H.R.5005
Homeland Security Act of 2002 (Introduced in House)
HR 5005 IH1S
107th CONGRESS
2d Session
H. R. 5005
To establish the Department of Homeland Security, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 24, 2002
Mr. ARMEY (for himself, Mr. HASTERT, Mr. DELAY, Mr. WATTS of Oklahoma, Mr.
COX, Ms. PRYCE of Ohio, Mrs. CUBIN, Mr. TOM DAVIS of Virginia, Mr. BLUNT, Mr.
PORTMAN, Mr. ADERHOLT, Mr. AKIN, Mr. BALLENGER, Mr. BARR of Georgia, Mr. BASS,
Mr. BEREUTER, Mr. BOEHLERT, Mr. BONILLA, Mrs. BONO, Mr. BRADY of Texas, Mr.
BROWN of South Carolina, Mr. BURTON of Indiana, Mr. BUYER, Mr. CALVERT, Mr.
CAMP, Mr. CANTOR, Mrs. CAPITO, Mr. CASTLE, Mr. CHAMBLISS, Mr. COOKSEY, Mr.
CRENSHAW, Mrs. JO ANN DAVIS of Virginia, Mr. DREIER, Mr. DEMINT, Ms. DUNN of
Washington, Mr. EHRLICH, Mr. ENGLISH, Mr. FERGUSON, Mr. FORBES, Mr. FOSSELLA,
Mr. GANSKE, Mr. GEKAS, Mr. GIBBONS, Mr. GILMAN, Mr. GILLMOR, Mr. GOODE, Ms.
GRANGER, Mr. GREEN of Wisconsin, Mr. GREENWOOD, Mr. GRUCCI, Mr. HANSEN, Ms.
HARMAN, Ms. HART, Mr. HASTINGS of Washington, Mr. HAYES, Mr. HAYWORTH, Mr.
HEFLEY, Mr. HERGER, Mr. HOEKSTRA, Mr. HORN, Mr. HOUGHTON, Mr. ISSA, Mr. JENKINS,
Mrs. JOHNSON of Connecticut, Mr. KELLER, Mrs. KELLY, Mr. KING, Mr. KOLBE, Mr.
LAHOOD, Mr. LINDER, Mr. MCCRERY, Mr. MCKEON, Mr. MALONEY of Connecticut, Mr.
MANZULLO, Mr. DAN MILLER of Florida, Mr. GARY G. MILLER of California, Mrs.
MORELLA, Mrs. MYRICK, Mr. NUSSLE, Mr. OSBORNE, Mr. OXLEY, Mr. PICKERING, Mr.
PITTS, Mr. PUTNAM, Mr. REHBERG, Mr. ROHRABACHER, Mr. ROYCE, Mrs. ROUKEMA, Mr.
RYUN of Kansas, Mr. SAXTON, Mr. SCHROCK, Mr. SENSENBRENNER, Mr. SESSIONS, Mr.
SHAW, Mr. SHAYS, Mr. SHERWOOD, Mr. SIMPSON, Mr. SKEEN, Mr. SOUDER, Mr. SWEENEY,
Mr. TANCREDO, Mr. TAUZIN, Mr. THORNBERRY, Mr. TIBERI, Mr. UPTON, Mr. SHIMKUS,
Mr. WALDEN, Mr. WAMP, Mr. WELDON of Pennsylvania, Mr. WELLER, Mr. WHITFIELD, Mr.
WICKER, Mrs. WILSON of New Mexico, and Mr. WILSON of South Carolina) (all by
request) introduced the following bill; pursuant to House Resolution 449,
referred to the Select Committee on Homeland Security for a period to be
subsequently determined by the Speaker, and in addition to the Committees on
Agriculture, Appropriations, Armed Services, Energy and Commerce, Financial
Services, Government Reform, Intelligence (Permanent Select), International
Relations, the Judiciary, Science, Transportation and Infrastructure, and Ways
and Means, for a period ending not later than July 12, 2002, in each case for
consideration of such matters as fall within the jurisdiction of the committee
concerned
A BILL
To establish the Department of Homeland Security, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Homeland Security Act of
2002'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 3. Construction; severability.
