IB
Union Calendar No. 368
107TH CONGRESS
2D SESSION
H. R. 5005
[Report No. 107–609, Part I]
To establish the Department of Homeland Security, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 24, 2002
Mr. ARMEY (for himself, Mr. HASTERT, Mr. DELAY, Mr. WATTS of Okla-
homa, Mr. COX, Ms. PRYCE of Ohio, Mrs. CUBIN, Mr. TOM DAVIS of Vir-
ginia, Mr. BLUNT, Mr. PORTMAN, Mr. ADERHOLT, Mr. AKIN, Mr.
BALLENGER, Mr. BARR of Georgia, Mr. BASS, Mr. BEREUTER, Mr.
BOEHLERT, Mr. BONILLA, Mrs. BONO, Mr. BRADY of Texas, Mr. BROWN
of South Carolina, Mr. BURTON of Indiana, Mr. BUYER, Mr. CALVERT,
Mr. CAMP, Mr. CANTOR, Mrs. CAPITO, Mr. CASTLE, Mr. CHAMBLISS, Mr.
COOKSEY, Mr. CRENSHAW, Mrs. JO ANN DAVIS of Virginia, Mr. DREIER,
Mr. DEMINT, Ms. DUNN of Washington, Mr. EHRLICH, Mr. ENGLISH,
Mr. FERGUSON, Mr. FORBES, Mr. FOSSELLA, Mr. GANSKE, Mr. GEKAS,
Mr. GIBBONS, Mr. GILMAN, Mr. GILLMOR, Mr. GOODE, Ms. GRANGER,
Mr. GREEN of Wisconsin, Mr. GREENWOOD, Mr. GRUCCI, Mr. HANSEN,
Ms. HARMAN, Ms. HART, Mr. HASTINGS of Washington, Mr. HAYES, Mr.
HAYWORTH, Mr. HEFLEY, Mr. HERGER, Mr. HOEKSTRA, Mr. HORN, Mr.
HOUGHTON, Mr. ISSA, Mr. JENKINS, Mrs. JOHNSON of Connecticut, Mr.
KELLER, Mrs. KELLY, Mr. KING, Mr. KOLBE, Mr. LAHOOD, Mr. LIN-
DER, Mr. MCCRERY, Mr. MCKEON, Mr. MALONEY of Connecticut, Mr.
MANZULLO, Mr. DAN MILLER of Florida, Mr. GARY G. MILLER of Cali-
fornia, Mrs. MORELLA, Mrs. MYRICK, Mr. NUSSLE, Mr. OSBORNE, Mr.
OXLEY, Mr. PICKERING, Mr. PITTS, Mr. PUTNAM, Mr. REHBERG, Mr.
ROHRABACHER, Mr. ROYCE, Mrs. ROUKEMA, Mr. RYUN of Kansas, Mr.
SAXTON, Mr. SCHROCK, Mr. SENSENBRENNER, Mr. SESSIONS, Mr.
SHAW, Mr. SHAYS, Mr. SHERWOOD, Mr. SIMPSON, Mr. SKEEN, Mr.
SOUDER, Mr. SWEENEY, Mr. TANCREDO, Mr. TAUZIN, Mr. THORN-
BERRY, Mr. TIBERI, Mr. UPTON, Mr. SHIMKUS, Mr. WALDEN, Mr.
WAMP, Mr. WELDON of Pennsylvania, Mr. WELLER, Mr. WHITFIELD,
Mr. WICKER, Mrs. WILSON of New Mexico, and Mr. WILSON of South
Carolina) (all by request) introduced the following bill; pursuant to House
Resolution 449, referred to the Select Committee on Homeland Security
for a period to be subsequently determined by the Speaker, and in addi-
tion to the Committees on Agriculture, Appropriations, Armed Services,
Energy and Commerce, Financial Services, Government Reform, Intel-
ligence (Permanent Select), International Relations, the Judiciary,
Science, Transportation and Infrastructure, and Ways and Means, for a
period ending not later than July 12, 2002, in each case for consideration
of such matters as fall within the jurisdiction of the committee concerned
JULY 12, 2002
The Committees on Agriculture, Appropriations, Armed Services, Energy and
Commerce, Financial Services, Government Reform, Intelligence (Perma-
nent Select), International Relations, the Judiciary, Science, Transpor-
tation and Infrastructure, and Ways and Means discharged
JULY 24, 2002
Additional sponsors: Mr. HYDE, Mr. SCHIFF, Mr. PENCE, Mr. BISHOP, and
Mr. VITTER
JULY 24, 2002
Reported from the Select Committee on Homeland Security with an
amendment
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 24, 2002]
A BILL
To establish the Department of Homeland Security, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Homeland Security Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Construction; severability.
Sec. 4. Effective date.
TITLE I—DEPARTMENT OF HOMELAND SECURITY
Sec. 101. Executive department; mission.
Sec. 102. Secretary; functions.
Sec. 103. Other officers.
Sec. 104. National Council of First Responders.
TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE
PROTECTION
Subtitle A—Under Secretary for Information Analysis and Infrastructure
Protection
Sec. 201. Under Secretary for Information Analysis and Infrastructure Protec-
tion.
Sec. 202. Functions transferred.
Sec. 203. Access to information.
Sec. 204. Procedures for sharing information.
Sec. 205. Privacy officer.
Sec. 206. Federal cybersecurity program.
Subtitle B—Intelligence Analysis Center
Sec. 211. Intelligence Analysis Center
Sec. 212. Mission of the Intelligence Analysis Center.
TITLE III—SCIENCE AND TECHNOLOGY
Sec. 301. Under Secretary for Science and Technology.
Sec. 302. Functions transferred.
Sec. 303. Conduct of certain public health-related activities.
Sec. 304. Federally funded research and development center.
Sec. 305. Miscellaneous provisions.
Sec. 306. Homeland Security Science and Technology Coordination Council.
Sec. 307. Conduct of research, development, demonstration, testing and evalua-
tion.
Sec. 308. Transfer of Plum Island Animal Disease Center, Department of Agri-
culture.
TITLE IV—BORDER AND TRANSPORTATION SECURITY
Subtitle A—General Provisions
Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Functions transferred.
Sec. 403. Visa issuance.
Sec. 404. Transfer of certain agricultural inspection functions of the Department
of Agriculture.
Sec. 405. Functions of Administrator of General Services.
Sec. 406. Functions of Transportation Security Administration.
Sec. 407. Preservation of Transportation Security Administration as a distinct
entity.
Sec. 408. Annual assessment of terrorist-related threats to public transportation.
Sec. 409. Explosive detection systems.
Sec. 410. Transportation security.
Subtitle B—Immigration and Nationality Functions
CHAPTER 1—IMMIGRATION ENFORCEMENT
Sec. 411. Transfer of functions to under Secretary for Border and Transportation
Security.
Sec. 412. Establishment of Bureau of Border Security.
Sec. 413. Professional responsibility and quality review.
Sec. 414. Employee discipline.
Sec. 415. Report on improving enforcement functions.
CHAPTER 2—CITIZENSHIP AND IMMIGRATION SERVICES
SUBCHAPTER A—TRANSFERS OF FUNCTIONS
Sec. 421. Establishment of Bureau of Citizenship and Immigration Services.
Sec. 422. Citizenship and Immigration Services Ombudsman.
Sec. 423. Professional responsibility and quality review.
Sec. 424. Employee discipline.
Sec. 425. Office of Immigration Statistics within Bureau of Justice Statistics.
Sec. 426. Preservation of Attorney General’s authority.
Sec. 427. Effective date.
Sec. 428. Transition.
SUBCHAPTER B—OTHER PROVISIONS
Sec. 431. Funding for citizenship and immigration services.
Sec. 432. Backlog elimination.
Sec. 433. Report on improving immigration services.
Sec. 434. Report on responding to fluctuating needs.
Sec. 435. Application of Internet-based technologies.
Sec. 436. Children’s affairs.
CHAPTER 3—GENERAL PROVISIONS
Sec. 441. Abolishment of INS.
Sec. 442. Voluntary separation incentive payments.
Sec. 443. Authority to conduct a demonstration project relating to disciplinary
action.
Sec. 444. Sense of Congress.
Sec. 445. Reports and implementation plans.
Sec. 446. Immigration functions.
Subtitle C—United States Customs Service
Sec. 451. Establishment; Commissioner of Customs.
Sec. 452. Retention of customs revenue functions by Secretary of the Treasury.
Sec. 453. Establishment and implementation of cost accounting system; reports.
Sec. 454. Preservation of Customs funds.
Sec. 455. Separate budget request for Customs.
Sec. 456. Payment of duties and fees.
Sec. 457. Definition.
Sec. 458. GAO report to Congress.
Sec. 459. Allocation of resources by the Secretary.
Sec. 460. Reports to Congress.
Sec. 461. Customs user fees.
TITLE V—EMERGENCY PREPAREDNESS AND RESPONSE
Sec. 501. Under Secretary for Emergency Preparedness and Response.
Sec. 502. Functions transferred.
Sec. 503. Nuclear incident response.
Sec. 504. Definition.
Sec. 505. Conduct of certain public-health related activities.
TITLE VI—MANAGEMENT
Sec. 601. Under Secretary for Management.
Sec. 602. Chief Financial Officer.
Sec. 603. Chief Information Officer.
Sec. 604. Establishment of Office for Civil Rights and Civil Liberties.
TITLE VII—MISCELLANEOUS
Subtitle A—Inspector General
Sec. 701. Authority of the Secretary.
Subtitle B—United States Secret Service
Sec. 711. Functions transferred.
Subtitle C—Critical Infrastructure Information
Sec. 721. Short title.
Sec. 722. Definitions.
Sec. 723. Designation of critical infrastructure protection program.
Sec. 724. Protection of voluntarily shared critical infrastructure information.
Sec. 725. No private right of action.
Subtitle D—Acquisitions
Sec. 731. Research and development projects.
Sec. 732. Personal services.
Sec. 733. Special streamlined acquisition authority.
Sec. 734. Procurements from small businesses.
Subtitle E—Property
Sec. 741. Department headquarters.
Subtitle F—Support Anti-Terrorism by Fostering Effective Technologies Act of
2002 (the SAFETY Act)
Sec. 751. Short title.
Sec. 752. Administration.
Sec. 753. Litigation management.
Sec. 754. Risk management.
Sec. 755. Definitions.
Subtitle G—Other Provisions
Sec. 761. Establishment of human resources management system.
Sec. 762. Advisory committees.
Sec. 763. Reorganization; transfer of appropriations.
Sec. 764. Miscellaneous authorities.
Sec. 765. Military activities.
Sec. 766. Regulatory authority.
Sec. 767. Provisions regarding transfers from Department of Energy.
Sec. 768. Counternarcotics officer.
Sec. 769. Office of International Affairs.
Sec. 770. Prohibition of the terrorism information and prevention system.
Sec. 771. Review of pay and benefit plans.
Sec. 772. Role of the District of Columbia.
Sec. 773. Transfer of the Federal Law Enforcement Training Center.
TITLE VIII—TRANSITION
Subtitle A—Reorganization Plan
Sec. 801. Definitions.
Sec. 802. Reorganization plan.
Subtitle B—Transitional Provisions
Sec. 811. Transitional authorities.
Sec. 812. Savings provisions.
Sec. 813. Terminations.
Sec. 814. Incidental transfers.
Sec. 815. National identification system not authorized.
Sec. 816. Continuity of Inspector General oversight.
Sec. 817. Reference.
TITLE IX—CONFORMING AND TECHNICAL AMENDMENTS
Sec. 901. Inspector General Act of 1978.
Sec. 902. Executive Schedule.
Sec. 903. United States Secret Service.
Sec. 904. Coast Guard.
Sec. 905. Strategic National Stockpile and smallpox vaccine development.
Sec. 906. Biological agent registration; Public Health Service Act.
Sec. 907. Transfer of certain security and law enforcement functions and authori-
ties.
Sec. 908. Transportation security regulations.
Sec. 909. Railroad security laws.
Sec. 910. Office of Science and Technology Policy.
Sec. 911. National Oceanographic Partnership Program.
Sec. 912. Chief Financial Officer.
Sec. 913. Chief Information Officer.
TITLE X—NATIONAL HOMELAND SECURITY COUNCIL
Sec. 1001. National Homeland Security Council.
Sec. 1002. Function.
Sec. 1003. Membership.
Sec. 1004. Other functions and activities.
Sec. 1005. Homeland security budget.
Sec. 1006. Staff composition.
Sec. 1007. Relation to the National Security Council.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Each of the terms ‘‘American homeland’’ and
‘‘homeland’’ means the United States.
(2) The term ‘‘appropriate congressional com-
mittee’’ means any committee of the House of Rep-
resentatives or the Senate having legislative or over-
sight jurisdiction under the Rules of the House of
Representatives or the Senate, respectively, over the
matter concerned.
(3) The term ‘‘assets’’ includes contracts, facili-
ties, property, records, unobligated or unexpended bal-
ances of appropriations, and other funds or resources
(other than personnel).
(4) The term ‘‘critical infrastructure’’ has the
meaning given that term in section 1016(e) of Public
Law 107–56 (42 U.S.C. 5195c(e)).
(5) The term ‘‘Department’’ means the Depart-
ment of Homeland Security.
(6) The term ‘‘emergency response providers’’ in-
cludes Federal, State, and local emergency public
safety, law enforcement, emergency response, emer-
gency medical (including hospital emergency facili-
ties), and related personnel, agencies, and authorities.
(7) The term ‘‘executive agency’’ means an execu-
tive agency and a military department, as defined,
respectively, in sections 105 and 102 of title 5, United
States Code.
(8) The term ‘‘functions’’ includes authorities,
powers, rights, privileges, immunities, programs,
projects, activities, duties, and responsibilities.
(9) The term ‘‘key resources’’ means publicly or
privately controlled resources essential to the minimal
operations of the economy and government.
(10) The term ‘‘local government’’ means—
(A) a county, municipality, city, town,
township, local public authority, school district,
special district, intrastate district, council of
governments (regardless of whether the council of
governments is incorporated as a nonprofit cor-
poration under State law), regional or interstate
government entity, or agency or instrumentality
of a local government;
(B) an Indian tribe or authorized tribal or-
ganization, or Alaska Native village or organiza-
tion; and
(C) a rural community, unincorporated
town or village, or other public entity.
(11) The term ‘‘major disaster’’ has the meaning
given in section 102(2) of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C.
5122).
(12) The term ‘‘personnel’’ means officers and
employees.
(13) The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
(14) The term ‘‘State’’ means any State of the
United States, the District of Columbia, the Common-
wealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, and any possession of the United
States.
(15) The term ‘‘terrorism’’ means any activity
that—
(A) involves an act that—
(i) is dangerous to human life or po-
tentially destructive of critical infrastruc-
ture or key resources; and
(ii) is a violation of the criminal laws
of the United States or of any State or other
subdivision of the United States; and
(B) appears to be intended—
(i) to intimidate or coerce a civilian
population;
(ii) to influence the policy of a govern-
ment by intimidation or coercion; or
(iii) to affect the conduct of a govern-
ment by mass destruction, assassination, or
kidnapping.
(16) The term ‘‘United States’’, when used in a
geographic sense, means any State of the United
States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, any possession of the United States, and any
waters within the jurisdiction of the United States.
SEC. 3. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unen-
forceable by its terms, or as applied to any person or cir-
cumstance, shall be construed so as to give it the maximum
effect permitted by law, unless such holding shall be one
of utter invalidity or unenforceability, in which event such
provision shall be deemed severable from this Act and shall
not affect the remainder thereof, or the application of such
provision to other persons not similarly situated or to other,
dissimilar circumstances.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect thirty days after the date of
enactment or, if enacted within thirty days before January
1, 2003, on January 1, 2003.
TITLE I—DEPARTMENT OF
HOMELAND SECURITY
SEC. 101. EXECUTIVE DEPARTMENT; MISSION.
(a) ESTABLISHMENT.—There is established a Depart-
ment of Homeland Security, as an executive department of
the United States within the meaning of title 5, United
States Code.
(b) MISSION.—
(1) IN GENERAL.—The primary mission of the
Department is to—
(A) prevent terrorist attacks within the
United States;
(B) reduce the vulnerability of the United
States to terrorism;
(C) minimize the damage, and assist in the
recovery, from terrorist attacks that do occur
within the United States;
(D) carry out all functions of entities trans-
ferred to the Department, including by acting as
a focal point regarding natural and manmade
crises and emergency planning;
(E) ensure that the functions of the agencies
and subdivisions within the Department that are
not related directly to securing the homeland are
not diminished or neglected except by a specific
explicit Act of Congress; and
(F) ensure that the overall economic secu-
rity of the United States is not diminished by ef-
forts, activities, and programs aimed at securing
the homeland.
(2) RESPONSIBILITY
FOR INVESTIGATING
AND
PROSECUTING TERRORISM.—Except as specifically
provided by law with respect to entities transferred to
the Department under this Act, primary responsi-
bility for investigating and prosecuting acts of ter-
rorism shall be vested not in the Department, but
rather in Federal, State, and local law enforcement
agencies with jurisdiction over the acts in question.
SEC. 102. SECRETARY; FUNCTIONS.
(a) SECRETARY.—(1) There is a Secretary of Home-
land Security, appointed by the President, by and with the
advice and consent of the Senate.
(2) The Secretary is the head of the Department and
shall have direction, authority, and control over it.
(3) All functions of all officers, employees, and organi-
zational units of the Department are vested in the Sec-
retary.
(b) FUNCTIONS.—The Secretary—
(1) except as otherwise provided by this Act, may
delegate any of the Secretary’s functions to any offi-
cer, employee, or organizational unit of the Depart-
ment;
(2) shall have the authority to make contracts,
grants, and cooperative agreements, and to enter into
agreements with other executive agencies, as may be
necessary and proper to carry out the Secretary’s re-
sponsibilities under this Act or otherwise provided by
law; and
(3) shall take reasonable steps to ensure that in-
formation systems and databases of the Department
are compatible with each other and with appropriate
databases of other Departments.
(c) COORDINATION WITH NON-FEDERAL ENTITIES.—
The Secretary shall coordinate (including the provision of
training and equipment) with State and local government
personnel, agencies, and authorities, with the private sector,
and with other entities, including by—
(1) coordinating with State and local govern-
ment personnel, agencies, and authorities, and with
the private sector, to ensure adequate planning,
equipment, training, and exercise activities;
(2) coordinating and, as appropriate, consoli-
dating, the Federal Government’s communications
and systems of communications relating to homeland
security with State and local government personnel,
agencies, and authorities, the private sector, other en-
tities, and the public; and
(3) distributing or, as appropriate, coordinating
the distribution of, warnings and information to
State and local government personnel, agencies, and
authorities and to the public.
(d) MEETINGS OF NATIONAL SECURITY COUNCIL.—
The Secretary may, subject to the direction of the President,
attend and participate in meetings of the National Security
Council.
(e) ISSUANCE OF REGULATIONS.—The issuance of reg-
ulations by the Secretary shall be governed by the provisions
of chapter 5 of title 5, United States Code, except as specifi-
cally provided in this Act, in laws granting regulatory au-
thorities that are transferred by this Act, and in laws en-
acted after the date of enactment of this Act.
(f) SPECIAL ASSISTANT TO THE SECRETARY.—The
Secretary shall appoint a Special Assistant to the Secretary
who shall be responsible for—
(1) creating and fostering strategic communica-
tions with the private sector to enhance the primary
mission of the Department to protect the American
homeland;
(2) advising the Secretary on the impact of the
Department’s policies, regulations, processes, and ac-
tions on the private sector;
(3) interfacing with other relevant Federal agen-
cies with homeland security missions to assess the im-
pact of these agencies’ actions on the private sector;
(4) creating and managing private sector advi-
sory councils composed of representatives of industries
and associations designated by the Secretary to—
(A) advise the Secretary on private sector
products, applications, and solutions as they re-
late to homeland security challenges; and
(B) advise the Secretary on homeland secu-
rity policies, regulations, processes, and actions
that affect the participating industries and asso-
ciations;
(5) working with Federal laboratories, Federally
funded research and development centers, other Feder-
ally funded organizations, academia, and the private
sector to develop innovative approaches to address
homeland security challenges to produce and deploy
the best available technologies for homeland security
missions;
(6) promoting existing public-private partner-
ships and developing new public-private partnerships
to provide for collaboration and mutual support to
address homeland security challenges; and
(7) assisting in the development and promotion
of private sector best practices to secure critical infra-
structure.
(g) STANDARDS POLICY.—All standards activities of
the Department shall be conducted in accordance with sec-
tion 12(d) of the National Technology Transfer Advance-
ment Act of 1995 (15 U.S.C. 272 note) and Office of Man-
agement and Budget Circular A–119.
SEC. 103. OTHER OFFICERS.
(a) DEPUTY SECRETARY; UNDER SECRETARIES.—
There are the following officers, appointed by the President,
by and with the advice and consent of the Senate:
(1) A Deputy Secretary of Homeland Security,
who shall be the Secretary’s first assistant for pur-
poses of subchapter III of chapter 33 of title 5, United
States Code.
(2) An Under Secretary for Information Anal-
ysis and Infrastructure Protection.
(3) An Under Secretary for Science and Tech-
nology.
(4) An Under Secretary for Border and Trans-
portation Security.
(5) An Under Secretary for Emergency Pre-
paredness and Response.
(6) An Under Secretary for Management.
(7) Not more than four Assistant Secretaries.
(8) A Chief Financial Officer.
(b) INSPECTOR GENERAL.—There is an Inspector Gen-
eral, who shall be appointed as provided in section 3(a)
of the Inspector General Act of 1978.
(c) COMMANDANT OF THE COAST GUARD.—To assist
the Secretary in the performance of the Secretary’s func-
tions, there is a Commandant of the Coast Guard, who shall
be appointed as provided in section 44 of title 14, United
States Code, and who shall report directly to the Secretary.
