[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2452 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2452

   To establish the Department of National Homeland Security and the 
                National Office for Combating Terrorism.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2002

Mr. Lieberman (for himself, Mr. Specter, and Mr. Graham) introduced the 
 following bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To establish the Department of National Homeland Security and the 
                National Office for Combating Terrorism.

    Be it enacted by the Senate and House of Representatives 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 ``National Homeland 
Security and Combating Terrorism Act of 2002''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
           TITLE I--DEPARTMENT OF NATIONAL HOMELAND SECURITY

Sec. 101. Establishment of the Department of National Homeland 
                            Security.
Sec. 102. Transfer of authorities, functions, personnel, and assets to 
                            the Department.
Sec. 103. Establishment of directorates and office.
Sec. 104. Steering Group; Coordination Committee; and Acceleration 
                            Fund.
Sec. 105. Reporting requirements.
Sec. 106. Planning, programming, and budgeting process.
Sec. 107. Environmental protection, safety, and health requirements.
Sec. 108. Savings provisions.
           TITLE II--NATIONAL OFFICE FOR COMBATING TERRORISM

Sec. 201. National Office for Combating Terrorism.
Sec. 202. Funding for Strategy programs and activities.
 TITLE III--NATIONAL STRATEGY FOR COMBATING TERRORISM AND THE HOMELAND 
                           SECURITY RESPONSE

Sec. 301. Strategy.
Sec. 302. National Homeland Security Panel.
                        TITLE IV--EFFECTIVE DATE

Sec. 401. Effective Date.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Director.--Except as provided under section 104, the 
        term ``Director'' means the Director of the National Office for 
        Combating Terrorism.
            (2) Department.--The term ``Department'' means the 
        Department of National Homeland Security established under 
        title I.
            (3) Federal terrorism prevention and response agency.--The 
        term ``Federal terrorism prevention and response agency'' means 
        any Federal department or agency charged under the Strategy 
        with responsibilities for carrying out the Strategy.
            (4) Office.--The term ``Office'' means the National Office 
        for Combating Terrorism established under title II.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of National Homeland Security.
            (6) Strategy.--The term ``Strategy'' means the National 
        Strategy for Combating Terrorism and the Homeland Security 
        Response developed under this Act.

           TITLE I--DEPARTMENT OF NATIONAL HOMELAND SECURITY

SEC. 101. ESTABLISHMENT OF THE DEPARTMENT OF
              NATIONAL HOMELAND SECURITY.

    (a) Establishment.--
            (1) In general.--There is established the Department of 
        National Homeland Security.
            (2) Executive department.--Section 101 of title 5, United 
        States Code, is amended by adding at the end the following:
            ``The Department of National Homeland Security.''.
    (b) Secretary of National Homeland Security.--
            (1) In general.--The Secretary of National Homeland 
        Security shall be the head of the Department. The Secretary 
        shall be appointed by the President, by and with the advice and 
        consent of the Senate.
            (2) Responsibilities.--The responsibilities of the 
        Secretary shall be the following:
                    (A) To develop policies, goals, objectives, 
                priorities, and plans for the United States for the 
                promotion of homeland security.
                    (B) To develop, with the Director, a comprehensive 
                strategy in accordance with title III.
                    (C) Develop processes to integrate the elements and 
                goals of the Strategy into the strategies and plans of 
                Federal, State, and local departments and agencies, 
                including interagency and intergovernmental shared 
                policies.
                    (D) To evaluate the programs of the Federal 
                Government relating to homeland security that involve 
                activities of State and local governments as part of 
                the Strategy.
                    (E) To advise the Director on the development of a 
                comprehensive annual budget for the programs and 
                activities under the Strategy, and have the 
                responsibility for budget recommendations relating to 
                border security, critical infrastructure protection, 
                emergency preparation and response, and State and local 
                activities.
                    (F) To plan, coordinate, and integrate those United 
                States Government activities relating to border 
                security, critical infrastructure protection and 
                emergency preparedness, and to act as the focal point 
                regarding natural and manmade crises and emergency 
                planning and response.
                    (G) To work and coordinate with State and local 
                governments and executive agencies in providing United 
                States homeland security, and to communicate with and 
                support State and local officials through the use of 
                regional offices around the Nation.
                    (H) To provide overall operational planning 
                guidance to executive agencies regarding United States 
                homeland security.
                    (I) To conduct exercise and training programs for 
                employees of the Department and other involved 
                agencies, 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.
                    (J) To annually develop a Federal response plan for 
                homeland security and emergency preparedness with 
                regard to terrorism and other manmade and natural 
                disasters.
                    (K) To identify and promote technological 
                innovation that will enhance homeland security.
                    (L)(i) To develop and implement within the 
                Department a coordinating center with representatives 
                from other Federal departments or agencies with 
                homeland security responsibilities.
                    (ii) To designate departments and agencies to 
                provide a representative under clause (i) and require 
                those departments and agencies to furnish a 
                representative on a permanent, part-time, or as needed 
                basis, as determined by the Secretary.
                    (iii) To request additional personnel from 
                appropriate departments and agencies as may be 
                necessary and coordinate with those departments and 
                agencies.
                    (iv) To request State and local authorities to 
                provide representatives to the coordination center.
            (3) Executive schedule level i position.--Section 5312 of 
        title 5, United States Code, is amended by adding at the end 
        the following:
            ``Secretary of National Homeland Security.''.
            (4) Membership on the national security council.--Section 
        101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) 
        is amended in the fourth sentence by striking paragraphs (5), 
        (6), and (7) and inserting the following:
            ``(5) the Secretary of National Homeland Security; and
            ``(6) each Secretary or Under Secretary of such other 
        executive department, or of a military department, as the 
        President shall designate.''.
    (c) Deputy Secretary of National Homeland Security.--
            (1) In general.--There shall be in the Department a Deputy 
        Secretary of National Homeland Security, who shall be appointed 
        by the President, by and with the advice and consent of the 
        Senate.
            (2) Responsibilities.--The Deputy Secretary of National 
        Homeland Security shall--
                    (A) assist the Secretary in the administration and 
                operations of the Department;
                    (B) perform such responsibilities as the Secretary 
                shall prescribe; and
                    (C) act as the Secretary during the absence or 
                disability of the Secretary or in the event of a 
                vacancy in the office of the Secretary.
            (3) Executive schedule level ii position.--Section 5313 of 
        title 5, United States Code, is amended by adding at the end 
        the following:
            ``Deputy Secretary of National Homeland Security.''.
    (d) Inspector General.--
            (1) In general.--There shall be in the Department an 
        Inspector General for the Department. The Inspector General and 
        the Office of Inspector General shall be subject to the 
        Inspector General Act of 1978 (5 U.S.C. App.).
            (2) Establishment.--Section 11 of the Inspector General Act 
        of 1978 (5 U.S.C. App.) is amended--
                    (A) in paragraph (1), by inserting ``National 
                Homeland Security,'' after ``Labor,''; and
                    (B) in paragraph (2), by inserting ``National 
                Homeland Security,'' after ``Labor,''.
    (e) Director of the Coordinating Center.--
            (1) In general.--There shall be in the Department a 
        Director of the Coordinating Center who shall report directly 
        to the Deputy Secretary. The Coordinating Center shall be 
        developed and implemented in accordance with subsection 
        (b)(2)(L).
            (2) Responsibilities.--The Director of the Coordinating 
        Center shall be responsible for--
                    (A) ensuring that the law enforcement, immigration, 
                and intelligence databases information systems 
                containing information relevant to homeland security 
                are compatible; and
                    (B) with respect to the functions under this 
                paragraph, ensuring compliance with Federal laws 
                relating to privacy and intelligence information.

