Congressional Record: September 3, 2002 (Senate)
Page S8100-S8137
TEXT OF AMENDMENTS
SA 4471. Mr. LIEBERMAN submitted an amendment intended to be proposed
by him to the bill H.R. 5005, to establish the Department of Homeland
Security, and for other purposes; which was ordered to lie on the
table; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the "National Homeland Security
and Combating Terrorism Act of 2002".
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into 3 divisions as
follows:
[[Page S8101]]
(1) Division A--National Homeland Security and Combating
Terrorism.
(2) Division B--Immigration Reform, Accountability, and
Security Enhancement Act of 2002.
(3) Division C--Federal Workforce Improvement.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A--NATIONAL HOMELAND SECURITY AND COMBATING TERRORISM
Sec. 100. Definitions.
TITLE I--DEPARTMENT OF HOMELAND SECURITY
Subtitle A--Establishment of the Department of Homeland Security
Sec. 101. Establishment of the Department of Homeland Security.
Sec. 102. Secretary of Homeland Security.
Sec. 103. Deputy Secretary of Homeland Security.
Sec. 104. Under Secretary for Management.
Sec. 105. Assistant Secretaries.
Sec. 106. Inspector General.
Sec. 107. Chief Financial Officer.
Sec. 108. Chief Information Officer.
Sec. 109. General Counsel.
Sec. 110. Civil Rights Officer.
Sec. 111. Privacy Officer.
Sec. 112. Chief Human Capital Officer.
Sec. 113. Office of International Affairs.
Sec. 114. Executive Schedule positions.
Subtitle B--Establishment of Directorates and Offices
Sec. 131. Directorate of Border and Transportation Protection.
Sec. 132. Directorate of Intelligence.
Sec. 133. Directorate of Critical Infrastructure Protection.
Sec. 134. Directorate of Emergency Preparedness and Response.
Sec. 135. Directorate of Science and Technology.
Sec. 136. Directorate of Immigration Affairs.
Sec. 137. Office for State and Local Government Coordination.
Sec. 138. United States Secret Service.
Sec. 139. Border Coordination Working Group.
Sec. 140. Executive Schedule positions.
Subtitle C--National Emergency Preparedness Enhancement
Sec. 151. Short title.
Sec. 152. Preparedness information and education.
Sec. 153. Pilot program.
Sec. 154. Designation of National Emergency Preparedness Week.
Subtitle D--Miscellaneous Provisions
Sec. 161. National Bio-Weapons Defense Analysis Center.
Sec. 162. Review of food safety.
Sec. 163. Exchange of employees between agencies and State or local
governments.
Sec. 164. Whistleblower protection for Federal employees who are
airport security screeners.
Sec. 165. Whistleblower protection for certain airport employees.
Sec. 166. Bioterrorism preparedness and response division.
Sec. 167. Coordination with the Department of Health and Human Services
under the Public Health Service Act.
Sec. 168. Rail security enhancements.
Sec. 169. Grants for firefighting personnel.
Sec. 170. Review of transportation security enhancements.
Sec. 171. Interoperability of information systems.
Sec. 172. Extension of customs user fees.
Subtitle E--Transition Provisions
Sec. 181. Definitions.
Sec. 182. Transfer of agencies.
Sec. 183. Transitional authorities.
Sec. 184. Incidental transfers and transfer of related functions.
Sec. 185. Implementation progress reports and legislative
recommendations.
Sec. 186. Transfer and allocation.
Sec. 187. Savings provisions.
Sec. 188. Transition plan.
Sec. 189. Use of appropriated funds.
Subtitle F--Administrative Provisions
Sec. 191. Reorganizations and delegations.
Sec. 192. Reporting requirements.
Sec. 193. Environmental protection, safety, and health requirements.
Sec. 194. Labor standards.
Sec. 195. Procurement of temporary and intermittent services.
Sec. 196. Preserving non-homeland security mission performance.
Sec. 197. Future Years Homeland Security Program.
Sec. 198. Protection of voluntarily furnished confidential information.
Sec. 199. Authorization of appropriations.
TITLE II--NATIONAL OFFICE FOR COMBATING TERRORISM
Sec. 201. National Office for Combating Terrorism.
Sec. 202. Funding for Strategy programs and activities.
TITLE III--NATIONAL STRATEGY FOR COMBATING TERRORISM AND THE HOMELAND
SECURITY RESPONSE
Sec. 301. Strategy.
Sec. 302. Management guidance for Strategy implementation.
Sec. 303. National Combating Terrorism Strategy Panel.
TITLE IV--LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS
Sec. 401. Law enforcement powers of Inspector General agents.
TITLE V--FEDERAL EMERGENCY PROCUREMENT FLEXIBILITY
Subtitle A--Temporary Flexibility for Certain Procurements
Sec. 501. Definition.
Sec. 502. Procurements for defense against or recovery from terrorism
or nuclear, biological, chemical, or radiological attack.
Sec. 503. Increased simplified acquisition threshold for procurements
in support of humanitarian or peacekeeping operations or
contingency operations.
Sec. 504. Increased micro-purchase threshold for certain procurements.
Sec. 505. Application of certain commercial items authorities to
certain procurements.
Sec. 506. Use of streamlined procedures.
Sec. 507. Review and report by Comptroller General.
Subtitle B--Other Matters
Sec. 511. Identification of new entrants into the Federal marketplace.
TITLE VI--EFFECTIVE DATE
Sec. 601. Effective date.
DIVISION B--IMMIGRATION REFORM, ACCOUNTABILITY, AND SECURITY
ENHANCEMENT ACT OF 2002
Sec. 1001. Short title.
Sec. 1002. Definitions.
TITLE XI--DIRECTORATE OF IMMIGRATION AFFAIRS
Subtitle A--Organization
Sec. 1101. Abolition of INS.
Sec. 1102. Establishment of Directorate of Immigration Affairs.
Sec. 1103. Under Secretary of Homeland Security for Immigration
Affairs.
Sec. 1104. Bureau of Immigration Services.
Sec. 1105. Bureau of Enforcement and Border Affairs.
Sec. 1106. Office of the Ombudsman within the Directorate.
Sec. 1107. Office of Immigration Statistics within the Directorate.
Sec. 1108. Clerical amendments.
Subtitle B--Transition Provisions
Sec. 1111. Transfer of functions.
Sec. 1112. Transfer of personnel and other resources.
Sec. 1113. Determinations with respect to functions and resources.
Sec. 1114. Delegation and reservation of functions.
Sec. 1115. Allocation of personnel and other resources.
Sec. 1116. Savings provisions.
Sec. 1117. Interim service of the Commissioner of Immigration and
Naturalization.
Sec. 1118. Executive Office for Immigration Review authorities not
affected.
Sec. 1119. Other authorities not affected.
Sec. 1120. Transition funding.
Subtitle C--Miscellaneous Provisions
Sec. 1121. Funding adjudication and naturalization services.
Sec. 1122. Application of Internet-based technologies.
Sec. 1123. Alternatives to detention of asylum seekers.
Subtitle D--Effective Date
Sec. 1131. Effective date.
TITLE XII--UNACCOMPANIED ALIEN CHILD PROTECTION
Sec. 1201. Short title.
Sec. 1202. Definitions.
Subtitle A--Structural Changes
Sec. 1211. Responsibilities of the Office of Refugee Resettlement with
respect to unaccompanied alien children.
Sec. 1212. Establishment of interagency task force on unaccompanied
alien children.
Sec. 1213. Transition provisions.
Sec. 1214. Effective date.
Subtitle B--Custody, Release, Family Reunification, and Detention
Sec. 1221. Procedures when encountering unaccompanied alien children.
Sec. 1222. Family reunification for unaccompanied alien children with
relatives in the United States.
Sec. 1223. Appropriate conditions for detention of unaccompanied alien
children.
Sec. 1224. Repatriated unaccompanied alien children.
Sec. 1225. Establishing the age of an unaccompanied alien child.
Sec. 1226. Effective date.
Subtitle C--Access by Unaccompanied Alien Children to Guardians Ad
Litem and Counsel
Sec. 1231. Right of unaccompanied alien children to guardians ad litem.
Sec. 1232. Right of unaccompanied alien children to counsel.
Sec. 1233. Effective date; applicability.
Subtitle D--Strengthening Policies for Permanent Protection of Alien
Children
Sec. 1241. Special immigrant juvenile visa.
Sec. 1242. Training for officials and certain private parties who come
into contact with unaccompanied alien children.
Sec. 1243. Effective date.
[[Page S8102]]
Subtitle E--Children Refugee and Asylum Seekers
Sec. 1251. Guidelines for children's asylum claims.
Sec. 1252. Unaccompanied refugee children.
Subtitle F--Authorization of Appropriations
Sec. 1261. Authorization of appropriations.
TITLE XIII--AGENCY FOR IMMIGRATION HEARINGS AND APPEALS
Subtitle A--Structure and Function
Sec. 1301. Establishment.
Sec. 1302. Director of the Agency.
Sec. 1303. Board of Immigration Appeals.
Sec. 1304. Chief Immigration Judge.
Sec. 1305. Chief Administrative Hearing Officer.
Sec. 1306. Removal of Judges.
Sec. 1307. Authorization of appropriations.
Subtitle B--Transfer of Functions and Savings Provisions
Sec. 1311. Transition provisions.
Subtitle C--Effective Date
Sec. 1321. Effective date.
DIVISION C--FEDERAL WORKFORCE IMPROVEMENT
TITLE XXI--CHIEF HUMAN CAPITAL OFFICERS
Sec. 2101. Short title.
Sec. 2102. Agency Chief Human Capital Officers.
Sec. 2103. Chief Human Capital Officers Council.
Sec. 2104. Strategic Human Capital Management.
Sec. 2105. Effective date.
TITLE XXII--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
Sec. 2201. Inclusion of agency human capital strategic planning in
performance plans and program performance reports.
Sec. 2202. Reform of the competitive service hiring process.
Sec. 2203. Permanent extension, revision, and expansion of authorities
for use of voluntary separation incentive pay and
voluntary early retirement.
Sec. 2204. Student volunteer transit subsidy.
TITLE XXIII--REFORMS RELATING TO THE SENIOR EXECUTIVE SERVICE
Sec. 2301. Repeal of recertification requirements of senior executives.
Sec. 2302. Adjustment of limitation on total annual compensation.
TITLE XXIV--ACADEMIC TRAINING
Sec. 2401. Academic training.
Sec. 2402. Modifications to National Security Education Program.
Sec. 2403. Compensatory time off for travel.
DIVISION A--NATIONAL HOMELAND SECURITY AND COMBATING TERRORISM
SEC. 100. DEFINITIONS.
Unless the context clearly indicates otherwise, the
following shall apply for purposes of this division:
(1) Agency.--Except for purposes of subtitle E of title I,
the term "agency"--
(A) means--
(i) an Executive agency as defined under section 105 of
title 5, United States Code;
(ii) a military department as defined under section 102 of
title 5, United States Code;
(iii) the United States Postal Service; and
(B) does not include the General Accounting Office.
(2) Assets.--The term "assets" includes contracts,
facilities, property, records, unobligated or unexpended
balances of appropriations, and other funds or resources
(other than personnel).
(3) Director.--The term "Director" means the Director of
the National Office for Combating Terrorism.
(4) Department.--The term "Department" means the
Department of Homeland Security established under title I.
(5) Enterprise architecture.--The term "enterprise
architecture"--
(A) means--
(i) a strategic information asset base, which defines the
mission;
(ii) the information necessary to perform the mission;
(iii) the technologies necessary to perform the mission;
and
(iv) the transitional processes for implementing new
technologies in response to changing mission needs; and
(B) includes--
(i) a baseline architecture;
(ii) a target architecture; and
(iii) a sequencing plan.
(6) Federal terrorism prevention and response agency.--The
term "Federal terrorism prevention and response agency"
means any Federal department or agency charged under the
Strategy with responsibilities for carrying out the Strategy.
(7) Functions.--The term "functions" includes
authorities, powers, rights, privileges, immunities,
programs, projects, activities, duties, responsibilities, and
obligations.
(8) Homeland.--The term "homeland" means the United
States, in a geographic sense.
(9) Local government.--The term "local government" has
the meaning given under section 102(6) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (Public
Law 93-288).
(10) Office.--The term "Office" means the National Office
for Combating Terrorism established under title II.
(11) Personnel.--The term "personnel" means officers and
employees.
(12) Risk analysis and risk management.--The term "risk
analysis and risk management" means the assessment,
analysis, management, mitigation, and communication of
homeland security threats, vulnerabilities, criticalities,
and risks.
(13) Secretary.--The term "Secretary" means the Secretary
of Homeland Security.
(14) Strategy.--The term "Strategy" means the National
Strategy for Combating Terrorism and the Homeland Security
Response developed under this division.
(15) United States.--The term "United States", when used
in a geographic sense, means any State (within the meaning of
section 102(4) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Public Law 93-288)), any
possession of the United States, and any waters within the
jurisdiction of the United States.
TITLE I--DEPARTMENT OF HOMELAND SECURITY
Subtitle A--Establishment of the Department of Homeland Security
SEC. 101. ESTABLISHMENT OF THE DEPARTMENT OF HOMELAND
SECURITY.
(a) In General.--There is established the Department of
National Homeland Security.
(b) Executive Department.--Section 101 of title 5, United
States Code, is amended by adding at the end the following:
"The Department of Homeland Security.".
(c) Mission of Department.--
(1) Homeland security.--The mission of the Department is
to--
(A) promote homeland security, particularly with regard to
terrorism;
(B) prevent terrorist attacks or other homeland threats
within the United States;
(C) reduce the vulnerability of the United States to
terrorism, natural disasters, and other homeland threats; and
(D) minimize the damage, and assist in the recovery, from
terrorist attacks or other natural or man-made crises that
occur within the United States.
(2) Other missions.--The Department shall be responsible
for carrying out the other functions, and promoting the other
missions, of entities transferred to the Department as
provided by law.
(d) Seal.--The Secretary shall procure a proper seal, with
such suitable inscriptions and devices as the President shall
approve. This seal, to be known as the official seal of the
Department of Homeland Security, shall be kept and used to
verify official documents, under such rules and regulations
as the Secretary may prescribe. Judicial notice shall be
taken of the seal.
SEC. 102. SECRETARY OF HOMELAND SECURITY.
(a) In General.--The Secretary of Homeland Security shall
be the head of the Department. The Secretary shall be
appointed by the President, by and with the advice and
consent of the Senate.
(b) Responsibilities.--The responsibilities of the
Secretary shall be the following:
(1) To develop policies, goals, objectives, priorities, and
plans for the United States for the promotion of homeland
security, particularly with regard to terrorism.
(2) To administer, carry out, and promote the other
established missions of the entities transferred to the
Department.
(3) To develop, with the Director, a comprehensive strategy
for combating terrorism and the homeland security response in
accordance with title III.
(4) To advise the Director on the development of a
comprehensive annual budget for programs and activities under
the Strategy, and have the responsibility for budget
recommendations relating to border and transportation
security, critical infrastructure protection, emergency
preparedness and response, science and technology promotion
related to homeland security, and Federal support for State
and local activities.
(5) To plan, coordinate, and integrate those Federal
Government activities relating to border and transportation
security, critical infrastructure protection, all-hazards
emergency preparedness, response, recovery, and mitigation.
(6) To serve as a national focal point to analyze all
information available to the United States related to threats
of terrorism and other homeland threats.
(7) To establish and manage a comprehensive risk analysis
and risk management program that directs and coordinates the
supporting risk analysis and risk management activities of
the Directorates and ensures coordination with entities
outside the Department engaged in such activities.
(8) To identify and promote key scientific and
technological advances that will enhance homeland security.
(9) To include, as appropriate, State and local governments
and other entities in the full range of activities undertaken
by the Department to promote homeland security, including--
(A) providing State and local government personnel,
agencies, and authorities, with appropriate intelligence
information, including warnings, regarding threats posed by
terrorism in a timely and secure manner;
(B) facilitating efforts by State and local law enforcement
and other officials to assist in the collection and
dissemination of intelligence information and to provide
information to the Department, and other agencies, in a
timely and secure manner;
(C) coordinating with State, regional, and local government
personnel, agencies, and authorities and, as appropriate,
with the private sector, other entities, and the public, to
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ensure adequate planning, team work, coordination,
information sharing, equipment, training, and exercise
activities;
(D) consulting State and local governments, and other
entities as appropriate, in developing the Strategy under
title III; and
(E) systematically identifying and removing obstacles to
developing effective partnerships between the Department,
other agencies, and State, regional, and local government
personnel, agencies, and authorities, the private sector,
other entities, and the public to secure the homeland.
(10)(A) To consult and coordinate with the Secretary of
Defense and the governors of the several States regarding
integration of the United States military, including the
National Guard, into all aspects of the Strategy and its
implementation, including detection, prevention, protection,
response, and recovery.
(B) To consult and coordinate with the Secretary of Defense
and make recommendations concerning organizational structure,
equipment, and positioning of military assets determined
critical to executing the Strategy.
(C) To consult and coordinate with the Secretary of Defense
regarding the training of personnel to respond to terrorist
attacks involving chemical or biological agents.
(11) To seek to ensure effective day-to-day coordination of
homeland security operations, and establish effective
mechanisms for such coordination, among the elements
constituting the Department and with other involved and
affected Federal, State, and local departments and agencies.
(12) To administer the Homeland Security Advisory System,
exercising primary responsibility for public threat
advisories, and (in coordination with other agencies)
providing specific warning information to State and local
government personnel, agencies and authorities, the private
sector, other entities, and the public, and advice about
appropriate protective actions and countermeasures.
(13) To conduct exercise and training programs for
employees of the Department and other involved agencies, and
establish effective command and control procedures for the
full range of potential contingencies regarding United States
homeland security, including contingencies that require the
substantial support of military assets.
(14) To annually review, update, and amend the Federal
response plan for homeland security and emergency
preparedness with regard to terrorism and other manmade and
natural disasters.
(15) To direct the acquisition and management of all of the
information resources of the Department, including
communications resources.
(16) To endeavor to make the information technology systems
of the Department, including communications systems,
effective, efficient, secure, and appropriately
interoperable.
(17) In furtherance of paragraph (16), to oversee and
ensure the development and implementation of an enterprise
architecture for Department-wide information technology, with
timetables for implementation.
(18) As the Secretary considers necessary, to oversee and
ensure the development and implementation of updated versions
of the enterprise architecture under paragraph (17).
(19) To report to Congress on the development and
implementation of the enterprise architecture under paragraph
(17) in--
(A) each implementation progress report required under
section 185; and
(B) each biennial report required under section 192(b).
(c) Visa Issuance by the Secretary.--
(1) Definition.--In this subsection, the term "consular
officer" has the meaning given that term under section
101(a)(9) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(9)).
(2) In general.--Notwithstanding section 104(a) of the
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any
other provision of law, and except as provided under
paragraph (3), the Secretary--
(A) shall be vested exclusively with all authorities to
issue regulations with respect to, administer, and enforce
the provisions of such Act, and of all other immigration and
nationality laws, relating to the functions of consular
officers of the United States in connection with the granting
or refusal of visas, which authorities shall be exercised
through the Secretary of State, except that the Secretary
shall not have authority to alter or reverse the decision of
a consular officer to refuse a visa to an alien; and
(B)(i) may delegate in whole or part the authority under
subparagraph (A) to the Secretary of State; and
(ii) shall have authority to confer or impose upon any
officer or employee of the United States, with the consent of
the head of the executive agency under whose jurisdiction
such officer or employee is serving, any of the functions
specified in subparagraph (A).
(3) Authority of the secretary of state.--
(A) In general.--The Secretary of State may direct a
consular officer to refuse a visa to an alien if the
Secretary of State considers such refusal necessary or
advisable in the foreign policy or security interests of the
United States.
(B) Statutory construction.--Nothing in this subsection
shall be construed as affecting the authorities of the
Secretary of State under the following provisions of law:
(i) Section 101(a)(15)(A) of the Immigration and
Nationality Act (8 U.S.C. 1101(15)(A)).
(ii) Section 212(a)(3)(B)(i)(IV)(bb) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(IV)(bb)).
(iii) Section 212(a)(3)(B)(i)(VI) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(VI)).
(iv) Section 212(a)(3)(B)(vi)(II) of the Immigration and
Nationality Act (8 U.S.C. 1182 (a)(3)(B)(vi)(II)).
(v) Section 212(a)(3)(C) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(C)).
(vi) Section 212(a)(10)(C) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(10)(C)).
(vii) Section 212(f) of the Immigration and Nationality Act
(8 U.S.C. 1182(f)).
(viii) Section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)).
(ix) Section 237(a)(4)(C) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(4)(C)).
(x) Section 104 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6034).
(xi) Section 616 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 1999 (Public Law 105-277).
(xii) Section 103(f) of the Chemical Weapons Convention
Implementation Act of 1998 (112 Stat. 2681-865).
(xiii) Section 801 of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years
2002 and 2001 (113 Stat. 1501A-468).
(xiv) Section 568 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002
(Public Law 107-115).
(xv) Section 51 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2723).
(xvi) Section 204(d)(2) of the Immigration and Nationality
Act (8 U.S.C. 1154) (as it will take effect upon the entry
into force of the Convention on Protection of Children and
Cooperation in Respect to Inter-Country Adoption).
(4) Consular officers and chiefs of missions.--Nothing in
this subsection may be construed to alter or affect--
(A) the employment status of consular officers as employees
of the Department of State; or
(B) the authority of a chief of mission under section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927).
(5) Assignment of homeland security employees to diplomatic
and consular posts.--
(A) In general.--The Secretary is authorized to assign
employees of the Department to diplomatic and consular posts
abroad to perform the following functions:
(i) Provide expert advice to consular officers regarding
specific security threats relating to the adjudication of
individual visa applications or classes of applications.
(ii) Review any such applications, either on the initiative
of the employee of the Department or upon request by a
consular officer or other person charged with adjudicating
such applications.
(iii) Conduct investigations with respect to matters under
the jurisdiction of the Secretary.
(B) Permanent assignment; participation in terrorist
lookout committee.--When appropriate, employees of the
Department assigned to perform functions described in
subparagraph (A) may be assigned permanently to overseas
diplomatic or consular posts with country-specific or
regional responsibility. If the Secretary so directs, any
such employee, when present at an overseas post, shall
participate in the terrorist lookout committee established
under section 304 of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (8 U.S.C. 1733).
(C) Training and hiring.--
(i) In general.--The Secretary shall ensure that any
employees of the Department assigned to perform functions
described under subparagraph (A) and, as appropriate,
consular officers, shall be provided all necessary training
to enable them to carry out such functions, including
training in foreign languages, in conditions in the
particular country where each employee is assigned, and in
other appropriate areas of study.
(ii) Foreign language proficiency.--Before assigning
employees of the Department to perform the functions
described under subparagraph (A), the Secretary shall
promulgate regulations establishing foreign language
proficiency requirements for employees of the Department
performing the functions described under subparagraph (A) and
providing that preference shall be given to individuals who
meet such requirements in hiring employees for the
performance of such functions.
(iii) Use of center.--The Secretary is authorized to use
the National Foreign Affairs Training Center, on a
reimbursable basis, to obtain the training described in
clause (i).
(6) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of
State shall submit to Congress--
(A) a report on the implementation of this subsection; and
(B) any legislative proposals necessary to further the
objectives of this subsection.
(7) Effective date.--This subsection shall take effect on
the earlier of--
(A) the date on which the President publishes notice in the
Federal Register that the President has submitted a report to
Congress setting forth a memorandum of understanding between
the Secretary and the Secretary of State governing the
implementation of this section; or
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(B) the date occurring 1 year after the date of enactment
of this Act.
(d) Membership on the National Security Council.--Section
101(a) of the National Security Act of 1947 (50 U.S.C.
402(a)) is amended in the fourth sentence by striking
paragraphs (5), (6), and (7) and inserting the following:
"(5) the Secretary of Homeland Security; and
"(6) each Secretary or Under Secretary of such other
executive department, or of a military department, as the
President shall designate.".
SEC. 103. DEPUTY SECRETARY OF HOMELAND SECURITY.
(a) In General.--There shall be in the Department a Deputy
Secretary of Homeland Security, who shall be appointed by the
President, by and with the advice and consent of the Senate.
(b) Responsibilities.--The Deputy Secretary of Homeland
Security shall--
(1) assist the Secretary in the administration and
operations of the Department;
(2) perform such responsibilities as the Secretary shall
prescribe; and
(3) act as the Secretary during the absence or disability
of the Secretary or in the event of a vacancy in the office
of the Secretary.
SEC. 104. UNDER SECRETARY FOR MANAGEMENT.
(a) In General.--There shall be in the Department an Under
Secretary for Management, who shall be appointed by the
President, by and with the advice and consent of the Senate.
(b) Responsibilities.--The Under Secretary for Management
shall report to the Secretary, who may assign to the Under
Secretary such functions related to the management and
administration of the Department as the Secretary may
prescribe, including--
(1) the budget, appropriations, expenditures of funds,
accounting, and finance;
(2) procurement;
(3) human resources and personnel;
(4) information technology and communications systems;
(5) facilities, property, equipment, and other material
resources;
(6) security for personnel, information technology and
communications systems, facilities, property, equipment, and
other material resources; and
(7) identification and tracking of performance measures
relating to the responsibilities of the Department.
SEC. 105. ASSISTANT SECRETARIES.
(a) In General.--There shall be in the Department not more
than 5 Assistant Secretaries (not including the 2 Assistant
Secretaries appointed under division B), each of whom shall
be appointed by the President, by and with the advice and
consent of the Senate.
(b) Responsibilities.--
(1) In general.--Whenever the President submits the name of
an individual to the Senate for confirmation as an Assistant
Secretary under this section, the President shall describe
the general responsibilities that such appointee will
exercise upon taking office.
(2) Assignment.--Subject to paragraph (1), the Secretary
shall assign to each Assistant Secretary such functions as
the Secretary considers appropriate.
SEC. 106. INSPECTOR GENERAL.
(a) In General.--There shall be in the Department an
Inspector General. The Inspector General and the Office of
Inspector General shall be subject to the Inspector General
Act of 1978 (5 U.S.C. App.).
(b) Establishment.--Section 11 of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by inserting "Homeland Security,"
after "Health and Human Services,"; and
(2) in paragraph (2), by inserting "Homeland Security,"
after "Health and Human Services,".
(c) Review of the Department of Homeland Security.--The
Inspector General shall designate 1 official who shall--
(1) review information and receive complaints alleging
abuses of civil rights and civil liberties by employees and
officials of the Department;
(2) publicize, through the Internet, radio, television, and
newspaper advertisements--
(A) information on the responsibilities and functions of
the official; and
(B) instructions on how to contact the official; and
(3) on a semi-annual basis, submit to Congress, for
referral to the appropriate committee or committees, a
report--
(A) describing the implementation of this subsection;
(B) detailing any civil rights abuses under paragraph (1);
and
(C) accounting for the expenditure of funds to carry out
this subsection.
(d) Additional Provisions With Respect to the Inspector
General of the Department of Homeland Security.--The
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating section 8I as section 8J; and
(2) by inserting after section 8H the following:
special provisions concerning the department of homeland security
"Sec. 8I. (a)(1) Notwithstanding the last 2 sentences of
section 3(a), the Inspector General of the Department of
Homeland Security (in this section referred to as the
"Inspector General") shall be under the authority,
direction, and control of the Secretary of Homeland Security
(in this section referred to as the "Secretary") with
respect to audits or investigations, or the issuance of
subpoenas, which require access to sensitive information
concerning--
"(A) intelligence or counterintelligence matters;
"(B) ongoing criminal investigations or proceedings;
"(C) undercover operations;
"(D) the identity of confidential sources, including
protected witnesses;
"(E) other matters the disclosure of which would
constitute a serious threat to the protection of any person
or property authorized protection by--
"(i) section 3056 of title 18, United States Code;
"(ii) section 202 of title 3, United States Code; or
"(iii) any provision of the Presidential Protection
Assistance Act of 1976 (18 U.S.C. 3056 note); or
"(F) other matters the disclosure of which would
constitute a serious threat to national security.
"(2) With respect to the information described under
paragraph (1), the Secretary may prohibit the Inspector
General from carrying out or completing any audit or
investigation, or from issuing any subpoena, after such
Inspector General has decided to initiate, carry out, or
complete such audit or investigation or to issue such
subpoena, if the Secretary determines that such prohibition
is necessary to--
"(A) prevent the disclosure of any information described
under paragraph (1);
"(B) preserve the national security; or
"(C) prevent significant impairment to the national
interests of the United States.
"(3) If the Secretary exercises any power under paragraph
(1) or (2), the Secretary shall notify the Inspector General
in writing (appropriately classified, if necessary) within 7
calendar days stating the reasons for such exercise. Within
30 days after receipt of any such notice, the Inspector
General shall transmit a copy of such notice, together with
such comments concerning the exercise of such power as the
Inspector General considers appropriate, to--
"(A) the President of the Senate;
"(B) the Speaker of the House of Representatives;
"(C) the Committee on Governmental Affairs of the Senate;
"(D) the Committee on Government Reform of the House of
Representatives; and
"(E) other appropriate committees or subcommittees of
Congress.
"(b)(1) In carrying out the duties and responsibilities
under this Act, the Inspector General shall have oversight
responsibility for the internal investigations and audits
performed by any other office performing internal
investigatory or audit functions in any subdivision of the
Department of Homeland Security.
"(2) The head of each other office described under
paragraph (1) shall promptly report to the Inspector General
the significant activities being carried out by such office.
"(3) Notwithstanding paragraphs (1) and (2), the Inspector
General may initiate, conduct, and supervise such audits and
investigations in the Department (including in any
subdivision referred to in paragraph (1)) as the Inspector
General considers appropriate.
"(4) If the Inspector General initiates an audit or
investigation under paragraph (3) concerning a subdivision
referred to in paragraph (1), the Inspector General may
provide the head of the other office performing internal
investigatory or audit functions in the subdivision with
written notice that the Inspector General has initiated such
an audit or investigation. If the Inspector General issues
such a notice, no other audit or investigation shall be
initiated into the matter under audit or investigation by the
Inspector General, and any other audit or investigation of
such matter shall cease.
"(c) Any report required to be transmitted by the
Secretary to the appropriate committees or subcommittees of
Congress under section 5(d) shall also be transmitted, within
the 7-day period specified under that subsection, to--
"(1) the President of the Senate;
"(2) the Speaker of the House of Representatives;
"(3) the Committee on Governmental Affairs of the Senate;
and
"(4) the Committee on Government Reform of the House of
Representatives.".
(e) Technical and Conforming Amendments.--The Inspector
General Act of 1978 (5 U.S.C. appendix) is amended--
(1) in section 4(b), by striking "8F" each place it
appears and inserting "8G"; and
(2) in section 8J (as redesignated by subsection (c)(1)),
by striking "or 8H" and inserting ", 8H, or 8I"."
SEC. 107. CHIEF FINANCIAL OFFICER.
(a) In General.--There shall be in the Department a Chief
Financial Officer, who shall be appointed or designated in
the manner prescribed under section 901(a)(1) of title 31,
United States Code.
(b) Establishment.--Section 901(b)(1) of title 31, United
States Code, is amended--
(1) by redesignating subparagraphs (G) through (P) as
subparagraphs (H) through (Q), respectively; and
(2) by inserting after subparagraph (F) the following:
"(G) The Department of Homeland Security.".
[[Page S8105]]
SEC. 108. CHIEF INFORMATION OFFICER.
(a) In General.--There shall be in the Department a Chief
Information Officer, who shall be designated in the manner
prescribed under section 3506(a)(2)(A) of title 44, United
States Code.
(b) Responsibilities.--The Chief Information Officer shall
assist the Secretary with Department-wide information
resources management and perform those duties prescribed by
law for chief information officers of agencies.
SEC. 109. GENERAL COUNSEL.
(a) In General.--There shall be in the Department a General
Counsel, who shall be appointed by the President, by and with
the advice and consent of the Senate.
(b) Responsibilities.--The General Counsel shall--
(1) serve as the chief legal officer of the Department;
(2) provide legal assistance to the Secretary concerning
the programs and policies of the Department; and
(3) advise and assist the Secretary in carrying out the
responsibilities under section 102(b).
SEC. 110. CIVIL RIGHTS OFFICER.
(a) In General.--There shall be in the Department a Civil
Rights Officer, who shall be appointed by the President, by
and with the advice and consent of the Senate.
(b) Responsibilities.--The Civil Rights Officer shall be
responsible for--
(1) ensuring compliance with all civil rights and related
laws and regulations applicable to Department employees and
participants in Department programs;
(2) coordinating administration of all civil rights and
related laws and regulations within the Department for
Department employees and participants in Department programs;
(3) assisting the Secretary, directorates, and offices with
the development and implementation of policies and procedures
that ensure that civil rights considerations are
appropriately incorporated and implemented in Department
programs and activities;
(4) overseeing compliance with statutory and constitutional
requirements related to the civil rights of individuals
affected by the programs and activities of the Department;
and
(5) notifying the Inspector General of any matter that, in
the opinion of the Civil Rights Officer, warrants further
investigation.
SEC. 111. PRIVACY OFFICER.
(a) In General.--There shall be in the Department a Privacy
Officer, who shall be appointed by the Secretary.
(b) Responsibilities.--The Privacy Officer shall--
(1) oversee compliance with section 552a of title 5, United
States Code (commonly referred to as the Privacy Act of 1974)
and all other applicable laws relating to the privacy of
personal information;
(2) assist the Secretary, directorates, and offices with
the development and implementation of policies and procedures
that ensure that--
(A) privacy considerations and safeguards are appropriately
incorporated and implemented in Department programs and
activities; and
(B) any information received by the Department is used or
disclosed in a manner that minimizes the risk of harm to
individuals from the inappropriate disclosure or use of such
materials;
(3) assist Department personnel with the preparation of
privacy impact assessments when required by law or considered
appropriate by the Secretary; and
(4) notify the Inspector General of any matter that, in the
opinion of the Privacy Officer, warrants further
investigation.
SEC. 112. CHIEF HUMAN CAPITAL OFFICER.
