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Homeland Security Act

Homeland Security Act

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Homeland Security Act of 2002
Great Seal of the United States.
Long title
An Act to establish the Department of Homeland Security, and for other purposes.
Colloquial acronym(s)
HSA
Enacted by the 
107th United States Congress
Effective
November 25, 2002
Citations
Public Law
107-296
Stat.
116 Stat. 2135
Codification
Title(s) amended
6 U.S.C.: Domestic Security
U.S.C. sections created
6 U.S.C. ch. 1 § 101
U.S.C. section(s) amended
150 sections amended
Legislative history
The Homeland Security Act (HSA) of 2002, (Pub.L. 107–296, 116 Stat. 2135, enacted November 25, 2002) was introduced in the aftermath of the September 11 attacks and subsequent mailings of anthrax spores.[1] The HSA was cosponsored by 118 members of Congress.[2] It was signed into law by President George W. Bush in November 2002.[3][4]
HSA created the United States Department of Homeland Security and the new cabinet-level position of Secretary of Homeland Security. It is the largest federal government reorganization since the Department of Defense was created via the National Security Act of 1947 (as amended in 1949). It also includes many of the organizations under which the powers of the USA PATRIOT Act are exercised.

Contents

Background[edit]

The Homeland Security Advisory System scale.
The new department assumed a large number of services, offices and other organizations previously conducted in other departments, such as the Customs Service, Coast Guard, and U.S. Secret Service. It superseded, but did not replace, the Office of Homeland Security, which retained an advisory role. The Homeland Security Appropriations Act of 2004 provided the new department its first funding. A major reason for the implementation of HSA is to ensure that the border function remains strong within the new Department.[5]
The Act is similar to the Intelligence Reform and Terrorism Prevention Act (IRTPA) in reorganizing and centralizing Federal security functions to meet post–Cold War threats and challenges. Like IRTPA, there are some inherent contradictions in the bill not solved by reorganization. These reflect compromises with other committees needed to secure passage, but the result is at times inconsistent or conflicting authorities. For example, the Act identifies the Department of Homeland Security's (DHS) first responsibility as preventing terrorist attacks in the United States; but, the law's language makes clear that investigation and prosecution of terrorism remains with the Federal Bureau of Investigation and assigns DHS only an analytical and advisory role in intelligence activities.[6] Similarly, with Critical Infrastructure Protection (CIP), which relates to the preparedness and response to serious incidents, the Act gave DHS broad responsibility to minimize damage but only limited authority to share information and to coordinate the development of private sector best practices.

Establishments[edit]

The Homeland Security Act of 2002 is the foundation for many other establishments, including:
  1. the Department of Homeland Security, which is headed by the Secretary of Homeland Security
  2. an established Directorate for Information Analysis and Infrastructure Protection within the Department of Homeland Security, which is headed by the Under Secretary for Information Analysis and Infrastructure Protection.
  3. the Critical Infrastructure Information Act of 2002
  4. the Cyber Security Enhancement Act of 2002

Titles[edit]

