Chapter X: Section 510: of the Homeland Security Act of 2002 was redesignated (3)

Nothing in this Act shall be construed as exempting the
Department from requirements applicable with respect to
executive agencies--
(1) to provide equal employment protection for
employees of the Department (including pursuant to the
provisions in section 2302(b)(1) of title 5, United
States Code, and the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (Public
Law 107-174)); or
(2) to provide whistleblower protections for
employees of the Department (including pursuant to the
provisions in section 2302(b)(8) and (9) of such title
and the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002).

SEC. 884. [6 U.S.C. 464] FEDERAL LAW ENFORCEMENT TRAINING CENTER.

(a) In General.--The transfer of an authority or an agency under this Act to the Department of Homeland Security does not affect training agreements already entered into with the Federal Law Enforcement Training Center with respect to the training of personnel to carry out that authority or the duties of that transferred agency. (b) Continuity of Operations.--All activities of the Federal Law Enforcement Training Center transferred to the Department of Homeland Security under this Act shall continue to be carried out at the locations such activities were carried out before such transfer.

SEC. 885. [6 U.S.C. 465] JOINT INTERAGENCY TASK FORCE.

(a) Establishment.--The Secretary may establish and operate a permanent Joint Interagency Homeland Security Task Force composed of representatives from military and civilian agencies of the United States Government for the purposes of anticipating terrorist threats against the United States and taking appropriate actions to prevent harm to the United States. (b) Structure.--It is the sense of Congress that the Secretary should model the Joint Interagency Homeland Security Task Force on the approach taken by the Joint Interagency Task Forces for drug interdiction at Key West, Florida and Alameda, California, to the maximum extent feasible and appropriate.

SEC. 886. [6 U.S.C. 466] SENSE OF CONGRESS REAFFIRMING THE CONTINUED
IMPORTANCE AND APPLICABILITY OF THE POSSE COMITATUS
ACT.

(a) Findings.--Congress finds the following:
(1) Section 1385 of title 18, United States Code
(commonly known as the ``Posse Comitatus Act''),
prohibits the use of the Armed Forces as a posse
comitatus to execute the laws except in cases and under
circumstances expressly authorized by the Constitution
or Act of Congress.
(2) Enacted in 1878, the Posse Comitatus Act was
expressly intended to prevent United States Marshals,
on their own initiative, from calling on the Army for
assistance in enforcing Federal law.
(3) The Posse Comitatus Act has served the Nation
well in limiting the use of the Armed Forces to enforce
the law.
(4) Nevertheless, by its express terms, the Posse
Comitatus Act is not a complete barrier to the use of
the Armed Forces for a range of domestic purposes,
including law enforcement functions, when the use of
the Armed Forces is authorized by Act of Congress or
the President determines that the use of the Armed
Forces is required to fulfill the President's
obligations under the Constitution to respond promptly
in time of war, insurrection, or other serious
emergency.
(5) Existing laws, including chapter 15 of title
10, United States Code (commonly known as the
``Insurrection Act''), and the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), grant the President broad powers that
may be invoked in the event of domestic emergencies,
including an attack against the Nation using weapons of
mass destruction, and these laws specifically authorize
the President to use the Armed Forces to help restore
public order.
(b) Sense of Congress.--Congress reaffirms the continued
importance of section 1385 of title 18, United States Code, and
it is the sense of Congress that nothing in this Act should be
construed to alter the applicability of such section to any use
of the Armed Forces as a posse comitatus to execute the laws.

SEC. 887. [6 U.S.C. 467] 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 Department 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. 888. [6 U.S.C. 468] PRESERVING COAST GUARD MISSION PERFORMANCE.

