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[DOCID: f:s1534is.txt]






107th CONGRESS
  1st Session
                                S. 1534

       To establish the Department of National Homeland Security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 11, 2001

 Mr. Lieberman (for himself and Mr. Specter) introduced the following 
      bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
       To establish the Department of National Homeland Security.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of National Homeland 
Security Act of 2001''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of National Homeland Security established under this 
        Act.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of National Homeland Security.

SEC. 3. ESTABLISHMENT OF THE DEPARTMENT OF NATIONAL HOMELAND SECURITY.

    (a) Establishment.--There is established the Department of National 
Homeland Security.
    (b) Secretary of National Homeland Security.--
            (1) In general.--The Secretary of National Homeland 
        Security shall be the head of the Department. The Secretary 
        shall be appointed by the President, by and with the advice and 
        consent of the Senate.
            (2) Cabinet level position.--Section 5312 of title 5, 
        United States Code, is amended by adding at the end the 
        following:
            ``Secretary of National Homeland Security.''.
            (3) Membership on the national security council.--Section 
        101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) 
        is amended in the fourth sentence by striking paragraphs (5), 
        (6), and (7) and inserting the following:
            ``(5) the Secretary of National Homeland Security; and
            ``(6) each Secretary or Under Secretary of such other 
        executive department, or of a military department, as the 
        President shall designate.''.
    (c) Duties.--The duties of the Secretary shall be the following:
            (1) To plan, coordinate, and integrate those United States 
        Government activities relating to homeland security, including 
        border security and emergency preparedness, and to act as a 
        focal point regarding natural and manmade crises and emergency 
        planning.
            (2) To work with State and local governments and executive 
        agencies in protecting United States homeland security, and to 
        support State officials through the use of regional offices 
        around the Nation.
            (3) To provide overall planning guidance to executive 
        agencies regarding United States homeland security.
            (4) To conduct exercise and training programs for employees 
        of the Department and establish effective command and control 
        procedures for the full range of potential contingencies 
        regarding United States homeland security, including 
        contingencies that require the substantial support of military 
        assets.
            (5) To annually develop a Federal response plan for 
        homeland security and emergency preparedness.

SEC. 4. TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND ASSETS TO 
              THE DEPARTMENT.

    The authorities, functions, personnel, and assets of the following 
entities are transferred to the Department:
            (1) The Federal Emergency Management Agency, the ten 
        regional offices of which shall be maintained and strengthened 
        by the Department.
            (2) The United States Customs Service, which shall be 
        maintained as a distinct entity within the Department.
            (3) The Border Patrol of the Immigration and Naturalization 
        Service, which shall be maintained as a distinct entity within 
        the Department.
            (4) The United States Coast Guard, which shall be 
        maintained as a distinct entity within the Department.
            (5) The Critical Infrastructure Assurance Office and the 
        Institute of Information Infrastructure Protection of the 
        Department of Commerce.
            (6) The National Infrastructure Protection Center and the 
        National Domestic Preparedness Office of the Federal Bureau of 
        Investigation.

SEC. 5. ESTABLISHMENT OF DIRECTORATES AND OFFICE.

    (a) Establishment of Directorates.--The following staff 
directorates are established within the Department:
            (1) Directorate of prevention.--The Directorate of 
        Prevention, which shall be responsible for the following:
                    (A) Overseeing and coordinating all United States 
                border security activities.
                    (B) Developing border and maritime security policy 
                for the United States.
                    (C) Developing and implementing international 
                standards for enhanced security in transportation 
                nodes.
            (2) Directorate of critical infrastructure protection.--The 
        Directorate of Critical Infrastructure Protection, which shall 
        be responsible for the following:
                    (A) Acting as the Critical Information Technology, 
                Assurance, and Security Officer of the Department to 
                coordinate efforts to address the vulnerability of the 
                United States to electronic or physical attacks on 
                critical infrastructure of the United States, including 
                utilities, transportation nodes, and energy resources.
                    (B) Overseeing the protection of such 
                infrastructure and the physical assets and information 
                networks that make up such infrastructure.
                    (C) Ensuring the maintenance of a nucleus of cyber 
                security experts within the United States Government.
                    (D) Enhancing sharing of information regarding 
                cyber security and physical security of the United 
                States, tracking vulnerabilities and proposing improved 
                risk management policies, and delineating the roles of 
                various government agencies in preventing, defending, 
                and recovering from attacks.
                    (E) Coordinating with the Federal Communications 
                Commission in helping to establish cyber security 
                policy, standards, and enforcement mechanisms, and 
                working closely with the Federal Communications 
                Commission on cyber security issues with respect to 
                international bodies.
                    (F) Coordinating the activities of Information 
                Sharing and Analysis Centers to share information on 
                threats, vulnerabilities, individual incidents, and 
                privacy issues regarding United States homeland 
                security.
                    (G) Assuming the responsibilities carried out by 
                the Critical Infrastructure Assurance Office before the 
                date of the enactment of this Act.
                    (H) Assuming the responsibilities carried out by 
                the National Infrastructure Protection Center before 
                the date of the enactment of this Act.
                    (I) Supporting and overseeing the management of the 
                Institute for Information Infrastructure Protection.
            (3) Directorate for emergency preparedness and response.--
        The Directorate for Emergency Preparedness and Response, which 
        shall be responsible for the follow
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ing:
                    (A) Carrying out all emergency preparedness and 
                response activities carried out by the Federal 
                Emergency Management Agency before the date of the 
                enactment of this Act.
                    (B) Assuming the responsibilities carried out by 
                the National Domestic Preparedness Office before the 
                date of the enactment of this Act.
                    (C) Organizing and training local entities to 
                respond to emergencies and providing State and local 
                authorities with equipment for detection, protection, 
                and decontamination in an emergency involving weapons 
                of mass destruction.
                    (D) Overseeing Federal, State, and local emergency 
                preparedness training and exercise programs in keeping 
                with current intelligence estimates and providing a 
                single staff for Federal assistance for any emergency 
                (including emergencies caused by flood, earthquake, 
                hurricane, disease, or terrorist bomb).
                    (E) Creating a National Crisis Action Center to act 
                as the focal point for monitoring emergencies and for 
                coordinating Federal support for State and local 
                governments and the private sector in crises.
                    (F) Establishing training and equipment standards, 
                providing resource grants, and encouraging intelligence 
                and information sharing among the Department of 
                Defense, the Federal Bureau of Investigation, the 
                Central Intelligence Agency, State emergency management 
                officials, and local first responders.
                    (G) Coordinating and integrating activities of the 
                Department of Defense, the National Guard, and other 
                Federal agencies into a Federal response plan.
                    (H) Coordinating activities among private sector 
                entities, including entities within the medical 
                community, with respect to recovery, consequence 
                management, and planning for continuity of services.
                    (I) Developing and managing a single response 
                system for national incidents in coordination with the 
                Department of Justice, the Federal Bureau of 
                Investigation, the Department of Health and Human 
                Services, and the Centers for Disease Control.
                    (J) Maintaining Federal asset databases and 
                supporting up-to-date State and local databases.
    (b) Establishment of Office of Science and Technology.--
            (1) In general.--There is established in the Department an 
        Office of Science and Technology.
            (2) Purpose.--The Office of Science and Technology shall 
        advise the Secretary regarding research and development efforts 
        and priorities for the directorates established in subsection 
        (a).

