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.
TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE
PROTECTION
Subtitle A—Directorate for Information Analysis and Infrastructure
Protection; Access to Information
Sec. 201. Directorate for Information Analysis and Infrastructure Protection.
Sec. 202. Access to information.
Subtitle B—Critical Infrastructure Information
Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Designation of critical infrastructure protection program.
Sec. 214. Protection of voluntarily shared critical infrastructure information.
Sec. 215. No private right of action.
Subtitle C—Information Security
Sec. 221. Procedures for sharing information.
Sec. 222. Privacy Officer.
Sec. 223. Enhancement of non-Federal cybersecurity.
Sec. 224. Net guard.
Sec. 225. Cyber Security Enhancement Act of 2002.
Subtitle D—Office of Science and Technology
Sec. 231. Establishment of office; Director.
Sec. 232. Mission of office; duties.
Sec. 233. Definition of law enforcement technology.
Sec. 234. Abolishment of Office of Science and Technology of National Insti-
tute of Justice; transfer of functions.
Sec. 235. National Law Enforcement and Corrections Technology Centers.
Sec. 236. Coordination with other entities within Department of Justice.
Sec. 237. Amendments relating to National Institute of Justice.
TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF
HOMELAND SECURITY
Sec. 301. Under Secretary for Science and Technology.
Sec. 302. Responsibilities and authorities of the Under Secretary for Science
and Technology.
Sec. 303. Functions transferred.
Sec. 304. Conduct of certain public health-related activities.
Sec. 305. Federally funded research and development centers.
Sec. 306. Miscellaneous provisions.
Sec. 307. Homeland Security Advanced Research Projects Agency.
Sec. 308. Conduct of research, development, demonstration, testing and evalua-
tion.
Sec. 309. Utilization of Department of Energy national laboratories and sites
in support of homeland security activities.
Sec. 310. Transfer of Plum Island Animal Disease Center, Department of Agri-
culture.
Sec. 311. Homeland Security Science and Technology Advisory Committee.
Sec. 312. Homeland Security Institute.
Sec. 313. Technology clearinghouse to encourage and support innovative solu-
tions to enhance homeland security.
TITLE IV—DIRECTORATE OF BORDER AND TRANSPORTATION
SECURITY
Subtitle A—Under Secretary for Border and Transportation Security
Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Responsibilities.
Sec. 403. Functions transferred.
Subtitle B—United States Customs Service
Sec. 411. Establishment; Commissioner of Customs.
Sec. 412. Retention of customs revenue functions by Secretary of the Treasury.
Sec. 413. Preservation of customs funds.
Sec. 414. Separate budget request for customs.
Sec. 415. Definition.
Sec. 416. GAO report to Congress.
Sec. 417. Allocation of resources by the Secretary.
Sec. 418. Reports to Congress.
Sec. 419. Customs user fees.
Subtitle C—Miscellaneous Provisions
Sec. 421. Transfer of certain agricultural inspection functions of the Depart-
ment of Agriculture.
Sec. 422. Functions of Administrator of General Services.
Sec. 423. Functions of Transportation Security Administration.
Sec. 424. Preservation of Transportation Security Administration as a distinct
entity.
Sec. 425. Explosive detection systems.
Sec. 426. Transportation security.
Sec. 427. Coordination of information and information technology.
Sec. 428. Visa issuance.
Sec. 429. Information on visa denials required to be entered into electronic data
system.
Sec. 430. Office for Domestic Preparedness.
Subtitle D—Immigration Enforcement Functions
Sec. 441. Transfer of functions to Under Secretary for Border and Transpor-
tation Security.
Sec. 442. Establishment of Bureau of Border Security.
Sec. 443. Professional responsibility and quality review.
Sec. 444. Employee discipline.
Sec. 445. Report on improving enforcement functions.
Sec. 446. Sense of Congress regarding construction of fencing near San Diego,
California.
Subtitle E—Citizenship and Immigration Services
Sec. 451. Establishment of Bureau of Citizenship and Immigration Services.
Sec. 452. Citizenship and Immigration Services Ombudsman.
Sec. 453. Professional responsibility and quality review.
Sec. 454. Employee discipline.
Sec. 455. Effective date.
Sec. 456. Transition.
Sec. 457. Funding for citizenship and immigration services.
Sec. 458. Backlog elimination.
Sec. 459. Report on improving immigration services.
Sec. 460. Report on responding to fluctuating needs.
Sec. 461. Application of Internet-based technologies.
Sec. 462. Children’s affairs.
Subtitle F—General Immigration Provisions
Sec. 471. Abolishment of INS.
Sec. 472. Voluntary separation incentive payments.
Sec. 473. Authority to conduct a demonstration project relating to disciplinary
action.
Sec. 474. Sense of Congress.
Sec. 475. Director of Shared Services.
Sec. 476. Separation of funding.
Sec. 477. Reports and implementation plans.
Sec. 478. Immigration functions.
TITLE V—EMERGENCY PREPAREDNESS AND RESPONSE
Sec. 501. Under Secretary for Emergency Preparedness and Response.
Sec. 502. Responsibilities.
Sec. 503. Functions transferred.
Sec. 504. Nuclear incident response.
Sec. 505. Conduct of certain public health-related activities.
Sec. 506. Definition.
Sec. 507. Role of Federal Emergency Management Agency.
Sec. 508. Use of national private sector networks in emergency response.
Sec. 509. Use of commercially available technology, goods, and services.
TITLE VI—TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS
OF THE ARMED FORCES OF THE UNITED STATES AND OTHER
GOVERNMENTAL ORGANIZATIONS
Sec. 601. Treatment of charitable trusts for members of the Armed Forces of
the United States and other governmental organizations.
TITLE VII—MANAGEMENT
Sec. 701. Under Secretary for Management.
Sec. 702. Chief Financial Officer.
Sec. 703. Chief Information Officer.
Sec. 704. Chief Human Capital Officer.
Sec. 705. Establishment of Officer for Civil Rights and Civil Liberties.
Sec. 706. Consolidation and co-location of offices.
TITLE VIII—COORDINATION WITH NON-FEDERAL ENTITIES; IN-
SPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST
GUARD; GENERAL PROVISIONS
Subtitle A—Coordination with Non-Federal Entities
Sec. 801. Office for State and Local Government Coordination.
Subtitle B—Inspector General
Sec. 811. Authority of the Secretary.
Sec. 812. Law enforcement powers of Inspector General agents.
Subtitle C—United States Secret Service
Sec. 821. Functions transferred.
Subtitle D—Acquisitions
Sec. 831. Research and development projects.
Sec. 832. Personal services.
Sec. 833. Special streamlined acquisition authority.
Sec. 834. Unsolicited proposals.
Sec. 835. Prohibition on contracts with corporate expatriates.
Subtitle E—Human Resources Management
Sec. 841. Establishment of Human Resources Management System.
Sec. 842. Labor-management relations.
Subtitle F—Federal Emergency Procurement Flexibility
Sec. 851. Definition.
Sec. 852. Procurements for defense against or recovery from terrorism or nu-
clear, biological, chemical, or radiological attack.
Sec. 853. Increased simplified acquisition threshold for procurements in support
of humanitarian or peacekeeping operations or contingency op-
erations.
Sec. 854. Increased micro-purchase threshold for certain procurements.
Sec. 855. Application of certain commercial items authorities to certain pro-
curements.
Sec. 856. Use of streamlined procedures.
Sec. 857. Review and report by Comptroller General.
Sec. 858. Identification of new entrants into the Federal marketplace.
Subtitle G—Support Anti-terrorism by Fostering Effective Technologies Act
of 2002
Sec. 861. Short title.
Sec. 862. Administration.
Sec. 863. Litigation management.
Sec. 864. Risk management.
Sec. 865. Definitions.
Subtitle H—Miscellaneous Provisions
Sec. 871. Advisory committees.
Sec. 872. Reorganization.
Sec. 873. Use of appropriated funds.
Sec. 874. Future Year Homeland Security Program.
Sec. 875. Miscellaneous authorities.
Sec. 876. Military activities.
Sec. 877. Regulatory authority and preemption.
Sec. 878. Counternarcotics officer.
Sec. 879. Office of International Affairs.
Sec. 880. Prohibition of the Terrorism Information and Prevention System.
Sec. 881. Review of pay and benefit plans.
Sec. 882. Office for National Capital Region Coordination.
Sec. 883. Requirement to comply with laws protecting equal employment oppor-
tunity and providing whistleblower protections.
Sec. 884. Federal Law Enforcement Training Center.
Sec. 885. Joint Interagency Task Force.
Sec. 886. Sense of Congress reaffirming the continued importance and applica-
bility of the Posse Comitatus Act.
Sec. 887. Coordination with the Department of Health and Human Services
under the Public Health Service Act.
Sec. 888. Preserving Coast Guard mission performance.
Sec. 889. Homeland security funding analysis in President’s budget.
Sec. 890. Air Transportation Safety and System Stabilization Act.
Subtitle I—Information Sharing
Sec. 891. Short title; findings; and sense of Congress.
Sec. 892. Facilitating homeland security information sharing procedures.
Sec. 893. Report.
Sec. 894. Authorization of appropriations.
Sec. 895. Authority to share grand jury information.
Sec. 896. Authority to share electronic, wire, and oral interception information.
Sec. 897. Foreign intelligence information.
Sec. 898. Information acquired from an electronic surveillance.
Sec. 899. Information acquired from a physical search.
TITLE IX—NATIONAL HOMELAND SECURITY COUNCIL
Sec. 901. National Homeland Security Council.
Sec. 902. Function.
Sec. 903. Membership.
Sec. 904. Other functions and activities.
Sec. 905. Staff composition.
Sec. 906. Relation to the National Security Council.
TITLE X—INFORMATION SECURITY
Sec. 1001. Information security.
Sec. 1002. Management of information technology.
Sec. 1312. Reform of the competitive service hiring process.
Sec. 1313. Permanent extension, revision, and expansion of authorities for use
of voluntary separation incentive pay and voluntary early re-
tirement.
Sec. 1314. Student volunteer transit subsidy.
Subtitle C—Reforms Relating to the Senior Executive Service
Sec. 1321. Repeal of recertification requirements of senior executives.
Sec. 1322. Adjustment of limitation on total annual compensation.
Subtitle D—Academic Training
Sec. 1331. Academic training.
Sec. 1332. Modifications to National Security Education Program.
TITLE XIV—ARMING PILOTS AGAINST TERRORISM
Sec. 1401. Short title.
Sec. 1402. Federal Flight Deck Officer Program.
Sec. 1403. Crew training.
Sec. 1404. Commercial airline security study.
Sec. 1405. Authority to arm flight deck crew with less-than-lethal weapons.
Sec. 1406. Technical amendments.
TITLE XV—TRANSITION
Subtitle A—Reorganization Plan
Sec. 1501. Definitions.
Sec. 1502. Reorganization plan.
Sec. 1503. Review of congressional committee structures.
Subtitle B—Transitional Provisions
Sec. 1511. Transitional authorities.
Sec. 1512. Savings provisions.
Sec. 1513. Terminations.
Sec. 1514. National identification system not authorized.
Sec. 1515. Continuity of Inspector General oversight.
Sec. 1516. Incidental transfers.
Sec. 1517. Reference.
TITLE XVI—CORRECTIONS TO EXISTING LAW RELATING TO
AIRLINE TRANSPORTATION SECURITY
Sec. 1601. Retention of security sensitive information authority at Department
of Transportation.
Sec. 1602. Increase in civil penalties.
Sec. 1603. Allowing United States citizens and United States nationals as
screeners.
TITLE XVII—CONFORMING AND TECHNICAL AMENDMENTS
Sec. 1701. Inspector General Act of 1978.
Sec. 1702. Executive Schedule.
Sec. 1703. United States Secret Service.
Sec. 1704. Coast Guard.
Sec. 1705. Strategic national stockpile and smallpox vaccine development.
Sec. 1706. Transfer of certain security and law enforcement functions and au-
thorities.
Sec. 1707. Transportation security regulations.
Sec. 1708. National Bio-Weapons Defense Analysis Center.
Sec. 1709. Collaboration with the Secretary of Homeland Security.
Sec. 1710. Railroad safety to include railroad security.
Sec. 1711. Hazmat safety to include hazmat security.
Sec. 1712. Office of Science and Technology Policy.
Sec. 1713. National Oceanographic Partnership Program.
Sec. 1714. Clarification of definition of manufacturer.
Sec. 1715. Clarification of definition of vaccine-related injury or death.
Sec. 1716. Clarification of definition of vaccine.
Sec. 1717. Effective date.
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
balances of appropriations, and other funds or re-
sources (other than personnel).
(4) The term ‘‘critical infrastructure’’ has the
meaning given that term in section 1016(e) of Pub-
lic 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’’
includes Federal, State, and local emergency public
safety, law enforcement, emergency response, emer-
gency medical (including hospital emergency facili-
ties), and related personnel, agencies, and authori-
ties.
(7) The term ‘‘executive agency’’ means an ex-
ecutive agency and a military department, as de-
fined, 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 mini-
mal 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
corporation under State law), regional or inter-
state government entity, or agency or instru-
mentality of a local government;
(B) an Indian Tribe or authorized tribal
organization, or in Alaska a Native Village or
Alaska Regional Native Corporation; and
(C) a rural community, unincorporated
town or village, or other public entity.
(11) The term ‘‘major disaster’’ has the mean-
ing given in section 102(2) of the Robert T. Stafford
Disaster 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 Com-
monwealth 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)(A) The term ‘‘United States’’, when used
in a geographic sense, means any State of the
United States, the District of Columbia, the Com-
monwealth 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 jurisdic-
tion of the United States.
(B) Nothing in this paragraph or any other
provision of this Act shall be construed to modify
the definition of ‘‘United States’’ for the purposes of
the Immigration and Nationality Act or any other
immigration or nationality law.
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 max-
imum 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 ap-
plication of such provision to other persons not similarly
situated or to other, dissimilar circumstances.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of
enactment.
TITLE I—DEPARTMENT OF
HOMELAND SECURITY
SEC. 101. EXECUTIVE DEPARTMENT; MISSION.
(a) ESTABLISHMENT.—There is established a De-
partment of Homeland Security, as an executive depart-
ment 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
transferred 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 agen-
cies and subdivisions within the Department
that are not related directly to securing the
homeland are not diminished or neglected ex-
cept by a specific explicit Act of Congress;
(F) ensure that the overall economic secu-
rity of the United States is not diminished by
efforts, activities, and programs aimed at secur-
ing the homeland; and
(G) monitor connections between illegal
drug trafficking and terrorism, coordinate ef-
forts to sever such connections, and otherwise
contribute to efforts to interdict illegal drug
trafficking.
(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) IN
GENERAL.—There is a Secretary of
Homeland Security, appointed by the President, by
and with the advice and consent of the Senate.
(2) HEAD OF DEPARTMENT.—The Secretary is
the head of the Department and shall have direction,
authority, and control over it.
(3) FUNCTIONS
VESTED
IN
SECRETARY.—All
functions of all officers, employees, and organiza-
tional 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
officer, employee, or organizational unit of the De-
partment;
(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 Sec-
retary’s responsibilities under this Act or otherwise
provided by law; and
(3) shall take reasonable steps to ensure that
information systems and databases of the Depart-
ment are compatible with each other and with ap-
propriate databases of other Departments.
(c) COORDINATION
WITH
NON-FEDERAL
ENTI-
TIES.—With respect to homeland security, the Secretary
shall coordinate through the Office of State and Local Co-
ordination (established under section 801) (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
entities, 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 Presi-
dent, attend and participate in meetings of the National
Security Council.
(e) ISSUANCE OF REGULATIONS.—The issuance of
regulations by the Secretary shall be governed by the pro-
visions of chapter 5 of title 5, United States Code, except
as specifically provided in this Act, in laws granting regu-
latory authorities that are transferred by this Act, and in
laws enacted after the date of enactment of this Act.
(f) SPECIAL ASSISTANT TO THE SECRETARY.—The
Secretary shall appoint a Special Assistant to the Sec-
retary 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
actions on the private sector;
(3) interfacing with other relevant Federal
agencies with homeland security missions to assess
the impact of these agencies’ actions on the private
sector;
(4) creating and managing private sector advi-
sory councils composed of representatives of indus-
tries 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 se-
curity policies, regulations, processes, and ac-
tions that affect the participating industries
and associations;
(5) working with Federal laboratories, Federally
funded research and development centers, other Fed-
erally funded organizations, academia, and the pri-
vate sector to develop innovative approaches to ad-
dress 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 in-
frastructure.
(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
Management and Budget Circular A–119.
SEC. 103. OTHER OFFICERS.
(a) DEPUTY SECRETARY; UNDER SECRETARIES.—
There are the following officers, appointed by the Presi-
dent, 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) A Director of the Bureau of Citizenship and
Immigration Services.
(7) An Under Secretary for Management.
(8) Not more than 12 Assistant Secretaries.
(9) A General Counsel, who shall be the chief
legal officer of the department.
(b) INSPECTOR GENERAL.—There is an Inspector
General, 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
following officers, appointed by the President:
(1) A Director of the Secret Service.
(2) A Chief Information Officer.
(3) A Chief Human Capital Officer.
(4) A Chief Financial Officer.
(5) An Officer for Civil Rights and Civil Lib-
erties.
(e) PERFORMANCE OF SPECIFIC FUNCTIONS.—Sub-
ject to the provisions of this Act, every officer of the De-
partment shall perform the functions specified by law for
the official’s office or prescribed by the Secretary.
TITLE II—INFORMATION ANAL-
YSIS AND INFRASTRUCTURE
PROTECTION
Subtitle A—Directorate for Infor-
mation Analysis and Infrastruc-
ture Protection; Access to Infor-
mation
SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND
INFRASTRUCTURE PROTECTION.
(a) UNDER SECRETARY OF HOMELAND SECURITY
FOR
INFORMATION
ANALYSIS
AND
INFRASTRUCTURE
PROTECTION.—
(1) IN GENERAL.—There shall be in the De-
partment a Directorate for Information Analysis and
Infrastructure Protection headed by an Under Sec-
retary for Information Analysis and Infrastructure
Protection, who shall be appointed by the President,
by and with the advice and consent of the Senate.
(2) RESPONSIBILITIES.—The Under Secretary
shall assist the Secretary in discharging the respon-
sibilities assigned by the Secretary.
(b) ASSISTANT
SECRETARY
FOR
INFORMATION
ANALYSIS; ASSISTANT SECRETARY FOR INFRASTRUCTURE
PROTECTION.—
(1) ASSISTANT SECRETARY FOR INFORMATION
ANALYSIS.—There shall be in the Department an
Assistant Secretary for Information Analysis, who
shall be appointed by the President.
(2) ASSISTANT SECRETARY FOR INFRASTRUC-
TURE PROTECTION.—There shall be in the Depart-
ment an Assistant Secretary for Infrastructure Pro-
tection, who shall be appointed by the President.
(3) RESPONSIBILITIES.—The Assistant Sec-
retary for Information Analysis and the Assistant
Secretary for Infrastructure Protection shall assist
the Under Secretary for Information Analysis and
Infrastructure Protection in discharging the respon-
sibilities of the Under Secretary under this section.
