H. R. 5005—124
or other grave hostile acts of a foreign power or an agent of a
foreign power, domestic or international sabotage, domestic or inter-
national terrorism, or clandestine intelligence gathering activities
by an intelligence service or network of a foreign power or by
an agent of a foreign power, within the United States or elsewhere,
obtained as part of a criminal investigation to be disclosed to
any appropriate Federal, State, local, or foreign government official
for the purpose of preventing or responding to such a threat. Any
official who receives information pursuant to this provision may
use that information only as necessary in the conduct of that
person’s official duties subject to any limitations on the unauthor-
ized disclosure of such information, and any State, local, or foreign
official who receives information pursuant to this provision may
use that information only consistent with such guidelines as the
Attorney General and Director of Central Intelligence shall jointly
issue.’’.
(b) CONFORMING AMENDMENTS.—Section 203(c) of that Act is
amended—
(1) by striking ‘‘section 2517(6)’’ and inserting ‘‘paragraphs
(6) and (8) of section 2517 of title 18, United States Code,’’;
and
(2) by inserting ‘‘and (VI)’’ after ‘‘Rule 6(e)(3)(C)(i)(V)’’.
SEC. 898. INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEIL-
LANCE.
Section 106(k)(1) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1806) is amended by inserting after ‘‘law enforce-
ment officers’’ the following: ‘‘or law enforcement personnel of a
State or political subdivision of a State (including the chief executive
officer of that State or political subdivision who has the authority
to appoint or direct the chief law enforcement officer of that State
or political subdivision)’’.
SEC. 899. INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.
Section 305(k)(1) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1825) is amended by inserting after ‘‘law enforce-
ment officers’’ the following: ‘‘or law enforcement personnel of a
State or political subdivision of a State (including the chief executive
officer of that State or political subdivision who has the authority
to appoint or direct the chief law enforcement officer of that State
or political subdivision)’’.
TITLE IX—NATIONAL HOMELAND
SECURITY COUNCIL
SEC. 901. NATIONAL HOMELAND SECURITY COUNCIL.
There is established within the Executive Office of the President
a council to be known as the ‘‘Homeland Security Council’’ (in
this title referred to as the ‘‘Council’’).
SEC. 902. FUNCTION.
The function of the Council shall be to advise the President
on homeland security matters.
SEC. 903. MEMBERSHIP.
The members of the Council shall be the following:
(1) The President.
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(2) The Vice President.
(3) The Secretary of Homeland Security.
(4) The Attorney General.
(5) The Secretary of Defense.
(6) Such other individuals as may be designated by the
President.
SEC. 904. OTHER FUNCTIONS AND ACTIVITIES.
For the purpose of more effectively coordinating the policies
and functions of the United States Government relating to home-
land security, the Council shall—
(1) assess the objectives, commitments, and risks of the
United States in the interest of homeland security and to
make resulting recommendations to the President;
(2) oversee and review homeland security policies of the
Federal Government and to make resulting recommendations
to the President; and
(3) perform such other functions as the President may
direct.
SEC. 905. STAFF COMPOSITION.
The Council shall have a staff, the head of which shall be
a civilian Executive Secretary, who shall be appointed by the Presi-
dent. The President is authorized to fix the pay of the Executive
Secretary at a rate not to exceed the rate of pay payable to the
Executive Secretary of the National Security Council.
SEC. 906. RELATION TO THE NATIONAL SECURITY COUNCIL.
The President may convene joint meetings of the Homeland
Security Council and the National Security Council with participa-
tion by members of either Council or as the President may otherwise
direct.
TITLE X—INFORMATION SECURITY
SEC. 1001. INFORMATION SECURITY.
(a) SHORT TITLE.—This title may be cited as the ‘‘Federal
Information Security Management Act of 2002’’.
(b) INFORMATION SECURITY.—
(1) IN GENERAL.—Subchapter II of chapter 35 of title 44,
United States Code, is amended to read as follows:
‘‘SUBCHAPTER II—INFORMATION SECURITY
‘‘§ 3531. Purposes
‘‘The purposes of this subchapter are to—
‘‘(1) provide a comprehensive framework for ensuring the
effectiveness of information security controls over information
resources that support Federal operations and assets;
‘‘(2) recognize the highly networked nature of the current
Federal 
computing 
environment 
and 
provide 
effective
governmentwide management and oversight of the related
information security risks, including coordination of information
security efforts throughout the civilian, national security, and
law enforcement communities;
H. R. 5005—126
‘‘(3) provide for development and maintenance of minimum
controls required to protect Federal information and informa-
tion systems;
‘‘(4) provide a mechanism for improved oversight of Federal
agency information security programs;
‘‘(5) acknowledge that commercially developed information
security products offer advanced, dynamic, robust, and effective
information security solutions, reflecting market solutions for
the protection of critical information infrastructures important
to the national defense and economic security of the nation
that are designed, built, and operated by the private sector;
and
‘‘(6) recognize that the selection of specific technical hard-
ware and software information security solutions should be
left to individual agencies from among commercially developed
products.’’.
‘‘§ 3532. Definitions
‘‘(a) IN GENERAL.—Except as provided under subsection (b),
the definitions under section 3502 shall apply to this subchapter.
‘‘(b) ADDITIONAL DEFINITIONS.—As used in this subchapter—
‘‘(1) the term ‘information security’ means protecting
information and information systems from unauthorized access,
use, disclosure, disruption, modification, or destruction in order
to provide—
‘‘(A) integrity, which means guarding against improper
information modification or destruction, and includes
ensuring information nonrepudiation and authenticity;
‘‘(B) confidentiality, which means preserving author-
ized restrictions on access and disclosure, including means
for protecting personal privacy and proprietary information;
‘‘(C) availability, which means ensuring timely and
reliable access to and use of information; and
‘‘(D) authentication, which means utilizing digital
credentials to assure the identity of users and validate
their access;
‘‘(2) the term ‘national security system’ means any informa-
tion system (including any telecommunications system) used
or operated by an agency or by a contractor of an agency,
or other organization on behalf of an agency, the function,
operation, or use of which—
‘‘(A) involves intelligence activities;
‘‘(B) involves cryptologic activities related to national
security;
‘‘(C) involves command and control of military forces;
‘‘(D) involves equipment that is an integral part of
a weapon or weapons system; or
‘‘(E) is critical to the direct fulfillment of military or
intelligence missions provided that this definition does not
apply to a system that is used for routine administrative
and business applications (including payroll, finance, logis-
tics, and personnel management applications);
‘‘(3) the term ‘information technology’ has the meaning
given that term in section 11101 of title 40; and
‘‘(4) the term ‘information system’ means any equipment
or interconnected system or subsystems of equipment that is
used in the automatic acquisition, storage, manipulation,
H. R. 5005—127
management, movement, control, display, switching, inter-
change, transmission, or reception of data or information, and
includes—
‘‘(A) computers and computer networks;
‘‘(B) ancillary equipment;
‘‘(C) software, firmware, and related procedures;
‘‘(D) services, including support services; and
‘‘(E) related resources.