(a) In General.--The Secretary shall appoint or designate a
Chief Human Capital Officer, who shall--
(1) advise and assist the Secretary and other officers of
the Department in ensuring that the workforce of the
Department has the necessary skills and training, and that
the recruitment and retention policies of the Department
allow the Department to attract and retain a highly qualified
workforce, in accordance with all applicable laws and
requirements, to enable the Department to achieve its
missions;
(2) oversee the implementation of the laws, rules and
regulations of the President and the Office of Personnel
Management governing the civil service within the Department;
and
(3) advise and assist the Secretary in planning and
reporting under the Government Performance and Results Act of
1993 (including the amendments made by that Act), with
respect to the human capital resources and needs of the
Department for achieving the plans and goals of the
Department.
(b) Responsibilities.--The responsibilities of the Chief
Human Capital Officer shall include--
(1) setting the workforce development strategy of the
Department;
(2) assessing workforce characteristics and future needs
based on the mission and strategic plan of the Department;
(3) aligning the human resources policies and programs of
the Department 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;
(6) applying methods for measuring intellectual capital and
identifying links of that capital to organizational
performance and growth; and
(7) providing employee training and professional
development.
SEC. 113. OFFICE OF INTERNATIONAL AFFAIRS.
(a) Establishment.--There is established within the Office
of the Secretary, an Office of International Affairs. The
Office shall be headed by a Director who shall be appointed
by the Secretary.
(b) Responsibilities of the Director.--The Director shall
have the following responsibilities:
(1) To promote information and education exchange with
foreign nations in order to promote sharing of best practices
and technologies relating to homeland security. Such
information exchange shall include--
(A) joint research and development on countermeasures;
(B) joint training exercises of first responders; and
(C) exchange of expertise on terrorism prevention,
response, and crisis management.
(2) To identify areas for homeland security information and
training exchange.
(3) To plan and undertake international conferences,
exchange programs, and training activities.
(4) To manage activities under this section and other
international activities within the Department in
consultation with the Department of State and other relevant
Federal officials.
(5) To initially concentrate on fostering cooperation with
countries that are already highly focused on homeland
security issues and that have demonstrated the capability for
fruitful cooperation with the United States in the area of
counterterrorism.
SEC. 114. EXECUTIVE SCHEDULE POSITIONS.
(a) Executive Schedule Level I Position.--Section 5312 of
title 5, United States Code, is amended by adding at the end
the following:
"Secretary of Homeland Security.".
(b) Executive Schedule Level II Position.--Section 5313 of
title 5, United States Code, is amended by adding at the end
the following:
"Deputy Secretary of Homeland Security.".
(c) Executive Schedule Level III Position.--Section 5314 of
title 5, United States Code, is amended by adding at the end
the following:
"Under Secretary for Management, Department of Homeland
Security.".
(d) Executive Schedule Level IV Positions.--Section 5315 of
title 5, United States Code, is amended by adding at the end
the following:
"Assistant Secretaries of Homeland Security (5).
"Inspector General, Department of Homeland Security.
"Chief Financial Officer, Department of Homeland Security.
"Chief Information Officer, Department of Homeland
Security.
"General Counsel, Department of Homeland Security.".
Subtitle B--Establishment of Directorates and Offices
SEC. 131. DIRECTORATE OF BORDER AND TRANSPORTATION
PROTECTION.
(a) Establishment.--
(1) Directorate.--There is established within the
Department the Directorate of Border and Transportation
Protection.
(2) Under secretary.--There shall be an Under Secretary for
Border and Transportation, who shall be appointed by the
President, by and with the advice and consent of the Senate.
(b) Responsibilities.--The Directorate of Border and
Transportation Protection shall be responsible for the
following:
(1) Securing the borders, territorial waters, ports,
terminals, waterways and air, land (including rail), and sea
transportation systems of the United States, including
coordinating governmental activities at ports of entry.
(2) Receiving and providing relevant intelligence on
threats of terrorism and other homeland threats.
(3) Administering, carrying out, and promoting other
established missions of the entities transferred to the
Directorate.
(4) Using intelligence from the Directorate of Intelligence
and other Federal intelligence organizations under section
132(a)(1)(B) to establish inspection priorities to identify
products, including agriculture and livestock, and other
goods imported from suspect locations recognized by the
intelligence community as having terrorist activities,
unusual human health or agriculture disease outbreaks, or
harboring terrorists.
(5) Providing agency-specific training for agents and
analysts within the Department, other agencies, and State and
local agencies and international entities that have
established partnerships with the Federal Law Enforcement
Training Center.
(6) Assisting and supporting the Secretary, in coordination
with other Directorates and entities outside the Department,
in conducting appropriate risk analysis and risk management
activities consistent with the mission and functions of the
Directorate.
(7) Performing such other duties as assigned by the
Secretary.
(c) Transfer of Authorities, Functions, Personnel, and
Assets to the Department.--Except as provided under
subsection
[[Page S8106]]
(d), the authorities, functions, personnel, and assets of the
following entities are transferred to the Department:
(1) The United States Customs Service, which shall be
maintained as a distinct entity within the Department.
(2) The United States Coast Guard, which shall be
maintained as a distinct entity within the Department.
(3) The Animal and Plant Health Inspection Service of the
Department of Agriculture, that portion of which administers
laws relating to agricultural quarantine inspections at
points of entry.
(4) The Transportation Security Administration of the
Department of Transportation.
(5) The Federal Law Enforcement Training Center of the
Department of the Treasury.
(d) Exercise of Customs Revenue Authority.--
(1) In general.--
(A) Authorities not transferred.--Notwithstanding
subsection (c), authority that was vested in the Secretary of
the Treasury by law to issue regulations related to customs
revenue functions before the effective date of this section
under the provisions of law set forth under paragraph (2)
shall not be transferred to the Secretary by reason of this
Act. The Secretary of the Treasury, with the concurrence of
the Secretary, shall exercise this authority. The
Commissioner of Customs is authorized to engage in activities
to develop and support the issuance of the regulations
described in this paragraph. The Secretary shall be
responsible for the implementation and enforcement of
regulations issued under this section.
(B) Report.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the Treasury shall
submit a report to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives of proposed conforming amendments to the
statutes set forth under paragraph (2) in order to determine
the appropriate allocation of legal authorities described
under this subsection. The Secretary of the Treasury shall
also identify those authorities vested in the Secretary of
the Treasury that are exercised by the Commissioner of
Customs on or before the effective date of this section.
(C) Liability.--Neither the Secretary of the Treasury nor
the Department of the Treasury shall be liable for or named
in any legal action concerning the implementation and
enforcement of regulations issued under this paragraph on or
after the date on which the United States Customs Service is
transferred under this division.
(2) Applicable laws.--The provisions of law referred to
under paragraph (1) are those sections of the following
statutes that relate to customs revenue functions:
(A) The Tariff Act of 1930 (19 U.S.C. 1304 et seq.).
(B) Section 249 of the Revised Statutes of the United
States (19 U.S.C. 3).
(C) Section 2 of the Act of March 4, 1923 (19 U.S.C. 6).
(D) Section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c).
(E) Section 251 of the Revised Statutes of the United
States (19 U.S.C. 66).
(F) Section 1 of the Act of June 26, 1930 (19 U.S.C. 68).
(G) The Foreign Trade Zones Act (19 U.S.C. 81a et seq.).
(H) Section 1 of the Act of March 2, 1911 (19 U.S.C. 198).
(I) The Trade Act of 1974 (19 U.S.C. 2101 et seq.).
(J) The Trade Agreements Act of 1979 (19 U.S.C. 2502 et
seq.).
(K) The North American Free Trade Agreement Implementation
Act (19 U.S.C. 3301 et seq.).
(L) The Uruguay Round Agreements Act (19 U.S.C. 3501 et
seq.).
(M) The Caribbean Basin Economic Recovery Act (19 U.S.C.
2701 et seq.).
(N) The Andean Trade Preference Act (19 U.S.C. 3201 et
seq.).
(O) The African Growth and Opportunity Act (19 U.S.C. 3701
et seq.).
(P) Any other provision of law vesting customs revenue
functions in the Secretary of the Treasury.
(3) Definition of customs revenue functions.--In this
subsection, the term "customs revenue functions" means--
(A) assessing, collecting, and refunding duties (including
any special duties), excise taxes, fees, and any liquidated
damages or penalties due on imported merchandise,
including classifying and valuing merchandise and the
procedures for "entry" as that term is defined in the
United States Customs laws;
(B) administering section 337 of the Tariff Act of 1930 and
provisions relating to import quotas and the marking of
imported merchandise, and providing Customs Recordations for
copyrights, patents, and trademarks;
(C) collecting accurate import data for compilation of
international trade statistics; and
(D) administering reciprocal trade agreements and trade
preference legislation.
(e) Preserving Coast Guard Mission Performance.--
(1) Definitions.--In this subsection:
(A) Non-homeland security missions.--The term "non-
homeland security missions" means the following missions of
the Coast Guard:
(i) Marine safety.
(ii) Search and rescue.
(iii) Aids to navigation.
(iv) Living marine resources (fisheries law enforcement).
(v) Marine environmental protection.
(vi) Ice operations.
(B) Homeland security missions.--The term "homeland
security missions" means the following missions of the Coast
Guard:
(i) Ports, waterways and coastal security.
(ii) Drug interdiction.
(iii) Migrant interdiction.
(iv) Defense readiness.
(v) Other law enforcement.
(2) Maintenance of status of functions and assets.--
Notwithstanding any other provision of this Act, the
authorities, functions, assets, organizational structure,
units, personnel, and non-homeland security missions of the
Coast Guard shall be maintained intact and without reduction
after the transfer of the Coast Guard to the Department,
except as specified in subsequent Acts.
(3) Certain transfers prohibited.--None of the missions,
functions, personnel, and assets (including for purposes of
this subsection ships, aircraft, helicopters, and vehicles)
of the Coast Guard may be transferred to the operational
control of, or diverted to the principal and continuing use
of, any other organization, unit, or entity of the
Department.
(4) Changes to non-homeland security missions.--
(A) Prohibition.--The Secretary may not make any
substantial or significant change to any of the non-homeland
security missions of the Coast Guard, or to the capabilities
of the Coast Guard to carry out each of the non-homeland
security missions, without the prior approval of Congress as
expressed in a subsequent Act.
(B) Waiver.--The President may waive the restrictions under
subparagraph (A) for a period of not to exceed 90 days upon a
declaration and certification by the President to Congress
that a clear, compelling, and immediate state of national
emergency exists that justifies such a waiver. A
certification under this paragraph shall include a detailed
justification for the declaration and certification,
including the reasons and specific information that
demonstrate that the Nation and the Coast Guard cannot
respond effectively to the national emergency if the
restrictions under subparagraph (A) are not waived.
(5) Annual review.--
(A) In general.--The Inspector General of the Department
shall conduct an annual review that shall assess thoroughly
the performance by the Coast Guard of all missions of the
Coast Guard (including non-homeland security missions and
homeland security missions) with a particular emphasis on
examining the non-homeland security missions.
(B) Report.--The report under this paragraph shall be
submitted not later than March 1 of each year to--
(i) the Committee on Governmental Affairs of the Senate;
(ii) the Committee on Government Reform of the House of
Representatives;
(iii) the Committees on Appropriations of the Senate and
the House of Representatives;
(iv) the Committee on Commerce, Science, and Transportation
of the Senate; and
(v) the Committee on Transportation and Infrastructure of
the House of Representatives.
(6) Direct reporting to secretary.--Upon the transfer of
the Coast Guard to the Department, the Commandant shall
report directly to the Secretary without being required to
report through any other official of the Department.
(7) Operation as a service in the navy.--None of the
conditions and restrictions in this subsection shall apply
when the Coast Guard operates as a service in the Navy under
section 3 of title 14, United States Code.
SEC. 132. DIRECTORATE OF INTELLIGENCE.
(a) Establishment.--
(1) Directorate.--
(A) In general.--There is established a Directorate of
Intelligence which shall serve as a national-level focal
point for information available to the United States
Government relating to the plans, intentions, and
capabilities of terrorists and terrorist organizations for
the purpose of supporting the mission of the Department.
(B) Support to directorate.--The Directorate of
Intelligence shall communicate, coordinate, and cooperate
with--
(i) the Federal Bureau of Investigation;
(ii) the intelligence community, as defined under section 3
of the National Security Act of 1947 (50 U.S.C. 401a),
including the Office of the Director of Central Intelligence,
the National Intelligence Council, the Central Intelligence
Agency, the National Security Agency, the Defense
Intelligence Agency, the National Imagery and Mapping Agency,
the National Reconnaissance Office, and the Bureau of
Intelligence and Research of the Department of State; and
(iii) other agencies or entities, including those within
the Department, as determined by the Secretary.
(C) Information on international terrorism.--
(i) Definitions.--In this subparagraph, the terms "foreign
intelligence" and "counterintelligence" shall have the
meaning given those terms in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a).
(ii) Provision of information to counterterrorist center.--
In order to ensure that the Secretary is provided with
appropriate analytical products, assessments,
[[Page S8107]]
and warnings relating to threats of terrorism against the
United States and other threats to homeland security, the
Director of Central Intelligence (as head of the intelligence
community with respect to foreign intelligence and
counterintelligence), the Attorney General, and the heads of
other agencies of the Federal Government shall ensure that
all intelligence and other information relating to
international terrorism is provided to the Director of
Central Intelligence's Counterterrorist Center.
(iii) Analysis of information.--The Director of Central
Intelligence shall ensure the analysis by the
Counterterrorist Center of all intelligence and other
information provided the Counterterrorist Center under clause
(ii).
(iv) Analysis of foreign intelligence.--The
Counterterrorist Center shall have primary responsibility for
the analysis of foreign intelligence relating to
international terrorism.
(2) Under secretary.--There shall be an Under Secretary for
Intelligence who shall be appointed by the President, by and
with the advice and consent of the Senate.
(b) Responsibilities.--The Directorate of Intelligence
shall be responsible for the following:
(1)(A) Receiving and analyzing law enforcement and other
information from agencies of the United States Government,
State and local government agencies (including law
enforcement agencies), and private sector entities, and
fusing such information and analysis with analytical
products, assessments, and warnings concerning foreign
intelligence from the Director of Central Intelligence's
Counterterrorist Center in order to--
(i) identify and assess the nature and scope of threats to
the homeland; and
(ii) detect and identify threats of terrorism against the
United States and other threats to homeland security.
(B) Nothing in this paragraph shall be construed to
prohibit the Directorate from conducting supplemental
analysis of foreign intelligence relating to threats of
terrorism against the United States and other threats to
homeland security.
(2) Ensuring timely and efficient access by the Directorate
to--
(A) information from agencies described under subsection
(a)(1)(B), State and local governments, local law enforcement
and intelligence agencies, private sector entities; and
(B) open source information.
(3) Representing the Department in procedures to establish
requirements and priorities in the collection of national
intelligence for purposes of the provision to the executive
branch under section 103 of the National Security Act of 1947
(50 U.S.C. 403-3) of national intelligence relating to
foreign terrorist threats to the homeland.
(4) Consulting with the Attorney General or the designees
of the Attorney General, and other officials of the United
States Government to establish overall collection priorities
and strategies for information, including law enforcement
information, relating to domestic threats, such as
terrorism, to the homeland.
(5) Disseminating information to the Directorate of
Critical Infrastructure Protection, the agencies described
under subsection (a)(1)(B), State and local governments,
local law enforcement and intelligence agencies, and private
sector entities to assist in the deterrence, prevention,
preemption, and response to threats of terrorism against the
United States and other threats to homeland security.
(6) Establishing and utilizing, in conjunction with the
Chief Information Officer of the Department and the
appropriate officers of the agencies described under
subsection (a)(1)(B), a secure communications and information
technology infrastructure, and advanced analytical tools, to
carry out the mission of the Directorate.
(7) Developing, in conjunction with the Chief Information
Officer of the Department and appropriate officers of the
agencies described under subsection (a)(1)(B), appropriate
software, hardware, and other information technology, and
security and formatting protocols, to ensure that Federal
Government databases and information technology systems
containing information relevant to terrorist threats, and
other threats against the United States, are--
(A) compatible with the secure communications and
information technology infrastructure referred to under
paragraph (6); and
(B) comply with Federal laws concerning privacy and the
prevention of unauthorized disclosure.
(8) Ensuring, in conjunction with the Director of Central
Intelligence and the Attorney General, that all material
received by the Department is protected against unauthorized
disclosure and is utilized by the Department only in the
course and for the purpose of fulfillment of official duties,
and is transmitted, retained, handled, and disseminated
consistent with--
(A) the authority of the Director of Central Intelligence
to protect intelligence sources and methods from unauthorized
disclosure under the National Security Act of 1947 (50 U.S.C.
401 et seq.) and related procedures; or
(B) as appropriate, similar authorities of the Attorney
General concerning sensitive law enforcement information, and
the privacy interests of United States persons as defined
under section 101 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801).
(9) Providing, through the Secretary, to the appropriate
law enforcement or intelligence agency, information and
analysis relating to threats.
(10) Coordinating, or where appropriate providing, training
and other support as necessary to providers of information to
the Department, or consumers of information from the
Department, to allow such providers or consumers to identify
and share intelligence information revealed in their ordinary
duties or utilize information received from the Department,
including training and support under section 908 of the USA
PATRIOT Act of 2001 (Public Law 107-56).
(11) Reviewing, analyzing, and making recommendations
through the Secretary for improvements in the policies and
procedures governing the sharing of law enforcement,
intelligence, and other information relating to threats of
terrorism against the United States and other threats to
homeland security within the United States Government and
between the United States Government and State and local
governments, local law enforcement and intelligence agencies,
and private sector entities.
(12) Assisting and supporting the Secretary, in
coordination with other Directorates and entities outside the
Department, in conducting appropriate risk analysis and risk
management activities consistent with the mission and
functions of the Directorate.
(13) Performing other related and appropriate duties as
assigned by the Secretary.
(c) Access to Information.--
(1) In general.--Unless otherwise directed by the
President, the Secretary shall have access to, and United
States Government agencies shall provide, all reports,
assessments, analytical information, and information,
including unevaluated intelligence, relating to the plans,
intentions, capabilities, and activities of terrorists and
terrorist organizations, and to other areas of responsibility
as described in this division, that may be collected,
possessed, or prepared, by any other United States Government
agency.
(2) Additional information.--As the President may further
provide, the Secretary shall receive additional information
requested by the Secretary from the agencies described under
subsection (a)(1)(B).
(3) Obtaining information.--All information shall be
provided to the Secretary consistent with the requirements of
subsection (b)(8), unless otherwise determined by the
President.
(4) Cooperative arrangements.--The Secretary may enter into
cooperative arrangements with agencies described under
subsection (a)(1)(B) to share material on a regular or
routine basis, including arrangements involving broad
categories of material, and regardless of whether the
Secretary has entered into any such cooperative arrangement,
all agencies described under subsection (a)(1)(B) shall
promptly provide information under this subsection.
(d) Authorization To Share Law Enforcement Information.--
The Secretary shall be deemed to be a Federal law
enforcement, intelligence, protective, national defense, or
national security official for purposes of information
sharing provisions of--
(1) section 203(d) of the USA PATRIOT Act of 2001 (Public
Law 107-56);
(2) section 2517(6) of title 18, United States Code; and
(3) rule 6(e)(3)(C) of the Federal Rules of Criminal
Procedure.
(e) Additional Risk Analysis and Risk Management
Responsibilities.--The Under Secretary for Intelligence
shall, in coordination with the Office of Risk Analysis and
Assessment in the Directorate of Science and Technology, be
responsible for--
(1) developing analysis concerning the means and methods
terrorists might employ to exploit vulnerabilities in the
homeland security infrastructure;
(2) supporting experiments, tests, and inspections to
identify weaknesses in homeland defenses;
(3) developing countersurveillance techniques to prevent
attacks;
(4) conducting risk assessments to determine the risk posed
by specific kinds of terrorist attacks, the probability of
successful attacks, and the feasibility of specific
countermeasures.
(f) Management and Staffing.--
(1) In general.--The Directorate of Intelligence shall be
staffed, in part, by analysts as requested by the Secretary
and assigned by the agencies described under subsection
(a)(1)(B). The analysts shall be assigned by reimbursable
detail for periods as determined necessary by the Secretary
in conjunction with the head of the assigning agency. No such
detail may be undertaken without the consent of the assigning
agency.
(2) Employees assigned within department.--The Secretary
may assign employees of the Department by reimbursable detail
to the Directorate.
(3) Service as factor for selection.--The President, or the
designee of the President, shall prescribe regulations to
provide that service described under paragraph (1) or (2), or
service by employees within the Directorate, shall be
considered a positive factor for selection to positions of
greater authority within all agencies described under
subsection (a)(1)(B).
(4) Personnel security standards.--The employment of
personnel in the Directorate shall be in accordance with such
personnel security standards for access to classified
information and intelligence as the Secretary, in conjunction
with the Director of Central
[[Page S8108]]
Intelligence, shall establish for this subsection.
(5) Performance evaluation.--The Secretary shall evaluate
the performance of all personnel detailed to the Directorate,
or delegate such responsibility to the Under Secretary for
Intelligence.
(g) Intelligence Community.--Those portions of the
Directorate of Intelligence under subsection (b)(1), and the
intelligence-related components of agencies transferred by
this division to the Department, including the United States
Coast Guard, shall be--
(1) considered to be part of the United States intelligence
community within the meaning of section 3 of the National
Security Act of 1947 (50 U.S.C. 401a); and
(2) for budgetary purposes, within the National Foreign
Intelligence Program.
SEC. 133. DIRECTORATE OF CRITICAL INFRASTRUCTURE PROTECTION.
(a) Establishment.--
(1) Directorate.--There is established within the
Department the Directorate of Critical Infrastructure
Protection.
(2) Under secretary.--There shall be an Under Secretary for
Critical Infrastructure Protection, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
(b) Responsibilities.--The Directorate of Critical
Infrastructure Protection shall be responsible for the
following:
(1) Receiving relevant intelligence from the Directorate of
Intelligence, law enforcement information, and other
information in order to comprehensively assess the
vulnerabilities of the key resources and critical
infrastructures in the United States.
(2) Integrating relevant information, intelligence
analysis, and vulnerability assessments (whether such
information, analyses, or assessments are provided by the
Department or others) to identify priorities and support
protective measures by the Department, by other agencies, by
State and local government personnel, agencies, and
authorities, by the private sector, and by other entities, to
protect the key resources and critical infrastructures in the
United States.
(3) As part of the Strategy, developing a comprehensive
national plan for securing the key resources and critical
infrastructure in the United States.
(4) Assisting and supporting the Secretary, in coordination
with other Directorates and entities outside the Department,
in conducting appropriate risk analysis and risk management
activities consistent with the mission and functions of the
Directorate. This shall include, in coordination with the
Office of Risk Analysis and Assessment in the Directorate of
Science and Technology, establishing procedures, mechanisms,
or units for the purpose of utilizing intelligence to
identify vulnerabilities and protective measures in--
(A) public health infrastructure;
(B) food and water storage, production and distribution;
(C) commerce systems, including banking and finance;
(D) energy systems, including electric power and oil and
gas production and storage;
(E) transportation systems, including pipelines;
(F) information and communication systems;
(G) continuity of government services; and
(H) other systems or facilities the destruction or
disruption of which could cause substantial harm to health,
safety, property, or the environment.
(5) Enhancing the sharing of information regarding cyber
security and physical security of the United States,
developing appropriate security standards, tracking
vulnerabilities, proposing improved risk management
policies, and delineating the roles of various Government
agencies in preventing, defending, and recovering from
attacks.
(6) Acting as the Critical Information Technology,
Assurance, and Security Officer of the Department and
assuming the responsibilities carried out by the Critical
Infrastructure Assurance Office and the National
Infrastructure Protection Center before the effective date of
this division.
(7) Coordinating the activities of the Information Sharing
and Analysis Centers to share information, between the public
and private sectors, on threats, vulnerabilities, individual
incidents, and privacy issues regarding homeland security.
(8) Working closely with the Department of State on cyber
security issues with respect to international bodies and
coordinating with appropriate agencies in helping to
establish cyber security policy, standards, and enforcement
mechanisms.
(9) Establishing the necessary organizational structure
within the Directorate to provide leadership and focus on
both cyber security and physical security, and ensuring the
maintenance of a nucleus of cyber security and physical
security experts within the United States Government.
(10) Performing such other duties as assigned by the
Secretary.
(c) Transfer of Authorities, Functions, Personnel, and
Assets to the Department.--The authorities, functions,
personnel, and assets of the following entities are
transferred to the Department:
(1) The Critical Infrastructure Assurance Office of the
Department of Commerce.
(2) The National Infrastructure Protection Center of the
Federal Bureau of Investigation (other than the Computer
Investigations and Operations Section).
(3) The National Communications System of the Department of
Defense.
(4) The Computer Security Division of the National
Institute of Standards and Technology of the Department of
Commerce.
(5) The National Infrastructure Simulation and Analysis
Center of the Department of Energy.
(6) The Federal Computer Incident Response Center of the
General Services Administration.
(7) The Energy Security and Assurance Program of the
Department of Energy.
(8) The Federal Protective Service of the General Services
Administration.
SEC. 134. DIRECTORATE OF EMERGENCY PREPAREDNESS AND RESPONSE.
(a) Establishment.--
(1) Directorate.--There is established within the
Department the Directorate of Emergency Preparedness and
Response.
(2) Under secretary.--There shall be an Under Secretary for
Emergency Preparedness and Response, who shall be appointed
by the President, by and with the advice and consent of the
Senate.
(b) Responsibilities.--The Directorate of Emergency
Preparedness and Response shall be responsible for the
following:
(1) Carrying out all emergency preparedness and response
activities carried out by the Federal Emergency Management
Agency before the effective date of this division.
(2) Assuming the responsibilities carried out by the
National Domestic Preparedness Office before the effective
date of this division.
(3) Organizing and training local entities to respond to
emergencies and providing State and local authorities with
equipment for detection, protection, and decontamination in
an emergency involving weapons of mass destruction.
(4) Overseeing Federal, State, and local emergency
preparedness training and exercise programs in keeping with
intelligence estimates and providing a single staff for
Federal assistance for any emergency, including emergencies
caused by natural disasters, manmade accidents, human or
agricultural health emergencies, or terrorist attacks.
(5) Creating a National Crisis Action Center to act as the
focal point for--
(A) monitoring emergencies;
(B) notifying affected agencies and State and local
governments; and
(C) coordinating Federal support for State and local
governments and the private sector in crises.
(6) Managing and updating the Federal response plan to
ensure the appropriate integration of operational activities
of the Department of Defense, the National Guard, and other
agencies, to respond to acts of terrorism and other
disasters.
(7) Coordinating activities among private sector entities,
including entities within the medical community, and animal
health and plant disease communities, with respect to
recovery, consequence management, and planning for continuity
of services.
(8) Developing and managing a single response system for
national incidents in coordination with all appropriate
agencies.
(9) Coordinating with other agencies necessary to carry out
the functions of the Office of Emergency Preparedness.
(10) Collaborating with, and transferring funds to, the
Centers for Disease Control and Prevention or other agencies
for administration of the Strategic National Stockpile
transferred under subsection (c)(5).
(11) Consulting with the Under Secretary for Science and
Technology, Secretary of Agriculture, and the Director of the
Centers for Disease Control and Prevention in establishing
and updating the list of potential threat agents or toxins
relating to the functions of the Select Agent Registration
Program transferred under subsection (c)(6).
(12) Developing a plan to address the interface of medical
informatics and the medical response to terrorism that
address--
(A) standards for interoperability;
(B) real-time data collection;
(C) ease of use for health care providers;
(D) epidemiological surveillance of disease outbreaks in
human health and agriculture;
(E) integration of telemedicine networks and standards;
(F) patient confidentiality; and
(G) other topics pertinent to the mission of the
Department.
(13) Activate and coordinate the operations of the National
Disaster Medical System as defined under section 102 of the
Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (Public Law 107-188).
(14) Assisting and supporting the Secretary, in
coordination with other Directorates and entities outside the
Department, in conducting appropriate risk analysis and risk
management activities consistent with the mission and
functions of the Directorate.
(15) Performing such other duties as assigned by the
Secretary.
(c) Transfer of Authorities, Functions, Personnel, and
Assets to the Department.--The authorities, functions,
personnel, and assets of the following entities are
transferred to the Department:
(1) The Federal Emergency Management Agency, the 10
regional offices of which shall be maintained and
strengthened by the Department, which shall be maintained as
a distinct entity within the Department.
(2) The National Office of Domestic Preparedness of the
Federal Bureau of Investigation of the Department of Justice.
[[Page S8109]]
(3) The Office of Domestic Preparedness of the Department
of Justice.
(4) The Office of Emergency Preparedness within the Office
of the Assistant Secretary for Public Health Emergency
Preparedness of the Department of Health and Human Services,
including--
(A) the Noble Training Center;
(B) the Metropolitan Medical Response System;
(C) the Department of Health and Human Services component
of the National Disaster Medical System;
(D) the Disaster Medical Assistance Teams, the Veterinary
Medical Assistance Teams, and the Disaster Mortuary
Operational Response Teams;
(E) the special events response; and
(F) the citizen preparedness programs.
(5) The Strategic National Stockpile of the Department of
Health and Human Services including all functions and assets
under sections 121 and 127 of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (Public
Law 107-188).
(6) The functions of the Select Agent Registration Program
of the Department of Health and Human Services and the United
States Department of Agriculture, including all functions of
the Secretary of Health and Human Services and the Secretary
of Agriculture under sections 201 through 221 of the Public
Health Security and Bioterrorism Preparedness and Response
Act of 2002 (Public Law 107-188).
(d) Appointment as Under Secretary and Director.--
(1) In general.--An individual may serve as both the Under
Secretary for Emergency Preparedness and Response and the
Director of the Federal Emergency Management Agency if
appointed by the President, by and with the advice and
consent of the Senate, to each office.
(2) Pay.--Nothing in paragraph (1) shall be construed to
authorize an individual appointed to both positions to
receive pay at a rate of pay in excess of the rate of pay
payable for the position to which the higher rate of pay
applies.
(e) Report.--Not later than 1 year after the date of
enactment of this Act, the Under Secretary for Emergency
Preparedness and Response shall submit a report to Congress
on the status of a national medical informatics system and an
agricultural disease surveillance system, and the capacity of
such systems to meet the goals under subsection (b)(12) in
responding to a terrorist attack.
SEC. 135. DIRECTORATE OF SCIENCE AND TECHNOLOGY.
(a) Purpose.--The purpose of this section is to establish a
Directorate of Science and Technology that will support the
mission of the Department and the directorates of the
Department by--
(1) establishing, funding, managing, and supporting
research, development, demonstration, testing, and evaluation
activities to meet national homeland security needs and
objectives;
(2) setting national research and development goals and
priorities pursuant to the mission of the Department, and
developing strategies and policies in furtherance of such
goals and priorities;
(3) coordinating and collaborating with other Federal
departments and agencies, and State, local, academic, and
private sector entities, to advance the research and
development agenda of the Department;
(4) advising the Secretary on all scientific and technical
matters relevant to homeland security; and
(5) facilitating the transfer and deployment of
technologies that will serve to enhance homeland security
goals.
(b) Definitions.--In this section:
(1) Council.--The term "Council" means the Homeland
Security Science and Technology Council established under
this section.
(2) Fund.--The term "Fund" means the Acceleration Fund
for Research and Development of Homeland Security
Technologies established under this section.
(3) Homeland security research and development.--The term
"homeland security research and development" means research
and development applicable to the detection of, prevention
of, protection against, response to, and recovery from
homeland security threats, particularly acts of terrorism.
(4) OSTP.--The term "OSTP" means the Office of Science
and Technology Policy.
(5) SARPA.--The term "SARPA" means the Security Advanced
Research Projects Agency established under this section.
(6) Technology roadmap.--The term "technology roadmap"
means a plan or framework in which goals, priorities, and
milestones for desired future technological capabilities and
functions are established, and research and development
alternatives or means for achieving those goals, priorities,
and milestones are identified and analyzed in order to guide
decisions on resource allocation and investments.
(7) Under secretary.--The term "Under Secretary" means
the Under Secretary for Science and Technology.
(c) Directorate of Science and Technology.--
(1) Establishment.--There is established a Directorate of
Science and Technology within the Department.
(2) Under secretary.--There shall be an Under Secretary for
Science and Technology, who shall be appointed by the
President, by and with the advice and consent of the Senate.
The principal responsibility of the Under Secretary shall be
to effectively and efficiently carry out the purposes of the
Directorate of Science and Technology under subsection (a).
In addition, the Under Secretary shall undertake the
following activities in furtherance of such purposes:
(A) Coordinating with the OSTP, the Office, and other
appropriate entities in developing and executing the research
and development agenda of the Department.
(B) Developing a technology roadmap that shall be updated
biannually for achieving technological goals relevant to
homeland security needs.
(C) Instituting mechanisms to promote, facilitate, and
expedite the transfer and deployment of technologies relevant
to homeland security needs, including dual-use capabilities.
(D) Assisting the Secretary and the Director of OSTP to
ensure that science and technology priorities are clearly
reflected and considered in the Strategy developed under
title III.
(E) Establishing mechanisms for the sharing and
dissemination of key homeland security research and
technology developments and opportunities with appropriate
Federal, State, local, and private sector entities.
(F) Establishing, in coordination with the Under Secretary
for Critical Infrastructure Protection and the Under
Secretary for Emergency Preparedness and Response and
relevant programs under their direction, a National Emergency
Technology Guard, comprised of teams of volunteers with
expertise in relevant areas of science and technology, to
assist local communities in responding to and recovering from
emergency contingencies requiring specialized scientific and
technical capabilities. In carrying out this responsibility,
the Under Secretary shall establish and manage a database of
National Emergency Technology Guard volunteers, and prescribe
procedures for organizing, certifying, mobilizing, and
deploying National Emergency Technology Guard teams.
(G) Chairing the Working Group established under section
108 of the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002 (Public Law 107-188).
(H) Assisting the Secretary in developing the Strategy for
Countermeasure Research described under subsection (k).
(I) Assisting the Secretary and acting on behalf of the
Secretary in contracting with, commissioning, or establishing
federally funded research and development centers determined
useful and appropriate by the Secretary for the purpose of
providing the Department with independent analysis and
support.
(J) Assisting the Secretary and acting on behalf of the
Secretary in entering into joint sponsorship agreements with
the Department of Energy regarding the use of the national
laboratories or sites.
