The U.S. Homeland Security Act (Public Law No. 107-296), passed a little more than a year after the terrorist attacks of September 11, 2001, was a sweeping piece of antiterrorist legislation. The act established the Department of Homeland Security that was mandated to coordinate and facilitate all internal antiterrorist efforts and handle domestic emergencies within the United States. The new department had overall responsibility for ensuring security in airports and other transportation facilities and for supervising immigration and customs controls. The department was also charged with safeguarding the United States against attacks by either conventional weapons or biological, chemical, or nuclear agents. To facilitate its efforts, the department was given broad authority to monitor and scrutinize the activities of American citizens and others physically present in the United States and to detain such individuals without trial or access to outside assistance for lengthy periods. Domestically and internationally, these provisions provoked considerable uneasiness among many critics.
SUMMARY AS OF:
11/19/2002—Passed Senate amended.
Homeland Security Act of 2002—Title I: Department of Homeland Security—(Sec. 101) Establishes a Department of Homeland Security (DHS) as an executive department of the United States, headed by a Secretary of Homeland Security (Secretary) appointed by the President, by and with the advice and consent of the Senate, to: (1) prevent terrorist attacks within the United States; (2) reduce the vulnerability of the United States to terrorism; (3) minimize the damage, and assist in the recovery, from terrorist attacks that occur within the United States; (4) carry out all functions of entities transferred to DHS; (5) ensure that the functions of the agencies and subdivisions within DHS that are not related directly to securing the homeland are not diminished or neglected except by a specific Act of Congress; (6) ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland; and (7) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking. Vests primary responsibility for investigating and prosecuting acts of terrorism in Federal, State, and local law enforcement agencies with proper jurisdiction except as specifically provided by law with respect to entities transferred to DHS under this Act.
(Sec. 102) Directs the Secretary to appoint a Special Assistant to carry out specified homeland security liaison activities between DHS and the private sector.
(Sec. 103) Creates the following: (1) a Deputy Secretary of Homeland Security; (2) an Under Secretary for Information Analysis and Infrastructure Protection; (3) an Under Secretary for Science and Technology; (4) an Under Secretary for Border and Transportation Security; (5) an Under Secretary for Emergency Preparedness and Response; (6) a Director of the Bureau of Citizenship and Immigration Services; (7) an Under Secretary for Management; (8) not more than 12 Assistant Secretaries; and (9) a General Counsel. Establishes an Inspector General (to be appointed under the Inspector General Act of 1978). Requires the following individuals to assist the Secretary in the performance of the Secretary's functions: (1) the Commandant of the Coast Guard; (2) the Director of the Secret Service; (3) a Chief Information Officer; (4) a Chief Human Capital Officer; (5) a Chief Financial Officer; and (6) an Officer for Civil Rights and Civil Liberties.
Title II: Information Analysis and Infrastructure Protection—Subtitle A: Directorate for Information Analysis and Infrastructure Protection; Access to Information—(Sec. 201) Establishes in the Department: (1) a Directorate for Information Analysis and Infrastructure Protection, headed by an Under Secretary for Information Analysis and Infrastructure Protection; (2) an Assistant Secretary for Information Analysis; and (3) an Assistant Secretary for Infrastructure Protection.
Requires the Under Secretary to: (1) access, receive, and analyze law enforcement and intelligence information from Federal, State, and local agencies and the private sector to identify the nature, scope, and identity of terrorist threats to the United States, as well as potential U.S. vulnerabilities; (2) carry out comprehensive assessments of vulnerabilities of key U.S. resources and critical infrastructures; (3) integrate relevant information, analyses, and vulnerability assessments to identify protection priorities; (4) ensure timely and efficient Department access to necessary information for discharging responsibilities; (5) develop a comprehensive national plan for securing key U.S. resources and critical infrastructures; (6) recommend necessary measures to protect such resources and infrastructure in coordination with other entities; (7) administer the Homeland Security Advisory System; (8) review, analyze, and make recommendations for improvements in policies and procedures governing the sharing of law enforcement, intelligence, and intelligence-related information and other information related to homeland security within the Federal Government and between the Federal Government and State and local government agencies and authorities; (9) disseminate Department homeland security information to other appropriate Federal, State, and local agencies; (10) consult with the Director of Central Intelligence (DCI) and other appropriate Federal intelligence, law enforcement, or other elements to establish collection priorities and strategies for information relating the terrorism threats; (11) consult with State and local governments and private entities to ensure appropriate exchanges of information relating to such threats; (12) ensure the protection from unauthorized disclosure of homeland security and intelligence information; (13) request additional information from appropriate entities relating to threats of terrorism in the United States; (14) establish and utilize a secure communications and information technology infrastructure for receiving and analyzing data; (15) ensure the compatibility and privacy protection of shared information databases and analytical tools; (16) coordinate training and other support to facilitate the identification and sharing of information; (17) coordinate activities with elements of the intelligence community, Federal, State, and local law enforcement agencies, and the private sector; and (18) provide intelligence and information analysis and support to other elements of the Department. Provides for: (1) staffing, including the use of private sector analysts; and (2) cooperative agreements for the detail of appropriate personnel.
