374
(2) by redesignating subsection (d) as sub-
section (e); and
(3) by inserting after subsection (c), the fol-
lowing:
‘‘(d) ATTORNEY GENERAL.—The Attorney General,
or officers, employees, or agents of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Department of Jus-
tice designated by the Attorney General, shall carry out
the laws referred to in section 80306(b) of this title to
the extent that the violation of this chapter involves con-
traband described in section 80302 (a)(2) or (a)(5).’’.
(s) Section 103 of the Gun Control Act of 1968 (Pub-
lic Law 90–618; 82 Stat. 1226) is amended by striking
‘‘Secretary of the Treasury’’ and inserting ‘‘Attorney Gen-
eral’’.
SEC. 1113. POWERS OF AGENTS OF THE BUREAU OF ALCO-
HOL, TOBACCO, FIREARMS, AND EXPLOSIVES.
Chapter 203 of title 18, United States Code, is
amended by adding the following:
‘‘§ 3051. Powers of Special Agents of Bureau of Alco-
hol, Tobacco, Firearms, and Explosives.
‘‘(a) Special agents of the Bureau of Alcohol, To-
bacco, Firearms, and Explosives, as well as any other in-
vestigator or officer charged by the Attorney General with
the duty of enforcing any of the criminal, seizure, or for-
375
feiture provisions of the laws of the United States, may
carry firearms, serve warrants and subpoenas issued
under the authority of the United States and make arrests
without warrant for any offense against the United States
committed in their presence, or for any felony cognizable
under the laws of the United States if they have reason-
able grounds to believe that the person to be arrested has
committed or is committing such felony.
‘‘(b) Any special agent of the Bureau of Alcohol, To-
bacco, Firearms, and Explosives may, in respect to the
performance of his or her duties, make seizures of prop-
erty subject to forfeiture to the United States.
‘‘(c)(1) Except as provided in paragraphs (2) and (3),
and except to the extent that such provisions conflict with
the provisions of section 983 of title 18, United States
Code, insofar as section 983 applies, the provisions of the
Customs laws relating to—
‘‘(A) the seizure, summary and judicial for-
feiture, and condemnation of property;
‘‘(B) the disposition of such property;
‘‘(C) the remission or mitigation of such for-
feiture; and
‘‘(D) the compromise of claims,
shall apply to seizures and forfeitures incurred, or alleged
to have been incurred, under any applicable provision of
376
law enforced or administered by the Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
‘‘(2) For purposes of paragraph (1), duties that are
imposed upon a customs officer or any other person with
respect to the seizure and forfeiture of property under the
customs laws of the United States shall be performed with
respect to seizures and forfeitures of property under this
section by such officers, agents, or any other person as
may be authorized or designated for that purpose by the
Attorney General.
‘‘(3) Notwithstanding any other provision of law, the
disposition of firearms forfeited by reason of a violation
of any law of the United States shall be governed by the
provisions of section 5872(b) of the Internal Revenue Code
of 1986.’’.
SEC. 1114. EXPLOSIVES TRAINING AND RESEARCH FACIL-
ITY.
(a) ESTABLISHMENT.—There is established within
the Bureau an Explosives Training and Research Facility
at Fort AP Hill, Fredericksburg, Virginia.
(b) PURPOSE.—The facility established under sub-
section (a) shall be utilized to train Federal, State, and
local law enforcement officers to—
(1) investigate bombings and explosions;
377
(2) properly handle, utilize, and dispose of ex-
plosive materials and devices;
(3) train canines on explosive detection; and
(4) conduct research on explosives.
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated such sums as may be necessary to es-
tablish and maintain the facility established under
subsection (a).
(2) AVAILABILITY
OF
FUNDS.—Any amounts
appropriated pursuant to paragraph (1) shall remain
available until expended.
SEC. 1115. PERSONNEL MANAGEMENT DEMONSTRATION
PROJECT.
Notwithstanding any other provision of law, the Per-
sonnel Management Demonstration Project established
under section 102 of title I of Division C of the Omnibus
Consolidated and Emergency Supplemental Appropria-
tions Act for Fiscal Year 1999 (Pub. L. 105–277; 122
Stat. 2681–585) shall be transferred to the Attorney Gen-
eral of the United States for continued use by the Bureau
of Alcohol, Tobacco, Firearms, and Explosives, Depart-
ment of Justice, and the Secretary of the Treasury for
continued use by the Tax and Trade Bureau.
378
Subtitle C—Explosives
SEC. 1121. SHORT TITLE.
This subtitle may be referred to as the ‘‘Safe Explo-
sives Act’’.
SEC. 1122. PERMITS FOR PURCHASERS OF EXPLOSIVES.
(a) DEFINITIONS.—Section 841 of title 18, United
States Code, is amended—
(1) by striking subsection (j) and inserting the
following:
‘‘(j) ‘Permittee’ means any user of explosives
for a lawful purpose, who has obtained either a user
permit or a limited permit under the provisions of
this chapter.’’; and
(2) by adding at the end the following:
‘‘(r) ‘Alien’ means any person who is not a cit-
izen or national of the United States.
‘‘(s) ‘Responsible person’ means an individual
who has the power to direct the management and
policies of the applicant pertaining to explosive ma-
terials.’’.
(b) PERMITS FOR PURCHASE OF EXPLOSIVES.—Sec-
tion 842 of title 18, United States Code, is amended—
(1) in subsection (a)(2), by striking ‘‘and’’ at
the end;
379
(2) by striking subsection (a)(3) and inserting
the following:
‘‘(3) other than a licensee or permittee
knowingly—
‘‘(A) to transport, ship, cause to be trans-
ported, or receive any explosive materials; or
‘‘(B) to distribute explosive materials to
any person other than a licensee or permittee;
or
‘‘(4) who is a holder of a limited permit—
‘‘(A) to transport, ship, cause to be trans-
ported, or receive in interstate or foreign com-
merce any explosive materials; or
‘‘(B) to receive explosive materials from a
licensee or permittee, whose premises are lo-
cated outside the State of residence of the lim-
ited permit holder, or on more than 6 separate
occasions, during the period of the permit, to
receive explosive materials from 1 or more li-
censees or permittees whose premises are lo-
cated within the State of residence of the lim-
ited permit holder.’’; and
(3) by striking subsection (b) and inserting the
following:
380
‘‘(b) It shall be unlawful for any licensee or permittee
to knowingly distribute any explosive materials to any per-
son other than—
‘‘(1) a licensee;
‘‘(2) a holder of a user permit; or
‘‘(3) a holder of a limited permit who is a resi-
dent of the State where distribution is made and in
which the premises of the transferor are located.’’.
(c) LICENSES AND USER PERMITS.—Section 843(a)
of title 18, United States Code, is amended—
(1) in the first sentence—
(A) by inserting ‘‘or limited permit’’ after
‘‘user permit’’; and
(B) by inserting before the period at the
end the following: ‘‘, including the names of and
appropriate identifying information regarding
all employees who will be authorized by the ap-
plicant to possess explosive materials, as well as
fingerprints and a photograph of each respon-
sible person’’;
(2) in the second sentence, by striking ‘‘$200
for each’’ and inserting ‘‘$50 for a limited permit
and $200 for any other’’; and
(3) by striking the third sentence and inserting
‘‘Each license or user permit shall be valid for not
381
longer than 3 years from the date of issuance and
each limited permit shall be valid for not longer than
1 year from the date of issuance. Each license or
permit shall be renewable upon the same conditions
and subject to the same restrictions as the original
license or permit, and upon payment of a renewal
fee not to exceed one-half of the original fee.’’.
(d) CRITERIA FOR APPROVING LICENSES AND PER-
MITS.—Section 843(b) of title 18, United States Code, is
amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) the applicant (or, if the applicant is a corpora-
tion, partnership, or association, each responsible person
with respect to the applicant) is not a person described
in section 842(i);’’;
(2) in paragraph (4)—
(A) by inserting ‘‘(A) the Secretary verifies
by inspection or, if the application is for an
original limited permit or the first or second re-
newal of such a permit, by such other means as
the Secretary determines appropriate, that’’ be-
fore ‘‘the applicant’’; and
(B) by adding at the end the following:
382
‘‘(B) subparagraph (A) shall not apply to
an applicant for the renewal of a limited permit
if the Secretary has verified, by inspection with-
in the preceding 3 years, the matters described
in subparagraph (A) with respect to the appli-
cant; and’’;
(3) in paragraph (5), by striking the period at
the end and inserting a semicolon; and
(4) by adding at the end the following:
‘‘(6) none of the employees of the applicant who
will be authorized by the applicant to possess explo-
sive materials is any person described in section
842(i); and
‘‘(7) in the case of a limited permit, the appli-
cant has certified in writing that the applicant will
not receive explosive materials on more than 6 sepa-
rate occasions during the 12-month period for which
the limited permit is valid.’’.
(e) APPLICATION APPROVAL.—Section 843(c) of title
18, United States Code, is amended by striking ‘‘forty-
five days’’ and inserting ‘‘90 days for licenses and per-
mits,’’.
(f) INSPECTION AUTHORITY.—Section 843(f) of title
18, United States Code, is amended—
(1) in the first sentence—
383
(A) by striking ‘‘permittees’’ and inserting
‘‘holders of user permits’’; and
(B) by inserting ‘‘licensees and permittees’’
before ‘‘shall submit’’;
(2) in the second sentence, by striking ‘‘per-
mittee’’ the first time it appears and inserting ‘‘hold-
er of a user permit’’; and
(3) by adding at the end the following: ‘‘The
Secretary may inspect the places of storage for ex-
plosive materials of an applicant for a limited permit
or, at the time of renewal of such permit, a holder
of a limited permit, only as provided in subsection
(b)(4).
(g) POSTING OF PERMITS.—Section 843(g) of title
18, United States Code, is amended by inserting ‘‘user’’
before ‘‘permits’’.
(h) BACKGROUND CHECKS; CLEARANCES.—Section
843 of title 18, United States Code, is amended by adding
at the end the following:
‘‘(h)(1) If the Secretary receives, from an employer,
the name and other identifying information of a respon-
sible person or an employee who will be authorized by the
employer to possess explosive materials in the course of
employment with the employer, the Secretary shall deter-
mine whether the responsible person or employee is one
384
of the persons described in any paragraph of section
842(i). In making the determination, the Secretary may
take into account a letter or document issued under para-
graph (2).
‘‘(2)(A) If the Secretary determines that the respon-
sible person or the employee is not one of the persons de-
scribed in any paragraph of section 842(i), the Secretary
shall notify the employer in writing or electronically of the
determination and issue, to the responsible person or em-
ployee, a letter of clearance, which confirms the deter-
mination.