(K) Assisting and supporting the Secretary, in coordination
with other Directorates and entities outside the Department,
in conducting appropriate risk analysis and risk management
activities consistent with the mission and functions of the
Directorate.
(L) Carrying out other appropriate activities as directed
by the Secretary.
(3) Research and development-related authorities.--The
Secretary shall exercise the following authorities relating
to the research, development, testing, and evaluation
activities of the Directorate of Science and Technology:
(A) With respect to research and development expenditures
under this section, the authority (subject to the same
limitations and conditions) as the Secretary of Defense may
exercise under section 2371 of title 10, United States
Code (except for subsections (b) and (f)), for a period of
5 years beginning on the date of enactment of this Act.
Competitive, merit-based selection procedures shall be
used for the selection of projects and participants for
transactions entered into under the authority of this
paragraph. The annual report required under subsection (h)
of such section, as applied to the Secretary by this
subparagraph, shall--
(i) be submitted to the President of the Senate, the
Speaker of the House of Representatives, the Committee on
Governmental Affairs of the Senate, the Committee on
Government Reform of the House of Representatives, the
Committee on Appropriations of the Senate, and the Committee
on Appropriations of the House of Representatives; and
(ii) report on other transactions entered into under
subparagraph (B).
(B) Authority to carry out prototype projects in accordance
with the requirements and conditions provided for carrying
out prototype projects under section 845 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160), for a period of 5 years beginning on the date of
enactment of this Act. In applying the authorities of such
section 845, subsection (c) of that section shall apply with
respect to prototype projects under this paragraph, and the
Secretary shall perform the functions of the Secretary of
Defense under subsection (d) of that section. Competitive,
merit-based selection procedures shall be used for the
selection of projects and participants for transactions
entered into under the authority of this paragraph.
(C) In hiring personnel to assist in research, development,
testing, and evaluation activities within the Directorate of
Science and Technology, the authority to exercise the
personnel hiring and management authorities described in
section 1101 of the
[[Page S8110]]
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (5 U.S.C. 3104 note; Public Law 105-261), with the
stipulation that the Secretary shall exercise such authority
for a period of 7 years commencing on the date of enactment
of this Act, that a maximum of 100 persons may be hired under
such authority, and that the term of appointment for
employees under subsection (c)(1) of that section may not
exceed 5 years before the granting of any extensions under
subsection (c)(2) of that section.
(D) With respect to such research, development, testing,
and evaluation responsibilities under this section (except as
provided in subparagraph (E)) as the Secretary may elect to
carry out through agencies other than the Department (under
agreements with their respective heads), the Secretary may
transfer funds to such heads. Of the funds authorized to be
appropriated under subsection (d)(4) for the Fund, not less
than 10 percent of such funds for each fiscal year through
2005 shall be authorized only for the Under Secretary,
through joint agreement with the Commandant of the Coast
Guard, to carry out research and development of improved
ports, waterways, and coastal security surveillance and
perimeter protection capabilities for the purpose of
minimizing the possibility that Coast Guard cutters,
aircraft, helicopters, and personnel will be diverted from
non-homeland security missions to the ports, waterways, and
coastal security mission.
(E) The Secretary may carry out human health biodefense-
related biological, biomedical, and infectious disease
research and development (including vaccine research and
development) in collaboration with the Secretary of Health
and Human Services. Research supported by funding
appropriated to the National Institutes of Health for
bioterrorism research and related facilities development
shall be conducted through the National Institutes of Health
under joint strategic prioritization agreements between the
Secretary and the Secretary of Health and Human Services. The
Secretary shall have the authority to establish general
research priorities, which shall be embodied in the joint
strategic prioritization agreements with the Secretary of
Health and Human Services. The specific scientific research
agenda to implement agreements under this subparagraph shall
be developed by the Secretary of Health and Human Services,
who shall consult the Secretary to ensure that the agreements
conform with homeland security priorities. All research
programs established under those agreements shall be managed
and awarded by the Director of the National Institutes of
Health consistent with those agreements. The Secretary may
transfer funds to the Department of Health and Human Services
in connection with those agreements.
(d) Acceleration Fund.--
(1) Establishment.--There is established an Acceleration
Fund to support research and development of technologies
relevant to homeland security.
(2) Function.--The Fund shall be used to stimulate and
support research and development projects selected by SARPA
under subsection (f), and to facilitate the rapid transfer of
research and technology derived from such projects.
(3) Recipients.--Fund monies may be made available through
grants, contracts, cooperative agreements, and other
transactions under subsection (c)(3) (A) and (B) to--
(A) public sector entities, including Federal, State, or
local entities;
(B) private sector entities, including corporations,
partnerships, or individuals; and
(C) other nongovernmental entities, including universities,
federally funded research and development centers, and other
academic or research institutions.
(4) Authorization of appropriations.--There are authorized
to be appropriated $200,000,000 for the Fund for fiscal year
2003, and such sums as are necessary in subsequent fiscal
years.
(e) Science and Technology Council.--
(1) Establishment.--There is established the Homeland
Security Science and Technology Council within the
Directorate of Science and Technology. The Under Secretary
shall chair the Council and have the authority to convene
meetings. At the discretion of the Under Secretary and the
Director of OSTP, the Council may be constituted as a
subcommittee of the National Science and Technology Council.
(2) Composition.--The Council shall be composed of the
following:
(A) Senior research and development officials representing
agencies engaged in research and development relevant to
homeland security and combating terrorism needs. Each
representative shall be appointed by the head of the
representative's respective agency with the advice and
consent of the Under Secretary.
(B) The Director of SARPA and other appropriate officials
within the Department.
(C) The Director of the OSTP and other senior officials of
the Executive Office of the President as designated by the
President.
(3) Responsibilities.--The Council shall--
(A) provide the Under Secretary with recommendations on
priorities and strategies, including those related to funding
and portfolio management, for homeland security research and
development;
(B) facilitate effective coordination and communication
among agencies, other entities of the Federal Government, and
entities in the private sector and academia, with respect to
the conduct of research and development related to homeland
security;
(C) recommend specific technology areas for which the Fund
and other research and development resources shall be used,
among other things, to rapidly transition homeland security
research and development into deployed technology and reduce
identified homeland security vulnerabilities;
(D) assist and advise the Under Secretary in developing the
technology roadmap referred to under subsection (c)(2)(B);
and
(E) perform other appropriate activities as directed by the
Under Secretary.
(4) Advisory panel.--The Under Secretary may establish an
advisory panel consisting of representatives from industry,
academia, and other non-Federal entities to advise and
support the Council.
(5) Working groups.--At the discretion of the Under
Secretary, the Council may establish working groups in
specific homeland security areas consisting of individuals
with relevant expertise in each articulated area. Working
groups established for bioterrorism and public health-related
research shall be fully coordinated with the Working Group
established under section 108 of the Public Health Security
and Bioterrorism Preparedness and Response Act of 2002
(Public Law 107-188).
(f) Security Advanced Research Projects Agency.--
(1) Establishment.--There is established the Security
Advanced Research Projects Agency within the Directorate of
Science and Technology.
(2) Responsibilities.--SARPA shall--
(A) undertake and stimulate basic and applied research and
development, leverage existing research and development, and
accelerate the transition and deployment of technologies that
will serve to enhance homeland defense;
(B) identify, fund, develop, and transition high-risk,
high-payoff homeland security research and development
opportunities that--
(i) may lie outside the purview or capabilities of the
existing Federal agencies; and
(ii) emphasize revolutionary rather than evolutionary or
incremental advances;
(C) provide selected projects with single or multiyear
funding, and require such projects to provide interim
progress reports, no less often than annually;
(D) administer the Acceleration Fund to carry out the
purposes of this paragraph;
(E) advise the Secretary and Under Secretary on funding
priorities under subsection (c)(3)(E); and
(F) perform other appropriate activities as directed by the
Under Secretary.
(g) Office of Risk Analysis and Assessment.--
(1) Establishment.--There is established an Office of Risk
Analysis and Assessment within the Directorate of Science and
Technology.
(2) Functions.--The Office of Risk Analysis and Assessment
shall assist the Secretary, the Under Secretary, and other
Directorates with respect to their risk analysis and risk
management activities by providing scientific or technical
support for such activities. Such support shall include, as
appropriate--
(A) identification and characterization of homeland
security threats;
(B) evaluation and delineation of the risk of these
threats;
(C) pinpointing of vulnerabilities or linked
vulnerabilities to these threats;
(D) determination of criticality of possible threats;
(E) analysis of possible technologies, research, and
protocols to mitigate or eliminate threats, vulnerabilities,
and criticalities;
(F) evaluation of the effectiveness of various forms of
risk communication; and
(G) other appropriate activities as directed by the
Secretary.
(3) Methods.--In performing the activities described under
paragraph (2), the Office of Risk Analysis and Assessment may
support or conduct, or commission from federally funded
research and development centers or other entities, work
involving modeling, statistical analyses, field tests and
exercises (including red teaming), testbed development,
development of standards and metrics.
(h) Office for Technology Evaluation and Transition.--
(1) Establishment.--There is established an Office for
Technology Evaluation and Transition within the Directorate
of Science and Technology.
(2) Function.--The Office for Technology Evaluation and
Transition shall, with respect to technologies relevant to
homeland security needs--
(A) serve as the principal, national point-of-contact and
clearinghouse for receiving and processing proposals or
inquiries regarding such technologies;
(B) identify and evaluate promising new technologies;
(C) undertake testing and evaluation of, and assist in
transitioning, such technologies into deployable, fielded
systems;
(D) consult with and advise agencies regarding the
development, acquisition, and deployment of such
technologies;
(E) coordinate with SARPA to accelerate the transition of
technologies developed by SARPA and ensure transition paths
for such technologies; and
(F) perform other appropriate activities as directed by the
Under Secretary.
[[Page S8111]]
(3) Technical support working group.--The functions
described under this subsection may be carried out through,
or in coordination with, or through an entity established by
the Secretary and modeled after, the Technical Support
Working Group (organized under the April, 1982, National
Security Decision Directive Numbered 30) that provides an
interagency forum to coordinate research and development of
technologies for combating terrorism.
(i) Office of Laboratory Research.--
(1) Establishment.--There is established an Office of
Laboratory Research within the Directorate of Science and
Technology.
(2) Research and development functions transferred.--There
shall be transferred to the Department, to be administered by
the Under Secretary, the functions, personnel, assets, and
liabilities of the following programs and activities:
(A) Within the Department of Energy (but not including
programs and activities relating to the strategic nuclear
defense posture of the United States) the following:
(i) The chemical and biological national security and
supporting programs and activities supporting domestic
response of the nonproliferation and verification research
and development program.
(ii) The nuclear smuggling programs and activities, and
other programs and activities directly related to homeland
security, within the proliferation detection program of the
nonproliferation and verification research and development
program, except that the programs and activities described in
this clause may be designated by the President either for
transfer to the Department or for joint operation by the
Secretary and the Secretary of Energy.
(iii) The nuclear assessment program and activities of the
assessment, detection, and cooperation program of the
international materials protection and cooperation program.
(iv) The Environmental Measurements Laboratory.
(B) Within the Department of Defense, the National Bio-
Weapons Defense Analysis Center established under section
161.
(3) Responsibilities.--The Office of Laboratory Research
shall--
(A) supervise the activities of the entities transferred
under this subsection;
(B) administer the disbursement and undertake oversight of
research and development funds transferred from the
Department to other agencies outside of the Department,
including funds transferred to the Department of Health and
Human Services consistent with subsection (c)(3)(E);
(C) establish and direct new research and development
facilities as the Secretary determines appropriate;
(D) include a science advisor to the Under Secretary on
research priorities related to biological and chemical
weapons, with supporting scientific staff, who shall advise
on and support research priorities with respect to--
(i) research on countermeasures for biological weapons,
including research on the development of drugs, devices, and
biologics; and
(ii) research on biological and chemical threat agents; and
(E) other appropriate activities as directed by the Under
Secretary.
(j) Office for National Laboratories.--
(1) Establishment.--There is established within the
Directorate of Science and Technology an Office for National
Laboratories, which shall be responsible for the coordination
and utilization of the Department of Energy national
laboratories and sites in a manner to create a networked
laboratory system for the purpose of supporting the missions
of the Department.
(2) Joint sponsorship arrangements.--
(A) National laboratories.--The Department may be a joint
sponsor, under a multiple agency sponsorship arrangement with
the Department of Energy, of 1 or more Department of Energy
national laboratories in the performance of work on behalf of
the Department.
(B) Department of energy site.--The Department may be a
joint sponsor of Department of Energy sites in the
performance of work as if such sites were federally funded
research and development centers and the work were performed
under a multiple agency sponsorship arrangement with the
Department.
(C) Primary sponsor.--The Department of Energy shall be the
primary sponsor under a multiple agency sponsorship
arrangement entered into under subparagraph (A) or (B).
(D) Conditions.--A joint sponsorship arrangement under this
subsection shall--
(i) provide for the direct funding and management by the
Department of the work being carried out on behalf of the
Department; and
(ii) include procedures for addressing the coordination of
resources and tasks to minimize conflicts between work
undertaken on behalf of either Department.
(E) Lead agent and federal acquisition regulation.--
(i) Lead agent.--The Secretary of Energy shall act as the
lead agent in coordinating the formation and performance of a
joint sponsorship agreement between the Department and a
Department of Energy national laboratory or site for work on
homeland security.
(ii) Compliance with federal acquisition regulation.--Any
work performed by a national laboratory or site under this
section shall comply with the policy on the use of federally
funded research and development centers under section 35.017
of the Federal Acquisition Regulation.
(F) Funding.--The Department shall provide funds for work
at the Department of Energy national laboratories or sites,
as the case may be, under this section under the same terms
and conditions as apply to the primary sponsor of such
national laboratory under section 303(b)(1)(C) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253 (b)(1)(C)) or of such site to the extent such section
applies to such site as a federally funded research and
development center by reason of subparagraph (B).
(3) Other arrangements.--The Office for National
Laboratories may enter into other arrangements with
Department of Energy national laboratories or sites to carry
out work to support the missions of the Department under
applicable law, except that the Department of Energy may not
charge or apply administrative fees for work on behalf of the
Department.
(4) Technology transfer.--The Office for National
Laboratories may exercise the authorities in section 12 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a) to permit the Director of a Department of
Energy national laboratory to enter into cooperative research
and development agreements, or to negotiate licensing
agreements, pertaining to work supported by the Department at
the Department of Energy national laboratory.
(5) Assistance in establishing department.--At the request
of the Under Secretary, the Department of Energy shall
provide for the temporary appointment or assignment of
employees of Department of Energy national laboratories or
sites to the Department for purposes of assisting in the
establishment or organization of the technical programs of
the Department through an agreement that includes provisions
for minimizing conflicts between work assignments of such
personnel.
(k) Strategy for Countermeasure Research.--
(1) In general.--The Secretary, acting through the Under
Secretary for Science and Technology, shall develop a
comprehensive, long-term strategy and plan for engaging non-
Federal entities, particularly including private, for-profit
entities, in the research, development, and production of
homeland security countermeasures for biological, chemical,
and radiological weapons.
(2) Timeframe.--The strategy and plan under this
subsection, together with recommendations for the enactment
of supporting or enabling legislation, shall be submitted to
the Congress within 270 days after the date of enactment of
this Act.
(3) Coordination.--In developing the strategy and plan
under this subsection, the Secretary shall consult with--
(A) other agencies with expertise in research, development,
and production of countermeasures;
(B) private, for-profit entities and entrepreneurs with
appropriate expertise and technology regarding
countermeasures;
(C) investors that fund such entities;
(D) nonprofit research universities and institutions;
(E) public health and other interested private sector and
government entities; and
(F) governments allied with the United States in the war on
terrorism.
(4) Purpose.--The strategy and plan under this subsection
shall evaluate proposals to assure that--
(A) research on countermeasures by non-Federal entities
leads to the expeditious development and production of
countermeasures that may be procured and deployed in the
homeland security interests of the United States;
(B) capital is available to fund the expenses associated
with such research, development, and production, including
Government grants and contracts and appropriate capital
formation tax incentives that apply to non-Federal entities
with and without tax liability;
(C) the terms for procurement of such countermeasures are
defined in advance so that such entities may accurately and
reliably assess the potential countermeasures market and the
potential rate of return;
(D) appropriate intellectual property, risk protection, and
Government approval standards are applicable to such
countermeasures;
(E) Government-funded research is conducted and prioritized
so that such research complements, and does not unnecessarily
duplicate, research by non-Federal entities and that such
Government-funded research is made available, transferred,
and licensed on commercially reasonable terms to such
entities for development; and
(F) universities and research institutions play a vital
role as partners in research and development and technology
transfer, with appropriate progress benchmarks for such
activities, with for-profit entities.
(5) Reporting.--The Secretary shall report periodically to
the Congress on the status of non-Federal entity
countermeasure research, development, and production, and
submit additional recommendations for legislation as needed.
(l) Classification of Research.--
(1) In general.--To the greatest extent practicable,
research conducted or supported by the Department shall be
unclassified.
(2) Classification and review.--The Under Secretary shall--
(A)(i) decide whether classification is appropriate before
the award of a research
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grant, contract, cooperative agreement, or other transaction
by the Department; and
(ii) if the decision under clause (i) is one of
classification, control the research results through standard
classification procedures; and
(B) periodically review all classified research grants,
contracts, cooperative agreements, and other transactions
issued by the Department to determine whether classification
is still necessary.
(3) Restrictions.--No restrictions shall be placed upon the
conduct or reporting of federally funded fundamental research
that has not received national security classification,
except as provided under applicable provisions of law.
(m) Office of Science and Technology Policy.--The National
Science and Technology Policy, Organization, and Priorities
Act is amended--
(1) in section 204(b)(1) (42 U.S.C. 6613(b)(1)), by
inserting "homeland security," after "national
security,"; and
(2) in section 208(a)(1) (42 U.S.C. 6617(a)(1)), by
inserting "the National Office for Combating Terrorism,"
after "National Security Council,".
SEC. 136. DIRECTORATE OF IMMIGRATION AFFAIRS.
The Directorate of Immigration Affairs shall be established
and shall carry out all functions of that Directorate in
accordance with division B of this Act.
SEC. 137. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION.
(a) Establishment.--There is established within the Office
of the Secretary the Office for State and Local Government
Coordination, to oversee and coordinate departmental programs
for and relationships with State and local governments.
(b) Responsibilities.--The Office established under
subsection (a) shall--
(1) coordinate the activities of the Department relating to
State and local government;
(2) assess, and advocate for, the resources needed by State
and local government to implement the national strategy for
combating terrorism;
(3) provide State and local government with regular
information, research, and technical support to assist local
efforts at securing the homeland; and
(4) develop a process for receiving meaningful input from
State and local government to assist the development of the
national strategy for combating terrorism and other homeland
security activities.
(c) Homeland Security Liaison Officers.--
(1) Chief homeland security liaison officer.--
(A) Appointment.--The Secretary shall appoint a Chief
Homeland Security Liaison Officer to coordinate the
activities of the Homeland Security Liaison Officers,
designated under paragraph (2).
(B) Annual report.--The Chief Homeland Security Liaison
Officer shall prepare an annual report, that contains--
(i) a description of the State and local priorities in each
of the 50 States based on discovered needs of first responder
organizations, including law enforcement agencies, fire and
rescue agencies, medical providers, emergency service
providers, and relief agencies;
(ii) a needs assessment that identifies homeland security
functions in which the Federal role is duplicative of the
State or local role, and recommendations to decrease or
eliminate inefficiencies between the Federal Government and
State and local entities;
(iii) recommendations to Congress regarding the creation,
expansion, or elimination of any program to assist State and
local entities to carry out their respective functions under
the Department; and
(iv) proposals to increase the coordination of Department
priorities within each State and between the States.
(2) Homeland security liaison officers.--
(A) Designation.--The Secretary shall designate in each
State not less than 1 employee of the Department to--
(i) serve as the Homeland Security Liaison Officer in that
State; and
(ii) provide coordination between the Department and State
and local first responders, including--
(I) law enforcement agencies;
(II) fire and rescue agencies;
(III) medical providers;
(IV) emergency service providers; and
(V) relief agencies.
(B) Duties.--Each Homeland Security Liaison Officer
designated under subparagraph (A) shall--
(i) ensure coordination between the Department and--
(I) State, local, and community-based law enforcement;
(II) fire and rescue agencies; and
(III) medical and emergency relief organizations;
(ii) identify State and local areas requiring additional
information, training, resources, and security;
(iii) provide training, information, and education
regarding homeland security for State and local entities;
(iv) identify homeland security functions in which the
Federal role is duplicative of the State or local role, and
recommend ways to decrease or eliminate inefficiencies;
(v) assist State and local entities in priority setting
based on discovered needs of first responder organizations,
including law enforcement agencies, fire and rescue agencies,
medical providers, emergency service providers, and relief
agencies;
(vi) assist the Department to identify and implement State
and local homeland security objectives in an efficient and
productive manner; and
(vii) serve as a liaison to the Department in representing
State and local priorities and concerns regarding homeland
security.
(d) Federal Interagency Committee on First Responders.--
(1) In General.--There is established an Interagency
Committee on First Responders, that shall--
(A) ensure coordination among the Federal agencies involved
with--
(i) State, local, and community-based law enforcement;
(ii) fire and rescue operations; and
(iii) medical and emergency relief services;
(B) identify community-based law enforcement, fire and
rescue, and medical and emergency relief services needs;
(C) recommend new or expanded grant programs to improve
community-based law enforcement, fire and rescue, and medical
and emergency relief services;
(D) identify ways to streamline the process through which
Federal agencies support community-based law enforcement,
fire and rescue, and medical and emergency relief services;
and
(E) assist in priority setting based on discovered needs.
(2) Membership.--The Interagency Committee on First
Responders shall be composed of--
(A) the Chief Homeland Security Liaison Officer of the
Department;
(B) a representative of the Health Resources and Services
Administration of the Department of Health and Human
Services;
(C) a representative of the Centers for Disease Control and
Prevention of the Department of Health and Human Services;
(D) a representative of the Federal Emergency Management
Agency of the Department;
(E) a representative of the United States Coast Guard of
the Department;
(F) a representative of the Department of Defense;
(G) a representative of the Office of Domestic Preparedness
of the Department;
(H) a representative of the Directorate of Immigration
Affairs of the Department;
(I) a representative of the Transportation Security Agency
of the Department;
(J) a representative of the Federal Bureau of Investigation
of the Department of Justice; and
(K) representatives of any other Federal agency identified
by the President as having a significant role in the purposes
of the Interagency Committee on First Responders.
(3) Administration.--The Department shall provide
administrative support to the Interagency Committee on First
Responders and the Advisory Council, which shall include--
(A) scheduling meetings;
(B) preparing agenda;
(C) maintaining minutes and records;
(D) producing reports; and
(E) reimbursing Advisory Council members.
(4) Leadership.--The members of the Interagency Committee
on First Responders shall select annually a chairperson.
(5) Meetings.--The Interagency Committee on First
Responders shall meet--
(A) at the call of the Chief Homeland Security Liaison
Officer of the Department; or
(B) not less frequently than once every 3 months.
(e) Advisory Council for the Federal Interagency Committee
on First Responders.--
(1) Establishment.--There is established an Advisory
Council for the Federal Interagency Committee on First
Responders (in this section referred to as the "Advisory
Council").
(2) Membership.--
(A) In general.--The Advisory Council shall be composed of
not more than 13 members, selected by the Interagency
Committee on First Responders.
(B) Representation.--The Interagency Committee on First
Responders shall ensure that the membership of the Advisory
Council represents--
(i) the law enforcement community;
(ii) fire and rescue organizations;
(iii) medical and emergency relief services; and
(iv) both urban and rural communities.
(3) Chairperson.--The Advisory Council shall select
annually a chairperson from among its members.
(4) Compensation of members.--The members of the Advisory
Council shall serve without compensation, but shall be
eligible for reimbursement of necessary expenses connected
with their service to the Advisory Council.
(5) Meetings.--The Advisory Council shall meet with the
Interagency Committee on First Responders not less frequently
than once every 3 months.
SEC. 138. UNITED STATES SECRET SERVICE.
There are transferred to the Department the authorities,
functions, personnel, and assets of the United States Secret
Service, which shall be maintained as a distinct entity
within the Department.
SEC. 139. BORDER COORDINATION WORKING GROUP.
(a) Definitions.--In this section:
[[Page S8113]]
(1) Border security functions.--The term "border security
functions" means the securing of the borders, territorial
waters, ports, terminals, waterways, and air, land, and sea
transportation systems of the United States.
(2) Relevant agencies.--The term "relevant agencies"
means any department or agency of the United States that the
President determines to be relevant to performing border
security functions.
(b) Establishment.--The Secretary shall establish a border
security working group (in this section referred to as the
"Working Group"), composed of the Secretary or the designee
of the Secretary, the Under Secretary for Border and
Transportation Protection, and the Under Secretary for
Immigration Affairs.
(c) Functions.--The Working Group shall meet not less
frequently than once every 3 months and shall--
(1) with respect to border security functions, develop
coordinated budget requests, allocations of appropriations,
staffing requirements, communication, use of equipment,
transportation, facilities, and other infrastructure;
(2) coordinate joint and cross-training programs for
personnel performing border security functions;
(3) monitor, evaluate and make improvements in the coverage
and geographic distribution of border security programs and
personnel;
(4) develop and implement policies and technologies to
ensure the speedy, orderly, and efficient flow of lawful
traffic, travel and commerce, and enhanced scrutiny for high-
risk traffic, travel, and commerce; and
(5) identify systemic problems in coordination encountered
by border security agencies and programs and propose
administrative, regulatory, or statutory changes to mitigate
such problems.
(d) Relevant Agencies.--The Secretary shall consult
representatives of relevant agencies with respect to
deliberations under subsection (c), and may include
representatives of such agencies in Working Group
deliberations, as appropriate.
SEC. 140. EXECUTIVE SCHEDULE POSITIONS.
Section 5314 of title 5, United States Code, is amended by
adding at the end the following:
"Under Secretary for Border and Transportation, Department
of Homeland Security.
"Under Secretary for Critical Infrastructure Protection,
Department of Homeland Security.
"Under Secretary for Emergency Preparedness and Response,
Department of Homeland Security.
"Under Secretary for Immigration, Department of Homeland
Security.
"Under Secretary for Intelligence, Department of Homeland
Security.
"Under Secretary for Science and Technology, Department of
Homeland Security.".
Subtitle C--National Emergency Preparedness Enhancement
SEC. 151. SHORT TITLE.
This subtitle may be cited as the "National Emergency
Preparedness Enhancement Act of 2002".
SEC. 152. PREPAREDNESS INFORMATION AND EDUCATION.
(a) Establishment of Clearinghouse.--There is established
in the Department a National Clearinghouse on Emergency
Preparedness (referred to in this section as the
"Clearinghouse"). The Clearinghouse shall be headed by a
Director.
(b) Consultation.--The Clearinghouse shall consult with
such heads of agencies, such task forces appointed by Federal
officers or employees, and such representatives of the
private sector, as appropriate, to collect information on
emergency preparedness, including information relevant to the
Strategy.
(c) Duties.--
(1) Dissemination of information.--The Clearinghouse shall
ensure efficient dissemination of accurate emergency
preparedness information.
(2) Center.--The Clearinghouse shall establish a one-stop
center for emergency preparedness information, which shall
include a website, with links to other relevant Federal
websites, a telephone number, and staff, through which
information shall be made available on--
(A) ways in which States, political subdivisions, and
private entities can access Federal grants;
(B) emergency preparedness education and awareness tools
that businesses, schools, and the general public can use; and
(C) other information as appropriate.
(3) Public awareness campaign.--The Clearinghouse shall
develop a public awareness campaign. The campaign shall be
ongoing, and shall include an annual theme to be implemented
during the National Emergency Preparedness Week established
under section 154. The Clearinghouse shall work with heads of
agencies to coordinate public service announcements and other
information-sharing tools utilizing a wide range of media.
(4) Best practices information.--The Clearinghouse shall
compile and disseminate information on best practices for
emergency preparedness identified by the Secretary and the
heads of other agencies.
SEC. 153. PILOT PROGRAM.
(a) Emergency Preparedness Enhancement Pilot Program.--The
Department shall award grants to private entities to pay for
the Federal share of the cost of improving emergency
preparedness, and educating employees and other individuals
using the entities' facilities about emergency preparedness.
(b) Use of Funds.--An entity that receives a grant under
this subsection may use the funds made available through the
grant to--
(1) develop evacuation plans and drills;
(2) plan additional or improved security measures, with an
emphasis on innovative technologies or practices;
(3) deploy innovative emergency preparedness technologies;
or
(4) educate employees and customers about the development
and planning activities described in paragraphs (1) and (2)
in innovative ways.
(c) Federal Share.--The Federal share of the cost described
in subsection (a) shall be 50 percent, up to a maximum of
$250,000 per grant recipient.
(d) Authorization of Appropriations.--There are authorized
to be appropriated $5,000,000 for each of fiscal years 2003
through 2005 to carry out this section.
SEC. 154. DESIGNATION OF NATIONAL EMERGENCY PREPAREDNESS
WEEK.
(a) National Week.--
(1) Designation.--Each week that includes September 11 is
"National Emergency Preparedness Week".
(2) Proclamation.--The President is requested every year to
issue a proclamation calling on the people of the United
States (including State and local governments and the private
sector) to observe the week with appropriate activities and
programs.
(b) Federal Agency Activities.--In conjunction with
National Emergency Preparedness Week, the head of each
agency, as appropriate, shall coordinate with the Department
to inform and educate the private sector and the general
public about emergency preparedness activities, resources,
and tools, giving a high priority to emergency preparedness
efforts designed to address terrorist attacks.
Subtitle D--Miscellaneous Provisions
SEC. 161. NATIONAL BIO-WEAPONS DEFENSE ANALYSIS CENTER.
(a) Establishment.--There is established within the
Department of Defense a National Bio-Weapons Defense Analysis
Center (in this section referred to as the "Center").
(b) Mission.--The mission of the Center is to develop
countermeasures to potential attacks by terrorists using
biological or chemical weapons that are weapons of mass
destruction (as defined under section 1403 of the Defense
Against Weapons of Mass Destruction Act of 1996 (50 U.S.C.
2302(1))) and conduct research and analysis concerning such
weapons.
SEC. 162. REVIEW OF FOOD SAFETY.
(a) Review of Food Safety Laws and Food Safety
Organizational Structure.--The Secretary shall enter into an
agreement with and provide funding to the National Academy of
Sciences to conduct a detailed, comprehensive study which
shall--
(1) review all Federal statutes and regulations affecting
the safety and security of the food supply to determine the
effectiveness of the statutes and regulations at protecting
the food supply from deliberate contamination; and
(2) review the organizational structure of Federal food
safety oversight to determine the efficiency and
effectiveness of the organizational structure at protecting
the food supply from deliberate contamination.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the National Academy of Sciences shall
prepare and submit to the President, the Secretary, and
Congress a comprehensive report containing--
(A) the findings and conclusions derived from the reviews
conducted under subsection (a); and
(B) specific recommendations for improving--
(i) the effectiveness and efficiency of Federal food safety
and security statutes and regulations; and
(ii) the organizational structure of Federal food safety
oversight.
(2) Contents.--In conjunction with the recommendations
under paragraph (1), the report under paragraph (1) shall
address--
(A) the effectiveness with which Federal food safety
statutes and regulations protect public health and ensure the
food supply remains free from contamination;
(B) the shortfalls, redundancies, and inconsistencies in
Federal food safety statutes and regulations;
(C) the application of resources among Federal food safety
oversight agencies;
(D) the effectiveness and efficiency of the organizational
structure of Federal food safety oversight;
(E) the shortfalls, redundancies, and inconsistencies of
the organizational structure of Federal food safety
oversight; and
(F) the merits of a unified, central organizational
structure of Federal food safety oversight.
(c) Response of the Secretary.--Not later than 90 days
after the date on which the report under this section is
submitted to the Secretary, the Secretary shall provide to
the President and Congress the response of the Department to
the recommendations of the report and recommendations of the
Department to further protect the food supply from
contamination.
SEC. 163. EXCHANGE OF EMPLOYEES BETWEEN AGENCIES AND STATE OR
LOCAL GOVERNMENTS.
(a) Findings.--Congress finds that--
[[Page S8114]]
(1) information sharing between Federal, State, and local
agencies is vital to securing the homeland against terrorist
attacks;
(2) Federal, State, and local employees working
cooperatively can learn from one another and resolve complex
issues;
(3) Federal, State, and local employees have specialized
knowledge that should be consistently shared between and
among agencies at all levels of government; and
(4) providing training and other support, such as staffing,
to the appropriate Federal, State, and local agencies can
enhance the ability of an agency to analyze and assess
threats against the homeland, develop appropriate responses,
and inform the United States public.
(b) Exchange of Employees.--
(1) In general.--The Secretary may provide for the exchange
of employees of the Department and State and local agencies
in accordance with subchapter VI of chapter 33 of title 5,
United States Code.
(2) Conditions.--With respect to exchanges described under
this subsection, the Secretary shall ensure that--
(A) any assigned employee shall have appropriate training
or experience to perform the work required by the assignment;
and
(B) any assignment occurs under conditions that
appropriately safeguard classified and other sensitive
information.
SEC. 164. WHISTLEBLOWER PROTECTION FOR FEDERAL EMPLOYEES WHO
ARE AIRPORT SECURITY SCREENERS.
Section 111(d) of the Aviation and Transportation Security
Act (Public Law 107-71; 115 Stat. 620; 49 U.S.C. 44935 note)
is amended--
(1) by striking "(d) Screener Personnel.--Notwithstanding
any other provision of law," and inserting the following:
"(d) Screener Personnel.--
"(1) In general.--Notwithstanding any other provision of
law (except as provided under paragraph (2)),"; and
(2) by adding at the end the following:
"(2) Whistleblower protection.--
"(A) Definition.--In this paragraph, the term "security
screener" means--
"(i) any Federal employee hired as a security screener
under subsection (e) of section 44935 of title 49, United
States Code; or
"(ii) an applicant for the position of a security screener
under that subsection.
"(B) In general.--Notwithstanding paragraph (1)--
"(i) section 2302(b)(8) of title 5, United States Code,
shall apply with respect to any security screener; and
"(ii) chapters 12, 23, and 75 of that title shall apply
with respect to a security screener to the extent necessary
to implement clause (i).
