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.
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 ‘‘National Homeland
Security Agency Act’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The security of the United States homeland
from nontraditional and emerging threats must be a
primary national security mission of the United
States Government. Attacks against United States
citizens on United States soil, possibly causing heavy
casualties, are likely during the next quarter cen-
tury, as both the technical means for carrying out
such attacks, and the array of actors who might use
such means, are proliferating despite the best efforts
of United States diplomacy.
(2) Attacks on United States soil may involve
weapons of mass destruction and weapons of mass
disruption. As porous as United States physical bor-
ders are in an age of burgeoning trade and travel,
its cyber borders are even more vulnerable, and the
critical infrastructure upon which so much of the
United States economy depends can now be targeted
by governments as well as individuals. The pre-
eminence of the United States makes it more appeal-
ing as a target, while its openness and freedoms
make it more vulnerable.
(3) Despite the serious threat to homeland se-
curity, the United States Government has not yet
adopted homeland security as a primary national se-
curity mission. Its structures and strategies are
fragmented and inadequate. The assets and organi-
zations that now exist for homeland security are
scattered across more than two dozen departments
and agencies, and all 50 States.
(4) Guaranteeing that homeland security is
achieved within a framework of law that protects the
civil liberties and privacy of United States citizens is
essential. The United States Government must im-
prove national security without compromising estab-
lished constitutional principles.
(5) A comprehensive strategy and new organi-
zational structures to prevent and protect against
attacks on the United States homeland, and to re-
spond to such attacks if prevention and protection
should fail, are urgently needed.
(6) Through the National Homeland Security
Agency, the United States Government will improve
the planning and coordination of Federal support to
State and local agencies to rationalize the allocation
of resources, enhance readiness in order to prevent
attacks, and facilitate recovery if prevention fails.
SEC. 3. ESTABLISHMENT OF NATIONAL HOMELAND SECU-
RITY AGENCY.
(a) ESTABLISHMENT.—There is established a Na-
tional Homeland Security Agency (hereinafter in this Act
referred to as the ‘‘Agency’’).
(b) DIRECTOR.—There shall be at the head of the
Agency a Director, who shall be appointed by the Presi-
dent by and with the advice and consent of the Senate.
The Director shall be compensated at the rate provided
for level I of the Executive Schedule under section 5312
of title 5, United States Code. The Director shall serve
as an advisor to the National Security Council.
(c) DUTIES.—The duties of the Director shall be the
following:
(1) To plan, coordinate, and integrate those
United States Government activities relating to
homeland security, including border security and
emergency preparedness, and to act as a focal point
regarding natural and manmade crises and emer-
gency planning.
(2) To work with State and local governments
and executive agencies in protecting United States
homeland security, and to support State officials
through the use of regional offices around the coun-
try.
(3) To provide overall planning guidance to ex-
ecutive agencies regarding United States homeland
security.
(4) To conduct exercise and training programs
for employees of the Agency and establish effective
command and control procedures for the full range
of potential contingencies regarding United States
homeland security, including contingencies that re-
quire the substantial support of military assets.
(5) To annually develop a Federal response
plan for homeland security and emergency prepared-
ness.
SEC. 4. TRANSFER OF AUTHORITIES, FUNCTIONS, PER-
SONNEL, AND ASSETS TO AGENCY.
The authorities, functions, personnel, and assets of
the following entities are hereby transferred to the Agency:
(1) The Federal Emergency Management Agen-
cy, the ten regional offices of which shall be main-
tained and strengthened by the Agency.
(2) The United States Customs Service, which
shall be maintained as a distinct entity within the
Agency.
(3) The Border Patrol of the Immigration and
Naturalization Service, which shall be maintained as
a distinct entity within the Agency.
(4) The United States Coast Guard, which shall
be maintained as a distinct entity within the Agency.
(5) The Critical Infrastructure Assurance Of-
fice and the Institute of Information Infrastructure
Protection of the Department of Commerce.
(6) The National Infrastructure Protection
Center and the National Domestic Preparedness Of-
fice of the Federal Bureau of Investigation.
SEC. 5. ESTABLISHMENT OF DIRECTORATES AND OFFICE.
(a) ESTABLISHMENT OF DIRECTORATES.—The fol-
lowing staff directorates are hereby established within the
Agency:
(1) DIRECTORATE OF PREVENTION.—The Di-
rectorate of Prevention, which shall be responsible
for the following:
(A) Overseeing and coordinating all United
States border security activities.
(B) Developing border and maritime secu-
rity policy for the United States.
(C) Developing and implementing inter-
national standards for enhanced security in
transportation nodes.
(2) DIRECTORATE
OF
CRITICAL
INFRASTRUC-
TURE PROTECTION.—The Directorate of Critical In-
frastructure Protection, which shall be responsible
for the following:
(A) Acting as the Critical Information
Technology, Assurance, and Security Officer of
the Agency 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, transpor-
tation nodes, and energy resources.
