HR 5005 PCS
thorization Act for Fiscal Year 2002 (Public Law
107–107; 115 Stat. 1199)) established jointly by the
Secretary of Defense and the Director of Central In-
telligence; and
(4) the Secretary shall ensure that any material
received pursuant to this section is protected from
unauthorized disclosure and handled and used only
for the performance of official duties, and that any
intelligence information shared under this section
shall be transmitted, retained, and disseminated con-
sistent with the authority of the Director of Central
Intelligence to protect intelligence sources and meth-
ods under the National Security Act and related pro-
cedures or, as appropriate, similar authorities of the
Attorney General concerning sensitive law enforce-
ment information.
SEC. 204. PROCEDURES FOR SHARING INFORMATION.
The Secretary shall establish procedures on the use
of information shared under this title that—
(1) limit the redissemination of such informa-
tion to ensure that it is not used for an unauthor-
ized purpose;
(2) ensure the security and confidentiality of
such information;
HR 5005 PCS
(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. 205. PRIVACY OFFICER.
The Secretary shall appoint a senior official in the
Department to assume primary responsibility for privacy
policy, including—
(1) assuring that the use of 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-
HR 5005 PCS
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.
SEC. 206. FEDERAL CYBERSECURITY PROGRAM.
(a) IN GENERAL.—The Secretary, acting through the
Under Secretary for Information Analysis and Infrastruc-
ture Protection, shall establish and manage a program to
improve the security of Federal critical information sys-
tems, including carrying out responsibilities under para-
graphs (2) and (3) of section 201 that relate to such sys-
tems.
(b) DUTIES.—The duties of the Secretary under sub-
section (a) are—
(1) to evaluate the increased use by civilian ex-
ecutive agencies of techniques and tools to enhance
the security of Federal critical information systems,
including, as appropriate, consideration of cryptog-
raphy;
(2) to provide assistance to civilian executive
agencies in protecting the security of Federal critical
HR 5005 PCS
information systems, including identification of sig-
nificant risks to such systems; and
(3) to coordinate research and development for
critical information systems relating to supervisory
control and data acquisition systems, including, as
appropriate, the establishment of a test bed.
(c) FEDERAL
INFORMATION
SYSTEM
SECURITY
TEAM.—
(1) IN GENERAL.—In carrying out subsection
(b)(2), the Secretary shall establish, manage, and
support a Federal information system security team
whose purpose is to provide technical expertise to ci-
vilian executive agencies to assist such agencies in
securing Federal critical information systems by con-
ducting information security audits of such systems,
including conducting tests of the effectiveness of in-
formation security control techniques and per-
forming logical access control tests of interconnected
computer systems and networks, and related vulner-
ability assessment techniques.
(2) TEAM MEMBERS.—The Secretary shall en-
sure that the team under paragraph (1) includes
technical experts and auditors, computer scientists,
and computer forensics analysts whose technical
HR 5005 PCS
competence enables the team to conduct audits
under such paragraph.
(3) AGENCY
AGREEMENTS
REGARDING
AU-
DITS.—Each civilian executive agency may enter into
an agreement with the team under paragraph (1) for
the conduct of audits under such paragraph of the
Federal critical information systems of the agency.
Such agreement shall establish the terms of the
audit and shall include provisions to minimize the
extent to which the audit disrupts the operations of
the agency.
(4) REPORTS.—Promptly after completing an
audit under paragraph (1) of a civilian executive
agency, the team under such paragraph shall pre-
pare a report summarizing the findings of the audit
and making recommendations for corrective action.
Such report shall be submitted to the Secretary, the
head of such agency, and the Inspector General of
the agency (if any), and upon request of any con-
gressional committee with jurisdiction over such
agency, to such committee.
(d) DEFINITION.—For purposes of this section, the
term ‘‘Federal critical information system’’ means an ‘‘in-
formation system’’ as defined in section 3502 of title 44,
United States Code, that—
HR 5005 PCS
(1) is, or is a component of, a key resource or
critical infrastructure;
(2) is used or operated by a civilian executive
agency or by a contractor of such an agency; and
(3) does not include any national security sys-
tem as defined in section 5142 of the Clinger-Cohen
Act of 1996.
SEC. 
207. 
ENHANCEMENT 
OF 
NON-FEDERAL
CYBERSECURITY.
In carrying out the responsibilities under section 201,
the Under Secretary for Information Analysis and Infra-
structure Protection shall—
(1) as appropriate, provide to State and local
government entities, and upon request to private
entitites that own or operate critical information
systems—
(A) analysis and warnings related to
threats to, and vulnerabilities of, critical infor-
mation systems; and
(B) in coordination with the Under Sec-
retary for Emergency Preparedness and Re-
sponse, crisis management support in response
to threats to, or attacks on, critical information
systems; and
HR 5005 PCS
(2) as appropriate, provide technical assistance,
upon request, to the private sector and other govern-
ment entities, in coordination with the Under Sec-
retary for Emergency Preparedness and Response,
with respect to emergency recovery plans to respond
to major failures of critical information systems.
SEC. 208. INFORMATION SECURITY.
In carrying out the responsibilities under section 201,
the Under Secretary for Information Analysis and Infra-
structure Protection shall—
(1) as appropriate, provide to State and local
government entities, and, upon request, to private
entities that own or operate critical information
systems—
(A) analysis and warnings related to
threats to, and vulnerabilities of, critical infor-
mation systems; and
(B) in coordination with the Under Sec-
retary for Emergency Preparedness and Re-
sponse, crisis management support in response
to threats to, or attacks on, critical information
systems; and
(2) as appropriate, provide technical assistance,
upon request, to the private sector and with other
government entities, in coordination with the Under
HR 5005 PCS
Secretary for Emergency Preparedness and Re-
sponse, with respect to emergency recovery plans to
respond to major failures of critical information sys-
tems.
Subtitle B—Intelligence Analysis
Center
SEC. 211. INTELLIGENCE ANALYSIS CENTER.
(a) ESTABLISHMENT; NFIP AGENCY.—(1) There is
established within the Department the Intelligence Anal-
ysis Center. The Under Secretary for Information Anal-
ysis and Infrastructure Protection shall be the head of the
Intelligence Analysis Center.
(2) The Intelligence Analysis Center is a program of
the intelligence community for purposes of the National
Foreign Intelligence Program (as defined in section 3(6)
of the National Security Act of 1947 (50 U.S.C.
401a(6))).
(b) FUNCTIONS.—The Under Secretary for Informa-
tion Analysis and Infrastructure Protection, through the
Intelligence Analysis Center, shall carry out the duties
specified in paragraphs (1), (2), (3), (6), and (7) of section
201(b).
(c) DETAIL OF CERTAIN PERSONNEL.—
(1) IN GENERAL.—The Secretary and the Di-
rector of Central Intelligence, the Secretary of De-
HR 5005 PCS
fense, the Attorney General, the Secretary of State,
or the head of another agency or department as the
case may be, shall enter into cooperative arrange-
ments to provide for an appropriate number of indi-
viduals to be detailed to the Under Secretary to per-
form analytical functions and duties with respect to
the mission of the Department from the following
agencies:
(A) The Central Intelligence Agency.
(B) The Federal Bureau of Investigation.
(C) The National Security Agency.
(D) The National Imagery and Mapping
Agency.
(E) The Department of State.
(F) The Defense Intelligence Agency.
(G) Any other agency or department that
the President determines appropriate.
(2) TERMS
OF
DETAIL.—Any officer or em-
ployee of the United States or a member of the
Armed Forces who is detailed to the Under Sec-
retary under paragraph (1) shall be detailed on a re-
imbursable basis for a period of less than two years
for the performance of temporary functions as re-
quired by the Under Secretary.
HR 5005 PCS
(d) INCLUSION OF OFFICE OF INTELLIGENCE AS AN
ELEMENT OF THE INTELLIGENCE COMMUNITY.—Section
3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)) is amended—
(1) by striking ‘‘and’’ at the end of 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 Intelligence Analysis Center of the
Department of Homeland Security; and’’.
SEC. 212. MISSION OF THE INTELLIGENCE ANALYSIS CEN-
TER.
(a) IN GENERAL.—The mission of the Intelligence
Analysis Center is as follows:
(1) ANALYSIS AND PRODUCTION.—
(A) Correlating and evaluating information
and intelligence related to the mission of the
Department collected from all sources available.
(B) Producing all-source collaborative in-
telligence analysis, warnings, tactical assess-
ments, and strategic assessments of the ter-
rorist threat and infrastructure vulnerabilities
of the United States.
HR 5005 PCS
(C) Providing appropriate dissemination of
such assessments.
(D) Improving the lines of communication
with respect to homeland security between the
Federal Government and State and local public
safety agencies and the private sector through
the timely dissemination of information per-
taining to threats of acts of terrorism against
the United States.
(2) COORDINATION OF INFORMATION.—Coordi-
nating with elements of the intelligence community
and with Federal, State, and local law enforcement
agencies, and the private sector as appropriate.
