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H.R.5005
Homeland Security Act of 2002 (Enrolled as Agreed to or Passed by
Both House and Senate)
SEC. 1201. AIR CARRIER LIABILITY FOR THIRD PARTY CLAIMS ARISING OUT OF ACTS
OF TERRORISM.
Section 44303 of title 49, United States Code, is amended--
(1) by inserting `(a) IN GENERAL- ' before `The Secretary of
Transportation';
(2) by moving the text of paragraph (2) of section 201(b) of the Air
Transportation Safety and System Stabilization Act (115 Stat. 235) to the
end and redesignating such paragraph as subsection (b);
(3) in subsection (b) (as so redesignated)--
(A) by striking the subsection heading and inserting `AIR CARRIER
LIABILITY FOR THIRD PARTY CLAIMS ARISING OUT OF ACTS OF TERRORISM-
';
(B) in the first sentence by striking `the 180-day period following
the date of enactment of this Act, the Secretary of Transportation' and
inserting `the period beginning on September 22, 2001, and ending on
December 31, 2003, the Secretary'; and
(C) in the last sentence by striking `this paragraph' and inserting
`this subsection'.
SEC. 1202. EXTENSION OF INSURANCE POLICIES.
Section 44302 of title 49, United States Code, is amended by adding at the
end the following:
`(f) EXTENSION OF POLICIES-
`(1) IN GENERAL- The Secretary shall extend through August 31, 2003, and
may extend through December 31, 2003, the termination date of any insurance
policy that the Department of Transportation issued to an air carrier under
subsection (a) and that is in effect on the date of enactment of this
subsection on no less favorable terms to the air carrier than existed on
June 19, 2002; except that the Secretary shall amend the insurance policy,
subject to such terms and conditions as the Secretary may prescribe, to add
coverage for losses or injuries to aircraft hulls, passengers, and crew at
the limits carried by air carriers for such losses and injuries as of such
date of enactment and at an additional premium comparable to the premium
charged for third-party casualty coverage under such policy.
`(2) SPECIAL RULES- Notwithstanding paragraph (1)--
`(A) in no event shall the total premium paid by the air carrier for
the policy, as amended, be more than twice the premium that the air
carrier was paying to the Department of Transportation for its third party
policy as of June 19, 2002; and
`(B) the coverage in such policy shall begin with the first dollar of
any covered loss that is incurred.'.
SEC. 1203. CORRECTION OF REFERENCE.
Effective November 19, 2001, section 147 of the Aviation and
Transportation Security Act (Public Law 107-71) is amended by striking `(b)'
and inserting `(c)'.
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. SHORT TITLE.
This title may be cited as the `Chief Human Capital Officers Act of
2002'.
SEC. 1302. AGENCY CHIEF HUMAN CAPITAL OFFICERS.
(a) IN GENERAL- Part II of title 5, United States Code, is amended by
inserting after chapter 13 the following:
`CHAPTER 14--AGENCY CHIEF HUMAN CAPITAL OFFICERS
`Sec.
`1401. Establishment of agency Chief Human Capital Officers.
`1402. Authority and functions of agency Chief Human Capital
Officers.
`Sec. 1401. Establishment of agency Chief Human Capital Officers
`The head of each agency referred to under paragraphs (1) and (2) of
section 901(b) of title 31 shall appoint or designate a Chief Human Capital
Officer, who shall--
`(1) advise and assist the head of the agency and other agency officials
in carrying out the agency's responsibilities for selecting, developing,
training, and managing a high-quality, productive workforce in accordance
with merit system principles;
`(2) implement the rules and regulations of the President and the Office
of Personnel Management and the laws governing the civil service within the
agency; and
`(3) carry out such functions as the primary duty of the Chief Human
Capital Officer.
`Sec. 1402. Authority and functions of agency Chief Human Capital
Officers
`(a) The functions of each Chief Human Capital Officer shall include--
`(1) setting the workforce development strategy of the agency;
`(2) assessing workforce characteristics and future needs based on the
agency's mission and strategic plan;
`(3) aligning the agency's human resources policies and programs with
organization mission, strategic goals, and performance outcomes;
`(4) developing and advocating a culture of continuous learning to
attract and retain employees with superior abilities;
`(5) identifying best practices and benchmarking studies, and
`(6) applying methods for measuring intellectual capital and identifying
links of that capital to organizational performance and growth.