Transfers to the Secretary the functions, personnel, assets, and liabilities of the following entities: (1) the National Infrastructure Protection Center of the Federal Bureau of Investigation (other than the Computer Investigations and Operations Section); (2) the National Communications System of the Department of Defense; (3) the Critical Infrastructure Assurance Offices of the Department of Commerce; (4) the National Infrastructure Simulation and Analysis Center of the Department of Energy and its energy security and assurance program; and (5) the Federal Computer Incident Response Center of the General Services Administration.
Amends the National Security Act of 1947 to include as elements of the intelligence community the Department elements concerned with analyses of foreign intelligence information.
(Sec. 202) Gives the Secretary access to all reports, assessments, analyses, and unevaluated intelligence relating to threats of terrorism against the United States, and to all information concerning infrastructure or other vulnerabilities to terrorism, whether or not such information has been analyzed. Requires all Federal agencies to promptly provide to the Secretary: (1) all reports, assessments, and analytical information relating to such threats and to other areas of responsibility assigned to the Secretary; (2) all information concerning the vulnerability of U.S. infrastructure or other U.S. vulnerabilities to terrorism, whether or not it has been analyzed; (3) all other information relating to significant and credible threats of terrorism, whether or not it has been analyzed; and (4) such other information or material as the President may direct. Requires the Secretary to be provided with certain terrorism-related information from law enforcement agencies that is currently required to be provided to the DCI.
Subtitle B: Critical Infrastructure Information—Critical Infrastructure Information Act of 2002—(Sec. 213) Allows a critical infrastructure protection program to be so designated by either the President or the Secretary.
(Sec. 214) Exempts from the Freedom of Information Act and other Federal and State disclosure requirements any critical infrastructure information that is voluntarily submitted to a covered Federal agency for use in the security of critical infrastructure and protected systems, analysis, warning, interdependency study, recovery, reconstitution, or other informational purpose when accompanied by an express statement that such information is being submitted voluntarily in expectation of such nondisclosure protection. Requires the Secretary to establish specified procedures for the receipt, care, and storage by Federal agencies of critical infrastructure information voluntarily submitted. Provides criminal penalties for the unauthorized disclosure of such information.
Authorizes the Federal Government to issue advisories, alerts, and warnings to relevant companies, targeted sectors, other governmental entities, or the general public regarding potential threats to critical infrastructure.
Subtitle C: Information Security—(Sec. 221) Requires the Secretary to establish procedures on the use of shared information that: (1) limit its re-dissemination to ensure it is not used for an unauthorized purpose; (2) ensure its security and confidentiality; (3) protect the constitutional and statutory rights of individuals who are subjects of such information; and (4) provide data integrity through the timely removal and destruction of obsolete or erroneous names and information.
(Sec. 223) Directs the Under Secretary to provide: (1) to State and local government entities and, upon request, to private entities that own or operate critical information systems, analysis and warnings related to threats to and vulnerabilities of such systems, as well as crisis management support in response to threats to or attacks upon such systems; and (2) technical assistance, upon request, to private sector and other government entities with respect to emergency recovery plans to respond to major failures of such systems.
(Sec. 224) Authorizes the Under Secretary to establish a national technology guard (known as NET Guard) to assist local communities to respond to and recover from attacks on information systems and communications networks.
(Sec. 225) Cyber Security Enhancement Act of 2002—Directs the U.S. Sentencing Commission to review and amend Federal sentencing guidelines and otherwise address crimes involving fraud in connection with computers and access to protected information, protected computers, or restricted data in interstate or foreign commerce or involving a computer used by or for the Federal Government. Requires a Commission report to Congress on actions taken and recommendations regarding statutory penalties for violations. Exempts from criminal penalties any disclosure made by an electronic communication service to a Federal, State, or local governmental entity if made in the good faith belief that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay. Requires any government entity receiving such a disclosure to report it to the Attorney General.
Amends the Federal criminal code to: (1) prohibit the dissemination by electronic means of any such protected information; (2) increase criminal penalties for violations which cause death or serious bodily injury; (3) authorize the use by appropriate officials of emergency pen register and trap and trace devices in the case of either an immediate threat to a national security interest or an ongoing attack on a protected computer that constitutes a crime punishable by a prison term of greater than one year; (4) repeal provisions which provide a shorter term of imprisonment for certain offenses involving protection from the unauthorized interception and disclosure of wire, oral, or electronic communications; and (5) increase penalties for repeat offenses in connection with unlawful access to stored communications.
Subtitle D: Office of Science and Technology—(Sec. 231) Establishes within the Department of Justice (DOJ) an Office of Science and Technology whose mission is to: (1) serve as the national focal point for work on law enforcement technology (investigative and forensic technologies, corrections technologies, and technologies that support the judicial process); and (2) carry out programs that improve the safety and effectiveness of such technology and improve technology access by Federal, State, and local law enforcement agencies. Sets forth Office duties, including: (1) establishing and maintaining technology advisory groups and performance standards; (2) carrying out research, development, testing, evaluation, and cost-benefit analyses for improving the safety, effectiveness, and efficiency of technologies used by Federal, State, and local law enforcement agencies; and (3) operating the regional National Law Enforcement and Corrections Technology Centers (established under this Subtitle) and establishing additional centers. Requires the Office Director to report annually on Office activities.
