Congressional Record: May 2, 2002 (Senate)
Page S3844-S3881
By Mr. LIEBERMAN (for himself, Mr. Specter, and Mr. Graham):
S. 2452. A bill to establish the Department of National Homeland
Security and the National Office for Combating Terrorism; to the
Committee on Governmental Affairs.
Mr. LIEBERMAN. Mr. President, today I am pleased to introduce, with
Senators Specter and Graham, the National Homeland Security and
Combating Terrorism Act of 2002. This legislation seeks to strengthen
the Federal Government's ability to confront terrorism and other
threats to our homeland security.
Specifically, this legislation would create a new Department of
National Homeland Security to focus an array of agencies and programs
that are vital to securing our borders and critical infrastructure, and
to preparing for and responding to homeland threats. It also would
create a White House terrorism director to forge an effective strategy
to combat terrorism across the entire Federal Government. In addition
to the bill we introduce here, I am pleased to note that companion
legislation is being introduced today by Representatives Thornberry,
Harman, Tauscher and Gibbons.
The events of September 11 brought home to us the very real threat of
terrorism not only on foreign shores, but also here at home. Though the
pain of that day will stay in our hearts and minds forever, we now have
an opportunity to step back from that single most horrid event in our
modern history and take action to prevent something like it from ever
happening again.
It seems that nearly every day, the media or government investigators
expose a new crack in America's homeland defense foundation, at our
borders, our ports, or within our cyberspace. The fact is, without a
government that is permanently reoriented to meet unexpected challenges
here at home, new vulnerabilities will emerge. That's why we must
mobilize government so that it can quickly and effectively prevent
terrorist threats here at home and respond should the worst occur.
Our approach, combining a homeland security department with a White
House office for combating terrorism, addresses the need to permanently
restructure critical homeland security functions under a cabinet-level
secretary with real operational authority and the ability to personally
direct a homeland security plan. At the same time, we would allow for
the highest
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level of coordination with other Federal agencies--Health and Human
Services, the Defense Department, the Energy Department, for example,
and real budget certification authority.
Our proposal stems from a series of hearings I convened last fall as
chairman of the Governmental Affairs Committee. We held about a dozen
different sessions looking into various aspects of homeland security,
ranging from protection of our critical infrastructure to the state and
local role in protecting Americans at home. Those hearings confirmed
what experts and commissions had already warned us: that our government
is poorly prepared to deal with the threat of terrorism. Although the
government has an array of programs related to terrorism and
other homeland threats, these efforts are poorly coordinated and lack
overall strategic leadership. We need focused, accountable leadership
to forge these efforts into a cohesive homeland security program.
Among the witnesses we heard from were former Senators Warren Rudman
and Gary Hart, who co-chaired the so-called Hart-Rudman Commission on
National Security/21st Century. Guided by recommendations of that
Commission, Senator Specter and I introduced legislation to create a
Homeland Security Department. After negotiations through the winter
with Senator Graham, we combined our proposal with his idea of
conferring statutory authority on a White House terrorism office.
As our bill is written, the department will be led by a Cabinet
official with real line and budget authority over critical homeland
security programs. The new department will bring together under one
roof our key border security agencies, Coast Guard, Customs, INS law
enforcement, as well as the Federal Emergency Management Agency, which
is the cornerstone of our emergency preparation and response efforts.
The department will also include programs to protect our critical
infrastructure, and an office to promote research and development of
technologies vital to our homeland security. The new department will
provide state and local authorities with a clear resource and point of
contact to forge a truly national response to this problem.
Yet we recognize that, no matter how robust a department we create,
it can not include every agency that plays a role in homeland security,
which is why our legislation incorporates Senator Graham's proposal to
confer statutory authority on a White House office. That office--the
National Office for Combating Terrorism--would coordinate a national
anti-terrorism strategy. The office would be led by a presidentially-
appointed, Senate-confirmed director charged with coordinating a
comprehensive assessment of terrorist threats and, along with the
department secretary, developing a strategy and a budget to fight
terrorism here at home. The director would coordinate execution of the
strategy by relevant federal agencies--particularly those concerned
with intelligence and law enforcement.
Naturally, our new formation would require a major restructuring of
the Federal Government's public safety-related responsibilities. I know
this will not be easy. Machiavelli trenchantly observed ``there is
nothing more difficult to plan, more doubtful of success nor more
dangerous to manage than the creation of a new system.'' Within the
agencies, and within Congress as well, as Governor Ridge has already
discovered, there are powerful reflexes to protect administrative turf.
Bureaucracies are slow to change. Change is disruptive. It creates
uncertainty and it distorts existing balances of power.
But we must look at September 11 as an urgent reason to create
something better. A restructuring of the kind we envision is not
unprecedented. We have undertaken bold organizational change in periods
of crisis before. Consider General Marshall's transformation of the
army which helped win World War II or the National Security Act of 1947
that created the CIA and Department of Defense in the midst of the Cold
War. More recently, the Goldwater-Nichols Act of 1986, in streamlining
the military command, helped us to prosecute the Persian Gulf War.
