I

107TH CONGRESS

1ST SESSION H. R. 1158

To establish the National Homeland Security Agency.

IN THE HOUSE OF REPRESENTATIVES

MARCH 21, 2001

Mr. THORNBERRY introduced the following bill; which was referred to the

Committee on Government Reform

A BILL

To establish the National Homeland Security Agency.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Homeland

5 Security Agency Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:

8 (1) The security of the United States homeland

9 from nontraditional and emerging threats must be a

10 primary national security mission of the United

11 States Government. Attacks against United States

12 citizens on United States soil, possibly causing heavy
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1 casualties, are likely during the next quarter cen2 tury, as both the technical means for carrying out

3 such attacks, and the array of actors who might use

4 such means, are proliferating despite the best efforts

5 of United States diplomacy.

6 (2) Attacks on United States soil may involve

7 weapons of mass destruction and weapons of mass

8 disruption. As porous as United States physical bor9 ders are in an age of burgeoning trade and travel,

10 its cyber borders are even more vulnerable, and the

11 critical infrastructure upon which so much of the

12 United States economy depends can now be targeted

13 by governments as well as individuals. The pre14 eminence of the United States makes it more appeal15 ing as a target, while its openness and freedoms

16 make it more vulnerable.

17 (3) Despite the serious threat to homeland se18 curity, the United States Government has not yet

19 adopted homeland security as a primary national se20 curity mission. Its structures and strategies are

21 fragmented and inadequate. The assets and organi22 zations that now exist for homeland security are

23 scattered across more than two dozen departments

24 and agencies, and all 50 States.
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1 (4) Guaranteeing that homeland security is

2 achieved within a framework of law that protects the

3 civil liberties and privacy of United States citizens is

4 essential. The United States Government must im5 prove national security without compromising estab6 lished constitutional principles.

7 (5) A comprehensive strategy and new organi8 zational structures to prevent and protect against

9 attacks on the United States homeland, and to re10 spond to such attacks if prevention and protection

11 should fail, are urgently needed.

12 (6) Through the National Homeland Security

13 Agency, the United States Government will improve

14 the planning and coordination of Federal support to

15 State and local agencies to rationalize the allocation

16 of resources, enhance readiness in order to prevent

17 attacks, and facilitate recovery if prevention fails.

18 SEC. 3. ESTABLISHMENT OF NATIONAL HOMELAND SECU19 RITY AGENCY.

20 (a) ESTABLISHMENT.—There is established a Na21 tional Homeland Security Agency (hereinafter in this Act

22 referred to as the ‘‘Agency’’).

23 (b) DIRECTOR.—There shall be at the head of the

24 Agency a Director, who shall be appointed by the Presi25 dent by and with the advice and consent of the Senate.
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1 The Director shall be compensated at the rate provided

2 for level I of the Executive Schedule under section 5312

3 of title 5, United States Code. The Director shall serve

4 as an advisor to the National Security Council.

5 (c) DUTIES.—The duties of the Director shall be the

6 following:

7 (1) To plan, coordinate, and integrate those

8 United States Government activities relating to

9 homeland security, including border security and

10 emergency preparedness, and to act as a focal point

11 regarding natural and manmade crises and emer12 gency planning.

13 (2) To work with State and local governments

14 and executive agencies in protecting United States

15 homeland security, and to support State officials

16 through the use of regional offices around the coun17 try.

18 (3) To provide overall planning guidance to ex19 ecutive agencies regarding United States homeland

20 security.

21 (4) To conduct exercise and training programs

22 for employees of the Agency and establish effective

23 command and control procedures for the full range

24 of potential contingencies regarding United States
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1 homeland security, including contingencies that re2 quire the substantial support of military assets.

3 (5) To annually develop a Federal response

4 plan for homeland security and emergency prepared5 ness.

