To establish the National Homeland Security Agency.

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 
        century, 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 borders 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 preeminence of the 
        United States makes it more appealing as a target, while its 
        openness and freedoms make it more vulnerable.
            (3) Despite the serious threat to homeland security, the 
        United States Government has not yet adopted homeland security 
        as a primary national security mission. Its structures and 
        strategies are fragmented and inadequate. The assets and 
        organizations 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 improve national security without 
        compromising established constitutional principles.
            (5) A comprehensive strategy and new organizational 
        structures to prevent and protect against attacks on the United 
        States homeland, and to respond 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 SECURITY AGENCY.

    (a) Establishment.--There is established a National 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 President 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 emergency 
        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 country.
            (3) To provide overall planning guidance to executive 
        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 require the substantial support of military 
        assets.
            (5) To annually develop a Federal response plan for 
        homeland security and emergency preparedness.

SEC. 4. TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, 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 Agency, the ten 
        regional offices of which shall be maintained 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 Office and the 
        Institute of Information Infrastructure Protection of the 
        Department of Commerce.
            (6) The National Infrastructure Protection Center and the 
        National Domestic Preparedness Office of the Federal Bureau of 
        Investigation.

SEC. 5. ESTABLISHMENT OF DIRECTORATES AND OFFICE.

    (a) Establishment of Directorates.--The following staff 
directorates are hereby established within the Agency:
            (1) Directorate of prevention.--The Directorate of 
        Prevention, which shall be responsible for the following:
                    (A) Overseeing and coordinating all United States 
                border security activities.
                    (B) Developing border and maritime security policy 
                for the United States.
                    (C) Developing and implementing international 
                standards for enhanced security in transportation 
                nodes.
            (2) Directorate of critical infrastructure protection.--The 
        Directorate of Critical Infrastructure 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, transportation nodes, and energy resources.
                    (B) Overseeing the protection of such 
                infrastructure and the physical assets and information 
                networks that make up such infrastructure.
                    (C) Ensuring the maintenance of a nucleus of cyber 
                security experts within the United States Government.
                    (D) Enhancing sharing of information regarding 
                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 recovering from attacks.
                    (E) Coordinating with the Federal Communications 
                Commission in helping to establish cyber security 
                policy, standards, and enforcement mechanisms, and 
                working closely with the Federal Communications 
                Commission on cyber security issues with respect to 
                international bodies.
                    (F) Coordinating the activities of Information 
                Sharing and Analysis Centers to share information on 
                threats, vulnerabilities, individual incidents, and 
                privacy issues regarding United States homeland 
                security.
                    (G) Assuming the responsibilities carried out by 
                the Critical Infrastructure Assurance Office 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 management of the 
                Institute for Information Infrastructure Protection.
            (3) Directorate for emergency preparedness and response.--
        The Directorate for Emergency Preparedness and Response, which 
        shall be responsible for the following:
                    (A) Carrying out all emergency preparedness 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 Office 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 detection, protection, 
                and decontamination in an emergency involving weapons 
                of mass destruction.
                    (D) Overseeing Federal, State, and local emergency 
                preparedness training and exercise programs in keeping 
                with current intelligence estimates and providing a 
                single staff for Federal assistance for any emergency 
                (including emergencies caused by flood, earthquake, 
                hurricane, disease, or terrorist bomb).
                    (E) Creating a National Crisis Action Center to act 
                as the focal point for monitoring emergencies and for 
                coordinating Federal support for State and local 
                governments and the private sector in crises.
                    (F) Establishing training and equipment standards, 
                providing resource grants, and encouraging intelligence 
                and information sharing among the Department of 
                Defense, the Federal Bureau of Investigation, the 
                Central Intelligence 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 Federal 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 response 
                system for national incidents in coordination with the 
                Department of Justice, the Federal Bureau of 
                Investigation, the Department of Health and Human 
                Services, and the Centers for Disease Control.
                    (J) Maintaining Federal asset databases and 
                supporting up-to-date State and local databases.
    (b) Establishment of Office of Science and Technology.--There is 
established in the Agency an Office of Science and Technology, the 
purpose of which shall be to advise the Director regarding research and 
development 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 requirements 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 respond to natural 
        disasters, cyber attacks, and incidents 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 entity 
                transferred to the Agency are maintained and 
                strengthened; and
            (2) recommending any conforming changes in law necessary as 
        a result of the enactment and implementation of this Act.

SEC. 7. COORDINATION WITH OTHER ORGANIZATIONS.

    The Director shall establish and maintain strong mechanisms for the 
sharing of information and intelligence with United States and 
international intelligence entities.

SEC. 8. PLANNING, PROGRAMMING, AND BUDGETING PROCESS.

    The Director shall establish procedures to ensure that the 
planning, programming, budgeting, and financial activities 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 applicable 
        environmental, safety, and health statutes and substantive 
        requirements; and
            (2) develop procedures for meeting such requirements.

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.

Summary: National Homeland Security Agency Act - Establishes a National Homeland Security Agency. Requires the Agency's Director, who shall serve as an advisor to the National Security Council, to: (1) plan, coordinate, and integrate those U.S. Government activities relating to homeland security, including border security and emergency preparedness, and act as a focal point regarding natural and manmade crises and emergency planning; (2) work with State and local governments and executive agencies in protecting U.S. homeland security and support State officials through the use of regional offices around the country; (3) provide overall planning guidance to such agencies regarding homeland security; (4) establish command and control procedures for potential contingencies, including those that require military assets; and (5) annually develop a Federal response plan for homeland security and emergency preparedness.Transfers to the Agency the authorities, functions, personnel, and assets of the Federal Emergency Management Agency, the U.S. Customs Service, the Border Patrol of the Immigration and Naturalization Service, the U.S. Coast Guard, the Critical Infrastructure Assurance Office and the Institute of Information Infrastructure Protection of the Department of Commerce, and the National Infrastructure Protection Center and the National Domestic Preparedness Office of the Federal Bureau of Investigation.Establishes within the Agency: (1) separate Directorates of Prevention, Critical Infrastructure Protection, and Emergency Preparedness and Response; and (2) an Office of Science and Technology to advise the Director with regard to research and development efforts and priorities for such directorates.Requires the Director to establish mechanisms for the sharing of information and intelligence with U.S. and international intelligence entities.