SEC. 102. TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND ASSETS TO 
              THE DEPARTMENT.

    The authorities, functions, personnel, and assets of the following 
entities are transferred to the Department:
            (1) The Federal Emergency Management Agency, the 10 
        regional offices of which shall be maintained and strengthened 
        by the Department.
            (2) The United States Customs Service, which shall be 
        maintained as a distinct entity within the Department.
            (3) The law enforcement components of the Immigration and 
        Naturalization Service relating to Border Patrol, Inspections, 
        Investigations (interior enforcement), Intelligence, Detention 
        and Removal, and International Affairs.
            (4) The United States Coast Guard, which shall be 
        maintained as a distinct entity within the Department.
            (5) The Critical Infrastructure Assurance Office of the 
        Department of Commerce.
            (6) The National Infrastructure Protection Center and the 
        National Domestic Preparedness Office of the Federal Bureau of 
        Investigation.
            (7) The Animal and Plant Health Inspection Service of the 
        Department of Agriculture, that portion of which administers 
        laws relating to agricultural quarantine inspections at points 
        of entry.

SEC. 103. ESTABLISHMENT OF DIRECTORATES AND OFFICE.

    (a) Establishment of Directorates.--The following staff 
directorates are established within the Department:
            (1) Directorate of Border and Transportation Protection.--
        The Directorate of Border and Transportation Protection, 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.
                    (D) Performing such other duties assigned by the 
                Secretary.
            (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 Department 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 
                effective date of this Act.
                    (H) Assuming the responsibilities carried out by 
                the National Infrastructure Protection Center before 
                the effective date of this Act.
                    (I) Performing such other duties assigned by the 
                Secretary.
            (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 effective date 
                of this Act.
                    (B) Assuming the responsibilities carried out by 
                the National Domestic Preparedness Office before the 
                effective date 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 operational 
                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, the Centers for Disease Control, and other 
                appropriate Federal departments and agencies.
                    (J) Maintaining Federal asset databases and 
                supporting up-to-date State and local databases.
                    (K) Performing such other duties as assigned by the 
                Secretary.
    (b) Establishment of Office of Science and Technology.--
            (1) In general.--There is established in the Department an 
        Office of Science and Technology.
            (2) Purpose.--The Office of Science and Technology shall 
        advise the Secretary regarding research and development efforts 
        and priorities for the directorates established in subsection 
        (a).

SEC. 104. STEERING GROUP; COORDINATION COMMITTEE; AND ACCELERATION 
              FUND.

