H. R. 5005—145
‘‘(d) ATTORNEY GENERAL.—The Attorney General, or officers,
employees, or agents of the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, Department of Justice designated by the Attorney
General, shall carry out the laws referred to in section 80306(b)
of this title to the extent that the violation of this chapter involves
contraband described in section 80302 (a)(2) or (a)(5).’’.
(s) Section 103 of the Gun Control Act of 1968 (Public Law
90–618; 82 Stat. 1226) is amended by striking ‘‘Secretary of the
Treasury’’ and inserting ‘‘Attorney General’’.
SEC. 1113. POWERS OF AGENTS OF THE BUREAU OF ALCOHOL,
TOBACCO, FIREARMS, AND EXPLOSIVES.
Chapter 203 of title 18, United States Code, is amended by
adding the following:
‘‘§ 3051. Powers of Special Agents of Bureau of Alcohol,
Tobacco, Firearms, and Explosives
‘‘(a) Special agents of the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, as well as any other investigator or officer charged
by the Attorney General with the duty of enforcing any of the
criminal, seizure, or forfeiture provisions of the laws of the United
States, may carry firearms, serve warrants and subpoenas issued
under the authority of the United States and make arrests without
warrant for any offense against the United States committed in
their presence, or for any felony cognizable under the laws of
the United States if they have reasonable grounds to believe that
the person to be arrested has committed or is committing such
felony.
‘‘(b) Any special agent of the Bureau of Alcohol, Tobacco, Fire-
arms, and Explosives may, in respect to the performance of his
or her duties, make seizures of property subject to forfeiture to
the United States.
‘‘(c)(1) Except as provided in paragraphs (2) and (3), and except
to the extent that such provisions conflict with the provisions of
section 983 of title 18, United States Code, insofar as section 983
applies, the provisions of the Customs laws relating to—
‘‘(A) the seizure, summary and judicial forfeiture, and con-
demnation of property;
‘‘(B) the disposition of such property;
‘‘(C) the remission or mitigation of such forfeiture; and
‘‘(D) the compromise of claims,
shall apply to seizures and forfeitures incurred, or alleged to have
been incurred, under any applicable provision of law enforced or
administered by the Bureau of Alcohol, Tobacco, Firearms, and
Explosives.
‘‘(2) For purposes of paragraph (1), duties that are imposed
upon a customs officer or any other person with respect to the
seizure and forfeiture of property under the customs laws of the
United States shall be performed with respect to seizures and
forfeitures of property under this section by such officers, agents,
or any other person as may be authorized or designated for that
purpose by the Attorney General.
‘‘(3) Notwithstanding any other provision of law, the disposition
of firearms forfeited by reason of a violation of any law of the
United States shall be governed by the provisions of section 5872(b)
of the Internal Revenue Code of 1986.’’.
H. R. 5005—146
SEC. 1114. EXPLOSIVES TRAINING AND RESEARCH FACILITY.
(a) ESTABLISHMENT.—There is established within the Bureau
an Explosives Training and Research Facility at Fort AP Hill,
Fredericksburg, Virginia.
(b) PURPOSE.—The facility established under subsection (a)
shall be utilized to train Federal, State, and local law enforcement
officers to—
(1) investigate bombings and explosions;
(2) properly handle, utilize, and dispose of explosive mate-
rials and devices;
(3) train canines on explosive detection; and
(4) conduct research on explosives.
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
such sums as may be necessary to establish and maintain
the facility established under subsection (a).
(2) AVAILABILITY OF FUNDS.—Any amounts appropriated
pursuant to paragraph (1) shall remain available until
expended.
SEC. 1115. PERSONNEL MANAGEMENT DEMONSTRATION PROJECT.
Notwithstanding any other provision of law, the Personnel
Management Demonstration Project established under section 102
of title I of division C of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act for Fiscal Year 1999 (Public Law
105–277; 122 Stat. 2681–585) shall be transferred to the Attorney
General of the United States for continued use by the Bureau
of Alcohol, Tobacco, Firearms, and Explosives, Department of Jus-
tice, and the Secretary of the Treasury for continued use by the
Tax and Trade Bureau.
Subtitle C—Explosives
SEC. 1121. SHORT TITLE.
This subtitle may be referred to as the ‘‘Safe Explosives Act’’.
SEC. 1122. PERMITS FOR PURCHASERS OF EXPLOSIVES.
(a) DEFINITIONS.—Section 841 of title 18, United States Code,
is amended—
(1) by striking subsection (j) and inserting the following:
‘‘(j) ‘Permittee’ means any user of explosives for a lawful
purpose, who has obtained either a user permit or a limited
permit under the provisions of this chapter.’’; and
(2) by adding at the end the following:
‘‘(r) ‘Alien’ means any person who is not a citizen or national
of the United States.
‘‘(s) ‘Responsible person’ means an individual who has the
power to direct the management and policies of the applicant
pertaining to explosive materials.’’.
(b) PERMITS FOR PURCHASE OF EXPLOSIVES.—Section 842 of
title 18, United States Code, is amended—
(1) in subsection (a)(2), by striking ‘‘and’’ at the end;
(2) by striking subsection (a)(3) and inserting the following:
‘‘(3) other than a licensee or permittee knowingly—
‘‘(A) to transport, ship, cause to be transported, or
receive any explosive materials; or
H. R. 5005—147
‘‘(B) to distribute explosive materials to any person
other than a licensee or permittee; or
‘‘(4) who is a holder of a limited permit—
‘‘(A) to transport, ship, cause to be transported, or
receive in interstate or foreign commerce any explosive
materials; or
‘‘(B) to receive explosive materials from a licensee or
permittee, whose premises are located outside the State
of residence of the limited permit holder, or on more than
6 separate occasions, during the period of the permit, to
receive explosive materials from 1 or more licensees or
permittees whose premises are located within the State
of residence of the limited permit holder.’’; and
(3) by striking subsection (b) and inserting the following:
‘‘(b) It shall be unlawful for any licensee or permittee to know-
ingly distribute any explosive materials to any person other than—
‘‘(1) a licensee;
‘‘(2) a holder of a user permit; or
‘‘(3) a holder of a limited permit who is a resident of
the State where distribution is made and in which the premises
of the transferor are located.’’.
(c) LICENSES AND USER PERMITS.—Section 843(a) of title 18,
United States Code, is amended—
(1) in the first sentence—
(A) by inserting ‘‘or limited permit’’ after ‘‘user permit’’;
and
(B) by inserting before the period at the end the fol-
lowing: ‘‘, including the names of and appropriate identi-
fying information regarding all employees who will be
authorized by the applicant to possess explosive materials,
as well as fingerprints and a photograph of each responsible
person’’;
(2) in the second sentence, by striking ‘‘$200 for each’’
and inserting ‘‘$50 for a limited permit and $200 for any other’’;
and
(3) by striking the third sentence and inserting ‘‘Each
license or user permit shall be valid for not longer than 3
years from the date of issuance and each limited permit shall
be valid for not longer than 1 year from the date of issuance.
Each license or permit shall be renewable upon the same condi-
tions and subject to the same restrictions as the original license
or permit, and upon payment of a renewal fee not to exceed
one-half of the original fee.’’.
(d) CRITERIA FOR APPROVING LICENSES AND PERMITS.—Section
843(b) of title 18, United States Code, is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) the applicant (or, if the applicant is a corporation, partner-
ship, or association, each responsible person with respect to the
applicant) is not a person described in section 842(i);’’;
(2) in paragraph (4)—
(A) by inserting ‘‘(A) the Secretary verifies by inspec-
tion or, if the application is for an original limited permit
or the first or second renewal of such a permit, by such
other means as the Secretary determines appropriate, that’’
before ‘‘the applicant’’; and
(B) by adding at the end the following:
H. R. 5005—148
‘‘(B) subparagraph (A) shall not apply to an applicant
for the renewal of a limited permit if the Secretary has
verified, by inspection within the preceding 3 years, the
matters described in subparagraph (A) with respect to the
applicant; and’’;
(3) in paragraph (5), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
‘‘(6) none of the employees of the applicant who will be
authorized by the applicant to possess explosive materials is
any person described in section 842(i); and
‘‘(7) in the case of a limited permit, the applicant has
certified in writing that the applicant will not receive explosive
materials on more than 6 separate occasions during the 12-
month period for which the limited permit is valid.’’.
(e) APPLICATION APPROVAL.—Section 843(c) of title 18, United
States Code, is amended by striking ‘‘forty-five days’’ and inserting
‘‘90 days for licenses and permits,’’.
(f) INSPECTION AUTHORITY.—Section 843(f) of title 18, United
States Code, is amended—
(1) in the first sentence—
(A) by striking ‘‘permittees’’ and inserting ‘‘holders of
user permits’’; and
(B) by inserting ‘‘licensees and permittees’’ before ‘‘shall
submit’’;
(2) in the second sentence, by striking ‘‘permittee’’ the
first time it appears and inserting ‘‘holder of a user permit’’;
and
(3) by adding at the end the following: ‘‘The Secretary
may inspect the places of storage for explosive materials of
an applicant for a limited permit or, at the time of renewal
of such permit, a holder of a limited permit, only as provided
in subsection (b)(4).