(c) DISCHARGE OF INFORMATION ANALYSIS AND IN-
FRASTRUCTURE PROTECTION.—The Secretary shall en-
sure that the responsibilities of the Department regarding
information analysis and infrastructure protection are car-
ried out through the Under Secretary for Information
Analysis and Infrastructure Protection.
(d) RESPONSIBILITIES
OF UNDER SECRETARY.—
Subject to the direction and control of the Secretary, the
responsibilities of the Under Secretary for Information
Analysis and Infrastructure Protection shall be as follows:
(1) To access, receive, and analyze law enforce-
ment information, intelligence information, and
other information from agencies of the Federal Gov-
ernment, State and local government agencies (in-
cluding law enforcement agencies), and private sec-
tor entities, and to integrate such information in
order to—
(A) identify and assess the nature and
scope of terrorist threats to the homeland;
(B) detect and identify threats of terrorism
against the United States; and
(C) understand such threats in light of ac-
tual and potential vulnerabilities of the home-
land.
(2) To carry out comprehensive assessments of
the vulnerabilities of the key resources and critical
infrastructure of the United States, including the
performance of risk assessments to determine the
risks posed by particular types of terrorist attacks
within the United States (including an assessment of
the probability of success of such attacks and the
feasibility and potential efficacy of various counter-
measures to such attacks).
(3) To integrate relevant information, analyses,
and vulnerability assessments (whether such infor-
mation, analyses, or assessments are provided or
produced by the Department or others) in order to
identify priorities for protective and support meas-
ures by the Department, other agencies of the Fed-
eral Government, State and local government agen-
cies and authorities, the private sector, and other en-
tities.
(4) To ensure, pursuant to section 202, the
timely and efficient access by the Department to all
information necessary to discharge the responsibil-
ities under this section, including obtaining such in-
formation from other agencies of the Federal Gov-
ernment.
(5) To develop a comprehensive national plan
for securing the key resources and critical infra-
structure of the United States, including power pro-
duction, generation, and distribution systems, infor-
mation technology and telecommunications systems
(including satellites), electronic financial and prop-
erty record storage and transmission systems, emer-
gency preparedness communications systems, and
the physical and technological assets that support
such systems.
(6) To recommend measures necessary to pro-
tect the key resources and critical infrastructure of
the United States in coordination with other agen-
cies of the Federal Government and in cooperation
with State and local government agencies and au-
thorities, the private sector, and other entities.
(7) To administer the Homeland Security Advi-
sory System, including—
(A) exercising primary responsibility for
public advisories related to threats to homeland
security; and
(B) in coordination with other agencies of
the Federal Government, providing specific
warning information, and advice about appro-
priate 
protective 
measures 
and 
counter-
measures, to State and local government agen-
cies and authorities, the private sector, other
entities, and the public.
(8) To review, analyze, and make recommenda-
tions for improvements in the policies and proce-
dures governing the sharing of law enforcement in-
formation, intelligence information, intelligence-re-
lated information, and other information relating to
homeland security within the Federal Government
and between the Federal Government and State and
local government agencies and authorities.
(9) To disseminate, as appropriate, information
analyzed by the Department within the Department,
to other agencies of the Federal Government with
responsibilities relating to homeland security, and to
agencies of State and local governments and private
sector entities with such responsibilities in order to
assist in the deterrence, prevention, preemption of,
or response to, terrorist attacks against the United
States.
(10) To consult with the Director of Central In-
telligence and other appropriate intelligence, law en-
forcement, or other elements of the Federal Govern-
ment to establish collection priorities and strategies
for information, including law enforcement-related
information, relating to threats of terrorism against
the United States through such means as the rep-
resentation of the Department in discussions regard-
ing requirements and priorities in the collection of
such information.
(11) To consult with State and local govern-
ments and private sector entities to ensure appro-
priate exchanges of information, including law en-
forcement-related information, relating to threats of
terrorism against the United States.
(12) To ensure that—
(A) any material received pursuant to this
Act is protected from unauthorized disclosure
and handled and used only for the performance
of official duties; and
(B) any intelligence information under this
Act is shared, retained, and disseminated con-
sistent with the authority of the Director of
Central Intelligence to protect intelligence
sources and methods under the National Secu-
rity Act of 1947 (50 U.S.C. 401 et seq.) and
related procedures and, as appropriate, similar
authorities of the Attorney General concerning
sensitive law enforcement information.
(13) To request additional information from
other agencies of the Federal Government, State and
local government agencies, and the private sector re-
lating to threats of terrorism in the United States,
or relating to other areas of responsibility assigned
by the Secretary, including the entry into coopera-
tive agreements through the Secretary to obtain
such information.
(14) To establish and utilize, in conjunction
with the chief information officer of the Department,
a secure communications and information technology
infrastructure, including data-mining and other ad-
vanced analytical tools, in order to access, receive,
and analyze data and information in furtherance of
the responsibilities under this section, and to dis-
seminate information acquired and analyzed by the
Department, as appropriate.
(15) To ensure, in conjunction with the chief
information officer of the Department, that any in-
formation databases and analytical tools developed
or utilized by the Department—
(A) are compatible with one another and
with relevant information databases of other
agencies of the Federal Government; and
(B) treat information in such databases in
a manner that complies with applicable Federal
law on privacy.
(16) To coordinate training and other support
to the elements and personnel of the Department,
other agencies of the Federal Government, and State
and local governments that provide information to
the Department, or are consumers of information
provided by the Department, in order to facilitate
the identification and sharing of information re-
vealed in their ordinary duties and the optimal utili-
zation of information received from the Department.
(17) To coordinate with elements of the intel-
ligence community and with Federal, State, and
local law enforcement agencies, and the private sec-
tor, as appropriate.
(18) To provide intelligence and information
analysis and support to other elements of the De-
partment.
(19) To perform such other duties relating to
such responsibilities as the Secretary may provide.
(e) STAFF.—
(1) IN GENERAL.—The Secretary shall provide
the Directorate with a staff of analysts having ap-
propriate expertise and experience to assist the Di-
rectorate in discharging responsibilities under this
section.
(2) PRIVATE
SECTOR
ANALYSTS.—Analysts
under this subsection may include analysts from the
private sector.
(3) SECURITY
CLEARANCES.—Analysts under
this subsection shall possess security clearances ap-
propriate for their work under this section.
(f) DETAIL OF PERSONNEL.—
(1) IN GENERAL.—In order to assist the Direc-
torate in discharging responsibilities under this sec-
tion, personnel of the agencies referred to in para-
graph (2) may be detailed to the Department for the
performance of analytic functions and related duties.
(2) COVERED
AGENCIES.—The agencies re-
ferred to in this paragraph are as follows:
(A) The Department of State.
(B) The Central Intelligence Agency.
(C) The Federal Bureau of Investigation.
(D) The National Security Agency.
(E) The National Imagery and Mapping
Agency.
(F) The Defense Intelligence Agency.
(G) Any other agency of the Federal Gov-
ernment that the President considers appro-
priate.
(3) COOPERATIVE
AGREEMENTS.—The Sec-
retary and the head of the agency concerned may
enter into cooperative agreements for the purpose of
detailing personnel under this subsection.
(4) BASIS.—The detail of personnel under this
subsection may be on a reimbursable or non-reim-
bursable basis.
(g) FUNCTIONS TRANSFERRED.—In accordance with
title XV, there shall be transferred to the Secretary, for
assignment to the Under Secretary for Information Anal-
ysis and Infrastructure Protection under this section, the
functions, personnel, assets, and liabilities of the following:
(1) The National Infrastructure Protection
Center of the Federal Bureau of Investigation (other
than the Computer Investigations and Operations
Section), including the functions of the Attorney
General relating 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 Of-
fice of the Department of Commerce, including the
functions of the Secretary of Commerce relating
thereto.
(4) The National Infrastructure Simulation and
Analysis Center of the Department of Energy and
the energy security and assurance program and ac-
tivities of the Department, including 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 Gen-
eral Services relating thereto.
(h) INCLUSION OF CERTAIN ELEMENTS OF THE DE-
PARTMENT AS ELEMENTS OF THE INTELLIGENCE COM-
MUNITY.—Section 3(4) of the National Security Act of
1947 (50 U.S.C. 401(a)) 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 elements of the Department of
Homeland Security concerned with the analyses
of foreign intelligence information; and’’.
SEC. 202. ACCESS TO INFORMATION.
(a) IN GENERAL.—
(1) THREAT
AND
VULNERABILITY
INFORMA-
TION.—Except as otherwise directed by the Presi-
dent, the Secretary shall have such access as the
Secretary considers necessary to all information, in-
cluding 
reports, 
assessments, 
analyses, 
and
unevaluated intelligence relating to threats of ter-
rorism against the United States and to other areas
of responsibility assigned by the Secretary, 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 prepared by any
agency of the Federal Government.
(2) OTHER INFORMATION.—The Secretary shall
also have access to other information relating to
matters under the responsibility of the Secretary
that may be collected, possessed, or prepared by an
agency of the Federal Government as the President
may further provide.
(b) MANNER OF ACCESS.—Except as otherwise di-
rected by the President, with respect to information to
which the Secretary has access pursuant to this section—
(1) the Secretary may obtain such material
upon request, and may enter into cooperative ar-
rangements with other executive agencies to provide
such material or provide Department officials with
access to it on a regular or routine basis, including
requests or arrangements involving broad categories
of material, access to electronic databases, or both;
and
(2) regardless of whether the Secretary has
made any request or entered into any cooperative ar-
rangement pursuant to paragraph (1), all agencies
of the Federal Government shall promptly provide to
the Secretary—
(A) all reports (including information re-
ports containing intelligence which has not been
fully evaluated), assessments, and analytical in-
formation relating to threats of terrorism
against the United States and to other areas of
responsibility assigned by the Secretary;
(B) all information concerning the vulner-
ability of the infrastructure of the United
States, or other vulnerabilities of the United
States, to terrorism, whether or not such infor-
mation has been analyzed;
(C) all other information relating to sig-
nificant and credible threats of terrorism
against the United States, whether or not such
information has been analyzed; and
(D) such other information or material as
the President may direct.
(c) TREATMENT UNDER CERTAIN LAWS.—The Sec-
retary shall be deemed to be a Federal law enforcement,
intelligence, protective, national defense, immigration, or
national security official, and shall be provided with all
information from law enforcement agencies that is re-
quired to be given to the Director of Central Intelligence,
under any provision of the following:
(1) The USA PATRIOT Act of 2001 (Public
Law 107–56).
(2) Section 2517(6) of title 18, United States
Code.
(3) Rule 6(e)(3)(C) of the Federal Rules of
Criminal Procedure.
(d) ACCESS TO INTELLIGENCE AND OTHER INFOR-
MATION.—
(1) ACCESS BY ELEMENTS OF FEDERAL GOV-
ERNMENT.—Nothing in this title shall preclude any
element of the intelligence community (as that term
is defined in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)), or other any ele-
ment of the Federal Government with responsibility
for analyzing terrorist threat information, from re-
ceiving any intelligence or other information relating
to terrorism.
(2) SHARING
OF
INFORMATION.—The Sec-
retary, in consultation with the Director of Central
Intelligence, shall work to ensure that intelligence or
other information relating to terrorism to which the
Department has access is appropriately shared with
the elements of the Federal Government referred to
in paragraph (1), as well as with State and local
governments, as appropriate.
Subtitle B—Critical Infrastructure
Information
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ‘‘Critical Infrastruc-
ture Information Act of 2002’’.
SEC. 212. DEFINITIONS.
In this subtitle:
(1) AGENCY.—The term ‘‘agency’’ has the
meaning 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
INFORMA-
TION.—The term ‘‘critical infrastructure informa-
tion’’ means information not customarily in the pub-
lic domain and related to the security of critical in-
frastructure 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
attack or other similar conduct (including the
misuse of or unauthorized access to all types of
communications 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 infrastruc-
ture or protected system to resist such inter-
ference, compromise, or incapacitation, includ-
ing any planned or past assessment, projection,
or estimate of the vulnerability of critical infra-
structure or a protected system, including secu-
rity testing, risk evaluation thereto, risk man-
agement 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
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 OR-
GANIZATION.—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
interference, compromise, or a incapacitation
problem related to critical infrastructure or pro-
tected systems; and
(C) voluntarily disseminating critical infra-
structure information to its members, State,
local, and Federal Governments, or any other
entities 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
directly or indirectly affects the viability of a fa-
cility 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,
software program, processing instructions, or
information or data in transmission or storage
therein, irrespective of the medium of trans-
mission or storage.
(7) VOLUNTARY.—
(A) IN GENERAL.—The term ‘‘voluntary’’,
in the case of any submittal of critical infra-
structure information to a covered Federal
agency, means the submittal thereof in the ab-
sence of such agency’s exercise of legal author-
ity to compel access to or submission of such
information and may be accomplished by a sin-
gle entity or an Information Sharing and Anal-
ysis Organization on behalf of itself or its mem-
bers.
(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 Ex-
change 
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 Se-
curities 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
the solicitation of an offer or a sale of
securities; and
(ii) does not include information or
statements submitted or relied upon as a
monly referred to as the Freedom of Informa-
tion Act);
(B) shall not be subject to any agency
rules or judicial doctrine regarding ex parte
communications with a decision making official;
(C) shall not, without the written consent
of the person or entity submitting such infor-
mation, 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 sub-
mitted in good faith;
(D) shall not, without the written consent
of the person or entity submitting such infor-
mation, be used or disclosed by any officer or
employee 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—
(I) to either House of Congress,
or to the extent of matter within its
jurisdiction, any committee or sub-
committee thereof, any joint com-
mittee 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 pur-
pose of protecting critical infrastructure or
protected systems, or in furtherance of an
investigation or the prosecution of a crimi-
nal 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
respect 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 pro-
tection 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 rea-
sonable period following the oral communica-
tion.
(b) LIMITATION.—No communication of critical in-
frastructure 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 Advi-
sory Committee Act (5 U.S.C. App. 2).
(c) INDEPENDENTLY OBTAINED INFORMATION.—
Nothing in this section shall be construed to limit or other-
wise affect the ability of a State, local, or Federal Govern-
ment entity, agency, or authority, or any third party,
under applicable law, to obtain critical infrastructure in-
formation in a manner not covered by subsection (a), in-
cluding any information lawfully and properly disclosed
generally or broadly to the public and to use such informa-
tion 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 disclo-
sure by this subtitle shall not be construed to constitute
compliance with any requirement to submit such informa-
tion to a Federal agency under any other provision of law.
(e) PROCEDURES.—
(1) IN GENERAL.—The Secretary of the De-
partment of Homeland Security shall, in consulta-
tion with appropriate representatives of the National
Security Council and the Office of Science and Tech-
nology Policy, establish uniform procedures for the
receipt, care, and storage by Federal agencies of
critical infrastructure information that is voluntarily
submitted to the Government. The procedures shall
be established 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
Federal agencies of critical infrastructure infor-
mation that is voluntarily submitted to the Gov-
ernment;
(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
manner as to protect from public disclosure the
identity of the submitting person or entity, or
information that is proprietary, business sen-
sitive, relates specifically to the submitting per-
son or entity, and is otherwise not appropriately
in the public domain.
(f) PENALTIES.—Whoever, being an officer or em-
ployee of the United States or of any department or agen-
cy thereof, knowingly publishes, divulges, discloses, or
makes known in any manner or to any extent not author-
ized by law, any critical infrastructure information pro-
tected from disclosure by this subtitle coming to him in
the course of this employment or official duties or by rea-
son of any examination or investigation made by, or re-
turn, report, or record made to or filed with, such depart-
ment or agency or officer or employee thereof, shall be
fined under title 18 of the United States Code, imprisoned
not more than 1 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 govern-
mental 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
(2) information that is proprietary, business
sensitive, relates specifically to the submitting per-
son 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
security, including with any Information Sharing and
Analysis 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. 215. 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 C—Information Security
SEC. 221. PROCEDURES FOR SHARING INFORMATION.
The Secretary shall establish procedures on the use
of information shared under this title that—
(1) limit the redissemination of such informa-
tion to ensure that it is not used for an unauthor-
ized purpose;
(2) ensure the security and confidentiality of
such information;
(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. 222. PRIVACY OFFICER.
The Secretary shall appoint a senior official in the
Department to assume primary responsibility for privacy
policy, including—
(1) assuring that the use of technologies sus-
tain, and do not erode, privacy protections relating
to the use, collection, and disclosure of personal in-
formation;
(2) assuring that personal information con-
tained in Privacy Act systems of records is handled
in full compliance with fair information practices as
set out in the Privacy Act of 1974;
(3) evaluating legislative and regulatory pro-
posals involving collection, use, and disclosure of
personal information by the Federal Government;
(4) conducting a privacy impact assessment of
proposed rules of the Department or that of the De-
partment on the privacy of personal information, in-
cluding the type of personal information collected
and the number of people affected; and
(5) preparing a report to Congress on an an-
nual basis on activities of the Department that af-
fect privacy, including complaints of privacy viola-
tions, implementation of the Privacy Act of 1974, in-
ternal controls, and other matters.
SEC. 
223. 
ENHANCEMENT 
OF 
NON-FEDERAL
CYBERSECURITY.
In carrying out the responsibilities under section 201,
the Under Secretary for Information Analysis and Infra-
structure Protection shall—
(1) as appropriate, provide to State and local
government entities, and upon request to private en-
tities that own or operate critical information
systems—
(A) analysis and warnings related to
threats to, and vulnerabilities of, critical infor-
mation systems; and
(B) in coordination with the Under Sec-
retary for Emergency Preparedness and Re-
sponse, crisis management support in response
to threats to, or attacks on, critical information
systems; and
(2) as appropriate, provide technical assistance,
upon request, to the private sector and other govern-
ment entities, in coordination with the Under Sec-
retary for Emergency Preparedness and Response,
with respect to emergency recovery plans to respond
to major failures of critical information systems.
SEC. 224. NET GUARD.
The Under Secretary for Information Analysis and
Infrastructure Protection may establish a national tech-
nology guard, to be known as ‘‘NET Guard’’, comprised
of local teams of volunteers with expertise in relevant
areas of science and technology, to assist local commu-
nities to respond and recover from attacks on information
systems and communications networks.
SEC. 225. CYBER SECURITY ENHANCEMENT ACT OF 2002.
(a) SHORT TITLE.—This section may be cited as the
‘‘Cyber Security Enhancement Act of 2002’’.
(b) AMENDMENT OF SENTENCING GUIDELINES RE-
LATING TO CERTAIN COMPUTER CRIMES.—
(1) DIRECTIVE TO THE UNITED STATES SEN-
TENCING
COMMISSION.—Pursuant to its authority
under section 994(p) of title 28, United States Code,
and in accordance with this subsection, the United
States Sentencing Commission shall review and, if
appropriate, amend its guidelines and its policy
statements applicable to persons convicted of an of-
fense under section 1030 of title 18, United States
Code.