    (a) Definitions.--In this section:
            (1) Coordination committee.--The term ``Coordination 
        Committee'' means the Homeland Security Science and Technology 
        Coordination Committee established under this section.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Science and Technology.
            (3) Fund.--The term ``Fund'' means the Acceleration Fund 
        for Research and Development of Homeland Security Technologies 
        established under this section.
            (4) Homeland security research and development.--The term 
        ``homeland security research and development'' means research 
        and development of technologies that are applicable in the 
        detection of, prevention of, protection against, response to, 
        and recovery from homeland security threats, particularly acts 
        of terrorism.
            (5) Steering group.--The term ``Steering Group'' means the 
        Homeland Security Science and Technology Senior Steering Group 
        established under this section.
    (b) Purposes.--The purposes of this section are to--
            (1) establish a fund to leverage existing research and 
        development and accelerate the deployment of technology that 
        will serve to enhance homeland defense;
            (2) establish a committee and steering group to coordinate 
        and advise on issues relating to homeland security research and 
        development and administer the Fund; and
            (3) establish the responsibilities of the Director of the 
        Office of Science and Technology relating to homeland security 
        research and development.
    (c) Fund.--
            (1) Establishment.--There is established the Acceleration 
        Fund for Research and Development of Homeland Security 
        Technologies.
            (2) Use of fund.--The Fund may be used to--
                    (A) accelerate research, development, testing, and 
                evaluation of critical homeland security technologies; 
                and
                    (B) support homeland security research and 
                development.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated $200,000,000 to the Fund for fiscal year 
        2003.
    (d) Steering Group.--
            (1) Establishment.--There is established the Homeland 
        Security Science and Technology Senior Steering Group within 
        the Office of Science and Technology. The Director shall chair 
        the Steering Group.
            (2) Responsibilities.--The Steering Group shall--
                    (A) provide recommendations and priorities to the 
                Director; and
                    (B) assist the Director in establishing priorities 
                and forwarding recommendations on homeland security 
                technology to the Secretary.
            (3) Composition.--The Steering Group shall be composed, as 
        named by the Director, of senior research and development 
        officials representing all appropriate Federal departments and 
        agencies that conduct research and development relevant for 
        homeland security and combating terrorism.
            (4) Qualifications.--Each representative shall--
                    (A) possess extensive experience in managing 
                research and development projects; and
                    (B) be appointed by the head of the respective 
                department or agency.
            (5) Subgroups.--
                    (A) In general.--At the discretion of the Director, 
                the Steering Group may be composed of subgroups with 
                expertise in specific homeland security areas.
                    (B) Subgroup areas.--The Director may establish 
                subgroups in areas including--
                            (i) information technology infrastructure;
                            (ii) critical infrastructure;
                            (iii) interoperability issues in 
                        communications technology;
                            (iv) bioterrorism;
                            (v) chemical, biological, radiological 
                        defense; and
                            (vi) any other area as determined 
                        necessary.
    (e) Coordination Committee.--
            (1) Establishment.--There is established a Homeland 
        Security Science and Technology Coordination Committee within 
        the Office of Science and Technology. The Director shall chair 
        the Coordination Committee.
            (2) Composition.--The Coordination Committee shall be a 
        working level group composed of representatives managing 
        relevant agency research and development portfolios, appointed 
        by the head of each department or agency described under 
        subsection (d)(2).
            (3) Subgroups.--
                    (A) In general.--At the discretion of the Director, 
                the Coordination Committee may be composed of subgroups 
                with relevant expertise in specific homeland security 
                areas.
                    (B) Subgroup areas.--The Director may establish 
                subgroups in areas, including--
                            (i) information technology infrastructure;
                            (ii) critical infrastructure;
                            (iii) interoperability issues in 
                        Communications Technology;
                            (iv) bioterrorism;
                            (v) chemical, biological, radiological 
                        defense; and
                            (vi) any other area as determined 
                        necessary.
            (4) Responsibilities.--The Coordination Committee shall 
        have the following responsibilities:
                    (A) To facilitate effective communication among 
                departments, agencies, and other entities of the 
                Federal Government, with respect to the conduct of 
                research and development related to homeland security.
                    (B) To identify, by consensus and on a yearly 
                basis, specific technology areas for which the Fund 
                shall be used to rapidly transition homeland security 
                research and development into deployed technology and 
                reduce identified homeland security vulnerabilities. 
                The identified technology areas shall, as determined by 
                the Coordination Committee, be areas in which there 
                exist research and development projects that address 
                identified homeland security vulnerabilities and, 
                assuming single-year funding, can be accelerated to the 
                stage of prototyping, evaluating, transitioning, or 
                deploying.
                    (C) To administer the Fund, including--
                            (i) issuing an annual multiagency program 
                        announcement soliciting proposals from 
                        governmental entities, industry, and academia;
                            (ii) competitively selecting, on the basis 
                        of a merit-based review, proposals that advance 
                        the state of deployed technologies in the areas 
                        identified for that year;
                            (iii) at the discretion of the Coordination 
                        Committee, assigning 1 or more program managers 
                        from any department or agency represented on 
                        the Coordination Committee to oversee, 
                        administer, and execute a Fund project as the 
                        agent of the Coordination Committee; and
                            (iv) providing methods of funding 
                        administration, including grant, cooperative 
                        agreement, or any other transaction.
    (f) Office of Science and Technology Responsibilities.--The 
Director shall--
            (1) assist the Secretary, the Directorates, and cooperating 
        agencies in--
                    (A) assessing and testing homeland security 
                vulnerabilities and possible threats;
                    (B) evaluating and advising on maintaining talent 
                resources in key technology and skill areas required 
                for homeland security, including information security 
                experts;
                    (C) developing a system for sharing key homeland 
                security research and technology developments and 
                opportunities with appropriate Federal, State, local, 
                and private sector entities; and
                    (D) proposing risk management strategies based on 
                technology developments;
            (2) assist the Directorate of Critical Infrastructure 
        Protection in the responsibilities of that Directorate;
            (3) with respect to expenditures from the Fund, exercise 
        acquisition authority consistent with the authority described 
        under section 2371 of title 10, United States Code, relating to 
        authorizing cooperative agreements and other transactions;
            (4) in hiring personnel to assist in the administration of 
        the Office of Science and Technology, have the authority to 
        exercise the personnel hiring and management authorities 
        described in section 1101 of the Strom Thurmond National 
        Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 
        note; Public Law 105-261); and
            (5) develop and oversee the implementation of periodic 
        homeland security technology demonstrations, held at least 
        annually, for the purpose of improving contact between 
        technology developers, vendors, and acquisition personnel 
        associated with related industries.

