Public Law 107–296 107th Congress An Act

1 116 STAT. 2135 Public LAW 107 296 NOV. 25, 2002 Public Law 107 296107th CongressAn ActTo establish the Department of Homeland security , and for other it enacted by the Senate and House of Representatives ofthe United States of America in Congress assembled,SECTION 1. SHORT TITLE; TABLE OF CONTENTS.(a) SHORTTITLE. This Act may be cited as the HomelandSecurity Act of 2002 .(b) TABLE OFCONTENTS. The table of contents for this Actis as follows:Sec. 1. Short title; table of 2. 3. Construction; 4. Effective I DEPARTMENT OF HOMELAND SECURITYSec. 101. Executive department; 102. Secretary; 103. Other II INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTIONS ubtitle A Directorate for Information Analysis and Infrastructure Protection;Access to InformationSec.

2 201. Directorate for Information Analysis and Infrastructure 202. Access to B Critical Infrastructure InformationSec. 211. Short 212. 213. Designation of critical infrastructure protection 214. Protection of voluntarily shared critical infrastructure 215. No private right of C Information SecuritySec. 221. Procedures for sharing 222. Privacy 223. Enhancement of non-Federal 224. Net 225. Cyber security Enhancement Act of D Office of Science and TechnologySec. 231. Establishment of office; 232. Mission of office; 233. Definition of law enforcement 234. Abolishment of Office of Science and Technology of National Institute ofJustice; transfer of 235.

3 National Law Enforcement and Corrections Technology 236. Coordination with other entities within Department of 237. Amendments relating to National Institute of III SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELANDSECURITYSec. 301. Under Secretary for Science and USC 101 Act 25, 2002[ 5005]VerDate 11-MAY-2000 22:55 Dec 10, 2002 Jkt 019139 PO 00296 Frm 00001 Fmt 6580 Sfmt 6582 E:\PUBLAW\ APPS24 PsN: PUBL296116 STAT. 2136 Public LAW 107 296 NOV. 25, 2002 Sec. 302. Responsibilities and authorities of the Under Secretary for Science 303. Functions 304. Conduct of certain Public health-related 305. Federally funded research and development 306.

4 Miscellaneous 307. Homeland security Advanced Research Projects 308. Conduct of research, development, demonstration, testing and 309. Utilization of Department of Energy national laboratories and sites insupport of homeland security 310. Transfer of Plum Island Animal Disease Center, Department of 311. Homeland security Science and Technology Advisory 312. Homeland security 313. Technology clearinghouse to encourage and support innovative solutionsto enhance homeland IV DIRECTORATE OF BORDER AND TRANSPORTATION SECURITYS ubtitle A Under Secretary for Border and Transportation SecuritySec. 401. Under Secretary for Border and Transportation 402.

5 403. Functions B United States Customs ServiceSec. 411. Establishment; Commissioner of 412. Retention of customs revenue functions by Secretary of the 413. Preservation of customs 414. Separate budget request for 415. 416. GAO report to 417. Allocation of resources by the 418. Reports to 419. Customs user C Miscellaneous ProvisionsSec. 421. Transfer of certain agricultural inspection functions of the Department 422. Functions of Administrator of General 423. Functions of Transportation security 424. Preservation of Transportation security Administration as a distinct 425. Explosive detection 426. Transportation 427.

6 Coordination of information and information 428. Visa 429. Information on visa denials required to be entered into electronic 430. Office for Domestic D Immigration Enforcement FunctionsSec. 441. Transfer of functions to Under Secretary for Border and 442. Establishment of Bureau of Border 443. Professional responsibility and quality 444. Employee 445. Report on improving enforcement 446. Sense of Congress regarding construction of fencing near San Diego, E Citizenship and Immigration ServicesSec. 451. Establishment of Bureau of Citizenship and Immigration 452. Citizenship and Immigration Services 453. Professional responsibility and quality 454.

7 Employee 455. Effective 456. 457. Funding for citizenship and immigration 458. Backlog 459. Report on improving immigration 460. Report on responding to fluctuating 11-MAY-2000 22:55 Dec 10, 2002 Jkt 019139 PO 00296 Frm 00002 Fmt 6580 Sfmt 6582 E:\PUBLAW\ APPS24 PsN: PUBL296116 STAT. 2137 Public LAW 107 296 NOV. 25, 2002 Sec. 461. Application of Internet-based 462. Children s F General Immigration ProvisionsSec. 471. Abolishment of 472. Voluntary separation incentive 473. Authority to conduct a demonstration project relating to disciplinary 474. Sense of 475. Director of Shared 476. Separation of 477.

8 Reports and implementation 478. Immigration V EMERGENCY PREPAREDNESS AND RESPONSESec. 501. Under Secretary for Emergency Preparedness and 502. 503. Functions 504. Nuclear incident 505. Conduct of certain Public health-related 506. 507. Role of Federal Emergency Management 508. Use of national private sector networks in emergency 509. Use of commercially available technology, goods, and VI TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THEARMED FORCES OF THE UNITED STATES AND OTHER GOVERNMENTALORGANIZATIONSSec. 601. Treatment of charitable trusts for members of the Armed Forces of theUnited States and other governmental VII MANAGEMENTSec.

9 701. Under Secretary for 702. Chief Financial 703. Chief Information 704. Chief Human Capital 705. Establishment of Officer for Civil Rights and Civil 706. Consolidation and co-location of VIII COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTORGENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERALPROVISIONSS ubtitle A Coordination with Non-Federal EntitiesSec. 801. Office for State and Local Government B Inspector GeneralSec. 811. Authority of the 812. Law enforcement powers of Inspector General C United States Secret ServiceSec. 821. Functions D AcquisitionsSec. 831. Research and development 832. Personal 833. Special streamlined acquisition 834.

10 Unsolicited 835. Prohibition on contracts with corporate E Human Resources ManagementSec. 841. Establishment of Human Resources Management 842. Labor-management F Federal Emergency Procurement FlexibilitySec. 851. 852. Procurements for defense against or recovery from terrorism or nuclear,biological, chemical, or radiological 11-MAY-2000 22:55 Dec 10, 2002 Jkt 019139 PO 00296 Frm 00003 Fmt 6580 Sfmt 6582 E:\PUBLAW\ APPS24 PsN: PUBL296116 STAT. 2138 Public LAW 107 296 NOV. 25, 2002 Sec. 853. Increased simplified acquisition threshold for procurements in support ofhumanitarian or peacekeeping operations or contingency 854.