(g) POSTING OF PERMITS.—Section 843(g) of title 18, United
States Code, is amended by inserting ‘‘user’’ before ‘‘permits’’.
(h) BACKGROUND CHECKS; CLEARANCES.—Section 843 of title
18, United States Code, is amended by adding at the end the
following:
‘‘(h)(1) If the Secretary receives, from an employer, the name
and other identifying information of a responsible person or an
employee who will be authorized by the employer to possess explo-
sive materials in the course of employment with the employer,
the Secretary shall determine whether the responsible person or
employee is one of the persons described in any paragraph of
section 842(i). In making the determination, the Secretary may
take into account a letter or document issued under paragraph
(2).
‘‘(2)(A) If the Secretary determines that the responsible person
or the employee is not one of the persons described in any paragraph
of section 842(i), the Secretary shall notify the employer in writing
or electronically of the determination and issue, to the responsible
person or employee, a letter of clearance, which confirms the deter-
mination.
‘‘(B) If the Secretary determines that the responsible person
or employee is one of the persons described in any paragraph
of section 842(i), the Secretary shall notify the employer in writing
H. R. 5005—149
or electronically of the determination and issue to the responsible
person or the employee, as the case may be, a document that—
‘‘(i) confirms the determination;
‘‘(ii) explains the grounds for the determination;
‘‘(iii) provides information on how the disability may be
relieved; and
‘‘(iv) explains how the determination may be appealed.’’.
(i) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall take effect 180 days after the date of enactment of this
Act.
(2) EXCEPTION.—Notwithstanding any provision of this Act,
a license or permit issued under section 843 of title 18, United
States Code, before the date of enactment of this Act, shall
remain valid until that license or permit is revoked under
section 843(d) or expires, or until a timely application for
renewal is acted upon.
SEC. 1123. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING
EXPLOSIVE MATERIALS.
(a) DISTRIBUTION OF EXPLOSIVES.—Section 842(d) of title 18,
United States Code, is amended—
(1) in paragraph (5), by striking ‘‘or’’ at the end;
(2) in paragraph (6), by striking the period at the end
and inserting ‘‘or who has been committed to a mental institu-
tion;’’; and
(3) by adding at the end the following:
‘‘(7) is an alien, other than an alien who—
‘‘(A) is lawfully admitted for permanent residence (as
defined in section 101 (a)(20) of the Immigration and
Nationality Act); or
‘‘(B) is in lawful nonimmigrant status, is a refugee
admitted under section 207 of the Immigration and Nation-
ality Act (8 U.S.C. 1157), or is in asylum status under
section 208 of the Immigration and Nationality Act (8
U.S.C. 1158), and—
‘‘(i) is a foreign law enforcement officer of a friendly
foreign government, as determined by the Secretary
in consultation with the Secretary of State, entering
the United States on official law enforcement business,
and the shipping, transporting, possession, or receipt
of explosive materials is in furtherance of this official
law enforcement business;
‘‘(ii) is a person having the power to direct or
cause the direction of the management and policies
of a corporation, partnership, or association licensed
pursuant to section 843(a), and the shipping, trans-
porting, possession, or receipt of explosive materials
is in furtherance of such power;
‘‘(iii) is a member of a North Atlantic Treaty
Organization (NATO) or other friendly foreign military
force, as determined by the Secretary in consultation
with the Secretary of Defense, (whether or not
admitted in a nonimmigrant status) who is present
in the United States under military orders for training
or other military purpose authorized by the United
States, and the shipping, transporting, possession, or
H. R. 5005—151
(3) by inserting ‘‘or affecting’’ before ‘‘interstate’’ each place
that term appears.
SEC. 1124. REQUIREMENT TO PROVIDE SAMPLES OF EXPLOSIVE MATE-
RIALS AND AMMONIUM NITRATE.
Section 843 of title 18, United States Code, as amended by
this Act, is amended by adding at the end the following:
‘‘(i) FURNISHING OF SAMPLES.—
‘‘(1) IN
GENERAL.—Licensed manufacturers and licensed
importers and persons who manufacture or import explosive
materials or ammonium nitrate shall, when required by letter
issued by the Secretary, furnish—
‘‘(A) samples of such explosive materials or ammonium
nitrate;
‘‘(B) information on chemical composition of those prod-
ucts; and
‘‘(C) any other information that the Secretary deter-
mines is relevant to the identification of the explosive
materials or to identification of the ammonium nitrate.
‘‘(2) REIMBURSEMENT.—The Secretary shall, by regulation,
authorize reimbursement of the fair market value of samples
furnished pursuant to this subsection, as well as the reasonable
costs of shipment.’’.
SEC. 1125. DESTRUCTION OF PROPERTY OF INSTITUTIONS RECEIVING
FEDERAL FINANCIAL ASSISTANCE.
Section 844(f)(1) of title 18, United States Code, is amended
by inserting before the word ‘‘shall’’ the following: ‘‘or any institution
or organization receiving Federal financial assistance,’’.
SEC. 1126. RELIEF FROM DISABILITIES.
Section 845(b) of title 18, United States Code, is amended
to read as follows:
‘‘(b)(1) A person who is prohibited from shipping, transporting,
receiving, or possessing any explosive under section 842(i) may
apply to the Secretary for relief from such prohibition.
‘‘(2) The Secretary may grant the relief requested under para-
graph (1) if the Secretary determines that the circumstances
regarding the applicability of section 842(i), and the applicant’s
record and reputation, are such that the applicant will not be
likely to act in a manner dangerous to public safety and that
the granting of such relief is not contrary to the public interest.
‘‘(3) A licensee or permittee who applies for relief, under this
subsection, from the disabilities incurred under this chapter as
a result of an indictment for or conviction of a crime punishable
by imprisonment for a term exceeding 1 year shall not be barred
by such disability from further operations under the license or
permit pending final action on an application for relief filed pursu-
ant to this section.’’.
SEC. 1127. THEFT REPORTING REQUIREMENT.
Section 844 of title 18, United States Code, is amended by
adding at the end the following:
‘‘(p) THEFT REPORTING REQUIREMENT.—
‘‘(1) IN GENERAL.—A holder of a license or permit who
knows that explosive materials have been stolen from that
licensee or permittee, shall report the theft to the Secretary
not later than 24 hours after the discovery of the theft.
H. R. 5005—152
‘‘(2) PENALTY.—A holder of a license or permit who does
not report a theft in accordance with paragraph (1), shall be
fined not more than $10,000, imprisoned not more than 5
years, or both.’’.
SEC. 1128. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as necessary
to carry out this subtitle and the amendments made by this subtitle.
TITLE XII—AIRLINE WAR RISK
INSURANCE LEGISLATION
SEC. 1201. AIR CARRIER LIABILITY FOR THIRD PARTY CLAIMS ARISING
OUT OF ACTS OF TERRORISM.
Section 44303 of title 49, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Secretary
of Transportation’’;
(2) by moving the text of paragraph (2) of section 201(b)
of the Air Transportation Safety and System Stabilization Act
(115 Stat. 235) to the end and redesignating such paragraph
as subsection (b);
(3) in subsection (b) (as so redesignated)—
(A) by striking the subsection heading and inserting
‘‘AIR CARRIER LIABILITY FOR THIRD PARTY CLAIMS ARISING
OUT OF ACTS OF TERRORISM.—’’;
(B) in the first sentence by striking ‘‘the 180-day period
following the date of enactment of this Act, the Secretary
of Transportation’’ and inserting ‘‘the period beginning on
September 22, 2001, and ending on December 31, 2003,
the Secretary’’; and
(C) in the last sentence by striking ‘‘this paragraph’’
and inserting ‘‘this subsection’’.
SEC. 1202. EXTENSION OF INSURANCE POLICIES.
Section 44302 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(f) EXTENSION OF POLICIES.—
‘‘(1) IN
GENERAL.—The Secretary shall extend through
August 31, 2003, and may extend through December 31, 2003,
the termination date of any insurance policy that the Depart-
ment of Transportation issued to an air carrier under subsection
(a) and that is in effect on the date of enactment of this
subsection on no less favorable terms to the air carrier than
existed on June 19, 2002; except that the Secretary shall amend
the insurance policy, subject to such terms and conditions as
the Secretary may prescribe, to add coverage for losses or
injuries to aircraft hulls, passengers, and crew at the limits
carried by air carriers for such losses and injuries as of such
date of enactment and at an additional premium comparable
to the premium charged for third-party casualty coverage under
such policy.
‘‘(2) SPECIAL RULES.—Notwithstanding paragraph (1)—
‘‘(A) in no event shall the total premium paid by the
air carrier for the policy, as amended, be more than twice
H. R. 5005—153
the premium that the air carrier was paying to the Depart-
ment of Transportation for its third party policy as of
June 19, 2002; and
‘‘(B) the coverage in such policy shall begin with the
first dollar of any covered loss that is incurred.’’.