In addition to such duties as may be provided in this Act
and as assigned to the Commandant by the Secretary, the
duties of the Commandant shall include those required by
section 2 of title 14, United States Code.
(d) OTHER OFFICERS.—To assist the Secretary in the
performance of the Secretary’s functions, there are the fol-
lowing officers, appointed by the President:
(1) A General Counsel, who shall be the chief
legal officer of the Department.
(2) Not more than eight Assistant Secretaries.
(3) A Director of the Secret Service.
(4) A Chief Information Officer.
(e) PERFORMANCE OF SPECIFIC FUNCTIONS.—Subject
to the provisions of this Act, every officer of the Department
shall perform the functions specified by law for the official’s
office or prescribed by the Secretary.
SEC. 104. NATIONAL COUNCIL OF FIRST RESPONDERS.
(a) FINDINGS.—The Congress finds the following:
(1) First responders are key to protecting the
health and safety of our citizens against disasters.
(2) First responders are the Nation’s ready reac-
tion force of dedicated and brave people who save lives
and property when catastrophe strikes.
(3) First responders have the knowledge, train-
ing, and experience to save lives, often under the most
difficult conditions imaginable.
(4) First responders play an important role in
helping to develop and implement advances in life
saving technology.
(5) First responders are uniquely qualified to
advise the Department of Homeland Security on the
role of first responders in defending our Nation
against terrorism.
(b) ESTABLISHMENT AND ADMINISTRATION.—
(1) There is established within the Department of
Homeland Security a National Council of First Re-
sponders (in this section referred to as the ‘‘Council’’).
(2) The President shall appoint the members of
the Council. The Council shall consist of not less than
100 members, no more than 10 of whom may be resi-
dents of the same State. Members of the Council shall
be selected from among the ranks of police, fire-
fighters, emergency medical technicians, rescue work-
ers, and hospital personnel who are employed in com-
munities, tribal governments, and political subdivi-
sions of various regions and population sizes.
(3) The Director of Homeland Security shall ap-
point a Chairman of the Council.
(4) Members shall be appointed to the Council
for a term of 3 years.
(5) Membership shall be staggered to provide
continuity.
(6) The Council shall meet no fewer than 2 times
each year.
(7) Members of the Council shall receive no com-
pensation for service on the Council.
(8) The Secretary shall detail a single employee
from the Department of Homeland Security to the
Council for the purposes of:
(A) Choosing meeting dates and locations.
(B) Coordinating travel.
(C) Other administrative functions as need-
ed.
(c) DUTIES.—The Council shall have the following du-
ties:
(1) Develop a plan to disseminate information
on first response best practices.
(2) Identify and educate the Secretary on the
latest technological advances in the field of first re-
sponse.
(3) Identify probable emerging threats to first re-
sponders.
(4) Identify needed improvements to first re-
sponse techniques and training.
(5) Identify efficient means of communication
and coordination between first responders and local,
State, and Federal officials.
(6) Identify areas in which the Department can
assist first responders.
(7) Evaluate the adequacy and timeliness of re-
sources being made available to local first responders.
(d) REPORTING REQUIREMENT.—The Council shall re-
port to the Congress by October 1 of each year on how first
responders can continue to be most effectively used to meet
the ever-changing challenges of providing homeland security
for the United States.
TITLE II—INFORMATION ANAL-
YSIS AND INFRASTRUCTURE
PROTECTION
Subtitle A—Under Secretary for In-
formation Analysis and Infra-
structure Protection
SEC. 201. UNDER SECRETARY FOR INFORMATION ANALYSIS
AND INFRASTRUCTURE PROTECTION.
The Secretary, acting through the Under Secretary for
Information Analysis and Infrastructure Protection, shall
be responsible for the following:
(1) Conducting analysis of information, includ-
ing foreign intelligence and open source information,
lawfully collected by Federal, State and local law en-
forcement agencies and by elements of the intelligence
community with respect to threats of terrorist acts
against the United States.
(2) Integrating information, intelligence, and in-
telligence analyses to produce and disseminate infra-
structure vulnerability assessments with respect to
such threats.
(3) Identifying priorities for protective and sup-
port measures by the Department, by other executive
agencies, by State and local governments, by the pri-
vate sector, and by other entities.
(4) Reviewing, analyzing, and recommending
improvements in law, policy, and procedure for the
sharing of intelligence and other information with re-
spect to threats against the United States within the
Federal Government and between the Federal Govern-
ment and State and local governments.
(5) Under the direction of the Secretary, devel-
oping a comprehensive national plan to provide for
the security of key resources and critical infrastruc-
tures.
(6) Coordinating with other executive agencies,
State and local government personnel, agencies, and
authorities, and the private sector, to provide advice
on implementation of such comprehensive national
plan.
(7) Supporting the intelligence and information
requirements of the Department.
(8) Administering the Homeland Security Advi-
sory System, exercising primary responsibility for
public advisories relating to terrorist threats, and (in
coordination with other executive agencies) providing
specific warning information to State and local gov-
ernment personnel, agencies, and authorities, the pri-
vate sector, other entities, and the public, as well as
advice about appropriate protective actions and coun-
termeasures.
SEC. 202. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and obliga-
tions of the following:
(1) The National Infrastructure Protection Cen-
ter of the Federal Bureau of Investigation (other than
the Computer Investigations and Operations Section),
including the functions of the Attorney General relat-
ing thereto.
(2) The National Communications System of the
Department of Defense, including the functions of the
Secretary of Defense relating thereto.
(3) The Critical Infrastructure Assurance Office
of the Department of Commerce, including the func-
tions of the Secretary of Commerce relating thereto.
(4) The Energy Security and Assurance Pro-
gram of the Department of Energy, including the Na-
tional Infrastructure Simulation and Analysis Center
and the functions of the Secretary of Energy relating
thereto.
(5) The Federal Computer Incident Response
Center of the General Services Administration, in-
cluding the functions of the Administrator of General
Services relating thereto.
SEC. 203. ACCESS TO INFORMATION.
The Secretary shall have access to all reports, assess-
ments, and analytical information relating to threats of ter-
rorism in the United States and to other areas of responsi-
bility described in section 101(b), and to all information
concerning infrastructure or other vulnerabilities of the
United States to terrorism, whether or not such information
has been analyzed, that may be collected, possessed, or pre-
pared by any executive agency, except as otherwise directed
by the President. The Secretary shall also have access to
other information relating to the foregoing matters that
may be collected, possessed, or prepared by an executive
agency, as the President may further provide. With respect
to the material to which the Secretary has access under this
section—
(1) the Secretary may obtain such material by
request, and may enter into cooperative arrangements
with other executive agencies to share such material
on a regular or routine basis, including requests or
arrangements involving broad categories of material;
(2) regardless of whether the Secretary has made
any request or entered into any cooperative arrange-
ment pursuant to paragraph (1), all executive agen-
cies promptly shall provide to the Secretary—
(A) all reports, assessments, and analytical
information relating to threats of terrorism in
the United States and to other areas of responsi-
bility described in section 101(b);
(B) all information concerning infrastruc-
ture or other vulnerabilities of the United States
to terrorism, whether or not such information
has been analyzed;
(C) all information relating to significant
and credible threats of terrorism in the United
States, whether or not such information has been
analyzed, if the President has provided that the
Secretary shall have access to such information;
and
(D) such other material as the President
may further provide;
(3) the Secretary shall have full access and input
with respect to information from any national col-
laborative information analysis capability (as re-
ferred to in section 924 of the National Defense Au-
thorization Act for Fiscal Year 2002 (Public Law
107–107; 115 Stat. 1199)) established jointly by the
Secretary of Defense and the Director of Central In-
telligence; and
(4) the Secretary shall ensure that any material
received pursuant to this section is protected from un-
authorized disclosure and handled and used only for
the performance of official duties, and that any intel-
ligence information shared under this section shall be
transmitted, retained, and disseminated consistent
with the authority of the Director of Central Intel-
ligence to protect intelligence sources and methods
under the National Security Act and related proce-
dures or, as appropriate, similar authorities of the
Attorney General concerning sensitive law enforce-
ment information.
SEC. 204. PROCEDURES FOR SHARING INFORMATION.
The Secretary shall establish procedures on the use of
information shared under this title that—
(1) limit the redissemination of such information
to ensure that it is not used for an unauthorized pur-
pose;
(2) ensure the security and confidentiality of
such information;
(3) protect the constitutional and statutory
rights of any individuals who are subjects of such in-
formation; and
(4) provide data integrity through the timely re-
moval and destruction of obsolete or erroneous names
and information.
SEC. 205. PRIVACY OFFICER.
The Secretary shall appoint a senior official in the De-
partment to assume primary responsibility for privacy pol-
icy, including—
(1) assuring that the use of information tech-
nologies sustain, and do not erode, privacy protec-
tions relating to the use, collection, and disclosure of
personal information;
(2) assuring that personal information contained
in Privacy Act systems of records is handled in full
compliance with fair information practices as set out
in the Privacy Act of 1974;
(3) evaluating legislative proposals involving col-
lection, use, and disclosure of personal information by
the Federal Government;
(4) conducting a privacy impact assessment of
proposed rules of the Department or that of the De-
partment on the privacy of personal information, in-
cluding the type of personal information collected and
the number of people affected; and
(5) preparing a report to Congress on an annual
basis on activities of the Department that affect pri-
vacy, including complaints of privacy violations, im-
plementation of the Privacy Act of 1974, internal
controls, and other matters.
SEC. 206. FEDERAL CYBERSECURITY PROGRAM.
(a) IN GENERAL.—The Secretary, acting through the
Under Secretary for Information Analysis and Infrastruc-
ture Protection, shall establish and manage a program to
improve the security of Federal critical information sys-
tems, including carrying out responsibilities under para-
graphs (1) and (2) of section 201 that relate to such systems.
(b) DUTIES.—The duties of the Secretary under sub-
section (a) are—
(1) to evaluate the increased use by civilian exec-
utive agencies of techniques and tools to enhance the
security of Federal critical information systems, in-
cluding, as appropriate, consideration of cryptog-
raphy;
(2) to provide assistance to civilian executive
agencies in protecting the security of Federal critical
information systems, including identification of sig-
nificant risks to such systems; and
(3) to coordinate research and development for
critical information systems relating to supervisory
control and data acquisition systems, including, as
appropriate, the establishment of a test bed.
(c) 
FEDERAL
INFORMATION
SYSTEM
SECURITY
TEAM.—
(1) IN
GENERAL.—In carrying out subsection
(b)(2), the Secretary shall establish, manage, and sup-
port a Federal information system security team
whose purpose is to provide technical expertise to ci-
vilian executive agencies to assist such agencies in se-
curing Federal critical information systems by con-
ducting information security audits of such systems,
including conducting tests of the effectiveness of infor-
mation security control techniques and performing
logical access control tests of interconnected computer
systems and networks, and related vulnerability as-
sessment techniques.
(2) TEAM MEMBERS.—The Secretary shall ensure
that the team under paragraph (1) includes technical
experts and auditors, computer scientists, and com-
puter forensics analysts whose technical competence
enables the team to conduct audits under such para-
graph.
(3) AGENCY AGREEMENTS REGARDING AUDITS.—
Each civilian executive agency may enter into an
agreement with the team under paragraph (1) for the
conduct of audits under such paragraph of the Fed-
eral critical information systems of the agency. Such
agreement shall establish the terms of the audit and
shall include provisions to minimize the extent to
which the audit disrupts the operations of the agency.
(4) REPORTS.—Promptly after completing an
audit under paragraph (1) of a civilian executive
agency, the team under such paragraph shall prepare
a report summarizing the findings of the audit and
making recommendations for corrective action. Such
report shall be submitted to the Secretary, the head of
such agency, and the Inspector General of the agency
(if any), and upon request of any congressional com-
mittee with jurisdiction over such agency, to such
committee.
(d) DEFINITION.—For purposes of this section, the
term ‘‘Federal critical information system’’ means an ‘‘in-
formation system’’ as defined in section 3502 of title 44,
United States Code, that—
(1) is, or is a component of, a key resource or
critical infrastructure;
(2) is used or operated by a civilian executive
agency or by a contractor of such an agency; and
(3) does not include any national security sys-
tem as defined in section 5142 of the Clinger-Cohen
Act of 1996.
Subtitle B—Intelligence Analysis
Center
SEC. 211. INTELLIGENCE ANALYSIS CENTER.
(a) ESTABLISHMENT; NFIP AGENCY.—(1) There is es-
tablished within the Department the Intelligence Analysis
Center. The Under Secretary for Information Analysis and
Infrastructure Protection shall be the head of the Intel-
ligence Analysis Center.
(2) The Intelligence Analysis Center is a program of
the intelligence community for purposes of the National
Foreign Intelligence Program (as defined in section 3(6) of
the National Security Act of 1947 (50 U.S.C. 401a(6))).
(b) FUNCTIONS.—The Under Secretary for Informa-
tion Analysis and Infrastructure Protection, through the
Intelligence Analysis Center, shall carry out the duties spec-
ified in paragraphs (1), (2), (3), (6), and (7) of section
201(b).
(c) DETAIL OF CERTAIN PERSONNEL.—
(1) IN GENERAL.—The Secretary and the Direc-
tor of Central Intelligence, the Secretary of Defense,
the Attorney General, the Secretary of State, or the
head of another agency or department as the case
may be, shall enter into cooperative arrangements to
provide for an appropriate number of individuals to
be detailed to the Under Secretary to perform analyt-
ical functions and duties with respect to the mission
of the Department from the following agencies:
(A) The Central Intelligence Agency.
(B) The Federal Bureau of Investigation.
(C) The National Security Agency.
(D) The National Imagery and Mapping
Agency.
(E) The Department of State.
(F) The Defense Intelligence Agency.
(G) Any other agency or department that
the President determines appropriate.
(2) TERMS OF DETAIL.—Any officer or employee
of the United States or a member of the Armed Forces
who is detailed to the Under Secretary under para-
graph (1) shall be detailed on a reimbursable basis for
a period of less than two years for the performance
of temporary functions as required by the Under Sec-
retary.
(d) INCLUSION OF OFFICE OF INTELLIGENCE AS AN
ELEMENT OF THE INTELLIGENCE COMMUNITY.—Section
3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (I);
(2) by redesignating subparagraph (J) as sub-
paragraph (K); and
(3) by inserting after subparagraph (I) the fol-
lowing new subparagraph:
‘‘(J) the Intelligence Analysis Center of the
Department of Homeland Security; and’’.
SEC. 212. MISSION OF THE INTELLIGENCE ANALYSIS CEN-
TER.
(a) IN GENERAL.—The mission of the Intelligence
Analysis Center is as follows:
(1) ANALYSIS AND PRODUCTION.—
(A) Correlating and evaluating information
and intelligence related to the mission of the De-
partment collected from all sources available.
(B) Producing all-source collaborative intel-
ligence analysis, warnings, tactical assessments,
and strategic assessments of the terrorist threat
and infrastructure vulnerabilities of the United
States.
(C) Providing appropriate dissemination of
such assessments.
(D) Improving the lines of communication
with respect to homeland security between the
Federal Government and State and local public
safety agencies and the private sector through the
timely dissemination of information pertaining
to threats of acts of terrorism against the United
States.
(2) COORDINATION
OF
INFORMATION.—Coordi-
nating with elements of the intelligence community
and with Federal, State, and local law enforcement
agencies, and the private sector as appropriate.
(3) 
ADDITIONAL
DUTIES.—Performing 
such
other functions as the Secretary may direct.
(b) STRATEGIC AND TACTICAL MISSIONS OF THE IN-
TELLIGENCE ANALYSIS CENTER.—The Under Secretary
shall conduct strategic and tactical assessments and warn-
ings through the Intelligence Analysis Center, including re-
search, analysis, and the production of assessments on the
following as they relate to the mission of the Department:
(1) Domestic terrorism.
(2) International terrorism.
(3) Counterintelligence.
(4) Transnational crime.
(5) Proliferation of weapons of mass destruction.
(6) Illicit financing of terrorist activities.
(7) Cybersecurity and cybercrime.
(8) Key resources and critical infrastructures.
(c) STAFFING OF THE INTELLIGENCE ANALYSIS CEN-
TER.—
(1) FUNCTIONS
TRANSFERRED.—In accordance
with title VIII, for purposes of carrying out this title,
there is transferred to the Under Secretary the func-
tions, personnel, assets, and liabilities of the following
entities:
(A) The National Infrastructure Protection
Center of the Federal Bureau of Investigation
(other than the Computer Investigations and Op-
erations Section).
(B) The Critical Infrastructure Assurance
Office of the Department of Commerce.
(C) The Federal Computer Incident Re-
sponse Center of the General Services Adminis-
tration.
(D) The National Infrastructure Simulation
and Analysis Center of the Department of En-
ergy.
(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 Transpor-
tation 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 Intelligence
Analysis Center on the technical, analytic approach
of the Information Dominance Center of the Depart-
ment of the Army to the maximum extent feasible and
appropriate.
TITLE III—SCIENCE AND
TECHNOLOGY
SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECH-
NOLOGY.
The Secretary, acting through the Under Secretary for
Science and Technology, shall have responsibility for—
(1) developing, in consultation with other appro-
priate executive agencies, a national policy and stra-
tegic plan for, identifying priorities, goals, objectives
and policies for, and coordinating the Federal Gov-
ernment’s civilian efforts to identify and develop
countermeasures to chemical, biological radiological,
nuclear and other emerging terrorist threats, includ-
ing the development of comprehensive, research-based
definable goals for such efforts and development of an-
nual measurable objectives and specific targets to ac-
complish and evaluate the goals for such efforts;
(2) establishing and administering the primary
research and development activities of the Depart-
ment, including the long-term research and develop-
ment needs and capabilities for all elements of the De-
partment;
(3) conducting basic and applied research, devel-
opment, demonstration, testing, and evaluation ac-
tivities that are relevant to any or all elements of the
Department, through both intramural and extramural
programs; provided that such responsibility does not
extend to human health-related research and develop-
ment activities;
(4) coordinating and integrating all research, de-
velopment, demonstration, testing, and evaluation ac-
tivities of the Department;
(5) coordinating with other appropriate execu-
tive agencies in developing and carrying out the
science and technology agenda of the Department to
reduce duplication and identify unmet needs;
(6) establishing Federal priorities for research,
development, demonstration, testing, and, as appro-
priate, procurement and transitional operation of
technology and systems—
(A) for preventing the importation of chem-
ical, biological, radiological, and nuclear weap-
ons and related materials;
(B) for detecting, preventing, and protecting
against terrorist attacks that involve such weap-
ons or related materials; and
(C) for interoperability of communications
systems for emergency response providers;
(7) ensuring that the research, development, dem-
onstration, testing, and evaluation activities of the
Department are aligned with the Department’s pro-
curement needs;
(8) facilitating the deployment of technology that
will serve to enhance homeland security, including
through the establishment of a centralized Federal re-
pository for information relating to technologies de-
scribed in subparagraphs (A), (B), and (C) of para-
graph (6) for dissemination to Federal, State, and
local government and private sector entities, and for
information for persons seeking guidance on how to
pursue proposals to develop or deploy technologies
that would contribute to homeland security;
(9) providing guidance, recommendations, and
technical assistance as appropriate to assist Federal,
State, and local government and private sector efforts
to evaluate and implement the use of technologies de-
scribed in subparagraphs (A), (B), and (C) of para-
graph (6); and
(10) developing and overseeing the administra-
tion of guidelines for merit review of research and de-
velopment projects throughout the Department, and
for the dissemination of research conducted or spon-
sored by the Department.
SEC. 302. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and obliga-
tions of the following:
(1) The program under section 351A of the Pub-
lic Health Service Act, and functions thereof, includ-
ing the functions of the Secretary of Health and
Human Services relating thereto, subject to the
amendments made by section 906(a)(3), except that
such transfer shall not occur unless the program
under section 212 of the Agricultural Bioterrorism
Protection Act of 2002 (subtitle B of title II of Public
Law 107–188), and functions thereof, including the
functions of the Secretary of Agriculture relating
thereto, is transferred to the Department.
(2) Programs and activities of the Department of
Energy, including the functions of the Secretary of
Energy relating thereto (but not including programs
and activities relating to the strategic nuclear defense
posture of the United States), as follows:
(A) The programs and activities relating to
chemical and biological national security, and
supporting programs and activities directly re-
lated to homeland security, of the non-prolifera-
tion and verification research and development
program.
(B) The programs and activities relating to
nuclear smuggling, and other programs and ac-
tivities directly related to homeland security,
within the proliferation detection program of the
non-proliferation and verification research and
development program.
(C) Those aspects of the nuclear assessment
program of the international materials protec-
tion and cooperation program that are directly
related to homeland security.
(D) Such life sciences activities of the bio-
logical and environmental research program re-
lated to microbial pathogens as may be des-
ignated by the President for transfer to the De-
partment and that are directly related to home-
land security.
(E) The Environmental Measurements Lab-
oratory.
(F) The advanced scientific computing re-
search program and activities at Lawrence
Livermore National Laboratory.
(3) The homeland security projects within the
Chemical Biological Defense Program of the Depart-
ment of Defense known as the Biological Defense
Homeland Security Support Program and the Bio-
logical Counter-Terrorism Research Program.
SEC. 303. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED
ACTIVITIES.
With respect to civilian human health-related research
and development activities relating to countermeasures for
chemical, biological, radiological, and nuclear and other
emerging terrorist threats carried out by the Department
of Health and Human Services (including the Public
Health Service), the Secretary of Health and Human Serv-
ices shall set priorities, goals, objectives, and policies and
develop a coordinated strategy for such activities in collabo-
ration with the Secretary of Homeland Security to ensure
consistency with the national policy and strategic plan de-
veloped pursuant to section 301(1).
SEC. 304. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTER.