(a) Definitions.--In this section:
(1) Non-homeland security missions.--The term
``non-homeland security missions'' means the following
missions of the Coast Guard:
(A) Marine safety.
(B) Search and rescue.
(C) Aids to navigation.
(D) Living marine resources (fisheries law
enforcement).
(E) Marine environmental protection.
(F) Ice operations.
(2) Homeland security missions.--The term
``homeland security missions'' means the following
missions of the Coast Guard:
(A) Ports, waterways and coastal security.
(B) Drug interdiction.
(C) Migrant interdiction.
(D) Defense readiness.
(E) Other law enforcement.
(b) Transfer.--There are transferred to the Department the
authorities, functions, personnel, and assets of the Coast
Guard, which shall be maintained as a distinct entity within
the Department, including the authorities and functions of the
Secretary of Transportation relating thereto.
(c) Maintenance of Status of Functions and Assets.--
Notwithstanding any other provision of this Act, the
authorities, functions, and capabilities of the Coast Guard to
perform its missions shall be maintained intact and without
significant reduction after the transfer of the Coast Guard to
the Department, except as specified in subsequent Acts.
(d) Certain Transfers Prohibited.--No mission, function, or
asset (including for purposes of this subsection any ship,
aircraft, or helicopter) of the Coast Guard may be diverted to
the principal and continuing use of any other organization,
unit, or entity of the Department, except for details or
assignments that do not reduce the Coast Guard's capability to
perform its missions.
(e) Changes to Missions.--
(1) Prohibition.--The Secretary may not
substantially or significantly reduce the missions of
the Coast Guard or the Coast Guard's capability to
perform those missions, except as specified in
subsequent Acts.
(2) Waiver.--The Secretary may waive the
restrictions under paragraph (1) for a period of not to
exceed 90 days upon a declaration and certification by
the Secretary to Congress that a clear, compelling, and
immediate need exists for 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 if the
restrictions under paragraph (1) are not waived.
(f) Annual Review.--
(1) 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.
(2) Report.--The report under this paragraph shall
be submitted to--
(A) the Committee on Governmental Affairs
of the Senate;
(B) the Committee on Government Reform of
the House of Representatives;
(C) the Committees on Appropriations of the
Senate and the House of Representatives;
(D) the Committee on Commerce, Science, and
Transportation of the Senate; and
(E) the Committee on Transportation and
Infrastructure of the House of Representatives.
(g) 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.
(h) Operation as a Service in the Navy.--None of the
conditions and restrictions in this section shall apply when
the Coast Guard operates as a service in the Navy under section
3 of title 14, United States Code.
(i) Report on Accelerating the Integrated Deepwater
System.--Not later than 90 days after the date of enactment of
this Act, the Secretary, in consultation with the Commandant of
the Coast Guard, shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committees on Appropriations of the
Senate and the House of Representatives that--
(1) analyzes the feasibility of accelerating the
rate of procurement in the Coast Guard's Integrated
Deepwater System from 20 years to 10 years;
(2) includes an estimate of additional resources
required;
(3) describes the resulting increased capabilities;
(4) outlines any increases in the Coast Guard's
homeland security readiness;
(5) describes any increases in operational
efficiencies; and
(6) provides a revised asset phase-in time line.
* * * * * * *

SEC. 889. HOMELAND SECURITY FUNDING ANALYSIS IN PRESIDENT'S BUDGET.

(a) * * *
* * * * * * *
(c) [31 U.S.C. 1105 note] Effective Date.--This section and
the amendment made by this section shall apply beginning with
respect to the fiscal year 2005 budget submission.
* * * * * * *

Subtitle I--Information Sharing

SEC. 891. [6 U.S.C. 481] SHORT TITLE; FINDINGS; AND SENSE OF CONGRESS.

(a) Short Title.--This subtitle may be cited as the
``Homeland Security Information Sharing Act''.
(b) Findings.--Congress finds the following:
(1) The Federal Government is required by the
Constitution to provide for the common defense, which
includes terrorist attack.
(2) The Federal Government relies on State and
local personnel to protect against terrorist attack.
(3) The Federal Government collects, creates,
manages, and protects classified and sensitive but
unclassified information to enhance homeland security.
(4) Some homeland security information is needed by
the State and local personnel to prevent and prepare
for terrorist attack.
(5) The needs of State and local personnel to have
access to relevant homeland security information to
combat terrorism must be reconciled with the need to
preserve the protected status of such information and
to protect the sources and methods used to acquire such
information.
(6) Granting security clearances to certain State
and local personnel is one way to facilitate the
sharing of information regarding specific terrorist
threats among Federal, State, and local levels of
government.
(7) Methods exist to declassify, redact, or
otherwise adapt classified information so it may be
shared with State and local personnel without the need
for granting additional security clearances.
(8) State and local personnel have capabilities and
opportunities to gather information on suspicious
activities and terrorist threats not possessed by
Federal agencies.
(9) The Federal Government and State and local
governments and agencies in other jurisdictions may
benefit from such information.
(10) Federal, State, and local governments and
intelligence, law enforcement, and other emergency
preparation and response agencies must act in
partnership to maximize the benefits of information
gathering and analysis to prevent and respond to
terrorist attacks.
(11) Information systems, including the National
Law Enforcement Telecommunications System and the
Terrorist Threat Warning System, have been established
for rapid sharing of classified and sensitive but
unclassified information among Federal, State, and
local entities.
(12) Increased efforts to share homeland security
information should avoid duplicating existing
information systems.
(c) Sense of Congress.--It is the sense of Congress that
Federal, State, and local entities should share homeland
security information to the maximum extent practicable, with
special emphasis on hard-to-reach urban and rural communities.

SEC. 892. [6 U.S.C. 482] FACILITATING HOMELAND SECURITY INFORMATION
SHARING PROCEDURES.

