMITTAL OF IN-
FORMATION.—The voluntary submittal to the Government 
of information or records that are protected from disclo-
sure by this subtitle shall not be construed to constitute 
compliance with any requirement to submit such informa-
tion to a Federal agency under any other provision of law. 
(e) PROCEDURES.—
(1) IN GENERAL.—The Secretary of the De-
partment of Homeland Security shall, in consulta-
tion with appropriate representatives of the National 
Security Council and the Office of Science and Tech-
nology 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 re-
garding—
(A) the acknowledgement of receipt by 
Federal agencies of critical infrastructure infor-
mation that is voluntarily submitted to the Gov-
ernment; 
(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 informa-
tion; and 
(D) the protection and maintenance of the 
confidentiality of such information so as to per-
mit 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 in-
frastructure 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 sen-
sitive, relates specifically to the submitting per-
son or entity, and is otherwise not appropriately 
in the public domain. 
(f) PENALTIES.—Whoever, being an officer or em-
ployee of the United States or of any department or agen-
cy thereof, knowingly publishes, divulges, discloses, or 
makes known in any manner or to any extent not author-
ized by law, any critical infrastructure information pro-
tected from disclosure by this subtitle coming to him in 
the course of this employment or official duties or by rea-
son of any examination or investigation made by, or re-
turn, report, or record made to or filed with, such depart-
ment 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 govern-
mental entities, or the general public regarding potential 
threats to critical infrastructure as appropriate. In issuing 
a warning, the Federal Government shall take appropriate 
actions to protect from disclosure—
(1) the source of any voluntarily submitted crit-
ical infrastructure information that forms the basis 
for the warning; or 
(2) information that is proprietary, business 
sensitive, relates specifically to the submitting per-
son or entity, or is otherwise not appropriately in 
the public domain. 
(h) AUTHORITY TO DELEGATE.—The President may 
delegate authority to a critical infrastructure protection
program, designated under subsection (e), to enter into 
a voluntary agreement to promote critical infrastructure 
security, including with any Information Sharing and 
Analysis Organization, or a plan of action as otherwise 
defined in section 708 of the Defense Production Act of 
1950 (50 U.S.C. App. 2158). 
SEC. 215. NO PRIVATE RIGHT OF ACTION. 
Nothing in this subtitle may be construed to create 
a private right of action for enforcement of any provision 
of this Act. 
Subtitle C—Information Security 
SEC. 221. PROCEDURES FOR SHARING INFORMATION. 
The Secretary shall establish procedures on the use 
of information shared under this title that—
(1) limit the redissemination of such informa-
tion to ensure that it is not used for an unauthor-
ized 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 in-
formation; and 
(4) provide data integrity through the timely re-
moval and destruction of obsolete or erroneous 
names and information.
SEC. 222. PRIVACY OFFICER. 
The Secretary shall appoint a senior official in the 
Department to assume primary responsibility for privacy 
policy, including— 
(1) assuring that the use of technologies sus-
tain, and do not erode, privacy protections relating 
to the use, collection, and disclosure of personal in-
formation; 
(2) assuring that personal information con-
tained 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 pro-
posals 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 De-
partment on the privacy of personal information, in-
cluding the type of personal information collected 
and the number of people affected; and 
(5) preparing a report to Congress on an an-
nual basis on activities of the Department that af-
fect privacy, including complaints of privacy viola-
tions, implementation of the Privacy Act of 1974, in-
ternal controls, and other matters.
nology 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 commu-
nities to respond and recover from attacks on information 
systems and communications networks. 
SEC. 225. CYBER SECURITY ENHANCEMENT ACT OF 2002. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Cyber Security Enhancement Act of 2002’’. 
(b) AMENDMENT OF SENTENCING GUIDELINES RE-
LATING TO CERTAIN COMPUTER CRIMES.—
(1) DIRECTIVE TO THE UNITED STATES SEN-
TENCING
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 of-
fense under section 1030 of title 18, United States 
Code. 
(2) REQUIREMENTS.—In carrying out this sub-
section, 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 result-
ing from the offense; 
(ii) the level of sophistication and 
planning involved in the offense; 
(iii) whether the offense was com-
mitted for purposes of commercial advan-
tage or private financial benefit; 
(iv) whether the defendant acted with 
malicious intent to cause harm in commit-
ting 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 fur-
therance of national defense, national secu-
rity, or the administration of justice; 
(vii) whether the violation was in-
tended to or had the effect of significantly
interfering with or disrupting a critical in-
frastructure; and 
(viii) whether the violation was in-
tended 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 sen-
tencing 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 recommenda-
tions the Commission may have regarding statutory pen-
alties 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 phys-
ical injury to any person requires disclosure without 
delay of communications relating to the emer-
gency.’’. 
(2) REPORTING OF DISCLOSURES.—A govern-
ment 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 per-
tained, and the number of communications, if any, 
that were disclosed. The Attorney General shall pub-
lish all such reports into a single report to be sub-
mitted to Congress 1 year after the date of enact-
ment of this Act. 
(e) GOOD FAITH EXCEPTION.—Section 2520(d)(3) of 
title 18, United States Code, is amended by inserting ‘‘or 
2511(2)(i)’’ after ‘‘2511(3)’’.
(f) INTERNET ADVERTISING OF ILLEGAL DEVICES.—
Section 2512(1)(c) of title 18, United States Code, is 
amended—
(1) by inserting ‘‘or disseminates by electronic 
means’’ after ‘‘or other publication’’; and 
(2) by inserting ‘‘knowing the content of the 
advertisement and’’ before ‘‘knowing or having rea-
son 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 ‘‘, stat-
utory authorization’’ after ‘‘subpoena’’. 
(2) SECTION
2511.—Section 2511(2)(a)(ii) of 
title 18, United States Code, is amended by insert-
ing ‘‘, 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 se-
curity interest; or 
‘‘(D) an ongoing attack on a protected 
computer (as defined in section 1030) that con-
stitutes a crime punishable by a term of impris-
onment greater than one year;’’. 
(j) PROTECTING PRIVACY.—
(1) SECTION 2511.—Section 2511(4) of title 18, 
United States Code, is amended—
(A) by striking paragraph (b); and 
(B) by redesignating paragraph (c) as 
paragraph (b). 
(2) SECTION 2701.—Section 2701(b) of title 18, 
United States Code, is amended—
(A) in paragraph (1), by inserting ‘‘, or in 
furtherance of any criminal or tortious act in 
violation of the Constitution or laws of the 
United States or any State’’ after ‘‘commercial 
gain’’; 
(B) in paragraph (1)(A), by striking ‘‘one 
year’’ and inserting ‘‘5 years’’;
(C) in paragraph (1)(B), by striking ‘‘two 
years’’ and inserting ‘‘10 years’’; and 
(D) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) in any other case—
‘‘(A) a fine under this title or imprison-
ment 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 imprison-
ment for not more than 5 years, or both, in the 
case of an offense under this subparagraph that 
occurs after a conviction of another offense 
under this section.’’.
Subtitle D—Office of Science and 
Technology 
SEC. 231. ESTABLISHMENT OF OFFICE; DIRECTOR. 
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is hereby established 
within the Department of Justice an Office of 
Science and Technology (hereinafter in this title re-
ferred 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 Di-
rector, who shall be an individual appointed based on ap-
proval by the Office of Personnel Management of the exec-
utive qualifications of the individual. 
SEC. 232. MISSION OF OFFICE; DUTIES. 
(a) MISSION.—The mission of the Office shall be—
(1) to serve as the national focal point for work 
on law enforcement technology; and 
(2) to carry out programs that, through the 
provision of equipment, training, and technical as-
sistance, improve the safety and effectiveness of law 
enforcement technology and improve access to such 
technology by Federal, State, and local law enforce-
ment 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 Fed-
eral, State, and local law enforcement agencies.
(3) To establish and maintain performance 
standards in accordance with the National Tech-
nology 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 Of-
fice in accordance with the National Technology 
Transfer and Advancement Act of 1995 (Public Law 
104–113). The program may, at the discretion of 
the Office, allow for supplier’s declaration of con-
formity with such standards. 
(5) To work with other entities within the De-
partment of Justice, other Federal agencies, and the 
executive office of the President to establish a co-
ordinated 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 effi-
ciency of law enforcement technologies used by Fed-
eral, State, and local law enforcement agencies, in-
cluding, 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 informa-
tion; 
(E) wire and wireless interoperable com-
munication technologies; 
(F) tools and techniques that facilitate in-
vestigative and forensic work, including com-
puter forensics; 
(G) equipment for particular use in 
counterterrorism, including devices and tech-
nologies to disable terrorist devices; 
(H) guides to assist State and local law en-
forcement agencies; 
(I) DNA identification technologies; and 
(J) tools and techniques that facilitate in-
vestigations of computer crime.
(7) To administer a program of research, devel-
opment, testing, and demonstration to improve the 
interoperability of voice and data public safety com-
munications. 
(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 per-
sonnel, including prosecutors. 
(10) To operate the regional National Law En-
forcement 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 ad-
vanced investigative analysis and forensic tools to as-
sist 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 informa-
tion 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 nec-
essary to carry out its mission. 
(16) To carry out other duties assigned by the 
Attorney General to accomplish the mission of the 
Office. 
(c) COMPETITION REQUIRED.—Except as otherwise 
expressly provided by law, all research and development 
carried out by or through the Office shall be carried out 
on a competitive basis. 
(d) INFORMATION FROM FEDERAL AGENCIES.—Fed-
eral 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 com-
pliance with such request is otherwise prohibited by law. 
