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Code, is amended by striking the item relating to section
4107 and inserting the following:
‘‘4107. Academic degree training.’’.
SEC. 1332. MODIFICATIONS TO NATIONAL SECURITY EDU-
CATION PROGRAM.
(a) FINDINGS AND POLICIES.—
(1) FINDINGS.—Congress finds that—
(A) the United States Government actively
encourages and financially supports the train-
ing, education, and development of many United
States citizens;
(B) as a condition of some of those sup-
ports, many of those citizens have an obligation
to seek either compensated or uncompensated em-
ployment in the Federal sector; and
(C) it is in the United States national in-
terest to maximize the return to the Nation of
funds invested in the development of such citi-
zens by seeking to employ them in the Federal
sector.
(2) POLICY.—It shall be the policy of the United
States Government to—
(A) establish procedures for ensuring that
United States citizens who have incurred service
obligations as the result of receiving financial
support for education and training from the
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United States Government and have applied for
Federal positions are considered in all recruit-
ment and hiring initiatives of Federal depart-
ments, bureaus, agencies, and offices; and
(B) advertise and open all Federal positions
to United States citizens who have incurred serv-
ice obligations with the United States Govern-
ment as the result of receiving financial support
for education and training from the United
States Government.
(b) FULFILLMENT OF SERVICE REQUIREMENT IF NA-
TIONAL SECURITY POSITIONS ARE UNAVAILABLE.—Section
802(b)(2) of the David L. Boren National Security Edu-
cation Act of 1991 (50 U.S.C. 1902) is amended—
(1) in subparagraph (A), by striking clause (ii)
and inserting the following:
‘‘(ii) if the recipient demonstrates to
the Secretary (in accordance with such reg-
ulations) that no national security position
in an agency or office of the Federal Gov-
ernment having national security respon-
sibilities is available, work in other offices
or agencies of the Federal Government or in
the field of higher education in a discipline
relating to the foreign country, foreign lan-
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guage, area study, or international field of
study for which the scholarship was award-
ed, for a period specified by the Secretary,
which period shall be determined in accord-
ance with clause (i); or’’; and
(2) in subparagraph (B), by striking clause (ii)
and inserting the following:
‘‘(ii) if the recipient demonstrates to
the Secretary (in accordance with such reg-
ulations) that no national security position
is available upon the completion of the de-
gree, work in other offices or agencies of the
Federal Government or in the field of higher
education in a discipline relating to foreign
country, foreign language, area study, or
international field of study for which the
fellowship was awarded, for a period speci-
fied by the Secretary, which period shall be
determined in accordance with clause (i);
and’’.
TITLE XIV—ARMING PILOTS
AGAINST TERRORISM
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Arming Pilots Against
Terrorism Act’’.
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SEC. 1402. FEDERAL FLIGHT DECK OFFICER PROGRAM.
(a) IN GENERAL.—Subchapter I of chapter 449 of title
49, United States Code, is amended by adding at the end
the following:
‘‘§ 44921. Federal flight deck officer program
‘‘(a) ESTABLISHMENT.—The Under Secretary of
Transportation for Security shall establish a program to
deputize volunteer pilots of air carriers providing passenger
air transportation or intrastate passenger air transpor-
tation as Federal law enforcement officers to defend the
flight decks of aircraft of such air carriers against acts of
criminal violence or air piracy. Such officers shall be
known as ‘Federal flight deck officers’.
‘‘(b) PROCEDURAL REQUIREMENTS.—
‘‘(1) IN
GENERAL.—Not later than 3 months
after the date of enactment of this section, the Under
Secretary shall establish procedural requirements to
carry out the program under this section.
‘‘(2) COMMENCEMENT OF PROGRAM.—Beginning
3 months after the date of enactment of this section,
the Under Secretary shall begin the process of train-
ing and deputizing pilots who are qualified to be Fed-
eral flight deck officers as Federal flight deck officers
under the program.
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‘‘(3) ISSUES
TO
BE
ADDRESSED.—The proce-
dural requirements established under paragraph (1)
shall address the following issues:
‘‘(A) The type of firearm to be used by a
Federal flight deck officer.
‘‘(B) The type of ammunition to be used by
a Federal flight deck officer.
‘‘(C) The standards and training needed to
qualify and requalify as a Federal flight deck of-
ficer.
‘‘(D) The placement of the firearm of a Fed-
eral flight deck officer on board the aircraft to
ensure both its security and its ease of retrieval
in an emergency.
‘‘(E) An analysis of the risk of catastrophic
failure of an aircraft as a result of the discharge
(including an accidental discharge) of a firearm
to be used in the program into the avionics, elec-
trical systems, or other sensitive areas of the air-
craft.
‘‘(F) The division of responsibility between
pilots in the event of an act of criminal violence
or air piracy if only 1 pilot is a Federal flight
deck officer and if both pilots are Federal flight
deck officers.