"(C) Covered position.--The President may not exclude the
position of security screener as a covered position under
section 2302(a)(2)(B)(ii) of title 5, United States Code, to
the extent that such exclusion would prevent the
implementation of subparagraph (B) of this paragraph.".
SEC. 165. WHISTLEBLOWER PROTECTION FOR CERTAIN AIRPORT
EMPLOYEES.
(a) In General.--Section 42121(a) of title 49, United
States Code, is amended--
(1) by striking "(a) Discrimination Against Airline
Employees.--No air carrier or contractor or subcontractor of
an air carrier" and inserting the following:
"(a) Discrimination Against Employees.--
"(1) In general.--No air carrier, contractor,
subcontractor, or employer described under paragraph (2)";
(2) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively; and
(3) by adding at the end the following:
"(2) Applicable employers.--Paragraph (1) shall apply to--
"(A) an air carrier or contractor or subcontractor of an
air carrier;
"(B) an employer of airport security screening personnel,
other than the Federal Government, including a State or
municipal government, or an airport authority, or a
contractor of such government or airport authority; or
"(C) an employer of private screening personnel described
in section 44919 or 44920 of this title.".
(b) Technical and Conforming Amendments.--Section
42121(b)(2)(B) of title 49, United States Code, is amended--
(1) in clause (i), by striking "paragraphs (1) through (4)
of subsection (a)" and inserting "subparagraphs (A) through
(D) of subsection (a)(1)"; and
(2) in clause (iii), by striking "paragraphs (1) through
(4) of subsection (a)" and inserting "subparagraphs (A)
through (D) of subsection (a)(1)".
SEC. 166. BIOTERRORISM PREPAREDNESS AND RESPONSE DIVISION.
Section 319D of the Public Health Service Act (42 U.S.C.
2472-4) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b), the following:
"(c) Bioterrorism Preparedness and Response Division.--
"(1) Establishment.--There is established within the
Office of the Director of the Centers for Disease Control and
Prevention a Bioterrorism Preparedness and Response Division
(in this subsection referred to as the `Division').
"(2) Mission.--The Division shall have the following
primary missions:
"(A) To lead and coordinate the activities and
responsibilities of the Centers for Disease Control and
Prevention with respect to countering bioterrorism.
"(B) To coordinate and facilitate the interaction of
Centers for Disease Control and Prevention personnel with
personnel from the Department of Homeland Security and, in so
doing, serve as a major contact point for 2-way
communications between the jurisdictions of homeland security
and public health.
"(C) To train and employ a cadre of public health
personnel who are dedicated full-time to the countering of
bioterrorism.
"(3) Responsibilities.--In carrying out the mission under
paragraph (2), the Division shall assume the responsibilities
of and budget authority for the Centers for Disease Control
and Prevention with respect to the following programs:
"(A) The Bioterrorism Preparedness and Response Program.
"(B) The Strategic National Stockpile.
"(C) Such other programs and responsibilities as may be
assigned to the Division by the Director of the Centers for
Disease Control and Prevention.
"(4) Director.--There shall be in the Division a Director,
who shall be appointed by the Director of the Centers for
Disease Control and Prevention, in consultation with the
Secretary of Health and Human Services and the Secretary of
Homeland Security.
"(5) Staffing.--Under agreements reached between the
Director of the Centers for Disease Control and Prevention
and the Secretary of Homeland Security--
"(A) the Division may be staffed, in part, by personnel
assigned from the Department of Homeland Security by the
Secretary of Homeland Security; and
"(B) the Director of the Centers for Disease Control and
Prevention may assign some personnel from the Division to the
Department of Homeland Security.".
SEC. 167. COORDINATION WITH THE DEPARTMENT OF HEALTH AND
HUMAN SERVICES UNDER THE PUBLIC HEALTH SERVICE
ACT.
(a) In General.--The annual Federal response plan developed
by the Secretary under sections 102(b)(14) and 134(b)(7)
shall be consistent with section 319 of the Public Health
Service Act (42 U.S.C. 247d).
(b) Disclosures Among Relevant Agencies.--
(1) In general.--Full disclosure among relevant agencies
shall be made in accordance with this subsection.
(2) Public health emergency.--During the period in which
the Secretary of Health and Human Services has declared the
existence of a public health emergency under section 319(a)
of the Public Health Service Act (42 U.S.C. 247d(a)), the
Secretary of Health and Human Services shall keep relevant
agencies, including the Department of Homeland Security, the
Department of Justice, and the Federal Bureau of
Investigation, fully and currently informed.
(3) Potential public health emergency.--In cases involving,
or potentially involving, a public health emergency, but in
which no determination of an emergency by the Secretary of
Health and Human Services under section 319(a) of the Public
Health Service Act (42 U.S.C. 247d(a)), has been made, all
relevant agencies, including the Department of Homeland
Security, the Department of Justice, and the Federal Bureau
of Investigation, shall keep the Secretary of Health and
Human Services and the Director of the Centers for Disease
Control and Prevention fully and currently informed.
SEC. 168. RAIL SECURITY ENHANCEMENTS.
(a) In General.--There are authorized to be appropriated to
the Department, for the benefit of Amtrak, for the 2-year
period beginning on the date of enactment of this Act--
(1) $375,000,000 for grants to finance the cost of
enhancements to the security and safety of Amtrak rail
passenger service;
(2) $778,000,000 for grants for life safety improvements to
6 New York Amtrak tunnels built in 1910, the Baltimore and
Potomac Amtrak tunnel built in 1872, and the Washington, D.C.
Union Station Amtrak tunnels built in 1904 under the Supreme
Court and House and Senate Office Buildings; and
(3) $55,000,000 for the emergency repair, and returning to
service of Amtrak passenger cars and locomotives.
(b) Availability of Funds.--Amounts appropriated under
subsection (a) shall remain available until expended.
(c) Coordination With Existing Law.--Amounts made available
to Amtrak under this section shall not be considered to be
Federal assistance for purposes of part C of subtitle V of
title 49, United States Code.
SEC. 169. GRANTS FOR FIREFIGHTING PERSONNEL.
(a) Section 33 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229) is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively;
(2) by inserting after subsection (b) the following:
"(c) Personnel Grants.--
"(1) Exclusion.--Grants awarded under subsection (b) to
hire `employees engaged in fire protection', as that term is
defined in section 3 of the Fair Labor Standards Act (29
U.S.C. 203), shall not be subject to paragraphs (10) or (11)
of subsection (b).
"(2) Duration.--Grants awarded under paragraph (1) shall
be for a 3-year period.
"(3) Maximum amount.--The total amount of grants awarded
under paragraph (1) shall not exceed $100,000 per
firefighter, indexed for inflation, over the 3-year grant
period.
[[Page S8115]]
"(4) Federal share.--
"(A) In general.--Notwithstanding subsection (b)(6), the
Federal share of a grant under paragraph (1) shall not exceed
75 percent of the total salary and benefits cost for
additional firefighters hired.
"(B) Waiver.--The Director may waive the 25 percent non-
Federal match under subparagraph (A) for a jurisdiction of
50,000 or fewer residents or in cases of extreme hardship.
"(5) Application.--In addition to the information under
subsection (b)(5), an application for a grant under paragraph
(1), shall include--
"(A) an explanation for the need for Federal assistance;
and
"(B) specific plans for obtaining necessary support to
retain the position following the conclusion of Federal
support.
"(6) Maintenance of effort.--Grants awarded under
paragraph (1) shall only be used to pay the salaries and
benefits of additional firefighting personnel, and shall not
be used to supplant funding allocated for personnel from
State and local sources."; and
(3) in subsection (f) (as redesignated by paragraph (1)),
by adding at the end the following:
"(3) $1,000,000,000 for each of fiscal years 2003 and
2004, to be used only for grants under subsection (c).".
SEC. 170. REVIEW OF TRANSPORTATION SECURITY ENHANCEMENTS.
(a) Review of Transportation Vulnerabilities and Federal
Transportation Security Efforts.--The Comptroller General
shall conduct a detailed, comprehensive study which shall--
(1) review all available intelligence on terrorist threats
against aviation, seaport, rail and transit facilities;
(2) review all available information on vulnerabilities at
aviation, seaport, rail and transit facilities; and
(3) review the steps taken by agencies since September 11,
2001, to improve aviation, seaport, rail, and transit
security to determine their effectiveness at protecting
passengers and transportation infrastructure from terrorist
attack.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall prepare
and submit to Congress and the Secretary a comprehensive
report containing--
(1) the findings and conclusions from the reviews conducted
under subsection (a); and
(2) proposed steps to improve any deficiencies found in
aviation, seaport, rail, and transit security including, to
the extent possible, the cost of implementing the steps.
(c) Response of the Secretary.--Not later than 90 days
after the date on which the report under this section is
submitted to the Secretary, the Secretary shall provide to
the President and Congress--
(1) the response of the Department to the recommendations
of the report; and
(2) recommendations of the Department to further protect
passengers and transportation infrastructure from terrorist
attack.
SEC. 171. INTEROPERABILITY OF INFORMATION SYSTEMS.
(a) In General.--The Director of the Office of Management
and Budget, in consultation with the Secretary and affected
entities, shall develop--
(1) a comprehensive enterprise architecture for information
systems, including communications systems, to achieve
interoperability between and among information systems of
agencies with responsibility for homeland security; and
(2) a plan to achieve interoperability between and among
information systems, including communications systems, of
agencies with responsibility for homeland security and those
of State and local agencies with responsibility for homeland
security.
(b) Timetables.--The Director of the Office of Management
and Budget, in consultation with the Secretary and affected
entities, shall establish timetables for development and
implementation of the enterprise architecture and plan
referred to in subsection (a).
(c) Implementation.--The Director of the Office of
Management and Budget, in consultation with the Secretary and
acting under the responsibilities of the Director under law
(including the Clinger-Cohen Act of 1996), shall ensure the
implementation of the enterprise architecture developed under
subsection (a)(1), and shall coordinate, oversee, and
evaluate the management and acquisition of information
technology by agencies with responsibility for homeland
security to ensure interoperability consistent with the
enterprise architecture developed under subsection (a)(1).
(d) Agency Cooperation.--The head of each agency with
responsibility for homeland security shall fully cooperate
with the Director of the Office of Management and Budget in
the development of a comprehensive enterprise architecture
for information systems and in the management and acquisition
of information technology consistent with the comprehensive
enterprise architecture developed under subsection (a)(1).
(e) Content.--The enterprise architecture developed under
subsection (a)(1), and the information systems managed and
acquired under the enterprise architecture, shall possess the
characteristics of--
(1) rapid deployment;
(2) a highly secure environment, providing data access only
to authorized users; and
(3) the capability for continuous system upgrades to
benefit from advances in technology while preserving the
integrity of stored data.
(f) Updated Versions.--The Director of the Office of
Management and Budget, in consultation with the Secretary,
shall oversee and ensure the development of updated versions
of the enterprise architecture and plan developed under
subsection (a), as necessary.
(g) Report.--The Director of the Office of Management and
Budget, in consultation with the Secretary, shall annually
report to Congress on the development and implementation of
the enterprise architecture and plan referred to under
subsection (a).
(h) Consultation.--The Director of the Office of Management
and Budget shall consult with information systems management
experts in the public and private sectors, in the development
and implementation of the enterprise architecture and plan
referred to under subsection (a).
(i) Principal Officer.--The Director of the Office of
Management and Budget shall designate, with the approval of
the President, a principal officer in the Office of
Management and Budget whose primary responsibility shall be
to carry out the duties of the Director under this section.
SEC. 172. EXTENSION OF CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended
by striking "September 30, 2003" and inserting "March 31,
2004".
Subtitle E--Transition Provisions
SEC. 181. DEFINITIONS.
In this subtitle:
(1) Agency.--The term "agency" includes any entity,
organizational unit, or function transferred or to be
transferred under this title.
(2) Transition period.--The term "transition period"
means the 1-year period beginning on the effective date of
this division.
SEC. 182. TRANSFER OF AGENCIES.
The transfer of an agency to the Department, as authorized
by this title, shall occur when the President so directs, but
in no event later than the end of the transition period.
SEC. 183. TRANSITIONAL AUTHORITIES.
(a) Provision of Assistance by Officials.--Until an agency
is transferred to the Department, any official having
authority over, or functions relating to, the agency
immediately before the effective date of this division shall
provide to the Secretary such assistance, including the use
of personnel and assets, as the Secretary may reasonably
request in preparing for the transfer and integration of the
agency into the Department.
(b) Services and Personnel.--During the transition period,
upon the request of the Secretary, the head of any agency (as
defined under section 2) may, on a reimbursable basis,
provide services and detail personnel to assist with the
transition.
(c) Acting Officials.--
(1) Designation.--During the transition period, pending the
nomination and advice and consent of the Senate to the
appointment of an officer required by this division to be
appointed by and with such advice and consent, the President
may designate any officer whose appointment was required to
be made by and with such advice and consent, and who
continues as such an officer, to act in such office until the
office is filled as provided in this division.
(2) Compensation.--While serving as an acting officer under
paragraph (1), the officer shall receive compensation at the
higher of the rate provided--
(A) under this division for the office in which that
officer acts; or
(B) for the office held at the time of designation.
(3) Period of service.--The person serving as an acting
officer under paragraph (1) may serve in the office for the
periods described under section 3346 of title 5, United
States Code, as if the office became vacant on the effective
date of this division.
(d) Exception to Advice and Consent Requirement.--Nothing
in this Act shall be construed to require the advice and
consent of the Senate to the appointment by the President to
a position in the Department of any officer--
(1) whose agency is transferred to the Department under
this Act;
(2) whose appointment was by and with the advice and
consent of the Senate;
(3) who is proposed to serve in a directorate or office of
the Department that is similar to the transferred agency in
which the officer served; and
(4) whose authority and responsibilities following such
transfer would be equivalent to those performed prior to such
transfer.
SEC. 184. INCIDENTAL TRANSFERS AND TRANSFER OF RELATED
FUNCTIONS.
(a) Incidental Transfers.--The Director of the Office of
Management and Budget, in consultation with the Secretary,
shall 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 title, as the Director
determines necessary to accomplish the purposes of this
title.
(b) Adjudicatory or Review Functions.--
(1) In general.--At the time an agency is transferred to
the Department, the President may also transfer to the
Department any agency established to carry out or support
adjudicatory or review functions in relation to the
transferred agency.
(2) Exception.--The President may not transfer the
Executive Office of Immigration
[[Page S8116]]
Review of the Department of Justice under this subsection.
(c) Transfer of Related Functions.--The transfer, under
this title, of an agency that is a subdivision of a
department before such transfer shall include the transfer to
the Secretary of any function relating to such agency that,
on the date before the transfer, was exercised by the head of
the department from which such agency is transferred.
(d) References.--A reference in any other Federal law,
Executive order, rule, regulation, delegation of authority,
or other document pertaining to an agency transferred under
this title that refers to the head of the department from
which such agency is transferred is deemed to refer to the
Secretary.
SEC. 185. IMPLEMENTATION PROGRESS REPORTS AND LEGISLATIVE
RECOMMENDATIONS.
(a) In General.--In consultation with the President and in
accordance with this section, the Secretary shall prepare
implementation progress reports and submit such reports to--
(1) the President of the Senate and the Speaker of the
House of Representatives for referral to the appropriate
committees; and
(2) the Comptroller General of the United States.
(b) Report Frequency.--
(1) Initial report.--As soon as practicable, and not later
than 6 months after the date of enactment of this Act, the
Secretary shall submit the first implementation progress
report.
(2) Semiannual reports.--Following the submission of the
report under paragraph (1), the Secretary shall submit
additional implementation progress reports not less
frequently than once every 6 months until all transfers to
the Department under this title have been completed.
(3) Final report.--Not later than 6 months after all
transfers to the Department under this title have been
completed, the Secretary shall submit a final implementation
progress report.
(c) Contents.--
(1) In general.--Each implementation progress report shall
report on the progress made in implementing titles I, II,
III, and XI, including fulfillment of the functions
transferred under this Act, and shall include all of the
information specified under paragraph (2) that the Secretary
has gathered as of the date of submission. Information
contained in an earlier report may be referenced, rather than
set out in full, in a subsequent report. The final
implementation progress report shall include any required
information not yet provided.
(2) Specifications.--Each implementation progress report
shall contain, to the extent available--
(A) with respect to the transfer and incorporation of
entities, organizational units, and functions--
(i) the actions needed to transfer and incorporate
entities, organizational units, and functions into the
Department;
(ii) a projected schedule, with milestones, for completing
the various phases of the transition;
(iii) a progress report on taking those actions and meeting
the schedule;
(iv) the organizational structure of the Department,
including a listing of the respective directorates, the field
offices of the Department, and the executive positions that
will be filled by political appointees or career executives;
(v) the location of Department headquarters, including a
timeframe for relocating to the new location, an estimate of
cost for the relocation, and information about which elements
of the various agencies will be located at headquarters;
(vi) unexpended funds and assets, liabilities, and
personnel that will be transferred, and the proposed
allocations and disposition within the Department; and
(vii) the costs of implementing the transition;
(B) with respect to human capital planning--
(i) a description of the workforce planning undertaken for
the Department, including the preparation of an inventory of
skills and competencies available to the Department, to
identify any gaps, and to plan for the training, recruitment,
and retention policies necessary to attract and retain a
workforce to meet the needs of the Department;
(ii) the past and anticipated future record of the
Department with respect to recruitment and retention of
personnel;
(iii) plans or progress reports on the utilization by the
Department of existing personnel flexibility, provided by law
or through regulations of the President and the Office of
Personnel Management, to achieve the human capital needs of
the Department;
(iv) any inequitable disparities in pay or other terms and
conditions of employment among employees within the
Department resulting from the consolidation under this
division of functions, entities, and personnel previously
covered by disparate personnel systems; and
(v) efforts to address the disparities under clause (iv)
using existing personnel flexibility;
(C) with respect to information technology--
(i) an assessment of the existing and planned information
systems of the Department; and
(ii) a report on the development and implementation of
enterprise architecture and of the plan to achieve
interoperability;
(D) with respect to programmatic implementation--
(i) the progress in implementing the programmatic
responsibilities of this division;
(ii) the progress in implementing the mission of each
entity, organizational unit, and function transferred to the
Department;
(iii) recommendations of any other governmental entities,
organizational units, or functions that need to be
incorporated into the Department in order for the Department
to function effectively; and
(iv) recommendations of any entities, organizational units,
or functions not related to homeland security transferred to
the Department that need to be transferred from the
Department or terminated for the Department to function
effectively.
(d) Legislative Recommendations.--
(1) Inclusion in report.--The Secretary, after consultation
with the appropriate committees of Congress, shall include in
the report under this section, recommendations for
legislation that the Secretary determines is necessary to--
(A) facilitate the integration of transferred entities,
organizational units, and functions into the Department;
(B) reorganize agencies, executive positions, and the
assignment of functions within the Department;
(C) address any inequitable disparities in pay or other
terms and conditions of employment among employees within the
Department resulting from the consolidation of agencies,
functions, and personnel previously covered by disparate
personnel systems;
(D) enable the Secretary to engage in procurement essential
to the mission of the Department;
(E) otherwise help further the mission of the Department;
and
(F) make technical and conforming amendments to existing
law to reflect the changes made by titles I, II, III, and XI.
(2) Separate submission of proposed legislation.--The
Secretary may submit the proposed legislation under paragraph
(1) to Congress before submitting the balance of the report
under this section.
SEC. 186. TRANSFER AND ALLOCATION.
Except as otherwise provided in this title, the personnel
employed in connection with, and the assets, liabilities,
contracts, property, records, and unexpended balance of
appropriations, authorizations, allocations, and other funds
employed, held, used, arising from, available to, or to be
made available in connection with the agencies transferred
under this title, shall be transferred to the Secretary for
appropriate allocation, subject to the approval of the
Director of the Office of Management and Budget and to
section 1531 of title 31, United States Code. Unexpended
funds transferred under this subsection shall be used only
for the purposes for which the funds were originally
authorized and appropriated.
SEC. 187. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, recognitions of labor organizations,
collective bargaining agreements, certificates, licenses,
registrations, privileges, and other administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under this
title; and
(2) which are in effect at the time this division takes
effect, or were final before the effective date of this
division and are to become effective on or after the
effective date of this division,
shall, to the extent related to such functions, continue in
effect according to their terms until modified, terminated,
superseded, set aside, or revoked in accordance with law by
the President, the Secretary or other authorized official, or
a court of competent jurisdiction, or by operation of law.
(b) Proceedings Not Affected.--The provisions of this title
shall not affect any proceedings, including notices of
proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending before
an agency at the time this title takes effect, with respect
to functions transferred by this title but such proceedings
and applications shall continue. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this
title had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by
operation of law. Nothing in this subsection shall be deemed
to prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to the
same extent that such proceeding could have been discontinued
or modified if this title had not been enacted.
(c) Suits Not Affected.--The provisions of this title shall
not affect suits commenced before the effective date of this
division, and in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same manner and
with the same effect as if this title had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other
proceeding commenced by or against an agency, or by or
against any individual in the official capacity of such
individual as an officer of an agency, shall abate by reason
of the enactment of this title.
[[Page S8117]]
(e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by an agency
relating to a function transferred under this title may be
continued by the Department with the same effect as if this
title had not been enacted.
(f) Employment and Personnel.--
(1) Employee rights.--
(A) Transferred agencies.--The Department, or a subdivision
of the Department, that includes an entity or organizational
unit, or subdivision thereof, transferred under this Act, or
performs functions transferred under this Act shall not be
excluded from coverage of chapter 71 of title 5, United
States Code, as a result of any order issued under section
7103(b)(1) of title 5, United States Code, after July 19,
2002.
(B) Transferred employees.--An employee transferred to the
Department under this Act, who was in an appropriate unit
under section 7112 of title 5, United States Code, prior to
the transfer, shall not be excluded from a unit under
subsection (b)(6) of that section unless--
(i) the primary job duty of the employee is materially
changed after the transfer; and
(ii) the primary job duty of the employee after such change
consists of intelligence, counterintelligence, or
investigative duties directly related to the investigation of
terrorism, if it is clearly demonstrated that membership in a
unit and coverage under chapter 71 of title 5, United States
Code, cannot be applied in a manner that would not have a
substantial adverse effect on national security.
(C) Transferred functions.--An employee of the Department
who is primarily engaged in carrying out a function
transferred to the Department under this Act or a function
substantially similar to a function so transferred shall not
be excluded from a unit under section 7112(b)(6) of title 5,
United States Code, unless the function prior to the transfer
was performed by an employee excluded from a unit under that
section.
(D) Other agencies, employees, and functions.--
(i) Exclusion of subdivision.--Subject to paragraph (A), a
subdivision of the Department shall not be excluded
from coverage under chapter 71 of title 5, United States
Code, under section 7103(b)(1) of that title unless--
(I) the subdivision has, as a primary function,
intelligence, counterintelligence, or investigative duties
directly related to terrorism investigation; and
(II) the provisions of that chapter cannot be applied to
that subdivision in a manner consistent with national
security requirements and considerations.
(ii) Exclusion of employee.--Subject to subparagraphs (B)
and (C), an employee of the Department shall not be excluded
from a unit under section 7112(b)(6) of title 5, United
States Code, unless the primary job duty of the employee
consists of intelligence, counterintelligence, or
investigative duties directly related to terrorism
investigation, if it is clearly demonstrated that membership
in a unit and coverage under chapter 71 of title 5, United
States Code, cannot be applied in a manner that would not
have a substantial adverse effect on national security.
(E) Prior exclusion.--Subparagraphs (A) through (D) shall
not apply to any entity or organizational unit, or
subdivision thereof, transferred to the Department under this
Act that, on July 19, 2002, was excluded from coverage under
chapter 71 of title 5, United States Code, under section
7103(b)(1) of that title.
(2) Terms and conditions of employment.--The transfer of an
employee to the Department under this Act shall not alter the
terms and conditions of employment, including compensation,
of any employee so transferred.
(3) Conditions and criteria for appointment.--Any
qualifications, conditions, or criteria required by law for
appointments to a position in an agency, or subdivision
thereof, transferred to the Department under this title,
including a requirement that an appointment be made by the
President, by and with the advice and consent of the Senate,
shall continue to apply with respect to any appointment to
the position made after such transfer to the Department has
occurred.
(4) Whistleblower protection.--The President may not
exclude any position transferred to the Department as a
covered position under section 2302(a)(2)(B)(ii) of title 5,
United States Code, to the extent that such exclusion subject
to that authority was not made before the date of enactment
of this Act.
(g) No Effect on Intelligence Authorities.--The transfer of
authorities, functions, personnel, and assets of elements of
the United States Government under this title, or the
assumption of authorities and functions by the Department
under this title, shall not be construed, in cases where such
authorities, functions, personnel, and assets are engaged in
intelligence activities as defined in the National Security
Act of 1947, as affecting the authorities of the Director of
Central Intelligence, the Secretary of Defense, or the heads
of departments and agencies within the intelligence
community.
SEC. 188. TRANSITION PLAN.
(a) In General.--Not later than September 15, 2002, the
President shall submit to Congress a transition plan as set
forth in subsection (b).
(b) Contents.--
(1) In general.--The transition plan under subsection (a)
shall include a detailed--
(A) plan for the transition to the Department and
implementation of titles I, II, and III and division B; and
(B) proposal for the financing of those operations and
needs of the Department that do not represent solely the
continuation of functions for which appropriations already
are available.
(2) Financing proposal.--The financing proposal under
paragraph (1)(B) may consist of any combination of specific
appropriations transfers, specific reprogrammings, and new
specific appropriations as the President considers advisable.
SEC. 189. USE OF APPROPRIATED FUNDS.
(a) Applicability of This Section.--Notwithstanding any
other provision of this Act or any other law, this section
shall apply to the use of any funds, disposal of property,
and acceptance, use, and disposal of gifts, or donations of
services or property, of, for, or by the Department,
including any agencies, entities, or other organizations
transferred to the Department under this Act, the Office, and
the National Combating Terrorism Strategy Panel.
(b) Use of Transferred Funds.--Except as may be provided in
an appropriations Act in accordance with subsection (d),
balances of appropriations and any other funds or assets
transferred under this Act--
(1) shall be available only for the purposes for which they
were originally available;
(2) shall remain subject to the same conditions and
limitations provided by the law originally appropriating or
otherwise making available the amount, including limitations
and notification requirements related to the reprogramming of
appropriated funds; and
(3) shall not be used to fund any new position established
under this Act.
(c) Notification Regarding Transfers.--The President shall
notify Congress not less than 15 days before any transfer of
appropriations balances, other funds, or assets under this
Act.
(d) Additional Uses of Funds During Transition.--Subject to
subsection (c), amounts transferred to, or otherwise made
available to, the Department may be used during the
transition period for purposes in addition to those for which
they were originally available (including by transfer among
accounts of the Department), but only to the extent such
transfer or use is specifically permitted in advance in an
appropriations Act and only under the conditions and for the
purposes specified in such appropriations Act.
(e) Disposal of Property.--
(1) Strict compliance.--If specifically authorized to
dispose of real property in this or any other Act, the
Secretary shall exercise this authority in strict compliance
with section 204 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 485).
(2) Deposit of proceeds.--The Secretary shall deposit the
proceeds of any exercise of property disposal authority into
the miscellaneous receipts of the Treasury in accordance with
section 3302(b) of title 31, United States Code.
(f) Gifts.--Gifts or donations of services or property of
or for the Department, the Office, or the National Combating
Terrorism Strategy Panel may not be accepted, used, or
disposed of unless specifically permitted in advance in an
appropriations Act and only under the conditions and for the
purposes specified in such appropriations Act.
(g) Budget Request.--Under section 1105 of title 31, United
States Code, the President shall submit to Congress a
detailed budget request for the Department for fiscal year
2004.
Subtitle F--Administrative Provisions
SEC. 191. REORGANIZATIONS AND DELEGATIONS.
(a) Reorganization Authority.--
(1) In general.--The Secretary may, as necessary and
appropriate--
(A) allocate, or reallocate, functions among officers of
the Department; and
(B) establish, consolidate, alter, or discontinue
organizational entities within the Department.
(2) Limitation.--Paragraph (1) does not apply to--
(A) any office, bureau, unit, or other entity established
by law and transferred to the Department;
(B) any function vested by law in an entity referred to in
subparagraph (A) or vested by law in an officer of such an
entity; or
(C) the alteration of the assignment or delegation of
functions assigned by this Act to any officer or
organizational entity of the Department.
(b) Delegation Authority.--
(1) Secretary.--The Secretary may--
(A) delegate any of the functions of the Secretary; and
(B) authorize successive redelegations of functions of the
Secretary to other officers and employees of the Department.
(2) Officers.--An officer of the Department may--
(A) delegate any function assigned to the officer by law;
and
(B) authorize successive redelegations of functions
assigned to the officer by law to other officers and
employees of the Department.
(3) Limitations.--
(A) Interunit delegation.--Any function assigned by this
title to an organizational unit of the Department or to the
head of an organizational unit of the Department may not be
delegated to an officer or employee outside of that unit.
[[Page S8118]]
(B) Functions.--Any function vested by law in an entity
established by law and transferred to the Department or
vested by law in an officer of such an entity may not be
delegated to an officer or employee outside of that entity.
SEC. 192. REPORTING REQUIREMENTS.
(a) Annual Evaluations.--The Comptroller General of the
United States shall monitor and evaluate the implementation
of titles I, II, III, and XI. Not later than 15 months after
the effective date of this division, and every year
thereafter for the succeeding 5 years, the Comptroller
General shall submit a report to Congress containing--
(1) an evaluation of the implementation progress reports
submitted to Congress and the Comptroller General by the
Secretary under section 185;
(2) the findings and conclusions of the Comptroller General
of the United States resulting from the monitoring and
evaluation conducted under this subsection, including
evaluations of how successfully the Department is meeting--
(A) the homeland security missions of the Department; and
(B) the other missions of the Department; and
(3) any recommendations for legislation or administrative
action the Comptroller General considers appropriate.
(b) Biennial Reports.--Every 2 years the Secretary shall
submit to Congress--
(1) a report assessing the resources and requirements of
executive agencies relating to border security and emergency
preparedness issues; and
(2) a report certifying the preparedness of the United
States to prevent, protect against, and respond to natural
disasters, cyber attacks, and incidents involving weapons of
mass destruction.
(c) Point of Entry Management Report.--Not later than 1
year after the effective date of this division, the Secretary
shall submit to Congress a report outlining proposed steps to
consolidate management authority for Federal operations at
key points of entry into the United States.
(d) Combating Terrorism and Homeland Security.--Not later
than 270 days after the date of enactment of this Act, the
Secretary and the Director shall--
(1) in consultation with the head of each department or
agency affected by titles I, II, III, and XI, develop
definitions of the terms "combating terrorism" and
"homeland security" for purposes of those titles and shall
consider such definitions in determining the mission of the
Department and Office; and
(2) submit a report to Congress on such definitions.
(e) Results-Based Management.--
(1) Strategic plan.--
(A) In general.--Not later than September 30, 2003,
consistent with the requirements of section 306 of title 5,
United States Code, the Secretary, in consultation with
Congress, shall prepare and submit to the Director of the
Office of Management and Budget and to Congress a strategic
plan for the program activities of the Department.
(B) Period; revisions.--The strategic plan shall cover a
period of not less than 5 years from the fiscal year in which
it is submitted and it shall be updated and revised at least
every 3 years.
(C) Contents.--The strategic plan shall describe the
planned results for the non-homeland security related
activities of the Department and the homeland security
related activities of the Department.
(2) Performance plan.--
(A) In general.--In accordance with section 1115 of title
31, United States Code, the Secretary shall prepare an annual
performance plan covering each program activity set forth in
the budget of the Department.
(B) Contents.--The performance plan shall include--
(i) the goals to be achieved during the year;
(ii) strategies and resources required to meet the goals;
and
(iii) the means used to verify and validate measured
values.
(C) Scope.--The performance plan should describe the
planned results for the non-homeland security related
activities of the Department and the homeland security
related activities of the Department.
(3) Performance report.--
(A) In general.--In accordance with section 1116 of title
31, United States Code, the Secretary shall prepare and
submit to the President and Congress an annual report on
program performance for each fiscal year.
(B) Contents.--The performance report shall include the
actual results achieved during the year compared to the goals
expressed in the performance plan for that year.
SEC. 193. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH
REQUIREMENTS.
The Secretary shall--
(1) ensure that the Department complies with all applicable
environmental, safety, and health statutes and requirements;
and
(2) develop procedures for meeting such requirements.
SEC. 194. LABOR STANDARDS.
(a) In General.--All laborers and mechanics employed by
contractors or subcontractors in the performance of
construction work financed in whole or in part with
assistance received under this Act shall be paid wages at
rates not less than those prevailing on similar construction
in the locality as determined by the Secretary of Labor in
accordance with the Davis-Bacon Act (40 U.S.C. 276a et seq.).
(b) Secretary of Labor.--The Secretary of Labor shall have,
with respect to the enforcement of labor standards under
subsection (a), the authority and functions set forth in
Reorganization Plan Number 14 of 1950 (5 U.S.C. App.) and
section 2 of the Act of June 13, 1934 (48 Stat. 948, chapter
482; 40 U.S.C. 276c).
SEC. 195. PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.
The Secretary may--
(1) procure the temporary or intermittent services of
experts or consultants (or organizations thereof) in
accordance with section 3109(b) of title 5, United States
Code; and
(2) whenever necessary due to an urgent homeland security
need, procure temporary (not to exceed 1 year) or
intermittent personal services, including the services of
experts or consultants (or organizations thereof), without
regard to the pay limitations of such section 3109.
SEC. 196. PRESERVING NON-HOMELAND SECURITY MISSION
PERFORMANCE.
(a) In General.--For each entity transferred into the
Department that has non-homeland security functions, the
respective Under Secretary in charge, in conjunction with the
head of such entity, shall report to the Secretary, the
Comptroller General, and the appropriate committees of
Congress on the performance of the entity in all of its
missions, with a particular emphasis on examining the
continued level of performance of the non-homeland security
missions.