(Sec. 234) Authorizes the Attorney General to transfer to the Office any other DOJ program or activity determined to be consistent with its mission. Requires a report from the Attorney General to the congressional judiciary committees on the implementation of this Subtitle.
(Sec. 235) Requires the Office Director to operate and support National Law Enforcement and Corrections Technology Centers and, to the extent necessary, establish new centers through a merit-based, competitive process. Requires such Centers to: (1) support research and development of law enforcement technology; (2) support the transfer and implementation of such technology; (3) assist in the development and dissemination of guidelines and technological standards; and (4) provide technology assistance, information, and support for law enforcement, corrections, and criminal justice purposes. Requires the Director to: (1) convene an annual meeting of such Centers; and (2) report to Congress assessing the effectiveness of the Centers and identifying the number of Centers necessary to meet the technology needs of Federal, State, and local law enforcement in the United States.
(Sec. 237) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the National Institute of Justice to: (1) research and develop tools and technologies relating to prevention, detection, investigation, and prosecution of crime; and (2) support research, development, testing, training, and evaluation of tools and technology for Federal, State, and local law enforcement agencies.
Title III: Science and Technology in Support of Homeland Security—(Sec. 301) Establishes in DHS a Directorate of Science and Technology, headed by an Under Secretary for Science and Technology, to be responsible for: (1) advising the Secretary regarding research and development (R&D) efforts and priorities in support of DHS missions; (2) developing a national policy and strategic plan for, identifying priorities, goals, objectives and policies for, and coordinating the Federal Government's civilian efforts to identify and develop countermeasures to chemical, biological, radiological, nuclear, and other emerging terrorist threats; (3) supporting the Under Secretary for Information Analysis and Infrastructure Protection by assessing and testing homeland security vulnerabilities and possible threats; (4) conducting basic and applied R&D activities relevant to DHS elements, provided that such responsibility does not extend to human health-related R&D activities; (5) establishing priorities for directing, funding, and conducting national R&D and procurement of technology systems for preventing the importation of chemical, biological, radiological, nuclear, and related weapons and material and for detecting, preventing, protecting against, and responding to terrorist attacks; (6) establishing a system for transferring homeland security developments or technologies to Federal, State, and local government and private sector entities; (7) entering into agreements with the Department of Energy (DOE) regarding the use of the national laboratories or sites and support of the science and technology base at those facilities; (8) collaborating with the Secretary of Agriculture and the Attorney General in the regulation of certain biological agents and toxins as provided in the Agricultural Bioterrorism Protection Act of 2002; (9) collaborating with the Secretary of Health and Human Services and the Attorney General in determining new biological agents and toxins that shall be listed as select agents in the Code of Federal Regulations; (10) supporting U.S. leadership in science and technology; (11) establishing and administering the primary R&D activities of DHS; (12) coordinating and integrating all DHS R&D activities; (13) coordinating with other appropriate executive agencies in developing and carrying out the science and technology agenda of DHS to reduce duplication and identify unmet needs; and (14) developing and overseeing the administration of guidelines for merit review of R&D projects throughout DHS and for the dissemination of DHS research.
(Sec. 303) Transfers to the Secretary: (1) specified DOE functions, including functions related to chemical and biological national security programs, nuclear smuggling programs and activities within the proliferation detection program, the nuclear assessment program, designated life sciences activities of the biological and environmental research program related to microbial pathogens, the Environmental Measurements Laboratory, and the advanced scientific computing research program at Lawrence Livermore National Laboratory; and (2) the National Bio-Weapons Defense Analysis Center of DOD.
(Sec. 304) Requires the HHS Secretary, with respect to civilian human health-related R&D activities relating to HHS countermeasures for chemical, biological, radiological, and nuclear and other emerging terrorist threats, to: (1) set priorities, goals, objectives, and policies and develop a coordinated strategy for such activities in collaboration with the Secretary to ensure consistency with the national policy and strategic plan; and (2) collaborate with the Secretary in developing specific benchmarks and outcome measurements for evaluating progress toward achieving such priorities and goals.
Amends the Public Health Service Act to: (1) authorize the HHS Secretary to declare that an actual or potential bioterrorist incident or other public health emergency makes advisable the administration of a covered countermeasure against smallpox to a category or categories of individuals; (2) require the HHS Secretary to specify the substances to be considered countermeasures and the beginning and ending dates of the period of the declaration; and (3) deem a covered person to be an employee of the Public Health Service with respect to liability arising out of administration of such a countermeasure.
Extends liability to the United States (with an exception) with respect to claims arising out of an administration of a covered countermeasure to an individual only if: (1) the countermeasure was administered by a qualified person for the purpose of preventing or treating smallpox during the effective period; (2) the individual was within a covered category; or (3) the qualified person administering the countermeasure had reasonable grounds to believe that such individual was within such category. Provides for a rebuttable presumption of an administration within the scope of a declaration in the case where an individual who is not vaccinated contracts vaccinia Makes the remedy against the United States provided under such Act exclusive of any other civil action or proceeding against a covered person for any claim or suit arising out of the administration of a covered countermeasure.
(Sec. 305) Authorizes the Secretary, acting through the Under Secretary, to establish or contract with one or more federally funded R&D centers to provide independent analysis of homeland security issues or to carry out other responsibilities under this Act.