6 SEC. 4. TRANSFER OF AUTHORITIES, FUNCTIONS, PER7 SONNEL, AND ASSETS TO AGENCY.

8 The authorities, functions, personnel, and assets of

9 the following entities are hereby transferred to the Agency:

10 (1) The Federal Emergency Management Agen11 cy, the ten regional offices of which shall be main12 tained and strengthened by the Agency.

13 (2) The United States Customs Service, which

14 shall be maintained as a distinct entity within the

15 Agency.

16 (3) The Border Patrol of the Immigration and

17 Naturalization Service, which shall be maintained as

18 a distinct entity within the Agency.

19 (4) The United States Coast Guard, which shall

20 be maintained as a distinct entity within the Agency.

21 (5) The Critical Infrastructure Assurance Of22 fice and the Institute of Information Infrastructure

23 Protection of the Department of Commerce.
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1 (6) The National Infrastructure Protection

2 Center and the National Domestic Preparedness Of3 fice of the Federal Bureau of Investigation.

4 SEC. 5. ESTABLISHMENT OF DIRECTORATES AND OFFICE.

5 (a) ESTABLISHMENT OF DIRECTORATES.—The fol6 lowing staff directorates are hereby established within the

7 Agency:

8 (1) DIRECTORATE OF PREVENTION.—The Di9 rectorate of Prevention, which shall be responsible

10 for the following:

11 (A) Overseeing and coordinating all United

12 States border security activities.

13 (B) Developing border and maritime secu14 rity policy for the United States.

15 (C) Developing and implementing inter16 national standards for enhanced security in

17 transportation nodes.

18 (2) DIRECTORATE OF CRITICAL INFRASTRUC19 TURE PROTECTION.—The Directorate of Critical In20 frastructure Protection, which shall be responsible

21 for the following:

22 (A) Acting as the Critical Information

23 Technology, Assurance, and Security Officer of

24 the Agency to coordinate efforts to address the

25 vulnerability of the United States to electronic
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1 or physical attacks on critical infrastructure of

2 the United States, including utilities, transpor3 tation nodes, and energy resources.

4 (B) Overseeing the protection of such in5 frastructure and the physical assets and infor6 mation networks that make up such infrastruc7 ture.

8 (C) Ensuring the maintenance of a nucleus

9 of cyber security experts within the United

10 States Government.

11 (D) Enhancing sharing of information re12 garding cyber security and physical security of

13 the United States, tracking vulnerabilities and

14 proposing improved risk management policies,

15 and delineating the roles of various government

16 agencies in preventing, defending, and recov17 ering from attacks.

18 (E) Coordinating with the Federal Com19 munications Commission in helping to establish

20 cyber security policy, standards, and enforce21 ment mechanisms, and working closely with the

22 Federal Communications Commission on cyber

23 security issues with respect to international

24 bodies.
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1 (F) Coordinating the activities of Informa2 tion Sharing and Analysis Centers to share in3 formation on threats, vulnerabilities, individual

4 incidents, and privacy issues regarding United

5 States homeland security.

6 (G) Assuming the responsibilities carried

7 out by the Critical Infrastructure Assurance Of8 fice before the date of the enactment of this

9 Act.

10 (H) Assuming the responsibilities carried

11 out by the National Infrastructure Protection

12 Center before the date of the enactment of this

13 Act.

14 (I) Supporting and overseeing the manage15 ment of the Institute for Information Infra16 structure Protection.

17 (3) DIRECTORATE FOR EMERGENCY PREPARED18 NESS AND RESPONSE.—The Directorate for Emer19 gency Preparedness and Response, which shall be re20 sponsible for the following:

21 (A) Carrying out all emergency prepared22 ness and response activities carried out by the

23 Federal Emergency Management Agency before

24 the date of the enactment of this Act.
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1 (B) Assuming the responsibilities carried

2 out by the National Domestic Preparedness Of3 fice before the date of the enactment of this

4 Act.

5 (C) Organizing and training local entities

6 to respond to emergencies and providing State

7 and local authorities with equipment for detec8 tion, protection, and decontamination in an

9 emergency involving weapons of mass destruc10 tion.