SEC. 1203. CORRECTION OF REFERENCE.
Effective November 19, 2001, section 147 of the Aviation and
Transportation Security Act (Public Law 107–71) is amended by
striking ‘‘(b)’’ and inserting ‘‘(c)’’.
SEC. 1204. REPORT.
Not later than 90 days after the date of enactment of this
Act, the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
a report that—
(A) evaluates the availability and cost of commercial
war risk insurance for air carriers and other aviation enti-
ties for passengers and third parties;
(B) analyzes the economic effect upon air carriers and
other aviation entities of available commercial war risk
insurance; and
(C) describes the manner in which the Department
could provide an alternative means of providing aviation
war risk reinsurance covering passengers, crew, and third
parties through use of a risk-retention group or by other
means.
TITLE XIII—FEDERAL WORKFORCE
IMPROVEMENT
Subtitle A—Chief Human Capital Officers
SEC. 1301. SHORT TITLE.
This title may be cited as the ‘‘Chief Human Capital Officers
Act of 2002’’.
SEC. 1302. AGENCY CHIEF HUMAN CAPITAL OFFICERS.
(a) IN GENERAL.—Part II of title 5, United States Code, is
amended by inserting after chapter 13 the following:
‘‘CHAPTER 14—AGENCY CHIEF HUMAN CAPITAL
OFFICERS
‘‘Sec.
‘‘1401. Establishment of agency Chief Human Capital Officers.
‘‘1402. Authority and functions of agency Chief Human Capital Officers.
‘‘§ 1401. Establishment of agency Chief Human Capital Offi-
cers
‘‘The head of each agency referred to under paragraphs (1)
and (2) of section 901(b) of title 31 shall appoint or designate
a Chief Human Capital Officer, who shall—
‘‘(1) advise and assist the head of the agency and other
agency officials in carrying out the agency’s responsibilities
H. R. 5005—154
for selecting, developing, training, and managing a high-quality,
productive workforce in accordance with merit system prin-
ciples;
‘‘(2) implement the rules and regulations of the President
and the Office of Personnel Management and the laws gov-
erning the civil service within the agency; and
‘‘(3) carry out such functions as the primary duty of the
Chief Human Capital Officer.
‘‘§ 1402. Authority and functions of agency Chief Human Cap-
ital Officers
‘‘(a) The functions of each Chief Human Capital Officer shall
include—
‘‘(1) setting the workforce development strategy of the
agency;
‘‘(2) assessing workforce characteristics and future needs
based on the agency’s mission and strategic plan;
‘‘(3) aligning the agency’s human resources policies and
programs with organization mission, strategic goals, and
performance outcomes;
‘‘(4) developing and advocating a culture of continuous
learning to attract and retain employees with superior abilities;
‘‘(5) identifying best practices and benchmarking studies,
and
‘‘(6) applying methods for measuring intellectual capital
and identifying links of that capital to organizational perform-
ance and growth.
‘‘(b) In addition to the authority otherwise provided by this
section, each agency Chief Human Capital Officer—
‘‘(1) shall have access to all records, reports, audits, reviews,
documents, papers, recommendations, or other material that—
‘‘(A) are the property of the agency or are available
to the agency; and
‘‘(B) relate to programs and operations with respect
to which that agency Chief Human Capital Officer has
responsibilities under this chapter; and
‘‘(2) may request such information or assistance as may
be necessary for carrying out the duties and responsibilities
provided by this chapter from any Federal, State, or local
governmental entity.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
chapters for chapters for part II of title 5, United States Code,
is amended by inserting after the item relating to chapter 13
the following:
‘‘14. Agency Chief Human Capital Officers .................................................. 1401’’.
SEC. 1303. CHIEF HUMAN CAPITAL OFFICERS COUNCIL.
(a) ESTABLISHMENT.—There is established a Chief Human Cap-
ital Officers Council, consisting of—
(1) the Director of the Office of Personnel Management,
who shall act as chairperson of the Council;
(2) the Deputy Director for Management of the Office of
Management and Budget, who shall act as vice chairperson
of the Council; and
(3) the Chief Human Capital Officers of Executive depart-
ments and any other members who are designated by the
Director of the Office of Personnel Management.
H. R. 5005—155
(b) FUNCTIONS.—The Chief Human Capital Officers Council
shall meet periodically to advise and coordinate the activities of
the agencies of its members on such matters as modernization
of human resources systems, improved quality of human resources
information, and legislation affecting human resources operations
and organizations.
(c) EMPLOYEE LABOR ORGANIZATIONS AT MEETINGS.—The Chief
Human Capital Officers Council shall ensure that representatives
of Federal employee labor organizations are present at a minimum
of 1 meeting of the Council each year. Such representatives shall
not be members of the Council.
(d) ANNUAL REPORT.—Each year the Chief Human Capital Offi-
cers Council shall submit a report to Congress on the activities
of the Council.
SEC. 1304. STRATEGIC HUMAN CAPITAL MANAGEMENT.
Section 1103 of title 5, United States Code, is amended by
adding at the end the following:
‘‘(c)(1) The Office of Personnel Management shall design a
set of systems, including appropriate metrics, for assessing the
management of human capital by Federal agencies.
‘‘(2) The systems referred to under paragraph (1) shall be
defined in regulations of the Office of Personnel Management and
include standards for—
‘‘(A)(i) aligning human capital strategies of agencies with
the missions, goals, and organizational objectives of those agen-
cies; and
‘‘(ii) integrating those strategies into the budget and stra-
tegic plans of those agencies;
‘‘(B) closing skill gaps in mission critical occupations;
‘‘(C) ensuring continuity of effective leadership through
implementation of recruitment, development, and succession
plans;
‘‘(D) sustaining a culture that cultivates and develops a
high performing workforce;
‘‘(E) developing and implementing a knowledge manage-
ment strategy supported by appropriate investment in training
and technology; and
‘‘(F) holding managers and human resources officers
accountable for efficient and effective human resources manage-
ment in support of agency missions in accordance with merit
system principles.’’.
SEC. 1305. EFFECTIVE DATE.
This subtitle shall take effect 180 days after the date of enact-
ment of this Act.
Subtitle B—Reforms Relating to Federal
Human Capital Management
SEC. 1311. INCLUSION OF AGENCY HUMAN CAPITAL STRATEGIC PLAN-
NING 
IN 
PERFORMANCE 
PLANS 
AND 
PROGRAMS
PERFORMANCE REPORTS.
(a) PERFORMANCE PLANS.—Section 1115 of title 31, United
States Code, is amended—
H. R. 5005—156
(1) in subsection (a), by striking paragraph (3) and inserting
the following:
‘‘(3) provide a description of how the performance goals
and objectives are to be achieved, including the operation proc-
esses, training, skills and technology, and the human, capital,
information, and other resources and strategies required to
meet those performance goals and objectives.’’;
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following:
‘‘(f) With respect to each agency with a Chief Human Capital
Officer, the Chief Human Capital Officer shall prepare that portion
of the annual performance plan described under subsection (a)(3).’’.
(b) PROGRAM PERFORMANCE REPORTS.—Section 1116(d) of title
31, United States Code, is amended—
(1) in paragraph (4), by striking ‘‘and’’ after the semicolon;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
‘‘(5) include a review of the performance goals and evalua-
tion of the performance plan relative to the agency’s strategic
human capital management; and’’.
SEC. 1312. REFORM OF THE COMPETITIVE SERVICE HIRING PROCESS.
(a) IN GENERAL.—Chapter 33 of title 5, United States Code,
is amended—
(1) in section 3304(a)—
(A) in paragraph (1), by striking ‘‘and’’ after the semi-
colon;
(B) in paragraph (2), by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end of the following:
‘‘(3) authority for agencies to appoint, without regard to
the provision of sections 3309 through 3318, candidates directly
to positions for which—
‘‘(A) public notice has been given; and
‘‘(B) the Office of Personnel Management has deter-
mined that there exists a severe shortage of candidates
or there is a critical hiring need.
The Office shall prescribe, by regulation, criteria for identifying
such positions and may delegate authority to make determinations
under such criteria.’’; and
(2) by inserting after section 3318 the following:
‘‘§ 3319. Alternative ranking and selection procedures
‘‘(a) The Office, in exercising its authority under section 3304,
or an agency to which the Office has delegated examining authority
under section 1104(a)(2), may establish category rating systems
for evaluating applicants for positions in the competitive service,
under 2 or more quality categories based on merit consistent with
regulations prescribed by the Office of Personnel Management,
rather than assigned individual numerical ratings.
‘‘(b) Within each quality category established under subsection
(a), preference-eligibles shall be listed ahead of individuals who
are not preference eligibles. For other than scientific and profes-
sional positions at GS–9 of the General Schedule (equivalent or
higher), qualified preference-eligibles who have a compensable
service-connected disability of 10 percent or more shall be listed
in the highest quality category.