(3) ADDITIONAL
DUTIES.—Performing such
other functions as the Secretary may direct.
(b) STRATEGIC AND TACTICAL MISSIONS OF THE IN-
TELLIGENCE ANALYSIS CENTER.—The Under Secretary
shall conduct strategic and tactical assessments and warn-
ings through the Intelligence Analysis Center, including
research, analysis, and the production of assessments on
the following as they relate to the mission of the Depart-
ment:
(1) Domestic terrorism.
(2) International terrorism.
(3) Counterintelligence.
HR 5005 PCS
(4) Transnational crime.
(5) Proliferation of weapons of mass destruc-
tion.
(6) Illicit financing of terrorist activities.
(7) Cybersecurity and cybercrime.
(8) Key resources and critical infrastructures.
(c) STAFFING
OF
THE INTELLIGENCE ANALYSIS
CENTER.—
(1) FUNCTIONS TRANSFERRED.—In accordance
with title VIII, for purposes of carrying out this
title, there is transferred to the Under Secretary the
functions, personnel, assets, and liabilities of the fol-
lowing entities:
(A) The National Infrastructure Protection
Center of the Federal Bureau of Investigation
(other than the Computer Investigations and
Operations Section).
(B) The Critical Infrastructure Assurance
Office of the Department of Commerce.
(C) The Federal Computer Incident Re-
sponse Center of the General Services Adminis-
tration.
(D) The National Infrastructure Simula-
tion and Analysis Center of the Department of
Energy.
HR 5005 PCS
nities to respond and recover from attacks on information
systems and communications networks.
TITLE III—SCIENCE AND
TECHNOLOGY
SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECH-
NOLOGY.
The Secretary, acting through the Under Secretary
for Science and Technology, shall have responsibility for—
(1) 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;
(2) 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;
HR 5005 PCS
(C) for interoperability of communications
systems for emergency response providers;
(7) ensuring that the research, development,
demonstration, testing, and evaluation activities of
the Department are aligned with the Department’s
procurement needs;
(8) facilitating the deployment of technology
that will serve to enhance homeland security; and
(9) 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. 302. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be trans-
ferred to the Secretary the functions, personnel, assets,
and obligations of the following:
(1) Programs and activities of the Department
of Energy, including the functions of the Secretary
of Energy relating thereto (but not including pro-
grams and activities relating to the strategic nuclear
defense posture of the United States), as follows:
(A) The programs and activities relating to
chemical and biological national security, and
supporting programs and activities directly re-
HR 5005 PCS
lated to homeland security, of the non-prolifera-
tion and verification research and development
program.
(B) The programs and activities relating to
nuclear smuggling, and other programs and ac-
tivities directly related to homeland security,
within the proliferation detection program of
the non-proliferation and verification research
and development program.
(C) Those aspects of the nuclear assess-
ment program of the international materials
protection and cooperation program that are di-
rectly related to homeland security.
(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 and that are directly related to home-
land security.
(E) The Environmental Measurements
Laboratory.
(F) The advanced scientific computing re-
search program and activities at Lawrence
Livermore National Laboratory.
HR 5005 PCS
(2) The homeland security projects within the
Chemical Biological Defense Program of the Depart-
ment of Defense known as the Biological Defense
Homeland Security Support Program and the Bio-
logical Counter-Terrorism Research Program.
SEC. 303. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED
ACTIVITIES.
With respect to civilian human health-related re-
search and development activities relating to counter-
measures for chemical, biological, radiological, and nuclear
and other emerging terrorist threats carried out by the
Department of Health and Human Services (including the
Public Health Service), the Secretary of Health and
Human Services shall set priorities, goals, objectives, and
policies and develop a coordinated strategy for such activi-
ties in collaboration with the Secretary of Homeland Secu-
rity to ensure consistency with the national policy and
strategic plan developed pursuant to section 301(1).
SEC. 304. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTER.
The Secretary, acting through the Under Secretary
for Science and Technology, shall have the authority to
establish or contract with one or more federally funded
research and development centers to provide independent
analysis of homeland security issues, or to carry out other
HR 5005 PCS
responsibilities under this Act, including coordinating and
integrating both the extramural and intramural programs
described in section 307.
SEC. 305. MISCELLANEOUS PROVISIONS.
(a) CLASSIFICATION.—To the greatest extent 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 302(1)(D) of this
Act, the President shall notify the appropriate congres-
sional committees of the proposed transfer and shall in-
HR 5005 PCS
clude the reasons for the transfer and a description of the
effect of the transfer on the activities of the Department
of Energy.
SEC. 306. HOMELAND SECURITY SCIENCE AND TECH-
NOLOGY COORDINATION COUNCIL.
(a) ESTABLISHMENT AND COMPOSITION.—There is
established within the Department a Homeland Security
Science and Technology Coordination Council (in this sec-
tion referred to as the ‘‘Coordination Council’’). The Co-
ordination Council shall be composed of all the Under Sec-
retaries of the Department and any other Department of-
ficials designated by the Secretary, and shall be chaired
by the Under Secretary for Science and Technology. The
Coordination Council shall meet at the call of the chair.
(b) RESPONSIBILITIES.—The Coordination Council
shall—
(1) establish priorities for research, develop-
ment, demonstration, testing, and evaluation activi-
ties conducted or supported by the Department;
(2) ensure that the priorities established under
paragraph (1) reflect the acquisition needs of the
Department; and
(3) assist the Under Secretary for Science and
Technology in carrying out his responsibilities under
section 301(4).
HR 5005 PCS
SEC. 307. 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 301(3) through both
extramural and intramural programs.
(b) EXTRAMURAL PROGRAMS.—(1) The Secretary,
acting through the Under Secretary for Science and Tech-
nology, shall operate extramural research, development,
demonstration, testing, and evaluation programs so as
to—
(A) ensure that colleges, universities, private re-
search institutes, and companies (and consortia
thereof) from as many areas of the United States as
practicable participate;
(B) ensure that the research funded is of high
quality, as determined through merit review proc-
esses developed under section 301(10); and
(C) distribute funds through grants, cooperative
agreements, and contracts through competitions that
are as open as possible.
(2)(A) The Secretary, acting through the Under Sec-
retary 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 pur-
pose of this center or centers shall be to establish a coordi-
HR 5005 PCS
nated, university-based system to enhance the Nation’s
homeland security.
(B) In selecting colleges or universities as centers for
homeland security, the Secretary shall consider the fol-
lowing criteria:
(i) Demonstrated expertise in the training of
first responders.
(ii) Demonstrated expertise in responding to in-
cidents involving weapons of mass destruction and
biological warfare.
(iii) Demonstrated expertise in emergency med-
ical services.
(iv) Demonstrated expertise in chemical, bio-
logical, radiological, and nuclear countermeasures.
(v) Strong affiliations with animal and plant di-
agnostic laboratories.
(vi) Demonstrated expertise in food safety.
(vii) Affiliation with Department of Agriculture
laboratories or training centers.
(viii) Demonstrated expertise in water and
wastewater operations.
(ix) Demonstrated expertise in port and water-
way security.
(x) Demonstrated expertise in multi-modal
transportation.
HR 5005 PCS
(xi) Nationally recognized programs in informa-
tion security.
(xii) Nationally recognized programs in engi-
neering.
(xiii) Demonstrated expertise in educational
outreach and technical assistance.
(xiv) Demonstrated expertise in border trans-
portation and security.
(xv) Demonstrated expertise in interdisciplinary
public policy research and communication outreach
regarding science, technology, and public policy.
(C) The Secretary shall have the discretion to estab-
lish such centers and to consider additional criteria as nec-
essary to meet the evolving needs of homeland security
and shall report to Congress concerning the implementa-
tion of this paragraph as necessary.
(D) There are authorized to be appropriated such
sums as may be necessary to carry out this paragraph.
(c) INTRAMURAL PROGRAMS.—(1) In carrying out
the duties under section 301, the Secretary, acting
through the Under Secretary for Science and Technology,
may draw upon the expertise of any laboratory of the Fed-
eral Government, whether operated by a contractor or the
Government.
HR 5005 PCS
(2) The Secretary, acting through the Under Sec-
retary for Science and Technology, may establish a head-
quarters laboratory for the Department at any national
laboratory and may establish additional laboratory units
at other national laboratories.
(3) If the Secretary chooses to establish a 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 Na-
tional Academy of Sciences, appropriate Federal
agencies, and other experts.
(B) Publish the criteria in the Federal Register.
(C) Evaluate all appropriate national labora-
tories against the criteria.
(D) Select a national laboratory on the basis of
the criteria.
(E) Report to the appropriate congressional
committees on which laboratory was selected, how
the selected laboratory meets the published criteria,
and what duties the headquarters laboratory shall
perform.
(4) No laboratory shall begin operating as the head-
quarters laboratory of the Department until at least 30
HR 5005 PCS
days after the transmittal of the report required by para-
graph (3)(E).
