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.
Sec. 2. Definitions.
Sec. 3. Construction; severability.
Sec. 4. Effective date.
TITLE I—DEPARTMENT OF HOMELAND SECURITY
Sec. 101. Executive department; mission.
Sec. 102. Secretary; functions.
Sec. 103. Other officers.
Sec. 104. National Council of First Responders.
TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE
PROTECTION
Subtitle A—Under Secretary for Information Analysis and Infrastructure
Protection
Sec. 201. Under Secretary for Information Analysis and Infrastructure Protec-
tion.
Sec. 202. Functions transferred.
Sec. 203. Access to information.
Sec. 204. Procedures for sharing information.
Sec. 205. Privacy officer.
Sec. 206. Federal cybersecurity program.
Sec. 207. Enhancement of non-Federal cybersecurity.
Sec. 208. Information security.
Subtitle B—Intelligence Analysis Center
Sec. 211. Intelligence Analysis Center
Sec. 212. Mission of the Intelligence Analysis Center.
Sec. 213. Net Guard.
TITLE III—SCIENCE AND TECHNOLOGY
Sec. 301. Under Secretary for Science and Technology.
Sec. 302. Functions transferred.
Sec. 303. Conduct of certain public health-related activities.
Sec. 304. Federally funded research and development center.
Sec. 305. Miscellaneous provisions.
Sec. 306. Homeland Security Science and Technology Coordination Council.
Sec. 307. Conduct of research, development, demonstration, testing and evalua-
tion.
Sec. 308. Transfer of Plum Island Animal Disease Center, Department of Agri-
culture.
Sec. 309. Homeland Security Science and Technology Advisory Committee.
Sec. 310. Homeland Security Institute.
Sec. 311. Technology clearinghouse to encourage and support innovative solu-
tions to enhance homeland security.
TITLE IV—BORDER AND TRANSPORTATION SECURITY
Subtitle A—General Provisions
Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Functions transferred.
Sec. 403. Visa issuance.
Sec. 404. Transfer of certain agricultural inspection functions of the Depart-
ment of Agriculture.
Sec. 405. Functions of Administrator of General Services.
Sec. 406. Functions of Transportation Security Administration.
Sec. 407. Preservation of Transportation Security Administration as a distinct
entity.
Sec. 408. Annual assessment of terrorist-related threats to public transpor-
tation.
Sec. 409. Explosive detection systems.
Sec. 410. Transportation security.
Subtitle B—Immigration and Nationality Functions
CHAPTER 1—IMMIGRATION ENFORCEMENT
Sec. 411. Transfer of functions to under Secretary for Border and Transpor-
tation Security.
Sec. 412. Establishment of Bureau of Border Security.
Sec. 413. Professional responsibility and quality review.
Sec. 414. Employee discipline.
Sec. 415. Report on improving enforcement functions.
Sec. 416. Sense of Congress regarding construction of fencing near San Diego,
California.
CHAPTER 2—CITIZENSHIP AND IMMIGRATION SERVICES
SUBCHAPTER A—TRANSFERS OF FUNCTIONS
Sec. 421. Establishment of Bureau of Citizenship and Immigration Services.
Sec. 422. Citizenship and Immigration Services Ombudsman.
Sec. 423. Professional responsibility and quality review.
Sec. 424. Employee discipline.
Sec. 425. Office of Immigration Statistics within Bureau of Justice Statistics.
Sec. 426. Preservation of Attorney General’s authority.
Sec. 427. Effective date.
Sec. 428. Transition.
SUBCHAPTER B—OTHER PROVISIONS
Sec. 431. Funding for citizenship and immigration services.
Sec. 432. Backlog elimination.
Sec. 433. Report on improving immigration services.
Sec. 434. Report on responding to fluctuating needs.
Sec. 435. Application of Internet-based technologies.
Sec. 436. Children’s affairs.
CHAPTER 3—GENERAL PROVISIONS
Sec. 441. Abolishment of INS.
Sec. 442. Voluntary separation incentive payments.
Sec. 443. Authority to conduct a demonstration project relating to disciplinary
action.
Sec. 444. Sense of Congress.
Sec. 445. Reports and implementation plans.
Sec. 446. Immigration functions.
Subtitle C—United States Customs Service
Sec. 451. Establishment; Commissioner of Customs.
Sec. 452. Retention of customs revenue functions by Secretary of the Treasury.
Sec. 453. Establishment and implementation of cost accounting system; re-
ports.
Sec. 454. Preservation of Customs funds.
Sec. 455. Separate budget request for Customs.
Sec. 456. Payment of duties and fees.
