[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2794 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2794

To establish a Department of Homeland Security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2002

 Mr. Gramm (for himself, Mr. Miller, and Mr. McConnell) introduced the 
 following bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To establish a Department of Homeland Security, and for other purposes.

    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 ``Homeland Security 
Act of 2002''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Construction; severability.
Sec. 4. Effective date.
                TITLE I--DEPARTMENT OF HOMELAND SECURITY

Sec. 101. Executive department; mission.
Sec. 102. Secretary; functions.
Sec. 103. Other officers.
      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Sec. 201. Under Secretary for Information Analysis and Infrastructure 
                            Protection.
Sec. 202. Functions transferred.
Sec. 203. Access to information.
Sec. 204. Information voluntarily provided.
      TITLE III--CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR 
                            COUNTERMEASURES

Sec. 301. Under Secretary for Chemical, Biological, Radiological, and 
                            Nuclear Countermeasures.
Sec. 302. Functions transferred.
Sec. 303. Conduct of certain public health-related activities.
Sec. 304. Military activities.
              TITLE IV--BORDER AND TRANSPORTATION SECURITY

Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Functions transferred.
Sec. 403. Visa issuance.
              TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE

Sec. 501. Under Secretary for Emergency Preparedness and Response.
Sec. 502. Functions transferred.
Sec. 503. Nuclear incident response.
Sec. 504. Definition.
Sec. 505. Conduct of certain public health-related activities.
                          TITLE VI--MANAGEMENT

Sec. 601. Under Secretary for Management.
Sec. 602. Chief Financial Officer.
Sec. 603. Chief Information Officer.
 TITLE VII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
            UNITED STATES SECRET SERVICE; GENERAL PROVISIONS

           Subtitle A--Coordination with Non-Federal Entities

Sec. 701. Responsibilities.
                     Subtitle B--Inspector General

Sec. 710. Authority of the Secretary.
                Subtitle C--United States Secret Service

Sec. 720. Functions transferred.
                     Subtitle D--General Provisions

Sec. 730. Establishment of human resources management system.
Sec. 731. Advisory committees.
Sec. 732. Acquisitions; property.
Sec. 733. Reorganization; transfer.
Sec. 734. Miscellaneous provisions.
Sec. 735. Authorization of appropriations.
                         TITLE VIII--TRANSITION

Sec. 801. Definitions.
Sec. 802. Transfer of agencies.
Sec. 803. Transitional authorities.
Sec. 804. Savings provisions.
Sec. 805. Terminations.
Sec. 806. Incidental transfers.
             TITLE IX--CONFORMING AND TECHNICAL AMENDMENTS

Sec. 901. Inspector General Act.
Sec. 902. Executive schedule.
Sec. 903. United States Secret Service.
Sec. 904. Coast Guard.
Sec. 905. Strategic national stockpile and smallpox vaccine 
                            development.
Sec. 906. Select agent registration.
Sec. 907. National Bio-Weapons Defense Analysis Center.

SEC. 2. DEFINITIONS.

    Unless the context clearly indicates otherwise, the following shall 
apply for purposes of this Act:
            (1) The term``American homeland'' or ``homeland'' means the 
        United States, in a geographic sense.
            (2) The term ``assets'' includes contracts, facilities, 
        property, records, unobligated or unexpended balances of 
        appropriations, and other funds or resources (other than 
        personnel).
            (3) The term ``Department'' means the Department of 
        Homeland Security.
            (4) The term ``emergency response providers'' includes 
        Federal, State, and local government emergency public safety, 
        law enforcement, emergency response, emergency medical, and 
        related personnel, agencies, and authorities.
            (5) The term ``executive agency'' means an executive agency 
        and a military department, as defined, respectively, in 
        sections 105 and 102 of title 5, United States Code.
            (6) The term ``functions'' includes authorities, powers, 
        rights, privileges, immunities, programs, projects, activities, 
        duties, responsibilities, and obligations.
            (7) The term ``local government'' has the meaning given in 
        section 102(6) of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act, Public Law 93-288.
            (8) The term ``major disaster'' has the meaning given in 
        section 102(2) of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act, Public Law 93-288.
            (9) The term ``personnel'' means officers and employees.
            (10) The term ``Secretary'' means the Secretary of Homeland 
        Security.
            (11) The term ``United States'', when used in a geographic 
        sense, means any State (within the meaning of section 102(4) of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act, Public Law 93-288), any possession of the United States, 
        and any waters within the jurisdiction of the United States.

