Homeland Security Act of 2002 Part 8

(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)(i)(IV)(bb) of the Immigration and Nationality Act (8 U.S.C.

1182(a)(3)(B)(i)(IV)(bb)).

(D) Section 212(a)(3)(B)(i)(VI) of the Immigration and Nationality Act (8 U.S.C.

1182(a)(3)(B)(i)(VI)).

(E) Section 212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act (8 U.S.C.

1182(a)(3)(B)(vi)(II)).

(F) Section 212(a)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(C)).

(G) Section 212(a)(10)(C) of the Immigration and Nationality Act (8 U.S.C.

1182(a)(10)(C)).

(H) Section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)).

(I) Section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).

(J) Section 237(a)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(C)).

(K) Section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6034; Public Law 104-114).

(L) 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.

(M) Section 103(f) of the Chemical Weapon Convention Implementation Act of 1998 (112 Stat. 2681-865).

(N) 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.

(O) Section 568 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115).

(P) Section 51 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2723).

(d) Consular Officers and Chiefs of Missions.-- (1) In general.--Nothing in this section may be construed to alter or affect-- (A) the employment status of consular officers as employees of the Department of State; or (B) the authority of a chief of mission under section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927).

(2) 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)), consistent with the Secretary of Homeland Security's authority to refuse visas in accordance with law.

(e) a.s.signment of Homeland Security Employees to Diplomatic and Consular Posts.-- (1) In general.--The Secretary is authorized to a.s.sign employees of the Department to each diplomatic and consular post at which visas are issued, unless the Secretary determines that such an a.s.signment at a particular post would not promote homeland security.

(2) Functions.--Employees a.s.signed under paragraph (1) shall perform the following functions: (A) Provide expert advice and training to consular officers regarding specific security threats relating to the adjudication of individual visa applications or cla.s.ses of applications.

(B) Review any such applications, either on the initiative of the employee of the Department or upon request by a consular officer or other person charged with adjudicating such applications.

(C) Conduct investigations with respect to consular matters under the jurisdiction of the Secretary.

(3) Evaluation of consular officers.--The Secretary of State shall evaluate, in consultation with the Secretary, as deemed appropriate by the Secretary, the performance of consular officers with respect to the processing and adjudication of applications for visas in accordance with performance standards developed by the Secretary for these procedures.

(4) Report.--The Secretary shall, on an annual basis, submit a report to Congress that describes the basis for each determination under paragraph (1) that the a.s.signment of an employee of the Department at a particular diplomatic post would not promote homeland security.

(5) Permanent a.s.signment; partic.i.p.ation in terrorist lookout committee.--When appropriate, employees of the Department a.s.signed to perform functions described in paragraph (2) may be a.s.signed permanently to overseas diplomatic or consular posts with country-specific or regional responsibility. If the Secretary so directs, any such employee, when present at an overseas post, shall partic.i.p.ate in the terrorist lookout committee established under section 304 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1733).

(6) Training and hiring.-- (A) In general.--The Secretary shall ensure, to the extent possible, that any employees of the Department a.s.signed to perform functions under paragraph (2) and, as appropriate, consular officers, shall be provided the necessary training to enable them to carry out such functions, including training in foreign languages, interview techniques, and fraud detection techniques, in conditions in the particular country where each employee is a.s.signed, and in other appropriate areas of study.

(B) Use of center.--The Secretary is authorized to use the National Foreign Affairs Training Center, on a reimbursable basis, to obtain the training described in subparagraph (A).

(7) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of State shall submit to Congress-- (A) a report on the implementation of this subsection; and (B) any legislative proposals necessary to further the objectives of this subsection.

(8) Effective date.--This subsection shall take effect on the earlier of-- (A) the date on which the President publishes notice in the Federal Register that the President has submitted a report to Congress setting forth a memorandum of understanding between the Secretary and the Secretary of State governing the implementation of this section; or (B) the date occurring 1 year after the date of enactment of this Act.

(f) No Creation of Private Right of Action.--Nothing in this section shall be construed to create or authorize a private right of action to challenge a decision of a consular officer or other United States official or employee to grant or deny a visa.

(g) Study Regarding Use of Foreign Nationals.-- (1) In general.--The Secretary of Homeland Security shall conduct a study of the role of foreign nationals in the granting or refusal of visas and other doc.u.ments authorizing entry of aliens into the United States. The study shall address the following: (A) The proper role, if any, of foreign nationals in the process of rendering decisions on such grants and refusals.

(B) Any security concerns involving the employment of foreign nationals.

(C) Whether there are cost-effective alternatives to the use of foreign nationals.