The bottom line is if statutory and budget authority are not
conferred upon the director of homeland security, the homeland defense
of this nation will be less than what it should be. In the one area
where compromise can be catastrophic, this is an unacceptable
compromise.
Let's be motivated by the words of Winston Churchill, who in 1941
said to the Axis powers, ``You do your worst and we will do our best.''
We can tinker around the edges of change. Or, we can understand that
September 11 confirmed our worst fears: warfare has changed and we are
no longer safe at home. We are in a terrible, new era and we urgently
need a government that is invigorated and effectively organized to meet
the challenge.
I thank my colleagues and ask unanimous consent that the text of our
legislation be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2452
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 ``National
Homeland Security and Combating Terrorism Act of 2002''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--DEPARTMENT OF NATIONAL HOMELAND SECURITY
Sec. 101. Establishment of the Department of National Homeland
Security.
Sec. 102. Transfer of authorities, functions, personnel, and assets to
the Department.
Sec. 103. Establishment of directorates and office.
Sec. 104. Steering Group; Coordination Committee; and Acceleration
Fund.
Sec. 105. Reporting requirements.
Sec. 106. Planning, programming, and budgeting process.
Sec. 107. Environmental protection, safety, and health requirements.
Sec. 108. Savings provisions.
TITLE II--NATIONAL OFFICE FOR COMBATING TERRORISM
Sec. 201. National Office for Combating Terrorism.
Sec. 202. Funding for Strategy programs and activities.
TITLE III--NATIONAL STRATEGY FOR COMBATING TERRORISM AND THE HOMELAND
SECURITY RESPONSE
Sec. 301. Strategy.
Sec. 302. National Homeland Security Panel.
TITLE IV--EFFECTIVE DATE
Sec. 401. Effective Date.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--Except as provided under section 104, the
term ``Director'' means the Director of the National Office
for Combating Terrorism.
(2) Department.--The term ``Department'' means the
Department of National Homeland Security established under
title I.
(3) Federal terrorism prevention and response agency.--The
term ``Federal terrorism prevention and response agency''
means any Federal department or agency charged under the
Strategy with responsibilities for carrying out the Strategy.
(4) Office.--The term ``Office'' means the National Office
for Combating Terrorism established under title II.
(5) Secretary.--The term ``Secretary'' means the Secretary
of National Homeland Security.
(6) Strategy.--The term ``Strategy'' means the National
Strategy for Combating Terrorism and the Homeland Security
Response developed under this Act.
TITLE I--DEPARTMENT OF NATIONAL HOMELAND SECURITY
SEC. 101. ESTABLISHMENT OF THE DEPARTMENT OF NATIONAL
HOMELAND SECURITY.
(a) Establishment.--
(1) In general.--There is established the Department of
National Homeland Security.
(2) Executive department.--Section 101 of title 5, United
States Code, is amended by adding at the end the following:
``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) Responsibilities.--The responsibilities of the
Secretary shall be the following:
(A) To develop policies, goals, objectives, priorities, and
plans for the United States for the promotion of homeland
security.
(B) To develop, with the Director, a comprehensive strategy
in accordance with title III.
(C) Develop processes to integrate the elements and goals
of the Strategy into the strategies and plans of Federal,
State, and local departments and agencies, including
interagency and intergovernmental shared policies.
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(D) To evaluate the programs of the Federal Government
relating to homeland security that involve activities of
State and local governments as part of the Strategy.
(E) To advise the Director on the development of a
comprehensive annual budget for the programs and activities
under the Strategy, and have the responsibility for budget
recommendations relating to border security, critical
infrastructure protection, emergency preparation and
response, and State and local activities.
(F) To plan, coordinate, and integrate those United States
Government activities relating to border security, critical
infrastructure protection and emergency preparedness, and to
act as the focal point regarding natural and manmade crises
and emergency planning and response.
(G) To work and coordinate with State and local governments
and executive agencies in providing United States homeland
security, and to communicate with and support State and local
officials through the use of regional offices around the
Nation.
(H) To provide overall operational planning guidance to
executive agencies regarding United States homeland security.
(I) To conduct exercise and training programs for employees
of the Department and other involved agencies, 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.
(J) To annually develop a Federal response plan for
homeland security and emergency preparedness with regard to
terrorism and other manmade and natural disasters.
(K) To identify and promote technological innovation that
will enhance homeland security.
(L)(i) To develop and implement within the Department a
coordinating center with representatives from other Federal
departments or agencies with homeland security
responsibilities.
(ii) To designate departments and agencies to provide a
representative under clause (i) and require those departments
and agencies to furnish a representative on a permanent,
part-time, or as needed basis, as determined by the
Secretary.
