I
107TH CONGRESS
1ST SESSION
H. R. 3026
To establish an Office of Homeland Security within the Executive Office
of the President to lead, oversee, and coordinate a comprehensive national
homeland security strategy to safeguard the Nation.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 4, 2001
Mr. GIBBONS (for himself, Ms. HARMAN, Mr. LAHOOD, Mr. ROEMER, and Mr.
CASTLE) introduced the following bill; which was referred to the Com-
mittee on Government Reform, and in addition to the Committees on
Armed Services, the Judiciary, Transportation and Infrastructure, Intel-
ligence (Permanent Select), and Energy and Commerce, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To establish an Office of Homeland Security within the Exec-
utive Office of the President to lead, oversee, and coordi-
nate a comprehensive national homeland security strat-
egy to safeguard the Nation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Office of Homeland
Security Act of 2001’’.
SEC. 2. OFFICE OF HOMELAND SECURITY.
There is established within the Executive Office of
the President an office to be known as the ‘‘Office of
Homeland Security’’ (in this Act referred to as the ‘‘Of-
fice’’).
SEC. 3. DIRECTOR OF HOMELAND SECURITY.
(a) DIRECTOR.—The head of the Office shall be the
Director of the Office of Homeland Security, who shall
be appointed by the President, by and with the advice and
consent of the Senate. The President shall ensure that the
Director functions as a cabinet-level official.
(b) EXECUTIVE SCHEDULE I PAY RATE FOR DIREC-
TOR.—Section 5312 of title 5, United States Code, is
amended by inserting after the item relating to the Direc-
tor of National Drug Control Policy the following new
item:
‘‘Director of the Office of Homeland Security.’’.
SEC. 4. RESPONSIBILITIES.
Subject to the direction and control of the President,
the responsibilities of the Director shall include the fol-
lowing:
(1) Directing, in consultation with appropriate
Federal and State agencies and Congress, the cre-
ation of a national strategy for homeland security,
as provided in section 5, to include all aspects of
prevention and response to terrorist activities.
(2) Developing, reviewing, and approving, in
collaboration with the Director of the Office of Man-
agement and Budget, a national budget for home-
land security.
(3) Reviewing programs, plans and activities of
the relevant Federal agencies to insure effective im-
plementation of the national homeland security
strategy.
(4) Coordinating the planning and implementa-
tion of all Federal homeland security activities with
relevant Federal agencies for the purposes of remov-
ing 
unnecessary 
duplication 
and 
gaps 
in
counterterrorism activities.
(5) Certifying as part of the budget submission
of the President to Congress the relevance and accu-
racy of counterterrorism budgets from Federal agen-
cies and rejecting budget requests not consistent
with the national homeland security strategy.
(6) Directing and reviewing the development of
a comprehensive national assessment on the threat
to homeland security, which shall be conducted by
the heads of relevant Federal agencies.
(7) Overseeing the appropriate sharing of infor-
mation among Federal, State, and local agencies in-
volved in intelligence collection and law enforcement
for the purpose of protecting homeland security.
(9) Establishing a center within the Office to
analyze and publicize as appropriate lessons learned
from homeland security exercises conducted by Fed-
eral, State, and local government agencies and other
organizations involved in terrorism response.
(10) Consulting regularly with Congress on all
issues relating to homeland security.
(11) Attending meetings of the President’s cab-
inet and the National Security Council relating to
counterterrorism and homeland security.
(12) Serving as the President’s principal
spokesperson on issues relevant to homeland secu-
rity.
SEC. 5. NATIONAL HOMELAND SECURITY STRATEGY.
The national homeland security strategy created
under section 4 shall include the following:
(1) A comprehensive research, development, and
procurement plan for supporting homeland security.
(2) Mechanisms to insure the flexibility and mo-
bility in Federal personnel policies and practices to
achieve maximum effective use of personnel among
all concerned agencies.
(3) Policies and procedures to maximize the col-
lection, analysis, translation, exploitation, and dis-
semination of, throughout the Federal Government
and with State and local authorities, information rel-
evant to homeland security concerns.
(4) Plans for improving the resources of, co-
ordination among, and effectiveness of health and
medical sectors for detecting and responding to ter-
rorist attacks on the homeland.
(5) Specific measures to enhance cooperative ef-
forts between the public and private sectors in pro-
tecting homeland security.
SEC. 6. OFFICERS AND STAFF OF OFFICE.
(a) OFFICERS.—The President shall assign to the Of-
fice such officers in addition to the Director, if any, as
the President, in consultation with the Director, considers
appropriate to discharge the responsibilities of the Office.
(b) STAFF.—The Director may appoint such employ-
ees, and may detail employees from other agencies, as nec-
essary to carry out the functions of the Office. Such em-
ployees shall include individuals with relevant State and
local expertise.
SEC. 7. HOMELAND SECURITY ADVISORY COUNCIL.
(a) ESTABLISHMENT.—There is established a Home-
land Security Advisory Council. The Council shall—
(1) advise the President and the Director of the
Office of Homeland Security on the creation and im-
plementation of the national strategy for homeland
security; and
(2) advise the Director on the operation of the
Office of Homeland Security.
(b) CHAIR.—The Director of the Office of Homeland
Security shall be the Chair of the Council.
(c) MEMBERS.—The members of the Council shall be
the following:
(1) The Secretary of State.
(2) The Secretary of the Treasury.
(3) The Secretary of Defense.
(4) The Attorney General.
(5) The Secretary of Agriculture.
(6) The Secretary of Health and Human Serv-
ices.
(7) The Secretary of Transportation.
(8) The Secretary of Veterans Affairs.
(9) The Director of the Office of Management
and Budget.
(10) The Director of the Central Intelligence
Agency.
(11) The Director of the Federal Bureau of In-
vestigation.
(12) The Director of the Federal Emergency
Management Agency.
(13) The Director of the Centers for Disease
Control and Prevention.
(14) The Assistant to the President for Na-
tional Security Affairs.
(15) Such other Federal and other officials as
may be designated by the President or the Director
of the Office.
SEC. 8. REVIEW OF LEGAL AUTHORITIES.
(a) REVIEW.—The Director of the Office of Home-
land Security shall conduct a review of the legal authori-
ties needed but not currently provided to prevent and re-
spond effectively to terrorist threats, including legal au-
thorities regarding the role of the Department of Defense
in homeland security and the imposition of regulations on
civilian populations and private entities during a state of
emergency.
(b) REPORT TO CONGRESS.—The Director shall sub-
mit to Congress a report of the results of the review under
subsection (a). The report shall be submitted not later
than 90 days after the date of the enactment of this Act
and shall include recommendations for addressing short-
comings in current legal authority.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such
amounts as are necessary to carry out this Act.
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