SEC. 6. REPORTING REQUIREMENTS.

    (a) Biennial Reports.--The Secretary shall submit to Congress on a 
biennial basis--
            (1) a report assessing the resources and requirements of 
        executive agencies relating to border security and emergency 
        preparedness issues; and
            (2) a report certifying the preparedness of the United 
        States to prevent, protect against, and respond to natural 
        disasters, cyber attacks, and incidents involving weapons of 
        mass destruction.
    (b) Additional Report.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall submit to Congress a 
report--
            (1) assessing the progress of the Department in--
                    (A) implementing the provisions of this Act; and
                    (B) ensuring the core functions of each entity 
                transferred to the Department are maintained and 
                strengthened; and
            (2) recommending any conforming changes in law necessary as 
        a result of the enactment and implementation of this Act.

SEC. 7. COORDINATION WITH OTHER ORGANIZATIONS.

    The Secretary shall establish and maintain strong mechanisms for 
the sharing of information and intelligence with United States and 
international intelligence entities.

SEC. 8. PLANNING, PROGRAMMING, AND BUDGETING PROCESS.

    The Secretary shall establish procedures to ensure that the 
planning, programming, budgeting, and financial activities of the 
Department comport with sound financial and fiscal management 
principles. At a minimum, those procedures shall provide for the 
planning, programming, and budgeting of activities of the Department 
using funds that are available for obligation for a limited number of 
years.

SEC. 9. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH REQUIREMENTS.

    The Secretary shall--
            (1) ensure that the Department complies with all applicable 
        environmental, safety, and health statutes and substantive 
        requirements; and
            (2) develop procedures for meeting such requirements.

SEC. 10. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, registrations, privileges, and other 
administrative actions--
            (1) which have been issued, made, granted, or allowed to 
        become effective by the President, any Federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
        the performance of functions which are transferred under this 
        Act, and
            (2) which are in effect at the time this Act takes effect, 
        or were final before the effective date of this Act and are to 
        become effective on or after the effective date of this Act,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Secretary of National Homeland Security or other 
authorized official, a court of competent jurisdiction, or by operation 
of law.
    (b) Proceedings Not Affected.--The provisions of this Act shall not 
affect any proceedings, including notices of proposed rulemaking, or 
any application for any license, permit, certificate, or financial 
assistance pending before an agency at the time this Act takes effect, 
with respect to functions transferred by this Act but such proceedings 
and applications shall continue. Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, and payments shall be 
made pursuant to such orders, as if this Act had not been enacted, and 
orders issued in any such proceedings shall continue in effect until 
modified, terminated, superseded, or revoked by a duly authorized 
official, by a court of competent jurisdiction, or by operation of law. 
Nothing in this subsection shall be deemed to prohibit the 
discontinuance or modification of any such proceeding under the same 
terms and conditions and to the same extent that such proceeding could 
have been discontinued or modified if this Act had not been enacted.
    (c) Suits Not Affected.--The provisions of this Act shall not 
affect suits commenced before the effective date of this Act, and in 
all such suits, proceedings shall be had, appeals taken, and judgments 
rendered in the same manner and with the same effect as if this Act had 
not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against an agency, or by or against any individual in 
the official capacity of such individual as an officer of an agency, 
shall abate by reason of the enactment of this Act.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the preparation or 
promulgation of a regulation by an agency relating to a function 
transferred under this Act 
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may be continued by the National Homeland 
Security with the same effect as if this Act had not been enacted.
    (f) References.--Any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or pertaining to a department, agency, or office from which a function 
is transferred by this Act--
            (1) to the head of such department, agency, or office is 
        deemed to refer to the Secretary of National Homeland Security; 
        or
            (2) to such department, agency, or office is deemed to 
        refer to the Department of National Homeland Security.

SEC. 11. EFFECTIVE DATE.

    This Act shall take effect 6 months after the date of enactment of 
this Act.
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