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‘‘(G) Procedures for ensuring that the fire-
arm of a Federal flight deck officer does not leave
the cockpit if there is a disturbance in the pas-
senger cabin of the aircraft or if the pilot leaves
the cockpit for personal reasons.
‘‘(H) Interaction between a Federal flight
deck officer and a Federal air marshal on board
the aircraft.
‘‘(I) The process for selection of pilots to
participate in the program based on their fitness
to participate in the program, including whether
an additional background check should be re-
quired 
beyond 
that 
required 
by 
section
44936(a)(1).
‘‘(J) Storage and transportation of firearms
between flights, including international flights,
to ensure the security of the firearms, focusing
particularly on whether such security would be
enhanced by requiring storage of the firearm at
the airport when the pilot leaves the airport to
remain overnight away from the pilot’s base air-
port.
‘‘(K) Methods for ensuring that security
personnel will be able to identify whether a pilot
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is authorized to carry a firearm under the pro-
gram.
‘‘(L) Methods for ensuring that pilots (in-
cluding Federal flight deck officers) will be able
to identify whether a passenger is a law enforce-
ment officer who is authorized to carry a firearm
aboard the aircraft.
‘‘(M) Any other issues that the Under Sec-
retary considers necessary.
‘‘(N) The Under Secretary’s decisions re-
garding the methods for implementing each of
the foregoing procedural requirements shall be
subject to review only for abuse of discretion.
‘‘(4) PREFERENCE.—In selecting pilots to par-
ticipate in the program, the Under Secretary shall
give preference to pilots who are former military or
law enforcement personnel.
‘‘(5) 
CLASSIFIED
INFORMATION.—Notwith-
standing section 552 of title 5 but subject to section
40119 of this title, information developed under para-
graph (3)(E) shall not be disclosed.
‘‘(6) NOTICE
TO
CONGRESS.—The Under Sec-
retary shall provide notice to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce,
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Science, and Transportation of the Senate after com-
pleting the analysis required by paragraph (3)(E).
‘‘(7) MINIMIZATION OF RISK.—If the Under Sec-
retary determines as a result of the analysis under
paragraph (3)(E) that there is a significant risk of
the catastrophic failure of an aircraft as a result of
the discharge of a firearm, the Under Secretary shall
take such actions as may be necessary to minimize
that risk.
‘‘(c) TRAINING, SUPERVISION, AND EQUIPMENT.—
‘‘(1) IN GENERAL.—The Under Secretary shall
only be obligated to provide the training, supervision,
and equipment necessary for a pilot to be a Federal
flight deck officer under this section at no expense to
the pilot or the air carrier employing the pilot.
‘‘(2) TRAINING.—
‘‘(A) IN
GENERAL.—The Under Secretary
shall base the requirements for the training of
Federal flight deck officers under subsection (b)
on the training standards applicable to Federal
air marshals; except that the Under Secretary
shall take into account the differing roles and re-
sponsibilities of Federal flight deck officers and
Federal air marshals.
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‘‘(B) ELEMENTS.—The training of a Fed-
eral flight deck officer shall include, at a min-
imum, the following elements:
‘‘(i) Training to ensure that the officer
achieves the level of proficiency with a fire-
arm required under subparagraph (C)(i).
‘‘(ii) Training to ensure that the officer
maintains exclusive control over the officer’s
firearm at all times, including training in
defensive maneuvers.
‘‘(iii) Training to assist the officer in
determining when it is appropriate to use
the officer’s firearm and when it is appro-
priate to use less than lethal force.
‘‘(C) TRAINING IN USE OF FIREARMS.—
‘‘(i) STANDARD.—In order to be depu-
tized as a Federal flight deck officer, a pilot
must achieve a level of proficiency with a
firearm that is required by the Under Sec-
retary. Such level shall be comparable to the
level of proficiency required of Federal air
marshals.
‘‘(ii) CONDUCT
OF
TRAINING.—The
training of a Federal flight deck officer in
the use of a firearm may be conducted by
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the Under Secretary or by a firearms train-
ing facility approved by the Under Sec-
retary.
‘‘(iii) REQUALIFICATION.—The Under
Secretary shall require a Federal flight deck
officer to requalify to carry a firearm under
the program. Such requalification shall
occur at an interval required by the Under
Secretary.
‘‘(d) DEPUTIZATION.—
‘‘(1) IN GENERAL.—The Under Secretary may
deputize, as a Federal flight deck officer under this
section, a pilot who submits to the Under Secretary
a request to be such an officer and whom the Under
Secretary determines is qualified to be such an officer.
‘‘(2) QUALIFICATION.—A pilot is qualified to be
a Federal flight deck officer under this section if—
‘‘(A) the pilot is employed by an air car-
rier;
‘‘(B) the Under Secretary determines (in the
Under Secretary’s discretion) that the pilot meets
the standards established by the Under Secretary
for being such an officer; and
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‘‘(C) the Under Secretary determines that
the pilot has completed the training required by
the Under Secretary.
