States that the primary mission of DHS is to: (1) prevent terrorist attacks within the United States; (2) reduce the vulnerability of the United States to terrorism; and (3) minimize the damage, and assist in the recovery, from terrorist attacks that occur within the United States. Includes as DHS's primary responsibilities: (1) information analysis and infrastructure protection; (2) chemical, biological, radiological, nuclear, and related countermeasures; (3) border and transportation security; (4) emergency preparedness and response; and (5) 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.
Creates: (1) a Deputy Secretary of Homeland Security, who shall be the Secretary's first assistant for purposes of details; (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; and (7) not more than six Assistant Secretaries. Establishes an Inspector General (to be appointed under the Inspector General Act of 1978), and requires the Commandant of the Coast Guard and the Director of the Secret Service as well, to assist the Secretary in the performance of his functions.
Transfers to the Secretary the functions, personnel, assets, and liabilities of specified entities, including: (1) the National Communications System of the Department of Defense; (2) the select agent registration enforcement programs and activities of the Department of Health and Human Services (HHS); (3) the Plum Island Animal Disease Center of the Department of Agriculture (DOA); (4) certain programs and activities of the Department of Energy, such as those specified for Lawrence Livermore National Laboratory; (5) the United States Customs Service of the Department of the Treasury (DOT); (6) the Immigration and Naturalization Service of the Department of Justice (DOJ); (7) DOA's Animal and Plant Health Inspection Service; (8) the Coast Guard; (9) DOT's Transportation Security Administration; (10) the Federal Protective Service of the General Services Administration; (11) the Federal Emergency Management Agency; (12) the National Domestic Preparedness Office of the Federal Bureau of Investigation; (13) HHS' Office of the Assistant Secretary for Public Health Emergency Preparedness; (14) HHS' Strategic National Stockpile; and (15) the United States Secret Service.
Authorizes the Secretary to establish a human resources management system for DHS.
Establishes in the Department of Defense a National Bio-Weapons Defense Analysis Center.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2794 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2794
To establish a Department of Homeland Security, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2002
Mr. Gramm (for himself, Mr. Miller, and Mr. McConnell) introduced the
following bill; which was read twice and referred to the Committee on
Governmental Affairs
_______________________________________________________________________
A BILL
To establish a 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.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Construction; severability.
Sec. 4. Effective date.
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.
Sec. 403. Visa issuance.
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. 504. Definition.
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. 801. Definitions.
Sec. 802. Transfer of agencies.
Sec. 803. Transitional authorities.
Sec. 804. Savings provisions.
Sec. 805. Terminations.
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. 904. Coast Guard.
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) 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)(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)(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) 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) 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) 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) 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) 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) 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;
(C) all information relating to significant and
credible threats of terrorism in the United States,
whether or not such information has been analyzed, if
the President has provided that the Secretary shall
have access to such information; and
(D) such other material as the President may
further provide; and
(3) the Secretary shall ensure that any material received
pursuant to this section is protected from unauthorized
disclosure and handled and used only for the performance of
official duties, and that any intelligence information shared
under this section shall be transmitted, retained, and
disseminated consistent with the authority of the Director of
Central Intelligence to protect intelligence sources and
methods under the National Security Act and related procedures
or, as appropriate, similar authorities of the Attorney General
concerning sensitive law enforcement information.
SEC. 204. INFORMATION VOLUNTARILY PROVIDED.
Information provided voluntarily by non-Federal entities or
individuals that relates to infrastructure vulnerabilities or other
vulnerabilities to terrorism and is or has been in the possession of
the Department shall not be subject to section 552 of title 5, United
States Code.
TITLE III--CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR
COUNTERMEASURES
SEC. 301. UNDER SECRETARY FOR CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND
NUCLEAR COUNTERMEASURES.
In assisting the Secretary with the responsibilities specified in
section 101(b)(2)(B), the primary responsibilities of the Under
Secretary for Chemical, Biological, Radiological, and Nuclear
Countermeasures shall include--
(1) securing the people, infrastructures, property,
resources, and systems in the United States from acts of
terrorism involving chemical, biological, radiological, or
nuclear weapons or other emerging threats;
(2) conducting a national scientific research and
development program to support the mission of the Department,
including developing national policy for and coordinating the
Federal Government's civilian efforts to identify, devise, and
implement scientific, technological, and other countermeasures
to chemical, biological, radiological, nuclear, and
other emerging terrorist threats, including directing, funding, and
conducting research and development relating to the same;
(3) establishing priorities for, directing, funding, and
conducting national research, development, and procurement of
technology and systems--
(A) for preventing the importation of chemical,
biological, radiological, nuclear, and related weapons
and material; and
(B) for detecting, preventing, protecting against,
and responding to terrorist attacks that involve such
weapons or material; and
(4) establishing guidelines for State and local government
efforts to develop and implement countermeasures to threats of
chemical, biological, radiological, and nuclear terrorism, and
other emerging terrorist threats.