(a) Procedures for Determining Extent of Sharing of
Homeland Security Information.--
(1) The President shall prescribe and implement
procedures under which relevant Federal agencies--
(A) share relevant and appropriate homeland
security information with other Federal
agencies, including the Department, and
appropriate State and local personnel;
(B) identify and safeguard homeland
security information that is sensitive but
unclassified; and
(C) to the extent such information is in
classified form, determine whether, how, and to
what extent to remove classified information,
as appropriate, and with which such personnel
it may be shared after such information is
removed.
(2) The President shall ensure that such procedures
apply to all agencies of the Federal Government.
(3) Such procedures shall not change the
substantive requirements for the classification and
safeguarding of classified information.
(4) Such procedures shall not change the
requirements and authorities to protect sources and
methods.
(b) Procedures for Sharing of Homeland Security
Information.--
(1) Under procedures prescribed by the President,
all appropriate agencies, including the intelligence
community, shall, through information sharing systems,
share homeland security information with Federal
agencies and appropriate State and local personnel to
the extent such information may be shared, as
determined in accordance with subsection (a), together
with assessments of the credibility of such
information.
(2) Each information sharing system through which
information is shared under paragraph (1) shall--
(A) have the capability to transmit
unclassified or classified information, though
the procedures and recipients for each
capability may differ;
(B) have the capability to restrict
delivery of information to specified subgroups
by geographic location, type of organization,
position of a recipient within an organization,
or a recipient's need to know such information;
(C) be configured to allow the efficient
and effective sharing of information; and
(D) be accessible to appropriate State and
local personnel.
(3) The procedures prescribed under paragraph (1)
shall establish conditions on the use of information
shared under paragraph (1)--
(A) to limit the redissemination of such
information to ensure that such information is
not used for an unauthorized purpose;
(B) to ensure the security and
confidentiality of such information;
(C) to protect the constitutional and
statutory rights of any individuals who are
subjects of such information; and
(D) to provide data integrity through the
timely removal and destruction of obsolete or
erroneous names and information.
(4) The procedures prescribed under paragraph (1)
shall ensure, to the greatest extent practicable, that
the information sharing system through which
information is shared under such paragraph include
existing information sharing systems, including, but
not limited to, the National Law Enforcement
Telecommunications System, the Regional Information
Sharing System, and the Terrorist Threat Warning System
of the Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as determined
by the President, shall have access to each information
sharing system through which information is shared
under paragraph (1), and shall therefore have access to
all information, as appropriate, shared under such
paragraph.
(6) The procedures prescribed under paragraph (1)
shall ensure that appropriate State and local personnel
are authorized to use such information sharing
systems--
(A) to access information shared with such
personnel; and
(B) to share, with others who have access
to such information sharing systems, the
homeland security information of their own
jurisdictions, which shall be marked
appropriately as pertaining to potential
terrorist activity.
(7) Under procedures prescribed jointly by the
Director of Central Intelligence and the Attorney
General, each appropriate Federal agency, as determined
by the President, shall review and assess the
information shared under paragraph (6) and integrate
such information with existing intelligence.
(c) Sharing of Classified Information and Sensitive but
Unclassified Information With State and Local Personnel.--
(1) The President shall prescribe procedures under
which Federal agencies may, to the extent the President
considers necessary, share with appropriate State and
local personnel homeland security information that
remains classified or otherwise protected after the
determinations prescribed under the procedures set
forth in subsection (a).
(2) It is the sense of Congress that such
procedures may include 1 or more of the following
means:
(A) Carrying out security clearance
investigations with respect to appropriate
State and local personnel.
(B) With respect to information that is
sensitive but unclassified, entering into
nondisclosure agreements with appropriate State
and local personnel.
(C) Increased use of information-sharing
partnerships that include appropriate State and
local personnel, such as the Joint Terrorism
Task Forces of the Federal Bureau of
Investigation, the Anti-Terrorism Task Forces
of the Department of Justice, and regional
Terrorism Early Warning Groups.
(3)(A) The Secretary shall establish a program to
provide appropriate training to officials described in
subparagraph (B) in order to assist such officials in--
(i) identifying sources of potential
terrorist threats through such methods as the
Secretary determines appropriate;
(ii) reporting information relating to such
potential terrorist threats to the appropriate
Federal agencies in the appropriate form and
manner;
(iii) assuring that all reported
information is systematically submitted to and
passed on by the Department for use by
appropriate Federal agencies; and
(iv) understanding the mission and roles of
the intelligence community to promote more
effective information sharing among Federal,
State, and local officials and representatives
of the private sector to prevent terrorist
attacks against the United States.
(B) The officials referred to in subparagraph (A)
are officials of State and local government agencies
and representatives of private sector entities with
responsibilities relating to the oversight and
management of first responders, counterterrorism
activities, or critical infrastructure.
(C) The Secretary shall consult with the Attorney
General to ensure that the training program established
in subparagraph (A) does not duplicate the training
program established in section 908 of the USA PATRIOT
Act (Public Law 107-56; 28 U.S.C. 509 note).
(D) The Secretary shall carry out this paragraph in
consultation with the Director of Central Intelligence
and the Attorney General.
(d) Responsible Officials.--For each affected Federal
agency, the head of such agency shall designate an official to
administer this Act with respect to such agency.
(e) Federal Control of Information.--Under procedures
prescribed under this section, information obtained by a State
or local government from a Federal agency under this section
shall remain under the control of the Federal agency, and a
State or local law authorizing or requiring such a government
to disclose information shall not apply to such information.
(f) Definitions.--As used in this section:
(1) The term ``homeland security information''
means any information possessed by a Federal, State, or
local agency that--
(A) relates to the threat of terrorist
activity;
(B) relates to the ability to prevent,
interdict, or disrupt terrorist activity;
(C) would improve the identification or
investigation of a suspected terrorist or
terrorist organization; or
(D) would improve the response to a
terrorist act.
(2) The term ``intelligence community'' has the
meaning given such term in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
(3) The term ``State and local personnel'' means
any of the following persons involved in prevention,
preparation, or response for terrorist attack:
(A) State Governors, mayors, and other
locally elected officials.
(B) State and local law enforcement
personnel and firefighters.
(C) Public health and medical
professionals.
(D) Regional, State, and local emergency
management agency personnel, including State
adjutant generals.
(E) Other appropriate emergency response
agency personnel.
(F) Employees of private-sector entities
that affect critical infrastructure, cyber,
economic, or public health security, as
designated by the Federal Government in
procedures developed pursuant to this section.
(4) The term ``State'' includes the District of
Columbia and any commonwealth, territory, or possession
of the United States.
(g) Construction.--Nothing in this Act shall be construed
as authorizing any department, bureau, agency, officer, or
employee of the Federal Government to request, receive, or
transmit to any other Government entity or personnel, or
transmit to any State or local entity or personnel otherwise
authorized by this Act to receive homeland security
information, any information collected by the Federal
Government solely for statistical purposes in violation of any
other provision of law relating to the confidentiality of such
information.