SEC. 3. CONSTRUCTION; SEVERABILITY.

    Any provision of this Act held to be invalid or unenforceable by 
its terms, or as applied to any person or circumstance, shall be 
construed so as to give it the maximum effect permitted by law, unless 
such holding shall be one of utter invalidity or unenforceability, in 
which event such provision shall be deemed severable from this Act and 
shall not affect the remainder thereof, or the application of such 
provision to other persons not similarly situated or to other, 
dissimilar circumstances.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect thirty days after the date of enactment 
or, if enacted within thirty days before January 1, 2003, on January 1, 
2003.

                TITLE I--DEPARTMENT OF HOMELAND SECURITY

SEC. 101. EXECUTIVE DEPARTMENT; MISSION.

    (a) There is established a Department of Homeland Security, as an 
executive department of the United States within the meaning of title 
5, United States Code.
    (b)(1) The primary mission of the Department is to--
            (A) prevent terrorist attacks within the United States;
            (B) reduce the vulnerability of the United States to 
        terrorism; and
            (C) minimize the damage, and assist in the recovery, from 
        terrorist attacks that do occur within the United States.
    (2) In carrying out the mission described in paragraph (1), and as 
further described in this Act, the Department's primary 
responsibilities shall include--
            (A) information analysis and infrastructure protection;
            (B) chemical, biological, radiological, nuclear, and 
        related countermeasures;
            (C) border and transportation security;
            (D) emergency preparedness and response; and
            (E) coordination (including the provision of training and 
        equipment) with other executive agencies, with State and local 
        government personnel, agencies, and authorities, with the 
        private sector, and with other entities.
    (3) The Department shall also be responsible for carrying out other 
functions of entities transferred to the Department as provided by law.

SEC. 102. SECRETARY; FUNCTIONS.

    (a)(1) There is a Secretary of Homeland Security, appointed by the 
President, by and with the advice and consent of the Senate.
    (2) The Secretary is the head of the Department and shall have 
direction, authority, and control over it.
    (3) All functions of all officers, employees, and organizational 
units of the Department are vested in the Secretary.
    (b) The Secretary--
            (1) may delegate any of his functions to any officer, 
        employee, or organizational unit of the Department;
            (2) may promulgate regulations hereunder; and
            (3) shall have such functions, including the authority to 
        make contracts, grants, and cooperative agreements, and to 
        enter into agreements with other executive agencies, as may be 
        necessary and proper to carry out his responsibilities under 
        this Act or otherwise provided by law.

SEC. 103. OTHER OFFICERS.

    (a) To assist the Secretary in the performance of his functions, 
there are the following officers, appointed by the President, by and 
with the advice and consent of the Senate:
            (1) A Deputy Secretary of Homeland Security, who shall be 
        the Secretary's first assistant for purposes of chapter 33, 
        subchapter 3, of title 5, United States Code.
            (2) An Under Secretary for Information Analysis and 
        Infrastructure Protection.
            (3) an Under Secretary for Chemical, Biological, 
        Radiological, and Nuclear Countermeasures.
            (4) An Under Secretary for Border and Transportation 
        Security.
            (5) an Under Secretary for Emergency Preparedness and 
        Response.
            (6) An Under Secretary for Management.
            (7) Not more than six Assistant Secretaries.
    (b) To assist the Secretary in the performance of his functions, 
there is an Inspector General, who shall be appointed as provided in 
section 3(a) of the Inspector General Act of 1978.
    (c) To assist the Secretary in the performance of his functions, 
there is a Commandant of the Coast Guard, who shall be appointed as 
provided in section 44 of title 14, United States Code.
    (d) To assist the Secretary in the performance of his functions, 
there are the following officers, appointed by the President:
            (1) A General Counsel, who shall be the chief legal officer 
        of the Department.
            (2) Not more than ten Assistant Secretaries.
            (3) A Director of the Secret Service.
            (4) A Chief Financial Officer.
            (5) A Chief Information Officer.
    (e) Subject to the provisions of this Act, every officer of the 
department shall perform the functions specified by law for his office 
or prescribed by the Secretary.

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

SEC. 201. UNDER SECRETARY FOR INFORMATION ANALYSIS AND INFRASTRUCTURE 
              PROTECTION.

