datamatters24/research-document-archive huggingface dataset:
HR 5005 IH1S
(C) providing funds to the Department of
Energy and the Environmental Protection
Agency, as appropriate, for homeland security
planning, exercises and training, and equip-
ment;
(3) providing the Federal Government’s re-
sponse to terrorist attacks and major disasters,
including—
(A) managing such response;
(B) directing the Domestic Emergency
Support Team, the Strategic National Stock-
pile, the National Disaster Medical System, and
(when operating as an organizational unit of
the Department pursuant to this title) the Nu-
clear Incident Response Team;
(C) overseeing the Metropolitan Medical
Response System; and
(D) coordinating other Federal response
resources in the event of a terrorist attack or
major disaster;
(4) aiding the recovery from terrorist attacks
and major disasters;
(5) building a comprehensive national incident
management system with Federal, State, and local
HR 5005 IH1S
government personnel, agencies, and authorities, to
respond to such attacks and disasters;
(6) consolidating existing Federal Government
emergency response plans into a single, coordinated
national response plan; and
(7) developing comprehensive programs for de-
veloping interoperative communications technology,
and helping to ensure that emergency response pro-
viders acquire such technology.
SEC. 502. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be trans-
ferred to the Secretary the functions, personnel, assets,
and liabilities of the following entities—
(1) the Federal Emergency Management Agen-
cy, including the functions of the Director of the
Federal Emergency Management Agency relating
thereto;
(2) the Office for Domestic Preparedness of the
Office of Justice Programs, including the functions
of the Attorney General relating thereto;
(3) the National Domestic Preparedness Office
of the Federal Bureau of Investigation, including the
functions of the Attorney General relating thereto;
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dits or investigations, or the issuance of subpoenas, that
require access to information concerning—
(1) 
intelligence, 
counterintelligence, 
or
counterterrorism matters;
(2) ongoing criminal investigations or pro-
ceedings;
(3) undercover operations;
(4) the identity of confidential sources, includ-
ing protected witnesses;
(5) other matters the disclosure of which would,
in the Secretary’s judgment, constitute a serious
threat to the protection of any person or property
authorized protection by section 3056 of title 18,
United States Code, section 202 of title 3 of such
Code, or any provision of the Presidential Protection
Assistance Act of 1976; or
(6) other matters the disclosure of which would,
in the Secretary’s judgment, constitute a serious
threat to national security.
(b) PROHIBITION OF CERTAIN INVESTIGATIONS.—
With respect to the information described in subsection
(a), the Secretary may prohibit the Inspector General
from carrying out or completing any audit or investiga-
tion, or from issuing any subpoena, after such Inspector
General has decided to initiate, carry out, or complete
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such audit or investigation or to issue such subpoena, if
the Secretary determines that such prohibition is nec-
essary to prevent the disclosure of any information de-
scribed in subsection (a), to preserve the national security,
or to prevent a significant impairment to the interests of
the United States.
(c) NOTIFICATION REQUIRED.—The Secretary shall
notify the President of the Senate and the Speaker of the
House of Representatives within thirty days of any exer-
cise of his authority under this section.
Subtitle C—United States Secret
Service
SEC. 720. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be trans-
ferred to the Secretary the functions, personnel, assets,
and liabilities of the United States Secret Service, which
shall be maintained as a distinct entity within the Depart-
ment, including the functions of the Secretary of the
Treasury relating thereto.
Subtitle D—General Provisions
SEC. 730. ESTABLISHMENT OF HUMAN RESOURCES MAN-
AGEMENT SYSTEM.
Title 5, United States Code, is amended by
inserting—
(1) after part III a new part as follows:
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‘‘PART IV—DEPARTMENT OF HOMELAND
SECURITY
‘‘CHAPTER 100
‘‘Sec.
‘‘10001. Human Resources Management System.
‘‘§ 10001. Human Resources Management System
‘‘Notwithstanding any other provision of this title,
the Secretary of Homeland Security may, in regulations
prescribed jointly with the Director of the Office of Per-
sonnel Management, establish, and from time to time ad-
just, a human resources management system for some or
all of the organizational units of the Department of Home-
land Security, which shall be flexible, contemporary, and
grounded in the public employment principles of merit and
fitness.’’; and
(2) the following after the matter relating to
part III in the analysis:
‘‘Part IV—Department of Homeland Security
‘‘1. Human Resources Management System .......................