`(b) In addition to the authority otherwise provided by this section, each
agency Chief Human Capital Officer--
`(1) shall have access to all records, reports, audits, reviews,
documents, papers, recommendations, or other material that--
`(A) are the property of the agency or are available to the agency;
and
`(B) relate to programs and operations with respect to which that
agency Chief Human Capital Officer has responsibilities under this
chapter; and
`(2) may request such information or assistance as may be necessary for
carrying out the duties and responsibilities provided by this chapter from
any Federal, State, or local governmental entity.'.
(b) TECHNICAL AND CONFORMING AMENDMENT- The table of chapters for chapters
for part II of title 5, United States Code, is amended by inserting after the
item relating to chapter 13 the following:
1401'.
SEC. 1303. 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. 1304. STRATEGIC HUMAN CAPITAL MANAGEMENT.
Section 1103 of title 5, United States Code, is amended by adding at the
end the following:
`(c)(1) The Office of Personnel Management shall design a set of systems,
including appropriate metrics, for assessing the management of human capital
by Federal agencies.
`(2) The systems referred to under paragraph (1) shall be defined in
regulations of the Office of Personnel Management and include standards
for--
`(A)(i) aligning human capital strategies of agencies with the missions,
goals, and organizational objectives of those agencies; and
`(ii) integrating those strategies into the budget and strategic plans
of those agencies;
`(B) closing skill gaps in mission critical occupations;
`(C) ensuring continuity of effective leadership through implementation
of recruitment, development, and succession plans;
`(D) sustaining a culture that cultivates and develops a high performing
workforce;
`(E) developing and implementing a knowledge management strategy
supported by appropriate investment in training and technology; and
`(F) holding managers and human resources officers accountable for
efficient and effective human resources management in support of agency
missions in accordance with merit system principles.'.
SEC. 1305. 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. 1311. INCLUSION OF AGENCY HUMAN CAPITAL STRATEGIC PLANNING IN
PERFORMANCE PLANS AND PROGRAMS PERFORMANCE REPORTS.
(a) PERFORMANCE PLANS- Section 1115 of title 31, United States Code, is
amended--
(1) in subsection (a), by striking paragraph (3) and inserting the
following:
`(3) provide a description of how the performance goals and objectives
are to be achieved, including the operation processes, training, skills and
technology, and the human, capital, information, and other resources and
strategies required to meet those performance goals and objectives.';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following:
`(f) With respect to each agency with a Chief Human Capital Officer, the
Chief Human Capital Officer shall prepare that portion of the annual
performance plan described under subsection (a)(3).'.
(b) PROGRAM PERFORMANCE REPORTS- Section 1116(d) of title 31, United
States Code, is amended--
(1) in paragraph (4), by striking `and' after the semicolon;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
`(5) include a review of the performance goals and evaluation of the
performance plan relative to the agency's strategic human capital
management; and'.
SEC. 1312. REFORM OF THE COMPETITIVE SERVICE HIRING PROCESS.
(a) IN GENERAL- Chapter 33 of title 5, United States Code, is amended--
(A) in paragraph (1), by striking `and' after the semicolon;
(B) in paragraph (2), by striking the period and inserting `; and';
and
(C) by adding at the end of the following:
`(3) authority for agencies to appoint, without regard to the provision
of sections 3309 through 3318, candidates directly to positions for
which--
`(A) public notice has been given; and
`(B) the Office of Personnel Management has determined that there
exists a severe shortage of candidates or there is a critical hiring
need.
The Office shall prescribe, by regulation, criteria for identifying such
positions and may delegate authority to make determinations under such
criteria.'; and
(2) by inserting after section 3318 the following:
`Sec. 3319. Alternative ranking and selection procedures
`(a) The Office, in exercising its authority under section 3304, or an
agency to which the Office has delegated examining authority under section
1104(a)(2), may establish category rating systems for evaluating applicants
for positions in the competitive service, under 2 or more quality categories
based on merit consistent with regulations prescribed by the Office of
Personnel Management, rather than assigned individual numerical ratings.