(2) REQUIREMENTS.—In carrying out this sub-
section, the Sentencing Commission shall—
(A) ensure that the sentencing guidelines
and policy statements reflect the serious nature
of the offenses described in paragraph (1), the
growing incidence of such offenses, and the
need for an effective deterrent and appropriate
punishment to prevent such offenses;
(B) consider the following factors and the
extent to which the guidelines may or may not
account for them—
(i) the potential and actual loss result-
ing from the offense;
(ii) the level of sophistication and
planning involved in the offense;
(iii) whether the offense was com-
mitted for purposes of commercial advan-
tage or private financial benefit;
(iv) whether the defendant acted with
malicious intent to cause harm in commit-
ting the offense;
(v) the extent to which the offense
violated the privacy rights of individuals
harmed;
(vi) whether the offense involved a
computer used by the government in fur-
therance of national defense, national secu-
rity, or the administration of justice;
(vii) whether the violation was in-
tended to or had the effect of significantly
interfering with or disrupting a critical in-
frastructure; and
(viii) whether the violation was in-
tended to or had the effect of creating a
threat to public health or safety, or injury
to any person;
(C) assure reasonable consistency with
other relevant directives and with other sen-
tencing guidelines;
(D) account for any additional aggravating
or mitigating circumstances that might justify
exceptions to the generally applicable sentencing
ranges;
(E) 
make 
any 
necessary 
conforming
changes to the sentencing guidelines; and
(F) assure that the guidelines adequately
meet the purposes of sentencing as set forth in
section 3553(a)(2) of title 18, United States
Code.
(c) STUDY AND REPORT ON COMPUTER CRIMES.—
Not later than May 1, 2003, the United States Sentencing
Commission shall submit a brief report to Congress that
explains any actions taken by the Sentencing Commission
in response to this section and includes any recommenda-
tions the Commission may have regarding statutory pen-
alties for offenses under section 1030 of title 18, United
States Code.
(d) EMERGENCY DISCLOSURE EXCEPTION.—
(1) IN GENERAL.—Section 2702(b) of title 18,
United States Code, is amended—
(A) in paragraph (5), by striking ‘‘or’’ at
the end;
(B) in paragraph (6)(A), by inserting ‘‘or’’
at the end;
(C) by striking paragraph (6)(C); and
(D) by adding at the end the following:
‘‘(7) to a Federal, State, or local governmental
entity, if the provider, in good faith, believes that an
emergency involving danger of death or serious phys-
ical injury to any person requires disclosure without
delay of communications relating to the emer-
gency.’’.
(2) REPORTING OF DISCLOSURES.—A govern-
ment entity that receives a disclosure under section
2702(b) of title 18, United States Code, shall file,
not later than 90 days after such disclosure, a report
to the Attorney General stating the paragraph of
that section under which the disclosure was made,
the date of the disclosure, the entity to which the
disclosure was made, the number of customers or
subscribers to whom the information disclosed per-
tained, and the number of communications, if any,
that were disclosed. The Attorney General shall pub-
lish all such reports into a single report to be sub-
mitted to Congress 1 year after the date of enact-
ment of this Act.
(e) GOOD FAITH EXCEPTION.—Section 2520(d)(3) of
title 18, United States Code, is amended by inserting ‘‘or
2511(2)(i)’’ after ‘‘2511(3)’’.
(f) INTERNET ADVERTISING OF ILLEGAL DEVICES.—
Section 2512(1)(c) of title 18, United States Code, is
amended—
(1) by inserting ‘‘or disseminates by electronic
means’’ after ‘‘or other publication’’; and
(2) by inserting ‘‘knowing the content of the
advertisement and’’ before ‘‘knowing or having rea-
son to know’’.
(g) STRENGTHENING PENALTIES.—Section 1030(c)
of title 18, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) in each of subparagraphs (A) and (C) of
paragraph (4), by inserting ‘‘except as provided in
paragraph (5),’’ before ‘‘a fine under this title’’;
(3) in paragraph (4)(C), by striking the period
at the end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(5)(A) if the offender knowingly or recklessly
causes or attempts to cause serious bodily injury
from conduct in violation of subsection (a)(5)(A)(i),
a fine under this title or imprisonment for not more
than 20 years, or both; and
‘‘(B) if the offender knowingly or recklessly
causes or attempts to cause death from conduct in
violation of subsection (a)(5)(A)(i), a fine under this
title or imprisonment for any term of years or for
life, or both.’’.
(h) PROVIDER ASSISTANCE.—
(1) SECTION 2703.—Section 2703(e) of title 18,
United States Code, is amended by inserting ‘‘, stat-
utory authorization’’ after ‘‘subpoena’’.
(2) SECTION
2511.—Section 2511(2)(a)(ii) of
title 18, United States Code, is amended by insert-
ing ‘‘, statutory authorization,’’ after ‘‘court order’’
the last place it appears.
(i) EMERGENCIES.—Section 3125(a)(1) of title 18,
United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at
the end;
(2) in subparagraph (B), by striking the comma
at the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(C) an immediate threat to a national se-
curity interest; or
‘‘(D) an ongoing attack on a protected
computer (as defined in section 1030) that con-
stitutes a crime punishable by a term of impris-
onment greater than one year;’’.
(j) PROTECTING PRIVACY.—
(1) SECTION 2511.—Section 2511(4) of title 18,
United States Code, is amended—
(A) by striking paragraph (b); and
(B) by redesignating paragraph (c) as
paragraph (b).
(2) SECTION 2701.—Section 2701(b) of title 18,
United States Code, is amended—
(A) in paragraph (1), by inserting ‘‘, or in
furtherance of any criminal or tortious act in
violation of the Constitution or laws of the
United States or any State’’ after ‘‘commercial
gain’’;
(B) in paragraph (1)(A), by striking ‘‘one
year’’ and inserting ‘‘5 years’’;
(C) in paragraph (1)(B), by striking ‘‘two
years’’ and inserting ‘‘10 years’’; and
(D) by striking paragraph (2) and insert-
ing the following:
‘‘(2) in any other case—
‘‘(A) a fine under this title or imprison-
ment for not more than 1 year or both, in the
case of a first offense under this paragraph;
and
‘‘(B) a fine under this title or imprison-
ment for not more than 5 years, or both, in the
case of an offense under this subparagraph that
occurs after a conviction of another offense
under this section.’’.
Subtitle D—Office of Science and
Technology
SEC. 231. ESTABLISHMENT OF OFFICE; DIRECTOR.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is hereby established
within the Department of Justice an Office of
Science and Technology (hereinafter in this title re-
ferred to as the ‘‘Office’’).
(2) AUTHORITY.—The Office shall be under the
general authority of the Assistant Attorney General,
Office of Justice Programs, and shall be established
within the National Institute of Justice.
(b) DIRECTOR.—The Office shall be headed by a Di-
rector, who shall be an individual appointed based on ap-
proval by the Office of Personnel Management of the exec-
utive qualifications of the individual.
SEC. 232. MISSION OF OFFICE; DUTIES.
(a) MISSION.—The mission of the Office shall be—
(1) to serve as the national focal point for work
on law enforcement technology; and
(2) to carry out programs that, through the
provision of equipment, training, and technical as-
sistance, improve the safety and effectiveness of law
enforcement technology and improve access to such
technology by Federal, State, and local law enforce-
ment agencies.
(b) DUTIES.—In carrying out its mission, the Office
shall have the following duties:
(1) To provide recommendations and advice to
the Attorney General.
(2) To establish and maintain advisory groups
(which shall be exempt from the provisions of the
Federal Advisory Committee Act (5 U.S.C. App.)) to
assess the law enforcement technology needs of Fed-
eral, State, and local law enforcement agencies.
(3) To establish and maintain performance
standards in accordance with the National Tech-
nology Transfer and Advancement Act of 1995
(Public Law 104–113) for, and test and evaluate
law enforcement technologies that may be used by,
Federal, State, and local law enforcement agencies.
(4) To establish and maintain a program to
certify, validate, and mark or otherwise recognize
law enforcement technology products that conform
to standards established and maintained by the Of-
fice in accordance with the National Technology
Transfer and Advancement Act of 1995 (Public Law
104–113). The program may, at the discretion of
the Office, allow for supplier’s declaration of con-
formity with such standards.
(5) To work with other entities within the De-
partment of Justice, other Federal agencies, and the
executive office of the President to establish a co-
ordinated Federal approach on issues related to law
enforcement technology.
(6) To carry out research, development, testing,
evaluation, and cost-benefit analyses in fields that
would improve the safety, effectiveness, and effi-
ciency of law enforcement technologies used by Fed-
eral, State, and local law enforcement agencies, in-
cluding, but not limited to—
(A) weapons capable of preventing use by
unauthorized persons, including personalized
guns;
(B) protective apparel;
(C) bullet-resistant and explosion-resistant
glass;
(D) monitoring systems and alarm systems
capable of providing precise location informa-
tion;
(E) wire and wireless interoperable com-
munication technologies;
(F) tools and techniques that facilitate in-
vestigative and forensic work, including com-
puter forensics;
(G) equipment for particular use in
counterterrorism, including devices and tech-
nologies to disable terrorist devices;
(H) guides to assist State and local law en-
forcement agencies;
(I) DNA identification technologies; and
(J) tools and techniques that facilitate in-
vestigations of computer crime.
(7) To administer a program of research, devel-
opment, testing, and demonstration to improve the
interoperability of voice and data public safety com-
munications.
(8) To serve on the Technical Support Working
Group of the Department of Defense, and on other
relevant interagency panels, as requested.
(9) To develop, and disseminate to State and
local law enforcement agencies, technical assistance
and training materials for law enforcement per-
sonnel, including prosecutors.
(10) To operate the regional National Law En-
forcement and Corrections Technology Centers and,
to the extent necessary, establish additional centers
through a competitive process.
(11) To administer a program of acquisition,
research, development, and dissemination of ad-
vanced investigative analysis and forensic tools to as-
sist State and local law enforcement agencies in
combating cybercrime.
(12) To support research fellowships in support
of its mission.
(13) To serve as a clearinghouse for informa-
tion on law enforcement technologies.
(14) To represent the United States and State
and local law enforcement agencies, as requested, in
international activities concerning law enforcement
technology.
(15) To enter into contracts and cooperative
agreements and provide grants, which may require
in-kind or cash matches from the recipient, as nec-
essary to carry out its mission.
(16) To carry out other duties assigned by the
Attorney General to accomplish the mission of the
Office.
(c) COMPETITION REQUIRED.—Except as otherwise
expressly provided by law, all research and development
carried out by or through the Office shall be carried out
on a competitive basis.
(d) INFORMATION FROM FEDERAL AGENCIES.—Fed-
eral agencies shall, upon request from the Office and in
accordance with Federal law, provide the Office with any
data, reports, or other information requested, unless com-
pliance with such request is otherwise prohibited by law.
(e) PUBLICATIONS.—Decisions concerning publica-
tions issued by the Office shall rest solely with the Direc-
tor of the Office.
(f) TRANSFER OF FUNDS.—The Office may transfer
funds to other Federal agencies or provide funding to non-
Federal entities through grants, cooperative agreements,
or contracts to carry out its duties under this section.
(g) ANNUAL REPORT.—The Director of the Office
shall include with the budget justification materials sub-
mitted to Congress in support of the Department of Jus-
tice budget for each fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code) a report on the activities of the Of-
fice. Each such report shall include the following:
(1) For the period of 5 fiscal years beginning
with the fiscal year for which the budget is
submitted—
(A) the Director’s assessment of the needs
of Federal, State, and local law enforcement
agencies for assistance with respect to law en-
forcement technology and other matters con-
sistent with the mission of the Office; and
(B) a strategic plan for meeting such
needs of such law enforcement agencies.
(2) For the fiscal year preceding the fiscal year
for which such budget is submitted, a description of
the activities carried out by the Office and an eval-
uation of the extent to which those activities success-
fully meet the needs assessed under paragraph
(1)(A) in previous reports.
SEC. 233. DEFINITION OF LAW ENFORCEMENT TECH-
NOLOGY.
For the purposes of this title, the term ‘‘law enforce-
ment technology’’ includes investigative and forensic tech-
nologies, corrections technologies, and technologies that
support the judicial process.
SEC. 234. ABOLISHMENT OF OFFICE OF SCIENCE AND
TECHNOLOGY OF NATIONAL INSTITUTE OF
JUSTICE; TRANSFER OF FUNCTIONS.
(a) AUTHORITY TO TRANSFER FUNCTIONS.—The
Attorney General may transfer to the Office any other pro-
gram or activity of the Department of Justice that the
Attorney General, in consultation with the Committee on
the Judiciary of the Senate and the Committee on the Ju-
diciary of the House of Representatives, determines to be
consistent with the mission of the Office.
(b) TRANSFER OF PERSONNEL AND ASSETS.—With
respect to any function, power, or duty, or any program
or activity, that is established in the Office, those employ-
ees and assets of the element of the Department of Justice
from which the transfer is made that the Attorney General
determines are needed to perform that function, power,
or duty, or for that program or activity, as the case may
be, shall be transferred to the Office.
(c) REPORT ON IMPLEMENTATION.—Not later than
1 year after the date of the enactment of this Act, the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judici-
ary of the House of Representatives a report on the imple-
mentation of this title. The report shall—
(1) provide an accounting of the amounts and
sources of funding available to the Office to carry
out its mission under existing authorizations and ap-
propriations, and set forth the future funding needs
of the Office; and
(2) include such other information and rec-
ommendations as the Attorney General considers ap-
propriate.
SEC. 235. NATIONAL LAW ENFORCEMENT AND CORREC-
TIONS TECHNOLOGY CENTERS.
(a) IN GENERAL.—The Director of the Office shall
operate and support National Law Enforcement and Cor-
rections Technology Centers (hereinafter in this section
referred to as ‘‘Centers’’) and, to the extent necessary, es-
tablish new centers through a merit-based, competitive
process.
(b) PURPOSE
OF CENTERS.—The purpose of the
Centers shall be to—
(1) support research and development of law
enforcement technology;
(2) support the transfer and implementation of
technology;
(3) assist in the development and dissemination
of guidelines and technological standards; and
(4) provide technology assistance, information,
and support for law enforcement, corrections, and
criminal justice purposes.
(c) ANNUAL MEETING.—Each year, the Director
shall convene a meeting of the Centers in order to foster
collaboration and communication between Center partici-
pants.
(d) REPORT.—Not later than 12 months after the
date of the enactment of this Act, the Director shall trans-
mit to the Congress a report assessing the effectiveness
of the existing system of Centers and identify the number
of Centers necessary to meet the technology needs of Fed-
eral, State, and local law enforcement in the United
States.
SEC. 236. COORDINATION WITH OTHER ENTITIES WITHIN
DEPARTMENT OF JUSTICE.
Section 102 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3712) is amended in sub-
section (a)(5) by inserting ‘‘coordinate and’’ before ‘‘pro-
vide’’.
SEC. 237. AMENDMENTS RELATING TO NATIONAL INSTI-
TUTE OF JUSTICE.
Section 202(c) of the Omnibus Crime Control and
Safety Streets Act of 1968 (42 U.S.C. 3722(c)) is
amended—
(1) in paragraph (3) by inserting ‘‘, including
cost effectiveness where practical,’’ before ‘‘of
projects’’; and
(2) by striking ‘‘and’’ after the semicolon at the
end of paragraph (8), striking the period at the end
of paragraph (9) and inserting ‘‘; and’’, and by add-
ing at the end the following:
‘‘(10) research and development of tools and
technologies relating to prevention, detection, inves-
tigation, and prosecution of crime; and
‘‘(11) support research, development, testing,
training, and evaluation of tools and technology for
Federal, State, and local law enforcement agencies.’’.
TITLE III—SCIENCE AND TECH-
NOLOGY 
IN 
SUPPORT 
OF
HOMELAND SECURITY
SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECH-
NOLOGY.
There shall be in the Department a Directorate of
Science and Technology headed by an Under Secretary for
Science and Technology.
SEC. 302. RESPONSIBILITIES AND AUTHORITIES OF THE
UNDER SECRETARY FOR SCIENCE AND TECH-
NOLOGY.
The Secretary, acting through the Under Secretary
for Science and Technology, shall have the responsibility
for—
(1) advising the Secretary regarding research
and development efforts and priorities in support of
the Department’s missions;
(2) developing, in consultation with other ap-
propriate executive agencies, a national policy and
strategic plan for, identifying priorities, goals, objec-
tives and policies for, and coordinating the Federal
Government’s civilian efforts to identify and develop
countermeasures to chemical, biological, radiological,
nuclear, and other emerging terrorist threats, includ-
ing the development of comprehensive, research-
based definable goals for such efforts and develop-
ment of annual measurable objectives and specific
targets to accomplish and evaluate the goals for
such efforts;
(3) supporting the Under Secretary for Infor-
mation Analysis and Infrastructure Protection, by
assessing 
and 
testing 
homeland 
security
vulnerabilities and possible threats;
(4) conducting basic and applied research, de-
velopment, demonstration, testing, and evaluation
activities that are relevant to any or all elements of
the Department, through both intramural and extra-
mural programs, except that such responsibility does
not extend to human health-related research and de-
velopment activities;
(5) establishing priorities for, directing, fund-
ing, and conducting national research, development,
test and evaluation, and procurement of technology
and systems for—
(A) preventing the importation of chemical,
biological, radiological, nuclear, and related
weapons and material; and
(B) 
detecting, 
preventing, 
protecting
against, and responding to terrorist attacks;
(6) establishing a system for transferring home-
land security developments or technologies to fed-
eral, state, local government, and private sector enti-
ties;
(7) entering into work agreements, joint spon-
sorships, contracts, or any other agreements with
the Department of Energy regarding the use of the
national laboratories or sites and support of the
science and technology base at those facilities;
(8) collaborating with the Secretary of Agri-
culture and the Attorney General as provided in sec-
tion 212 of the Agricultural Bioterrorism Protection
Act of 2002 (7 U.S.C. 8401), as amended by section
1709(b);
(9) collaborating with the Secretary of Health
and Human Services and the Attorney General in
determining any new biological agents and toxins
that shall be listed as ‘‘select agents’’ in Appendix
A of part 72 of title 42, Code of Federal Regula-
tions, pursuant to section 351A of the Public Health
Service Act (42 U.S.C. 262a);
(10) supporting United States leadership in
science and technology;
(11) establishing and administering the primary
research and development activities of the Depart-
ment, including the long-term research and develop-
ment needs and capabilities for all elements of the
Department;
(12) coordinating and integrating all research,
development, demonstration, testing, and evaluation
activities of the Department;
(13) 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; and
(14) developing and overseeing the administra-
tion of guidelines for merit review of research and
development projects throughout the Department,
and for the dissemination of research conducted or
sponsored by the Department.
SEC. 303. FUNCTIONS TRANSFERRED.
In accordance with title XV, there shall be trans-
ferred to the Secretary the functions, personnel, assets,
and liabilities of the following entities:
(1) The following programs and activities of the
Department of Energy, including the functions of
the Secretary of Energy relating thereto (but not in-
cluding programs and activities relating to the stra-
tegic nuclear defense posture of the United States):
(A) The chemical and biological national
security and supporting programs and activities
of the nonproliferation and verification research
and development program.