(e) PUBLICATIONS.—Decisions concerning publica-
tions issued by the Office shall rest solely with the Direc-
tor 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 sub-
mitted to Congress in support of the Department of Jus-
tice 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 Of-
fice. 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 sub-
mitted—
(A) the Director’s assessment of the needs 
of Federal, State, and local law enforcement 
agencies for assistance with respect to law en-
forcement technology and other matters con-
sistent 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 eval-
uation of the extent to which those activities success-
fully meet the needs assessed under paragraph 
(1)(A) in previous reports.
SEC. 233. DEFINITION OF LAW ENFORCEMENT TECH-
NOLOGY. 
For the purposes of this title, the term ‘‘law enforce-
ment technology’’ includes investigative and forensic tech-
nologies, corrections technologies, and technologies that 
support the judicial process. 
SEC. 234. ABOLISHMENT OF OFFICE OF SCIENCE AND 
TECHNOLOGY OF NATIONAL INSTITUTE OF 
JUSTICE; TRANSFER OF FUNCTIONS. 
(a) AUTHORITY TO TRANSFER FUNCTIONS.—The 
Attorney General may transfer to the Office any other pro-
gram 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 Ju-
diciary 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 employ-
ees and assets of the element of the Department of Justice 
from which the transfer is made that the Attorney General 
determines are needed to perform that function, power, 
or duty, or for that program or activity, as the case may 
be, shall be transferred to the Office. 
(c) REPORT ON IMPLEMENTATION.—Not later than 
1 year after the date of the enactment of this Act, the
Attorney General shall submit to the Committee on the 
Judiciary of the Senate and the Committee on the Judici-
ary of the House of Representatives a report on the imple-
mentation 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 ap-
propriations, and set forth the future funding needs 
of the Office; and 
(2) include such other information and rec-
ommendations as the Attorney General considers ap-
propriate. 
SEC. 235. NATIONAL LAW ENFORCEMENT AND CORREC-
TIONS TECHNOLOGY CENTERS. 
(a) IN GENERAL.—The Director of the Office shall 
operate and support National Law Enforcement and Cor-
rections Technology Centers (hereinafter in this section 
referred to as ‘‘Centers’’) and, to the extent necessary, es-
tablish new centers through a merit-based, competitive 
process. 
(b) PURPOSE
OF CENTERS.—The purpose of the 
Centers shall be to—
(1) support research and development of law 
enforcement technology;
(2) support the transfer and implementation of 
technology; 
(3) assist in the development and dissemination 
of guidelines and technological standards; and 
(4) provide technology assistance, information, 
and support for law enforcement, corrections, and 
criminal justice purposes. 
(c) ANNUAL MEETING.—Each year, the Director 
shall convene a meeting of the Centers in order to foster 
collaboration and communication between Center partici-
pants. 
(d) REPORT.—Not later than 12 months after the 
date of the enactment of this Act, the Director shall trans-
mit 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 Fed-
eral, 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 sub-
section (a)(5) by inserting ‘‘coordinate and’’ before 
‘‘provide’’.
SEC. 237. AMENDMENTS RELATING TO NATIONAL INSTI-
TUTE OF JUSTICE. 
Section 202(c) of the Omnibus Crime Control and 
Safety Streets Act of 1968 (42 U.S.C. 3722(c)) is amend-
ed—
(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 add-
ing at the end the following: 
‘‘(10) research and development of tools and 
technologies relating to prevention, detection, inves-
tigation, and prosecution of crime; and 
‘‘(11) support research, development, testing, 
training, and evaluation of tools and technology for 
Federal, State, and local law enforcement agencies.’’. 
TITLE III—SCIENCE AND TECH-
NOLOGY 
IN 
SUPPORT 
OF 
HOMELAND SECURITY 
SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECH-
NOLOGY. 
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 TECH-
NOLOGY. 
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 ap-
propriate executive agencies, a national policy and 
strategic plan for, identifying priorities, goals, objec-
tives 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, includ-
ing the development of comprehensive, research-
based definable goals for such efforts and develop-
ment of annual measurable objectives and specific 
targets to accomplish and evaluate the goals for 
such efforts; 
(3) supporting the Under Secretary for Infor-
mation Analysis and Infrastructure Protection, by 
assessing 
and 
testing 
homeland 
security 
vulnerabilities and possible threats;
(4) conducting basic and applied research, de-
velopment, demonstration, testing, and evaluation 
activities that are relevant to any or all elements of 
the Department, through both intramural and extra-
mural programs, except that such responsibility does 
not extend to human health-related research and de-
velopment activities; 
(5) establishing priorities for, directing, fund-
ing, 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 home-
land security developments or technologies to fed-
eral, state, local government, and private sector enti-
ties; 
(7) entering into work agreements, joint spon-
sorships, contracts, or any other agreements with 
the Department of Energy regarding the use of the 
national laboratories or sites and support of the 
science and technology base at those facilities;
(8) collaborating with the Secretary of Agri-
culture and the Attorney General as provided in sec-
tion 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 Regula-
tions, 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 Depart-
ment, including the long-term research and develop-
ment 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 execu-
tive 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 administra-
tion of guidelines for merit review of research and 
development projects throughout the Department, 
and for the dissemination of research conducted or 
sponsored by the Department. 
SEC. 303. FUNCTIONS TRANSFERRED. 
In accordance with title XV, there shall be trans-
ferred 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 in-
cluding programs and activities relating to the stra-
tegic 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 pro-
gram of the nonproliferation and verification re-
search and development program. The pro-
grams and activities described in this subpara-
graph may be designated by the President ei-
ther 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 co-
operation program of the international mate-
rials protection and cooperation program. 
(D) Such life sciences activities of the bio-
logical and environmental research program re-
lated to microbial pathogens as may be des-
ignated by the President for transfer to the De-
partment. 
(E) The Environmental Measurements 
Laboratory. 
(F) The advanced scientific computing re-
search program and activities at Lawrence 
Livermore National Laboratory. 
(2) The National Bio-Weapons Defense Anal-
ysis Center of the Department of Defense, including 
the functions of the Secretary of Defense related 
thereto. 
(3) The Plum Island Animal Disease Center of 
the Department of Agriculture, as provided in sec-
tion 310.
SEC. 304. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED 
ACTIVITIES. 
(a) IN GENERAL.—With respect to civilian human 
health-related research and development activities relating 
to countermeasures for chemical, biological, radiological, 
and nuclear and other emerging terrorist threats carried 
out by the Department of Health and Human Services 
(including the Public Health Service), the Secretary of
Health and Human Services shall set priorities, goals, ob-
jectives, 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 Serv-
ices shall collaborate with the Secretary in developing spe-
cific benchmarks and outcome measurements for evalu-
ating 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 COUNTER-
MEASURES BY HEALTH PROFESSIONALS.—
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, and subject to other provisions of this sub-
section, 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
CON-
CERNING COUNTERMEASURE AGAINST SMALLPOX.—
‘‘(A) AUTHORITY
TO
ISSUE
DECLARA-
TION.—
‘‘(i) IN
GENERAL.—The Secretary 
may issue a declaration, pursuant to this 
paragraph, concluding that an actual or 
potential bioterrorist incident or other ac-
tual 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 dec-
laration the substance or substances that 
shall 
be 
considered 
covered 
counter-
measures (as defined in paragraph (8)(A))
for purposes of administration to individ-
uals during the effective period of the dec-
laration. 
‘‘(iii) EFFECTIVE PERIOD.—The Sec-
retary shall specify in such declaration the 
beginning and ending dates of the effective 
period of the declaration, and may subse-
quently amend such declaration to shorten 
or extend such effective period, provided 
that the new closing date is after the date 
when the declaration is amended. 
‘‘(iv) PUBLICATION.—The Secretary 
shall promptly publish each such declara-
tion and amendment in the Federal Reg-
ister. 
‘‘(B) LIABILITY OF UNITED STATES ONLY 
FOR ADMINISTRATIONS WITHIN SCOPE OF DEC-
LARATION.—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 adminis-
tered 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 re-
spect to such countermeasure; and 
‘‘(ii)(I) the individual was within a 
category of individuals covered by the dec-
laration; or 
‘‘(II) the qualified person admin-
istering 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 presump-
tion is rebutted) be deemed for pur-
poses of this subsection to be an indi-
vidual to whom a covered counter-
measure was administered by a quali-
fied person in accordance with the 
terms of such declaration and as de-
scribed by subparagraph (B). 
‘‘(ii) CIRCUMSTANCES IN WHICH PRE-
SUMPTION
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 pro-
vided by clauses (i) and (ii) of sub-
paragraph (B) and contracts vaccinia 
after such date. 
‘‘(3) EXCLUSIVITY OF REMEDY.—The remedy 
provided by subsection (a) shall be exclusive of any
other civil action or proceeding for any claim or suit 
this subsection encompasses. 
‘‘(4) CERTIFICATION OF ACTION BY ATTORNEY 
GENERAL.—Subsection (c) applies to actions under 
this subsection, subject to the following provisions: 
‘‘(A) NATURE
OF
CERTIFICATION.—The 
certification by the Attorney General that is the 
basis for deeming an action or proceeding to be 
against the United States, and for removing an 
action or proceeding from a State court, is a 
certification that the action or proceeding is 
against a covered person and is based upon a 
claim alleging personal injury or death arising 
out of the administration of a covered counter-
measure. 