    In assisting the Secretary with the responsibilities specified in 
section 101(b)(2)(A), the primary responsibilities of the Under 
Secretary for Information Analysis and Infrastructure Protection shall 
include--
            (1) receiving and analyzing law enforcement information, 
        intelligence, and other information in order to understand the 
        nature and scope of the terrorist threat to the American 
        homeland and to detect and identify potential threats of 
        terrorism within the United States;
            (2) comprehensively assessing the vulnerabilities of the 
        key resources and critical infrastructures in the United 
        States;
            (3) integrating relevant information, intelligence 
        analyses, and vulnerability assessments (whether such 
        information, analyses, or assessments are provided or produced 
        by the Department or others) to identify protective priorities 
        and support protective measures by the Department, by other 
        executive agencies, by State and local government personnel, 
        agencies, and authorities, by the private sector, and by other 
        entities;
            (4) developing a comprehensive national plan for securing 
        the key resources and critical infrastructures in the United 
        States;
            (5) taking or seeking to effect necessary measures to 
        protect the key resources and critical infrastructures in the 
        United States, in coordination with other executive agencies 
        and in cooperation with State and local government personnel, 
        agencies, and authorities, the private sector, and other 
        entities;
            (6) administering the Homeland Security Advisory System, 
        exercising primary responsibility for public threat advisories, 
        and (in coordination with other executive agencies) providing 
        specific warning information to State and local government 
        personnel, agencies, and authorities, the private sector, other 
        entities, and the public, as well as advice about appropriate 
        protective actions and countermeasures; and
            (7) reviewing, analyzing, and making recommendations for 
        improvements in the policies and procedures governing the 
        sharing of law enforcement, intelligence, and other information 
        relating to homeland security within the Federal Government and 
        between such government and State and local government 
        personnel, agencies, and authorities.

SEC. 202. FUNCTIONS TRANSFERRED.

    In accordance with title VIII, there shall be transferred to the 
Secretary the functions, personnel, assets, and liabilities of the 
following entities--
            (1) the National Infrastructure Protection Center of the 
        Federal Bureau of Investigation (other than the Computer 
        Investigations and Operations Section), including the functions 
        of the Attorney General relating thereto;
            (2) the National Communications System of the Department of 
        Defense, including the functions of the Secretary of Defense 
        relating thereto;
            (3) the Critical Infrastructure Assurance Office of the 
        Department of Commerce, including the functions of the 
        Secretary of Commerce relating thereto;
            (4) the Computer Security Division of the National 
        Institute of Standards and Technology, including the functions 
        of the Secretary of Commerce relating thereto;
            (5) the National Infrastructure Simulation and Analysis 
        Center of the Department of Energy, including the functions of 
        the Secretary of Energy relating thereto; and
            (6) the Federal Computer Incident Response Center of the 
        General Services Administration, including the functions of the 
        Administrator of General Services relating thereto.

SEC. 203. ACCESS TO INFORMATION.

    The Secretary shall have access to all reports, assessments, and 
analytical information relating to threats of terrorism in the United 
States and to other areas of responsibility described in section 
101(b), and to all information concerning infrastructure or other 
vulnerabilities of the United States to terrorism, whether or not such 
information has been analyzed, that may be collected, possessed, or 
prepared by any executive agency, except as otherwise directed by the 
President. The Secretary shall also have access to other information 
relating to the foregoing matters that may be collected, possessed, or 
prepared by an executive agency, as the President may further provide. 
With respect to the material to which the Secretary has access under 
this section--
            (1) the Secretary may obtain such material by request, and 
        may enter into cooperative arrangements with other executive 
        agencies to share such material on a regular or routine basis, 
        including requests or arrangements involving broad categories 
        of material;
            (2) regardless of whether the Secretary has made any 
        request or entered into any cooperative arrangement pursuant to 
        paragraph (1), all executive agencies promptly shall provide to 
        the Secretary--
                    (A) all reports, assessments, and analytical 
                information relating to threats of terrorism in the 
                United States and to other areas of responsibility 
                described in section 101(b);
                    (B) all information concerning infrastructure or 
                other vulnerabilities of the United States to 
                terrorism, whether or not such information has been 
                analyzed;
                    (C) all information relating to significant and 
                credible threats of terrorism in the United States, 
                whether or not such information has been analyzed, if 
                the President has provided that the Secretary shall 
                have access to such information; and
                    (D) such other material as the President may 
                further provide; and
            (3) the Secretary shall ensure that any material received 
        pursuant to this section is protected from unauthorized 
        disclosure and handled and used only for the performance of 
        official duties, and that any intelligence information shared 
        under this section shall be transmitted, retained, and 
        disseminated consistent with the authority of the Director of 
        Central Intelligence to protect intelligence sources and 
        methods under the National Security Act and related procedures 
        or, as appropriate, similar authorities of the Attorney General 
        concerning sensitive law enforcement information.