The Secretary, acting through the Under Secretary for
Science and Technology, shall have the authority to estab-
lish or contract with one or more federally funded research
and development centers to provide independent analysis
of homeland security issues, or to carry out other respon-
sibilities under this Act, including coordinating and inte-
grating both the extramural and intramural programs de-
scribed in section 307.
SEC. 305. MISCELLANEOUS PROVISIONS.
(a) CLASSIFICATION.—To the greatest extent prac-
ticable, research conducted or supported by the Department
shall be unclassified.
(b) CONSTRUCTION.—Nothing in this title shall be con-
strued to preclude any Under Secretary of the Department
from carrying out research, development, demonstration, or
deployment activities, as long as such activities are coordi-
nated through the Under Secretary for Science and Tech-
nology.
(c) REGULATIONS.—The Secretary, acting through the
Under Secretary for Science and Technology, may issue
necessary regulations with respect to research, development,
demonstration, testing, and evaluation activities of the De-
partment, including the conducting, funding, and reviewing
of such activities.
(d) NOTIFICATION OF PRESIDENTIAL LIFE SCIENCES
DESIGNATIONS.—Not later than 60 days before effecting
any transfer of Department of Energy life sciences activities
pursuant to section 302(2)(D) of this Act, the President
shall notify the Congress of the proposed transfer and shall
include the reasons for the transfer and a description of
the effect of the transfer on the activities of the Department
of Energy.
SEC. 306. HOMELAND SECURITY SCIENCE AND TECH-
NOLOGY COORDINATION COUNCIL.
(a) ESTABLISHMENT AND COMPOSITION.—There is es-
tablished within the Department a Homeland Security
Science and Technology Coordination Council (in this sec-
tion referred to as the ‘‘Coordination Council’’). The Co-
ordination Council shall be composed of all the Under Sec-
retaries of the Department and any other Department offi-
cials designated by the Secretary, and shall be chaired by
the Under Secretary for Science and Technology. The Co-
ordination Council shall meet at the call of the chair.
(b) RESPONSIBILITIES.—The Coordination Council
shall—
(1) establish priorities for research, development,
demonstration, testing, and evaluation activities con-
ducted or supported by the Department;
(2) ensure that the priorities established under
paragraph (1) reflect the acquisition needs of the De-
partment; and
(3) assist the Under Secretary for Science and
Technology in carrying out his responsibilities under
section 301(4).
SEC. 307. CONDUCT OF RESEARCH, DEVELOPMENT, DEM-
ONSTRATION, TESTING AND EVALUATION.
(a) IN GENERAL.—The Secretary, acting through the
Under Secretary for Science and Technology, shall carry
out the responsibilities under section 301(3) through both
extramural and intramural programs.
(b) EXTRAMURAL PROGRAMS.—(1) The Secretary, act-
ing through the Under Secretary for Science and Tech-
nology, shall operate extramural research, development,
demonstration, testing, and evaluation programs so as to—
(A) ensure that colleges, universities, private re-
search institutes, and companies (and consortia there-
of) from as many areas of the United States as prac-
ticable participate; and
(B) distribute funds through grants, cooperative
agreements, and contracts through competitions that
are as open as possible.
(2)(A) The Secretary, acting through the Under Sec-
retary for Science and Technology, shall establish within
1 year of the date of enactment of this Act a university-
based center or centers for homeland security. The purpose
of this center or centers shall be to establish a coordinated,
university-based system to enhance the Nation’s homeland
security.
(B) In selecting colleges or universities as centers for
homeland security, the Secretary shall consider the fol-
lowing criteria:
(i) Demonstrated expertise in the training of
first responders.
(ii) Demonstrated expertise in responding to in-
cidents involving weapons of mass destruction and bi-
ological warfare.
(iii) Demonstrated expertise in emergency med-
ical services.
(iv) Demonstrated expertise in chemical, biologi-
cal, radiological, and nuclear countermeasures.
(v) Strong affiliations with animal and plant
diagnostic laboratories.
(vi) Demonstrated expertise in food safety.
(vii) Affiliation with Department of Agriculture
laboratories or training centers.
(viii) Demonstrated expertise in water and
wastewater operations.
(ix) Demonstrated expertise in port and water-
way security.
(x) Demonstrated expertise in multi-modal
transportation.
(xi) Nationally recognized programs in informa-
tion security.
(xii) Nationally recognized programs in engi-
neering.
(xiii) Demonstrated expertise in educational out-
reach and technical assistance.
(xiv) Demonstrated expertise in border transpor-
tation and security.
(xv) Demonstrated expertise in interdisciplinary
public policy research and communication outreach
regarding science, technology, and public policy.
(C) The Secretary shall have the discretion to establish
such centers and to consider additional criteria as necessary
to meet the evolving needs of homeland security and shall
report to Congress concerning the implementation of this
paragraph as necessary.
(D) There are authorized to be appropriated such sums
as may be necessary to carry out this paragraph.
(c) INTRAMURAL PROGRAMS.—(1) In carrying out the
duties under section 301, the Secretary, acting through the
Under Secretary for Science and Technology, may draw
upon the expertise of any laboratory of the Federal Govern-
ment, whether operated by a contractor or the Government.
(2) The Secretary, acting through the Under Secretary
for Science and Technology, may establish a headquarters
laboratory for the Department at any national laboratory
and may establish additional laboratory units at other na-
tional laboratories.
(3) If the Secretary chooses to establish a headquarters
laboratory pursuant to paragraph (2), then the Secretary
shall do the following:
(A) Establish criteria for the selection of the
headquarters laboratory in consultation with the Na-
tional Academy of Sciences, appropriate Federal
agencies, and other experts.
(B) Publish the criteria in the Federal Register.
(C) Evaluate all appropriate national labora-
tories against the criteria.
(D) Select a national laboratory on the basis of
the criteria.
(E) Report to the appropriate congressional com-
mittees on which laboratory was selected, how the se-
lected laboratory meets the published criteria, and
what duties the headquarters laboratory shall per-
form.
(4) No laboratory shall begin operating as the head-
quarters laboratory of the Department until at least 30 days
after the transmittal of the report required by paragraph
(3)(E).
SEC. 308. TRANSFER OF PLUM ISLAND ANIMAL DISEASE
CENTER, DEPARTMENT OF AGRICULTURE.
(a) TRANSFER REQUIRED.—In accordance with title
VIII, the Secretary of Agriculture shall transfer to the Sec-
retary of Homeland Security the Plum Island Animal Dis-
ease Center of the Department of Agriculture, including the
assets and liabilities of the Center.
(b) CONTINUED DEPARTMENT OF AGRICULTURE AC-
CESS.—Upon the transfer of the Plum Island Animal Dis-
ease Center, the Secretary of Homeland Security and the
Secretary of Agriculture shall enter into an agreement to
ensure Department of Agriculture access to the center for
research, diagnostic, and other activities of the Department
of Agriculture.
(c) NOTIFICATION.—At least 180 days before any
change in the biosafety level at the facility described in sub-
section (a), the President shall notify the Congress of the
change and describe the reasons therefor. No such change
may be made until at least 180 days after the completion
of the transition period defined in section 801(2).
TITLE IV—BORDER AND
TRANSPORTATION SECURITY
Subtitle A—General Provisions
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPOR-
TATION SECURITY.
The Secretary, acting through the Under Secretary for
Border and Transportation Security, shall be responsible
for the following:
(1) Preventing the entry of terrorists and the in-
struments of terrorism into the United States.
(2) Securing the borders, territorial waters,
ports, terminals, waterways, and air, land, and sea
transportation systems of the United States, including
managing and coordinating governmental activities
at ports of entry.
(3) Carrying out the immigration enforcement
functions vested by statute in, or performed by, the
Commissioner of Immigration and Naturalization (or
any officer, employee, or component of the Immigra-
tion and Naturalization Service) immediately before
the date on which the transfer of functions specified
under section 411 takes effect.
(4) Establishing and administering rules, in ac-
cordance with section 403, governing the granting of
visas or other forms of permission, including parole,
to enter the United States to individuals who are not
a citizen or an alien lawfully admitted for permanent
residence in the United States.
(5) Except as provided in subtitle C, admin-
istering the customs laws of the United States.
(6) Conducting the inspection and related ad-
ministrative functions of the Department of Agri-
culture transferred to the Secretary of Homeland Se-
curity under section 404.
(7) In carrying out the foregoing responsibilities,
ensuring the speedy, orderly, and efficient flow of law-
ful traffic and commerce.
SEC. 402. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and obliga-
tions of the following:
(1) The United States Customs Service, except as
provided in subtitle C.
(2) The Coast Guard of the Department of
Transportation, which shall be maintained as a dis-
tinct entity within the Department, including the
functions of the Secretary of Transportation relating
thereto.
(3) The Transportation Security Administration
of the Department of Transportation, including the
functions of the Secretary of Transportation, and of
the Under Secretary of Transportation for Security,
relating thereto.
(4) The Federal Protective Service of the General
Services Administration, including the functions of
the Administrator of General Services relating there-
to.
(5) The Office of National Preparedness of the
Federal Emergency Management Agency, including
the functions of the Director of the Federal Emergency
Management Agency relating thereto.
(6) The Office for Domestic Preparedness of the
Office of Justice Programs of the Department of Jus-
tice, including the functions of the Attorney General
relating thereto.
(7) The National Domestic Preparedness Office
of the Federal Bureau of Investigation, including the
functions of the Attorney General relating thereto.
(8) The Domestic Emergency Support Teams of
the Department of Justice, including the functions of
the Attorney General relating thereto.
SEC. 403. VISA ISSUANCE.
(a) IN GENERAL.—Notwithstanding section 104(a) of
the Immigration and Nationality Act (8 U.S.C. 1104(a))
or any other provision of law, and except as provided in
subsection (b) of this section, the Secretary—
(1) shall be vested exclusively with all authorities
to issue regulations with respect to, administer, and
enforce the provisions of such Act, and of all other im-
migration and nationality laws, relating to the func-
tions of consular officers of the United States in con-
nection with the granting or refusal of visas, and
shall have the authority to refuse visas in accordance
with law and to develop programs of homeland secu-
rity training for consular officers (in addition to con-
sular training provided by the Secretary of State),
which authorities shall be exercised through the Sec-
retary of State, except that the Secretary shall not
have authority to alter or reverse the decision of a
consular officer to refuse a visa to an alien; and
(2) shall have authority to confer or impose upon
any officer or employee of the United States, with the
consent of the head of the executive agency under
whose jurisdiction such officer or employee is serving,
any of the functions specified in paragraph (1).
(b) AUTHORITY OF THE SECRETARY OF STATE.—
(1) IN
GENERAL.—Notwithstanding subsection
(a), the Secretary of State may direct a consular offi-
cer to refuse a visa to an alien if the Secretary of
State deems such refusal necessary or advisable in the
foreign policy or security interests of the United
States.
(2) CONSTRUCTION
REGARDING
AUTHORITY.—
Nothing in this section shall be construed as affecting
the authorities of the Secretary of State under the fol-
lowing provisions of law:
(A) Section 101(a)(15)(A) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(15)(A)).
(B) Section 204(d)(2) of the Immigration
and Nationality Act (8 U.S.C. 1154) (as it will
take effect upon the entry into force of the Con-
vention on Protection of Children and Coopera-
tion in Respect to Inter-Country Adoption).
(C) Section 212(a)(3)(B)(vi)(II) of the Im-
migration and Nationality Act.
(D) Section 212(a)(3)(C) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1182(a)(3)(C)).
(E) Section 212(a)(10)(C) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1182(a)(10)(C)).
(F) Section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
(G) Section 237(a)(4)(C) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1227(a)(4)(C)).
(H) Section 401 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of
1996 (22 U.S.C. 6034; Public Law 104–114).
(I) Section 613 of the Departments of Com-
merce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriations Act, 1999 (as con-
tained in section 101(b) of division A of Public
Law 105–277) (Omnibus Consolidated and
Emergency Supplemental Appropriations Act,
1999; 112 Stat. 2681; H.R. 4328 (originally
H.R. 4276) as amended by section 617 of Public
Law 106–553).
(J) Section 801 of H.R. 3427, the Admiral
James W. Nance and Meg Donovan Foreign Re-
lations Authorization Act, Fiscal Years 2000 and
2001, as enacted by reference in Public Law
106–113.
(K) Section 568 of the Foreign Operations,
Export Financing, and Related Programs Ap-
propriations Act, 2002 (Public Law 107–115).
(3) CONSTRUCTION REGARDING DELEGATION OF
AUTHORITY.—Nothing in this section shall be con-
strued to affect any delegation of authority to the Sec-
retary of State by the President pursuant to any
proclamation issued under section 212(f) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(f)).
(c) ASSIGNMENT OF HOMELAND SECURITY EMPLOY-
EES TO DIPLOMATIC AND CONSULAR POSTS.—
(1) IN GENERAL.—The Secretary is authorized to
assign employees of the Department of Homeland Se-
curity to any diplomatic and consular posts abroad
to perform the following functions:
(A) Provide expert advice and training to
consular officers regarding specific security
threats relating to individual visa applications
or classes of applications.
(B) Review any or all such applications
prior to their adjudication, either on the initia-
tive of the employee of the Department of Home-
land Security or upon request by a consular offi-
cer or other person charged with adjudicating
such applications.
(C) Conduct investigations with respect to
matters under the jurisdiction of the Secretary.
(2) PERMANENT ASSIGNMENT; PARTICIPATION IN
TERRORIST
LOOKOUT
COMMITTEE.—When appro-
priate, employees of the Department of Homeland Se-
curity assigned to perform functions described in
paragraph (1) may be assigned permanently to over-
seas diplomatic or consular posts with country-spe-
cific or regional responsibility. If the Secretary so di-
rects, any such employee, when present at an overseas
post, shall participate in the terrorist lookout com-
mittee established under section 304 of the Enhanced
Border Security and Visa Entry Reform Act of 2002
(8 U.S.C. 1733).
(3) TRAINING AND HIRING.—
(A) The Secretary shall ensure that any em-
ployees of the Department of Homeland Security
assigned to perform functions described in para-
graph (1) shall be provided all necessary train-
ing to enable them to carry out such functions,
including training in foreign languages, inter-
view techniques, fraud detection techniques, and
other skills required by such employees, in condi-
tions in the particular country where each em-
ployee is assigned, and in other appropriate
areas of study.
(B) The Secretary shall promulgate regula-
tions within 60 days of the enactment of this Act
establishing foreign language proficiency require-
ments for employees of the Department per-
forming the functions described in paragraph (1)
and providing that preference shall be given to
individuals who meet such requirements in hir-
ing employees for the performance of such func-
tions.
(C) The Secretary is authorized to use the
National Foreign Affairs Training Center, on a
reimbursable basis, to obtain the training de-
scribed in subparagraph (A).
(d) NO CREATION OF PRIVATE RIGHT OF ACTION.—
Nothing in this section shall be construed to create or au-
thorize a private right of action to challenge a decision of
a consular officer or other United States official or employee
to grant or deny a visa.
(e) STUDY REGARDING USE OF FOREIGN NATION-
ALS.—
(1) IN GENERAL.—The Secretary of Homeland
Security shall conduct a study of the role of foreign
nationals in the granting or refusal of visas and other
documents authorizing entry of aliens into the United
States. The study shall address the following:
(A) The proper role, if any, of foreign na-
tionals in the process of rendering decisions on
such grants and refusals.
(B) Any security concerns involving the em-
ployment of foreign nationals.
(C) Whether there are cost-effective alter-
natives to the use of foreign nationals.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Secretary shall
submit a report containing the findings of the study
conducted under paragraph (1) to the Committee on
the Judiciary, the Committee on International Rela-
tions, and the Committee on Government Reform of
the House of Representatives, and the Committee on
the Judiciary, the Committee on Foreign Relations,
and the Committee on Government Affairs of the Sen-
ate.
(f) REPORT.—Not later than 120 days after the date
of the enactment of this Act, the Director of the Office of
Science and Technology Policy shall submit to the Congress
a report on how the provisions of this section will affect
procedures for the issuance of student visas.
(g) VISA ISSUANCE PROGRAM FOR SAUDI ARABIA.—
Notwithstanding any other provision of law, after the date
of the enactment of this Act all third party screening, inter-
view waiver, or other non-interview visa issuance programs
in Saudi Arabia shall be terminated. On-site personnel of
the Department of Homeland Security shall review all visa
applications prior to adjudication. All visa applicants in
Saudi Arabia shall be interviewed unless on-site personnel
of the Department of Homeland Security determine, in
writing and pursuant to written guidelines issued by the
Secretary of Homeland Security, that the alien is unlikely
to present a risk to homeland security. The Secretary of
Homeland Security shall promulgate such guidelines not
later than 30 days after the date of the enactment of this
Act.
SEC. 404. TRANSFER OF CERTAIN AGRICULTURAL INSPEC-
TION FUNCTIONS OF THE DEPARTMENT OF
AGRICULTURE.
(a) TRANSFER OF AGRICULTURAL IMPORT AND ENTRY
INSPECTION FUNCTIONS.—There shall be transferred to the
Secretary of Homeland Security the functions of the Sec-
retary of Agriculture relating to agricultural import and
entry inspection activities under the laws specified in sub-
section (b).
(b) COVERED
ANIMAL
AND
PLANT
PROTECTION
LAWS.—The laws referred to in subsection (a) are the fol-
lowing:
(1) The Act commonly known as the Virus-
Serum-Toxin Act (the eighth paragraph under the
heading ‘‘Bureau of Animal Industry’’ in the Act of
March 4, 1913; 21 U.S.C. 151 et seq.).
(2) Section 1 of the Act of August 31, 1922 (com-
monly known as the Honeybee Act; 7 U.S.C. 281).
(3) Title III of the Federal Seed Act (7 U.S.C.
1581 et seq.).
(4) The Plant Protection Act (7 U.S.C. 7701 et
seq.).
(5) The Animal Protection Act (subtitle E of title
X of Public Law 107–171; 7 U.S.C. 8301 et seq.).
(6) The Lacey Act Amendments of 1981 (16
U.S.C. 3371 et seq.).
(7) Section 11 of the Endangered Species Act of
1973 (16 U.S.C. 1540).
(c) EXCLUSION
OF QUARANTINE ACTIVITIES.—For
purposes of this section, the term ‘‘functions’’ does not in-
clude any quarantine activities carried out under the laws
specified in subsection (b).
(d) EFFECT OF TRANSFER.—
(1) COMPLIANCE WITH DEPARTMENT OF AGRI-
CULTURE REGULATIONS.—The authority transferred
pursuant to subsection (a) shall be exercised by the
Secretary of Homeland Security in accordance with
the regulations, policies, and procedures issued by the
Secretary of Agriculture regarding the administration
of the laws specified in subsection (b).
(2) RULEMAKING COORDINATION.—The Secretary
of Agriculture shall coordinate with the Secretary of
Homeland Security whenever the Secretary of Agri-
culture prescribes regulations, policies, or procedures
for administering the laws specified in subsection (b)
at the locations referred to in subsection (a).
(3) EFFECTIVE ADMINISTRATION.—The Secretary
of Homeland Security, in consultation with the Sec-
retary of Agriculture, may issue such directives and
guidelines as are necessary to ensure the effective use
of personnel of the Department of Homeland Security
to carry out the functions transferred pursuant to
subsection (a).
(e) TRANSFER AGREEMENT.—
(1) AGREEMENT
REQUIRED; REVISION.—Before
the end of the transition period, as defined in section
801(2), the Secretary of Agriculture and the Secretary
of Homeland Security shall enter into an agreement
to effectuate the transfer of functions required by sub-
section (a). The Secretary of Agriculture and the Sec-
retary of Homeland Security may jointly revise the
agreement as necessary thereafter.
(2) REQUIRED TERMS.—The agreement required
by this subsection shall specifically address the fol-
lowing:
(A) The supervision by the Secretary of Ag-
riculture of the training of employees of the Sec-
retary of Homeland Security to carry out the
functions transferred pursuant to subsection (a).
(B) The transfer of funds to the Secretary
of Homeland Security under subsection (f).
(3) COOPERATION AND RECIPROCITY.—The Sec-
retary of Agriculture and the Secretary of Homeland
Security may include as part of the agreement the fol-
lowing:
(A) Authority for the Secretary of Home-
land Security to perform functions delegated to
the Animal and Plant Health Inspection Service
of the Department of Agriculture regarding the
protection of domestic livestock and plants, but
not transferred to the Secretary of Homeland Se-
curity pursuant to subsection (a).
(B) Authority for the Secretary of Agri-
culture to use employees of the Department of
Homeland Security to carry out authorities dele-
gated to the Animal and Plant Health Inspec-
tion Service regarding the protection of domestic
livestock and plants.
(f) PERIODIC TRANSFER OF FUNDS TO DEPARTMENT
OF HOMELAND SECURITY.—
(1) TRANSFER
OF
FUNDS.—Out of funds col-
lected by fees authorized under sections 2508 and
2509 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (21 U.S.C. 136, 136a), the Sec-
retary of Agriculture shall transfer, from time to time
in accordance with the agreement under subsection
(e), to the Secretary of Homeland Security funds for
activities carried out by the Secretary of Homeland
Security for which such fees were collected.
(2) LIMITATION.—The proportion of fees collected
pursuant to such sections that are transferred to the
Secretary of Homeland Security under this subsection
may not exceed the proportion of the costs incurred
by the Secretary of Homeland Security to all costs in-
curred to carry out activities funded by such fees.
(g) TRANSFER OF DEPARTMENT OF AGRICULTURE EM-
PLOYEES.—During the transition period, the Secretary of
Agriculture shall transfer to the Secretary of Homeland Se-
curity not more than 3,200 full-time equivalent positions
of the Department of Agriculture.
(h) PROTECTION OF INSPECTION ANIMALS.—Title V of
the Agricultural Risk Protection Act of 2000 (7 U.S.C.