H. R. 5005—157
‘‘(c)(1) An appointing official may select any applicant in the
highest quality category or, if fewer than 3 candidates have been
assigned to the highest quality category, in a merged category
consisting of the highest and the second highest quality categories.
‘‘(2) Notwithstanding paragraph (1), the appointing official may
not pass over a preference-eligible in the same category from which
selection is made, unless the requirements of section 3317(b) or
3318(b), as applicable, are satisfied.
‘‘(d) Each agency that establishes a category rating system
under this section shall submit in each of the 3 years following
that establishment, a report to Congress on that system including
information on—
‘‘(1) the number of employees hired under that system;
‘‘(2) the impact that system has had on the hiring of vet-
erans and minorities, including those who are American Indian
or Alaska Natives, Asian, Black or African American, and
native Hawaiian or other Pacific Islanders; and
‘‘(3) the way in which managers were trained in the
administration of that system.
‘‘(e) The Office of Personnel Management may prescribe such
regulations as it considers necessary to carry out the provisions
of this section.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
sections for chapter 33 of title 5, United States Code, is amended
by striking the item relating to section 3319 and inserting the
following:
‘‘3319. Alternative ranking and selection procedures.’’.
SEC. 1313. PERMANENT EXTENSION, REVISION, AND EXPANSION OF
AUTHORITIES FOR USE OF VOLUNTARY SEPARATION
INCENTIVE PAY AND VOLUNTARY EARLY RETIREMENT.
(a) VOLUNTARY SEPARATION INCENTIVE PAYMENTS.—
(1) IN GENERAL.—
(A) AMENDMENT TO TITLE 5, UNITED STATES CODE.—
Chapter 35 of title 5, United States Code, is amended
by inserting after subchapter I the following:
‘‘SUBCHAPTER II—VOLUNTARY SEPARATION INCENTIVE
PAYMENTS
‘‘§ 3521. Definitions
‘‘In this subchapter, the term—
‘‘(1) ‘agency’ means an Executive agency as defined under
section 105; and
‘‘(2) ‘employee’—
‘‘(A) means an employee as defined under section 2105
employed by an agency and an individual employed by
a county committee established under section 8(b)(5) of
the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590h(b)(5)) who—
‘‘(i) is serving under an appointment without time
limitation; and
‘‘(ii) has been currently employed for a continuous
period of at least 3 years; and
‘‘(B) shall not include—
H. R. 5005—158
‘‘(i) a reemployed annuitant under subchapter III
of chapter 83 or 84 or another retirement system for
employees of the Government;
‘‘(ii) an employee having a disability on the basis
of which such employee is or would be eligible for
disability retirement under subchapter III of chapter
83 or 84 or another retirement system for employees
of the Government;
‘‘(iii) an employee who is in receipt of a decision
notice of involuntary separation for misconduct or
unacceptable performance;
‘‘(iv) an employee who has previously received any
voluntary separation incentive payment from the Fed-
eral Government under this subchapter or any other
authority;
‘‘(v) an employee covered by statutory reemploy-
ment rights who is on transfer employment with
another organization; or
‘‘(vi) any employee who—
‘‘(I) during the 36-month period preceding the
date of separation of that employee, performed
service for which a student loan repayment benefit
was or is to be paid under section 5379;
‘‘(II) during the 24-month period preceding the
date of separation of that employee, performed
service for which a recruitment or relocation bonus
was or is to be paid under section 5753; or
‘‘(III) during the 12-month period preceding
the date of separation of that employee, performed
service for which a retention bonus was or is to
be paid under section 5754.
‘‘§ 3522. Agency plans; approval
‘‘(a) Before obligating any resources for voluntary separation
incentive payments, the head of each agency shall submit to the
Office of Personnel Management a plan outlining the intended
use of such incentive payments and a proposed organizational chart
for the agency once such incentive payments have been completed.
‘‘(b) The plan of an agency under subsection (a) shall include—
‘‘(1) the specific positions and functions to be reduced or
eliminated;
‘‘(2) a description of which categories of employees will
be offered incentives;
‘‘(3) the time period during which incentives may be paid;
‘‘(4) the number and amounts of voluntary separation incen-
tive payments to be offered; and
‘‘(5) a description of how the agency will operate without
the eliminated positions and functions.
‘‘(c) The Director of the Office of Personnel Management shall
review each agency’s plan an may make any appropriate modifica-
tions in the plan, in consultation with the Director of the Office
of Management and Budget. A plan under this section may not
be implemented without the approval of the Directive of the Office
of Personnel Management.
H. R. 5005—159
‘‘§ 3523. Authority to provide voluntary separation incentive
payments
‘‘(a) A voluntary separation incentive payment under this sub-
chapter may be paid to an employee only as provided in the plan
of an agency established under section 3522.
‘‘(b) A voluntary incentive payment—
‘‘(1) shall be offered to agency employees on the basis
of—
‘‘(A) 1 or more organizational units;
‘‘(B) 1 or more occupational series or levels;
‘‘(C) 1 or more geographical locations;
‘‘(D) skills, knowledge, or other factors related to a
position;
‘‘(E) specific periods of time during which eligible
employees may elect a voluntary incentive payment; or
‘‘(F) any appropriate combination of such factors;
‘‘(2) shall be paid in a lump sum after the employee’s
separation;
‘‘(3) shall be equal to the lesser of—
‘‘(A) an amount equal to the amount the employee
would be entitled to receive under section 5595(c) if the
employee were entitled to payment under such section
(without adjustment for any previous payment made); or
‘‘(B) an amount determined by the agency head, not
to exceed $25,000;
‘‘(4) may be made only in the case of an employee who
voluntarily separates (whether by retirement or resignation)
under this subchapter;
‘‘(5) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
‘‘(6) shall not be taken into account in determining the
amount of any severance pay to which the employee may be
entitled under section 5595, based on another other separation;
and
‘‘(7) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
‘‘§ 3524. Effect of subsequent employment with the Govern-
ment
‘‘(a) The term ‘employment’—
‘‘(1) in subsection (b) includes employment under a personal
services contract (or other direct contract) with the United
States Government (other than an entity in the legislative
branch); and
‘‘(2) in subsection (c) does not include employment under
such a contract.
‘‘(b) An individual who has received a voluntary separation
incentive payment under this subchapter and accepts any employ-
ment for compensation with the Government of the United States
with 5 years after the date of the separation on which the payment
is based shall be required to pay, before the individual’s first day
of employment, the entire amount of the incentive payment to
the agency that paid the incentive payment.
‘‘(c)(1) If the employment under this section is with an agency,
other than the General Accounting Office, the United States Postal
Service, or the Postal Rate Commission, the Director of the Office
H. R. 5005—160
of Personnel Management may, at the request of the head of the
agency, may waive the repayment if—
‘‘(A) the individual involved possesses unique abilities and
is the only qualified applicant available for the position; or
‘‘(B) in case of an emergency involving a direct threat
to life or property, the individual—
‘‘(i) has skills directly related to resolving the emer-
gency; and
‘‘(ii) will serve on a temporary basis only so long as
that individual’s services are made necessary by the emer-
gency.
‘‘(2) If the employment under this section is with an entity
in the legislative branch, the head of the entity or the appointing
official may waive the repayment if the individual involved pos-
sesses unique abilities and is the only qualified applicant available
for the position.
‘‘(3) If the employment under this section is with the judicial
branch, the Director of the Administrative Office of the United
States Courts may waive the repayment if the individual involved
possesses unique abilities and is the only qualified applicant avail-
able for the position.
‘‘§ 3525. Regulations
‘‘The Office of Personnel Management may prescribe regula-
tions to carry out this subchapter.’’.
(B) TECHNICAL
AND
CONFORMING
AMENDMENTS.—
Chapter 35 of title 5, United States Code, is amended—
(i) by striking the chapter heading and inserting
the following:
‘‘CHAPTER 35—RETENTION PREFERENCE, VOLUNTARY
SEPARATION INCENTIVE PAYMENTS, RESTORATION,
AND REEMPLOYMENT’’;
and
(ii) in the table of sections by inserting after the
item relating to section 3504 the following:
‘‘SUBCHAPTER II—VOLUNTARY SEPARATION INCENTIVE PAYMENTS
‘‘3521. Definitions.
‘‘3522. Agency plans; approval.
‘‘3523. Authority to provide voluntary separation incentive payments.
‘‘3524. Effect of subsequent employment with the Government.
‘‘3525. Regulations.’’.
(2) ADMINISTRATIVE
OFFICE
OF
THE
UNITED
STATES
COURTS.—The Director of the Administrative Office of the
United States Courts may, by regulation, establish a program
substantially similar to the program established under para-
graph (1) for individuals serving in the judicial branch.
(3) CONTINUATION OF OTHER AUTHORITY.—Any agency exer-
cising any voluntary separation incentive authority in effect
on the effective date of this subsection may continue to offer
voluntary separation incentives consistent with that authority
until that authority expires.