SEC. 302. 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 select agent registration enforcement programs and
activities of the Department of Health and Human Services,
including the functions of the Secretary of Health and Human
Services relating thereto;
(2) the following programs and activities of the Department
of Energy, including the functions of the Secretary of Energy
relating thereto (but not including programs and activities
relating to the strategic nuclear defense posture of the United
States):
(A) the chemical and biological national security
and supporting programs and activities of the non-
proliferation and verification research and development
program;
(B) the nuclear smuggling programs and activities,
and other programs and activities directly related to
homeland security, within the proliferation detection
program of the non-proliferation and verification
research and development program: provided, That the
programs and activities described in this subparagraph
may be designated by the President either for transfer
to the Department or for joint operation by the
Secretary and the Secretary of Energy;
(C) the nuclear assessment program and activities
of the assessment, detection, and cooperation program
of the international materials protection and
cooperation program;
(D) the energy security and assurance program and
activities;
(E) such life sciences activities of the biological
and environmental research program related to microbial
pathogens as may be designated by the President for
transfer to the Department;
(F) the Environmental Measurements Laboratory; and
(G) the advanced scientific computing research
program and activities, and the intelligence program
and activities, at Lawrence Livermore National
Laboratory;
(3) the National Bio-Weapons Defense Analysis Center of the
Department of Defense, including the functions of the Secretary
of Defense related thereto; and
(4) the Plum Island Animal Disease Center of the Department
of Agriculture, including the functions of the Secretary of
Agriculture relating thereto.
SEC. 303. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES.
(a)(1) Except as the President may otherwise direct, the Secretary
shall carry out his civilian human health-related biological,
biomedical, and infectious disease defense research and development
(including vaccine research and development) responsibilities through
the Department of Health and Human Services (including the Public
Health Service), under agreements with the Secretary of Health and
Human Services, and may transfer funds to him in connection with such
agreements.
(2) With respect to any responsibilities carried out through the
Department of Health and Human Services under this subsection, the
Secretary, in consultation with the Secretary of Health and Human
Services, shall have the authority to establish the research and
development program, including the setting of priorities.
(b) With respect to such other research and development
responsibilities under this title, including health-related chemical,
radiological, and nuclear defense research and development
responsibilities, as he may elect to carry out through the Department
of Health and Human Services (including the Public Health Service)
(under agreements with the Secretary of Health and Human Services) or
through other Federal agencies (under agreements with their respective
heads), the Secretary may transfer funds to the Secretary of Health and
Human Services, or to such heads, as the case may be.
SEC. 304. MILITARY ACTIVITIES.
Except as specifically provided in this Act, nothing in this Act
shall confer upon the Secretary any authority to engage in warfighting,
the military defense of the United States, or other traditional
military activities.
TITLE IV--BORDER AND TRANSPORTATION SECURITY
SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY.
In assisting the Secretary with the responsibilities specified in
section 101(b)(2)(C), the primary responsibilities of the Under
Secretary for Border and Transportation Security shall include--
(1) preventing the entry of terrorists and the instruments
of terrorism into the United States;
(2) 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;
(3) administering the immigration and naturalization laws
of the United States, including the establishment of rules, in
accordance with section 403, governing the granting of visas
or other forms of permission, including parole, to enter the United
States to individuals who are not citizens or lawful permanent
residents thereof;
(4) administering the customs laws of the United States;
and
(5) in carrying out the foregoing responsibilities,
ensuring the speedy, orderly, and efficient flow of lawful
traffic and commerce.