2279e, 2279f) is amended—
(1) in section 501(a)—
(A) by inserting ‘‘or the Department of
Homeland Security’’ after ‘‘Department of Agri-
culture’’; and
(B) by inserting ‘‘or the Secretary of Home-
land Security’’ after ‘‘Secretary of Agriculture’’;
(2) by striking ‘‘Secretary’’ each place it appears
(other than in sections 501(a) and 501(e)) and insert-
ing ‘‘Secretary concerned’’; and
(3) by adding at the end of section 501 the fol-
lowing new subsection:
‘‘(e) SECRETARY CONCERNED DEFINED.—In this title,
the term ‘Secretary concerned’ means—
‘‘(1) the Secretary of Agriculture, with respect to
an animal used for purposes of official inspections by
the Department of Agriculture; and
‘‘(2) the Secretary of Homeland Security, with
respect to an animal used for purposes of official in-
spections by the Department of Homeland Security.’’.
SEC. 405. FUNCTIONS OF ADMINISTRATOR OF GENERAL
SERVICES.
(a) OPERATION, MAINTENANCE, AND PROTECTION OF
FEDERAL BUILDINGS AND GROUNDS.—Nothing in this Act
may be construed to affect the functions or authorities of
the Administrator of General Services with respect to the
operation, maintenance, and protection of buildings and
grounds owned or occupied by the Federal Government and
under the jurisdiction, custody, or control of the Adminis-
trator. Except for the law enforcement and related security
functions transferred under section 402(4), the Adminis-
trator shall retain all powers, functions, and authorities
vested in the Administrator under the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)
and other provisions of law that are necessary for the oper-
ation, maintenance, and protection of such buildings and
grounds.
(b) COLLECTION
OF RENTS
AND FEES; FEDERAL
BUILDINGS FUND.—
(1) STATUTORY CONSTRUCTION.—Nothing in this
Act may be construed—
(A) to direct the transfer of, or affect, the
authority of the Administrator of General Serv-
ices to collect rents and fees, including fees col-
lected for protective services; or
(B) to authorize the Secretary or any other
official in the Department to obligate amounts
in the Federal Buildings Fund established by
section 210(f) of the Federal Property and Ad-
ministrative Services Act of 1949 (40 U.S.C.
490(f)).
(2) USE
OF
TRANSFERRED
AMOUNTS.—Any
amounts transferred by the Administrator of General
Services to the Secretary out of rents and fees col-
lected by the Administrator shall be used by the Sec-
retary solely for the protection of buildings or grounds
owned or occupied by the Federal Government.
SEC. 406. FUNCTIONS OF TRANSPORTATION SECURITY AD-
MINISTRATION.
(a) CONSULTATION WITH FEDERAL AVIATION ADMIN-
ISTRATION.—The Secretary and other officials in the De-
partment shall consult with the Administrator of the Fed-
eral Aviation Administration before taking any action that
might affect aviation safety, air carrier operations, aircraft
airworthiness, or the use of airspace. The Secretary shall
establish a liaison office within the Department for the pur-
pose of consulting with the Administrator of the Federal
Aviation Administration.
(b) REPORT TO CONGRESS.—Not later than 60 days
after the date of enactment of this Act, the Secretary of
Transportation shall transmit to Congress a report con-
taining a plan for complying with the requirements of sec-
tion 44901(d) of title 49, United States Code.
(c) LIMITATIONS ON STATUTORY CONSTRUCTION.—
(1) GRANT OF AUTHORITY.—Nothing in this Act
may be construed to vest in the Secretary or any
other official in the Department any authority over
transportation security that is not vested in the
Under Secretary of Transportation for Security, or in
the Secretary of Transportation under chapter 449 of
title 49, United States Code, on the day before the
date of enactment of this Act.
(2) OBLIGATION OF AIP FUNDS.—Nothing in this
Act may be construed to authorize the Secretary or
any other official in the Department to obligate
amounts made available under section 48103 of title
49, United States Code.
SEC. 407. PRESERVATION OF TRANSPORTATION SECURITY
ADMINISTRATION AS A DISTINCT ENTITY.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of this Act, and subject to subsection (b), the Transpor-
tation Security Administration shall be maintained as a
distinct entity within the Department under the Under Sec-
retary for Border Transportation and Security.
(b) SUNSET.—Subsection (a) shall cease to apply two
years after the date of enactment of this Act.
SEC. 408. ANNUAL ASSESSMENT OF TERRORIST-RELATED
THREATS TO PUBLIC TRANSPORTATION.
On an annual basis, the Secretary, in consultation
with the heads of other appropriate Federal departments
and agencies, shall conduct an assessment of terrorist-re-
lated threats to all forms of public transportation, including
public gathering areas related to public transportation.
SEC. 409. EXPLOSIVE DETECTION SYSTEMS.
(a) INSTALLATION OF SYSTEMS.—Section 44901(d) of
title 49, United States Code, is amended by adding at the
end the following:
‘‘(2) MODIFICATION
OF
AIRPORT
TERMINAL
BUILDINGS TO ACCOMMODATE EXPLOSIVE DETECTION
SYSTEMS.—
‘‘(A) NOTIFICATION
OF
AIRPORTS.—Not
later than October 1, 2002, the Under Secretary
shall notify the owner or operator of each United
States airport described in section 44903(c) of
the number and type of explosive detection sys-
tems that will be required to be deployed at the
airport in order to screen all checked baggage by
explosive detection systems without imposing un-
reasonable delays on the passengers using the
airport.
‘‘(B) ASSESSMENTS OF AIRPORT TERMINAL
BUILDINGS.—If the owner or operator of a
United States airport described in section
44903(c) determines that the airport will not be
able to make the modifications to the airport’s
terminal buildings that are necessary to accom-
modate the explosive detection systems required
under subparagraph (A) in a cost-effective man-
ner on or before December 31, 2002, the owner
or operator shall provide notice of that deter-
mination to the Under Secretary not later than
November 1, 2002.
‘‘(C) PLANS FOR MAKING MODIFICATIONS TO
AIRPORT TERMINAL BUILDINGS.—
‘‘(i) IN GENERAL.—If the owner or op-
erator of an airport provides notice to the
Under Secretary under subparagraph (B),
the Under Secretary, in consultation with
the owner or operator, shall develop, not
later than December 1, 2002, a plan for
making necessary modifications to the air-
port’s terminal buildings so as to deploy
and fully utilize explosive detection systems
to screen all checked baggage.
‘‘(ii) DEADLINE.—A plan developed
under this subparagraph shall include a
date for executing the plan. All such plans
shall be executed as expeditiously as prac-
ticable but not later than December 31,
2003.
‘‘(iii) TRANSMISSION
OF
PLANS
TO
CONGRESS.—On the date of completion of a
plan under this subparagraph, the Under
Secretary shall transmit a copy of the plan
to Congress. For security purposes, informa-
tion contained in the plan shall not be dis-
closed to the public.
‘‘(D) REQUIREMENTS FOR PLANS.—A plan
developed and published under subparagraph
(C), shall provide for, to the maximum extent
practicable—
‘‘(i) the deployment of explosive detec-
tion systems in the baggage sorting area or
other non-public area rather than the lobby
of an airport terminal building; and
‘‘(ii) the deployment of state of the art
explosive detection systems that have high
throughput, low false alarm rates, and high
reliability without reducing detection rates.
‘‘(E) USE OF SCREENING METHODS OTHER
THAN
EDS.—Notwithstanding the deadline in
paragraph (1)(A), after December 31, 2002, if
explosive detection systems are not screening all
checked baggage at a United States airport de-
scribed in section 44903(c), such baggage shall be
screened by the methods described in subsection
(e) until such time as all checked baggage is
screened by explosive detection systems at the
airport.
‘‘(3) PURCHASE OF EXPLOSIVE DETECTION SYS-
TEMS.—Any explosive detection system required to be
purchased under paragraph (2)(A) shall be purchased
by the Under Secretary.
‘‘(4) EXPLOSIVE DETECTION SYSTEM DEFINED.—
In this subsection, the term ‘explosive detection sys-
tem’ means a device, or combination of devices, that
can detect different types of explosives.’’.
(b) CORRECTION OF REFERENCE.—Section 44901(e) of
title 49, United States Code, is amended by striking
‘‘(b)(1)(A)’’ and inserting ‘‘(d)(1)(A)’’.
SEC. 410. TRANSPORTATION SECURITY.
(a) 
TRANSPORTATION
SECURITY
OVERSIGHT
BOARD.—
(1) ESTABLISHMENT.—Section 115(a) of title 49,
United States Code, is amended by striking ‘‘Depart-
ment of Transportation’’ and inserting ‘‘Department
of Homeland Security’’.
(2) MEMBERSHIP.—Section 115(b)(1) of title 49,
United States Code, is amended—
(A) by striking subparagraph (G);
(B) by redesignating subparagraphs (A)
through (F) as subparagraphs (B) through (G),
respectively; and
(C) by inserting before subparagraph (B)
(as so redesignated) the following:
‘‘(A) The Secretary of Homeland Security,
or the Secretary’s designee.’’.
(3) CHAIRPERSON.—Section 115(b)(2) of title 49,
United States Code, is amended by striking ‘‘Sec-
retary of Transportation’’ and inserting ‘‘Secretary of
Homeland Security’’.
(b) APPROVAL OF AIP GRANT APPLICATIONS FOR SE-
CURITY ACTIVITIES.—Section 47106 of title 49, United
States Code, is amended by adding at the end the following:
‘‘(g) CONSULTATION WITH SECRETARY OF HOMELAND
SECURITY.—The Secretary shall consult with the Secretary
of Homeland Security before approving an application
under this subchapter for an airport development project
grant for activities described in section 47102(3)(B)(ii) (re-
lating to security equipment) or section 47102(3)(B)(x) (re-
lating to installation of bulk explosive detection systems).’’.
Subtitle B—Immigration and
Nationality Functions
CHAPTER 1—IMMIGRATION
ENFORCEMENT
SEC. 411. TRANSFER OF FUNCTIONS TO UNDER SECRETARY
FOR BORDER AND TRANSPORTATION SECU-
RITY.
In accordance with title VIII, there shall be transferred
from the Commissioner of Immigration and Naturalization
to the Under Secretary for Border and Transportation Se-
curity all functions performed under the following pro-
grams, and all personnel, assets, and liabilities pertaining
to such programs, immediately before such transfer occurs:
(1) The Border Patrol program.
(2) The detention and removal program.
(3) The intelligence program.
(4) The investigations program.
(5) The inspections program.
SEC. 412. ESTABLISHMENT OF BUREAU OF BORDER SECU-
RITY.
(a) ESTABLISHMENT OF BUREAU.—
(1) IN GENERAL.—There is established in the De-
partment of Homeland Security a bureau to be
known as the ‘‘Bureau of Border Security’’.
(2) ASSISTANT
SECRETARY.—The head of the
Bureau of Border Security shall be the Assistant Sec-
retary of the Bureau of Border Security, who—
(A) shall report directly to the Under Sec-
retary for Border and Transportation Security;
and
(B) shall have a minimum of 10 years pro-
fessional experience in law enforcement, at least
5 of which shall have been years of service in a
managerial capacity.
(3) FUNCTIONS.—The Assistant Secretary of the
Bureau of Border Security—
(A) shall establish the policies for per-
forming such functions as are—
(i) transferred to the Under Secretary
for Border and Transportation Security by
section 411 and delegated to the Assistant
Secretary by the Under Secretary for Bor-
der and Transportation Security; or
(ii) otherwise vested in the Assistant
Secretary by law;
(B) shall oversee the administration of such
policies; and
(C) shall advise the Under Secretary for
Border and Transportation Security with respect
to any policy or operation of the Bureau of Bor-
der Security that may affect the Bureau of Citi-
zenship and Immigration Services of the Depart-
ment of Justice established under chapter 2, in-
cluding potentially conflicting policies or oper-
ations.
(4) PROGRAM TO COLLECT INFORMATION RELAT-
ING TO FOREIGN STUDENTS.—The Assistant Secretary
of the Bureau of Border Security shall be responsible
for administering the program to collect information
relating to nonimmigrant foreign students and other
exchange program participants described in section
641 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1372), in-
cluding the Student and Exchange Visitor Informa-
tion System established under that section, and shall
use such information to carry out the enforcement
functions of the Bureau.
(5) MANAGERIAL ROTATION PROGRAM.—
(A) IN GENERAL.—Not later than 1 year
after the date on which the transfer of functions
specified under section 411 takes effect, the As-
sistant Secretary of the Bureau of Border Secu-
rity shall design and implement a managerial
rotation program under which employees of such
bureau holding positions involving supervisory
or managerial responsibility and classified, in
accordance with chapter 51 of title 5, United
States Code, as a GS–14 or above, shall, as a
condition on further promotion—
(i) gain some experience in all the
major functions performed by such bureau;
and
(ii) work in at least one local office of
such bureau.
(B) REPORT.—Not later than 2 years after
the date on which the transfer of functions speci-
fied under section 411 takes effect, the Secretary
shall submit a report to the Congress on the im-
plementation of such program.
(b) CHIEF OF POLICY AND STRATEGY.—
(1) IN GENERAL.—There shall be a position of
Chief of Policy and Strategy for the Bureau of Border
Security.
(2) FUNCTIONS.—In consultation with Bureau of
Border Security personnel in local offices, the Chief of
Policy and Strategy shall be responsible for—
(A) establishing national immigration en-
forcement policies and priorities;
(B) performing policy research and analysis
on immigration enforcement issues; and
(C) coordinating immigration policy issues
with the Chief of Policy and Strategy for the Bu-
reau of Citizenship and Immigration Services of
the Department of Justice (established under
chapter 2), and the Assistant Attorney General
for Citizenship and Immigration Services, as ap-
propriate.
(c) CITIZENSHIP AND IMMIGRATION SERVICES LIAI-
SON.—
(1) IN GENERAL.—There shall be a position of
Citizenship and Immigration Services Liaison for the
Bureau of Border Security.
(2) FUNCTIONS.—The Citizenship and Immigra-
tion Services Liaison shall be responsible for the ap-
propriate allocation and coordination of resources in-
volved in supporting shared support functions for the
Bureau of Citizenship and Immigration Services of
the Department of Justice (established under chapter
2) and the Bureau of Border Security, including—
(A) information resources management, in-
cluding computer databases and information
technology;
(B) records and file management; and
(C) forms management.
SEC. 413. PROFESSIONAL RESPONSIBILITY AND QUALITY
REVIEW.
The Under Secretary for Border and Transportation
Security shall be responsible for—
(1) conducting investigations of noncriminal al-
legations of misconduct, corruption, and fraud involv-
ing any employee of the Bureau of Border Security
that are not subject to investigation by the Inspector
General for the Department;
(2) inspecting the operations of the Bureau of
Border Security and providing assessments of the
quality of the operations of such bureau as a whole
and each of its components; and
(3) providing an analysis of the management of
the Bureau of Border Security.
SEC. 414. EMPLOYEE DISCIPLINE.
The Under Secretary for Border and Transportation
Security may, notwithstanding any other provision of law,
impose disciplinary action, including termination of em-
ployment, pursuant to policies and procedures applicable
to employees of the Federal Bureau of Investigation, on any
employee of the Bureau of Border Security who willfully
deceives the Congress or agency leadership on any matter.
SEC. 415. REPORT ON IMPROVING ENFORCEMENT FUNC-
TIONS.
(a) IN GENERAL.—The Secretary, not later than 1
year after being sworn into office, shall submit to the Com-
mittees on Appropriations and the Judiciary of the United
States House of Representatives and of the Senate a report
with a plan detailing how the Bureau of Border Security,
after the transfer of functions specified under section 411
takes effect, will enforce comprehensively, effectively, and
fairly all the enforcement provisions of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) relating to such
functions.
(b) CONSULTATION.—In carrying out subsection (a),
the Secretary of Homeland Security shall consult with the
Attorney General, the Secretary of State, the Assistant At-
torney General for Citizenship and Immigration Services,
the Director of the Federal Bureau of Investigation, the Sec-
retary of the Treasury, the Secretary of Labor, the Commis-
sioner of Social Security, the Director of the Executive Of-
fice for Immigration Review, and the heads of State and
local law enforcement agencies to determine how to most
effectively conduct enforcement operations.
CHAPTER 2—CITIZENSHIP AND
IMMIGRATION SERVICES
Subchapter A—Transfers of Functions
SEC. 421. ESTABLISHMENT OF BUREAU OF CITIZENSHIP
AND IMMIGRATION SERVICES.
(a) ESTABLISHMENT OF BUREAU.—
(1) IN GENERAL.—There is established in the De-
partment of Justice a bureau to be known as the ‘‘Bu-
reau of Citizenship and Immigration Services’’.
(2) ASSISTANT ATTORNEY GENERAL.—The head
of the Bureau of Citizenship and Immigration Serv-
ices shall be the Assistant Attorney General for Citi-
zenship and Immigration Services, who—
(A) shall report directly to the Deputy At-
torney General; and
(B) shall have a minimum of 10 years pro-
fessional experience in the rendering of adjudica-
tions on the provision of government benefits or
services, at least 5 of which shall have been years
of service in a managerial capacity or in a posi-
tion affording comparable management experi-
ence.
(3) FUNCTIONS.—The Assistant Attorney Gen-
eral for Citizenship and Immigration Services—
(A) shall establish the policies for per-
forming such functions as are transferred to the
Assistant Attorney General by this section or this
Act or otherwise vested in the Assistant Attorney
General by law;
(B) shall oversee the administration of such
policies;
(C) shall advise the Deputy Attorney Gen-
eral with respect to any policy or operation of
the Bureau of Citizenship and Immigration
Services that may affect the Bureau of Border
Security of the Department of Homeland Secu-
rity, including potentially conflicting policies or
operations;
(D) shall meet regularly with the Ombuds-
man described in section 422 to correct serious
service problems identified by the Ombudsman;
and
(E) shall establish procedures requiring a
formal response to any recommendations sub-
mitted in the Ombudsman’s annual report to the
Congress within 3 months after its submission to
the Congress.
(4) MANAGERIAL ROTATION PROGRAM.—
(A) IN GENERAL.—Not later than 1 year
after the effective date specified in section 427,
the Assistant Attorney General for Citizenship
and Immigration Services shall design and im-
plement a managerial rotation program under
which employees of such bureau holding positions
involving supervisory or managerial responsi-
bility and classified, in accordance with chapter
51 of title 5, United States Code, as a GS–14 or
above, 
shall, 
as 
a 
condition 
on 
further
promotion—
(i) gain some experience in all the
major functions performed by such bureau;
and
(ii) work in at least one field office
and one service center of such bureau.
(B) REPORT.—Not later than 2 years after
the effective date specified in section 427, the At-
torney General shall submit a report to the Con-
gress on the implementation of such program.
(5) PILOT
INITIATIVES
FOR
BACKLOG
ELIMI-
NATION.—The Assistant Attorney General for Citizen-
ship and Immigration Services is authorized to im-
plement innovative pilot initiatives to eliminate any
remaining backlog in the processing of immigration
benefit applications, and to prevent any backlog in
the processing of such applications from recurring, in
accordance with section 204(a) of the Immigration
Services and Infrastructure Improvements Act of
2000 (8 U.S.C. 1573(a)). Such initiatives may in-
clude measures such as increasing personnel, transfer-
ring personnel to focus on areas with the largest po-
tential for backlog, and streamlining paperwork.
(b) TRANSFER
OF
FUNCTIONS
FROM
COMMIS-
SIONER.—There are transferred from the Commissioner of
Immigration and Naturalization to the Assistant Attorney
General for Citizenship and Immigration Services the fol-
lowing functions, and all personnel, infrastructure, and
funding provided to the Commissioner in support of such
functions immediately before the effective date specified in
section 427:
(1) Adjudications of immigrant visa petitions.
(2) Adjudications of naturalization petitions.
(3) Adjudications of asylum and refugee applica-
tions.
(4) Adjudications performed at service centers.
(5) All other adjudications performed by the Im-
migration and Naturalization Service immediately
before the effective date specified in section 427.
(c) CHIEF OF POLICY AND STRATEGY.—
(1) IN GENERAL.—There shall be a position of
Chief of Policy and Strategy for the Bureau of Citi-
zenship and Immigration Services.
(2) FUNCTIONS.—In consultation with Bureau of
Citizenship and Immigration Services personnel in
field offices, the Chief of Policy and Strategy shall be
responsible for—
(A) establishing national immigration serv-
ices policies and priorities;
(B) performing policy research and analysis
on immigration services issues; and
(C) coordinating immigration policy issues
with the Chief of Policy and Strategy for the Bu-
reau of Border Security of the Department of
Homeland Security.
(d) GENERAL COUNSEL.—
(1) IN GENERAL.—There shall be a position of
General Counsel for the Bureau of Citizenship and
Immigration Services.
(2) FUNCTIONS.—The General Counsel shall
serve as the principal legal advisor to the Assistant
Attorney General for Citizenship and Immigration
Services. The General Counsel shall be responsible
for—
(A) providing specialized legal advice, opin-
ions, determinations, regulations, and any other
assistance to the Assistant Attorney General for
Citizenship and Immigration Services with re-
spect to legal matters affecting the Bureau of
Citizenship and Immigration Services; and
(B) representing the Bureau of Citizenship
and Immigration Services in visa petition ap-
peal proceedings before the Executive Office for
Immigration Review and in other legal or ad-
ministrative proceedings involving immigration
services issues.
(e) CHIEF BUDGET OFFICER.—
(1) IN GENERAL.—There shall be a position of
Chief Budget Officer for the Bureau of Citizenship
and Immigration Services.
(2) FUNCTIONS.—
(A) IN GENERAL.—The Chief Budget Officer
shall be responsible for—
(i) formulating and executing the
budget of the Bureau of Citizenship and Im-
migration Services;
(ii) financial management of the Bu-
reau of Citizenship and Immigration Serv-
ices; and
(iii) collecting all payments, fines, and
other debts for the Bureau of Citizenship
and Immigration Services.
