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Homeland bill nov 25 HR 5005 RH
Union Calendar No. 368
107th CONGRESS
2d Session
H. R. 5005
[Report No. 107-609, Part I]
To establish the Department of Homeland Security, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 24, 2002
Mr. ARMEY (for himself, Mr. HASTERT, Mr. DELAY, Mr. WATTS of Oklahoma, Mr. COX, Ms. PRYCE of Ohio, Mrs. CUBIN, Mr. TOM DAVIS of Virginia, Mr. BLUNT, Mr. PORTMAN, Mr. ADERHOLT, Mr. AKIN, Mr. BALLENGER, Mr. BARR of Georgia, Mr. BASS, Mr. BEREUTER, Mr. BOEHLERT, Mr. BONILLA, Mrs. BONO, Mr. BRADY of Texas, Mr. BROWN of South Carolina, Mr. BURTON of Indiana, Mr. BUYER, Mr. CALVERT, Mr. CAMP, Mr. CANTOR, Mrs. CAPITO, Mr. CASTLE, Mr. CHAMBLISS, Mr. COOKSEY, Mr. CRENSHAW, Mrs. JO ANN DAVIS of Virginia, Mr. DREIER, Mr. DEMINT, Ms. DUNN of Washington, Mr. EHRLICH, Mr. ENGLISH, Mr. FERGUSON, Mr. FORBES, Mr. FOSSELLA, Mr. GANSKE, Mr. GEKAS, Mr. GIBBONS, Mr. GILMAN, Mr. GILLMOR, Mr. GOODE, Ms. GRANGER, Mr. GREEN of Wisconsin, Mr. GREENWOOD, Mr. GRUCCI, Mr. HANSEN, Ms. HARMAN, Ms. HART, Mr. HASTINGS of Washington, Mr. HAYES, Mr. HAYWORTH, Mr. HEFLEY, Mr. HERGER, Mr. HOEKSTRA, Mr. HORN, Mr. HOUGHTON, Mr. ISSA, Mr. JENKINS, Mrs. JOHNSON of Connecticut, Mr. KELLER, Mrs. KELLY, Mr. KING, Mr. KOLBE, Mr. LAHOOD, Mr. LINDER, Mr. MCCRERY, Mr. MCKEON, Mr. MALONEY of Connecticut, Mr. MANZULLO, Mr. DAN MILLER of Florida, Mr. GARY G. MILLER of California, Mrs. MORELLA, Mrs. MYRICK, Mr. NUSSLE, Mr. OSBORNE, Mr. OXLEY, Mr. PICKERING, Mr. PITTS, Mr. PUTNAM, Mr. REHBERG, Mr. ROHRABACHER, Mr. ROYCE, Mrs. ROUKEMA, Mr. RYUN of Kansas, Mr. SAXTON, Mr. SCHROCK, Mr. SENSENBRENNER, Mr. SESSIONS, Mr. SHAW, Mr. SHAYS, Mr. SHERWOOD, Mr. SIMPSON, Mr. SKEEN, Mr. SOUDER, Mr. SWEENEY, Mr. TANCREDO, Mr. TAUZIN, Mr. THORNBERRY, Mr. TIBERI, Mr. UPTON, Mr. SHIMKUS, Mr. WALDEN, Mr. WAMP, Mr. WELDON of Pennsylvania, Mr. WELLER, Mr. WHITFIELD, Mr. WICKER, Mrs. WILSON of New Mexico, and Mr. WILSON of South Carolina) (all by request) introduced the following bill; pursuant to House Resolution 449, referred to the Select Committee on Homeland Security for a period to be subsequently determined by the Speaker, and in addition to the Committees on Agriculture, Appropriations, Armed Services, Energy and Commerce, Financial Services, Government Reform, Intelligence (Permanent Select), International Relations, the Judiciary, Science, Transportation and Infrastructure, and Ways and Means, for a period ending not later than July 12, 2002, in each case for consideration of such matters as fall within the jurisdiction of the committee concerned
July 12, 2002
The Committees on Agriculture, Appropriations, Armed Services, Energy and Commerce, Financial Services, Government Reform, Intelligence (Permanent Select), International Relations, the Judiciary, Science, Transportation and Infrastructure, and Ways and Means discharged
July 24, 2002
Additional sponsors: Mr. HYDE, Mr. SCHIFF, Mr. PENCE, Mr. BISHOP, and Mr. VITTER
July 24, 2002
Reported from the Select Committee on Homeland Security with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 24, 2002]
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A BILL
To establish the Department of Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
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 Protection.
Sec. 202. Functions transferred.
Sec. 203. Access to information.
Sec. 204. Procedures for sharing information.
Sec. 205. Privacy officer.
Sec. 206. Federal cybersecurity program.
Subtitle B--Intelligence Analysis Center
Sec. 211. Intelligence Analysis Center
Sec. 212. Mission of the Intelligence Analysis Center.
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 evaluation.
Sec. 308. Transfer of Plum Island Animal Disease Center, Department of Agriculture.
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 Department 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 transportation.
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 Transportation 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.
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; reports.
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.
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.
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.
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. Advisory committees.
Sec. 763. Reorganization; transfer of appropriations.
Sec. 764. Miscellaneous authorities.
Sec. 765. Military activities.
Sec. 766. Regulatory authority.
Sec. 767. Provisions regarding transfers from Department of Energy.
Sec. 768. Counternarcotics officer.
Sec. 769. Office of International Affairs.
Sec. 770. Prohibition of the terrorism information and prevention system.
Sec. 771. Review of pay and benefit plans.
Sec. 772. Role of the District of Columbia.
Sec. 773. Transfer of the Federal Law Enforcement Training Center.
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. Incidental transfers.
Sec. 815. National identification system not authorized.
Sec. 816. Continuity of Inspector General oversight.
Sec. 817. 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. Biological agent registration; Public Health Service Act.
Sec. 907. Transfer of certain security and law enforcement functions and authorities.
Sec. 908. Transportation security regulations.
Sec. 909. Railroad security laws.
Sec. 910. Office of Science and Technology Policy.
Sec. 911. National Oceanographic Partnership Program.
Sec. 912. Chief Financial Officer.
Sec. 913. 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.
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 committee' means any committee of the House of Representatives or the Senate having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned.
(3) The term `assets' includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel).
(4) The term `critical infrastructure' has the meaning given that term in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
(5) The term `Department' means the Department of Homeland Security.
(6) The term `emergency response providers' includes Federal, State, and local emergency public safety, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.
(7) The term `executive agency' means an executive agency and a military department, as defined, 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 minimal 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 interstate government entity, or agency or instrumentality of a local government;
(B) an Indian tribe or authorized tribal organization, or Alaska Native village or organization; and
(C) a rural community, unincorporated town or village, or other public entity.
(11) The term `major disaster' has the meaning 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 Commonwealth 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 potentially destructive of critical infrastructure 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 government by intimidation or coercion; or
(iii) to affect the conduct of a government 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 unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum 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 application 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 January 1, 2003, on January 1, 2003.
TITLE I--DEPARTMENT OF HOMELAND SECURITY
SEC. 101. EXECUTIVE DEPARTMENT; MISSION.
(a) ESTABLISHMENT- There is established a Department of Homeland Security, as an executive department 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 agencies and subdivisions within the Department that are not related directly to securing the homeland are not diminished or neglected except by a specific explicit Act of Congress; and
(F) ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland.
(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 responsibility for investigating and prosecuting acts of terrorism 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 Homeland 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 organizational units of the Department are vested in the Secretary.
(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 Department;
(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 Secretary'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 Department are compatible with each other and with appropriate databases of other Departments.
(c) COORDINATION WITH NON-FEDERAL ENTITIES- 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 government personnel, agencies, and authorities, and with the private sector, to ensure adequate planning, equipment, training, and exercise activities;
(2) coordinating and, as appropriate, consolidating, 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 President, 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 provisions of chapter 5 of title 5, United States Code, except as specifically provided in this Act, in laws granting regulatory 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 Secretary who shall be responsible for--
(1) creating and fostering strategic communications 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 advisory councils composed of representatives of industries and associations designated by the Secretary to--
(A) advise the Secretary on private sector products, applications, and solutions as they relate to homeland security challenges; and
(B) advise the Secretary on homeland security policies, regulations, processes, and actions that affect the participating industries and associations;
(5) working with Federal laboratories, Federally funded research and development centers, other Federally funded organizations, academia, and the private sector to develop innovative approaches to address homeland security challenges to produce and deploy the best available technologies for homeland security missions;
(6) promoting existing public-private partnerships 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 infrastructure.
(g) STANDARDS POLICY- All standards activities of the Department shall be conducted in accordance with section 12(d) of the National Technology Transfer Advancement 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 President, 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 purposes of subchapter III of chapter 33 of title 5, United States Code.
(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) 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 functions, 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- Subject to the provisions of this Act, every officer of the Department 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 reaction force of dedicated and brave people who save lives and property when catastrophe strikes.
(3) First responders have the knowledge, training, 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 employed in communities, tribal governments, and political subdivisions of various regions and population sizes.
(3) The Director of Homeland Security 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 response.
(3) Identify probable emerging threats to first responders.
(4) Identify needed improvements to first response techniques and training.
(5) Identify efficient means of communication and coordination between first responders and local, State, and Federal officials.
(6) Identify areas in which the Department can assist first responders.
(7) Evaluate the adequacy and timeliness of resources being made available to local first responders.
(d) REPORTING REQUIREMENT- The Council shall report to the Congress by October 1 of each year on how first responders can continue to be most effectively used to meet the ever-changing challenges of providing homeland security for the United States.
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 PROTECTION.
The Secretary, acting through the Under Secretary for Information Analysis and Infrastructure Protection, shall be responsible for the following:
(1) Conducting analysis of information, including foreign intelligence and open source information, lawfully collected by Federal, State and local law enforcement agencies and by elements of the intelligence community with respect to threats of terrorist acts against the United States.
(2) Integrating information, intelligence, and intelligence analyses to produce and disseminate infrastructure vulnerability assessments with respect to such threats.
(3) Identifying priorities for protective and support measures by the Department, by other executive agencies, by State and local governments, by the private sector, and by other entities.
(4) Reviewing, analyzing, and recommending improvements in law, policy, and procedure for the sharing of intelligence and other information with respect to threats against the United States within the Federal Government and between the Federal Government and State and local governments.
(5) Under the direction of the Secretary, developing a comprehensive national plan to provide for the security of key resources and critical infrastructures.
(6) Coordinating with other executive agencies, State and local government personnel, agencies, and authorities, and the private sector, to provide advice on implementation of such comprehensive national plan.
(7) Supporting the intelligence and information requirements of the Department.
(8) Administering the Homeland Security Advisory System, exercising primary responsibility for public advisories relating to terrorist threats, and (in coordination with other executive agencies) providing specific warning information to State and local government personnel, agencies, and authorities, the private sector, other entities, and the public, as well as advice about appropriate protective actions and countermeasures.
SEC. 202. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred to the Secretary the functions, personnel, assets, and obligations of the following:
(1) The National Infrastructure Protection Center of the Federal Bureau of Investigation (other than the Computer Investigations and Operations Section), including the functions of the Attorney General relating thereto.
(2) The National Communications System of the Department of Defense, including the functions of the Secretary of Defense relating thereto.
(3) The Critical Infrastructure Assurance Office of the Department of Commerce, including the functions of the Secretary of Commerce relating thereto.
(4) The Energy Security and Assurance Program of the Department of Energy, including the National Infrastructure Simulation and Analysis Center and the functions of the Secretary of Energy relating thereto.
(5) The Federal Computer Incident Response Center of the General Services Administration, including the functions of the Administrator of General Services relating thereto.
SEC. 203. ACCESS TO INFORMATION.
The Secretary shall have access to all reports, assessments, and analytical information relating to threats of terrorism in the United States and to other areas of responsibility described in section 101(b), and to all information concerning infrastructure or other vulnerabilities of the United States to terrorism, whether or not such information has been analyzed, that may be collected, possessed, or prepared by any executive agency, except as otherwise directed by the President. The Secretary shall also have access to other information relating to the foregoing matters that may be collected, possessed, or prepared by an executive agency, as the President may further provide. With respect to the material to which the Secretary has access under this section--
(1) the Secretary may obtain such material by request, and may enter into cooperative arrangements with other executive agencies to share such material on a regular or routine basis, including requests or arrangements involving broad categories of material;
(2) regardless of whether the Secretary has made any request or entered into any cooperative arrangement pursuant to paragraph (1), all executive agencies promptly shall provide to the Secretary--
(A) all reports, assessments, and analytical information relating to threats of terrorism in the United States and to other areas of responsibility described in section 101(b);
(B) all information concerning infrastructure or other vulnerabilities of the United States to terrorism, whether or not such information has been analyzed;
(C) all information relating to significant and credible threats of terrorism in the United States, whether or not such information has been analyzed, if the President has provided that the Secretary shall have access to such information; and
(D) such other material as the President may further provide;
(3) the Secretary shall have full access and input with respect to information from any national collaborative information analysis capability (as referred to in section 924 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1199)) established jointly by the Secretary of Defense and the Director of Central Intelligence; and
(4) the Secretary shall ensure that any material received pursuant to this section is protected from unauthorized disclosure and handled and used only for the performance of official duties, and that any intelligence information shared under this section shall be transmitted, retained, and disseminated consistent with the authority of the Director of Central Intelligence to protect intelligence sources and methods under the National Security Act and related procedures or, as appropriate, similar authorities of the Attorney General concerning sensitive law enforcement information.
SEC. 204. PROCEDURES FOR SHARING INFORMATION.
The Secretary shall establish procedures on the use of information shared under this title that--
(1) limit the redissemination of such information to ensure that it is not used for an unauthorized purpose;
(2) ensure the security and confidentiality of such information;
(3) protect the constitutional and statutory rights of any 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. 205. PRIVACY OFFICER.
The Secretary shall appoint a senior official in the Department to assume primary responsibility for privacy policy, including--
(1) assuring that the use of information technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information;
(2) assuring that personal information contained in Privacy Act systems of records is handled in full compliance with fair information practices as set out in the Privacy Act of 1974;
(3) evaluating legislative proposals involving collection, use, and disclosure of personal information by the Federal Government;
(4) conducting a privacy impact assessment of proposed rules of the Department or that of the Department on the privacy of personal information, including the type of personal information collected and the number of people affected; and
(5) preparing a report to Congress on an annual basis on activities of the Department that affect privacy, including complaints of privacy violations, implementation of the Privacy Act of 1974, internal controls, and other matters.
SEC. 206. FEDERAL CYBERSECURITY PROGRAM.
(a) IN GENERAL- The Secretary, acting through the Under Secretary for Information Analysis and Infrastructure Protection, shall establish and manage a program to improve the security of Federal critical information systems, including carrying out responsibilities under paragraphs (1) and (2) of section 201 that relate to such systems.
(b) DUTIES- The duties of the Secretary under subsection (a) are--
(1) to evaluate the increased use by civilian executive agencies of techniques and tools to enhance the security of Federal critical information systems, including, as appropriate, consideration of cryptography;
(2) to provide assistance to civilian executive agencies in protecting the security of Federal critical information systems, including identification of significant risks to such systems; and
(3) to coordinate research and development for critical information systems relating to supervisory control and data acquisition systems, including, as appropriate, the establishment of a test bed.
(c) FEDERAL INFORMATION SYSTEM SECURITY TEAM-
(1) IN GENERAL- In carrying out subsection (b)(2), the Secretary shall establish, manage, and support a Federal information system security team whose purpose is to provide technical expertise to civilian executive agencies to assist such agencies in securing Federal critical information systems by conducting information security audits of such systems, including conducting tests of the effectiveness of information security control techniques and performing logical access control tests of interconnected computer systems and networks, and related vulnerability assessment techniques.
(2) TEAM MEMBERS- The Secretary shall ensure that the team under paragraph (1) includes technical experts and auditors, computer scientists, and computer forensics analysts whose technical competence enables the team to conduct audits under such paragraph.
(3) AGENCY AGREEMENTS REGARDING AUDITS- Each civilian executive agency may enter into an agreement with the team under paragraph (1) for the conduct of audits under such paragraph of the Federal critical information systems of the agency. Such agreement shall establish the terms of the audit and shall include provisions to minimize the extent to which the audit disrupts the operations of the agency.
(4) REPORTS- Promptly after completing an audit under paragraph (1) of a civilian executive agency, the team under such paragraph shall prepare a report summarizing the findings of the audit and making recommendations for corrective action. Such report shall be submitted to the Secretary, the head of such agency, and the Inspector General of the agency (if any), and upon request of any congressional committee with jurisdiction over such agency, to such committee.
(d) DEFINITION- For purposes of this section, the term `Federal critical information system' means an `information system' as defined in section 3502 of title 44, United States Code, that--
(1) is, or is a component of, a key resource or critical infrastructure;
(2) is used or operated by a civilian executive agency or by a contractor of such an agency; and
(3) does not include any national security system as defined in section 5142 of the Clinger-Cohen Act of 1996.
Subtitle B--Intelligence Analysis Center
SEC. 211. INTELLIGENCE ANALYSIS CENTER.
(a) ESTABLISHMENT; NFIP AGENCY- (1) There is established within the Department the Intelligence Analysis Center. The Under Secretary for Information Analysis and Infrastructure Protection shall be the head of the Intelligence Analysis Center.
(2) The Intelligence Analysis Center is a program of the intelligence community for purposes of the National Foreign Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 (50 U.S.C. 401a(6))).
(b) FUNCTIONS- The Under Secretary for Information Analysis and Infrastructure Protection, through the Intelligence Analysis Center, shall carry out the duties specified in paragraphs (1), (2), (3), (6), and (7) of section 201(b).
(c) DETAIL OF CERTAIN PERSONNEL-
(1) IN GENERAL- The Secretary and the Director of Central Intelligence, the Secretary of Defense, the Attorney General, the Secretary of State, or the head of another agency or department as the case may be, shall enter into cooperative arrangements to provide for an appropriate number of individuals to be detailed to the Under Secretary to perform analytical functions and duties with respect to the mission of the Department from the following agencies:
(A) The Central Intelligence Agency.
(B) The Federal Bureau of Investigation.
(C) The National Security Agency.
(D) The National Imagery and Mapping Agency.
(E) The Department of State.
(F) The Defense Intelligence Agency.
(G) Any other agency or department that the President determines appropriate.
(2) TERMS OF DETAIL- Any officer or employee of the United States or a member of the Armed Forces who is detailed to the Under Secretary under paragraph (1) shall be detailed on a reimbursable basis for a period of less than two years for the performance of temporary functions as required by the Under Secretary.
(d) INCLUSION OF OFFICE OF INTELLIGENCE AS AN ELEMENT OF THE INTELLIGENCE COMMUNITY- Section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) is amended--
(1) by striking `and' at the end of subparagraph (I);
(2) by redesignating subparagraph (J) as subparagraph (K); and
(3) by inserting after subparagraph (I) the following new subparagraph:
`(J) the Intelligence Analysis Center of the Department of Homeland Security; and'.
SEC. 212. MISSION OF THE INTELLIGENCE ANALYSIS CENTER.
(a) IN GENERAL- The mission of the Intelligence Analysis Center is as follows:
(1) ANALYSIS AND PRODUCTION-
(A) Correlating and evaluating information and intelligence related to the mission of the Department collected from all sources available.
(B) Producing all-source collaborative intelligence analysis, warnings, tactical assessments, and strategic assessments of the terrorist threat and infrastructure vulnerabilities of the United States.
(C) Providing appropriate dissemination of such assessments.
(D) Improving the lines of communication with respect to homeland security between the Federal Government and State and local public safety agencies and the private sector through the timely dissemination of information pertaining to threats of acts of terrorism against the United States.
(2) COORDINATION OF INFORMATION- Coordinating with elements of the intelligence community and with Federal, State, and local law enforcement agencies, and the private sector as appropriate.
(3) ADDITIONAL DUTIES- Performing such other functions as the Secretary may direct.
(b) STRATEGIC AND TACTICAL MISSIONS OF THE INTELLIGENCE ANALYSIS CENTER- The Under Secretary shall conduct strategic and tactical assessments and warnings through the Intelligence Analysis Center, including research, analysis, and the production of assessments on the following as they relate to the mission of the Department:
(1) Domestic terrorism.
(2) International terrorism.
(3) Counterintelligence.
(4) Transnational crime.
(5) Proliferation of weapons of mass destruction.
(6) Illicit financing of terrorist activities.
(7) Cybersecurity and cybercrime.
(8) Key resources and critical infrastructures.
(c) STAFFING OF THE INTELLIGENCE ANALYSIS CENTER-
(1) FUNCTIONS TRANSFERRED- In accordance with title VIII, for purposes of carrying out this title, there is transferred to the Under Secretary the functions, personnel, assets, and liabilities of the following entities:
(A) The National Infrastructure Protection Center of the Federal Bureau of Investigation (other than the Computer Investigations and Operations Section).
(B) The Critical Infrastructure Assurance Office of the Department of Commerce.
(C) The Federal Computer Incident Response Center of the General Services Administration.
(D) The National Infrastructure Simulation and Analysis Center of the Department of Energy.
(E) The National Communications System of the Department of Defense.
(F) The intelligence element of the Coast Guard.
(G) The intelligence element of the United States Customs Service.
(H) The intelligence element of the Immigration and Naturalization Service.
(I) The intelligence element of the Transportation Security Administration.
(J) The intelligence element of the Federal Protective Service.
(2) STRUCTURE- It is the sense of Congress that the Under Secretary should model the Intelligence Analysis Center on the technical, analytic approach of the Information Dominance Center of the Department of the Army to the maximum extent feasible and appropriate.
TITLE III--SCIENCE AND TECHNOLOGY
SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY.
The Secretary, acting through the Under Secretary for Science and Technology, shall have responsibility for--
(1) developing, in consultation with other appropriate executive agencies, 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, including the development of comprehensive, research-based definable goals for such efforts and development of annual measurable objectives and specific targets to accomplish and evaluate the goals for such efforts;
(2) establishing and administering the primary research and development activities of the Department, including the long-term research and development needs and capabilities for all elements of the Department;
(3) conducting basic and applied research, development, demonstration, testing, and evaluation activities that are relevant to any or all elements of the Department, through both intramural and extramural programs; provided that such responsibility does not extend to human health-related research and development activities;
(4) coordinating and integrating all research, development, demonstration, testing, and evaluation activities of the Department;
(5) coordinating with other appropriate executive agencies in developing and carrying out the science and technology agenda of the Department to reduce duplication and identify unmet needs;
(6) establishing Federal priorities for research, development, demonstration, testing, and, as appropriate, procurement and transitional operation of technology and systems--
(A) for preventing the importation of chemical, biological, radiological, and nuclear weapons and related materials;
(B) for detecting, preventing, and protecting against terrorist attacks that involve such weapons or related materials; and
(C) for interoperability of communications systems for emergency response providers;
(7) ensuring that the research, development, demonstration, testing, and evaluation activities of the Department are aligned with the Department's procurement needs;
(8) facilitating the deployment of technology that will serve to enhance homeland security, including through the establishment of a centralized Federal repository for information relating to technologies described in subparagraphs (A), (B), and (C) of paragraph (6) for dissemination to Federal, State, and local government and private sector entities, and for information for persons seeking guidance on how to pursue proposals to develop or deploy technologies that would contribute to homeland security;
(9) providing guidance, recommendations, and technical assistance as appropriate to assist Federal, State, and local government and private sector efforts to evaluate and implement the use of technologies described in subparagraphs (A), (B), and (C) of paragraph (6); and
(10) developing and overseeing the administration of guidelines for merit review of research and development projects throughout the Department, and for the dissemination of research conducted or sponsored by the Department.
SEC. 302. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred to the Secretary the functions, personnel, assets, and obligations of the following:
(1) The program under section 351A of the Public Health Service Act, and functions thereof, including the functions of the Secretary of Health and Human Services relating thereto, subject to the amendments made by section 906(a)(3), except that such transfer shall not occur unless the program under section 212 of the Agricultural Bioterrorism Protection Act of 2002 (subtitle B of title II of Public Law 107-188), and functions thereof, including the functions of the Secretary of Agriculture relating thereto, is transferred to the Department.
(2) Programs and activities of the Department of Energy, including the functions of the Secretary of Energy relating thereto (but not including programs and activities relating to the strategic nuclear defense posture of the United States), as follows:
(A) The programs and activities relating to chemical and biological national security, and supporting programs and activities directly related to homeland security, of the non-proliferation and verification research and development program.
(B) The programs and activities relating to nuclear smuggling, and other programs and activities directly related to homeland security, within the proliferation detection program of the non-proliferation and verification research and development program.
(C) Those aspects of the nuclear assessment program of the international materials protection and cooperation program that are directly related to homeland security.
(D) Such life sciences activities of the biological and environmental research program related to microbial pathogens as may be designated by the President for transfer to the Department and that are directly related to homeland security.
(E) The Environmental Measurements Laboratory.
(F) The advanced scientific computing research program and activities at Lawrence Livermore National Laboratory.
(3) The homeland security projects within the Chemical Biological Defense Program of the Department of Defense known as the Biological Defense Homeland Security Support Program and the Biological Counter-Terrorism Research Program.
SEC. 303. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES.
With respect to civilian human health-related research and development activities relating to countermeasures for chemical, biological, radiological, and nuclear and other emerging terrorist threats carried out by the Department of Health and Human Services (including the Public Health Service), the Secretary of Health and Human Services shall set priorities, goals, objectives, and policies and develop a coordinated strategy for such activities in collaboration with the Secretary of Homeland Security to ensure consistency with the national policy and strategic plan developed pursuant to section 301(1).
SEC. 304. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER.
The Secretary, acting through the Under Secretary for Science and Technology, shall have the authority to establish or contract with one or more federally funded research and development centers to provide independent analysis of homeland security issues, or to carry out other responsibilities under this Act, including coordinating and integrating both the extramural and intramural programs described in section 307.
SEC. 305. MISCELLANEOUS PROVISIONS.
(a) CLASSIFICATION- To the greatest extent practicable, research conducted or supported by the Department shall be unclassified.
(b) CONSTRUCTION- Nothing in this title shall be construed to preclude any Under Secretary of the Department from carrying out research, development, demonstration, or deployment activities, as long as such activities are coordinated through the Under Secretary for Science and Technology.
(c) REGULATIONS- The Secretary, acting through the Under Secretary for Science and Technology, may issue necessary regulations with respect to research, development, demonstration, testing, and evaluation activities of the Department, including the conducting, funding, and reviewing of such activities.
(d) NOTIFICATION OF PRESIDENTIAL LIFE SCIENCES DESIGNATIONS- Not later than 60 days before effecting any transfer of Department of Energy life sciences activities pursuant to section 302(2)(D) of this Act, the President shall notify the Congress of the proposed transfer and shall include the reasons for the transfer and a description of the effect of the transfer on the activities of the Department of Energy.
SEC. 306. HOMELAND SECURITY SCIENCE AND TECHNOLOGY COORDINATION COUNCIL.
(a) ESTABLISHMENT AND COMPOSITION- There is established within the Department a Homeland Security Science and Technology Coordination Council (in this section referred to as the `Coordination Council'). The Coordination Council shall be composed of all the Under Secretaries of the Department and any other Department officials designated by the Secretary, and shall be chaired by the Under Secretary for Science and Technology. The Coordination Council shall meet at the call of the chair.
(b) RESPONSIBILITIES- The Coordination Council shall--
(1) establish priorities for research, development, demonstration, testing, and evaluation activities conducted or supported by the Department;
(2) ensure that the priorities established under paragraph (1) reflect the acquisition needs of the Department; and
(3) assist the Under Secretary for Science and Technology in carrying out his responsibilities under section 301(4).
SEC. 307. CONDUCT OF RESEARCH, DEVELOPMENT, DEMONSTRATION, TESTING AND EVALUATION.
(a) IN GENERAL- The Secretary, acting through the Under Secretary for Science and Technology, shall carry out the responsibilities under section 301(3) through both extramural and intramural programs.
(b) EXTRAMURAL PROGRAMS- (1) The Secretary, acting through the Under Secretary for Science and Technology, shall operate extramural research, development, demonstration, testing, and evaluation programs so as to--
(A) ensure that colleges, universities, private research institutes, and companies (and consortia thereof) from as many areas of the United States as practicable participate; and
(B) distribute funds through grants, cooperative agreements, and contracts through competitions that are as open as possible.
(2)(A) The Secretary, acting through the Under Secretary for Science and Technology, shall establish within 1 year of the date of enactment of this Act a university-based center or centers for homeland security. The purpose of this center or centers shall be to establish a coordinated, university-based system to enhance the Nation's homeland security.
(B) In selecting colleges or universities as centers for homeland security, the Secretary shall consider the following criteria:
(i) Demonstrated expertise in the training of first responders.
(ii) Demonstrated expertise in responding to incidents involving weapons of mass destruction and biological warfare.
(iii) Demonstrated expertise in emergency medical services.
(iv) Demonstrated expertise in chemical, biological, radiological, and nuclear countermeasures.
(v) Strong affiliations with animal and plant diagnostic laboratories.
(vi) Demonstrated expertise in food safety.
(vii) Affiliation with Department of Agriculture laboratories or training centers.
(viii) Demonstrated expertise in water and wastewater operations.
(ix) Demonstrated expertise in port and waterway security.
(x) Demonstrated expertise in multi-modal transportation.
(xi) Nationally recognized programs in information security.
(xii) Nationally recognized programs in engineering.
(xiii) Demonstrated expertise in educational outreach and technical assistance.
(xiv) Demonstrated expertise in border transportation and security.
(xv) Demonstrated expertise in interdisciplinary public policy research and communication outreach regarding science, technology, and public policy.
(C) The Secretary shall have the discretion to establish such centers and to consider additional criteria as necessary to meet the evolving needs of homeland security and shall report to Congress concerning the implementation of this paragraph as necessary.
(D) There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
(c) INTRAMURAL PROGRAMS- (1) In carrying out the duties under section 301, the Secretary, acting through the Under Secretary for Science and Technology, may draw upon the expertise of any laboratory of the Federal Government, whether operated by a contractor or the Government.
(2) The Secretary, acting through the Under Secretary for Science and Technology, may establish a headquarters laboratory for the Department at any national laboratory and may establish additional laboratory units at other national laboratories.
(3) If the Secretary chooses to establish a headquarters laboratory pursuant to paragraph (2), then the Secretary shall do the following:
(A) Establish criteria for the selection of the headquarters laboratory in consultation with the National Academy of Sciences, appropriate Federal agencies, and other experts.
(B) Publish the criteria in the Federal Register.
(C) Evaluate all appropriate national laboratories against the criteria.
(D) Select a national laboratory on the basis of the criteria.
(E) Report to the appropriate congressional committees on which laboratory was selected, how the selected laboratory meets the published criteria, and what duties the headquarters laboratory shall perform.
(4) No laboratory shall begin operating as the headquarters laboratory of the Department until at least 30 days after the transmittal of the report required by paragraph (3)(E).
SEC. 308. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER, DEPARTMENT OF AGRICULTURE.
(a) TRANSFER REQUIRED- In accordance with title VIII, the Secretary of Agriculture shall transfer to the Secretary of Homeland Security the Plum Island Animal Disease Center of the Department of Agriculture, including the assets and liabilities of the Center.
(b) CONTINUED DEPARTMENT OF AGRICULTURE ACCESS- Upon the transfer of the Plum Island Animal Disease Center, the Secretary of Homeland Security and the Secretary of Agriculture shall enter into an agreement to ensure Department of Agriculture access to the center for research, diagnostic, and other activities of the Department of Agriculture.
(c) NOTIFICATION- At least 180 days before any change in the biosafety level at the facility described in subsection (a), the President shall notify the Congress of the change and describe the reasons therefor. No such change may be made until at least 180 days after the completion of the transition period defined in section 801(2).
TITLE IV--BORDER AND TRANSPORTATION SECURITY
Subtitle A--General Provisions
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY.
The Secretary, acting through the Under Secretary for Border and Transportation Security, shall be responsible for the following:
(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, including managing and coordinating governmental activities at ports of entry.
(3) Carrying out the immigration enforcement functions vested by statute in, or performed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturalization Service) immediately before the date on which the transfer of functions specified under section 411 takes effect.
(4) Establishing and administering rules, in accordance with section 403, governing the granting of visas or other forms of permission, including parole, to enter the United States to individuals who are not a citizen or an alien lawfully admitted for permanent residence in the United States.
(5) Except as provided in subtitle C, administering the customs laws of the United States.
(6) Conducting the inspection and related administrative functions of the Department of Agriculture transferred to the Secretary of Homeland Security under section 404.
(7) In carrying out the foregoing responsibilities, ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce.
SEC. 402. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred to the Secretary the functions, personnel, assets, and obligations of the following:
(1) The United States Customs Service, except as provided in subtitle C.
(2) The Coast Guard of the Department of Transportation, which shall be maintained as a distinct entity within the Department, including the functions of the Secretary of Transportation relating thereto.
(3) The Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto.
(4) The Federal Protective Service of the General Services Administration, including the functions of the Administrator of General Services relating thereto.
(5) The Office of National Preparedness of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto.
(6) The Office for Domestic Preparedness of the Office of Justice Programs of the Department of Justice, including the functions of the Attorney General relating thereto.
(7) The National Domestic Preparedness Office of the Federal Bureau of Investigation, including the functions of the Attorney General relating thereto.
(8) The Domestic Emergency Support Teams of the Department of Justice, including the functions of the Attorney General relating thereto.
SEC. 403. VISA ISSUANCE.
(a) IN GENERAL- Notwithstanding section 104(a) of the Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other provision of law, and except as provided in subsection (b) of this section, the Secretary--
(1) shall be vested exclusively with all authorities to issue regulations with respect to, administer, and enforce the provisions of such Act, and of all other immigration and nationality laws, relating to the functions of consular officers of the United States in connection with the granting or refusal of visas, and shall have the authority to refuse visas in accordance with law and to develop programs of homeland security training for consular officers (in addition to consular training provided by the Secretary of State), which authorities shall be exercised through the Secretary of State, except that the Secretary shall not have authority to alter or reverse the decision of a consular officer to refuse a visa to an alien; and
(2) shall have authority to confer or impose upon any officer or employee of the United States, with the consent of the head of the executive agency under whose jurisdiction such officer or employee is serving, any of the functions specified in paragraph (1).
(b) AUTHORITY OF THE SECRETARY OF STATE-
(1) IN GENERAL- Notwithstanding subsection (a), the Secretary of State may 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.
(2) CONSTRUCTION REGARDING AUTHORITY- Nothing in this section shall be construed as affecting the authorities of the Secretary of State under the following provisions of law:
(A) Section 101(a)(15)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)).
(B) Section 204(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1154) (as it will take effect upon the entry into force of the Convention on Protection of Children and Cooperation in Respect to Inter-Country Adoption).
(C) Section 212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act.
(D) Section 212(a)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(C)).
(E) Section 212(a)(10)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(C)).
(F) Section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).
(G) Section 237(a)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(C)).
(H) Section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6034; Public Law 104-114).
(I) Section 613 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105-277) (Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; 112 Stat. 2681; H.R. 4328 (originally H.R. 4276) as amended by section 617 of Public Law 106-553).
(J) Section 801 of H.R. 3427, the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001, as enacted by reference in Public Law 106-113.
(K) Section 568 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115).
(3) CONSTRUCTION REGARDING DELEGATION OF AUTHORITY- Nothing in this section shall be construed to affect any delegation of authority to the Secretary of State by the President pursuant to any proclamation issued under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)).
(c) ASSIGNMENT OF HOMELAND SECURITY EMPLOYEES TO DIPLOMATIC AND CONSULAR POSTS-
(1) IN GENERAL- The Secretary is authorized to assign employees of the Department of Homeland Security to any diplomatic and consular posts abroad to perform the following functions:
(A) Provide expert advice and training to consular officers regarding specific security threats relating to individual visa applications or classes of applications.
(B) Review any or all such applications pri
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