SEC. 308. TRANSFER OF PLUM ISLAND ANIMAL DISEASE
CENTER, DEPARTMENT OF AGRICULTURE.
(a) TRANSFER REQUIRED.—In accordance with title
VIII, the Secretary of Agriculture shall transfer to the
Secretary of Homeland Security the Plum Island Animal
Disease Center of the Department of Agriculture, includ-
ing the assets and liabilities of the Center.
(b) CONTINUED DEPARTMENT OF AGRICULTURE AC-
CESS.—Upon the transfer of the Plum Island Animal Dis-
ease Center, the Secretary of Homeland Security and the
Secretary of Agriculture shall enter into an agreement to
ensure Department of Agriculture access to the center for
research, diagnostic, and other activities of the Depart-
ment of Agriculture.
(c) NOTIFICATION.—At least 180 days before any
change in the biosafety level at the facility described in
subsection (a), the President shall notify the Congress of
the change and describe the reasons therefor. No such
change may be made until at least 180 days after the com-
pletion of the transition period defined in section 801(2).
HR 5005 PCS
SEC. 309. 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-
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
Committee—
(A) shall be eminent in fields such as
emergency response, research, engineering, new
product development, business, and manage-
ment consulting;
HR 5005 PCS
(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).
(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 one year, one a term of
two years, and the other a term of three years.
HR 5005 PCS
(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 one-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.
(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 one
of its members has a conflict of interest in a matter being
considered by the Advisory Committee.
(h) REPORTS.—
HR 5005 PCS
(1) ANNUAL
REPORT.—The Advisory Com-
mittee shall render an annual report to the Under
Secretary for Science and Technology for transmittal
to the Congress on or before January 31 of each
year. Such report shall describe the activities and
recommendations of the Advisory Committee during
the previous year.
(2) 
ADDITIONAL
REPORTS.—The 
Advisory
Committee may render to the Under Secretary for
transmittal to the Congress such additional reports
on specific policy matters as it considers appro-
priate.
(i) FACA EXEMPTION.—Section 14 of the Federal
Advisory Committee Act shall not apply to the Advisory
Committee.
SEC. 310. 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:
HR 5005 PCS
(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
vulnerabiblities.
(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.
(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.
HR 5005 PCS
(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, and non-
profit institutions.
(e) ANNUAL REPORTS.—The Institute shall transmit
to the Secretary and the Congress an annual report on
the activities of the Institute under this section.
SEC. 311. 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:
HR 5005 PCS
(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-
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.
HR 5005 PCS
(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-
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).
HR 5005 PCS
TITLE IV—BORDER AND
TRANSPORTATION SECURITY
Subtitle A—General Provisions
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANS-
PORTATION SECURITY.
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 governmental activi-
ties 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 411 takes effect.
(4) Establishing and administering rules, in ac-
cordance with section 403, governing the granting of
visas or other forms of permission, including parole,
HR 5005 PCS
to enter the United States to individuals who are not
a citizen or an alien lawfully admitted for permanent
residence in the United States.
(5) Except as provided in subtitle C, admin-
istering the customs laws of the United States.
(6) Conducting the inspection and related ad-
ministrative functions of the Department of Agri-
culture transferred to the Secretary of Homeland
Security under section 404.
(7) In carrying out the foregoing responsibil-
ities, ensuring the speedy, orderly, and efficient flow
of lawful traffic and commerce.
SEC. 402. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be trans-
ferred to the Secretary the functions, personnel, assets,
and obligations of the following:
(1) The United States Customs Service, except
as provided in subtitle C.
(2) The Coast Guard of the Department of
Transportation, which shall be maintained as a dis-
tinct entity within the Department, including the
functions of the Secretary of Transportation relating
thereto.
(3) The Transportation Security Administration
of the Department of Transportation, including the
HR 5005 PCS
functions of the Secretary of Transportation, and of
the Under Secretary of Transportation for Security,
relating thereto.
(4) The Federal Protective Service of the Gen-
eral Services Administration, including the functions
of the Administrator of General Services relating
thereto.
(5) The Office for Domestic Preparedness of
the Office of Justice Programs of the Department of
Justice, including the functions of the Attorney Gen-
eral relating thereto.
(6) The National Domestic Preparedness Office
of the Federal Bureau of Investigation, including the
functions of the Attorney General relating thereto.
(7) The Domestic Emergency Support Teams
of the Department of Justice, including the func-
tions of the Attorney General relating thereto.
SEC. 403. VISA ISSUANCE.
(a) IN GENERAL.—Notwithstanding section 104(a)
of the Immigration and Nationality Act (8 U.S.C.
1104(a)) or any other provision of law, and except as pro-
vided in subsection (b) 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
HR 5005 PCS
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
serving, any of the functions specified in paragraph
(1).
(b) AUTHORITY OF THE SECRETARY OF STATE.—
(1) IN GENERAL.—Notwithstanding subsection
(a), the Secretary of State may direct a consular 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.
HR 5005 PCS
(2) CONSTRUCTION REGARDING AUTHORITY.—
Nothing in this section shall be construed as affect-
ing 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).
(C) Section 212(a)(3)(B)(vi)(II) of the Im-
migration and Nationality Act.
(D) Section 212(a)(3)(C) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1182(a)(3)(C)).
(E) Section 212(a)(10)(C) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1182(a)(10)(C)).
(F) Section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
(G) Section 237(a)(4)(C) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1227(a)(4)(C)).
HR 5005 PCS
(H) Section 401 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of
1996 (22 U.S.C. 6034; Public Law 104–114).
(I) Section 613 of the Departments of
Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1999
(as contained in section 101(b) of division A of
Public Law 105–277) (Omnibus Consolidated
and Emergency Supplemental Appropriations
Act, 1999; 112 Stat. 2681; H.R. 4328 (origi-
nally H.R. 4276) as amended by section 617 of
Public Law 106–553).
(J) Section 801 of H.R. 3427, the Admiral
James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000
and 2001, as enacted by reference in Public
Law 106–113.
(K) Section 568 of the Foreign Operations,
Export Financing, and Related Programs Ap-
propriations Act, 2002 (Public Law 107–115).
(3) CONSTRUCTION
REGARDING
DELEGATION
OF AUTHORITY.—Nothing in this section shall be
construed to affect any delegation of authority to the
Secretary of State by the President pursuant to any
HR 5005 PCS
proclamation issued under section 212(f) of the Im-
migration and Nationality Act (8 U.S.C. 1182(f)).
(c) ASSIGNMENT OF HOMELAND SECURITY EMPLOY-
EES TO DIPLOMATIC AND CONSULAR POSTS.—
(1) IN GENERAL.—The Secretary is authorized
to assign employees of the Department of Homeland
Security to any diplomatic and consular posts
abroad to perform the following functions:
(A) Provide expert advice and training to
consular officers regarding specific security
threats relating to individual visa applications
or classes of applications.
(B) Review any or all such applications
prior to their adjudication, either on the initia-
tive of the employee of the Department of
Homeland Security or upon request by a con-
sular officer or other person charged with adju-
dicating such applications.
(C) Conduct investigations with respect to
matters under the jurisdiction of the Secretary.
(2) PERMANENT ASSIGNMENT; PARTICIPATION
IN TERRORIST LOOKOUT COMMITTEE.—When appro-
priate, employees of the Department of Homeland
Security assigned to perform functions described in
paragraph (1) may be assigned permanently to over-
HR 5005 PCS
seas diplomatic or consular posts with country-spe-
cific or regional responsibility. If the Secretary so di-
rects, any such employee, when present at an over-
seas post, shall participate in the terrorist lookout
committee established under section 304 of the En-
hanced Border Security and Visa Entry Reform Act
of 2002 (8 U.S.C. 1733).
(3) TRAINING AND HIRING.—
(A) The Secretary shall ensure that any
employees of the Department of Homeland Se-
curity assigned to perform functions described
in paragraph (1) shall be provided all necessary
training to enable them to carry out such func-
tions, including training in foreign languages,
interview techniques, fraud detection tech-
niques, and other skills required by such em-
ployees, in conditions in the particular country
where each employee is assigned, and in other
appropriate areas of study.
(B) The Secretary shall promulgate regula-
tions within 60 days of the enactment of this
Act establishing foreign language proficiency re-
quirements for employees of the Department
performing the functions described in para-
graph (1) and providing that preference shall be
HR 5005 PCS
given to individuals who meet such require-
ments in hiring employees for the performance
of such functions.
(C) The Secretary is authorized to use the
National Foreign Affairs Training Center, on a
reimbursable basis, to obtain the training de-
scribed in subparagraph (A).
(d) 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.
(e) 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.
HR 5005 PCS
(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-
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.
(f) REPORT.—Not later than 120 days after the date
of the enactment of this Act, the Director of the Office
of Science and Technology Policy shall submit to the Con-
gress a report on how the provisions of this section will
affect procedures for the issuance of student visas.