Sec. 457. Definition.
Sec. 458. GAO report to Congress.
Sec. 459. Allocation of resources by the Secretary.
Sec. 460. Reports to Congress.
Sec. 461. Customs user fees.
TITLE V—EMERGENCY PREPAREDNESS AND RESPONSE
Sec. 501. Under Secretary for Emergency Preparedness and Response.
Sec. 502. Functions transferred.
Sec. 503. Nuclear incident response.
Sec. 504. Definition.
Sec. 505. Conduct of certain public-health related activities.
Sec. 506. Role of Federal Emergency Management Agency.
Sec. 507. Sense of Congress regarding funding of trauma systems.
TITLE VI—MANAGEMENT
Sec. 601. Under Secretary for Management.
Sec. 602. Chief Financial Officer.
Sec. 603. Chief Information Officer.
Sec. 604. Establishment of Office for Civil Rights and Civil Liberties.
Sec. 605. Consolidation and co-location of offices.
TITLE VII—MISCELLANEOUS
Subtitle A—Inspector General
Sec. 701. Authority of the Secretary.
Subtitle B—United States Secret Service
Sec. 711. Functions transferred.
Subtitle C—Critical Infrastructure Information
Sec. 721. Short title.
Sec. 722. Definitions.
Sec. 723. Designation of critical infrastructure protection program.
Sec. 724. Protection of voluntarily shared critical infrastructure information.
Sec. 725. No private right of action.
Subtitle D—Acquisitions
Sec. 731. Research and development projects.
Sec. 732. Personal services.
Sec. 733. Special streamlined acquisition authority.
Sec. 734. Procurements from small businesses.
Sec. 735. Prohibition on contracting with corporate expatriates.
Subtitle E—Property
Sec. 741. Department headquarters.
Subtitle F—Support Anti-Terrorism by Fostering Effective Technologies Act
of 2002 (the SAFETY Act)
Sec. 751. Short title.
Sec. 752. Administration.
Sec. 753. Litigation management.
Sec. 754. Risk management.
Sec. 755. Definitions.
Subtitle G—Other Provisions
Sec. 761. Establishment of human resources management system.
Sec. 762. Labor-management relations.
Sec. 763. Advisory committees.
Sec. 764. Reorganization; transfer of appropriations.
Sec. 765. Miscellaneous authorities.
Sec. 766. Military activities.
Sec. 767. Regulatory authority and preemption.
Sec. 768. Provisions regarding transfers from Department of Energy.
Sec. 769. Counternarcotics officer.
Sec. 770. Office of International Affairs.
Sec. 771. Prohibition of the terrorism information and prevention system.
Sec. 772. Review of pay and benefit plans.
Sec. 773. Role of the District of Columbia.
Sec. 774. Transfer of the Federal Law Enforcement Training Center.
Sec. 775. Requirement to comply with laws protecting equal employment oppor-
tunity and providing whistleblower protections.
Sec. 776. Federal Law Enforcment Training Center.
Sec. 777. Office for State and local government coordination.
Sec. 778. Reporting requirements.
Sec. 779. Joint Interagency Task Force.
Sec. 780. Sense of Congress reaffirming the continued importance and applica-
bility of the Posse Comitatus Act.
Sec. 781. Air Transportation Safety and System Stabilization Act Amend-
ments.
Subtitle H—Information Sharing
Sec. 790. Short title.
Sec. 791. Findings and sense of Congress.
Sec. 792. Facilitating homeland security information sharing procedures.
Sec. 793. Report.
Sec. 794. Authorization of appropriations.
Sec. 795. Authority to share grand jury information.
Sec. 796. Authority to share electronic, wire, and oral interception information.
Sec. 797. Foreign intelligence information.
Sec. 798. Information acquired from an electronic surveillance.
Sec. 799. Information acquired from a physical search.
TITLE VIII—TRANSITION
Subtitle A—Reorganization Plan
Sec. 801. Definitions.
Sec. 802. Reorganization plan.
Subtitle B—Transitional Provisions
Sec. 811. Transitional authorities.
Sec. 812. Savings provisions.
Sec. 813. Terminations.
Sec. 814. National identification system not authorized.
Sec. 815. Continuity of Inspector General oversight.
Sec. 816. Reference.
TITLE IX—CONFORMING AND TECHNICAL AMENDMENTS
Sec. 901. Inspector General Act of 1978.
Sec. 902. Executive Schedule.
Sec. 903. United States Secret Service.
Sec. 904. Coast Guard.
Sec. 905. Strategic National Stockpile and smallpox vaccine development.