(4) EFFECTIVE DATE.—This subsection shall take effect 60
days after the date of enactment of this Act.
(b) FEDERAL EMPLOYEE VOLUNTARY EARLY RETIREMENT.—
(1) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8336(d)(2)
of title 5, United States Code, is amended to read as follows:
H. R. 5005—162
function, or other substantial workforce restructuring
(or shaping);
‘‘(II) a significant percentage of employees serving
in such agency (or component) are likely to be sepa-
rated or subject to an immediate reduction in the rate
of basic pay (without regard to subchapter VI of chapter
53, or comparable provisions); or
‘‘(III) identified as being in positions which are
becoming surplus or excess to the agency’s future
ability to carry out its mission effectively; and
‘‘(v) as determined by the agency under regulations
prescribed by the Office, is within the scope of the offer
of voluntary early retirement, which may be made on the
basis of—
‘‘(I) 1 or more organizational units;
‘‘(II) 1 or more occupational series or levels;
‘‘(III) 1 or more geographical locations;
‘‘(IV) specific periods;
‘‘(V) skills, knowledge, or other factors related to
a position; or
‘‘(VI) any appropriate combination of such factors.’’.
(3) GENERAL ACCOUNTING OFFICE AUTHORITY.—The amend-
ments made by this subsection shall not be construed to affect
the authority under section 1 of Public Law 106–303 (5 U.S.C.
8336 note; 114 State. 1063).
(4) TECHNICAL
AND
CONFORMING
AMENDMENTS.—Section
7001 of the 1998 Supplemental Appropriations and Rescissions
Act (Public Law 105–174; 112 Stat. 91) is repealed.
(5) REGULATIONS.—The Office of Personnel Management
may prescribe regulations to carry out this subsection.
(c) SENSE
OF CONGRESS.—It is the sense of Congress that
the implementation of this section is intended to reshape the Fed-
eral workforce and not downsize the Federal workforce.
SEC. 1314. STUDENT VOLUNTEER TRANSIT SUBSIDY.
(a) IN GENERAL.—Section 7905(a)(1) of title 5, United States
Code, is amended by striking ‘‘and a member of a uniformed service’’
and inserting ‘‘, a member of a uniformed service, and a student
who provides voluntary services under section 3111’’.
(b) 
TECHNICAL
AND
CONFORMING
AMENDMENT.—Section
3111(c)(1) of title 5, United States Code, is amended by striking
‘‘chapter 81 of this title’’ and inserting ‘‘section 7905 (relating to
commuting by means other than single-occupancy motor vehicles),
chapter 81’’.
Subtitle C—Reforms Relating to the Senior
Executive Service
SEC. 1321. REPEAL OF RECERTIFICATION REQUIREMENTS OF SENIOR
EXECUTIVES.
(a) IN GENERAL.—Title 5, United States Code, is amended—
(1) in chapter 33—
(A) in section 3393(g) by striking ‘‘3393a’’;
(B) by repealing section 3393a; and
(C) in the table of sections by striking the item relating
to section 3393a;
H. R. 5005—163
(2) in chapter 35—
(A) in section 3592(a)—
(i) in paragraph (1), by inserting ‘‘or’’ at the end;
(ii) in paragraph (2), by striking ‘‘or’’ at the end;
(iii) by striking paragraph (3); and
(iv) by striking the last sentence;
(B) in section 3593(a), by striking paragraph (2) and
inserting the following:
‘‘(2) the appointee left the Senior Executive Service for
reasons other than misconduct, neglect of duty, malfeasance,
or less than fully successful executive performance as deter-
mined under subchapter II of chapter 43.’’; and
(C) in section 3594(b)—
(i) in paragraph (1), by inserting ‘‘or’’ at the end;
(ii) in paragraph (2), by striking ‘‘or’’ at the end;
and
(iii) by striking paragraph (3);
(3) in section 7701(c)(1)(A), by striking ‘‘or removal from
the Senior Executive Service for failure to be recertified under
section 3393a’’;
(4) in chapter 83—
(A) in section 8336(h)(1), by striking ‘‘for failure to
be recertified as a senior executive under section 3393a
or’’; and
(B) in section 8339(h), in the first sentence, by striking
‘‘, except that such reduction shall not apply in the case
of an employee retiring under section 8336(h) for failure
to be recertified as a senior executive’’; and
(5) in chapter 84—
(A) in section 8414(a)(1), by striking ‘‘for failure to
be recertified as a senior executive under section 3393a
or’’; and
(B) in section 8421(a)(2), by striking ‘‘, except that
an individual entitled to an annuity under section 8414(a)
for failure to be recertified as a senior executive shall
be entitled to an annuity supplement without regard to
such applicable retirement age’’.
(b) SAVINGS PROVISION.—Notwithstanding the amendments
made by subsection (a)(2)(A), an appeal under the final sentence
of section 3592(a) of title 5, United States Code, that is pending
on the day before the effective date of this section—
(1) shall not abate by reason of the enactment of the
amendments made by subsection (a)(2)(A); and
(2) shall continue as if such amendments had not been
enacted.
(c) APPLICATION.—The amendment made by subsection (a)(2)(B)
shall not apply with respect to an individual who, before the effec-
tive date of this section, leaves the Senior Executive Service for
failure to be recertified as a senior executive under section 3393a
of title 5, United States Code.
SEC. 1322. ADJUSTMENT OF LIMITATION ON TOTAL ANNUAL COM-
PENSATION.
(a) IN GENERAL.—Section 5307 of title 5, United States Code,
is amended by adding at the end the following:
‘‘(d)(1) Notwithstanding any other provision of this section,
subsection (a)(1) shall be applied by substituting ‘the total annual
H. R. 5005—164
compensation payable to the Vice President under section 104 of
title 3’ for ‘the annual rate of basic pay payable for level I of
the Executive Schedule’ in the case of any employee who—
‘‘(A) is paid under section 5376 or 5383 of this title or
section 332(f), 603, or 604 of title 28; and
‘‘(B) holds a position in or under an agency which is
described in paragraph (2).
‘‘(2) An agency described in this paragraph is any agency which,
for purposes of the calendar year involved, has been certified under
this subsection as having a performance appraisal system which
(as designed and applied) makes meaningful distinctions based
on relative performance.
‘‘(3)(A) The Office of Personnel Management and the Office
of Management and Budget jointly shall promulgate such regula-
tions as may be necessary to carry out this subsection, including
the criteria and procedures in accordance with which any deter-
minations under this subsection shall be made.
‘‘(B) An agency’s certification under this subsection shall be
for a period of 2 calendar years, except that such certification
may be terminated at any time, for purposes of either or both
of those years, upon a finding that the actions of such agency
have not remained in conformance with applicable requirements.
‘‘(C) Any certification or decertification under this subsection
shall be made by the Office of Personnel Management, with the
concurrence of the Office of Management and Budget.
‘‘(4) Notwithstanding any provision of paragraph (3), any regu-
lations, certifications, or other measures necessary to carry out
this subsection with respect to employees within the judicial branch
shall be the responsibility of the Director of the Administrative
Office of the United States Courts. However, the regulations under
this paragraph shall be consistent with those promulgated under
paragraph (3).’’.
(b) CONFORMING AMENDMENTS.—(1) Section 5307(a) of title 5,
United States Code, is amended by inserting ‘‘or as otherwise pro-
vided under subsection (d),’’ after ‘‘under law,’’.
(2) Section 5307(c) of such title is amended by striking ‘‘this
section,’’ and inserting ‘‘this section (subject to subsection (d)),’’.
Subtitle D—Academic Training
SEC. 1331. ACADEMIC TRAINING.
(a) ACADEMIC DEGREE TRAINING.—Section 4107 of title 5,
United States Code, is amended to read as follows:
‘‘§ 4107. Academic degree training
‘‘(a) Subject to subsection (b), an agency may select and assign
an employee to academic degree training and may pay or reimburse
the costs of academic degree training from appropriated or other
available funds if such training—
‘‘(1) contributes significantly to—
‘‘(A) meeting an identified agency training need;
‘‘(B) resolving an identified agency staffing problem;
or
‘‘(C) accomplishing goals in the strategic plan of the
agency;
H. R. 5005—165
‘‘(2) is part of a planned, systemic, and coordinated agency
employee development program linked to accomplishing the
strategic goals of the agency; and
‘‘(3) is accredited and is provided by a college or university
that is accredited by a nationally recognized body.