‘‘§ 3533. Authority and functions of the Director
‘‘(a) The Director shall oversee agency information security
policies and practices, by—
‘‘(1) promulgating information security standards under
section 11331 of title 40;
‘‘(2) overseeing the implementation of policies, principles,
standards, and guidelines on information security;
‘‘(3) requiring agencies, consistent with the standards
promulgated under such section 11331 and the requirements
of this subchapter, to identify and provide information security
protections commensurate with the risk and magnitude of the
harm resulting from the unauthorized access, use, disclosure,
disruption, modification, or destruction of—
‘‘(A) information collected or maintained by or on behalf
of an agency; or
‘‘(B) information systems used or operated by an agency
or by a contractor of an agency or other organization on
behalf of an agency;
‘‘(4) coordinating the development of standards and guide-
lines under section 20 of the National Institute of Standards
and Technology Act (15 U.S.C. 278g–3) with agencies and offices
operating or exercising control of national security systems
(including the National Security Agency) to assure, to the max-
imum extent feasible, that such standards and guidelines are
complementary with standards and guidelines developed for
national security systems;
‘‘(5) overseeing agency compliance with the requirements
of this subchapter, including through any authorized action
under section 11303(b)(5) of title 40, to enforce accountability
for compliance with such requirements;
‘‘(6) reviewing at least annually, and approving or dis-
approving, agency information security programs required
under section 3534(b);
‘‘(7) coordinating information security policies and proce-
dures with related information resources management policies
and procedures; and
‘‘(8) reporting to Congress no later than March 1 of each
year on agency compliance with the requirements of this sub-
chapter, including—
‘‘(A) a summary of the findings of evaluations required
by section 3535;
‘‘(B) significant deficiencies in agency information secu-
rity practices;
‘‘(C) planned remedial action to address such defi-
ciencies; and
‘‘(D) a summary of, and the views of the Director
on, the report prepared by the National Institute of Stand-
ards and Technology under section 20(d)(9) of the National
H. R. 5005—128
Institute of Standards and Technology Act (15 U.S.C. 278g–
3).
‘‘(b) Except for the authorities described in paragraphs (4) and
(7) of subsection (a), the authorities of the Director under this
section shall not apply to national security systems.
‘‘§ 3534. Federal agency responsibilities
‘‘(a) The head of each agency shall—
‘‘(1) be responsible for—
‘‘(A) 
providing 
information 
security 
protections
commensurate with the risk and magnitude of the harm
resulting from unauthorized access, use, disclosure, disrup-
tion, modification, or destruction of—
‘‘(i) information collected or maintained by or on
behalf of the agency; and
‘‘(ii) information systems used or operated by an
agency or by a contractor of an agency or other
organization on behalf of an agency;
‘‘(B) complying with the requirements of this sub-
chapter and related policies, procedures, standards, and
guidelines, including—
‘‘(i) information security standards promulgated by
the Director under section 11331 of title 40; and
‘‘(ii) information security standards and guidelines
for national security systems issued in accordance with
law and as directed by the President; and
‘‘(C) ensuring that information security management
processes are integrated with agency strategic and oper-
ational planning processes;
‘‘(2) ensure that senior agency officials provide information
security for the information and information systems that sup-
port the operations and assets under their control, including
through—
‘‘(A) assessing the risk and magnitude of the harm
that could result from the unauthorized access, use, disclo-
sure, disruption, modification, or destruction of such
information or information systems;
‘‘(B) determining the levels of information security
appropriate to protect such information and information
systems in accordance with standards promulgated under
section 11331 of title 40 for information security classifica-
tions and related requirements;
‘‘(C) implementing policies and procedures to cost-effec-
tively reduce risks to an acceptable level; and
‘‘(D) periodically testing and evaluating information
security controls and techniques to ensure that they are
effectively implemented;
‘‘(3) delegate to the agency Chief Information Officer estab-
lished under section 3506 (or comparable official in an agency
not covered by such section) the authority to ensure compliance
with the requirements imposed on the agency under this sub-
chapter, including—
‘‘(A) designating a senior agency information security
officer who shall—
‘‘(i) carry out the Chief Information Officer’s
responsibilities under this section;
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issued in accordance with law and as directed by the
President;
‘‘(3) subordinate plans for providing adequate information
security for networks, facilities, and systems or groups of
information systems, as appropriate;
‘‘(4) security awareness training to inform personnel,
including contractors and other users of information systems
that support the operations and assets of the agency, of—
‘‘(A) information security risks associated with their
activities; and
‘‘(B) their responsibilities in complying with agency
policies and procedures designed to reduce these risks;
‘‘(5) periodic testing and evaluation of the effectiveness
of information security policies, procedures, and practices, to
be performed with a frequency depending on risk, but no less
than annually, of which such testing—
‘‘(A) shall include testing of management, operational,
and technical controls of every information system identi-
fied in the inventory required under section 3505(c); and
‘‘(B) may include testing relied on in a evaluation under
section 3535;
‘‘(6) a process for planning, implementing, evaluating, and
documenting remedial action to address any deficiencies in
the information security policies, procedures, and practices of
the agency;
‘‘(7) procedures for detecting, reporting, and responding
to security incidents, including—
‘‘(A) mitigating risks associated with such incidents
before substantial damage is done; and
‘‘(B) notifying and consulting with, as appropriate—
‘‘(i) law enforcement agencies and relevant Offices
of Inspector General;
‘‘(ii) an office designated by the President for any
incident involving a national security system; and
‘‘(iii) any other agency or office, in accordance with
law or as directed by the President; and
‘‘(8) plans and procedures to ensure continuity of operations
for information systems that support the operations and assets
of the agency.
