S 1534 IS
To establish the Department of National Homeland Security.
October 11, 2001
Mr. LIEBERMAN (for himself and Mr. SPECTER) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs
To establish the Department of National Homeland Security.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Department of National Homeland Security Act of 2001'.
SEC. 2. DEFINITIONS.
In this Act:
(1) DEPARTMENT- The term `Department' means the Department of National Homeland Security established under this Act.
(2) SECRETARY- The term `Secretary' means the Secretary of National Homeland Security.
SEC. 3. ESTABLISHMENT OF THE DEPARTMENT OF NATIONAL HOMELAND SECURITY.
(a) ESTABLISHMENT- There is established the Department of National Homeland Security.
(b) SECRETARY OF NATIONAL HOMELAND SECURITY-
(1) IN GENERAL- The Secretary of National Homeland Security shall be the head of the Department. The Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
(2) CABINET LEVEL POSITION- Section 5312 of title 5, United States Code, is amended by adding at the end the following:
`Secretary of National Homeland Security.'.
(3) MEMBERSHIP ON THE NATIONAL SECURITY COUNCIL- Section 101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) is amended in the fourth sentence by striking paragraphs (5), (6), and (7) and inserting the following:
`(5) the Secretary of National Homeland Security; and
`(6) each Secretary or Under Secretary of such other executive department, or of a military department, as the President shall designate.'.
(c) DUTIES- The duties of the Secretary shall be the following:
(1) To plan, coordinate, and integrate those United States Government activities relating to homeland security, including border security and emergency preparedness, and to act as a focal point regarding natural and manmade crises and emergency planning.
(2) To work with State and local governments and executive agencies in protecting United States homeland security, and to support State officials through the use of regional offices around the Nation.
(3) To provide overall planning guidance to executive agencies regarding United States homeland security.
(4) To conduct exercise and training programs for employees of the Department and establish effective command and control procedures for the full range of potential contingencies regarding United States homeland security, including contingencies that require the substantial support of military assets.
(5) To annually develop a Federal response plan for homeland security and emergency preparedness.
SEC. 4. TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND ASSETS TO THE DEPARTMENT.
The authorities, functions, personnel, and assets of the following entities are transferred to the Department:
(1) The Federal Emergency Management Agency, the ten regional offices of which shall be maintained and strengthened by the Department.
(2) The United States Customs Service, which shall be maintained as a distinct entity within the Department.
(3) The Border Patrol of the Immigration and Naturalization Service, which shall be maintained as a distinct entity within the Department.
(4) The United States Coast Guard, which shall be maintained as a distinct entity within the Department.
(5) The Critical Infrastructure Assurance Office and the Institute of Information Infrastructure Protection of the Department of Commerce.
(6) The National Infrastructure Protection Center and the National Domestic Preparedness Office of the Federal Bureau of Investigation.
SEC. 5. ESTABLISHMENT OF DIRECTORATES AND OFFICE.
(a) ESTABLISHMENT OF DIRECTORATES- The following staff directorates are established within the Department:
(1) DIRECTORATE OF PREVENTION- The Directorate of Prevention, which shall be responsible for the following:
(A) Overseeing and coordinating all United States border security activities.
(B) Developing border and maritime security policy for the United States.
(C) Developing and implementing international standards for enhanced security in transportation nodes.
(2) DIRECTORATE OF CRITICAL INFRASTRUCTURE PROTECTION- The Directorate of Critical Infrastructure Protection, which shall be responsible for the following:
(A) Acting as the Critical Information Technology, Assurance, and Security Officer of the Department to coordinate efforts to address the vulnerability of the United States to electronic or physical attacks on critical infrastructure of the United States, including utilities, transportation nodes, and energy resources.
(B) Overseeing the protection of such infrastructure and the physical assets and information networks that make up such infrastructure.
(C) Ensuring the maintenance of a nucleus of cyber security experts within the United States Government.
(D) Enhancing sharing of information regarding cyber security and physical security of the United States, tracking vulnerabilities and proposing improved risk management policies, and delineating the roles of various government agencies in preventing, defending, and recovering from attacks.
(E) Coordinating with the Federal Communications Commission in helping to establish cyber security policy, standards, and enforcement mechanisms, and working closely with the Federal Communications Commission on cyber security issues with respect to international bodies.
(F) Coordinating the activities of Information Sharing and Analysis Centers to share information on threats, vulnerabilities, individual incidents, and privacy issues regarding United States homeland security.
(G) Assuming the responsibilities carried out by the Critical Infrastructure Assurance Office before the date of the enactment of this Act.
(H) Assuming the responsibilities carried out by the National Infrastructure Protection Center before the date of the enactment of this Act.
(I) Supporting and overseeing the management of the Institute for Information Infrastructure Protection.