(B) The nuclear smuggling programs and
activities within the proliferation detection pro-
gram of the nonproliferation and verification re-
search and development program. The pro-
grams and activities described in this subpara-
graph may be designated by the President ei-
ther for transfer to the Department or for joint
operation by the Secretary and the Secretary of
Energy.
(C) The nuclear assessment program and
activities of the assessment, detection, and co-
operation program of the international mate-
rials protection and cooperation program.
(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.
(E) The Environmental Measurements
Laboratory.
(F) The advanced scientific computing re-
search program and activities at Lawrence
Livermore National Laboratory.
(2) The National Bio-Weapons Defense Anal-
ysis Center of the Department of Defense, including
the functions of the Secretary of Defense related
thereto.
(3) The Plum Island Animal Disease Center of
the Department of Agriculture, as provided in sec-
tion 310.
SEC. 304. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED
ACTIVITIES.
(a) IN GENERAL.—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 (in-
cluding the Public Health Service), the Secretary of
Health and Human Services shall set priorities, goals, ob-
jectives, and policies and develop a coordinated strategy
for such activities in collaboration with the Secretary of
Homeland Security to ensure consistency with the national
policy and strategic plan developed pursuant to section
302(2).
(b) EVALUATION OF PROGRESS.—In carrying out
subsection (a), the Secretary of Health and Human Serv-
ices shall collaborate with the Secretary in developing spe-
cific benchmarks and outcome measurements for evalu-
ating progress toward achieving the priorities and goals
described in such subsection.
(c) 
ADMINISTRATION
OF
COUNTERMEASURES
AGAINST SMALLPOX.—Section 224 of the Public Health
Service Act (42 U.S.C. 233) is amended by adding the
following:
‘‘(p) ADMINISTRATION
OF SMALLPOX COUNTER-
MEASURES BY HEALTH PROFESSIONALS.—
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, and subject to other provisions of this sub-
section, a covered person shall be deemed to be an
employee of the Public Health Service with respect
to liability arising out of administration of a covered
countermeasure against smallpox to an individual
during the effective period of a declaration by the
Secretary under paragraph (2)(A).
‘‘(2) 
DECLARATION
BY
SECRETARY
CON-
CERNING COUNTERMEASURE AGAINST SMALLPOX.—
‘‘(A) AUTHORITY
TO
ISSUE
DECLARA-
TION.—
‘‘(i) IN
GENERAL.—The Secretary
may issue a declaration, pursuant to this
paragraph, concluding that an actual or
potential bioterrorist incident or other ac-
tual or potential public health emergency
makes advisable the administration of a
covered countermeasure to a category or
categories of individuals.
‘‘(ii) COVERED COUNTERMEASURE.—
The Secretary shall specify in such dec-
laration the substance or substances that
shall 
be 
considered 
covered 
counter-
measures (as defined in paragraph (8)(A))
for purposes of administration to individ-
uals during the effective period of the dec-
laration.
‘‘(iii) EFFECTIVE PERIOD.—The Sec-
retary shall specify in such declaration the
beginning and ending dates of the effective
period of the declaration, and may subse-
quently amend such declaration to shorten
or extend such effective period, provided
that the new closing date is after the date
when the declaration is amended.
‘‘(iv) PUBLICATION.—The Secretary
shall promptly publish each such declara-
tion and amendment in the Federal Reg-
ister.
‘‘(B) LIABILITY OF UNITED STATES ONLY
FOR ADMINISTRATIONS WITHIN SCOPE OF DEC-
LARATION.—Except as provided in paragraph
(5)(B)(ii), the United States shall be liable
under this subsection with respect to a claim
arising out of the administration of a covered
countermeasure to an individual only if—
‘‘(i) the countermeasure was adminis-
tered by a qualified person, for a purpose
stated in paragraph (7)(A)(i), and during
the effective period of a declaration by the
Secretary under subparagraph (A) with re-
spect to such countermeasure; and
‘‘(ii)(I) the individual was within a
category of individuals covered by the dec-
laration; or
‘‘(II) the qualified person admin-
istering the countermeasure had reasonable
grounds to believe that such individual was
within such category.
‘‘(C) PRESUMPTION
OF
ADMINISTRATION
WITHIN SCOPE OF DECLARATION IN CASE OF
ACCIDENTAL VACCINIA INOCULATION.—
‘‘(i) IN GENERAL.—If vaccinia vaccine
is a covered countermeasure specified in a
declaration under subparagraph (A), and
an individual to whom the vaccinia vaccine
is not administered contracts vaccinia,
then, under the circumstances specified in
clause (ii), the individual—
‘‘(I) shall be rebuttably presumed
to have contracted vaccinia from an
individual to whom such vaccine was
administered as provided by clauses
(i) and (ii) of subparagraph (B); and
‘‘(II) shall (unless such presump-
tion is rebutted) be deemed for pur-
poses of this subsection to be an indi-
vidual to whom a covered counter-
measure was administered by a quali-
fied person in accordance with the
terms of such declaration and as de-
scribed by subparagraph (B).
‘‘(ii) CIRCUMSTANCES IN WHICH PRE-
SUMPTION
APPLIES.—The 
presumption
and deeming stated in clause (i) shall
apply if—
‘‘(I) 
the 
individual 
contracts
vaccinia during the effective period of
a declaration under subparagraph (A)
or by the date 30 days after the close
of such period; or
‘‘(II) the individual resides or has
resided with an individual to whom
such vaccine was administered as pro-
vided by clauses (i) and (ii) of sub-
paragraph (B) and contracts vaccinia
after such date.
‘‘(3) EXCLUSIVITY OF REMEDY.—The remedy
provided by subsection (a) shall be exclusive of any
other civil action or proceeding for any claim or suit
this subsection encompasses.
‘‘(4) CERTIFICATION OF ACTION BY ATTORNEY
GENERAL.—Subsection (c) applies to actions under
this subsection, subject to the following provisions:
‘‘(A) NATURE
OF
CERTIFICATION.—The
certification by the Attorney General that is the
basis for deeming an action or proceeding to be
against the United States, and for removing an
action or proceeding from a State court, is a
certification that the action or proceeding is
against a covered person and is based upon a
claim alleging personal injury or death arising
out of the administration of a covered counter-
measure.
‘‘(B) CERTIFICATION OF ATTORNEY GEN-
ERAL
CONCLUSIVE.—The certification of the
Attorney General of the facts specified in sub-
paragraph (A) shall conclusively establish such
facts for purposes of jurisdiction pursuant to
this subsection.
‘‘(5) DEFENDANT TO COOPERATE WITH UNITED
STATES.—
‘‘(A) IN GENERAL.—A covered person shall
cooperate with the United States in the proc-
essing and defense of a claim or action under
this subsection based upon alleged acts or omis-
sions of such person.
‘‘(B) CONSEQUENCES OF FAILURE TO CO-
OPERATE.—Upon the motion of the United
States or any other party and upon finding that
such person has failed to so cooperate—
‘‘(i) the court shall substitute such
person as the party defendant in place of
the United States and, upon motion, shall
remand any such suit to the court in which
it was instituted if it appears that the
court lacks subject matter jurisdiction;
‘‘(ii) the United States shall not be
liable based on the acts or omissions of
such person; and
‘‘(iii) the Attorney General shall not
be obligated to defend such action.
‘‘(6) RECOURSE AGAINST COVERED PERSON IN
CASE OF GROSS MISCONDUCT OR CONTRACT VIOLA-
TION.—
‘‘(A) IN
GENERAL.—Should payment be
made by the United States to any claimant
bringing a claim under this subsection, either
by way of administrative determination, settle-
ment, or court judgment, the United States
shall have, notwithstanding any provision of
State law, the right to recover for that portion
of the damages so awarded or paid, as well as
interest and any costs of litigation, resulting
from the failure of any covered person to carry
out any obligation or responsibility assumed by
such person under a contract with the United
States or from any grossly negligent, reckless,
or illegal conduct or willful misconduct on the
part of such person.
‘‘(B) VENUE.—The United States may
maintain an action under this paragraph
against such person in the district court of the
United States in which such person resides or
has its principal place of business.
‘‘(7) DEFINITIONS.—As used in this subsection,
terms have the following meanings:
‘‘(A) COVERED
COUNTERMEASURE.—The
term ‘covered countermeasure’, or ‘covered
countermeasure against smallpox’, means a sub-
stance that is—
‘‘(i)(I) used to prevent or treat small-
pox (including the vaccinia or another vac-
cine); or
‘‘(II) vaccinia immune globulin used
to control or treat the adverse effects of
vaccinia inoculation; and
‘‘(ii) specified in a declaration under
paragraph (2).
‘‘(B) COVERED PERSON.—The term ‘cov-
ered person’, when used with respect to the ad-
ministration of a covered countermeasure, in-
cludes any person who is—
‘‘(i) a manufacturer or distributor of
such countermeasure;
‘‘(ii) a health care entity under whose
auspices such countermeasure was admin-
istered;
‘‘(iii) a qualified person who adminis-
tered such countermeasure; or
‘‘(iv) an official, agent, or employee of
a person described in clause (i), (ii), or
(iii).
‘‘(C) 
QUALIFIED
PERSON.—The 
term
‘qualified person’, when used with respect to the
administration of a covered countermeasure,
means a licensed health professional or other
individual who is authorized to administer such
countermeasure under the law of the State in
which the countermeasure was administered.’’.
SEC. 305. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTERS.
The Secretary, acting through the Under Secretary
for Science and Technology, shall have the authority to
establish or contract with 1 or more federally funded re-
search and development centers to provide independent
analysis of homeland security issues, or to carry out other
responsibilities under this Act, including coordinating and
integrating both the extramural and intramural programs
described in section 308.
SEC. 306. MISCELLANEOUS PROVISIONS.
(a) CLASSIFICATION.—To the greatest extent prac-
ticable, research conducted or supported by the Depart-
ment shall be unclassified.
(b) CONSTRUCTION.—Nothing in this title shall be
construed to preclude any Under Secretary of the Depart-
ment from carrying out research, development, demonstra-
tion, or deployment activities, as long as such activities
are coordinated through the Under Secretary for Science
and Technology.
(c) REGULATIONS.—The Secretary, acting through
the Under Secretary for Science and Technology, may
issue necessary regulations with respect to research, devel-
opment, demonstration, testing, and evaluation activities
of the Department, including the conducting, funding, and
reviewing of such activities.
(d) 
NOTIFICATION
OF
PRESIDENTIAL
LIFE
SCIENCES DESIGNATIONS.—Not later than 60 days before
effecting any transfer of Department of Energy life
sciences activities pursuant to section 303(1)(D) of this
Act, the President shall notify the appropriate congres-
sional committees of the proposed transfer and shall in-
clude the reasons for the transfer and a description of the
effect of the transfer on the activities of the Department
of Energy.
SEC. 307. HOMELAND SECURITY ADVANCED RESEARCH
PROJECTS AGENCY.
(a) DEFINITIONS.—In this section:
(1) FUND.—The term ‘‘Fund’’ means the Ac-
celeration Fund for Research and Development of
Homeland Security Technologies established in sub-
section (c).
(2) HOMELAND
SECURITY
RESEARCH.—The
term ‘‘homeland security research’’ means research
relevant to the detection of, prevention of, protection
against, response to, attribution of, and recovery
from homeland security threats, particularly acts of
terrorism.
(3) HSARPA.—The term ‘‘HSARPA’’ means the
Homeland Security Advanced Research Projects
Agency established in subsection (b).
(4) UNDER
SECRETARY.—The term ‘‘Under
Secretary’’ means the Under Secretary for Science
and Technology.
(b) HSARPA.—
(1) ESTABLISHMENT.—There is established the
Homeland Security Advanced Research Projects
Agency.
(2) DIRECTOR.—HSARPA shall be headed by a
Director, who shall be appointed by the Secretary.
The Director shall report to the Under Secretary.
(3) RESPONSIBILITIES.—The Director shall ad-
minister the Fund to award competitive, merit-re-
viewed grants, cooperative agreements or contracts
to public or private entities, including businesses,
federally funded research and development centers,
and universities. The Director shall administer the
Fund to—
(A) support basic and applied homeland
security research to promote revolutionary
changes in technologies that would promote
homeland security;
(B) advance the development, testing and
evaluation, and deployment of critical homeland
security technologies; and
(C) accelerate the prototyping and deploy-
ment of technologies that would address home-
land security vulnerabilities.
(4) TARGETED COMPETITIONS.—The Director
may 
solicit 
proposals 
to 
address 
specific
vulnerabilities identified by the Director.
(5) COORDINATION.—The Director shall ensure
that the activities of HSARPA are coordinated with
those of other relevant research agencies, and may
run projects jointly with other agencies.
(6) PERSONNEL.—In hiring personnel for
HSARPA, the Secretary shall have the hiring and
management authorities described in section 1101 of
the Strom Thurmond National Defense Authoriza-
tion Act for Fiscal Year 1999 (5 U.S.C. 3104 note;
Public Law 105–261). The term of appointments for
employees under subsection (c)(1) of that section
may not exceed 5 years before the granting of any
extension under subsection (c)(2) of that section.
(7) DEMONSTRATIONS.—The Director, periodi-
cally, shall hold homeland security technology dem-
onstrations to improve contact among technology de-
velopers, vendors and acquisition personnel.
(c) FUND.—
(1) ESTABLISHMENT.—There is established the
Acceleration Fund for Research and Development of
Homeland Security Technologies, which shall be ad-
ministered by the Director of HSARPA.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There 
are 
authorized 
to 
be 
appropriated
$500,000,000 to the Fund for fiscal year 2003 and
such sums as may be necessary thereafter.
(3) COAST GUARD.—Of the funds authorized to
be appropriated under paragraph (2), not less than
10 percent of such funds for each fiscal year
through fiscal year 2005 shall be authorized only for
the Under Secretary, through joint agreement with
the Commandant of the Coast Guard, to carry out
research and development of improved ports, water-
ways and coastal security surveillance and perimeter
protection capabilities for the purpose of minimizing
the possibility that Coast Guard cutters, aircraft,
helicopters, and personnel will be diverted from non-
homeland security missions to the ports, waterways
and coastal security mission.
SEC. 308. 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 302(4) through both
extramural and intramural programs.
(b) EXTRAMURAL PROGRAMS.—
(1) 
IN
GENERAL.—The 
Secretary, 
acting
through the Under Secretary for Science and Tech-
nology, shall operate extramural research, develop-
ment, demonstration, testing, and evaluation pro-
grams so as to—
(A) ensure that colleges, universities, pri-
vate research institutes, and companies (and
consortia thereof) from as many areas of the
United States as practicable participate;
(B) ensure that the research funded is of
high quality, as determined through merit re-
view processes developed under section 302(14);
and
(C) distribute funds through grants, coop-
erative agreements, and contracts.
(2) UNIVERSITY-BASED
CENTERS
FOR
HOME-
LAND SECURITY.—
(A) ESTABLISHMENT.—The Secretary, act-
ing through the Under Secretary 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 sys-
tem to enhance the Nation’s homeland security.
(B) CRITERIA FOR SELECTION.—In select-
ing colleges or universities as centers for home-
land security, the Secretary shall consider the
following criteria:
(i) Demonstrated expertise in the
training of first responders.
(ii) Demonstrated expertise in re-
sponding to incidents involving weapons of
mass destruction and biological warfare.
(iii) Demonstrated expertise in emer-
gency medical services.
(iv) Demonstrated expertise in chem-
ical, biological, 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 cen-
ters.
(viii) Demonstrated expertise in water
and wastewater operations.
(ix) Demonstrated expertise in port
and waterway security.
(x) Demonstrated expertise in multi-
modal transportation.
(xi) Nationally recognized programs in
information security.
(xii) Nationally recognized programs
in engineering.
(xiii) Demonstrated expertise in edu-
cational outreach and technical assistance.
(xiv) Demonstrated expertise in bor-
der transportation and security.
(xv) Demonstrated expertise in inter-
disciplinary public policy research and
communication outreach regarding science,
technology, and public policy.
(C) DISCRETION
OF
SECRETARY.—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 para-
graph as necessary.
(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated such sums as may be necessary to carry
out this paragraph.
(c) INTRAMURAL PROGRAMS.—
(1) CONSULTATION.—In carrying out the duties
under section 302, the Secretary, acting through the
Under Secretary for Science and Technology, may
draw upon the expertise of any laboratory of the
Federal Government, whether operated by a con-
tractor or the Government.
(2) LABORATORIES.—The Secretary, acting
through the Under Secretary for Science and Tech-
nology, may establish a headquarters laboratory for
the Department at any laboratory or site and may
establish additional laboratory units at other labora-
tories or sites.
(3) CRITERIA
FOR
HEADQUARTERS
LABORA-
TORY.—If the Secretary chooses to establish a head-
quarters laboratory pursuant to paragraph (2), then
the Secretary shall do the following:
(A) Establish criteria for the selection of
the headquarters laboratory in consultation
with the National Academy of Sciences, appro-
priate Federal agencies, and other experts.
(B) Publish the criteria in the Federal
Register.
(C) Evaluate all appropriate laboratories
or sites against the criteria.
(D) Select a laboratory or site on the basis
of the criteria.
(E) Report to the appropriate congres-
sional committees on which laboratory was se-
lected, how the selected laboratory meets the
published criteria, and what duties the head-
quarters laboratory shall perform.
(4) LIMITATION
ON
OPERATION
OF
LABORA-
TORIES.—No laboratory shall begin operating as the
headquarters laboratory of the Department until at
least 30 days after the transmittal of the report re-
quired by paragraph (3)(E).
SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NA-
TIONAL LABORATORIES AND SITES IN SUP-
PORT OF HOMELAND SECURITY ACTIVITIES.
(a) AUTHORITY
TO UTILIZE NATIONAL LABORA-
TORIES AND SITES.—
(1) IN GENERAL.—In carrying out the missions
of the Department, the Secretary may utilize the
Department of Energy national laboratories and
sites through any 1 or more of the following meth-
ods, as the Secretary considers appropriate:
(A) A joint sponsorship arrangement re-
ferred to in subsection (b).
(B) A direct contract between the Depart-
ment and the applicable Department of Energy
laboratory or site, subject to subsection (c).
(C) Any ‘‘work for others’’ basis made
available by that laboratory or site.
(D) Any other method provided by law.
(2) ACCEPTANCE AND PERFORMANCE BY LABS
AND SITES.—Notwithstanding any other law gov-
erning the administration, mission, use, or oper-
ations of any of the Department of Energy national
laboratories and sites, such laboratories and sites
are authorized to accept and perform work for the
Secretary, consistent with resources provided, and
perform such work on an equal basis to other mis-
sions at the laboratory and not on a noninterference
basis with other missions of such laboratory or site.
(b) JOINT SPONSORSHIP ARRANGEMENTS.—
(1) LABORATORIES.—The Department may be
a joint sponsor, under a multiple agency sponsorship
arrangement with the Department of Energy, of 1
or more Department of Energy national laboratories
in the performance of work.
