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[House Document 107-227]
[From the U.S. Government Publishing Office]

107th Congress, 2d Session - - - - - - - - - - - House Document 107-227 

 
                        A LEGISLATIVE PROPOSAL

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 A LEGISLATIVE PROPOSAL TO CREATE A NEW CABINET DEPARTMENT OF HOMELAND 
                                SECURITY

    June 18, 2002.--Message and accompanying papers referred to the 
 Committee on the Whole House on the State of the Union and ordered to 
                               be printed
                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
99-011                    WASHINGTON : 2002

To the Congress of the United States:
    I hereby transmit to the Congress proposed legislation to 
create a new Cabinet Department of Homeland Security.
    Our Nation faces a new and changing threat unlike any we 
have faced before--the global threat of terrorism. No nation is 
immune, and all nations must act decisively to protect against 
this constantly evolving threat.
    We must recognize that the threat of terrorism is a 
permanent condition, and we must take action to protect America 
against the terrorists that seek to kill the innocent.
    Since September 11, 2001, all levels of government and 
leaders from across the political spectrum have cooperated like 
never before. We have strengthened our aviation security and 
tightened our borders. We have stockpiled medicines to defend 
against bioterrorism and improved our ability to combat weapons 
of mass destruction. We have dramatically improved information 
sharing among our intelligence agencies, and we have taken new 
steps to protect our critical infrastructure.
    Our Nation is stronger and better prepared today than it 
was on September 11. Yet, we can do better. I propose the most 
extensive reorganization of the Federal Government since the 
1940s by creating a new Department of Homeland Security. For 
the first time we would have a single Department whose primary 
mission is to secure our homeland. Soon after the Second World 
War, President Harry Truman recognized that our Nation's 
fragmented military defenses needed reorganization to help win 
the Cold War. President Truman proposed uniting our military 
forces under a single entity, now the Department of Defense, 
and creating the National Security Council to bring together 
defense, intelligence, and diplomacy. President Truman's 
reforms are still helping us to fight terror abroad, and today 
we need similar dramatic reforms to secure our people at home.
    President Truman and Congress reorganized our Government to 
meet a very visible enemy in the Cold War. Today our Nation 
must once again reorganize our Government to protect against an 
often-invisible enemy, an enemy that hides in the shadows and 
an enemy that can strike with many different types of weapons. 
Our enemies seek to obtain the most dangerous and deadly 
weapons of mass destruction and use them against the innocent. 
While we are winning the war on terrorism, Al Qaeda and other 
terrorist organizations still have thousands of trained killers 
spread across the globe plotting attacks against America and 
the other nations of the civilized world.
    Immediately after last fall's attack, I used my legal 
authority to establish the White House Office of Homeland 
Security and the Homeland Security Council to help ensure that 
our Federal response and protection efforts were coordinated 
and effective. I also directed Homeland Security Advisor Tom 
Ridge to study the Federal Government as a whole to determine 
if the current structure allows us to meet the threats of today 
while preparing for the unknown threats of tomorrow. After 
careful study of the current structure, coupled with the 
experience gained since September 11 and new information we 
have learned about or enemies while fighting a war, I have 
concluded that our Nation needs a more unified homeland 
security structure.
    I propose to create a new Department of Homeland Security 
by substantially transforming the current confusing patchwork 
of government activities into a single department whose primary 
mission is to secure our homeland. My proposal builds on the 
strong bipartisan work on the issue of homeland security that 
has been conducted by Members of Congress. In designing the new 
Department, my Administration considered a number of homeland 
security organizational proposals that have emerged from 
outside studies, commissions, and Members of Congress.
The Need for a Department of Homeland Security
    Today no Federal Government agency has homeland security as 
its primary mission. Responsibilities for homeland security are 
dispersed among more than 100 different entities of the 
FederalGovernment. America needs a unified homeland security structure 
that will improve protection against today's threats and be flexible 
enough to help meet the unknown threats of the future.
    The mission of the new Department would be to prevent 
terrorist attacks within the United States, to reduce America's 
vulnerability to terrorism, and to minimize the damage and 
recover from attacks that may occur. The Department of Homeland 
Security would mobilize and focus the resources of the Federal 
Government, State and local governments, the private sector, 
and the American people to accomplish its mission.
    The Department of Homeland Security would make Americans 
safer because for the first time we would have one department 
dedicated to securing the homeland. One department would secure 
our borders, transportation sector, ports, and critical 
infrastructure. One department would analyze homeland security 
intelligence from multiple sources, synthesize it with a 
comprehensive assessment of America's vulenrabilities, and take 
action to secure our highest risk facilities and systems. One 
department would coordinate communications with State and local 
governments, private industry, and the American people about 
threats and preparedness. One department would coordinate our 
efforts to secure the American people against bioterrorism and 
other weapons of mass destruction. One department would help 
train and equip our first responders. One department would 
manage Federal emergency response activities.
    Our goal is not to expand Government, but to create an 
agile organization that takes advantage of modern technology 
and management techniques to meet a new and constantly evolving 
threat. We can improve our homeland security by minimizing the 
duplication of efforts, improving coordination, and combining 
functions that are currently fragmented and inefficient. The 
new Department would allow us to have more security officers in 
the field working to stop terrorists and fewer resources in 
Washington managing duplicative activities that drain critical 
homeland security resources.
    The Department of Homeland Security would have a clear and 
efficient organizational structure with four main divisions: 
Border and Transportation Security; Emergency Preparedness and 
Response; Chemical, Biological, Radiological and Nuclear 
Countermeasures; and Information Analysis and Infrastructure 
Protection.