SEC. 402. 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 United States Customs Service of the Department of
the Treasury, including the functions of the Secretary of the
Treasury relating thereto;
(2) the Immigration and Naturalization Service of the
Department of Justice, including the functions of the Attorney
General relating thereto;
(3) the Animal and Plant Health Inspection Service of the
Department of Agriculture, including the functions of the
Secretary of Agriculture relating thereto;
(4) the Coast Guard of the Department of Transportation,
which shall be maintained as a distinct entity within the
Department, including the functions of the Secretary of
Transportation relating thereto;
(5) the Transportation Security Administration of the
Department of Transportation, including the functions of the
Secretary of Transportation, and of the Under Secretary of
Transportation for Security, relating thereto; and
(6) the Federal Protective Service of the General Services
Administration, including the functions of the Administrator of
General Services relating thereto.
SEC. 403. VISA ISSUANCE.
(a) Notwithstanding the provisions of section 104 of the
Immigration and Nationality Act (8 U.S.C. 1104) or any other law, and
except as provided in subsection (b) of this section, the Secretary
shall have--
(1) exclusive authority, through the Secretary of State, to
issue regulations with respect to, administer, and enforce the
provisions of that Act and all other immigration and
nationality laws relating to the functions of diplomatic and
consular officers of the United States in connection with the
granting or refusal of visas; and
(2) authority to confer or impose upon any officer or
employee of the United States, with the consent of the
executive agency under whose jurisdiction such officer or
employee is serving, any of the functions specified in
paragraph (1).
(b) The Secretary of State may refuse a visa to an alien if the
Secretary of State deems such refusal necessary or advisable in the
interests of the United States.
TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE
SEC. 501. UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND RESPONSE.
In assisting the Secretary with the responsibilities specified in
section 101(b)(2)(D), the primary responsibilities of the Under
Secretary for Emergency Preparedness and Response shall include--
(1) helping to ensure the preparedness of emergency
response providers for terrorist attacks, major disasters, and
other emergencies;
(2) with respect to the Nuclear Incident Response Team
(regardless of whether it is operating as an organizational
unit of the Department pursuant to this title)--
(A) establishing standards and certifying when
those standards have been met;
(B) conducting joint and other exercises and
training and evaluating performance; and
(C) providing funds to the Department of Energy and
the Environmental Protection Agency, as appropriate,
for homeland security planning, exercises and training,
and equipment;
(3) providing the Federal Government's response to
terrorist attacks and major disasters, including--
(A) managing such response;
(B) directing the Domestic Emergency Support Team,
the Strategic National Stockpile, the National Disaster
Medical System, and(when operating as an organizational
unit of the Department pursuant to this title) the
Nuclear Incident Response Team;
(C) overseeing the Metropolitan Medical Response
System; and
(D) coordinating other Federal response resources
in the event of a terrorist attack or major disaster;
(4) aiding the recovery from terrorist attacks and major
disasters;
(5) building a comprehensive national incident management
system with Federal, State, and local government personnel,
agencies, and authorities, to respond to such attacks and
disasters;
(6) consolidating existing Federal Government emergency
response plans into a single, coordinated national response
plan; and
(7) developing comprehensive programs for developing
interoperative communications technology, and helping to ensure
that emergency response providers acquire such technology.
SEC. 502. 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 Federal Emergency Management Agency, including the
functions of the Director of the Federal Emergency Management
Agency relating thereto;
(2) the Office for Domestic Preparedness of the Office of
Justice Programs, including the functions of the Attorney
General relating thereto;
(3) the National Domestic Preparedness Office of the
Federal Bureau of Investigation, including the functions of the
Attorney General relating thereto;
(4) the Domestic Emergency Support Teams of the Department
of Justice, including the functions of the Attorney General
relating thereto;
(5) the Office of the Assistant Secretary for Public Health
Emergency Preparedness (including the Office of Emergency
Preparedness, the National Disaster Medical System, and the
Metropolitan Medical Response System) of the Department of
Health and Human Services, including the functions of the
Secretary of Health and Human Services relating thereto; and
(6) the Strategic National Stockpile of the Department of
Health and Human Services, including the functions of the
Secretary of Health and Human Services relating thereto.
SEC. 503. NUCLEAR INCIDENT RESPONSE.
(a) At the direction of the Secretary (in connection with an actual
or threatened terrorist attack, major disaster, or other emergency),
the Nuclear Incident Response Team shall operate as an organizational
unit of the Department. While so operating, the Nuclear Incident
Response Team shall be subject to the direction, authority, and control
of the Secretary.
