Homeland Security Act of
Establishes a Department of Homeland Security
(DHS), headed by the Secretary of Homeland Security.
Establishes in DHS the Directorate for
Information Analysis and Infrastructure Protection, headed by
an Under Secretary for Information Analysis and Infrastructure
Critical Infrastructure Information Act
of 2002 - Exempts from the Freedom of Information Act and other
Federal and State disclosure requirements critical infrastructure
information voluntarily submitted to a covered Federal agency
for its use regarding the security of critical infrastructure
and protected systems, analysis, warning, interdependency study,
recovery, reconstitution, or other informational purpose.
Requires the Secretary to: (1) establish
procedures for sharing information; and (2) appoint a senior Privacy
Cyber Security Enhancement Act of 2002
- Directs the U.S. Sentencing Commission to amend Federal sentencing
guidelines and otherwise address crimes involving fraud in connection
with computers and access to protected information, protected
computers or restricted data in interstate or foreign commerce
or involving a computer used by or for the Federal Government.
Exempts from criminal penalties any emergency disclosures to a
governmental entity by an electronic communication service and
specified disclosures made in good faith.
Abolishes the Office of Science and Technology
of the National Institute of Justice and transfers its functions
to an Office of Science and Technology hereby established within
the Department of Justice.
Requires the Director of the Office to
operate and support National Law Enforcement and Corrections Technology
Establishes in DHS: (1) a Directorate
of Science and Technology, headed by an Under Secretary for Science
and Technology; (2) a Homeland Security Advanced Research Projects
Agency; (3) a Homeland Security Science and Technology Advisory
Committee; (4) a Homeland Security Institute; (5) a Directorate
of Border and Transportation Security, headed by an Under Secretary
for Border and Transportation Security; and (6) the U.S. Customs
Service (transferred from the Department of the Treasury, but
with certain customs revenue functions remaining with the Secretary
of the Treasury).
Transfers to DHS certain agricultural
inspection functions of the Department of Agriculture.
Maintains the Transportation Security
Administration, transferred to DHS from the Department of Transportation,
as a distinct entity.
Vests in the Secretary of DHS all authority
relating to U.S. consular officials to grant or refuse visas for
entry into the Unite States.
Establishes in DHS an Office for Domestic
Preparedness to prepare the United States for acts of terrorism.
Transfers to Under Secretary for Border
and Transportation Security from the Commissioner of Immigration
and Naturalization (INS Commissioner) all functions performed
under the Border Patrol, detention and removal, intelligence,
investigations, and inspections programs.
Establishes in DHS: (1) a Bureau of Border
Security, headed by an Assistant Secretary; (2) a Bureau of Citizenship
and Immigration Services, headed by a Director; and (3) a Citizenship
and Immigration Services Ombudsman.
Transfers from the INS Commissioner to
the Director of the Office of Refugee Resettlement of the Department
of Health and Human Services (HHS) functions under Federal immigration
law with respect to the care of unaccompanied alien children.
Abolishes the Immigration and Naturalization
Service (INS) of the Department of Justice.
Authorizes the Attorney General and the
Secretary to: (1) make voluntary separation incentive payments
to employees of the INS, the DHS Bureau of Border Security, and
the DHS Bureau of Citizenship and Immigration Services; and (2)
conduct a demonstration project to determine whether changes in
the policies or procedures relating to methods for disciplining
employees would result in improved personnel management.
Establishes within the Office of Deputy
DHS Secretary a Director of Shared Services to coordinate resources
for the Bureau of Border Security and the Bureau of Citizenship
and Immigration Services.
Establishes in DHS a Directorate of Emergency
Preparedness and Response, headed by an Under Secretary.
Declares that, at the direction of the
DHS Secretary (in connection with an actual or threatened terrorist
attack, major disaster, or other emergency in the United States),
the Nuclear Incident Response Team shall operate as an organizational
unit of DHS.