(iii) To request additional personnel from appropriate
departments and agencies as may be necessary and coordinate
with those departments and agencies.
(iv) To request State and local authorities to provide
representatives to the coordination center.
(3) Executive schedule level i position.--Section 5312 of
title 5, United States Code, is amended by adding at the end
the following:
``Secretary of National Homeland Security.''.
(4) 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) Deputy Secretary of National Homeland Security.--
(1) In general.--There shall be in the Department a Deputy
Secretary of National Homeland Security, who shall be
appointed by the President, by and with the advice and
consent of the Senate.
(2) Responsibilities.--The Deputy Secretary of National
Homeland Security shall--
(A) assist the Secretary in the administration and
operations of the Department;
(B) perform such responsibilities as the Secretary shall
prescribe; and
(C) act as the Secretary during the absence or disability
of the Secretary or in the event of a vacancy in the office
of the Secretary.
(3) Executive schedule level ii position.--Section 5313 of
title 5, United States Code, is amended by adding at the end
the following:
``Deputy Secretary of National Homeland Security.''.
(d) Inspector General.--
(1) In general.--There shall be in the Department an
Inspector General for the Department. The Inspector General
and the Office of Inspector General shall be subject to the
Inspector General Act of 1978 (5 U.S.C. App.).
(2) Establishment.--Section 11 of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(A) in paragraph (1), by inserting ``National Homeland
Security,'' after ``Labor,''; and
(B) in paragraph (2), by inserting ``National Homeland
Security,'' after ``Labor,''.
(e) Director of the Coordinating Center.--
(1) In general.--There shall be in the Department a
Director of the Coordinating Center who shall report directly
to the Deputy Secretary. The Coordinating Center shall be
developed and implemented in accordance with subsection
(b)(2)(L).
(2) Responsibilities.--The Director of the Coordinating
Center shall be responsible for--
(A) ensuring that the law enforcement, immigration, and
intelligence databases information systems containing
information relevant to homeland security are compatible; and
(B) with respect to the functions under this paragraph,
ensuring compliance with Federal laws relating to privacy and
intelligence information.
SEC. 102. 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 10
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 law enforcement components of the Immigration and
Naturalization Service relating to Border Patrol,
Inspections, Investigations (interior enforcement),
Intelligence, Detention and Removal, and International
Affairs.
(4) The United States Coast Guard, which shall be
maintained as a distinct entity within the Department.
(5) The Critical Infrastructure Assurance Office of the
Department of Commerce.
(6) The National Infrastructure Protection Center and the
National Domestic Preparedness Office of the Federal Bureau
of Investigation.
(7) The Animal and Plant Health Inspection Service of the
Department of Agriculture, that portion of which administers
laws relating to agricultural quarantine inspections at
points of entry.
SEC. 103. ESTABLISHMENT OF DIRECTORATES AND OFFICE.
(a) Establishment of Directorates.--The following staff
directorates are established within the Department:
(1) Directorate of Border and Transportation Protection.--
The Directorate of Border and Transportation Protection,
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.
(D) Performing such other duties assigned by the Secretary.
(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 effective
date of this Act.
(H) Assuming the responsibilities carried out by the
National Infrastructure Protection Center before the
effective date of this Act.
(I) Performing such other duties assigned by the Secretary.
(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 effective date of this Act.
(B) Assuming the responsibilities carried out by the
National Domestic Preparedness Office before the effective
date 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.
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(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 operational 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, the Centers for Disease
Control, and other appropriate Federal departments and
agencies.
(J) Maintaining Federal asset databases and supporting up-
to-date State and local databases.
(K) Performing such other duties as assigned by the
Secretary.
(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. 104. STEERING GROUP; COORDINATION COMMITTEE; AND
ACCELERATION FUND.
(a) Definitions.--In this section:
(1) Coordination committee.--The term ``Coordination
Committee'' means the Homeland Security Science and
Technology Coordination Committee established under this
section.
(2) Director.--The term ``Director'' means the Director of
the Office of Science and Technology.
(3) Fund.--The term ``Fund'' means the Acceleration Fund
for Research and Development of Homeland Security
Technologies established under this section.
(4) Homeland security research and development.--The term
``homeland security research and development'' means research
and development of technologies that are applicable in the
detection of, prevention of, protection against, response to,
and recovery from homeland security threats, particularly
acts of terrorism.
(5) Steering group.--The term ``Steering Group'' means the
Homeland Security Science and Technology Senior Steering
Group established under this section.
(b) Purposes.--The purposes of this section are to--
(1) establish a fund to leverage existing research and
development and accelerate the deployment of technology that
will serve to enhance homeland defense;
(2) establish a committee and steering group to coordinate
and advise on issues relating to homeland security research
and development and administer the Fund; and
(3) establish the responsibilities of the Director of the
Office of Science and Technology relating to homeland
security research and development.
(c) Fund.--
(1) Establishment.--There is established the Acceleration
Fund for Research and Development of Homeland Security
Technologies.