SEC. 893. [6 U.S.C. 483] REPORT.

(a) Report Required.--Not later than 12 months after the date of the enactment of this Act, the President shall submit to the congressional committees specified in subsection (b) a report on the implementation of section 892. The report shall include any recommendations for additional measures or appropriation requests, beyond the requirements of section 892, to increase the effectiveness of sharing of information between and among Federal, State, and local entities. (b) Specified Congressional Committees.--The congressional committees referred to in subsection (a) are the following committees: (1) The Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives. (2) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate.

SEC. 894. [6 U.S.C. 484] AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary to carry out section 892.
* * * * * * *

Subtitle J--Secure Handling of Ammonium Nitrate

SEC. 899A. [6 U.S.C. 488] DEFINITIONS.

In this subtitle:
(1) Ammonium nitrate.--The term ``ammonium
nitrate'' means--
(A) solid ammonium nitrate that is chiefly
the ammonium salt of nitric acid and contains
not less than 33 percent nitrogen by weight;
and
(B) any mixture containing a percentage of
ammonium nitrate that is equal to or greater
than the percentage determined by the Secretary
under section 899B(b).
(2) Ammonium nitrate facility.--The term ``ammonium
nitrate facility'' means any entity that produces,
sells or otherwise transfers ownership of, or provides
application services for ammonium nitrate.
(3) Ammonium nitrate purchaser.--The term
``ammonium nitrate purchaser'' means any person who
purchases ammonium nitrate from an ammonium nitrate
facility.

SEC. 899B. [6 U.S.C. 488A] REGULATION OF THE SALE AND TRANSFER OF
AMMONIUM NITRATE.