‘‘(3) DEPUTIZATION BY OTHER FEDERAL AGEN-
CIES.—The Under Secretary may request another
Federal agency to deputize, as Federal flight deck offi-
cers under this section, those pilots that the Under
Secretary determines are qualified to be such officers.
‘‘(4) REVOCATION.—The Under Secretary may,
(in the Under Secretary’s discretion) revoke the depu-
tization of a pilot as a Federal flight deck officer if
the Under Secretary finds that the pilot is no longer
qualified to be such an officer.
‘‘(e) COMPENSATION.—Pilots participating in the pro-
gram under this section shall not be eligible for compensa-
tion from the Federal Government for services provided as
a Federal flight deck officer. The Federal Government and
air carriers shall not be obligated to compensate a pilot for
participating in the program or for the pilot’s training or
qualification and requalification to carry firearms under
the program.
‘‘(f) AUTHORITY TO CARRY FIREARMS.—
‘‘(1) IN GENERAL.—The Under Secretary shall
authorize a Federal flight deck officer to carry a fire-
arm while engaged in providing air transportation or
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intrastate air transportation. Notwithstanding sub-
section (c)(1), the officer may purchase a firearm and
carry that firearm aboard an aircraft of which the of-
ficer is the pilot in accordance with this section if the
firearm is of a type that may be used under the pro-
gram.
‘‘(2) PREEMPTION.—Notwithstanding any other
provision of Federal or State law, a Federal flight
deck officer, whenever necessary to participate in the
program, may carry a firearm in any State and from
1 State to another State.
‘‘(3) CARRYING
FIREARMS
OUTSIDE
UNITED
STATES.—In consultation with the Secretary of State,
the Under Secretary may take such action as may be
necessary to ensure that a Federal flight deck officer
may carry a firearm in a foreign country whenever
necessary to participate in the program.
‘‘(g) AUTHORITY TO USE FORCE.—Notwithstanding
section 44903(d), the Under Secretary shall prescribe the
standards and circumstances under which a Federal flight
deck officer may use, while the program under this section
is in effect, force (including lethal force) against an indi-
vidual in the defense of the flight deck of an aircraft in
air transportation or intrastate air transportation.
‘‘(h) LIMITATION ON LIABILITY.—
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‘‘(1) LIABILITY OF AIR CARRIERS.—An air car-
rier shall not be liable for damages in any action
brought in a Federal or State court arising out of a
Federal flight deck officer’s use of or failure to use a
firearm.
‘‘(2) LIABILITY OF FEDERAL FLIGHT DECK OFFI-
CERS.—A Federal flight deck officer shall not be liable
for damages in any action brought in a Federal or
State court arising out of the acts or omissions of the
officer in defending the flight deck of an aircraft
against acts of criminal violence or air piracy unless
the officer is guilty of gross negligence or willful mis-
conduct.
‘‘(3) LIABILITY OF FEDERAL GOVERNMENT.—For
purposes of an action against the United States with
respect to an act or omission of a Federal flight deck
officer in defending the flight deck of an aircraft, the
officer shall be treated as an employee of the Federal
Government under chapter 171 of title 28, relating to
tort claims procedure.
‘‘(i) PROCEDURES
FOLLOWING
ACCIDENTAL
DIS-
CHARGES.—If an accidental discharge of a firearm under
the pilot program results in the injury or death of a pas-
senger or crew member on an aircraft, the Under
Secretary—
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‘‘(1) shall revoke the deputization of the Federal
flight deck officer responsible for that firearm if the
Under Secretary determines that the discharge was
attributable to the negligence of the officer; and
‘‘(2) if the Under Secretary determines that a
shortcoming in standards, training, or procedures
was responsible for the accidental discharge, the
Under Secretary may temporarily suspend the pro-
gram until the shortcoming is corrected.
‘‘(j) LIMITATION ON AUTHORITY OF AIR CARRIERS.—
No air carrier shall prohibit or threaten any retaliatory
action against a pilot employed by the air carrier from be-
coming a Federal flight deck officer under this section. No
air carrier shall—
‘‘(1) prohibit a Federal flight deck officer from
piloting an aircraft operated by the air carrier, or
‘‘(2) terminate the employment of a Federal
flight deck officer, solely on the basis of his or her vol-
unteering for or participating in the program under
this section.
‘‘(k) APPLICABILITY.—
‘‘(1) EXEMPTION.—This section shall not apply
to air carriers operating under part 135 of title 14,
Code of Federal Regulations, and to pilots employed
by such carriers to the extent that such carriers and
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pilots are covered by section 135.119 of such title or
any successor to such section.