‘‘(B) If the Secretary determines that the responsible
person or employee is one of the persons described in any
paragraph of section 842(i), the Secretary shall notify the
employer in writing or electronically of the determination
and issue to the responsible person or the employee, as
the case may be, a document that—
‘‘(i) confirms the determination;
‘‘(ii) explains the grounds for the determina-
tion;
‘‘(iii) provides information on how the disability
may be relieved; and
‘‘(iv) explains how the determination may be
appealed.’’.
(i) EFFECTIVE DATE.—
385
(1) IN GENERAL.—The amendments made by
this section shall take effect 180 days after the date
of enactment of this Act.
(2) EXCEPTION.—Notwithstanding any provi-
sion of this Act, a license or permit issued under
section 843 of title 18, United States Code, before
the date of enactment of this Act, shall remain valid
until that license or permit is revoked under section
843(d) or expires, or until a timely application for
renewal is acted upon.
SEC. 1123. PERSONS PROHIBITED FROM RECEIVING OR
POSSESSING EXPLOSIVE MATERIALS.
(a) DISTRIBUTION OF EXPLOSIVES.—Section 842(d)
of title 18, United States Code, is amended—
(1) in paragraph (5), by striking ‘‘or’’ at the
end;
(2) in paragraph (6), by striking the period at
the end and inserting ‘‘or who has been committed
to a mental institution;’’; and
(3) by adding at the end the following:
‘‘(7) is an alien, other than an alien who—
‘‘(A) is lawfully admitted for permanent
residence (as defined in section 101 (a)(20) of
the Immigration and Nationality Act); or
386
‘‘(B) is in lawful nonimmigrant status, is
a refugee admitted under section 207 of the
Immigration and Nationality Act (8 U.S.C.
1157), or is in asylum status under section 208
of the Immigration and Nationality Act (8
U.S.C. 1158), and—
‘‘(i) is a foreign law enforcement offi-
cer of a friendly foreign government, as de-
termined by the Secretary in consultation
with the Secretary of State, entering the
United States on official law enforcement
business, and the shipping, transporting,
possession, or receipt of explosive materials
is in furtherance of this official law en-
forcement business;
‘‘(ii) is a person having the power to
direct or cause the direction of the man-
agement and policies of a corporation,
partnership, or association licensed pursu-
ant to section 843(a), and the shipping,
transporting, possession, or receipt of ex-
plosive materials is in furtherance of such
power;
‘‘(iii) is a member of a North Atlantic
Treaty Organization (NATO) or other
387
friendly foreign military force, as deter-
mined by the Secretary in consultation
with the Secretary of Defense, (whether or
not admitted in a nonimmigrant status)
who is present in the United States under
military orders for training or other mili-
tary purpose authorized by the United
States, and the shipping, transporting,
possession, or receipt of explosive materials
is in furtherance of the military purpose;
or
‘‘(iv) is lawfully present in the United
States in cooperation with the Director of
Central Intelligence, and the shipment,
transportation, receipt, or possession of the
explosive materials is in furtherance of
such cooperation;
‘‘(8) has been discharged from the armed forces
under dishonorable conditions;
‘‘(9) having been a citizen of the United States,
has renounced the citizenship of that person.’’.
(b) POSSESSION OF EXPLOSIVE MATERIALS.—Sec-
tion 842(i) of title 18, United States Code, is amended—
(1) in paragraph (3), by striking ‘‘or’’ at the
end; and
388
(2) by inserting after paragraph (4) the fol-
lowing:
‘‘(5) who is an alien, other than an alien who—
‘‘(A) is lawfully admitted for permanent
residence (as that term is defined in section
101(a)(20) of the Immigration and Nationality
Act); or
‘‘(B) is in lawful nonimmigrant status, is
a refugee admitted under section 207 of the
Immigration and Nationality Act (8 U.S.C.
1157), or is in asylum status under section 208
of the Immigration and Nationality Act (8
U.S.C. 1158), and—
‘‘(i) is a foreign law enforcement offi-
cer of a friendly foreign government, as de-
termined by the Secretary in consultation
with the Secretary of State, entering the
United States on official law enforcement
business, and the shipping, transporting,
possession, or receipt of explosive materials
is in furtherance of this official law en-
forcement business;
‘‘(ii) is a person having the power to
direct or cause the direction of the man-
agement and policies of a corporation,
389
partnership, or association licensed pursu-
ant to section 843(a), and the shipping,
transporting, possession, or receipt of ex-
plosive materials is in furtherance of such
power;
‘‘(iii) is a member of a North Atlantic
Treaty Organization (NATO) or other
friendly foreign military force, as deter-
mined by the Secretary in consultation
with the Secretary of Defense, (whether or
not admitted in a nonimmigrant status)
who is present in the United States under
military orders for training or other mili-
tary purpose authorized by the United
States, and the shipping, transporting,
possession, or receipt of explosive materials
is in furtherance of the military purpose;
or
‘‘(iv) is lawfully present in the United
States in cooperation with the Director of
Central Intelligence, and the shipment,
transportation, receipt, or possession of the
explosive materials is in furtherance of
such cooperation;
390
‘‘(6) who has been discharged from the armed
forces under dishonorable conditions;
‘‘(7) who, having been a citizen of the United
States, has renounced the citizenship of that per-
son’’; and
(3) by inserting ‘‘or affecting’’ before ‘‘inter-
state’’ each place that term appears.
SEC. 1124. REQUIREMENT TO PROVIDE SAMPLES OF EX-
PLOSIVE MATERIALS AND AMMONIUM NI-
TRATE.
Section 843 of title 18, United States Code, as
amended by this Act, is amended by adding at the end
the following:
‘‘(i) FURNISHING OF SAMPLES.—
‘‘(1) IN
GENERAL.—Licensed manufacturers
and licensed importers and persons who manufac-
ture or import explosive materials or ammonium ni-
trate shall, when required by letter issued by the
Secretary, furnish—
‘‘(A) samples of such explosive materials or
ammonium nitrate;
‘‘(B) information on chemical composition
of those products; and
‘‘(C) any other information that the Sec-
retary determines is relevant to the identifica-
391
tion of the explosive materials or to identifica-
tion of the ammonium nitrate.
‘‘(2) REIMBURSEMENT.—The Secretary shall,
by regulation, authorize reimbursement of the fair
market value of samples furnished pursuant to this
subsection, as well as the reasonable costs of ship-
ment.’’.
SEC. 1125. DESTRUCTION OF PROPERTY OF INSTITUTIONS
RECEIVING 
FEDERAL 
FINANCIAL 
ASSIST-
ANCE.
Section 844(f)(1) of title 18, United States Code, is
amended by inserting before the word ‘‘shall’’ the fol-
lowing: ‘‘or any institution or organization receiving Fed-
eral financial assistance,’’.
SEC. 1126. RELIEF FROM DISABILITIES.
Section 845(b) of title 18, United States Code, is
amended to read as follows:
‘‘(b)(1) A person who is prohibited from shipping,
transporting, receiving, or possessing any explosive under
section 842(i) may apply to the Secretary for relief from
such prohibition.
‘‘(2) The Secretary may grant the relief requested
under paragraph (1) if the Secretary determines that the
circumstances regarding the applicability of section 842(i),
and the applicant’s record and reputation, are such that
392
the applicant will not be likely to act in a manner dan-
gerous to public safety and that the granting of such relief
is not contrary to the public interest.
‘‘(3) A licensee or permittee who applies for relief,
under this subsection, from the disabilities incurred under
this chapter as a result of an indictment for or conviction
of a crime punishable by imprisonment for a term exceed-
ing 1 year shall not be barred by such disability from fur-
ther operations under the license or permit pending final
action on an application for relief filed pursuant to this
section.’’.
SEC. 1127. THEFT REPORTING REQUIREMENT.
Section 844 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(p) THEFT REPORTING REQUIREMENT.—
‘‘(1) IN GENERAL.—A holder of a license or
permit who knows that explosive materials have been
stolen from that licensee or permittee, shall report
the theft to the Secretary not later than 24 hours
after the discovery of the theft.
‘‘(2) PENALTY.—A holder of a license or permit
who does not report a theft in accordance with para-
graph (1), shall be fined not more than $10,000, im-
prisoned not more than 5 years, or both.’’.
393
SEC. 1128. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
necessary to carry out this subtitle and the amendments
made by this subtitle.
TITLE XII—AIRLINE WAR RISK
INSURANCE LEGISLATION
SEC. 1201. AIR CARRIER LIABILITY FOR THIRD PARTY
CLAIMS ARISING OUT OF ACTS OF TER-
RORISM.
Section 44303 of title 49, United States Code, is
amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The
Secretary of Transportation’’;
(2) by moving the text of paragraph (2) of sec-
tion 201(b) of the Air Transportation Safety and
System Stabilization Act (115 Stat. 235) to the end
and redesignating such paragraph as subsection (b);
(3) in subsection (b) (as so redesignated)—
(A) by striking the subsection heading and
inserting ‘‘AIR CARRIER LIABILITY FOR THIRD
PARTY CLAIMS ARISING OUT OF ACTS OF TER-
RORISM.—’’;
(B) in the first sentence by striking ‘‘the
180-day period following the date of enactment
of this Act, the Secretary of Transportation’’
and inserting ‘‘the period beginning on Sep-
394
tember 22, 2001, and ending on December 31,
2003, the Secretary’’; and
(C) in the last sentence by striking ‘‘this
paragraph’’ and inserting ‘‘this subsection’’.
SEC. 1202. EXTENSION OF INSURANCE POLICIES.
Section 44302 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(f) EXTENSION OF POLICIES.—
‘‘(1) IN GENERAL.—The Secretary shall extend
through August 31, 2003, and may extend through
December 31, 2003, the termination date of any in-
surance policy that the Department of Transpor-
tation issued to an air carrier under subsection (a)
and that is in effect on the date of enactment of this
subsection on no less favorable terms to the air car-
rier than existed on June 19, 2002; except that the
Secretary shall amend the insurance policy, subject
to such terms and conditions as the Secretary may
prescribe, to add coverage for losses or injuries to
aircraft hulls, passengers, and crew at the limits car-
ried by air carriers for such losses and injuries as
of such date of enactment and at an additional pre-
mium comparable to the premium charged for third-
party casualty coverage under such policy.
395
‘‘(2) SPECIAL RULES.—Notwithstanding para-
graph (1)—
‘‘(A) in no event shall the total premium
paid by the air carrier for the policy, as amend-
ed, be more than twice the premium that the
air carrier was paying to the Department of
Transportation for its third party policy as of
June 19, 2002; and
‘‘(B) the coverage in such policy shall
begin with the first dollar of any covered loss
that is incurred.’’.