(2) Use of fund.--The Fund may be used to--
(A) accelerate research, development, testing, and
evaluation of critical homeland security technologies; and
(B) support homeland security research and development.
(3) Authorization of appropriations.--There are authorized
to be appropriated $200,000,000 to the Fund for fiscal year
2003.
(d) Steering Group.--
(1) Establishment.--There is established the Homeland
Security Science and Technology Senior Steering Group within
the Office of Science and Technology. The Director shall
chair the Steering Group.
(2) Responsibilities.--The Steering Group shall--
(A) provide recommendations and priorities to the Director;
and
(B) assist the Director in establishing priorities and
forwarding recommendations on homeland security technology to
the Secretary.
(3) Composition.--The Steering Group shall be composed, as
named by the Director, of senior research and development
officials representing all appropriate Federal departments
and agencies that conduct research and development relevant
for homeland security and combating terrorism.
(4) Qualifications.--Each representative shall--
(A) possess extensive experience in managing research and
development projects; and
(B) be appointed by the head of the respective department
or agency.
(5) Subgroups.--
(A) In general.--At the discretion of the Director, the
Steering Group may be composed of subgroups with expertise in
specific homeland security areas.
(B) Subgroup areas.--The Director may establish subgroups
in areas including--
(i) information technology infrastructure;
(ii) critical infrastructure;
(iii) interoperability issues in communications technology;
(iv) bioterrorism;
(v) chemical, biological, radiological defense; and
(vi) any other area as determined necessary.
(e) Coordination Committee.--
(1) Establishment.--There is established a Homeland
Security Science and Technology Coordination Committee within
the Office of Science and Technology. The Director shall
chair the Coordination Committee.
(2) Composition.--The Coordination Committee shall be a
working level group composed of representatives managing
relevant agency research and development portfolios,
appointed by the head of each department or agency described
under subsection (d)(2).
(3) Subgroups.--
(A) In general.--At the discretion of the Director, the
Coordination Committee may be composed of subgroups with
relevant expertise in specific homeland security areas.
(B) Subgroup areas.--The Director may establish subgroups
in areas, including--
(i) information technology infrastructure;
(ii) critical infrastructure;
(iii) interoperability issues in Communications Technology;
(iv) bioterrorism;
(v) chemical, biological, radiological defense; and
(vi) any other area as determined necessary.
(4) Responsibilities.--The Coordination Committee shall
have the following responsibilities:
(A) To facilitate effective communication among
departments, agencies, and other entities of the Federal
Government, with respect to the conduct of research and
development related to homeland security.
(B) To identify, by consensus and on a yearly basis,
specific technology areas for which the Fund shall be used to
rapidly transition homeland security research and development
into deployed technology and reduce identified homeland
security vulnerabilities. The identified technology areas
shall, as determined by the Coordination Committee, be areas
in which there exist research and development projects that
address identified homeland security vulnerabilities and,
assuming single-year funding, can be accelerated to the stage
of prototyping, evaluating, transitioning, or deploying.
(C) To administer the Fund, including--
(i) issuing an annual multiagency program announcement
soliciting proposals from governmental entities, industry,
and academia;
(ii) competitively selecting, on the basis of a merit-based
review, proposals that advance the state of deployed
technologies in the areas identified for that year;
(iii) at the discretion of the Coordination Committee,
assigning 1 or more program managers from any department or
agency represented on the Coordination Committee to oversee,
administer, and execute a Fund project as the agent of the
Coordination Committee; and
(iv) providing methods of funding administration, including
grant, cooperative agreement, or any other transaction.
(f) Office of Science and Technology Responsibilities.--The
Director shall--
(1) assist the Secretary, the Directorates, and cooperating
agencies in--
(A) assessing and testing homeland security vulnerabilities
and possible threats;
(B) evaluating and advising on maintaining talent resources
in key technology and skill areas required for homeland
security, including information security experts;
(C) developing a system for sharing key homeland security
research and technology developments and opportunities with
appropriate Federal, State, local, and private sector
entities; and
(D) proposing risk management strategies based on
technology developments;
(2) assist the Directorate of Critical Infrastructure
Protection in the responsibilities of that Directorate;
(3) with respect to expenditures from the Fund, exercise
acquisition authority consistent with the authority described
under section 2371 of title 10, United States Code, relating
to authorizing cooperative agreements and other transactions;
(4) in hiring personnel to assist in the administration of
the Office of Science and Technology, have the authority to
exercise the personnel hiring and management authorities
described in section 1101 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104
note; Public Law 105-261); and
(5) develop and oversee the implementation of periodic
homeland security technology demonstrations, held at least
annually, for the purpose of improving contact between
technology developers, vendors, and acquisition personnel
associated with related industries.
SEC. 105. REPORTING REQUIREMENTS.
