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107TH CONGRESS
2D SESSION
H. R. 5005
To establish the Department of Homeland Security, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 24, 2002
Mr. ARMEY (for himself, Mr. HASTERT, Mr. DELAY, Mr. WATTS of Okla-
homa, Mr. COX, Ms. PRYCE of Ohio, Mrs. CUBIN, Mr. TOM DAVIS of Vir-
ginia, Mr. BLUNT, Mr. PORTMAN, Mr. ADERHOLT, Mr. AKIN, Mr.
BALLENGER, Mr. BARR of Georgia, Mr. BASS, Mr. BEREUTER, Mr.
BOEHLERT, Mr. BONILLA, Mrs. BONO, Mr. BRADY of Texas, Mr. BROWN
of South Carolina, Mr. BURTON of Indiana, Mr. BUYER, Mr. CALVERT,
Mr. CAMP, Mr. CANTOR, Mrs. CAPITO, Mr. CASTLE, Mr. CHAMBLISS, Mr.
COOKSEY, Mr. CRENSHAW, Mrs. JO ANN DAVIS of Virginia, Mr. DREIER,
Mr. DEMINT, Ms. DUNN of Washington, Mr. EHRLICH, Mr. ENGLISH,
Mr. FERGUSON, Mr. FORBES, Mr. FOSSELLA, Mr. GANSKE, Mr. GEKAS,
Mr. GIBBONS, Mr. GILMAN, Mr. GILLMOR, Mr. GOODE, Ms. GRANGER,
Mr. GREEN of Wisconsin, Mr. GREENWOOD, Mr. GRUCCI, Mr. HANSEN,
Ms. HARMAN, Ms. HART, Mr. HASTINGS of Washington, Mr. HAYES, Mr.
HAYWORTH, Mr. HEFLEY, Mr. HERGER, Mr. HOEKSTRA, Mr. HORN, Mr.
HOUGHTON, Mr. ISSA, Mr. JENKINS, Mrs. JOHNSON of Connecticut, Mr.
KELLER, Mrs. KELLY, Mr. KING, Mr. KOLBE, Mr. LAHOOD, Mr. LIN-
DER, Mr. MCCRERY, Mr. MCKEON, Mr. MALONEY of Connecticut, Mr.
MANZULLO, Mr. DAN MILLER of Florida, Mr. GARY G. MILLER of Cali-
fornia, Mrs. MORELLA, Mrs. MYRICK, Mr. NUSSLE, Mr. OSBORNE, Mr.
OXLEY, Mr. PICKERING, Mr. PITTS, Mr. PUTNAM, Mr. REHBERG, Mr.
ROHRABACHER, Mr. ROYCE, Mrs. ROUKEMA, Mr. RYUN of Kansas, Mr.
SAXTON, Mr. SCHROCK, Mr. SENSENBRENNER, Mr. SESSIONS, Mr.
SHAW, Mr. SHAYS, Mr. SHERWOOD, Mr. SIMPSON, Mr. SKEEN, Mr.
SOUDER, Mr. SWEENEY, Mr. TANCREDO, Mr. TAUZIN, Mr. THORN-
BERRY, Mr. TIBERI, Mr. UPTON, Mr. SHIMKUS, Mr. WALDEN, Mr.
WAMP, Mr. WELDON of Pennsylvania, Mr. WELLER, Mr. WHITFIELD,
Mr. WICKER, Mrs. WILSON of New Mexico, and Mr. WILSON of South
Carolina) (all by request) introduced the following bill; pursuant to House
Resolution 449, referred to the Select Committee on Homeland Security
for a period to be subsequently determined by the Speaker, and in addi-
tion to the Committees on Agriculture, Appropriations, Armed Services,
Energy and Commerce, Financial Services, Government Reform, Intel-
ligence (Permanent Select), International Relations, the Judiciary,
Science, Transportation and Infrastructure, and Ways and Means, for a
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period ending not later than July 12, 2002, in each case for consideration
of such matters as fall within the jurisdiction of the committee concerned
A BILL
To establish the Department of Homeland Security, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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
‘‘Homeland Security Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Construction; severability.
Sec. 4. Effective date.
TITLE I—DEPARTMENT OF HOMELAND SECURITY
Sec. 101. Executive department; mission.
Sec. 102. Secretary; functions.
Sec. 103. Other officers.
TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE
PROTECTION
Sec. 201. Under Secretary for Information Analysis and Infrastructure Protec-
tion.
Sec. 202. Functions transferred.
Sec. 203. Access to information.
Sec. 204. Information voluntarily provided.
TITLE III—CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND
NUCLEAR COUNTERMEASURES
Sec. 301. Under Secretary for Chemical, Biological, Radiological, and Nuclear
Countermeasures.
Sec. 302. Functions transferred.
Sec. 303. Conduct of certain public health-related activities.
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Sec. 304. Military activities.
TITLE IV—BORDER AND TRANSPORTATION SECURITY
Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Functions transferred.
Sec. 403. Visa issuance.
TITLE V—EMERGENCY PREPAREDNESS AND RESPONSE
Sec. 501. Under Secretary for Emergency Preparedness and Response.