SEC. 1203. CORRECTION OF REFERENCE.
Effective November 19, 2001, section 147 of the
Aviation and Transportation Security Act (Public Law
107–71) is amended by striking ‘‘(b)’’ and inserting ‘‘(c)’’.
SEC. 1204. REPORT.
Not later than 90 days after the date of enactment
of this Act, the Secretary shall transmit to the Committee
on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives a report that—
(A) evaluates the availability and cost of
commercial war risk insurance for air carriers
and other aviation entities for passengers and
third parties;
396
(B) analyzes the economic effect upon air
carriers and other aviation entities of available
commercial war risk insurance; and
(C) describes the manner in which the De-
partment could provide an alternative means of
providing aviation war risk reinsurance covering
passengers, crew, and third parties through use
of a risk-retention group or by other means.
TITLE XIII—FEDERAL
WORKFORCE IMPROVEMENT
Subtitle A—Chief Human Capital
Officers
SEC. 1301. SHORT TITLE.
This title may be cited as the ‘‘Chief Human Capital
Officers Act of 2002’’.
SEC. 1302. AGENCY CHIEF HUMAN CAPITAL OFFICERS.
(a) IN GENERAL.—Part II of title 5, United States
Code, is amended by inserting after chapter 13 the fol-
lowing:
‘‘CHAPTER 14—AGENCY CHIEF HUMAN
CAPITAL OFFICERS
‘‘Sec.
‘‘1401. Establishment of agency Chief Human Capital Officers.
‘‘1402. Authority and functions of agency Chief Human Capital Officers.
397
‘‘§ 1401. Establishment of agency Chief Human Cap-
ital Officers
‘‘The head of each agency referred to under para-
graphs (1) and (2) of section 901(b) of title 31 shall ap-
point or designate a Chief Human Capital Officer, who
shall—
‘‘(1) advise and assist the head of the agency
and other agency officials in carrying out the agen-
cy’s responsibilities for selecting, developing, train-
ing, and managing a high-quality, productive work-
force in accordance with merit system principles;
‘‘(2) implement the rules and regulations of the
President and the Office of Personnel Management
and the laws governing the civil service within the
agency; and
‘‘(3) carry out such functions as the primary
duty of the Chief Human Capital Officer.
‘‘§ 1402. Authority and functions of agency Chief
Human Capital Officers
‘‘(a) The functions of each Chief Human Capital Of-
ficer shall include—
‘‘(1) setting the workforce development strategy
of the agency;
‘‘(2) assessing workforce characteristics and fu-
ture needs based on the agency’s mission and stra-
tegic plan;
398
‘‘(3) aligning the agency’s human resources
policies and programs with organization mission,
strategic goals, and performance outcomes;
‘‘(4) developing and advocating a culture of
continuous learning to attract and retain employees
with superior abilities;
‘‘(5) 
identifying 
best 
practices 
and
benchmarking studies, and
‘‘(6) applying methods for measuring intellec-
tual capital and identifying links of that capital to
organizational performance and growth.
‘‘(b) In addition to the authority otherwise provided
by this section, each agency Chief Human Capital
Officer—
‘‘(1) shall have access to all records, reports,
audits, reviews, documents, papers, recommenda-
tions, or other material that—
‘‘(A) are the property of the agency or are
available to the agency; and
‘‘(B) relate to programs and operations
with respect to which that agency Chief Human
Capital Officer has responsibilities under this
chapter; and
‘‘(2) may request such information or assist-
ance as may be necessary for carrying out the duties
399
and responsibilities provided by this chapter from
any Federal, State, or local governmental entity.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of chapters for chapters for part II of title 5,
United States Code, is amended by inserting after the
item relating to chapter 13 the following:
‘‘14. Agency Chief Human Capital Officers ............................. 1401’’.
SEC. 1303. CHIEF HUMAN CAPITAL OFFICERS COUNCIL.
(a) ESTABLISHMENT.—There is established a Chief
Human Capital Officers Council, consisting of—
(1) the Director of the Office of Personnel
Management, who shall act as chairperson of the
Council;
(2) the Deputy Director for Management of the
Office of Management and Budget, who shall act as
vice chairperson of the Council; and
(3) the Chief Human Capital Officers of Execu-
tive departments and any other members who are
designated by the Director of the Office of Personnel
Management.
(b) FUNCTIONS.—The Chief Human Capital Officers
Council shall meet periodically to advise and coordinate
the activities of the agencies of its members on such mat-
ters as modernization of human resources systems, im-
proved quality of human resources information, and legis-
400
lation affecting human resources operations and organiza-
tions.
(c) EMPLOYEE LABOR ORGANIZATIONS AT MEET-
INGS.—The Chief Human Capital Officers Council shall
ensure that representatives of Federal employee labor or-
ganizations are present at a minimum of 1 meeting of the
Council each year. Such representatives shall not be mem-
bers of the Council.
(d) ANNUAL REPORT.—Each year the Chief Human
Capital Officers Council shall submit a report to Congress
on the activities of the Council.
SEC. 1304. STRATEGIC HUMAN CAPITAL MANAGEMENT.
Section 1103 of title 5, United States Code, is
amended by adding at the end the following:
‘‘(c)(1) The Office of Personnel Management shall
design a set of systems, including appropriate metrics, for
assessing the management of human capital by Federal
agencies.
‘‘(2) The systems referred to under paragraph (1)
shall be defined in regulations of the Office of Personnel
Management and include standards for—
‘‘(A)(i) aligning human capital strategies of
agencies with the missions, goals, and organizational
objectives of those agencies; and
401
‘‘(ii) integrating those strategies into the budget
and strategic plans of those agencies;
‘‘(B) closing skill gaps in mission critical occu-
pations;
‘‘(C) ensuring continuity of effective leadership
through implementation of recruitment, develop-
ment, and succession plans;
‘‘(D) sustaining a culture that cultivates and
develops a high performing workforce;
‘‘(E) developing and implementing a knowledge
management strategy supported by appropriate in-
vestment in training and technology; and
‘‘(F) holding managers and human resources
officers accountable for efficient and effective human
resources management in support of agency missions
in accordance with merit system principles.’’.
SEC. 1305. EFFECTIVE DATE.
This subtitle shall take effect 180 days after the date
of enactment of this Act.
402
Subtitle B—Reforms Relating to
Federal Human Capital Manage-
ment
SEC. 1311. INCLUSION OF AGENCY HUMAN CAPITAL STRA-
TEGIC PLANNING IN PERFORMANCE PLANS
AND PROGRAMS PERFORMANCE REPORTS.
(a) PERFORMANCE PLANS.—Section 1115 of title 31,
United States Code, is amended—
(1) in subsection (a), by striking paragraph (3)
and inserting the following:
‘‘(3) provide a description of how the perform-
ance goals and objectives are to be achieved, includ-
ing the operation processes, training, skills and tech-
nology, and the human, capital, information, and
other resources and strategies required to meet
those performance goals and objectives.’’;
(2) by redesignating subsection (f) as sub-
section (g); and
(3) by inserting after subsection (e) the fol-
lowing:
‘‘(f) With respect to each agency with a Chief Human
Capital Officer, the Chief Human Capital Officer shall
prepare that portion of the annual performance plan de-
scribed under subsection (a)(3).’’.
403
(b) PROGRAM PERFORMANCE REPORTS.—Section
1116(d) of title 31, United States Code, is amended—
(1) in paragraph (4), by striking ‘‘and’’ after
the semicolon;
(2) by redesignating paragraph (5) as para-
graph (6); and
(3) by inserting after paragraph (4) the fol-
lowing:
‘‘(5) include a review of the performance goals
and evaluation of the performance plan relative to
the agency’s strategic human capital management;
and’’.
SEC. 1312. REFORM OF THE COMPETITIVE SERVICE HIRING
PROCESS.
(a) IN GENERAL.—Chapter 33 of title 5, United
States Code, is amended—
(1) in section 3304(a)—
(A) in paragraph (1), by striking ‘‘and’’
after the semicolon;
(B) in paragraph (2), by striking the pe-
riod and inserting ‘‘; and’’; and
(C) by adding at the end of the following:
‘‘(3) authority for agencies to appoint, without
regard to the provision of sections 3309 through
3318, candidates directly to positions for which—
404
‘‘(A) public notice has been given; and
‘‘(B) the Office of Personnel Management
has determined that there exists a severe short-
age of candidates or there is a critical hiring
need.
The Office shall prescribe, by regulation, criteria for iden-
tifying such positions and may delegate authority to make
determinations under such criteria.’’; and
(2) by inserting after section 3318 the fol-
lowing:
‘‘§ 3319. Alternative ranking and selection procedures
‘‘(a) The Office, in exercising its authority under sec-
tion 3304, or an agency to which the Office has delegated
examining authority under section 1104(a)(2), may estab-
lish category rating systems for evaluating applicants for
positions in the competitive service, under 2 or more qual-
ity categories based on merit consistent with regulations
prescribed by the Office of Personnel Management, rather
than assigned individual numerical ratings.
‘‘(b) Within each quality category established under
subsection (a), preference-eligibles shall be listed ahead of
individuals who are not preference eligibles. For other
than scientific and professional positions at GS–9 of the
General Schedule (equivalent or higher), qualified pref-
erence-eligibles who have a compensable service-connected
405
disability of 10 percent or more shall be listed in the high-
est quality category.
‘‘(c)(1) An appointing official may select any appli-
cant in the highest quality category or, if fewer than 3
candidates have been assigned to the highest quality cat-
egory, in a merged category consisting of the highest and
the second highest quality categories.
‘‘(2) Notwithstanding paragraph (1), the appointing
official may not pass over a preference-eligible in the same
category from which selection is made, unless the require-
ments of section 3317(b) or 3318(b), as applicable, are
satisfied.
‘‘(d) Each agency that establishes a category rating
system under this section shall submit in each of the 3
years following that establishment, a report to Congress
on that system including information on—
‘‘(1) the number of employees hired under that
system;
‘‘(2) the impact that system has had on the hir-
ing of veterans and minorities, including those who
are American Indian or Alaska Natives, Asian,
Black or African American, and native Hawaiian or
other Pacific Islanders; and
‘‘(3) the way in which managers were trained in
the administration of that system.
406
‘‘(e) The Office of Personnel Management may pre-
scribe such regulations as it considers necessary to carry
out the provisions of this section.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 33 of title 5, United
States Code, is amended by striking the item relating to
section 3319 and inserting the following:
‘‘3319. Alternative ranking and selection procedures.’’.