(a) Biennial Reports.--Every 2 years the Secretary shall
submit to Congress--
(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
effective date of this Act, the
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Secretary shall submit to Congress a report--
(1) assessing the progress of the Department in--
(A) implementing this title; 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 title.
SEC. 106. 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. 107. 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. 108. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, recognitions of labor organizations,
collective bargaining agreements, 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
title; 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, to the extent related to such functions, 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 title
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 title takes effect, with respect
to functions transferred by this title 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
title 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 title had not been enacted.
(c) Suits Not Affected.--The provisions of this title 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 title 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 title.
(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 title may be
continued by the Department of National Homeland Security
with the same effect as if this title had not been enacted.
(f) Employment and Personnel.--
(1) Interim authority for appointment and compensation.--
Funds available to any official or component of any entity
the functions of which are transferred to the Department, may
with the approval of the Director of the Office of Management
and Budget, be used to pay the compensation and expenses of
any officer or employee under this title until such time as
funds for that purpose are otherwise available.
(2) Employee rights.--
(A) In general.--The Department or a subdivision within the
Department shall not be excluded under section 7103(b)(1) of
title 5, United States Code, from coverage under chapter 71
of that title unless the President determines that a majority
of employees within the Department or applicable subdivision
have, as their primary job duty, intelligence,
counterintelligence, or investigative work directly related
to terrorism investigation.
(B) National security positions.--Employees transferred
under this title shall not be considered to perform work
which directly affects national security within the meaning
of section 7112(b)(6) of title 5, United States Code, unless
their primary job duty involves intelligence,
counterintelligence, or investigative duties directly related
to terrorism investigation. All employees transferred under
this title who are not in the counterterrorism positions
described in the preceding sentence shall continue to be
afforded the full rights and protections under chapter 71 of
title 5, United States Code.
(g) No Affect on Intelligence Authorities.--The transfer of
authorities, functions, personnel, and assets of elements of
the United States Government under this title, or the
assumption of authorities and functions, by the Department of
Homeland Security under this title, shall not be construed,
in cases where such authorities, functions, personnel, and
assets, are engaged in intelligence activities as defined in
the National Security Act of 1947, as affecting the
authorities of the Director of Central Intelligence, the
Secretary of Defense, or the heads of departments and
agencies within the intelligence community.
(h) 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 title--
(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.
TITLE II--NATIONAL OFFICE FOR COMBATING TERRORISM
SEC. 201. NATIONAL OFFICE FOR COMBATING TERRORISM.
(a) Establishment.--There is established within the
Executive Office of the President the National Office for
Combating Terrorism.
(b) Officers.--
(1) Director.--The head of the Office shall be the Director
of the National Office for Combating Terrorism, who shall be
appointed by the President, by and with the advice and
consent of the Senate.
(2) Executive schedule level i position.--Section 5312 of
title 5, United States Code, is amended by adding at the end
the following:
``Director of the National Office for Combating
Terrorism.''.
(3) Other officers.--The President shall assign to the
Office such other officers as the President, in consultation
with the Director, considers appropriate to discharge the
responsibilities of the Office.
(c) Responsibilities.--Subject to the direction and control
of the President, the responsibilities of the Office shall
include the following:
(1) To develop national objectives and policies for
combating terrorism.
(2) To direct and review the development of a comprehensive
national assessment of terrorist threats and vulnerabilities
to those threats, which shall be--
(A) conducted by the heads of relevant Federal agencies;
and
(B) used in preparation of the Strategy.
(3) To develop with the Secretary of National Homeland
Security, the Strategy under title III.
(4) To coordinate, oversee, and evaluate the implementation
and execution of the Strategy by agencies of the Federal
Government with responsibilities for combating terrorism
under the Strategy, particularly those involving military,
intelligence, law enforcement, and diplomatic assets.
(5)(A) To coordinate, with the advice of the Secretary of
National Homeland Security, the development of a
comprehensive annual budget for the programs and activities
under the Strategy, including the budgets of the military
departments and agencies within the National Foreign
Intelligence Program relating to international terrorism, but
excluding military programs, projects, or activities relating
to force protection.
(B) To have the lead responsibility for budget
recommendations relating to military, intelligence, law
enforcement, and diplomatic assets in support of the
Strategy.
(6) To exercise funding authority for Federal terrorism
prevention and response agencies in accordance with section
202.
(7) To serve as an advisor to the National Security
Council.
(d) Resources.--In consultation with the Director, the
President shall assign or allocate to the Office such
resources, including funds, personnel, and other resources,
as the President considers appropriate in order to facilitate
the discharge of the responsibilities of the Office.
(e) Oversight by Congress.--The establishment of the Office
within the Executive Office of the President shall not be
construed as affecting access by Congress, or any committee
of Congress, to--
(1) any information, document, record, or paper in the
possession of the Office or any study conducted by or at the
direction of the Director; or
(2) any personnel of the Office.
SEC. 202. FUNDING FOR STRATEGY PROGRAMS AND ACTIVITIES.