The Homeland Security Act of 2002 documented under Public Law is divided into 17 titles that establishes the Department of Homeland Security and other purposes. Each title is broken down into several sections, summarized below.[6][7]
1. Department of Homeland Security
Title I consists of three sections that establish the Department of Homeland Security, which carries out several missions that comply with the United States Code.
2. Information Analysis And Infrastructure Protection
Title II consists of two subtitles, including the Critical Infrastructure Information Act of 2002, and nineteen sections, including the Cyber Security Enhancement Act of 2002. It is headed by the Under Secretary and used to access, receive and analyze law enforcement information, intelligence information, and other information from federal, state, and local government agencies for further use towards the prevention of terrorist acts.
3. Science And Technology In Support of Homeland Security
Title III consists of thirteen sections. It is described as a plan to develop national policy and strategic plans to develop countermeasures for chemical, biological, radiological, nuclear and other emerging terrorist threats. It also establishes, conducts, and administers primary research and development.
4. Directorate Of Border And Transportation Security
Title IV consists of forty-eight sections and regulates what comes in out of United States territory in an effort to prevent terrorists and instruments of terrorism. This is done generally by 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.
5. Emergency Preparedness and Response
Title V consists of nine sections and it helps to ensure the response time and preparedness of providers for terrorist attacks, major disasters and other emergencies. In addition, it establishes standards, joint exercises and trainings and providing funds to the United States Department of Energy and the Environmental Protection Agency.
6. Treatment of Charitable Trusts For Members Of The Armed Forces Of The United States And Other Governmental Organizations
Title VI consists of one section which, through several requirements, designates the late Central Intelligence Agency officer Johnny Michael Spann as a trust fund for distribution towards surviving spouses, children, or dependent parents, grandparents, or siblings of Government related service members.
7. Management
Title VII consists of six sections which is headed by the Under Security to manage the budget, appropriations, expenditures of funds, accounting, and finance, human resources, information technology, and procurement of the Departments.
8. Coordination With Non-Federal Entities; Inspector General; United States Secret Service; Coast Guard; General Provisions
Title VIII consists of fifty-three sections that establishes an Office for State and Local Governments to oversee and coordinate Departmental programs for and relationships with State and local governments.
9. National Homeland Security Council
Title IX consists of six sections which establishes a "Homeland Security Council" within the Executive Office of the President. This Council functions as an advisor to the President.
10. Information Security
Title X consists of seven sections regarding the establishment of several divisions of Information Security. This title and its subchapter provides tactics and mechanisms for protecting federal information and preserve information security. In addition, it also establishes set standards, responsibilities, authorities and functions, the various definitions in information security, and an annual independent evaluation.
11. Department of Justice Divisions
Title XI consists of sixteen sections which details the powers and duties of the Secretary, the Under Secretary, and the Attorney General.
12. Airline War Risk Insurance Legislation
Title XII consists of four sections which details air carrier liability for Third Party claims arising out of acts of terrorism, extension of insurance policies, correction of reference, and reports.
13. Federal Workforce Improvement
Title XIII consists of thirteen sections which in several chapters details and establishes Chief Human Capital Officers and its council.
14. Arming Pilots Against Terrorism
Title XIV consists of seven sections which contains the establishment of a program to deputize volunteer pilots of air carriers providing passenger air transportation or intrastate passenger air transportation as Federal law enforcement officers to defend the flight decks of aircraft of such air carriers against acts of criminal violence or air piracy.
15. Transition
Title XV consists of ten sections establishing the 12-month period beginning on the effective date of this Act. It consists of the definitions, reorganization plan, plan elements, and modification of plans.
16. Corrections To Existing Law Relating To Airline Transportation Security
Title XVI consists of three sections that establish retention of security sensitive information authority at the Department of Transportation, increase civil penalties, and allow United States citizens and United States nationals as screeners.
17. Conforming And Technical Amendments
Title XVII consists of seven sections that amend or alter several acts and amendments of the United States such as the Inspector General Act of 1978 and Title 5 of the United States Code

Department of Homeland Security[edit]

Main article: Department of Homeland Security
Seal of the United States Department of Homeland Security Seal.
The United States Department of Homeland Security (DHS), formed November 25, 2002 through the Homeland Security Act, is a Cabinet department composed of several different divisions that work to protect the United States from terrorists and natural disasters. It was created as a response to the September 11 attacks in 2001.[6] The Department of Homeland Security manages the Emergency Preparedness and Response Directorate. The directorate helps fulfill the Department's overarching goal: to keep America safe from terrorist attacks.[8] The Department also works to enhance preparedness and response efforts and to integrate these efforts with prevention work.[8] With the Homeland Security Act there are several provisions that identify the specific duties for the EP&R Directorate.

Provisions[edit]

The Homeland Security Act contains several provisions that identify specific duties for the EP&R Directorate.[8] Title V and Title II outline the way the department ensures the following: that the use of intelligence and its own threat analysis of terrorist capabilities are intended to distribute funds to those areas where the terrorist threat is greatest; and that states provide the Federal Government with their Emergency Response Plans so that the department can coordinate priorities regionally and nationally.[8][9]

Establishments under the Homeland Security Department[edit]

 
Full Ready.gov logo with tagline and trademark notice.