(a) In General.--The Secretary shall regulate the sale and
transfer of ammonium nitrate by an ammonium nitrate facility in
accordance with this subtitle to prevent the misappropriation
or use of ammonium nitrate in an act of terrorism.
(b) Ammonium Nitrate Mixtures.--Not later than 90 days
after the date of the enactment of this subtitle, the
Secretary, in consultation with the heads of appropriate
Federal departments and agencies (including the Secretary of
Agriculture), shall, after notice and an opportunity for
comment, establish a threshold percentage for ammonium nitrate
in a substance.
(c) Registration of Owners of Ammonium Nitrate
Facilities.--
(1) Registration.--The Secretary shall establish a
process by which any person that--
(A) owns an ammonium nitrate facility is
required to register with the Department; and
(B) registers under subparagraph (A) is
issued a registration number for purposes of
this subtitle.
(2) Registration information.--Any person applying
to register under paragraph (1) shall submit to the
Secretary--
(A) the name, address, and telephone number
of each ammonium nitrate facility owned by that
person;
(B) the name of the person designated by
that person as the point of contact for each
such facility, for purposes of this subtitle;
and
(C) such other information as the Secretary
may determine is appropriate.
(d) Registration of Ammonium Nitrate Purchasers.--
(1) Registration.--The Secretary shall establish a
process by which any person that--
(A) intends to be an ammonium nitrate
purchaser is required to register with the
Department; and
(B) registers under subparagraph (A) is
issued a registration number for purposes of
this subtitle.
(2) Registration information.--Any person applying
to register under paragraph (1) as an ammonium nitrate
purchaser shall submit to the Secretary--
(A) the name, address, and telephone number
of the applicant; and
(B) the intended use of ammonium nitrate to
be purchased by the applicant.
(e) Records.--
(1) Maintenance of records.--The owner of an
ammonium nitrate facility shall--
(A) maintain a record of each sale or
transfer of ammonium nitrate, during the two-
year period beginning on the date of that sale
or transfer; and
(B) include in such record the information
described in paragraph (2).
(2) Specific information required.--For each sale
or transfer of ammonium nitrate, the owner of an
ammonium nitrate facility shall--
(A) record the name, address, telephone
number, and registration number issued under
subsection (c) or (d) of each person that
purchases ammonium nitrate, in a manner
prescribed by the Secretary;
(B) if applicable, record the name,
address, and telephone number of an agent
acting on behalf of the person described in
subparagraph (A), at the point of sale;
(C) record the date and quantity of
ammonium nitrate sold or transferred; and
(D) verify the identity of the persons
described in subparagraphs (A) and (B), as
applicable, in accordance with a procedure
established by the Secretary.
(3) Protection of information.--In maintaining
records in accordance with paragraph (1), the owner of
an ammonium nitrate facility shall take reasonable
actions to ensure the protection of the information
included in such records.
(f) Exemption for Explosive Purposes.--The Secretary may
exempt from this subtitle a person producing, selling, or
purchasing ammonium nitrate exclusively for use in the
production of an explosive under a license or permit issued
under chapter 40 of title 18, United States Code.
(g) Consultation.--In carrying out this section, the
Secretary shall consult with the Secretary of Agriculture,
States, and appropriate private sector entities, to ensure that
the access of agricultural producers to ammonium nitrate is not
unduly burdened.
(h) Data Confidentiality.--
(1) In general.--Notwithstanding section 552 of
title 5, United States Code, or the USA PATRIOT ACT
(Public Law 107-56; 115 Stat. 272), and except as
provided in paragraph (2), the Secretary may not
disclose to any person any information obtained under
this subtitle.
(2) Exception.--The Secretary may disclose any
information obtained by the Secretary under this
subtitle to--
(A) an officer or employee of the United
States, or a person that has entered into a
contract with the United States, who has a need
to know the information to perform the duties
of the officer, employee, or person; or
(B) to a State agency under section 899D,
under appropriate arrangements to ensure the
protection of the information.
(i) Registration Procedures and Check of Terrorist
Screening Database.--
(1) Registration procedures.--
(A) Generally.--The Secretary shall
establish procedures to efficiently receive
applications for registration numbers under
this subtitle, conduct the checks required
under paragraph (2), and promptly issue or deny
a registration number.
(B) Initial six-month registration
period.--The Secretary shall take steps to
maximize the number of registration
applications that are submitted and processed
during the six-month period described in
section 899F(e).
(2) Check of terrorist screening database.--
(A) Check required.--The Secretary shall
conduct a check of appropriate identifying
information of any person seeking to register
with the Department under subsection (c) or (d)
against identifying information that appears in
the terrorist screening database of the
Department.
(B) Authority to deny registration
number.--If the identifying information of a
person seeking to register with the Department
under subsection (c) or (d) appears in the
terrorist screening database of the Department,
the Secretary may deny issuance of a
registration number under this subtitle.
(3) Expedited review of applications.--
(A) In general.--Following the six-month
period described in section 899F(e), the
Secretary shall, to the extent practicable,
issue or deny registration numbers under this
subtitle not later than 72 hours after the time
the Secretary receives a complete registration
application, unless the Secretary determines,
in the interest of national security, that
additional time is necessary to review an
application.
(B) Notice of application status.--In all
cases, the Secretary shall notify a person
seeking to register with the Department under
subsection (c) or (d) of the status of the
application of that person not later than 72
hours after the time the Secretary receives a
complete registration application.
(4) Expedited appeals process.--
(A) Requirement.--
(i) Appeals process.--The Secretary
shall establish an expedited appeals
process for persons denied a
registration number under this
subtitle.
(ii) Time period for resolution.--
The Secretary shall, to the extent
practicable, resolve appeals not later
than 72 hours after receiving a
complete request for appeal unless the
Secretary determines, in the interest
of national security, that additional
time is necessary to resolve an appeal.
(B) Consultation.--The Secretary, in
developing the appeals process under
subparagraph (A), shall consult with
appropriate stakeholders.
(C) Guidance.--The Secretary shall provide
guidance regarding the procedures and
information required for an appeal under
subparagraph (A) to any person denied a
registration number under this subtitle.
(5) Restrictions on use and maintenance of
information.--
(A) In general.--Any information
constituting grounds for denial of a
registration number under this section shall be
maintained confidentially by the Secretary and
may be used only for making determinations
under this section.
(B) Sharing of information.--
Notwithstanding any other provision of this
subtitle, the Secretary may share any such
information with Federal, State, local, and
tribal law enforcement agencies, as
appropriate.
(6) Registration information.--
(A) Authority to require information.--The
Secretary may require a person applying for a
registration number under this subtitle to
submit such information as may be necessary to
carry out the requirements of this section.
(B) Requirement to update information.--The
Secretary may require persons issued a
registration under this subtitle to update
registration information submitted to the
Secretary under this subtitle, as appropriate.
(7) Re-checks against terrorist screening
database.--
(A) Re-checks.--The Secretary shall, as
appropriate, recheck persons provided a
registration number pursuant to this subtitle
against the terrorist screening database of the
Department, and may revoke such registration
number if the Secretary determines such person
may pose a threat to national security.
(B) Notice of revocation.--The Secretary
shall, as appropriate, provide prior notice to
a person whose registration number is revoked
under this section and such person shall have
an opportunity to appeal, as provided in
paragraph (4).