10001’’.
SEC. 731. ADVISORY COMMITTEES.
The Secretary may establish, appoint members of,
and use the services of, advisory committees, as he may
deem necessary. The service of an individual as a member
of an advisory committee established under this paragraph
shall not be considered to be service bringing him within
the provisions of sections 203, 205, or 207 of title 18,
HR 5005 IH1S
United States Code, unless his act, which by any such sec-
tion is made unlawful when performed by an individual
referred to therein, is with respect to any particular mat-
ter that directly involves the Department or in which the
Department is directly interested. An advisory committee
established under this section shall not be subject to Pub-
lic Law 92–463, but the Secretary shall publish notice in
the Federal Register announcing the establishment of
such a committee and identifying its purpose and member-
ship.
SEC. 732. ACQUISITIONS; PROPERTY.
(a) RESEARCH AND DEVELOPMENT PROJECTS.—(1)
When the Secretary carries out basic, applied, and ad-
vanced research and development projects, he may exercise
the same authority (subject to the same limitations and
conditions) with respect to such research and projects as
the Secretary of Defense may exercise under section 2371
of title 10, United States Code (except for subsections (b)
and (f) of such section), after making a determination that
the use of a contract, grant, or cooperative agreement for
such project is not feasible or appropriate. The annual re-
port required under subsection (h) of such section, as ap-
plied to the Secretary by this paragraph, shall be sub-
mitted to the President of the Senate and the Speaker
of the House of Representatives.
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(2) The Secretary may, under the authority of para-
graph (1), carry out prototype projects in accordance with
the requirements and conditions provided for carrying out
prototype projects under section 845 of the National De-
fense Authorization Act for Fiscal Year 1994 (Public Law
103–160). In applying the authorities of such section 845,
subsection (c) thereof shall apply with respect to prototype
projects under this paragraph, and the Secretary shall
perform the functions of the Secretary of Defense under
subsection (d) thereof.
(b) PERSONAL SERVICES.—Notwithstanding the time
and pay limitations of section 3109 of title 5, United
States Code, the Secretary may procure personal services,
including the services of experts and consultants (or orga-
nizations thereof).
(c) EXEMPTION FROM CERTAIN AUTHORITIES.—
Section 602(d) of the Federal Property and Administra-
tive Services Act 1949 (40 U.S.C. 474(d)) is amended by
striking ‘‘; or (21)’’ and inserting ‘‘; (21) the Department
of Homeland Security; or (22)’’.
(d) REAL PROPERTY.—Notwithstanding any other
provision of law, the Secretary, in accordance with regula-
tions prescribed jointly with the Administrator of General
Services and the Director of the Office of Management
and Budget—
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(1) may acquire replacement real property (in-
cluding interests therein)—
(A) by transfer or exchange of the Depart-
ment’s property with other executive agencies;
or
(B) by sale to or exchange of the Depart-
ment’s property with non-Federal parties;
(2) by lease, permit, license, or other similar in-
strument, may make available to other executive
agencies and to non-Federal parties, on a fair mar-
ket rental value basis, the unexpired portion of any
government lease for real property occupied or pos-
sessed by the Department;
(3) may make available by outlease agreements
with other executive agencies or with non-Federal
parties, any unused or underused portion of or inter-
est in any real or related personal property occupied
or possessed by the Department; and
(4) may deposit the proceeds of any exercise of
the authority granted by this subsection into any ac-
count in the Treasury available to him, without re-
gard to fiscal year limitations.
(e) DELEGATION OF CERTAIN RESPONSIBILITIES.—
Upon the written request of the Secretary, the Adminis-
trator of General Services shall delegate to him all respon-
HR 5005 IH1S
sibilities and authorities provided by law to the Adminis-
trator for the care and handling of the Department’s sur-
plus real and related personal property, pending its dis-
position, and for the disposal of such property.