Sec. 906. Transfer of certain security and law enforcement functions and au-
thorities.
Sec. 907. Transportation security regulations.
Sec. 908. Railroad security laws.
Sec. 909. Office of Science and Technology Policy.
Sec. 910. National Oceanographic Partnership Program.
Sec. 911. Chief Financial Officer.
Sec. 912. Chief Information Officer.
TITLE X—NATIONAL HOMELAND SECURITY COUNCIL
Sec. 1001. National Homeland Security Council.
Sec. 1002. Function.
Sec. 1003. Membership.
Sec. 1004. Other functions and activities.
Sec. 1005. Homeland security budget.
Sec. 1006. Staff composition.
Sec. 1007. Relation to the National Security Council.
TITLE XI—INFORMATION SECURITY
Sec. 1101. Information security.
Sec. 1102. Management of information technology.
Sec. 1103. National Institute of Standards and Technology.
Sec. 1104. Information Security and Privacy Advisory Board.
Sec. 1105. Technical and conforming amendments.
Sec. 1106. Construction.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Each of the terms ‘‘American homeland’’
and ‘‘homeland’’ means the United States.
(2) The term ‘‘appropriate congressional com-
mittee’’ means any committee of the House of Rep-
resentatives or the Senate having legislative or over-
sight jurisdiction under the Rules of the House of
Representatives or the Senate, respectively, over the
matter concerned.
(3) The term ‘‘assets’’ includes contracts, facili-
ties, property, records, unobligated or unexpended
balances of appropriations, and other funds or re-
sources (other than personnel).
(4) The term ‘‘critical infrastructure’’ has the
meaning given that term in section 1016(e) of Pub-
lic Law 107–56 (42 U.S.C. 5195c(e)).
(5) The term ‘‘Department’’ means the Depart-
ment of Homeland Security.
(6) The term ‘‘emergency response providers’’
includes Federal, State, and local emergency public
safety, law enforcement, emergency response, emer-
gency medical (including hospital emergency facili-
ties), and related personnel, agencies, and authori-
ties.
(7) The term ‘‘executive agency’’ means an ex-
ecutive agency and a military department, as de-
fined, respectively, in sections 105 and 102 of title
5, United States Code.
(8) The term ‘‘functions’’ includes authorities,
powers, rights, privileges, immunities, programs,
projects, activities, duties, and responsibilities.
(9) The term ‘‘key resources’’ means publicly or
privately controlled resources essential to the mini-
mal operations of the economy and government.
(10) The term ‘‘local government’’ means—
(A) a county, municipality, city, town,
township, local public authority, school district,
special district, intrastate district, council of
governments (regardless of whether the council
of governments is incorporated as a nonprofit
corporation under State law), regional or inter-
state government entity, or agency or instru-
mentality of a local government;
(B) an Indian tribe or authorized tribal or-
ganization, or Alaska Native village or organi-
zation; and
(C) a rural community, unincorporated
town or village, or other public entity.
(11) The term ‘‘major disaster’’ has the mean-
ing given in section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
(12) The term ‘‘personnel’’ means officers and
employees.
(13) The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
(14) The term ‘‘State’’ means any State of the
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any possession of the
United States.
(15) The term ‘‘terrorism’’ means any activity
that—
(A) involves an act that—
(i) is dangerous to human life or po-
tentially destructive of critical infrastruc-
ture or key resources; and
(ii) is a violation of the criminal laws
of the United States or of any State or
other subdivision of the United States; and
(B) appears to be intended—
(i) to intimidate or coerce a civilian
population;
(ii) to influence the policy of a govern-
ment by intimidation or coercion; or
(iii) to affect the conduct of a govern-
ment by mass destruction, assassination,
or kidnapping.
(16) The term ‘‘United States’’, when used in
a geographic sense, means any State of the United
States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, any possession of the United States, and
any waters within the jurisdiction of the United
States.
SEC. 3. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unen-
forceable by its terms, or as applied to any person or cir-
cumstance, shall be construed so as to give it the max-
imum effect permitted by law, unless such holding shall
be one of utter invalidity or unenforceability, in which
event such provision shall be deemed severable from this
Act and shall not affect the remainder thereof, or the ap-
plication of such provision to other persons not similarly
situated or to other, dissimilar circumstances.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect thirty days after the date
of enactment or, if enacted within thirty days before Janu-
ary 1, 2003, on January 1, 2003.
TITLE I—DEPARTMENT OF
HOMELAND SECURITY
SEC. 101. EXECUTIVE DEPARTMENT; MISSION.