11 (D) Overseeing Federal, State, and local

12 emergency preparedness training and exercise

13 programs in keeping with current intelligence

14 estimates and providing a single staff for Fed15 eral assistance for any emergency (including

16 emergencies caused by flood, earthquake, hurri17 cane, disease, or terrorist bomb).

18 (E) Creating a National Crisis Action Cen19 ter to act as the focal point for monitoring

20 emergencies and for coordinating Federal sup21 port for State and local governments and the

22 private sector in crises.

23 (F) Establishing training and equipment

24 standards, providing resource grants, and en25 couraging intelligence and information sharing
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1 among the Department of Defense, the Federal

2 Bureau of Investigation, the Central Intel3 ligence Agency, State emergency management

4 officials, and local first responders.

5 (G) Coordinating and integrating activities

6 of the Department of Defense, the National

7 Guard, and other Federal agencies into a Fed8 eral response plan.

9 (H) Coordinating activities among private

10 sector entities, including entities within the

11 medical community, with respect to recovery,

12 consequence management, and planning for

13 continuity of services.

14 (I) Developing and managing a single re15 sponse system for national incidents in coordi16 nation with the Department of Justice, the

17 Federal Bureau of Investigation, the Depart18 ment of Health and Human Services, and the

19 Centers for Disease Control.

20 (J) Maintaining Federal asset databases

21 and supporting up-to-date State and local data22 bases.

23 (b) ESTABLISHMENT OF OFFICE OF SCIENCE AND

24 TECHNOLOGY.—There is established in the Agency an Of25 fice of Science and Technology, the purpose of which shall
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1 be to advise the Director regarding research and develop2 ment efforts and priorities for the directorates established

3 in subsection (a).

4 SEC. 6. REPORTING REQUIREMENTS.

5 (a) BIENNIAL REPORTS.—The Director shall submit

6 to Congress on a biennial basis—

7 (1) a report assessing the resources and re8 quirements of executive agencies relating to border

9 security and emergency preparedness issues; and

10 (2) a report certifying the preparedness of the

11 United States to prevent, protect against, and re12 spond to natural disasters, cyber attacks, and inci13 dents involving weapons of mass destruction.

14 (b) ADDITIONAL REPORT.—Not later than the date

15 that is one year after the date of the enactment of this

16 Act, the Director shall submit to Congress a report—

17 (1) assessing the progress of the Agency in—

18 (A) implementing the provisions of this

19 Act; and

20 (B) ensuring the core functions of each en21 tity transferred to the Agency are maintained

22 and strengthened; and

23 (2) recommending any conforming changes in

24 law necessary as a result of the enactment and im25 plementation of this Act.
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1 SEC. 7. COORDINATION WITH OTHER ORGANIZATIONS.

2 The Director shall establish and maintain strong

3 mechanisms for the sharing of information and intel4 ligence with United States and international intelligence

5 entities.

6 SEC. 8. PLANNING, PROGRAMMING, AND BUDGETING PROC7 ESS.

8 The Director shall establish procedures to ensure that

9 the planning, programming, budgeting, and financial ac10 tivities of the Agency comport with sound financial and

11 fiscal management principles. Those procedures shall, at

12 a minimum, provide for the planning, programming, and

13 budgeting of activities of the Agency using funds that are

14 available for obligation for a limited number of years.

15 SEC. 9. ENVIRONMENTAL PROTECTION, SAFETY, AND

16 HEALTH REQUIREMENTS.

17 The Director shall—

18 (1) ensure that the Agency complies with all ap19 plicable environmental, safety, and health statutes

20 and substantive requirements; and

21 (2) develop procedures for meeting such re22 quirements.

23 SEC. 10. EFFECTIVE DATE.

24 This Act shall take effect on the date that is 6

25 months after the date of the enactment of this Act.

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