(b) Contents.--The report referred to in subsection (a)
shall--
(1) to the greatest extent possible, provide an inventory
of the non-homeland security functions of the entity and
identify the capabilities of the entity with respect to those
functions, including--
(A) the number of employees who carry out those functions;
(B) the budget for those functions; and
(C) the flexibilities, personnel or otherwise, currently
used to carry out those functions;
(2) contain information related to the roles,
responsibilities, missions, organizational structure,
capabilities, personnel assets, and annual budgets,
specifically with respect to the capabilities of the entity
to accomplish its non-homeland security missions without any
diminishment; and
(3) contain information regarding whether any changes are
required to the roles, responsibilities, missions,
organizational structure, modernization programs, projects,
activities, recruitment and retention programs, and annual
fiscal resources to enable the entity to accomplish its non-
homeland security missions without diminishment.
(c) Timing.--Each Under Secretary shall provide the report
referred to in subsection (a) annually, for the 5 years
following the transfer of the entity to the Department.
SEC. 197. FUTURE YEARS HOMELAND SECURITY PROGRAM.
(a) In General.--Each budget request submitted to Congress
for the Department under section 1105 of title 31, United
States Code, and each budget request submitted to Congress
for the National Terrorism Prevention and Response Program
shall be accompanied by a Future Years Homeland Security
Program.
(b) Contents.--The Future Years Homeland Security Program
under subsection (a) shall be structured, and include the
same type of information and level of detail, as the Future
Years Defense Program submitted to Congress by the Department
of Defense under section 221 of title 10, United States Code.
(c) Effective Date.--This section shall take effect with
respect to the preparation and submission of the fiscal year
2005 budget request for the Department and the fiscal year
2005 budget request for the National Terrorism Prevention and
Response Program, and for any subsequent fiscal year.
SEC. 198. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL
INFORMATION.
(a) Definitions.--In this section:
(1) Critical infrastructure.--The term "critical
infrastructure" has the meaning given that term in section
1016(e) of the USA PATRIOT ACT of 2001 (42 U.S.C. 5195(e)).
(2) Furnished voluntarily.--
(A) Definition.--The term "furnished voluntarily" means a
submission of a record that--
(i) is made to the Department in the absence of authority
of the Department requiring that record to be submitted; and
(ii) is not submitted or used to satisfy any legal
requirement or obligation or to obtain any grant, permit,
benefit (such as agency forbearance, loans, or reduction or
modifications of agency penalties or rulings), or other
approval from the Government.
(B) Benefit.--In this paragraph, the term "benefit" does
not include any warning, alert, or other risk analysis by the
Department.
(b) In General.--Notwithstanding any other provision of
law, a record pertaining to the vulnerability of and threats
to critical infrastructure (such as attacks, response, and
recovery efforts) that is furnished voluntarily to the
Department shall not be made available under section 552 of
title 5, United States Code, if--
(1) the provider would not customarily make the record
available to the public; and
(2) the record is designated and certified by the provider,
in a manner specified by the Department, as confidential and
not customarily made available to the public.
[[Page S8119]]
(c) Records Shared With Other Agencies.--
(1) In general.--
(A) Response to request.--An agency in receipt of a record
that was furnished voluntarily to the Department and
subsequently shared with the agency shall, upon receipt of a
request under section 552 of title 5, United States Code, for
the record--
(i) not make the record available; and
(ii) refer the request to the Department for processing and
response in accordance with this section.
(B) Segregable portion of record.--Any reasonably
segregable portion of a record shall be provided to the
person requesting the record after deletion of any portion
which is exempt under this section.
(2) Disclosure of independently furnished records.--
Notwithstanding paragraph (1), nothing in this section shall
prohibit an agency from making available under section 552 of
title 5, United States Code, any record that the agency
receives independently of the Department, regardless of
whether or not the Department has a similar or identical
record.
(d) Withdrawal of Confidential Designation.--The provider
of a record that is furnished voluntarily to the Department
under subsection (b) may at any time withdraw, in a manner
specified by the Department, the confidential designation.
(e) Procedures.--The Secretary shall prescribe procedures
for--
(1) the acknowledgement of receipt of records furnished
voluntarily;
(2) the designation, certification, and marking of records
furnished voluntarily as confidential and not customarily
made available to the public;
(3) the care and storage of records furnished voluntarily;
(4) the protection and maintenance of the confidentiality
of records furnished voluntarily; and
(5) the withdrawal of the confidential designation of
records under subsection (d).
(f) Effect on State and Local Law.--Nothing in this section
shall be construed as preempting or otherwise modifying State
or local law concerning the disclosure of any information
that a State or local government receives independently of
the Department.
(g) Report.--
(1) Requirement.--Not later than 18 months after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the committees of Congress
specified in paragraph (2) a report on the implementation and
use of this section, including--
(A) the number of persons in the private sector, and the
number of State and local agencies, that furnished
voluntarily records to the Department under this section;
(B) the number of requests for access to records granted or
denied under this section; and
(C) such recommendations as the Comptroller General
considers appropriate regarding improvements in the
collection and analysis of sensitive information held by
persons in the private sector, or by State and local
agencies, relating to vulnerabilities of and threats to
critical infrastructure, including the response to such
vulnerabilities and threats.
(2) Committees of congress.--The committees of Congress
specified in this paragraph are--
(A) the Committees on the Judiciary and Governmental
Affairs of the Senate; and
(B) the Committees on the Judiciary and Government Reform
and Oversight of the House of Representatives.
(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
SEC. 199. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to--
(1) enable the Secretary to administer and manage the
Department; and
(2) carry out the functions of the Department other than
those transferred to the Department under this Act.
TITLE II--NATIONAL OFFICE FOR COMBATING TERRORISM
SEC. 201. NATIONAL OFFICE FOR COMBATING TERRORISM.
(a) Establishment.--There is established within the
Executive Office of the President the National Office for
Combating Terrorism.
(b) Officers.--
(1) Director.--The head of the Office shall be the Director
of the National Office for Combating Terrorism, who shall be
appointed by the President, by and with the advice and
consent of the Senate.
(2) Executive schedule level i position.--Section 5312 of
title 5, United States Code, is amended by adding at the end
the following:
"Director of the National Office for Combating
Terrorism.".
(3) Other officers.--The President shall assign to the
Office such other officers as the President, in consultation
with the Director, considers appropriate to discharge the
responsibilities of the Office.
(c) Responsibilities.--Subject to the direction and control
of the President, the responsibilities of the Office shall
include the following:
(1) To develop national objectives and policies for
combating terrorism.
(2) To ensure that relevant agencies and entities conduct
appropriate risk analysis and risk management activities and
provide pertinent information derived such activities to the
Office, and to review and integrate such information into the
development of the Strategy.
(3) To direct and review the development of a comprehensive
national assessment of terrorist threats and vulnerabilities
to those threats, which shall be--
(A) conducted by the heads of relevant agencies, the
National Security Advisor, the Director of the Office of
Science and Technology Policy, and other involved White House
entities; and
(B) used in preparation of the Strategy.
(4) To develop, with the Secretary of Homeland Security,
the Strategy under title III.
(5) To coordinate, oversee, and evaluate the implementation
and execution of the Strategy by agencies with
responsibilities for combating terrorism under the Strategy,
particularly those involving military, intelligence, law
enforcement, diplomatic, and scientific and technological
assets.
(6) To work with agencies, including the Environmental
Protection Agency, to ensure that appropriate actions are
taken to address vulnerabilities identified by the
Directorate of Critical Infrastructure Protection within the
Department.
(7)(A) To coordinate, with the advice of the Secretary, the
development of a comprehensive annual budget for the programs
and activities under the Strategy, including the budgets of
the military departments and agencies within the National
Foreign Intelligence Program relating to international
terrorism, but excluding military programs, projects, or
activities relating to force protection.
(B) To have the lead responsibility for budget
recommendations relating to military, intelligence, law
enforcement, and diplomatic assets in support of the
Strategy.
(8) To exercise funding authority for Federal terrorism
prevention and response agencies in accordance with section
202.
(9) To serve as an advisor to the National Security
Council.
(10) To work with the Director of the Federal Bureau of
Investigation to ensure that--
(A) the Director of the National Office for Combating
Terrorism receives the relevant information from the Federal
Bureau of Investigation related to terrorism; and
(B) such information is made available to the appropriate
agencies and to State and local law enforcement officials.
(d) Resources.--In consultation with the Director, the
President shall assign or allocate to the Office such
resources, including funds, personnel, and other resources,
as the President considers appropriate and that are available
to the President under appropriations Acts for fiscal year
2002 and fiscal year 2003 in the "Office of Administration"
appropriations account or the "Office of Homeland Security"
appropriations account. Any transfer or reprogramming of
funds made under this section shall be subject to the
reprogramming procedures in the Treasury and General
Government Appropriations Act, 2002 (Public Law 107-67).
(e) Oversight by Congress.--The establishment of the Office
within the Executive Office of the President shall not be
construed as affecting access by Congress, or any committee
of Congress, to--
(1) any information, document, record, or paper in the
possession of the Office or any study conducted by or at the
direction of the Director; or
(2) any personnel of the Office.
SEC. 202. FUNDING FOR STRATEGY PROGRAMS AND ACTIVITIES.
(a) Budget Review.--In consultation with the Director of
the Office of Management and Budget, the Secretary, and the
heads of other agencies, the National Security Advisor, the
Director of the Office of Science and Technology Policy, and
other involved White House entities, the Director shall--
(1) identify programs that contribute to the Strategy; and
(2) in the development of the budget submitted by the
President to Congress under section 1105 of title 31, United
States Code, review and provide advice to the heads of
agencies on the amount and use of funding for programs
identified under paragraph (1).
(b) Submittal of Proposed Budgets to the Director.--
(1) In general.--The head of each Federal terrorism
prevention and response agency shall submit to the Director
each year the proposed budget of that agency for the fiscal
year beginning in that year for programs and activities of
that agency under the Strategy during that fiscal year.
(2) Date for submission.--The proposed budget of an agency
for a fiscal year under paragraph (1) shall be submitted to
the Director--
(A) not later than the date on which the agency completes
the collection of information for purposes of the submission
by the President of a budget to Congress for that fiscal year
under section 1105 of title 31, United States Code; and
(B) before that information is submitted to the Director of
the Office of Management and Budget for such purposes.
(3) Format.--In consultation with the Director of the
Office of Management and Budget, the Director shall specify
the format for the submittal of proposed budgets under
paragraph (1).
(c) Review of Proposed Budgets.--
(1) In general.--The Director shall review each proposed
budget submitted to the Director under subsection (b).
(2) Inadequate funding determination.--If the Director
determines under paragraph
[[Page S8120]]
(1) that the proposed budget of an agency for a fiscal year
under subsection (b) is inadequate, in whole or in part, to
permit the implementation by the agency during the fiscal
year of the goals of the Strategy applicable to the agency
during the fiscal year, the Director shall submit to the head
of the agency--
(A) a notice in writing of the determination; and
(B) a statement of the proposed funding, and any specific
initiatives, that would (as determined by the Director)
permit the implementation by the agency during the fiscal
year of the goals of the Strategy applicable to the agency
during the fiscal year.
(3) Adequate funding determination.--If the Director
determines under paragraph (1) that the proposed budget of an
agency for a fiscal year under subsection (b) is adequate to
permit the implementation by the agency during the fiscal
year of the goals of the Strategy applicable to the agency
during the fiscal year, the Director shall submit to the head
of the agency a notice in writing of that determination.
(4) Maintenance of records.--The Director shall maintain a
record of--
(A) each notice submitted under paragraph (2), including
any statement accompanying such notice; and
(B) each notice submitted under paragraph (3).
(d) Agency Response to Review of Proposed Budgets.--
(1) Incorporation of proposed funding.--The head of a
Federal terrorism prevention and response agency that
receives a notice under subsection (c)(2) with respect to the
proposed budget of the agency for a fiscal year shall
incorporate the proposed funding, and any initiatives, set
forth in the statement accompanying the notice into the
information submitted to the Office of Management and Budget
in support of the proposed budget for the agency for the
fiscal year under section 1105 of title 31, United States
Code.
(2) Additional information.--The head of each agency
described under paragraph (1) for a fiscal year shall include
as an appendix to the information submitted to the Office of
Management and Budget under that paragraph for the fiscal
year the following:
(A) A summary of any modifications in the proposed budget
of such agency for the fiscal year under paragraph (1).
(B) An assessment of the effect of such modifications on
the capacity of such agency to perform its responsibilities
during the fiscal year other than its responsibilities under
the Strategy.
(3) Submission to congress.--
(A) In general.--Subject to subparagraph (B), the head of
each agency described under paragraph (1) for a fiscal year
shall submit to Congress a copy of the appendix submitted to
the Office of Management and Budget for the fiscal year under
paragraph (2) at the same time the budget of the President
for the fiscal year is submitted to Congress under section
1105 of title 31, United States Code.
(B) Elements within intelligence programs.--In the
submission of the copy of the appendix to Congress under
subparagraph (A), those elements of the appendix which are
within the National Foreign Intelligence Program shall be
submitted to--
(i) the Select Committee on Intelligence of the Senate;
(ii) the Permanent Select Committee on Intelligence of the
House of Representatives;
(iii) the Committee on Appropriations of the Senate; and
(iv) the Committee on Appropriations of the House of
Representatives.
(e) Submittal of Revised Proposed Budgets.--
(1) In general.--At the same time the head of a Federal
terrorism prevention and response agency submits its proposed
budget for a fiscal year to the Office of Management and
Budget for purposes of the submission by the President of a
budget to Congress for the fiscal year under section 1105 of
title 31, United States Code, the head of the agency shall
submit a copy of the proposed budget to the Director.
(2) Review and decertification authority.--The Director of
the National Office for Combating Terrorism--
(A) shall review each proposed budget submitted under
paragraph (1); and
(B) in the case of a proposed budget for a fiscal year to
which subsection (c)(2) applies in the fiscal year, if the
Director determines as a result of the review that the
proposed budget does not include the proposed funding, and
any initiatives, set forth in the notice under that
subsection with respect to the proposed budget--
(i) may decertify the proposed budget; and
(ii) with respect to any proposed budget so decertified,
shall submit to Congress--
(I) a notice of the decertification;
(II) a copy of the notice submitted to the agency concerned
for the fiscal year under subsection (c)(2)(B); and
(III) the budget recommendations made under this section.
(f) National Terrorism Prevention and Response Program
Budget.--
(1) In general.--For each fiscal year, following the
submittal of proposed budgets to the Director under
subsection (b), the Director shall, in consultation with the
Secretary and the head of each Federal terrorism prevention
and response agency concerned--
(A) develop a consolidated proposed budget for such fiscal
year for all programs and activities under the Strategy for
such fiscal year; and
(B) subject to paragraph (2), submit the consolidated
proposed budget to the President and to Congress.
(2) Elements within intelligence programs.--In the
submission of the consolidated proposed budget to Congress
under paragraph (1)(B), those elements of the budget which
are within the National Foreign Intelligence Program shall be
submitted to--
(A) the Select Committee on Intelligence of the Senate;
(B) the Permanent Select Committee on Intelligence of the
House of Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
(3) Designation of consolidated proposed budget.--The
consolidated proposed budget for a fiscal year under this
subsection shall be known as the National Terrorism
Prevention and Response Program Budget for the fiscal year.
(g) Reprogramming and Transfer Requests.--
(1) Approval by the director.--The head of a Federal
terrorism prevention and response agency may not submit to
Congress a request for the reprogramming or transfer of any
funds specified in the National Terrorism Prevention and
Response Program Budget for programs or activities of the
agency under the Strategy for a fiscal year in excess of
$5,000,000 without the approval of the Director.
(2) Approval by the president.--The President may, upon the
request of the head of the agency concerned, permit the
submittal to Congress of a request previously disapproved by
the Director under paragraph (1) if the President determines
that the submittal of the request to Congress will further
the purposes of the Strategy.
TITLE III--NATIONAL STRATEGY FOR COMBATING TERRORISM AND THE HOMELAND
SECURITY RESPONSE
SEC. 301. STRATEGY.
(a) Development.--The Secretary and the Director shall
develop the National Strategy for Combating Terrorism and
Homeland Security Response for detection, prevention,
protection, response, and recovery to counter terrorist
threats, including threat, vulnerability, and risk assessment
and analysis, and the plans, policies, training, exercises,
evaluation, and interagency cooperation that address each
such action relating to such threats.
(b) Responsibilities.--
(1) Responsibilities of the secretary.--The Secretary shall
have responsibility for portions of the Strategy addressing
border security, critical infrastructure protection,
emergency preparation and response, and integrating State and
local efforts with activities of the Federal Government.
(2) Responsibilities of the director.--The Director shall
have overall responsibility for development of the Strategy,
and particularly for those portions of the Strategy
addressing intelligence, military assets, law enforcement,
and diplomacy.
(c) Contents.--The contents of the Strategy shall include--
(1) a comprehensive statement of mission, goals,
objectives, desired end-state, priorities and
responsibilities;
(2) policies and procedures to maximize the collection,
translation, analysis, exploitation, and dissemination of
information relating to combating terrorism and the homeland
security response throughout the Federal Government and with
State and local authorities;
(3) plans for countering chemical, biological,
radiological, nuclear and explosives, and cyber threats;
(4) plans for integrating the capabilities and assets of
the United States military into all aspects of the Strategy;
(5) plans for improving the resources of, coordination
among, and effectiveness of health and medical sectors for
detecting and responding to terrorist attacks on the
homeland;
(6) specific measures to enhance cooperative efforts
between the public and private sectors in protecting against
terrorist attacks;
(7) a review of measures needed to enhance transportation
security with respect to potential terrorist attacks;
(8) plans for identifying, prioritizing, and meeting
research and development objectives to support homeland
security needs; and
(9) other critical areas.
(d) Cooperation.--At the request of the Secretary or
Director, departments and agencies shall provide necessary
information or planning documents relating to the Strategy.
(e) Interagency Council.--
(1) Establishment.--There is established the National
Combating Terrorism and Homeland Security Response Council to
assist with preparation and implementation of the Strategy.
(2) Membership.--The members of the Council shall be the
heads of the Federal terrorism prevention and response
agencies or their designees. The Secretary and Director shall
designate such agencies.
(3) Co-chairs and meetings.--The Secretary and Director
shall co-chair the Council, which shall meet at their
direction.
(f) Submission to Congress.--Not later than December 1,
2003, and each year thereafter in which a President is
inaugurated, the Secretary and the Director shall submit the
Strategy to Congress.
[[Page S8121]]
(g) Updating.--Not later than December 1, 2005, and on
December 1, of every 2 years thereafter, the Secretary and
the Director shall submit to Congress an updated version of
the Strategy.
(h) Progress Reports.--Not later than December 1, 2004, and
on December 1, of each year thereafter, the Secretary and the
Director may submit to Congress a report that--
(1) describes the progress on implementation of the
Strategy; and
(2) provides recommendations for improvement of the
Strategy and the implementation of the Strategy.
SEC. 302. MANAGEMENT GUIDANCE FOR STRATEGY IMPLEMENTATION.
(a) In General.--In consultation with the Director and the
Secretary, the Director of the Office of Management and
Budget shall provide management guidance for agencies to
successfully implement and execute the Strategy.
(b) Office of Management and Budget Report.--Not later than
180 days after the date of the submission of the Strategy
referred to under section 301, the Director of the Office of
Management and Budget shall--
(1) submit to Congress a report describing agency progress
under subsection (a); and
(2) provide a copy of the report to the Comptroller General
of the United States.
(c) General Accounting Office Report.--Not later than 90
days after the receipt of the report required under
subsection (b), the Comptroller General of the United States
shall submit a report to the Governmental Affairs Committee
of the Senate, the Government Reform Committee of the House
of Representatives, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of
Representatives, evaluating--
(1) the management guidance identified under subsection
(a); and
(2) Federal agency performance in implementing and
executing the Strategy.
SEC. 303. NATIONAL COMBATING TERRORISM STRATEGY PANEL.
(a) Establishment.--The Secretary and the Director shall
establish a nonpartisan, independent panel to be known as the
National Combating Terrorism Strategy Panel (in this section
referred to as the "Panel").
(b) Membership.--
(1) Appointment.--The Panel shall be composed of a
chairperson and 8 other individuals appointed by the
Secretary and the Director, in consultation with the chairman
and ranking member of the Committee on Governmental Affairs
of the Senate and the chairman and ranking member of the
Committee on Government Reform of the House of
Representatives, from among individuals in the private sector
who are recognized experts in matters relating to combating
terrorism and the homeland security of the United States.
(2) Terms.--
(A) In general.--An individual shall be appointed to the
Panel for an 18-month term.
(B) Term periods.--Terms on the Panel shall not be
continuous. All terms shall be for the 18-month period which
begins 12 months before each date a report is required to be
submitted under subsection (l)(2)(A).
(C) Multiple terms.--An individual may serve more than 1
term.
(c) Duties.--The Panel shall--
(1) conduct and submit to the Secretary the assessment of
the Strategy; and
(2) conduct the independent, alternative assessment of
homeland security measures required under this section.
(d) Alternative Assessment.--The Panel shall submit to the
Secretary an independent assessment of the optimal policies
and programs to combat terrorism, including homeland security
measures. As part of the assessment, the Panel shall, to the
extent practicable, estimate the funding required by fiscal
year to achieve these optimal approaches.
(e) Information From Federal Agencies.--
(1) In general.--Subject to paragraph (2), the Panel may
secure directly from any agency such information as the Panel
considers necessary to carry out this section. Upon request
of the Chairperson, the head of such department or agency
shall furnish such information to the Panel.
(2) Intelligence information.--The provision of information
under this paragraph related to intelligence shall be
provided in accordance with procedures established by the
Director of Central Intelligence and in accordance with
section 103(d)(3) of the National Security Act of 1947 (50
U.S.C. 403-3(d)(3)).
(f) Compensation of Members.--Each member of the Panel
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Panel.
(g) Travel Expenses.--The members of the Panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Panel.
(h) Staff.--
(1) In general.--The Chairperson of the Panel may, without
regard to the civil service laws and regulations, appoint and
terminate an executive director and such other additional
personnel as may be necessary to enable the Panel to perform
its duties. The employment of an executive director shall be
subject to confirmation by the Panel.
(2) Compensation.--The Chairperson of the Panel may fix the
compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the
rate of pay for the executive director and other personnel
may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
(3) Personnel as federal employees.--
(A) In general.--The executive director and any personnel
of the Panel who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(B) Members of panel.--Subparagraph (A) shall not be
construed to apply to members of the Panel.
(4) Reduction of staff.--During periods that members are
not serving terms on the Panel, the executive director shall
reduce the number and hours of employees to the minimum
necessary to--
(A) provide effective continuity of the Panel; and
(B) minimize personnel costs of the Panel.
(i) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Panel without reimbursement,
and such detail shall be without interruption or loss of
civil service status or privilege.
(j) Administrative Provisions.--
(1) Use of mail and printing.--The Panel may use the United
States mails and obtain printing and binding services in the
same manner and under the same conditions as other agencies.
(2) Support services.--The Secretary shall furnish the
Panel any administrative and support services requested by
the Panel.
(3) Gifts.--The Panel may accept, use, and dispose of gifts
or donations of services or property.
(k) Payment of Panel Expenses.--The compensation, travel
expenses, and per diem allowances of members and employees of
the Panel shall be paid out of funds available to the
Department for the payment of compensation, travel
allowances, and per diem allowances, respectively, of
civilian employees of the Department. The other expenses of
the Panel shall be paid out of funds available to the
Department for the payment of similar expenses incurred by
the Department.
(l) Reports.--
(1) Preliminary report.--
(A) Report to secretary.--Not later than July 1, 2004, the
Panel shall submit to the Secretary and the Director a
preliminary report setting forth the activities and the
findings and recommendations of the Panel under subsection
(d), including any recommendations for legislation that the
Panel considers appropriate.
(B) Report to congress.--Not later than 30 days after the
submission of the report under subparagraph (A), the
Secretary and the Director shall submit to the committees
referred to under subsection (b), and the Committees on
Appropriations of the Senate and the House of
Representatives, a copy of that report with the comments of
the Secretary on the report.
(2) Quadrennial reports.--
(A) Reports to secretary.--Not later than December 1, 2004,
and not later than December 1 every 4 years thereafter, the
Panel shall submit to the Secretary and the Director a report
setting forth the activities and the findings and
recommendations of the Panel under subsection (d), including
any recommendations for legislation that the Panel considers
appropriate.
(B) Reports to congress.--Not later than 60 days after each
report is submitted under subparagraph (A), the Secretary
shall submit to the committees referred to under subsection
(b), and the Committees on Appropriations of the Senate and
the House of Representatives, a copy of the report with the
comments of the Secretary and the Director on the report.
TITLE IV--LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS
SEC. 401. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS.
(a) In General.--Section 6 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by adding at the end the
following:
"(e)(1) In addition to the authority otherwise provided by
this Act, each Inspector General appointed under section 3,
any Assistant Inspector General for Investigations under such
an Inspector General, and any special agent supervised by
such an Assistant Inspector General may be authorized by the
Attorney General to--
"(A) carry a firearm while engaged in official duties as
authorized under this Act or other statute, or as expressly
authorized by the Attorney General;
"(B) make an arrest without a warrant while engaged in
official duties as authorized under this Act or other
statute, or as expressly authorized by the Attorney General,
for any offense against the United States committed in the
presence of such Inspector General, Assistant Inspector
General, or agent, or for any felony cognizable under the
laws of the United States if such Inspector General,
Assistant Inspector General, or agent has reasonable grounds
to believe that the person to be arrested has committed or is
committing such felony; and
[[Page S8122]]
"(C) seek and execute warrants for arrest, search of a
premises, or seizure of evidence issued under the authority
of the United States upon probable cause to believe that a
violation has been committed.
"(2) The Attorney General may authorize exercise of the
powers under this subsection only upon an initial
determination that--
"(A) the affected Office of Inspector General is
significantly hampered in the performance of responsibilities
established by this Act as a result of the lack of such
powers;
"(B) available assistance from other law enforcement
agencies is insufficient to meet the need for such powers;
and
"(C) adequate internal safeguards and management
procedures exist to ensure proper exercise of such powers.
"(3) The Inspector General offices of the Department of
Commerce, Department of Education, Department of Energy,
Department of Health and Human Services, Department of
Homeland Security, Department of Housing and Urban
Development, Department of the Interior, Department of
Justice, Department of Labor, Department of State, Department
of Transportation, Department of the Treasury, Department of
Veterans Affairs, Agency for International Development,
Environmental Protection Agency, Federal Deposit Insurance
Corporation, Federal Emergency Management Agency, General
Services Administration, National Aeronautics and Space
Administration, Nuclear Regulatory Commission, Office of
Personnel Management, Railroad Retirement Board, Small
Business Administration, Social Security Administration, and
the Tennessee Valley Authority are exempt from the
requirement of paragraph (2) of an initial determination of
eligibility by the Attorney General.
"(4) The Attorney General shall promulgate, and revise as
appropriate, guidelines which shall govern the exercise of
the law enforcement powers established under paragraph (1).
"(5) Powers authorized for an Office of Inspector General
under paragraph (1) shall be rescinded or suspended upon a
determination by the Attorney General that any of the
requirements under paragraph (2) is no longer satisfied or
that the exercise of authorized powers by that Office of
Inspector General has not complied with the guidelines
promulgated by the Attorney General under paragraph (4).
"(6) A determination by the Attorney General under
paragraph (2) or (5) shall not be reviewable in or by any
court.
"(7) To ensure the proper exercise of the law enforcement
powers authorized by this subsection, the Offices of
Inspector General described under paragraph (3) shall, not
later than 180 days after the date of enactment of this
subsection, collectively enter into a memorandum of
understanding to establish an external review process for
ensuring that adequate internal safeguards and management
procedures continue to exist within each Office and within
any Office that later receives an authorization under
paragraph (2). The review process shall be established in
consultation with the Attorney General, who shall be provided
with a copy of the memorandum of understanding that
establishes the review process. Under the review process, the
exercise of the law enforcement powers by each Office of
Inspector General shall be reviewed periodically by another
Office of Inspector General or by a committee of Inspectors
General. The results of each review shall be communicated in
writing to the applicable Inspector General and to the
Attorney General.
"(8) No provision of this subsection shall limit the
exercise of law enforcement powers established under any
other statutory authority, including United States Marshals
Service special deputation.".
(b) Promulgation of Initial Guidelines.--
(1) Definition.--In this subsection, the term "memoranda
of understanding" means the agreements between the
Department of Justice and the Inspector General offices
described under section 6(e)(3) of the Inspector General Act
of 1978 (5 U.S.C. App) (as added by subsection (a) of this
section) that--
(A) are in effect on the date of enactment of this Act; and
(B) authorize such offices to exercise authority that is
the same or similar to the authority under section 6(e)(1) of
such Act.
(2) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall promulgate
guidelines under section 6(e)(4) of the Inspector General Act
of 1978 (5 U.S.C. App) (as added by subsection (a) of this
section) applicable to the Inspector General offices
described under section 6(e)(3) of that Act.
(3) Minimum requirements.--The guidelines promulgated under
this subsection shall include, at a minimum, the operational
and training requirements in the memoranda of understanding.
(4) No lapse of authority.--The memoranda of understanding
in effect on the date of enactment of this Act shall remain
in effect until the guidelines promulgated under this
subsection take effect.
(c) Effective Dates.--
(1) In general.--Subsection (a) shall take effect 180 days
after the date of enactment of this Act.
(2) Initial guidelines.--Subsection (b) shall take effect
on the date of enactment of this Act.
TITLE V--FEDERAL EMERGENCY PROCUREMENT FLEXIBILITY
Subtitle A--Temporary Flexibility for Certain Procurements
SEC. 501. DEFINITION.
In this title, the term "executive agency" has the
meaning given that term under section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
SEC. 502. PROCUREMENTS FOR DEFENSE AGAINST OR RECOVERY FROM
TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR
RADIOLOGICAL ATTACK.
The authorities provided in this subtitle apply to any
procurement of property or services by or for an executive
agency that, as determined by the head of the executive
agency, are to be used to facilitate defense against or
recovery from terrorism or nuclear, biological, chemical, or
radiological attack, but only if a solicitation of offers for
the procurement is issued during the 1-year period beginning
on the date of the enactment of this Act.
SEC. 503. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR
PROCUREMENTS IN SUPPORT OF HUMANITARIAN OR
PEACEKEEPING OPERATIONS OR CONTINGENCY
OPERATIONS.
(a) Temporary Threshold Amounts.--For a procurement
referred to in section 502 that is carried out in support of
a humanitarian or peacekeeping operation or a contingency
operation, the simplified acquisition threshold definitions
shall be applied as if the amount determined under the
exception provided for such an operation in those definitions
were--
(1) in the case of a contract to be awarded and performed,
or purchase to be made, inside the United States, $250,000;
or
(2) in the case of a contract to be awarded and performed,
or purchase to be made, outside the United States, $500,000.
(b) Simplified Acquisition Threshold Definitions.--In this
section, the term "simplified acquisition threshold
definitions" means the following:
(1) Section 4(11) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(11)).
(2) Section 309(d) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 259(d)).
(3) Section 2302(7) of title 10, United States Code.
(c) Small Business Reserve.--For a procurement carried out
pursuant to subsection (a), section 15(j) of the Small
Business Act (15 U.S.C. 644(j)) shall be applied as if the
maximum anticipated value identified therein is equal to the
amounts referred to in subsection (a).
SEC. 504. INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN
PROCUREMENTS.
In the administration of section 32 of the Office of
Federal Procurement Policy Act (41 U.S.C. 428) with respect
to a procurement referred to in section 502, the amount
specified in subsections (c), (d), and (f) of such section 32
shall be deemed to be $10,000.
SEC. 505. APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES
TO CERTAIN PROCUREMENTS.
(a) Authority.--
(1) In general.--The head of an executive agency may apply
the provisions of law listed in paragraph (2) to a
procurement referred to in section 502 without regard to
whether the property or services are commercial items.
(2) Commercial item laws.--The provisions of law referred
to in paragraph (1) are as follows:
(A) Sections 31 and 34 of the Office of Federal Procurement
Policy Act (41 U.S.C. 427, 430).
(B) Section 2304(g) of title 10, United States Code.
(C) Section 303(g) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(g)).
(b) Inapplicability of Limitation on Use of Simplified
Acquisition Procedures.--
(1) In general.--The $5,000,000 limitation provided in
section 31(a)(2) of the Office of Federal Procurement Policy
Act (41 U.S.C. 427(a)(2)), section 2304(g)(1)(B) of title 10,
United States Code, and section 303(g)(1)(B) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253(g)(1)(B)) shall not apply to purchases of property or
services to which any of the provisions of law referred to in
subsection (a) are applied under the authority of this
section.
(2) OMB guidance.--The Director of the Office of Management
and Budget shall issue guidance and procedures for the use of
simplified acquisition procedures for a purchase of property
or services in excess of $5,000,000 under the authority of
this section.
(c) Continuation of Authority for Simplified Purchase
Procedures.--Authority under a provision of law referred to
in subsection (a)(2) that expires under section 4202(e) of
the Clinger-Cohen Act of 1996 (divisions D and E of Public
Law 104-106; 10 U.S.C. 2304 note) shall, notwithstanding such
section, continue to apply for use by the head of an
executive agency as provided in subsections (a) and (b).
SEC. 506. USE OF STREAMLINED PROCEDURES.
(a) Required Use.--The head of an executive agency shall,
when appropriate, use streamlined acquisition authorities and
procedures authorized by law for a procurement referred to in
section 502, including authorities and procedures that are
provided under the following provisions of law:
(1) Federal property and administrative services act of
1949.--In title III of the Federal Property and
Administrative Services Act of 1949:
[[Page S8123]]
(A) Paragraphs (1), (2), (6), and (7) of subsection (c) of
section 303 (41 U.S.C. 253), relating to use of procedures
other than competitive procedures under certain circumstances
(subject to subsection (e) of such section).
(B) Section 303J (41 U.S.C. 253j), relating to orders under
task and delivery order contracts.
(2) Title 10, united states code.--In chapter 137 of title
10, United States Code:
(A) Paragraphs (1), (2), (6), and (7) of subsection (c) of
section 2304, relating to use of procedures other than
competitive procedures under certain circumstances (subject
to subsection (e) of such section).
(B) Section 2304c, relating to orders under task and
delivery order contracts.
(3) Office of federal procurement policy act.--Paragraphs
(1)(B), (1)(D), and (2) of section 18(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 416(c)), relating
to inapplicability of a requirement for procurement notice.