(b) Nothing in this title shall be understood to limit the ordinary
responsibility of the Secretary of Energy and the Administrator of the
Environmental Protection Agency for organizing, training, equipping,
and utilizing their respective entities in the Nuclear Incident
Response Team, or (subject to the provisions of this title) from
exercising direction, authority, and control over them when they are
not operating as a unit of the Department.
SEC. 504. DEFINITION.
For purposes of this title, ``nuclear incident response team''
means a resource that includes--
(1) those entities of the Department of Energy that perform
nuclear and/or radiological emergency support functions
(including accident response, search response, advisory, and
technical operations functions), radiation exposure functions
at the medical assistance facility known as Oak Ridge National
Laboratory, radiological assistance functions, and related
functions; and
(2) those entities of the Environmental Protection Agency
that perform such support functions (including radiological
emergency response functions) and related functions.
SEC. 505. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES.
(a) Except as the President may otherwise direct, the Secretary
shall carry out the following responsibilities through the Department
of Health and Human Services (including the Public Health Service),
under agreements with the Secretary of Health and Human Services, and
may transfer funds to him in connection with such agreements--
(1) all biological, chemical, radiological, and nuclear
preparedness-related construction, renovation, and enhancement
of security for research and development or other facilities
owned or occupied by the Department of Health and Human
Services; and
(2) all public health-related activities being carried out
by the Department of Health and Human Services on the effective
date of this Act (other than activities under functions
transferred by this Act to the Department) to assist State and
local government personnel, agencies, or authorities, non-
Federal public and private health care facilities and
providers, and public and non-profit health and educational
facilities, to plan, prepare for, prevent, identify, and
respond to biological, chemical, radiological, and nuclear
events and public health emergencies, by means including direct
services, technical assistance, communications and
surveillance, education and training activities, and grants.
(b) With respect to any responsibilities carried out through the
Department of Health and Human Services under this section, the
Secretary, in consultation with the Secretary of Health and Human
Services, shall have the authority to establish the preparedness and
response program, including the setting of priorities.
TITLE VI--MANAGEMENT
SEC. 601. UNDER SECRETARY FOR MANAGEMENT.
In assisting the Secretary with the management and administration
of the Department, the primary responsibilities of the Under Secretary
for Management shall include, for the Department--
(1) the budget, appropriations, expenditures of funds,
accounting, and finance;
(2) procurement;
(3) human resources and personnel;
(4) information technology and communications systems;
(5) facilities, property, equipment, and other material
resources;
(6) security for personnel, information technology and
communications systems, facilities, property, equipment, and
other material resources; and
(7) identification and tracking of performance measures
relating to the responsibilities of the Department.
SEC. 602. CHIEF FINANCIAL OFFICER.
The Chief Financial Officer shall report to the Secretary, or to
another official of the Department, as the Secretary may direct.
SEC. 603. CHIEF INFORMATION OFFICER.
The Chief Information Officer shall report to the Secretary, or to
another official of the Department, as the Secretary may direct.
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.
In discharging his responsibilities relating to coordination
(including the provision of training and equipment) with State and
local government personnel, agencies, and authorities, with the private
sector, and with other entities, the responsibilities of the Secretary
shall include--
(1) coordinating with State and local government personnel,
agencies, and authorities, and with the private sector, to
ensure adequate planning, equipment, training, and exercise
activities;
(2) coordinating and, as appropriate, consolidating, the
Federal Government's communications and systems of
communications relating to homeland security with State and
local government personnel, agencies, and authorities, the
private sector, other entities, and the public;
(3) directing and supervising grant programs of the Federal
Government for State and local government emergency response
providers; and
(4) distributing or, as appropriate, coordinating the
distribution of, warnings and information to State and local
government personnel, agencies, and authorities and to the
public.
Subtitle B--Inspector General
SEC. 710. AUTHORITY OF THE SECRETARY.
(a) Notwithstanding the last two sentences of section 3(a) of the
Inspector General Act of 1978, the Inspector General shall be under the
authority, direction, and control of the Secretary with respect to
audits or investigations, or the issuance of subpoenas, that require
access to information concerning--
(1) intelligence, counterintelligence, or counterterrorism
matters;
(2) ongoing criminal investigations or proceedings;
(3) undercover operations;
(4) the identity of confidential sources, including
protected witnesses;
(5) other matters the disclosure of which would, in the
Secretary's judgment, constitute a serious threat to the
protection of any person or property authorized protection by
section 3056 of title 18, United States Code, section 202 of
title 3 of such Code, or any provision of the Presidential
Protection Assistance Act of 1976; or
(6) other matters the disclosure of which would, in the
Secretary's judgment, constitute a serious threat to national
security.