‘‘(b) In exercising authority under subsection (a), an agency
shall—
‘‘(1) consistent with the merit system principles set forth
in paragraphs (2) and (7) of section 2301(b), take into consider-
ation the need to—
‘‘(A) maintain a balanced workforce in which women,
members of racial and ethnic minority groups, and persons
with disabilities are appropriately represented in Govern-
ment service; and
‘‘(B) provide employees effective education and training
to improve organizational and individual performance;
‘‘(2) assure that the training is not for the sole purpose
of providing an employee an opportunity to obtain an academic
degree or qualify for appointment to a particular position for
which the academic degree is a basic requirement;
‘‘(3) assure that no authority under this subsection is exer-
cised on behalf of any employee occupying or seeking to qualify
for—
‘‘(A) a noncareer appointment in the senior Executive
Service; or
‘‘(B) appointment to any position that is excepted from
the competitive service because of its confidential policy-
determining, policy-making or policy-advocating character;
and
‘‘(4) to the greatest extent practicable, facilitate the use
of online degree training.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
sections for chapter 41 of title 5, United States Code, is amended
by striking the item relating to section 4107 and inserting the
following:
‘‘4107. Academic degree training.’’.
SEC. 1332. MODIFICATIONS TO NATIONAL SECURITY EDUCATION PRO-
GRAM.
(a) FINDINGS AND POLICIES.—
(1) FINDINGS.—Congress finds that—
(A) the United States Government actively encourages
and financially supports the training, education, and
development of many United States citizens;
(B) as a condition of some of those supports, many
of those citizens have an obligation to seek either com-
pensated or uncompensated employment in the Federal
sector; and
(C) it is in the United States national interest to maxi-
mize the return to the Nation of funds invested in the
development of such citizens by seeking to employ them
in the Federal sector.
(2) POLICY.—It shall be the policy of the United States
Government to—
(A) establish procedures for ensuring that United
States citizens who have incurred service obligations as
the result of receiving financial support for education and
H. R. 5005—166
training from the United States Government and have
applied for Federal positions are considered in all recruit-
ment and hiring initiatives of Federal departments,
bureaus, agencies, and offices; and
(B) advertise and open all Federal positions to United
States citizens who have incurred service obligations with
the United States Government as the result of receiving
financial support for education and training from the
United States Government.
(b) FULFILLMENT OF SERVICE REQUIREMENT IF NATIONAL SECU-
RITY POSITIONS ARE UNAVAILABLE.—Section 802(b)(2) of the David
L. Boren National Security Education Act of 1991 (50 U.S.C. 1902)
is amended—
(1) in subparagraph (A), by striking clause (ii) and inserting
the following:
‘‘(ii) if the recipient demonstrates to the Secretary
(in accordance with such regulations) that no national
security position in an agency or office of the Federal
Government having national security responsibilities
is available, work in other offices or agencies of the
Federal Government or in the field of higher education
in a discipline relating to the foreign country, foreign
language, area study, or international field of study
for which the scholarship was awarded, for a period
specified by the Secretary, which period shall be deter-
mined in accordance with clause (i); or’’; and
(2) in subparagraph (B), by striking clause (ii) and inserting
the following:
‘‘(ii) if the recipient demonstrates to the Secretary
(in accordance with such regulations) that no national
security position is available upon the completion of
the degree, work in other offices or agencies of the
Federal Government or in the field of higher education
in a discipline relating to foreign country, foreign lan-
guage, area study, or international field of study for
which the fellowship was awarded, for a period speci-
fied by the Secretary, which period shall be determined
in accordance with clause (i); and’’.
TITLE XIV—ARMING PILOTS AGAINST
TERRORISM
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Arming Pilots Against Terrorism
Act’’.
SEC. 1402. FEDERAL FLIGHT DECK OFFICER PROGRAM.
(a) IN GENERAL.—Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
‘‘§ 44921. Federal flight deck officer program
‘‘(a) ESTABLISHMENT.—The Under Secretary of Transportation
for Security shall establish a program to deputize volunteer pilots
of air carriers providing passenger air transportation or intrastate
passenger air transportation as Federal law enforcement officers
to defend the flight decks of aircraft of such air carriers against
H. R. 5005—167
acts of criminal violence or air piracy. Such officers shall be known
as ‘Federal flight deck officers’.
‘‘(b) PROCEDURAL REQUIREMENTS.—
‘‘(1) IN GENERAL.—Not later than 3 months after the date
of enactment of this section, the Under Secretary shall establish
procedural requirements to carry out the program under this
section.
‘‘(2) COMMENCEMENT OF PROGRAM.—Beginning 3 months
after the date of enactment of this section, the Under Secretary
shall begin the process of training and deputizing pilots who
are qualified to be Federal flight deck officers as Federal flight
deck officers under the program.
‘‘(3) ISSUES
TO
BE
ADDRESSED.—The procedural require-
ments established under paragraph (1) shall address the fol-
lowing issues:
‘‘(A) The type of firearm to be used by a Federal flight
deck officer.
‘‘(B) The type of ammunition to be used by a Federal
flight deck officer.
‘‘(C) The standards and training needed to qualify and
requalify as a Federal flight deck officer.
‘‘(D) The placement of the firearm of a Federal flight
deck officer on board the aircraft to ensure both its security
and its ease of retrieval in an emergency.
‘‘(E) An analysis of the risk of catastrophic failure
of an aircraft as a result of the discharge (including an
accidental discharge) of a firearm to be used in the program
into the avionics, electrical systems, or other sensitive areas
of the aircraft.
‘‘(F) The division of responsibility between pilots in
the event of an act of criminal violence or air piracy if
only 1 pilot is a Federal flight deck officer and if both
pilots are Federal flight deck officers.
‘‘(G) Procedures for ensuring that the firearm of a
Federal flight deck officer does not leave the cockpit if
there is a disturbance in the passenger cabin of the aircraft
or if the pilot leaves the cockpit for personal reasons.
‘‘(H) Interaction between a Federal flight deck officer
and a Federal air marshal on board the aircraft.
‘‘(I) The process for selection of pilots to participate
in the program based on their fitness to participate in
the program, including whether an additional background
check should be required beyond that required by section
44936(a)(1).
‘‘(J) Storage and transportation of firearms between
flights, including international flights, to ensure the secu-
rity of the firearms, focusing particularly on whether such
security would be enhanced by requiring storage of the
firearm at the airport when the pilot leaves the airport
to remain overnight away from the pilot’s base airport.
‘‘(K) Methods for ensuring that security personnel will
be able to identify whether a pilot is authorized to carry
a firearm under the program.
‘‘(L) Methods for ensuring that pilots (including Federal
flight deck officers) will be able to identify whether a pas-
senger is a law enforcement officer who is authorized to
carry a firearm aboard the aircraft.
H. R. 5005—168
‘‘(M) Any other issues that the Under Secretary con-
siders necessary.
‘‘(N) The Under Secretary’s decisions regarding the
methods for implementing each of the foregoing procedural
requirements shall be subject to review only for abuse
of discretion.
‘‘(4) PREFERENCE.—In selecting pilots to participate in the
program, the Under Secretary shall give preference to pilots
who are former military or law enforcement personnel.
‘‘(5) CLASSIFIED
INFORMATION.—Notwithstanding section
552 of title 5 but subject to section 40119 of this title, informa-
tion developed under paragraph (3)(E) shall not be disclosed.
‘‘(6) NOTICE TO CONGRESS.—The Under Secretary shall pro-
vide notice to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate after
completing the analysis required by paragraph (3)(E).
‘‘(7) MINIMIZATION OF RISK.—If the Under Secretary deter-
mines as a result of the analysis under paragraph (3)(E) that
there is a significant risk of the catastrophic failure of an
aircraft as a result of the discharge of a firearm, the Under
Secretary shall take such actions as may be necessary to mini-
mize that risk.
‘‘(c) TRAINING, SUPERVISION, AND EQUIPMENT.—
‘‘(1) IN GENERAL.—The Under Secretary shall only be obli-
gated to provide the training, supervision, and equipment nec-
essary for a pilot to be a Federal flight deck officer under
this section at no expense to the pilot or the air carrier
employing the pilot.
‘‘(2) TRAINING.—
‘‘(A) IN GENERAL.—The Under Secretary shall base the
requirements for the training of Federal flight deck officers
under subsection (b) on the training standards applicable
to Federal air marshals; except that the Under Secretary
shall take into account the differing roles and responsibil-
ities of Federal flight deck officers and Federal air mar-
shals.
‘‘(B) ELEMENTS.—The training of a Federal flight deck
officer shall include, at a minimum, the following elements:
‘‘(i) Training to ensure that the officer achieves
the level of proficiency with a firearm required under
subparagraph (C)(i).
‘‘(ii) Training to ensure that the officer maintains
exclusive control over the officer’s firearm at all times,
including training in defensive maneuvers.
‘‘(iii) Training to assist the officer in determining
when it is appropriate to use the officer’s firearm and
when it is appropriate to use less than lethal force.
‘‘(C) TRAINING IN USE OF FIREARMS.—
‘‘(i) STANDARD.—In order to be deputized as a Fed-
eral flight deck officer, a pilot must achieve a level
of proficiency with a firearm that is required by the
Under Secretary. Such level shall be comparable to
the level of proficiency required of Federal air mar-
shals.
‘‘(ii) CONDUCT OF TRAINING.—The training of a Fed-
eral flight deck officer in the use of a firearm may
H. R. 5005—169
be conducted by the Under Secretary or by a firearms
training facility approved by the Under Secretary.