(f) RECOVERY
OF COSTS.—Notwithstanding any
other provision of law, the Secretary may retain, from the
proceeds of the sale of personal property, amounts nec-
essary to recover, to the extent practicable, the full costs
(direct and indirect) incurred by the Secretary in dis-
posing of such property, including but not limited to the
costs of warehousing, storage, environmental services, ad-
vertising, appraisal, and transportation. Such amounts
shall be deposited into an account available for such ex-
penses without regard to fiscal year limitations.
SEC. 733. REORGANIZATION; TRANSFER.
(a) ALLOCATION OF FUNCTIONS.—The Secretary is
authorized to allocate or reallocate functions among the
officers of the Department, and to establish, consolidate,
alter, or discontinue such organizational units within the
Department, as he may deem necessary or appropriate,
but such authority does not extend to—
(1) any entity transferred to the Department
and established by statute, or any function vested by
statute in such an entity or officer of such an entity,
unless not less than ninety days’ notice has been
HR 5005 IH1S
given to the President of the Senate and Speaker of
the House of Representatives; or
(2) the abolition of any entity established or re-
quired to be maintained as a distinct entity by this
Act.
(b) TRANSFER OF APPROPRIATIONS.—Except as oth-
erwise specifically provided by law, not to exceed five per-
cent of any appropriation available to the Secretary in any
fiscal year may be transferred between such appropria-
tions, except that not less than fifteen days’ notice shall
be given to the Committees on Appropriations of the Sen-
ate and House of Representatives before any such transfer
is made.
SEC. 734. MISCELLANEOUS PROVISIONS.
(a) SEAL.—The Department shall have a seal, whose
design is subject to the approval of the President.
(b) GIFTS, DEVISES, AND BEQUESTS.—With respect
to the Department, the Secretary shall have the same au-
thorities that the Attorney General has with respect to the
Department of Justice under section 524(d) of title 28,
United States Code.
(c) PARTICIPATION OF MEMBERS OF THE ARMED
FORCES.—With respect to the Department, the Secretary
shall have the same authorities that the Secretary of
Transportation has with respect to the Department of
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HR 5005 IH1S
Transportation under section 324 of title 49, United
States Code.
(d) REDELEGATION OF FUNCTIONS.—Unless other-
wise provided in the delegation or by law, any function
delegated under this Act may be redelegated to any subor-
dinate.
SEC. 735. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out the provisions of this
Act.
TITLE VIII—TRANSITION
SEC. 801. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘agency’’ includes any entity, or-
ganizational unit, or function; and
(2) the term ‘‘transition period’’ means the 12-
month period beginning on the effective date of this
Act.
SEC. 802. TRANSFER OF AGENCIES.
The transfer of an agency to the Department shall
occur when the President so directs, but in no event later
than the end of the transition period. When an agency
is transferred, the President may also transfer to the De-
partment any agency established to carry out or support
adjudicatory or review functions in relation to the agency.
108
HR 5005 PCS
3731 et seq.) is amended by adding at the end the fol-
lowing:
‘‘OFFICE OF IMMIGRATION STATISTICS
‘‘SEC. 305. (a) There is established within the Bu-
reau of Justice Statistics of the Department of Justice
an Office of Immigration Statistics (in this section re-
ferred to as the ‘Office’), which shall be headed by a Direc-
tor who shall be appointed by the Attorney General and
who shall report to the Director of Justice Statistics.
‘‘(b) The Director of the Office shall be responsible
for the following:
‘‘(1) Maintenance of all immigration statistical
information of the Bureau of Citizenship and Immi-
gration Services and the Executive Office for Immi-
gration Review. Such statistical information shall in-
clude information and statistics of the type con-
tained in the publication entitled ‘Statistical Year-
book of the Immigration and Naturalization Service’
prepared by the Immigration and Naturalization
Service (as in effect on the day prior to the effective
date specified in section 427 of the Homeland Secu-
rity Act of 2002), including region-by-region statis-
tics on the aggregate number of applications and pe-
titions filed by an alien (or filed on behalf of an
alien) and denied by such offices and bureaus, and
HR 5011 PP
Housing Construction, Army’’ under Public Law 107–64,
$4,920,000 are rescinded.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
For expenses of family housing for the Army for oper-
ation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and in-
surance premiums, as authorized by law, $1,119,007,000.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE
CORPS
(INCLUDING RESCISSION)
For expenses of family housing for the Navy and Ma-
rine Corps for construction, including acquisition, replace-
ment, addition, expansion, extension and alteration, as au-
thorized by law, $374,468,000, to remain available until
September 30, 2007: Provided, That of the funds appro-
priated for ‘‘Family Housing Construction, Navy and Ma-
rine Corps’’ under Public Law 107–64, $2,652,000 are re-
scinded.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY
AND MARINE CORPS
For expenses of family housing for the Navy and Ma-
rine Corps for operation and maintenance, including debt
payment, leasing, minor construction, principal and inter-
est charges, and insurance premiums, as authorized by law,
$867,788,000.