(g) VISA ISSUANCE PROGRAM FOR SAUDI ARABIA.—
Notwithstanding any other provision of law, after the date
of the enactment of this Act all third party screening,
interview waiver, or other non-interview visa issuance 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. All visa ap-
plicants in Saudi Arabia shall be interviewed unless on-
HR 5005 PCS
site personnel of the Department of Homeland Security
determine, in writing and pursuant to written guidelines
issued by the Secretary of Homeland Security, that the
alien is unlikely to present a risk to homeland security.
The Secretary of Homeland Security shall promulgate
such guidelines not later than 30 days after the date of
the enactment of this Act.
SEC. 404. TRANSFER OF CERTAIN AGRICULTURAL 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 of Homeland Security the func-
tions of the Secretary of Agriculture relating to agricul-
tural import and entry inspection activities under the laws
specified in subsection (b).
(b) COVERED ANIMAL
AND PLANT PROTECTION
LAWS.—The laws referred to in subsection (a) are the 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.).
HR 5005 PCS
(2) Section 1 of the Act of August 31, 1922
(commonly known as the Honeybee Act; 7 U.S.C.
281).
(3) Title III of the Federal Seed Act (7 U.S.C.
1581 et seq.).
(4) The Plant Protection Act (7 U.S.C. 7701 et
seq.).
(5) The Animal Protection Act (subtitle E of
title X of Public Law 107–171; 7 U.S.C. 8301 et
seq.).
(6) The Lacey Act Amendments of 1981 (16
U.S.C. 3371 et seq.).
(7) Section 11 of the Endangered Species Act
of 1973 (16 U.S.C. 1540).
(c) EXCLUSION OF QUARANTINE ACTIVITIES.—For
purposes of this section, the term ‘‘functions’’ does not
include any quarantine activities carried out under the
laws specified in subsection (b).
(d) EFFECT OF TRANSFER.—
(1) COMPLIANCE WITH DEPARTMENT OF AGRI-
CULTURE REGULATIONS.—The authority transferred
pursuant to subsection (a) shall be exercised by the
Secretary of Homeland Security in accordance with
the regulations, policies, and procedures issued by
HR 5005 PCS
the Secretary of Agriculture regarding the adminis-
tration of the laws specified in subsection (b).
(2) RULEMAKING
COORDINATION.—The Sec-
retary of Agriculture shall coordinate with the Sec-
retary of Homeland Security whenever the Secretary
of Agriculture prescribes regulations, policies, or
procedures for administering the laws specified in
subsection (b) at the locations referred to in sub-
section (a).
(3) EFFECTIVE
ADMINISTRATION.—The Sec-
retary of Homeland Security, in consultation with
the Secretary of Agriculture, may issue such direc-
tives and guidelines as are necessary to ensure the
effective use of personnel of the Department of
Homeland Security to carry out the functions trans-
ferred pursuant to subsection (a).
(e) TRANSFER AGREEMENT.—
(1) AGREEMENT REQUIRED; REVISION.—Before
the end of the transition period, as defined in section
801(2), the Secretary of Agriculture and the Sec-
retary of Homeland Security shall enter into an
agreement to effectuate the transfer of functions re-
quired by subsection (a). The Secretary of Agri-
culture and the Secretary of Homeland Security may
jointly revise the agreement as necessary thereafter.
HR 5005 PCS
(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 of Homeland Security to carry out
the functions transferred pursuant to sub-
section (a).
(B) The transfer of funds to the Secretary
of Homeland Security under subsection (f).
(3) COOPERATION
AND
RECIPROCITY.—The
Secretary of Agriculture and the Secretary of Home-
land Security may include as part of the agreement
the following:
(A) Authority for the Secretary of Home-
land Security to perform functions delegated to
the Animal and Plant Health Inspection Service
of the Department of Agriculture regarding the
protection of domestic livestock and plants, but
not transferred to the Secretary of Homeland
Security pursuant to subsection (a).
(B) Authority for the Secretary of Agri-
culture to use employees of the Department of
Homeland Security to carry out authorities del-
egated to the Animal and Plant Health Inspec-
HR 5005 PCS
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 of Homeland Security
funds for activities carried out by the Secretary of
Homeland Security for which such fees were col-
lected.
(2) LIMITATION.—The proportion of fees col-
lected pursuant to such sections that are transferred
to the Secretary of Homeland Security under this
subsection may not exceed the proportion of the
costs incurred by the Secretary of Homeland Secu-
rity to all costs incurred to carry out activities fund-
ed by such fees.
(g) TRANSFER OF DEPARTMENT OF AGRICULTURE
EMPLOYEES.—During the transition period, the Secretary
of Agriculture shall transfer to the Secretary of Homeland
HR 5005 PCS
Security not more than 3,200 full-time equivalent posi-
tions 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-
HR 5005 PCS
spections by the Department of Homeland Secu-
rity.’’.
SEC. 405. FUNCTIONS OF ADMINISTRATOR OF GENERAL
SERVICES.
(a) OPERATION, MAINTENANCE, AND PROTECTION
OF FEDERAL BUILDINGS AND GROUNDS.—Nothing in
this Act may be construed to affect the functions or 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
402(4), the Administrator shall retain all powers, func-
tions, and authorities vested in the Administrator under
the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.) and other provisions of law
that are necessary for the operation, maintenance, and
protection of such buildings and grounds.
(b) COLLECTION OF RENTS AND FEES; FEDERAL
BUILDINGS FUND.—
(1) STATUTORY
CONSTRUCTION.—Nothing in
this Act may be construed—
(A) to direct the transfer of, or affect, the
authority of the Administrator of General Serv-
HR 5005 PCS
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 210(f) of the Federal Property and Ad-
ministrative Services Act of 1949 (40 U.S.C.
490(f)).
(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. 406. 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-
HR 5005 PCS
ment for the purpose of consulting with the Administrator
of the Federal Aviation Administration.
(b) REPORT TO CONGRESS.—Not later than 60 days
after the date of enactment of this Act, the Secretary of
Transportation shall transmit to Congress a report con-
taining a plan for complying with the requirements of sec-
tion 44901(d) of title 49, United States Code.
(c) LIMITATIONS ON STATUTORY CONSTRUCTION.—
(1) GRANT
OF
AUTHORITY.—Nothing in this
Act may be construed to vest in the Secretary or any
other official in the Department any authority over
transportation security that is not vested in the
Under Secretary of Transportation for Security, or
in the Secretary of Transportation under chapter
449 of title 49, United States Code, on the day 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. 407. 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-
HR 5005 PCS
portation Security Administration shall be maintained as
a distinct entity within the Department under the Under
Secretary for Border Transportation and Security.
(b) SUNSET.—Subsection (a) shall cease to apply two
years after the date of enactment of this Act.
SEC. 408. ANNUAL ASSESSMENT OF TERRORIST-RELATED
THREATS TO PUBLIC TRANSPORTATION.
On an annual basis, the Secretary, in consultation
with the heads of other appropriate Federal departments
and agencies, shall conduct an assessment of terrorist-re-
lated threats to all forms of public transportation, includ-
ing public gathering areas related to public transportation.
SEC. 409. EXPLOSIVE DETECTION SYSTEMS.
(a) INSTALLATION OF SYSTEMS.—Section 44901(d)
of title 49, United States Code, is amended by adding at
the end the following:
‘‘(2) MODIFICATION
OF
AIRPORT
TERMINAL
BUILDINGS
TO
ACCOMMODATE
EXPLOSIVE
DETEC-
TION SYSTEMS.—
‘‘(A) NOTIFICATION
OF
AIRPORTS.—Not
later than October 1, 2002, the Under Sec-
retary shall notify the owner or operator of each
United States airport described in section
44903(c) of the number and type of explosive
detection systems that will be required to be de-
HR 5005 PCS
ployed at the airport in order to screen all
checked baggage by explosive detection systems
without imposing unreasonable delays on the
passengers using the airport.
‘‘(B) ASSESSMENTS
OF
AIRPORT
TER-
MINAL BUILDINGS.—If the owner or operator of
a United States airport described in section
44903(c) determines that the airport will not be
able to make the modifications to the airport’s
terminal buildings that are necessary to accom-
modate the explosive detection systems required
under subparagraph (A) in a cost-effective
manner on or before December 31, 2002, the
owner or operator shall provide notice of that
determination to the Under Secretary not later
than November 1, 2002.
‘‘(C) PLANS FOR MAKING MODIFICATIONS
TO AIRPORT TERMINAL BUILDINGS.—
‘‘(i) IN
GENERAL.—If the owner or
operator of an airport provides notice to
the Under Secretary under subparagraph
(B), the Under Secretary, in consultation
with the owner or operator, shall develop,
not later than December 1, 2002, a plan
for making necessary modifications to the
HR 5005 PCS
airport’s terminal buildings so as to deploy
and fully utilize explosive detection systems
to screen all checked baggage.
‘‘(ii) DEADLINE.—A plan developed
under this subparagraph shall include a
date for executing the plan. All such plans
shall be executed as expeditiously as prac-
ticable but not later than December 31,
2003.