‘‘(B) CERTIFICATION OF ATTORNEY GEN-
ERAL
CONCLUSIVE.—The certification of the 
Attorney General of the facts specified in sub-
paragraph (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 proc-
essing and defense of a claim or action under 
this subsection based upon alleged acts or omis-
sions of such person. 
‘‘(B) CONSEQUENCES OF FAILURE TO CO-
OPERATE.—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 VIOLA-
TION.—
‘‘(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, settle-
ment, 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 sub-
stance that is—
‘‘(i)(I) used to prevent or treat small-
pox (including the vaccinia or another vac-
cine); or
‘‘(II) vaccinia immune globulin used 
to control or treat the adverse effects of 
vaccinia inoculation; and 
‘‘(ii) specified in a declaration under 
paragraph (2). 
‘‘(B) 
COVERED
PERSON.—The 
term 
‘covered person’, when used with respect to the 
administration of a covered countermeasure, in-
cludes any person who is—
‘‘(i) a manufacturer or distributor of 
such countermeasure; 
‘‘(ii) a health care entity under whose 
auspices such countermeasure was admin-
istered; 
‘‘(iii) a qualified person who adminis-
tered such countermeasure; or 
‘‘(iv) an official, agent, or employee of 
a person described in clause (i), (ii), or 
(iii). 
‘‘(C) 
QUALIFIED
PERSON.—The 
term 
‘qualified person’, when used with respect to the 
administration of a covered countermeasure, 
means a licensed health professional or other 
individual who is authorized to administer such
countermeasure under the law of the State in 
which the countermeasure was administered.’’. 
SEC. 305. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTERS. 
The Secretary, acting through the Under Secretary 
for Science and Technology, shall have the authority to 
establish or contract with 1 or more federally funded re-
search and development centers to provide independent 
analysis of homeland security issues, or to carry out other 
responsibilities under this Act, including coordinating and 
integrating both the extramural and intramural programs 
described in section 308. 
SEC. 306. MISCELLANEOUS PROVISIONS. 
(a) CLASSIFICATION.—To the greatest extent prac-
ticable, research conducted or supported by the Depart-
ment shall be unclassified. 
(b) CONSTRUCTION.—Nothing in this title shall be 
construed to preclude any Under Secretary of the Depart-
ment from carrying out research, development, demonstra-
tion, 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, devel-
opment, 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 congres-
sional committees of the proposed transfer and shall in-
clude 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 Ac-
celeration Fund for Research and Development of 
Homeland Security Technologies established in sub-
section (c). 
(2) HOMELAND
SECURITY
RESEARCH.—The 
term ‘‘homeland security research’’ means research 
relevant to the detection of, prevention of, protection 
against, response to, attribution of, and recovery 
from homeland security threats, particularly acts of 
terrorism.
(3) HSARPA.—The term ‘‘HSARPA’’ means the 
Homeland Security Advanced Research Projects 
Agency established in subsection (b). 
(4) UNDER
SECRETARY.—The term ‘‘Under 
Secretary’’ means the Under Secretary for Science 
and Technology. 
(b) HSARPA.—
(1) ESTABLISHMENT.—There is established the 
Homeland Security Advanced Research Projects 
Agency. 
(2) DIRECTOR.—HSARPA shall be headed by a 
Director, who shall be appointed by the Secretary. 
The Director shall report to the Under Secretary. 
(3) RESPONSIBILITIES.—The Director shall ad-
minister the Fund to award competitive, merit-re-
viewed 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 deploy-
ment of technologies that would address home-
land 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 Authoriza-
tion 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, periodi-
cally, shall hold homeland security technology dem-
onstrations to improve contact among technology de-
velopers, 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 ad-
ministered by the Director of HSARPA. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There 
are 
authorized 
to 
be 
appropriated 
$500,000,000 to the Fund for fiscal year 2003 and 
such sums as may be necessary thereafter. 
(3) COAST GUARD.—Of the funds authorized to 
be appropriated under paragraph (2), not less than 
10 percent of such funds for each fiscal year 
through fiscal year 2005 shall be authorized only for 
the Under Secretary, through joint agreement with 
the Commandant of the Coast Guard, to carry out 
research and development of improved ports, water-
ways and coastal security surveillance and perimeter 
protection capabilities for the purpose of minimizing 
the possibility that Coast Guard cutters, aircraft, 
helicopters, and personnel will be diverted from non-
homeland security missions to the ports, waterways 
and coastal security mission.
SEC. 308. CONDUCT OF RESEARCH, DEVELOPMENT, DEM-
ONSTRATION, 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 Tech-
nology, shall operate extramural research, develop-
ment, demonstration, testing, and evaluation pro-
grams so as to—
(A) ensure that colleges, universities, pri-
vate 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 re-
view processes developed under section 302(14); 
and 
(C) distribute funds through grants, coop-
erative agreements, and contracts.
(2) UNIVERSITY-BASED
CENTERS
FOR
HOME-
LAND SECURITY.—
(A) ESTABLISHMENT.—The Secretary, act-
ing 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 sys-
tem to enhance the Nation’s homeland security. 
(B) CRITERIA FOR SELECTION.—In select-
ing colleges or universities as centers for home-
land security, the Secretary shall consider the 
following criteria: 
(i) Demonstrated expertise in the 
training of first responders. 
(ii) Demonstrated expertise in re-
sponding to incidents involving weapons of 
mass destruction and biological warfare. 
(iii) Demonstrated expertise in emer-
gency medical services. 
(iv) Demonstrated expertise in chem-
ical, biological, radiological, and nuclear 
countermeasures. 
(v) Strong affiliations with animal and 
plant diagnostic laboratories. 
(vi) Demonstrated expertise in food 
safety.
(vii) Affiliation with Department of 
Agriculture laboratories or training cen-
ters. 
(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 edu-
cational outreach and technical assistance. 
(xiv) Demonstrated expertise in bor-
der transportation and security. 
(xv) Demonstrated expertise in inter-
disciplinary 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 para-
graph as necessary. 
(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated 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 con-
tractor or the Government. 
(2) LABORATORIES.—The Secretary, acting 
through the Under Secretary for Science and Tech-
nology, may establish a headquarters laboratory for 
the Department at any laboratory or site and may 
establish additional laboratory units at other labora-
tories or sites. 
(3) CRITERIA
FOR
HEADQUARTERS
LABORA-
TORY.—If the Secretary chooses to establish a head-
quarters 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, appro-
priate 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 congres-
sional committees on which laboratory was se-
lected, how the selected laboratory meets the 
published criteria, and what duties the head-
quarters laboratory shall perform. 
(4) LIMITATION
ON
OPERATION
OF
LABORA-
TORIES.—No laboratory shall begin operating as the 
headquarters laboratory of the Department until at 
least 30 days after the transmittal of the report re-
quired by paragraph (3)(E). 
SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NA-
TIONAL LABORATORIES AND SITES IN SUP-
PORT OF HOMELAND SECURITY ACTIVITIES. 
(a) AUTHORITY TO UTILIZE NATIONAL LABORA-
TORIES 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 meth-
ods, as the Secretary considers appropriate: 
(A) A joint sponsorship arrangement re-
ferred to in subsection (b). 
(B) A direct contract between the Depart-
ment 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 gov-
erning the administration, mission, use, or oper-
ations 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 mis-
sions 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 per-
formance of work as if such site were a federally 
funded research and development center and the 
work were performed under a multiple agency spon-
sorship arrangement with the Department. 
(3) PRIMARY
SPONSOR.—The Department of 
Energy shall be the primary sponsor under a mul-
tiple 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 for-
mation and performance of a joint sponsorship ar-
rangement under this subsection between the De-
partment and a Department of Energy national lab-
oratory or site. 
(5) FEDERAL ACQUISITION REGULATION.—Any 
work performed by a Department of Energy national 
laboratory or site under a joint sponsorship arrange-
ment 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 na-
tional laboratories or sites, as the case may be, 
under a joint sponsorship arrangement under this 
subsection under the same terms and conditions as 
apply to the primary sponsor of such national lab-
oratory 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 ex-
tent 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 De-
partment of Energy to the Department of Homeland Se-
curity are being carried out through direct contracts with 
the operator of a national laboratory or site of the Depart-
ment 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 LI-
CENSING AGREEMENTS.—In connection with any utiliza-
tion 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 De-
partment 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 Depart-
ment of Energy. 
(f) LABORATORY DIRECTED RESEARCH AND DEVEL-
OPMENT 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 develop-
ment activities carried out by the Department of Energy 
unless such activities support the missions of the Depart-
ment of Homeland Security. 
(g) OFFICE FOR NATIONAL LABORATORIES.—There 
is established within the Directorate of Science and Tech-
nology an Office for National Laboratories, which shall be 
responsible for the coordination and utilization of the De-
partment 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 Sec-
retary of Energy shall ensure that any research, develop-
ment, test, and evaluation activities conducted within the 
Department of Energy that are directly or indirectly re-
lated to homeland security are fully coordinated with the 
Secretary to minimize duplication of effort and maximize 
the effective application of Federal budget resources. 
SEC. 310. TRANSFER OF PLUM ISLAND ANIMAL DISEASE 
CENTER, DEPARTMENT OF AGRICULTURE. 
(a) IN GENERAL.—In accordance with title XV, the 
Secretary of Agriculture shall transfer to the Secretary of
Homeland Security the Plum Island Animal Disease Cen-
ter of the Department of Agriculture, including the assets 
and liabilities of the Center. 
