Homeland Security Act of 2002 Part 10

SEC. 471. [6 U.S.C. 291] ABOLISHMENT OF INS.

(a) In General.--Upon completion of all transfers from the Immigration and Naturalization Service as provided for by this Act, the Immigration and Naturalization Service of the Department of Justice is abolished.

(b) Prohibition.--The authority provided by section 1502 may be used to reorganize functions or organizational units within the Bureau of Border Security or the Bureau of Citizenship and Immigration Services, but may not be used to recombine the two bureaus into a single agency or otherwise to combine, join, or consolidate functions or organizational units of the two bureaus with each other.

SEC. 472. [6 U.S.C. 292] VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

(a) Definitions.--For purposes of this section-- (1) the term ''employee'' means an employee (as defined by section 2105 of t.i.tle 5, United States Code) who-- (A) has completed at least 3 years of current continuous service with 1 or more covered ent.i.ties; and (B) is serving under an appointment without time limitation, but does not include any person under subparagraphs (A)-(G) of section 663(a)(2) of Public Law 104-208 (5 U.S.C. 5597 note); (2) the term ''covered ent.i.ty'' means-- (A) the Immigration and Naturalization Service; (B) the Bureau of Border Security of the Department of Homeland Security; and (C) the Bureau of Citizenship and Immigration Services of the Department of Homeland Security; and (3) the term ''transfer date'' means the date on which the transfer of functions specified under section 441 takes effect.

(b) Strategic Restructuring Plan.--Before the Attorney General or the Secretary obligates any resources for voluntary separation incentive payments under this section, such official shall submit to the appropriate committees of Congress a strategic restructuring plan, which shall include-- (1) an organizational chart depicting the covered ent.i.ties after their restructuring pursuant to this Act; (2) a summary description of how the authority under this section will be used to help carry out that restructuring; and (3) the information specified in section 663(b)(2) of Public Law 104-208 (5 U.S.C. 5597 note).

As used in the preceding sentence, the ''appropriate committees of Congress'' are the Committees on Appropriations, Government Reform, and the Judiciary of the House of Representatives, and the Committees on Appropriations, Governmental Affairs, and the Judiciary of the Senate.

(c) Authority.--The Attorney General and the Secretary may, to the extent necessary to help carry out their respective strategic restructuring plan described in subsection (b), make voluntary separation incentive payments to employees. Any such payment-- (1) shall be paid to the employee, in a lump sum, after the employee has separated from service; (2) shall be paid from appropriations or funds available for the payment of basic pay of the employee; (3) shall be equal to the lesser of-- (A) the amount the employee would be ent.i.tled to receive under section 5595(c) of t.i.tle 5, United States Code; or (B) an amount not to exceed $25,000, as determined by the Attorney General or the Secretary; (4) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before the end of-- (A) the 3-month period beginning on the date on which such payment is offered or made available to such employee; or (B) the 3-year period beginning on the date of the enactment of this Act, whichever occurs first; (5) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and (6) shall not be taken into account in determining the amount of any severance pay to which the employee may be ent.i.tled under section 5595 of t.i.tle 5, United States Code, based on any other separation.

(d) Additional Agency Contributions to the Retirement Fund.-- (1) In general.--In addition to any payments which it is otherwise required to make, the Department of Justice and the Department of Homeland Security shall, for each fiscal year with respect to which it makes any voluntary separation incentive payments under this section, remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund the amount required under paragraph (2).

(2) Amount required.--The amount required under this paragraph shall, for any fiscal year, be the amount under subparagraph (A) or (B), whichever is greater.

(A) First method.--The amount under this subparagraph shall, for any fiscal year, be equal to the minimum amount necessary to offset the additional costs to the retirement systems under t.i.tle 5, United States Code (payable out of the Civil Service Retirement and Disability Fund) resulting from the voluntary separation of the employees described in paragraph (3), as determined under regulations of the Office of Personnel Management.

(B) Second method.--The amount under this subparagraph shall, for any fiscal year, be equal to 45 percent of the sum total of the final basic pay of the employees described in paragraph (3).

(3) Computations to be based on separations occurring in the fiscal year involved.--The employees described in this paragraph are those employees who receive a voluntary separation incentive payment under this section based on their separating from service during the fiscal year with respect to which the payment under this subsection relates.