TITLE I--DEPARTMENT OF HOMELAND SECURITY
Sec. 101. Executive department; mission.
Sec. 102. Secretary; functions.
Sec. 103. Other officers.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Sec. 201. Under Secretary for Information Analysis and Infrastructure
Protection.
Sec. 202. Functions transferred.
Sec. 203. Access to information.
Sec. 204. Information voluntarily provided.
TITLE III--CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR
COUNTERMEASURES
Sec. 301. Under Secretary for Chemical, Biological, Radiological, and
Nuclear Countermeasures.
Sec. 302. Functions transferred.
Sec. 303. Conduct of certain public health-related activities.
Sec. 304. Military activities.
TITLE IV--BORDER AND TRANSPORTATION SECURITY
Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Functions transferred.
TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE
Sec. 501. Under Secretary for Emergency Preparedness and Response.
Sec. 502. Functions transferred.
Sec. 503. Nuclear incident response.
Sec. 505. Conduct of certain public health-related activities.
TITLE VI--MANAGEMENT
Sec. 601. Under Secretary for Management.
Sec. 602. Chief Financial Officer.
Sec. 603. Chief Information Officer.
TITLE VII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED
STATES SECRET SERVICE; GENERAL PROVISIONS
Subtitle A--Coordination With Non-Federal Entities
Sec. 701. Responsibilities.
Subtitle B--Inspector General
Sec. 710. Authority of the Secretary.
Subtitle C--United States Secret Service
Sec. 720. Functions transferred.
Subtitle D--General Provisions
Sec. 730. Establishment of human resources management system.
Sec. 731. Advisory committees.
Sec. 732. Acquisitions; property.
Sec. 733. Reorganization; transfer.
Sec. 734. Miscellaneous provisions.
Sec. 735. Authorization of appropriations.
TITLE VIII--TRANSITION
Sec. 802. Transfer of agencies.
Sec. 803. Transitional authorities.
Sec. 804. Savings provisions.
Sec. 806. Incidental transfers.
TITLE IX--CONFORMING AND TECHNICAL AMENDMENTS
Sec. 901. Inspector General Act.
Sec. 902. Executive schedule.
Sec. 903. United States Secret Service.
Sec. 905. Strategic national stockpile and smallpox vaccine
development.
Sec. 906. Select agent registration.
Sec. 907. National Bio-Weapons Defense Analysis Center.
SEC. 2. DEFINITIONS.
Unless the context clearly indicates otherwise, the following shall apply
for purposes of this Act:
(1) The term `American homeland' or `homeland' means the United States,
in a geographic sense.
(2) The term `assets' includes contracts, facilities, property, records,
unobligated or unexpended balances of appropriations, and other funds or
resources (other than personnel).
(3) The term `Department' means the Department of Homeland
Security.
(4) The term `emergency response providers' includes Federal, State, and
local government emergency public safety, law enforcement, emergency
response, emergency medical, and related personnel, agencies, and
authorities.
(5) The term `executive agency' means an executive agency and a military
department, as defined, respectively, in sections 105 and 102 of title 5,
United States Code.
(6) The term `functions' includes authorities, powers, rights,
privileges, immunities, programs, projects, activities, duties,
responsibilities, and obligations.
(7) The term `local government' has the meaning given in section 102(6)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Public Law 93-288).
(8) The term `major disaster' has the meaning given in section 102(2) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public
Law 93-288).
(9) The term `personnel' means officers and employees.
(10) The term `Secretary' means the Secretary of Homeland
Security.
(11) The term `United States', when used in a geographic sense, means
any State (within the meaning of section 102(4) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Public Law 93-288)), any
possession of the United States, and any waters within the jurisdiction of
the United States.