(b) CONTINUED DEPARTMENT OF AGRICULTURE AC-
CESS.—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 Depart-
ment of Agriculture is able to carry out research, diag-
nostic, and other activities of the Department of Agri-
culture at the Center. 
(c) DIRECTION OF ACTIVITIES.—The Secretary of 
Agriculture shall continue to direct the research, diag-
nostic, and other activities of the Department of Agri-
culture 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 Ani-
mal Disease Center, the President shall notify Con-
gress of the change and describe the reasons for the 
change. 
(2) LIMITATION.—No change described in para-
graph (1) may be made earlier than 180 days after 
the completion of the transition period (as defined in 
section 1501. 
SEC. 311. HOMELAND SECURITY SCIENCE AND TECH-
NOLOGY ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—There is established within 
the Department a Homeland Security Science and Tech-
nology 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, in-
cluding 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-
100
responders. The Advisory Committee shall also in-
clude representatives of citizen groups, including 
economically disadvantaged communities. The indi-
viduals appointed as members of the Advisory Com-
mittee—
(A) shall be eminent in fields such as 
emergency response, research, engineering, new 
product development, business, and manage-
ment consulting; 
(B) shall be selected solely on the basis of 
established records of distinguished service; 
(C) shall not be employees of the Federal 
Government; and 
(D) shall be so selected as to provide rep-
resentation 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 Com-
mittee, but only if the panel used by the National 
Research Council reflects the representation de-
scribed in paragraph (1).
101
(c) TERMS OF OFFICE.—
(1) IN
GENERAL.—Except as otherwise pro-
vided 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 ap-
pointed 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 Com-
mittee 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 meet-
ing, whenever possible not less than 15 days before the 
meeting.
102
(f) QUORUM.—A majority of the members of the Ad-
visory 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 Com-
mittee 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 rec-
ommendations of the Advisory Committee during the 
previous year. 
(2) 
ADDITIONAL
REPORTS.—The 
Advisory 
Committee may render to the Under Secretary for 
transmittal to Congress such additional reports on 
specific policy matters as it considers appropriate. 
(i) FACA EXEMPTION.—Section 14 of the Federal 
Advisory Committee Act shall not apply to the Advisory 
Committee.
103
(j) TERMINATION.—The Department of Homeland 
Security Science and Technology Advisory Committee 
shall terminate 3 years after the effective date of this Act. 
SEC. 312. HOMELAND SECURITY INSTITUTE. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a federally funded research and development center to be 
known as the ‘‘Homeland Security Institute’’ (in this sec-
tion referred to as the ‘‘Institute’’). 
(b) ADMINISTRATION.—The Institute shall be admin-
istered as a separate entity by the Secretary. 
(c) DUTIES.—The duties of the Institute shall be de-
termined by the Secretary, and may include the following: 
(1) Systems analysis, risk analysis, and simula-
tion and modeling to determine the vulnerabilities of 
the Nation’s critical infrastructures and the effec-
tiveness of the systems deployed to reduce those 
vulnerabilities. 
(2) Economic and policy analysis to assess the 
distributed costs and benefits of alternative ap-
proaches to enhancing security. 
(3) Evaluation of the effectiveness of measures 
deployed to enhance the security of institutions, fa-
cilities, and infrastructure that may be terrorist tar-
gets.
104
(4) Identification of instances when common 
standards and protocols could improve the interoper-
ability and effective utilization of tools developed for 
field operators and first responders. 
(5) Assistance for Federal agencies and depart-
ments in establishing testbeds to evaluate the effec-
tiveness 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, in-
cluding all national laboratories. 
(7) Design of and support for the conduct of 
homeland security-related exercises and simulations. 
(8) Creation of strategic technology develop-
ment 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 In-
stitute shall consult widely with representatives from pri-
vate industry, institutions of higher education, nonprofit 
institutions, other Government agencies, and federally 
funded reseach and development centers.
105
(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 Insti-
tute shall terminate 3 years after the effective date of this 
Act. 
SEC. 313. TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE 
AND SUPPORT INNOVATIVE SOLUTIONS TO 
ENHANCE HOMELAND SECURITY. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary, 
acting through the Under Secretary for Science and Tech-
nology, shall establish and promote a program to encour-
age technological innovation in facilitating the mission of 
the Department (as described in section 101). 
(b) ELEMENTS
OF PROGRAM.—The program de-
scribed in subsection (a) shall include the following compo-
nents: 
(1) The establishment of a centralized Federal 
clearinghouse for information relating to tech-
nologies that would further the mission of the De-
partment for dissemination, as appropriate, to Fed-
106
eral, 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, pro-
posals submitted to the Secretary (except as pro-
vided 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, recommenda-
tions, and technical assistance, as appropriate, to as-
sist Federal, State, and local government and pri-
vate 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 de-
velop 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 sub-
107
section (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 as-
sistance 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 sec-
tion, the Secretary shall coordinate with the Tech-
nical Support Working Group (organized under the 
April 1982 National Security Decision Directive 
Numbered 30).
TITLE 
IV—DIRECTORATE 
OF 
BORDER 
AND 
TRANSPOR-
TATION SECURITY 
Subtitle A—Under Secretary for 
Border and Transportation Se-
curity 
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANS-
PORTATION SECURITY. 
There shall be in the Department a Directorate of 
Border and Transportation Security headed by an Under 
Secretary for Border and Transportation Security.
108
SEC. 402. RESPONSIBILITIES. 
The Secretary, acting through the Under Secretary 
for Border and Transportation Security, shall be respon-
sible for the following: 
(1) Preventing the entry of terrorists and the 
instruments of terrorism into the United States. 
(2) Securing the borders, territorial waters, 
ports, terminals, waterways, and air, land, and sea 
transportation systems of the United States, includ-
ing 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 Immigra-
tion 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 ac-
cordance 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 enforce-
ment policies and priorities.
109
(6) Except as provided in subtitle C, admin-
istering the customs laws of the United States. 
(7) Conducting the inspection and related ad-
ministrative functions of the Department of Agri-
culture transferred to the Secretary of Homeland 
Security under section 421. 
(8) In carrying out the foregoing responsibil-
ities, ensuring the speedy, orderly, and efficient flow 
of lawful traffic and commerce. 
SEC. 403. FUNCTIONS TRANSFERRED. 
In accordance with title XV (relating to transition 
provisions), there shall be transferred to the Secretary the 
functions, personnel, assets, and liabilities of—
(1) the United States Customs Service of the 
Department of the Treasury, including the functions 
of the Secretary of the Treasury relating thereto; 
(2) the Transportation Security Administration 
of the Department of Transportation, including the 
functions of the Secretary of Transportation, and of 
the Under Secretary of Transportation for Security, 
relating thereto; 
(3) the Federal Protective Service of the Gen-
eral Services Administration, including the functions 
of the Administrator of General Services relating 
thereto;
110
(4) the Federal Law Enforcement Training 
Center of the Department of the Treasury; and 
(5) the Office for Domestic Preparedness of the 
Office of Justice Programs, including the functions 
of the Attorney General relating thereto. 
Subtitle B—United States Customs 
Service 
SEC. 411. ESTABLISHMENT; COMMISSIONER OF CUSTOMS. 
(a) ESTABLISHMENT.—There is established in the 
Department the United States Customs Service, under the
authority of the Under Secretary for Border and Trans-
portation Security, which shall be vested with those func-
tions including, but not limited to those set forth in section 
415(7), and the personnel, assets, and liabilities attrib-
utable 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—
111
‘‘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 effec-
tive date until a Commissioner of Customs is ap-
pointed under paragraph (1). 
SEC. 412. RETENTION OF CUSTOMS REVENUE FUNCTIONS 
BY SECRETARY OF THE TREASURY. 
(a) RETENTION OF CUSTOMS REVENUE FUNCTIONS 
BY SECRETARY OF THE TREASURY.—
(1) RETENTION
OF
AUTHORITY.—Notwith-
standing section 403(a)(1), authority related to Cus-
toms revenue functions that was vested in the Sec-
retary 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 con-
sult with the Secretary regarding the exercise of any 
such authority not delegated to the Secretary.
112
(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); sec-
tion 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 Eco-
nomic 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 FUNC-
TIONS.—
(1) MAINTENANCE
OF
FUNCTIONS.—Notwith-
standing any other provision of this Act, the Sec-
retary may not consolidate, discontinue, or diminish 
those functions described in paragraph (2) per-
113
formed by the United States Customs Service (as es-
tablished under section 411) on or after the effective 
date of this Act, reduce the staffing level, or reduce 
the resources attributable to such functions, and the 
Secretary shall ensure that an appropriate manage-
ment 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 Treas-
ury is authorized to appoint up to 20 new personnel to 
work with personnel of the Department in performing cus-
toms revenue functions. 
SEC. 413. PRESERVATION OF CUSTOMS FUNDS. 
Notwithstanding any other provision of this Act, no 
funds available to the United States Customs Service or 
collected under paragraphs (1) through (8) of section
114
13031(a) of the Consolidated Omnibus Budget Reconcili-
ation Act of 1985 may be transferred for use by any other 
agency or office in the Department. 
SEC. 414. SEPARATE BUDGET REQUEST FOR CUSTOMS. 
The President shall include in each budget trans-
mitted to Congress under section 1105 of title 31, United 
States Code, a separate budget request for the United 
States Customs Service. 
SEC. 415. DEFINITION. 
In this subtitle, the term ‘‘customs revenue function’’ 
means the following: 
(1) Assessing and collecting customs duties 
(including antidumping and countervailing duties 
and duties imposed under safeguard provisions), ex-
cise taxes, fees, and penalties due on imported mer-
chandise, including classifying and valuing merchan-
dise for purposes of such assessment. 