(a) Budget Review.--In consultation with the Director of
the Office of Management and Budget, the Secretary of
National Homeland Security, and the heads of other executive
departments and agencies, the Director shall--
(1) identify programs that contribute to the Strategy; and
[[Page S3879]]
(2) in the development of the budget submitted by the
President to Congress under section 1105 of title 31, United
States Code, review and provide advice to the heads of
executive departments and agencies on the amount and use of
funding for programs identified under paragraph (1).
(b) Submittal of Proposed Budgets to the Director.--
(1) In general.--The head of each Federal terrorism
prevention and response agency shall submit to the Director
each year the proposed budget of that agency for the fiscal
year beginning in that year for programs and activities of
that agency under the Strategy during that fiscal year.
(2) Date for submission.--The proposed budget of an agency
for a fiscal year under paragraph (1) shall be submitted to
the Director--
(A) not later than the date on which the agency completes
the collection of information for purposes of the submission
by the President of a budget to Congress for that fiscal year
under section 1105 of title 31, United States Code; and
(B) before that information is submitted to the Director of
the Office of Management and Budget for such purposes.
(3) Format.--In consultation with the Director of the
Office of Management and Budget, the Director shall specify
the format for the submittal of proposed budgets under
paragraph (1).
(c) Review of Proposed Budgets.--
(1) In general.--The Director shall review each proposed
budget submitted to the Director under subsection (b).
(2) Inadequate funding determination.--If the Director
determines under paragraph (1) that the proposed budget of an
agency for a fiscal year under subsection (b) is inadequate,
in whole or in part, to permit the implementation by the
agency during the fiscal year of the goals of the Strategy
applicable to the agency during the fiscal year, the Director
shall submit to the head of the agency--
(A) a notice in writing of the determination; and
(B) a statement of the proposed funding, and any specific
initiatives, that would (as determined by the Director)
permit the implementation by the agency during the fiscal
year of the goals of the Strategy applicable to the agency
during the fiscal year.
(3) Adequate funding determination.--If the Director
determines under paragraph (1) that the proposed budget of an
agency for a fiscal year under subsection (b) is adequate to
permit the implementation by the agency during the fiscal
year of the goals of the Strategy applicable to the agency
during the fiscal year, the Director shall submit to the head
of the agency a notice in writing of that determination.
(4) Maintenance of records.--The Director shall maintain a
record of--
(A) each notice submitted under paragraph (2), including
any statement accompanying such notice; and
(B) each notice submitted under paragraph (3).
(d) Agency Response to Review of Proposed Budgets.--
(1) Incorporation of proposed funding.--The head of a
Federal terrorism prevention and response agency that
receives a notice under subsection (c)(2) with respect to the
proposed budget of the agency for a fiscal year shall
incorporate the proposed funding, and any initiatives, set
forth in the statement accompanying the notice into the
information submitted to the Office of Management and Budget
in support of the proposed budget for the agency for the
fiscal year under section 1105 of title 31, United States
Code.
(2) Additional information.--The head of each agency
described under paragraph (1) for a fiscal year shall include
as an appendix to the information submitted to the Office of
Management and Budget under that paragraph for the fiscal
year the following:
(A) A summary of any modifications in the proposed budget
of such agency for the fiscal year under that paragraph.
(B) An assessment of the effect of such modifications on
the capacity of such agency to perform its responsibilities
during the fiscal year other than its responsibilities under
the Strategy.
(3) Submission to congress.--
(A) In general.--Subject to subparagraph (B), the head of
each agency described under paragraph (1) for a fiscal year
shall submit to Congress a copy of the appendix submitted to
the Office of Management and Budget for the fiscal year under
paragraph (2) at the same time the budget of the President
for the fiscal year is submitted to Congress under section
1105 of title 31, United States Code.
(B) Elements within intelligence programs.--In the
submission of the copy of the appendix to Congress under
subparagraph (A), those elements of the appendix which are
within the National Foreign Intelligence Program shall be
submitted to--
(i) the Select Committee on Intelligence of the Senate; and
(ii) the Permanent Select Committee on Intelligence of the
House of Representatives.
(e) Submittal of Revised Proposed Budgets.--
(1) In general.--At the same time the head of a Federal
terrorism prevention and response agency submits its proposed
budget for a fiscal year to the Office of Management and
Budget for purposes of the submission by the President of a
budget to Congress for the fiscal year under section 1105 of
title 31, United States Code, the head of the agency shall
submit a copy of the proposed budget to the Director.
(2) Review and decertification authority.--The Director of
the National Office for Combating Terrorism--
(A) shall review each proposed budget submitted under
paragraph (1); and
(B) in the case of a proposed budget for a fiscal year to
which subsection (c)(2) applies in the fiscal year, if the
Director determines as a result of the review that the
proposed budget does not include the proposed funding, and
any initiatives, set forth in the notice under that
subsection with respect to the proposed budget--
(i) may decertify the proposed budget; and
(ii) with respect to any proposed budget so decertified,
shall submit to Congress--
(I) a notice of the decertification;
(II) a copy of the notice submitted to the agency concerned
for the fiscal year under subsection (c)(2)(B); and
(III) the budget recommendations made under this section.