‘‘(2) PILOT DEFINED.—The term ‘pilot’ means
an individual who has final authority and responsi-
bility for the operation and safety of the flight or, if
more than 1 pilot is required for the operation of the
aircraft or by the regulations under which the flight
is being conducted, the individual designated as sec-
ond in command.’’.
(b) CONFORMING AMENDMENTS.—
(1) CHAPTER ANALYSIS.—The analysis for such
chapter is amended by inserting after the item relat-
ing to section 44920 the following:
‘‘44921.
Federal flight deck officer program.’’.
(2) FLIGHT DECK SECURITY.—Section 128 of the
Aviation and Transportation Security Act (Public
Law 107–71) is repealed.
(c) FEDERAL AIR MARSHAL PROGRAM.—
(1) SENSE
OF
CONGRESS.—It is the sense of
Congress that the Federal air marshal program is
critical to aviation security.
(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this Act, including any amend-
ment made by this Act, shall be construed as pre-
venting the Under Secretary of Transportation for Se-
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curity from implementing and training Federal air
marshals.
SEC. 1403. CREW TRAINING.
(a) IN GENERAL.—Section 44918(e) of title 49, United
States Code, is amended—
(1) by striking ‘‘The Administrator’’ and insert-
ing the following:
‘‘(1) IN GENERAL.—The Under Secretary’’;
(2) by adding at the end the following:
‘‘(2) ADDITIONAL REQUIREMENTS.—In updating
the training guidance, the Under Secretary, in con-
sultation with the Administrator, shall issue a rule
to—
‘‘(A) require both classroom and effective
hands-on situational training in the following
elements of self defense:
‘‘(i) recognizing suspicious activities
and determining the seriousness of an oc-
currence;
‘‘(ii) deterring a passenger who might
present a problem;
‘‘(iii) crew communication and coordi-
nation;
‘‘(iv) the proper commands to give to
passengers and attackers;
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‘‘(v) methods to subdue and restrain an
attacker;
‘‘(vi) use of available items aboard the
aircraft for self-defense;
‘‘(vii) appropriate and effective re-
sponses to defend oneself, including the use
of force against an attacker;
‘‘(viii) use of protective devices as-
signed to crew members (to the extent such
devices are approved by the Administrator
or Under Secretary);
‘‘(ix) the psychology of terrorists to
cope with their behavior and passenger re-
sponses to that behavior;
‘‘(x) how to respond to aircraft maneu-
vers that may be authorized to defend
against an act of criminal violence or air
piracy;
‘‘(B) require training in the proper conduct
of a cabin search, including the duty time re-
quired to conduct the search;
‘‘(C) establish the required number of hours
of training and the qualifications for the train-
ing instructors;
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‘‘(D) establish the intervals, number of
hours, and elements of recurrent training;
‘‘(E) ensure that air carriers provide the
initial training required by this paragraph
within 24 months of the date of enactment of this
subparagraph; and
‘‘(F) ensure that no person is required to
participate in any hands-on training activity
that that person believes will have an adverse
impact on his or her health or safety.
‘‘(3) RESPONSIBILITY OF UNDER SECRETARY.—
(A) CONSULTATION.—In developing the rule under
paragraph (2), the Under Secretary shall consult with
law enforcement personnel and security experts who
have expertise in self-defense training, terrorism ex-
perts, and representatives of air carriers, the provider
of self-defense training for Federal air marshals, flight
attendants, labor organizations representing flight at-
tendants, and educational institutions offering law
enforcement training programs.
‘‘(B) 
DESIGNATION
OF
OFFICIAL.—The
Under Secretary shall designate an official in
the Transportation Security Administration to
be responsible for overseeing the implementation
of the training program under this subsection.
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‘‘(C) NECESSARY RESOURCES AND KNOWL-
EDGE.—The Under Secretary shall ensure that
employees of the Administration responsible for
monitoring the training program have the nec-
essary resources and knowledge.’’; and
(3) by aligning the remainder of the text of
paragraph (1) (as designated by paragraph (1) of this
section) with paragraphs (2) and (3) (as added by
paragraph (2) of this section).
(b) ENHANCE SECURITY MEASURES.—Section 109(a)
of the Aviation and Transportation Security Act (49 U.S.C.
114 note; 115 Stat. 613–614) is amended by adding at the
end the following:
‘‘(9) Require that air carriers provide flight at-
tendants with a discreet, hands-free, wireless method
of communicating with the pilots.’’.
(c) BENEFITS AND RISKS OF PROVIDING FLIGHT AT-
TENDANTS WITH NONLETHAL WEAPONS.—
(1) STUDY.—The Under Secretary of Transpor-
tation for Security shall conduct a study to evaluate
the benefits and risks of providing flight attendants
with nonlethal weapons to aide in combating air pi-
racy and criminal violence on commercial airlines.
(2) REPORT.—Not later than 6 months after the
date of enactment of this Act, the Under Secretary
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shall transmit to Congress a report on the results of
the study.