Sec. 502. Functions transferred.
Sec. 503. Nuclear incident response.
Sec. 504. Definition.
Sec. 505. Conduct of certain public health-related activities.
TITLE VI—MANAGEMENT
Sec. 601. Under Secretary for Management.
Sec. 602. Chief Financial Officer.
Sec. 603. Chief Information Officer.
TITLE VII—COORDINATION WITH NON-FEDERAL ENTITIES; IN-
SPECTOR GENERAL; UNITED STATES SECRET SERVICE; GEN-
ERAL PROVISIONS
Subtitle A—Coordination With Non-Federal Entities
Sec. 701. Responsibilities.
Subtitle B—Inspector General
Sec. 710. Authority of the Secretary.
Subtitle C—United States Secret Service
Sec. 720. Functions transferred.
Subtitle D—General Provisions
Sec. 730. Establishment of human resources management system.
Sec. 731. Advisory committees.
Sec. 732. Acquisitions; property.
Sec. 733. Reorganization; transfer.
Sec. 734. Miscellaneous provisions.
Sec. 735. Authorization of appropriations.
TITLE VIII—TRANSITION
Sec. 801. Definitions.
Sec. 802. Transfer of agencies.
Sec. 803. Transitional authorities.
Sec. 804. Savings provisions.
Sec. 805. Terminations.
Sec. 806. Incidental transfers.
TITLE IX—CONFORMING AND TECHNICAL AMENDMENTS
Sec. 901. Inspector General Act.
Sec. 902. Executive schedule.
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Sec. 903. United States Secret Service.
Sec. 904. Coast Guard.
Sec. 905. Strategic national stockpile and smallpox vaccine development.
Sec. 906. Select agent registration.
Sec. 907. National Bio-Weapons Defense Analysis Center.
SEC. 2. DEFINITIONS.
Unless the context clearly indicates otherwise, the fol-
lowing shall apply for purposes of this Act:
(1) The term ‘‘American homeland’’ or ‘‘home-
land’’ means the United States, in a geographic
sense.
(2) The term ‘‘assets’’ includes contracts, facili-
ties, property, records, unobligated or unexpended
balances of appropriations, and other funds or re-
sources (other than personnel).
(3) The term ‘‘Department’’ means the Depart-
ment of Homeland Security.
(4) The term ‘‘emergency response providers’’
includes Federal, State, and local government emer-
gency public safety, law enforcement, emergency re-
sponse, emergency medical, and related personnel,
agencies, and authorities.
(5) The term ‘‘executive agency’’ means an ex-
ecutive agency and a military department, as de-
fined, respectively, in sections 105 and 102 of title
5, United States Code.
(6) The term ‘‘functions’’ includes authorities,
powers, rights, privileges, immunities, programs,
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projects, activities, duties, responsibilities, and obli-
gations.
(7) The term ‘‘local government’’ has the mean-
ing given in section 102(6) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Pub-
lic Law 93–288).
(8) The term ‘‘major disaster’’ has the meaning
given in section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Pub-
lic Law 93–288).
(9) The term ‘‘personnel’’ means officers and
employees.
(10) The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
(11) The term ‘‘United States’’, when used in
a geographic sense, means any State (within the
meaning of section 102(4) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Pub-
lic Law 93–288)), any possession of the United
States, and any waters within the jurisdiction of the
United States.
SEC. 3. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unen-
forceable by its terms, or as applied to any person or cir-
cumstance, shall be construed so as to give it the max-
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imum effect permitted by law, unless such holding shall
be one of utter invalidity or unenforceability, in which
event such provision shall be deemed severable from this
Act and shall not affect the remainder thereof, or the ap-
plication of such provision to other persons not similarly
situated or to other, dissimilar circumstances.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect thirty days after the date
of enactment or, if enacted within thirty days before Janu-
ary 1, 2003, on January 1, 2003.
TITLE I—DEPARTMENT OF
HOMELAND SECURITY
SEC. 101. EXECUTIVE DEPARTMENT; MISSION.
(a) ESTABLISHMENT.—There is established a De-
partment of Homeland Security, as an executive depart-
ment of the United States within the meaning of title 5,
United States Code.
(b) MISSION.—(1) The primary mission of the De-
partment is to—
(A) prevent terrorist attacks within the United
States;
(B) reduce the vulnerability of the United
States to terrorism; and
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poses of chapter 33, subchapter 3, of title 5, United
States Code.
(2) An Under Secretary for Information Anal-
ysis and Infrastructure Protection.
(3) An Under Secretary for Chemical, Biologi-
cal, Radiological, and Nuclear Countermeasures.
(4) An Under Secretary for Border and Trans-
portation Security.
(5) An Under Secretary for Emergency Pre-
paredness and Response.
(6) An Under Secretary for Management.
(7) Not more than six Assistant Secretaries.
(b) INSPECTOR GENERAL.—To assist the Secretary
in the performance of his functions, there is an Inspector
General, who shall be appointed as provided in section
3(a) of the Inspector General Act of 1978.