SEC. 1313. PERMANENT EXTENSION, REVISION, AND EXPAN-
SION OF AUTHORITIES FOR USE OF VOL-
UNTARY SEPARATION INCENTIVE PAY AND
VOLUNTARY EARLY RETIREMENT.
(a) VOLUNTARY
SEPARATION
INCENTIVE
PAY-
MENTS.—
(1) IN GENERAL.—
(A) AMENDMENT
TO
TITLE
5, UNITED
STATES CODE.—Chapter 35 of title 5, United
States Code, is amended by inserting after sub-
chapter I the following:
‘‘SUBCHAPTER II—VOLUNTARY SEPARATION
INCENTIVE PAYMENTS
‘‘§ 3521. Definitions
‘‘In this subchapter, the term—
‘‘(1) ‘agency’ means an Executive agency as de-
fined under section 105; and
‘‘(2) ‘employee’—
407
‘‘(A) means an employee as defined under
section 2105 employed by an agency and an in-
dividual employed by a county committee estab-
lished under section 8(b)(5) of the Soil Con-
servation and Domestic Allotment Act (16
U.S.C. 590h(b)(5)) who—
‘‘(i) is serving under an appointment
without time limitation; and
‘‘(ii) has been currently employed for
a continuous period of at least 3 years;
and
‘‘(B) shall not include—
‘‘(i) a reemployed annuitant under
subchapter III of chapter 83 or 84 or an-
other retirement system for employees of
the Government;
‘‘(ii) an employee having a disability
on the basis of which such employee is or
would be eligible for disability retirement
under subchapter III of chapter 83 or 84
or another retirement system for employees
of the Government.
‘‘(iii) an employee who is in receipt of
a decision notice of involuntary separation
408
for misconduct or unacceptable perform-
ance;
‘‘(iv) an employee who has previously
received any voluntary separation incentive
payment from the Federal Government
under this subchapter or any other author-
ity;
‘‘(v) an employee covered by statutory
reemployment rights who is on transfer
employment with another organization; or
‘‘(vi) any employee who—
‘‘(I) during the 36-month period
preceding the date of separation of
that employee, performed service for
which a student loan repayment ben-
efit was or is to be paid under section
5379;
‘‘(II) during the 24-month period
preceding the date of separation of
that employee, performed service for
which a recruitment or relocation
bonus was or is to be paid under sec-
tion 5753; or
‘‘(III) during the 12-month pe-
riod preceding the date of separation
409
of that employee, performed service
for which a retention bonus was or is
to be paid under section 5754.
‘‘§ 3522. Agency plans; approval
‘‘(a) Before obligating any resources for voluntary
separation incentive payments, the head of each agency
shall submit to the Office of Personnel Management a
plan outlining the intended use of such incentive payments
and a proposed organizational chart for the agency once
such incentive payments have been completed.
‘‘(b) The plan of an agency under subsection (a) shall
include—
‘‘(1) the specific positions and functions to be
reduced or eliminated;
‘‘(2) a description of which categories of em-
ployees will be offered incentives;
‘‘(3) the time period during which incentives
may be paid;
‘‘(4) the number and amounts of voluntary sep-
aration incentive payments to be offered; and
‘‘(5) a description of how the agency will oper-
ate without the eliminated positions and functions.
‘‘(c) The Director of the Office of Personnel Manage-
ment shall review each agency’s plan an may make any
appropriate modifications in the plan, in consultation with
410
the Director of the Office of Management and Budget. A
plan under this section may not be implemented without
the approval of the Directive of the Office of Personnel
Management.
‘‘§ 3523. Authority to provide voluntary separation in-
centive payments
‘‘(a) A voluntary separation incentive payment under
this subchapter may be paid to an employee only as pro-
vided in the plan of an agency established under section
3522.
‘‘(b) A voluntary incentive payment—
‘‘(1) shall be offered to agency employees on the
basis of—
‘‘(A) 1 or more organizational units;
‘‘(B) 1 or more occupational series or lev-
els;
‘‘(C) 1 or more geographical locations;
‘‘(D) skills, knowledge, or other factors re-
lated to a position;
‘‘(E) specific periods of time during which
eligible employees may elect a voluntary incen-
tive payment; or
‘‘(F) any appropriate combination of such
factors;
411
‘‘(2) shall be paid in a lump sum after the em-
ployee’s separation;
‘‘(3) shall be equal to the lesser of—
‘‘(A) an amount equal to the amount the
employee would be entitled to receive under sec-
tion 5595(c) if the employee were entitled to
payment under such section (without adjust-
ment for any previous payment made); or
‘‘(B) an amount determined by the agency
head, not to exceed $25,000;
‘‘(4) may be made only in the case of an em-
ployee who voluntarily separates (whether by retire-
ment or resignation) under this subchapter;
‘‘(5) shall not be a basis for payment, and shall
not be included in the computation, of any other
type of Government benefit;
‘‘(6) shall not be taken into account in deter-
mining the amount of any severance pay to which
the employee may be entitled under section 5595,
based on another other separation; and
‘‘(7) shall be paid from appropriations or funds
available for the payment of the basic pay of the em-
ployee.
412
‘‘§ 3524. Effect of subsequent employment with the
Government
‘‘(a) The term ‘employment’—
‘‘(1) in subsection (b) includes employment
under a personal services contract (or other direct
contract) with the United States Government (other
than an entity in the legislative branch); and
‘‘(2) in subsection (c) does not include employ-
ment under such a contract.
‘‘(b) An individual who has received a voluntary sepa-
ration incentive payment under this subchapter and ac-
cepts any employment for compensation with the Govern-
ment of the United States with 5 years after the date of
the separation on which the payment is based shall be re-
quired to pay, before the individual’s first day of employ-
ment, the entire amount of the incentive payment to the
agency that paid the incentive payment.
‘‘(c)(1) If the employment under this section is with
an agency, other than the General Accounting Office, the
United States Postal Service, or the Postal Rate Commis-
sion, the Director of the Office of Personnel Management
may, at the request of the head of the agency, may waive
the repayment if—
‘‘(A) the individual involved possesses unique
abilities and is the only qualified applicant available
for the position; or
413
‘‘(B) in case of an emergency involving a direct
threat to life or property, the individual—
‘‘(i) has skills directly related to resolving
the emergency; and
‘‘(ii) will serve on a temporary basis only
so long as that individual’s services are made
necessary by the emergency.
‘‘(2) If the employment under this section is with an
entity in the legislative branch, the head of the entity or
the appointing official may waive the repayment if the in-
dividual involved possesses unique abilities and is the only
qualified applicant available for the position.
‘‘(3) If the employment under this section is with the
judicial branch, the Director of the Administrative Office
of the United States Courts may waive the repayment if
the individual involved possesses unique abilities and is the
only qualified applicant available for the position.
‘‘§ 3525. Regulations
‘‘The Office of Personnel Management may prescribe
regulations to carry out this subchapter.’’.
(B) TECHNICAL AND CONFORMING AMEND-
MENTS.—Chapter 35 of title 5, United States
Code, is amended—
(i) by striking the chapter heading
and inserting the following:
414
‘‘CHAPTER 35—RETENTION PREFERENCE,
VOLUNTARY SEPARATION INCENTIVE
PAYMENTS, RESTORATION, AND RE-
EMPLOYMENT’’;
and
(ii) in the table of sections by insert-
ing after the item relating to section 3504
the following:
‘‘SUBCHAPTER II—VOLUNTARY SEPARATION INCENTIVE PAYMENTS
‘‘3521. Definitions.
‘‘3522. Agency plans; approval.
‘‘3523. Authority to provide voluntary separation incentive pay-
ments.
‘‘3524. Effect of subsequent employment with the Government.
‘‘3525. Regulations.’’.
(2) ADMINISTRATIVE OFFICE OF THE UNITED
STATES COURTS.—The Director of the Administra-
tive Office of the United States Courts may, by reg-
ulation, establish a program substantially similar to
the program established under paragraph (1) for in-
dividuals serving in the judicial branch.
(3) CONTINUATION
OF
OTHER
AUTHORITY.—
Any agency exercising any voluntary separation in-
centive authority in effect on the effective date of
this subsection may continue to offer voluntary sepa-
ration incentives consistent with that authority until
that authority expires.
415
(4) EFFECTIVE
DATE.—This subsection shall
take effect 60 days after the date of enactment of
this Act.
(b) FEDERAL EMPLOYEE VOLUNTARY EARLY RE-
TIREMENT.—
(1) CIVIL SERVICE RETIREMENT SYSTEM.—Sec-
tion 8336(d)(2) of title 5, United States Code, is
amended to read as follows:
‘‘(2)(A) has been employed continuously, by the
agency in which the employee is serving, for at least
the 31-day period ending on the date on which such
agency requests the determination referred to in
subparagraph (D);
‘‘(B) is serving under an appointment that is
not time limited;
‘‘(C) has not been duly notified that such em-
ployee is to be involuntarily separated for mis-
conduct or unacceptable performance;
‘‘(D) is separated from the service voluntarily
during a period in which, as determined by the office
of Personnel Management (upon request of the
agency) under regulations prescribed by the Office—
‘‘(i) such agency (or, if applicable, the
component in which the employee is serving) is
undergoing substantial delayering, substantial
416
reorganization, substantial reductions in force,
substantial transfer of function, or other sub-
stantial workforce restructuring (or shaping);
‘‘(ii) a significant percentage of employees
servicing in such agency (or component) are
likely to be separated or subject to an imme-
diate reduction in the rate of basic pay (without
regard to subchapter VI of chapter 53, or com-
parable provisions); or
‘‘(iii) identified as being in positions which
are becoming surplus or excess to the agency’s
future ability to carry out its mission effec-
tively; and
‘‘(E) as determined by the agency under regula-
tions prescribed by the Office, is within the scope of
the offer of voluntary early retirement, which may be
made on the basis of—
‘‘(i) 1 or more organizational units;
‘‘(ii) 1 or more occupational series or lev-
els;
‘‘(iii) 1 or more geographical locations;
‘‘(iv) specific periods;
‘‘(v) skills, knowledge, or other factors re-
lated to a position; or
417
‘‘(vi) any appropriate combination of such
factors;’’.