Provides for Johnny Micheal Spann Patriot
Trusts for surviving spouses, children, or dependent parents,
grandparents, or siblings of members of the U.S. Armed Forces,
certain personnel (including contractors) of elements of the intelligence
community, Federal Bureau of Investigation (FBI) employees, and
Federal officers, employees, or contract employees whose deaths
occur in the line of duty and arise out of terrorist attacks,
military operations, intelligence operations, or law enforcement
operations or accidents connected with activities occurring after
September 11, 2001, and related to domestic or foreign efforts
to curb international terrorism.
Specifies the duties of the DHS Under
Secretary for Management.
Requires the Secretary to appoint an Officer
for Civil Rights and Civil Liberties to assess information alleging
abuses of civil rights, civil liberties, and racial and ethnic
profiling by DHS employees and officials.
Establishes within the Office of the DHS
Secretary an Office for State and Local Government Coordination
to oversee and coordinate departmental programs for and relationships
with State and local governments.
Subjects the DHS Inspector General to
the Secretary's authority with respect to audits or investigations,
or issuance of subpoenas, that require access to sensitive information
concerning specified matters the disclosure of which would constitute
a serious threat to national security. Specifies the law enforcement
powers of Inspector General agents.
Transfers the United States Secret Service
Prohibits the Secretary from entering
into contracts with any foreign incorporated entity treated as
an inverted domestic corporation (corporate expatriate).
Authorizes the Secretary to establish
a human resources management system for the organizational units
Declares that no agency or agency subdivision
transferred to DHS shall be excluded from coverage of Federal
civil service labor-management relations law unless: (1) the agency's
(or subdivision's) mission and responsibilities materially change;
and (2) a majority of the employees within such agency (or subdivision)
have as their primary duty intelligence, counterintelligence,
or investigative work directly related to terrorism investigation.
Prescribes requirements, including expedited
procedures, for procurements for defense against or recovery from
terrorism or nuclear, biological, chemical, or radiological attack.
Support Anti-terrorism by Fostering Effective
Technologies Act of 2002' or the SAFETY Act - Authorizes the Secretary
to designate anti-terrorism technologies that qualify for protection
under a prescribed system of risk management (including mandatory
liability insurance). Creates a Federal cause of action for claims
arising out of, relating to, or resulting from an act of terrorism
when qualified anti-terrorism technologies have been deployed
in defense against or response or recovery from such act and such
claims result or may result in loss to the Seller.
Directs the Secretary to appoint a senior
DHS counternarcotics officer to coordinate policy and operations
within DHS and between it and other Federal agencies with respect
to interdicting the entry of illegal drugs into the United States,
and tracking and severing connections between illegal drug trafficking
Establishes within the Office of the Secretary
an Office of International Affairs.
Prohibits all Federal activities to implement
the proposed component program of the Citizen Corps known as Operation
TIPS (Terrorism Information and Prevention System).
Establishes within the Office of the Secretary
an Office for National Capital Region to oversee and coordinate
Federal programs for and relationships with State, local, and
regional authorities in the National Capital Region Coordination.
Requires DHS to comply with Federal laws
protecting equal employment opportunity and providing whistleblower
Authorizes the Secretary to establish
a permanent Joint Interagency Homeland Security Task Force composed
of representatives from military and civilian Federal agencies
to anticipate terrorist threats and prevent terrorist attacks
against the United States.
Declares the sense of Congress reaffirming
the continued importance and applicability of the Posse Comitatus
Act prohibiting the use of the Armed Forces as a posse comitatus
to execute the law except as expressly authorized by the Constitution
or Act of Congress.
Transfers the Coast Guard to DHS, but
prohibits the Secretary from substantially or significantly reducing
the missions of the Coast Guard or its capability to perform them,
except as specified in subsequent Acts.
Homeland Security Information Sharing
Act - Directs the President to prescribe and implement procedures
under which relevant Federal agencies: (1) share relevant and
appropriate homeland security information with other Federal agencies,
including DHS, and appropriate State and local personnel; (2)
identify and safeguard homeland security information that is sensitive
but unclassified; and (3) to the extent such information is in
classified form, determine whether, how, and to what extent to
remove classified information, as appropriate, and with which
such personnel it may be shared after such information is removed.