(4) Final basic pay defined.--In this subsection, the term ''final basic pay'' means, with respect to an employee, the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor.

(e) Effect of Subsequent Employment With the Government.-- An individual who receives a voluntary separation incentive payment under this section and who, within 5 years after the date of the separation on which the payment is based, accepts any compensated employment with the Government or works for any agency of the Government through a personal services contract, shall be required to pay, prior to the individual's first day of employment, the entire amount of the incentive payment. Such payment shall be made to the covered ent.i.ty from which the individual separated or, if made on or after the transfer date, to the Deputy Secretary or the Under Secretary for Border and Transportation Security (for transfer to the appropriate component of the Department of Homeland Security, if necessary).

(f) Effect on Employment Levels.-- (1) Intended effect.--Voluntary separations under this section are not intended to necessarily reduce the total number of full-time equivalent positions in any covered ent.i.ty.

(2) Use of voluntary separations.--A covered ent.i.ty may redeploy or use the full-time equivalent positions vacated by voluntary separations under this section to make other positions available to more critical locations or more critical occupations.

SEC. 473. [6 U.S.C. 293] AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT RELATING TO DISCIPLINARY ACTION.

(a) In General.--The Attorney General and the Secretary may each, during a period ending not later than 5 years after the date of the enactment of this Act, conduct a demonstration project for the purpose of determining whether one or more changes in the policies or procedures relating to methods for disciplining employees would result in improved personnel management.

(b) Scope.--A demonstration project under this section-- (1) may not cover any employees apart from those employed in or under a covered ent.i.ty; and (2) shall not be limited by any provision of chapter 43, 75, or 77 of t.i.tle 5, United States Code.

(c) Procedures.--Under the demonstration project-- (1) the use of alternative means of dispute resolution (as defined in section 571 of t.i.tle 5, United States Code) shall be encouraged, whenever appropriate; and (2) each covered ent.i.ty under the jurisdiction of the official conducting the project shall be required to provide for the expeditious, fair, and independent review of any action to which section 4303 or subchapter II of chapter 75 of such t.i.tle 5 would otherwise apply (except an action described in section 7512(5) of such t.i.tle 5).

(d) Actions Involving Discrimination.--Notwithstanding any other provision of this section, if, in the case of any matter described in section 7702(a)(1)(B) of t.i.tle 5, United States Code, there is no judicially reviewable action under the demonstration project within 120 days after the filing of an appeal or other formal request for review (referred to in subsection (c)(2)), an employee shall be ent.i.tled to file a civil action to the same extent and in the same manner as provided in section 7702(e)(1) of such t.i.tle 5 (in the matter following subparagraph (C) thereof).

(e) Certain Employees.--Employees shall not be included within any project under this section if such employees are-- (1) neither managers nor supervisors; and (2) within a unit with respect to which a labor organization is accorded exclusive recognition under chapter 71 of t.i.tle 5, United States Code.

Notwithstanding the preceding sentence, an aggrieved employee within a unit (referred to in paragraph (2)) may elect to partic.i.p.ate in a complaint procedure developed under the demonstration project in lieu of any negotiated grievance procedure and any statutory procedure (as such term is used in section 7121 of such t.i.tle 5).

(f) Reports.--The General Accounting Office shall prepare and submit to the Committees on Government Reform and the Judiciary of the House of Representatives and the Committees on Governmental Affairs and the Judiciary of the Senate periodic reports on any demonstration project conducted under this section, such reports to be submitted after the second and fourth years of its operation. Upon request, the Attorney General or the Secretary shall furnish such information as the General Accounting Office may require to carry out this subsection.

(g) Definition.--In this section, the term ''covered ent.i.ty'' has the meaning given such term in section 472(a)(2).

SEC. 474. [6 U.S.C. 294] SENSE OF CONGRESS.

It is the sense of Congress that-- (1) the missions of the Bureau of Border Security and the Bureau of Citizenship and Immigration Services are equally important and, accordingly, they each should be adequately funded; and (2) the functions transferred under this subt.i.tle should not, after such transfers take effect, operate at levels below those in effect prior to the enactment of this Act.

SEC. 475. [6 U.S.C. 295] DIRECTOR OF SHARED SERVICES.

(a) In General.--Within the Office of Deputy Secretary, there shall be a Director of Shared Services.