‘‘(c) Each agency shall—
‘‘(1) report annually to the Director, the Committees on
Government Reform and Science of the House of Representa-
tives, the Committees on Governmental Affairs and Commerce,
Science, and Transportation of the Senate, the appropriate
authorization and appropriations committees of Congress, and
the Comptroller General on the adequacy and effectiveness
of information security policies, procedures, and practices, and
compliance with the requirements of this subchapter, including
compliance with each requirement of subsection (b);
‘‘(2) address the adequacy and effectiveness of information
security policies, procedures, and practices in plans and reports
relating to—
‘‘(A) annual agency budgets;
‘‘(B) information resources management under sub-
chapter 1 of this chapter;
‘‘(C) information technology management under sub-
title III of title 40;
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‘‘(D) program performance under sections 1105 and
1115 through 1119 of title 31, and sections 2801 and 2805
of title 39;
‘‘(E) financial management under chapter 9 of title
31, and the Chief Financial Officers Act of 1990 (31 U.S.C.
501 note; Public Law 101–576) (and the amendments made
by that Act);
‘‘(F) financial management systems under the Federal
Financial Management Improvement Act (31 U.S.C. 3512
note); and
‘‘(G) internal accounting and administrative controls
under section 3512 of title 31, United States Code, (known
as the ‘Federal Managers Financial Integrity Act’); and
‘‘(3) report any significant deficiency in a policy, procedure,
or practice identified under paragraph (1) or (2)—
‘‘(A) as a material weakness in reporting under section
3512 of title 31; and
‘‘(B) if relating to financial management systems, as
an instance of a lack of substantial compliance under the
Federal Financial Management Improvement Act (31
U.S.C. 3512 note).
‘‘(d)(1) In addition to the requirements of subsection (c), each
agency, in consultation with the Director, shall include as part
of the performance plan required under section 1115 of title 31
a description of—
‘‘(A) the time periods; and
‘‘(B) the resources, including budget, staffing, and training,
that are necessary to implement the program required under sub-
section (b).
‘‘(2) The description under paragraph (1) shall be based on
the risk assessments required under subsection (b)(2)(1).
‘‘(e) Each agency shall provide the public with timely notice
and opportunities for comment on proposed information security
policies and procedures to the extent that such policies and proce-
dures affect communication with the public.
‘‘§ 3535. Annual independent evaluation
‘‘(a)(1) Each year each agency shall have performed an inde-
pendent evaluation of the information security program and prac-
tices of that agency to determine the effectiveness of such program
and practices.
‘‘(2) Each evaluation by an agency under this section shall
include—
‘‘(A) testing of the effectiveness of information security
policies, procedures, and practices of a representative subset
of the agency’s information systems;
‘‘(B) an assessment (made on the basis of the results of
the testing) of compliance with—
‘‘(i) the requirements of this subchapter; and
‘‘(ii) related information security policies, procedures,
standards, and guidelines; and
‘‘(C) separate presentations, as appropriate, regarding
information security relating to national security systems.
‘‘(b) Subject to subsection (c)—
‘‘(1) for each agency with an Inspector General appointed
under the Inspector General Act of 1978, the annual evaluation
required by this section shall be performed by the Inspector
H. R. 5005—132
General or by an independent external auditor, as determined
by the Inspector General of the agency; and
‘‘(2) for each agency to which paragraph (1) does not apply,
the head of the agency shall engage an independent external
auditor to perform the evaluation.
‘‘(c) For each agency operating or exercising control of a national
security system, that portion of the evaluation required by this
section directly relating to a national security system shall be
performed—
‘‘(1) only by an entity designated by the agency head;
and
‘‘(2) in such a manner as to ensure appropriate protection
for information associated with any information security vulner-
ability in such system commensurate with the risk and in
accordance with all applicable laws.
‘‘(d) The evaluation required by this section—
‘‘(1) shall be performed in accordance with generally
accepted government auditing standards; and
‘‘(2) may be based in whole or in part on an audit, evalua-
tion, or report relating to programs or practices of the applicable
agency.
‘‘(e) Each year, not later than such date established by the
Director, the head of each agency shall submit to the Director
the results of the evaluation required under this section.
‘‘(f) Agencies and evaluators shall take appropriate steps to
ensure the protection of information which, if disclosed, may
adversely affect information security. Such protections shall be
commensurate with the risk and comply with all applicable laws
and regulations.
‘‘(g)(1) The Director shall summarize the results of the evalua-
tions conducted under this section in the report to Congress required
under section 3533(a)(8).
‘‘(2) The Director’s report to Congress under this subsection
shall summarize information regarding information security
relating to national security systems in such a manner as to ensure
appropriate protection for information associated with any informa-
tion security vulnerability in such system commensurate with the
risk and in accordance with all applicable laws.
‘‘(3) Evaluations and any other descriptions of information sys-
tems under the authority and control of the Director of Central
Intelligence or of National Foreign Intelligence Programs systems
under the authority and control of the Secretary of Defense shall
be made available to Congress only through the appropriate over-
sight committees of Congress, in accordance with applicable laws.
‘‘(h) The Comptroller General shall periodically evaluate and
report to Congress on—
‘‘(1) the adequacy and effectiveness of agency information
security policies and practices; and
‘‘(2) implementation of the requirements of this subchapter.
‘‘§ 3536. National security systems
‘‘The head of each agency operating or exercising control of
a national security system shall be responsible for ensuring that
the agency—
‘‘(1) provides information security protections commensu-
rate with the risk and magnitude of the harm resulting from
H. R. 5005—133
the unauthorized access, use, disclosure, disruption, modifica-
tion, or destruction of the information contained in such system;
‘‘(2) implements information security policies and practices
as required by standards and guidelines for national security
systems, issued in accordance with law and as directed by
the President; and
‘‘(3) complies with the requirements of this subchapter.
‘‘§ 3537. Authorization of appropriations
‘‘There are authorized to be appropriated to carry out the
provisions of this subchapter such sums as may be necessary for
each of fiscal years 2003 through 2007.