SEC. 105. REPORTING REQUIREMENTS.

    (a) Biennial Reports.--Every 2 years the Secretary shall submit to 
Congress--
            (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 1 year after the effective 
date of this Act, the Secretary shall submit to Congress a report--
            (1) assessing the progress of the Department in--
                    (A) implementing this title; and
                    (B) ensuring the core functions of each entity 
                transferred to the Department are maintained and 
                strengthened; and
            (2) recommending any conforming changes in law necessary as 
        a result of the enactment and implementation of this title.

SEC. 106. PLANNING, PROGRAMMING, AND BUDGETING PROCESS.

    The Secretary shall establish procedures to ensure that the 
planning, programming, budgeting, and financial activities of the 
Department comport with sound financial and fiscal management 
principles. At a minimum, those procedures shall provide for the 
planning, programming, and budgeting of activities of the Department 
using funds that are available for obligation for a limited number of 
years.

SEC. 107. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH REQUIREMENTS.

    The Secretary shall--
            (1) ensure that the Department complies with all applicable 
        environmental, safety, and health statutes and substantive 
        requirements; and
            (2) develop procedures for meeting such requirements.

SEC. 108. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, recognitions of labor organizations, collective bargaining 
agreements, certificates, licenses, registrations, privileges, and 
other administrative actions--
            (1) which have been issued, made, granted, or allowed to 
        become effective by the President, any Federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
        the performance of functions which are transferred under this 
        title; and
            (2) which are in effect at the time this Act takes effect, 
        or were final before the effective date of this Act and are to 
        become effective on or after the effective date of this Act,
shall, to the extent related to such functions, continue in effect 
according to their terms until modified, terminated, superseded, set 
aside, or revoked in accordance with law by the President, the 
Secretary of National Homeland Security or other authorized official, a 
court of competent jurisdiction, or by operation of law.
    (b) Proceedings Not Affected.--The provisions of this title shall 
not affect any proceedings, including notices of proposed rulemaking, 
or any application for any license, permit, certificate, or financial 
assistance pending before an agency at the time this title takes 
effect, with respect to functions transferred by this title but such 
proceedings and applications shall continue. Orders shall be issued in 
such proceedings, appeals shall be taken therefrom, and payments shall 
be made pursuant to such orders, as if this title had not been enacted, 
and orders issued in any such proceedings shall continue in effect 
until modified, terminated, superseded, or revoked by a duly authorized 
official, by a court of competent jurisdiction, or by operation of law. 
Nothing in this subsection shall be deemed to prohibit the 
discontinuance or modification of any such proceeding under the same 
terms and conditions and to the same extent that such proceeding could 
have been discontinued or modified if this title had not been enacted.
    (c) Suits Not Affected.--The provisions of this title shall not 
affect suits commenced before the effective date of this Act, and in 
all such suits, proceedings shall be had, appeals taken, and judgments 
rendered in the same manner and with the same effect as if this title 
had not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against an agency, or by or against any individual in 
the official capacity of such individual as an officer of an agency, 
shall abate by reason of the enactment of this title.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the preparation or 
promulgation of a regulation by an agency relating to a function 
transferred under this title may be continued by the Department of 
National Homeland Security with the same effect as if this title had 
not been enacted.
    (f) Employment and Personnel.--
            (1) Interim authority for appointment and compensation.--
        Funds available to any official or component of any entity the 
        functions of which are transferred to the Department, may with 
        the approval of the Director of the Office of Management and 
        Budget, be used to pay the compensation and expenses of any 
        officer or employee under this title until such time as funds 
        for that purpose are otherwise available.
            (2) Employee rights.--
                    (A) In general.--The Department or a subdivision 
                within the Department shall not be excluded under 
                section 7103(b)(1) of title 5, United States Code, from 
                coverage under chapter 71 of that title unless the 
                President determines that a majority of employees 
                within the Department or applicable subdivision have, 
                as their primary job duty, intelligence, 
                counterintelligence, or investigative work directly 
                related to terrorism investigation.
                    (B) National security positions.--Employees 
                transferred under this title shall not be considered to 
                perform work which directly affects national security 
                within the meaning of section 7112(b)(6) of title 5, 
                United States Code, unless their primary job duty 
                involves intelligence, counterintelligence, or 
                investigative duties directly related to terrorism 
                investigation. All employees transferred under this 
                title who are not in the counterterrorism positions 
                described in the preceding sentence shall continue to 
                be afforded the full rights and protections under 
                chapter 71 of title 5, United States Code.
    (g) No Affect on Intelligence Authorities.--The transfer of 
authorities, functions, personnel, and assets of elements of the United 
States Government under this title, or the assumption of authorities 
and functions, by the Department of Homeland Security under this title, 
shall not be construed, in cases where such authorities, functions, 
personnel, and assets, are engaged in intelligence activities as 
defined in the National Security Act of 1947, as affecting the 
authorities of the Director of Central Intelligence, the Secretary of 
Defense, or the heads of departments and agencies within the 
intelligence community.
    (h) References.--Any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or pertaining to a department, agency, or office from which a function 
is transferred by this title--
            (1) to the head of such department, agency, or office is 
        deemed to refer to the Secretary of National Homeland Security; 
        or
            (2) to such department, agency, or office is deemed to 
        refer to the Department of National Homeland Security.

