Part 20 (1/2)
t.i.tLE X--INFORMATION SECURITY
SEC. 1001. INFORMATION SECURITY.
(a) [6 U.S.C. 101 note] Short t.i.tle.--This t.i.tle may be cited as the ''Federal Information Security Management Act of 2002''.
(c) [6 U.S.C. 511] Information Security Responsibilities of Certain Agencies.-- (1) National security responsibilities.--(A) Nothing in this Act (including any amendment made by this Act) shall supersede any authority of the Secretary of Defense, the Director of Central Intelligence, or other agency head, as authorized by law and as directed by the President, with regard to the operation, control, or management of national security systems, as defined by section 3532(3) of t.i.tle 44, United States Code.
(2) Atomic energy act of 1954.--Nothing in this Act shall supersede any requirement made by or under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
Restricted Data or Formerly Restricted Data shall be handled, protected, cla.s.sified, downgraded, and decla.s.sified in conformity with the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
SEC. 1006. [6 U.S.C. 512] CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, affects the authority of the National Inst.i.tute of Standards and Technology or the Department of Commerce relating to the development and promulgation of standards or guidelines under paragraphs (1) and (2) of section 20(a) of the National Inst.i.tute of Standards and Technology Act (15 U.S.C. 278g- 3(a)).
t.i.tLE XI--DEPARTMENT OF JUSTICE DIVISIONS
Subt.i.tle A--Executive Office for Immigration Review
SEC. 1101. LEGAL STATUS OF EOIR.
(a) [6 U.S.C. 521] Existence of EOIR.--There is in the Department of Justice the Executive Office for Immigration Review, which shall be subject to the direction and regulation of the Attorney General under section 103(g) of the Immigration and Nationality Act, as added by section 1102.
SEC. 1103. [6 U.S.C. 522] STATUTORY CONSTRUCTION.
Nothing in this Act, any amendment made by this Act, or in section 103 of the Immigration and Nationality Act, as amended by section 1102, shall be construed to limit judicial deference to regulations, adjudications, interpretations, orders, decisions, judgments, or any other actions of the Secretary of Homeland Security or the Attorney General.
Subt.i.tle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to the Department of Justice
SEC. 1111. [6 U.S.C. 531] BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.
(a) Establishment.-- (1) In general.--There is established within the Department of Justice under the general authority of the Attorney General the Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this section referred to as the ''Bureau'').
(2) Director.--There shall be at the head of the Bureau a Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this subt.i.tle referred to as the ''Director''). The Director shall be appointed by the President, by and with the advice and consent of the Senate and shall perform such functions as the Attorney General shall direct. The Director shall receive compensation at the rate prescribed by law under section 5314 of t.i.tle V, United States Code, for positions at level III of the Executive Schedule.
(3) Coordination.--The Attorney General, acting through the Director and such other officials of the Department of Justice as the Attorney General may designate, shall provide for the coordination of all firearms, explosives, tobacco enforcement, and arson enforcement functions vested in the Attorney General so as to a.s.sure maximum cooperation between and among any officer, employee, or agency of the Department of Justice involved in the performance of these and related functions.
(4) Performance of transferred functions.--The Attorney General may make such provisions as the Attorney General determines appropriate to authorize the performance by any officer, employee, or agency of the Department of Justice of any function transferred to the Attorney General under this section.
(b) Responsibilities.--Subject to the direction of the Attorney General, the Bureau shall be responsible for investigating-- (1) criminal and regulatory violations of the Federal firearms, explosives, arson, alcohol, and tobacco smuggling laws; (2) the functions transferred by subsection (c); and (3) any other function related to the investigation of violent crime or domestic terrorism that is delegated to the Bureau by the Attorney General.
(c) Transfer of Authorities, Functions, Personnel, and a.s.sets to the Department of Justice.-- (1) In general.--Subject to paragraph (2), but notwithstanding any other provision of law, there are transferred to the Department of Justice the authorities, functions, personnel, and a.s.sets of the Bureau of Alcohol, Tobacco and Firearms, which shall be maintained as a distinct ent.i.ty within the Department of Justice, including the related functions of the Secretary of the Treasury.
(2) Administration and revenue collection functions.--There shall be retained within the Department of the Treasury the authorities, functions, personnel, and a.s.sets of the Bureau of Alcohol, Tobacco and Firearms relating to the administration and enforcement of chapters 51 and 52 of the Internal Revenue Code of 1986, sections 4181 and 4182 of the Internal Revenue Code of 1986, and t.i.tle 27, United States Code.
(3) Building prospectus.--Prospectus PDC-98W10, giving the General Services Administration the authority for site acquisition, design, and construction of a new headquarters building for the Bureau of Alcohol, Tobacco and Firearms, is transferred, and deemed to apply, to the Bureau of Alcohol, Tobacco, Firearms, and Explosives established in the Department of Justice under subsection (a).