‘‘§ 3538. Effect on existing law
‘‘Nothing in this subchapter, section 11331 of title 40, or section
20 of the National Standards and Technology Act (15 U.S.C. 278g–
3) may be construed as affecting the authority of the President,
the Office of Management and Budget or the Director thereof,
the National Institute of Standards and Technology, or the head
of any agency, with respect to the authorized use or disclosure
of information, including with regard to the protection of personal
privacy under section 552a of title 5, the disclosure of information
under section 552 of title 5, the management and disposition of
records under chapters 29, 31, or 33 of title 44, the management
of information resources under subchapter I of chapter 35 of this
title, or the disclosure of information to Congress or the Comptroller
General of the United States.’’.
(2) CLERICAL AMENDMENT.—The items in the table of sec-
tions at the beginning of such chapter 35 under the heading
‘‘SUBCHAPTER II’’ are amended to read as follows:
‘‘3531. Purposes.
‘‘3532. Definitions.
‘‘3533. Authority and functions of the Director.
‘‘3534. Federal agency responsibilities.
‘‘3535. Annual independent evaluation.
‘‘3536. National security systems.
‘‘3537. Authorization of appropriations.
‘‘3538. Effect on existing law.’’.
(c) INFORMATION SECURITY RESPONSIBILITIES OF CERTAIN AGEN-
CIES.—
(1) NATIONAL SECURITY RESPONSIBILITIES.—(A) Nothing in
this Act (including any amendment made by this Act) shall
supersede any authority of the Secretary of Defense, the
Director of Central Intelligence, or other agency head, as
authorized by law and as directed by the President, with regard
to the operation, control, or management of national security
systems, as defined by section 3532(3) of title 44, United States
Code.
(B) Section 2224 of title 10, United States Code, is
amended—
(i) in subsection 2224(b), by striking ‘‘(b) OBJECTIVES
AND MINIMUM REQUIREMENTS.—(1)’’ and inserting ‘‘(b)
OBJECTIVES OF THE PROGRAM.—’’;
(ii) in subsection 2224(b), by striking ‘‘(2) the program
shall at a minimum meet the requirements of section 3534
and 3535 of title 44, United States Code.’’; and
(iii) in subsection 2224(c), by inserting ‘‘, including
through compliance with subtitle II of chapter 35 of title
44’’ after ‘‘infrastructure’’.
H. R. 5005—134
(2) ATOMIC ENERGY ACT OF 1954.—Nothing in this Act shall
supersede any requirement made by or under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted Data
or Formerly Restricted Data shall be handled, protected, classi-
fied, downgraded, and declassified in conformity with the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
SEC. 1002. MANAGEMENT OF INFORMATION TECHNOLOGY.
(a) IN GENERAL.—Section 11331 of title 40, United States Code,
is amended to read as follows:
‘‘§ 11331. Responsibilities for Federal information systems
standards
‘‘(a) DEFINITION.—In this section, the term ‘information security’
has the meaning given that term in section 3532(b)(1) of title
44.
‘‘(b) REQUIREMENT TO PRESCRIBE STANDARDS.—
‘‘(1) IN GENERAL.—
‘‘(A) REQUIREMENT.—Except as provided under para-
graph (2), the Director of the Office of Management and
Budget shall, on the basis of proposed standards developed
by the National Institute of Standards and Technology
pursuant to paragraphs (2) and (3) of section 20(a) of
the National Institute of Standards and Technology Act
(15 U.S.C. 278g–3(a)) and in consultation with the Sec-
retary of Homeland Security, promulgate information secu-
rity standards pertaining to Federal information systems.
‘‘(B) REQUIRED
STANDARDS.—Standards promulgated
under subparagraph (A) shall include—
‘‘(i) standards that provide minimum information
security requirements as determined under section
20(b) of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278g–3(b)); and
‘‘(ii) such standards that are otherwise necessary
to improve the efficiency of operation or security of
Federal information systems.
‘‘(C) REQUIRED STANDARDS BINDING.—Information secu-
rity standards described under subparagraph (B) shall be
compulsory and binding.
‘‘(2) STANDARDS AND GUIDELINES FOR NATIONAL SECURITY
SYSTEMS.—Standards and guidelines for national security sys-
tems, as defined under section 3532(3) of title 44, shall be
developed, promulgated, enforced, and overseen as otherwise
authorized by law and as directed by the President.
‘‘(c) APPLICATION OF MORE STRINGENT STANDARDS.—The head
of an agency may employ standards for the cost-effective information
security for all operations and assets within or under the super-
vision of that agency that are more stringent than the standards
promulgated by the Director under this section, if such standards—
‘‘(1) contain, at a minimum, the provisions of those
applicable standards made compulsory and binding by the
Director; and
‘‘(2) are otherwise consistent with policies and guidelines
issued under section 3533 of title 44.
‘‘(d) REQUIREMENTS REGARDING DECISIONS BY DIRECTOR.—
‘‘(1) DEADLINE.—The decision regarding the promulgation
of any standard by the Director under subsection (b) shall
H. R. 5005—135
occur not later than 6 months after the submission of the
proposed standard to the Director by the National Institute
of Standards and Technology, as provided under section 20
of the National Institute of Standards and Technology Act
(15 U.S.C. 278g–3).
‘‘(2) NOTICE AND COMMENT.—A decision by the Director
to significantly modify, or not promulgate, a proposed standard
submitted to the Director by the National Institute of Standards
and Technology, as provided under section 20 of the National
Institute of Standards and Technology Act (15 U.S.C. 278g–
3), shall be made after the public is given an opportunity
to comment on the Director’s proposed decision.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 113 of title 40, United States Code, is amended
by striking the item relating to section 11331 and inserting the
following:
‘‘11331. Responsibilities for Federal information systems standards.’’.