SEC. 899C. [6 U.S.C. 488B] INSPECTION AND AUDITING OF RECORDS.

The Secretary shall establish a process for the periodic inspection and auditing of the records maintained by owners of ammonium nitrate facilities for the purpose of monitoring compliance with this subtitle or for the purpose of deterring or preventing the misappropriation or use of ammonium nitrate in an act of terrorism.

SEC. 899D. [6 U.S.C. 488C] ADMINISTRATIVE PROVISIONS.

(a) Cooperative Agreements.--The Secretary--
(1) may enter into a cooperative agreement with the
Secretary of Agriculture, or the head of any State
department of agriculture or its designee involved in
agricultural regulation, in consultation with the State
agency responsible for homeland security, to carry out
the provisions of this subtitle; and
(2) wherever possible, shall seek to cooperate with
State agencies or their designees that oversee ammonium
nitrate facility operations when seeking cooperative
agreements to implement the registration and
enforcement provisions of this subtitle.
(b) Delegation.--
(1) Authority.--The Secretary may delegate to a
State the authority to assist the Secretary in the
administration and enforcement of this subtitle.
(2) Delegation required.--At the request of a
Governor of a State, the Secretary shall delegate to
that State the authority to carry out functions under
sections 899B and 899C, if the Secretary determines
that the State is capable of satisfactorily carrying
out such functions.
(3) Funding.--Subject to the availability of
appropriations, if the Secretary delegates functions to
a State under this subsection, the Secretary shall
provide to that State sufficient funds to carry out the
delegated functions.
(c) Provision of Guidance and Notification Materials to
Ammonium Nitrate Facilities.--
(1) Guidance.--The Secretary shall make available
to each owner of an ammonium nitrate facility
registered under section 899B(c)(1) guidance on--
(A) the identification of suspicious
ammonium nitrate purchases or transfers or
attempted purchases or transfers;
(B) the appropriate course of action to be
taken by the ammonium nitrate facility owner
with respect to such a purchase or transfer or
attempted purchase or transfer, including--
(i) exercising the right of the
owner of the ammonium nitrate facility
to decline sale of ammonium nitrate;
and
(ii) notifying appropriate law
enforcement entities; and
(C) additional subjects determined
appropriate to prevent the misappropriation or
use of ammonium nitrate in an act of terrorism.
(2) Use of materials and programs.--In providing
guidance under this subsection, the Secretary shall, to
the extent practicable, leverage any relevant materials
and programs.
(3) Notification materials.--
(A) In general.--The Secretary shall make
available materials suitable for posting at
locations where ammonium nitrate is sold.
(B) Design of materials.--Materials made
available under subparagraph (A) shall be
designed to notify prospective ammonium nitrate
purchasers of--
(i) the record-keeping requirements
under section 899B; and
(ii) the penalties for violating
such requirements.

SEC. 899E. [6 U.S.C. 488D] THEFT REPORTING REQUIREMENT.

Any person who is required to comply with section 899B(e) who has knowledge of the theft or unexplained loss of ammonium nitrate shall report such theft or loss to the appropriate Federal law enforcement authorities not later than 1 calendar day of the date on which the person becomes aware of such theft or loss. Upon receipt of such report, the relevant Federal authorities shall inform State, local, and tribal law enforcement entities, as appropriate.

SEC. 899F. [6 U.S.C. 488E] PROHIBITIONS AND PENALTY.

