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[Congressional Record: September 3, 2002 (Senate)]
[Page S8100-S8137]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr03se02-50]                         



 
                           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

[[Page S8103]]

     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

[[Page S8104]]

       (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

[[Page S8112]]

     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--

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       (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.

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       ``(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

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     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.--

[[Page S8128]]

       (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,

[[Page S8130]]

     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;

[[Page S8135]]

       (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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