SEC. 1404. COMMERCIAL AIRLINE SECURITY STUDY.
(a) STUDY.—The Secretary of Transportation shall
conduct a study of the following:
(1) The number of armed Federal law enforce-
ment officers (other than Federal air marshals), who
travel on commercial airliners annually and the fre-
quency of their travel.
(2) The cost and resources necessary to provide
such officers with supplemental training in aircraft
anti-terrorism training that is comparable to the
training that Federal air marshals are provided.
(3) The cost of establishing a program at a Fed-
eral law enforcement training center for the purpose
of providing new Federal law enforcement recruits
with standardized training comparable to the train-
ing that Federal air marshals are provided.
(4) The feasibility of implementing a certifi-
cation program designed for the purpose of ensuring
Federal law enforcement officers have completed the
training described in paragraph (2) and track their
travel over a 6-month period.
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(5) The feasibility of staggering the flights of
such officers to ensure the maximum amount of flights
have a certified trained Federal officer on board.
(b) REPORT.—Not later than 6 months after the date
of enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study. The report
may be submitted in classified and redacted form.
SEC. 1405. AUTHORITY TO ARM FLIGHT DECK CREW WITH
LESS-THAN-LETHAL WEAPONS.
(a) IN GENERAL.—Section 44903(i) of title 49, United
States Code (as redesignated by section 6 of this Act) is
amended by adding at the end the following:
‘‘(3) REQUEST OF AIR CARRIERS TO USE LESS-
THAN-LETHAL WEAPONS.—If, after the date of enact-
ment of this paragraph, the Under Secretary receives
a request from an air carrier for authorization to
allow pilots of the air carrier to carry less-than-lethal
weapons, the Under Secretary shall respond to that
request within 90 days.’’.
(b) CONFORMING AMENDMENTS.—Such section is fur-
ther amended—
(1) in paragraph (1) by striking ‘‘Secretary’’ the
first and third places it appears and inserting
‘‘Under Secretary’’; and
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(2) in paragraph (2) by striking ‘‘Secretary’’
each place it appears and inserting ‘‘Under Sec-
retary’’.
SEC. 1406. TECHNICAL AMENDMENTS.
Section 44903 of title 49, United States Code, is
amended—
(1) by redesignating subsection (i) (relating to
short-term assessment and deployment of emerging se-
curity technologies and procedures) as subsection (j);
(2) by redesignating the second subsection (h)
(relating to authority to arm flight deck crew with
less-than-lethal weapons) as subsection (i); and
(3) by redesignating the third subsection (h) (re-
lating to limitation on liability for acts to thwart
criminal violence for aircraft piracy) as subsection
(k).
TITLE XV—TRANSITION
Subtitle A—Reorganization Plan
SEC. 1501. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘agency’’ includes any entity, orga-
nizational unit, program, or function.
(2) The term ‘‘transition period’’ means the 12-
month period beginning on the effective date of this
Act.
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SEC. 1502. REORGANIZATION PLAN.
(a) SUBMISSION OF PLAN.—Not later than 60 days
after the date of the enactment of this Act, the President
shall transmit to the appropriate congressional committees
a reorganization plan regarding the following:
(1) The transfer of agencies, personnel, assets,
and obligations to the Department pursuant to this
Act.
(2) Any consolidation, reorganization, or stream-
lining of agencies transferred to the Department pur-
suant to this Act.
(b) PLAN ELEMENTS.—The plan transmitted under
subsection (a) shall contain, consistent with this Act, such
elements as the President deems appropriate, including the
following:
(1) Identification of any functions of agencies
transferred to the Department pursuant to this Act
that will not be transferred to the Department under
the plan.
(2) Specification of the steps to be taken by the
Secretary to organize the Department, including the
delegation or assignment of functions transferred to
the Department among officers of the Department in
order to permit the Department to carry out the func-
tions transferred under the plan.
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(3) Specification of the funds available to each
agency that will be transferred to the Department as
a result of transfers under the plan.
(4) Specification of the proposed allocations
within the Department of unexpended funds trans-
ferred in connection with transfers under the plan.
(5) Specification of any proposed disposition of
property, facilities, contracts, records, and other assets
and obligations of agencies transferred under the
plan.
(6) Specification of the proposed allocations
within the Department of the functions of the agencies
and subdivisions that are not related directly to se-
curing the homeland.
(c) MODIFICATION OF PLAN.—The President may, on
the basis of consultations with the appropriate congres-
sional committees, modify or revise any part of the plan
until that part of the plan becomes effective in accordance
with subsection (d).
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—The reorganization plan de-
scribed in this section, including any modifications or
revisions of the plan under subsection (d), shall be-
come effective for an agency on the earlier of—
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(A) the date specified in the plan (or the
plan as modified pursuant to subsection (d)), ex-
cept that such date may not be earlier than 90
days after the date the President has transmitted
the reorganization plan to the appropriate con-
gressional committees pursuant to subsection (a);
or
(B) the end of the transition period.