(2) FEDERAL EMPLOYEES’ RETIREMENT SYS-
TEM.—Section 8414(b)(1) of title 5, United States
Code, is amended by striking subparagraph (B) and
inserting the following:
‘‘(B)(i) has been employed continuously, by
the agency in which the employee is serving, for
at least the 31-day period ending on the date
on which such agency requests the determina-
tion referred to in clause (iv);
‘‘(ii) is serving under an appointment that
is not time limited;
‘‘(iii) has not been duly notified that such
employee is to be involuntarily separated for
misconduct or unacceptable performance;
‘‘(iv) is separate from the service volun-
tarily during a period in which, as determined
by the Office of Personnel Management (upon
request of the agency) under regulations pre-
scribed by the Office—
‘‘(I) such agency (or, if applicable, the
component in which the employee is serv-
ing) is undergoing substantial delayering,
substantial reorganization, substantial re-
418
ductions in force, substantial transfer of
function, or other substantial workforce re-
structuring (or shaping);
‘‘(II) a significant percentage of em-
ployees serving in such agency (or compo-
nent) are likely to be separated or subject
to an immediate reduction in the rate of
basic pay (without regard to subchapter VI
of chapter 53, or comparable provisions);
or
‘‘(III) identified as being in positions
which are becoming surplus or excess to
the agency’s future ability to carry out its
mission effectively; and
‘‘(v) as determined by the agency under
regulations prescribed by the Office, is within
the scope of the offer of voluntary early retire-
ment, which may be made on the basis of—
‘‘(I) 1 or more organizational units;
‘‘(II) 1 or more occupational series or
levels;
‘‘(III) 1 or more geographical loca-
tions;
‘‘(IV) specific periods;
419
‘‘(V) skills, knowledge, or other fac-
tors related to a position; or
‘‘(VI) any appropriate combination of
such factors.’’.
(3) GENERAL
ACCOUNTING
OFFICE
AUTHOR-
ITY.—The amendments made by this subsection
shall not be construed to affect the authority under
section 1 of Public Law 106–303 (5 U.S.C. 8336
note; 114 State. 1063).
(4) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Section 7001 of the 1998 Supplemental
Appropriations and Rescissions Act (Public Law
105–174; 112 Stat. 91) is repealed.
(5) REGULATIONS.—The Office of Personnel
Management may prescribe regulations to carry out
this subsection.
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that the implementation of this section is intended
to reshape the Federal workforce and not downsize the
Federal workforce.
SEC. 1314. STUDENT VOLUNTEER TRANSIT SUBSIDY.
(a) IN GENERAL.—Section 7905(a)(1) of title 5,
United States Code, is amended by striking ‘‘and a mem-
ber of a uniformed service’’ and inserting ‘‘, a member
420
of a uniformed service, and a student who provides vol-
untary services under section 3111’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—
Section 3111(c)(1) of title 5, United States Code, is
amended by striking ‘‘chapter 81 of this title’’ and insert-
ing ‘‘section 7905 (relating to commuting by means other
than single-occupancy motor vehicles), chapter 81’’.
Subtitle C—Reforms Relating to
the Senior Executive Service
SEC. 1321. REPEAL OF RECERTIFICATION REQUIREMENTS
OF SENIOR EXECUTIVES.
(a) IN GENERAL.—Title 5, United States Code, is
amended—
(1) in chapter 33—
(A) 
in 
section 
3393(g) 
by 
striking
‘‘3393a’’;
(B) by repealing section 3393a; and
(C) in the table of sections by striking the
item relating to section 3393a;
(2) in chapter 35—
(A) in section 3592(a)—
(i) in paragraph (1), by inserting ‘‘or’’
at the end;
(ii) in paragraph (2), by striking ‘‘or’’
at the end;
421
(iii) by striking paragraph (3); and
(iv) by striking the last sentence;
(B) in section 3593(a), by striking para-
graph (2) and inserting the following:
‘‘(2) the appointee left the Senior Executive
Service for reasons other than misconduct, neglect of
duty, malfeasance, or less than fully successful exec-
utive performance as determined under subchapter
II of chapter 43.’’; and
(C) in section 3594(b)—
(i) in paragraph (1), by inserting ‘‘or’’
at the end;
(ii) in paragraph (2), by striking ‘‘or’’
at the end; and
(iii) by striking paragraph (3);
(3) in section 7701(c)(1)(A), by striking ‘‘or re-
moval from the Senior Executive Service for failure
to be recertified under section 3393a’’;
(4) in chapter 83—
(A) in section 8336(h)(1), by striking ‘‘for
failure to be recertified as a senior executive
under section 3393a or’’; and
(B) in section 8339(h), in the first sen-
tence, by striking ‘‘, except that such reduction
shall not apply in the case of an employee retir-
422
ing under section 8336(h) for failure to be re-
certified as a senior executive’’; and
(5) in chapter 84—
(A) in section 8414(a)(1), by striking ‘‘for
failure to be recertified as a senior executive
under section 3393a or’’; and
(B) in section 8421(a)(2), by striking ‘‘,
except that an individual entitled to an annuity
under section 8414(a) for failure to be recer-
tified as a senior executive shall be entitled to
an annuity supplement without regard to such
applicable retirement age’’.
(b) 
SAVINGS
PROVISION.—Notwithstanding 
the
amendments made by subsection (a)(2)(A), an appeal
under the final sentence of section 3592(a) of title 5,
United States Code, that is pending on the day before the
effective date of this section—
(1) shall not abate by reason of the enactment
of the amendments made by subsection (a)(2)(A);
and
(2) shall continue as if such amendments had
not been enacted.
(c) APPLICATION.—The amendment made by sub-
section (a)(2)(B) shall not apply with respect to an indi-
vidual who, before the effective date of this section, leaves
423
the Senior Executive Service for failure to be recertified
as a senior executive under section 3393a of title 5, United
States Code.
SEC. 1322. ADJUSTMENT OF LIMITATION ON TOTAL AN-
NUAL COMPENSATION.
(a) IN GENERAL.—Section 5307 of title 5, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(d)(1) Notwithstanding any other provision of this
section, subsection (a)(1) shall be applied by substituting
‘the total annual compensation payable to the Vice Presi-
dent under section 104 of title 3’ for ‘the annual rate of
basic pay payable for level I of the Executive Schedule’
in the case of any employee who—
‘‘(A) is paid under section 5376 or 5383 of this
title or section 332(f), 603, or 604 of title 28; and
‘‘(B) holds a position in or under an agency
which is described in paragraph (2).
‘‘(2) An agency described in this paragraph is any
agency which, for purposes of the calendar year involved,
has been certified under this subsection as having a per-
formance appraisal system which (as designed and ap-
plied) makes meaningful distinctions based on relative per-
formance.
424
‘‘(3)(A) The Office of Personnel Management and the
Office of Management and Budget jointly shall promul-
gate such regulations as may be necessary to carry out
this subsection, including the criteria and procedures in
accordance with which any determinations under this sub-
section shall be made.
‘‘(B) An agency’s certification under this subsection
shall be for a period of 2 calendar years, except that such
certification may be terminated at any time, for purposes
of either or both of those years, upon a finding that the
actions of such agency have not remained in conformance
with applicable requirements.
‘‘(C) Any certification or decertification under this
subsection shall be made by the Office of Personnel Man-
agement, with the concurrence of the Office of Manage-
ment and Budget.
‘‘(4) Notwithstanding any provision of paragraph (3),
any regulations, certifications, or other measures nec-
essary to carry out this subsection with respect to employ-
ees within the judicial branch shall be the responsibility
of the Director of the Administrative Office of the United
States Courts. However, the regulations under this para-
graph shall be consistent with those promulgated under
paragraph (3).’’.
425
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
5307(a) of title 5, United States Code, is amended by in-
serting ‘‘or as otherwise provided under subsection (d),’’
after ‘‘under law,’’.
(2) Section 5307(c) of such title is amended by strik-
ing ‘‘this section,’’ and inserting ‘‘this section (subject to
subsection (d)),’’.
Subtitle D—Academic Training
SEC. 1331. ACADEMIC TRAINING.
(a) ACADEMIC DEGREE TRAINING.—Section 4107 of
title 5, United States Code, is amended to read as follows:
‘‘§ 4107. Academic degree training
‘‘(a) Subject to subsection (b), an agency may select
and assign an employee to academic degree training and
may pay or reimburse the costs of academic degree train-
ing from appropriated or other available funds if such
training—
‘‘(1) contributes significantly to—
‘‘(A) meeting an identified agency training
need;
‘‘(B) resolving an identified agency staffing
problem; or
‘‘(C) accomplishing goals in the strategic
plan of the agency;
426
‘‘(2) is part of a planned, systemic, and coordi-
nated agency employee development program linked
to accomplishing the strategic goals of the agency;
and
‘‘(3) is accredited and is provided by a college
or university that is accredited by a nationally recog-
nized body.
‘‘(b) In exercising authority under subsection (a), an
agency shall—
‘‘(1) consistent with the merit system principles
set forth in paragraphs (2) and (7) of section
2301(b), take into consideration the need to—
‘‘(A) maintain a balanced workforce in
which women, members of racial and ethnic mi-
nority groups, and persons with disabilities are
appropriately represented in Government serv-
ice; and
‘‘(B) provide employees effective education
and training to improve organizational and indi-
vidual performance;
‘‘(2) assure that the training is not for the sole
purpose of providing an employee an opportunity to
obtain an academic degree or qualify for appoint-
ment to a particular position for which the academic
degree is a basic requirement;
427
‘‘(3) assure that no authority under this sub-
section is exercised on behalf of any employee occu-
pying or seeking to qualify for—
‘‘(A) a noncareer appointment in the sen-
ior Executive Service; or
‘‘(B) appointment to any position that is
excepted from the competitive service because of
its confidential policy-determining, policy-mak-
ing or policy-advocating character; and
‘‘(4) to the greatest extent practicable, facilitate
the use of online degree training.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 41 of title 5, United
States Code, is amended by striking the item relating to
section 4107 and inserting the following:
‘‘4107. Academic degree training.’’.
SEC. 1332. MODIFICATIONS TO NATIONAL SECURITY 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
428
to seek either compensated or uncompensated
employment 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 serv-
ice obligations as the result of receiving finan-
cial support for education and training from the
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 posi-
tions to United States citizens who have in-
curred service obligations with the United
States Government as the result of receiving fi-
nancial support for education and training from
the United States Government.