(3) AUTHORITY
AND
FUNCTIONS
OF
AGENCY
CHIEF FINANCIAL OFFICERS.—The Chief Budget Offi-
cer for the Bureau of Citizenship and Immigration
Services shall have the authorities and functions de-
scribed in section 902 of title 31, United States Code,
in relation to financial activities of such bureau.
(f) CHIEF OF CONGRESSIONAL, INTERGOVERNMENTAL,
AND PUBLIC AFFAIRS.—
(1) IN GENERAL.—There shall be a position of
Chief of Congressional, Intergovernmental, and Public
Affairs for the Bureau of Citizenship and Immigra-
tion Services.
(2) FUNCTIONS.—The Chief of Congressional,
Intergovernmental, and Public Affairs shall be re-
sponsible for—
(A) providing information relating to im-
migration services to the Congress, including in-
formation on specific cases relating to immigra-
tion services issues;
(B) serving as a liaison with other Federal
agencies on immigration services issues; and
(C) responding to inquiries from the media
and the general public on immigration services
issues.
(g) BORDER SECURITY LIAISON.—
(1) IN GENERAL.—There shall be a position of
Border Security Liaison for the Bureau of Citizen-
ship and Immigration Services.
(2) FUNCTIONS.—The Border Security Liaison
shall be responsible for the appropriate allocation and
coordination of resources involved in supporting
shared support functions for the Bureau of Border Se-
curity of the Department of Homeland Security and
the Bureau of Citizenship and Immigration Services,
including—
(A) information resources management, in-
cluding computer databases and information
technology;
(B) records and file management; and
(C) forms management.
(h) CHIEF OF OFFICE OF CITIZENSHIP.—
(1) IN GENERAL.—There shall be a position of
Chief of the Office of Citizenship for the Bureau of
Citizenship and Immigration Services.
(2) FUNCTIONS.—The Chief of the Office of Citi-
zenship for the Bureau of Citizenship and Immigra-
tion Services shall be responsible for promoting in-
struction and training on citizenship responsibilities
for aliens interested in becoming naturalized citizens
of the United States, including the development of
educational materials.
SEC. 422. CITIZENSHIP AND IMMIGRATION SERVICES OM-
BUDSMAN.
(a) IN GENERAL.—Within the Department of Justice,
there shall be a position of Citizenship and Immigration
Services Ombudsman (in this section referred to as the
‘‘Ombudsman’’). The Ombudsman shall report directly to
the Deputy Attorney General. The Ombudsman shall have
a background in customer service as well as immigration
law.
(b) FUNCTIONS.—It shall be the function of the
Ombudsman—
(1) to assist individuals and employers in resolv-
ing problems with the Bureau of Citizenship and Im-
migration Services;
(2) to identify areas in which individuals and
employers have problems in dealing with the Bureau
of Citizenship and Immigration Services;
(3) to the extent possible, to propose changes in
the administrative practices of the Bureau of Citizen-
ship and Immigration Services to mitigate problems
identified under paragraph (2); and
(4) to identify potential legislative changes that
may be appropriate to mitigate such problems.
(c) ANNUAL REPORTS.—
(1) OBJECTIVES.—Not later than June 30 of
each calendar year, the Ombudsman shall report to
the Committee on the Judiciary of the United States
House of Representatives and the Senate on the objec-
tives of the Office of the Ombudsman for the fiscal
year beginning in such calendar year. Any such re-
port shall contain full and substantive analysis, in
addition to statistical information, and—
(A) shall identify the initiatives the Office
of the Ombudsman has taken on improving serv-
ices and responsiveness of the Bureau of Citizen-
ship and Immigration Services;
(B) shall contain a summary of the most
pervasive and serious problems encountered by
individuals and employers, including a descrip-
tion of the nature of such problems;
(C) shall contain an inventory of the items
described in subparagraphs (A) and (B) for
which action has been taken and the result of
such action;
(D) shall contain an inventory of the items
described in subparagraphs (A) and (B) for
which action remains to be completed and the
period during which each item has remained on
such inventory;
(E) shall contain an inventory of the items
described in subparagraphs (A) and (B) for
which no action has been taken, the period dur-
ing which each item has remained on such in-
ventory, the reasons for the inaction, and shall
identify any official of the Bureau of Citizenship
and Immigration Services who is responsible for
such inaction;
(F) shall contain recommendations for such
administrative and legislative action as may be
appropriate to resolve problems encountered by
individuals and employers, including problems
created by excessive backlogs in the adjudication
and processing of immigration benefit petitions
and applications; and
(G) shall include such other information as
the Ombudsman may deem advisable.
(2) REPORT
TO
BE
SUBMITTED
DIRECTLY.—
Each report required under this subsection shall be
provided directly to the committees described in para-
graph (1) without any prior review or comment from
the Attorney General, Deputy Attorney General, As-
sistant Attorney General for Citizenship and Immi-
gration Services, or any other officer or employee of
the Department of Justice or the Office of Manage-
ment and Budget.
(d) OTHER RESPONSIBILITIES.—The Ombudsman—
(1) shall monitor the coverage and geographic al-
location of local offices of the Ombudsman;
(2) shall develop guidance to be distributed to all
officers and employees of the Bureau of Citizenship
and Immigration Services outlining the criteria for
referral of inquiries to local offices of the Ombuds-
man;
(3) shall ensure that the local telephone number
for each local office of the Ombudsman is published
and available to individuals and employers served by
the office; and
(4) shall meet regularly with the Assistant Attor-
ney General for Citizenship and Immigration Serv-
ices to identify serious service problems and to present
recommendations for such administrative action as
may be appropriate to resolve problems encountered
by individuals and employers.
(e) PERSONNEL ACTIONS.—
(1) IN GENERAL.—The Ombudsman shall have
the responsibility and authority—
(A) to appoint local ombudsmen and make
available at least 1 such ombudsman for each
State; and
(B) to evaluate and take personnel actions
(including dismissal) with respect to any em-
ployee of any local office of the Ombudsman.
(2) CONSULTATION.—The Ombudsman may con-
sult with the appropriate supervisory personnel of the
Bureau of Citizenship and Immigration Services in
carrying out the Ombudsman’s responsibilities under
this subsection.
(f) RESPONSIBILITIES OF BUREAU OF CITIZENSHIP
AND IMMIGRATION SERVICES.—The Assistant Attorney
General for Citizenship and Immigration Services shall es-
tablish procedures requiring a formal response to all rec-
ommendations submitted to such Assistant Attorney Gen-
eral by the Ombudsman within 3 months after submission
to such director.
(g) OPERATION OF LOCAL OFFICES.—
(1) IN GENERAL.—Each local ombudsman—
(A) shall report to the Ombudsman or the
delegate thereof;
(B) may consult with the appropriate su-
pervisory personnel of the Bureau of Citizenship
and Immigration Services regarding the daily
operation of the local office of such ombudsman;
(C) shall, at the initial meeting with any
individual or employer seeking the assistance of
such local office, notify such individual or em-
ployer that the local offices of the Ombudsman
operate independently of any other component of
the Department of Justice and report directly to
the Congress through the Ombudsman; and
(D) at the local ombudsman’s discretion,
may determine not to disclose to the Bureau of
Citizenship and Immigration Services contact
with, or information provided by, such indi-
vidual or employer.
(2) MAINTENANCE
OF
INDEPENDENT
COMMU-
NICATIONS.—Each local office of the Ombudsman
shall maintain a phone, facsimile, and other means
of electronic communication access, and a post office
address, that is separate from those maintained by
the Bureau of Citizenship and Immigration Services,
or any component of the Bureau of Citizenship and
Immigration Services.
SEC. 423. PROFESSIONAL RESPONSIBILITY AND QUALITY
REVIEW.
(a) IN GENERAL.—The Assistant Attorney General for
Citizenship and Immigration Services shall be responsible
for—
(1) conducting investigations of noncriminal al-
legations of misconduct, corruption, and fraud involv-
ing any employee of the Bureau of Citizenship and
Immigration Services that are not subject to inves-
tigation by the Department of Justice Office of the In-
spector General;
(2) inspecting the operations of the Bureau of
Citizenship and Immigration Services and providing
assessments of the quality of the operations of such
bureau as a whole and each of its components; and
(3) providing an analysis of the management of
the Bureau of Citizenship and Immigration Services.
(b) SPECIAL CONSIDERATIONS.—In providing assess-
ments in accordance with subsection (a)(2) with respect to
a decision of the Bureau of Citizenship and Immigration
Services, or any of its components, consideration shall be
given to—
(1) the accuracy of the findings of fact and con-
clusions of law used in rendering the decision;
(2) any fraud or misrepresentation associated
with the decision; and
(3) the efficiency with which the decision was
rendered.
SEC. 424. EMPLOYEE DISCIPLINE.
The Assistant Attorney General for Citizenship and
Immigration Services may, notwithstanding any other pro-
vision of law, impose disciplinary action, including termi-
nation of employment, pursuant to policies and procedures
applicable to employees of the Federal Bureau of Investiga-
tion, on any employee of the Bureau of Citizenship and Im-
migration Services who willfully deceives the Congress or
agency leadership on any matter.
SEC. 425. OFFICE OF IMMIGRATION STATISTICS WITHIN BU-
REAU OF JUSTICE STATISTICS.
(a) IN GENERAL.—Part C of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3731
et seq.) is amended by adding at the end the following:
‘‘OFFICE OF IMMIGRATION STATISTICS
‘‘SEC. 305. (a) There is established within the Bureau
of Justice Statistics of the Department of Justice an Office
of Immigration Statistics (in this section referred to as the
‘Office’), which shall be headed by a Director 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 contained
in the publication entitled ‘Statistical Yearbook 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 Security Act of 2002),
including region-by-region statistics on the aggregate
number of applications and petitions filed by an
alien (or filed on behalf of an alien) and denied by
such offices and bureaus, and the reasons for such de-
nials, disaggregated by category of denial and appli-
cation or petition type.
‘‘(2) Establishment of standards of reliability
and validity for immigration statistics collected by
the Bureau of Citizenship and Immigration Services
and the Executive Office for Immigration Review.
‘‘(c) The Bureau of Citizenship and Immigration Serv-
ices and the Executive Office for Immigration Review shall
provide statistical information to the Office of Immigration
Statistics from the operational data systems controlled by
the Bureau of Citizenship and Immigration Services and
the Executive Office for Immigration Review, respectively,
for the purpose of meeting the responsibilities of the Direc-
tor.’’.
(b) TRANSFER OF FUNCTIONS.—There are transferred
to the Office of Immigration Statistics established under
section 305 of the Omnibus Crime Control and Safe Streets
Act of 1968, as added by subsection (a), the functions per-
formed immediately before such transfer occurs by the Sta-
tistics Branch of the Office of Policy and Planning of the
Immigration and Naturalization Service with respect to the
following:
(1) Adjudications of immigrant visa petitions.
(2) Adjudications of naturalization petitions.
(3) Adjudications of asylum and refugee applica-
tions.
(4) Adjudications performed at service centers.
(5) All other adjudications performed by the Im-
migration and Naturalization Service.
(c) CONFORMING AMENDMENTS.—Section 302(c) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3732(c)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(22);
(2) by striking the period at the end of para-
graph (23) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(24) collect, maintain, compile, analyze, pub-
lish, and disseminate information and statistics in-
volving the functions of the Bureau of Citizenship and
Immigration Services and the Executive Office for
Immigration Review.’’.
SEC. 426. PRESERVATION OF ATTORNEY GENERAL’S AU-
THORITY.
(a) IN GENERAL.—Any function for which this sub-
chapter vests responsibility in an official other than the At-
torney General, or which is transferred by this subchapter
to such an official, may, notwithstanding any provision of
this subchapter, be performed by the Attorney General, or
the Attorney General’s delegate, in lieu of such official.
(b) REFERENCES.—In a case in which the Attorney
General performs a function described in subsection (a),
any reference in any other Federal law, Executive order,
rule, regulation, document, or delegation of authority to the
official otherwise responsible for the function is deemed to
refer to the Attorney General.
SEC. 427. EFFECTIVE DATE.
Notwithstanding section 4, this subchapter, and the
amendments made by this subchapter, shall take effect on
the date on which the transfer of functions specified under
section 411 takes effect.
SEC. 428. TRANSITION.
(a) REFERENCES.—With respect to any function
transferred by this subchapter to, and exercised on or after
the effective date specified in section 427 by, the Assistant
Attorney General for Citizenship and Immigration Serv-
ices, any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any
document of or pertaining to a component of government
from which such function is transferred—
(1) to the head of such component is deemed to
refer to the Assistant Attorney General for Citizenship
and Immigration Services; or
(2) to such component is deemed to refer to the
Bureau of Citizenship and Immigration Services.
(b) OTHER TRANSITION ISSUES.—
(1) EXERCISE OF AUTHORITIES.—Except as oth-
erwise provided by law, a Federal official to whom a
function is transferred by this subchapter may, for
purposes of performing the function, exercise all au-
thorities under any other provision of law that were
available with respect to the performance of that func-
tion to the official responsible for the performance of
the function immediately before the effective date spec-
ified in section 427.
(2) SAVINGS PROVISIONS.—Subsections (a), (b),
and (c) of section 812 shall apply to a transfer of
100
functions under this subchapter in the same manner
as such provisions apply to a transfer of functions
under this Act to the Department of Homeland Secu-
rity.
(3) TRANSFER AND ALLOCATION OF APPROPRIA-
TIONS AND PERSONNEL.—The personnel of the De-
partment of Justice employed in connection with the
functions transferred by this subchapter (and func-
tions that the Attorney General determines are prop-
erly related to the functions of the Bureau of Citizen-
ship and Immigration Services), and the assets, li-
abilities, contracts, property, records, and unexpended
balance of appropriations, authorizations, allocations,
and other funds employed, held, used, arising from,
available to, or to be made available to, the Immigra-
tion and Naturalization Service in connection with
the functions transferred by this subchapter, subject to
section 202 of the Budget and Accounting Procedures
Act of 1950, shall be transferred to the Assistant At-
torney General for Citizenship and Immigration
Services for allocation to the appropriate component
of the Department of Justice. Unexpended funds
transferred pursuant to this paragraph shall be used
only for the purposes for which the funds were origi-
nally authorized and appropriated. The Attorney
101
General shall have the right to adjust or realign
transfers of funds and personnel effected pursuant to
this subchapter for a period of 2 years after the effec-
tive date specified in section 427.
(4) AUTHORITIES OF ATTORNEY GENERAL.—The
Attorney General (or a delegate of the Attorney Gen-
eral), at such time or times as the Attorney General
(or the delegate) shall provide, may make such deter-
minations as may be necessary with regard to the
functions transferred by this subchapter, and may
make such additional incidental dispositions of per-
sonnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held,
used, arising from, available to, or to be made avail-
able in connection with such functions, as may be
necessary to carry out the provisions of this sub-
chapter. The Attorney General shall provide for such
further measures and dispositions as may be nec-
essary to effectuate the purposes of this subchapter.
Subchapter B—Other Provisions
SEC. 431. FUNDING FOR CITIZENSHIP AND IMMIGRATION
SERVICES.
(a) ESTABLISHMENT OF FEES FOR ADJUDICATION AND
NATURALIZATION SERVICES.—Section 286(m) of the Immi-
102
gration and Nationality Act (8 U.S.C. 1356(m)) is amend-
ed by striking ‘‘services, including the costs of similar serv-
ices provided without charge to asylum applicants or other
immigrants.’’ and inserting ‘‘services.’’.
(b) AUTHORIZATION OF APPROPRIATIONS FOR REF-
UGEE AND ASYLUM ADJUDICATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry
out the provisions of sections 207 through 209 of the Immi-
gration and Nationality Act (8 U.S.C. 1157–1159). All
funds appropriated under this subsection shall be deposited
into the Immigration Examinations Fee Account estab-
lished under section 286(m) of the Immigration and Na-
tionality Act (8 U.S.C. 1356(m)) and shall remain avail-
able until expended.
SEC. 432. BACKLOG ELIMINATION.
Section 204(a)(1) of the Immigration Services and In-
frastructure Improvements Act of 2000 (8 U.S.C.
1573(a)(1)) is amended by striking ‘‘not later than one year
after the date of enactment of this Act;’’ and inserting ‘‘1
year after the date of the enactment of the Homeland Secu-
rity Act of 2002;’’.
SEC. 433. REPORT ON IMPROVING IMMIGRATION SERVICES.
(a) IN GENERAL.—The Attorney General, not later
than 1 year after the effective date of this Act, shall submit
to the Committees on the Judiciary and Appropriations of
103
the United States House of Representatives and of the Sen-
ate a report with a plan detailing how the Bureau of Citi-
zenship and Immigration Services, after the transfer of
functions specified in subchapter 1 takes effect, will com-
plete efficiently, fairly, and within a reasonable time, the
adjudications described in paragraphs (1) through (5) of
section 421(b).
(b) CONTENTS.—For each type of adjudication to be
undertaken by the Assistant Attorney General for Citizen-
ship and Immigration Services, the report shall include the
following:
(1) Any potential savings of resources that may
be implemented without affecting the quality of the
adjudication.
(2) The goal for processing time with respect to
the application.
(3) Any statutory modifications with respect to
the adjudication that the Attorney General considers
advisable.
(c) CONSULTATION.—In carrying out subsection (a),
the Attorney General shall consult with the Secretary of
State, the Secretary of Labor, the Assistant Secretary of the
Bureau of Border Security of the Department of Homeland
Security, and the Director of the Executive Office for Immi-
gration Review to determine how to streamline and improve
104
the process for applying for and making adjudications de-
scribed in section 421(b) and related processes.
SEC. 434. REPORT ON RESPONDING TO FLUCTUATING
NEEDS.
Not later than 30 days after the date of the enactment
of this Act, the Attorney General shall submit to the Con-
gress a report on changes in law, including changes in au-
thorizations of appropriations and in appropriations, that
are needed to permit the Immigration and Naturalization
Service, and, after the transfer of functions specified in sub-
chapter 1 takes effect, the Bureau of Citizenship and Immi-
gration Services, to ensure a prompt and timely response
to emergent, unforeseen, or impending changes in the num-
ber of applications for immigration benefits, and otherwise
to ensure the accommodation of changing immigration serv-
ice needs.
SEC. 
435. 
APPLICATION 
OF 
INTERNET-BASED 
TECH-
NOLOGIES.
(a) ESTABLISHMENT OF TRACKING SYSTEM.—The At-
torney General, not later than 1 year after the effective date
of this Act, in consultation with the Technology Advisory
Committee established under subsection (c), shall establish
an Internet-based system, that will permit a person, em-
ployer, immigrant, or nonimmigrant who has filings with
the Attorney General for any benefit under the Immigration
105
and Nationality Act (8 U.S.C. 1101 et seq.), access to online
information about the processing status of the filing in-
volved.
(b) FEASIBILITY STUDY FOR ONLINE FILING AND IM-
PROVED PROCESSING.—
(1) ONLINE FILING.—The Attorney General, in
consultation with the Technology Advisory Committee
established under subsection (c), shall conduct a feasi-
bility study on the online filing of the filings de-
scribed in subsection (a). The study shall include a
review of computerization and technology of the Im-
migration and Naturalization Service relating to the
immigration services and processing of filings related
to immigrant services. The study shall also include an
estimate of the timeframe and cost and shall consider
other factors in implementing such a filing system,
including the feasibility of fee payment online.
(2) REPORT.—A report on the study under this
subsection shall be submitted to the Committees on the
Judiciary of the United States House of Representa-
tives and the Senate not later than 1 year after the
effective date of this Act.
(c) TECHNOLOGY ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—The Attorney General
shall establish, not later than 60 days after the effec-
106
tive date of this Act, an advisory committee (in this
section referred to as the ‘‘Technology Advisory Com-
mittee’’) to assist the Attorney General in—
(A) establishing the tracking system under
subsection (a); and
(B) conducting the study under subsection
(b).
The Technology Advisory Committee shall be estab-
lished after consultation with the Committees on the
Judiciary of the United States House of Representa-
tives and the Senate.
(2) COMPOSITION.—The Technology Advisory
Committee shall be composed of representatives from
high technology companies capable of establishing and
implementing the system in an expeditious manner,
and representatives of persons who may use the track-
ing system described in subsection (a) and the online
filing system described in subsection (b)(1).
SEC. 436. CHILDREN’S AFFAIRS.
(a) TRANSFER OF FUNCTIONS.—There are transferred
to the Director of the Office of Refugee Resettlement of the
Department of Health and Human Services functions
under the immigration laws of the United States with re-
spect to the care of unaccompanied alien children that were
vested by statute in, or performed by, the Commissioner of
107
Immigration and Naturalization (or any officer, employee,
or component of the Immigration and Naturalization Serv-
ice) immediately before the effective date specified in sub-
section (d).
(b) FUNCTIONS.—
(1) IN GENERAL.—Pursuant to the transfer made
by subsection (a), the Director of the Office of Refugee
Resettlement shall be responsible for—
(A) coordinating and implementing the care
and placement of unaccompanied alien children
who are in Federal custody by reason of their
immigration status, including developing a plan
to be submitted to the Congress on how to ensure
that qualified and independent legal counsel is
timely appointed to represent the interests of
each such child, consistent with the law regard-
ing appointment of counsel that is in effect on
the date of the enactment of this Act;
(B) ensuring that the interests of the child
are considered in decisions and actions relating
to the care and custody of an unaccompanied
alien child;
(C) making placement determinations for
all unaccompanied alien children who are in
108
Federal custody by reason of their immigration
status;
(D) implementing the placement determina-
tions;
(E) implementing policies with respect to
the care and placement of unaccompanied alien
children;
(F) identifying a sufficient number of
qualified individuals, entities, and facilities to
house unaccompanied alien children;
(G) overseeing the infrastructure and per-
sonnel of facilities in which unaccompanied
alien children reside;
(H) reuniting unaccompanied alien chil-
dren with a parent abroad in appropriate cases;
(I) compiling, updating, and publishing at
least annually a state-by-state list of profes-
sionals or other entities qualified to provide
guardian and attorney representation services
for unaccompanied alien children;
(J) maintaining statistical information and
other data on unaccompanied alien children for
whose care and placement the Director is respon-
sible, which shall include—
109
(i) biographical information, such as a
child’s name, gender, date of birth, country
of birth, and country of habitual residence;
(ii) the date on which the child came
into Federal custody by reason of his or her
immigration status;
(iii) information relating to the child’s
placement, removal, or release from each fa-
cility in which the child has resided;
(iv) in any case in which the child is
placed in detention or released, an expla-
nation relating to the detention or release;
and
(v) the disposition of any actions in
which the child is the subject;
(K) collecting and compiling statistical in-
formation from the Department of Justice, the
Department of Homeland Security, and the De-
partment of State on each department’s actions
relating to unaccompanied alien children; and
(L) conducting investigations and inspec-
tions of facilities and other entities in which un-
accompanied alien children reside.