(a) Prohibitions.--
(1) Taking possession.--No person shall purchase
ammonium nitrate from an ammonium nitrate facility
unless such person is registered under subsection (c)
or (d) of section 899B, or is an agent of a person
registered under subsection (c) or (d) of that section.
(2) Transferring possession.--An owner of an
ammonium nitrate facility shall not transfer possession
of ammonium nitrate from the ammonium nitrate facility
to any ammonium nitrate purchaser who is not registered
under subsection (c) or (d) of section 899B, or to any
agent acting on behalf of an ammonium nitrate purchaser
when such purchaser is not registered under subsection
(c) or (d) of section 899B.
(3) Other prohibitions.--No person shall--
(A) purchase ammonium nitrate without a
registration number required under subsection
(c) or (d) of section 899B;
(B) own or operate an ammonium nitrate
facility without a registration number required
under section 899B(c); or
(C) fail to comply with any requirement or
violate any other prohibition under this
subtitle.
(b) Civil Penalty.--A person that violates this subtitle
may be assessed a civil penalty by the Secretary of not more
than $50,000 per violation.
(c) Penalty Considerations.--In determining the amount of a
civil penalty under this section, the Secretary shall
consider--
(1) the nature and circumstances of the violation;
(2) with respect to the person who commits the
violation, any history of prior violations, the ability
to pay the penalty, and any effect the penalty is
likely to have on the ability of such person to do
business; and
(3) any other matter that the Secretary determines
that justice requires.
(d) Notice and Opportunity for a Hearing.--No civil penalty
may be assessed under this subtitle unless the person liable
for the penalty has been given notice and an opportunity for a
hearing on the violation for which the penalty is to be
assessed in the county, parish, or incorporated city of
residence of that person.
(e) Delay in Application of Prohibition.--Paragraphs (1)
and (2) of subsection (a) shall apply on and after the date
that is 6 months after the date that the Secretary issues a
final rule implementing this subtitle.

SEC. 899G. [6 U.S.C. 488F] PROTECTION FROM CIVIL LIABILITY.

(a) In General.--Notwithstanding any other provision of law, an owner of an ammonium nitrate facility that in good faith refuses to sell or transfer ammonium nitrate to any person, or that in good faith discloses to the Department or to appropriate law enforcement authorities an actual or attempted purchase or transfer of ammonium nitrate, based upon a reasonable belief that the person seeking purchase or transfer of ammonium nitrate may use the ammonium nitrate to create an explosive device to be employed in an act of terrorism (as defined in section 3077 of title 18, United States Code), or to use ammonium nitrate for any other unlawful purpose, shall not be liable in any civil action relating to that refusal to sell ammonium nitrate or that disclosure. (b) Reasonable Belief.--A reasonable belief that a person may use ammonium nitrate to create an explosive device to be employed in an act of terrorism under subsection (a) may not solely be based on the race, sex, national origin, creed, religion, status as a veteran, or status as a member of the Armed Forces of the United States of that person.

SEC. 899H. [6 U.S.C. 488G] PREEMPTION OF OTHER LAWS.

(a) Other Federal Regulations.--Except as provided in section 899G, nothing in this subtitle affects any regulation issued by any agency other than an agency of the Department. (b) State Law.--Subject to section 899G, this subtitle preempts the laws of any State to the extent that such laws are inconsistent with this subtitle, except that this subtitle shall not preempt any State law that provides additional protection against the acquisition of ammonium nitrate by terrorists or the use of ammonium nitrate in explosives in acts of terrorism or for other illicit purposes, as determined by the Secretary.

SEC. 899I. [6 U.S.C. 488H] DEADLINES FOR REGULATIONS.

The Secretary--
(1) shall issue a proposed rule implementing this
subtitle not later than 6 months after the date of the
enactment of this subtitle; and
(2) issue a final rule implementing this subtitle
not later than 1 year after such date of enactment.

SEC. 899J. [6 U.S.C. 488I] AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary--
(1) $2,000,000 for fiscal year 2008; and
(2) $10,750,000 for each of fiscal years 2009
through 2012.

TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL

SEC. 901. [6 U.S.C. 491] NATIONAL HOMELAND SECURITY COUNCIL.

There is established within the Executive Office of the President a council to be known as the ``Homeland Security Council'' (in this title referred to as the ``Council'').

SEC. 902. [6 U.S.C. 492] FUNCTION.

The function of the Council shall be to advise the
President on homeland security matters.

SEC. 903. [6 U.S.C. 493] MEMBERSHIP.

(a) Members-- \1\The members of the Council shall be the
following:
---------------------------------------------------------------------------
\1\ A period probably should appear prior to the dash in the
heading for subsection (a) of section 903.
---------------------------------------------------------------------------
(1) The President.
(2) The Vice President.
(3) The Secretary of Homeland Security.
(4) The Attorney General.
(5) The Secretary of Defense.
(6) Such other individuals as may be designated by
the President.
(b) Attendance of Chairman of Joint Chiefs of Staff at
Meetings.--The Chairman of the Joint Chiefs of Staff (or, in
the absence of the Chairman, the Vice Chairman of the Joint
Chiefs of Staff) may, in the role of the Chairman of the Joint
Chiefs of Staff as principal military adviser to the Council
and subject to the direction of the President, attend and
participate in meetings of the Council.