(b) With respect to the information described in subsection (a),
the Secretary may prohibit the Inspector General from carrying out or
completing any audit or investigation, or from issuing any subpoena,
after such Inspector General has decided to initiate, carry out, or
complete such audit or investigation or to issue such subpoena, if the
Secretary determines that such prohibition is necessary to prevent the
disclosure of any information described in subsection (a), to preserve
the national security, or to prevent a significant impairment to the
interests of the United States.
(c) The Secretary shall notify the President of the Senate and the
Speaker of the House of Representatives within thirty days of any
exercise of his authority under this section.
Subtitle C--United States Secret Service
SEC. 720. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be transferred to the
Secretary the functions, personnel, assets, and liabilities of the
United States Secret Service, which shall be maintained as a distinct
entity within the Department, including the functions of the Secretary
of the Treasury relating thereto.
Subtitle D--General Provisions
SEC. 730. ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT SYSTEM.
Title 5, United States Code, is amended by inserting--
(1) after part III a new part as follows:
``PART IV--DEPARTMENT OF HOMELAND SECURITY
``CHAPTER 100
``Sec.
``10001. Human Resources Management System.
``Sec. 10001. Human Resources Management System
``Notwithstanding any other provision of this title, the Secretary
of Homeland Security may, in regulations prescribed jointly with the
Director of the Office of Personnel Management, establish, and from
time to time adjust, a human resources management system for some or
all of the organizational units of the Department of Homeland Security,
which shall be flexible, contemporary, and grounded in the public
employment principles of merit and fitness.''; and
(2) the following after the matter relating to part III in
the analysis:
``Part IV--Department of Homeland Security
``1. Human Resources Management System..................... 10001''.
SEC. 731. ADVISORY COMMITTEES.
The Secretary may establish, appoint members of, and use the
services of, advisory committees, as he may deem necessary. The service
of an individual as a member of an advisory committee established under
this paragraph shall not be considered to be service bringing him
within the provisions of sections 203, 205, or 207 of title 18, United
States Code, unless his act, which by any such section is made unlawful
when performed by an individual referred to therein, is with respect to
any particular matter that directly involves the Department or in which
the Department is directly interested. An advisory committee
established under this section shall not be subject to Public Law 92-
463, but the Secretary shall publish notice in the Federal Register
announcing the establishment of such a committee and identifying its
purpose and membership.
SEC. 732. ACQUISITIONS; PROPERTY.
(a)(1) When the Secretary carries out basic, applied, and advanced
research and development projects, he may exercise the same authority
(subject to the same limitations and conditions) with respect to such
research and projects as the Secretary of Defense may exercise under
section 2371 of title 10, United States Code (except for subsections
(b) and (f)), after making a determination that the use of a contract,
grant, or cooperative agreement for such project is not feasible or
appropriate. The annual report required under subsection (h) of such
section, as applied to the Secretary by this paragraph, shall be
submitted to the President of the Senate and the Speaker of the House
of Representatives.
(2) The Secretary may, under the authority of paragraph (1), carry
out prototype projects in accordance with the requirements and
conditions provided for carrying out prototype projects under section
845 of the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160). In applying the authorities of such section 845,
subsection (c) thereof shall apply with respect to prototype projects
under this paragraph, and the Secretary shall perform the functions of
the Secretary of Defense under subsection (d) thereof.
(b) Notwithstanding the time and pay limitations of section 3109 of
title 5, United States Code, the Secretary may procure personal
services, including the services of experts and consultants (or
organizations thereof).
(c) Section 602 of the Act of June 30, 1949 (40 U.S.C. 474) is
amended by replacing ``; or (21)'' with ``; (21) the Department of
Homeland Security; or (22)''.
(d) Notwithstanding any other provision of law, the Secretary, in
accordance with regulations prescribed jointly with the Administrator
of General Services and the Director of the Office of Management and
Budget--
(1) may acquire replacement real property (including
interests therein)--
(A) by transfer or exchange of the Department's
property with other executive agencies; or
(B) by sale to or exchange of the Department's
property with non-Federal parties;
(2) by lease, permit, license, or other similar instrument,
may make available to other executive agencies and to non-
Federal parties, on a fair market rental value basis, the
unexpired portion of any government lease for real property
occupied or possessed by the Department;
(3) may make available by outlease agreements with other
executive agencies or with non-Federal parties, any unused or
underused portion of or interest in any real or related
personal property occupied or possessed by the Department; and
(4) may deposit the proceeds of any exercise of the
authority granted by this subsection into any account in the
Treasury available to him, without regard to fiscal year
limitations.