           TITLE II--NATIONAL OFFICE FOR COMBATING TERRORISM

SEC. 201. NATIONAL OFFICE FOR COMBATING TERRORISM.

    (a) Establishment.--There is established within the Executive 
Office of the President the National Office for Combating Terrorism.
    (b) Officers.--
            (1) Director.--The head of the Office shall be the Director 
        of the National Office for Combating Terrorism, who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
            (2) Executive schedule level i position.--Section 5312 of 
        title 5, United States Code, is amended by adding at the end 
        the following:
            ``Director of the National Office for Combating 
        Terrorism.''.
            (3) Other officers.--The President shall assign to the 
        Office such other officers as the President, in consultation 
        with the Director, considers appropriate to discharge the 
        responsibilities of the Office.
    (c) Responsibilities.--Subject to the direction and control of the 
President, the responsibilities of the Office shall include the 
following:
            (1) To develop national objectives and policies for 
        combating terrorism.
            (2) To direct and review the development of a comprehensive 
        national assessment of terrorist threats and vulnerabilities to 
        those threats, which shall be--
                    (A) conducted by the heads of relevant Federal 
                agencies; and
                    (B) used in preparation of the Strategy.
            (3) To develop with the Secretary of National Homeland 
        Security, the Strategy under title III.
            (4) To coordinate, oversee, and evaluate the implementation 
        and execution of the Strategy by agencies of the Federal 
        Government with responsibilities for combating terrorism under 
        the Strategy, particularly those involving military, 
        intelligence, law enforcement, and diplomatic assets.
            (5)(A) To coordinate, with the advice of the Secretary of 
        National Homeland Security, the development of a comprehensive 
        annual budget for the programs and activities under the 
        Strategy, including the budgets of the military departments and 
        agencies within the National Foreign Intelligence Program 
        relating to international terrorism, but excluding military 
        programs, projects, or activities relating to force protection.
            (B) To have the lead responsibility for budget 
        recommendations relating to military, intelligence, law 
        enforcement, and diplomatic assets in support of the Strategy.
            (6) To exercise funding authority for Federal terrorism 
        prevention and response agencies in accordance with section 
        202.
            (7) To serve as an advisor to the National Security 
        Council.
    (d) Resources.--In consultation with the Director, the President 
shall assign or allocate to the Office such resources, including funds, 
personnel, and other resources, as the President considers appropriate 
in order to facilitate the discharge of the responsibilities of the 
Office.
    (e) Oversight by Congress.--The establishment of the Office within 
the Executive Office of the President shall not be construed as 
affecting access by Congress, or any committee of Congress, to--
            (1) any information, document, record, or paper in the 
        possession of the Office or any study conducted by or at the 
        direction of the Director; or
            (2) any personnel of the Office.

SEC. 202. FUNDING FOR STRATEGY PROGRAMS AND
              ACTIVITIES.