Amends the Federal Rules of Criminal Procedure
to authorize the disclosure of grand jury information: (1) to
personnel of a foreign government; and (2) to appropriate Federal,
State, local, or foreign government officials to prevent or respond
to specified hostile foreign power or domestic or international
terrorist threats or actions, or foreign intelligence gathering
Authorizes Federal investigative or law
enforcement officers to share electronic, wire, and oral interception
information with foreign investigative or law enforcement officers.
Establishes within the Executive Office
of the President a National Homeland Security Council to: (1)
assess U.S. objectives, commitments, and risks in the interest
of homeland security; (2) oversee and review Federal homeland
security policies; and (3) make recommendations to the President.
Federal Information Security Management
Act of 2002 - Amends Federal law to revise requirements for the
coordination of Federal information policy to require: (1) the
Director of the Office of Management and Budget (OMB) to oversee
agency information security policies and practices; and (2) each
Federal agency head to provide information security protections.
Requires the Director to prescribe standards for Federal information
systems based on proposals by the National Institute of Standards
Renames the Computer System Security and
Privacy Advisory Board the Information Security and Privacy Advisory
Transfers the Bureau of Alcohol, Tobacco
and Firearms (ATF) from the Department of the Treasury to the
Department of Justice.
Establishes within ATF an Explosives Training
and Research Facility at Fort AP Hill, Fredericksburg, Virginia.
Safe Explosives Act - Amends the Federal
criminal code to provide for $50 one-year limited permits to receive
explosive materials no more than six times during the permit period,
and only from licensees or permittees whose premises are located
in the State where the limited permittee resides. Prohibits limited
permit holders from transporting, shipping, or receiving explosive
materials in interstate or foreign commerce.
Prohibits knowing distribution of explosive
materials to or possession by: (1) certain illegal aliens; (2)
persons with a dishonorable discharge from the Armed Forces; or
(3) anyone who has renounced U.S. citizenship. Authorizes the
Secretary to grant relief from specified prohibitions, depending
on the relief applicant's record and reputation.
Extends through calendar 2003 the authority
of the Secretary of Transportation to declare an air carrier a
victim of terrorism not liable for third party claims arising
out of acts of terrorism.
Grants the Secretary of Transportation
authority to extend through calendar 2003 the termination date
of any insurance policy issued to an air carrier.
Chief Human Capital Officers Act of 2002
- Amends Federal civil service law to require the heads of specified
agencies to appoint or designate Agency Chief Human Capital Officers
to set agency workforce development strategy.
Establishes a Chief Human Capital Officers
Requires OMB to design a set of systems
for assessing the management of human capital by Federal agencies.
Amends Federal civil service law to authorize
OMB to establish alternative ranking and selection procedures
for the competitive service hiring process.
Provides for permanent extension and revision
of authorities for use of voluntary separation incentive pay and
voluntary early retirement.
Amends Federal civil service law to repeal
recertification requirements of the Senior Executive Service.
Revises requirements with respect to employee academic degree
training and the National Security Education Program.
Arming Pilots Against Terrorism Act -
Amends Federal transportation law to require the Under Secretary
of Transportation for Security to establish a program to deputize
volunteer pilots of passenger air carriers as Federal law enforcement
officers to defend the aircraft flight decks with firearms or
less-than-lethal weapons against acts of criminal violence or
air piracy (Federal flight deck officers). Provides for flight
Requires the President to transmit a DHS
reorganization plan to the appropriate congressional committees
within 60 days after enactment of this Act.
Revises Federal transportation law with
respect to airline transportation security.
Allows U.S. nationals, as well as U.S.
citizens, as airport screeners.
Transfers to the DHS Secretary the mandate
to protect Federal Government officers, employees, and property.
of certain security and law enforcement functions and authorities.
Establishes in the Department of Defense
a National Bio-Weapons Defense Analysis Center.
Amends Federal transportation law to extend
certain requirements with respect to railroad and hazardous materials
(hazmat) safety to railroad and hazmat security.