(2) COORDINATION WITH OTHER ENTITIES; NO
RELEASE ON OWN RECOGNIZANCE.—In making deter-
110
minations described in paragraph (1)(C), the Director
of the Office of Refugee Resettlement—
(A) shall consult with appropriate juvenile
justice professionals, the Director of the Bureau
of Citizenship and Immigration Services of the
Department of Justice, and the Assistant Sec-
retary of the Bureau of Border Security of the
Department of Homeland Security to ensure that
such determinations ensure that unaccompanied
alien children described in such subparagraph—
(i) are likely to appear for all hearings
or proceedings in which they are involved;
(ii) are protected from smugglers, traf-
fickers, or others who might seek to vic-
timize or otherwise engage them in crimi-
nal, harmful, or exploitive activity; and
(iii) are placed in a setting in which
they not likely to pose a danger to them-
selves or others; and
(B) shall not release such children upon
their own recognizance.
(3) DUTIES WITH RESPECT TO FOSTER CARE.—
In carrying out the duties described in paragraph
(1)(G), the Director of the Office of Refugee Resettle-
ment is encouraged to use the refugee children foster
111
care system established pursuant to section 412(d) of
the Immigration and Nationality Act (8 U.S.C.
1522(d)) for the placement of unaccompanied alien
children.
(c) RULE OF CONSTRUCTION.—Nothing in this section
may be construed to transfer the responsibility for adjudi-
cating benefit determinations under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) from the authority
of any official of the Department of Justice, the Department
of Homeland Security, or the Department of State.
(d) EFFECTIVE DATE.—Notwithstanding section 4,
this section shall take effect on the date on which the trans-
fer of functions specified under section 411 takes effect.
(e) REFERENCES.—With respect to any function
transferred by this section, any reference in any other Fed-
eral law, Executive order, rule, regulation, or delegation of
authority, or any document of or pertaining to a component
of government from which such function is transferred—
(1) to the head of such component is deemed to
refer to the Director of the Office of Refugee Resettle-
ment; or
(2) to such component is deemed to refer to the
Office of Refugee Resettlement of the Department of
Health and Human Services.
(f) OTHER TRANSITION ISSUES.—
112
(1) EXERCISE OF AUTHORITIES.—Except as oth-
erwise provided by law, a Federal official to whom a
function is transferred by this section may, for pur-
poses of performing the function, exercise all authori-
ties under any other provision of law that were avail-
able with respect to the performance of that function
to the official responsible for the performance of the
function immediately before the effective date specified
in subsection (d).
(2) SAVINGS PROVISIONS.—Subsections (a), (b),
and (c) of section 812 shall apply to a transfer of
functions under this section in the same manner as
such provisions apply to a transfer of functions under
this Act to the Department of Homeland Security.
(3) TRANSFER AND ALLOCATION OF APPROPRIA-
TIONS AND PERSONNEL.—The personnel of the De-
partment of Justice employed in connection with the
functions transferred by this section, and the assets,
liabilities, contracts, property, records, and unex-
pended balance of appropriations, authorizations, al-
locations, and other funds employed, held, used, aris-
ing from, available to, or to be made available to, the
Immigration and Naturalization Service in connec-
tion with the functions transferred by this section,
subject to section 202 of the Budget and Accounting
113
Procedures Act of 1950, shall be transferred to the Di-
rector of the Office of Refugee Resettlement for alloca-
tion to the appropriate component of the Department
of Health and Human Services. Unexpended funds
transferred pursuant to this paragraph shall be used
only for the purposes for which the funds were origi-
nally authorized and appropriated.
(g) DEFINITIONS.—As used in this section—
(1) the term ‘‘placement’’ means the placement of
an unaccompanied alien child in either a detention
facility or an alternative to such a facility; and
(2) the term ‘‘unaccompanied alien child’’ means
a child who—
(A) has no lawful immigration status in the
United States;
(B) has not attained 18 years of age; and
(C) with respect to whom—
(i) there is no parent or legal guardian
in the United States; or
(ii) no parent or legal guardian in the
United States is available to provide care
and physical custody.
114
CHAPTER 3—GENERAL PROVISIONS
SEC. 441. ABOLISHMENT OF INS.
The Immigration and Naturalization Service of the
Department of Justice is abolished.
SEC. 442. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘employee’’ means an employee (as
defined by section 2105 of title 5, United States Code)
who—
(A) has completed at least 3 years of cur-
rent continuous service with 1 or more covered
entities; and
(B) is serving under an appointment with-
out time limitation;
but does not include any person under subparagraphs
(A)–(G) of section 663(a)(2) of Public Law 104–208
(5 U.S.C. 5597 note);
(2) the term ‘‘covered entity’’ means—
(A) the Immigration and Naturalization
Service;
(B) the Bureau of Border Security of the
Department of Homeland Security; and
(C) the Bureau of Citizenship and Immi-
gration Services of the Department of Justice;
and
115
(3) the term ‘‘transfer date’’ means the date on
which the transfer of functions specified under section
411 takes effect.
(b) STRATEGIC RESTRUCTURING PLAN.—Before the
Attorney General or the Secretary obligates any resources
for voluntary separation incentive payments under this sec-
tion, such official shall submit to the appropriate commit-
tees of Congress a strategic restructuring plan, which shall
include—
(1) an organizational chart depicting the covered
entities after their restructuring pursuant to this Act;
(2) a summary description of how the authority
under this section will be used to help carry out that
restructuring; and
(3) the information specified in section 663(b)(2)
of Public Law 104–208 (5 U.S.C. 5597 note).
As used in the preceding sentence, the ‘‘appropriate commit-
tees of Congress’’ are the Committees on Appropriations,
Government Reform, and the Judiciary of the House of
Representatives, and the Committees on Appropriations,
Governmental Affairs, and the Judiciary of the Senate.
(c) AUTHORITY.—The Attorney General and the Sec-
retary may, to the extent necessary to help carry out their
respective strategic restructuring plan described in sub-
116
section (b), make voluntary separation incentive payments
to employees. Any such payment—
(1) shall be paid to the employee, in a lump
sum, after the employee has separated from service;
(2) shall be paid from appropriations or funds
available for the payment of basic pay of the em-
ployee;
(3) shall be equal to the lesser of—
(A) the amount the employee would be enti-
tled to receive under section 5595(c) of title 5,
United States Code; or
(B) an amount not to exceed $25,000, as de-
termined by the Attorney General or the Sec-
retary;
(4) may not be made except in the case of any
qualifying 
employee 
who 
voluntarily 
separates
(whether by retirement or resignation) before the end
of—
(A) the 3-month period beginning on the
date on which such payment is offered or made
available to such employee; or
(B) the 3-year period beginning on the date
of the enactment of this Act,
whichever occurs first;
117
(5) shall not be a basis for payment, and shall
not be included in the computation, of any other type
of Government benefit; and
(6) shall not be taken into account in deter-
mining the amount of any severance pay to which the
employee may be entitled under section 5595 of title
5, United States Code, based on any other separation.
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RE-
TIREMENT FUND.—
(1) IN GENERAL.—In addition to any payments
which it is otherwise required to make, the Depart-
ment of Justice and the Department of Homeland Se-
curity shall, for each fiscal year with respect to which
it makes any voluntary separation incentive pay-
ments under this section, remit to the Office of Per-
sonnel Management for deposit in the Treasury of the
United States to the credit of the Civil Service Retire-
ment and Disability Fund the amount required under
paragraph (2).
(2) AMOUNT REQUIRED.—The amount required
under this paragraph shall, for any fiscal year, be the
amount under subparagraph (A) or (B), whichever is
greater.
(A) FIRST
METHOD.—The amount under
this subparagraph shall, for any fiscal year, be
118
equal to the minimum amount necessary to offset
the additional costs to the retirement systems
under title 5, United States Code (payable out of
the Civil Service Retirement and Disability
Fund) resulting from the voluntary separation of
the employees described in paragraph (3), as de-
termined under regulations of the Office of Per-
sonnel Management.
(B) SECOND METHOD.—The amount under
this subparagraph shall, for any fiscal year, be
equal to 45 percent of the sum total of the final
basic pay of the employees described in para-
graph (3).
(3) COMPUTATIONS TO BE BASED ON SEPARA-
TIONS OCCURRING IN THE FISCAL YEAR INVOLVED.—
The employees described in this paragraph are those
employees who receive a voluntary separation incen-
tive payment under this section based on their sepa-
rating from service during the fiscal year with respect
to which the payment under this subsection relates.
(4) FINAL BASIC PAY DEFINED.—In this sub-
section, the term ‘‘final basic pay’’ means, with re-
spect to an employee, the total amount of basic pay
which would be payable for a year of service by such
employee, computed using the employee’s final rate of
119
basic pay, and, if last serving on other than a full-
time basis, with appropriate adjustment therefor.
(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE
GOVERNMENT.—An individual who receives a voluntary
separation incentive payment under this section and who,
within 5 years after the date of the separation on which
the payment is based, accepts any compensated employment
with the Government or works for any agency of the Gov-
ernment through a personal services contract, shall be re-
quired to pay, prior to the individual’s first day of employ-
ment, the entire amount of the incentive payment. Such
payment shall be made to the covered entity from which
the individual separated or, if made on or after the transfer
date, to the Deputy Attorney General (for transfer to the
appropriate component of the Department of Justice, if nec-
essary) or the Under Secretary for Border and Transpor-
tation Security (for transfer to the appropriate component
of the Department of Homeland Security, if necessary).
(f) EFFECT ON EMPLOYMENT LEVELS.—
(1) INTENDED EFFECT.—Voluntary separations
under this section are not intended to necessarily re-
duce the total number of full-time equivalent positions
in any covered entity.
(2) USE OF VOLUNTARY SEPARATIONS.—A cov-
ered entity may redeploy or use the full-time equiva-
120
lent positions vacated by voluntary separations under
this section to make other positions available to more
critical locations or more critical occupations.
SEC. 443. AUTHORITY TO CONDUCT A DEMONSTRATION
PROJECT RELATING TO DISCIPLINARY AC-
TION.
(a) IN GENERAL.—The Attorney General and the Sec-
retary may each, during a period ending not later than
5 years after the date of the enactment of this Act, conduct
a demonstration project for the purpose of determining
whether one or more changes in the policies or procedures
relating to methods for disciplining employees would result
in improved personnel management.
(b) SCOPE.—A demonstration project under this
section—
(1) may not cover any employees apart from
those employed in or under a covered entity; and
(2) shall not be limited by any provision of
chapter 43, 75, or 77 of title 5, United States Code.
(c) PROCEDURES.—Under the demonstration project—
(1) the use of alternative means of dispute reso-
lution (as defined in section 571 of title 5, United
States Code) shall be encouraged, whenever appro-
priate; and
121
(2) each covered entity under the jurisdiction of
the official conducting the project shall be required to
provide for the expeditious, fair, and independent re-
view of any action to which section 4303 or sub-
chapter II of chapter 75 of such title 5 would other-
wise apply (except an action described in section
7512(5) thereof).
(d) ACTIONS INVOLVING DISCRIMINATION.—Notwith-
standing any other provision of this section, if, in the case
of any matter described in section 7702(a)(1)(B) of title 5,
United States Code, there is no judicially reviewable action
under the demonstration project within 120 days after the
filing of an appeal or other formal request for review (re-
ferred to in subsection (c)(2)), an employee shall be entitled
to file a civil action to the same extent and in the same
manner as provided in section 7702(e)(1) of such title 5
(in the matter following subparagraph (C) thereof).
(e) CERTAIN EMPLOYEES.—Employees shall not be in-
cluded within any project under this section if such employ-
ees are—
(1) neither managers nor supervisors; and
(2) within a unit with respect to which a labor
organization is accorded exclusive recognition under
chapter 71 of title 5, United States Code.
122
Notwithstanding the preceding sentence, an aggrieved em-
ployee within a unit (referred to in paragraph (2)) may
elect to participate in a complaint procedure developed
under the demonstration project in lieu of any negotiated
grievance procedure and any statutory procedure (as such
term is used in section 7121 of such title 5).
(f) REPORTS.—The General Accounting Office shall
prepare and submit to the Committees on Government Re-
form and the Judiciary of the House of Representatives and
the Committees on Governmental Affairs and the Judiciary
of the Senate periodic reports on any demonstration project
conducted under this section, such reports to be submitted
after the second and fourth years of its operation. Upon
request, the Attorney General or the Secretary shall furnish
such information as the General Accounting Office may re-
quire to carry out this subsection.
(g) DEFINITION.—In this section, the term ‘‘covered
entity’’ has the meaning given such term in section
442(a)(2).
SEC. 444. SENSE OF CONGRESS.
It is the sense of the Congress that—
(1) the missions of the Bureau of Border Secu-
rity of the Department of Homeland Security and the
Bureau of Citizenship and Immigration Services of
the Department of Justice are equally important and,
123
accordingly, they each should be adequately funded;
and
(2) the functions transferred under this subtitle
should not, after such transfers take effect, operate at
levels below those in effect prior to the enactment of
this Act.
SEC. 445. REPORTS AND IMPLEMENTATION PLANS.
(a) DIVISION OF FUNDS.—The Attorney General and
the Secretary, not later than 120 days after the effective
date of this Act, shall each submit to the Committees on
Appropriations and the Judiciary of the United States
House of Representatives and of the Senate a report on the
proposed division and transfer of funds, including unex-
pended funds, appropriations, and fees, between the Bureau
of Citizenship and Immigration Services and the Bureau
of Border Security.
(b) DIVISION OF PERSONNEL.—The Attorney General
and the Secretary, not later than 120 days after the effective
date of this Act, shall each submit to the Committees on
Appropriations and the Judiciary of the United States
House of Representatives and of the Senate a report on the
proposed division of personnel between the Bureau of Citi-
zenship and Immigration Services and the Bureau of Bor-
der Security.
(c) IMPLEMENTATION PLAN.—
124
(1) IN GENERAL.—The Attorney General and the
Secretary, not later than 120 days after the effective
date of this Act, and every 6 months thereafter until
the termination of fiscal year 2005, shall each submit
to the Committees on Appropriations and the Judici-
ary of the United States House of Representatives
and of the Senate an implementation plan to carry
out this Act.
(2) 
CONTENTS.—The 
implementation 
plan
should include details concerning the separation of the
Bureau of Citizenship and Immigration Services and
the Bureau of Border Security, including the fol-
lowing:
(A) Organizational structure, including the
field structure.
(B) Chain of command.
(C) Procedures for interaction among such
bureaus.
(D) Fraud detection and investigation.
(E) The processing and handling of removal
proceedings, including expedited removal and
applications for relief from removal.
(F) 
Recommendations 
for 
conforming
amendments to the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
125
(G) Establishment of a transition team.
(H) Methods to phase in the costs of sepa-
rating the administrative support systems of the
Immigration and Naturalization Service in
order to provide for separate administrative sup-
port systems for the Bureau of Citizenship and
Immigration Services and the Bureau of Border
Security.
(d) COMPTROLLER
GENERAL
STUDIES
AND
RE-
PORTS.—
(1) STATUS REPORTS ON TRANSITION.—Not later
than 18 months after the date on which the transfer
of functions specified under section 411 takes effect,
and every 6 months thereafter, until full implementa-
tion of this subtitle has been completed, the Comp-
troller General of the United States shall submit to
the Committees on Appropriations and on the Judici-
ary of the United States House of Representatives
and the Senate a report containing the following:
(A) A determination of whether the trans-
fers of functions made by chapters 1 and 2 have
been completed, and if a transfer of functions has
not taken place, identifying the reasons why the
transfer has not taken place.
126
(B) If the transfers of functions made by
chapters 1 and 2 have been completed, an identi-
fication of any issues that have arisen due to the
completed transfers.
(C) An identification of any issues that
may arise due to any future transfer of func-
tions.
(2) REPORT ON MANAGEMENT.—Not later than 4
years after the date on which the transfer of functions
specified under section 411 takes effect, the Comp-
troller General of the United States shall submit to
the Committees on Appropriations and on the Judici-
ary of the United States House of Representatives
and the Senate a report, following a study, con-
taining the following:
(A) Determinations of whether the transfer
of functions from the Immigration and Natu-
ralization Service to the Bureau of Citizenship
and Immigration Services and the Bureau of
Border Security have improved, with respect to
each function transferred, the following:
(i) Operations.
(ii) Management, including account-
ability and communication.
(iii) Financial administration.
127
(iv) Recordkeeping, including informa-
tion management and technology.
(B) A statement of the reasons for the deter-
minations under subparagraph (A).
(C) Any recommendations for further im-
provements to the Bureau of Citizenship and Im-
migration Services and the Bureau of Border Se-
curity.
(3) REPORT ON FEES.—Not later than 1 year
after the date of the enactment of this Act, the Comp-
troller General of the United States shall submit to
the Committees on the Judiciary of the House of Rep-
resentatives and of the Senate a report examining
whether the Bureau of Citizenship and Immigration
Services is likely to derive sufficient funds from fees
to carry out its functions in the absence of appro-
priated funds.
SEC. 446. IMMIGRATION FUNCTIONS.
(a) ANNUAL REPORT.—
(1) IN GENERAL.—One year after the date of the
enactment of this Act, and each year thereafter, the
Attorney General shall submit a report to the Presi-
dent, to the Committees on the Judiciary and Govern-
ment Reform of the United States House of Rep-
resentatives, and to the Committees on the Judiciary
128
and Government Affairs of the Senate, on the impact
the transfers made by this subtitle has had on immi-
gration functions.
(2) MATTER INCLUDED.—The report shall ad-
dress the following with respect to the period covered
by the report:
(A) The aggregate number of all immigra-
tion applications and petitions received, and
processed, by the Department;
(B) Region-by-region statistics on the aggre-
gate number of immigration applications and
petitions filed by an alien (or filed on behalf of
an alien) and denied, disaggregated by category
of denial and application or petition type.
(C) The quantity of backlogged immigration
applications and petitions that have been proc-
essed, the aggregate number awaiting processing,
and a detailed plan for eliminating the backlog.
(D) The average processing period for im-
migration 
applications 
and 
petitions,
disaggregated by application or petition type.
(E) The number and types of immigration-
related grievances filed with any official of the
Department of Justice, and if those grievances
were resolved.
129
(F) Plans to address grievances and im-
prove immigration services.
(G) Whether immigration-related fees were
used consistent with legal requirements regarding
such use.
(H) Whether immigration-related questions
conveyed by customers to the Department of Jus-
tice (whether conveyed in person, by telephone,
or by means of the Internet) were answered effec-
tively and efficiently.
(b) SENSE OF THE CONGRESS REGARDING IMMIGRA-
TION SERVICES.—It is the sense of the Congress that—
(1) the quality and efficiency of immigration
services rendered by the Federal Government should
be improved after the transfers made by this subtitle
take effect; and
(2) the Attorney General should undertake efforts
to guarantee that concerns regarding the quality and
efficiency of immigration services are addressed after
such effective date.
Subtitle C—United States Customs
Service
SEC. 451. ESTABLISHMENT; COMMISSIONER OF CUSTOMS.
(a) ESTABLISHMENT.—There is established in the De-
partment the United States Customs Service, under the au-
130
thority of the Under Secretary for Border and Transpor-
tation Security, which shall be vested with those functions
set forth in section 457(7), and the personnel, assets, and
liabilities attributable to those functions.
(b) COMMISSIONER OF CUSTOMS.—
(1) IN GENERAL.—There shall be at the head of
the Customs Service a Commissioner of Customs, who
shall be appointed by the President, by and with the
advice and consent of the Senate.
(2) COMPENSATION.—Section 5314 of title 5,
United States Code, is amended by striking
‘‘Commissioner of Customs, Department of the
Treasury’’
and inserting
‘‘Commissioner of Customs, Department of
Homeland Security.’’.
(3) CONTINUATION IN OFFICE.—The individual
serving as the Commissioner of Customs on the day
before the effective date of this Act may serve as the
Commissioner of Customs on and after such effective
date until a Commissioner of Customs is appointed
under paragraph (1).
SEC. 452. RETENTION OF CUSTOMS REVENUE FUNCTIONS
BY SECRETARY OF THE TREASURY.
(a) RETENTION BY SECRETARY OF THE TREASURY.—
131
(1) 
RETENTION
OF
AUTHORITY.—Notwith-
standing sections 401(5), 402(1), and 808(e)(2), au-
thority that was vested in the Secretary of the Treas-
ury by law before the effective date of this Act under
those provisions of law set forth in paragraph (2)
shall not be transferred to the Secretary by reason of
this Act, and on and after the effective date of this
Act, the Secretary of the Treasury may delegate any
such authority to the Secretary at the discretion of the
Secretary of the Treasury. The Secretary of the Treas-
ury shall consult with the Secretary regarding the ex-
ercise of any such authority not delegated to the Sec-
retary.