(b) Waiver of Certain Small Business Threshold
Requirements.--Subclause (II) of section 8(a)(1)(D)(i) of the
Small Business Act (15 U.S.C. 637(a)(1)(D)(i)) and clause
(ii) of section 31(b)(2)(A) of such Act (15 U.S.C.
657a(b)(2)(A)) shall not apply in the use of streamlined
acquisition authorities and procedures referred to in
paragraphs (1)(A) and (2)(A) of subsection (a) for a
procurement referred to in section 502.
SEC. 507. REVIEW AND REPORT BY COMPTROLLER GENERAL.
(a) Requirements.--Not later than March 31, 2004, the
Comptroller General shall--
(1) complete a review of the extent to which procurements
of property and services have been made in accordance with
this subtitle; and
(2) submit a report on the results of the review to the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of
Representatives.
(b) Content of Report.--The report under subsection (a)(2)
shall include the following matters:
(1) Assessment.--The Comptroller General's assessment of--
(A) the extent to which property and services procured in
accordance with this title have contributed to the capacity
of the workforce of Federal Government employees within each
executive agency to carry out the mission of the executive
agency; and
(B) the extent to which Federal Government employees have
been trained on the use of technology.
(2) Recommendations.--Any recommendations of the
Comptroller General resulting from the assessment described
in paragraph (1).
(c) Consultation.--In preparing for the review under
subsection (a)(1), the Comptroller shall consult with the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of
Representatives on the specific issues and topics to be
reviewed. The extent of coverage needed in areas such as
technology integration, employee training, and human capital
management, as well as the data requirements of the study,
shall be included as part of the consultation.
Subtitle B--Other Matters
SEC. 511. IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL
MARKETPLACE.
The head of each executive agency shall conduct market
research on an ongoing basis to identify effectively the
capabilities, including the capabilities of small
businesses and new entrants into Federal contracting, that
are available in the marketplace for meeting the
requirements of the executive agency in furtherance of
defense against or recovery from terrorism or nuclear,
biological, chemical, or radiological attack. The head of
the executive agency shall, to the maximum extent
practicable, take advantage of commercially available
market research methods, including use of commercial
databases, to carry out the research.
TITLE VI--EFFECTIVE DATE
SEC. 601. EFFECTIVE DATE.
This division shall take effect 30 days after the date of
enactment of this Act or, if enacted within 30 days before
January 1, 2003, on January 1, 2003.
DIVISION B--IMMIGRATION REFORM, ACCOUNTABILITY, AND SECURITY
ENHANCEMENT ACT OF 2002
SEC. 1001. SHORT TITLE.
This division may be cited as the "Immigration Reform,
Accountability, and Security Enhancement Act of 2002".
SEC. 1002. DEFINITIONS.
In this division:
(1) Enforcement bureau.--The term "Enforcement Bureau"
means the Bureau of Enforcement and Border Affairs
established in section 114 of the Immigration and Nationality
Act, as added by section 1105 of this Act.
(2) Function.--The term "function" includes any duty,
obligation, power, authority, responsibility, right,
privilege, activity, or program.
(3) Immigration enforcement functions.--The term
"immigration enforcement functions" has the meaning given
the term in section 114(b)(2) of the Immigration and
Nationality Act, as added by section 1105 of this Act.
(4) Immigration laws of the united states.--The term
"immigration laws of the United States" has the meaning
given the term in section 111(e) of the Immigration and
Nationality Act, as added by section 1102 of this Act.
(5) Immigration policy, administration, and inspection
functions.--The term "immigration policy, administration,
and inspection functions" has the meaning given the term in
section 112(b)(3) of the Immigration and Nationality Act, as
added by section 1103 of this Act.
(6) Immigration service functions.--The term "immigration
service functions" has the meaning given the term in section
113(b)(2) of the Immigration and Nationality Act, as added by
section 1104 of this Act.
(7) Office.--The term "office" includes any office,
administration, agency, bureau, institute, council, unit,
organizational entity, or component thereof.
(8) Secretary.--The term "Secretary" means the Secretary
of Homeland Security.
(9) Service bureau.--The term "Service Bureau" means the
Bureau of Immigration Services established in section 113 of
the Immigration and Nationality Act, as added by section 1104
of this Act.
(10) Under secretary.--The term "Under Secretary" means
the Under Secretary of Homeland Security for Immigration
Affairs appointed under section 112 of the Immigration and
Nationality Act, as added by section 1103 of this Act.
TITLE XI--DIRECTORATE OF IMMIGRATION AFFAIRS
Subtitle A--Organization
SEC. 1101. ABOLITION OF INS.
(a) In General.--The Immigration and Naturalization Service
is abolished.
(b) Repeal.--Section 4 of the Act of February 14, 1903, as
amended (32 Stat. 826; relating to the establishment of the
Immigration and Naturalization Service), is repealed.
SEC. 1102. ESTABLISHMENT OF DIRECTORATE OF IMMIGRATION
AFFAIRS.
(a) Establishment.--Title I of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) by inserting "CHAPTER 1--DEFINITIONS AND GENERAL
AUTHORITIES" after "TITLE I--GENERAL"; and
(2) by adding at the end the following:
"CHAPTER 2--DIRECTORATE OF IMMIGRATION AFFAIRS
"SEC. 111. ESTABLISHMENT OF DIRECTORATE OF IMMIGRATION
AFFAIRS.
"(a) Establishment.--There is established within the
Department of Homeland Security the Directorate of
Immigration Affairs.
"(b) Principal Officers.--The principal officers of the
Directorate are the following:
"(1) The Under Secretary of Homeland Security for
Immigration Affairs appointed under section 112.
"(2) The Assistant Secretary of Homeland Security for
Immigration Services appointed under section 113.
"(3) The Assistant Secretary of Homeland Security for
Enforcement and Border Affairs appointed under section 114.
"(c) Functions.--Under the authority of the Secretary of
Homeland Security, the Directorate shall perform the
following functions:
"(1) Immigration policy, administration, and inspection
functions, as defined in section 112(b).
"(2) Immigration service and adjudication functions, as
defined in section 113(b).
"(3) Immigration enforcement functions, as defined in
section 114(b).
"(d) Authorization of Appropriations.--
"(1) In general.--There are authorized to be appropriated
to the Department of Homeland Security such sums as may be
necessary to carry out the functions of the Directorate.
"(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
"(e) Immigration Laws of the United States Defined.--In
this chapter, the term `immigration laws of the United
States' means the following:
"(1) This Act.
"(2) Such other statutes, Executive orders, regulations,
or directives, treaties, or other international agreements to
which the United States is a party, insofar as they relate to
the admission to, detention in, or removal from the United
States of aliens, insofar as they relate to the
naturalization of aliens, or insofar as they otherwise relate
to the status of aliens.".
(b) Conforming Amendments.--(1) The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(A) by striking section 101(a)(34) (8 U.S.C. 1101(a)(34))
and inserting the following:
"(34) The term `Directorate' means the Directorate of
Immigration Affairs established by section 111.";
(B) by adding at the end of section 101(a) the following
new paragraphs:
"(51) The term `Secretary' means the Secretary of Homeland
Security.
"(52) The term `Department' means the Department of
Homeland Security.";
(C) by striking "Attorney General" and "Department of
Justice" each place it appears and inserting "Secretary"
and "Department", respectively;
(D) in section 101(a)(17) (8 U.S.C. 1101(a)(17)), by
striking "The" and inserting "Except as otherwise provided
in section 111(e), the; and
(E) by striking "Immigration and Naturalization Service",
"Service", and "Service's" each place they appear and
inserting "Directorate of Immigration Affairs",
"Directorate", and "Directorate's", respectively.
[[Page S8124]]
(2) Section 6 of the Act entitled "An Act to authorize
certain administrative expenses for the Department of
Justice, and for other purposes", approved July 28, 1950 (64
Stat. 380), is amended--
(A) by striking "Immigration and Naturalization Service"
and inserting "Directorate of Immigration Affairs";
(B) by striking clause (a); and
(C) by redesignating clauses (b), (c), (d), and (e) as
clauses (a), (b), (c), and (d), respectively.
(c) References.--Any reference in any statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding to
the Immigration and Naturalization Service shall be deemed to
refer to the Directorate of Immigration Affairs of the
Department of Homeland Security, and any reference in the
immigration laws of the United States (as defined in section
111(e) of the Immigration and Nationality Act, as added by
this section) to the Attorney General shall be deemed to
refer to the Secretary of Homeland Security, acting through
the Under Secretary of Homeland Security for Immigration
Affairs.
SEC. 1103. UNDER SECRETARY OF HOMELAND SECURITY FOR
IMMIGRATION AFFAIRS.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 of this Act, is
amended by adding at the end the following:
"SEC. 112. UNDER SECRETARY OF HOMELAND SECURITY FOR
IMMIGRATION AFFAIRS.
"(a) Under Secretary of Immigration Affairs.--The
Directorate shall be headed by an Under Secretary of Homeland
Security for Immigration Affairs who shall be appointed in
accordance with section 103(c) of the Immigration and
Nationality Act.
"(b) Responsibilities of the Under Secretary.--
"(1) In general.--The Under Secretary shall be charged
with any and all responsibilities and authority in the
administration of the Directorate and of this Act which are
conferred upon the Secretary as may be delegated to the Under
Secretary by the Secretary or which may be prescribed by the
Secretary.
"(2) Duties.--Subject to the authority of the Secretary
under paragraph (1), the Under Secretary shall have the
following duties:
"(A) Immigration policy.--The Under Secretary shall
develop and implement policy under the immigration laws of
the United States. The Under Secretary shall propose,
promulgate, and issue rules, regulations, and statements of
policy with respect to any function within the jurisdiction
of the Directorate.
"(B) Administration.--The Under Secretary shall have
responsibility for--
"(i) the administration and enforcement of the functions
conferred upon the Directorate under section 1111(c) of this
Act; and
"(ii) the administration of the Directorate, including the
direction, supervision, and coordination of the Bureau of
Immigration Services and the Bureau of Enforcement and Border
Affairs.
"(C) Inspections.--The Under Secretary shall be directly
responsible for the administration and enforcement of the
functions of the Directorate under the immigration laws of
the United States with respect to the inspection of aliens
arriving at ports of entry of the United States.
"(3) Activities.--As part of the duties described in
paragraph (2), the Under Secretary shall do the following:
"(A) Resources and personnel management.--The Under
Secretary shall manage the resources, personnel, and other
support requirements of the Directorate.
"(B) Information resources management.--Under the
direction of the Secretary, the Under Secretary shall manage
the information resources of the Directorate, including the
maintenance of records and databases and the coordination of
records and other information within the Directorate, and
shall ensure that the Directorate obtains and maintains
adequate information technology systems to carry out its
functions.
"(C) Coordination of response to civil rights
violations.--The Under Secretary shall coordinate, with the
Civil Rights Officer of the Department of Homeland Security
or other officials, as appropriate, the resolution of
immigration issues that involve civil rights violations.
"(D) Risk analysis and risk management.--Assisting and
supporting the Secretary, in coordination with other
Directorates and entities outside the Department, in
conducting appropriate risk analysis and risk management
activities consistent with the mission and functions of the
Directorate.
"(3) Definition.--In this chapter, the term "immigration
policy, administration, and inspection functions" means the
duties, activities, and powers described in this subsection.
"(c) General Counsel.--
"(1) In general.--There shall be within the Directorate a
General Counsel, who shall be appointed by the Secretary of
Homeland Security, in consultation with the Under Secretary.
"(2) Function.--The General Counsel shall--
"(A) serve as the chief legal officer for the Directorate;
and
"(B) be responsible for providing specialized legal
advice, opinions, determinations, regulations, and any other
assistance to the Under Secretary with respect to legal
matters affecting the Directorate, and any of its components.
"(d) Financial Officers for the Directorate of Immigration
Affairs.--
"(1) Chief financial officer.--
"(A) In general.--There shall be within the Directorate a
Chief Financial Officer. The position of Chief Financial
Officer shall be a career reserved position in the Senior
Executive Service and shall have the authorities and
functions described in section 902 of title 31, United States
Code, in relation to financial activities of the Directorate.
For purposes of section 902(a)(1) of such title, the Under
Secretary shall be deemed to be an agency head.
"(B) Functions.--The Chief Financial Officer shall be
responsible for directing, supervising, and coordinating all
budget formulas and execution for the Directorate.
"(2) Deputy chief financial officer.--The Directorate
shall be deemed to be an agency for purposes of section 903
of such title (relating to Deputy Chief Financial Officers).
"(e) Chief of Policy.--
"(1) In general.--There shall be within the Directorate a
Chief of Policy. Under the authority of the Under Secretary,
the Chief of Policy shall be responsible for--
"(A) establishing national immigration policy and
priorities;
"(B) performing policy research and analysis on issues
arising under the immigration laws of the United States; and
"(C) coordinating immigration policy between the
Directorate, the Service Bureau, and the Enforcement Bureau.
"(2) Within the senior executive service.--The position of
Chief of Policy shall be a Senior Executive Service position
under section 5382 of title 5, United States Code.
"(f) Chief of Congressional, Intergovernmental, and Public
Affairs.--
"(1) In general.--There shall be within the Directorate a
Chief of Congressional, Intergovernmental, and Public
Affairs. Under the authority of the Under Secretary, the
Chief of Congressional, Intergovernmental, and Public Affairs
shall be responsible for--
"(A) providing to Congress information relating to issues
arising under the immigration laws of the United States,
including information on specific cases;
"(B) serving as a liaison with other Federal agencies on
immigration issues; and
"(C) responding to inquiries from, and providing
information to, the media on immigration issues.
"(2) Within the senior executive service.--The position of
Chief of Congressional, Intergovernmental, and Public Affairs
shall be a Senior Executive Service position under section
5382 of title 5, United States Code.".
(b) Compensation of the Under Secretary.--Section 5314 of
title 5, United States Code, is amended by adding at the end
the following:
"Under Secretary of Immigration Affairs, Department of
Justice.".
(c) Compensation of General Counsel and Chief Financial
Officer.--Section 5316 of title 5, United States Code, is
amended by adding at the end the following:
"General Counsel, Directorate of Immigration Affairs,
Department of Homeland Security.
"Chief Financial Officer, Directorate of Immigration
Affairs, Department of Homeland Security.".
(d) Repeals.--The following provisions of law are repealed:
(1) Section 7 of the Act of March 3, 1891, as amended (26
Stat. 1085; relating to the establishment of the office of
the Commissioner of Immigration and Naturalization).
(2) Section 201 of the Act of June 20, 1956 (70 Stat. 307;
relating to the compensation of assistant commissioners and
district directors).
(3) Section 1 of the Act of March 2, 1895 (28 Stat. 780;
relating to special immigrant inspectors).
(e) Conforming Amendments.--(1)(A) Section 101(a)(8) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(8)) is
amended to read as follows:
"(8) The term `Under Secretary' means the Under Secretary
of Homeland Security for Immigration Affairs who is appointed
under section 103(c).".
(B) Except as provided in subparagraph (C), the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by
striking "Commissioner of Immigration and Naturalization"
and "Commissioner" each place they appear and inserting
"Under Secretary of Homeland Security for Immigration
Affairs" and "Under Secretary", respectively.
(C) The amendments made by subparagraph (B) do not apply to
references to the "Commissioner of Social Security" in
section 290(c) of the Immigration and Nationality Act (8
U.S.C. 1360(c)).
(2) Section 103 of the Immigration and Nationality Act (8
U.S.C. 1103) is amended--
(A) in subsection (c), by striking "Commissioner" and
inserting "Under Secretary";
(B) in the section heading, by striking "Commissioner"
and inserting "Under Secretary";
(C) in subsection (d), by striking "Commissioner" and
inserting "Under Secretary"; and
(D) in subsection (e), by striking "Commissioner" and
inserting "Under Secretary".
(3) Sections 104 and 105 of the Immigration and Nationality
Act (8 U.S.C. 1104, 1105) are amended by striking
"Director" each place it appears and inserting "Assistant
Secretary of State for Consular Affairs".
(4) Section 104(c) of the Immigration and Nationality Act
(8 U.S.C. 1104(c)) is amended--
(A) in the first sentence, by striking "Passport Office, a
Visa Office," and inserting "a
[[Page S8125]]
Passport Services office, a Visa Services office, an Overseas
Citizen Services office,"; and
(B) in the second sentence, by striking "the Passport
Office and the Visa Office" and inserting "the Passport
Services office and the Visa Services office".
(5) Section 5315 of title 5, United States Code, is amended
by striking the following:
"Commissioner of Immigration and Naturalization,
Department of Justice.".
(f) References.--Any reference in any statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding to
the Commissioner of Immigration and Naturalization shall be
deemed to refer to the Under Secretary of Homeland Security
for Immigration Affairs.
SEC. 1104. BUREAU OF IMMIGRATION SERVICES.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
section 1103, is further amended by adding at the end the
following:
"SEC. 113. BUREAU OF IMMIGRATION SERVICES.
"(a) Establishment of Bureau.--
"(1) In general.--There is established within the
Directorate a bureau to be known as the Bureau of Immigration
Services (in this chapter referred to as the `Service
Bureau').
"(2) Assistant secretary.--The head of the Service Bureau
shall be the Assistant Secretary of Homeland Security for
Immigration Services (in this chapter referred to as the
`Assistant Secretary for Immigration Services'), who--
"(A) shall be appointed by the Secretary of Homeland
Security, in consultation with the Under Secretary; and
"(B) shall report directly to the Under Secretary.
"(b) Responsibilities of the Assistant Secretary.--
"(1) In general.--Subject to the authority of the
Secretary and the Under Secretary, the Assistant Secretary
for Immigration Services shall administer the immigration
service functions of the Directorate.
"(2) Immigration service functions defined.--In this
chapter, the term `immigration service functions' means the
following functions under the immigration laws of the United
States:
"(A) Adjudications of petitions for classification of
nonimmigrant and immigrant status.
"(B) Adjudications of applications for adjustment of
status and change of status.
"(C) Adjudications of naturalization applications.
"(D) Adjudications of asylum and refugee applications.
"(E) Adjudications performed at Service centers.
"(F) Determinations concerning custody and parole of
asylum seekers who do not have prior nonpolitical criminal
records and who have been found to have a credible fear of
persecution, including determinations under section 236B.
"(G) All other adjudications under the immigration laws of
the United States.
"(c) Chief Budget Officer of the Service Bureau.--There
shall be within the Service Bureau a Chief Budget Officer.
Under the authority of the Chief Financial Officer of the
Directorate, the Chief Budget Officer of the Service Bureau
shall be responsible for monitoring and supervising all
financial activities of the Service Bureau.
"(d) Quality Assurance.--There shall be within the Service
Bureau an Office of Quality Assurance that shall develop
procedures and conduct audits to--
"(1) ensure that the Directorate's policies with respect
to the immigration service functions of the Directorate are
properly implemented; and
"(2) ensure that Service Bureau policies or practices
result in sound records management and efficient and accurate
service.
"(e) Office of Professional Responsibility.--There shall
be within the Service Bureau an Office of Professional
Responsibility that shall have the responsibility for
ensuring the professionalism of the Service Bureau and for
receiving and investigating charges of misconduct or ill
treatment made by the public.
"(f) Training of Personnel.--The Assistant Secretary for
Immigration Services, in consultation with the Under
Secretary, shall have responsibility for determining the
training for all personnel of the Service Bureau.".
(b) Compensation of Assistant Secretary of Service
Bureau.--Section 5315 of title 5, United States Code, is
amended by adding at the end the following:
"Assistant Secretary of Homeland Security for Immigration
Services, Directorate of Immigration Affairs, Department of
Homeland Security.".
(c) Service Bureau Offices.--
(1) In general.--Under the direction of the Secretary, the
Under Secretary, acting through the Assistant Secretary for
Immigration Services, shall establish Service Bureau offices,
including suboffices and satellite offices, in appropriate
municipalities and locations in the United States. In the
selection of sites for the Service Bureau offices, the Under
Secretary shall consider the location's proximity and
accessibility to the community served, the workload for which
that office shall be responsible, whether the location would
significantly reduce the backlog of cases in that given
geographic area, whether the location will improve customer
service, and whether the location is in a geographic area
with an increase in the population to be served. The Under
Secretary shall conduct periodic reviews to assess whether
the location and size of the respective Service Bureau
offices adequately serve customer service needs.
(2) Transition provision.--In determining the location of
Service Bureau offices, including suboffices and satellite
offices, the Under Secretary shall first consider maintaining
and upgrading offices in existing geographic locations that
satisfy the provisions of paragraph (1). The Under
Secretary shall also explore the feasibility and
desirability of establishing new Service Bureau offices,
including suboffices and satellite offices, in new
geographic locations where there is a demonstrated need.
SEC. 1105. BUREAU OF ENFORCEMENT AND BORDER AFFAIRS.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
sections 1103 and 1104, is further amended by adding at the
end the following:
"SEC. 114. BUREAU OF ENFORCEMENT AND BORDER AFFAIRS.
"(a) Establishment of Bureau.--
"(1) In general.--There is established within the
Directorate a bureau to be known as the Bureau of Enforcement
and Border Affairs (in this chapter referred to as the
`Enforcement Bureau').
"(2) Assistant secretary.--The head of the Enforcement
Bureau shall be the Assistant Secretary of Homeland Security
for Enforcement and Border Affairs (in this chapter referred
to as the `Assistant Secretary for Immigration Enforcement'),
who--
"(A) shall be appointed by the Secretary of Homeland
Security, in consultation with the Under Secretary; and
"(B) shall report directly to the Under Secretary.
"(b) Responsibilities of the Assistant Secretary.--
"(1) In general.--Subject to the authority of the
Secretary and the Under Secretary, the Assistant Secretary
for Immigration Enforcement shall administer the immigration
enforcement functions of the Directorate.
"(2) Immigration enforcement functions defined.--In this
chapter, the term `immigration enforcement functions' means
the following functions under the immigration laws of the
United States:
"(A) The border patrol function.
"(B) The detention function, except as specified in
section 113(b)(2)(F).
"(C) The removal function.
"(D) The intelligence function.
"(E) The investigations function.
"(c) Chief Budget Officer of the Enforcement Bureau.--
There shall be within the Enforcement Bureau a Chief Budget
Officer. Under the authority of the Chief Financial Officer
of the Directorate, the Chief Budget Officer of the
Enforcement Bureau shall be responsible for monitoring and
supervising all financial activities of the Enforcement
Bureau.
"(d) Office of Professional Responsibility.--There shall
be within the Enforcement Bureau an Office of Professional
Responsibility that shall have the responsibility for
ensuring the professionalism of the Enforcement Bureau and
receiving charges of misconduct or ill treatment made by the
public and investigating the charges.
"(e) Office of Quality Assurance.--There shall be within
the Enforcement Bureau an Office of Quality Assurance that
shall develop procedures and conduct audits to--
"(1) ensure that the Directorate's policies with respect
to immigration enforcement functions are properly
implemented; and
"(2) ensure that Enforcement Bureau policies or practices
result in sound record management and efficient and accurate
recordkeeping.
"(f) Training of Personnel.--The Assistant Secretary for
Immigration Enforcement, in consultation with the Under
Secretary, shall have responsibility for determining the
training for all personnel of the Enforcement Bureau.".
(b) Compensation of Assistant Secretary of Enforcement
Bureau.--Section 5315 of title 5, United States Code, is
amended by adding at the end the following:
"Assistant Security of Homeland Security for Enforcement
and Border Affairs, Directorate of Immigration Affairs,
Department of Homeland Security.".
(c) Enforcement Bureau Offices.--
(1) In general.--Under the direction of the Secretary, the
Under Secretary, acting through the Assistant Secretary for
Immigration Enforcement, shall establish Enforcement Bureau
offices, including suboffices and satellite offices, in
appropriate municipalities and locations in the United
States. In the selection of sites for the Enforcement Bureau
offices, the Under Secretary shall make selections according
to trends in unlawful entry and unlawful presence, alien
smuggling, national security concerns, the number of Federal
prosecutions of immigration-related offenses in a given
geographic area, and other enforcement considerations. The
Under Secretary shall conduct periodic reviews to assess
whether the location and size of the respective Enforcement
Bureau offices adequately serve enforcement needs.
(2) Transition provision.--In determining the location of
Enforcement Bureau offices, including suboffices and
satellite offices, the Under Secretary shall first consider
maintaining and upgrading offices in existing geographic
locations that satisfy the provisions of paragraph (1). The
Under Secretary shall
[[Page S8126]]
also explore the feasibility and desirability of establishing
new Enforcement Bureau offices, including suboffices and
satellite offices, in new geographic locations where there is
a demonstrated need.
SEC. 1106. OFFICE OF THE OMBUDSMAN WITHIN THE DIRECTORATE.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
sections 1103, 1104, and 1105, is further amended by adding
at the end the following:
"SEC. 115. OFFICE OF THE OMBUDSMAN FOR IMMIGRATION AFFAIRS.
"(a) In General.--There is established within the
Directorate the Office of the Ombudsman for Immigration
Affairs, which shall be headed by the Ombudsman.
"(b) Ombudsman.--
"(1) Appointment.--The Ombudsman shall be appointed by the
Secretary of Homeland Security, in consultation with the
Under Secretary. The Ombudsman shall report directly to the
Under Secretary.
"(2) Compensation.--The Ombudsman shall be entitled to
compensation at the same rate as the highest rate of basic
pay established for the Senior Executive Service under
section 5382 of title 5, United States Code, or, if the
Secretary of Homeland Security so determines, at a rate fixed
under section 9503 of such title.
"(c) Functions of Office.--The functions of the Office of
the Ombudsman for Immigration Affairs shall include--
"(1) to assist individuals in resolving problems with the
Directorate or any component thereof;
"(2) to identify systemic problems encountered by the
public in dealings with the Directorate or any component
thereof;
"(3) to propose changes in the administrative practices or
regulations of the Directorate, or any component thereof, to
mitigate problems identified under paragraph (2);
"(4) to identify potential changes in statutory law that
may be required to mitigate such problems; and
"(5) to monitor the coverage and geographic distribution
of local offices of the Directorate.
"(d) Personnel Actions.--The Ombudsman shall have the
responsibility and authority to appoint local or regional
representatives of the Ombudsman's Office as in the
Ombudsman's judgment may be necessary to address and rectify
problems.
"(e) Annual Report.--Not later than December 31 of each
year, the Ombudsman shall submit a report to the Committee on
the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate on the activities of
the Ombudsman during the fiscal year ending in that calendar
year. Each report shall contain a full and substantive
analysis, in addition to statistical information, and shall
contain--
"(1) a description of the initiatives that the Office of
the Ombudsman has taken on improving the responsiveness of
the Directorate;
"(2) a summary of serious or systemic problems encountered
by the public, including a description of the nature of such
problems;
"(3) an accounting of the items described in paragraphs
(1) and (2) for which action has been taken, and the result
of such action;
"(4) an accounting of the items described in paragraphs
(1) and (2) for which action remains to be completed;
"(5) an accounting of the items described in paragraphs
(1) and (2) for which no action has been taken, the reasons
for the inaction, and identify any Agency official who is
responsible for such inaction;
"(6) recommendations as may be appropriate to resolve
problems encountered by the public;
"(7) recommendations as may be appropriate to resolve
problems encountered by the public, including problems
created by backlogs in the adjudication and processing of
petitions and applications;
"(8) recommendations to resolve problems caused by
inadequate funding or staffing; and
"(9) such other information as the Ombudsman may deem
advisable.
"(f) Authorization of Appropriations.--
"(1) In general.--There are authorized to be appropriated
to the Office of the Ombudsman such sums as may be necessary
to carry out its functions.
"(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.".
SEC. 1107. OFFICE OF IMMIGRATION STATISTICS WITHIN THE
DIRECTORATE.
(a) In General.--Chapter 2 of title I of the Immigration
and Nationality Act, as added by section 1102 and amended by
sections 1103, 1104, and 1105, is further amended by adding
at the end the following:
"SEC. 116. OFFICE OF IMMIGRATION STATISTICS.
"(a) Establishment.--There is established within the
Directorate an Office of Immigration Statistics (in this
section referred to as the `Office'), which shall be headed
by a Director who shall be appointed by the Secretary of
Homeland Security, in consultation with the Under Secretary.
The Office shall collect, maintain, compile, analyze,
publish, and disseminate information and statistics about
immigration in the United States, including information and
statistics involving the functions of the Directorate and the
Executive Office for Immigration Review (or its successor
entity).
"(b) Responsibilities of Director.--The Director of the
Office shall be responsible for the following:
"(1) Statistical information.--Maintenance of all
immigration statistical information of the Directorate of
Immigration Affairs.
"(2) Standards of reliability and validity.--Establishment
of standards of reliability and validity for immigration
statistics collected by the Bureau of Immigration Services,
the Bureau of Enforcement, and the Executive Office for
Immigration Review (or its successor entity).
"(c) Relation to the Directorate of Immigration Affairs
and the Executive Office for Immigration Review.--
"(1) Other authorities.--The Directorate and the Executive
Office for Immigration Review (or its successor entity) shall
provide statistical information to the Office from the
operational data systems controlled by the Directorate and
the Executive Office for Immigration Review (or its successor
entity), respectively, as requested by the Office, for the
purpose of meeting the responsibilities of the Director of
the Office.
"(2) Databases.--The Director of the Office, under the
direction of the Secretary, shall ensure the interoperability
of the databases of the Directorate, the Bureau of
Immigration Services, the Bureau of Enforcement, and the
Executive Office for Immigration Review (or its successor
entity) to permit the Director of the Office to perform
the duties of such office.".
(b) Transfer of Functions.--There are transferred to the
Directorate of Immigration Affairs for exercise by the Under
Secretary through the Office of Immigration Statistics
established by section 116 of the Immigration and Nationality
Act, as added by subsection (a), the functions performed by
the Statistics Branch of the Office of Policy and Planning of
the Immigration and Naturalization Service, and the
statistical functions performed by the Executive Office for
Immigration Review (or its successor entity), on the day
before the effective date of this title.
SEC. 1108. CLERICAL AMENDMENTS.
The table of contents of the Immigration and Nationality
Act is amended--
(1) by inserting after the item relating to the heading for
title I the following:
"Chapter 1--Definitions and General Authorities";
(2) by striking the item relating to section 103 and
inserting the following:
"Sec. 103. Powers and duties of the Secretary of Homeland Security and
the Under Secretary of Homeland Security for Immigration
Affairs.";
and
(3) by inserting after the item relating to section 106 the
following:
"Chapter 2--Directorate of Immigration Affairs
"Sec. 111. Establishment of Directorate of Immigration Affairs.
"Sec. 112. Under Secretary of Homeland Security for Immigration
Affairs.
"Sec. 113. Bureau of Immigration Services.
"Sec. 114. Bureau of Enforcement and Border Affairs.
"Sec. 115. Office of the Ombudsman for Immigration Affairs.
"Sec. 116. Office of Immigration Statistics.".
Subtitle B--Transition Provisions
SEC. 1111. TRANSFER OF FUNCTIONS.
(a) In General.--
(1) Functions of the attorney general.--All functions under
the immigration laws of the United States vested by statute
in, or exercised by, the Attorney General, immediately prior
to the effective date of this title, are transferred to the
Secretary on such effective date for exercise by the
Secretary through the Under Secretary in accordance with
section 112(b) of the Immigration and Nationality Act, as
added by section 1103 of this Act.
(2) Functions of the commissioner or the ins.--All
functions under the immigration laws of the United States
vested by statute in, or exercised by, the Commissioner of
Immigration and Naturalization or the Immigration and
Naturalization Service (or any officer, employee, or
component thereof), immediately prior to the effective date
of this title, are transferred to the Directorate of
Immigration Affairs on such effective date for exercise by
the Under Secretary in accordance with section 112(b) of the
Immigration and Nationality Act, as added by section 1103 of
this Act.
(b) Exercise of Authorities.--Except as otherwise provided
by law, the Under Secretary may, for purposes of performing
any function transferred to the Directorate of Immigration
Affairs under subsection (a), exercise all authorities under
any other provision of law that were available with respect
to the performance of that function to the official
responsible for the performance of the function immediately
before the effective date of the transfer of the function
under this title.
SEC. 1112. TRANSFER OF PERSONNEL AND OTHER RESOURCES.
Subject to section 1531 of title 31, United States Code,
upon the effective date of this title, there are transferred
to the Under Secretary for appropriate allocation in
accordance with section 1115--
(1) the personnel of the Department of Justice employed in
connection with the functions transferred under this title;
and
(2) the assets, liabilities, contracts, property, records,
and unexpended balance of appropriations, authorizations,
allocations,
[[Page S8127]]
and other funds employed, held, used, arising from, available
to, or to be made available to the Immigration and
Naturalization Service in connection with the functions
transferred pursuant to this title.
SEC. 1113. DETERMINATIONS WITH RESPECT TO FUNCTIONS AND
RESOURCES.
Under the direction of the Secretary, the Under Secretary
shall determine, in accordance with the corresponding
criteria set forth in sections 1112(b), 1113(b), and 1114(b)
of the Immigration and Nationality Act (as added by this
title)--
(1) which of the functions transferred under section 1111
are--
(A) immigration policy, administration, and inspection
functions;
(B) immigration service functions; and
(C) immigration enforcement functions; and
(2) which of the personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds
transferred under section 1112 were held or used, arose from,
were available to, or were made available, in connection with
the performance of the respective functions specified in
paragraph (1) immediately prior to the effective date of this
title.
SEC. 1114. DELEGATION AND RESERVATION OF FUNCTIONS.
(a) In General.--
(1) Delegation to the bureaus.--Under the direction of the
Secretary, and subject to section 112(b)(1) of the
Immigration and Nationality Act (as added by section 1103),
the Under Secretary shall delegate--
(A) immigration service functions to the Assistant
Secretary for Immigration Services; and
(B) immigration enforcement functions to the Assistant
Secretary for Immigration Enforcement.
(2) Reservation of functions.--Subject to section 112(b)(1)
of the Immigration and Nationality Act (as added by section
1103), immigration policy, administration, and inspection
functions shall be reserved for exercise by the Under
Secretary.
(b) Nonexclusive Delegations Authorized.--Delegations made
under subsection (a) may be on a nonexclusive basis as the
Under Secretary may determine may be necessary to ensure the
faithful execution of the Under Secretary's
responsibilities and duties under law.