SEC. 1003. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
Section 20 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278g–3), is amended by striking the text
and inserting the following:
‘‘(a) The Institute shall—
‘‘(1) have the mission of developing standards, guidelines,
and associated methods and techniques for information sys-
tems;
‘‘(2) develop standards and guidelines, including minimum
requirements, for information systems used or operated by an
agency or by a contractor of an agency or other organization
on behalf of an agency, other than national security systems
(as defined in section 3532(b)(2) of title 44, United States Code);
‘‘(3) develop standards and guidelines, including minimum
requirements, for providing adequate information security for
all agency operations and assets, but such standards and guide-
lines shall not apply to national security systems; and
‘‘(4) carry out the responsibilities described in paragraph
(3) through the Computer Security Division.
‘‘(b) The standards and guidelines required by subsection (a)
shall include, at a minimum—
‘‘(1)(A) standards to be used by all agencies to categorize
all information and information systems collected or maintained
by or on behalf of each agency based on the objectives of
providing appropriate levels of information security according
to a range of risk levels;
‘‘(B) guidelines recommending the types of information and
information systems to be included in each such category; and
‘‘(C) minimum information security requirements for
information and information systems in each such category;
‘‘(2) a definition of and guidelines concerning detection
and handling of information security incidents; and
‘‘(3) guidelines developed in coordination with the National
Security Agency for identifying an information system as a
national security system consistent with applicable require-
ments for national security systems, issued in accordance with
law and as directed by the President.
‘‘(c) In developing standards and guidelines required by sub-
sections (a) and (b), the Institute shall—
H. R. 5005—136
‘‘(1) consult with other agencies and offices (including, but
not limited to, the Director of the Office of Management and
Budget, the Departments of Defense and Energy, the National
Security Agency, the General Accounting Office, and the Sec-
retary of Homeland Security) to assure—
‘‘(A) use of appropriate information security policies,
procedures, and techniques, in order to improve information
security and avoid unnecessary and costly duplication of
effort; and
‘‘(B) that such standards and guidelines are com-
plementary with standards and guidelines employed for
the protection of national security systems and information
contained in such systems;
‘‘(2) provide the public with an opportunity to comment
on proposed standards and guidelines;
‘‘(3) submit to the Director of the Office of Management
and Budget for promulgation under section 11331 of title 40,
United States Code—
‘‘(A) standards, as required under subsection (b)(1)(A),
no later than 12 months after the date of the enactment
of this section; and
‘‘(B) minimum information security requirements for
each category, as required under subsection (b)(1)(C), no
later than 36 months after the date of the enactment
of this section;
‘‘(4) issue guidelines as required under subsection (b)(1)(B),
no later than 18 months after the date of the enactment of
this Act;
‘‘(5) ensure that such standards and guidelines do not
require specific technological solutions or products, including
any specific hardware or software security solutions;
‘‘(6) ensure that such standards and guidelines provide
for sufficient flexibility to permit alternative solutions to pro-
vide equivalent levels of protection for identified information
security risks; and
‘‘(7) use flexible, performance-based standards and guide-
lines that, to the greatest extent possible, permit the use of
off-the-shelf commercially developed information security prod-
ucts.
‘‘(d) The Institute shall—
‘‘(1) submit standards developed pursuant to subsection
(a), along with recommendations as to the extent to which
these should be made compulsory and binding, to the Director
of the Office of Management and Budget for promulgation
under section 11331 of title 40, United States Code;
‘‘(2) provide assistance to agencies regarding—
‘‘(A) compliance with the standards and guidelines
developed under subsection (a);
‘‘(B) detecting and handling information security
incidents; and
‘‘(C) information security policies, procedures, and prac-
tices;
‘‘(3) conduct research, as needed, to determine the nature
and extent of information security vulnerabilities and tech-
niques for providing cost-effective information security;
H. R. 5005—137
‘‘(4) develop and periodically revise performance indicators
and measures for agency information security policies and prac-
tices;
‘‘(5) evaluate private sector information security policies
and practices and commercially available information tech-
nologies to assess potential application by agencies to
strengthen information security;
‘‘(6) evaluate security policies and practices developed for
national security systems to assess potential application by
agencies to strengthen information security;
‘‘(7) periodically assess the effectiveness of standards and
guidelines developed under this section and undertake revisions
as appropriate;
‘‘(8) solicit and consider the recommendations of the
Information Security and Privacy Advisory Board, established
by section 21, regarding standards and guidelines developed
under subsection (a) and submit such recommendations to the
Director of the Office of Management and Budget with such
standards submitted to the Director; and
‘‘(9) prepare an annual public report on activities under-
taken in the previous year, and planned for the coming year,
to carry out responsibilities under this section.
‘‘(e) As used in this section—
‘‘(1) the term ‘agency’ has the same meaning as provided
in section 3502(1) of title 44, United States Code;
‘‘(2) the term ‘information security’ has the same meaning
as provided in section 3532(1) of such title;
‘‘(3) the term ‘information system’ has the same meaning
as provided in section 3502(8) of such title;
‘‘(4) the term ‘information technology’ has the same
meaning as provided in section 11101 of title 40, United States
Code; and
‘‘(5) the term ‘national security system’ has the same
meaning as provided in section 3532(b)(2) of such title.’’.
SEC. 1004. INFORMATION SECURITY AND PRIVACY ADVISORY BOARD.
Section 21 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278g–4), is amended—
(1) in subsection (a), by striking ‘‘Computer System Security
and Privacy Advisory Board’’ and inserting ‘‘Information Secu-
rity and Privacy Advisory Board’’;
(2) in subsection (a)(1), by striking ‘‘computer or tele-
communications’’ and inserting ‘‘information technology’’;
(3) in subsection (a)(2)—
(A) by striking ‘‘computer or telecommunications tech-
nology’’ and inserting ‘‘information technology’’; and
(B) by striking ‘‘computer or telecommunications equip-
ment’’ and inserting ‘‘information technology’’;
(4) in subsection (a)(3)—
(A) by striking ‘‘computer systems’’ and inserting
‘‘information system’’; and
(B) by striking ‘‘computer systems security’’ and
inserting ‘‘information security’’;
(5) in subsection (b)(1) by striking ‘‘computer systems secu-
rity’’ and inserting ‘‘information security’’;
(6) in subsection (b) by striking paragraph (2) and inserting
the following:
H. R. 5005—138
‘‘(2) to advise the Institute and the Director of the Office
of Management and Budget on information security and privacy
issues pertaining to Federal Government information systems,
including through review of proposed standards and guidelines
developed under section 20; and’’;
(7) in subsection (b)(3) by inserting ‘‘annually’’ after
‘‘report’’;
(8) by inserting after subsection (e) the following new sub-
section:
‘‘(f) The Board shall hold meetings at such locations and at
such time and place as determined by a majority of the Board.’’;
(9) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(10) by striking subsection (h), as redesignated by para-
graph (9), and inserting the following:
‘‘(h) As used in this section, the terms ‘information system’
and ‘information technology’ have the meanings given in section
20.’’.