(b) FULFILLMENT OF SERVICE REQUIREMENT IF
NATIONAL SECURITY POSITIONS ARE UNAVAILABLE.—
429
Section 802(b)(2) of the David L. Boren National Secu-
rity Education Act of 1991 (50 U.S.C. 1902) is
amended—
(1) in subparagraph (A), by striking clause (ii)
and inserting the following:
‘‘(ii) if the recipient demonstrates to
the Secretary (in accordance with such
regulations) that no national security posi-
tion in an agency or office of the Federal
Government having national security re-
sponsibilities is available, work in other of-
fices or agencies of the Federal Govern-
ment or in the field of higher education in
a discipline relating to the foreign country,
foreign language, area study, or inter-
national field of study for which the schol-
arship was awarded, for a period specified
by the Secretary, which period shall be de-
termined in accordance with clause (i); or’’;
and
(2) in subparagraph (B), by striking clause (ii)
and inserting the following:
‘‘(ii) if the recipient demonstrates to
the Secretary (in accordance with such
regulations) that no national security posi-
430
tion is available upon the completion of the
degree, work in other offices or agencies of
the Federal Government or in the field of
higher education in a discipline relating to
foreign country, foreign language, area
study, or international field of study for
which the fellowship was awarded, for a
period specified by the Secretary, which pe-
riod shall be determined in accordance
with clause (i); and’’.
TITLE XIV—ARMING PILOTS
AGAINST TERRORISM
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Arming Pilots Against
Terrorism Act’’.
SEC. 1402. FEDERAL FLIGHT DECK OFFICER PROGRAM.
(a) IN GENERAL.—Subchapter I of chapter 449 of
title 49, United States Code, is amended by adding at the
end the following:
‘‘§ 44921. Federal flight deck officer program
‘‘(a) ESTABLISHMENT.—The Under Secretary of
Transportation for Security shall establish a program to
deputize volunteer pilots of air carriers providing pas-
senger air transportation or intrastate passenger air
transportation as Federal law enforcement officers to de-
431
fend 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 require-
ments to carry out the program under this section.
‘‘(2) COMMENCEMENT
OF
PROGRAM.—Begin-
ning 3 months after the date of enactment of this
section, the Under Secretary shall begin the process
of training and deputizing pilots who are qualified to
be Federal flight deck officers as Federal flight deck
officers under the program.
‘‘(3) ISSUES TO BE ADDRESSED.—The 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
officer.
432
‘‘(D) The placement of the firearm of a
Federal flight deck officer on board the aircraft
to ensure both its security and its ease of re-
trieval in an emergency.
‘‘(E) An analysis of the risk of cata-
strophic failure of an aircraft as a result of the
discharge (including an accidental discharge) of
a firearm to be used in the program into the
avionics, electrical systems, or other sensitive
areas of the aircraft.
‘‘(F) The division of responsibility between
pilots in the event of an act of criminal violence
or air piracy if only 1 pilot is a Federal flight
deck officer and if both pilots are Federal flight
deck officers.
‘‘(G) Procedures for ensuring that the fire-
arm of a Federal flight deck officer does not
leave the cockpit if there is a disturbance in the
passenger cabin of the aircraft or if the pilot
leaves the cockpit for personal reasons.
‘‘(H) Interaction between a Federal flight
deck officer and a Federal air marshal on board
the aircraft.
‘‘(I) The process for selection of pilots to
participate in the program based on their fit-
433
ness to participate in the program, including
whether an additional background check should
be required beyond that required by section
44936(a)(1).
‘‘(J) Storage and transportation of fire-
arms 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 pi-
lot’s base airport.
‘‘(K) Methods for ensuring that security
personnel will be able to identify whether a pilot
is authorized to carry a firearm under the 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 en-
forcement 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
434
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
paragraph (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,
Science, and Transportation of the Senate after
completing the analysis required by paragraph
(3)(E).
‘‘(7) MINIMIZATION
OF
RISK.—If the Under
Secretary 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 re-
sult of the discharge of a firearm, the Under Sec-
retary shall take such actions as may be necessary
to minimize that risk.
‘‘(c) TRAINING, SUPERVISION, AND EQUIPMENT.—
435
‘‘(1) IN GENERAL.—The Under Secretary shall
only be obligated to provide the training, super-
vision, 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
responsibilities of Federal flight deck officers
and Federal air marshals.
‘‘(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 offi-
cer achieves the level of proficiency with a
firearm 
required 
under 
subparagraph
(C)(i).
‘‘(ii) Training to ensure that the offi-
cer maintains exclusive control over the of-
436
ficer’s firearm at all times, including train-
ing 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 Secretary. Such level shall be com-
parable 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
the Under Secretary or by a firearms
training facility approved by the Under
Secretary.
‘‘(iii) REQUALIFICATION.—The Under
Secretary shall require a Federal flight
deck officer to requalify to carry a firearm
under the program. Such requalification
437
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 offi-
cer.
‘‘(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
‘‘(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
officers under this section, those pilots that the
438
Under Secretary determines are qualified to be such
officers.
‘‘(4) REVOCATION.—The Under Secretary may,
(in the Under Secretary’s discretion) revoke the dep-
utization of a pilot as a Federal flight deck officer
if the Under Secretary finds that the pilot is no
longer qualified to be such an officer.
‘‘(e) COMPENSATION.—Pilots participating in the
program under this section shall not be eligible for com-
pensation from the Federal Government for services pro-
vided as a Federal flight deck officer. The Federal Govern-
ment 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 fire-
arms under the program.
‘‘(f) AUTHORITY TO CARRY FIREARMS.—
‘‘(1) IN GENERAL.—The Under Secretary shall
authorize a Federal flight deck officer to carry a
firearm while engaged in providing air transpor-
tation or intrastate air transportation. Notwith-
standing subsection (c)(1), the officer may purchase
a firearm and carry that firearm aboard an aircraft
of which the officer is the pilot in accordance with
this section if the firearm is of a type that may be
used under the program.
439
‘‘(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.—
‘‘(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.
440
‘‘(2) LIABILITY OF FEDERAL FLIGHT DECK OF-
FICERS.—A Federal flight deck officer shall not be
liable for damages in any action brought in a Fed-
eral or State court arising out of the acts or omis-
sions of the officer in defending the flight deck of an
aircraft against acts of criminal violence or air pi-
racy unless the officer is guilty of gross negligence
or willful misconduct.
‘‘(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 air-
craft, 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—
‘‘(1) shall revoke the deputization of the Fed-
eral flight deck officer responsible for that firearm
if the Under Secretary determines that the discharge
was attributable to the negligence of the officer; and
441
‘‘(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
CAR-
RIERS.—No air carrier shall prohibit or threaten any re-
taliatory action against a pilot employed by the air carrier
from becoming a Federal flight deck officer under this sec-
tion. No air carrier shall—
‘‘(1) prohibit a Federal flight deck officer from
piloting an aircraft operated by the air carrier, or
‘‘(2) terminate the employment of a Federal
flight deck officer, solely on the basis of his or her
volunteering for or participating in the program
under this section.
‘‘(k) APPLICABILITY.—
‘‘(1) EXEMPTION.—This section shall not apply
to air carriers operating under part 135 of title 14,
Code of Federal Regulations, and to pilots employed
by such carriers to the extent that such carriers and
pilots are covered by section 135.119 of such title or
any successor to such section.
‘‘(2) PILOT DEFINED.—The term ‘pilot’ means
an individual who has final authority and responsi-
442
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 second 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 (Pub-
lic 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
Security from implementing and training Federal air
marshals.
SEC. 1403. CREW TRAINING.
(a) IN GENERAL.—Section 44918(e) of title 49,
United States Code, is amended—
443
(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 updat-
ing the training guidance, the Under Secretary, in
consultation with the Administrator, shall issue a
rule to—
‘‘(A) require both classroom and effective
hands-on situational training in the following
elements of self defense:
‘‘(i) recognizing suspicious activities
and 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;
‘‘(v) methods to subdue and restrain
an attacker;
‘‘(vi) use of available items aboard the
aircraft for self-defense;
444
‘‘(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 Adminis-
trator 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 ma-
neuvers that may be authorized to defend
against an act of criminal violence or air
piracy;
‘‘(B) require training in the proper con-
duct of a cabin search, including the duty time
required to conduct the search;
‘‘(C) establish the required number of
hours of training and the qualifications for the
training instructors;
‘‘(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 with-
445
in 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
SEC-
RETARY.—(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 experts, and representatives of air carriers,
the provider of self-defense training for Federal air
marshals, flight attendants, labor organizations rep-
resenting flight attendants, and educational institu-
tions 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 implementa-
tion of the training program under this sub-
section.
‘‘(C) NECESSARY RESOURCES AND KNOWL-
EDGE.—The Under Secretary shall ensure that
employees of the Administration responsible for
446
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 Sec-
retary shall transmit to Congress a report on the re-
sults of the study.
447
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
Federal law enforcement training center for the pur-
pose of providing new Federal law enforcement re-
cruits with standardized training comparable to the
training 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.
(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.
448
(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 en-
actment of this paragraph, the Under Secretary re-
ceives a request from an air carrier for authorization
to allow pilots of the air carrier to carry less-than-
lethal weapons, the Under Secretary shall respond to
that request within 90 days.’’.
(b) CONFORMING AMENDMENTS.—Such section is
further amended—
(1) in paragraph (1) by striking ‘‘Secretary’’
the first and third places it appears and inserting
‘‘Under Secretary’’; and
(2) in paragraph (2) by striking ‘‘Secretary’’
each place it appears and inserting ‘‘Under Sec-
retary’’.
449
SEC. 1406. TECHNICAL AMENDMENTS.
Section 44903 of title 49, United States Code, is
amended—
(1) by redesignating subsection (i) (relating to
short-term assessment and deployment of emerging
security technologies and procedures) as subsection
(j);
(2) by redesignating the second subsection (h)
(relating to authority to arm flight deck crew with
less-than-lethal weapons) as subsection (i); and
(3) by redesignating the third subsection (h)
(relating to limitation on liability for acts to thwart
criminal violence for aircraft piracy) as subsection
(k).
TITLE XV—TRANSITION
Subtitle A—Reorganization Plan
SEC. 1501. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘agency’’ includes any entity, or-
ganizational unit, program, or function.
(2) The term ‘‘transition period’’ means the 12-
month period beginning on the effective date of this
Act.
SEC. 1502. REORGANIZATION PLAN.
(a) SUBMISSION OF PLAN.—Not later than 60 days
after the date of the enactment of this Act, the President
450
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
streamlining of agencies transferred to the Depart-
ment pursuant to this Act.
(b) PLAN ELEMENTS.—The plan transmitted under
subsection (a) shall contain, consistent with this Act, such
elements as the President deems appropriate, including
the following:
(1) Identification of any functions of agencies
transferred to the Department pursuant to this Act
that will not be 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
functions transferred under the plan.
(3) Specification of the funds available to each
agency that will be transferred to the Department as
a result of transfers under the plan.
451
(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 as-
sets and obligations of agencies transferred under
the plan.
(6) Specification of the proposed allocations
within the Department of the functions of the agen-
cies and subdivisions that are not related directly to
securing the homeland.
