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5005
An Act
To establish the Department of Homeland Security, and for other purposes.
remain the lead agency for the Federal Response Plan estab-
lished under Executive Order No. 12148 (44 Fed. Reg. 43239)
and Executive Order No. 12656 (53 Fed. Reg. 47491).
(2) REVISION OF RESPONSE PLAN.Not later than 60 days
after the date of enactment of this Act, the Director of the
Federal Emergency Management Agency shall revise the Fed-
eral Response Plan to reflect the establishment of and incor-
porate the Department.
SEC. 508. USE OF NATIONAL PRIVATE SECTOR NETWORKS IN EMER-
GENCY RESPONSE.
To the maximum extent practicable, the Secretary shall use
national private sector networks and infrastructure for emergency
response to chemical, biological, radiological, nuclear, or explosive
disasters, and other major disasters.
SEC. 509. USE OF COMMERCIALLY AVAILABLE TECHNOLOGY, GOODS,
AND SERVICES.
It is the sense of Congress that
(1) the Secretary should, to the maximum extent possible,
use off-the-shelf commercially developed technologies to ensure
that the Departments information technology systems allow
the Department to collect, manage, share, analyze, and dissemi-
nate information securely over multiple channels of communica-
tion; and
(2) in order to further the policy of the United States
to avoid competing commercially with the private sector, the
Secretary should rely on commercial sources to supply the
goods and services needed by the Department.
TITLE VIIMANAGEMENT
SEC. 701. UNDER SECRETARY FOR MANAGEMENT.
(a) IN GENERAL.The Secretary, acting through the Under
Secretary for Management, shall be responsible for the management
and administration of the Department, including the following:
(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.
(7) Identification and tracking of performance measures
relating to the responsibilities of the Department.
(8) Grants and other assistance management programs.
(9) The transition and reorganization process, to ensure
an efficient and orderly transfer of functions and personnel
to the Department, including the development of a transition
plan.
(10) The conduct of internal audits and management anal-
yses of the programs and activities of the Department.
(11) Any other management duties that the Secretary may
designate.
(b) IMMIGRATION.
(1) IN GENERAL.In addition to the responsibilities
described in subsection (a), the Under Secretary for Manage-
ment shall be responsible for the following:
(A) Maintenance of all immigration statistical informa-
tion of the Bureau of Border Security and the Bureau
of Citizenship and Immigration Services. Such statistical
information shall include information and statistics of the
H. R. 500585
Subtitle DAcquisitions
SEC. 831. RESEARCH AND DEVELOPMENT PROJECTS.
(a) AUTHORITY.During the 5-year period following the effective
date of this Act, the Secretary may carry out a pilot program
under which the Secretary may exercise the following authorities:
(1) IN GENERAL.When the Secretary carries out basic,
applied, and advanced research and development projects,
including the expenditure of funds for such projects, the Sec-
retary may exercise the same authority (subject to the same
limitations and conditions) with respect to such research and
projects as the Secretary of Defense may exercise under section
2371 of title 10, United States Code (except for subsections
(b) and (f)), after making a determination that the use of
a contract, grant, or cooperative agreement for such project
is not feasible or appropriate. The annual report required under
subsection (b) of this section, as applied to the Secretary by
this paragraph, shall be submitted to the President of the
Senate and the Speaker of the House of Representatives.
(2) PROTOTYPE PROJECTS.The Secretary may, under the
authority of paragraph (1), 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 103160). In applying the authorities of that section 845,
subsection (c) of that section shall apply with respect to proto-
type projects under this paragraph, and the Secretary shall
H. R. 500591
Sec.
9701. Establishment of human resources management system.
H. R. 500596
3531. Purposes
The purposes of this subchapter are to
(1) provide a comprehensive framework for ensuring the
effectiveness of information security controls over information
resources that support Federal operations and assets;
(2) recognize the highly networked nature of the current
Federal computing environment and provide effective
governmentwide management and oversight of the related
information security risks, including coordination of information
security efforts throughout the civilian, national security, and
law enforcement communities;
H. R. 5005126
Subtitle CExplosives
SEC. 1121. SHORT TITLE.
This subtitle may be referred to as the Safe Explosives Act.
SEC. 1122. PERMITS FOR PURCHASERS OF EXPLOSIVES.
(a) DEFINITIONS.Section 841 of title 18, United States Code,
is amended
(1) by striking subsection (j) and inserting the following:
(j) Permittee means any user of explosives for a lawful
purpose, who has obtained either a user permit or a limited
permit under the provisions of this chapter.; and
(2) by adding at the end the following:
(r) Alien means any person who is not a citizen or national
of the United States.
(s) Responsible person means an individual who has the
power to direct the management and policies of the applicant
pertaining to explosive materials..
(b) PERMITS FOR PURCHASE OF EXPLOSIVES.Section 842 of
title 18, United States Code, is amended
(1) in subsection (a)(2), by striking and at the end;
(2) by striking subsection (a)(3) and inserting the following:
(3) other than a licensee or permittee knowingly
(A) to transport, ship, cause to be transported, or
receive any explosive materials; or
H. R. 5005147
the premium that the air carrier was paying to the Depart-
ment of Transportation for its third party policy as of
June 19, 2002; and
(B) the coverage in such policy shall begin with the
first dollar of any covered loss that is incurred..
SEC. 1203. CORRECTION OF REFERENCE.
Effective November 19, 2001, section 147 of the Aviation and
Transportation Security Act (Public Law 10771) is amended by
striking (b) and inserting (c).
SEC. 1204. REPORT.
Not later than 90 days after the date of enactment of this
Act, the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
a report that
(A) evaluates the availability and cost of commercial
war risk insurance for air carriers and other aviation enti-
ties for passengers and third parties;
(B) analyzes the economic effect upon air carriers and
other aviation entities of available commercial war risk
insurance; and
(C) describes the manner in which the Department
could provide an alternative means of providing aviation
war risk reinsurance covering passengers, crew, and third
parties through use of a risk-retention group or by other
means.
Sec.
1401. Establishment of agency Chief Human Capital Officers.
1402. Authority and functions of agency Chief Human Capital Officers.
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
H. R. 5005158
(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 deter-
mined 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 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 effec-
tive date of this section, leaves the Senior Executive Service for
failure to be recertified as a senior executive under section 3393a
of title 5, United States Code.
SEC. 1322. ADJUSTMENT OF LIMITATION ON TOTAL ANNUAL COM-
PENSATION.
(a) IN GENERAL.Section 5307 of title 5, United States Code,
is amended by adding at the end the following:
(d)(1) Notwithstanding any other provision of this section,
subsection (a)(1) shall be applied by substituting the total annual
H. R. 5005164
TITLE XVTRANSITION
Subtitle AReorganization Plan
SEC. 1501. DEFINITIONS.
For purposes of this title:
(1) The term agency includes any entity, organizational
unit, program, or function.
H. R. 5005174