H. R. 5005—57
containing the findings of the study conducted under paragraph
(1) to the Committee on the Judiciary, the Committee on Inter-
national Relations, and the Committee on Government Reform
of the House of Representatives, and the Committee on the
Judiciary, the Committee on Foreign Relations, and the Com-
mittee on Government Affairs of the Senate.
(h) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Science and
Technology Policy shall submit to Congress a report on how the
provisions of this section will affect procedures for the issuance
of student visas.
(i) VISA ISSUANCE PROGRAM
FOR SAUDI ARABIA.—Notwith-
standing any other provision of law, after the date of the enactment
of this Act all third party screening programs in Saudi Arabia
shall be terminated. On-site personnel of the Department of Home-
land Security shall review all visa applications prior to adjudication.
SEC. 429. INFORMATION ON VISA DENIALS REQUIRED TO BE ENTERED
INTO ELECTRONIC DATA SYSTEM.
(a) IN GENERAL.—Whenever a consular officer of the United
States denies a visa to an applicant, the consular officer shall
enter the fact and the basis of the denial and the name of the
applicant into the interoperable electronic data system implemented
under section 202(a) of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (8 U.S.C. 1722(a)).
(b) PROHIBITION.—In the case of any alien with respect to
whom a visa has been denied under subsection (a)—
(1) no subsequent visa may be issued to the alien unless
the consular officer considering the alien’s visa application has
reviewed the information concerning the alien placed in the
interoperable electronic data system, has indicated on the
alien’s application that the information has been reviewed,
and has stated for the record why the visa is being issued
or a waiver of visa ineligibility recommended in spite of that
information; and
(2) the alien may not be admitted to the United States
without a visa issued in accordance with the procedures
described in paragraph (1).
SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.
(a) IN GENERAL.—The Office for Domestic Preparedness shall
be within the Directorate of Border and Transportation Security.
(b) DIRECTOR.—There shall be a Director of the Office for
Domestic Preparedness, who shall be appointed by the President,
by and with the advice and consent of the Senate. The Director
of the Office for Domestic Preparedness shall report directly to
the Under Secretary for Border and Transportation Security.
(c) RESPONSIBILITIES.—The Office for Domestic Preparedness
shall have the primary responsibility within the executive branch
of Government for the preparedness of the United States for acts
of terrorism, including—
(1) coordinating preparedness efforts at the Federal level,
and working with all State, local, tribal, parish, and private
sector emergency response providers on all matters pertaining
to combating terrorism, including training, exercises, and equip-
ment support;
H. R. 5005—58
(2) coordinating or, as appropriate, consolidating commu-
nications and systems of communications relating to homeland
security at all levels of government;
(3) directing and supervising terrorism preparedness grant
programs of the Federal Government (other than those pro-
grams administered by the Department of Health and Human
Services) for all emergency response providers;
(4) incorporating the Strategy priorities into planning guid-
ance on an agency level for the preparedness efforts of the
Office for Domestic Preparedness;
(5) providing agency-specific training for agents and
analysts within the Department, other agencies, and State and
local agencies and international entities;
(6) as the lead executive branch agency for preparedness
of the United States for acts of terrorism, cooperating closely
with the Federal Emergency Management Agency, which shall
have the primary responsibility within the executive branch
to prepare for and mitigate the effects of nonterrorist-related
disasters in the United States;
(7) assisting and supporting the Secretary, in coordination
with other Directorates and entities outside the Department,
in conducting appropriate risk analysis and risk management
activities of State, local, and tribal governments consistent
with the mission and functions of the Directorate; and
(8) those elements of the Office of National Preparedness
of the Federal Emergency Management Agency which relate
to terrorism, which shall be consolidated within the Department
in the Office for Domestic Preparedness established under this
section.
(d) FISCAL YEARS 2003 and 2004.—During fiscal year 2003
and fiscal year 2004, the Director of the Office for Domestic
Preparedness established under this section shall manage and carry
out those functions of the Office for Domestic Preparedness of
the Department of Justice (transferred under this section) before
September 11, 2001, under the same terms, conditions, policies,
and authorities, and with the required level of personnel, assets,
and budget before September 11, 2001.
Subtitle D—Immigration Enforcement
Functions
SEC. 441. TRANSFER OF FUNCTIONS TO UNDER SECRETARY FOR
BORDER AND TRANSPORTATION SECURITY.
In accordance with title XV (relating to transition provisions),
there shall be transferred from the Commissioner of Immigration
and Naturalization to the Under Secretary for Border and Transpor-
tation Security all functions performed under the following pro-
grams, 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.
(5) The inspections program.
H. R. 5005—59
SEC. 442. ESTABLISHMENT OF BUREAU OF BORDER SECURITY.
(a) ESTABLISHMENT OF BUREAU.—
(1) IN
GENERAL.—There shall be in the Department of
Homeland Security a bureau to be known as the ‘‘Bureau
of Border Security’’.