(c) COMMANDANT OF THE COAST GUARD.—To assist
the Secretary in the performance of his functions, there
is a Commandant of the Coast Guard, who shall be ap-
pointed as provided in section 44 of title 14, United States
Code.
(d) OTHER OFFICERS.—To assist the Secretary in
the performance of his functions, there are the following
officers, appointed by the President:
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(1) A General Counsel, who shall be the chief
legal officer of the Department.
(2) Not more than ten Assistant Secretaries.
(3) A Director of the Secret Service.
(4) A Chief Financial Officer.
(5) A Chief Information Officer.
(e) PERFORMANCE OF SPECIFIC FUNCTIONS.—Sub-
ject to the provisions of this Act, every officer of the de-
partment shall perform the functions specified by law for
his office or prescribed by the Secretary.
TITLE II—INFORMATION ANAL-
YSIS AND INFRASTRUCTURE
PROTECTION
SEC. 201. UNDER SECRETARY FOR INFORMATION ANALYSIS
AND INFRASTRUCTURE PROTECTION.
In assisting the Secretary with the responsibilities
specified in section 101(b)(2)(A), the primary responsibil-
ities of the Under Secretary for Information Analysis and
Infrastructure Protection shall include—
(1) receiving and analyzing law enforcement in-
formation, intelligence, and other information in
order to understand the nature and scope of the ter-
rorist threat to the American homeland and to de-
tect and identify potential threats of terrorism with-
in the United States;
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(2) comprehensively assessing the vulnerabilities
of the key resources and critical infrastructures in
the United States;
(3) integrating relevant information, intelligence
analyses, and vulnerability assessments (whether
such information, analyses, or assessments are pro-
vided or produced by the Department or others) to
identify protective priorities and support protective
measures by the Department, by other executive
agencies, by State and local government personnel,
agencies, and authorities, by the private sector, and
by other entities;
(4) developing a comprehensive national plan
for securing the key resources and critical infra-
structures in the United States;
(5) taking or seeking to effect necessary meas-
ures to protect the key resources and critical infra-
structures in the United States, in coordination with
other executive agencies and in cooperation with
State and local government personnel, agencies, and
authorities, the private sector, and other entities;
(6) administering the Homeland Security Advi-
sory System, exercising primary responsibility for
public threat advisories, and (in coordination with
other executive agencies) providing specific warning
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information to State and local government per-
sonnel, agencies, and authorities, the private sector,
other entities, and the public, as well as advice about
appropriate protective actions and countermeasures;
and
(7) reviewing, analyzing, and making rec-
ommendations for improvements in the policies and
procedures governing the sharing of law enforce-
ment, intelligence, and other information relating to
homeland security within the Federal Government
and between such government and State and local
government personnel, agencies, and authorities.
SEC. 202. FUNCTIONS TRANSFERRED.
In accordance with title VIII, there shall be trans-
ferred to the Secretary the functions, personnel, assets,
and liabilities of the following entities—
(1) the National Infrastructure Protection Cen-
ter of the Federal Bureau of Investigation (other
than the Computer Investigations and Operations
Section), including the functions of the Attorney
General relating thereto;
(2) the National Communications System of the
Department of Defense, including the functions of
the Secretary of Defense relating thereto;
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(3) the Critical Infrastructure Assurance Office
of the Department of Commerce, including the func-
tions of the Secretary of Commerce relating thereto;
(4) the Computer Security Division of the Na-
tional Institute of Standards and Technology, in-
cluding the functions of the Secretary of Commerce
relating thereto;
(5) the National Infrastructure Simulation and
Analysis Center of the Department of Energy, in-
cluding the functions of the Secretary of Energy re-
lating thereto; and
(6) the Federal Computer Incident Response
Center of the General Services Administration, in-
cluding the functions of the Administrator of Gen-
eral Services relating thereto.
SEC. 203. ACCESS TO INFORMATION.
The Secretary shall have access to all reports, assess-
ments, and analytical information relating to threats of
terrorism in the United States and to other areas of re-
sponsibility described in section 101(b), and to all infor-
mation concerning infrastructure or other vulnerabilities
of the United States to terrorism, whether or not such
information has been analyzed, that may be collected, pos-
sessed, or prepared by any executive agency, except as oth-
erwise directed by the President. The Secretary shall also
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have access to other information relating to the foregoing
matters that may be collected, possessed, or prepared by
an executive agency, as the President may further provide.
With respect to the material to which the Secretary has
access under this section—
(1) the Secretary may obtain such material by
request, and may enter into cooperative arrange-
ments with other executive agencies to share such
material on a regular or routine basis, including re-
quests or arrangements involving broad categories of
material;
(2) regardless of whether the Secretary has
made any request or entered into any cooperative ar-
rangement pursuant to paragraph (1), all executive
agencies promptly shall provide to the Secretary—
(A) all reports, assessments, and analytical
information relating to threats of terrorism in
the United States and to other areas of respon-
sibility described in section 101(b);
(B) all information concerning infrastruc-
ture or other vulnerabilities of the United
States to terrorism, whether or not such infor-
mation has been analyzed;
(C) all information relating to significant
and credible threats of terrorism in the United