    (a) Budget Review.--In consultation with the Director of the Office 
of Management and Budget, the Secretary of National Homeland Security, 
and the heads of other executive departments and agencies, the Director 
shall--
            (1) identify programs that contribute to the Strategy; and
            (2) in the development of the budget submitted by the 
        President to Congress under section 1105 of title 31, United 
        States Code, review and provide advice to the heads of 
        executive departments and agencies on the amount and use of 
        funding for programs identified under paragraph (1).
    (b) Submittal of Proposed Budgets to the Director.--
            (1) In general.--The head of each Federal terrorism 
        prevention and response agency shall submit to the Director 
        each year the proposed budget of that agency for the fiscal 
        year beginning in that year for programs and activities of that 
        agency under the Strategy during that fiscal year.
            (2) Date for submission.--The proposed budget of an agency 
        for a fiscal year under paragraph (1) shall be submitted to the 
        Director--
                    (A) not later than the date on which the agency 
                completes the collection of information for purposes of 
                the submission by the President of a budget to Congress 
                for that fiscal year under section 1105 of title 31, 
                United States Code; and
                    (B) before that information is submitted to the 
                Director of the Office of Management and Budget for 
                such purposes.
            (3) Format.--In consultation with the Director of the 
        Office of Management and Budget, the Director shall specify the 
        format for the submittal of proposed budgets under paragraph 
        (1).
    (c) Review of Proposed Budgets.--
            (1) In general.--The Director shall review each proposed 
        budget submitted to the Director under subsection (b).
            (2) Inadequate funding determination.--If the Director 
        determines under paragraph (1) that the proposed budget of an 
        agency for a fiscal year under subsection (b) is inadequate, in 
        whole or in part, to permit the implementation by the agency 
        during the fiscal year of the goals of the Strategy applicable 
        to the agency during the fiscal year, the Director shall submit 
        to the head of the agency--
                    (A) a notice in writing of the determination; and
                    (B) a statement of the proposed funding, and any 
                specific initiatives, that would (as determined by the 
                Director) permit the implementation by the agency 
                during the fiscal year of the goals of the Strategy 
                applicable to the agency during the fiscal year.
            (3) Adequate funding determination.--If the Director 
        determines under paragraph (1) that the proposed budget of an 
        agency for a fiscal year under subsection (b) is adequate to 
        permit the implementation by the agency during the fiscal year 
        of the goals of the Strategy applicable to the agency during 
        the fiscal year, the Director shall submit to the head of the 
        agency a notice in writing of that determination.
            (4) Maintenance of records.--The Director shall maintain a 
        record of--
                    (A) each notice submitted under paragraph (2), 
                including any statement accompanying such notice; and
                    (B) each notice submitted under paragraph (3).
    (d) Agency Response to Review of Proposed Budgets.--
            (1) Incorporation of proposed funding.--The head of a 
        Federal terrorism prevention and response agency that receives 
        a notice under subsection (c)(2) with respect to the proposed 
        budget of the agency for a fiscal year shall incorporate the 
        proposed funding, and any initiatives, set forth in the 
        statement accompanying the notice into the information 
        submitted to the Office of Management and Budget in support of 
        the proposed budget for the agency for the fiscal year under 
        section 1105 of title 31, United States Code.
            (2) Additional information.--The head of each agency 
        described under paragraph (1) for a fiscal year shall include 
        as an appendix to the information submitted to the Office of 
        Management and Budget under that paragraph for the fiscal year 
        the following:
                    (A) A summary of any modifications in the proposed 
                budget of such agency for the fiscal year under that 
                paragraph.
                    (B) An assessment of the effect of such 
                modifications on the capacity of such agency to perform 
                its responsibilities during the fiscal year other than 
                its responsibilities under the Strategy.
            (3) Submission to congress.--
                    (A) In general.--Subject to subparagraph (B), the 
                head of each agency described under paragraph (1) for a 
                fiscal year shall submit to Congress a copy of the 
                appendix submitted to the Office of Management and 
                Budget for the fiscal year under paragraph (2) at the 
                same time the budget of the President for the fiscal 
                year is submitted to Congress under section 1105 of 
                title 31, United States Code.
                    (B) Elements within intelligence programs.--In the 
                submission of the copy of the appendix to Congress 
                under subparagraph (A), those elements of the appendix 
                which are within the National Foreign Intelligence 
Program shall be submitted to--
                            (i) the Select Committee on Intelligence of 
                        the Senate; and
                            (ii) the Permanent Select Committee on 
                        Intelligence of the House of Representatives.
    (e) Submittal of Revised Proposed Budgets.--
            (1) In general.--At the same time the head of a Federal 
        terrorism prevention and response agency submits its proposed 
        budget for a fiscal year to the Office of Management and Budget 
        for purposes of the submission by the President of a budget to 
        Congress for the fiscal year under section 1105 of title 31, 
        United States Code, the head of the agency shall submit a copy 
        of the proposed budget to the Director.
            (2) Review and decertification authority.--The Director of 
        the National Office for Combating Terrorism--
                    (A) shall review each proposed budget submitted 
                under paragraph (1); and
                    (B) in the case of a proposed budget for a fiscal 
                year to which subsection (c)(2) applies in the fiscal 
                year, if the Director determines as a result of the 
                review that the proposed budget does not include the 
                proposed funding, and any initiatives, set forth in the 
                notice under that subsection with respect to the 
                proposed budget--
                            (i) may decertify the proposed budget; and
                            (ii) with respect to any proposed budget so 
                        decertified, shall submit to Congress--
                                    (I) a notice of the 
                                decertification;
                                    (II) a copy of the notice submitted 
                                to the agency concerned for the fiscal 
                                year under subsection (c)(2)(B); and
                                    (III) the budget recommendations 
                                made under this section.
    (f) National Terrorism Prevention and Response Program Budget.--
            (1) In general.--For each fiscal year, following the 
        submittal of proposed budgets to the Director under subsection 
        (b), the Director shall, in consultation with the Secretary of 
        National Homeland Security and the head of each Federal 
        terrorism prevention and response agency concerned--
                    (A) develop a consolidated proposed budget for such 
                fiscal year for all programs and activities under the 
                Strategy for such fiscal year; and
                    (B) subject to paragraph (2), submit the 
                consolidated proposed budget to the President and to 
                Congress.
            (2) Elements within intelligence programs.--In the 
        submission of the consolidated proposed budget to Congress 
        under paragraph (1)(B), those elements of the budget which are 
        within the National Foreign Intelligence Program shall be 
        submitted to--
                    (A) the Select Committee on Intelligence of the 
                Senate; and
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
            (3) Designation of consolidated proposed budget.--The 
        consolidated proposed budget for a fiscal year under this 
        subsection shall be known as the National Terrorism Prevention 
        and Response Program Budget for the fiscal year.
    (g) Reprogramming and Transfer Requests.--
            (1) Approval by the director.--The head of a Federal 
        terrorism prevention and response agency may not submit to 
        Congress a request for the reprogramming or transfer of any 
        funds specified in the National Terrorism Prevention and 
        Response Program Budget for programs or activities of the 
        agency under the Strategy for a fiscal year in excess of 
        $5,000,000 without the approval of the Director.
            (2) Approval by the president.--The President may, upon the 
        request of the head of the agency concerned, permit the 
        submittal to Congress of a request previously disapproved by 
        the Director under paragraph (1) if the President determines 
        that the submittal of the request to Congress will further the 
        purposes of the Strategy.