(e) Upon the written request of the Secretary, the Administrator of
General Services shall delegate to him all responsibilities and
authorities provided by law to the Administrator for the care and
handling of the Department's surplus real and related personal
property, pending its disposition, and for the disposal of such
property.
(f) Notwithstanding any other provision of law, the Secretary may
retain, from the proceeds of the sale of personal property, amounts
necessary to recover, to the extent practicable, the full costs (direct
and indirect) incurred by the Secretary in disposing of such property,
including but not limited to the costs of warehousing, storage,
environmental services, advertising, appraisal, and transportation.
Such amounts shall be deposited into an account available for such
expenses without regard to fiscal year limitations.
SEC. 733. REORGANIZATION; TRANSFER.
(a) The Secretary is authorized to allocate or reallocate functions
among the officers of the Department, and to establish, consolidate,
alter, or discontinue such organizational units within the Department,
as he may deem necessary or appropriate, but such authority does not
extend to--
(1) any entity transferred to the Department and
established by statute, or any function vested by statute in
such an entity or officer of such an entity, unless not less
than ninety days' notice has been given to the President of the
Senate and Speaker of the House of Representatives; or
(2) the abolition of any entity established or required to
be maintained as a distinct entity by this Act.
(b) Except as otherwise specifically provided by law, not to exceed
five percent of any appropriation available to the Secretary in any
fiscal year may be transferred between such appropriations: provided,
That not less than fifteen days' notice shall be given to the
Committees on Appropriations of the Senate and House of Representatives
before any such transfer is made.
SEC. 734. MISCELLANEOUS PROVISIONS.
(a) The Department shall have a seal, whose design is subject to
the approval of the President.
(b) With respect to the Department, the Secretary shall have the
same authorities that the Attorney General has with respect to the
Department of Justice under section 524(d) of title 28, United States
Code.
(c) With respect to the Department, the Secretary shall have the
same authorities that the Secretary of Transportation has with respect
to the Department of Transportation under section 324 of title 49,
United States Code.
(d) Unless otherwise provided in the delegation or by law, any
function delegated under this Act may be redelegated to any
subordinate.
SEC. 735. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
TITLE VIII--TRANSITION
SEC. 801. DEFINITIONS.
For purposes of this title--
(1) the term ``agency'' includes any entity, organizational
unit, or function; and
(2) the term ``transition period'' means the 12-month
period beginning on the effective date of this Act.
SEC. 802. TRANSFER OF AGENCIES.
The transfer of an agency to the Department shall occur when the
President so directs, but in no event later than the end of the
transition period. When an agency is transferred, the President may
also transfer to the Department any agency established to carry out or
support adjudicatory or review functions in relation to the agency.
SEC. 803. TRANSITIONAL AUTHORITIES.
(a) Until the transfer of an agency to the Department, any official
having authority over or functions relating to the agency immediately
before the effective date of this Act shall provide to the Secretary
such assistance, including the use of personnel and assets, as he may
request in preparing for the transfer and integration of the agency
into the Department.
(b) During the transition period, upon the request of the
Secretary, the head of any executive agency may, on a reimbursable or
nonreimbursable basis, provide services and/or detail personnel to
assist with the transition.
(c) Until the transfer of an agency to the Department, the
President is authorized to transfer to the Secretary not to exceed five
percent of the unobligated balance of any appropriation available to
such agency, to fund the purposes authorized in this Act: Provided,
That not less than 15 days' notice shall be given to the Committees on
Appropriations of the Senate and House of Representatives before any
such funds transfer is made.
(d)(1) During the transition period, pending the advice and consent
of the Senate to the appointment of an officer required by this Act to
be appointed by and with such advice and consent, the President may
designate any officer whose appointment was required to be made by and
with such advice and consent and who was such an officer immediately
before the effective date of this Act (and who continues in office) or
immediately before such designation, to act in such office until the
same is filled as provided in this Act; while so acting, such officers
shall receive compensation at the higher of--
(A) the rates provided by this Act for the respective
offices in which they act; or
(B) the rates provided for the offices held at the time of
designation.