Border and Transportation Security

    Terrorism is a global threat and we must improve our border 
security to help keep out those who mean to do us harm. We must 
closely monitor who is coming into and out of our country to 
help prevent foreign terrorists from entering our country and 
bringing in their instruments of terror. At the same time, we 
must expedite the legal flow of people and goods on which our 
economy depends. Securing our borders and controlling entry to 
the United States has always been the responsibility of the 
Federal Government. Yet, this responsibility and the security 
of our transportation systems is now dispersed among several 
major Government organizations. Under my proposed legislation, 
the Department of Homeland Security would unify authority over 
major Federal security operations related to our borders, 
territorial waters, and transportation systems.
    The Department would assume responsibility for the United 
States Coast Guard, the United States Customs Service, the 
Immigration and Naturalization Service (including the Border 
Patrol), the Animal and Plant Health Inspection Service, and 
the Transportation Security Administration. The Secretary of 
Homeland Security would have the authority to administer and 
enforce all immigration and nationality laws, including the 
visa issuance functions of consular officers. As a result, the 
Department would have sole responsibility for managing entry 
into the United States and protecting our transportation 
infrastructure. It would ensure that all aspects of 
bordercontrol, including the issuing of visas, are informed by a 
central information-sharing clearinghouse and compatible databases.

Emergency Preparedness and Response

    Although our top priority is preventing future attacks, we 
must also prepare to minimize the damage and recover from 
attacks that may occur.
    My legislative proposal requires the Department of Homeland 
Security to ensure the preparedness of our Nation's emergency 
response professionals, provide the Federal Government's 
response, and aid America's recovery from terrorist attacks and 
natural disasters. To fulfill these missions, the Department of 
Homeland Security would incorporate the Federal Emergency 
Management Agency (FEMA) as one of its key components. The 
Department would administer the domestic disaster preparedness 
grant programs for firefighters, police, and emergency 
personnel currently managed by FEMA, the Department of Justice, 
and the Department of Health and Human Services. In responding 
to an incident, the Department would manage such critical 
response assets as the Nuclear Emergency Search Team (from the 
Department of Energy) and the National Pharmaceutical Stockpile 
(from the Department of Health and Human Services). Finally, 
the Department of Homeland Security would integrate the Federal 
interagency emergency response plans into a single, 
comprehensive, Government-wide plan, and would work to ensure 
that all response personnel have the equipment and capability 
to communicate with each other as necessary.

Chemical, Biological, Radiological, and Nuclear Countermeasures

    Our enemies today seek to acquire and use the most deadly 
weapons known to mankind--chemical, biological, radiological, 
and nuclear weapons.
    The new Department of Homeland Security would lead the 
Federal Government's efforts in preparing for and responding to 
the full range of terrorist threats involving weapons of mass 
destruction. The Department would set national policy and 
establish guidelines for State and local governments. The 
Department would direct exercises for Federal, State, and local 
chemical, biological, radiological, and nuclear attack response 
teams and plans. The Department would consolidate and 
synchronize the disparate efforts of multiple Federal agencies 
now scattered across several departments. This would create a 
single office whose primary mission is the critical task of 
securing the United States from catastrophic terrorism.
    The Department would improve America's ability to develop 
diagnostics, vaccines, antibodies, antidotes, and other 
countermeasures against new weapons. It would consolidate and 
prioritize the disparate homeland security-related research and 
development programs currently scattered throughout the 
executive branch, and the Department would assist State and 
local public safety agencies by evaluating equipment and 
setting standards.