‘‘(iii) TRANSMISSION
OF
PLANS
TO
CONGRESS.—On the date of completion of
a plan under this subparagraph, the Under
Secretary shall transmit a copy of the plan
to Congress. For security purposes, infor-
mation contained in the plan shall not be
disclosed to the public.
‘‘(D) REQUIREMENTS FOR PLANS.—A plan
developed and published under subparagraph
(C), shall provide for, to the maximum extent
practicable—
‘‘(i) the deployment of explosive detec-
tion systems in the baggage sorting area or
other non-public area rather than the lobby
of an airport terminal building; and
HR 5005 PCS
‘‘(ii) the deployment of state of the
art explosive detection systems that have
high throughput, low false alarm rates,
and high reliability without reducing detec-
tion rates.
‘‘(E) USE OF SCREENING METHODS OTHER
THAN
EDS.—Notwithstanding the deadline in
paragraph (1)(A), after December 31, 2002, if
explosive detection systems are not screening all
checked baggage at a United States airport de-
scribed in section 44903(c), such baggage shall
be screened by the methods described in sub-
section (e) until such time as all checked bag-
gage is screened by explosive detection systems
at the airport.
‘‘(3) PURCHASE
OF
EXPLOSIVE
DETECTION
SYSTEMS.—Any explosive detection system required
to be purchased under paragraph (2)(A) shall be
purchased by the Under Secretary.
‘‘(4) EXPLOSIVE
DETECTION
SYSTEM
DE-
FINED.—In this subsection, the term ‘explosive de-
tection system’ means a device, or combination of
devices, that can detect different types of explo-
sives.’’.
HR 5005 PCS
(b) CORRECTION OF REFERENCE.—Section 44901(e)
of title 49, United States Code, is amended by striking
‘‘(b)(1)(A)’’ and inserting ‘‘(d)(1)(A)’’.
SEC. 410. TRANSPORTATION SECURITY.
(a) 
TRANSPORTATION
SECURITY
OVERSIGHT
BOARD.—
(1) ESTABLISHMENT.—Section 115(a) of title
49, United States Code, is amended by striking ‘‘De-
partment of Transportation’’ and inserting ‘‘Depart-
ment of Homeland Security’’.
(2) MEMBERSHIP.—Section 115(b)(1) of title
49, United States Code, is amended—
(A) by striking subparagraph (G);
(B) by redesignating subparagraphs (A)
through (F) as subparagraphs (B) through (G),
respectively; and
(C) by inserting before subparagraph (B)
(as so redesignated) the following:
‘‘(A) The Secretary of Homeland Security,
or the Secretary’s designee.’’.
(3) CHAIRPERSON.—Section 115(b)(2) of title
49, United States Code, is amended by striking
‘‘Secretary of Transportation’’ and inserting ‘‘Sec-
retary of Homeland Security’’.
HR 5005 PCS
(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) (relating to security equipment) or section
47102(3)(B)(x) (relating to installation of bulk explosive
detection systems).’’.
Subtitle B—Immigration and
Nationality Functions
CHAPTER 1—IMMIGRATION
ENFORCEMENT
SEC. 411. TRANSFER OF FUNCTIONS TO UNDER SECRETARY
FOR BORDER AND TRANSPORTATION SECU-
RITY.
In accordance with title VIII, there shall be trans-
ferred from the Commissioner of Immigration and Natu-
ralization to the Under Secretary for Border and Trans-
portation Security all functions performed under the fol-
lowing programs, and all personnel, assets, and liabilities
HR 5005 PCS
pertaining to such programs, immediately before such
transfer occurs:
(1) The Border Patrol program.
(2) The detention and removal program.
(3) The intelligence program.
(4) The investigations program.
(5) The inspections program.
SEC. 412. ESTABLISHMENT OF BUREAU OF BORDER SECU-
RITY.
(a) ESTABLISHMENT OF BUREAU.—
(1) IN GENERAL.—There is established in the
Department of Homeland Security a bureau to be
known as the ‘‘Bureau of Border Security’’.
(2) ASSISTANT SECRETARY.—The head of the
Bureau of Border Security shall be the Assistant
Secretary of the Bureau of Border Security, who—
(A) shall report directly to the Under Sec-
retary for Border and Transportation Security;
and
(B) shall have a minimum of 10 years pro-
fessional experience in law enforcement, at least
5 of which shall have been years of service in
a managerial capacity.
(3) FUNCTIONS.—The Assistant Secretary of
the Bureau of Border Security—
HR 5005 PCS
(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 411 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
(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 of the
Department of Justice established under chap-
ter 2, 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-
HR 5005 PCS
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 411 takes effect,
the Assistant Secretary of the Bureau of Bor-
der Security shall design and implement a man-
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,
as a condition on further promotion—
(i) gain some experience in all the
major functions performed by such bureau;
and
(ii) work in at least one local office of
such bureau.
(B) REPORT.—Not later than 2 years after
the date on which the transfer of functions
HR 5005 PCS
specified under section 411 takes effect, the
Secretary shall submit a report to the Congress
on the implementation of such program.
(b) CHIEF OF POLICY AND STRATEGY.—
(1) IN GENERAL.—There shall be a position of
Chief of Policy and Strategy for the Bureau of 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—
(A) establishing national immigration en-
forcement policies and priorities;
(B) performing policy research and anal-
ysis on immigration enforcement issues; and
(C) coordinating immigration policy issues
with the Chief of Policy and Strategy for the
Bureau of Citizenship and Immigration Services
of the Department of Justice (established under
chapter 2), and the Assistant Attorney General
for Citizenship and Immigration Services, as
appropriate.
(c) CITIZENSHIP AND IMMIGRATION SERVICES LIAI-
SON.—
HR 5005 PCS
(1) IN GENERAL.—There shall be a position of
Citizenship and Immigration Services Liaison for the
Bureau of Border Security.
(2) FUNCTIONS.—The Citizenship and Immi-
gration Services Liaison shall be responsible for the
appropriate allocation and coordination of resources
involved in supporting shared support functions for
the Bureau of Citizenship and Immigration Services
of the Department of Justice (established under
chapter 2) and the Bureau of Border Security,
including—
(A) information resources management, in-
cluding computer databases and information
technology;
(B) records and file management; and
(C) forms management.
SEC. 413. PROFESSIONAL RESPONSIBILITY AND QUALITY
REVIEW.
The Under Secretary for Border and Transportation
Security shall be responsible for—
(1) conducting investigations of noncriminal 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;
HR 5005 PCS
(2) inspecting the operations of the Bureau of
Border Security and providing assessments of the
quality of the operations of such bureau as a whole
and each of its components; and
(3) providing an analysis of the management of
the Bureau of Border Security.
SEC. 414. EMPLOYEE DISCIPLINE.
The Under Secretary for Border and Transportation
Security may, notwithstanding any other provision of law,
impose disciplinary action, including termination of 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. 415. 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
United States House of Representatives and of the Senate
a report with a plan detailing how the Bureau of Border
Security, after the transfer of functions specified under
section 411 takes effect, will enforce comprehensively, ef-
fectively, and fairly all the enforcement provisions of the
HR 5005 PCS
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
relating to such functions.
(b) CONSULTATION.—In carrying out subsection (a),
the Secretary of Homeland Security shall consult with the
Attorney General, the Secretary of State, the Assistant
Attorney General for Citizenship and Immigration Serv-
ices, 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 Exec-
utive Office for Immigration Review, and the heads of
State and local law enforcement agencies to determine how
to most effectively conduct enforcement operations.
SEC. 416. 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.
HR 5005 PCS
CHAPTER 2—CITIZENSHIP AND
IMMIGRATION SERVICES
Subchapter A—Transfers of Functions
SEC. 421. ESTABLISHMENT OF BUREAU OF CITIZENSHIP
AND IMMIGRATION SERVICES.
(a) ESTABLISHMENT OF BUREAU.—
(1) IN GENERAL.—There is established in the
Department of Justice a bureau to be known as the
‘‘Bureau of Citizenship and Immigration Services’’.
(2) ASSISTANT
ATTORNEY
GENERAL.—The
head of the Bureau of Citizenship and Immigration
Services shall be the Assistant Attorney General for
Citizenship and Immigration Services, who—
(A) shall report directly to the Deputy At-
torney General; and
(B) shall have a minimum of 10 years pro-
fessional experience in the rendering of adju-
dications on the provision of government bene-
fits or services, at least 5 of which shall have
been years of service in a managerial capacity
or in a position affording comparable manage-
ment experience.
(3) FUNCTIONS.—The Assistant Attorney Gen-
eral for Citizenship and Immigration Services—
HR 5005 PCS
(A) shall establish the policies for per-
forming such functions as are transferred to the
Assistant Attorney General by this section or
this Act or otherwise vested in the Assistant At-
torney General by law;
(B) shall oversee the administration of
such policies;
(C) shall advise the Deputy Attorney Gen-
eral with respect to any policy or operation of
the Bureau of Citizenship and Immigration
Services that may affect the Bureau of Border
Security of the Department of Homeland Secu-
rity, including potentially conflicting policies or
operations;
(D) shall meet regularly with the Ombuds-
man described in section 422 to correct serious
service problems identified by the Ombudsman;
and
(E) shall establish procedures requiring a
formal response to any recommendations sub-
mitted in the Ombudsman’s annual report to
the Congress within 3 months after its submis-
sion to the Congress.