(2) Nothing in this Act shall be understood to require the advice
and consent of the Senate to the appointment by the President to a
position in the Department of any officer whose agency is transferred
to the Department pursuant to this Act and whose duties following such
transfer are germane to those performed before such transfer.
(e) Upon the transfer of an agency to the Department--
(1) the personnel, assets, and liabilities held by or
available in connection with the agency shall be transferred to
the Secretary for appropriate allocation, subject to the
approval of the Director of the Office of Management and Budget
and notwithstanding the provisions of section 1531(a)(2) of
title 31, United States Code; and
(2) the Secretary shall have all functions relating to the
agency that any other official could by law exercise in
relation to the agency immediately before such transfer, and
shall have in addition all functions vested in the Secretary by
this Act or other law.
SEC. 804. SAVINGS PROVISIONS.
(a)(1) Completed administrative actions of an agency shall not be
affected by the enactment of this Act or the transfer of such agency to
the Department, but shall continue in effect according to their terms
until amended, modified, superseded, terminated, set aside, or revoked
in accordance with law by an officer of the United States or a court of
competent jurisdiction, or by operation of law.
(2) For purposes of paragraph (1), the term ``completed
administrative action'' includes orders, determinations, rules,
regulations, personnel actions, permits, agreements, grants, contracts,
certificates, licenses, registrations, and privileges.
(b) Subject to the authority of the Secretary under this Act--
(1) pending proceedings in an agency, including notices of
proposed rulemaking, and applications for licenses, permits,
certificates, grants, and financial assistance, shall continue
notwithstanding the enactment of this Act or the transfer of
the agency to the Department, unless discontinued or modified
under the same terms and conditions and to the same extent that
such discontinuance could have occurred if such enactment or
transfer had not occurred; and
(2) orders issued in such proceedings, and appeals
therefrom, and payments made pursuant to such orders, shall
issue in the same manner and on the same terms as if this Act
had not been enacted or the agency had not been transferred,
and any such orders shall continue in effect until amended,
modified, superseded, terminated, set aside, or revoked by an
officer of the United States or a court of competent
jurisdiction, or by operation of law.
(c) Subject to the authority of the Secretary under this Act,
pending civil actions shall continue notwithstanding the enactment of
this Act or the transfer of an agency to the Department, and in such
civil actions, proceedings shall be had, appeals taken, and judgments
rendered and enforced in the same manner and with the same effect as if
such enactment or transfer had not occurred.
(d) References relating to an agency that is transferred to the
Department in statutes, Executive orders, rules, regulations,
directives, or delegations of authority that precede such transfer or
the effective date of this Act shall be deemed to refer, as
appropriate, to the Department, to its officers, employees, or agents,
or to its corresponding organizational units or functions. Statutory
reporting requirements that applied in relation to such an agency
immediately before the effective date of this Act shall continue to
apply following such transfer if they refer to the agency by name.
(e)(1) Notwithstanding the generality of the foregoing (including
subsections (a) and (d)), in and for the Department the Secretary may,
in regulations prescribed jointly with the Director of the Office of
Personnel Management, adopt the rules, procedures, terms, and
conditions, established by statute, rule, or regulation before the
effective date of this Act, relating to employment in any agency
transferred to the Department pursuant to this Act; and
(2) except as otherwise provided in this Act, or under
authority granted by this Act, the transfer pursuant to this
Act of personnel shall not alter the terms and conditions of
employment, including compensation, of any employee so
transferred.
SEC. 805. TERMINATIONS.
Except as otherwise provided in this Act, whenever all the
functions vested by law in any agency have been transferred pursuant to
this Act, each position and office the incumbent of which was
authorized to receive compensation at the rates prescribed for an
office or position at level II, III, IV, or V, of the Executive
Schedule, shall terminate.
SEC. 806. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in
consultation with the Secretary, is authorized and directed to make
such additional incidental dispositions of personnel, assets, and
liabilities held, used, arising from, available, or to be made
available, in connection with the functions transferred by this Act, as
he may deem necessary to accomplish the purposes of this Act.
TITLE IX--CONFORMING AND TECHNICAL AMENDMENTS
SEC. 901. INSPECTOR GENERAL ACT.