(2) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report containing the findings of the study conducted under paragraph (1) to the Committee on the Judiciary, the Committee on International 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 Committee 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.-- Notwithstanding 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 Homeland Security shall review all visa applications prior to adjudication.

SEC. 429. [6 U.S.C. 237] 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. [6 U.S.C. 238] 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 equipment support; (2) coordinating or, as appropriate, consolidating communications 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 programs administered by the Department of Health and Human Services) for all emergency response providers; (4) incorporating the Strategy priorities into planning guidance on an agency level for the preparedness efforts of the Office for Domestic Preparedness; (5) providing agency-specific training for agents and a.n.a.lysts within the Department, other agencies, and State and local agencies and international ent.i.ties; (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) a.s.sisting and supporting the Secretary, in coordination with other Directorates and ent.i.ties outside the Department, in conducting appropriate risk a.n.a.lysis and risk management activities of State, local, and tribal governments consistent with the mission and functions of the Directorate; (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; and (9) helping to ensure the acquisition of interoperable communication technology by State and local governments and emergency response providers.

(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, a.s.sets, and budget before September 11, 2001.

SEC. 431. [6 U.S.C. 239] OFFICE OF CARGO SECURITY POLICY.

(a) Establishment.--There is established within the Department an Office of Cargo Security Policy (referred to in this section as the ''Office'').

(b) Purpose.--The Office shall-- (1) coordinate all Department policies relating to cargo security; and (2) consult with stakeholders and coordinate with other Federal agencies in the establishment of standards and regulations and to promote best practices.

(c) Director.-- (1) Appointment.--The Office shall be headed by a Director, who shall-- (A) be appointed by the Secretary; and (B) report to the a.s.sistant Secretary for Policy.

(2) Responsibilities.--The Director shall-- (A) advise the a.s.sistant Secretary for Policy in the development of Department-wide policies regarding cargo security; (B) coordinate all policies relating to cargo security among the agencies and offices within the Department relating to cargo security; and (C) coordinate the cargo security policies of the Department with the policies of other executive agencies.

Subt.i.tle D--Immigration Enforcement Functions

SEC. 441. [6 U.S.C. 251] TRANSFER OF FUNCTIONS TO UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY.

In accordance with t.i.tle XV (relating to transition provisions), there shall be transferred from the Commissioner of Immigration and Naturalization to the Under Secretary for Border and Transportation Security all functions performed under the following programs, and all personnel, a.s.sets, 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.

SEC. 442. [6 U.S.C. 252] 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) a.s.sistant secretary.--The head of the Bureau of Border Security shall be the a.s.sistant 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 a.s.sistant 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 delegated to the a.s.sistant Secretary by the Under Secretary for Border and Transportation Security; or (ii) otherwise vested in the a.s.sistant 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 operation of the Bureau of Border Security that may affect the Bureau of Citizenship and Immigration Services established under subt.i.tle E, including potentially conflicting policies or operations.

(4) Program to collect information relating to foreign students.--The a.s.sistant Secretary of the Bureau of Border Security shall be responsible for administering the program to collect information relating to nonimmigrant foreign students and other exchange program partic.i.p.ants described in section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), including the Student 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 a.s.sistant Secretary of the Bureau of Border Security shall design and implement a managerial rotation program under which employees of such bureau holding positions involving supervisory or managerial responsibility and cla.s.sified, in accordance with chapter 51 of t.i.tle 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 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 a.n.a.lysis 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 subt.i.tle E), as appropriate.

(c) Legal Advisor.--There shall be a princ.i.p.al legal advisor to the a.s.sistant Secretary of the Bureau of Border Security. The legal advisor shall provide specialized legal advice to the a.s.sistant 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. [6 U.S.C. 253] 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 investigation by the Inspector General for the Department; (2) inspecting the operations of the Bureau of Border Security and providing a.s.sessments of the quality of the operations of such bureau as a whole and each of its components; and (3) providing an a.n.a.lysis of the management of the Bureau of Border Security.

SEC. 444. [6 U.S.C. 254] EMPLOYEE DISCIPLINE.

The Under Secretary for Border and Transportation Security may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies 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. [6 U.S.C. 255] 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 Appropriations 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 Secretary of Homeland Security shall consult with the Attorney General, 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 Executive Office for Immigration Review, and the heads of State and local law enforcement agencies to determine how to most effectively conduct enforcement operations.

SEC. 446. [6 U.S.C. 256] SENSE OF CONGRESS REGARDING CONSTRUCTION OF FENCING NEAR SAN DIEGO, CALIFORNIA.

It is the sense of the Congress that completing the 14-mile border fence project required to be carried out under section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) should be a priority for the Secretary.

Subt.i.tle E--Citizenship and Immigration Services