(2) STATUTORY CONSTRUCTION.—Nothing in this
subsection may be construed to require the transfer of
functions, personnel, records, balances of appropria-
tions, or other assets of an agency on a single date.
(3) SUPERSEDES EXISTING LAW.—Paragraph (1)
shall apply notwithstanding section 905(b) of title 5,
United States Code.
SEC. 
1503. 
REVIEW 
OF 
CONGRESSIONAL 
COMMITTEE
STRUCTURES.
It is the sense of Congress that each House of Congress
should review its committee structure in light of the reorga-
nization of responsibilities within the executive branch by
the establishment of the Department.
Subtitle B—Transitional Provisions
SEC. 1511. TRANSITIONAL AUTHORITIES.
(a) PROVISION OF ASSISTANCE BY OFFICIALS.—Until
the transfer of an agency to the Department, any official
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having authority over or functions relating to the agency
immediately before the effective date of this Act shall pro-
vide to the Secretary such assistance, including the use of
personnel and assets, as the Secretary may request in pre-
paring for the transfer and integration of the agency into
the Department.
(b) SERVICES AND PERSONNEL.—During the transi-
tion period, upon the request of the Secretary, the head of
any executive agency may, on a reimbursable basis, provide
services or detail personnel to assist with the transition.
(c) ACTING OFFICIALS.—(1) During the transition pe-
riod, pending the advice and consent of the Senate to the
appointment of an officer required by this Act to be ap-
pointed by and with such advice and consent, the President
may designate any officer whose appointment was required
to be made by and with such advice and consent and who
was such an officer immediately before the effective date of
this Act (and who continues in office) or immediately before
such designation, to act in such office until the same is filled
as provided in this Act. While so acting, such officers shall
receive compensation at the higher of—
(A) the rates provided by this Act for the respec-
tive offices in which they act; or
(B) the rates provided for the offices held at the
time of designation.
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(2) Nothing in this Act shall be understood to require
the advice and consent of the Senate to the appointment
by the President to a position in the Department of any
officer whose agency is transferred to the Department pur-
suant to this Act and whose duties following such transfer
are germane to those performed before such transfer.
(d) TRANSFER OF PERSONNEL, ASSETS, OBLIGATIONS,
AND FUNCTIONS.—Upon the transfer of an agency to the
Department—
(1) the personnel, assets, and obligations held by
or available in connection with the agency shall be
transferred to the Secretary for appropriate alloca-
tion, subject to the approval of the Director of the Of-
fice of Management and Budget and in accordance
with the provisions of section 1531(a)(2) of title 31,
United States Code; and
(2) the Secretary shall have all functions relating
to the agency that any other official could by law ex-
ercise in relation to the agency immediately before
such transfer, and shall have in addition all functions
vested in the Secretary by this Act or other law.
(e) PROHIBITION ON USE OF TRANSPORTATION TRUST
FUNDS.—
(1) IN
GENERAL.—Notwithstanding any other
provision of this Act, no funds derived from the High-
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way Trust Fund, Airport and Airway Trust Fund,
Inland Waterway Trust Fund, or Harbor Mainte-
nance Trust Fund, may be transferred to, made avail-
able to, or obligated by the Secretary or any other of-
ficial in the Department.
(2) LIMITATION.—This subsection shall not
apply to security-related funds provided to the Fed-
eral Aviation Administration for fiscal years pre-
ceding fiscal year 2003 for (A) operations, (B) facili-
ties and equipment, or (C) research, engineering, and
development.
SEC. 1512. SAVINGS PROVISIONS.
(a) 
COMPLETED
ADMINISTRATIVE
ACTIONS.—(1)
Completed administrative actions of an agency shall not be
affected by the enactment of this Act or the transfer of such
agency to the Department, but shall continue in effect ac-
cording to their terms until amended, modified, superseded,
terminated, set aside, or revoked in accordance with law
by an officer of the United States or a court of competent
jurisdiction, or by operation of law.
(2) For purposes of paragraph (1), the term ‘‘com-
pleted administrative action’’ includes orders, determina-
tions, rules, regulations, personnel actions, permits, agree-
ments, grants, contracts, certificates, licenses, registrations,
and privileges.
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(b) PENDING PROCEEDINGS.—Subject to the authority
of the Secretary under this Act—
(1) pending proceedings in an agency, including
notices of proposed rulemaking, and applications for
licenses, permits, certificates, grants, and financial
assistance, shall continue notwithstanding the enact-
ment of this Act or the transfer of the agency to the
Department, unless discontinued or modified under
the same terms and conditions and to the same extent
that such discontinuance could have occurred if such
enactment or transfer had not occurred; and
(2) orders issued in such proceedings, and ap-
peals therefrom, and payments made pursuant to
such orders, shall issue in the same manner and on
the same terms as if this Act had not been enacted or
the agency had not been transferred, and any such or-
ders shall continue in effect until amended, modified,
superseded, terminated, set aside, or revoked by an of-
ficer of the United States or a court of competent ju-
risdiction, or by operation of law.