Section 11 of the Inspector General Act of 1978 (Public Law 95-452)
is amended by--
(1) inserting ``Homeland Security,'' after
``Transportation,'' each place it appears;
(2) replacing ``; and'' each place it appears with ``;'';
(3) replacing ``,,'' with ``,''; and
(4) replacing ``;;'' with ``;''.
SEC. 902. EXECUTIVE SCHEDULE.
Title 5, United States Code, is amended--
(1) in section 5312, by inserting ``Secretary of Homeland
Security.'' as a new item after ``Affairs.'';
(2) in section 5313, by inserting ``Deputy Secretary of
Homeland Security.'' as a new item after ``Affairs.'';
(3) in section 5314, by inserting ``Under Secretaries,
Department of Homeland Security.'' as a new item after
``Affairs.'' the third place it appears;
(4) in section 5315, by inserting ``Assistant Secretaries,
Department of Homeland Security.'', ``General Counsel,
Department of Homeland Security.'', ``Chief Financial Officer,
Department of Homeland Security.'', ``Chief Information
Officer, Department of Homeland Security.'', and ``Inspector
General, Department of Homeland Security.'' as new items after
``Affairs.'' the first place it appears.
SEC. 903. UNITED STATES SECRET SERVICE.
(a) The United States Code is amended in sections 202 and 208 of
title 3, and in section 3056 of title 18, by replacing ``of the
Treasury'', each place it appears, with ``of Homeland Security''.
(b) The amendments made by this section shall take effect on the
date of transfer of the United States Secret Service to the Department.
SEC. 904. COAST GUARD.
(a) Title 14 of the United States Code is amended--
(1) in sections 1, 3, 53, 95, 145, 516, 666, 669, 673 (as
added by Public Law 104-201), 673 (as added by Public Law 104-
324), 674, 687, and 688, by replacing ``of Transportation'',
each place it appears, with ``of Homeland Security''; and
(2) after executing the other amendments required by this
subsection, by redesignating the section 673 added by Public
Law 104-324 as section 673a.
(b) Section 801(1) of title 10, United States Code, is amended by
replacing ``the General Counsel of the Department of Transportation''
with ``an official designated to serve as Judge Advocate General of the
Coast Guard by the Secretary of Homeland Security''.
(c) The amendments made by this section shall take effect on the
date of transfer of the Coast Guard to the Department.
SEC. 905. STRATEGIC NATIONAL STOCKPILE AND SMALLPOX VACCINE
DEVELOPMENT.
(a) The Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 is amended--
(1) in section 121(a)(1)--
(A) by replacing ``Secretary of Health and Human
Services'' with ``Secretary of Homeland Security'';
(B) by inserting ``the Secretary of Health and
Human Services and'' between ``in coordination with''
and ``the Secretary of Veterans Affairs''; and
(C) by inserting ``of Health and Human Services''
after ``as are determined by the Secretary''; and
(2) in subsections 121(a)(2) and (b), by inserting ``of
Health and Human Services'' after ``Secretary'' each place it
appears.
(b) The amendments made by this section shall take effect on the
date of transfer of the Strategic National Stockpile of the Department
of Health and Human Services to the Department.
SEC. 906. SELECT AGENT REGISTRATION.
(a) The Public Health Service Act is amended--
(1) in section 351A(a)(1)(A), by inserting ``(as defined in
subsection (l)(9))'' after ``Secretary'';
(2) in section 351A(h)(2)(A), by inserting ``Department of
Homeland Security, the'' before ``Department of Health and
Human Services'';
(3) in section 351A(l), by inserting after paragraph (8) a
new paragraph as follows:
``(9) The term `Secretary' means the Secretary of Homeland
Security, in consultation with the Secretary of Health and
Human Services.''; and
(4) in section 352A(i)--
(A) by striking ``(1)'' the first place it appears;
and
(B) by striking paragraph (2).
(b) Section 201(b) of the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002 is amended by replacing
``Secretary of Health and Human Services'' with ``Secretary of Homeland
Security''.
(c) The amendments made by this section shall take effect on the
date of transfer of the select agent registration enforcement programs
and activities of the Department of Health and Human Services to the
Department.
SEC. 907. NATIONAL BIO-WEAPONS DEFENSE ANALYSIS CENTER.
There is established in the Department of Defense a National Bio-
Weapons Defense Analysis Center, whose mission is to develop
countermeasures to potential attacks by terrorists using weapons of
mass destruction.
<all>
Introduced in Senate
Read twice and referred to the Committee on Governmental Affairs.
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