(a) ESTABLISHMENT.—There is established a De-
partment of Homeland Security, as an executive depart-
ment of the United States within the meaning of title 5,
United States Code.
(b) MISSION.—
(1) IN GENERAL.—The primary mission of the
Department is to—
(A) prevent terrorist attacks within the
United States;
(B) reduce the vulnerability of the United
States to terrorism;
(C) minimize the damage, and assist in the
recovery, from terrorist attacks that do occur
within the United States;
(D) carry out all functions of entities
transferred to the Department, including by
acting as a focal point regarding natural and
manmade crises and emergency planning;
(E) ensure that the functions of the agen-
cies and subdivisions within the Department
that are not related directly to securing the
homeland are not diminished or neglected ex-
cept by a specific explicit Act of Congress;
(F) ensure that the overall economic secu-
rity of the United States is not diminished by
efforts, activities, and programs aimed at secur-
ing the homeland; and
(G) monitor connections between illegal
drug trafficking and terrorism, coordinate ef-
forts to sever such connections, and otherwise
contribute to efforts to interdict illegal drug
trafficking.
(2) RESPONSIBILITY FOR INVESTIGATING AND
PROSECUTING TERRORISM.—Except as specifically
provided by law with respect to entities transferred
to the Department under this Act, primary responsi-
bility for investigating and prosecuting acts of ter-
rorism shall be vested not in the Department, but
rather in Federal, State, and local law enforcement
agencies with jurisdiction over the acts in question.
SEC. 102. SECRETARY; FUNCTIONS.
(a) SECRETARY.—(1) There is a Secretary of Home-
land Security, appointed by the President, by and with the
advice and consent of the Senate.
(2) The Secretary is the head of the Department and
shall have direction, authority, and control over it.
(3) All functions of all officers, employees, and orga-
nizational units of the Department are vested in the Sec-
retary.
(b) FUNCTIONS.—The Secretary—
(1) except as otherwise provided by this Act,
may delegate any of the Secretary’s functions to any
officer, employee, or organizational unit of the De-
partment;
(2) shall have the authority to make contracts,
grants, and cooperative agreements, and to enter
into agreements with other executive agencies, as
may be necessary and proper to carry out the Sec-
retary’s responsibilities under this Act or otherwise
provided by law; and
(3) shall take reasonable steps to ensure that
information systems and databases of the Depart-
ment are compatible with each other and with ap-
propriate databases of other Departments.
(c) COORDINATION
WITH
NON-FEDERAL
ENTI-
TIES.—With respect to homeland security, the Secretary
shall coordinate (including the provision of training and
equipment) with State and local government personnel,
agencies, and authorities, with the private sector, and with
other entities, including by—
(1) coordinating with State and local govern-
ment personnel, agencies, and authorities, and with
the private sector, to ensure adequate planning,
equipment, training, and exercise activities;
(2) coordinating and, as appropriate, consoli-
dating, the Federal Government’s communications
and systems of communications relating to homeland
security with State and local government personnel,
agencies, and authorities, the private sector, other
entities, and the public; and
(3) distributing or, as appropriate, coordinating
the distribution of, warnings and information to
State and local government personnel, agencies, and
authorities and to the public.
(d) MEETINGS OF NATIONAL SECURITY COUNCIL.—
The Secretary may, subject to the direction of the Presi-
dent, attend and participate in meetings of the National
Security Council.
(e) ISSUANCE OF REGULATIONS.—The issuance of
regulations by the Secretary shall be governed by the pro-
visions of chapter 5 of title 5, United States Code, except
as specifically provided in this Act, in laws granting regu-
latory authorities that are transferred by this Act, and in
laws enacted after the date of enactment of this Act.
(f) SPECIAL ASSISTANT TO THE SECRETARY.—The
Secretary shall appoint a Special Assistant to the Sec-
retary who shall be responsible for—
(1) creating and fostering strategic communica-
tions with the private sector to enhance the primary
mission of the Department to protect the American
homeland;
(2) advising the Secretary on the impact of the
Department’s policies, regulations, processes, and
actions on the private sector;
(3) interfacing with other relevant Federal
agencies with homeland security missions to assess
the impact of these agencies’ actions on the private
sector;
(4) creating and managing private sector advi-
sory councils composed of representatives of indus-
tries and associations designated by the Secretary
to—
(A) advise the Secretary on private sector
products, applications, and solutions as they re-
late to homeland security challenges; and
(B) advise the Secretary on homeland se-
curity policies, regulations, processes, and ac-
tions that affect the participating industries
and associations;
(5) working with Federal laboratories, Federally
funded research and development centers, other Fed-
erally funded organizations, academia, and the pri-
vate sector to develop innovative approaches to ad-
dress homeland security challenges to produce and
deploy the best available technologies for homeland
security missions;
(6) promoting existing public-private partner-
ships and developing new public-private partnerships
to provide for collaboration and mutual support to
address homeland security challenges; and
(7) assisting in the development and promotion
of private sector best practices to secure critical in-
frastructure.