(c) MODIFICATION OF PLAN.—The President may,
on the basis of consultations with the appropriate 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
become effective for an agency on the earlier of—
(A) the date specified in the plan (or the
plan as modified pursuant to subsection (d)),
except that such date may not be earlier than
90 days after the date the President has trans-
452
mitted the reorganization plan to the appro-
priate congressional committees pursuant to
subsection (a); or
(B) the end of the transition period.
(2) STATUTORY
CONSTRUCTION.—Nothing in
this subsection may be construed to require the
transfer of functions, personnel, records, balances of
appropriations, or other assets of an agency on a
single date.
(3) SUPERSEDES
EXISTING
LAW.—Paragraph
(1) shall apply notwithstanding section 905(b) of
title 5, United States Code.
SEC. 
1503. 
REVIEW 
OF 
CONGRESSIONAL 
COMMITTEE
STRUCTURES.
It is the sense of Congress that each House of Con-
gress should review its committee structure in light of the
reorganization of responsibilities within the executive
branch by the establishment of the Department.
Subtitle B—Transitional Provisions
SEC. 1511. TRANSITIONAL AUTHORITIES.
(a) PROVISION
OF ASSISTANCE
BY OFFICIALS.—
Until the transfer of an agency to the Department, any
official having authority over or functions relating to the
agency immediately before the effective date of this Act
shall provide to the Secretary such assistance, including
453
the use of personnel and assets, as the Secretary may re-
quest in preparing 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, pro-
vide services or detail personnel to assist with the transi-
tion.
(c) ACTING OFFICIALS.—(1) During the transition
period, pending the advice and consent of the Senate to
the appointment of an officer required by this Act to be
appointed by and with such advice and consent, the Presi-
dent may designate any officer whose appointment was re-
quired to be made by and with such advice and consent
and who was such an officer immediately before the effec-
tive date of this Act (and who continues in office) or im-
mediately 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 re-
spective offices in which they act; or
(B) the rates provided for the offices held at
the time of designation.
454
(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
pursuant to this Act and whose duties following such
transfer are germane to those performed before such
transfer.
(d) TRANSFER OF PERSONNEL, ASSETS, OBLIGA-
TIONS, 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 allo-
cation, subject to the approval of the Director of the
Office of Management and Budget and in accord-
ance with the provisions of section 1531(a)(2) of
title 31, United States Code; and
(2) the Secretary shall have all functions relat-
ing to the agency that any other official could by law
exercise in relation to the agency immediately before
such transfer, and shall have in addition all func-
tions vested in the Secretary by this Act or other
law.
(e) PROHIBITION
ON USE
OF TRANSPORTATION
TRUST FUNDS.—
455
(1) IN GENERAL.—Notwithstanding any other
provision of this Act, no funds derived from the
Highway Trust Fund, Airport and Airway Trust
Fund, Inland Waterway Trust Fund, or Harbor
Maintenance Trust Fund, may be transferred to,
made available to, or obligated by the Secretary or
any other official 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 according to their terms until amended, modified,
superseded, terminated, set aside, or revoked in accord-
ance 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-
456
ments, grants, contracts, certificates, licenses, registra-
tions, and privileges.
(b) PENDING PROCEEDINGS.—Subject to the author-
ity 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 ex-
tent 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 orders shall continue in effect until amended,
modified, superseded, terminated, set aside, or re-
voked by an officer of the United States or a court
of competent jurisdiction, or by operation of law.
(c) PENDING CIVIL ACTIONS.—Subject to the author-
ity of the Secretary under this Act, pending civil actions
shall continue notwithstanding the enactment of this Act
457
or the transfer of an agency to the Department, and in
such civil actions, proceedings shall be had, appeals taken,
and judgments 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, Execu-
tive orders, rules, regulations, directives, or delegations of
authority that precede such transfer or the effective date
of this Act shall be deemed to refer, as appropriate, to
the Department, to its officers, employees, or agents, or
to its corresponding organizational units or functions.
Statutory reporting 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) 
Notwith-
standing the generality of the foregoing (including sub-
sections (a) and (d)), in and for the Department the Sec-
retary may, in regulations prescribed jointly with the Di-
rector of the Office of Personnel Management, adopt the
rules, procedures, 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 Department pursuant to this Act; and
458
(2) except as otherwise provided in this Act, or under
authority granted by this Act, the transfer pursuant to
this Act of personnel shall not alter the terms and condi-
tions of employment, including compensation, of any em-
ployee so transferred.
(f) STATUTORY REPORTING REQUIREMENTS.—Any
statutory reporting requirement that applied to an agency,
transferred to the Department under this Act, imme-
diately before the effective date of this Act shall continue
to apply following that transfer if the statutory require-
ment 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
transferred pursuant to this Act, each position and office
the incumbent of which was authorized to receive com-
pensation 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.
459
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
shall continue to exercise oversight of such agency during
the period of time, if any, between the transfer of such
agency to the Department pursuant to this Act and the
appointment of the Inspector General of the Department
of Homeland Security in accordance with section 103(b).
SEC. 1516. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budg-
et, in consultation with the Secretary, is authorized and
directed 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 de-
termine 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 officer or office the functions of which are so trans-
ferred shall be deemed to refer to the Secretary, other offi-
460
cial, or component of the Department to which such func-
tion is so transferred.
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 De-
partment of Homeland Security, the Secretary
of Transportation’’;
461
(B) by striking ‘‘carrying out’’ and all that
follows through ‘‘if the Under Secretary’’ and
inserting ‘‘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
regulations prohibiting the disclosure of information
obtained 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
transportation.
462
‘‘(2) AVAILABILITY OF INFORMATION TO CON-
GRESS.—Paragraph (1) does not authorize informa-
tion to be withheld from a committee of Congress
authorized 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, agen-
cy, 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.—Not-
withstanding paragraphs (1) and (2) of this sub-
section, the maximum civil penalty for violating
chapter 449 or another requirement under this title
administered by the Under Secretary of Transpor-
tation for Security shall be $10,000; except that the
maximum civil penalty shall be $25,000 in the case
of a person operating an aircraft for the transpor-
tation of passengers or property for compensation
(except an individual serving as an airman).’’.
463
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 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.’’;
464
(3) in section 5314, by inserting ‘‘Under Secre-
taries, Department of Homeland Security.’’, ‘‘Direc-
tor of the Bureau of Citizenship and Immigration
Services.’’ as new items after ‘‘Affairs.’’ the third
place it appears;
(4) in section 5315, by inserting ‘‘Assistant
Secretaries, Department of Homeland Security.’’,
‘‘General Counsel, Department of Homeland Secu-
rity.’’, ‘‘Officer for Civil Rights and Civil Liberties,
Department of Homeland Security.’’, ‘‘Chief Finan-
cial Officer, Department of Homeland Security.’’,
‘‘Chief Information Officer, Department of Home-
land Security.’’, and ‘‘Inspector General, Depart-
ment of Homeland 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
section 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
465
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’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of transfer of
the United States Secret Service to the Department.
SEC. 1704. COAST GUARD.
(a) TITLE 14, U.S.C.—Title 14, United States Code,
is amended in sections 1, 3, 53, 95, 145, 516, 666, 669,
673, 673a (as redesignated by subsection (e)(1)), 674,
687, and 688 by striking ‘‘of Transportation’’ each place
it appears and inserting ‘‘of Homeland Security’’.
(b) TITLE 10, U.S.C.—(1) Title 10, United States
Code, is amended in sections 101(9), 130b(a), 130b(c)(4),
130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e),
651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e),
888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a),
1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c),
1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2),
1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e),
1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175,
1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b),
1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a),
466
2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1),
2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e),
2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836,
4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a),
10147(a), 
10149(b), 
10150, 
10202(b), 
10203(d),
10205(b), 
10301(b), 
12103(b), 
12103(d), 
12304,
12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e),
16131(a), 16136(a), 16301(g), and 18501 by striking ‘‘of
Transportation’’ each place it appears and inserting ‘‘of
Homeland Security’’.
(2) Section 801(1) of such title is amended by strik-
ing ‘‘the General Counsel of the Department of Transpor-
tation’’ and inserting ‘‘an official designated to serve as
Judge Advocate General of the Coast Guard by the Sec-
retary of Homeland Security’’.
(3) Section 983(d)(2)(B) of such title is amended by
striking ‘‘Department of Transportation’’ and inserting
‘‘Department of Homeland Security’’.
(4) Section 2665(b) of such title is amended by strik-
ing ‘‘Department of Transportation’’ and inserting ‘‘De-
partment in which the Coast Guard is operating’’.
(5) Section 7045 of such title is amended—
(A) in subsections (a)(1) and (b), by striking
‘‘Secretaries of the Army, Air Force, and Transpor-
tation’’ both places it appears and inserting ‘‘Sec-
468
3018(b)(3)(B)(iv), 
3018A(a)(3), 
3018B(a)(1)(C),
3018B(a)(2)(C), 3018C(a)(5), 3020(m), 3035(b)(2),
3035(c), 3035(d), 3035(e), 3680A(g), and 6105(c) by
striking ‘‘of Transportation’’ each place it appears and in-
serting ‘‘of Homeland Security’’.
(e) OTHER DEFENSE-RELATED LAWS.—(1) Section
363 of Public Law 104–193 (110 Stat. 2247) is
amended—
(A) in subsection (a)(1) (10 U.S.C. 113 note),
by striking ‘‘of Transportation’’ and inserting ‘‘of
Homeland Security’’; and
(B) in subsection (b)(1) (10 U.S.C. 704 note),
by striking ‘‘of Transportation’’ and inserting ‘‘of
Homeland Security’’.
(2) Section 721(1) of Public Law 104–201 (10
U.S.C. 1073 note) is amended by striking ‘‘of Transpor-
tation’’ and inserting ‘‘of Homeland Security’’.
(3) Section 4463(a) of Public Law 102–484 (10
U.S.C. 1143a note) is amended by striking ‘‘after con-
sultation with the Secretary of Transportation’’.
(4) Section 4466(h) of Public Law 102–484 (10
U.S.C. 1143 note) is amended by striking ‘‘of Transpor-
tation’’ and inserting ‘‘of Homeland Security’’.
469
(5) Section 542(d) of Public Law 103–337 (10
U.S.C. 1293 note) is amended by striking ‘‘of Transpor-
tation’’ and inserting ‘‘of Homeland Security’’.
(6) Section 740 of Public Law 106–181 (10 U.S.C.
2576 note) is amended in subsections (b)(2), (c), and
(d)(1) by striking ‘‘of Transportation’’ each place it ap-
pears and inserting ‘‘of Homeland Security’’.