‘‘(iii) REQUALIFICATION.—The Under Secretary
shall require a Federal flight deck officer to requalify
to carry a firearm under the program. Such requalifica-
tion shall occur at an interval required by the Under
Secretary.
‘‘(d) DEPUTIZATION.—
‘‘(1) IN GENERAL.—The Under Secretary may deputize, as
a Federal flight deck officer under this section, a pilot who
submits to the Under Secretary a request to be such an officer
and whom the Under Secretary determines is qualified to be
such an officer.
‘‘(2) QUALIFICATION.—A pilot is qualified to be a Federal
flight deck officer under this section if—
‘‘(A) the pilot is employed by an air carrier;
‘‘(B) the Under Secretary determines (in the Under
Secretary’s discretion) that the pilot meets the standards
established by the Under Secretary for being such an
officer; and
‘‘(C) the Under Secretary determines that the pilot
has completed the training required by the Under Sec-
retary.
‘‘(3) DEPUTIZATION
BY
OTHER
FEDERAL
AGENCIES.—The
Under Secretary may request another Federal agency to depu-
tize, as Federal flight deck officers under this section, those
pilots that the Under Secretary determines are qualified to
be such officers.
‘‘(4) REVOCATION.—The Under Secretary may, (in the Under
Secretary’s discretion) revoke the deputization of a pilot as
a Federal flight deck officer if the Under Secretary finds that
the pilot is no longer qualified to be such an officer.
‘‘(e) COMPENSATION.—Pilots participating in the program under
this section shall not be eligible for compensation from the Federal
Government for services provided as a Federal flight deck officer.
The Federal Government and air carriers shall not be obligated
to compensate a pilot for participating in the program or for the
pilot’s training or qualification and requalification to carry firearms
under the program.
‘‘(f) AUTHORITY TO CARRY FIREARMS.—
‘‘(1) IN
GENERAL.—The Under Secretary shall authorize
a Federal flight deck officer to carry a firearm while engaged
in providing air transportation or intrastate air transportation.
Notwithstanding subsection (c)(1), the officer may purchase
a firearm and carry that firearm aboard an aircraft of which
the officer is the pilot in accordance with this section if the
firearm is of a type that may be used under the program.
‘‘(2) PREEMPTION.—Notwithstanding any other provision of
Federal or State law, a Federal flight deck officer, whenever
necessary to participate in the program, may carry a firearm
in any State and from 1 State to another State.
‘‘(3) CARRYING FIREARMS OUTSIDE UNITED STATES.—In con-
sultation with the Secretary of State, the Under Secretary
may take such action as may be necessary to ensure that
a Federal flight deck officer may carry a firearm in a foreign
country whenever necessary to participate in the program.
H. R. 5005—170
‘‘(g) AUTHORITY
TO
USE
FORCE.—Notwithstanding section
44903(d), the Under Secretary shall prescribe the standards and
circumstances under which a Federal flight deck officer may use,
while the program under this section is in effect, force (including
lethal force) against an individual in the defense of the flight
deck of an aircraft in air transportation or intrastate air transpor-
tation.
‘‘(h) LIMITATION ON LIABILITY.—
‘‘(1) LIABILITY OF AIR CARRIERS.—An air carrier shall not
be liable for damages in any action brought in a Federal or
State court arising out of a Federal flight deck officer’s use
of or failure to use a firearm.
‘‘(2) LIABILITY OF FEDERAL FLIGHT DECK OFFICERS.—A Fed-
eral flight deck officer shall not be liable for damages in any
action brought in a Federal or State court arising out of the
acts or omissions of the officer in defending the flight deck
of an aircraft against acts of criminal violence or air piracy
unless the officer is guilty of gross negligence or willful mis-
conduct.
‘‘(3) LIABILITY OF FEDERAL GOVERNMENT.—For purposes of
an action against the United States with respect to an act
or omission of a Federal flight deck officer in defending the
flight deck of an aircraft, the officer shall be treated as an
employee of the Federal Government under chapter 171 of
title 28, relating to tort claims procedure.
‘‘(i) PROCEDURES FOLLOWING ACCIDENTAL DISCHARGES.—If an
accidental discharge of a firearm under the pilot program results
in the injury or death of a passenger or crew member on an
aircraft, the Under Secretary—
‘‘(1) shall revoke the deputization of the Federal flight
deck officer responsible for that firearm if the Under Secretary
determines that the discharge was attributable to the neg-
ligence of the officer; and
‘‘(2) if the Under Secretary determines that a shortcoming
in standards, training, or procedures was responsible for the
accidental discharge, the Under Secretary may temporarily sus-
pend the program until the shortcoming is corrected.
‘‘(j) LIMITATION ON AUTHORITY OF AIR CARRIERS.—No air carrier
shall prohibit or threaten any retaliatory action against a pilot
employed by the air carrier from becoming a Federal flight deck
officer under this section. No air carrier shall—
‘‘(1) prohibit a Federal flight deck officer from piloting
an aircraft operated by the air carrier; or
‘‘(2) terminate the employment of a Federal flight deck
officer, solely on the basis of his or her volunteering for or
participating in the program under this section.
‘‘(k) APPLICABILITY.—
‘‘(1) EXEMPTION.—This section shall not apply to air carriers
operating under part 135 of title 14, Code of Federal Regula-
tions, and to pilots employed by such carriers to the extent
that such carriers and pilots are covered by section 135.119
of such title or any successor to such section.
‘‘(2) PILOT DEFINED.—The term ‘pilot’ means an individual
who has final authority and responsibility for the operation
and safety of the flight or, if more than 1 pilot is required
for the operation of the aircraft or by the regulations under
H. R. 5005—171
which the flight is being conducted, the individual designated
as second in command.’’.
(b) CONFORMING AMENDMENTS.—
(1) CHAPTER ANALYSIS.—The analysis for such chapter is
amended by inserting after the item relating to section 44920
the following:
‘‘44921.
Federal flight deck officer program.’’.
(2) FLIGHT DECK SECURITY.—Section 128 of the Aviation
and Transportation Security Act (Public Law 107–71) is
repealed.
(c) FEDERAL AIR MARSHAL PROGRAM.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that
the Federal air marshal program is critical to aviation security.
(2) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in
this Act, including any amendment made by this Act, shall
be construed as preventing the Under Secretary of Transpor-
tation for Security from implementing and training Federal
air marshals.
SEC. 1403. CREW TRAINING.
(a) IN GENERAL.—Section 44918(e) of title 49, United States
Code, is amended—
(1) by striking ‘‘The Administrator’’ and inserting the fol-
lowing:
‘‘(1) IN GENERAL.—The Under Secretary’’;
(2) by adding at the end the following:
‘‘(2) ADDITIONAL REQUIREMENTS.—In updating the training
guidance, the Under Secretary, in consultation with the
Administrator, shall issue a rule to—
‘‘(A) require both classroom and effective hands-on
situational training in the following elements of self
defense:
‘‘(i) recognizing suspicious activities and deter-
mining the seriousness of an occurrence;
‘‘(ii) deterring a passenger who might present a
problem;
‘‘(iii) crew communication and coordination;
‘‘(iv) the proper commands to give to passengers
and attackers;
‘‘(v) methods to subdue and restrain an attacker;
‘‘(vi) use of available items aboard the aircraft
for self-defense;
‘‘(vii) appropriate and effective responses to defend
oneself, including the use of force against an attacker;
‘‘(viii) use of protective devices assigned to crew
members (to the extent such devices are approved by
the Administrator or Under Secretary);
‘‘(ix) the psychology of terrorists to cope with their
behavior and passenger responses to that behavior;
and
‘‘(x) how to respond to aircraft maneuvers that
may be authorized to defend against an act of criminal
violence or air piracy;
‘‘(B) require training in the proper conduct of a cabin
search, including the duty time required to conduct the
search;
H. R. 5005—172
‘‘(C) establish the required number of hours of training
and the qualifications for the training instructors;
‘‘(D) establish the intervals, number of hours, and ele-
ments of recurrent training;
‘‘(E) ensure that air carriers provide the initial training
required by this paragraph within 24 months of the date
of enactment of this subparagraph; and
‘‘(F) ensure that no person is required to participate
in any hands-on training activity that that person believes
will have an adverse impact on his or her health or safety.
‘‘(3) RESPONSIBILITY OF UNDER SECRETARY.—(A) CONSULTA-
TION.—In developing the rule under paragraph (2), the Under
Secretary shall consult with law enforcement personnel and
security experts who have expertise in self-defense training,
terrorism experts, and representatives of air carriers, the pro-
vider of self-defense training for Federal air marshals, flight
attendants, labor organizations representing flight attendants,
and educational institutions offering law enforcement training
programs.
‘‘(B) DESIGNATION OF OFFICIAL.—The Under Secretary shall
designate an official in the Transportation Security Administra-
tion to be responsible for overseeing the implementation of
the training program under this subsection.