(b) Functions.--The Director of Shared Services shall be responsible for the coordination of resources for the Bureau of Border Security and the Bureau of Citizenship and Immigration Services, including-- (1) information resources management, including computer databases and information technology; (2) records and file management; and (3) forms management.

SEC. 476. [6 U.S.C. 296] SEPARATION OF FUNDING.

(a) In General.--There shall be established separate accounts in the Treasury of the United States for appropriated funds and other deposits available for the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.

(b) Separate Budgets.--To ensure that the Bureau of Citizenship and Immigration Services and the Bureau of Border Security are funded to the extent necessary to fully carry out their respective functions, the Director of the Office of Management and Budget shall separate the budget requests for each such ent.i.ty.

(c) Fees.--Fees imposed for a particular service, application, or benefit shall be deposited into the account established under subsection (a) that is for the bureau with jurisdiction over the function to which the fee relates.

(d) Fees Not Transferable.--No fee may be transferred between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security for purposes not authorized by section 286 of the Immigration and Nationality Act (8 U.S.C.

1356).

SEC. 477. [6 U.S.C. 297] REPORTS AND IMPLEMENTATION PLANS.

(a) Division of Funds.--The Secretary, not later than 120 days after the effective date of this Act, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report on the proposed division and transfer of funds, including unexpended funds, appropriations, and fees, between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.

(b) Division of Personnel.--The Secretary, not later than 120 days after the effective date of this Act, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report on the proposed division of personnel between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.

(c) Implementation Plan.-- (1) In general.--The Secretary, not later than 120 days after the effective date of this Act, and every 6 months thereafter until the termination of fiscal year 2005, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate an implementation plan to carry out this Act.

(2) Contents.--The implementation plan should include details concerning the separation of the Bureau of Citizenship and Immigration Services and the Bureau of Border Security, including the following: (A) Organizational structure, including the field structure.

(B) Chain of command.

(C) Procedures for interaction among such bureaus.

(D) Fraud detection and investigation.

(E) The processing and handling of removal proceedings, including expedited removal and applications for relief from removal.

(F) Recommendations for conforming amendments to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(G) Establishment of a transition team.

(H) Methods to phase in the costs of separating the administrative support systems of the Immigration and Naturalization Service in order to provide for separate administrative support systems for the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.

(d) Comptroller General Studies and Reports.-- (1) Status reports on transition.--Not later than 18 months after the date on which the transfer of functions specified under section 441 takes effect, and every 6 months thereafter, until full implementation of this subt.i.tle has been completed, the Comptroller General of the United States shall submit to the Committees on Appropriations and on the Judiciary of the House of Representatives and the Senate a report containing the following: (A) A determination of whether the transfers of functions made by subt.i.tles D and E have been completed, and if a transfer of functions has not taken place, identifying the reasons why the transfer has not taken place.

(B) If the transfers of functions made by subt.i.tles D and E have been completed, an identification of any issues that have arisen due to the completed transfers.

(C) An identification of any issues that may arise due to any future transfer of functions.

(2) Report on management.--Not later than 4 years after the date on which the transfer of functions specified under section 441 takes effect, the Comptroller General of the United States shall submit to the Committees on Appropriations and on the Judiciary of the House of Representatives and the Senate a report, following a study, containing the following: (A) Determinations of whether the transfer of functions from the Immigration and Naturalization Service to the Bureau of Citizenship and Immigration Services and the Bureau of Border Security have improved, with respect to each function transferred, the following: (i) Operations.

(ii) Management, including accountability and communication.

(iii) Financial administration.

(iv) Recordkeeping, including information management and technology.

(B) A statement of the reasons for the determinations under subparagraph (A).

(C) Any recommendations for further improvements to the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.

(3) Report on fees.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report examining whether the Bureau of Citizenship and Immigration Services is likely to derive sufficient funds from fees to carry out its functions in the absence of appropriated funds.

SEC. 478. [6 U.S.C. 298] IMMIGRATION FUNCTIONS.

(a) Annual Report.-- (1) In general.--One year after the date of the enactment of this Act, and each year thereafter, the Secretary shall submit a report to the President, to the Committees on the Judiciary and Government Reform of the House of Representatives, and to the Committees on the Judiciary and Government Affairs of the Senate, on the impact the transfers made by this subt.i.tle has had on immigration functions.