(2) ASSISTANT
SECRETARY.—The head of the Bureau of
Border Security shall be the Assistant Secretary of the Bureau
of Border Security, who—
(A) shall report directly to the Under Secretary for
Border and Transportation Security; and
(B) shall have a minimum of 5 years professional
experience in law enforcement, and a minimum of 5 years
of management experience.
(3) FUNCTIONS.—The Assistant Secretary of the Bureau
of Border Security—
(A) shall establish the policies for performing such
functions as are—
(i) transferred to the Under Secretary for Border
and Transportation Security by section 441 and dele-
gated to the Assistant Secretary by the Under Sec-
retary for Border and Transportation Security; or
(ii) otherwise vested in the Assistant Secretary
by law;
(B) shall oversee the administration of such policies;
and
(C) shall advise the Under Secretary for Border and
Transportation Security with respect to any policy or oper-
ation of the Bureau of Border Security that may affect
the Bureau of Citizenship and Immigration Services estab-
lished under subtitle E, including potentially conflicting
policies or operations.
(4) PROGRAM TO COLLECT INFORMATION RELATING TO FOR-
EIGN
STUDENTS.—The Assistant Secretary of the Bureau of
Border Security shall be responsible for administering the pro-
gram to collect information relating to nonimmigrant foreign
students and other exchange program participants described
in section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), including the Stu-
dent and Exchange Visitor Information System established
under that section, and shall use such information to carry
out the enforcement functions of the Bureau.
(5) MANAGERIAL ROTATION PROGRAM.—
(A) IN GENERAL.—Not later than 1 year after the date
on which the transfer of functions specified under section
441 takes effect, the Assistant Secretary of the Bureau
of Border Security shall design and implement a manage-
rial rotation program under which employees of such
bureau holding positions involving supervisory or manage-
rial responsibility and classified, in accordance with chapter
51 of title 5, United States Code, as a GS–14 or above,
shall—
(i) gain some experience in all the major functions
performed by such bureau; and
(ii) work in at least one local office of such bureau.
(B) REPORT.—Not later than 2 years after the date
on which the transfer of functions specified under section
H. R. 5005—60
441 takes effect, the Secretary shall submit a report to
the Congress on the implementation of such program.
(b) CHIEF OF POLICY AND STRATEGY.—
(1) IN
GENERAL.—There shall be a position of Chief of
Policy and Strategy for the Bureau of Border Security.
(2) FUNCTIONS.—In consultation with Bureau of Border
Security personnel in local offices, the Chief of Policy and
Strategy shall be responsible for—
(A) making policy recommendations and performing
policy research and analysis on immigration enforcement
issues; and
(B) coordinating immigration policy issues with the
Chief of Policy and Strategy for the Bureau of Citizenship
and Immigration Services (established under subtitle E),
as appropriate.
(c) LEGAL ADVISOR.—There shall be a principal legal advisor
to the Assistant Secretary of the Bureau of Border Security. The
legal advisor shall provide specialized legal advice to the Assistant
Secretary of the Bureau of Border Security and shall represent
the bureau in all exclusion, deportation, and removal proceedings
before the Executive Office for Immigration Review.
SEC. 443. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.
The Under Secretary for Border and Transportation Security
shall be responsible for—
(1) conducting investigations of noncriminal allegations of
misconduct, corruption, and fraud involving any employee of
the Bureau of Border Security that are not subject to investiga-
tion by the Inspector General for the Department;
(2) inspecting the operations of the Bureau of Border Secu-
rity and providing assessments of the quality of the operations
of such bureau as a whole and each of its components; and
(3) providing an analysis of the management of the Bureau
of Border Security.
SEC. 444. EMPLOYEE DISCIPLINE.
The Under Secretary for Border and Transportation Security
may, notwithstanding any other provision of law, impose discipli-
nary action, including termination of employment, pursuant to poli-
cies and procedures applicable to employees of the Federal Bureau
of Investigation, on any employee of the Bureau of Border Security
who willfully deceives the Congress or agency leadership on any
matter.
SEC. 445. REPORT ON IMPROVING ENFORCEMENT FUNCTIONS.
(a) IN GENERAL.—The Secretary, not later than 1 year after
being sworn into office, shall submit to the Committees on Appro-
priations and the Judiciary of the House of Representatives and
of the Senate a report with a plan detailing how the Bureau
of Border Security, after the transfer of functions specified under
section 441 takes effect, will enforce comprehensively, effectively,
and fairly all the enforcement provisions of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) relating to such functions.
(b) CONSULTATION.—In carrying out subsection (a), the Sec-
retary of Homeland Security shall consult with the Attorney Gen-
eral, the Secretary of State, the Director of the Federal Bureau
of Investigation, the Secretary of the Treasury, the Secretary of
Labor, the Commissioner of Social Security, the Director of the