Criticism[edit]

The Homeland Security Act has been criticized[by whom?] for forbidding the Citizen Corps program called Operation TIPS (Terrorism Information and Prevention System). This criticism is regarded to be from the fear that the rejection of TIPS may contain setbacks to civil liberties protections such as the right to privacy and obstructing public access to information.[10]
According to activist Nancy Talanian, the established Homeland Security Act exacerbates three issues in the United States:[11]
  • Reduced Privacy
  • Increased Government Secrecy
  • Strengthened government protection of special interests

Legislative information[edit]

See also[edit]

References[edit]

1.  Jump up ^ "Legislative Updates – Homeland Security Act of 2002". Office of Legislative Policy And Analysis. Retrieved 2010-11-02. 
2.  Jump up ^ "Bill Summary & Status". (THOMAS) Library of Congress. Retrieved 2010-10-30. 
3.  Jump up ^ "Homeland Security Act". rationalevolution.net. Retrieved 2010-10-26. 
4.  Jump up ^ "Bush signs Homeland Security bill". CNN. Retrieved 2010-11-01. 
5.  Jump up ^ "Homeland Security Act of 2002". Policy Almanac. Retrieved 2010-11-15. 
6.  ^ Jump up to: a b c "The Homeland Security Act of 2002 -- A Summary". Martindale.com. Retrieved 2010-11-15. 
7.  Jump up ^ "PUBLIC LAW 107–296—NOV. 25, 2002". Department of Homeland Security. Retrieved 2010-10-30. 
8.  ^ Jump up to: a b c d "Hearing On Response To Terrorism: How Is The Department Of Homeland Security Improving Our Capabilities?". U.S. House of Representatives Committee. Retrieved 2010-11-07. 
9.  Jump up ^ "Homeland Security Act of 2002". Retrieved 2010-11-07. 
10. Jump up ^ "The Homeland Security Act". PBS. Retrieved 2010-10-26. 
11. Jump up ^ "The Homeland Security Act: The Decline of Privacy; the Rise of Government Secrecy". Bill of Rights Defense Committee. Retrieved 2010-10-30. 

External links[edit]
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Posted by John MacHaffie at 9:38:00 AM 0 comments

Summary of the Homeland Security Act of 2002

Summary of the Homeland Security Act of 2002

Posted by Jeff Xie on December 02, 2002 at 17:41:18

Enrolled Version of the New Homeland Security Act of 2002 and Expanded Section by Section Summary
THE HOMELAND SECURITY ACT OF 2002
Pub. L. No. 107-296, 116 Stat. 2135
Section-by-Section Summary of Immigration Provisions
TITLE I- Department of Homeland Security
Section 101 - Executive Department; Mission
The primary mission of the Department is to—
Prevent terrorist attacks within the United States;

Reduce the vulnerability of the United States to terrorism;

Minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States;

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;

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;

Ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland; and

Monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.
Section 102 - Secretary; Functions
Establishes the position of Secretary of Homeland Security as the head of the Department of Homeland Security and sets forth the functions of that office.

Establishes the position of Special Assistant to the Secretary who will be responsible for advising the Secretary on the impact of the Department’s policies, regulations and actions on the private sector; and creating private sector advisory councils to advise the Secretary on homeland security policies that affect industry and associations.
TITLE II- Information Analysis and Infrastructure Protection
SUBTITLE B- Critical Infrastructure Information
Section 214 - Protection of voluntarily shared critical infrastructure information
Protects critical infrastructure information accompanied by an express statement protecting its disclosure and voluntarily submitted to a covered Federal agency for use by that agency from FOIA requests. The name of the person submitting the information is also FOIA exempt. Section 212 defines the term, “covered Federal agency” as the Department of Homeland Security, and the term “critical infrastructure information” as information that is not customarily in the public domain and related to critical infrastructure systems or protected systems, which includes physical systems, , computer based virtual systems and information that affect national security.

Protects information from rules regarding ex parte communications with a decision making official; from use in any civil action unless there is written consent; disclosure for purposes other than specific sanctioned uses; prohibits disclosure of information provided to State or local governments or government agencies; but does not create a waiver of any applicable privilege or protection provided under law.

Exempts critical infrastructure information that is not accompanied by an express statement protecting its disclosure and voluntarily submitted to a covered Federal agency for use by that agency from the disclosure protections.