(2) Matter included.--The report shall address the following with respect to the period covered by the report: (A) The aggregate number of all immigration applications and pet.i.tions received, and processed, by the Department.

(B) Region-by-region statistics on the aggregate number of immigration applications and pet.i.tions filed by an alien (or filed on behalf of an alien) and denied, disaggregated by category of denial and application or pet.i.tion type.

(C) The quant.i.ty of backlogged immigration applications and pet.i.tions that have been processed, the aggregate number awaiting processing, and a detailed plan for eliminating the backlog.

(D) The average processing period for immigration applications and pet.i.tions, disaggregated by application or pet.i.tion type.

(E) The number and types of immigration- related grievances filed with any official of the Department of Justice, and if those grievances were resolved.

(F) Plans to address grievances and improve immigration services.

(G) Whether immigration-related fees were used consistent with legal requirements regarding such use.

(H) Whether immigration-related questions conveyed by customers to the Department (whether conveyed in person, by telephone, or by means of the Internet) were answered effectively and efficiently.

(b) Sense of Congress Regarding Immigration Services.--It is the sense of Congress that-- (1) the quality and efficiency of immigration services rendered by the Federal Government should be improved after the transfers made by this subt.i.tle take effect; and (2) the Secretary should undertake efforts to guarantee that concerns regarding the quality and efficiency of immigration services are addressed after such effective date.

t.i.tLE V--NATIONAL EMERGENCY MANAGEMENT

SEC. 501. [6 U.S.C. 311] DEFINITIONS.

In this t.i.tle-- (1) the term ''Administrator'' means the Administrator of the Agency; (2) the term ''Agency'' means the Federal Emergency Management Agency; (3) the term ''catastrophic incident'' means any natural disaster, act of terrorism, or other man-made disaster that results in extraordinary levels of casualties or damage or disruption severely affecting the population (including ma.s.s evacuations), infrastructure, environment, economy, national morale, or government functions in an area; (4) the terms ''credentialed'' and ''credentialing'' mean having provided, or providing, respectively, doc.u.mentation that identifies personnel and authenticates and verifies the qualifications of such personnel by ensuring that such personnel possess a minimum common level of training, experience, physical and medical fitness, and capability appropriate for a particular position in accordance with standards created under section 510; (5) the term ''Federal coordinating officer'' means a Federal coordinating officer as described in section 302 of the Robert T. Stafford Disaster Relief and Emergency a.s.sistance Act (42 U.S.C. 5143); (6) the term ''interoperable'' has the meaning given the term ''interoperable communications'' under section 7303(g)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1)); (7) the term ''National Incident Management System'' means a system to enable effective, efficient, and collaborative incident management; (8) the term ''National Response Plan'' means the National Response Plan or any successor plan prepared under section 502(a)(6); (9) the term ''Regional Administrator'' means a Regional Administrator appointed under section 507; (10) the term ''Regional Office'' means a Regional Office established under section 507; (11) the term ''resources'' means personnel and major items of equipment, supplies, and facilities available or potentially available for responding to a natural disaster, act of terrorism, or other man-made disaster; (12) the term ''surge capacity'' means the ability to rapidly and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity, staffing (including disaster a.s.sistance employees), and other resources necessary to save lives and protect property during a catastrophic incident; (13) the term ''tribal government'' means the government of any ent.i.ty described in section 2(11)(B); and (14) the terms ''typed'' and ''typing'' mean having evaluated, or evaluating, respectively, a resource in accordance with standards created under section 510.

SEC. 502. [6 U.S.C. 312] DEFINITION.

In this t.i.tle, the term ''Nuclear Incident Response Team''

means a resource that includes-- (1) those ent.i.ties of the Department of Energy that perform nuclear or radiological emergency support functions (including accident response, search response, advisory, and technical operations functions), radiation exposure functions at the medical a.s.sistance facility known as the Radiation Emergency a.s.sistance Center/Training Site (REAC/TS), radiological a.s.sistance functions, and related functions; and (2) those ent.i.ties of the Environmental Protection Agency that perform such support functions (including radiological emergency response functions) and related functions.

SEC. 503. [6 U.S.C. 313] FEDERAL EMERGENCY MANAGEMENT AGENCY.