(Sec. 306) Directs the President to notify the appropriate congressional committees of any proposed transfer of DOE life sciences activities.
(Sec. 307) Establishes the Homeland Security Advanced Research Projects Agency to be headed by a Director who shall be appointed by the Secretary and who shall report to the Under Secretary. Requires the Director to administer the Acceleration Fund for Research and Development of Homeland Security Technologies (established by this Act) to award competitive, merit-reviewed grants, cooperative agreements, or contracts to public or private entities to: (1) support basic and applied homeland security research to promote revolutionary changes in technologies that would promote homeland security; (2) advance the development, testing and evaluation, and deployment of critical homeland security technologies; and (3) accelerate the prototyping and deployment of technologies that would address homeland security vulnerabilities. Allows the Director to solicit proposals to address specific vulnerabilities. Requires the Director to periodically hold homeland security technology demonstrations to improve contact among technology developers, vendors, and acquisition personnel.
Authorizes appropriations to the Fund. Earmarks ten percent of such funds for each fiscal year through FY 2005 for the Under Secretary, through joint agreement with the Commandant of the Coast Guard, to carry out R&D of improved ports, waterways, and coastal security surveillance and perimeter protection capabilities to minimize the possibility that Coast Guard cutters, aircraft, helicopters, and personnel will be diverted from non-homeland security missions to the ports, waterways, and coastal security mission.
(Sec. 308) Requires the Secretary, acting through the Under Secretary, to: (1) operate extramural R&D programs to ensure that colleges, universities, private research institutes, and companies (and consortia thereof) from as many areas of the United States as practicable participate; and (2) establish a university-based center or centers for homeland security which shall establish a coordinated, university-based system to enhance the Nation's homeland security. Authorizes the Secretary, through the Under Secretary, to: (1) draw upon the expertise of any Government laboratory; and (2) establish a headquarters laboratory for DHS and additional laboratory units.
(Sec. 309) Allows the Secretary, in carrying out DHS missions, to utilize DOE national laboratories and sites through: (1) a joint sponsorship arrangement; (2) a direct contact between DHS and the applicable DOE laboratory or site; (3) any "work for others" basis made available by that laboratory or site; or (4) any other method provided by law. Allows DHS to be a joint sponsor: (1) with DOE of one or more DOE national laboratories; and (2) of a DOE site in the performance of work as if such site were a federally funded R&D center and the work were performed under a multiple agency sponsorship arrangement with DHS Directs the Secretary and the Secretary of DOE to ensure that direct contracts between DHS and the operator of a DOE national laboratory or site for programs or activities transferred from DOE to DHS are separate from the direct contracts of DOE with such operator.
Establishes within the Directorate of Science and Technology an Office for National Laboratories which shall be responsible for the coordination and utilization of DOE national laboratories and sites in a manner to create a networked laboratory system to support DHS missions.
(Sec. 310) Directs the Secretary of Agriculture to transfer to the Secretary the Plum Island Animal Disease Center of the Department of Agriculture and provides for continued Department of Agriculture access to such Center.
(Sec. 311) Establishes within DHS a Homeland Security Science and Technology Advisory Committee to make recommendations with respect to the activities of the Under Secretary.
(Sec. 312) Directs the Secretary to establish the Homeland Security Institute, a federally funded R&D center. Includes among authorized duties for the Institute: (1) determination of the vulnerabilities of the Nation's critical infrastructures; (2) assessment of the costs and benefits of alternative approaches to enhancing security; and (3) evaluation of the effectiveness of measures deployed to enhance the security of institutions, facilities, and infrastructure that may be terrorist targets.
(Sec. 313) Requires the Secretary to establish and promote a program to encourage technological innovation in facilitating the mission of DHS, to include establishment of: (1) a centralized Federal clearinghouse to further the dissemination of information on technologies; and (2) a technical assistance team to assist in screening submitted proposals.
Title IV: Directorate of Border and Transportation Security—Subtitle A: Under Secretary for Border and Transportation Security—(Sec. 401) Establishes in DHS a Directorate of Border and Transportation Security to be headed by an Under Secretary for Border and Transportation Security. Makes the Secretary, acting through the Under Secretary for Border and Transportation Security, responsible for: (1) preventing the entry of terrorists and the instruments of terrorism into the United States; (2) securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the United States; (3) carrying out the immigration enforcement functions vested by statute in, or performed by, the Commissioner of Immigration and Naturalization immediately before their transfer to the Under Secretary; (4) establishing and administering rules governing the granting of visas or other forms of permission to enter the United States to individuals who are not citizens or aliens lawfully admitted for permanent residence in the United States; (5) establishing national immigration enforcement policies and priorities; (6) administering the customs laws of the United States (with certain exceptions); (7) conducting the inspection and related administrative functions of the Department of Agriculture transferred to the Secretary; and (8) ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce in carrying out the foregoing responsibilities.
(Sec. 403) Transfers to the Secretary the functions, personnel, assets, and liabilities of: (1) the U.S. Customs Service; (2) the Transportation Security Administration; (3) the Federal Protective Service of the General Services Administration (GSA); (4) the Federal Law Enforcement Training Center of the Department of the Treasury; and (5) the Office for Domestic Preparedness of the Office of Justice Programs of the Department of Justice (DOJ).