(2) STATUTES.—The provisions of law referred
to in paragraph (1) are the following: the Tariff Act
of 1930; section 249 of the Revised Statutes of the
United States (19 U.S.C. 3); section 2 of the Act of
March 4, 1923 (19 U.S.C. 6); section 13031 of the
Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c); section 251 of the Revised Stat-
utes of the United States (19 U.S.C. 66); section 1 of
the Act of June 26, 1930 (19 U.S.C. 68); the Foreign
Trade Zones Act (19 U.S.C. 81a et seq.); section 1 of
the Act of March 2, 1911 (19 U.S.C. 198); the Trade
Act of 1974; the Trade Agreements Act of 1979; the
132
North American Free Trade Area Implementation
Act; the Uruguay Round Agreements Act; the Carib-
bean Basin Economic Recovery Act; the Andean
Trade Preference Act; the African Growth and Oppor-
tunity Act; and any other provision of law vesting
customs revenue functions in the Secretary of the
Treasury.
(b) MAINTENANCE
OF CUSTOMS REVENUE FUNC-
TIONS.—
(1) MAINTENANCE
OF
FUNCTIONS.—Notwith-
standing any other provision of this Act, the Sec-
retary may not consolidate, alter, discontinue, or di-
minish those functions described in paragraph (2)
performed by the United States Customs Service (as
established under section 451) on or after the effective
date of this Act, reduce the staffing level, or the com-
pensation or benefits under title 5, United States
Code, of personnel attributable to such functions, or
reduce the resources attributable to such functions,
and the Secretary shall ensure that an appropriate
management structure is implemented to carry out
such functions.
(2) FUNCTIONS.—The functions referred to in
paragraph (1) are those functions performed by the
following personnel, and associated support staff, of
133
the United States Customs Service on the day before
the effective date of this Act: Import Specialists,
Entry Specialists, Drawback Specialists, National
Import Specialist, Fines and Penalties Specialists,
attorneys of the Office of Regulations and Rulings,
Customs Auditors, International Trade Specialists,
Financial Systems Specialists.
(c) NEW PERSONNEL.—The Secretary of the Treasury
is authorized to appoint up to 20 new personnel to work
with personnel of the Department in performing customs
revenue functions.
SEC. 453. ESTABLISHMENT AND IMPLEMENTATION OF COST
ACCOUNTING SYSTEM; REPORTS.
(a) ESTABLISHMENT AND IMPLEMENTATION.—
(1) IN GENERAL.—Not later than September 30,
2003, the Commissioner of Customs shall, in accord-
ance with the audit of the Customs Service’s fiscal
years 2000 and 1999 financial statements (as con-
tained in the report of the Office of the Inspector Gen-
eral of the Department of the Treasury issued on Feb-
ruary 23, 2001), establish and implement a cost ac-
counting system for expenses incurred in the oper-
ation of the Customs Service.
(2) ADDITIONAL
REQUIREMENT.—The cost ac-
counting system described in paragraph (1) shall pro-
134
vide for an identification of expenses based on the
type of operation, the port at which the operation
took place, the amount of time spent on the operation
by personnel of the Customs Service, and an identi-
fication of expenses based on any other appropriate
classification necessary to provide for an accurate
and complete accounting of the expenses.
(3) USE OF MERCHANDISE PROCESSING FEES.—
The cost accounting system described in paragraph
(1) shall provide for an identification of all amounts
expended pursuant to section 13031(f)(2) of the Con-
solidated Omnibus Budget Reconciliation Act of 1985.
(b) REPORTS.—Beginning on the date of the enactment
of this Act and ending on the date on which the cost ac-
counting system described in subsection (a) is fully imple-
mented, the Commissioner of Customs shall prepare and
submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the
Senate on a quarterly basis a report on the progress of im-
plementing the cost accounting system pursuant to sub-
section (a).
SEC. 454. PRESERVATION OF CUSTOMS FUNDS.
Notwithstanding any other provision of this Act, no
funds available to the United States Customs Service or col-
lected under paragraphs (1) through (8) of section 13031(a)
135
of the Consolidated Omnibus Budget Reconciliation Act of
1985 may be transferred for use by any other agency or
office in the Department.
SEC. 455. SEPARATE BUDGET REQUEST FOR CUSTOMS.
The President shall include in each budget transmitted
to the Congress under section 1105 of title 31, United States
Code, a separate budget request for the United States Cus-
toms Service.
SEC. 456. PAYMENT OF DUTIES AND FEES.
Section 505(a) of the Tariff Act of 1930 (19 U.S.C.
1505(a)) is amended—
(1) in the first sentence—
(A) by striking ‘‘Unless merchandise’’ and
inserting ‘‘Unless the entry of merchandise is
covered by an import activity summary state-
ment, or the merchandise’’; and
(B) by inserting after ‘‘by regulation’’ the
following: ‘‘(but not to exceed 10 working days
after entry or release, whichever occurs first)’’;
and
(2) by striking the second and third sentences
and inserting the following: ‘‘If an import activity
summary statement is filed, the importer of record
shall deposit estimated duties and fees for entries of
merchandise covered by the import activity summary
136
statement no later than the 15th day of the month fol-
lowing the month in which the merchandise is entered
or released, whichever occurs first.’’.
SEC. 457. DEFINITION.
In this subtitle, the term ‘‘customs revenue function’’
means the following:
(1) Assessing and collecting customs duties (in-
cluding antidumping and countervailing duties and
duties imposed under safeguard provisions), excise
taxes, fees, and penalties due on imported merchan-
dise, including classifying and valuing merchandise
for purposes of such assessment.
(2) Processing and denial of entry of persons,
baggage, cargo, and mail, with respect to the assess-
ment and collection of import duties.
(3) Detecting and apprehending persons engaged
in fraudulent practices designed to circumvent the
customs laws of the United States.
(4) Enforcing section 337 of the Tariff Act of
1930 and provisions relating to import quotas and
the marking of imported merchandise, and providing
Customs Recordations for copyrights, patents, and
trademarks.
(5) Collecting accurate import data for compila-
tion of international trade statistics.
137
(6) Enforcing reciprocal trade agreements.
(7) Functions performed by the following per-
sonnel, and associated support staff, of the United
States Customs Service on the day before the effective
date of this Act: Import Specialists, Entry Special-
ists, Drawback Specialists, National Import Spe-
cialist, Fines and Penalties Specialists, attorneys of
the Office of Regulations and Rulings, Customs Audi-
tors, International Trade Specialists, Financial Sys-
tems Specialists.
(8) Functions performed by the following offices,
with respect to any function described in any of para-
graphs (1) through (7), and associated support staff,
of the United States Customs Service on the day be-
fore the effective date of this Act: the Office of Infor-
mation and Technology, the Office of Laboratory
Services, the Office of the Chief Counsel, the Office of
Congressional Affairs, the Office of International Af-
fairs, and the Office of Training and Development.
SEC. 458. GAO REPORT TO CONGRESS.
Not later than 3 months after the effective date of this
Act, the Comptroller General of the United States shall sub-
mit to the Congress a report that sets forth all trade func-
tions performed by the executive branch, specifying each
agency that performs each such function.
138
SEC. 459. ALLOCATION OF RESOURCES BY THE SECRETARY.
(a) IN GENERAL.—The Secretary shall ensure that
adequate staffing is provided to assure that levels of customs
revenue services provided on the day before the effective date
of this Act shall continue to be provided.
(b) NOTIFICATION OF CONGRESS.—The Secretary shall
notify the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Sen-
ate at least 180 days prior to taking any action which
would—
(1) result in any significant reduction in cus-
toms revenue services, including hours of operation,
provided at any office within the Department or any
port of entry;
(2) eliminate or relocate any office of the De-
partment which provides customs revenue services; or
(3) eliminate any port of entry.
(c) DEFINITION.—In this section, the term ‘‘customs
revenue services’’ means those customs revenue functions de-
scribed in paragraphs (1) through (6) and (8) of section
457.
SEC. 460. REPORTS TO CONGRESS.
The United States Customs Service shall, on and after
the effective date of this Act, continue to submit to the Com-
mittee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate any report
139
required, on the day before such the effective date of this
Act, to be so submitted under any provision of law.
SEC. 461. CUSTOMS USER FEES.
Section 13031(f) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)) is amended—
(1) in paragraph (1), by striking subparagraph
(B) and inserting the following:
‘‘(B) amounts deposited into the Customs
Commercial and Homeland Security Automation
Account under paragraph (5).’’;
(2) in paragraph (4), by striking ‘‘(other than
the excess fees determined by the Secretary under
paragraph (5))’’; and
(3) by striking paragraph (5) and inserting the
following:
‘‘(5)(A) There is created within the general fund of the
Treasury a separate account that shall be known as the
‘Customs Commercial and Homeland Security Automation
Account’. In each of fiscal years 2003, 2004, and 2005 there
shall be deposited into the Account from fees collected under
subsection (a)(9)(A), $350,000,000.
‘‘(B) There is authorized to be appropriated from the
Account in fiscal years 2003 through 2005 such amounts
as are available in that Account for the development, estab-
lishment, and implementation of the Automated Commer-
140
cial Environment computer system for the processing of
merchandise that is entered or released and for other pur-
poses related to the functions of the Department of Home-
land Security. Amounts appropriated pursuant to this sub-
paragraph are authorized to remain available until ex-
pended.
‘‘(C) In adjusting the fee imposed by subsection
(a)(9)(A) for fiscal year 2006, the Secretary of the Treasury
shall reduce the amount estimated to be collected in fiscal
year 2006 by the amount by which total fees deposited to
the Account during fiscal years 2003, 2004, and 2005 exceed
total appropriations from that Account.’’.
TITLE V—EMERGENCY
PREPAREDNESS AND RESPONSE
SEC. 501. UNDER SECRETARY FOR EMERGENCY PREPARED-
NESS AND RESPONSE.
The Secretary, acting through the Under Secretary for
Emergency Preparedness and Response, shall be responsible
for the following:
(1) Helping to ensure the preparedness of emer-
gency response providers for terrorist attacks, major
disasters, and other emergencies.
(2) With respect to the Nuclear Incident Re-
sponse Team (regardless of whether it is operating as
141
an organizational unit of the Department pursuant to
this title)—
(A) establishing standards and certifying
when those standards have been met;
(B) conducting joint and other exercises and
training and evaluating performance; and
(C) providing funds to the Department of
Energy and the Environmental Protection Agen-
cy, as appropriate, for homeland security plan-
ning, exercises and training, and equipment.
(3) Providing the Federal Government’s response
to terrorist attacks and major disasters, including—
(A) managing such response;
(B) directing the Domestic Emergency Sup-
port Team, the Strategic National Stockpile, the
National Disaster Medical System, and (when
operating as an organizational unit of the De-
partment pursuant to this title) the Nuclear In-
cident Response Team;
(C) overseeing the Metropolitan Medical Re-
sponse System; and
(D) coordinating other Federal response re-
sources in the event of a terrorist attack or major
disaster.
142
(4) Aiding the recovery from terrorist attacks
and major disasters, interventions to treat the psycho-
logical consequences of terrorist attacks or major dis-
asters and provision for training for mental health
workers to allow them to respond effectively to such
attacks or disasters.
(5) Building a comprehensive national incident
management system with Federal, State, and local
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.
(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 transferred
to the Secretary the functions, personnel, assets, and obliga-
tions of the following:
(1) Except as provided in section 402, the Fed-
eral Emergency Management Agency, including the
functions of the Director of the Federal Emergency
Management Agency relating thereto, and the Inte-
143
grated Hazard Information System of the Depart-
ment of Defense.
(2) The Office of Emergency Preparedness, the
National Disaster Medical System, and the Metropoli-
tan Medical Response System of the Department of
Health and Human Services, including the functions
of the Secretary of Health and Human Services and
the Assistant Secretary for Public Health Emergency
Preparedness relating thereto.
(3) The Strategic National Stockpile of the De-
partment of Health and Human Services, including
the functions of the Secretary of Health and Human
Services relating thereto.
SEC. 503. NUCLEAR INCIDENT RESPONSE.
(a) NUCLEAR INCIDENT RESPONSE TEAM.—At the di-
rection of the Secretary (in connection with an actual or
threatened terrorist attack, major disaster, or other emer-
gency within the United States), the Nuclear Incident Re-
sponse Team shall operate as an organizational unit of the
Department. While so operating, the Nuclear Incident Re-
sponse Team shall be subject to the direction, authority, and
control of the Secretary.
(b) CONSTRUCTION.—Nothing in this title shall be un-
derstood to limit the ordinary responsibility of the Sec-
retary of Energy and the Administrator of the Environ-
144
mental Protection Agency for organizing, training, equip-
ping, and utilizing their respective entities in the Nuclear
Incident Response Team, or (subject to the provisions of this
title) from exercising direction, authority, and control over
them when they are not operating as a unit of the Depart-
ment.
(c) INDEMNIFICATION
OF
CONTRACTORS
DURING
TRANSITION PERIOD.—(1) To the extent the Department of
Energy has a duty under a covered contract to indemnify
an element of the Nuclear Incident Response Team, the De-
partment and the Department of Energy shall each have
that duty, whether or not the Nuclear Incident Response
Team is operating as an organizational element of the De-
partment.
(2) Paragraph (1) applies only to a contract in effect
on the date of the enactment of this Act, and not to any
extension or renewal of such contract carried out after the
date of the enactment of this Act.
SEC. 504. DEFINITION.
For purposes of this title, the term ‘‘Nuclear Incident
Response Team’’ means a resource that includes—
(1) those entities of the Department of Energy
that perform nuclear or radiological emergency sup-
port functions (including accident response, search re-
sponse, advisory, and technical operations functions),
145
radiation exposure functions at the medical assistance
facility known as the Radiation Emergency Assist-
ance/Training Site (REAC/TS), radiological assist-
ance functions, and related functions; and
(2) those entities of the Environmental Protec-
tion Agency that perform radiological emergency re-
sponse and support functions.
SEC. 505. CONDUCT OF CERTAIN PUBLIC-HEALTH RELATED
ACTIVITIES.
(a) IN GENERAL.—With respect to all public health-
related activities to improve State, local, and hospital pre-
paredness and response to chemical, biological, radiological,
and nuclear and other emerging terrorist threats carried out
by the Department of Health and Human Services (includ-
ing the Public Health Service), the Secretary of Health and
Human Services shall set priorities and preparedness goals
and further develop a coordinated strategy for such activi-
ties in collaboration with the Secretary of Homeland Secu-
rity.
(b) EVALUATION OF PROGRESS.—In carrying out sub-
section (a), the Secretary of Health and Human Services
shall collaborate with the Secretary of Homeland Security
in developing specific benchmarks and outcome measure-
ments for evaluating progress toward achieving the prior-
ities and goals described in such subsection.
146
TITLE VI—MANAGEMENT
SEC. 601. UNDER SECRETARY FOR MANAGEMENT.
(a) IN GENERAL.—The Secretary, acting through the
Under Secretary for Management, shall be responsible for
the management and administration of the Department, in-
cluding the following:
(1) The budget, appropriations, expenditures of
funds, accounting, and finance.
(2) Procurement.
(3) Human resources and personnel.
(4) Information technology and communications
systems.
(5) Facilities, property, equipment, and other
material resources.
(6) Security for personnel, information tech-
nology and communications systems, facilities, prop-
erty, equipment, and other material resources.
(7) Identification and tracking of performance
measures relating to the responsibilities of the Depart-
ment.
(8) Grants and other assistance management
programs.
(9) The transition and reorganization process, to
ensure an efficient and orderly transfer of functions
147
and personnel to the Department, including the devel-
opment of a transition plan.
(10) The conduct of internal audits and manage-
ment analyses of the programs and activities of the
Department.
(11) Any other management duties that the Sec-
retary may designate.
(b) IMMIGRATION ENFORCEMENT.—
(1) IN GENERAL.—In addition to the responsibil-
ities described in subsection (a), the Under Secretary
for Management shall be responsible for the following:
(A) Maintenance of all immigration statis-
tical information of the Bureau of Border Secu-
rity. Such statistical information shall include
information and statistics of the type contained
in the publication entitled ‘‘Statistical Yearbook
of the Immigration and Naturalization Service’’
prepared by the Immigration and Naturaliza-
tion Service (as in effect immediately before the
date on which the transfer of functions specified
under section 411 takes effect), including region-
by-region statistics on the aggregate number of
applications and petitions filed by an alien (or
filed on behalf of an alien) and denied by such
bureau, and the reasons for such denials,
148
disaggregated by category of denial and applica-
tion or petition type.
(B) Establishment of standards of reli-
ability and validity for immigration statistics
collected by the Bureau of Border Security.
(2) TRANSFER
OF
FUNCTIONS.—In accordance
with title VIII, there shall be transferred to the Under
Secretary for Management all functions performed
immediately before such transfer occurs by the Statis-
tics Branch of the Office of Policy and Planning of
the Immigration and Naturalization Service with re-
spect to the following programs:
(A) The Border Patrol program.
(B) The detention and removal program.
(C) The intelligence program.
(D) The investigations program.
(E) The inspections program.
SEC. 602. CHIEF FINANCIAL OFFICER.
Notwithstanding section 902(a)(1) of title 31, United
States Code, the Chief Financial Officer shall report to the
Secretary, or to another official of the Department, as the
Secretary may direct.
SEC. 603. CHIEF INFORMATION OFFICER.
Notwithstanding section 3506(a)(2) of title 44, United
States Code, the Chief Information Officer shall report to
149
the Secretary, or to another official of the Department, as
the Secretary may direct.
SEC. 604. ESTABLISHMENT OF OFFICE FOR CIVIL RIGHTS
AND CIVIL LIBERTIES.
The Secretary shall establish in the Department an Of-
fice for Civil Rights and Civil Liberties, the head of which
shall be the Director for Civil Rights and Civil Liberties.
The Director shall—
(1) review and assess information alleging
abuses of civil rights, civil liberties, and racial and
ethnic profiling by employees and officials of the De-
partment;
(2) make public through the Internet, radio, tele-
vision, or newspaper advertisements information on
the responsibilities and functions of, and how to con-
tact, the Office; and
(3) submit to the President of the Senate, the
Speaker of the House of Representatives, and the ap-
propriate committees and subcommittees of the Con-
gress on a semiannual basis a report on the imple-
mentation of this section, including the use of funds
appropriated to carry out this section, and detailing
any allegations of abuses described in paragraph (1)
and any actions taken by the Department in response
to such allegations.
150
TITLE VII—MISCELLANEOUS
Subtitle A—Inspector General
SEC. 701. AUTHORITY OF THE SECRETARY.
(a) IN GENERAL.—Notwithstanding the last two sen-
tences of section 3(a) of the Inspector General Act of 1978,
the Inspector General shall be under the authority, direc-
tion, and control of the Secretary with respect to audits or
investigations, or the issuance of subpoenas, that require ac-
cess to sensitive information concerning—
(1) 
intelligence, 
counterintelligence, 
or
counterterrorism matters;
(2) ongoing criminal investigations or pro-
ceedings;
(3) undercover operations;
(4) the identity of confidential sources, including
protected witnesses;
(5) other matters the disclosure of which would,
in the Secretary’s judgment, constitute a serious
threat to the protection of any person or property au-
thorized 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 Assist-
ance Act of 1976; or
151
(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 car-
rying out or completing any audit or investigation, or from
issuing any subpoena, after such Inspector General has de-
cided to initiate, carry out, or complete such audit or inves-
tigation or to issue such subpoena, if the Secretary deter-
mines that such prohibition is necessary to prevent the dis-
closure of any information described in subsection (a), to
preserve the national security, or to prevent a significant
impairment to the interests of the United States.
(c) NOTIFICATION REQUIRED.—If the Secretary exer-
cises any power under subsection (a) or (b), the Secretary
shall notify the Inspector General of the Department in
writing stating the reasons for such exercise. Within 30
days after receipt of any such notice, the Inspector General
shall transmit a copy of such notice and a written response
thereto that includes (1) a statement as to whether the In-
spector General agrees or disagrees with such exercise and
(2) the reasons for any disagreement, to the President of
the Senate and the Speaker of the House of Representatives
152
and to appropriate committees and subcommittees of the
Congress.
(d) ACCESS TO INFORMATION BY CONGRESS.—The ex-
ercise of authority by the Secretary described in subsection
(b) should not be construed as limiting the right of Congress
or any committee of Congress to access any information it
seeks.
(e) OVERSIGHT RESPONSIBILITY—The Inspector Gen-
eral Act of 1978 (5 U.S.C. App.) is amended by inserting
after section 8I the following:
‘‘SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF
HOMELAND SECURITY
‘‘SEC. 8J. Notwithstanding any other provision of law,
in carrying out the duties and responsibilities specified in
this Act, the Inspector General of the Department of Home-
land Security shall have oversight responsibility for the in-
ternal investigations performed by the Office of Internal Af-
fairs of the United States Customs Service and the Office
of Inspections of the United States Secret Service. The head
of each such office shall promptly report to the Inspector
General the significant activities being carried out by such
office.’’.
153
Subtitle B—United States Secret
Service
SEC. 711. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred
to the Secretary the functions, personnel, assets, and obliga-
tions of the United States Secret Service, which shall be
maintained as a distinct entity within the Department, in-
cluding the functions of the Secretary of the Treasury relat-
ing thereto.
Subtitle C—Critical Infrastructure
Information
SEC. 721. SHORT TITLE.
This subtitle may be cited as the ‘‘Critical Infrastruc-
ture Information Act of 2002’’.
SEC. 722. DEFINITIONS.
In this subtitle:
(1) AGENCY.—The term ‘‘agency’’ has the mean-
ing given it in section 551 of title 5, United States
Code.
(2) COVERED
FEDERAL
AGENCY.—The term
‘‘covered Federal agency’’ means the Department of
Homeland Security.