(4) MANAGERIAL ROTATION PROGRAM.—
HR 5005 PCS
(A) IN GENERAL.—Not later than 1 year
after the effective date specified in section 427,
the Assistant Attorney General for Citizenship
and Immigration Services shall design and im-
plement 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, as a condition on further
promotion—
(i) gain some experience in all the
major functions performed by such bureau;
and
(ii) work in at least one field office
and one service center of such bureau.
(B) REPORT.—Not later than 2 years after
the effective date specified in section 427, the
Attorney General shall submit a report to the
Congress on the implementation of such pro-
gram.
(5) PILOT
INITIATIVES
FOR
BACKLOG
ELIMI-
NATION.—The Assistant Attorney General for Citi-
zenship and Immigration Services is authorized to
implement innovative pilot initiatives to eliminate
HR 5005 PCS
any remaining backlog in the processing of immigra-
tion benefit applications, and to prevent any backlog
in the processing of such applications from recur-
ring, in accordance with section 204(a) of the Immi-
gration Services and Infrastructure Improvements
Act of 2000 (8 U.S.C. 1573(a)). Such initiatives
may include measures such as increasing personnel,
transferring personnel to focus on areas with the
largest potential for backlog, and streamlining pa-
perwork.
(b) TRANSFER
OF
FUNCTIONS
FROM
COMMIS-
SIONER.—There are transferred from the Commissioner
of Immigration and Naturalization to the Assistant Attor-
ney General for Citizenship and Immigration Services the
following functions, and all personnel, infrastructure, and
funding provided to the Commissioner in support of such
functions immediately before the effective date specified
in section 427:
(1) Adjudications of immigrant visa petitions.
(2) Adjudications of naturalization petitions.
(3) Adjudications of asylum and refugee appli-
cations.
(4) Adjudications performed at service centers.
HR 5005 PCS
(5) All other adjudications performed by the
Immigration and Naturalization Service immediately
before the effective date specified in section 427.
(c) CHIEF OF POLICY AND STRATEGY.—
(1) IN GENERAL.—There shall be a position of
Chief of Policy and Strategy for the Bureau of 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) establishing national immigration serv-
ices policies and priorities;
(B) performing policy research and anal-
ysis on immigration services issues; and
(C) coordinating immigration policy issues
with the Chief of Policy and Strategy for the
Bureau of Border Security of the Department
of Homeland Security.
(d) GENERAL COUNSEL.—
(1) IN GENERAL.—There shall be a position of
General Counsel for the Bureau of Citizenship and
Immigration Services.
(2) FUNCTIONS.—The General Counsel shall
serve as the principal legal advisor to the Assistant
HR 5005 PCS
Attorney General for Citizenship and Immigration
Services. The General Counsel shall be responsible
for—
(A) providing specialized legal advice, opin-
ions, determinations, regulations, and any other
assistance to the Assistant Attorney General for
Citizenship and Immigration Services with re-
spect to legal matters affecting the Bureau of
Citizenship 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 and in other legal or ad-
ministrative proceedings involving immigration
services issues.
(e) CHIEF BUDGET OFFICER.—
(1) IN GENERAL.—There shall be a position of
Chief Budget Officer for the Bureau of Citizenship
and Immigration Services.
(2) FUNCTIONS.—
(A) IN GENERAL.—The Chief Budget Offi-
cer shall be responsible for—
(i) formulating and executing the
budget of the Bureau of Citizenship and
Immigration Services;
HR 5005 PCS
(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.
(3) AUTHORITY AND FUNCTIONS OF AGENCY
CHIEF
FINANCIAL
OFFICERS.—The Chief Budget
Officer for the Bureau of Citizenship and Immigra-
tion Services shall have the authorities and functions
described in section 902 of title 31, United States
Code, in relation to financial activities of such bu-
reau.
(f) CHIEF
OF
CONGRESSIONAL, INTERGOVERN-
MENTAL, AND PUBLIC AFFAIRS.—
(1) IN GENERAL.—There shall be a position of
Chief of Congressional, Intergovernmental, and Pub-
lic Affairs for the Bureau of Citizenship and Immi-
gration Services.
(2) FUNCTIONS.—The Chief of Congressional,
Intergovernmental, and Public Affairs shall be re-
sponsible for—
(A) providing information relating to immi-
gration services to the Congress, including in-
HR 5005 PCS
formation on specific cases relating to immigra-
tion services issues;
(B) serving as a liaison with other Federal
agencies on immigration services issues; and
(C) responding to inquiries from the media
and the general public on immigration services
issues.
(g) BORDER SECURITY LIAISON.—
(1) IN GENERAL.—There shall be a position of
Border Security Liaison for the Bureau of Citizen-
ship and Immigration Services.
(2) FUNCTIONS.—The Border Security Liaison
shall be responsible for the appropriate allocation
and coordination of resources involved in supporting
shared support functions for the Bureau of Border
Security of the Department of Homeland Security
and the Bureau of Citizenship and Immigration
Services, including—
(A) information resources management, in-
cluding computer databases and information
technology;
(B) records and file management; and
(C) forms management.
(h) CHIEF OF OFFICE OF CITIZENSHIP.—
100
HR 5005 PCS
(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. 422. CITIZENSHIP AND IMMIGRATION SERVICES OM-
BUDSMAN.
(a) IN GENERAL.—Within the Department of Jus-
tice, there shall be a position of Citizenship and Immigra-
tion Services Ombudsman (in this section referred to as
the ‘‘Ombudsman’’). The Ombudsman shall report directly
to the Deputy Attorney General. The Ombudsman shall
have a background in customer service as well as immigra-
tion law.
(b) FUNCTIONS.—It shall be the function of the
Ombudsman—
(1) to assist individuals and employers in re-
solving problems with the Bureau of Citizenship and
Immigration Services;
101
HR 5005 PCS
(2) to identify areas in which individuals and
employers have problems in dealing with the Bureau
of Citizenship and Immigration Services;
(3) to the extent possible, to propose changes in
the administrative practices of the Bureau of Citi-
zenship and Immigration Services to mitigate prob-
lems identified under paragraph (2); and
(4) to identify potential legislative changes that
may be appropriate to mitigate such problems.
(c) ANNUAL REPORTS.—
(1) OBJECTIVES.—Not later than June 30 of
each calendar year, the Ombudsman shall report to
the Committee on the Judiciary of the United States
House of Representatives and the Senate on the ob-
jectives of the Office of the Ombudsman for the fis-
cal year beginning in such calendar year. Any such
report shall contain full and substantive analysis, in
addition to statistical information, and—
(A) shall identify the initiatives the Office
of the Ombudsman has taken on improving
services and responsiveness of the Bureau of
Citizenship and Immigration Services;
(B) shall contain a summary of the most
pervasive and serious problems encountered by
102
HR 5005 PCS
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 and legislative action as
may be appropriate to resolve problems encoun-
tered by individuals and employers, including
problems created by excessive backlogs in the
103
HR 5005 PCS
adjudication and processing of immigration ben-
efit petitions and applications; and
(G) shall include such other information as
the Ombudsman may deem advisable.
(2) REPORT TO BE SUBMITTED DIRECTLY.—
Each report required under this subsection shall be
provided directly to the committees described in
paragraph (1) without any prior review or comment
from the Attorney General, Deputy Attorney Gen-
eral, Assistant Attorney General for Citizenship and
Immigration Services, or any other officer or em-
ployee of the Department of Justice or the Office of
Management and Budget.
(d) OTHER RESPONSIBILITIES.—The Ombudsman—
(1) shall monitor the coverage and geographic
allocation of local offices of the Ombudsman;
(2) shall develop guidance to be distributed to
all officers and employees of the Bureau of 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
104
HR 5005 PCS
(4) shall meet regularly with the Assistant At-
torney General for Citizenship and Immigration
Services to identify serious service problems and to
present recommendations for such administrative ac-
tion as may be appropriate to resolve problems en-
countered 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 Assistant Attorney
General for Citizenship and Immigration Services shall es-
tablish procedures requiring a formal response to all rec-
ommendations submitted to such Assistant Attorney Gen-
105
HR 5005 PCS
eral by the Ombudsman within 3 months after submission
to such director.
(g) OPERATION OF LOCAL OFFICES.—
(1) IN GENERAL.—Each local ombudsman—
(A) shall report to the Ombudsman or the
delegate thereof;
(B) may consult with the appropriate 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 of Justice and report di-
rectly to the Congress through the Ombudsman;
and
(D) at the local ombudsman’s discretion,
may determine not to disclose to the Bureau of
Citizenship and Immigration Services contact
with, or information provided by, such indi-
vidual or employer.