Subtitle B: United States Customs Service—(Sec. 411) Establishes in DHS the U.S. Customs Service (transferred from the Department of the Treasury, but with certain customs revenue functions remaining with the Secretary of the Treasury). Authorizes the Secretary of the Treasury to appoint up to 20 new personnel to work with DHS personnel in performing customs revenue functions.
(Sec. 414) Requires the President to include a separate budget request for the U.S. Customs Service in the annual budget transmitted to Congress.
(Sec. 416) Directs the Comptroller General to report to Congress on all trade functions performed by the executive branch, specifying each agency that performs each such function.
(Sec. 417) Directs the Secretary to ensure that adequate staffing is provided to assure that levels of current customs revenue services will continue to be provided. Requires the Secretary to notify specified congressional committees prior to taking any action which would: (1) result in any significant reduction in customs revenue services (including hours of operation provided at any office within DHS or any port of entry); (2) eliminate or relocate any office of DHS which provides customs revenue services; or (3) eliminate any port of entry.
(Sec. 419) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to create in the Treasury a separate Customs Commercial and Homeland Security Automation Account to contain merchandise processing (customs user) fees. Authorizes appropriations for FY 2003 through 2005 for establishment of the Automated Commercial Environment computer system for the processing of merchandise that is entered or released and for other purposes related to the functions of DHS.
Subtitle C: Miscellaneous Provisions—(Sec. 421) Transfers to the Secretary the functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under specified animal and plant protection laws.
Requires the Secretary of Agriculture and the Secretary to enter into an agreement to effectuate such transfer and to transfer periodically funds collected pursuant to fee authorities under the Food, Agriculture, Conservation, and Trade Act of 1990 to the Secretary for activities carried out by the Secretary for which such fees were collected.
Directs the Secretary of Agriculture to transfer to the Secretary not more than 3,200 full-time equivalent positions of the Department of Agriculture.
(Sec. 423) Directs the Secretary to establish a liaison office within DHS for the purpose of consulting with the Administrator of the Federal Aviation Administration before taking any action that might affect aviation safety, air carrier operations, aircraft airworthiness, or the use of airspace.
(Sec. 424) Requires the Transportation Security Administration to be maintained as a distinct entity within DHS under the Under Secretary for Border Transportation and Security for two years after enactment of this Act.
(Sec. 425) Amends Federal aviation law to require the Under Secretary of Transportation for Security to take certain action, if, in his discretion or at the request of an airport, he determines that the Transportation Security Administration is not able to deploy explosive detection systems at all airports required to have them by December 31, 2002. Requires the Under Secretary, in such circumstances, to: (1) submit to specified congressional committees a detailed plan for the deployment of explosive detection systems at such airport by December 31, 2003; and (2) take all necessary action to ensure that alternative means of screening all checked baggage is implemented.
(Sec. 426) Replaces the Secretary of Transportation with the Secretary of Homeland Security as chair of the Transportation Security Oversight Board. Requires the Secretary of Transportation to consult with the Secretary before approving airport development project grants relating to security equipment or the installation of bulk explosive detection systems.
(Sec. 427) Directs the Secretary, in coordination with the Secretary of Agriculture, the Secretary of Health and Human Services, and the head of each other department or agency determined to be appropriate by the Secretary, to ensure that appropriate information concerning inspections of articles that are imported or entered into the United States, and are inspected or regulated by one or more affected agencies, is timely and efficiently exchanged between the affected agencies. Requires the Secretary to report to Congress on the progress made in implementing this section.
(Sec. 428) Grants the Secretary exclusive authority to issue regulations with respect to, administer, and enforce the Immigration and Nationality Act (INA) and all other immigration and nationality laws relating to the functions of U.S. diplomatic and consular officers in connection with the granting or refusal of visas, and authority to refuse visas in accordance with law and to develop programs of homeland security training for consular officers, which authorities shall be exercised through the Secretary of State. Denies the Secretary authority, however, to alter or reverse the decision of a consular officer to refuse a visa to an alien.
Grants the Secretary authority also to confer or impose upon any U.S. officer or employee, with the consent of the head of the executive agency under whose jurisdiction such officer or employee is serving, any of these specified functions.
Authorizes the Secretary of State to direct a consular officer to refuse a visa to an alien if the Secretary of State deems such refusal necessary or advisable in the foreign policy or security interests of the United States.
Authorizes the Secretary to assign employees of DHS to any diplomatic and consular posts abroad to review individual visa applications and provide expert advice and training to consular officers regarding specific security threats relating to such applications and to conduct investigations with respect to matters under the Secretary's jurisdiction.
Directs the Secretary to study and report to Congress on the role of foreign nationals in the granting or refusal of visas and other documents authorizing entry of aliens into the United States.
Requires the Director of the Office of Science and Technology Policy to report to Congress on how the provisions of this section will affect procedures for the issuance of student visas.
Terminates after enactment of this Act all third party screening visa issuance programs in Saudi Arabia. Requires on-site personnel of DHS to review all visa applications prior to adjudication.
(Sec. 429) Requires visa denial information to be entered into the electronic data system as provided for in the Enhanced Border Security and Visa Entry Reform Act of 2002. Prohibits an alien denied a visa from being issued a subsequent visa unless the reviewing consular officer makes specified findings concerning waiver of ineligibility.