(2) Processing and denial of entry of persons, 
baggage, cargo, and mail, with respect to the assess-
ment and collection of import duties. 
(3) Detecting and apprehending persons en-
gaged 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
115
the marking of imported merchandise, and providing 
Customs Recordations for copyrights, patents, and 
trademarks. 
(5) Collecting accurate import data for compila-
tion of international trade statistics. 
(6) Enforcing reciprocal trade agreements. 
(7) Functions performed by the following per-
sonnel, and associated support staff, of the United 
States Customs Service on the day before the effec-
tive date of this Act: Import Specialists, Entry Spe-
cialists, Drawback Specialists, National Import Spe-
cialist, 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 of-
fices, with respect to any function described in any 
of paragraphs (1) through (7), and associated sup-
port staff, of the United States Customs Service on 
the day before the effective date of this Act: the Of-
fice 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.
116
SEC. 416. GAO REPORT TO CONGRESS. 
Not later than 3 months after the effective date of 
this Act, the Comptroller General of the United States 
shall submit to Congress a report that sets forth all trade 
functions performed by the executive branch, specifying 
each agency that performs each such function.
SEC. 417. ALLOCATION OF RESOURCES BY THE SECRETARY. 
(a) IN GENERAL.—The Secretary shall ensure that 
adequate staffing is provided to assure that levels of cus-
toms revenue services provided on the day before the effec-
tive 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 cus-
toms 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 De-
partment 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
117
described in paragraphs (1) through (6) and paragraph 
(8) of section 415. 
SEC. 418. REPORTS TO CONGRESS. 
(a) CONTINUING REPORTS.—The United States Cus-
toms 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 sub-
mitted 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 appro-
priate allocation of legal authorities described under this 
subsection. The Secretary of the Treasury shall also iden-
tify those authorities vested in the Secretary of the Treas-
ury that are exercised by the Commissioner of Customs 
on or before the effective date of this section.
118
SEC. 419. CUSTOMS USER FEES. 
(a) IN GENERAL.—Section 13031(f) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c(f)) is amended—
(1) in paragraph (1), by striking subparagraph 
(B) and inserting the following: 
‘‘(B) amounts deposited into the Customs 
Commercial and Homeland Security Automa-
tion 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 Auto-
mation 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, es-
tablishment, and implementation of the Automated Com-
mercial Environment computer system for the processing 
of merchandise that is entered or released and for other
119
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 Treas-
ury shall reduce the amount estimated to be collected in 
fiscal year 2006 by the amount by which total fees depos-
ited to the Account during fiscal years 2003, 2004, and 
2005 exceed total appropriations from that Account.’’. 
(b) CONFORMING AMENDMENT.—Section 311(b) of 
the Customs Border Security Act of 2002 (Public Law 
107–210) is amended by striking paragraph (2). 
Subtitle C—Miscellaneous 
Provisions
SEC. 421. TRANSFER OF CERTAIN AGRICULTURAL INSPEC-
TION FUNCTIONS OF THE DEPARTMENT OF 
AGRICULTURE. 
(a) TRANSFER
OF AGRICULTURAL IMPORT
AND 
ENTRY INSPECTION FUNCTIONS.—There shall be trans-
ferred to the Secretary the functions of the Secretary of 
Agriculture relating to agricultural import and entry in-
spection activities under the laws specified in subsection 
(b).
120
(b) COVERED ANIMAL
AND PLANT PROTECTION 
LAWS.—The laws referred to in subsection (a) are the fol-
lowing: 
(1) The Act commonly known as the Virus-
Serum-Toxin Act (the eighth paragraph under the 
heading ‘‘Bureau of Animal Industry’’ in the Act of 
March 4, 1913; 21 U.S.C. 151 et seq.). 
(2) Section 1 of the Act of August 31, 1922 
(commonly known as the Honeybee Act; 7 U.S.C. 
281). 
(3) Title III of the Federal Seed Act (7 U.S.C. 
1581 et seq.). 
(4) The Plant Protection Act (7 U.S.C. 7701 et 
seq.). 
(5) The Animal Health Protection Act (subtitle 
E of title X of Public Law 107–171; 7 U.S.C. 8301 
et seq.). 
(6) The Lacey Act Amendments of 1981 (16 
U.S.C. 3371 et seq.). 
(7) Section 11 of the Endangered Species Act 
of 1973 (16 U.S.C. 1540). 
(c) EXCLUSION OF QUARANTINE ACTIVITIES.—For 
purposes of this section, the term ‘‘functions’’ does not 
include any quarantine activities carried out under the 
laws specified in subsection (b).
121
(d) EFFECT OF TRANSFER.—
(1) COMPLIANCE WITH DEPARTMENT OF AGRI-
CULTURE REGULATIONS.—The authority transferred 
pursuant to subsection (a) shall be exercised by the 
Secretary in accordance with the regulations, poli-
cies, and procedures issued by the Secretary of Agri-
culture regarding the administration of the laws 
specified in subsection (b). 
(2) RULEMAKING
COORDINATION.—The Sec-
retary of Agriculture shall coordinate with the Sec-
retary whenever the Secretary of Agriculture pre-
scribes regulations, policies, or procedures for ad-
ministering the functions transferred under sub-
section (a) under a law specified in subsection (b). 
(3) EFFECTIVE
ADMINISTRATION.—The Sec-
retary, in consultation with the Secretary of Agri-
culture, 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
122
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 re-
quired 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 in-
clude 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 domes-
tic livestock and plants, but not transferred to 
the Secretary pursuant to subsection (a). 
(B) Authority for the Secretary of Agri-
culture to use employees of the Department of 
Homeland Security to carry out authorities del-
123
egated to the Animal and Plant Health Inspec-
tion Service regarding the protection of domes-
tic livestock and plants. 
(f) PERIODIC TRANSFER OF FUNDS TO DEPART-
MENT OF HOMELAND SECURITY.—
(1) TRANSFER OF FUNDS.—Out of funds col-
lected 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 Sec-
retary of Agriculture shall transfer, from time to 
time in accordance with the agreement under sub-
section (e), to the Secretary funds for activities car-
ried out by the Secretary for which such fees were 
collected. 
(2) LIMITATION.—The proportion of fees col-
lected pursuant to such sections that are transferred 
to the Secretary under this subsection may not ex-
ceed the proportion of the costs incurred by the Sec-
retary 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 transi-
tion period defined under section 1501, the Secretary of 
Agriculture shall transfer to the Secretary not more than
124
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 Ag-
riculture’’; and 
(B) by inserting ‘‘or the Secretary of 
Homeland Security’’ after ‘‘Secretary of Agri-
culture’’; 
(2) by striking ‘‘Secretary’’ each place it ap-
pears (other than in sections 501(a) and 501(e)) 
and inserting ‘‘Secretary concerned’’; and 
(3) by adding at the end of section 501 the fol-
lowing 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 in-
125
spections by the Department of Homeland Secu-
rity.’’.
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 au-
thorities of the Administrator of General Services with re-
spect 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, func-
tions, and authorities vested in the Administrator under 
chapter 10 of title 40, United States Code, and other pro-
visions of law that are necessary for the operation, mainte-
nance, 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 Serv-
126
ices to collect rents and fees, including fees col-
lected for protective services; or 
(B) to authorize the Secretary or any other 
official in the Department to obligate amounts 
in the Federal Buildings Fund established by 
section 490(f) of title 40, United States Code. 
(2) USE
OF
TRANSFERRED
AMOUNTS.—Any 
amounts transferred by the Administrator of Gen-
eral 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 Govern-
ment.
SEC. 423. FUNCTIONS OF TRANSPORTATION SECURITY AD-
MINISTRATION. 
(a) CONSULTATION WITH FEDERAL AVIATION AD-
MINISTRATION.—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 Sec-
retary shall establish a liaison office within the Depart-
ment for the purpose of consulting with the Administrator 
of the Federal Aviation Administration.
127
(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 con-
taining a plan for complying with the requirements of sec-
tion 44901(d) of title 49, United States Code, as amended 
by section 426 of this Act. 
(c) LIMITATIONS ON STATUTORY CONSTRUCTION.—
(1) GRANT
OF
AUTHORITY.—Nothing in this 
Act may be construed to vest in the Secretary or any 
other official in the Department any authority over 
transportation security that is not vested in the 
Under Secretary of Transportation for Security, or 
in the Secretary of Transportation under chapter 
449 of title 49, United States Code, on the day be-
fore the date of enactment of this Act. 
(2) OBLIGATION OF AIP FUNDS.—Nothing in 
this Act may be construed to authorize the Secretary 
or any other official in the Department to obligate 
amounts made available under section 48103 of title 
49, United States Code. 
SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY 
ADMINISTRATION AS A DISTINCT ENTITY. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of this Act, and subject to subsection (b), the Trans-
portation Security Administration shall be maintained as
128
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 Sec-
retary of Transportation for Security deter-
mines that the Transportation Security Admin-
istration is not able to deploy explosive detec-
tion 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 deter-
mination—
‘‘(i) the Under Secretary shall submit 
to the Senate Committee on Commerce, 
Science, and Transportation and the 
House of Representatives Committee on 
Transportation and Infrastructure a de-
tailed plan (which may be submitted in
129
classified form) for the deployment of the 
number of explosive detection systems at 
that airport necessary to meet the require-
ments of paragraph (1) as soon as prac-
ticable 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 alter-
native means of screening all checked bag-
gage 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 ac-
count—
‘‘(i) the nature and extent of the re-
quired modifications to the airport’s ter-
minal buildings, and the technical, engi-
neering, design and construction issues; 
‘‘(ii) the need to ensure that such in-
stallations and modifications are effective; 
and 
‘‘(iii) the feasibility and cost-effective-
ness of deploying explosive detection sys-
tems in the baggage sorting area or other
130
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 Sec-
retary makes a determination under subpara-
graph (A) shall—
‘‘(i) cooperate fully with the Trans-
portation Security Administration with re-
spect to screening checked baggage and 
changes to accommodate explosive detec-
tion 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 Se-
curity Administration has met the requirements of 
paragraph (1), the Under Secretary shall submit a
131
classified report every 30 days after the date of en-
actment of the Aviation Security Improvement Act 
to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives 
Committee on Transportation and Infrastructure de-
scribing the progress made toward meeting such re-
quirements at each airport.’’. 
SEC. 426. TRANSPORTATION SECURITY. 
(a) 
TRANSPORTATION
SECURITY
OVERSIGHT 
BOARD.—
(1) ESTABLISHMENT.—Section 115(a) of title 
49, United States Code, is amended by striking 
‘‘Department of Transportation’’ and inserting 
‘‘Department of Homeland Security’’. 
(2) MEMBERSHIP.—Section 115(b)(1) of title 
49, United States Code, is amended—
(A) by striking subparagraph (G); 
(B) by redesignating subparagraphs (A) 
through (F) as subparagraphs (B) through (G), 
respectively; and 
(C) by inserting before subparagraph (B) 
(as so redesignated) the following: 
‘‘(A) The Secretary of Homeland Security, 
or the Secretary’s designee.’’.
132
(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 fol-
lowing: 
‘‘(g) CONSULTATION WITH SECRETARY OF HOME-
LAND SECURITY.—The Secretary shall consult with the 
Secretary of Homeland Security before approving an ap-
plication 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 installa-
tion of bulk explosive detection system.’’. 
SEC. 427. COORDINATION OF INFORMATION AND INFORMA-
TION 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
133
(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 depart-
ment or agency determined to be appropriate by the Sec-
retary, shall ensure that appropriate information (as de-
termined by the Secretary) concerning inspections of arti-
cles that are imported or entered into the United States, 
and are inspected or regulated by 1 or more affected agen-
cies, is timely and efficiently exchanged between the af-
fected 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 Sec-
retary of Health and Human Services, and the head of 
each other department or agency determined to be appro-
priate by the Secretary, shall submit to Congress—
(1) a report on the progress made in imple-
menting this section; and 
(2) a plan to complete implementation of this 
section. 
SEC. 428. VISA ISSUANCE. 
(a) DEFINITION.—In this subsection, the term 
‘‘consular office’’ has the meaning given that term under
134
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 pro-
vided in subsection (c) of this section, the Secretary—
(1) shall be vested exclusively with all authori-
ties to issue regulations with respect to, administer, 
and enforce the provisions of such Act, and of all 
other immigration and nationality laws, relating to 
the functions of consular officers of the United 
States in connection with the granting or refusal of 
visas, and shall have the authority to refuse visas in 
accordance with law and to develop programs of 
homeland security training for consular officers (in 
addition to consular training provided by the Sec-
retary of State), which authorities shall be exercised 
through the Secretary of State, except that the Sec-
retary 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
135
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 of-
ficer 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 Sec-
retary 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 Immigra-
tion 
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 Con-
vention on Protection of Children and Coopera-
tion in Respect to Inter-Country adoption).
136
(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 Im-
migration and Nationality Act (8 U.S.C. 
1182(a)(3)(B)(i)(VI)). 
(E) Section 212(a)(3)(B)(vi)(II) of the Im-
migration and Nationality Act (8 U.S.C. 
1182(a)(3)(B)(vi)(II)). 
(F) Section 212(a)(3(C) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(3)(C)). 
(G) Section 212(a)(10)(C) of the Immigra-
tion 
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 Immigra-
tion 
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).
137
(L) Section 613 of the Departments of 
Commerce, Justice, and State, the Judiciary 
and Related Agencies Appropriations Act, 1999 
(as contained in section 101(b) of division A of 
Public Law 105–277) (Omnibus Consolidated 
and Emergency Supplemental Appropriations 
Act, 1999); 112 Stat. 2681; H.R. 4328 
(originally H.R. 4276) as amended by section 
617 of Public Law 106–553. 
(M) Section 103(f) of the Chemical Weap-
on Convention Implementation Act of 1998 
(112 Stat. 2681–865). 
(N) Section 801 of H.R. 3427, the Admi-
ral 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 Ap-
propriations 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 MIS-
SIONS.—
138
(1) IN GENERAL.—Nothing in this subsection 
may be construed to alter or affect—
(A) the employment status of consular offi-
cers 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 Im-
migration and Nationality Act (8 U.S.C. 1182(f)), 
consistent with the Secretary of Homeland Secu-
rity’s authority to refuse visas in accordance with 
law. 
(e) ASSIGNMENT OF HOMELAND SECURITY EMPLOY-
EES TO DIPLOMATIC AND CONSULAR POSTS.—
(1) IN GENERAL.—The Secretary is authorized 
to assign employees of the Department to each dip-
lomatic and consular post at which visas are issued, 
unless the Secretary determines that such an assign-
ment at a particular post would not promote home-
land security.
139
(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 Depart-
ment or upon request by a consular officer or 
other person charged with adjudicating such ap-
plications. 
(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 consulta-
tion 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 perform-
ance standards developed by the Secretary for these 
procedures. 
(4) REPORT.—The Secretary shall, on an an-
nual basis, submit a report to Congress that de-
scribes the basis for each determination under para-
140
graph (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 appro-
priate, employees of the Department assigned to per-
form functions described in paragraph (2) may be 
assigned permanently to overseas diplomatic or con-
sular posts with country-specific or regional respon-
sibility. If the Secretary so directs, any such em-
ployee, when present at an overseas post, shall par-
ticipate in the terrorist lookout committee estab-
lished 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 en-
sure, to the extent possible, that any employees 
of the Department assigned to perform func-
tions under paragraph (2) and, as appropriate, 
consular officers, shall be provided the nec-
essary training to enable them to carry out 
such functions, including training in foreign 
languages, interview techniques, and fraud de-
tection techniques, in conditions in the par-
141
ticular country where each employee is as-
signed, 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 ob-
tain 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 pub-
lishes 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 sec-
tion; or 
(B) the date occurring 1 year after the 
date of enactment of this Act.
142
(f) NO CREATION OF PRIVATE RIGHT OF ACTION.—
Nothing in this section shall be construed to create or au-
thorize a private right of action to challenge a decision 
of a consular officer or other United States official or em-
ployee to grant or deny a visa. 
(g) STUDY REGARDING USE OF FOREIGN NATION-
ALS.—
(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 na-
tionals 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 alter-
natives to the use of foreign nationals. 
(2) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary 
shall submit a report containing the findings of the 
study conducted under paragraph (1) to the Com-
mittee on the Judiciary, the Committee on Inter-
national Relations, and the Committee on Govern-
143
ment Reform of the House of Representatives, and 
the Committee on the Judiciary, the Committee on 
Foreign Relations, and the Committee on Govern-
ment 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 pro-
grams in Saudi Arabia shall be terminated. On-site per-
sonnel of the Department of Homeland Security shall re-
view all visa applications prior to adjudication. 
SEC. 429. INFORMATION ON VISA DENIALS REQUIRED TO 
BE ENTERED INTO ELECTRONIC DATA SYS-
TEM. 
(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 En-
hanced Border Security and Visa Entry Reform Act of 
2002 (8 U.S.C. 1722(a)).
144
(b) PROHIBITION.—In the case of any alien with re-
spect 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 elec-
tronic data system, has indicated on the alien’s ap-
plication that the information has been reviewed, 
and has stated for the record why the visa is being 
issued or a waiver of visa ineligibility recommended 
in spite of that information; and 
(2) the alien may not be admitted to the United 
States without a visa issued in accordance with the 
procedures described in paragraph (1). 
SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS. 
(a) IN GENERAL.—The Office for Domestic Pre-
paredness shall be within the Directorate of Border and 
Transportation Security. 
(b) DIRECTOR.—There shall be a Director of the Of-
fice 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 Pre-
paredness shall report directly to the Under Secretary for 
Border and Transportation Security.
145
(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, trib-
al, parish, and private sector emergency response 
providers on all matters pertaining to combating ter-
rorism, including training, exercises, and equipment 
support; 
(2) coordinating or, as appropriate, consoli-
dating communications and systems of communica-
tions relating to homeland security at all levels of 
government; 
(3) directing and supervising terrorism pre-
paredness grant programs of the Federal Govern-
ment (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 pre-
paredness efforts of the Office for Domestic Pre-
paredness; 
(5) providing agency-specific training for agents 
and analysts within the Department, other agencies,
146
and State and local agencies and international enti-
ties; 
(6) as the lead executive branch agency for pre-
paredness 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 Manage-
ment 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
147
for Domestic Preparedness of the Department of Justice 
(transferred under this section) before September 11, 
2001, under the same terms, conditions, policies, and au-
thorities, and with the required level of personnel, assets, 
and budget before September 11, 2001.
Subtitle D—Immigration 
Enforcement Functions 
SEC. 441. TRANSFER OF FUNCTIONS TO UNDER SECRETARY 
FOR BORDER AND TRANSPORTATION SECU-
RITY. 