106
HR 5005 PCS
(2) MAINTENANCE OF INDEPENDENT COMMU-
NICATIONS.—Each local office of the Ombudsman
shall maintain a phone, facsimile, and other means
of electronic communication access, and a post office
address, that is separate from those maintained by
the Bureau of Citizenship and Immigration Services,
or any component of the Bureau of Citizenship and
Immigration Services.
SEC. 423. PROFESSIONAL RESPONSIBILITY AND QUALITY
REVIEW.
(a) IN GENERAL.—The Assistant Attorney General
for Citizenship and Immigration Services shall be respon-
sible 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 Department of Justice Office of
the Inspector General;
(2) inspecting the operations of the Bureau of
Citizenship and Immigration Services and providing
assessments of the quality of the operations of such
bureau as a whole and each of its components; and
(3) providing an analysis of the management of
the Bureau of Citizenship and Immigration Services.
107
HR 5005 PCS
(b) SPECIAL CONSIDERATIONS.—In providing assess-
ments in accordance with subsection (a)(2) with respect
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. 424. EMPLOYEE DISCIPLINE.
The Assistant Attorney General for Citizenship and
Immigration Services may, notwithstanding any other pro-
vision of law, impose disciplinary action, including termi-
nation of employment, pursuant to policies and procedures
applicable to employees of the Federal Bureau of Inves-
tigation, on any employee of the Bureau of Citizenship and
Immigration Services who willfully deceives the Congress
or agency leadership on any matter.
SEC. 425. OFFICE OF IMMIGRATION STATISTICS WITHIN BU-
REAU OF JUSTICE STATISTICS.
(a) IN GENERAL.—Part C of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
109
HR 5005 PCS
the reasons for such denials, disaggregated by cat-
egory of denial and application or petition type.
‘‘(2) Establishment of standards of reliability
and validity for immigration statistics collected by
the Bureau of Citizenship and Immigration Services
and the Executive Office for Immigration Review.
‘‘(c) The Bureau of Citizenship and Immigration
Services and the Executive Office for Immigration Review
shall provide statistical information to the Office of Immi-
gration Statistics from the operational data systems con-
trolled by the Bureau of Citizenship and Immigration
Services and the Executive Office for Immigration Review,
respectively, for the purpose of meeting the responsibilities
of the Director.’’.
(b) TRANSFER OF FUNCTIONS.—There are trans-
ferred to the Office of Immigration Statistics established
under section 305 of the Omnibus Crime Control and Safe
Streets Act of 1968, as added by subsection (a), the func-
tions performed immediately before such transfer occurs
by the Statistics Branch of the Office of Policy and Plan-
ning of the Immigration and Naturalization Service with
respect to the following:
(1) Adjudications of immigrant visa petitions.
(2) Adjudications of naturalization petitions.
110
HR 5005 PCS
(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.
(c) CONFORMING AMENDMENTS.—Section 302(c) of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3732(c)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(22);
(2) by striking the period at the end of para-
graph (23) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(24) collect, maintain, compile, analyze, pub-
lish, and disseminate information and statistics in-
volving the functions of the Bureau of Citizenship
and Immigration Services and the Executive Office
for Immigration Review.’’.
SEC. 426. PRESERVATION OF ATTORNEY GENERAL’S AU-
THORITY.
(a) IN GENERAL.—Any function for which this sub-
chapter vests responsibility in an official other than the
Attorney General, or which is transferred by this sub-
chapter to such an official, may, notwithstanding any pro-
vision of this subchapter, be performed by the Attorney
112
HR 5005 PCS
(2) to such component is deemed to refer to the
Bureau of Citizenship and Immigration Services.
(b) OTHER TRANSITION ISSUES.—
(1) EXERCISE
OF
AUTHORITIES.—Except as
otherwise provided by law, a Federal official to
whom a function is transferred by this subchapter
may, for purposes of performing the function, exer-
cise all authorities under any other provision of law
that were available with respect to the performance
of that function to the official responsible for the
performance of the function immediately before the
effective date specified in section 427.
(2) SAVINGS PROVISIONS.—Subsections (a), (b),
and (c) of section 812 shall apply to a transfer of
functions under this subchapter in the same manner
as such provisions apply to a transfer of functions
under this Act to the Department of Homeland 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 subchapter (and
functions that the Attorney General determines are
properly related to the functions of the Bureau of
Citizenship and Immigration Services), and the as-
113
HR 5005 PCS
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 sub-
chapter, subject to section 202 of the Budget and
Accounting Procedures Act of 1950, shall be trans-
ferred to the Assistant Attorney General for Citizen-
ship and Immigration Services for allocation to the
appropriate component of the Department of Jus-
tice. Unexpended funds transferred pursuant to this
paragraph shall be used only for the purposes for
which the funds were originally authorized and ap-
propriated. The Attorney General shall have the
right to adjust or realign transfers of funds and per-
sonnel effected pursuant to this subchapter for a pe-
riod of 2 years after the effective date specified in
section 427.
(4) AUTHORITIES OF ATTORNEY GENERAL.—
The Attorney General (or a delegate of the Attorney
General), at such time or times as the Attorney Gen-
eral (or the delegate) shall provide, may make such
determinations as may be necessary with regard to
the functions transferred by this subchapter, and
114
HR 5005 PCS
may make such additional incidental dispositions of
personnel, assets, liabilities, grants, contracts, prop-
erty, records, and unexpended balances of appropria-
tions, authorizations, allocations, and other funds
held, used, arising from, available to, or to be made
available in connection with such functions, as may
be necessary to carry out the provisions of this sub-
chapter. The Attorney General shall provide for such
further measures and dispositions as may be nec-
essary to effectuate the purposes of this subchapter.
Subchapter B—Other Provisions
SEC. 431. FUNDING FOR CITIZENSHIP AND IMMIGRATION
SERVICES.
(a) ESTABLISHMENT OF FEES FOR ADJUDICATION
AND NATURALIZATION SERVICES.—Section 286(m) of the
Immigration and Nationality Act (8 U.S.C. 1356(m)) is
amended by striking ‘‘services, including the costs of simi-
lar services provided without charge to asylum applicants
or other immigrants.’’ and inserting ‘‘services.’’.
(b) AUTHORIZATION OF APPROPRIATIONS FOR REF-
UGEE AND ASYLUM ADJUDICATIONS.—There are author-
ized to be appropriated such sums as may be necessary
to carry out the provisions of sections 207 through 209
of the Immigration and Nationality Act (8 U.S.C. 1157–
1159). All funds appropriated under this subsection shall
115
HR 5005 PCS
be deposited into the Immigration Examinations Fee Ac-
count established under section 286(m) of the Immigra-
tion and Nationality Act (8 U.S.C. 1356(m)) and shall
remain available until expended.
SEC. 432. BACKLOG ELIMINATION.
Section 204(a)(1) of the Immigration Services and
Infrastructure Improvements Act of 2000 (8 U.S.C.
1573(a)(1)) is amended by striking ‘‘not later than one
year after the date of enactment of this Act;’’ and insert-
ing ‘‘1 year after the date of the enactment of the Home-
land Security Act of 2002;’’.
SEC. 433. REPORT ON IMPROVING IMMIGRATION SERVICES.
(a) IN GENERAL.—The Attorney General, not later
than 1 year after the effective date of this Act, shall sub-
mit to the Committees on the Judiciary and Appropria-
tions of the United States House of Representatives and
of the Senate a report with a plan detailing how the Bu-
reau of Citizenship and Immigration Services, after the
transfer of functions specified in subchapter 1 takes effect,
will complete efficiently, fairly, and within a reasonable
time, the adjudications described in paragraphs (1)
through (5) of section 421(b).
(b) CONTENTS.—For each type of adjudication to be
undertaken by the Assistant Attorney General for Citizen-
116
HR 5005 PCS
ship and Immigration Services, the report shall include the
following:
(1) Any potential savings of resources that may
be implemented without affecting the quality of the
adjudication.
(2) The goal for processing time with respect to
the application.
(3) Any statutory modifications with respect to
the adjudication that the Attorney General considers
advisable.
(c) CONSULTATION.—In carrying out subsection (a),
the Attorney General shall consult with the Secretary of
State, the Secretary of Labor, the Assistant Secretary of
the Bureau of Border Security of the Department of
Homeland Security, and the Director of the Executive Of-
fice for Immigration Review to determine how to stream-
line and improve the process for applying for and making
adjudications described in section 421(b) and related proc-
esses.
SEC. 434. 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
the Congress a report on changes in law, including
changes in authorizations of appropriations and in appro-
117
HR 5005 PCS
priations, that are needed to permit the Immigration and
Naturalization Service, and, after the transfer of functions
specified in subchapter 1 takes effect, the Bureau of Citi-
zenship and Immigration Services, to ensure a prompt and
timely response to emergent, unforeseen, or impending
changes in the number of applications for immigration
benefits, and otherwise to ensure the accommodation of
changing immigration service needs.
