HR 9749 — To amend the Homeland Security Act of 2002 to abolish the reorganization authority of the Department of Homeland Security, and for other purposes.

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

 (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
 (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
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 TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
 UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

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 Subtitle F--Federal Emergency Procurement Flexibilityfd

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[Sec. 857. Review and report by Comptroller General.
[Sec. 858. Identification of new entrants into the Federal marketplace.]
Sec. 857. Identification of new entrants into the Federal marketplace.
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 Subtitle H--Miscellaneous Provisions

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[Sec. 872. Reorganization.]
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[Sec. 881. Review of pay and benefit plans.]

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TITLE V--NATIONAL EMERGENCY MANAGEMENT

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SEC. 506. PRESERVING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

 (a) Distinct Entity.--The Agency shall be maintained as a 
distinct entity within the Department.
 [(b) Reorganization.--Section 872 shall not apply to the 
Agency, including any function or organizational unit of the 
Agency.]
 [(c)] (b) Prohibition on Changes to Missions.--
 (1) In general.--The Secretary may not substantially 
 or significantly reduce, including through a Joint Task 
 Force established under section 708, the authorities, 
 responsibilities, or functions of the Agency or the 
 capability of the Agency to perform those missions, 
 authorities, responsibilities, except as otherwise 
 specifically provided in an Act enacted after the date 
 of enactment of the Post-Katrina Emergency Management 
 Reform Act of 2006.
 (2) Certain transfers prohibited.--No asset, 
 function, or mission of the Agency may be diverted to 
 the principal and continuing use of any other 
 organization, unit, or entity of the Department, 
 including a Joint Task Force established under section 
 708, except for details or assignments that do not 
 reduce the capability of the Agency to perform its 
 missions.
 [(d)] (c) Reprogramming and Transfer of Funds.--In 
reprogramming or transferring funds, the Secretary shall comply 
with any applicable provisions of any Act making appropriations 
for the Department for fiscal year 2007, or any succeeding 
fiscal year, relating to the reprogramming or transfer of 
funds.

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TITLE VII--MANAGEMENT

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SEC. 702. CHIEF FINANCIAL OFFICER.

 (a) In General.--The Chief Financial Officer shall perform 
functions as specified in chapter 9 of title 31, United States 
Code, and, with respect to all such functions and other 
responsibilities that may be assigned to the Chief Financial 
Officer from time to time, shall also report to the Under 
Secretary for Management.
 (b) Program Analysis and Evaluation Function.--
 (1) Establishment of office of program analysis and 
 evaluation.--Not later than 90 days after the date of 
 enactment of this subsection, the Secretary shall 
 establish an Office of Program Analysis and Evaluation 
 within the Department (in this section referred to as 
 the ``Office'').
 (2) Responsibilities.--The Office shall perform the 
 following functions:
 (A) Analyze and evaluate plans, programs, and 
 budgets of the Department in relation to United 
 States homeland security objectives, projected 
 threats, vulnerability assessments, estimated 
 costs, resource constraints, and the most 
 recent homeland security strategy developed 
 pursuant to section 874(b)(2).
 (B) Develop and perform analyses and 
 evaluations of alternative plans, programs, 
 personnel levels, and budget submissions for 
 the Department in relation to United States 
 homeland security objectives, projected 
 threats, vulnerability assessments, estimated 
 costs, resource constraints, and the most 
 recent homeland security strategy developed 
 pursuant to section 874(b)(2).
 (C) Establish policies for, and oversee the 
 integration of, the planning, programming, and 
 budgeting system of the Department.
 (D) Review and ensure that the Department 
 meets performance-based budget requirements 
 established by the Office of Management and 
 Budget.
 (E) Provide guidance for, and oversee the 
 development of, the Future Years Homeland 
 Security Program of the Department, as 
 specified under section 874.
 (F) Ensure that the costs of Department 
 programs, including classified programs, are 
 presented accurately and completely.
 (G) Oversee the preparation of the annual 
 performance plan for the Department and the 
 program and performance section of the annual 
 report on program performance for the 
 Department, consistent with sections 1115 and 
 1116, respectively, of title 31, United States 
 Code.
 (H) Provide leadership in developing and 
 promoting improved analytical tools and methods 
 for analyzing homeland security planning and 
 the allocation of resources.
 (I) Any other responsibilities delegated by 
 the Secretary consistent with an effective 
 program analysis and evaluation function.
 (3) Director of program analysis and evaluation.--
 There shall be a Director of Program Analysis and 
 Evaluation, who--
 (A) shall be a principal staff assistant to 
 the Chief Financial Officer of the Department 
 for program analysis and evaluation; and
 (B) shall report to an official no lower than 
 the Chief Financial Officer.
 [(4) Reorganization.--
 [(A) In general.--The Secretary may allocate 
 or reallocate the functions of the Office, or 
 discontinue the Office, in accordance with 
 section 872(a).
 [(B) Exemption from limitations.--Section 
 872(b) shall not apply to any action by the 
 Secretary under this paragraph.]
 (c) Notification Regarding Transfer or Reprogramming of 
Funds.--In any case in which appropriations available to the 
Department or any officer of the Department are transferred or 
reprogrammed and notice of such transfer or reprogramming is 
submitted to the Congress (including any officer, office, or 
Committee of the Congress), the Chief Financial Officer of the 
Department shall simultaneously submit such notice to the 
Select Committee on Homeland Security (or any successor to the 
jurisdiction of that committee) and the Committee on Government 
Reform of the House of Representatives, and to the Committee on 
Governmental Affairs of the Senate.