SEC. 904. [6 U.S.C. 494] OTHER FUNCTIONS AND ACTIVITIES.

For the purpose of more effectively coordinating the
policies and functions of the United States Government relating
to homeland security, the Council shall--
(1) assess the objectives, commitments, and risks
of the United States in the interest of homeland
security and to make resulting recommendations to the
President;
(2) oversee and review homeland security policies
of the Federal Government and to make resulting
recommendations to the President; and
(3) perform such other functions as the President
may direct.

SEC. 905. [6 U.S.C. 495] STAFF COMPOSITION.

The Council shall have a staff, the head of which shall be a civilian Executive Secretary, who shall be appointed by the President. The President is authorized to fix the pay of the Executive Secretary at a rate not to exceed the rate of pay payable to the Executive Secretary of the National Security Council.

SEC. 906. [6 U.S.C. 496] RELATION TO THE NATIONAL SECURITY COUNCIL.

The President may convene joint meetings of the Homeland Security Council and the National Security Council with participation by members of either Council or as the President may otherwise direct.

TITLE X--INFORMATION SECURITY

SEC. 1001. INFORMATION SECURITY.

(a) [6 U.S.C. 101 note] Short Title.--This title 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
title 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, classified, downgraded, and
declassified 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 Institute 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 Institute of Standards and Technology Act (15 U.S.C. 278g- 3(a)).

TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS

Subtitle 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.

Subtitle 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 subtitle 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 title 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 assure 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
Assets 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 assets of the
Bureau of Alcohol, Tobacco and Firearms, which shall be
maintained as a distinct entity 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 assets 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 title 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 assigned 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 assets 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 title 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.

Subtitle C--Explosives

SEC. 1121. [18 U.S.C. 841 NOTE] SHORT TITLE.

This subtitle 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 title 18, United States Code, before the date of
enactment of this Act, shall remain valid until that
license or permit is revoked under section 843(d) or
expires, or until a timely application for renewal is
acted upon.

* * * * * * *

SEC. 1128. AUTHORIZATION OF APPROPRIATIONS.

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

TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION

* * * * * * *

SEC. 1204. REPORT.

Not later than 90 days after the date of enactment of this
Act, the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that--
(A) evaluates the availability and cost of
commercial war risk insurance for air carriers
and other aviation entities for passengers and
third parties;
(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.

TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT

Subtitle A--Chief Human Capital Officers

SEC. 1301. [5 U.S.C. 101 NOTE] SHORT TITLE.

This title may be cited as the ``Chief Human Capital
Officers Act of 2002''.

* * * * * * *

SEC. 1303. [5 U.S.C. 1401 NOTE] 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. 1305. [5 U.S.C. 1103 NOTE] EFFECTIVE DATE.

This subtitle shall take effect 180 days after the date of
enactment of this Act.

Subtitle B--Reforms Relating to Federal Human Capital Management

* * * * * * *

SEC. 1313. PERMANENT EXTENSION, REVISION, AND EXPANSION OF AUTHORITIES
FOR USE OF VOLUNTARY SEPARATION INCENTIVE PAY AND
VOLUNTARY EARLY RETIREMENT.

(a) Voluntary Separation Incentive Payments.--
(1) * * *

* * * * * * *

(2) [5 U.S.C. 3521 note] 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) [5 U.S.C. 3521 note] 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) [5 U.S.C. 3521 note] Effective date.--This
subsection shall take effect 60 days after the date of
enactment of this Act.

* * * * * * *

(b) Federal Employee Voluntary Early Retirement.--
(1) * * *

* * * * * * *

(3) [5 U.S.C. 8336 note] 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 State. 1063).

* * * * * * *

(5) [5 U.S.C. 8336 note] Regulations.--The Office
of Personnel Management may prescribe regulations to
carry out this subsection.
(c) [5 U.S.C. 3521 note] 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.

* * * * * * *

Subtitle C--Reforms Relating to the Senior Executive Service

* * * * * * *

SEC. 1321. REPEAL OF RECERTIFICATION REQUIREMENTS OF SENIOR EXECUTIVES.

(a) * * *

* * * * * * *

(b) [5 U.S.C. 3592 note] 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) [5 U.S.C. 3593 note] 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 Executive Service for failure to be recertified as a senior executive under section 3393a of title 5, United States Code.

* * * * * * *

Subtitle D--Academic Training

* * * * * * *

SEC. 1332. MODIFICATIONS TO NATIONAL SECURITY EDUCATION PROGRAM.

(a) [5 U.S.C. 3301 note] 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.

* * * * * * *