 TITLE III--NATIONAL STRATEGY FOR COMBATING TERRORISM AND THE HOMELAND 
                           SECURITY RESPONSE

SEC. 301. STRATEGY.

    (a) Development.--The Secretary and the Director shall develop the 
National Strategy for Combating Terrorism and Homeland Security 
Response for detection, prevention, protection, response, and recovery 
to counter terrorist threats, including the plans, policies, training, 
exercises, evaluation, and interagency cooperation that address each 
such action relating to such threats.
    (b) Responsibilities.--
            (1) Responsibilities of the secretary.--The Secretary shall 
        have responsibility for portions of the Strategy addressing 
        border security, critical infrastructure protection, emergency 
        preparation and response, and integrating State and local 
        efforts with activities of the Federal Government.
            (2) Responsibilities of the director.--The Director shall 
        have overall responsibility for development of the Strategy, 
        and particularly for those portions of the Strategy addressing 
        intelligence, military assets, law enforcement, and diplomacy.
    (c) Contents.--The contents of the Strategy shall include--
            (1) policies and procedures to maximize the collection, 
        translation, analysis, exploitation, and dissemination of 
        information relating to combating terrorism and the homeland 
        security response throughout the Federal Government and with 
        State and local authorities;
            (2) plans for countering chemical, biological, 
        radiological, nuclear and explosives, and cyber threats;
            (3) plans for improving the resources of, coordination 
        among, and effectiveness of health and medical sectors for 
        detecting and responding to terrorist attacks on the homeland;
            (4) specific measures to enhance cooperative efforts 
        between the public and private sectors in protecting against 
        terrorist attacks;
            (5) a review of measures needed to enhance transportation 
        security with respect to potential terrorist attacks; and
            (6) other critical areas.
    (d) Cooperation.--At the request of the Secretary or Director, 
departments and agencies shall provide necessary information or 
planning documents relating to the Strategy.
    (e) Interagency Council.--
            (1) Establishment.--There is established the National 
        Combating Terrorism and Homeland Security Response Council to 
        assist with preparation and implementation of the Strategy.
            (2) Membership.--The members of the Council shall be the 
        heads of the Federal terrorism prevention and response agencies 
        or their designees. The Secretary and Director shall designate 
        such agencies.
            (3) Co-chairs and meetings.--The Secretary and Director 
        shall co-chair the Council, which shall meet at their 
        direction.
    (f) Submission to Congress.--Not later than December 1, 2003, and 
each year thereafter in which a President is inaugurated, the Secretary 
and the Director shall submit the Strategy to Congress.
    (g) Updating.--Not later than December 1, 2005, and on December 1, 
of every 2 years thereafter, the Secretary and the Director shall 
submit to Congress an updated version of the Strategy.
    (h) Progress Reports.--Not later than December 1, 2004, and on 
December 1, of each year thereafter, the Secretary and the Director may 
submit to Congress a report that--
            (1) describes the progress on implementation of the 
        Strategy; and
            (2) provides recommendations for improvement of the 
        Strategy and the implementation of the Strategy.

SEC. 302. NATIONAL COMBATING TERRORISM STRATEGY PANEL.