Makes it a criminal act for an employee of the United States to knowingly publish, divulge or disclose any protected information.
TITLE IV- Directorate of Border and Transportation Security
SUBTITLE A- Under Secretary for Border and Transportation Security
Section 401 - Under Secretary for Border and Transportation Security
Establishes the position of Under Secretary for Border and Transportation Security to head the Directorate of Border and transportation Security.
Section 402 - Responsibilities
Establishes that the Secretary, acting through the Under Secretary, will be responsible for the following:
Preventing the entry of terrorists and the instruments of terrorism into the United States;

Securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the United States, including managing and coordinating those functions transferred to the Department at ports of entry;

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 the immigration functions, as set forth under § 441, takes effect;

Establishing and administering rules 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;

Establishing national immigration enforcement policies and priorities;

Except as otherwise provided, administering the customs laws of the United States;

Conducting the inspection and related administrative functions of the Department of Agriculture transferred to the Secretary of Homeland Security;

In carrying out the foregoing responsibilities, ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce.
SUBTITLE C- Miscellaneous Provisions
Section 428 - Visa Issuance
The Secretary of Homeland Security, acting through the Secretary of State, is vested exclusively with all authorities to administer and enforce all laws, and to issue regulations relating to the functions of consular officers in the granting or refusal of visas, and shall have the authority to develop programs of homeland security training for consular officers. The Secretary of Homeland Security shall not have authority to alter of reverse the decision of a consular officer to refuse a visa.

The Secretary of State is authorized to 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. The Secretary of State shall continue to retain authority under specific areas of the INA. [101(a)(15)(A); 204(d)(2); 212(a)(3)(B)(i)(IV)(bb); 212(a)(3)(B)(i)(VI); 212(a)(3)(B)(vi)(II); 212(a)(3)(C); 212(a)(10)(C); 212(f); 219(a); 237(a)(4)(C)].

The Secretary of Homeland Security is authorized to assign employees of the Department of Homeland Security to each diplomatic and consular post at which visas are issued, unless the Secretary determines that such an assignment would not promote homeland security.

Employees of the Department who are assigned to diplomatic or consular posts shall perform the following functions:
Provide expert advice and training to consular officers regarding specific security threats relating to the adjudication of individual visa applications or classes of applications;

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 application;

Conduct investigations with respect to consular matters under the jurisdiction of the Secretary of Homeland Security.
The Secretary shall develop performance standards for the Secretary of State to evaluate, in consultation with the Secretary and as deemed appropriate by the Secretary, the performance of consular officers in the processing and adjudication of applications for visas.

When appropriate, employees of the Department may be permanently assigned to diplomatic or consular posts. If the Secretary so directs, such employees shall participate in the terrorist lookout committee established under section 304 of the Enhanced Border Security and Visa Entry Reform Act of 2002.

The Secretary shall ensure that any employee of the Department assigned to these posts shall be provided the necessary training, including training in foreign languages, interview techniques, and fraud detection techniques, and other appropriate areas of study.

This section shall take effect on the earlier of the date on which the President publishes notice in the Federal Register that Congress has received the memorandum of understanding between the Secretary and the Secretary of State governing implementation of this section, or one year after the enactment of this Act.
Section 429 - Information on Visa Denial Required to Be Entered Into Electronic Data System
Whenever a consular officer denies a visa to an applicant, the fact of the denial, the basis for such denial, and the name of the applicant shall be entered into the interoperable electronic data system implemented under section 202 of the Enhanced Border Security and Visa Entry Reform Act of 2002.

For any person who has been denied a visa, no subsequent visa may be issued to the person unless the consular officer considering it has reviewed the information concerning the person placed in the interoperable data system, has indicated on the person’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. The person may not be admitted to the United States without a visa issued in accordance with these procedures.
SUBTITLE D- Immigration Enforcement Functions
Section 441 - Transfer of Functions to Under Secretary for Border and Transportation Security
Transfers the following five programs from the Commissioner of the INS to the Under Secretary for Border and Transportation Security: Border Patrol; detention and removal; intelligence; investigations; inspections. Included in the transfer are all the functions performed by these programs immediately prior to the transfer, along with all personnel, assets and liabilities.
Section 442 - Establishment of the Bureau of Border Security
Establishes the Bureau of Border Security within the Department of Homeland Security

Establishes the position of Assistant Secretary of the Bureau of Border Security. The position will head the Bureau and will report directly to the Under Secretary for Border and Transportation Security:
Qualifications for the position: at least five years of experience in both law enforcement and management experience;

Duties: advise the Under Secretary of any policy or operation that may affect the Bureau of Citizenship and Immigration; establish policies and oversee the administration of the immigration functions that were transferred to the Under Secretary of Border and Transportation under Section 441 and then delegated to the Assistant Secretary, or the functions that were vested in the Assistant Secretary by law (Note: This provision seems to indicate that the Under Secretary does not have to transfer the immigration provisions into this Bureau.);