SEC. 
435. 
APPLICATION 
OF 
INTERNET-BASED 
TECH-
NOLOGIES.
(a) ESTABLISHMENT OF TRACKING SYSTEM.—The
Attorney General, not later than 1 year after the effective
date of this Act, in consultation with the Technology Advi-
sory Committee established under subsection (c), shall es-
tablish an Internet-based system, that will permit a per-
son, employer, immigrant, or nonimmigrant who has fil-
ings with the Attorney General for any benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
access to online information about the processing status
of the filing involved.
(b) FEASIBILITY STUDY FOR ONLINE FILING AND
IMPROVED PROCESSING.—
(1) ONLINE FILING.—The Attorney General, in
consultation with the Technology Advisory Com-
mittee established under subsection (c), shall con-
118
HR 5005 PCS
duct a feasibility study on the online filing of the fil-
ings described in subsection (a). The study shall in-
clude a review of computerization and technology of
the Immigration and Naturalization Service relating
to the immigration services and processing of filings
related to immigrant services. The study shall also
include an estimate of the timeframe and cost and
shall consider other factors in implementing such a
filing system, including the feasibility of fee payment
online.
(2) REPORT.—A report on the study under this
subsection shall be submitted to the Committees on
the Judiciary of the United States House of Rep-
resentatives and the Senate not later than 1 year
after the effective date of this Act.
(c) TECHNOLOGY ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—The Attorney General
shall establish, not later than 60 days after the ef-
fective date of this Act, an advisory committee (in
this section referred to as the ‘‘Technology Advisory
Committee’’) to assist the Attorney General in—
(A) establishing the tracking system under
subsection (a); and
(B) conducting the study under subsection
(b).
119
HR 5005 PCS
The Technology Advisory Committee shall be estab-
lished after consultation with the Committees on the
Judiciary of the United States House of Representa-
tives 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. 436. 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.—
120
HR 5005 PCS
(1) IN
GENERAL.—Pursuant to the transfer
made by subsection (a), the Director of the Office of
Refugee Resettlement shall be responsible for—
(A) coordinating and implementing the
care and placement of unaccompanied alien
children who are in Federal custody by reason
of their immigration status, including devel-
oping a plan to be submitted to the Congress
on how to ensure that qualified and inde-
pendent legal counsel is timely appointed to
represent the interests of each such child, con-
sistent with the law regarding appointment of
counsel that is in effect on the date of the en-
actment 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;
121
HR 5005 PCS
(E) implementing policies with respect to
the care and placement of unaccompanied alien
children;
(F) identifying a sufficient number of
qualified individuals, entities, and facilities to
house unaccompanied alien children;
(G) overseeing the infrastructure and 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;
122
HR 5005 PCS
(ii) the date on which the child came
into Federal custody by reason of his or
her immigration status;
(iii) information relating to the child’s
placement, removal, or release from each
facility in which the child has resided;
(iv) in any case in which the child is
placed in detention or released, an 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—
123
HR 5005 PCS
(A) shall consult with appropriate juvenile
justice professionals, the Director of the Bureau
of Citizenship and Immigration Services of the
Department of Justice, and the Assistant Sec-
retary of the Bureau of Border Security of the
Department of Homeland Security to ensure
that such determinations ensure that unaccom-
panied 
alien 
children 
described 
in 
such
subparagraph—
(i) are likely to appear for all hearings
or proceedings in which they are involved;
(ii) are protected from smugglers,
traffickers, or others who might seek to
victimize or otherwise engage them in
criminal, harmful, or exploitive activity;
and
(iii) are placed in a setting in which
they not likely to pose a danger to 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
124
HR 5005 PCS
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
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 411 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
125
HR 5005 PCS
(2) to such component is deemed to refer to the
Office of Refugee Resettlement of the Department of
Health and Human Services.
(f) OTHER TRANSITION ISSUES.—
(1) EXERCISE
OF
AUTHORITIES.—Except as
otherwise provided by law, a Federal official to
whom a function is transferred by this section may,
for purposes of performing the function, exercise all
authorities under any other provision of law that
were available with respect to the performance of
that function to the official responsible for the 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 812 shall apply to a transfer of
functions under this section in the same manner as
such provisions apply to a transfer of functions
under this Act to the Department of Homeland 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,
126
HR 5005 PCS
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-
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
127
HR 5005 PCS
(ii) no parent or legal guardian in the
United States is available to provide care
and physical custody.
CHAPTER 3—GENERAL PROVISIONS
SEC. 441. ABOLISHMENT OF INS.
The Immigration and Naturalization Service of the
Department of Justice is abolished.
SEC. 442. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘employee’’ means an employee
(as defined by section 2105 of title 5, United States
Code) who—
(A) has completed at least 3 years of cur-
rent continuous service with 1 or more covered
entities; and
(B) is serving under an appointment with-
out time limitation;
but does not include any person under subpara-
graphs (A)–(G) of section 663(a)(2) of Public Law
104–208 (5 U.S.C. 5597 note);
(2) the term ‘‘covered entity’’ means—
(A) the Immigration and Naturalization
Service;
(B) the Bureau of Border Security of the
Department of Homeland Security; and
128
HR 5005 PCS
(C) the Bureau of Citizenship and Immi-
gration Services of the Department of Justice;
and
(3) the term ‘‘transfer date’’ means the date on
which the transfer of functions specified under sec-
tion 411 takes effect.
(b) STRATEGIC RESTRUCTURING PLAN.—Before the
Attorney General or the Secretary obligates any resources
for voluntary separation incentive payments under this
section, such official shall submit to the appropriate com-
mittees of Congress a strategic restructuring plan, which
shall include—
(1) an organizational chart depicting the cov-
ered entities after their restructuring pursuant to
this Act;
(2) a summary description of how the authority
under this section will be used to help carry out that
restructuring; and
(3) 
the 
information 
specified 
in 
section
663(b)(2) of Public Law 104–208 (5 U.S.C. 5597
note).
As used in the preceding sentence, the ‘‘appropriate com-
mittees of Congress’’ are the Committees on Appropria-
tions, Government Reform, and the Judiciary of the
House of Representatives, and the Committees on Appro-
129
HR 5005 PCS
priations, Governmental Affairs, and the Judiciary of the
Senate.
(c) AUTHORITY.—The Attorney General and the Sec-
retary may, to the extent necessary to help carry out their
respective strategic restructuring plan described in sub-
section (b), make voluntary separation incentive payments
to employees. Any such payment—
(1) shall be paid to the employee, in a lump
sum, after the employee has separated from service;
(2) shall be paid from appropriations or funds
available for the payment of basic pay of the em-
ployee;
(3) shall be equal to the lesser of—
(A) the amount the employee would be en-
titled to receive under section 5595(c) of title 5,
United States Code; or
(B) an amount not to exceed $25,000, as
determined by the Attorney General or the Sec-
retary;
(4) may not be made except in the case of any
qualifying 
employee 
who 
voluntarily 
separates
(whether by retirement or resignation) before the
end of—
130
HR 5005 PCS
(A) the 3-month period beginning on the
date on which such payment is offered or made
available to such employee; or
(B) the 3-year period beginning on the
date of the enactment of this Act,
whichever occurs first;
(5) shall not be a basis for payment, and shall
not be included in the computation, of any other
type of Government benefit; and
(6) shall not be taken into account in deter-
mining the amount of any severance pay to which
the employee may be entitled under section 5595 of
title 5, United States Code, based on any other sepa-
ration.
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE
RETIREMENT FUND.—
(1) IN GENERAL.—In addition to any payments
which it is otherwise required to make, the Depart-
ment of Justice and the Department of Homeland
Security shall, for each fiscal year with respect to
which it makes any voluntary separation incentive
payments under this section, remit to the Office of
Personnel Management for deposit in the Treasury
of the United States to the credit of the Civil Service
131
HR 5005 PCS
Retirement and Disability Fund the amount re-
quired under paragraph (2).
(2) AMOUNT REQUIRED.—The amount required
under this paragraph shall, for any fiscal year, be
the amount under subparagraph (A) or (B), which-
ever is greater.
(A) FIRST METHOD.—The amount under
this subparagraph shall, for any fiscal year, be
equal to the minimum amount necessary to off-
set the additional costs to the retirement sys-
tems under title 5, United States Code (payable
out of the Civil Service Retirement and Dis-
ability Fund) resulting from the voluntary sepa-
ration of the employees described in paragraph
(3), as determined under regulations of the Of-
fice of Personnel Management.
(B) 
SECOND
METHOD.—The 
amount
under this subparagraph shall, for any fiscal
year, be equal to 45 percent of the sum total
of the final basic pay of the employees described
in paragraph (3).
(3) COMPUTATIONS TO BE BASED ON SEPARA-
TIONS
OCCURRING
IN
THE
FISCAL
YEAR
IN-
VOLVED.—The employees described in this para-
graph are those employees who receive a voluntary