Information Analysis and Infrastructure Protection

    For the first time the Government would have under one roof 
the capability to identify and assess threats to the homeland, 
map those threats against our vulnerabilities, issue timely 
warnings, and take action to help secure the homeland.
    The Information Analysis and Infrastructure Protection 
division of the new Department of Homeland Security would 
complement the reforms on intelligence-gathering and 
information-sharing already underway at the FBI and the CIA. 
The Department would analyze information and intelligence from 
the FBI, CIA, and many other Federal agencies to better 
understand the terrorist threat to the American homeland.
    The Department would comprehensively assess the 
vulnerability of America's key assets and critical 
infrastructures, including food and water systems, agriculture, 
health systems and emergency services, information and 
telecommunications, banking and finance, energy, 
transportation,the chemical and defense industries, postal and 
shipping entities, and national monuments and icons. The Department 
would integrate its own and others' threat analyses with its 
comprehensive vulnerability assessment to identify protective 
priorities and support protective steps to be taken by the Department, 
other Federal departments and agencies, State and local agencies, and 
the private sector. Working closely with State and local officials, 
other Federal agencies, and the private sector, the Department would 
help ensure that proper steps are taken to protect high-risk potential 
targets.

Other Components

    In addition to these four core divisions, the submitted 
legislation would also transfer responsibility for the Secret 
Service to the Department of Homeland Security. The Secret 
Service, which would report directly to the Secretary of 
Homeland Security, would retain its primary mission to protect 
the President and other Government Leaders. The Secret Service 
would, however, contribute its specialized protective expertise 
to the fulfillment of the Department's core mission.
    Finally, under my legislation, the Department of Homeland 
Security would consolidate and streamline relations with the 
Federal Government for America's State and local governments. 
The new Department would contain an intergovernmental affairs 
office to coordinate Federal homeland security programs with 
State and local officials. It would give State and local 
officials one primary contact instead of many when it comes to 
matters related to training, equipment, planning, and other 
critical needs such as emergency response.
    The consolidation of the Government's homeland security 
efforts as outlined in my proposed legislation can achieve 
great efficiencies that further enhance our security. Yet, to 
achieve these efficiencies, the new Secretary of Homeland 
Security would require considerable flexibility in procurement, 
integration of information technology systems, and personnel 
issues. My proposed legislation provides the Secretary of 
Homeland Security with just such flexibility and managerial 
authorities. I call upon the Congress to implement these 
measures in order to ensure that we are maximizing our ability 
to secure our homeland.

Continued Interagency Coordination at the White House

    Even with the creation of the new Department, there will 
remain a strong need for a White House Office of Homeland 
Security. Protecting America from terrorism will remain a 
multi-departmental issue and will continue to require 
interagency coordination. Presidents will continue to require 
the confidential advice of a Homeland Security Advisor, and I 
intend for the White House Office of Homeland Security and the 
Homeland Security Council to maintain a strong role in 
coordinating our governmentwide efforts to secure the homeland.

The Lessons of History

    History teaches us that new challenges require new 
organizational structures. History also teaches us that 
critical security challenges require clear lines of 
responsibility and the unified effort of the U.S. Government.
    President Truman said, looking at the lessons of the Second 
World War: ``It is now time to discard obsolete organizational 
forms, and to provide for the future the soundest, the most 
effective, and the most economical kind of structure for our 
armed forces.'' When skeptics told President Truman that this 
proposed reorganization was too ambitious to be enacted, he 
simply replied that it had to be. In the years to follow, the 
Congress acted upon President Truman's recommendation, 
eventually laying a sound organizational foundation that 
enabled the United States to win the Cold War. All Americans 
today enjoy the inheritance of this landmark organizational 
reform: a unified Department of Defense that has become the 
most powerful force for freedom the world has ever seen.
    Today America faces a threat that is wholly different from 
the threat we faced during the Cold War. Our terrorist enemies 
hide in shadows and attack civilians with whatever means 
ofdestruction they can access. But as in the Cold War, meeting this 
threat requires clear lines of responsibility and the unified efforts 
of government at all levels--Federal, State, local, and tribal--the 
private sector, and all Americans. America needs a homeland security 
establishment that can help prevent catastrophic attacks and mobilize 
national resources for an enduring conflict while protecting our 
Nation's values and liberties.
    Years from today, our world will still be fighting the 
threat of terrorism. It is my hope that future generations will 
be able to look back on the Homeland Security Act of 2002--as 
we now remember the National Security Act of 1947--as the solid 
organizational foundation for America's triumph in a long and 
difficult struggle against a formidable enemy.
    History has given our Nation new challenges--and important 
new assignments. Only the United States Congress can create a 
new department of Government. We face an urgent need, and I am 
pleased that Congress has responded to my call to act before 
the end of the current congressional session with the same 
bipartisan spirit that allowed us to act expeditiously on 
legislation after September 11.
    These are times that demand bipartisan action and 
bipartisan solutions to meet the new and changing threats we 
face as a Nation. I urge the Congress to join me in creating a 
single, permanent department with an overriding and urgent 
mission--securing the homeland of America and protecting the 
American people. Together we can meet this ambitious deadline 
and help ensure that the American homeland is secure against 
the terrorist threat.

                                                    George W. Bush.
    The White House, June 18, 2002.
    
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