HR 5005 PCS
(E) The National Communications System
of the Department of Defense.
(F) The intelligence element of the Coast
Guard.
(G) The intelligence element of the United
States Customs Service.
(H) The intelligence element of the Immi-
gration and Naturalization Service.
(I) The intelligence element of the Trans-
portation Security Administration.
(J) The intelligence element of the Federal
Protective Service.
(2) STRUCTURE.—It is the sense of Congress
that the Under Secretary should model the Intel-
ligence Analysis Center on the technical, analytic ap-
proach of the Information Dominance Center of the
Department of the Army to the maximum extent
feasible and appropriate.
SEC. 213. NET GUARD.
The Under Secretary for Information Analysis and
Infrastructure Protection may establish a national tech-
nology guard, to be known as ‘‘NET Guard’’, comprised
of local teams of volunteers with expertise in relevant
areas of science and technology, to assist local commu-
HR 80 IH1S
(a)(4)(B) of such section (as amended by the Social
Security Amendments of 1977),
the Commissioner of Social Security (notwithstanding sec-
tion 215(f)(1) of the Social Security Act) shall recompute
such primary insurance amount so as to take into account
the amendments made by this Act.
Æ
lands conveyed under subsection (a) were reserved 
from the public domain. 
(g) WITHDRAWAL.—Subject to valid existing rights, 
the lands to be conveyed under subsection (a) are hereby 
withdrawn from all forms of location, entry, and patent 
under the public land laws and the mining and mineral 
leasing laws of the United States.
of the unpaid principal amount of exempt claims as
defined in subsection (c)(1)(G)’’.
(3) Section 428(c) (20 U.S.C. 1078(c)) is
amended—
(A) in paragraph (1)—
(i) by redesignating subparagraph (G)
as subparagraph (H), and moving such
subparagraph 2 em spaces to the left; and
(ii) by inserting after subparagraph
(F) the following new subparagraph:
‘‘(G)(i) Notwithstanding any other provisions of
this section, in the case of exempt claims, the Sec-
retary shall apply the provisions of—
‘‘(I) the fourth sentence of subparagraph
(A) by substituting ‘100 percent’ for ‘95 per-
cent’;
‘‘(II) subparagraph (B)(i) by substituting
‘100 percent’ for ‘85 percent’; and
‘‘(III) subparagraph (B)(ii) by substituting
‘100 percent’ for ‘75 percent’.
‘‘(ii) For purposes of clause (i) of this subpara-
graph, the term ‘exempt claims’ means claims with
respect to loans for which it is determined that the
borrower (or the student on whose behalf a parent
has borrowed), without the lender’s or the institu-
‘‘$136,688,750 for the period of October 1, 2003, through 
July 31, 2004’’ and inserting ‘‘$165,000,000 for fiscal 
year 2004’’. 
(b) HIGHWAY SAFETY RESEARCH AND DEVELOP-
MENT.—Section 2009(a)(2) of such Act (112 Stat. 337; 
117 Stat. 1119; 118 Stat. 489; 118 Stat. 637; 118 Stat. 
709) is amended by striking ‘‘2003 and $59,646,000 for 
the period of October 1, 2003, through July 31,’’. 
(c) OCCUPANT PROTECTION INCENTIVE GRANTS-.—
Section 2009(a)(3) of such Act (112 Stat. 337; 117 Stat. 
1120; 118 Stat. 489; 118 Stat. 638; 118 Stat. 709) is 
amended by striking ‘‘$16,568,333 for the period of Octo-
ber 1, 2003, through July 31, 2004’’ and inserting 
‘‘$20,000,000 for fiscal year 2004’’. 