(Sec. 430) Establishes within the Directorate of Border and Transportation Security the Office for Domestic Preparedness to: (1) coordinate Federal preparedness for acts of terrorism, working with all State, local, tribal, county, parish, and private sector emergency response providers; (2) coordinate or consolidate systems of communications relating to homeland security at all levels of government; (3) direct and supervise Federal terrorism preparedness grant programs for all emergency response providers; and (4) perform specified other related duties.
Subtitle D: Immigration Enforcement Functions—(Sec. 441) Transfers from the Commissioner of Immigration and Naturalization to the Under Secretary for Border and Transportation Security all functions performed under the following programs, and all personnel, assets, and liabilities pertaining to such programs, immediately before such transfer occurs: (1) the Border Patrol program; (2) the detention and removal program; (3) the intelligence program; (4) the investigations program; and (5) the inspections program.
(Sec. 442) Establishes in the Department of Homeland Security (DHS) the Bureau of Border Security, headed by the Assistant Secretary of the Bureau of Border Security who shall: (1) report directly to the Under Secretary; (2) establish and oversee the policies for performing functions transferred to the Under Secretary and delegated to the Assistant Secretary by the Under Secretary; and (3) advise the Under Secretary with respect to any policy or operation of the Bureau that may affect the Bureau of Citizenship and Immigration Services.
Directs the Assistant Secretary to: (1) administer the program to collect information relating to nonimmigrant foreign students and other exchange program participants; and (2) implement a managerial rotation program.
Establishes the position of Chief of Policy and Strategy for the Bureau of Border Security, who shall: (1) make immigration enforcement policy recommendations; and (2) coordinate immigration policy issues with the Chief of Policy and Strategy for the Bureau of Citizenship and Immigration Services.
(Sec. 443) Makes the Under Secretary responsible for: (1) investigating noncriminal allegations of Bureau employee misconduct, corruption, and fraud that are not subject to investigation by the Inspector General for DHS; (2) inspecting and assessing Bureau operations; and (3) analyzing Bureau management.
(Sec. 444) Authorizes the Under Secretary to impose disciplinary action pursuant to policies and procedures applicable to FBI employees.
(Sec. 445) Requires the Secretary of Homeland Security to report on how the Bureau will enforce relevant INA provisions.
(Sec. 446) Expresses the sense of Congress that completing the 14-mile border fence project near San Diego, California, mandated by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 should be a priority for the Secretary.
Subtitle E: Citizenship and Immigration Services—(Sec. 451) Establishes in DHS a Bureau of Citizenship and Immigration Services, headed by the Director of the Bureau of Citizenship and Immigration Services, who shall: (1) establish the policies for performing and administering transferred functions; (2) establish national immigration services policies and priorities; and (3) implement a managerial rotation program.
Authorizes the Director to implement pilot initiatives to eliminate the backlog of immigration benefit applications.
Transfers all Immigration and Naturalization Service (INS) adjudications and related personnel and funding to the Director.
Establishes for the Bureau positions of: (1) Chief of Policy and Strategy; (2) legal adviser; (3) budget officer; and (4) Chief of the Office of Citizenship to promote citizenship instruction and training for aliens interested in becoming naturalized U.S. citizens.
(Sec. 452) Establishes within the DHS a Citizenship and Immigration Services Ombudsman, with local offices, to: (1) assist individuals and employers resolve problems with the Bureau; (2) identify problem areas; and (3) propose administrative and legislative changes.
(Sec. 453) Makes the Director responsible for (1) investigating noncriminal allegations of Bureau employee misconduct, corruption, and fraud that are not subject to investigation by the Inspector General of DHS; (2) inspecting and assessing Bureau operations; and (3) analyzing Bureau management.
(Sec. 454) Authorizes the Director to impose disciplinary action pursuant to policies and procedures applicable to FBI employees.
(Sec. 456) Sets forth transfer of authority and transfer and allocation of appropriations and personnel provisions.
(Sec. 457) Amends the INA to repeal the provision permitting fees for adjudication and naturalization services to be set at a level that will ensure recovery of the costs of similar services provided without charge to asylum applicants.
(Sec. 458) Amends the Immigration Services and Infrastructure Improvements Act of 2000 to change the deadline for the Attorney General to eliminate the backlog in the processing of immigration benefit applications to one year after enactment of this Act.
(Sec. 459) Directs the Secretary to report on how the Bureau of Citizenship and Immigration Services will efficiently complete transferred INS adjudications.
(Sec. 460) Directs the Attorney General to report on changes in law needed to ensure an appropriate response to emergent or unforseen immigration needs.
(Sec. 461) Directs the Secretary to: (1) establish an Internet-based system that will permit online information access to a person, employer, immigrant, or nonimmigrant about the processing status of any filings for any benefit under the INA; (2) conduct a feasibility study for online filing and improved processing; and (3) establish a Technology Advisory Committee.
(Sec. 462) Transfers to the Director of the Office of Refugee Resettlement of the Department of Health and Human Services (HHS) INS functions with respect to the care of unaccompanied alien children (as defined by this Act).