Responsible for administering SEVIS and other programs established under §641 of IIRAIRA to collect information relating to foreign students and other exchange program participants and use that information to carry out the enforcement functions of the Bureau;

Design and implement a managerial rotation program where managerial and supervisory staff will gain experience in all the major functions of the Bureau and work in at least one local office. Two years after the transfer of the immigration functions, the Secretary will submit a report to Congress on this program.
Establishes the position of Chief of Policy and Strategy for the Bureau of Border Security. Responsibilities include: consulting with personnel in local offices; researching policy issues; analyzing and making policy recommendations on immigration enforcement issues; and coordinating immigration policy with Chief of Policy and Strategy for the Bureau of Citizenship and Immigration.

Establishes the position of Legal Advisor to the Assistant Secretary of the Bureau of Border Security. This position will provide legal advice to the Assistant Secretary and will represent the Bureau in all exclusion, deportation, and removal proceedings before the EOIR.
Section 443 - Professional Responsibility and Quality Review
Provides that the Under Secretary for Border and Transportation Security is responsible for the following: investigations of misconduct, corruption and fraud involving Bureau personnel, not including those subject to the Inspector General’s investigations; inspections of operations and assessment of the quality of the Bureau’s operations and the operations of each of its components; analysis of the management of the Bureau.
Section 444 - Employee Discipline
Establishes that the Under Secretary for Border and Transportation Security may discipline and terminate Bureau employees, who willfully deceive Congress or agency leadership, pursuant to the policies and procedures of the FBI.
Section 445 - Report on Improving Enforcement Functions
Mandates a report by the Secretary detailing how the Bureau will enforce the enforcement provisions of the INA. The report is due to the House and Senate Committees on Appropriations and Judiciary one year after the Secretary is sworn in to office.

Provides that the Secretary shall consult with the following to determine the most effective way to conduct enforcement operations: Attorney General; Secretary of State; Director of the FBI; Secretary of Labor; Secretary of the Treasury; Commissioner of Social Security; Director of EOIR; heads of States and local law enforcement agencies.
Section 446 - Sense of Congress Regarding Construction of Fencing Near San Diego, Californi
Completing the 14-mile border fence project set forth in §102(b) of IIRAIRA should be a priority.
SUBTITLE E- Citizenship and Immigration Services
Section 451 - Establishment of Bureau of Citizenship and Immigration Services
Establishes the “Bureau of Citizenship and Immigration Services” to be headed by a Director. The Director will report directly to the Deputy Secretary for Homeland Security, have 5 years management experience, and be paid at the same level as the Assistant Secretary of the Bureau of Border Security.

The Director is required to meet regularly with an Ombudsman described in §452 of this Act.

Within one year of the effective date, the Director shall design and implement a managerial rotation program where supervisors and managers gain experience in all major functions of the bureau and work in at least one field office and one service center.

Authorizes the Director to institute a pilot program to eliminate backlogs in the processing of immigrant benefit applications.

Transfers the following functions from the INS commissioner to the Director:
Adjudications of immigrant visa petitions;

Adjudications of naturalization petitions;

Adjudications of asylum and refugee applications;

Adjudications performed at service centers;

All other adjudications performed by the Immigration and Naturalization Service immediately before the effective date specified in §455 of this Act.
Establishes a position of Chief of Policy and Strategy for the Bureau who will make policy recommendations on service issues and coordinate with the Policy Chief of the Bureau of Border Security.

Establishes a position of Legal Advisor to the Director who will give legal advice and represent the Bureau in visa petition appeal proceedings before the EOIR.
Section 452 - Citizenship and Immigration Services Ombudsman
Establishes a position of Ombudsman who will report directly to the Deputy Secretary and who shall identify service problem areas, report these problems, propose changes and monitor the local offices of the Ombudsman.

Requires the Ombudsman to have a background in customer service and immigration law.
Section 459 - Report on Improving Immigration Services
Requires the Secretary to submit a plan to the House and Senate, no later than one year after enactment, on how the Bureau will complete adjudications efficiently and fairly.
Section 460 - Report on Responding to Fluctuating Needs
Requires the Attorney General to submit to Congress a report on any changes in law needed to ensure a prompt response to changes in immigration service needs.
Section 461 - Application of Internet-Based Technologies
Requires the Secretary to establish an Internet-based system that will allow persons access to online immigration services information.
Section 462 - Children’s Affairs

Authorizes the Director of the Office of Refugee Resettlement (ORR) of the Department of Health and Human Services to take over the functions of the immigrations laws formerly vested in statute, and performed by the commissioner, with respect to unaccompanied alien children.