(c) Effect of Delegations.--Except as otherwise expressly
prohibited by law or otherwise provided in this title, the
Under Secretary may make delegations under this subsection to
such officers and employees of the office of the Under
Secretary, the Service Bureau, and the Enforcement Bureau,
respectively, as the Under Secretary may designate, and may
authorize successive redelegations of such functions as may
be necessary or appropriate. No delegation of functions under
this subsection or under any other provision of this title
shall relieve the official to whom a function is transferred
under this title of responsibility for the administration of
the function.
(d) Statutory Construction.--Nothing in this division may
be construed to limit the authority of the Under Secretary,
acting directly or by delegation under the Secretary, to
establish such offices or positions within the Directorate of
Immigration Affairs, in addition to those specified by this
division, as the Under Secretary may determine to be
necessary to carry out the functions of the Directorate.
SEC. 1115. ALLOCATION OF PERSONNEL AND OTHER RESOURCES.
(a) Authority of the Under Secretary.--
(1) In general.--Subject to paragraph (2) and section
1114(b), the Under Secretary shall make allocations of
personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used,
arising from, available to, or to be made available in
connection with the performance of the respective functions,
as determined under section 1113, in accordance with the
delegation of functions and the reservation of functions made
under section 1114.
(2) Limitation.--Unexpended funds transferred pursuant to
section 1112 shall be used only for the purposes for which
the funds were originally authorized and appropriated.
(b) Authority to Terminate Affairs of INS.--The Attorney
General in consultation with the Secretary, shall provide for
the termination of the affairs of the Immigration and
Naturalization Service and such further measures and
dispositions as may be necessary to effectuate the purposes
of this division.
(c) Treatment of Shared Resources.--The Under Secretary is
authorized to provide for an appropriate allocation, or
coordination, or both, of resources involved in supporting
shared support functions for the office of the Under
Secretary, the Service Bureau, and the Enforcement Bureau.
The Under Secretary shall maintain oversight and control over
the shared computer databases and systems and records
management.
SEC. 1116. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, recognition
of labor organizations, agreements, including collective
bargaining agreements, certificates, licenses, and
privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Attorney General, the
Commissioner of the Immigration and Naturalization Service,
their delegates, or any other Government official, or by a
court of competent jurisdiction, in the performance of any
function that is transferred under this title; and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to
their terms as in effect on such effective date);
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other authorized
official, a court of competent jurisdiction, or operation of
law, except that any collective bargaining agreement shall
remain in effect until the date of termination specified in
the agreement.
(b) Proceedings.--
(1) Pending.--Sections 111 through 116 of the Immigration
and Nationality Act, as added by subtitle A of this title,
shall not affect any proceeding or any application for any
benefit, service, license, permit, certificate, or financial
assistance pending on the effective date of this title before
an office whose functions are transferred under this title,
but such proceedings and applications shall be continued.
(2) Orders.--Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be made
pursuant to such orders, as if this Act had not been enacted,
and orders issued in any such proceeding shall continue in
effect until modified, terminated, superseded, or revoked by
a duly authorized official, by a court of competent
jurisdiction, or by operation of law.
(3) Discontinuance or modification.--Nothing in this
section shall be considered to prohibit the discontinuance or
modification of any such proceeding under the same terms and
conditions and to the same extent that such proceeding could
have been discontinued or modified if this section had not
been enacted.
(c) Suits.--This title, and the amendments made by this
title, shall not affect suits commenced before the effective
date of this title, and in all such suits, proceeding shall
be had, appeals taken, and judgments rendered in the same
manner and with the same effect as if this title, and the
amendments made by this title, had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other
proceeding commenced by or against the Department of Justice
or the Immigration and Naturalization Service, or by or
against any individual in the official capacity of such
individual as an officer or employee in connection with a
function transferred pursuant to this section, shall abate by
reason of the enactment of this Act.
(e) Continuance of Suit With Substitution of Parties.--If
any Government officer in the official capacity of such
officer is party to a suit with respect to a function of the
officer, and such function is transferred under this title to
any other officer or office, then such suit shall be
continued with the other officer or the head of such other
office, as applicable, substituted or added as a party.
(f) Administrative Procedure and Judicial Review.--Except
as otherwise provided by this title, any statutory
requirements relating to notice, hearings, action upon the
record, or administrative or judicial review that apply to
any function transferred under this title shall apply to the
exercise of such function by the head of the office, and
other officers of the office, to which such function is
transferred.
SEC. 1117. INTERIM SERVICE OF THE COMMISSIONER OF IMMIGRATION
AND NATURALIZATION.
The individual serving as the Commissioner of Immigration
and Naturalization on the day before the effective date of
this title may serve as Under Secretary until the date on
which an Under Secretary is appointed under section 112 of
the Immigration and Nationality Act, as added by section
1103.
SEC. 1118. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
AUTHORITIES NOT AFFECTED.
Nothing in this title, or any amendment made by this title,
may be construed to authorize or require the transfer or
delegation of any function vested in, or exercised by the
Executive Office for Immigration Review of the Department of
Justice (or its successor entity), or any officer, employee,
or component thereof immediately prior to the effective date
of this title.
SEC. 1119. OTHER AUTHORITIES NOT AFFECTED.
Nothing in this title, or any amendment made by this title,
may be construed to authorize or require the transfer or
delegation of any function vested in, or exercised by--
(1) the Secretary of State under the State Department Basic
Authorities Act of 1956, or under the immigration laws of the
United States, immediately prior to the effective date of
this title, with respect to the issuance and use of passports
and visas;
(2) the Secretary of Labor or any official of the
Department of Labor immediately prior to the effective date
of this title, with respect to labor certifications or any
other authority under the immigration laws of the United
States; or
(3) except as otherwise specifically provided in this
division, any other official of the Federal Government under
the immigration laws of the United States immediately prior
to the effective date of this title.
SEC. 1120. TRANSITION FUNDING.
(a) Authorization of Appropriations for Transition.--
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(1) In general.--There are authorized to be appropriated to
the Department of Homeland Security such sums as may be
necessary--
(A) to effect--
(i) the abolition of the Immigration and Naturalization
Service;
(ii) the establishment of the Directorate of Immigration
Affairs and its components, the Bureau of Immigration
Services, and the Bureau of Enforcement and Border Affairs;
and
(iii) the transfer of functions required to be made under
this division; and
(B) to carry out any other duty that is made necessary by
this division, or any amendment made by this division.
(2) Activities supported.--Activities supported under
paragraph (1) include--
(A) planning for the transfer of functions from the
Immigration and Naturalization Service to the Directorate of
Immigration Affairs, including the preparation of any reports
and implementation plans necessary for such transfer;
(B) the division, acquisition, and disposition of--
(i) buildings and facilities;
(ii) support and infrastructure resources; and
(iii) computer hardware, software, and related
documentation;
(C) other capital expenditures necessary to effect the
transfer of functions described in this paragraph;
(D) revision of forms, stationery, logos, and signage;
(E) expenses incurred in connection with the transfer and
training of existing personnel and hiring of new personnel;
and
(F) such other expenses necessary to effect the transfers,
as determined by the Secretary.
(b) Availability of Funds.--Amounts appropriated pursuant
to subsection (a) are authorized to remain available until
expended.
(c) Transition Account.--
(1) Establishment.--There is established in the general
fund of the Treasury of the United States a separate account,
which shall be known as the "Directorate of Immigration
Affairs Transition Account" (in this section referred to as
the "Account").
(2) Use of account.--There shall be deposited into the
Account all amounts appropriated under subsection (a) and
amounts reprogrammed for the purposes described in subsection
(a).
(d) Report to Congress on Transition.--Beginning not later
than 90 days after the effective date of division A of this
Act, and at the end of each fiscal year in which
appropriations are made pursuant to subsection (c), the
Secretary of Homeland Security shall submit a report to
Congress concerning the availability of funds to cover
transition costs, including--
(1) any unobligated balances available for such purposes;
and
(2) a calculation of the amount of appropriations that
would be necessary to fully fund the activities described in
subsection (a).
(e) Effective Date.--This section shall take effect 1 year
after the effective date of division A of this Act.
Subtitle C--Miscellaneous Provisions
SEC. 1121. FUNDING ADJUDICATION AND NATURALIZATION SERVICES.
(a) Level of Fees.--Section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)) is amended by striking
"services, including the costs of similar services provided
without charge to asylum applicants or other immigrants"
and inserting "services".
(b) Use of Fees.--
(1) In general.--Each fee collected for the provision of an
adjudication or naturalization service shall be used only to
fund adjudication or naturalization services or, subject to
the availability of funds provided pursuant to subsection
(c), costs of similar services provided without charge to
asylum and refugee applicants.
(2) Prohibition.--No fee may be used to fund adjudication-
or naturalization-related audits that are not regularly
conducted in the normal course of operation.
(c) Refugee and Asylum Adjudication Services.--
(1) Authorization of appropriations.--In addition to such
sums as may be otherwise available for such purposes, there
are authorized to be appropriated such sums as may be
necessary to carry out the provisions of sections 207 through
209 of the Immigration and Nationality Act.
(2) Availability of funds.--Funds appropriated pursuant to
paragraph (1) are authorized to remain available until
expended.
(d) Separation of Funding.--
(1) In general.--There shall be established separate
accounts in the Treasury of the United States for
appropriated funds and other collections available for the
Bureau of Immigration Services and the Bureau of Enforcement
and Border Affairs.
(2) Fees.--Fees imposed for a particular service,
application, or benefit shall be deposited into the account
established under paragraph (1) that is for the bureau with
jurisdiction over the function to which the fee relates.
(3) Fees not transferable.--No fee may be transferred
between the Bureau of Immigration Services and the Bureau of
Enforcement and Border Affairs for purposes not authorized by
section 286 of the Immigration and Nationality Act, as
amended by subsection (a).
(e) Authorization of Appropriations for Backlog
Reduction.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary for each of the fiscal years
2003 through 2006 to carry out the Immigration Services and
Infrastructure Improvement Act of 2000 (title II of Public
Law 106-313).
(2) Availability of funds.--Amounts appropriated under
paragraph (1) are authorized to remain available until
expended.
(3) Infrastructure improvement account.--Amounts
appropriated under paragraph (1) shall be deposited into the
Immigration Services and Infrastructure Improvements Account
established by section 204(a)(2) of title II of Public Law
106-313.
SEC. 1122. APPLICATION OF INTERNET-BASED TECHNOLOGIES.
(a) Establishment of On-Line Database.--
(1) In general.--Not later than 2 years after the effective
date of division A, the Secretary, in consultation with the
Under Secretary and the Technology Advisory Committee, shall
establish an Internet-based system that will permit an
immigrant, nonimmigrant, employer, or other person who files
any application, petition, or other request for any benefit
under the immigration laws of the United States access to on-
line information about the processing status of the
application, petition, or other request.
(2) Privacy considerations.--The Under Secretary shall
consider all applicable privacy issues in the establishment
of the Internet system described in paragraph (1). No
personally identifying information shall be accessible to
unauthorized persons.
(3) Means of access.--The on-line information under the
Internet system described in paragraph (1) shall be
accessible to the persons described in paragraph (1) through
a personal identification number (PIN) or other personalized
password.
(4) Prohibition on fees.--The Under Secretary shall not
charge any immigrant, nonimmigrant, employer, or other person
described in paragraph (1) a fee for access to the
information in the database that pertains to that person.
(b) Feasibility Study for On-Line Filing and Improved
Processing.--
(1) On-line filing.--
(A) In general.--The Under Secretary, in consultation with
the Technology Advisory Committee, shall conduct a study to
determine the feasibility of on-line filing of the documents
described in subsection (a).
(B) Study elements.--The study shall--
(i) include a review of computerization and technology of
the Immigration and Naturalization Service (or successor
agency) relating to immigration services and the processing
of such documents;
(ii) include an estimate of the time-frame and costs of
implementing on-line filing of such documents; and
(iii) consider other factors in implementing such a filing
system, including the feasibility of the payment of fees on-
line.
(2) Report.--Not later than 2 years after the effective
date of division A, the Under Secretary shall submit to the
Committees on the Judiciary of the Senate and the House of
Representatives a report on the findings of the study
conducted under this subsection.
(c) Technology Advisory Committee.--
(1) Establishment.--Not later than 1 year after the
effective date of division A, the Under Secretary shall
establish, after consultation with the Committees on the
Judiciary of the Senate and the House of Representatives, an
advisory committee (in this section referred to as the
"Technology Advisory Committee") to assist the Under
Secretary in--
(A) establishing the tracking system under subsection (a);
and
(B) conducting the study under subsection (b).
(2) Composition.--The Technology Advisory Committee shall
be composed of--
(A) experts from the public and private sector capable of
establishing and implementing the system in an expeditious
manner; and
(B) representatives of persons or entities who may use the
tracking system described in subsection (a) and the on-line
filing system described in subsection (b)(1).
SEC. 1123. ALTERNATIVES TO DETENTION OF ASYLUM SEEKERS.
(a) Assignments of Asylum Officers.--The Under Secretary
shall assign asylum officers to major ports of entry in the
United States to assist in the inspection of asylum seekers.
For other ports of entry, the Under Secretary shall take
steps to ensure that asylum officers participate in the
inspections process.
(b) Amendment of the Immigration and Nationality Act.--
Chapter 4 of title II of the Immigration and Nationality Act
(8 U.S.C. 1221 et seq.) is amended by inserting after section
236A the following new section:
"SEC. 236B. ALTERNATIVES TO DETENTION OF ASYLUM SEEKERS.
"(a) Development of Alternatives to Detention.--The Under
Secretary shall--
"(1) authorize and promote the utilization of alternatives
to the detention of asylum seekers who do not have
nonpolitical criminal records; and
"(2) establish conditions for the detention of asylum
seekers that ensure a safe and humane environment.
"(b) Specific Alternatives for Consideration.--The Under
Secretary shall consider the following specific alternatives
to the detention of asylum seekers described in subsection
(a):
"(1) Parole from detention.
"(2) For individuals not otherwise qualified for parole
under paragraph (1), parole with
[[Page S8129]]
appearance assistance provided by private nonprofit voluntary
agencies with expertise in the legal and social needs of
asylum seekers.
"(3) For individuals not otherwise qualified for parole
under paragraph (1) or (2), non-secure shelter care or group
homes operated by private nonprofit voluntary agencies with
expertise in the legal and social needs of asylum seekers.
"(4) Noninstitutional settings for minors such as foster
care or group homes operated by private nonprofit voluntary
agencies with expertise in the legal and social needs of
asylum seekers.
"(c) Regulations.--The Under Secretary shall promulgate
such regulations as may be necessary to carry out this
section.
"(d) Definition.--In this section, the term `asylum
seeker' means any applicant for asylum under section 208 or
any alien who indicates an intention to apply for asylum
under that section.".
(b) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act is amended by inserting after
the item relating to section 236A the following new item:
"Sec. 236B. Alternatives to detention of asylum seekers.".
Subtitle D--Effective Date
SEC. 1131. EFFECTIVE DATE.
This title, and the amendments made by this title, shall
take effect one year after the effective date of division A
of this Act.
TITLE XII--UNACCOMPANIED ALIEN CHILD PROTECTION
SEC. 1201. SHORT TITLE.
This title may be cited as the "Unaccompanied Alien Child
Protection Act of 2002".
SEC. 1202. DEFINITIONS.
(a) In General.--In this title:
(1) Director.--The term "Director" means the Director of
the Office.
(2) Office.--The term "Office" means the Office of
Refugee Resettlement as established by section 411 of the
Immigration and Nationality Act.
(3) Service.--The term "Service" means the Immigration
and Naturalization Service (or, upon the effective date of
title XI, the Directorate of Immigration Affairs).
(4) Unaccompanied alien child.--The term "unaccompanied
alien child" means a child who--
(A) has no lawful immigration status in the United States;
(B) has not attained the age of 18; and
(C) with respect to whom--
(i) there is no parent or legal guardian in the United
States; or
(ii) no parent or legal guardian in the United States is
available to provide care and physical custody.
(5) Voluntary agency.--The term "voluntary agency" means
a private, nonprofit voluntary agency with expertise in
meeting the cultural, developmental, or psychological needs
of unaccompanied alien children as licensed by the
appropriate State and certified by the Director of the Office
of Refugee Resettlement.
(b) Amendments to the Immigration and Nationality Act.--
Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the
end the following new paragraphs:
"(53) The term `unaccompanied alien child' means a child
who--
"(A) has no lawful immigration status in the United
States;
"(B) has not attained the age of 18; and
"(C) with respect to whom--
"(i) there is no parent or legal guardian in the United
States; or
"(ii) no parent or legal guardian in the United States is
able to provide care and physical custody.
"(54) The term `unaccompanied refugee children' means
persons described in paragraph (42) who--
"(A) have not attained the age of 18; and
"(B) with respect to whom there are no parents or legal
guardians available to provide care and physical custody.".
Subtitle A--Structural Changes
SEC. 1211. RESPONSIBILITIES OF THE OFFICE OF REFUGEE
RESETTLEMENT WITH RESPECT TO UNACCOMPANIED
ALIEN CHILDREN.
(a) In General.--
(1) Responsibilities of the office.--The Office shall be
responsible for--
(A) coordinating and implementing the care and placement
for unaccompanied alien children who are in Federal custody
by reason of their immigration status; and
(B) ensuring minimum standards of detention for all
unaccompanied alien children.
(2) Duties of the director with respect to unaccompanied
alien children.--The Director shall be responsible under this
title for--
(A) ensuring that the best interests of the child are
considered in decisions and actions relating to the care and
placement of an unaccompanied alien child;
(B) making placement, release, and detention determinations
for all unaccompanied alien children in the custody of the
Office;
(C) implementing the placement, release, and detention
determinations made by the Office;
(D) convening, in the absence of the Assistant Secretary,
Administration for Children and Families of the Department of
Health and Human Services, the Interagency Task Force on
Unaccompanied Alien Children established in section 1212;
(E) identifying a sufficient number of qualified persons,
entities, and facilities to house unaccompanied alien
children in accordance with sections 1222 and 1223;
(F) overseeing the persons, entities, and facilities
described in sections 1222 and 1223 to ensure their
compliance with such provisions;
(G) compiling, updating, and publishing at least annually a
State-by-State list of professionals or other entities
qualified to contract with the Office to provide the services
described in sections 1231 and 1232;
(H) maintaining statistical information and other data on
unaccompanied alien children in the Office's custody and
care, which shall include--
(i) biographical information such as the child's name,
gender, date of birth, country of birth, and country of
habitual residence;
(ii) the date on which the child came into Federal custody,
including each instance in which such child came into the
custody of--
(I) the Service; or
(II) the Office;
(iii) information relating to the custody, detention,
release, and repatriation of unaccompanied alien children who
have been in the custody of the Office;
(iv) in any case in which the child is placed in detention,
an explanation relating to the detention; and
(v) the disposition of any actions in which the child is
the subject;
(I) collecting and compiling statistical information from
the Service, including Border Patrol and inspections
officers, on the unaccompanied alien children with whom they
come into contact; and
(J) conducting investigations and inspections of facilities
and other entities in which unaccompanied alien children
reside.
(3) Duties with respect to foster care.--In carrying out
the duties described in paragraph (3)(F), the Director is
encouraged to utilize the refugee children foster care system
established under section 412(d)(2) of the Immigration and
Nationality Act for the placement of unaccompanied alien
children.
(4) Powers.--In carrying out the duties under paragraph
(3), the Director shall have the power to--
(A) contract with service providers to perform the services
described in sections 1222, 1223, 1231, and 1232; and
(B) compel compliance with the terms and conditions set
forth in section 1223, including the power to terminate the
contracts of providers that are not in compliance with such
conditions and reassign any unaccompanied alien child to a
similar facility that is in compliance with such section.
(b) No Effect on Service, EOIR, and Department of State
Adjudicatory Responsibilities.--Nothing in this title may be
construed to transfer the responsibility for adjudicating
benefit determinations under the Immigration and Nationality
Act from the authority of any official of the Service, the
Executive Office of Immigration Review (or successor entity),
or the Department of State.
SEC. 1212. ESTABLISHMENT OF INTERAGENCY TASK FORCE ON
UNACCOMPANIED ALIEN CHILDREN.
(a) Establishment.--There is established an Interagency
Task Force on Unaccompanied Alien Children.
(b) Composition.--The Task Force shall consist of the
following members:
(1) The Assistant Secretary, Administration for Children
and Families, Department of Health and Human Services.
(2) The Under Secretary of Homeland Security for
Immigration Affairs.
(3) The Assistant Secretary of State for Population,
Refugees, and Migration.
(4) The Director.
(5) Such other officials in the executive branch of
Government as may be designated by the President.
(c) Chairman.--The Task Force shall be chaired by the
Assistant Secretary, Administration for Children and
Families, Department of Health and Human Services.
(d) Activities of the Task Force.--In consultation with
nongovernmental organizations, the Task Force shall--
(1) measure and evaluate the progress of the United States
in treating unaccompanied alien children in United States
custody; and
(2) expand interagency procedures to collect and organize
data, including significant research and resource information
on the needs and treatment of unaccompanied alien children in
the custody of the United States Government.
SEC. 1213. TRANSITION PROVISIONS.
(a) Transfer of Functions.--All functions with respect to
the care and custody of unaccompanied alien children under
the immigration laws of the United States vested by statute
in, or exercised by, the Commissioner of Immigration and
Naturalization (or any officer, employee, or component
thereof), immediately prior to the effective date of this
subtitle, are transferred to the Office.
(b) Transfer and Allocations of Appropriations and
Personnel.--The personnel employed in connection with, and
the assets, liabilities, contracts, property, records, and
unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising
from, available to, or to be made available in connection
with the functions transferred by this section, subject to
section 1531 of title 31, United States Code, shall be
transferred to the Office. Unexpended funds transferred
pursuant to this section shall be used only for the purposes
for which the funds were originally authorized and
appropriated.
(c) Legal Documents.--All orders, determinations, rules,
regulations, permits,
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grants, loans, contracts, recognition of labor organizations,
agreements, including collective bargaining agreements,
certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Attorney General, the
Commissioner of the Immigration and Naturalization Service,
their delegates, or any other Government official, or by a
court of competent jurisdiction, in the performance of any
function that is transferred pursuant to this section; and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to
their terms as in effect on such effective date);
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other authorized
official, a court of competent jurisdiction, or operation of
law, except that any collective bargaining agreement shall
remain in effect until the date of termination specified in
the agreement.
(d) Proceedings.--
(1) Pending.--The transfer of functions under subsection
(a) shall not affect any proceeding or any application for
any benefit, service, license, permit, certificate, or
financial assistance pending on the effective date of this
subtitle before an office whose functions are transferred
pursuant to this section, but such proceedings and
applications shall be continued.
(2) Orders.--Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be made
pursuant to such orders, as if this Act had not been enacted,
and orders issued in any such proceeding shall continue in
effect until modified, terminated, superseded, or revoked by
a duly authorized official, by a court of competent
jurisdiction, or by operation of law.
(3) Discontinuance or modification.--Nothing in this
section shall be considered to prohibit the discontinuance or
modification of any such proceeding under the same terms and
conditions and to the same extent that such proceeding could
have been discontinued or modified if this section had not
been enacted.
(e) Suits.--This section shall not affect suits commenced
before the effective date of this subtitle, and in all such
suits, proceeding shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if
this section had not been enacted.
(f) Nonabatement of Actions.--No suit, action, or other
proceeding commenced by or against the Department of Justice
or the Immigration and Naturalization Service, or by or
against any individual in the official capacity of such
individual as an officer or employee in connection with a
function transferred under this section, shall abate by
reason of the enactment of this Act.
(g) Continuance of Suit With Substitution of Parties.--If
any Government officer in the official capacity of such
officer is party to a suit with respect to a function of the
officer, and pursuant to this section such function is
transferred to any other officer or office, then such suit
shall be continued with the other officer or the head of such
other office, as applicable, substituted or added as a party.
(h) Administrative Procedure and Judicial Review.--Except
as otherwise provided by this title, any statutory
requirements relating to notice, hearings, action upon the
record, or administrative or judicial review that apply to
any function transferred pursuant to any provision of this
section shall apply to the exercise of such function by the
head of the office, and other officers of the office, to
which such function is transferred pursuant to such
provision.
SEC. 1214. EFFECTIVE DATE.
This subtitle shall take effect one year after the
effective date of division A of this Act.
Subtitle B--Custody, Release, Family Reunification, and Detention
SEC. 1221. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN
CHILDREN.
(a) Unaccompanied Children Found Along the United States
Border or at United States Ports of Entry.--
(1) In general.--Subject to paragraph (2), if an
immigration officer finds an unaccompanied alien child who is
described in paragraph (2) at a land border or port of entry
of the United States and determines that such child is
inadmissible under the Immigration and Nationality Act, the
officer shall--
(A) permit such child to withdraw the child's application
for admission pursuant to section 235(a)(4) of the
Immigration and Nationality Act; and
(B) remove such child from the United States.
(2) Special rule for contiguous countries.--
(A) In general.--Any child who is a national or habitual
resident of a country that is contiguous with the United
States and that has an agreement in writing with the United
States providing for the safe return and orderly repatriation
of unaccompanied alien children who are nationals or habitual
residents of such country shall be treated in accordance with
paragraph (1), unless a determination is made on a case-by-
case basis that--
(i) such child has a fear of returning to the child's
country of nationality or country of last habitual residence
owing to a fear of persecution;
(ii) the return of such child to the child's country of
nationality or country of last habitual residence would
endanger the life or safety of such child; or
(iii) the child cannot make an independent decision to
withdraw the child's application for admission due to age or
other lack of capacity.
(B) Right of consultation.--Any child described in
subparagraph (A) shall have the right to consult with a
consular officer from the child's country of nationality or
country of last habitual residence prior to repatriation, as
well as consult with the Office, telephonically, and such
child shall be informed of that right.
(3) Rule for apprehensions at the border.--The custody of
unaccompanied alien children not described in paragraph (2)
who are apprehended at the border of the United States or at
a United States port of entry shall be treated in accordance
with the provisions of subsection (b).
(b) Custody of Unaccompanied Alien Children Found in the
Interior of the United States.--
(1) Establishment of jurisdiction.--
(A) In general.--Except as otherwise provided under
subsection (a) and subparagraphs (B) and (C), the custody of
all unaccompanied alien children, including responsibility
for their detention, where appropriate, shall be under the
jurisdiction of the Office.
(B) Exception for children who have committed crimes.--
Notwithstanding subparagraph (A), the Service shall retain or
assume the custody and care of any unaccompanied alien child
who--
(i) has been charged with any felony, excluding offenses
proscribed by the Immigration and Nationality Act, while such
charges are pending; or
(ii) has been convicted of any such felony.
(C) Exception for children who threaten national
security.--Notwithstanding subparagraph (A), the Service
shall retain or assume the custody and care of an
unaccompanied alien child if the Secretary of Homeland
Security has substantial evidence that such child endangers
the national security of the United States.
(2) Notification.--Upon apprehension of an unaccompanied
alien child, the Secretary shall promptly notify the Office.
(3) Transfer of unaccompanied alien children.--
(A) Transfer to the office.--The care and custody of an
unaccompanied alien child shall be transferred to the
Office--
(i) in the case of a child not described in paragraph (1)
(B) or (C), not later than 72 hours after the apprehension of
such child; or
(ii) in the case of a child whose custody has been retained
or assumed by the Service pursuant to paragraph (1) (B) or
(C), immediately following a determination that the child no
longer meets the description set forth in such paragraph.
(B) Transfer to the service.--Upon determining that a child
in the custody of the Office is described in paragraph (1)
(B) or (C), the Director shall promptly make arrangements to
transfer the care and custody of such child to the Service.
(c) Age Determinations.--In any case in which the age of an
alien is in question and the resolution of questions about
such alien's age would affect the alien's eligibility for
treatment under the provisions of this title, a determination
of whether such alien meets the age requirements of this
title shall be made in accordance with the provisions of
section 1225.
SEC. 1222. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN
CHILDREN WITH RELATIVES IN THE UNITED STATES.
(a) Placement Authority.--
(1) Order of preference.--Subject to the Director's
discretion under paragraph (4) and section 1223(a)(2), an
unaccompanied alien child in the custody of the Office shall
be promptly placed with one of the following individuals in
the following order of preference:
(A) A parent who seeks to establish custody, as described
in paragraph (3)(A).
(B) A legal guardian who seeks to establish custody, as
described in paragraph (3)(A).
(C) An adult relative.
(D) An entity designated by the parent or legal guardian
that is capable and willing to care for the child's well-
being.
(E) A State-licensed juvenile shelter, group home, or
foster home willing to accept legal custody of the child.
(F) A qualified adult or entity seeking custody of the
child when it appears that there is no other likely
alternative to long-term detention and family reunification
does not appear to be a reasonable alternative. For purposes
of this subparagraph, the qualification of the adult or
entity shall be decided by the Office.
(2) Home study.--Notwithstanding the provisions of
paragraph (1), no unaccompanied alien child shall be placed
with a person or entity unless a valid home-study conducted
by an agency of the State of the child's proposed residence,
by an agency authorized by that State to conduct such a
study, or by an appropriate voluntary agency contracted with
the Office to conduct such studies has found that the person
or entity is capable of providing for the child's physical
and mental well-being.
(3) Right of parent or legal guardian to custody of
unaccompanied alien child.--
(A) Placement with parent or legal guardian.--If an
unaccompanied alien child is placed with any person or entity
other than a parent or legal guardian, but subsequent to that
placement a parent or legal
[[Page S8131]]
guardian seeks to establish custody, the Director shall
assess the suitability of placing the child with the
parent or legal guardian and shall make a written
determination on the child's placement within 30 days.
(B) Rule of construction.--Nothing in this title shall be
construed to--
(i) supersede obligations under any treaty or other
international agreement to which the United States is a
party, including The Hague Convention on the Civil Aspects of
International Child Abduction, the Vienna Declaration and
Programme of Action, and the Declaration of the Rights of the
Child; or
(ii) limit any right or remedy under such international
agreement.
(4) Protection from smugglers and traffickers.--The
Director shall take affirmative steps to ensure that
unaccompanied alien children are protected from smugglers,
traffickers, or others seeking to victimize or otherwise
engage such children in criminal, harmful, or exploitative
activity. Attorneys involved in such activities should be
reported to their State bar associations for disciplinary
action.
(5) Grants and contracts.--Subject to the availability of
appropriations, the Director is authorized to make grants to,
and enter into contracts with, voluntary agencies to carry
out the provisions of this section.
(6) Reimbursement of state expenses.--Subject to the
availability of appropriations, the Director is authorized to
reimburse States for any expenses they incur in providing
assistance to unaccompanied alien children who are served
pursuant to this title.
(b) Confidentiality.--All information obtained by the
Office relating to the immigration status of a person listed
in subsection (a) shall remain confidential and may be used
only for the purposes of determining such person's
qualifications under subsection (a)(1).
SEC. 1223. APPROPRIATE CONDITIONS FOR DETENTION OF
UNACCOMPANIED ALIEN CHILDREN.
(a) Standards for Placement.--
(1) Prohibition of detention in certain facilities.--Except
as provided in paragraph (2), an unaccompanied alien child
shall not be placed in an adult detention facility or a
facility housing delinquent children.
(2) Detention in appropriate facilities.--An unaccompanied
alien child who has exhibited a violent or criminal behavior
that endangers others may be detained in conditions
appropriate to the behavior in a facility appropriate for
delinquent children.
(3) State licensure.--In the case of a placement of a child
with an entity described in section 1222(a)(1)(E), the entity
must be licensed by an appropriate State agency to provide
residential, group, child welfare, or foster care services
for dependent children.
(4) Conditions of detention.--
(A) In general.--The Director shall promulgate regulations
incorporating standards for conditions of detention in such
placements that provide for--
(i) educational services appropriate to the child;
(ii) medical care;
(iii) mental health care, including treatment of trauma;
(iv) access to telephones;
(v) access to legal services;
(vi) access to interpreters;
(vii) supervision by professionals trained in the care of
children, taking into account the special cultural,
linguistic, and experiential needs of children in immigration
proceedings;
(viii) recreational programs and activities;
(ix) spiritual and religious needs; and
(x) dietary needs.
(B) Notification of children.--Such regulations shall
provide that all children are notified orally and in writing
of such standards.
(b) Prohibition of Certain Practices.--The Director and the
Secretary of Homeland Security shall develop procedures
prohibiting the unreasonable use of--
(1) shackling, handcuffing, or other restraints on
children;
(2) solitary confinement; or
(3) pat or strip searches.
(c) Rule of Construction.--Nothing in this section shall be
construed to supersede procedures favoring release of
children to appropriate adults or entities or placement in
the least secure setting possible, as defined in the
Stipulated Settlement Agreement under Flores v. Reno.
SEC. 1224. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.
(a) Country Conditions.--
(1) Sense of congress.--It is the sense of Congress that,
to the extent consistent with the treaties and other
international agreements to which the United States is a
party and to the extent practicable, the United States
Government should undertake efforts to ensure that it does
not repatriate children in its custody into settings that
would threaten the life and safety of such children.
(2) Assessment of conditions.--
(A) In general.--In carrying out repatriations of
unaccompanied alien children, the Office shall conduct
assessments of country conditions to determine the extent to
which the country to which a child is being repatriated has a
child welfare system capable of ensuring the child's well
being.
(B) Factors for assessment.--In assessing country
conditions, the Office shall, to the maximum extent
practicable, examine the conditions specific to the locale of
the child's repatriation.
(b) Report on Repatriation of Unaccompanied Alien
Children.--Beginning not later than 18 months after the date
of enactment of this Act, and annually thereafter, the
Director shall submit a report to the Judiciary Committees of
the House of Representatives and Senate on the Director's
efforts to repatriate unaccompanied alien children. Such
report shall include at a minimum the following information:
(1) The number of unaccompanied alien children ordered
removed and the number of such children actually removed from
the United States.
(2) A description of the type of immigration relief sought
and denied to such children.
(3) A statement of the nationalities, ages, and gender of
such children.
(4) A description of the procedures used to effect the
removal of such children from the United States.
(5) A description of steps taken to ensure that such
children were safely and humanely repatriated to their
country of origin.
(6) Any information gathered in assessments of country and
local conditions pursuant to subsection (a)(2).
SEC. 1225. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN
CHILD.