SEC. 1005. TECHNICAL AND CONFORMING AMENDMENTS.
(a) FEDERAL
COMPUTER
SYSTEM
SECURITY
TRAINING
AND
PLAN.—
(1) REPEAL.—Section 11332 of title 40, United States Code,
is repealed.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 113 of title 40, United States Code, as
amended by striking the item relating to section 11332.
(b) FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2001.—The Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106–398) is
amended by striking subtitle G of title X (44 U.S.C. 3531 note).
(c) PAPERWORK REDUCTION ACT.—(1) Section 3504(g) of title
44, United States Code, is amended—
(A) by adding ‘‘and’’ at the end of paragraph (1);
(B) in paragraph (2)—
(i) by striking ‘‘sections 11331 and 11332(b) and (c)
of title 40’’ and inserting ‘‘section 11331 of title 40 and
subchapter II of this title’’; and
(ii) by striking the semicolon and inserting a period;
and
(C) by striking paragraph (3).
(2) Section 3505 of such title is amended by adding at the
end the following:
‘‘(c) INVENTORY OF INFORMATION SYSTEMS.—(1) The head of
each agency shall develop and maintain an inventory of the informa-
tion systems (including national security systems) operated by or
under the control of such agency;
‘‘(2) The identification of information systems in an inventory
under this subsection shall include an identification of the interfaces
between each such system and all other systems or networks,
including those not operated by or under the control of the agency;
‘‘(3) Such inventory shall be—
‘‘(A) updated at least annually;
‘‘(B) made available to the Comptroller General; and
‘‘(C) used to support information resources management,
including—
H. R. 5005—139
‘‘(i) preparation and maintenance of the inventory of
information resources under section 3506(b)(4);
‘‘(ii) 
information 
technology 
planning, 
budgeting,
acquisition, and management under section 3506(h), sub-
title III of title 40, and related laws and guidance;
‘‘(iii) monitoring, testing, and evaluation of information
security controls under subchapter II;
‘‘(iv) preparation of the index of major information
systems required under section 552(g) of title 5, United
States Code; and
‘‘(v) preparation of information system inventories
required for records management under chapters 21, 29,
31, and 33.
‘‘(4) The Director shall issue guidance for and oversee the
implementation of the requirements of this subsection.’’.
(3) Section 3506(g) of such title is amended—
(A) by adding ‘‘and’’ at the end of paragraph (1);
(B) in paragraph (2)—
(i) by striking ‘‘section 11332 of title 40’’ and inserting
‘‘subchapter II of this chapter’’; and
(ii) by striking ‘‘; and’’ and inserting a period; and
(C) by striking paragraph (3).
SEC. 1006. CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act,
affects the authority of the National Institute of Standards and
Technology or the Department of Commerce relating to the develop-
ment and promulgation of standards or guidelines under paragraphs
(1) and (2) of section 20(a) of the National Institute of Standards
and Technology Act (15 U.S.C. 278g–3(a)).
TITLE XI—DEPARTMENT OF JUSTICE
DIVISIONS
Subtitle A—Executive Office for
Immigration Review
SEC. 1101. LEGAL STATUS OF EOIR.
(a) EXISTENCE OF EOIR.—There is in the Department of Justice
the Executive Office for Immigration Review, which shall be subject
to the direction and regulation of the Attorney General under
section 103(g) of the Immigration and Nationality Act, as added
by section 1102.
SEC. 1102. AUTHORITIES OF THE ATTORNEY GENERAL.
Section 103 of the Immigration and Nationality Act (8 U.S.C.
1103) as amended by this Act, is further amended by—
(1) amending the heading to read as follows:
‘‘POWERS AND DUTIES OF THE SECRETARY, THE UNDER SECRETARY,
AND THE ATTORNEY GENERAL’’;
(2) in subsection (a)—
(A) by inserting ‘‘Attorney General,’’ after ‘‘President,’’;
and
H. R. 5005—140
(B) by redesignating paragraphs (8), (9), (8) (as added
by section 372 of Public Law 104–208), and (9) (as added
by section 372 of Public Law 104–208) as paragraphs (8),
(9), (10), and (11), respectively; and
(3) by adding at the end the following new subsection:
‘‘(g) ATTORNEY GENERAL.—
‘‘(1) IN GENERAL.—The Attorney General shall have such
authorities and functions under this Act and all other laws
relating to the immigration and naturalization of aliens as
were exercised by the Executive Office for Immigration Review,
or by the Attorney General with respect to the Executive Office
for Immigration Review, on the day before the effective date
of the Immigration Reform, Accountability and Security
Enhancement Act of 2002.
‘‘(2) POWERS.—The Attorney General shall establish such
regulations, prescribe such forms of bond, reports, entries, and
other papers, issue such instructions, review such administra-
tive determinations in immigration proceedings, delegate such
authority, and perform such other acts as the Attorney General
determines to be necessary for carrying out this section.’’.
SEC. 1103. STATUTORY CONSTRUCTION.
Nothing in this Act, any amendment made by this Act, or
in section 103 of the Immigration and Nationality Act, as amended
by section 1102, shall be construed to limit judicial deference to
regulations, adjudications, interpretations, orders, decisions, judg-
ments, or any other actions of the Secretary of Homeland Security
or the Attorney General.
Subtitle B—Transfer of the Bureau of Alco-
hol, Tobacco and Firearms to the Depart-
ment of Justice
SEC. 1111. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLO-
SIVES.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established within the Depart-
ment of Justice under the general authority of the Attorney
General the Bureau of Alcohol, Tobacco, Firearms, and Explo-
sives (in this section referred to as the ‘‘Bureau’’).