In accordance with title XV (relating to transition 
provisions), there shall be transferred from the Commis-
sioner 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 pro-
grams, immediately before such transfer occurs: 
(1) The Border Patrol program. 
(2) The detention and removal program. 
(3) The intelligence program. 
(4) The investigations program. 
(5) The inspections program. 
SEC. 442. ESTABLISHMENT OF BUREAU OF BORDER SECU-
RITY. 
(a) ESTABLISHMENT OF BUREAU.—
148
(1) IN GENERAL.—There shall be in the De-
partment 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 Sec-
retary for Border and Transportation Security; 
and 
(B) shall have a minimum of 5 years pro-
fessional 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 per-
forming 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 Bor-
der and Transportation Security; or 
(ii) otherwise vested in the Assistant 
Secretary by law; 
(B) shall oversee the administration of 
such policies; and
149
(C) shall advise the Under Secretary for 
Border and Transportation Security with re-
spect to any policy or operation of the Bureau 
of Border Security that may affect the Bureau 
of Citizenship and Immigration Services estab-
lished under subtitle E, including potentially 
conflicting policies or operations.
(4) PROGRAM TO COLLECT INFORMATION RE-
LATING
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 stu-
dents and other exchange program participants de-
scribed in section 641 of the Illegal Immigration Re-
form 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 func-
tions specified under section 441 takes effect, 
the Assistant Secretary of the Bureau of Bor-
der Security shall design and implement a man-
150
agerial rotation program under which employees 
of such bureau holding positions involving su-
pervisory or managerial responsibility and clas-
sified, in accordance with chapter 51 of title 5, 
United States Code, as a GS–14 or above, 
shall—
(i) gain some experience in all the 
major functions performed by such bureau; 
and 
(ii) work in at least one local office of 
such bureau. 
(B) REPORT.—Not later than 2 years after 
the date on which the transfer of functions 
specified under section 441 takes effect, the 
Secretary shall submit a report to the Congress 
on the implementation of such program. 
(b) CHIEF OF POLICY AND STRATEGY.—
(1) IN GENERAL.—There shall be a position of 
Chief of Policy and Strategy for the Bureau of Bor-
der Security. 
(2) FUNCTIONS.—In consultation with Bureau 
of Border Security personnel in local offices, the 
Chief of Policy and Strategy shall be responsible 
for—
151
(A) making policy recommendations and 
performing policy research and analysis on im-
migration enforcement issues; and 
(B) coordinating immigration policy issues 
with the Chief of Policy and Strategy for the 
Bureau of Citizenship and Immigration Services 
(established under subtitle E), as appropriate. 
(c) LEGAL ADVISOR.—There shall be a principal legal 
advisor to the Assistant Secretary of the Bureau of Border 
Security. The legal advisor shall provide specialized legal 
advice to the Assistant Secretary of the Bureau of Border 
Security and shall represent the bureau in all exclusion, 
deportation, and removal proceedings before the Executive 
Office for Immigration Review. 
SEC. 443. PROFESSIONAL RESPONSIBILITY AND QUALITY 
REVIEW. 
The Under Secretary for Border and Transportation 
Security shall be responsible for—
(1) conducting investigations of noncriminal al-
legations of misconduct, corruption, and fraud in-
volving any employee of the Bureau of Border Secu-
rity that are not subject to investigation by the In-
spector General for the Department; 
(2) inspecting the operations of the Bureau of 
Border Security and providing assessments of the
152
quality of the operations of such bureau as a whole 
and each of its components; and 
(3) providing an analysis of the management of 
the Bureau of Border Security. 
SEC. 444. EMPLOYEE DISCIPLINE. 
The Under Secretary for Border and Transportation 
Security may, notwithstanding any other provision of law, 
impose disciplinary action, including termination of em-
ployment, pursuant to policies and procedures applicable 
to employees of the Federal Bureau of Investigation, on 
any employee of the Bureau of Border Security who will-
fully deceives the Congress or agency leadership on any 
matter. 
SEC. 445. REPORT ON IMPROVING ENFORCEMENT FUNC-
TIONS. 
(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 Na-
tionality Act (8 U.S.C. 1101 et seq.) relating to such func-
tions.
153
(b) CONSULTATION.—In carrying out subsection (a), 
the Secretary of Homeland Security shall consult with the 
Attorney General, the Secretary of State, the Director of 
the Federal Bureau of Investigation, the Secretary of the 
Treasury, the Secretary of Labor, the Commissioner of 
Social Security, the Director of the Executive Office for 
Immigration Review, and the heads of State and local law 
enforcement agencies to determine how to most effectively 
conduct enforcement operations. 
SEC. 446. SENSE OF CONGRESS REGARDING CONSTRUC-
TION OF FENCING NEAR SAN DIEGO, CALI-
FORNIA. 
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 De-
partment a bureau to be known as the ‘‘Bureau of 
Citizenship and Immigration Services’’.
154
(2) DIRECTOR.—The head of the Bureau of 
Citizenship and Immigration Services shall be the 
Director of the Bureau of Citizenship and Immigra-
tion Services, who—
(A) shall report directly to the Deputy Sec-
retary; 
(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 per-
forming 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 con-
flicting policies or operations;
155
(D) shall establish national immigration 
services policies and priorities; 
(E) shall meet regularly with the Ombuds-
man 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 sub-
mitted 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 imple-
ment a managerial rotation program under 
which employees of such bureau holding posi-
tions involving supervisory or managerial re-
sponsibility 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
156
(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
ELIMI-
NATION.—The Director of the Bureau of Citizenship 
and Immigration Services is authorized to implement 
innovative pilot initiatives to eliminate any remain-
ing backlog in the processing of immigration benefit 
applications, and to prevent any backlog in the proc-
essing of such applications from recurring, in ac-
cordance with section 204(a) of the Immigration 
Services and Infrastructure Improvements Act of 
2000 (8 U.S.C. 1573(a)). Such initiatives may in-
clude measures such as increasing personnel, trans-
ferring personnel to focus on areas with the largest 
potential for backlog, and streamlining paperwork. 
(b) TRANSFER
OF
FUNCTIONS
FROM
COMMIS-
SIONER.—There are transferred from the Commissioner 
of Immigration and Naturalization to the Director of the 
Bureau of Citizenship and Immigration Services the fol-
lowing functions, and all personnel, infrastructure, and 
funding provided to the Commissioner in support of such
157
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 appli-
cations. 
(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 Citi-
zenship 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 im-
migration 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.—
158
(1) IN GENERAL.—There shall be a principal 
legal advisor to the Director of the Bureau of Citi-
zenship and Immigration Services. 
(2) FUNCTIONS.—The legal advisor shall be re-
sponsible for—
(A) providing specialized legal advice, opin-
ions, determinations, regulations, and any other 
assistance to the Director of the Bureau of Citi-
zenship and Immigration Services with respect 
to legal matters affecting the Bureau of Citi-
zenship and Immigration Services; and 
(B) representing the Bureau of Citizenship 
and Immigration Services in visa petition ap-
peal proceedings before the Executive Office for 
Immigration Review. 
(e) BUDGET OFFICER.—
(1) IN GENERAL.—There shall be a Budget Of-
ficer 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;
159
(ii) financial management of the Bu-
reau of Citizenship and Immigration Serv-
ices; 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 Immi-
gration Services shall be responsible for promoting 
instruction and training on citizenship responsibil-
ities for aliens interested in becoming naturalized 
citizens of the United States, including the develop-
ment of educational materials. 
SEC. 452. CITIZENSHIP AND IMMIGRATION SERVICES OM-
BUDSMAN. 
(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 back-
ground in customer service as well as immigration law.
160
(b) FUNCTIONS.—It shall be the function of the Om-
budsman—
(1) to assist individuals and employers in re-
solving 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 Citi-
zenship and Immigration Services to mitigate prob-
lems 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 be-
ginning in such calendar year. Any such report shall 
contain full and substantive analysis, in addition to 
statistical information, and—
(A) shall identify the recommendations the 
Office of the Ombudsman has made on improv-
ing services and responsiveness of the Bureau 
of Citizenship and Immigration Services;
161
(B) shall contain a summary of the most 
pervasive and serious problems encountered by 
individuals and employers, including a descrip-
tion 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 dur-
ing which each item has remained on such in-
ventory, the reasons for the inaction, and shall 
identify any official of the Bureau of Citizen-
ship and Immigration Services who is respon-
sible for such inaction; 
(F) shall contain recommendations for 
such administrative action as may be appro-
priate to resolve problems encountered by indi-
viduals and employers, including problems cre-
162
ated 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 amend-
ment from the Secretary, Deputy Secretary, Direc-
tor of the Bureau of Citizenship and Immigration 
Services, or any other officer or employee of the De-
partment 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 Citizen-
ship and Immigration Services outlining the criteria 
for referral of inquiries to local offices of the Om-
budsman; 
(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
163
(4) shall meet regularly with the Director of the 
Bureau of Citizenship and Immigration Services to 
identify serious service problems and to present rec-
ommendations for such administrative action as may 
be appropriate to resolve problems encountered by 
individuals and employers. 