(3) CRITICAL INFRASTRUCTURE INFORMATION.—
The term ‘‘critical infrastructure information’’ means
information not customarily in the public domain
154
and related to the security of critical infrastructure or
protected systems—
(A) actual, potential, or threatened inter-
ference with, attack on, compromise of, or inca-
pacitation of critical infrastructure or protected
systems by either physical or computer-based at-
tack or other similar conduct (including the mis-
use of or unauthorized access to all types of com-
munications and data transmission systems)
that violates Federal, State, or local law, harms
interstate commerce of the United States, or
threatens public health or safety;
(B) the ability of any critical infrastructure
or protected system to resist such interference,
compromise, or incapacitation, including any
planned or past assessment, projection, or esti-
mate of the vulnerability of critical infrastruc-
ture or a protected system, including security
testing, risk evaluation thereto, risk management
planning, or risk audit; or
(C) any planned or past operational prob-
lem or solution regarding critical infrastructure
or protected systems, including repair, recovery,
reconstruction, insurance, or continuity, to the
155
extent it is related to such interference, com-
promise, or incapacitation.
(4) CRITICAL
INFRASTRUCTURE
PROTECTION
PROGRAM.—The term ‘‘critical infrastructure protec-
tion program’’ means any component or bureau of a
covered Federal agency that has been designated by
the President or any agency head to receive critical
infrastructure information.
(5) INFORMATION SHARING AND ANALYSIS ORGA-
NIZATION.—The term ‘‘Information Sharing and
Analysis Organization’’ means any formal or infor-
mal entity or collaboration created or employed by
public or private sector organizations, for purposes
of—
(A) gathering and analyzing critical infra-
structure information in order to better under-
stand security problems and interdependencies
related to critical infrastructure and protected
systems, so as to ensure the availability, integ-
rity, and reliability thereof;
(B) communicating or disclosing critical
infrastructure information to help prevent, de-
tect, mitigate, or recover from the effects of a in-
terference, compromise, or a incapacitation prob-
156
lem related to critical infrastructure or protected
systems; and
(C) voluntarily disseminating critical infra-
structure information to its members, State,
local, and Federal Governments, or any other en-
tities that may be of assistance in carrying out
the purposes specified in subparagraphs (A) and
(B).
(6) PROTECTED SYSTEM.—The term ‘‘protected
system’’—
(A) means any service, physical or com-
puter-based system, process, or procedure that di-
rectly or indirectly affects the viability of a facil-
ity of critical infrastructure; and
(B) includes any physical or computer-
based system, including a computer, computer
system, computer or communications network, or
any component hardware or element thereof, soft-
ware program, processing instructions, or infor-
mation or data in transmission or storage there-
in, irrespective of the medium of transmission or
storage.
(7) VOLUNTARY.—
(A) IN GENERAL.—The term ‘‘voluntary’’,
in the case of any submittal of critical infra-
157
structure information to a covered Federal agen-
cy, means the submittal thereof in the absence of
such agency’s exercise of legal authority to com-
pel access to or submission of such information
and may be accomplished by a single entity or
an Information Sharing and Analysis Organiza-
tion on behalf of itself or its members.
(B) EXCLUSIONS.—The term ‘‘voluntary’’—
(i) in the case of any action brought
under the securities laws as is defined in
section 3(a)(47) of the Securities Exchange
Act of 1934 (15 U.S.C. 78c(a)(47))—
(I) does not include information
or statements contained in any docu-
ments or materials filed with the Secu-
rities and Exchange Commission, or
with Federal banking regulators, pur-
suant to section 12(i) of the Securities
Exchange Act of 1934 (15 U.S.C.
781(I)); and
(II) with respect to the submittal
of critical infrastructure information,
does not include any disclosure or
writing that when made accompanied
158
the solicitation of an offer or a sale of
securities; and
(ii) does not include information or
statements submitted or relied upon as a
basis for making licensing or permitting de-
terminations, or during regulatory pro-
ceedings.
SEC. 723. DESIGNATION OF CRITICAL INFRASTRUCTURE
PROTECTION PROGRAM.
A critical infrastructure protection program may be
designated as such by one of the following:
(1) The President.
(2) The Secretary of Homeland Security.
SEC. 724. PROTECTION OF VOLUNTARILY SHARED CRITICAL
INFRASTRUCTURE INFORMATION.
(a) PROTECTION.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law, critical infrastructure information
(including the identity of the submitting person or
entity) that is voluntarily submitted to a covered Fed-
eral agency for use by that agency regarding the secu-
rity of critical infrastructure and protected systems,
if analysis, warning, interdependency study, recovery,
reconstitution, or other informational purpose, when
159
accompanied by an express statement specified in
paragraph (2)—
(A) shall be exempt from disclosure under
section 552 of title 5, United States Code (com-
monly referred to as the Freedom of Information
Act);
(B) shall not be subject to any agency rules
or judicial doctrine regarding ex parte commu-
nications with a decision making official;
(C) shall not, without the written consent of
the person or entity submitting such informa-
tion, be used directly by such agency, any other
Federal, State, or local authority, or any third
party, in any civil action arising under Federal
or State law if such information is submitted in
good faith;
(D) shall not, without the written consent of
the person or entity submitting such informa-
tion, be used or disclosed by any officer or em-
ployee of the United States for purposes other
than the purposes of this subtitle, except—
(i) in furtherance of an investigation
or the prosecution of a criminal act; or
(ii) when disclosure of the information
would be—
160
(I) to either House of Congress, or
to the extent of matter within its juris-
diction, 
any 
committee 
or 
sub-
committee thereof, any joint committee
thereof or subcommittee of any such
joint committee; or
(II) to the Comptroller General, or
any authorized representative of the
Comptroller General, in the course of
the performance of the duties of the
General Accounting Office.
(E) shall not, if provided to a State or local
government or government agency—
(i) be made available pursuant to any
State or local law requiring disclosure of
information or records;
(ii) otherwise be disclosed or distrib-
uted to any party by said State or local
government or government agency without
the written consent of the person or entity
submitting such information; or
(iii) be used other than for the purpose
of protecting critical infrastructure or pro-
tected systems, or in furtherance of an in-
161
vestigation or the prosecution of a criminal
act; and
(F) does not constitute a waiver of any ap-
plicable privilege or protection provided under
law, such as trade secret protection.
(2) EXPRESS
STATEMENT.—For purposes of
paragraph (1), the term ‘‘express statement’’, with re-
spect to information or records, means—
(A) in the case of written information or
records, a written marking on the information or
records substantially similar to the following:
‘‘This information is voluntarily submitted to
the Federal Government in expectation of protec-
tion from disclosure as provided by the provi-
sions of the Critical Infrastructure Information
Act of 2002.’’; or
(B) in the case of oral information, a simi-
lar written statement submitted within a reason-
able period following the oral communication.
(b) LIMITATION.—No communication of critical infra-
structure information to a covered Federal agency made
pursuant to this subtitle shall be considered to be an action
subject to the requirements of the Federal Advisory Com-
mittee Act (5 U.S.C. App. 2).
162
(c) INDEPENDENTLY OBTAINED INFORMATION.—Noth-
ing in this section shall be construed to limit or otherwise
affect the ability of a State, local, or Federal Government
entity, agency, or authority, or any third party, under ap-
plicable law, to obtain critical infrastructure information
in a manner not covered by subsection (a), including any
information lawfully and properly disclosed generally or
broadly to the public and to use such information in any
manner permitted by law.
(d) TREATMENT OF VOLUNTARY SUBMITTAL OF IN-
FORMATION.—The voluntary submittal to the Government
of information or records that are protected from disclosure
by this subtitle shall not be construed to constitute compli-
ance with any requirement to submit such information to
a Federal agency under any other provision of law.
(e) PROCEDURES.—
(1) IN GENERAL.—The Secretary of the Depart-
ment of Homeland Security shall, in consultation
with appropriate representatives of the National Se-
curity Council and the Office of Science and Tech-
nology Policy, establish uniform procedures for the re-
ceipt, care, and storage by Federal agencies of critical
infrastructure information that is voluntarily sub-
mitted to the Government. The procedures shall be es-
163
tablished not later than 90 days after the date of the
enactment of this subtitle.
(2) 
ELEMENTS.—The 
procedures 
established
under paragraph (1) shall include mechanisms
regarding—
(A) the acknowledgement of receipt by Fed-
eral agencies of critical infrastructure informa-
tion that is voluntarily submitted to the Govern-
ment;
(B) the maintenance of the identification of
such information as voluntarily submitted to the
Government for purposes of and subject to the
provisions of this subtitle;
(C) the care and storage of such informa-
tion; and
(D) the protection and maintenance of the
confidentiality of such information so as to per-
mit the sharing of such information within the
Federal Government and with State and local
governments, and the issuance of notices and
warnings related to the protection of critical in-
frastructure and protected systems, in such man-
ner as to protect from public disclosure the iden-
tity of the submitting person or entity, or infor-
mation that is proprietary, business sensitive, re-
164
lates specifically to the submitting person or en-
tity, and is otherwise not appropriately in the
public domain.
(f) PENALTIES.—Whoever, being an officer or employee
of the United States or of any department or agency thereof,
knowingly publishes, divulges, discloses, or makes known in
any manner or to any extent not authorized by law, any
critical infrastructure information protected from disclo-
sure by this subtitle coming to him in the course of this
employment or official duties or by reason of any examina-
tion or investigation made by, or return, report, or record
made to or filed with, such department or agency or officer
or employee thereof, shall be fined under title 18 of the
United States Code, imprisoned not more that one year, or
both, and shall be removed from office or employment.
(g) AUTHORITY TO ISSUE WARNINGS.—The Federal
Government may provide advisories, alerts, and warnings
to relevant companies, targeted sectors, other governmental
entities, or the general public regarding potential threats
to critical infrastructure as appropriate. In issuing a
warning, the Federal Government shall take appropriate
actions to protect from disclosure—
(1) the source of any voluntarily submitted crit-
ical infrastructure information that forms the basis
for the warning; or
165
(2) information that is proprietary, business sen-
sitive, relates specifically to the submitting person or
entity, or is otherwise not appropriately in the public
domain.
(h) AUTHORITY TO DELEGATE.—The President may
delegate authority to a critical infrastructure protection
program, designated under subsection (e), to enter into a
voluntary agreement to promote critical infrastructure se-
curity, including with any Information Sharing and Anal-
ysis Organization, or a plan of action as otherwise defined
in section 708 of the Defense Production Act of 1950 (50
U.S.C. App. 2158).
SEC. 725. NO PRIVATE RIGHT OF ACTION.
Nothing in this subtitle may be construed to create a
private right of action for enforcement of any provision of
this Act.
Subtitle D—Acquisitions
SEC. 731. RESEARCH AND DEVELOPMENT PROJECTS.
(a) AUTHORITY.—During the five-year period fol-
lowing the effective date of this Act, the Secretary may
carry out a pilot program under which the Secretary may
exercise the following authorities:
(1)(A) In carrying out basic, applied, and ad-
vanced research and development projects for response
to existing or emerging terrorist threats, the Secretary
166
may exercise the same authority (subject to the same
limitations and conditions) with respect to such re-
search 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 sec-
tion), after making a determination that—
(i) the use of a contract, grant, or coopera-
tive agreement for such projects is not feasible or
appropriate; and
(ii) use of other authority to waive Federal
procurement laws or regulations would not be
feasible or appropriate to accomplish such
projects.
(B) The annual report required under subsection
(h) of such section 2371, as applied to the Secretary
by this paragraph, shall be submitted to the President
of the Senate and the Speaker of the House of Rep-
resentatives.
(2)(A) Under the authority of paragraph (1) and
subject to the limitations of such paragraph, the Sec-
retary may carry out prototype projects, in accord-
ance with the requirements and conditions provided
for carrying out prototype projects under section 845
of the National Defense Authorization Act for Fiscal
167
Year 1994 (Public Law 103–160; 10 U.S.C. 2371
note).
(B) In applying the authorities of such section
845—
(i) subsection (c) thereof shall apply with
respect to prototype projects under this para-
graph, except that in applying such subsection
any reference in such subsection to the Comp-
troller General shall be deemed to refer to the
Comptroller General and the Inspector General
of the Department; and
(ii) the Secretary shall perform the func-
tions of the Secretary of Defense under subsection
(d) thereof.
(b) REPORT.—Not later than one year after the effec-
tive date of this Act, and annually thereafter, the Comp-
troller General shall report to the Committee on Govern-
ment Reform of the House of Representatives and the Com-
mittee on Governmental Affairs of the Senate on—
(1) whether use of the authorities described in
subsection (a) attracts nontraditional Government
contractors and results in the acquisition of needed
technologies; and
168
(2) if such authorities were to be made perma-
nent, whether additional safeguards are needed with
respect to the use of such authorities.
(c) DEFINITION
OF NONTRADITIONAL GOVERNMENT
CONTRACTOR.—In this section, the term ‘‘nontraditional
Government contractor’’ has the same meaning as the term
‘‘nontraditional defense contractor’’ as defined in section
845(e) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103–160; 10 U.S.C. 2371 note).
SEC. 732. PERSONAL SERVICES.
The Secretary—
(1) may procure the temporary or intermittent
services of experts or consultants (or organizations
thereof) in accordance with section 3109 of title 5,
United States Code; and
(2) may, whenever necessary due to an urgent
homeland security need, procure temporary (not to
exceed 1 year) or intermittent personal services, in-
cluding the services of experts or consultants (or orga-
nizations thereof), without regard to the pay limita-
tions of such section 3109.
SEC. 733. SPECIAL STREAMLINED ACQUISITION AUTHOR-
ITY.
(a) AUTHORITY.—(1) The Secretary may use the au-
thorities set forth in this section with respect to any pro-
169
curement made during the period beginning on the effective
date of this Act and ending September 30, 2007, if the Sec-
retary determines in writing that the mission of the Depart-
ment (as described in section 101) would be seriously im-
paired without the use of such authorities.
(2) The authority to make the determination described
in paragraph (1) may not be delegated by the Secretary
to an officer of the Department who is not appointed by
the President with the advice and consent of the Senate.
(3) Not later than the date that is seven days after
the date of any determination under paragraph (1), the
Secretary shall submit to the Committee on Government Re-
form of the House of Representatives and the Committee
on Governmental Affairs of the Senate—
(A) notification of such determination; and
(B) the justification for such determination.
(b) INCREASED MICRO-PURCHASE THRESHOLD FOR
CERTAIN PROCUREMENTS.—(1) The Secretary may des-
ignate certain employees of the Department to make pro-
curements described in subsection (a) for which in the ad-
ministration of section 32 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 428) the amount specified in
subsections (c), (d), and (f) of such section 32 shall be
deemed to be $5,000.
170
(2) The number of employees designated under para-
graph (1) shall be—
(A) fewer than the number of employees of the
Department who are authorized to make purchases
without obtaining competitive quotations, pursuant to
section 32(c) of the Office of Federal Procurement Pol-
icy Act (41 U.S.C. 428(c));
(B) sufficient to ensure the geographic dispersal
of the availability of the use of the procurement au-
thority under such paragraph at locations reasonably
considered to be potential terrorist targets; and
(C) sufficiently limited to allow for the careful
monitoring of employees designated under such para-
graph.
(3) Procurements made under the authority of this
subsection shall be subject to review by a designated super-
visor on not less than a monthly basis. The supervisor re-
sponsible for the review shall be responsible for no more
than 7 employees making procurements under this sub-
section.
(c) SIMPLIFIED ACQUISITION PROCEDURES.—(1) With
respect to a procurement described in subsection (a), the
Secretary may deem the simplified acquisition threshold re-
ferred to in section 4(11) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403(11)) to be $175,000.
171
(2) Section 18(c)(1) of the Office of Federal Procure-
ment Policy Act is amended—
(A) by striking ‘‘or’’ at the end of suparagraph
(F);
(B) by striking the period at the end of subpara-
graph (G) and inserting ‘‘; or’’; and
(C) by adding at the end the following new sub-
paragraph:
‘‘(H) the procurement is by the Secretary of
Homeland Security pursuant to the special proce-
dures provided in section 733(c) of the Homeland Se-
curity Act of 2002.’’.
(d) APPLICATION OF CERTAIN COMMERCIAL ITEMS
AUTHORITIES.—(1) With respect to a procurement de-
scribed in subsection (a), the Secretary may deem any item
or service to be a commercial item for the purpose of Federal
procurement laws.
(2) The $5,000,000 limitation provided in section
31(a)(2) of the Office of Federal Procurement Policy Act
(41 U.S.C. 427(a)(2)) and section 303(g)(1)(B) of the Fed-
eral Property and Administrative Services Act of 1949 (41
U.S.C. 253(g)(1)(B)) shall be deemed to be $7,500,000 for
purposes of property or services under the authority of this
subsection.
172
(3) Authority under a provision of law referred to in
paragraph (2) that expires under section 4202(e) of the
Clinger-Cohen Act of 1996 (divisions D and E of Public
Law 104–106; 10 U.S.C. 2304 note) shall, notwithstanding
such section, continue to apply for a procurement described
in subsection (a).
(e) REPORT.—Not later than 180 days after the end
of fiscal year 2005, the Comptroller General shall submit
to the Committee on Governmental Affairs of the Senate
and the Committee on Government Reform of the House of
Representatives a report on the use of the authorities pro-
vided in this section. The report shall contain the following:
(1) An assessment of the extent to which property
and services acquired using authorities provided
under this section contributed to the capacity of the
Federal workforce to facilitate the mission of the De-
partment as described in section 101.
(2) An assessment of the extent to which prices
for property and services acquired using authorities
provided under this section reflected the best value.
(3) The number of employees designated by each
executive agency under subsection (b)(1).
(4) An assessment of the extent to which the De-
partment has implemented subsections (b)(2) and
173
(b)(3) to monitor the use of procurement authority by
employees designated under subsection (b)(1).
(5) Any recommendations of the Comptroller
General for improving the effectiveness of the imple-
mentation of the provisions of this section.
SEC. 734. PROCUREMENTS FROM SMALL BUSINESSES.
There is established in the Department an office to be
known as the ‘‘Office of Small and Disadvantaged Business
Utilization’’. The management of such office shall be vested
in the manner described in section 15(k) of the Small Busi-
ness Act (15 U.S.C. 644(k)) and shall carry out the func-
tions described in such section.
Subtitle E—Property
SEC. 741. DEPARTMENT HEADQUARTERS.
(a) IN GENERAL.—Subject to the requirements of the
Public Buildings Act of 1959 (40 U.S.C. 601 et seq.), the
Administrator of General Services shall construct a public
building to serve as the headquarters for the Department.
(b) LOCATION AND CONSTRUCTION STANDARDS.—The
headquarters facility shall be constructed to such standards
and specifications and at such a location as the Adminis-
trator of General Services decides. In selecting a site for
the headquarters facility, the Administrator shall give pref-
erence to parcels of land that are federally owned.
174
(c) USE OF HEADQUARTERS FACILITY.—The Adminis-
trator of General Services shall make the headquarter facil-
ity, as well as other Government-owned or leased facilities,
available to the Secretary pursuant to the Administrator’s
authorities under section 210 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 490 et seq.)
and there is authorized to be appropriated to the Secretary
such amounts as may be necessary to pay the annual
charges for General Services Administration furnished
space and services.
Subtitle F—Support Anti-terrorism
by 
Fostering 
Effective 
Tech-
nologies Act of 2002 (the SAFE-
TY Act)
SEC. 751. SHORT TITLE.
This subtitle may be cited as the ‘‘Support Anti-ter-
rorism by Fostering Effective Technologies Act of 2002’’ or
the ‘‘SAFETY Act’’.
SEC. 752. ADMINISTRATION.
(a) IN GENERAL.—The Secretary shall be responsible
for the administration of this subtitle.
(b) DESIGNATION
OF QUALIFIED ANTI-TERRORISM
TECHNOLOGIES.—The Secretary may designate anti-ter-
rorism technologies that qualify for protection under the
system of risk management set forth in this subtitle in ac-
175
cordance with criteria that shall include, but not be limited
to, the following:
(1) Prior and extensive United States govern-
ment use and demonstrated substantial utility and ef-
fectiveness.
(2) Availability of the technology for immediate
deployment in public and private settings.
(3) Existence of extraordinarily large or extraor-
dinarily unquantifiable potential third party liability
risk exposure to the Seller or other provider of such
anti-terrorism technology.
(4) Substantial likelihood that such anti-ter-
rorism technology will not be deployed unless protec-
tions under the system of risk management provided
under this subtitle are extended.
(5) Magnitude of risk exposure to the public if
such anti-terrorism technology is not deployed.
(6) evaluation of all scientific studies that can be
feasibly conducted in order to assess the capability of
the technology to substantially reduce risks of harm.
(c) REGULATIONS.—The Secretary may issue such reg-
ulations, after notice and comment in accordance with sec-
tion 553 of title 5, United States, Code, as may be necessary
to carry out this subtitle.
176
SEC. 753. LITIGATION MANAGEMENT.
(a) FEDERAL CAUSE OF ACTION.—(1) There shall exist
a Federal cause of action for claims arising out of, relating
to, or resulting from an act of terrorism when qualified
anti-terrorism technologies have been deployed in defense
against such act and such claims result or may result in
loss to the Seller. The substantive law for decision in any
such action shall be derived from the law, including choice
of law principles, of the State in which such acts of ter-
rorism occurred, unless such law is inconsistent with or pre-
empted by Federal law.
(2) Such appropriate district court of the United
States shall have original and exclusive jurisdiction over
all actions for any claim for loss of property, personal in-
jury, or death arising out of, relating to, or resulting from
an act of terrorism when qualified anti-terrorism tech-
nologies have been deployed in defense against such act and
such claims result or may result in loss to the Seller.
(b) SPECIAL RULES.—In an action brought under this
section for damages the following provisions apply:
(1) No punitive damages intended to punish or
deter, exemplary damages, or other damages not in-
tended to compensate a plaintiff for actual losses may
be awarded, nor shall any party be liable for interest
prior to the judgment.