[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4660 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 4660
To establish the Department of National Homeland Security and the
National Office for Combating Terrorism.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2002
Mr. Thornberry (for himself, Ms. Harman, Mrs. Tauscher, Mr. Gibbons,
Mr. Davis of Florida, Mr. Shays, and Mr. Roemer) introduced the
following bill; which was referred to the Committee on Government
Reform
_______________________________________________________________________
A BILL
To establish the Department of National Homeland Security and the
National Office for Combating Terrorism.
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.
Sec. 104. Establishment of Office of Science and Technology and
Acceleration Fund for Research and
Development of Homeland Security
Technologies.
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 as it relates to border
security, critical infrastructure protection,
consequence management, and State and local activities.
(B) To develop, with the Director, a comprehensive
strategy in accordance with title III.
(C) To 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.
(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)(i) To advise the Director on 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.
(ii) To have the budget authority for border
security, critical infrastructure protection,
consequence management, and Federal support for 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 update 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 one representative under clause (i) and require
those departments and agencies to furnish one
representative on a permanent, part-time, or as needed
basis, as determined by the Secretary. Additional
personnel may be requested by the Secretary and
coordinated with appropriate departments or agencies.
(iii) To request State and local authorities to
provide representatives to the coordinating 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.''.
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 portions of the Immigration and Naturalization
Service responsible for law enforcement and border management,
including the Border Patrol and Divisions of Inspections,
Investigations, and Detention and Removal.
(4) The United States Coast Guard, which shall be
maintained as a distinct entity within the Department.
(5) The Critical Infrastructure Assurance Office.
(6) The National Infrastructure Protection Center and the
National Domestic Preparedness Office of the Federal Bureau of
Investigation.
(7) The Animal Plant Health Inspection Service of the
Department of Agriculture.
SEC. 103. 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
effective date of this title.
(H) Assuming the responsibilities carried out by
the National Infrastructure Protection Center before
the effective date of this title.
(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 title.
(B) Assuming the responsibilities carried out by
the National Domestic Preparedness Office before the
effective date of this title.
(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 terrorists).
(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 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, and the Centers for Disease Control and
Prevention.
(J) Maintaining Federal asset databases and
supporting up-to-date State and local databases.
SEC. 104. ESTABLISHMENT OF OFFICE OF SCIENCE AND TECHNOLOGY AND
ACCELERATION FUND FOR RESEARCH AND DEVELOPMENT OF
HOMELAND SECURITY TECHNOLOGIES.
(a) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the Acceleration Fund
for Research and Development of Homeland Security Technologies
established under this section.
(2) 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.
(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 section 103.
(3) Director.--The head of the Office shall be the Director
of Science and Technology.
(c) Purposes.--The purposes of this section are to--
(1) establish the responsibilities of the Director of the
Office of Science and Technology relating to homeland security
research and development; and
(2) establish a fund to leverage existing research and
development and accelerate the deployment of technology that
will serve to enhance homeland defense.
(d) Duties of Director of Science and Technology.--The Director of
Science and Technology 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; and
(4) in hiring personnel to assist in the administration of
the Office of Science and Technology, have and use 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 (Public
Law 105-261; 5 U.S.C. 3104 note).
(e) Steering Group and Coordination Committee.--
(1) Plan.--Not later than one year after the date of the
enactment of this Act, the President shall submit to Congress
plans to establish a steering group and coordination committee
for the Office of Science and Technology.
(2) Steering group.--The steering group shall assist the
Director of Science and Technology in establishing priorities
and forwarding recommendations on homeland security technology
to the Secretary. The steering group shall be composed of
senior research and development officials representing all
appropriate Federal departments and independent agencies that
conduct research and development relevant for homeland security
and combating terrorism, the Defense Advanced Research Projects
Agency, the National Nuclear Security Administration, and the
Technical Support Working Group.
(3) Coordination committee.--The Coordination Committee
shall--
(A) be a working level group composed of
representatives managing relevant agency research and
development portfolios, appointed by the head of each
department or agency represented in the steering group;
(B) 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;
(C) identify 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; and
(D) assist the Director of Science and Technology
in administering the Fund.
(f) 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
either within or outside of the Federal Government; 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.
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 title, the 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 title takes
effect, or were final before the effective date of this title
and are to become effective on or after the effective date of
this title,
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 title, 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) 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 and those homeland security efforts outside
the specific control of the Secretary as outlined in title I.
(2) To direct and review the development of a comprehensive
national assessment of terrorist threats and vulnerabilities to
those threats, which shall be conducted by the heads of
relevant Federal agencies, and to provide the Secretary of
National Homeland Security with a national threat and
vulnerability assessment.
(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, and those homeland security efforts outside the
specific control of the Secretary as outlined in title I,
particularly those involving military, intelligence, law
enforcement, and diplomatic assets.
(5)(A) To coordinate, with the advice of the Secretary, 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.
(6) To exercise funding authority for Federal Terrorism
Prevention and Response Agencies in accordance with section
202.
(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
(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.--The head of each agency
described by 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.
(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) submit the consolidated proposed budget to the
President and to Congress.
(2) 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 National Strategy for Combating Terrorism.
TITLE III--NATIONAL STRATEGY FOR COMBATING TERRORISM AND THE HOMELAND
SECURITY RESPONSE
SEC. 301. STRATEGY.
(a) Development.--There shall be a 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,
consequence management, 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.
(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 Director, departments and
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 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 HOMELAND SECURITY PANEL.
(a) Establishment.--The Secretary and the Director shall establish
a nonpartisan, independent panel to be known as the National Homeland
Security 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 majority and
minority leaders in the Senate and 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 and the Director
the assessment of the Strategy; and
(2) conduct the independent, alternative assessment of
homeland security and combating terrorism 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 enhance homeland security and combating terrorism. 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.--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.
(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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