(e) PERSONNEL ACTIONS.—
(1) IN GENERAL.—The Ombudsman shall have 
the responsibility and authority—
(A) to appoint local ombudsmen and make 
available at least 1 such ombudsman for each 
State; and 
(B) to evaluate and take personnel actions 
(including dismissal) with respect to any em-
ployee 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 Bu-
reau of Citizenship and Immigration Services shall estab-
lish procedures requiring a formal response to all rec-
164
ommendations submitted to such director by the Ombuds-
man 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 su-
pervisory personnel of the Bureau of Citizen-
ship and Immigration Services regarding the 
daily operation of the local office of such om-
budsman; 
(C) shall, at the initial meeting with any 
individual or employer seeking the assistance of 
such local office, notify such individual or em-
ployer that the local offices of the Ombudsman 
operate independently of any other component 
of the Department and report directly to Con-
gress 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 indi-
vidual or employer. 
(2) MAINTENANCE OF INDEPENDENT COMMU-
NICATIONS.—Each local office of the Ombudsman
165
shall maintain a phone, facsimile, and other means 
of electronic communication access, and a post office 
address, that is separate from those maintained by 
the Bureau of Citizenship and Immigration Services, 
or any component of the Bureau of Citizenship and 
Immigration Services. 
SEC. 453. PROFESSIONAL RESPONSIBILITY AND QUALITY 
REVIEW. 
(a) IN GENERAL.—The Director of the Bureau of 
Citizenship and Immigration Services shall be responsible 
for—
(1) conducting investigations of noncriminal al-
legations of misconduct, corruption, and fraud in-
volving any employee of the Bureau of Citizenship 
and Immigration Services that are not subject to in-
vestigation by the Inspector General for the Depart-
ment; 
(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 assess-
ments in accordance with subsection (a)(2) with respect
166
to a decision of the Bureau of Citizenship and Immigra-
tion Services, or any of its components, consideration shall 
be given to—
(1) the accuracy of the findings of fact and con-
clusions of law used in rendering the decision; 
(2) any fraud or misrepresentation associated 
with the decision; and 
(3) the efficiency with which the decision was 
rendered. 
SEC. 454. EMPLOYEE DISCIPLINE. 
The Director of the Bureau of Citizenship and Immi-
gration Services may, notwithstanding any other provision 
of law, impose disciplinary action, including termination 
of employment, pursuant to policies and procedures appli-
cable to employees of the Federal Bureau of Investigation, 
on any employee of the Bureau of Citizenship and Immi-
gration Services who willfully deceives Congress or agency 
leadership on any matter. 
SEC. 455. EFFECTIVE DATE. 
Notwithstanding section 4, sections 451 through 456, 
and the amendments made by such sections, shall take ef-
fect on the date on which the transfer of functions speci-
fied under section 441 takes effect.
167
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 docu-
ment 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 per-
formance of the function immediately before the ef-
fective date specified in section 455. 
(2) TRANSFER
AND
ALLOCATION
OF
APPRO-
PRIATIONS AND PERSONNEL.—The personnel of the
168
Department of Justice employed in connection with 
the functions transferred by this subtitle (and func-
tions that the Secretary determines are properly re-
lated to the functions of the Bureau of Citizenship 
and Immigration Services), and the assets, liabilities, 
contracts, property, records, and unexpended bal-
ance of appropriations, authorizations, allocations, 
and other funds employed, held, used, arising from, 
available to, or to be made available to, the Immi-
gration and Naturalization Service in connection 
with the functions transferred by this subtitle, sub-
ject to section 202 of the Budget and Accounting 
Procedures Act of 1950, shall be transferred to the 
Director of the Bureau of Citizenship and Immigra-
tion Services for allocation to the appropriate com-
ponent of the Department. Unexpended funds trans-
ferred 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.
169
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 in-
serting ‘‘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 insert-
ing ‘‘1 year after the date of the enactment of the Home-
land Security Act of 2002;’’. 
SEC. 459. REPORT ON IMPROVING IMMIGRATION SERVICES. 
(a) IN GENERAL.—The Secretary, not later than 1 
year after the effective date of this Act, shall submit to 
the Committees on the Judiciary and Appropriations of 
the House of Representatives and of the Senate a report 
with a plan detailing how the Bureau of Citizenship and 
Immigration Services, after the transfer of functions spec-
ified in this subtitle takes effect, will complete efficiently, 
fairly, and within a reasonable time, the adjudications de-
scribed 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
170
and Immigration Services, the report shall include the fol-
lowing: 
(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 advis-
able. 
(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 Bu-
reau of Border Security of the Department, and the Direc-
tor of the Executive Office for Immigration Review to de-
termine how to streamline and improve the process for ap-
plying for and making adjudications described in section 
451(b) and related processes. 
SEC. 460. REPORT ON RESPONDING TO FLUCTUATING 
NEEDS. 
Not later than 30 days after the date of the enact-
ment 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 Natu-
171
ralization Service, and, after the transfer of functions 
specified in this subtitle takes effect, the Bureau of Citi-
zenship and Immigration Services of the Department, to 
ensure a prompt and timely response to emergent, unfore-
seen, or impending changes in the number of applications 
for immigration benefits, and otherwise to ensure the ac-
commodation of changing immigration service needs. 
SEC. 
461. 
APPLICATION 
OF 
INTERNET-BASED 
TECH-
NOLOGIES. 
(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 estab-
lish 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 on-
line information about the processing status of the filing 
involved. 
(b) FEASIBILITY STUDY FOR ONLINE FILING AND 
IMPROVED PROCESSING.—
(1) ONLINE
FILING.—The Secretary, in con-
sultation with the Technology Advisory Committee 
established under subsection (c), shall conduct a fea-
sibility study on the online filing of the filings de-
172
scribed in subsection (a). The study shall include a 
review of computerization and technology of the Im-
migration 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 con-
sider other factors in implementing such a filing sys-
tem, 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 es-
tablish, not later than 60 days after the effective 
date of this Act, an advisory committee (in this sec-
tion referred to as the ‘‘Technology Advisory Com-
mittee’’) 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 estab-
lished after consultation with the Committees on the
173
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 estab-
lishing and implementing the system in an expedi-
tious manner, and representatives of persons who 
may use the tracking system described in subsection 
(a) and the online filing system described in sub-
section (b)(1).
SEC. 462. CHILDREN’S AFFAIRS. 
(a) TRANSFER OF FUNCTIONS.—There are trans-
ferred to the Director of the Office of Refugee Resettle-
ment 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 Com-
missioner of Immigration and Naturalization (or any offi-
cer, employee, or component of the Immigration and Nat-
uralization 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—
174
(A) coordinating and implementing the 
care and placement of unaccompanied alien 
children who are in Federal custody by reason 
of their immigration status, including devel-
oping 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 deter-
minations; 
(E) implementing policies with respect to 
the care and placement of unaccompanied alien 
children;
175
(F) identifying a sufficient number of 
qualified individuals, entities, and facilities to 
house unaccompanied alien children; 
(G) overseeing the infrastructure and per-
sonnel of facilities in which unaccompanied 
alien children reside; 
(H) reuniting unaccompanied alien chil-
dren with a parent abroad in appropriate cases; 
(I) compiling, updating, and publishing at 
least annually a state-by-state list of profes-
sionals 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 re-
sponsible, 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;
176
(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 expla-
nation 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 in-
formation from the Department of Justice, the 
Department of Homeland Security, and the De-
partment of State on each department’s actions 
relating to unaccompanied alien children; and 
(L) conducting investigations and inspec-
tions of facilities and other entities in which un-
accompanied alien children reside. 
(2) COORDINATION WITH OTHER ENTITIES; NO 
RELEASE ON OWN RECOGNIZANCE.—In making de-
terminations described in paragraph (1)(C), the Di-
rector of the Office of Refugee Resettlement—
(A) shall consult with appropriate juvenile 
justice professionals, the Director of the Bureau 
of Citizenship and Immigration Services, and 
the Assistant Secretary of the Bureau of Bor-
177
der Security to ensure that such determinations 
ensure that unaccompanied alien children de-
scribed in such subparagraph—
(i) are likely to appear for all hearings 
or proceedings in which they are involved; 
(ii) are protected from smugglers, 
traffickers, or others who might seek to 
victimize or otherwise engage them in 
criminal, harmful, or exploitive activity; 
and 
(iii) are placed in a setting in which 
they not likely to pose a danger to them-
selves 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 Reset-
tlement 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 unaccom-
panied alien children. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to transfer the responsibility for
178
adjudicating benefit determinations under the Immigra-
tion 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 ef-
fect. 
(e) REFERENCES.—With respect to any function 
transferred by this section, any reference in any other 
Federal law, Executive order, rule, regulation, or delega-
tion 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 Reset-
tlement; 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,
179
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 per-
formance of the function immediately before the ef-
fective 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 Se-
curity. 
(3) TRANSFER
AND
ALLOCATION
OF
APPRO-
PRIATIONS AND PERSONNEL.—The personnel of the 
Department of Justice employed in connection with 
the functions transferred by this section, and the as-
sets, liabilities, contracts, property, records, and un-
expended 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 con-
nection with the functions transferred by this sec-
tion, subject to section 202 of the Budget and Ac-
counting Procedures Act of 1950, shall be trans-
ferred to the Director of the Office of Refugee Re-
180
settlement for allocation to the appropriate compo-
nent of the Department of Health and Human Serv-
ices. Unexpended funds transferred pursuant to this 
paragraph shall be used only for the purposes for 
which the funds were originally authorized and ap-
propriated. 
(g) DEFINITIONS.—As used in this section—
(1) the term ‘‘placement’’ means the placement 
of an unaccompanied alien child in either a deten-
tion 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 guard-
ian in the United States; or 
(ii) no parent or legal guardian in the 
United States is available to provide care 
and physical custody.