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TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

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Subtitle F--Federal Emergency Procurement Flexibility

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[SEC. 857. REVIEW AND REPORT BY COMPTROLLER GENERAL.

 [(a) Requirements.--Not later than March 31, 2004, the 
Comptroller General shall--
 [(1) complete a review of the extent to which 
 procurements of property and services have been made in 
 accordance with this subtitle; and
 [(2) submit a report on the results of the review to 
 the Committee on Governmental Affairs of the Senate and 
 the Committee on Government Reform of the House of 
 Representatives.
 [(b) Content of Report.--The report under subsection (a)(2) 
shall include the following matters:
 [(1) Assessment.--The Comptroller General's 
 assessment of--
 [(A) the extent to which property and 
 services procured in accordance with this title 
 have contributed to the capacity of the 
 workforce of Federal Government employees 
 within each executive agency to carry out the 
 mission of the executive agency; and
 [(B) the extent to which Federal Government 
 employees have been trained on the use of 
 technology.
 [(2) Recommendations.--Any recommendations of the 
 Comptroller General resulting from the assessment 
 described in paragraph (1).
 [(c) Consultation.--In preparing for the review under 
subsection (a)(1), the Comptroller shall consult with the 
Committee on Governmental Affairs of the Senate and the 
Committee on Government Reform of the House of Representatives 
on the specific issues and topics to be reviewed. The extent of 
coverage needed in areas such as technology integration, 
employee training, and human capital management, as well as the 
data requirements of the study, shall be included as part of 
the consultation.]

SEC. [858.] 857. IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL 
 MARKETPLACE.

 The head of each executive agency shall conduct market 
research on an ongoing basis to identify effectively the 
capabilities, including the capabilities of small businesses 
and new entrants into Federal contracting, that are available 
in the marketplace for meeting the requirements of the 
executive agency in furtherance of defense against or recovery 
from terrorism or nuclear, biological, chemical, or 
radiological attack. The head of the executive agency shall, to 
the maximum extent practicable, take advantage of commercially 
available market research methods, including use of commercial 
databases, to carry out the research.

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Subtitle H--Miscellaneous Provisions

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[SEC. 872. REORGANIZATION.

 [(a) Reorganization.--The Secretary may allocate or 
reallocate functions among the officers of the Department, and 
may establish, consolidate, alter, or discontinue 
organizational units within the Department, but only--
 [(1) pursuant to section 1502(b); or
 [(2) after the expiration of 60 days after providing 
 notice of such action to the appropriate congressional 
 committees, which shall include an explanation of the 
 rationale for the action.
 [(b) Limitations.--
 [(1) In general.--Authority under subsection (a)(1) 
 does not extend to the abolition of any agency, entity, 
 organizational unit, program, or function established 
 or required to be maintained by this Act.
 [(2) Abolitions.--Authority under subsection (a)(2) 
 does not extend to the abolition of any agency, entity, 
 organizational unit, program, or function established 
 or required to be maintained by statute.]

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[SEC. 881. REVIEW OF PAY AND BENEFIT PLANS.

 [Notwithstanding any other provision of this Act, the 
Secretary shall, in consultation with the Director of the 
Office of Personnel Management, review the pay and benefit 
plans of each agency whose functions are transferred under this 
Act to the Department and, within 90 days after the date of 
enactment, submit a plan to the President of the Senate and the 
Speaker of the House of Representatives and the appropriate 
committees and subcommittees of Congress, for ensuring, to the 
maximum extent practicable, the elimination of disparities in 
pay and benefits throughout the Department, especially among 
law enforcement personnel, that are inconsistent with merit 
system principles set forth in section 2301 of title 5, United 
States Code.]

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