Provides that the ORR Director is responsible for, among others, the following:
Developing a plan to be submitted to Congress on how to ensure that qualified and independent legal counsel is timely appointed to represent the interests of each such child, “consistent with the law regarding appointment of counsel that is in effect on the date of the enactment of this Act”;
Compiling, updating, and publishing at least annually a state-by-state list of professionals or other entities qualified to provide guardian and attorney representation services for unaccompanied alien children.
Requires the ORR Director to coordinate with other agencies to ensure that unaccompanied children are likely to appear for their hearings and are protected from dangerous elements. The section also states that the Director shall not release such children upon their own recognizance.

Encourages the Director of ORR to use the refugee children foster care system.

Transfers the Department of Justice personnel and funding currently allocated to the functions of caring for unaccompanied alien children to the Director of ORR.
SUBTITLE F- General Immigration Provisions
Section 471 - Abolishment of INS
Abolishes the INS.

Prohibits the Secretary from using the reorganization authority given to him under §1502 of this Act to recombine the two immigration Bureaus into a single agency, or otherwise combine, join or consolidate functions or units of the two bureaus with each other.

Permits the reorganization of the functions within a single Bureau.
Section 472 - Voluntary Separation Incentive Payments
Establishes the authority and procedures by which the Attorney General and Secretary may make voluntary separation incentive payments to employees to the extent necessary to carry out their restructuring plan.
Section 473 - Authority to Conduct a Demonstration Project Relating to Disciplinary Action
Establishes the authority and procedures by which the Attorney General and Secretary may conduct demonstration projects within the first 5 years after the date of enactment of this Act to determine whether changes in the employee disciplining policies would result in improved personnel management.
Section 475 - Director of Shared Services
Creates the position of Director of Shared Services within the Office of Deputy Secretary.

Makes the position responsible for the coordination of resources for the two immigration Bureaus, including: information resources management; records and file management; and forms management.
Section 476 - Separation of Funding
Establishes separate accounts in the U.S. Treasury for the two immigration Bureaus.

Separates the budget requests for each Bureau.

Establishes that fees for services, applications or benefits shall be deposited into the account of the Bureau that has jurisdiction over the function to which the fee relates.

States that fees are not transferable for purposes that are not set forth in §286 of the INA.
Section 477 - Reports and Implementation Plans
Mandates report by the Secretary on the proposed division and transfer of funds between the two immigration Bureaus. Report shall be submitted 120 days after effective date of this Act to the House and Senate Committees on Appropriations and Judiciary.

Mandates report by the Secretary on the proposed division of personnel between the two immigration Bureaus. Report shall be submitted 120 days after effective date of this Act to the House and Senate Committees on Appropriations and Judiciary.

Mandates an implementation plan by the Secretary on the proposed division and transfer of funds between the two immigration Bureaus. Report shall be submitted 120 days after effective date of this Act and every 6 months thereafter until the end of FY2005 to the House and Senate Committees on Appropriations and Judiciary.

Establishes that the implementation plan should include details regarding the separation of the two immigration Bureaus, including the following: organizational and field structure; chain of command; procedures for interaction between the bureaus; fraud detection and investigation; processing and handling of removal proceedings, including expedited removal and applications for relief from removal; recommendations for comforting amendments to the INA; establishment of a transition team; and methods to phase in costs of dividing the administrative support systems.

Mandates a status report on transition by Comptroller General. The report shall be submitted 18 months after the transfer of the immigration functions to Under Secretary for Border and Transportation Security, as set forth in §441 of this Act, and every 6 months thereafter until the full implementation of Title IV. The report will be submitted to the House and Senate Committees on Appropriations and Judiciary. The report shall contain the following: status of the transfer of immigration functions have been completed; issues that arose as a result of the completed transfers; and identification of any issues that may arise due to any future transfers.

Mandates a study and a report on management by the Comptroller General. The report shall be submitted 4 years after the transfer of the immigration functions to Under Secretary for Border and Transportation Security, as set forth in §441 of this Act. The report will be submitted to the House and Senate Committees on Appropriations and Judiciary and shall contain the following: whether the transfer of functions from the INS to the two Bureaus has improved operations, management, financial administration, and record keeping; and recommendations for further improvements to the two Bureaus.