(c) PENDING CIVIL ACTIONS.—Subject to the authority
of the Secretary under this Act, pending civil actions shall
continue notwithstanding the enactment of this Act or the
transfer of an agency to the Department, and in such civil
actions, proceedings shall be had, appeals taken, and judg-
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ments rendered and enforced in the same manner and with
the same effect as if such enactment or transfer had not
occurred.
(d) REFERENCES.—References relating to an agency
that is transferred to the Department in statutes, Executive
orders, rules, regulations, directives, or delegations of au-
thority that precede such transfer or the effective date of
this Act shall be deemed to refer, as appropriate, to the De-
partment, to its officers, employees, or agents, or to its cor-
responding organizational units or functions. Statutory re-
porting requirements that applied in relation to such an
agency immediately before the effective date of this Act shall
continue to apply following such transfer if they refer to
the agency by name.
(e) EMPLOYMENT PROVISIONS.—(1) Notwithstanding
the generality of the foregoing (including subsections (a)
and (d)), in and for the Department the Secretary may,
in regulations prescribed jointly with the Director of the
Office of Personnel Management, adopt the rules, proce-
dures, terms, and conditions, established by statute, rule,
or regulation before the effective date of this Act, relating
to employment in any agency transferred to the Depart-
ment pursuant to this Act; and
(2) except as otherwise provided in this Act, or under
authority granted by this Act, the transfer pursuant to this
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Act of personnel shall not alter the terms and conditions
of employment, including compensation, of any employee
so transferred.
(f) STATUTORY REPORTING REQUIREMENTS.—Any
statutory reporting requirement that applied to an agency,
transferred to the Department under this Act, immediately
before the effective date of this Act shall continue to apply
following that transfer if the statutory requirement refers
to the agency by name.
SEC. 1513. TERMINATIONS.
Except as otherwise provided in this Act, whenever all
the functions vested by law in any agency have been trans-
ferred pursuant to this Act, each position and office the in-
cumbent of which was authorized to receive compensation
at the rates prescribed for an office or position at level II,
III, IV, or V, of the Executive Schedule, shall terminate.
SEC. 1514. NATIONAL IDENTIFICATION SYSTEM NOT AU-
THORIZED.
Nothing in this Act shall be construed to authorize the
development of a national identification system or card.
SEC. 1515. CONTINUITY OF INSPECTOR GENERAL OVER-
SIGHT.
Notwithstanding the transfer of an agency to the De-
partment pursuant to this Act, the Inspector General that
exercised oversight of such agency prior to such transfer
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shall continue to exercise oversight of such agency during
the period of time, if any, between the transfer of such agen-
cy to the Department pursuant to this Act and the appoint-
ment of the Inspector General of the Department of Home-
land Security in accordance with section 103(b).
SEC. 1516. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget,
in consultation with the Secretary, is authorized and di-
rected to make such additional incidental dispositions of
personnel, assets, and liabilities held, used, arising from,
available, or to be made available, in connection with the
functions transferred by this Act, as the Director may deter-
mine necessary to accomplish the purposes of this Act.
SEC. 1517. REFERENCE.
With respect to any function transferred by or under
this Act (including under a reorganization plan that be-
comes effective under section 1502) and exercised on or after
the effective date of this Act, reference in any other Federal
law to any department, commission, or agency or any offi-
cer or office the functions of which are so transferred shall
be deemed to refer to the Secretary, other official, or compo-
nent of the Department to which such function is so trans-
ferred.
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TITLE 
XVI—CORRECTIONS 
TO
EXISTING LAW RELATING TO
AIRLINE 
TRANSPORTATION
SECURITY
SEC. 1601. RETENTION OF SECURITY SENSITIVE INFORMA-
TION 
AUTHORITY 
AT 
DEPARTMENT 
OF
TRANSPORTATION.
(a) Section 40119 of title 49, United States Code, is
amended—
(1) in subsection (a)—
(A) by inserting ‘‘and the Administrator of
the Federal Aviation Administration each’’ after
‘‘for Security’’; and
(B) by striking ‘‘criminal violence and air-
craft piracy’’ and inserting ‘‘criminal violence,
aircraft piracy, and terrorism and to ensure se-
curity’’; and
(2) in subsection (b)(1)—
(A) by striking ‘‘, the Under Secretary’’ and
inserting ‘‘and the establishment of a Depart-
ment of Homeland Security, the Secretary of
Transportation’’;
(B) by striking ‘‘carrying out’’ and all that
follows through ‘‘if the Under Secretary’’ and in-
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serting ‘‘ensuring security under this title if the
Secretary of Transportation’’; and
(C) in subparagraph (C) by striking ‘‘the
safety of passengers in transportation’’ and in-
serting ‘‘transportation safety’’.