The Director shall develop procedures that permit the
presentation and consideration of a variety of forms of
evidence, including testimony of a child and other persons,
to determine an unaccompanied alien child's age for purposes
of placement, custody, parole, and detention. Such procedures
shall allow the appeal of a determination to an immigration
judge. Radiographs shall not be the sole means of determining
age.
SEC. 1226. EFFECTIVE DATE.
This subtitle shall take effect one year after the
effective date of division A of this Act.
Subtitle C--Access by Unaccompanied Alien Children to Guardians Ad
Litem and Counsel
SEC. 1231. RIGHT OF UNACCOMPANIED ALIEN CHILDREN TO GUARDIANS
AD LITEM.
(a) Guardian Ad Litem.--
(1) Appointment.--The Director shall appoint a guardian ad
litem who meets the qualifications described in paragraph (2)
for each unaccompanied alien child in the custody of the
Office not later than 72 hours after the Office assumes
physical or constructive custody of such child. The Director
is encouraged, wherever practicable, to contract with a
voluntary agency for the selection of an individual to be
appointed as a guardian ad litem under this paragraph.
(2) Qualifications of guardian ad litem.--
(A) In general.--No person shall serve as a guardian ad
litem unless such person--
(i) is a child welfare professional or other individual who
has received training in child welfare matters; and
(ii) possesses special training on the nature of problems
encountered by unaccompanied alien children.
(B) Prohibition.--A guardian ad litem shall not be an
employee of the Service.
(3) Duties.--The guardian ad litem shall--
(A) conduct interviews with the child in a manner that is
appropriate, taking into account the child's age;
(B) investigate the facts and circumstances relevant to
such child's presence in the United States, including facts
and circumstances arising in the country of the child's
nationality or last habitual residence and facts and
circumstances arising subsequent to the child's departure
from such country;
(C) work with counsel to identify the child's eligibility
for relief from removal or voluntary departure by sharing
with counsel information collected under subparagraph (B);
(D) develop recommendations on issues relative to the
child's custody, detention, release, and repatriation;
(E) ensure that the child's best interests are promoted
while the child participates in, or is subject to,
proceedings or actions under the Immigration and Nationality
Act;
(F) ensure that the child understands such determinations
and proceedings; and
(G) report findings and recommendations to the Director and
to the Executive Office of Immigration Review (or successor
entity).
(4) Termination of appointment.--The guardian ad litem
shall carry out the duties described in paragraph (3) until--
(A) those duties are completed,
(B) the child departs the United States,
(C) the child is granted permanent resident status in the
United States,
(D) the child attains the age of 18, or
(E) the child is placed in the custody of a parent or legal
guardian,
whichever occurs first.
(5) Powers.--The guardian ad litem--
(A) shall have reasonable access to the child, including
access while such child is being held in detention or in the
care of a foster family;
(B) shall be permitted to review all records and
information relating to such proceedings that are not deemed
privileged or classified;
(C) may seek independent evaluations of the child;
(D) shall be notified in advance of all hearings involving
the child that are held in connection with proceedings under
the Immigration and Nationality Act, and shall be given a
reasonable opportunity to be present at such hearings; and
(E) shall be permitted to consult with the child during any
hearing or interview involving such child.
[[Page S8132]]
(b) Training.--The Director shall provide professional
training for all persons serving as guardians ad litem under
this section in the circumstances and conditions that
unaccompanied alien children face as well as in the various
immigration benefits for which such a child might be
eligible.
SEC. 1232. RIGHT OF UNACCOMPANIED ALIEN CHILDREN TO COUNSEL.
(a) Access to Counsel.--
(1) In general.--The Director shall ensure that all
unaccompanied alien children in the custody of the Office or
in the custody of the Service who are not described in
section 1221(a)(2) shall have competent counsel to represent
them in immigration proceedings or matters.
(2) Pro bono representation.--To the maximum extent
practicable, the Director shall utilize the services of pro
bono attorneys who agree to provide representation to such
children without charge.
(3) Government funded representation.--
(A) Appointment of competent counsel.--Notwithstanding
section 292 of the Immigration and Nationality Act (8 U.S.C.
1362) or any other provision of law, when no competent
counsel is available to represent an unaccompanied alien
child without charge, the Director shall appoint competent
counsel for such child at the expense of the Government.
(B) Limitation on attorney fees.--Counsel appointed under
subparagraph (A) may not be compensated at a rate in excess
of the rate provided under section 3006A of title 18, United
States Code.
(C) Assumption of the cost of government-paid counsel.--In
the case of a child for whom counsel is appointed under
subparagraph (A) who is subsequently placed in the physical
custody of a parent or legal guardian, such parent or legal
guardian may elect to retain the same counsel to continue
representation of the child, at no expense to the Government,
beginning on the date that the parent or legal guardian
assumes physical custody of the child.
(4) Development of necessary infrastructures and systems.--
In ensuring that legal representation is provided to such
children, the Director shall develop the necessary mechanisms
to identify entities available to provide such legal
assistance and representation and to recruit such entities.
(5) Contracting and grant making authority.--
(A) In general.--Subject to the availability of
appropriations, the Director shall enter into contracts with
or make grants to national nonprofit agencies with relevant
expertise in the delivery of immigration-related legal
services to children in order to carry out this subsection.
(B) Ineligibility for grants and contracts.--In making
grants and entering into contracts with such agencies, the
Director shall ensure that no such agency is--
(i) a grantee or contractee for services provided under
section 1222 or 1231; and
(ii) simultaneously a grantee or contractee for services
provided under subparagraph (A).
(b) Requirement of Legal Representation.--The Director
shall ensure that all unaccompanied alien children have legal
representation within 7 days of the child coming into Federal
custody.
(c) Duties.--Counsel shall represent the unaccompanied
alien child all proceedings and actions relating to the
child's immigration status or other actions involving the
Service and appear in person for all individual merits
hearings before the Executive Office for Immigration Review
(or its successor entity) and interviews involving the
Service.
(d) Access to Child.--
(1) In general.--Counsel shall have reasonable access to
the unaccompanied alien child, including access while the
child is being held in detention, in the care of a foster
family, or in any other setting that has been determined by
the Office.
(2) Restriction on transfers.--Absent compelling and
unusual circumstances, no child who is represented by counsel
shall be transferred from the child's placement to another
placement unless advance notice of at least 24 hours is made
to counsel of such transfer.
(e) Termination of Appointment.--Counsel shall carry out
the duties described in subsection (c) until--
(1) those duties are completed,
(2) the child departs the United States,
(3) the child is granted withholding of removal under
section 241(b)(3) of the Immigration and Nationality Act,
(4) the child is granted protection under the Convention
Against Torture,
(5) the child is granted asylum in the United States under
section 208 of the Immigration and Nationality Act,
(6) the child is granted permanent resident status in the
United States, or
(7) the child attains 18 years of age,
whichever occurs first.
(f) Notice to Counsel During Immigration Proceedings.--
(1) In general.--Except when otherwise required in an
emergency situation involving the physical safety of the
child, counsel shall be given prompt and adequate notice of
all immigration matters affecting or involving an
unaccompanied alien child, including adjudications,
proceedings, and processing, before such actions are taken.
(2) Opportunity to consult with counsel.--An unaccompanied
alien child in the custody of the Office may not give consent
to any immigration action, including consenting to voluntary
departure, unless first afforded an opportunity to consult
with counsel.
(g) Access to Recommendations of Guardian Ad Litem.--
Counsel shall be afforded an opportunity to review the
recommendation by the guardian ad litem affecting or
involving a client who is an unaccompanied alien child.
SEC. 1233. EFFECTIVE DATE; APPLICABILITY.
(a) Effective Date.--This subtitle shall take effect one
year after the effective date of division A of this Act.
(b) Applicability.--The provisions of this subtitle shall
apply to all unaccompanied alien children in Federal custody
on, before, or after the effective date of this subtitle.
Subtitle D--Strengthening Policies for Permanent Protection of Alien
Children
SEC. 1241. SPECIAL IMMIGRANT JUVENILE VISA.
(a) J Visa.--Section 101(a)(27)(J) (8 U.S.C.
1101(a)(27)(J)) is amended to read as follows:
"(J) an immigrant under the age of 18 on the date of
application who is present in the United States--
"(i) who has been declared dependent on a juvenile court
located in the United States or whom such a court has legally
committed to, or placed under the custody of, a department or
agency of a State, or an individual or entity appointed by a
State, and who has been deemed eligible by that court for
long-term foster care due to abuse, neglect, or abandonment,
or a similar basis found under State law;
"(ii) for whom it has been determined in administrative or
judicial proceedings that it would not be in the alien's best
interest to be returned to the alien's or parent's previous
country of nationality or country of last habitual residence;
and
"(iii) for whom the Office of Refugee Resettlement of the
Department of Health and Human Services has certified to the
Under Secretary of Homeland Security for Immigration Affairs
that the classification of an alien as a special immigrant
under this subparagraph has not been made solely to provide
an immigration benefit to that alien;
except that no natural parent or prior adoptive parent of any
alien provided special immigrant status under this
subparagraph shall thereafter, by virtue of such parentage,
be accorded any right, privilege, or status under this
Act;".
(b) Adjustment of Status.--Section 245(h)(2) (8 U.S.C.
1255(h)(2)) is amended--
(1) by amending subparagraph (A) to read as follows:
"(A) paragraphs (1), (4), (5), (6), and (7)(A) of section
212(a) shall not apply,";
(2) in subparagraph (B), by striking the period and
inserting ", and"; and
(3) by adding at the end the following new subparagraph:
"(C) the Secretary of Homeland Security may waive
paragraph (2) (A) and (B) in the case of an offense which
arose as a consequence of the child being unaccompanied.".
(c) Eligibility for Assistance.--A child who has been
granted relief under section 101(a)(27)(J) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(27)(J)), as amended by
subsection (a), and who is in the custody of a State shall be
eligible for all funds made available under section 412(d) of
such Act.
SEC. 1242. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE PARTIES
WHO COME INTO CONTACT WITH UNACCOMPANIED ALIEN
CHILDREN.
(a) Training of State and Local Officials and Certain
Private Parties.--The Secretary of Health and Human Services,
acting jointly with the Secretary, shall provide appropriate
training to be available to State and county officials, child
welfare specialists, teachers, public counsel, and juvenile
judges who come into contact with unaccompanied alien
children. The training shall provide education on the
processes pertaining to unaccompanied alien children with
pending immigration status and on the forms of relief
potentially available. The Director shall be responsible for
establishing a core curriculum that can be incorporated into
currently existing education, training, or orientation
modules or formats that are currently used by these
professionals.
(b) Training of Service Personnel.--The Secretary, acting
jointly with the Secretary of Health and Human Services,
shall provide specialized training to all personnel of the
Service who come into contact with unaccompanied alien
children. In the case of Border Patrol agents and immigration
inspectors, such training shall include specific training on
identifying children at the United States border or at United
States ports of entry who have been victimized by smugglers
or traffickers, and children for whom asylum or special
immigrant relief may be appropriate, including children
described in section 1221(a)(2).
SEC. 1243. EFFECTIVE DATE.
The amendment made by section 1241 shall apply to all
eligible children who were in the United States before, on,
or after the date of enactment of this Act.
Subtitle E--Children Refugee and Asylum Seekers
SEC. 1251. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.
(a) Sense of Congress.--Congress commends the Service for
its issuance of its "Guidelines for Children's Asylum
Claims", dated December 1998, and encourages and supports
the Service's implementation of such guidelines in an effort
to facilitate the
[[Page S8133]]
handling of children's asylum claims. Congress calls upon the
Executive Office for Immigration Review of the Department of
Justice (or successor entity) to adopt the "Guidelines for
Children's Asylum Claims" in its handling of children's
asylum claims before immigration judges and the Board of
Immigration Appeals.
(b) Training.--The Secretary of Homeland Security shall
provide periodic comprehensive training under the
"Guidelines for Children's Asylum Claims" to asylum
officers, immigration judges, members of the Board of
Immigration Appeals, and immigration officers who have
contact with children in order to familiarize and sensitize
such officers to the needs of children asylum seekers.
Voluntary agencies shall be allowed to assist in such
training.
SEC. 1252. UNACCOMPANIED REFUGEE CHILDREN.
(a) Identifying Unaccompanied Refugee Children.--Section
207(e) (8 U.S.C. 1157(e)) is amended--
(1) by redesignating paragraphs (3), (4), (5), (6), and (7)
as paragraphs (4), (5), (6), (7), and (8), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
"(3) An analysis of the worldwide situation faced by
unaccompanied refugee children, by region. Such analysis
shall include an assessment of--
"(A) the number of unaccompanied refugee children, by
region;
"(B) the capacity of the Department of State to identify
such refugees;
"(C) the capacity of the international community to care
for and protect such refugees;
"(D) the capacity of the voluntary agency community to
resettle such refugees in the United States;
"(E) the degree to which the United States plans to
resettle such refugees in the United States in the coming
fiscal year; and
"(F) the fate that will befall such unaccompanied refugee
children for whom resettlement in the United States is not
possible.".
(b) Training on the Needs of Unaccompanied Refugee
Children.--Section 207(f)(2) (8 U.S.C. 1157(f)(2)) is amended
by--
(1) striking "and" after "countries,"; and
(2) inserting before the period at the end the following:
", and instruction on the needs of unaccompanied refugee
children".
Subtitle F--Authorization of Appropriations
SEC. 1261. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
such sums as may be necessary to carry out the provisions of
this title.
(b) Availability of Funds.--Amounts appropriated pursuant
to subsection (a) are authorized to remain available until
expended.
TITLE XIII--AGENCY FOR IMMIGRATION HEARINGS AND APPEALS
Subtitle A--Structure and Function
SEC. 1301. ESTABLISHMENT.
(a) In General.--There is established within the Department
of Justice the Agency for Immigration Hearings and Appeals
(in this title referred to as the "Agency").
(b) Abolition of EOIR.--The Executive Office for
Immigration Review of the Department of Justice is hereby
abolished.
SEC. 1302. DIRECTOR OF THE AGENCY.
(a) Appointment.--There shall be at the head of the Agency
a Director who shall be appointed by the President, by and
with the advice and consent of the Senate.
(b) Offices.--The Director shall appoint a Deputy Director,
General Counsel, Pro Bono Coordinator, and other offices as
may be necessary to carry out this title.
(c) Responsibilities.--The Director shall--
(1) administer the Agency and be responsible for the
promulgation of rules and regulations affecting the Agency;
(2) appoint each Member of the Board of Immigration
Appeals, including a Chair;
(3) appoint the Chief Immigration Judge; and
(4) appoint and fix the compensation of attorneys, clerks,
administrative assistants, and other personnel as may be
necessary.
SEC. 1303. BOARD OF IMMIGRATION APPEALS.
(a) In General.--The Board of Immigration Appeals (in this
title referred to as the "Board") shall perform the
appellate functions of the Agency. The Board shall consist of
a Chair and not less than 14 other immigration appeals
judges.
(b) Appointment.--Members of the Board shall be appointed
by the Director, in consultation with the Chair of the Board
of Immigration Appeals.
(c) Qualifications.--The Chair and each other Member of the
Board shall be an attorney in good standing of a bar of a
State or the District of Columbia and shall have at least 7
years of professional legal expertise in immigration and
nationality law.
(d) Chair.--The Chair shall direct, supervise, and
establish the procedures and policies of the Board.
(e) Jurisdiction.--
(1) In general.--The Board shall have such jurisdiction as
was, prior to the date of enactment of this Act, provided by
statute or regulation to the Board of Immigration Appeals (as
in effect under the Executive Office of Immigration Review).
(2) De novo review.--The Board shall have de novo review of
any decision by an immigration judge, including any final
order of removal.
(f) Decisions of the Board.--The decisions of the Board
shall constitute final agency action, subject to review only
as provided by the Immigration and Nationality Act and other
applicable law.
(g) Independence of Board Members.--The Members of the
Board shall exercise their independent judgment and
discretion in the cases coming before the Board.
SEC. 1304. CHIEF IMMIGRATION JUDGE.
(a) Establishment of Office.--There shall be within the
Agency the position of Chief Immigration Judge, who shall
administer the immigration courts.
(b) Duties of the Chief Immigration Judge.--The Chief
Immigration Judge shall be responsible for the general
supervision, direction, and procurement of resource and
facilities and for the general management of immigration
court dockets.
(c) Appointment of Immigration Judges.--Immigration judges
shall be appointed by the Director, in consultation with the
Chief Immigration Judge.
(d) Qualifications.--Each immigration judge, including the
Chief Immigration Judge, shall be an attorney in good
standing of a bar of a State or the District of Columbia and
shall have at least 7 years of professional legal expertise
in immigration and nationality law.
(e) Jurisdiction and Authority of Immigration Courts.--The
immigration courts shall have such jurisdiction as was, prior
to the date of enactment of this Act, provided by statute or
regulation to the immigration courts within the Executive
Office for Immigration Review of the Department of Justice.
(f) Independence of Immigration Judges.--The immigration
judges shall exercise their independent judgment and
discretion in the cases coming before the Immigration Court.
SEC. 1305. CHIEF ADMINISTRATIVE HEARING OFFICER.
(a) Establishment of Position.--There shall be within the
Agency the position of Chief Administrative Hearing Officer.
(b) Duties of the Chief Administrative Hearing Officer.--
The Chief Administrative Hearing Officer shall hear cases
brought under sections 274A, 274B, and 274C of the
Immigration and Nationality Act.
SEC. 1306. REMOVAL OF JUDGES.
Immigration judges and Members of the Board may be removed
from office only for good cause, including neglect of duty or
malfeasance, by the Director, in consultation with the Chair
of the Board, in the case of the removal of a Member of the
Board, or in consultation with the Chief Immigration Judge,
in the case of the removal of an immigration judge.
SEC. 1307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Agency such
sums as may be necessary to carry out this title.
Subtitle B--Transfer of Functions and Savings Provisions
SEC. 1311. TRANSITION PROVISIONS.
(a) Transfer of Functions.--All functions under the
immigration laws of the United States (as defined in section
111(e) of the Immigration and Nationality Act, as added by
section 1101(a)(2) of this Act) vested by statute in, or
exercised by, the Executive Office of Immigration Review of
the Department of Justice (or any officer, employee, or
component thereof), immediately prior to the effective date
of this title, are transferred to the Agency.
(b) Transfer and Allocations of Appropriations and
Personnel.--The personnel employed in connection with, and
the assets, liabilities, contracts, property, records, and
unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising
from, available to, or to be made available in connection
with the functions transferred by this section, subject to
section 1531 of title 31, United States Code, shall be
transferred to the Agency. Unexpended funds transferred
pursuant to this section shall be used only for the purposes
for which the funds were originally authorized and
appropriated.
(c) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, recognition
of labor organizations, agreements, including collective
bargaining agreements, certificates, licenses, and
privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the Attorney General or the Executive
Office of Immigration Review of the Department of Justice,
their delegates, or any other Government official, or by a
court of competent jurisdiction, in the performance of any
function that is transferred under this section; and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to
their terms as in effect on such effective date);
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the Agency, any other authorized
official, a court of competent jurisdiction, or operation of
law, except that any collective bargaining agreement shall
remain in effect until the date of termination specified in
the agreement.
(d) Proceedings.--
(1) Pending.--The transfer of functions under subsection
(a) shall not affect any proceeding or any application for
any benefit, service, license, permit, certificate, or
financial assistance pending on the effective date of this
title before an office whose functions are transferred
pursuant to this section, but such proceedings and
applications shall be continued.
(2) Orders.--Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be made
pursuant
[[Page S8134]]
to such orders, as if this Act had not been enacted, and
orders issued in any such proceeding shall continue in effect
until modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or
by operation of law.
(3) Discontinuance or modification.--Nothing in this
section shall be considered to prohibit the discontinuance or
modification of any such proceeding under the same terms and
conditions and to the same extent that such proceeding could
have been discontinued or modified if this section had not
been enacted.
(e) Suits.--This section shall not affect suits commenced
before the effective date of this title, and in all such
suits, proceeding shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if
this section had not been enacted.
(f) Nonabatement of Actions.--No suit, action, or other
proceeding commenced by or against the Department of Justice
or the Executive Office of Immigration Review, or by or
against any individual in the official capacity of such
individual as an officer or employee in connection with a
function transferred under this section, shall abate by
reason of the enactment of this Act.
(g) Continuance of Suit With Substitution of Parties.--If
any Government officer in the official capacity of such
officer is party to a suit with respect to a function of the
officer, and pursuant to this section such function is
transferred to any other officer or office, then such suit
shall be continued with the other officer or the head of such
other office, as applicable, substituted or added as a party.
(h) Administrative Procedure and Judicial Review.--Except
as otherwise provided by this title, any statutory
requirements relating to notice, hearings, action upon the
record, or administrative or judicial review that apply to
any function transferred pursuant to any provision of this
section shall apply to the exercise of such function by the
head of the office, and other officers of the office, to
which such function is transferred pursuant to such
provision.
Subtitle C--Effective Date
SEC. 1321. EFFECTIVE DATE.
This title shall take effect one year after the effective
date of division A of this Act.
DIVISION C--FEDERAL WORKFORCE IMPROVEMENT
TITLE XXI--CHIEF HUMAN CAPITAL OFFICERS
SEC. 2101. SHORT TITLE.
This title may be cited as the "Chief Human Capital
Officers Act of 2002".
SEC. 2102. AGENCY CHIEF HUMAN CAPITAL OFFICERS.
(a) In General.--Part II of title 5, United States Code, is
amended by inserting after chapter 13 the following:
"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.
"Sec. 1401. Establishment of agency Chief Human Capital
Officers
"The head of each agency referred to under paragraphs (1)
and (2) of section 901(b) of title 31 shall appoint 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 agency's
responsibilities for selecting, developing, training, and
managing a high-quality, productive workforce 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.
"Sec. 1402. Authority and functions of agency Chief Human
Capital Officers
"(a) The functions of each Chief Human Capital Officer
shall include--
"(1) setting the workforce development strategy of the
agency;
"(2) assessing workforce characteristics and future needs
based on the agency's mission and strategic plan;
"(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 intellectual 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, recommendations, 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 assistance as may be
necessary for carrying out the duties and responsibilities
provided by this chapter from any Federal, State, or local
governmental entity.".
(b) Technical and Conforming Amendment.--The table of
chapters for part II of title 5, United States Code, is
amended by inserting after the item relating to chapter 13
the following:
"14. Chief Human Capital Officers..........................1401".....
SEC. 2103. 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 Executive
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 matters as
modernization of human resources systems, improved quality of
human resources information, and legislation affecting human
resources operations and organizations.
(c) Employee Labor Organizations at Meetings.--The Chief
Human Capital Officers Council shall ensure that
representatives of Federal employee labor organizations are
present at a minimum of 1 meeting of the Council each year.
Such representatives shall not be members 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. 2104. 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
"(ii) integrating those strategies into the budget and
strategic plans of those agencies;
"(B) closing skill gaps in mission critical occupations;
"(C) ensuring continuity of effective leadership through
implementation of recruitment, development, 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 investment 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. 2105. EFFECTIVE DATE.
This title shall take effect 180 days after the date of
enactment of this division.
TITLE XXII--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
SEC. 2201. INCLUSION OF AGENCY HUMAN CAPITAL STRATEGIC
PLANNING IN PERFORMANCE PLANS AND PROGRAM
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 performance goals
and objectives are to be achieved, including the operational
processes, training, skills and technology, and the human,
capital, information, and other resources and strategies
required to meet those performance goals and objectives.";
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following:
"(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 described
under subsection (a)(3).".
(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 paragraph (6); and
(3) by inserting after paragraph (4) the following:
"(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. 2202. 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;
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(B) in paragraph (2), by striking the period and inserting
"; and"; and
(C) by adding at the end the following:
"(3) authority for agencies to appoint, without regard to
the provisions of sections 3309 through 3318, candidates
directly to positions for which--
"(A) public notice has been given; and
"(B) the Office of Personnel Management has determined
that there exists a severe shortage of candidates or there is
a critical hiring need.
The Office shall prescribe, by regulation, criteria for
identifying such positions and may delegate authority to make
determinations under such criteria."; and
(2) by inserting after section 3318 the following:
"Sec. 3319. Alternative ranking and selection procedures
"(a)(1) the Office, in exercising its authority under
section 3304; or
"(2) an agency to which the Office has delegated examining
authority under section 1104(a)(2);
may establish category rating systems for evaluating
applicants for positions in the competitive service, under 2
or more quality 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 preference-
eligibles who have a compensable service-connected disability
of 10 percent or more shall be listed in the highest quality
category.
"(c)(1) An appointing official may select any applicant in
the highest quality category or, if fewer than 3 candidates
have been assigned to the highest quality category, 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
requirements 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 hiring of
veterans and minorities, including those who are American
Indian or Alaska Natives, Asian, Black or African American,
and native Hawaiian or other Pacific Islander; and
"(3) the way in which managers were trained in the
administration of that system.
"(e) The Office of Personnel Management may prescribe 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. 2203. PERMANENT EXTENSION, REVISION, AND EXPANSION OF
AUTHORITIES FOR USE OF VOLUNTARY SEPARATION
INCENTIVE PAY AND VOLUNTARY EARLY RETIREMENT.
(a) Voluntary Separation Incentive Payments.--
(1) In general.--
(A) Amendment to title 5, united states code.--Chapter 35
of title 5, United States Code, is amended by inserting after
subchapter I the following:
"SUBCHAPTER II--VOLUNTARY SEPARATION INCENTIVE PAYMENTS
"Sec. 3521. Definitions
"In this subchapter, the term--
"(1) `agency' means an Executive agency as defined under
section 105; and
"(2) `employee'--
"(A) means an employee as defined under section 2105
employed by an agency and an individual employed by a county
committee established under section 8(b)(5) of the Soil
Conservation 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 another 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 for misconduct or unacceptable
performance;
"(iv) an employee who has previously received any
voluntary separation incentive payment from the Federal
Government under this subchapter or any other authority;
"(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 benefit 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
section 5753; or
"(III) during the 12-month period preceding the date of
separation of that employee, performed service for which a
retention bonus was or is to be paid under section 5754.
"Sec. 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 employees will
be offered incentives;
"(3) the time period during which incentives may be paid;
"(4) the number and amounts of voluntary separation
incentive payments to be offered; and
"(5) a description of how the agency will operate without
the eliminated positions and functions.
"(c) The Director of the Office of Personnel Management
shall review each agency's plan and may make any appropriate
modifications in the plan, in consultation with the Director
of the Office of Management and Budget. A plan under this
section may not be implemented without the approval of the
Director of the Office of Personnel Management.
"Sec. 3523. Authority to provide voluntary separation
incentive payments
"(a) A voluntary separation incentive payment under this
subchapter may be paid to an employee only as provided 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 levels;
"(C) 1 or more geographical locations;
"(D) skills, knowledge, or other factors related to a
position;
"(E) specific periods of time during which eligible
employees may elect a voluntary incentive payment; or
"(F) any appropriate combination of such factors;
"(2) shall be paid in a lump sum after the employee'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 section 5595(c) if the employee
were entitled to payment under such section (without
adjustment 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 employee who
voluntarily separates (whether by retirement 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 determining the
amount of any severance pay to which the employee may be
entitled under section 5595, based on any other separation;
and
"(7) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
"Sec. 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 employment under
such a contract.
"(b) An individual who has received a voluntary separation
incentive payment under this subchapter and accepts any
employment for compensation with the Government of the United
States within 5 years after the date of the separation on
which the payment is based shall be required to pay, before
the individual's first day of employment, 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 Commission, the
Director of the Office of Personnel Management may, at the
request of the head of the agency, waive the repayment if--
"(A) the individual involved possesses unique abilities
and is the only qualified applicant available for the
position; or
"(B) in the 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.
[[Page S8136]]
"(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
individual 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.
"Sec. 3525. Regulations
"The Office of Personnel Management may prescribe
regulations to carry out this subchapter.".
(B) Technical and conforming amendments.--Chapter 35 of
title 5, United States Code, is amended--
(i) by striking the chapter heading and inserting the
following:
"CHAPTER 35--RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE
PAYMENTS, RESTORATION, AND REEMPLOYMENT"; and
(ii) in the table of sections by inserting 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 payments.
"3524. Effect of subsequent employment with the Government.
"3525. Regulations.".
(2) Administrative office of the united states courts.--The
Director of the Administrative Office of the United States
Courts may, by regulation, establish a program substantially
similar to the program established under paragraph (1) for
individuals serving in the judicial branch.
(3) Continuation of other authority.--Any agency exercising
any voluntary separation incentive authority in effect on the
effective date of this subsection may continue to offer
voluntary separation incentives consistent with that
authority until that authority expires.
(4) Effective date.--This subsection shall take effect 60
days after the date of enactment of this Act.
(b) Federal Employee Voluntary Early Retirement.--
(1) Civil service retirement system.--Section 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 employee is to
be involuntarily separated for misconduct 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 reorganization, substantial
reductions in force, substantial transfer of function, or
other substantial workforce restructuring (or shaping);
"(ii) a significant percentage of employees serving in
such agency (or component) 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
"(E) as determined by the agency under regulations
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 levels;
"(iii) 1 or more geographical locations;
"(iv) specific periods;
"(v) skills, knowledge, or other factors related to a
position; or
"(vi) any appropriate combination of such factors;".
(2) Federal employees' retirement system.--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
determination 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 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 reorganization, substantial
reductions in force, substantial transfer of function, or
other substantial workforce restructuring (or shaping);
"(II) a significant percentage of employees serving in
such agency (or component) 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 retirement, 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 locations;
"(IV) specific periods;
"(V) skills, knowledge, or other factors related to a
position; or
"(VI) any appropriate combination of such factors;".
(3) General accounting office authority.--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 Stat. 1063).
(4) Technical and conforming amendment.--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 Congress that
the implementation of this section is intended to reshape the
Federal workforce and not downsize the Federal workforce.
SEC. 2204. STUDENT VOLUNTEER TRANSIT SUBSIDY.
(a) In General.--Section 7905(a)(1) of title 5, United
States Code, is amended by striking "and a member of a
uniformed service" and inserting ", a member of a uniformed
service, and a student who provides voluntary 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 inserting "section 7905
(relating to commuting by means other than single-occupancy
motor vehicles), chapter 81".
TITLE XXIII--REFORMS RELATING TO THE SENIOR EXECUTIVE SERVICE
SEC. 2301. 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;
(iii) by striking paragraph (3); and
(iv) by striking the last sentence;
(B) in section 3593(a), by striking paragraph (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 executive 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 removal 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 sentence, by striking
", except that such reduction shall not apply in the case of
an employee retiring under section 8336(h) for failure to be
recertified 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 recertified as a senior executive shall be
entitled to an annuity supplement without regard to such
applicable minimum 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 subsection
(a)(2)(B) shall not apply with respect to an individual who,
before the effective date of this section, leaves the Senior
[[Page S8137]]
Executive Service for failure to be recertified as a senior
executive under section 3393a of title 5, United States Code.
SEC. 2302. ADJUSTMENT OF LIMITATION ON TOTAL ANNUAL
COMPENSATION.
Section 5307(a) of title 5, United States Code, is amended
by adding at the end the following:
"(3) Notwithstanding paragraph (1), the total payment
referred to under such paragraph with respect to an employee
paid under section 5372, 5376, or 5383 of title 5 or section
332(f), 603, or 604 of title 28 shall not exceed the total
annual compensation payable to the Vice President under
section 104 of title 3. Regulations prescribed under
subsection (c) may extend the application of this paragraph
to other equivalent categories of employees.".
TITLE XXIV--ACADEMIC TRAINING
SEC. 2401. ACADEMIC TRAINING.
(a) Academic Degree Training.--Section 4107 of title 5,
United States Code, is amended to read as follows:
"Sec. 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 training 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;
"(2) is part of a planned, systematic, and coordinated
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 recognized
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 minority groups, and persons with
disabilities are appropriately represented in Government
service; and
"(B) provide employees effective education and training to
improve organizational and individual performance;
"(2) assure that the training is not for the sole purpose
of providing an employee an opportunity to obtain an academic
degree or to qualify for appointment to a particular position
for which the academic degree is a basic requirement;
"(3) assure that no authority under this subsection is
exercised on behalf of any employee occupying or seeking to
qualify for--
"(A) a noncareer appointment in the Senior Executive
Service; or
"(B) appointment to any position that is excepted from the
competitive service because of its confidential policy-
determining, policymaking, 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. 2402. MODIFICATIONS TO NATIONAL SECURITY EDUCATION
PROGRAM.
(a) Findings and Policies.--
(1) Findings.--Congress finds that--
(A) the United States Government actively encourages and
financially supports the training, education, and development
of many United States citizens;
(B) as a condition of some of those supports, many of those
citizens have an obligation to seek either compensated or
uncompensated employment in the Federal sector; and
(C) it is in the United States national interest to
maximize the return to the Nation of funds invested in the
development of such citizens by seeking to employ them in the
Federal sector.
(2) Policy.--It shall be the policy of the United States
Government to--
(A) establish procedures for ensuring that United States
citizens who have incurred service obligations as the result
of receiving financial support for education and training
from the United States Government and have applied for
Federal positions are considered in all recruitment and
hiring initiatives of Federal departments, bureaus, agencies,
and offices; and
(B) advertise and open all Federal positions to United
States citizens who have incurred service obligations with
the United States Government as the result of receiving
financial support for education and training from the United
States Government.
(b) Fulfillment of Service Requirement if National Security
Positions Are Unavailable.-- Section 802(b)(2) of the David
L. Boren National Security 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
position in an agency or office of the Federal Government
having national security responsibilities is available, work
in other offices or agencies of the Federal Government or in
the field of higher education in a discipline relating to the
foreign country, foreign language, area study, or
international field of study for which the scholarship was
awarded, for a period specified by the Secretary, which
period shall be determined 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
position 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 the
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
period shall be established in accordance with clause (i);
and".
SEC. 2403. COMPENSATORY TIME OFF FOR TRAVEL.
Subchapter V of chapter 55 of title 5, United States Code,
is amended by adding at end the following:
"Sec. 5550b. Compensatory time off for travel
"(a) An employee shall receive 1 hour of compensatory time
off for each hour spent by the employee in travel status away
from the official duty station of the employee, to the extent
that the time spent in travel status is not otherwise
compensable.
"(b) Not later than 30 days after the date of enactment of
this section, the Office of Personnel Management shall
prescribe regulations to implement this section.".
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