(f) National Terrorism Prevention and Response Program
Budget.--
(1) In general.--For each fiscal year, following the
submittal of proposed budgets to the Director under
subsection (b), the Director shall, in consultation with the
Secretary of National Homeland Security and the head of each
Federal terrorism prevention and response agency concerned--
(A) develop a consolidated proposed budget for such fiscal
year for all programs and activities under the Strategy for
such fiscal year; and
(B) subject to paragraph (2), submit the consolidated
proposed budget to the President and to Congress.
(2) Elements within intelligence programs.--In the
submission of the consolidated proposed budget to Congress
under paragraph (1)(B), those elements of the budget which
are within the National Foreign Intelligence Program shall be
submitted to--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(3) Designation of consolidated proposed budget.--The
consolidated proposed budget for a fiscal year under this
subsection shall be known as the National Terrorism
Prevention and Response Program Budget for the fiscal year.
(g) Reprogramming and Transfer Requests.--
(1) Approval by the director.--The head of a Federal
terrorism prevention and response agency may not submit to
Congress a request for the reprogramming or transfer of any
funds specified in the National Terrorism Prevention and
Response Program Budget for programs or activities of the
agency under the Strategy for a fiscal year in excess of
$5,000,000 without the approval of the Director.
(2) Approval by the president.--The President may, upon the
request of the head of the agency concerned, permit the
submittal to Congress of a request previously disapproved by
the Director under paragraph (1) if the President determines
that the submittal of the request to Congress will further
the purposes of the Strategy.
TITLE III--NATIONAL STRATEGY FOR COMBATING TERRORISM AND THE HOMELAND
SECURITY RESPONSE
SEC. 301. STRATEGY.
(a) Development.--The Secretary and the Director shall
develop the National Strategy for Combating Terrorism and
Homeland Security Response for detection, prevention,
protection, response, and recovery to counter terrorist
threats, including the plans, policies, training, exercises,
evaluation, and interagency cooperation that address each
such action relating to such threats.
(b) Responsibilities.--
(1) Responsibilities of the secretary.--The Secretary shall
have responsibility for portions of the Strategy addressing
border security, critical infrastructure protection,
emergency preparation and response, and integrating State and
local efforts with activities of the Federal Government.
(2) Responsibilities of the director.--The Director shall
have overall responsibility for development of the Strategy,
and particularly for those portions of the Strategy
addressing intelligence, military assets, law enforcement,
and diplomacy.
(c) Contents.--The contents of the Strategy shall include--
(1) policies and procedures to maximize the collection,
translation, analysis, exploitation, and dissemination of
information relating to combating terrorism and the homeland
security response throughout the Federal Government and with
State and local authorities;
(2) plans for countering chemical, biological,
radiological, nuclear and explosives, and cyber threats;
(3) plans for improving the resources of, coordination
among, and effectiveness of health and medical sectors for
detecting and responding to terrorist attacks on the
homeland;
(4) specific measures to enhance cooperative efforts
between the public and private sectors in protecting against
terrorist attacks;
(5) a review of measures needed to enhance transportation
security with respect to potential terrorist attacks; and
(6) other critical areas.
(d) Cooperation.--At the request of the Secretary or
Director, departments and
[[Page S3880]]
agencies shall provide necessary information or planning
documents relating to the Strategy.
(e) Interagency Council.--
(1) Establishment.--There is established the National
Combating Terrorism and Homeland Security Response Council to
assist with preparation and implementation of the Strategy.
(2) Membership.--The members of the Council shall be the
heads of the Federal terrorism prevention and response
agencies or their designees. The Secretary and Director shall
designate such agencies.
(3) Co-chairs and meetings.--The Secretary and Director
shall co-chair the Council, which shall meet at their
direction.
(f) Submission to Congress.--Not later than December 1,
2003, and each year thereafter in which a President is
inaugurated, the Secretary and the Director shall submit the
Strategy to Congress.
(g) Updating.--Not later than December 1, 2005, and on
December 1, of every 2 years thereafter, the Secretary and
the Director shall submit to Congress an updated version of
the Strategy.
(h) Progress Reports.--Not later than December 1, 2004, and
on December 1, of each year thereafter, the Secretary and the
Director may submit to Congress a report that--
(1) describes the progress on implementation of the
Strategy; and
(2) provides recommendations for improvement of the
Strategy and the implementation of the Strategy.
SEC. 302. NATIONAL COMBATING TERRORISM STRATEGY PANEL.