    (a) Establishment.--The Secretary and the Director shall establish 
a nonpartisan, independent panel to be known as the National Combating 
Terrorism Strategy Panel (in this section referred to as the 
``Panel'').
    (b) Membership.--
            (1) Appointment.--The Panel shall be composed of a 
        chairperson and 8 other individuals appointed by the Secretary 
        and the Director, in consultation with the chairman and ranking 
        member of the Committee on Governmental Affairs of the Senate 
        and the chairman and ranking member of the Committee on 
        Government Reform of the House of Representatives, from among 
        individuals in the private sector who are recognized experts in 
        matters relating to the homeland security of the United States.
            (2) Terms.--
                    (A) In general.--An individual shall be appointed 
                to the Panel for an 18-month term.
                    (B) Term periods.--Terms on the Panel shall not be 
                continuous. All terms shall be for the 18-month period 
                which begins 12 months before each date a report is 
                required to be submitted under subsection (l)(2)(A).
                    (C) Multiple terms.--An individual may serve more 
                than 1 term.
    (c) Duties.--The Panel shall--
            (1) conduct and submit to the Secretary the assessment of 
        the Strategy; and
            (2) conduct the independent, alternative assessment of 
        homeland security measures required under this section.
    (d) Alternative Assessment.--The Panel shall submit to the 
Secretary an independent assessment of the optimal policies and 
programs to combat terrorism, including homeland security measures. As 
part of the assessment, the Panel shall, to the extent practicable, 
estimate the funding required by fiscal year to achieve these optimal 
approaches.
    (e) Information From Federal Agencies.--
            (1) In general.--Subject to paragraph (2), the Panel may 
        secure directly from any Federal department or agency such 
        information as the Panel considers necessary to carry out this 
        section. Upon request of the Chairperson, the head of such 
        department or agency shall furnish such information to the 
        Panel.
            (2) Intelligence information.--The provision of information 
        under this paragraph related to intelligence shall be provided 
        in accordance with procedures established by the Director of 
        Central Intelligence and in accordance with section 103(d)(3) 
        of the National Security Act of 1947 (50 U.S.C. 403-3(d)(3)).
    (f) Compensation of Members.--Each member of the Panel shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Panel.
    (g) Travel Expenses.--The members of the Panel shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Panel.
    (h) Staff.--
            (1) In general.--The Chairperson of the Panel may, without 
        regard to the civil service laws and regulations, appoint and 
        terminate an executive director and such other additional 
        personnel as may be necessary to enable the Panel to perform 
        its duties. The employment of an executive director shall be 
        subject to confirmation by the Panel.
            (2) Compensation.--The Chairperson of the Panel may fix the 
        compensation of the executive director and other personnel 
        without regard to chapter 51 and subchapter III of chapter 53 
        of title 5, United States Code, relating to classification of 
        positions and General Schedule pay rates, except that the rate 
        of pay for the executive director and other personnel may not 
        exceed the rate payable for level V of the Executive Schedule 
        under section 5316 of such title.
            (3) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of the Panel who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (B) Members of panel.--Subparagraph (A) shall not 
                be construed to apply to members of the Panel.
            (4) Reduction of staff.--During periods that members are 
        not serving terms on the Panel, the executive director shall 
        reduce the number and hours of employees to the minimum 
        necessary to--
                    (A) provide effective continuity of the Panel; and
                    (B) minimize personnel costs of the Panel.
    (i) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Panel without reimbursement, and such 
detail shall be without interruption or loss of civil service status or 
privilege.
    (j) Administrative Provisions.--
            (1) Use of mail and printing.--The Panel may use the United 
        States mails and obtain printing and binding services in the 
        same manner and under the same conditions as other departments 
        and agencies of the Federal Government.
            (2) Support services.--The Secretary shall furnish the 
        Panel any administrative and support services requested by the 
        Panel.
            (3) Gifts.--The Panel may accept, use, and dispose of gifts 
        or donations of services or property.
    (k) Payment of Panel Expenses.--The compensation, travel expenses, 
and per diem allowances of members and employees of the Panel shall be 
paid out of funds available to the Department for the payment of 
compensation, travel allowances, and per diem allowances, respectively, 
of civilian employees of the Department. The other expenses of the 
Panel shall be paid out of funds available to the Department for the 
payment of similar expenses incurred by the Department.
    (l) Reports.--
            (1) Preliminary report.--
                    (A) Report to secretary.--Not later than July 1, 
                2004, the Panel shall submit to the Secretary and the 
                Director a preliminary report setting forth the 
                activities and the findings and recommendations of the 
                Panel under subsection (d), including any 
                recommendations for legislation that the Panel 
                considers appropriate.
                    (B) Report to congress.--Not later than 30 days 
                after the submission of the report under subparagraph 
                (A), the Secretary and the Director shall submit to the 
                committees referred to under subsection (b) a copy of 
                that report with the comments of the Secretary on the 
                report.
            (2) Quadrennial reports.--
                    (A) Reports to secretary.--Not later than December 
                1, 2004, and not later than December 1 every 4 years 
                thereafter, the Panel shall submit to the Secretary and 
                the Director a report setting forth the activities and 
                the findings and recommendations of the Panel under 
                subsection (d), including any recommendations for 
                legislation that the Panel considers appropriate.
                    (B) Reports to congress.--Not later than 60 days 
                after each report is submitted under subparagraph (A), 
                the Secretary shall submit to the committees referred 
                to under subsection (b) a copy of the report with the 
                comments of the Secretary and the Director on the 
                report.

                        TITLE IV--EFFECTIVE DATE

SEC. 401. EFFECTIVE DATE.

    This Act shall take effect 180 days after the date of enactment of 
this Act.
                                 <all>