(2) SITES.—The Department may be a joint
sponsor of a Department of Energy site in the per-
formance of work as if such site were a federally
funded research and development center and the
work were performed under a multiple agency spon-
sorship arrangement with the Department.
(3) PRIMARY
SPONSOR.—The Department of
Energy shall be the primary sponsor under a mul-
tiple agency sponsorship arrangement referred to in
paragraph (1) or (2).
(4) LEAD
AGENT.—The Secretary of Energy
shall act as the lead agent in coordinating the for-
mation and performance of a joint sponsorship ar-
rangement under this subsection between the De-
partment and a Department of Energy national lab-
oratory or site.
(5) FEDERAL ACQUISITION REGULATION.—Any
work performed by a Department of Energy national
laboratory or site under a joint sponsorship arrange-
ment under this subsection shall comply with the
policy on the use of federally funded research and
development centers under the Federal Acquisition
Regulations.
(6) FUNDING.—The Department shall provide
funds for work at the Department of Energy na-
tional laboratories or sites, as the case may be,
under a joint sponsorship arrangement under this
subsection under the same terms and conditions as
apply to the primary sponsor of such national lab-
oratory under section 303(b)(1)(C) of the Federal
Property and Administrative Services Act of 1949
(41 U.S.C. 253 (b)(1)(C)) or of such site to the ex-
tent such section applies to such site as a federally
funded research and development center by reason
of this subsection.
(c) SEPARATE CONTRACTING.—To the extent that
programs or activities transferred by this Act from the De-
partment of Energy to the Department of Homeland Se-
curity are being carried out through direct contracts with
the operator of a national laboratory or site of the Depart-
ment of Energy, the Secretary of Homeland Security and
the Secretary of Energy shall ensure that direct contracts
for such programs and activities between the Department
of Homeland Security and such operator are separate
from the direct contracts of the Department of Energy
with such operator.
(d) AUTHORITY WITH RESPECT TO COOPERATIVE
RESEARCH AND DEVELOPMENT AGREEMENTS AND LI-
CENSING AGREEMENTS.—In connection with any utiliza-
tion of the Department of Energy national laboratories
and sites under this section, the Secretary may permit the
director of any such national laboratory or site to enter
into cooperative research and development agreements or
to negotiate licensing agreements with any person, any
agency or instrumentality, of the United States, any unit
of State or local government, and any other entity under
the authority granted by section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a). Technology may be transferred to a non-Federal
party to such an agreement consistent with the provisions
of sections 11 and 12 of that Act (15 U.S.C. 3710,
3710a).
(e) REIMBURSEMENT OF COSTS.—In the case of an
activity carried out by the operator of a Department of
Energy national laboratory or site in connection with any
utilization of such laboratory or site under this section,
the Department of Homeland Security shall reimburse the
Department of Energy for costs of such activity through
a method under which the Secretary of Energy waives any
requirement for the Department of Homeland Security to
pay administrative charges or personnel costs of the De-
partment of Energy or its contractors in excess of the
amount that the Secretary of Energy pays for an activity
carried out by such contractor and paid for by the Depart-
ment of Energy.
(f) LABORATORY DIRECTED RESEARCH AND DEVEL-
OPMENT BY THE DEPARTMENT OF ENERGY.—No funds
authorized to be appropriated or otherwise made available
to the Department in any fiscal year may be obligated or
expended for laboratory directed research and develop-
ment activities carried out by the Department of Energy
unless such activities support the missions of the Depart-
ment of Homeland Security.
(g) OFFICE FOR NATIONAL LABORATORIES.—There
is established within the Directorate of Science and Tech-
nology an Office for National Laboratories, which shall be
responsible for the coordination and utilization of the De-
partment of Energy national laboratories and sites under
this section in a manner to create a networked laboratory
system for the purpose of supporting the missions of the
Department.
(h) DEPARTMENT OF ENERGY COORDINATION ON
HOMELAND SECURITY RELATED RESEARCH.—The Sec-
retary of Energy shall ensure that any research, develop-
ment, test, and evaluation activities conducted within the
Department of Energy that are directly or indirectly re-
lated to homeland security are fully coordinated with the
Secretary to minimize duplication of effort and maximize
the effective application of Federal budget resources.
SEC. 310. TRANSFER OF PLUM ISLAND ANIMAL DISEASE
CENTER, DEPARTMENT OF AGRICULTURE.
(a) IN GENERAL.—In accordance with title XV, the
Secretary of Agriculture shall transfer to the Secretary of
Homeland Security the Plum Island Animal Disease Cen-
ter of the Department of Agriculture, including the assets
and liabilities of the Center.
(b) CONTINUED DEPARTMENT OF AGRICULTURE AC-
CESS.—On completion of the transfer of the Plum Island
Animal Disease Center under subsection (a), the Secretary
of Homeland Security and the Secretary of Agriculture
shall enter into an agreement to ensure that the Depart-
ment of Agriculture is able to carry out research, diag-
nostic, and other activities of the Department of Agri-
culture at the Center.
(c) DIRECTION OF ACTIVITIES.—The Secretary of
Agriculture shall continue to direct the research, diag-
nostic, and other activities of the Department of Agri-
culture at the Center described in subsection (b).
(d) NOTIFICATION.—
(1) IN GENERAL.—At least 180 days before any
change in the biosafety level at the Plum Island Ani-
mal Disease Center, the President shall notify Con-
gress of the change and describe the reasons for the
change.
(2) LIMITATION.—No change described in para-
graph (1) may be made earlier than 180 days after
the completion of the transition period (as defined in
section 1501.
100
SEC. 311. HOMELAND SECURITY SCIENCE AND TECH-
NOLOGY ADVISORY COMMITTEE.
(a) ESTABLISHMENT.—There is established within
the Department a Homeland Security Science and Tech-
nology Advisory Committee (in this section referred to as
the ‘‘Advisory Committee’’). The Advisory Committee
shall make recommendations with respect to the activities
of the Under Secretary for Science and Technology, in-
cluding identifying research areas of potential importance
to the security of the Nation.
(b) MEMBERSHIP.—
(1) APPOINTMENT.—The Advisory Committee
shall consist of 20 members appointed by the Under
Secretary for Science and Technology, which shall
include emergency first-responders or representatives
of organizations or associations of emergency first-
responders. The Advisory Committee shall also in-
clude representatives of citizen groups, including
economically disadvantaged communities. The indi-
viduals appointed as members of the Advisory
Committee—
(A) shall be eminent in fields such as
emergency response, research, engineering, new
product development, business, and manage-
ment consulting;
101
(B) shall be selected solely on the basis of
established records of distinguished service;
(C) shall not be employees of the Federal
Government; and
(D) shall be so selected as to provide rep-
resentation of a cross-section of the research,
development, demonstration, and deployment
activities supported by the Under Secretary for
Science and Technology.
(2) 
NATIONAL
RESEARCH
COUNCIL.—The
Under Secretary for Science and Technology may
enter into an arrangement for the National Research
Council to select members of the Advisory Com-
mittee, but only if the panel used by the National
Research Council reflects the representation de-
scribed in paragraph (1).
(c) TERMS OF OFFICE.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the term of office of each
member of the Advisory Committee shall be 3 years.
(2) ORIGINAL
APPOINTMENTS.—The original
members of the Advisory Committee shall be ap-
pointed to three classes of three members each. One
class shall have a term of 1 year, 1 a term of 2
years, and the other a term of 3 years.
102
(3) VACANCIES.—A member appointed to fill a
vacancy occurring before the expiration of the term
for which the member’s predecessor was appointed
shall be appointed for the remainder of such term.
(d) ELIGIBILITY.—A person who has completed two
consecutive full terms of service on the Advisory Com-
mittee shall thereafter be ineligible for appointment during
the 1-year period following the expiration of the second
such term.
(e) MEETINGS.—The Advisory Committee shall meet
at least quarterly at the call of the Chair or whenever one-
third of the members so request in writing. Each member
shall be given appropriate notice of the call of each meet-
ing, whenever possible not less than 15 days before the
meeting.
(f) QUORUM.—A majority of the members of the Ad-
visory Committee not having a conflict of interest in the
matter being considered by the Advisory Committee shall
constitute a quorum.
(g) CONFLICT OF INTEREST RULES.—The Advisory
Committee shall establish rules for determining when 1
of its members has a conflict of interest in a matter being
considered by the Advisory Committee.
(h) REPORTS.—
103
(1) ANNUAL
REPORT.—The Advisory Com-
mittee shall render an annual report to the Under
Secretary for Science and Technology for transmittal
to Congress on or before January 31 of each year.
Such report shall describe the activities and rec-
ommendations of the Advisory Committee during the
previous year.
(2) 
ADDITIONAL
REPORTS.—The 
Advisory
Committee may render to the Under Secretary for
transmittal to Congress such additional reports on
specific policy matters as it considers appropriate.
(i) FACA EXEMPTION.—Section 14 of the Federal
Advisory Committee Act shall not apply to the Advisory
Committee.
(j) TERMINATION.—The Department of Homeland
Security Science and Technology Advisory Committee
shall terminate 3 years after the effective date of this Act.
SEC. 312. HOMELAND SECURITY INSTITUTE.
(a) ESTABLISHMENT.—The Secretary shall establish
a federally funded research and development center to be
known as the ‘‘Homeland Security Institute’’ (in this sec-
tion referred to as the ‘‘Institute’’).
(b) ADMINISTRATION.—The Institute shall be admin-
istered as a separate entity by the Secretary.
104
(c) DUTIES.—The duties of the Institute shall be de-
termined by the Secretary, and may include the following:
(1) Systems analysis, risk analysis, and simula-
tion and modeling to determine the vulnerabilities of
the Nation’s critical infrastructures and the effec-
tiveness of the systems deployed to reduce those
vulnerabilities.
(2) Economic and policy analysis to assess the
distributed costs and benefits of alternative ap-
proaches to enhancing security.
(3) Evaluation of the effectiveness of measures
deployed to enhance the security of institutions, fa-
cilities, and infrastructure that may be terrorist tar-
gets.
(4) Identification of instances when common
standards and protocols could improve the interoper-
ability and effective utilization of tools developed for
field operators and first responders.
(5) Assistance for Federal agencies and depart-
ments in establishing testbeds to evaluate the effec-
tiveness of technologies under development and to
assess the appropriateness of such technologies for
deployment.
(6) Design of metrics and use of those metrics
to evaluate the effectiveness of homeland security
105
programs throughout the Federal Government, in-
cluding all national laboratories.
(7) Design of and support for the conduct of
homeland security-related exercises and simulations.
(8) Creation of strategic technology develop-
ment plans to reduce vulnerabilities in the Nation’s
critical infrastructure and key resources.
(d) CONSULTATION ON INSTITUTE ACTIVITIES.—In
carrying out the duties described in subsection (c), the In-
stitute shall consult widely with representatives from pri-
vate industry, institutions of higher education, nonprofit
institutions, other Government agencies, and federally
funded research and development centers.
(e) USE OF CENTERS.—The Institute shall utilize the
capabilities of the National Infrastructure Simulation and
Analysis Center.
(f) ANNUAL REPORTS.—The Institute shall transmit
to the Secretary and Congress an annual report on the
activities of the Institute under this section.
(g) TERMINATION.—The Homeland Security Insti-
tute shall terminate 3 years after the effective date of this
Act.
106
SEC. 313. TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE
AND SUPPORT INNOVATIVE SOLUTIONS TO
ENHANCE HOMELAND SECURITY.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary,
acting through the Under Secretary for Science and Tech-
nology, shall establish and promote a program to encour-
age technological innovation in facilitating the mission of
the Department (as described in section 101).
(b) ELEMENTS
OF PROGRAM.—The program de-
scribed in subsection (a) shall include the following compo-
nents:
(1) The establishment of a centralized Federal
clearinghouse for information relating to tech-
nologies that would further the mission of the De-
partment for dissemination, as appropriate, to Fed-
eral, State, and local government and private sector
entities for additional review, purchase, or use.
(2) The issuance of announcements seeking
unique and innovative technologies to advance the
mission of the Department.
(3) The establishment of a technical assistance
team to assist in screening, as appropriate, pro-
posals submitted to the Secretary (except as pro-
vided in subsection (c)(2)) to assess the feasibility,
scientific and technical merits, and estimated cost of
such proposals, as appropriate.
107
(4) The provision of guidance, recommenda-
tions, and technical assistance, as appropriate, to as-
sist Federal, State, and local government and pri-
vate sector efforts to evaluate and implement the use
of technologies described in paragraph (1) or (2).
(5) The provision of information for persons
seeking guidance on how to pursue proposals to de-
velop or deploy technologies that would enhance
homeland security, including information relating to
Federal funding, regulation, or acquisition.
(c) MISCELLANEOUS PROVISIONS.—
(1) IN GENERAL.—Nothing in this section shall
be construed as authorizing the Secretary or the
technical assistance team established under sub-
section (b)(3) to set standards for technology to be
used by the Department, any other executive agency,
any State or local government entity, or any private
sector entity.
(2) CERTAIN
PROPOSALS.—The technical as-
sistance team established under subsection (b)(3)
shall not consider or evaluate proposals submitted in
response to a solicitation for offers for a pending
procurement or for a specific agency requirement.
(3) COORDINATION.—In carrying out this sec-
tion, the Secretary shall coordinate with the Tech-
108
nical Support Working Group (organized under the
April 1982 National Security Decision Directive
Numbered 30).
TITLE 
IV—DIRECTORATE 
OF
BORDER 
AND 
TRANSPOR-
TATION SECURITY
Subtitle A—Under Secretary for
Border and Transportation Se-
curity
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANS-
PORTATION SECURITY.
There shall be in the Department a Directorate of
Border and Transportation Security headed by an Under
Secretary for Border and Transportation Security.
SEC. 402. RESPONSIBILITIES.
The Secretary, acting through the Under Secretary
for Border and Transportation Security, shall be respon-
sible for the following:
(1) Preventing the entry of terrorists and the
instruments of terrorism into the United States.
(2) Securing the borders, territorial waters,
ports, terminals, waterways, and air, land, and sea
transportation systems of the United States, includ-
ing managing and coordinating those functions
transferred to the Department at ports of entry.
109
(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 441 takes effect.
(4) Establishing and administering rules, in ac-
cordance with section 428, 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) Establishing national immigration enforce-
ment policies and priorities.
(6) Except as provided in subtitle C, admin-
istering the customs laws of the United States.
(7) Conducting the inspection and related ad-
ministrative functions of the Department of Agri-
culture transferred to the Secretary of Homeland
Security under section 421.
(8) In carrying out the foregoing responsibil-
ities, ensuring the speedy, orderly, and efficient flow
of lawful traffic and commerce.
110
SEC. 403. FUNCTIONS TRANSFERRED.
In accordance with title XV (relating to transition
provisions), there shall be transferred to the Secretary the
functions, personnel, assets, and liabilities of—
(1) the United States Customs Service of the
Department of the Treasury, including the functions
of the Secretary of the Treasury relating thereto;
(2) 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;
(3) the Federal Protective Service of the Gen-
eral Services Administration, including the functions
of the Administrator of General Services relating
thereto;
(4) the Federal Law Enforcement Training
Center of the Department of the Treasury; and
(5) the Office for Domestic Preparedness of the
Office of Justice Programs, including the functions
of the Attorney General relating thereto.
Subtitle B—United States Customs
Service
SEC. 411. ESTABLISHMENT; COMMISSIONER OF CUSTOMS.
(a) ESTABLISHMENT.—There is established in the
Department the United States Customs Service, under the
111
authority of the Under Secretary for Border and Trans-
portation Security, which shall be vested with those func-
tions including, but not limited to those set forth in section
415(7), and the personnel, assets, and liabilities attrib-
utable 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 effec-
tive date until a Commissioner of Customs is ap-
pointed under paragraph (1).
112
SEC. 412. RETENTION OF CUSTOMS REVENUE FUNCTIONS
BY SECRETARY OF THE TREASURY.
(a) RETENTION OF CUSTOMS REVENUE FUNCTIONS
BY SECRETARY OF THE TREASURY.—
(1) RETENTION
OF
AUTHORITY.—Notwith-
standing section 403(a)(1), authority related to Cus-
toms revenue functions that was vested in the Sec-
retary of the Treasury 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 Treasury shall con-
sult with the Secretary regarding the exercise of any
such authority not delegated to the Secretary.
(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
Statutes of the United States (19 U.S.C. 66); sec-
tion 1 of the Act of June 26, 1930 (19 U.S.C. 68);
113
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 North American Free
Trade Area Implementation Act; the Uruguay
Round Agreements Act; the Caribbean Basin Eco-
nomic Recovery Act; the Andean Trade Preference
Act; the African Growth and Opportunity 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, discontinue, or diminish
those functions described in paragraph (2) per-
formed by the United States Customs Service (as es-
tablished under section 411) on or after the effective
date of this Act, reduce the staffing level, or reduce
the resources attributable to such functions, and the
Secretary shall ensure that an appropriate manage-
ment structure is implemented to carry out such
functions.
(2) FUNCTIONS.—The functions referred to in
paragraph (1) are those functions performed by the
114
following personnel, and associated support staff, of
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 Treas-
ury is authorized to appoint up to 20 new personnel to
work with personnel of the Department in performing cus-
toms revenue functions.
SEC. 413. PRESERVATION OF CUSTOMS FUNDS.
Notwithstanding any other provision of this Act, no
funds available to the United States Customs Service or
collected under paragraphs (1) through (8) of section
13031(a) of the Consolidated Omnibus Budget Reconcili-
ation Act of 1985 may be transferred for use by any other
agency or office in the Department.
SEC. 414. SEPARATE BUDGET REQUEST FOR CUSTOMS.
The President shall include in each budget trans-
mitted to Congress under section 1105 of title 31, United
States Code, a separate budget request for the United
States Customs Service.
115
SEC. 415. 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 en-
gaged 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.
(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 effec-
116
tive date of this Act: Import Specialists, Entry Spe-
cialists, Drawback Specialists, National Import Spe-
cialist, Fines and Penalties Specialists, attorneys of
the Office of Regulations and Rulings, Customs
Auditors, International Trade Specialists, Financial
Systems Specialists.
(8) Functions performed by the following of-
fices, with respect to any function described in any
of paragraphs (1) through (7), and associated sup-
port staff, of the United States Customs Service on
the day before the effective date of this Act: the Of-
fice of Information and Technology, the Office of
Laboratory Services, the Office of the Chief Counsel,
the Office of Congressional Affairs, the Office of
International Affairs, and the Office of Training and
Development.
SEC. 416. GAO REPORT TO CONGRESS.
Not later than 3 months after the effective date of
this Act, the Comptroller General of the United States
shall submit to Congress a report that sets forth all trade
functions performed by the executive branch, specifying
each agency that performs each such function.
SEC. 417. ALLOCATION OF RESOURCES BY THE SECRETARY.
(a) IN GENERAL.—The Secretary shall ensure that
adequate staffing is provided to assure that levels of cus-
117
toms revenue services provided on the day before the effec-
tive 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 Senate at least 90 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
described in paragraphs (1) through (6) and paragraph
(8) of section 415.