SEC. 3. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unenforceable by its
terms, or as applied to any person or circumstance, shall be construed so as
to give it the maximum effect permitted by law, unless such holding shall be
one of utter invalidity or unenforceability, in which event such provision
shall be deemed severable from this Act and shall not affect the remainder
thereof, or the application of such provision to other persons not similarly
situated or to other, dissimilar circumstances.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect thirty days after the date of enactment or, if
enacted within thirty days before January 1, 2003, on January 1, 2003.
TITLE I--DEPARTMENT OF HOMELAND SECURITY
SEC. 101. EXECUTIVE DEPARTMENT; MISSION.
(a) ESTABLISHMENT- There is established a Department of Homeland Security,
as an executive department of the United States within the meaning of title 5,
United States Code.
(b) MISSION- (1) The primary mission of the Department is to--
(A) prevent terrorist attacks within the United States;
(B) reduce the vulnerability of the United States to terrorism;
and
(C) minimize the damage, and assist in the recovery, from terrorist
attacks that do occur within the United States.
(2) In carrying out the mission described in paragraph (1), and as further
described in this Act, the Department's primary responsibilities shall
include--
(A) information analysis and infrastructure protection;
(B) chemical, biological, radiological, nuclear, and related
countermeasures;
(C) border and transportation security;
(D) emergency preparedness and response; and
(E) coordination (including the provision of training and equipment)
with other executive agencies, with State and local government personnel,
agencies, and authorities, with the private sector, and with other
entities.
(3) The Department shall also be responsible for carrying out other
functions of entities transferred to the Department as provided by law.
SEC. 102. SECRETARY; FUNCTIONS.
(a) SECRETARY- (1) There is a Secretary of Homeland Security, appointed by
the President, by and with the advice and consent of the Senate.
(2) The Secretary is the head of the Department and shall have direction,
authority, and control over it.
(3) All functions of all officers, employees, and organizational units of
the Department are vested in the Secretary.
(b) FUNCTIONS- The Secretary--
(1) may delegate any of his functions to any officer, employee, or
organizational unit of the Department;
(2) may promulgate regulations hereunder; and
(3) shall have such functions, including the authority to make
contracts, grants, and cooperative agreements, and to enter into agreements
with other executive agencies, as may be necessary and proper to carry out
his responsibilities under this Act or otherwise provided by law.
SEC. 103. OTHER OFFICERS.
(a) DEPUTY SECRETARY; UNDER SECRETARIES- To assist the Secretary in the
performance of his functions, there are the following officers, appointed by
the President, by and with the advice and consent of the Senate:
(1) A Deputy Secretary of Homeland Security, who shall be the
Secretary's first assistant for purposes of chapter 33, subchapter 3, of
title 5, United States Code.
(2) An Under Secretary for Information Analysis and Infrastructure
Protection.
(3) An Under Secretary for Chemical, Biological, Radiological, and
Nuclear Countermeasures.
(4) An Under Secretary for Border and Transportation Security.
(5) An Under Secretary for Emergency Preparedness and Response.
(6) An Under Secretary for Management.
(7) Not more than six Assistant Secretaries.
(b) INSPECTOR GENERAL- To assist the Secretary in the performance of his
functions, there is an Inspector General, who shall be appointed as provided
in section 3(a) of the Inspector General Act of 1978.
(c) COMMANDANT OF THE COAST GUARD- To assist the Secretary in the
performance of his functions, there is a Commandant of the Coast Guard, who
shall be appointed as provided in section 44 of title 14, United States
Code.
(d) OTHER OFFICERS- To assist the Secretary in the performance of his
functions, there are the following officers, appointed by the President:
(1) A General Counsel, who shall be the chief legal officer of the
Department.
(2) Not more than ten Assistant Secretaries.
(3) A Director of the Secret Service.
(4) A Chief Financial Officer.
(5) A Chief Information Officer.
(e) PERFORMANCE OF SPECIFIC FUNCTIONS- Subject to the provisions of this
Act, every officer of the department shall perform the functions specified by
law for his office or prescribed by the Secretary.