(a) Establishment.--The Secretary and the Director shall
establish a nonpartisan, independent panel to be known as the
National Combating Terrorism Strategy Panel (in this section
referred to as the ``Panel'').
(b) Membership.--
(1) Appointment.--The Panel shall be composed of a
chairperson and 8 other individuals appointed by the
Secretary and the Director, in consultation with the chairman
and ranking member of the Committee on Governmental Affairs
of the Senate and the chairman and ranking member of the
Committee on Government Reform of the House of
Representatives, from among individuals in the private sector
who are recognized experts in matters relating to the
homeland security of the United States.
(2) Terms.--
(A) In general.--An individual shall be appointed to the
Panel for an 18-month term.
(B) Term periods.--Terms on the Panel shall not be
continuous. All terms shall be for the 18-month period which
begins 12 months before each date a report is required to be
submitted under subsection (l)(2)(A).
(C) Multiple terms.--An individual may serve more than 1
term.
(c) Duties.--The Panel shall--
(1) conduct and submit to the Secretary the assessment of
the Strategy; and
(2) conduct the independent, alternative assessment of
homeland security measures required under this section.
(d) Alternative Assessment.--The Panel shall submit to the
Secretary an independent assessment of the optimal policies
and programs to combat terrorism, including homeland security
measures. As part of the assessment, the Panel shall, to the
extent practicable, estimate the funding required by fiscal
year to achieve these optimal approaches.
(e) Information From Federal Agencies.--
(1) In general.--Subject to paragraph (2), the Panel may
secure directly from any Federal department or agency such
information as the Panel considers necessary to carry out
this section. Upon request of the Chairperson, the head of
such department or agency shall furnish such information to
the Panel.
(2) Intelligence information.--The provision of information
under this paragraph related to intelligence shall be
provided in accordance with procedures established by the
Director of Central Intelligence and in accordance with
section 103(d)(3) of the National Security Act of 1947 (50
U.S.C. 403-3(d)(3)).
(f) Compensation of Members.--Each member of the Panel
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Panel.
(g) Travel Expenses.--The members of the Panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Panel.
(h) Staff.--
(1) In general.--The Chairperson of the Panel may, without
regard to the civil service laws and regulations, appoint and
terminate an executive director and such other additional
personnel as may be necessary to enable the Panel to perform
its duties. The employment of an executive director shall be
subject to confirmation by the Panel.
(2) Compensation.--The Chairperson of the Panel may fix the
compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the
rate of pay for the executive director and other personnel
may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
(3) Personnel as federal employees.--
(A) In general.--The executive director and any personnel
of the Panel who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(B) Members of panel.--Subparagraph (A) shall not be
construed to apply to members of the Panel.
(4) Reduction of staff.--During periods that members are
not serving terms on the Panel, the executive director shall
reduce the number and hours of employees to the minimum
necessary to--
(A) provide effective continuity of the Panel; and
(B) minimize personnel costs of the Panel.
(i) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Panel without reimbursement,
and such detail shall be without interruption or loss of
civil service status or privilege.
(j) Administrative Provisions.--
(1) Use of mail and printing.--The Panel may use the United
States mails and obtain printing and binding services in the
same manner and under the same conditions as other
departments and agencies of the Federal Government.
(2) Support services.--The Secretary shall furnish the
Panel any administrative and support services requested by
the Panel.
(3) Gifts.--The Panel may accept, use, and dispose of gifts
or donations of services or property.
(k) Payment of Panel Expenses.--The compensation, travel
expenses, and per diem allowances of members and employees of
the Panel shall be paid out of funds available to the
Department for the payment of compensation, travel
allowances, and per diem allowances, respectively, of
civilian employees of the Department. The other expenses of
the Panel shall be paid out of funds available to the
Department for the payment of similar expenses incurred by
the Department.
(l) Reports.--
(1) Preliminary report.--
(A) Report to secretary.--Not later than July 1, 2004, the
Panel shall submit to the Secretary and the Director a
preliminary report setting forth the activities and the
findings and recommendations of the Panel under subsection
(d), including any recommendations for legislation that the
Panel considers appropriate.
(B) Report to congress.--Not later than 30 days after the
submission of the report under subparagraph (A), the
Secretary and the Director shall submit to the committees
referred to under subsection (b) a copy of that report with
the comments of the Secretary on the report.
(2) Quadrennial reports.--
(A) Reports to secretary.--Not later than December 1, 2004,
and not later than December 1 every 4 years thereafter, the
Panel shall submit to the Secretary and the Director a report
setting forth the activities and the findings and
recommendations of the Panel under subsection (d), including
any recommendations for legislation that the Panel considers
appropriate.
(B) Reports to congress.--Not later than 60 days after each
report is submitted under subparagraph (A), the Secretary
shall submit to the committees referred to under subsection
(b) a copy of the report with the comments of the Secretary
and the Director on the report.
TITLE IV--EFFECTIVE DATE
SEC. 401. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of
enactment of this Act.
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