SEC. 418. REPORTS TO CONGRESS.
(a) CONTINUING REPORTS.—The United States Cus-
toms Service shall, on and after the effective date of this
Act, continue to submit to the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate any report required, on the day
118
before such the effective date of this Act, to be so sub-
mitted under any provision of law.
(b) REPORT ON CONFORMING AMENDMENTS.—Not
later than 60 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit a report to the
Committee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives of
proposed conforming amendments to the statutes set forth
under section 412(a)(2) in order to determine the appro-
priate allocation of legal authorities described under this
subsection. The Secretary of the Treasury shall also iden-
tify those authorities vested in the Secretary of the Treas-
ury that are exercised by the Commissioner of Customs
on or before the effective date of this section.
SEC. 419. CUSTOMS USER FEES.
(a) IN GENERAL.—Section 13031(f) of the Consoli-
dated 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 Automa-
tion Account under paragraph (5).’’;
119
(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 Auto-
mation 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, es-
tablishment, and implementation of the Automated Com-
mercial Environment computer system for the processing
of merchandise that is entered or released and for other
purposes related to the functions of the Department of
Homeland Security. Amounts appropriated pursuant to
this subparagraph are authorized to remain available until
expended.
‘‘(C) In adjusting the fee imposed by subsection
(a)(9)(A) for fiscal year 2006, the Secretary of the Treas-
ury shall reduce the amount estimated to be collected in
fiscal year 2006 by the amount by which total fees depos-
120
ited to the Account during fiscal years 2003, 2004, and
2005 exceed total appropriations from that Account.’’.
(b) CONFORMING AMENDMENT.—Section 311(b) of
the Customs Border Security Act of 2002 (Public Law
107–210) is amended by striking paragraph (2).
Subtitle C—Miscellaneous
Provisions
SEC. 421. TRANSFER OF CERTAIN AGRICULTURAL INSPEC-
TION FUNCTIONS OF THE DEPARTMENT OF
AGRICULTURE.
(a) TRANSFER
OF AGRICULTURAL IMPORT
AND
ENTRY INSPECTION FUNCTIONS.—There shall be trans-
ferred to the Secretary the functions of the Secretary of
Agriculture relating to agricultural import and entry in-
spection activities under the laws specified in subsection
(b).
(b) COVERED ANIMAL
AND PLANT PROTECTION
LAWS.—The laws referred to in subsection (a) are the fol-
lowing:
(1) The Act commonly known as the Virus-
Serum-Toxin Act (the eighth paragraph under the
heading ‘‘Bureau of Animal Industry’’ in the Act of
March 4, 1913; 21 U.S.C. 151 et seq.).
121
(2) Section 1 of the Act of August 31, 1922
(commonly known as the Honeybee Act; 7 U.S.C.
281).
(3) Title III of the Federal Seed Act (7 U.S.C.
1581 et seq.).
(4) The Plant Protection Act (7 U.S.C. 7701 et
seq.).
(5) The Animal Health Protection Act (subtitle
E of title X of Public Law 107–171; 7 U.S.C. 8301
et seq.).
(6) The Lacey Act Amendments of 1981 (16
U.S.C. 3371 et seq.).
(7) Section 11 of the Endangered Species Act
of 1973 (16 U.S.C. 1540).
(c) EXCLUSION OF QUARANTINE ACTIVITIES.—For
purposes of this section, the term ‘‘functions’’ does not
include any quarantine activities carried out under the
laws specified in subsection (b).
(d) EFFECT OF TRANSFER.—
(1) COMPLIANCE WITH DEPARTMENT OF AGRI-
CULTURE REGULATIONS.—The authority transferred
pursuant to subsection (a) shall be exercised by the
Secretary in accordance with the regulations, poli-
cies, and procedures issued by the Secretary of Agri-
122
culture regarding the administration of the laws
specified in subsection (b).
(2) RULEMAKING
COORDINATION.—The Sec-
retary of Agriculture shall coordinate with the Sec-
retary whenever the Secretary of Agriculture pre-
scribes regulations, policies, or procedures for ad-
ministering the functions transferred under sub-
section (a) under a law specified in subsection (b).
(3) EFFECTIVE
ADMINISTRATION.—The Sec-
retary, in consultation with the Secretary of Agri-
culture, 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
1501, the Secretary of Agriculture and the Secretary
shall enter into an agreement to effectuate the
transfer of functions required by subsection (a). The
Secretary of Agriculture and the Secretary may
jointly revise the agreement as necessary thereafter.
123
(2) REQUIRED
TERMS.—The agreement re-
quired by this subsection shall specifically address
the following:
(A) The supervision by the Secretary of
Agriculture of the training of employees of the
Secretary to carry out the functions transferred
pursuant to subsection (a).
(B) The transfer of funds to the Secretary
under subsection (f).
(3) COOPERATION
AND
RECIPROCITY.—The
Secretary of Agriculture and the Secretary may in-
clude as part of the agreement the following:
(A) Authority for the Secretary to perform
functions delegated to the Animal and Plant
Health Inspection Service of the Department of
Agriculture regarding the protection of domes-
tic livestock and plants, but not transferred to
the Secretary pursuant to subsection (a).
(B) Authority for the Secretary of Agri-
culture to use employees of the Department of
Homeland Security to carry out authorities del-
egated to the Animal and Plant Health Inspec-
tion Service regarding the protection of domes-
tic livestock and plants.
124
(f) PERIODIC TRANSFER OF FUNDS TO DEPART-
MENT OF HOMELAND SECURITY.—
(1) TRANSFER OF FUNDS.—Out of funds col-
lected by fees authorized under sections 2508 and
2509 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (21 U.S.C. 136, 136a), the Sec-
retary of Agriculture shall transfer, from time to
time in accordance with the agreement under sub-
section (e), to the Secretary funds for activities car-
ried out by the Secretary for which such fees were
collected.
(2) LIMITATION.—The proportion of fees col-
lected pursuant to such sections that are transferred
to the Secretary under this subsection may not ex-
ceed the proportion of the costs incurred by the Sec-
retary to all costs incurred to carry out activities
funded by such fees.
(g) TRANSFER OF DEPARTMENT OF AGRICULTURE
EMPLOYEES.—Not later than the completion of the transi-
tion period defined under section 1501, the Secretary of
Agriculture shall transfer to the Secretary not more than
3,200 full-time equivalent positions of the Department of
Agriculture.
125
(h) PROTECTION OF INSPECTION ANIMALS.—Title V
of the Agricultural Risk Protection Act of 2000 (7 U.S.C.
2279e, 2279f) is amended—
(1) in section 501(a)—
(A) by inserting ‘‘or the Department of
Homeland Security’’ after ‘‘Department of Ag-
riculture’’; and
(B) by inserting ‘‘or the Secretary of
Homeland Security’’ after ‘‘Secretary of Agri-
culture’’;
(2) by striking ‘‘Secretary’’ each place it ap-
pears (other than in sections 501(a) and 501(e))
and inserting ‘‘Secretary concerned’’; and
(3) by adding at the end of section 501 the fol-
lowing new subsection:
‘‘(e) SECRETARY CONCERNED DEFINED.—In this
title, the term ‘Secretary concerned’ means—
‘‘(1) the Secretary of Agriculture, with respect
to an animal used for purposes of official inspections
by the Department of Agriculture; and
‘‘(2) the Secretary of Homeland Security, with
respect to an animal used for purposes of official in-
spections by the Department of Homeland Secu-
rity.’’.
126
SEC. 422. FUNCTIONS OF ADMINISTRATOR OF GENERAL
SERVICES.
(a) OPERATION, MAINTENANCE, AND PROTECTION
OF FEDERAL BUILDINGS AND GROUNDS.—Nothing in
this Act may be construed to affect the functions or au-
thorities of the Administrator of General Services with re-
spect to the operation, maintenance, and protection of
buildings and grounds owned or occupied by the Federal
Government and under the jurisdiction, custody, or control
of the Administrator. Except for the law enforcement and
related security functions transferred under section
403(3), the Administrator shall retain all powers, func-
tions, and authorities vested in the Administrator under
chapter 10 of title 40, United States Code, and other pro-
visions of law that are necessary for the operation, mainte-
nance, 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
127
in the Federal Buildings Fund established by
section 490(f) of title 40, United States Code.
(2) USE
OF
TRANSFERRED
AMOUNTS.—Any
amounts transferred by the Administrator of Gen-
eral Services to the Secretary out of rents and fees
collected by the Administrator shall be used by the
Secretary solely for the protection of buildings or
grounds owned or occupied by the Federal Govern-
ment.
SEC. 423. FUNCTIONS OF TRANSPORTATION SECURITY AD-
MINISTRATION.
(a) CONSULTATION WITH FEDERAL AVIATION AD-
MINISTRATION.—The Secretary and other officials in the
Department shall consult with the Administrator of the
Federal Aviation Administration before taking any action
that might affect aviation safety, air carrier operations,
aircraft airworthiness, or the use of airspace. The Sec-
retary shall establish a liaison office within the Depart-
ment for the purpose of consulting with the Administrator
of the Federal Aviation Administration.
(b) REPORT TO CONGRESS.—Not later than 60 days
after the date of enactment of this Act, the Secretary of
Transportation shall transmit to Congress a report con-
taining a plan for complying with the requirements of sec-
128
tion 44901(d) of title 49, United States Code, as amended
by section 426 of this Act.
(c) LIMITATIONS ON STATUTORY CONSTRUCTION.—
(1) GRANT
OF
AUTHORITY.—Nothing in this
Act may be construed to vest in the Secretary or any
other official in the Department any authority over
transportation security that is not vested in the
Under Secretary of Transportation for Security, or
in the Secretary of Transportation under chapter
449 of title 49, United States Code, on the day be-
fore the date of enactment of this Act.
(2) OBLIGATION OF AIP FUNDS.—Nothing in
this Act may be construed to authorize the Secretary
or any other official in the Department to obligate
amounts made available under section 48103 of title
49, United States Code.
SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY
ADMINISTRATION AS A DISTINCT ENTITY.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of this Act, and subject to subsection (b), the Trans-
portation Security Administration shall be maintained as
a distinct entity within the Department under the Under
Secretary for Border Transportation and Security.
(b) SUNSET.—Subsection (a) shall cease to apply 2
years after the date of enactment of this Act.
129
SEC. 425. EXPLOSIVE DETECTION SYSTEMS.
Section 44901(d) of title 49, United States
Code, is amended by adding at the end the fol-
lowing:
‘‘(2) DEADLINE.—
‘‘(A) IN GENERAL.—If, in his discretion or
at the request of an airport, the Under Sec-
retary of Transportation for Security deter-
mines that the Transportation Security Admin-
istration is not able to deploy explosive detec-
tion systems required to be deployed under
paragraph (1) at all airports where explosive
detection systems are required by December 31,
2002, then with respect to each airport for
which 
the 
Under 
Secretary 
makes 
that
determination—
‘‘(i) the Under Secretary shall submit
to the Senate Committee on Commerce,
Science, and Transportation and the
House of Representatives Committee on
Transportation and Infrastructure a de-
tailed plan (which may be submitted in
classified form) for the deployment of the
number of explosive detection systems at
that airport necessary to meet the require-
ments of paragraph (1) as soon as prac-
130
ticable at that airport but in no event later
than December 31, 2003; and
‘‘(ii) the Under Secretary shall take
all necessary action to ensure that alter-
native means of screening all checked
baggage is implemented until the require-
ments of paragraph (1) have been met.
‘‘(B) CRITERIA FOR DETERMINATION.—In
making a determination under subparagraph
(A), the Under Secretary shall take into
account—
‘‘(i) the nature and extent of the re-
quired modifications to the airport’s ter-
minal buildings, and the technical, engi-
neering, design and construction issues;
‘‘(ii) the need to ensure that such in-
stallations and modifications are effective;
and
‘‘(iii) the feasibility and cost-effective-
ness of deploying explosive detection sys-
tems in the baggage sorting area or other
non-public area rather than the lobby of an
airport terminal building.
‘‘(C) RESPONSE.—The Under Secretary
shall respond to the request of an airport under
131
subparagraph (A) within 14 days of receiving
the request. A denial of request shall create no
right of appeal or judicial review.
‘‘(D) AIRPORT EFFORT REQUIRED.—Each
airport with respect to which the Under Sec-
retary makes a determination under subpara-
graph (A) shall—
‘‘(i) cooperate fully with the Trans-
portation Security Administration with re-
spect to screening checked baggage and
changes to accommodate explosive detec-
tion systems; and
‘‘(ii) make security projects a priority
for the obligation or expenditure of funds
made available under chapter 417 or 471
until explosive detection systems required
to be deployed under paragraph (1) have
been deployed at that airport.
‘‘(3) REPORTS.—Until the Transportation Se-
curity Administration has met the requirements of
paragraph (1), the Under Secretary shall submit a
classified report every 30 days after the date of en-
actment of the Aviation Security Improvement Act
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives
132
Committee on Transportation and Infrastructure de-
scribing the progress made toward meeting such re-
quirements at each airport.’’.
SEC. 426. TRANSPORTATION SECURITY.
(a) 
TRANSPORTATION
SECURITY
OVERSIGHT
BOARD.—
(1) ESTABLISHMENT.—Section 115(a) of title
49, United States Code, is amended by striking ‘‘De-
partment of Transportation’’ and inserting ‘‘Depart-
ment of Homeland Security’’.
(2) MEMBERSHIP.—Section 115(b)(1) of title
49, United States Code, is amended—
(A) by striking subparagraph (G);
(B) by redesignating subparagraphs (A)
through (F) as subparagraphs (B) through (G),
respectively; and
(C) by inserting before subparagraph (B)
(as so redesignated) the following:
‘‘(A) The Secretary of Homeland Security,
or the Secretary’s designee.’’.
(3) CHAIRPERSON.—Section 115(b)(2) of title
49, United States Code, is amended by striking
‘‘Secretary of Transportation’’ and inserting ‘‘Sec-
retary of Homeland Security’’.
133
(b) APPROVAL OF AIP GRANT APPLICATIONS FOR
SECURITY ACTIVITIES.—Section 47106 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(g) CONSULTATION WITH SECRETARY OF HOME-
LAND SECURITY.—The Secretary shall consult with the
Secretary of Homeland Security before approving an ap-
plication under this subchapter for an airport development
project 
grant 
for 
activities 
described 
in 
section
47102(3)(B)(ii) only as they relate to security equipment
or section 47102(3)(B)(x) only as they relate to installa-
tion of bulk explosive detection system.’’.
SEC. 427. COORDINATION OF INFORMATION AND INFORMA-
TION TECHNOLOGY.
(a) DEFINITION OF AFFECTED AGENCY.—In this
section, the term ‘‘affected agency’’ means—
(1) the Department;
(2) the Department of Agriculture;
(3) the Department of Health and Human
Services; and
(4) any other department or agency determined
to be appropriate by the Secretary.
(b) COORDINATION.—The Secretary, in coordination
with the Secretary of Agriculture, the Secretary of Health
and Human Services, and the head of each other depart-
134
ment or agency determined to be appropriate by the Sec-
retary, shall ensure that appropriate information (as de-
termined by the Secretary) concerning inspections of arti-
cles that are imported or entered into the United States,
and are inspected or regulated by 1 or more affected agen-
cies, is timely and efficiently exchanged between the af-
fected agencies.
(c) REPORT AND PLAN.—Not later than 18 months
after the date of enactment of this Act, the Secretary, in
consultation with the Secretary of Agriculture, the Sec-
retary of Health and Human Services, and the head of
each other department or agency determined to be appro-
priate by the Secretary, shall submit to Congress—
(1) a report on the progress made in imple-
menting this section; and
(2) a plan to complete implementation of this
section.
SEC. 428. VISA ISSUANCE.
(a) DEFINITION.—In this subsection, the term ‘‘con-
sular office’’ has the meaning given that term under sec-
tion 101(a)(9) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(9)).
(b) IN GENERAL.—Notwithstanding section 104(a)
of the Immigration and Nationality Act (8 U.S.C.
135
1104(a)) or any other provision of law, and except as pro-
vided in subsection (c) of this section, the Secretary—
(1) shall be vested exclusively with all authori-
ties to issue regulations with respect to, administer,
and enforce the provisions of such Act, and of all
other immigration and nationality laws, relating to
the functions of consular officers of the United
States in connection with the granting or refusal of
visas, and shall have the authority to refuse visas in
accordance with law and to develop programs of
homeland security training for consular officers (in
addition to consular training provided by the Sec-
retary of State), which authorities shall be exercised
through the Secretary of State, except that the Sec-
retary shall not have authority to alter or reverse the
decision of a consular officer to refuse a visa to an
alien; and
(2) shall have authority to confer or impose
upon any officer or employee of the United States,
with the consent of the head of the executive agency
under whose jurisdiction such officer or employee is
serving, any of the functions specified in paragraph
(1).
(c) AUTHORITY OF THE SECRETARY OF STATE.—
136
(1) IN GENERAL.—Notwithstanding subsection
(b), the Secretary of State may direct a consular of-
ficer to refuse a visa to an alien if the Secretary of
State deems such refusal necessary or advisable in
the foreign policy or security interests of the United
States.
(2) CONSTRUCTION REGARDING AUTHORITY.—
Nothing in this section, consistent with the Sec-
retary of Homeland Security’s authority to refuse
visas in accordance with law, shall be construed as
affecting the authorities of the Secretary of State
under the following provisions of law:
(A) Section 101(a)(15)(A) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(15)(A)).
(B) Section 204(d)(2) of the Immigration
and Nationality Act (8 U.S.C. 1154) (as it will
take effect upon the entry into force of the Con-
vention on Protection of Children and Coopera-
tion in Respect to Inter-Country adoption).
(C) Section 212(a)(3)(B)(i)(IV)(bb) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(i)(IV)(bb)).
137
(D) Section 212(a)(3)(B)(i)(VI) of the Im-
migration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(i)(VI)).
(E) Section 212(a)(3)(B)(vi)(II) of the Im-
migration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi)(II)).
(F) Section 212(a)(3(C) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1182(a)(3)(C)).
(G) Section 212(a)(10)(C) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1182(a)(10)(C)).
(H) Section 212(f) of the Immigration and
Nationality Act (8 U.S.C. 1182(f)).
(I) Section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
(J) Section 237(a)(4)(C) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1227(a)(4)(C)).
(K) Section 401 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of
1996 (22 U.S.C. 6034; Public Law 104–114).
(L) Section 613 of the Departments of
Commerce, Justice, and State, the Judiciary
and Related Agencies Appropriations Act, 1999
138
(as contained in section 101(b) of division A of
Public Law 105–277) (Omnibus Consolidated
and Emergency Supplemental Appropriations
Act, 1999); 112 Stat. 2681; H.R. 4328 (origi-
nally H.R. 4276) as amended by section 617 of
Public Law 106–553.
(M) Section 103(f) of the Chemical Weap-
on Convention Implementation Act of 1998
(112 Stat. 2681–865).
(N) Section 801 of H.R. 3427, the Admi-
ral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000
and 2001, as enacted by reference in Public
Law 106–113.