‘‘(C) NECESSARY RESOURCES AND KNOWLEDGE.—The Under
Secretary shall ensure that employees of the Administration
responsible for monitoring the training program have the nec-
essary resources and knowledge.’’; and
(3) by aligning the remainder of the text of paragraph
(1) (as designated by paragraph (1) of this section) with para-
graphs (2) and (3) (as added by paragraph (2) of this section).
(b) ENHANCE SECURITY MEASURES.—Section 109(a) of the Avia-
tion and Transportation Security Act (49 U.S.C. 114 note; 115
Stat. 613–614) is amended by adding at the end the following:
‘‘(9) Require that air carriers provide flight attendants with
a discreet, hands-free, wireless method of communicating with
the pilots.’’.
(c) BENEFITS AND RISKS OF PROVIDING FLIGHT ATTENDANTS
WITH NONLETHAL WEAPONS.—
(1) STUDY.—The Under Secretary of Transportation for
Security shall conduct a study to evaluate the benefits and
risks of providing flight attendants with nonlethal weapons
to aide in combating air piracy and criminal violence on
commercial airlines.
(2) REPORT.—Not later than 6 months after the date of
enactment of this Act, the Under Secretary shall transmit
to Congress a report on the results of the study.
SEC. 1404. COMMERCIAL AIRLINE SECURITY STUDY.
(a) STUDY.—The Secretary of Transportation shall conduct a
study of the following:
(1) The number of armed Federal law enforcement officers
(other than Federal air marshals), who travel on commercial
airliners annually and the frequency of their travel.
(2) The cost and resources necessary to provide such officers
with supplemental training in aircraft anti-terrorism training
that is comparable to the training that Federal air marshals
are provided.
H. R. 5005—173
(3) The cost of establishing a program at a Federal law
enforcement training center for the purpose of providing new
Federal law enforcement recruits with standardized training
comparable to the training that Federal air marshals are pro-
vided.
(4) The feasibility of implementing a certification program
designed for the purpose of ensuring Federal law enforcement
officers have completed the training described in paragraph
(2) and track their travel over a 6-month period.
(5) The feasibility of staggering the flights of such officers
to ensure the maximum amount of flights have a certified
trained Federal officer on board.
(b) REPORT.—Not later than 6 months after the date of enact-
ment of this Act, the Secretary shall transmit to Congress a report
on the results of the study. The report may be submitted in classi-
fied and redacted form.
SEC. 1405. AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THAN-
LETHAL WEAPONS.
(a) IN GENERAL.—Section 44903(i) of title 49, United States
Code (as redesignated by section 6 of this Act) is amended by
adding at the end the following:
‘‘(3) REQUEST OF AIR CARRIERS TO USE LESS-THAN-LETHAL
WEAPONS.—If, after the date of enactment of this paragraph,
the Under Secretary receives a request from an air carrier
for authorization to allow pilots of the air carrier to carry
less-than-lethal weapons, the Under Secretary shall respond
to that request within 90 days.’’.
(b) CONFORMING
AMENDMENTS.—Such section is further
amended—
(1) in paragraph (1) by striking ‘‘Secretary’’ the first and
third places it appears and inserting ‘‘Under Secretary’’; and
(2) in paragraph (2) by striking ‘‘Secretary’’ each place
it appears and inserting ‘‘Under Secretary’’.
SEC. 1406. TECHNICAL AMENDMENTS.
Section 44903 of title 49, United States Code, is amended—
(1) by redesignating subsection (i) (relating to short-term
assessment and deployment of emerging security technologies
and procedures) as subsection (j);
(2) by redesignating the second subsection (h) (relating
to authority to arm flight deck crew with less-than-lethal
weapons) as subsection (i); and
(3) by redesignating the third subsection (h) (relating to
limitation on liability for acts to thwart criminal violence for
aircraft piracy) as subsection (k).
TITLE XV—TRANSITION
Subtitle A—Reorganization Plan
SEC. 1501. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘agency’’ includes any entity, organizational
unit, program, or function.
H. R. 5005—174
(2) The term ‘‘transition period’’ means the 12-month period
beginning on the effective date of this Act.
SEC. 1502. REORGANIZATION PLAN.
(a) SUBMISSION OF PLAN.—Not later than 60 days after the
date of the enactment of this Act, the President shall transmit
to the appropriate congressional committees a reorganization plan
regarding the following:
(1) The transfer of agencies, personnel, assets, and obliga-
tions to the Department pursuant to this Act.
(2) Any consolidation, reorganization, or streamlining of
agencies transferred to the Department pursuant to this Act.
(b) PLAN ELEMENTS.—The plan transmitted under subsection
(a) shall contain, consistent with this Act, such elements as the
President deems appropriate, including the following:
(1) Identification of any functions of agencies transferred
to the Department pursuant to this Act that will not be trans-
ferred to the Department under the plan.
(2) Specification of the steps to be taken by the Secretary
to organize the Department, including the delegation or assign-
ment of functions transferred to the Department among officers
of the Department in order to permit the Department to carry
out the functions transferred under the plan.
(3) Specification of the funds available to each agency that
will be transferred to the Department as a result of transfers
under the plan.
(4) Specification of the proposed allocations within the
Department of unexpended funds transferred in connection with
transfers under the plan.
(5) Specification of any proposed disposition of property,
facilities, contracts, records, and other assets and obligations
of agencies transferred under the plan.
(6) Specification of the proposed allocations within the
Department of the functions of the agencies and subdivisions
that are not related directly to securing the homeland.
(c) MODIFICATION OF PLAN.—The President may, on the basis
of consultations with the appropriate congressional committees,
modify or revise any part of the plan until that part of the plan
becomes effective in accordance with subsection (d).
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—The reorganization plan described in this
section, including any modifications or revisions of the plan
under subsection (d), shall become effective for an agency on
the earlier of—
(A) the date specified in the plan (or the plan as
modified pursuant to subsection (d)), except that such date
may not be earlier than 90 days after the date the President
has transmitted the reorganization plan to the appropriate
congressional committees pursuant to subsection (a); or
(B) the end of the transition period.
(2) STATUTORY CONSTRUCTION.—Nothing in this subsection
may be construed to require the transfer of functions, personnel,
records, balances of appropriations, or other assets of an agency
on a single date.
(3) SUPERSEDES EXISTING LAW.—Paragraph (1) shall apply
notwithstanding section 905(b) of title 5, United States Code.
H. R. 5005—175
SEC. 1503. REVIEW OF CONGRESSIONAL COMMITTEE STRUCTURES.
It is the sense of Congress that each House of Congress should
review its committee structure in light of the reorganization of
responsibilities within the executive branch by the establishment
of the Department.
Subtitle B—Transitional Provisions
SEC. 1511. TRANSITIONAL AUTHORITIES.
(a) PROVISION OF ASSISTANCE BY OFFICIALS.—Until the transfer
of an agency to the Department, any official having authority over
or functions relating to the agency immediately before the effective
date of this Act shall provide to the Secretary such assistance,
including the use of personnel and assets, as the Secretary may
request in preparing for the transfer and integration of the agency
into the Department.
(b) SERVICES AND PERSONNEL.—During the transition period,
upon the request of the Secretary, the head of any executive agency
may, on a reimbursable basis, provide services or detail personnel
to assist with the transition.
(c) ACTING
OFFICIALS.—(1) During the transition period,
pending the advice and consent of the Senate to the appointment
of an officer required by this Act to be appointed by and with
such advice and consent, the President may designate any officer
whose appointment was required to be made by and with such
advice and consent and who was such an officer immediately before
the effective date of this Act (and who continues in office) or
immediately before such designation, to act in such office until
the same is filled as provided in this Act. While so acting, such
officers shall receive compensation at the higher of—
(A) the rates provided by this Act for the respective offices
in which they act; or
(B) the rates provided for the offices held at the time
of designation.
(2) Nothing in this Act shall be understood to require the
advice and consent of the Senate to the appointment by the Presi-
dent to a position in the Department of any officer whose agency
is transferred to the Department pursuant to this Act and whose
duties following such transfer are germane to those performed
before such transfer.
(d) TRANSFER OF PERSONNEL, ASSETS, OBLIGATIONS, AND FUNC-
TIONS.—Upon the transfer of an agency to the Department—
(1) the personnel, assets, and obligations held by or avail-
able in connection with the agency shall be transferred to
the Secretary for appropriate allocation, subject to the approval
of the Director of the Office of Management and Budget and
in accordance with the provisions of section 1531(a)(2) of title
31, United States Code; and
(2) the Secretary shall have all functions relating to the
agency that any other official could by law exercise in relation
to the agency immediately before such transfer, and shall have
in addition all functions vested in the Secretary by this Act
or other law.
(e) PROHIBITION ON USE OF TRANSPORTATION TRUST FUNDS.—
(1) IN GENERAL.—Notwithstanding any other provision of
this Act, no funds derived from the Highway Trust Fund,