`(b) Within each quality category established under subsection (a),
preference-eligibles shall be listed ahead of individuals who are not
preference eligibles. For other than scientific and professional positions at
GS-9 of the General Schedule (equivalent or higher), qualified
preference-eligibles who have a compensable service-connected disability of 10
percent or more shall be listed in the highest quality category.
`(c)(1) An appointing official may select any applicant in the highest
quality category or, if fewer than 3 candidates have been assigned to the
highest quality category, in a merged category consisting of the highest and
the second highest quality categories.
`(2) Notwithstanding paragraph (1), the appointing official may not pass
over a preference-eligible in the same category from which selection is made,
unless the requirements of section 3317(b) or 3318(b), as applicable, are
satisfied.
`(d) Each agency that establishes a category rating system under this
section shall submit in each of the 3 years following that establishment, a
report to Congress on that system including information on--
`(1) the number of employees hired under that system;
`(2) the impact that system has had on the hiring of veterans and
minorities, including those who are American Indian or Alaska Natives,
Asian, Black or African American, and native Hawaiian or other Pacific
Islanders; and
`(3) the way in which managers were trained in the administration of
that system.
`(e) The Office of Personnel Management may prescribe such regulations as
it considers necessary to carry out the provisions of this section.'.
(b) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter
33 of title 5, United States Code, is amended by striking the item relating to
section 3319 and inserting the following:
`3319. Alternative ranking and selection procedures.'.
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-
(A) AMENDMENT TO TITLE 5, UNITED STATES CODE- Chapter 35 of title 5,
United States Code, is amended by inserting after subchapter I the
following:
`SUBCHAPTER II--VOLUNTARY SEPARATION INCENTIVE PAYMENTS
`Sec. 3521. Definitions
`In this subchapter, the term--
`(1) `agency' means an Executive agency as defined under section 105;
and
`(A) means an employee as defined under section 2105 employed by an
agency and an individual employed by a county committee established under
section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590h(b)(5)) who--
`(i) is serving under an appointment without time limitation;
and
`(ii) has been currently employed for a continuous period of at
least 3 years; and
`(i) a reemployed annuitant under subchapter III of chapter 83 or 84
or another retirement system for employees of the
Government;
`(ii) an employee having a disability on the basis of which such
employee is or would be eligible for disability retirement under
subchapter III of chapter 83 or 84 or another retirement system for
employees of the Government;
`(iii) an employee who is in receipt of a decision notice of
involuntary separation for misconduct or unacceptable
performance;
`(iv) an employee who has previously received any voluntary
separation incentive payment from the Federal Government under this
subchapter or any other authority;
`(v) an employee covered by statutory reemployment rights who is on
transfer employment with another organization; or
`(I) during the 36-month period preceding the date of separation
of that employee, performed service for which a student loan repayment
benefit was or is to be paid under section 5379;
`(II) during the 24-month period preceding the date of separation
of that employee, performed service for which a recruitment or
relocation bonus was or is to be paid under section 5753;
or
`(III) during the 12-month period preceding the date of separation
of that employee, performed service for which a retention bonus was or
is to be paid under section 5754.
`Sec. 3522. Agency plans; approval
`(a) Before obligating any resources for voluntary separation incentive
payments, the head of each agency shall submit to the Office of Personnel
Management a plan outlining the intended use of such incentive payments and a
proposed organizational chart for the agency once such incentive payments have
been completed.
`(b) The plan of an agency under subsection (a) shall include--
`(1) the specific positions and functions to be reduced or
eliminated;
`(2) a description of which categories of employees will be offered
incentives;
`(3) the time period during which incentives may be paid;
`(4) the number and amounts of voluntary separation incentive payments
to be offered; and
`(5) a description of how the agency will operate without the eliminated
positions and functions.
`(c) The Director of the Office of Personnel Management shall review each
agency's plan an may make any appropriate modifications in the plan, in
consultation with the Director of the Office of Management and Budget. A plan
under this section may not be implemented without the approval of the
Directive of the Office of Personnel Management.
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