(3) DIRECTORATE FOR EMERGENCY PREPAREDNESS AND RESPONSE- The Directorate for Emergency Preparedness and Response, which shall be responsible for the following:
(A) Carrying out all emergency preparedness and response activities carried out by the Federal Emergency Management Agency before the date of the enactment of this Act.
(B) Assuming the responsibilities carried out by the National Domestic Preparedness Office before the date of the enactment of this Act.
(C) Organizing and training local entities to respond to emergencies and providing State and local authorities with equipment for detection, protection, and decontamination in an emergency involving weapons of mass destruction.
(D) Overseeing Federal, State, and local emergency preparedness training and exercise programs in keeping with current intelligence estimates and providing a single staff for Federal assistance for any emergency (including emergencies caused by flood, earthquake, hurricane, disease, or terrorist bomb).
(E) Creating a National Crisis Action Center to act as the focal point for monitoring emergencies and for coordinating Federal support for State and local governments and the private sector in crises.
(F) Establishing training and equipment standards, providing resource grants, and encouraging intelligence and information sharing among the Department of Defense, the Federal Bureau of Investigation, the Central Intelligence Agency, State emergency management officials, and local first responders.
(G) Coordinating and integrating activities of the Department of Defense, the National Guard, and other Federal agencies into a Federal response plan.
(H) Coordinating activities among private sector entities, including entities within the medical community, with respect to recovery, consequence management, and planning for continuity of services.
(I) Developing and managing a single response system for national incidents in coordination with the Department of Justice, the Federal Bureau of Investigation, the Department of Health and Human Services, and the Centers for Disease Control.
(J) Maintaining Federal asset databases and supporting up-to-date State and local databases.
(b) ESTABLISHMENT OF OFFICE OF SCIENCE AND TECHNOLOGY-
(1) IN GENERAL- There is established in the Department an Office of Science and Technology.
(2) PURPOSE- The Office of Science and Technology shall advise the Secretary regarding research and development efforts and priorities for the directorates established in subsection (a).
SEC. 6. REPORTING REQUIREMENTS.
(a) BIENNIAL REPORTS- The Secretary shall submit to Congress on a biennial basis--
(1) a report assessing the resources and requirements of executive agencies relating to border security and emergency preparedness issues; and
(2) a report certifying the preparedness of the United States to prevent, protect against, and respond to natural disasters, cyber attacks, and incidents involving weapons of mass destruction.
(b) ADDITIONAL REPORT- Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report--
(1) assessing the progress of the Department in--
(A) implementing the provisions of this Act; and
(B) ensuring the core functions of each entity transferred to the Department are maintained and strengthened; and
(2) recommending any conforming changes in law necessary as a result of the enactment and implementation of this Act.
SEC. 7. COORDINATION WITH OTHER ORGANIZATIONS.
The Secretary shall establish and maintain strong mechanisms for the sharing of information and intelligence with United States and international intelligence entities.
SEC. 8. PLANNING, PROGRAMMING, AND BUDGETING PROCESS.
The Secretary shall establish procedures to ensure that the planning, programming, budgeting, and financial activities of the Department comport with sound financial and fiscal management principles. At a minimum, those procedures shall provide for the planning, programming, and budgeting of activities of the Department using funds that are available for obligation for a limited number of years.
SEC. 9. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH REQUIREMENTS.
The Secretary shall--
(1) ensure that the Department complies with all applicable environmental, safety, and health statutes and substantive requirements; and
(2) develop procedures for meeting such requirements.
SEC. 10. SAVINGS PROVISIONS.
(a) CONTINUING EFFECT OF LEGAL DOCUMENTS- All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions--
(1) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act, and
(2) which are in effect at the time this Act takes effect, or were final before the effective date of this Act and are to become effective on or after the effective date of this Act,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary of National Homeland Security or other authorized official, a court of competent jurisdiction, or by operation of law.
(b) PROCEEDINGS NOT AFFECTED- The provisions of this Act shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before an agency at the time this Act takes effect, with respect to functions transferred by this Act but such proceedings and applications shall continue. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.
(c) SUITS NOT AFFECTED- The provisions of this Act shall not affect suits commenced before the effective date of this Act, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.
(d) NONABATEMENT OF ACTIONS- No suit, action, or other proceeding commenced by or against an agency, or by or against any individual in the official capacity of such individual as an officer of an agency, shall abate by reason of the enactment of this Act.
(e) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION OF REGULATIONS- Any administrative action relating to the preparation or promulgation of a regulation by an agency relating to a function transferred under this Act may be continued by the National Homeland Security with the same effect as if this Act had not been enacted.
(f) REFERENCES- Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department, agency, or office from which a function is transferred by this Act--
(1) to the head of such department, agency, or office is deemed to refer to the Secretary of National Homeland Security; or
(2) to such department, agency, or office is deemed to refer to the Department of National Homeland Security.
SEC. 11. EFFECTIVE DATE.
This Act shall take effect 6 months after the date of enactment of this Act.