(B) Overseeing the protection of such in-
frastructure and the physical assets and infor-
mation networks that make up such infrastruc-
ture.
(C) Ensuring the maintenance of a nucleus
of cyber security experts within the United
States Government.
(D) Enhancing sharing of information re-
garding 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 recov-
ering from attacks.
(E) Coordinating with the Federal Com-
munications Commission in helping to establish
cyber security policy, standards, and enforce-
ment mechanisms, and working closely with the
Federal Communications Commission on cyber
security issues with respect to international
bodies.
(F) Coordinating the activities of Informa-
tion Sharing and Analysis Centers to share in-
formation on threats, vulnerabilities, individual
incidents, and privacy issues regarding United
States homeland security.
(G) Assuming the responsibilities carried
out by the Critical Infrastructure Assurance Of-
fice before the date of the enactment of this
Act.
(H) Assuming the responsibilities carried
out by the National Infrastructure Protection
Center before the date of the enactment of this
Act.
(I) Supporting and overseeing the manage-
ment of the Institute for Information Infra-
structure Protection.
(3) DIRECTORATE FOR EMERGENCY PREPARED-
NESS AND RESPONSE.—The Directorate for Emer-
gency Preparedness and Response, which shall be re-
sponsible for the following:
(A) Carrying out all emergency prepared-
ness and response activities carried out by the
Federal Emergency Management Agency before
the date of the enactment of this Act.
(B) Assuming the responsibilities carried
out by the National Domestic Preparedness Of-
fice before the date of the enactment of this
Act.
(C) Organizing and training local entities
to respond to emergencies and providing State
and local authorities with equipment for detec-
tion, protection, and decontamination in an
emergency involving weapons of mass destruc-
tion.
(D) Overseeing Federal, State, and local
emergency preparedness training and exercise
programs in keeping with current intelligence
estimates and providing a single staff for Fed-
eral assistance for any emergency (including
emergencies caused by flood, earthquake, hurri-
cane, disease, or terrorist bomb).
(E) Creating a National Crisis Action Cen-
ter to act as the focal point for monitoring
emergencies and for coordinating Federal sup-
port for State and local governments and the
private sector in crises.
(F) Establishing training and equipment
standards, providing resource grants, and en-
couraging intelligence and information sharing
among the Department of Defense, the Federal
Bureau of Investigation, the Central Intel-
ligence Agency, State emergency management
officials, and local first responders.
(G) Coordinating and integrating activities
of the Department of Defense, the National
Guard, and other Federal agencies into a Fed-
eral 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 re-
sponse system for national incidents in coordi-
nation with the Department of Justice, the
Federal Bureau of Investigation, the Depart-
ment of Health and Human Services, and the
Centers for Disease Control.
(J) Maintaining Federal asset databases
and supporting up-to-date State and local data-
bases.
(b) ESTABLISHMENT OF OFFICE OF SCIENCE AND
TECHNOLOGY.—There is established in the Agency an Of-
fice of Science and Technology, the purpose of which shall
be to advise the Director regarding research and develop-
ment efforts and priorities for the directorates established
in subsection (a).
SEC. 6. REPORTING REQUIREMENTS.
(a) BIENNIAL REPORTS.—The Director shall submit
to Congress on a biennial basis—
(1) a report assessing the resources and re-
quirements 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 re-
spond to natural disasters, cyber attacks, and inci-
dents involving weapons of mass destruction.
(b) ADDITIONAL REPORT.—Not later than the date
that is one year after the date of the enactment of this
Act, the Director shall submit to Congress a report—
(1) assessing the progress of the Agency in—
(A) implementing the provisions of this
Act; and
(B) ensuring the core functions of each en-
tity transferred to the Agency are maintained
and strengthened; and
(2) recommending any conforming changes in
law necessary as a result of the enactment and im-
plementation of this Act.
SEC. 7. COORDINATION WITH OTHER ORGANIZATIONS.
The Director shall establish and maintain strong
mechanisms for the sharing of information and intel-
ligence with United States and international intelligence
entities.
SEC. 8. PLANNING, PROGRAMMING, AND BUDGETING PROC-
ESS.
The Director shall establish procedures to ensure that
the planning, programming, budgeting, and financial ac-
tivities of the Agency comport with sound financial and
fiscal management principles. Those procedures shall, at
a minimum, provide for the planning, programming, and
budgeting of activities of the Agency using funds that are
available for obligation for a limited number of years.
SEC. 9. ENVIRONMENTAL PROTECTION, SAFETY, AND
HEALTH REQUIREMENTS.
The Director shall—
(1) ensure that the Agency complies with all ap-
plicable environmental, safety, and health statutes
and substantive requirements; and
(2) develop procedures for meeting such re-
quirements.
SEC. 10. EFFECTIVE DATE.
This Act shall take effect on the date that is 6
months after the date of the enactment of this Act.
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