(7) Section 1407(b)(2) of the Defense Dependents’
Education Act of 1978 (20 U.S.C. 926(b)) is amended by
striking ‘‘of Transportation’’ both places it appears and
inserting ‘‘of Homeland Security’’.
(8) Section 2301(5)(D) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6671(5)(D))
is amended by striking ‘‘of Transportation’’ and inserting
‘‘of Homeland Security’’.
(9) Section 2307(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6677(a)) is amended
by striking ‘‘of Transportation’’ and inserting ‘‘of Home-
land Security’’.
(10) Section 1034(a) of Public Law 105–85 (21
U.S.C. 1505a(a)) is amended by striking ‘‘of Transpor-
tation’’ and inserting ‘‘of Homeland Security’’.
(11) The Military Selective Service Act is amended—
470
(A) in section 4(a) (50 U.S.C. App. 454(a)), by
striking ‘‘of Transportation’’ in the fourth para-
graph and inserting ‘‘of Homeland Security’’;
(B) in section 4(b) (50 U.S.C. App. 454(b)), by
striking ‘‘of Transportation’’ both places it appears
and inserting ‘‘of Homeland Security’’;
(C) in section 6(d)(1) (50 U.S.C. App.
456(d)(1)), by striking ‘‘of Transportation’’ both
places it appears and inserting ‘‘of Homeland Secu-
rity’’;
(D) in section 9(c) (50 U.S.C. App. 459(c)), by
striking ‘‘Secretaries of Army, Navy, Air Force, or
Transportation’’ and inserting ‘‘Secretary of a mili-
tary department, and the Secretary of Homeland Se-
curity with respect to the Coast Guard,’’; and
(E) in section 15(e) (50 U.S.C. App. 465(e)),
by striking ‘‘of Transportation’’ both places it ap-
pears and inserting ‘‘of Homeland Security’’.
(f) TECHNICAL CORRECTION.—(1) Title 14, United
States Code, is amended by redesignating section 673 (as
added by section 309 of Public Law 104–324) as section
673a.
(2) The table of sections at the beginning of chapter
17 of such title is amended by redesignating the item re-
lating to such section as section 673a.
471
(g) EFFECTIVE DATE.—The amendments made by
this section (other than subsection (f)) shall take effect
on the date of transfer of the Coast Guard to the Depart-
ment.
SEC. 1705. STRATEGIC NATIONAL STOCKPILE AND SMALL-
POX VACCINE DEVELOPMENT.
(a) IN GENERAL.—Section 121 of the Public Health
Security and Bioterrorism Preparedness and Response
Act of 2002 (Public Law 107–188; 42 U.S.C. 300hh–12)
is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘Secretary of Health and
Human Services’’ and inserting ‘‘Secretary of
Homeland Security’’;
(B) by inserting ‘‘the Secretary of Health
and Human Services and’’ between ‘‘in coordi-
nation with’’ and ‘‘the Secretary of Veterans
Affairs’’; and
(C) by inserting ‘‘of Health and Human
Services’’ after ‘‘as are determined by the Sec-
retary’’; and
(2) in subsections (a)(2) and (b), by inserting
‘‘of Health and Human Services’’ after ‘‘Secretary’’
each place it appears.
472
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of transfer of
the Strategic National Stockpile of the Department of
Health and Human Services to the Department.
SEC. 1706. TRANSFER OF CERTAIN SECURITY AND LAW EN-
FORCEMENT FUNCTIONS AND AUTHORITIES.
(a) AMENDMENT TO TITLE 40.—Section 581 of title
40, United States Code, is amended—
(1) by striking subsection (a); and
(2) in subsection (b)—
(A) by inserting ‘‘and’’ after the semicolon
at the end of paragraph (1);
(B) by striking ‘‘; and’’ at the end of para-
graph (2) and inserting a period; and
(C) by striking paragraph (3).
(b) LAW ENFORCEMENT AUTHORITY.—
(1) IN
GENERAL.—Section 1315 of title 40,
United States Code, is amended to read as follows:
‘‘§ 1315. Law enforcement authority of Secretary of
Homeland Security for protection of pub-
lic property
‘‘(a) IN GENERAL.—To the extent provided for by
transfers made pursuant to the Homeland Security Act
of 2002, the Secretary of Homeland Security (in this sec-
tion referred to as the ‘Secretary’) shall protect the build-
473
ings, grounds, and property that are owned, occupied, or
secured by the Federal Government (including any agency,
instrumentality, or wholly owned or mixed-ownership cor-
poration thereof) and the persons on the property.
‘‘(b) OFFICERS AND AGENTS.—
‘‘(1) DESIGNATION.—The Secretary may des-
ignate employees of the Department of Homeland
Security, including employees transferred to the De-
partment from the Office of the Federal Protective
Service of the General Services Administration pur-
suant to the Homeland Security Act of 2002, as offi-
cers and agents for duty in connection with the pro-
tection of property owned or occupied by the Federal
Government and persons on the property, including
duty in areas outside the property to the extent nec-
essary to protect the property and persons on the
property.
‘‘(2) POWERS.—While engaged in the perform-
ance of official duties, an officer or agent designated
under this subsection may—
‘‘(A) enforce Federal laws and regulations
for the protection of persons and property;
‘‘(B) carry firearms;
‘‘(C) make arrests without a warrant for
any offense against the United States com-
474
mitted in the presence of the officer or agent or
for any felony cognizable under the laws of the
United States if the officer or agent has reason-
able grounds to believe that the person to be ar-
rested has committed or is committing a felony;
‘‘(D) serve warrants and subpoenas issued
under the authority of the United States; and
‘‘(E) conduct investigations, on and off the
property in question, of offenses that may have
been committed against property owned or oc-
cupied by the Federal Government or persons
on the property.
‘‘(F) carry out such other activities for the
promotion of homeland security as the Sec-
retary may prescribe.
‘‘(c) REGULATIONS.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Administrator of General Services, may
prescribe regulations necessary for the protection
and administration of property owned or occupied by
the Federal Government and persons on the prop-
erty. The regulations may include reasonable pen-
alties, within the limits prescribed in paragraph (2),
for violations of the regulations. The regulations
475
shall be posted and remain posted in a conspicuous
place on the property.
‘‘(2) PENALTIES.—A person violating a regula-
tion prescribed under this subsection shall be fined
under title 18, United States Code, imprisoned for
not more than 30 days, or both.
‘‘(d) DETAILS.—
‘‘(1) REQUESTS OF AGENCIES.—On the request
of the head of a Federal agency having charge or
control of property owned or occupied by the Federal
Government, the Secretary may detail officers and
agents designated under this section for the protec-
tion of the property and persons on the property.
‘‘(2) APPLICABILITY
OF
REGULATIONS.—The
Secretary may—
‘‘(A) extend to property referred to in
paragraph (1) the applicability of regulations
prescribed under this section and enforce the
regulations as provided in this section; or
‘‘(B) utilize the authority and regulations
of the requesting agency if agreed to in writing
by the agencies.
‘‘(3) FACILITIES
AND
SERVICES
OF
OTHER
AGENCIES.—When the Secretary determines it to be
economical and in the public interest, the Secretary
476
may utilize the facilities and services of Federal,
State, and local law enforcement agencies, with the
consent of the agencies.
‘‘(e) AUTHORITY OUTSIDE FEDERAL PROPERTY.—
For the protection of property owned or occupied by the
Federal Government and persons on the property, the Sec-
retary may enter into agreements with Federal agencies
and with State and local governments to obtain authority
for officers and agents designated under this section to
enforce Federal laws and State and local laws concurrently
with other Federal law enforcement officers and with
State and local law enforcement officers.
‘‘(f) SECRETARY
AND ATTORNEY GENERAL AP-
PROVAL.—The powers granted to officers and agents des-
ignated under this section shall be exercised in accordance
with guidelines approved by the Secretary and the Attor-
ney General.
‘‘(g) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to—
‘‘(1) preclude or limit the authority of any Fed-
eral law enforcement agency; or
‘‘(2) restrict the authority of the Administrator
of General Services to promulgate regulations affect-
ing property under the Administrator’s custody and
control.’’.
477
(2) DELEGATION
OF
AUTHORITY.—The Sec-
retary may delegate authority for the protection of
specific buildings to another Federal agency where,
in the Secretary’s discretion, the Secretary deter-
mines it necessary for the protection of that build-
ing.
(3) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 13 of title 40,
United States Code, is amended by striking the item
relating to section 1315 and inserting the following:
‘‘1315. Law enforcement authority of Secretary of Homeland Security for pro-
tection of public property.’’.
SEC. 1707. TRANSPORTATION SECURITY REGULATIONS.
Title 49, United States Code, is amended—
(1) in section 114(l)(2)(B), by inserting ‘‘for a
period not to exceed 90 days’’ after ‘‘effective’’; and
(2) in section 114(l)(2)(B), by inserting ‘‘rati-
fied or’’ after ‘‘unless’’.
SEC. 1708. NATIONAL BIO-WEAPONS DEFENSE ANALYSIS
CENTER.
There is established in the Department of Defense
a National Bio-Weapons Defense Analysis Center, whose
mission is to develop countermeasures to potential attacks
by terrorists using weapons of mass destruction.
478
SEC. 1709. COLLABORATION WITH THE SECRETARY OF
HOMELAND SECURITY.
(a) DEPARTMENT OF HEALTH AND HUMAN SERV-
ICES.—The second sentence of section 351A(e)(1) of the
Public Health Service Act (42 U.S.C. 262A(e)(1)) is
amended by striking ‘‘consultation with’’ and inserting
‘‘collaboration with the Secretary of Homeland Security
and’’.
(b) DEPARTMENT OF AGRICULTURE.—The second
sentence of section 212(e)(1) of the Agricultural Bioter-
rorism Protection Act of 2002 (7 U.S.C. 8401) is amended
by striking ‘‘consultation with’’ and inserting ‘‘collabora-
tion with the Secretary of Homeland Security and’’.
SEC. 1710. RAILROAD SAFETY TO INCLUDE RAILROAD SE-
CURITY.
(a) INVESTIGATION
AND SURVEILLANCE ACTIVI-
TIES.—Section 20105 of title 49, United States Code, is
amended—
(1) by striking ‘‘Secretary of Transportation’’
in the first sentence of subsection (a) and inserting
‘‘Secretary concerned’’;
(2) by striking ‘‘Secretary’’ each place it ap-
pears (except the first sentence of subsection (a))
and inserting ‘‘Secretary concerned’’;
(3) by striking ‘‘Secretary’s duties under chap-
ters 203–213 of this title’’ in subsection (d) and in-