Mandates a report by the Comptroller General on whether the Bureau on Citizenship and Immigration is likely to derive sufficient funds from fees to carry out its functions without appropriated funds. The report shall be submitted 1 year after enactment of this Act to the House and Senate Committees on Appropriations and Judiciary.
Section 478 - Immigration Functions
Mandates a report by the Secretary on the impact the transfers made by this subtitle have had on immigration functions. Report shall be submitted 1 year after the enactment of this Act and every year thereafter to the President, the House Committees on the Judiciary and Government Reform, and the Senate Committees on the Judiciary and Government Affairs.

Requires the report to include the following: aggregate number of immigration applications and petitions received and processed; region-by–region statistics on the aggregate number of petitions filed by an alien and denied, disaggregated by category of denial and application of petition type; quantity of backlogged applications that have been processed; the number awaiting processing and a plan for eliminating the backlog; average processing period for immigration applications and petitions, disaggregated by application or petition type; number and type of immigration related grievances filed with the DOJ and the resolution, if any; plans to address grievances and improve services; whether immigration–related fees were used consistent with legal requirements; and whether immigration-related questions were answered effectively and efficiently.

Stating that the sense of Congress regarding immigration services is that the transfer should improve the quality and efficiency of immigration services and that the Secretary should undertake efforts to guarantee that concerns over the quality and efficiency of immigration services are addressed after the effective date.
TITLE XII- Management
Section 705 - Establishment of Officer for Civil Rights and Civil Liberties
Requires the Secretary to appoint an Officer for Civil Rights and Civil Liberties.

Requires of the new Officer the following:
Review and assess information alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by employees and officials of the department;

Make the Officer responsibilities and contact information known to the public through the use of the Internet, radio, television, or newspaper advertisements.
Requires the Secretary to submit an annual report to Congress detailing the implementation of this Officer, the funds appropriated to the Officer, any allegations of abuses under this section, and any actions taken in response to such allegations.
TITLE XI- Department of Justice Divisions
SUBTITLE A- Executive Office for Immigration Review
Section 1101 - Legal Status of EOIR
Establishes in the Department of Justice, the Executive Office for Immigration Review. The EOIR shall be subject to the direction and regulation of the Attorney General under §203(g) of the INA, as added by §1102 of this Act.
Section 1102 - Authorities of the Attorney General
Amends §103 of the INA, as amended by this Act, by including a reference to the Attorney General in subsection (a) and by adding a new subsection (g). Under the new subsection (g):
The Attorney General is granted such authorities and functions under the INA and all other laws relating to the immigration and naturalization of aliens as were exercised by the EOIR, or by the Attorney General with respect to the EOIR, “on the day before the effective date of the Immigration Reform, Accountability and Security Enhancement Act of 2002.” [The reference to this act appears to be a drafting error, since it refers to the title of a previous homeland security proposal that has not been passed.]

The Attorney General is authorized “to establish such regulations, prescribe such forms of bond, reports, entries, and other papers, issue such instructions, review such administrative determinations in immigration proceedings, delegate such authority, and perform such other acts as the Attorney General determines to be necessary to carry out this section.”
Section 1103 - Statutory Construction
Nothing in this Act shall be construed to limit judicial deference to any actions of the Secretary of Homeland Security or the Attorney General.
TITLE XV- Transition
SUBTITLE A- Reorganization Plan
Section 1503 - Review of Congressional Committee Structures
Directs each House of Congress to review its committee structure in light of the creation of the new Department of Homeland Security.
TITLE XVI- Corrections to Existing Law Relating to Airline Transportation Security
Section 1603 - Allowing United States Citizens and United States Nationals as Screeners
Amends §44935(e)(2)(A)(ii) of title 49 of the United State Code to allow nationals of the United States to work as airport screeners. The term “national of the United States” is defined by §101(a)(22) of the INA [Note: the text of the Act reads §1101(a)(22) and is a typo that will have to be corrected] as a citizen of the U.S. or a person who is not a citizen but owes permanent allegiance to the United States.
Cite as "Posted on AILA InfoNet at Doc. No. 02120240 (Dec. 2, 2002) ."
 
http://www.uslawnet.com/englishhome/news/messages/35.htm


  
Posted by John MacHaffie at 9:37:00 AM 0 comments
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