(O) Section 568 of the Foreign Operations,
Export Financing, and Related Programs Ap-
propriations Act, 2002 (Public Law 107–115).
(P) Section 51 of the State Department
Basic Authorities Act of 1956 (22 U.S.C.
2723).
(d) CONSULAR OFFICERS
AND CHIEFS
OF MIS-
SIONS.—
(1) IN GENERAL.—Nothing in this subsection
may be construed to alter or affect—
139
(A) the employment status of consular offi-
cers as employees of the Department of State;
or
(B) the authority of a chief of mission
under section 207 of the Foreign Service Act of
1980 (22 U.S.C. 3927).
(2) CONSTRUCTION
REGARDING
DELEGATION
OF AUTHORITY.—Nothing in this section shall be
construed to affect any delegation of authority to the
Secretary of State by the President pursuant to any
proclamation issued under section 212(f) of the Im-
migration and Nationality Act (8 U.S.C. 1182(f)),
consistent with the Secretary of Homeland Secu-
rity’s authority to refuse visas in accordance with
law.
(e) ASSIGNMENT OF HOMELAND SECURITY EMPLOY-
EES TO DIPLOMATIC AND CONSULAR POSTS.—
(1) IN GENERAL.—The Secretary is authorized
to assign employees of the Department to each dip-
lomatic and consular post at which visas are issued,
unless the Secretary determines that such an assign-
ment at a particular post would not promote home-
land security.
(2) FUNCTIONS.—Employees assigned under
paragraph (1) shall perform the following functions:
140
(A) Provide expert advice and training to
consular officers regarding specific security
threats relating to the adjudication of individual
visa applications or classes of applications.
(B) Review any such applications, either
on the initiative of the employee of the Depart-
ment or upon request by a consular officer or
other person charged with adjudicating such ap-
plications.
(C) Conduct investigations with respect to
consular matters under the jurisdiction of the
Secretary.
(3) EVALUATION
OF
CONSULAR
OFFICERS.—
The Secretary of State shall evaluate, in consulta-
tion with the Secretary, as deemed appropriate by
the Secretary, the performance of consular officers
with respect to the processing and adjudication of
applications for visas in accordance with perform-
ance standards developed by the Secretary for these
procedures.
(4) REPORT.—The Secretary shall, on an an-
nual basis, submit a report to Congress that de-
scribes the basis for each determination under para-
graph (1) that the assignment of an employee of the
141
Department at a particular diplomatic post would
not promote homeland security.
(5) PERMANENT ASSIGNMENT; PARTICIPATION
IN TERRORIST LOOKOUT COMMITTEE.—When appro-
priate, employees of the Department assigned to per-
form functions described in paragraph (2) may be
assigned permanently to overseas diplomatic or con-
sular posts with country-specific or regional respon-
sibility. If the Secretary so directs, any such em-
ployee, when present at an overseas post, shall par-
ticipate in the terrorist lookout committee estab-
lished under section 304 of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8
U.S.C. 1733).
(6) TRAINING AND HIRING.—
(A) IN GENERAL.—The Secretary shall en-
sure, to the extent possible, that any employees
of the Department assigned to perform func-
tions under paragraph (2) and, as appropriate,
consular officers, shall be provided the nec-
essary training to enable them to carry out
such functions, including training in foreign
languages, interview techniques, and fraud de-
tection techniques, in conditions in the par-
142
ticular country where each employee is as-
signed, and in other appropriate areas of study.
(B) USE OF CENTER.—The Secretary is
authorized to use the National Foreign Affairs
Training Center, on a reimbursable basis, to ob-
tain the training described in subparagraph
(A).
(7) REPORT.—Not later than 1 year after the
date of enactment of this Act, the Secretary and the
Secretary of State shall submit to Congress—
(A) a report on the implementation of this
subsection; and
(B) any legislative proposals necessary to
further the objectives of this subsection.
(8) EFFECTIVE
DATE.—This subsection shall
take effect on the earlier of—
(A) the date on which the President pub-
lishes notice in the Federal Register that the
President has submitted a report to Congress
setting forth a memorandum of understanding
between the Secretary and the Secretary of
State governing the implementation of this sec-
tion; or
(B) the date occurring 1 year after the
date of enactment of this Act.
143
(f) NO CREATION OF PRIVATE RIGHT OF ACTION.—
Nothing in this section shall be construed to create or au-
thorize a private right of action to challenge a decision
of a consular officer or other United States official or em-
ployee to grant or deny a visa.
(g) STUDY REGARDING USE OF FOREIGN NATION-
ALS.—
(1) IN GENERAL.—The Secretary of Homeland
Security shall conduct a study of the role of foreign
nationals in the granting or refusal of visas and
other documents authorizing entry of aliens into the
United States. The study shall address the following:
(A) The proper role, if any, of foreign na-
tionals in the process of rendering decisions on
such grants and refusals.
(B) Any security concerns involving the
employment of foreign nationals.
(C) Whether there are cost-effective alter-
natives to the use of foreign nationals.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Secretary
shall submit a report containing the findings of the
study conducted under paragraph (1) to the Com-
mittee on the Judiciary, the Committee on Inter-
national Relations, and the Committee on Govern-
144
ment Reform of the House of Representatives, and
the Committee on the Judiciary, the Committee on
Foreign Relations, and the Committee on Govern-
ment Affairs of the Senate.
(h) 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 Congress
a report on how the provisions of this section will affect
procedures for the issuance of student visas.
(i) 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 pro-
grams in Saudi Arabia shall be terminated. On-site per-
sonnel of the Department of Homeland Security shall re-
view all visa applications prior to adjudication.
SEC. 429. INFORMATION ON VISA DENIALS REQUIRED TO
BE ENTERED INTO ELECTRONIC DATA SYS-
TEM.
(a) IN GENERAL.—Whenever a consular officer of the
United States denies a visa to an applicant, the consular
officer shall enter the fact and the basis of the denial and
the name of the applicant into the interoperable electronic
data system implemented under section 202(a) of the En-
hanced Border Security and Visa Entry Reform Act of
2002 (8 U.S.C. 1722(a)).
145
(b) PROHIBITION.—In the case of any alien with re-
spect to whom a visa has been denied under subsection
(a)—
(1) no subsequent visa may be issued to the
alien unless the consular officer considering the
alien’s visa application has reviewed the information
concerning the alien placed in the interoperable elec-
tronic data system, has indicated on the alien’s ap-
plication that the information has been reviewed,
and has stated for the record why the visa is being
issued or a waiver of visa ineligibility recommended
in spite of that information; and
(2) the alien may not be admitted to the United
States without a visa issued in accordance with the
procedures described in paragraph (1).
SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.
(a) IN GENERAL.—The Office for Domestic Pre-
paredness shall be within the Directorate of Border and
Transportation Security.
(b) DIRECTOR.—There shall be a Director of the Of-
fice for Domestic Preparedness, who shall be appointed
by the President, by and with the advice and consent of
the Senate. The Director of the Office for Domestic Pre-
paredness shall report directly to the Under Secretary for
Border and Transportation Security.
146
(c) RESPONSIBILITIES.—The Office for Domestic
Preparedness shall have the primary responsibility within
the executive branch of Government for the preparedness
of the United States for acts of terrorism, including—
(1) coordinating preparedness efforts at the
Federal level, and working with all State, local, trib-
al, parish, and private sector emergency response
providers on all matters pertaining to combating ter-
rorism, including training, exercises, and equipment
support;
(2) coordinating or, as appropriate, consoli-
dating communications and systems of communica-
tions relating to homeland security at all levels of
government;
(3) directing and supervising terrorism pre-
paredness grant programs of the Federal Govern-
ment (other than those programs administered by
the Department of Health and Human Services) for
all emergency response providers;
(4) incorporating the Strategy priorities into
planning guidance on an agency level for the pre-
paredness efforts of the Office for Domestic Pre-
paredness;
(5) providing agency-specific training for agents
and analysts within the Department, other agencies,
148
for Domestic Preparedness of the Department of Justice
(transferred under this section) before September 11,
2001, under the same terms, conditions, policies, and au-
thorities, and with the required level of personnel, assets,
and budget before September 11, 2001.
Subtitle D—Immigration
Enforcement Functions
SEC. 441. TRANSFER OF FUNCTIONS TO UNDER SECRETARY
FOR BORDER AND TRANSPORTATION SECU-
RITY.
In accordance with title XV (relating to transition
provisions), there shall be transferred from the Commis-
sioner of Immigration and Naturalization to the Under
Secretary for Border and Transportation Security all
functions performed under the following programs, and all
personnel, assets, and liabilities pertaining to such pro-
grams, 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. 442. ESTABLISHMENT OF BUREAU OF BORDER SECU-
RITY.
(a) ESTABLISHMENT OF BUREAU.—
149
(1) IN GENERAL.—There shall be 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
Secretary of the Bureau of Border Security, who—
(A) shall report directly to the Under Sec-
retary for Border and Transportation Security;
and
(B) shall have a minimum of 5 years pro-
fessional experience in law enforcement, and a
minimum of 5 years of management experience.
(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 441 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
150
(C) shall advise the Under Secretary for
Border and Transportation Security with re-
spect to any policy or operation of the Bureau
of Border Security that may affect the Bureau
of Citizenship and Immigration Services estab-
lished under subtitle E, including potentially
conflicting policies or operations.
(4) PROGRAM TO COLLECT INFORMATION RE-
LATING
TO
FOREIGN
STUDENTS.—The Assistant
Secretary of the Bureau of Border Security shall be
responsible for administering the program to collect
information relating to nonimmigrant foreign stu-
dents and other exchange program participants de-
scribed in section 641 of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372), including the Student and Exchange
Visitor Information System established under that
section, and shall use such information to carry out
the enforcement functions of the Bureau.
(5) MANAGERIAL ROTATION PROGRAM.—
(A) IN GENERAL.—Not later than 1 year
after the date on which the transfer of func-
tions specified under section 441 takes effect,
the Assistant Secretary of the Bureau of Bor-
der Security shall design and implement a man-
151
agerial rotation program under which employees
of such bureau holding positions involving su-
pervisory or managerial responsibility and clas-
sified, in accordance with chapter 51 of title 5,
United States Code, as a GS–14 or above,
shall—
(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
specified under section 441 takes effect, the
Secretary shall submit a report to the Congress
on the implementation of such program.
(b) CHIEF OF POLICY AND STRATEGY.—
(1) IN GENERAL.—There shall be a position of
Chief of Policy and Strategy for the Bureau of Bor-
der Security.
(2) FUNCTIONS.—In consultation with Bureau
of Border Security personnel in local offices, the
Chief of Policy and Strategy shall be responsible
for—
152
(A) making policy recommendations and
performing policy research and analysis on im-
migration enforcement issues; and
(B) coordinating immigration policy issues
with the Chief of Policy and Strategy for the
Bureau of Citizenship and Immigration Services
(established under subtitle E), as appropriate.
(c) LEGAL ADVISOR.—There shall be a principal legal
advisor to the Assistant Secretary of the Bureau of Border
Security. The legal advisor shall provide specialized legal
advice to the Assistant Secretary of the Bureau of Border
Security and shall represent the bureau in all exclusion,
deportation, and removal proceedings before the Executive
Office for Immigration Review.
SEC. 443. PROFESSIONAL RESPONSIBILITY AND QUALITY
REVIEW.
The Under Secretary for Border and Transportation
Security shall be responsible for—
(1) conducting investigations of noncriminal al-
legations of misconduct, corruption, and fraud in-
volving any employee of the Bureau of Border Secu-
rity that are not subject to investigation by the In-
spector General for the Department;
(2) inspecting the operations of the Bureau of
Border Security and providing assessments of the
153
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. 444. EMPLOYEE DISCIPLINE.
The Under Secretary for Border and Transportation
Security may, notwithstanding any other provision of law,
impose disciplinary action, including termination of em-
ployment, pursuant to policies and procedures applicable
to employees of the Federal Bureau of Investigation, on
any employee of the Bureau of Border Security who will-
fully deceives the Congress or agency leadership on any
matter.
SEC. 445. REPORT ON IMPROVING ENFORCEMENT FUNC-
TIONS.
(a) IN GENERAL.—The Secretary, not later than 1
year after being sworn into office, shall submit to the
Committees on Appropriations and the Judiciary of the
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 441 takes
effect, will enforce comprehensively, effectively, and fairly
all the enforcement provisions of the Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.) relating to such func-
tions.
154
(b) CONSULTATION.—In carrying out subsection (a),
the Secretary of Homeland Security shall consult with the
Attorney General, the Secretary of State, the Director of
the Federal Bureau of Investigation, the Secretary of the
Treasury, the Secretary of Labor, the Commissioner of
Social Security, the Director of the Executive Office for
Immigration Review, and the heads of State and local law
enforcement agencies to determine how to most effectively
conduct enforcement operations.
SEC. 446. SENSE OF CONGRESS REGARDING CONSTRUC-
TION OF FENCING NEAR SAN DIEGO, CALI-
FORNIA.
It is the sense of the Congress that completing the
14-mile border fence project required to be carried out
under section 102(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103
note) should be a priority for the Secretary.
Subtitle E—Citizenship and
Immigration Services
SEC. 451. ESTABLISHMENT OF BUREAU OF CITIZENSHIP
AND IMMIGRATION SERVICES.
(a) ESTABLISHMENT OF BUREAU.—
(1) IN GENERAL.—There shall be in the De-
partment a bureau to be known as the ‘‘Bureau of
Citizenship and Immigration Services’’.
155
(2) DIRECTOR.—The head of the Bureau of
Citizenship and Immigration Services shall be the
Director of the Bureau of Citizenship and Immigra-
tion Services, who—
(A) shall report directly to the Deputy Sec-
retary;
(B) shall have a minimum of 5 years of
management experience; and
(C) shall be paid at the same level as the
Assistant Secretary of the Bureau of Border
Security.
(3) FUNCTIONS.—The Director of the Bureau
of Citizenship and Immigration Services—
(A) shall establish the policies for per-
forming such functions as are transferred to the
Director by this section or this Act or otherwise
vested in the Director by law;
(B) shall oversee the administration of
such policies;
(C) shall advise the Deputy Secretary 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, including potentially con-
flicting policies or operations;
156
(D) shall establish national immigration
services policies and priorities;
(E) shall meet regularly with the Ombuds-
man described in section 452 to correct serious
service problems identified by the Ombudsman;
and
(F) shall establish procedures requiring a
formal response to any recommendations sub-
mitted in the Ombudsman’s annual report to
Congress within 3 months after its submission
to Congress.
(4) MANAGERIAL ROTATION PROGRAM.—
(A) IN GENERAL.—Not later than 1 year
after the effective date specified in section 455,
the Director of the Bureau of Citizenship and
Immigration Services shall design and imple-
ment a managerial rotation program under
which employees of such bureau holding posi-
tions involving supervisory or managerial re-
sponsibility and classified, in accordance with
chapter 51 of title 5, United States Code, as a
GS–14 or above, shall—
(i) gain some experience in all the
major functions performed by such bureau;
and
157
(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 455, the
Secretary shall submit a report to Congress on
the implementation of such program.
(5) PILOT
INITIATIVES
FOR
BACKLOG
ELIMI-
NATION.—The Director of the Bureau of Citizenship
and Immigration Services is authorized to implement
innovative pilot initiatives to eliminate any remain-
ing backlog in the processing of immigration benefit
applications, and to prevent any backlog in the proc-
essing of such applications from recurring, in ac-
cordance 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, trans-
ferring personnel to focus on areas with the largest
potential for backlog, and streamlining paperwork.
(b) TRANSFER
OF
FUNCTIONS
FROM
COMMIS-
SIONER.—There are transferred from the Commissioner
of Immigration and Naturalization to the Director of the
Bureau of Citizenship and Immigration Services the fol-
lowing functions, and all personnel, infrastructure, and
funding provided to the Commissioner in support of such
158
functions immediately before the effective date specified
in section 455:
(1) Adjudications of immigrant visa petitions.
(2) Adjudications of naturalization petitions.
(3) Adjudications of asylum and refugee appli-
cations.
(4) Adjudications performed at service centers.
(5) All other adjudications performed by the
Immigration and Naturalization Service immediately
before the effective date specified in section 455.
(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) making policy recommendations and
performing policy research and analysis on im-
migration services issues; and
(B) coordinating immigration policy issues
with the Chief of Policy and Strategy for the
Bureau of Border Security of the Department.
(d) LEGAL ADVISOR.—
159
(1) IN GENERAL.—There shall be a principal
legal advisor to the Director of the Bureau of Citi-
zenship and Immigration Services.
(2) FUNCTIONS.—The legal advisor shall be re-
sponsible for—
(A) providing specialized legal advice, opin-
ions, determinations, regulations, and any other
assistance to the Director of the Bureau of Citi-
zenship and Immigration Services with respect
to legal matters affecting the Bureau of Citi-
zenship 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.
(e) BUDGET OFFICER.—
(1) IN GENERAL.—There shall be a Budget Of-
ficer for the Bureau of Citizenship and Immigration
Services.
(2) FUNCTIONS.—
(A) IN
GENERAL.—The Budget Officer
shall be responsible for—
(i) formulating and executing the
budget of the Bureau of Citizenship and
Immigration Services;
160
(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.
(f) 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
Citizenship for the Bureau of Citizenship and Immi-
gration Services shall be responsible for promoting
instruction and training on citizenship responsibil-
ities for aliens interested in becoming naturalized
citizens of the United States, including the develop-
ment of educational materials.
SEC. 452. CITIZENSHIP AND IMMIGRATION SERVICES OM-
BUDSMAN.
(a) IN GENERAL.—Within the Department, there
shall be a position of Citizenship and Immigration Services
Ombudsman (in this section referred to as the ‘‘Ombuds-
man’’). The Ombudsman shall report directly to the Dep-
uty Secretary. The Ombudsman shall have a background
in customer service as well as immigration law.
161
(b) FUNCTIONS.—It shall be the function of the
Ombudsman—
(1) to assist individuals and employers in re-
solving problems with the Bureau of Citizenship and
Immigration Services;
(2) to identify areas in which individuals and
employers have problems in dealing with the Bureau
of Citizenship and Immigration Services; and
(3) to the extent possible, to propose changes in
the administrative practices of the Bureau of Citi-
zenship and Immigration Services to mitigate prob-
lems identified under paragraph (2).
(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 House of
Representatives and the Senate on the objectives of
the Office of the Ombudsman for the fiscal year be-
ginning in such calendar year. Any such report shall
contain full and substantive analysis, in addition to
statistical information, and—
(A) shall identify the recommendations the
Office of the Ombudsman has made on improv-
ing services and responsiveness of the Bureau
of Citizenship and Immigration Services;
162
(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 Citizen-
ship and Immigration Services who is respon-
sible for such inaction;
(F) shall contain recommendations for
such administrative action as may be appro-
priate to resolve problems encountered by indi-
viduals and employers, including problems cre-
163
ated 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
paragraph (1) without any prior comment or amend-
ment from the Secretary, Deputy Secretary, Direc-
tor of the Bureau of Citizenship and Immigration
Services, or any other officer or employee of the De-
partment or the Office of Management and Budget.