(g) STANDARDS POLICY.—All standards activities of
the Department shall be conducted in accordance with sec-
tion 12(d) of the National Technology Transfer Advance-
ment Act of 1995 (15 U.S.C. 272 note) and Office of
Management and Budget Circular A–119.
SEC. 103. OTHER OFFICERS.
(a) DEPUTY SECRETARY; UNDER SECRETARIES.—
There are the following officers, appointed by the Presi-
dent, by and with the advice and consent of the Senate:
(1) A Deputy Secretary of Homeland Security,
who shall be the Secretary’s first assistant for pur-
poses of subchapter III of chapter 33 of title 5,
United States Code.
(2) An Under Secretary for Information Anal-
ysis and Infrastructure Protection.
(3) An Under Secretary for Science and Tech-
nology.
(4) An Under Secretary for Border and Trans-
portation Security.
(5) An Under Secretary for Emergency Pre-
paredness and Response.
(6) An Under Secretary for Management.
(7) Not more than four Assistant Secretaries.
(8) A Chief Financial Officer.
(b) INSPECTOR GENERAL.—There is an Inspector
General, who shall be appointed as provided in section
3(a) of the Inspector General Act of 1978.
(c) COMMANDANT OF THE COAST GUARD.—To assist
the Secretary in the performance of the Secretary’s func-
tions, there is a Commandant of the Coast Guard, who
shall be appointed as provided in section 44 of title 14,
United States Code, and who shall report directly to the
Secretary. In addition to such duties as may be provided
in this Act and as assigned to the Commandant by the
Secretary, the duties of the Commandant shall include
those required by section 2 of title 14, United States Code.
(d) OTHER OFFICERS.—To assist the Secretary in
the performance of the Secretary’s functions, there are the
following officers, appointed by the President:
(1) A General Counsel, who shall be the chief
legal officer of the Department.
(2) Not more than eight Assistant Secretaries.
(3) A Director of the Secret Service.
(4) A Chief Information Officer.
(e) PERFORMANCE OF SPECIFIC FUNCTIONS.—Sub-
ject to the provisions of this Act, every officer of the De-
partment shall perform the functions specified by law for
the official’s office or prescribed by the Secretary.
SEC. 104. NATIONAL COUNCIL OF FIRST RESPONDERS.
(a) FINDINGS.—The Congress finds the following:
(1) First responders are key to protecting the
health and safety of our citizens against disasters.
(2) First responders are the Nation’s ready re-
action force of dedicated and brave people who save
lives and property when catastrophe strikes.
(3) First responders have the knowledge, train-
ing, and experience to save lives, often under the
most difficult conditions imaginable.
(4) First responders play an important role in
helping to develop and implement advances in life
saving technology.
(5) First responders are uniquely qualified to
advise the Department of Homeland Security on the
role of first responders in defending our Nation
against terrorism.
(b) ESTABLISHMENT AND ADMINISTRATION.—
(1) There is established within the Department
of Homeland Security a National Council of First
Responders (in this section referred to as the
‘‘Council’’).
(2) The President shall appoint the members of
the Council. The Council shall consist of not less
than 100 members, no more than 10 of whom may
be residents of the same State. Members of the
Council shall be selected from among the ranks of
police, firefighters, emergency medical technicians,
rescue workers, and hospital personnel who are em-
ployed in communities, tribal governments, and po-
litical subdivisions of various regions and population
sizes.
(3) The President shall appoint a Chairman of
the Council.
(4) Members shall be appointed to the Council
for a term of 3 years.
(5) Membership shall be staggered to provide
continuity.
(6) The Council shall meet no fewer than 2
times each year.
(7) Members of the Council shall receive no
compensation for service on the Council.
(8) The Secretary shall detail a single employee
from the Department of Homeland Security to the
Council for the purposes of:
(A) Choosing meeting dates and locations.
(B) Coordinating travel.
(C) Other administrative functions as
needed.
(c) DUTIES.—The Council shall have the following
duties:
(1) Develop a plan to disseminate information
on first response best practices.
(2) Identify and educate the Secretary on the
latest technological advances in the field of first re-
sponse.