(d) 
ALCOHOL-IMPAIRED
DRIVING
COUNTER-
MEASURES INCENTIVE GRANTS.—Section 2009(a)(4) of 
such Act (112 Stat. 337; 117 Stat. 1120; 118 Stat. 489; 
118 Stat. 638; 118 Stat. 709) is amended by striking 
‘‘$33,136,667 for the period of October 1, 2003, through 
July 31, 2004’’ and inserting ‘‘$40,000,000 for fiscal year 
2004’’. 
(e) 
NATIONAL
DRIVER
REGISTER.—Section 
2009(a)(6) of such Act (112 Stat. 338; 117 Stat. 1120; 
118 Stat. 638; 118 Stat. 709) is amended by striking 
‘‘$2,982,300 for the period of October 1, 2003, through
(5) by striking ‘‘match.’’ in paragraph (5), as
redesignated, and inserting ‘‘match in an amount
prescribed by Administration.’’.
SEC. 6. REGISTRATION.
Section 6 (15 U.S.C. 6305) is amended—
(1) by inserting ‘‘or Indian tribe’’ after ‘‘State’’
the second place it appears in subsection (a)(2);
(2) by striking the first sentence of subsection
(c) and inserting ‘‘A boxing commission shall, in ac-
cordance with requirements established by the
United States Boxing Administration, make a health
and safety disclosure to a boxer when issuing an
identification card to that boxer.’’;
(3) by striking ‘‘should’’ in the second sentence
of subsection (c) and inserting ‘‘shall, at a min-
imum,’’; and
(4) by adding at the end the following:
‘‘(d) COPY
OF REGISTRATION TO BE SENT
TO
USBA.—A boxing commission shall furnish a copy of each
registration received under subsection (a) to the United
States Boxing Administration.’’.
SEC. 7. REVIEW.
Section 7 (15 U.S.C. 6306) is amended—
(1) by striking paragraphs (3) and (4) of sub-
section (a) and inserting the following:
‘‘(3) Procedures to review a summary suspen-
sion when a hearing before the boxing commission is
requested by a boxer, licensee, manager, match-
maker, promoter, or other boxing service provider
which provides an opportunity for that person to
present evidence.’’;
(2) by striking subsection (b); and
(3) by striking ‘‘(a) PROCEDURES.—’’.
SEC. 8. REPORTING.
Section 8 (15 U.S.C. 6307) is amended—
(1) by striking ‘‘48 business hours’’ and insert-
ing ‘‘2 business days’’; and
(2) by striking ‘‘each boxer registry.’’ and in-
serting ‘‘the United States Boxing Administration.’’.
SEC. 9. CONTRACT REQUIREMENTS.
Section 9 (15 U.S.C. 6307a) is amended to read as
follows:
‘‘SEC. 9. CONTRACT REQUIREMENTS.
‘‘(a) IN GENERAL.—The United States Boxing Ad-
ministration, in consultation with the Association of Box-
ing Commissions, shall develop guidelines for minimum
contractual provisions that should be included in bout
agreements and boxer-manager contracts. Each boxing
commission shall ensure that these minimal contractual
dying, and gifts made, after December 31, 2002,
and before January 1, 2009).’’.
(2) EARLIER TERMINATION OF SECTION 2057.—
Subsection (f) of section 2057 of such Code is
amended by striking ‘‘December 31, 2003’’ and in-
serting ‘‘December 31, 2002’’.
(b) MAXIMUM ESTATE TAX RATE TO REMAIN AT 50
PERCENT; PHASEOUT OF GRADUATED RATES AND UNI-
FIED CREDIT.—Paragraph (2) of section 2001(c) of such
Code is amended to read as follows:
‘‘(2) PHASEOUT
OF
GRADUATED
RATES
AND
UNIFIED
CREDIT.—The tentative tax determined
under paragraph (1) shall be increased by an
amount equal to 5 percent of so much of the amount
(with respect to which the tentative tax is to be com-
puted) as exceeds $10,000,000. The amount of the
increase under the preceding sentence shall not ex-
ceed the sum of the applicable credit amount under
section 2010(c) and $224,200.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to estates of decedents dying, and
gifts made, after December 31, 2002.