Sets forth the responsibilities of the Office for such children, including: (1) coordinating and implementing the care and placement of unaccompanied alien children who are in Federal custody, including appointment of independent legal counsel to represent the interests of each child; (2) identifying and overseeing individuals, entities, and facilities to house such children; (3) family reunification; (4) compiling, updating, and publishing at least annually a State-by-State list of professionals or other entities qualified to provide guardian and attorney representation services; (5) maintaining related biographical and statistical information; and (6) conducting investigations and inspections of residential facilities.
Directs the Office to: (1) consult with juvenile justice professionals to ensure such children's safety; and (2) not release such children upon their own recognizance.
Subtitle F: General Immigration Provisions—(Sec. 471) Abolishes INS upon completion of all transfers from it as provided for by this Act.
(Sec. 472) Authorizes the Attorney General and the Secretary to make voluntary separation incentive payments, after completion of a strategic restructuring plan, to employees of: (1) INS; (2) the Bureau of Border Security of DHS; and (3) the Bureau of Citizenship and Immigration Services of DHS.
(Sec. 473) Directs the Attorney General and the Secretary to conduct a demonstration project to determine whether policy or procedure revisions for employee discipline would result in improved personnel management.
(Sec. 474) Expresses 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 should be adequately funded; and (2) the functions transferred should not operate at levels below those in effect prior to the enactment of this Act.
(Sec. 475) Establishes within the Office of Deputy Secretary a Director of Shared Services who shall be responsible for: (1) information resources management; and (2) records, forms, and file management.
(Sec. 476) Provides for budgetary and funding separation with respect to the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
(Sec. 477) Sets forth reporting and implementation plan provisions.
(Sec. 478) Directs the Secretary to annually report regarding: (1) the aggregate number of all immigration applications and petitions received, and processed; (2) regional statistics on the aggregate number of denied applications and petitions; (3) application and petition backlogs and a backlog elimination plan; (4) application and petition processing periods; (5) number, types, and disposition of grievances and plans to improve immigration services; and (6) appropriate use of immigration-related fees.
Expresses the sense of Congress that: (1) the quality and efficiency of immigration services should be improved after the transfers made by Act; and (2) the Secretary should undertake efforts to guarantee that such concerns are addressed after such effective date.
Title V: Emergency Preparedness and Response—(Sec. 501) Establishes in DHS a Directorate of Emergency Preparedness and Response, headed by an Under Secretary.
(Sec. 502) Requires the responsibilities of the Secretary, acting through the Under Secretary, to include: (1) helping to ensure the effectiveness of emergency response providers to terrorist attacks, major disasters, and other emergencies; (2) with respect to the Nuclear Incident Response Team, establishing and certifying compliance with standards, conducting joint and other exercises and training, and providing funds to the Department of Energy and the Environmental Protection Agency for homeland security planning, training, and equipment; (3) providing the Federal Government's response to terrorist attacks and major disasters; (4) aiding recovery from terrorist attacks and major disasters; (5) building a comprehensive national incident management system with Federal, State, and local governments to respond to such attacks and disasters; (6) consolidating existing Federal Government emergency response plans into a single, coordinated national response plan; and (7) developing comprehensive programs for developing interoperative communications technology and helping to ensure that emergency response providers acquire such technology.
(Sec. 503) Transfers to the Secretary the functions, personnel, assets, and liabilities of: (1) the Federal Emergency Management Agency (FEMA); (2) the Integrated Hazard Information System of the National Oceanic and Atmospheric Administration, which shall be renamed FIRESAT; (3) the National Domestic Preparedness Office of the FBI; (4) the Domestic Emergency Support Teams of DOJ; (5) the Office of Emergency Preparedness, the National Disaster Medical System, and the Metropolitan Medical Response System of HHS; and (6) the Strategic National Stockpile of HHS.
(Sec. 504) Requires the Nuclear Incident Response Team, at the direction of the Secretary (in connection with an actual or threatened terrorist attack, major disaster, or other emergency in the United States), to operate as an organizational unit of DHS under the Secretary's authority and control.
(Sec. 505) Provides that, with respect to all public health-related activities to improve State, local, and hospital preparedness and response to chemical, biological, radiological, and nuclear and other emerging terrorist threats carried out by HHS (including the Public Health Service), the Secretary of HHS shall set priorities and preparedness goals and further develop a coordinated strategy for such activities in collaboration with the Secretary.
(Sec. 506) Defines the Nuclear Incident Response Team to include: (1) those entities of the Department of Energy that perform nuclear or radiological emergency support functions, radiation exposure functions at the medical assistance facility known as the Radiation Emergency Assistance Center/Training Site (REAC/TS), radiological assistance functions, and related functions; and (2) Environmental Protection Agency entities that perform such support functions and related functions.
(Sec. 507) Includes in the homeland security role of FEMA: (1) all functions and authorities prescribed by the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and (2) a comprehensive, risk-based emergency management program of mitigation, of planning for building the emergency management profession, of response, of recovery, and of increased efficiencies. Maintains FEMA as the lead agency for the Federal Response Plan established under Executive Orders 12148 and 12656. Requires the FEMA Director to revise the Plan to reflect the establishment of and incorporate DHS.
(Sec. 508) Directs the Secretary, to the maximum extent practicable, to use national private sector networks and infrastructure for emergency response to major disasters.