(2) DIRECTOR.—There shall be at the head of the Bureau
a Director, Bureau of Alcohol, Tobacco, Firearms, and Explo-
sives (in this subtitle referred to as the ‘‘Director’’). The Director
shall be appointed by the Attorney General and shall perform
such functions as the Attorney General shall direct. The
Director shall receive compensation at the rate prescribed by
law under section 5314 of title V, United States Code, for
positions at level III of the Executive Schedule.
(3) COORDINATION.—The Attorney General, acting through
the Director and such other officials of the Department of
Justice as the Attorney General may designate, shall provide
for the coordination of all firearms, explosives, tobacco enforce-
ment, and arson enforcement functions vested in the Attorney
General so as to assure maximum cooperation between and
among any officer, employee, or agency of the Department
H. R. 5005—141
of Justice involved in the performance of these and related
functions.
(4) PERFORMANCE
OF
TRANSFERRED
FUNCTIONS.—The
Attorney General may make such provisions as the Attorney
General determines appropriate to authorize the performance
by any officer, employee, or agency of the Department of Justice
of any function transferred to the Attorney General under
this section.
(b) RESPONSIBILITIES.—Subject to the direction of the Attorney
General, the Bureau shall be responsible for investigating—
(1) criminal and regulatory violations of the Federal fire-
arms, explosives, arson, alcohol, and tobacco smuggling laws;
(2) the functions transferred by subsection (c); and
(3) any other function related to the investigation of violent
crime or domestic terrorism that is delegated to the Bureau
by the Attorney General.
(c) TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND
ASSETS TO THE DEPARTMENT OF JUSTICE.—
(1) IN GENERAL.—Subject to paragraph (2), but notwith-
standing any other provision of law, there are transferred to
the Department of Justice the authorities, functions, personnel,
and assets of the Bureau of Alcohol, Tobacco and Firearms,
which shall be maintained as a distinct entity within the
Department of Justice, including the related functions of the
Secretary of the Treasury.
(2) ADMINISTRATION
AND
REVENUE
COLLECTION
FUNC-
TIONS.—There shall be retained within the Department of the
Treasury the authorities, functions, personnel, and assets of
the Bureau of Alcohol, Tobacco and Firearms relating to the
administration and enforcement of chapters 51 and 52 of the
Internal Revenue Code of 1986, sections 4181 and 4182 of
the Internal Revenue Code of 1986, and title 27, United States
Code.
(3) BUILDING PROSPECTUS.—Prospectus PDC-98W10, giving
the General Services Administration the authority for site
acquisition, design, and construction of a new headquarters
building for the Bureau of Alcohol, Tobacco and Firearms,
is transferred, and deemed to apply, to the Bureau of Alcohol,
Tobacco, Firearms, and Explosives established in the Depart-
ment of Justice under subsection (a).
(d) TAX AND TRADE BUREAU.—
(1) ESTABLISHMENT.—There is established within the
Department of the Treasury the Tax and Trade Bureau.
(2) ADMINISTRATOR.—The Tax and Trade Bureau shall be
headed by an Administrator, who shall perform such duties
as assigned by the Under Secretary for Enforcement of the
Department of the Treasury. The Administrator shall occupy
a career-reserved position within the Senior Executive Service.
(3) RESPONSIBILITIES.—The authorities, functions, per-
sonnel, and assets of the Bureau of Alcohol, Tobacco and Fire-
arms that are not transferred to the Department of Justice
under this section shall be retained and administered by the
Tax and Trade Bureau.
SEC. 1112. TECHNICAL AND CONFORMING AMENDMENTS.
(a) The Inspector General Act of 1978 (5 U.S.C. App.) is
amended—
H. R. 5005—142
(1) in section 8D(b)(1) by striking ‘‘Bureau of Alcohol,
Tobacco and Firearms’’ and inserting ‘‘Tax and Trade Bureau’’;
and
(2) in section 9(a)(1)(L)(i), by striking ‘‘Bureau of Alcohol,
Tobacco, and Firearms’’ and inserting ‘‘Tax and Trade Bureau’’.
(b) Section 1109(c)(2)(A)(i) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (7 U.S.C. 1445–3(c)(2)(A)(i)) is amended
by striking ‘‘(on ATF Form 3068) by manufacturers of tobacco
products to the Bureau of Alcohol, Tobacco and Firearms’’ and
inserting ‘‘by manufacturers of tobacco products to the Tax and
Trade Bureau’’.
(c) Section 2(4)(J) of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (Public Law 107–173; 8 U.S.C.A.
1701(4)(J)) is amended by striking ‘‘Bureau of Alcohol, Tobacco,
and Firearms’’ and inserting ‘‘Bureau of Alcohol, Tobacco, Firearms,
and Explosives, Department of Justice’’.
(d) Section 3(1)(E) of the Firefighters’ Safety Study Act (15
U.S.C. 2223b(1)(E)) is amended by striking ‘‘the Bureau of Alcohol,
Tobacco, and Firearms,’’ and inserting ‘‘the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Department of Justice,’’.
(e) Chapter 40 of title 18, United States Code, is amended—
(1) by striking section 841(k) and inserting the following:
‘‘(k) ‘Attorney General’ means the Attorney General of the
United States.’’;
(2) in section 846(a), by striking ‘‘the Attorney General
and the Federal Bureau of Investigation, together with the
Secretary’’ and inserting ‘‘the Federal Bureau of Investigation,
together with the Bureau of Alcohol, Tobacco, Firearms, and
Explosives’’; and
(3) by striking ‘‘Secretary’’ each place it appears and
inserting ‘‘Attorney General’’.
(f) Chapter 44 of title 18, United States Code, is amended—
(1) in section 921(a)(4)(B), by striking ‘‘Secretary’’ and
inserting ‘‘Attorney General’’;
(2) in section 921(a)(4), by striking ‘‘Secretary of the
Treasury’’ and inserting ‘‘Attorney General’’;
(3) in section 921(a), by striking paragraph (18) and
inserting the following:
‘‘(18) The term ‘Attorney General’ means the Attorney Gen-
eral of the United States’’;
(4) in section 922(p)(5)(A), by striking ‘‘after consultation
with the Secretary’’ and inserting ‘‘after consultation with the
Attorney General’’;
(5) in section 923(l), by striking ‘‘Secretary of the Treasury’’
and inserting ‘‘Attorney General’’; and
(6) by striking ‘‘Secretary’’ each place it appears, except
before ‘‘of the Army’’ in section 921(a)(4) and before ‘‘of Defense’’
in section 922(p)(5)(A), and inserting the term ‘‘Attorney Gen-
eral’’.