(b) Section 114 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(s) NONDISCLOSURE OF SECURITY ACTIVITIES.—
‘‘(1) IN GENERAL.—Notwithstanding section 552
of title 5, the Under Secretary shall prescribe regula-
tions prohibiting the disclosure of information ob-
tained or developed in carrying out security under
authority of the Aviation and Transportation Secu-
rity Act (Public Law 107–71) or under chapter 449
of this title if the Under Secretary decides that dis-
closing the information would—
‘‘(A) be an unwarranted invasion of per-
sonal privacy;
‘‘(B) reveal a trade secret or privileged or
confidential commercial or financial informa-
tion; or
‘‘(C) be detrimental to the security of trans-
portation.
‘‘(2) AVAILABILITY
OF
INFORMATION
TO
CON-
GRESS.—Paragraph (1) does not authorize informa-
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tion to be withheld from a committee of Congress au-
thorized to have the information.
‘‘(3) LIMITATION ON TRANSFERABILITY OF DU-
TIES.—Except as otherwise provided by law, the
Under Secretary may not transfer a duty or power
under this subsection to another department, agency,
or instrumentality of the United States.’’.
SEC. 1602. INCREASE IN CIVIL PENALTIES.
Section 46301(a) of title 49, United States Code, is
amended by adding at the end the following:
‘‘(8) AVIATION SECURITY VIOLATIONS.—Notwith-
standing paragraphs (1) and (2) of this subsection,
the maximum civil penalty for violating chapter 449
or another requirement under this title administered
by the Under Secretary of Transportation for Secu-
rity shall be $10,000; except that the maximum civil
penalty shall be $25,000 in the case of a person oper-
ating an aircraft for the transportation of passengers
or property for compensation (except an individual
serving as an airman).’’.
SEC. 1603. ALLOWING UNITED STATES CITIZENS AND
UNITED STATES NATIONALS AS SCREENERS.
Section 44935(e)(2)(A)(ii) of title 49, United States
Code, is amended by striking ‘‘citizen of the United States’’
and inserting ‘‘citizen of the United States or a national
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of the United States, as defined in section 1101(a)(22) of
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(22))’’.
TITLE XVII—CONFORMING AND
TECHNICAL AMENDMENTS
SEC. 1701. INSPECTOR GENERAL ACT OF 1978.
Section 11 of the Inspector General Act of 1978 (Public
Law 95–452) is amended—
(1) by inserting ‘‘Homeland Security,’’ after
‘‘Transportation,’’ each place it appears; and
(2) by striking ‘‘; and’’ each place it appears in
paragraph (1) and inserting ‘‘;’’;
SEC. 1702. EXECUTIVE SCHEDULE.
(a) IN GENERAL.—Title 5, United States Code, is
amended—
(1) in section 5312, by inserting ‘‘Secretary of
Homeland Security.’’ as a new item after ‘‘Affairs.’’;
(2) in section 5313, by inserting ‘‘Deputy Sec-
retary of Homeland Security.’’ as a new item after
‘‘Affairs.’’;
(3) in section 5314, by inserting ‘‘Under Secre-
taries, Department of Homeland Security.’’, ‘‘Director
of the Bureau of Citizenship and Immigration Serv-
ices.’’ as new items after ‘‘Affairs.’’ the third place it
appears;
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(4) in section 5315, by inserting ‘‘Assistant Sec-
retaries, Department of Homeland Security.’’, ‘‘Gen-
eral Counsel, Department of Homeland Security.’’,
‘‘Officer for Civil Rights and Civil Liberties, Depart-
ment of Homeland Security.’’, ‘‘Chief Financial Offi-
cer, Department of Homeland Security.’’, ‘‘Chief In-
formation Officer, Department of Homeland Secu-
rity.’’, and ‘‘Inspector General, Department of Home-
land Security.’’ as new items after ‘‘Affairs.’’ the first
place it appears; and
(5) in section 5315, by striking ‘‘Commissioner
of Immigration and Naturalization, Department of
Justice.’’.
(b) SPECIAL EFFECTIVE DATE.—Notwithstanding sec-
tion 4, the amendment made by subsection (a)(5) shall take
effect on the date on which the transfer of functions specified
under section 441 takes effect.
SEC. 1703. UNITED STATES SECRET SERVICE.
(a) IN GENERAL.—(1) The United States Code is
amended in section 202 of title 3, and in section 3056 of
title 18, by striking ‘‘of the Treasury’’, each place it appears
and inserting ‘‘of Homeland Security’’.
(2) Section 208 of title 3, United States Code, is
amended by striking ‘‘of Treasury’’ each place it appears
and inserting ‘‘of Homeland Security’’.