Homeland Security Act of 2002 Part 20

t.i.tLE X--INFORMATION SECURITY

SEC. 1001. INFORMATION SECURITY.

(a) [6 U.S.C. 101 note] Short t.i.tle.--This t.i.tle may be cited as the ''Federal Information Security Management Act of 2002''.

(c) [6 U.S.C. 511] Information Security Responsibilities of Certain Agencies.-- (1) National security responsibilities.--(A) Nothing in this Act (including any amendment made by this Act) shall supersede any authority of the Secretary of Defense, the Director of Central Intelligence, or other agency head, as authorized by law and as directed by the President, with regard to the operation, control, or management of national security systems, as defined by section 3532(3) of t.i.tle 44, United States Code.

(2) Atomic energy act of 1954.--Nothing in this Act shall supersede any requirement made by or under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).

Restricted Data or Formerly Restricted Data shall be handled, protected, cla.s.sified, downgraded, and decla.s.sified in conformity with the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).

SEC. 1006. [6 U.S.C. 512] CONSTRUCTION.

Nothing in this Act, or the amendments made by this Act, affects the authority of the National Inst.i.tute of Standards and Technology or the Department of Commerce relating to the development and promulgation of standards or guidelines under paragraphs (1) and (2) of section 20(a) of the National Inst.i.tute of Standards and Technology Act (15 U.S.C. 278g- 3(a)).

t.i.tLE XI--DEPARTMENT OF JUSTICE DIVISIONS

Subt.i.tle A--Executive Office for Immigration Review

SEC. 1101. LEGAL STATUS OF EOIR.

(a) [6 U.S.C. 521] Existence of EOIR.--There is in the Department of Justice the Executive Office for Immigration Review, which shall be subject to the direction and regulation of the Attorney General under section 103(g) of the Immigration and Nationality Act, as added by section 1102.

SEC. 1103. [6 U.S.C. 522] STATUTORY CONSTRUCTION.

Nothing in this Act, any amendment made by this Act, or in section 103 of the Immigration and Nationality Act, as amended by section 1102, shall be construed to limit judicial deference to regulations, adjudications, interpretations, orders, decisions, judgments, or any other actions of the Secretary of Homeland Security or the Attorney General.

Subt.i.tle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to the Department of Justice

SEC. 1111. [6 U.S.C. 531] BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.

(a) Establishment.-- (1) In general.--There is established within the Department of Justice under the general authority of the Attorney General the Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this section referred to as the ''Bureau'').

(2) Director.--There shall be at the head of the Bureau a Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this subt.i.tle referred to as the ''Director''). The Director shall be appointed by the President, by and with the advice and consent of the Senate and shall perform such functions as the Attorney General shall direct. The Director shall receive compensation at the rate prescribed by law under section 5314 of t.i.tle V, United States Code, for positions at level III of the Executive Schedule.

(3) Coordination.--The Attorney General, acting through the Director and such other officials of the Department of Justice as the Attorney General may designate, shall provide for the coordination of all firearms, explosives, tobacco enforcement, and arson enforcement functions vested in the Attorney General so as to a.s.sure maximum cooperation between and among any officer, employee, or agency of the Department of Justice involved in the performance of these and related functions.

(4) Performance of transferred functions.--The Attorney General may make such provisions as the Attorney General determines appropriate to authorize the performance by any officer, employee, or agency of the Department of Justice of any function transferred to the Attorney General under this section.

(b) Responsibilities.--Subject to the direction of the Attorney General, the Bureau shall be responsible for investigating-- (1) criminal and regulatory violations of the Federal firearms, explosives, arson, alcohol, and tobacco smuggling laws; (2) the functions transferred by subsection (c); and (3) any other function related to the investigation of violent crime or domestic terrorism that is delegated to the Bureau by the Attorney General.

(c) Transfer of Authorities, Functions, Personnel, and a.s.sets to the Department of Justice.-- (1) In general.--Subject to paragraph (2), but notwithstanding any other provision of law, there are transferred to the Department of Justice the authorities, functions, personnel, and a.s.sets of the Bureau of Alcohol, Tobacco and Firearms, which shall be maintained as a distinct ent.i.ty within the Department of Justice, including the related functions of the Secretary of the Treasury.

(2) Administration and revenue collection functions.--There shall be retained within the Department of the Treasury the authorities, functions, personnel, and a.s.sets of the Bureau of Alcohol, Tobacco and Firearms relating to the administration and enforcement of chapters 51 and 52 of the Internal Revenue Code of 1986, sections 4181 and 4182 of the Internal Revenue Code of 1986, and t.i.tle 27, United States Code.

(3) Building prospectus.--Prospectus PDC-98W10, giving the General Services Administration the authority for site acquisition, design, and construction of a new headquarters building for the Bureau of Alcohol, Tobacco and Firearms, is transferred, and deemed to apply, to the Bureau of Alcohol, Tobacco, Firearms, and Explosives established in the Department of Justice under subsection (a).

(d) Tax and Trade Bureau.-- (1) Establishment.--There is established within the Department of the Treasury the Tax and Trade Bureau.

(2) Administrator.--The Tax and Trade Bureau shall be headed by an Administrator, who shall perform such duties as a.s.signed by the Under Secretary for Enforcement of the Department of the Treasury. The Administrator shall occupy a career-reserved position within the Senior Executive Service.

(3) Responsibilities.--The authorities, functions, personnel, and a.s.sets of the Bureau of Alcohol, Tobacco and Firearms that are not transferred to the Department of Justice under this section shall be retained and administered by the Tax and Trade Bureau.

SEC. 1114. [6 U.S.C. 532] EXPLOSIVES TRAINING AND RESEARCH FACILITY.

(a) Establishment.--There is established within the Bureau an Explosives Training and Research Facility at Fort AP Hill, Fredericksburg, Virginia.

(b) Purpose.--The facility established under subsection (a) shall be utilized to train Federal, State, and local law enforcement officers to-- (1) investigate bombings and explosions; (2) properly handle, utilize, and dispose of explosive materials and devices; (3) train canines on explosive detection; and (4) conduct research on explosives.

(c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated such sums as may be necessary to establish and maintain the facility established under subsection (a).

(2) Availability of funds.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended.

SEC. 1115. [6 U.S.C. 533] PERSONNEL MANAGEMENT DEMONSTRATION PROJECT.

Notwithstanding any other provision of law, the Personnel Management Demonstration Project established under section 102 of t.i.tle I of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999 (Public Law 105-277; 122 Stat. 2681-585) shall be transferred to the Attorney General of the United States for continued use by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, and the Secretary of the Treasury for continued use by the Tax and Trade Bureau.

Subt.i.tle C--Explosives

SEC. 1121. [18 U.S.C. 841 NOTE] SHORT t.i.tLE.

This subt.i.tle may be referred to as the ''Safe Explosives Act''.

SEC. 1122. PERMITS FOR PURCHASERS OF EXPLOSIVES.

(a) * * *

(i) [18 U.S.C. 843 note] Effective Date.-- (1) In general.--The amendments made by this section shall take effect 180 days after the date of enactment of this Act.

(2) Exception.--Notwithstanding any provision of this Act, a license or permit issued under section 843 of t.i.tle 18, United States Code, before the date of enactment of this Act, shall remain valid until that license or permit is revoked under section 843(d) or expires, or until a timely application for renewal is acted upon.

SEC. 1128. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as necessary to carry out this subt.i.tle and the amendments made by this subt.i.tle.

t.i.tLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION

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 ent.i.ties for pa.s.sengers and third parties; (B) a.n.a.lyzes the economic effect upon air carriers and other aviation ent.i.ties 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 pa.s.sengers, crew, and third parties through use of a risk-retention group or by other means.

t.i.tLE XIII--FEDERAL WORKFORCE IMPROVEMENT