(g) Section 1261(a) of title 18, United States Code, is amended
to read as follows:
‘‘(a) The Attorney General—
‘‘(1) shall enforce the provisions of this chapter; and
‘‘(2) has the authority to issue regulations to carry out
the provisions of this chapter.’’.
H. R. 5005—143
(h) Section 1952(c) of title 18, United States Code, is amended
by striking ‘‘Secretary of the Treasury’’ and inserting ‘‘Attorney
General’’.
(i) Chapter 114 of title 18, United States Code, is amended—
(1) by striking section 2341(5), and inserting the following:
‘‘(5) the term ‘Attorney General’ means the Attorney Gen-
eral of the United States’’; and
(2) by striking ‘‘Secretary’’ each place it appears and
inserting ‘‘Attorney General’’.
(j) Section 6103(i)(8)(A)(i) of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information) is amended by striking ‘‘or the Bureau of Alcohol,
Tobacco and Firearms’’ and inserting ‘‘, the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Department of Justice, or the
Tax and Trade Bureau, Department of the Treasury,’’.
(k) Section 7801(a) of the Internal Revenue Code of 1986
(relating to the authority of the Department of the Treasury) is
amended—
(1) by striking ‘‘SECRETARY.—Except’’ and inserting ‘‘SEC-
RETARY.—
‘‘(1) IN GENERAL.—Except’’; and
(2) by adding at the end the following:
‘‘(2) ADMINISTRATION AND ENFORCEMENT OF CERTAIN PROVI-
SIONS BY ATTORNEY GENERAL.—
‘‘(A) IN GENERAL.—The administration and enforcement
of the following provisions of this title shall be performed
by or under the supervision of the Attorney General; and
the term ‘Secretary’ or ‘Secretary of the Treasury’ shall,
when applied to those provisions, mean the Attorney Gen-
eral; and the term ‘internal revenue officer’ shall, when
applied to those provisions, mean any officer of the Bureau
of Alcohol, Tobacco, Firearms, and Explosives so designated
by the Attorney General:
‘‘(i) Chapter 53.
‘‘(ii) Chapters 61 through 80, to the extent such
chapters relate to the enforcement and administration
of the provisions referred to in clause (i).
‘‘(B) USE OF EXISTING RULINGS AND INTERPRETATIONS.—
Nothing in this Act alters or repeals the rulings and
interpretations of the Bureau of Alcohol, Tobacco, and Fire-
arms in effect on the effective date of the Homeland Secu-
rity Act of 2002, which concern the provisions of this title
referred to in subparagraph (A). The Attorney General
shall consult with the Secretary to achieve uniformity and
consistency in administering provisions under chapter 53
of title 26, United States Code.’’.
(l) Section 2006(2) of title 28, United States Code, is amended
by inserting ‘‘, the Director, Bureau of Alcohol, Tobacco, Firearms,
and Explosives, Department of Justice,’’ after ‘‘the Secretary of
the Treasury’’.
(m) Section 713 of title 31, United States Code, is amended—
(1) by striking the section heading and inserting the fol-
lowing:
H. R. 5005—144
‘‘§ 713. Audit of Internal Revenue Service, Tax and Trade
Bureau, and Bureau of Alcohol, Tobacco, Fire-
arms, and Explosives’’;
(2) in subsection (a), by striking ‘‘Bureau of Alcohol,
Tobacco, and Firearms,’’ and inserting ‘‘Tax and Trade Bureau,
Department of the Treasury, and the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Department of Justice’’;
and
(3) in subsection (b)—
(A) in paragraph (1)(B), by striking ‘‘or the Bureau’’
and inserting ‘‘or either Bureau’’;
(B) in paragraph (2)—
(i) by striking ‘‘or the Bureau’’ and inserting ‘‘or
either Bureau’’; and
(ii) by striking ‘‘and the Director of the Bureau’’
and inserting ‘‘the Tax and Trade Bureau, Department
of the Treasury, and the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, Depart-
ment of Justice’’; and
(C) in paragraph (3), by striking ‘‘or the Bureau’’ and
inserting ‘‘or either Bureau’’.
(n) Section 9703 of title 31, United States Code, is amended—
(1) in subsection (a)(2)(B)—
(A) in clause (iii)(III), by inserting ‘‘and’’ after the
semicolon;
(B) in clause (iv), by striking ‘‘; and’’ and inserting
a period; and
(C) by striking clause (v);
(2) by striking subsection (o);
(3) by redesignating existing subsection (p) as subsection
(o); and
(4) in subsection (o)(1), as redesignated by paragraph (3),
by striking ‘‘Bureau of Alcohol, Tobacco and Firearms’’ and
inserting ‘‘Tax and Trade Bureau’’.
(o) Section 609N(2)(L) of the Justice Assistance Act of 1984
(42 U.S.C. 10502(2)(L)) is amended by striking ‘‘Bureau of Alcohol,
Tobacco, and Firearms’’ and inserting ‘‘Bureau of Alcohol, Tobacco,
Firearms, and Explosives, Department of Justice’’.
(p) Section 32401(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13921(a)) is amended—
(1) by striking ‘‘Secretary of the Treasury’’ each place it
appears and inserting ‘‘Attorney General’’; and
(2) in subparagraph (3)(B), by striking ‘‘Bureau of Alcohol,
Tobacco and Firearms’’ and inserting ‘‘Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Department of Justice’’.
(q) Section 80303 of title 49, United States Code, is amended—
(1) by inserting ‘‘or, when the violation of this chapter
involves contraband described in paragraph (2) or (5) of section
80302(a), the Attorney General’’ after ‘‘section 80304 of this
title.’’; and
(2) by inserting ‘‘, the Attorney General,’’ after ‘‘by the
Secretary’’.
(r) Section 80304 of title 49, United States Code, is amended—
(1) in subsection (a), by striking ‘‘(b) and (c)’’ and inserting
‘‘(b), (c), and (d)’’;
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c), the following: