Public Law 107-296

PUBLIC LAW 107-296-NOV. 25, 2002

116 STAT. 2135

Public Law 107-296
107th Congress

An Act
To establish the Department of Homeland Security, and for other purposes.

Nov. 25, 2002
[H.R. 5005]

Be it enacted by the Senate and House of Representatives of
the United States ofAmerica in Congress assembled,
Homeland
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.
Sec.
Sec.
Sec.

1.
2.
3.
4.

Short title; table of contents.
Definitions.
Construction; severability.

Effective date.

TITLE I-DEPARTMENT OF HOMELAND SECURITY
Sec. 101. Executive department; mission.

Sec. 102. SecretaJ:Y; functions.

Sec. 103. Other officers.

TITLE II-INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A-Directorate for Information Analysis and Infrastructure Protection;
Access to Information
Sec. 201. Directorate for Information Analysis and Infrastructure Protection.
Sec. 202. Access to information.
Sec.
Sec.
Sec.
Sec.
Sec.

211.
212.
213.
214.
215.

Subtitle B-Critical Infrastructure Information
Short title.
Definitions.

Designation of critical infrastructure protection program.

Protection of voluntarily shared critical infrastructure information.

No private right of action.

Sec.
Sec.
Sec.
Sec.
Sec.

221.
222.
223.
224.
225.

Subtitle C-Information Security
Procedures for sharing information.

Privacy Officer.

Enhancement of non-Federal cybersecurity.

Net guard.

Cyber Security Enhancement Act of 2002.

Subtitle D-Office of Science and Technology
Establishment of office; Director.

Mission of office; duties.

Definition of law enforcement technology.

Abolishment of Office of Science and Technology of National Institute of

Justice; transfer of functions.
Sec. 235. National Law Enforcement and Corrections Technology Centers.
Sec. 236. Coordination with other entities within Department oT Justice.
Sec. 237. Amendments relating to National Institute of Justice.
Sec.
Sec.
Sec.
Sec.

231.
232.
233.
234.

TITLE III-SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND
SECURITY
Sec. 301. Under Secretary for Science and Technology.

Security Act of
2002.
6 USC 101 note.

PUBLIC LAW 107-296-NOV. 25, 2002

116 STAT. 2136

Sec. 302. Responsibilities and authorities of the Under Secretary for Science and
Technology.
Sec. 303. Functions transferred.
Sec. 304. Conduct of certain public health-related activities.
Sec. 305. Federally funded research and development centers.
Sec. 306. Miscellaneous provisions.
Sec. 307. Homeland Security Advanced Research Projects Agency.
Sec. 308. Conduct of research, development, demonstration, testing and evaluation.
Sec. 309. Utilization of Department of Energy national laboratories and sites in
support of homeland security activities.
Sec. 3ID. Transfer of Plum Island Animal Disease Center, Department of Agri­
culture.
Sec. 311. Homeland Security Science and Technology Advisory Committee.
Sec. 312. Homeland Security Institute.
Sec. 313. Technology clearinghouse to encourage and support innovative solutions
to enhance homeland security.
TITLE IV-DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY
Subtitle A-Under Secretary for Border and Transportation Security
Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Responsibilities.
Sec. 403. Functions transferred.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

-r

411.
412.
413.
414.
415.
416.
417.
418.
419.

Subtitle B-United States Customs Service
Establishment; Commissioner of Customs.
Retention of customs revenue functions by Secretary of the Treasury.
Preservation of customs funds.
Separate budget request for customs.
Definition.
GAO report to Congress.
Allocation of resources by the Secretary.
Reports to Congress.
Customs user fees.

Subtitle C-Miscellaneous Provisions
Sec. 421. Transfer of certain agricultural inspection functions of the Department of
Agriculture.
Sec. 422. Functions of Administrator of General Services.
Sec. 423. Functions of Transportation Security Administration.
Sec. 424. Preservation of Transportation Security Administration as a distinct enti­
ty.
Sec. 425. Explosive detection systems.
Sec. 426. Transportation security.
Sec. 427. Coordmation of information and information technology.
Sec. 428. Visa issuance.
Sec. 429. Information on visa denials required to be entered into electronic data
system.
Sec. 430. Office for Domestic Preparedness.
Subtitle D-Immigration Enforcement Functions
Sec. 441. Transfer of functions to Under Secretary for Border and Transportation
Security.
Sec. 442. Establishment of Bureau of Border Security.
Sec. 443. Professional responsibility and quality review.
Sec. 444. Employee discipline.
Sec. 445. Report on improving enforcement functions.
Sec. 446. Sense of Congress regarding construction of fencing near San Diego, Cali­
fornia.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

451.
452.
453.
454.
455.
456.
457.
458.
459.
460.

Subtitle E-Citizenship and Immigration Services
Establishment of Bureau of Citizenship and Immigration Services.

Citizenship and Immigration Services Ombudsman.

Professional responsibility and quality review.

Employee discipline.

Effective date.

Transition.

Funding for citizenship and immigration services.

Backlog elimination.

Report on improving immigration services.

Report on responding to fluctuating needs.

PUBLIC LAW 107-296-NOV. 25,2002

116 STAT. 2191

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.

Deadline.

6 USC 237.

(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 of2002 (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;

6 USC 238.

President.

116 STAT. 2192

PUBLIC LAW 107-296-NOV. 25,2002

(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 Pr paredness 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
6 USC 251.

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.