(d) OTHER RESPONSIBILITIES.—The Ombudsman—
(1) shall monitor the coverage and geographic
allocation of local offices of the Ombudsman;
(2) shall develop guidance to be distributed to
all officers and employees of the Bureau of Citizen-
ship and Immigration Services outlining the criteria
for referral of inquiries to local offices of the Om-
budsman;
(3) shall ensure that the local telephone number
for each local office of the Ombudsman is published
and available to individuals and employers served by
the office; and
164
(4) shall meet regularly with the Director of the
Bureau of Citizenship and Immigration Services to
identify serious service problems and to present rec-
ommendations 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
consult with the appropriate supervisory personnel of
the Bureau of Citizenship and Immigration Services
in carrying out the Ombudsman’s responsibilities
under this subsection.
(f) RESPONSIBILITIES OF BUREAU OF CITIZENSHIP
AND IMMIGRATION SERVICES.—The Director of the Bu-
reau of Citizenship and Immigration Services shall estab-
lish procedures requiring a formal response to all rec-
166
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. 453. PROFESSIONAL RESPONSIBILITY AND QUALITY
REVIEW.
(a) IN GENERAL.—The Director of the Bureau of
Citizenship and Immigration Services shall be responsible
for—
(1) conducting investigations of noncriminal al-
legations of misconduct, corruption, and fraud in-
volving any employee of the Bureau of Citizenship
and Immigration Services that are not subject to in-
vestigation by the Inspector General for the Depart-
ment;
(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
167
to a decision of the Bureau of Citizenship and Immigra-
tion Services, or any of its components, consideration shall
be given to—
(1) the accuracy of the findings of fact and con-
clusions of law used in rendering the decision;
(2) any fraud or misrepresentation associated
with the decision; and
(3) the efficiency with which the decision was
rendered.
SEC. 454. EMPLOYEE DISCIPLINE.
The Director of the Bureau of Citizenship and Immi-
gration Services may, notwithstanding any other provision
of law, impose disciplinary action, including termination
of employment, pursuant to policies and procedures appli-
cable to employees of the Federal Bureau of Investigation,
on any employee of the Bureau of Citizenship and Immi-
gration Services who willfully deceives Congress or agency
leadership on any matter.
SEC. 455. EFFECTIVE DATE.
Notwithstanding section 4, sections 451 through 456,
and the amendments made by such sections, shall take ef-
fect on the date on which the transfer of functions speci-
fied under section 441 takes effect.
168
SEC. 456. TRANSITION.
(a) REFERENCES.—With respect to any function
transferred by this subtitle to, and exercised on or after
the effective date specified in section 455 by, the Director
of the Bureau of Citizenship and Immigration Services,
any reference in any other Federal law, Executive order,
rule, regulation, or delegation of authority, or any docu-
ment 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 Bureau of 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
otherwise provided by law, a Federal official to
whom a function is transferred by this subtitle may,
for purposes of performing the function, exercise all
authorities under any other provision of law that
were available with respect to the performance of
that function to the official responsible for the per-
formance of the function immediately before the ef-
fective date specified in section 455.
(2) TRANSFER
AND
ALLOCATION
OF
APPRO-
PRIATIONS AND PERSONNEL.—The personnel of the
169
Department of Justice employed in connection with
the functions transferred by this subtitle (and func-
tions that the Secretary determines are properly re-
lated to the functions of the Bureau of Citizenship
and Immigration Services), and the assets, liabilities,
contracts, 
property, 
records, 
and 
unexpended
balance of appropriations, authorizations, alloca-
tions, and other funds employed, held, used, arising
from, available to, or to be made available to, the
Immigration and Naturalization Service in connec-
tion with the functions transferred by this subtitle,
subject to section 202 of the Budget and Accounting
Procedures Act of 1950, shall be transferred to the
Director of the Bureau of Citizenship and Immigra-
tion Services for allocation to the appropriate com-
ponent of the Department. Unexpended funds trans-
ferred pursuant to this paragraph shall be used only
for the purposes for which the funds were originally
authorized and appropriated. The Secretary shall
have the right to adjust or realign transfers of funds
and personnel effected pursuant to this subtitle for
a period of 2 years after the effective date specified
in section 455.
170
SEC. 457. FUNDING FOR CITIZENSHIP AND IMMIGRATION
SERVICES.
Section 286(m) of the Immigration and Nationality
Act (8 U.S.C. 1356(m)) is amended by striking ‘‘services,
including the costs of similar services provided without
charge to asylum applicants or other immigrants.’’ and in-
serting ‘‘services.’’.
SEC. 458. BACKLOG ELIMINATION.
Section 204(a)(1) of the Immigration Services and
Infrastructure Improvements Act of 2000 (8 U.S.C.
1573(a)(1)) is amended by striking ‘‘not later than one
year after the date of enactment of this Act;’’ and insert-
ing ‘‘1 year after the date of the enactment of the Home-
land Security Act of 2002;’’.
SEC. 459. REPORT ON IMPROVING IMMIGRATION SERVICES.
(a) IN GENERAL.—The Secretary, not later than 1
year after the effective date of this Act, shall submit to
the Committees on the Judiciary and Appropriations of
the House of Representatives and of the Senate a report
with a plan detailing how the Bureau of Citizenship and
Immigration Services, after the transfer of functions spec-
ified in this subtitle takes effect, will complete efficiently,
fairly, and within a reasonable time, the adjudications de-
scribed in paragraphs (1) through (5) of section 451(b).
(b) CONTENTS.—For each type of adjudication to be
undertaken by the Director of the Bureau of Citizenship
171
and Immigration Services, the report shall include the fol-
lowing:
(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 Secretary considers advis-
able.
(c) CONSULTATION.—In carrying out subsection (a),
the Secretary shall consult with the Secretary of State,
the Secretary of Labor, the Assistant Secretary of the Bu-
reau of Border Security of the Department, and the Direc-
tor of the Executive Office for Immigration Review to de-
termine how to streamline and improve the process for ap-
plying for and making adjudications described in section
451(b) and related processes.
SEC. 460. REPORT ON RESPONDING TO FLUCTUATING
NEEDS.
Not later than 30 days after the date of the enact-
ment of this Act, the Attorney General shall submit to
Congress a report on changes in law, including changes
in authorizations of appropriations and in appropriations,
that are needed to permit the Immigration and Natu-
172
ralization Service, and, after the transfer of functions
specified in this subtitle takes effect, the Bureau of Citi-
zenship and Immigration Services of the Department, to
ensure a prompt and timely response to emergent, unfore-
seen, or impending changes in the number of applications
for immigration benefits, and otherwise to ensure the ac-
commodation of changing immigration service needs.
SEC. 
461. 
APPLICATION 
OF 
INTERNET-BASED 
TECH-
NOLOGIES.
(a) ESTABLISHMENT OF TRACKING SYSTEM.—The
Secretary, not later than 1 year after the effective date
of this Act, in consultation with the Technology Advisory
Committee established under subsection (c), shall estab-
lish an Internet-based system, that will permit a person,
employer, immigrant, or nonimmigrant who has filings
with the Secretary for any benefit under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), access to on-
line information about the processing status of the filing
involved.
(b) FEASIBILITY STUDY FOR ONLINE FILING AND
IMPROVED PROCESSING.—
(1) ONLINE
FILING.—The Secretary, in con-
sultation with the Technology Advisory Committee
established under subsection (c), shall conduct a fea-
sibility study on the online filing of the filings de-
173
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 con-
sider other factors in implementing such a filing sys-
tem, 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 House of Representatives and
the Senate not later than 1 year after the effective
date of this Act.
(c) TECHNOLOGY ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—The Secretary shall es-
tablish, not later than 60 days after the effective
date of this Act, an advisory committee (in this sec-
tion referred to as the ‘‘Technology Advisory Com-
mittee’’) to assist the Secretary 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
174
Judiciary of the House of Representatives and the
Senate.
(2) COMPOSITION.—The Technology Advisory
Committee shall be composed of representatives
from high technology companies capable of estab-
lishing and implementing the system in an expedi-
tious manner, and representatives of persons who
may use the tracking system described in subsection
(a) and the online filing system described in sub-
section (b)(1).
SEC. 462. CHILDREN’S AFFAIRS.
(a) TRANSFER OF FUNCTIONS.—There are trans-
ferred to the Director of the Office of Refugee Resettle-
ment of the Department of Health and Human Services
functions under the immigration laws of the United States
with respect to the care of unaccompanied alien children
that were vested by statute in, or performed by, the Com-
missioner of Immigration and Naturalization (or any offi-
cer, employee, or component of the Immigration and Nat-
uralization Service) immediately before the effective date
specified in subsection (d).
(b) FUNCTIONS.—
(1) IN
GENERAL.—Pursuant to the transfer
made by subsection (a), the Director of the Office of
Refugee Resettlement shall be responsible for—
175
(A) coordinating and implementing the
care and placement of unaccompanied alien
children who are in Federal custody by reason
of their immigration status, including devel-
oping a plan to be submitted to 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 regarding 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
Federal custody by reason of their immigration
status;
(D) implementing the placement deter-
minations;
(E) implementing policies with respect to
the care and placement of unaccompanied alien
children;
176
(F) identifying a sufficient number of
qualified individuals, entities, and facilities to
house unaccompanied alien children;
(G) overseeing the infrastructure and per-
sonnel of facilities in which unaccompanied
alien children reside;
(H) reuniting unaccompanied alien chil-
dren with a parent abroad in appropriate cases;
(I) compiling, updating, and publishing at
least annually a state-by-state list of profes-
sionals or other entities qualified to provide
guardian and attorney representation services
for unaccompanied alien children;
(J) maintaining statistical information and
other data on unaccompanied alien children for
whose care and placement the Director is re-
sponsible, which shall include—
(i) biographical information, such as a
child’s name, gender, date of birth, country
of birth, and country of habitual residence;
(ii) the date on which the child came
into Federal custody by reason of his or
her immigration status;
177
(iii) information relating to the child’s
placement, removal, or release from each
facility in which the child has resided;
(iv) in any case in which the child is
placed in detention or released, an expla-
nation relating to the detention or release;
and
(v) the disposition of any actions in
which the child is the subject;
(K) collecting and compiling statistical in-
formation from the Department of Justice, the
Department of Homeland Security, and the De-
partment of State on each department’s actions
relating to unaccompanied alien children; and
(L) conducting investigations and inspec-
tions of facilities and other entities in which un-
accompanied alien children reside.
(2) COORDINATION WITH OTHER ENTITIES; NO
RELEASE ON OWN RECOGNIZANCE.—In making de-
terminations described in paragraph (1)(C), the Di-
rector of the Office of Refugee Resettlement—
(A) shall consult with appropriate juvenile
justice professionals, the Director of the Bureau
of Citizenship and Immigration Services, and
the Assistant Secretary of the Bureau of Bor-
178
der Security to ensure that such determinations
ensure that unaccompanied alien children de-
scribed in such subparagraph—
(i) are likely to appear for all hearings
or proceedings in which they are involved;
(ii) are protected from smugglers,
traffickers, or others who might seek to
victimize or otherwise engage them in
criminal, harmful, or exploitive activity;
and
(iii) are placed in a setting in which
they not likely to pose a danger to them-
selves or others; and
(B) shall not release such children upon
their own recognizance.
(3) DUTIES WITH RESPECT TO FOSTER CARE.—
In carrying out the duties described in paragraph
(1)(G), the Director of the Office of Refugee Reset-
tlement is encouraged to use the refugee children
foster care system established pursuant to section
412(d) of the Immigration and Nationality Act (8
U.S.C. 1522(d)) for the placement of unaccom-
panied alien children.
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to transfer the responsibility for
179
adjudicating benefit determinations under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.) from the
authority of any official of the Department of Justice, the
Department of Homeland Security, or the Department of
State.
(d) EFFECTIVE DATE.—Notwithstanding section 4,
this section shall take effect on the date on which the
transfer of functions specified under section 441 takes ef-
fect.
(e) REFERENCES.—With respect to any function
transferred by this section, any reference in any other
Federal law, Executive order, rule, regulation, or delega-
tion of authority, or any document of or pertaining to a
component of government from which such function is
transferred—
(1) to the head of such component is deemed to
refer to the Director of the Office of Refugee Reset-
tlement; or
(2) to such component is deemed to refer to the
Office of Refugee Resettlement of the Department of
Health and Human Services.
(f) OTHER TRANSITION ISSUES.—
(1) EXERCISE
OF
AUTHORITIES.—Except as
otherwise provided by law, a Federal official to
whom a function is transferred by this section may,
180
for purposes of performing the function, exercise all
authorities under any other provision of law that
were available with respect to the performance of
that function to the official responsible for the per-
formance of the function immediately before the ef-
fective date specified in subsection (d).
(2) SAVINGS PROVISIONS.—Subsections (a), (b),
and (c) of section 1512 shall apply to a transfer of
functions under this section in the same manner as
such provisions apply to a transfer of functions
under this Act to the Department of Homeland Se-
curity.
(3) TRANSFER
AND
ALLOCATION
OF
APPRO-
PRIATIONS AND PERSONNEL.—The personnel of the
Department of Justice employed in connection with
the functions transferred by this section, and the as-
sets, liabilities, contracts, property, records, and un-
expended balance of appropriations, authorizations,
allocations, and other funds employed, held, used,
arising from, available to, or to be made available to,
the Immigration and Naturalization Service in con-
nection with the functions transferred by this sec-
tion, subject to section 202 of the Budget and Ac-
counting Procedures Act of 1950, shall be trans-
ferred to the Director of the Office of Refugee Re-
181
settlement for allocation to the appropriate compo-
nent of the Department of Health and Human Serv-
ices. Unexpended funds transferred pursuant to this
paragraph shall be used only for the purposes for
which the funds were originally authorized and ap-
propriated.
(g) DEFINITIONS.—As used in this section—
(1) the term ‘‘placement’’ means the placement
of an unaccompanied alien child in either a deten-
tion facility or an alternative to such a facility; and
(2) the term ‘‘unaccompanied alien child’’
means a child who—
(A) has no lawful immigration status in
the United States;
(B) has not attained 18 years of age; and
(C) with respect to whom—
(i) there is no parent or legal guard-
ian in the United States; or
(ii) no parent or legal guardian in the
United States is available to provide care
and physical custody.
182
Subtitle F—General Immigration
Provisions
SEC. 471. ABOLISHMENT OF INS.
(a) IN GENERAL.—The Immigration and Naturaliza-
tion Service of the Department of Justice is abolished.
(b) PROHIBITION.—The authority provided by sec-
tion 1502 may be used to reorganize functions or organi-
zational units within the Bureau of Border Security or the
Bureau of Citizenship and Immigration Services, but may
not be used to recombine the two bureaus into a single
agency or otherwise to combine, join, or consolidate func-
tions or organizational units of the two bureaus with each
other.
SEC. 472. 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;
183
but does not include any person under subpara-
graphs (A)–(G) of section 663(a)(2) of Public Law
104–208 (5 U.S.C. 5597 note);
(2) the term ‘‘covered entity’’ means—
(A) the Immigration and Naturalization
Service;
(B) the Bureau of Border Security of the
Department of Homeland Security; and
(C) the Bureau of Citizenship and Immi-
gration Services of the Department of Home-
land Security; and
(3) the term ‘‘transfer date’’ means the date on
which the transfer of functions specified under sec-
tion 441 takes effect.
(b) STRATEGIC RESTRUCTURING PLAN.—Before the
Attorney General or the Secretary obligates any resources
for voluntary separation incentive payments under this
section, such official shall submit to the appropriate com-
mittees of Congress a strategic restructuring plan, which
shall include—
(1) an organizational chart depicting the cov-
ered entities after their restructuring pursuant to
this Act;
184
(2) a summary description of how the authority
under this section will be used to help carry out that
restructuring; and
(3) 
the 
information 
specified 
in 
section
663(b)(2) of Public Law 104–208 (5 U.S.C. 5597
note).
As used in the preceding sentence, the ‘‘appropriate com-
mittees of Congress’’ are the Committees on Appropria-
tions, Government Reform, and the Judiciary of the
House of Representatives, and the Committees on Appro-
priations, Governmental Affairs, and the Judiciary of the
Senate.
(c) AUTHORITY.—The Attorney General and the Sec-
retary may, to the extent necessary to help carry out their
respective strategic restructuring plan described in sub-
section (b), make voluntary separation incentive payments
to employees. Any such payment—
(1) shall be paid to the employee, in a lump
sum, after the employee has separated from service;
(2) shall be paid from appropriations or funds
available for the payment of basic pay of the em-
ployee;
(3) shall be equal to the lesser of—
185
(A) the amount the employee would be en-
titled to receive under section 5595(c) of title 5,
United States Code; or
(B) an amount not to exceed $25,000, as
determined by the Attorney General or the Sec-
retary;
(4) may not be made except in the case of any
qualifying 
employee 
who 
voluntarily 
separates
(whether by retirement or resignation) before the
end of—
(A) the 3-month period beginning on the
date on which such payment is offered or made
available to such employee; or
(B) the 3-year period beginning on the
date of the enactment of this Act,
whichever occurs first;
(5) shall not be a basis for payment, and shall
not be included in the computation, of any other
type of Government benefit; and
(6) shall not be taken into account in deter-
mining the amount of any severance pay to which
the employee may be entitled under section 5595 of
title 5, United States Code, based on any other sepa-
ration.
186
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE
RETIREMENT FUND.—
(1) IN GENERAL.—In addition to any payments
which it is otherwise required to make, the Depart-
ment of Justice and the Department of Homeland
Security shall, for each fiscal year with respect to
which it makes any voluntary separation incentive
payments under this section, remit to the Office of
Personnel Management for deposit in the Treasury
of the United States to the credit of the Civil Service
Retirement and Disability Fund the amount re-
quired under paragraph (2).
(2) AMOUNT REQUIRED.—The amount required
under this paragraph shall, for any fiscal year, be
the amount under subparagraph (A) or (B), which-
ever is greater.
(A) FIRST METHOD.—The amount under
this subparagraph shall, for any fiscal year, be
equal to the minimum amount necessary to off-
set the additional costs to the retirement sys-
tems under title 5, United States Code (payable
out of the Civil Service Retirement and Dis-
ability Fund) resulting from the voluntary sepa-
ration of the employees described in paragraph
187
(3), as determined under regulations of the Of-
fice of Personnel Management.
(B) 
SECOND
METHOD.—The 
amount
under this subparagraph shall, for any fiscal
year, be equal to 45 percent of the sum total
of the final basic pay of the employees described
in paragraph (3).
(3) COMPUTATIONS TO BE BASED ON SEPARA-
TIONS
OCCURRING
IN
THE
FISCAL
YEAR
IN-
VOLVED.—The employees described in this para-
graph are those employees who receive a voluntary
separation incentive payment under this section
based on their separating 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 basic pay, and, if last serving on other than a
full-time basis, with appropriate adjustment there-
for.
(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH
THE GOVERNMENT.—An individual who receives a vol-