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE
PROTECTION
SEC. 201. UNDER SECRETARY FOR INFORMATION ANALYSIS AND INFRASTRUCTURE
PROTECTION.
In assisting the Secretary with the responsibilities specified in section
101(b)(2)(A), the primary responsibilities of the Under Secretary for
Information Analysis and Infrastructure Protection shall include--
(1) receiving and analyzing law enforcement information, intelligence,
and other information in order to understand the nature and scope of the
terrorist threat to the American homeland and to detect and identify
potential threats of terrorism within the United States;
(2) comprehensively assessing the vulnerabilities of the key resources
and critical infrastructures in the United States;
(3) integrating relevant information, intelligence analyses, and
vulnerability assessments (whether such information, analyses, or
assessments are provided or produced by the Department or others) to
identify protective priorities and support protective measures by the
Department, by other executive agencies, by State and local government
personnel, agencies, and authorities, by the private sector, and by other
entities;
(4) developing a comprehensive national plan for securing the key
resources and critical infrastructures in the United States;
(5) taking or seeking to effect necessary measures to protect the key
resources and critical infrastructures in the United States, in coordination
with other executive agencies and in cooperation with State and local
government personnel, agencies, and authorities, the private sector, and
other entities;
(6) administering the Homeland Security Advisory System, exercising
primary responsibility for public threat advisories, and (in coordination
with other executive agencies) providing specific warning information to
State and local government personnel, agencies, and authorities, the private
sector, other entities, and the public, as well as advice about appropriate
protective actions and countermeasures; and
(7) reviewing, analyzing, and making recommendations for improvements in
the policies and procedures governing the sharing of law enforcement,
intelligence, and other information relating to homeland security within the
Federal Government and between such government and State and local
government personnel, agencies, and authorities.
SEC. 202. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred to the Secretary
the functions, personnel, assets, and liabilities of the following
entities--
(1) the National Infrastructure Protection Center of the Federal Bureau
of Investigation (other than the Computer Investigations and Operations
Section), including the functions of the Attorney General relating
thereto;
(2) the National Communications System of the Department of Defense,
including the functions of the Secretary of Defense relating thereto;
(3) the Critical Infrastructure Assurance Office of the Department of
Commerce, including the functions of the Secretary of Commerce relating
thereto;
(4) the Computer Security Division of the National Institute of
Standards and Technology, including the functions of the Secretary of
Commerce relating thereto;
(5) the National Infrastructure Simulation and Analysis Center of the
Department of Energy, including the functions of the Secretary of Energy
relating thereto; and
(6) the Federal Computer Incident Response Center of the General
Services Administration, including the functions of the Administrator of
General Services relating thereto.
SEC. 203. ACCESS TO INFORMATION.
The Secretary shall have access to all reports, assessments, and
analytical information relating to threats of terrorism in the United States
and to other areas of responsibility described in section 101(b), and to all
information concerning infrastructure or other vulnerabilities of the United
States to terrorism, whether or not such information has been analyzed, that
may be collected, possessed, or prepared by any executive agency, except as
otherwise directed by the President. The Secretary shall also have access to
other information relating to the foregoing matters that may be collected,
possessed, or prepared by an executive agency, as the President may further
provide. With respect to the material to which the Secretary has access under
this section--
(1) the Secretary may obtain such material by request, and may enter
into cooperative arrangements with other executive agencies to share such
material on a regular or routine basis, including requests or arrangements
involving broad categories of material;
(2) regardless of whether the Secretary has made any request or entered
into any cooperative arrangement pursuant to paragraph (1), all executive
agencies promptly shall provide to the Secretary--
(A) all reports, assessments, and analytical information relating to
threats of terrorism in the United States and to other areas of
responsibility described in section 101(b);
(B) all information concerning infrastructure or other vulnerabilities
of the United States to terrorism, whether or not such information has
been analyzed;
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