(Sec. 509) Expresses the sense of Congress that the Secretary should: (1) use off-the-shelf commercially developed technologies to allow DHS to collect, manage, share, analyze, and disseminate information securely over multiple channels of communication; and (2) rely on commercial sources to supply goods and services needed by DHS.
Title XIV: Arming Pilots Against Terrorism—Arming Pilots Against Terrorism Act—(Sec. 1402) Amends Federal law to direct the Under Secretary of Transportation for Security (in the Transportation Security Administration) to establish a two-year pilot program to: (1) deputize volunteer pilots of air carriers as Federal law enforcement officers to defend the flight decks of aircraft against acts of criminal violence or air piracy (Federal flight deck officers); and (2) provide training, supervision, and equipment for such officers.
Requires the Under Secretary to begin the process of training and deputizing qualified pilots to be Federal flight deck officers under the program. Allows the Under Secretary to request another Federal agency to deputize such officers.
Directs the Under Secretary to authorize flight deck officers to carry firearms and to use force, including lethal force, according to standards and circumstances the Under Secretary prescribes. Shields air carriers from liability for damages in Federal or State court arising out of a Federal flight deck officer's use of or failure to use a firearm. Shields flight deck officers from liability for acts or omissions in defending the flight deck of an aircraft against acts of criminal violence or air piracy, except in cases of gross negligence or willful misconduct.
Declares that if an accidental discharge of a firearm results in the injury or death of a passenger or crew member on the aircraft, the Under Secretary: (1) shall revoke the deputization of the responsible Federal flight deck officer if such discharge was attributable to the officer's negligence; and (2) may temporarily suspend the pilot program if the Under Secretary determines that a shortcoming in standards, training, or procedures was responsible for the accidental discharge.
Prohibits an air carrier from prohibiting a pilot from becoming a Federal flight deck officer, or threatening any retaliatory action against the pilot for doing so.
Declares the sense of Congress that the Federal air marshal program is critical to aviation security, and that nothing in this Act shall be construed as preventing the Under Secretary from implementing and training Federal air marshals.
(Sec. 1403) Directs the Under Secretary, in updating the guidance for training flight and cabin crews, to issue a rule to: (1) require both classroom and effective hands-on situational training in specified elements of self-defense; (2) require training in the proper conduct of a cabin search, including the duty time required to conduct it; (3) establish the required number of hours of training and the qualifications for training instructors; (4) establish the intervals, number of hours, and elements of recurrent training; (5) ensure that air carriers provide the initial training within 24 months of the enactment of this Act. Directs the Under Secretary to designate an official in the Transportation Security Administration to be responsible for overseeing the implementation of the training program; and (6) ensure that no person is required to participate in any hands-on training activity that such person believes will have an adverse impact on his or her health or safety.
Amends the Aviation and Transportation Security Act to authorize the Under Secretary to take certain enhanced security measures, including to require that air carriers provide flight attendants with a discreet, hands-free, wireless method of communicating with the pilot of an aircraft.
Directs the Under Secretary to study and report to Congress on the benefits and risks of providing flight attendants with nonlethal weapons to aide in combating air piracy and criminal violence on commercial airlines.
(Sec. 1404) Directs the Secretary of Transportation to study and report within six months to Congress on: (1) the number of armed Federal law enforcement officers (other than Federal air marshals) who travel on commercial airliners annually, and the frequency of their travel; (2) the cost and resources necessary to provide such officers with supplemental aircraft anti-terrorism training comparable to the training that Federal air marshals receive; (3) the cost of establishing a program at a Federal law enforcement training center for the purpose of providing new Federal law enforcement recruits with standardized training comparable to Federal air marshal training; (4) the feasibility of implementing a certification program designed to ensure that Federal law enforcement officers have completed aircraft anti-terrorism training, and track their travel over a six-month period; and (5) the feasibility of staggering the flights of such officers to ensure the maximum amount of flights have a certified trained Federal officer on board.
(Sec. 1405) Amends Federal aviation law to require the Under Secretary to respond within 90 days of receiving a request from an air carrier for authorization to allow pilots of the air carrier to carry less-than-lethal weapons.
Title XVI: Corrections to Existing Law Relating to Airline Transportation Security—(Sec. 1601) Amends Federal aviation law to require the Administrator of the Federal Aviation Administration (FAA), along with the Under Secretary of Transportation for Security, to each conduct research (including behavioral research) and development activities to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security.
Directs the Secretary of Transportation (currently, the Under Secretary) to prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this section if the Secretary of Transportation decides disclosing such information would: (1) be an unwarranted invasion of personal privacy; (2) reveal a trade secret or privileged or confidential commercial or financial information; or (3) be detrimental to the safety of passengers in transportation. Sets forth similar provisions requiring the Under Secretary to prescribe regulations prohibiting the disclosure of information obtained or developed in carrying out security under authority of the Aviation and Transportation Security Act (PL107-71).
(Sec. 1602) Increases the maximum civil penalty to $25,000 for a person who violates certain aviation security requirements while operating an aircraft for the transportation of passengers or property for compensation (except an individual serving as an airman).
(Sec. 1603) Revises certain hiring security screener standards to allow a national (currently, only a citizen) of the United States to become a security screener.