SEC. 204. INFORMATION VOLUNTARILY PROVIDED.

    Information provided voluntarily by non-Federal entities or 
individuals that relates to infrastructure vulnerabilities or other 
vulnerabilities to terrorism and is or has been in the possession of 
the Department shall not be subject to section 552 of title 5, United 
States Code.

      TITLE III--CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR 
                            COUNTERMEASURES

SEC. 301. UNDER SECRETARY FOR CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND 
              NUCLEAR COUNTERMEASURES.

    In assisting the Secretary with the responsibilities specified in 
section 101(b)(2)(B), the primary responsibilities of the Under 
Secretary for Chemical, Biological, Radiological, and Nuclear 
Countermeasures shall include--
            (1) securing the people, infrastructures, property, 
        resources, and systems in the United States from acts of 
        terrorism involving chemical, biological, radiological, or 
        nuclear weapons or other emerging threats;
            (2) conducting a national scientific research and 
        development program to support the mission of the Department, 
        including developing national policy for and coordinating the 
        Federal Government's civilian efforts to identify, devise, and 
        implement scientific, technological, and other countermeasures 
        to chemical, biological, radiological, nuclear, and 
other emerging terrorist threats, including directing, funding, and 
conducting research and development relating to the same;
            (3) establishing priorities for, directing, funding, and 
        conducting national research, development, and procurement of 
        technology and systems--
                    (A) for preventing the importation of chemical, 
                biological, radiological, nuclear, and related weapons 
                and material; and
                    (B) for detecting, preventing, protecting against, 
                and responding to terrorist attacks that involve such 
                weapons or material; and
            (4) establishing guidelines for State and local government 
        efforts to develop and implement countermeasures to threats of 
        chemical, biological, radiological, and nuclear terrorism, and 
        other emerging terrorist threats.

SEC. 302. FUNCTIONS TRANSFERRED.

    In accordance with title VIII, there shall be transferred to the 
Secretary the functions, personnel, assets, and liabilities of the 
following entities--
            (1) the select agent registration enforcement programs and 
        activities of the Department of Health and Human Services, 
        including the functions of the Secretary of Health and Human 
        Services relating thereto;
            (2) the following programs and activities of the Department 
        of Energy, including the functions of the Secretary of Energy 
        relating thereto (but not including programs and activities 
        relating to the strategic nuclear defense posture of the United 
        States):
                    (A) the chemical and biological national security 
                and supporting programs and activities of the non-
                proliferation and verification research and development 
                program;
                    (B) the nuclear smuggling programs and activities, 
                and other programs and activities directly related to 
                homeland security, within the proliferation detection 
                program of the non-proliferation and verification 
                research and development program: provided, That the 
                programs and activities described in this subparagraph 
                may be designated by the President either for transfer 
                to the Department or for joint operation by the 
                Secretary and the Secretary of Energy;
                    (C) the nuclear assessment program and activities 
                of the assessment, detection, and cooperation program 
                of the international materials protection and 
                cooperation program;
                    (D) the energy security and assurance program and 
                activities;
                    (E) such life sciences activities of the biological 
                and environmental research program related to microbial 
                pathogens as may be designated by the President for 
                transfer to the Department;
                    (F) the Environmental Measurements Laboratory; and
                    (G) the advanced scientific computing research 
                program and activities, and the intelligence program 
                and activities, at Lawrence Livermore National 
                Laboratory;
            (3) the National Bio-Weapons Defense Analysis Center of the 
        Department of Defense, including the functions of the Secretary 
        of Defense related thereto; and
            (4) the Plum Island Animal Disease Center of the Department 
        of Agriculture, including the functions of the Secretary of 
        Agriculture relating thereto.

SEC. 303. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES.

    (a)(1) Except as the President may otherwise direct, the Secretary 
shall carry out his civilian human health-related biological, 
biomedical, and infectious disease defense research and development 
(including vaccine research and development) responsibilities through 
the Department of Health and Human Services (including the Public 
Health Service), under agreements with the Secretary of Health and 
Human Services, and may transfer funds to him in connection with such 
agreements.
    (2) With respect to any responsibilities carried out through the 
Department of Health and Human Services under this subsection, the 
Secretary, in consultation with the Secretary of Health and Human 
Services, shall have the authority to establish the research and 
development program, including the setting of priorities.
    (b) With respect to such other research and development 
responsibilities under this title, including health-related chemical, 
radiological, and nuclear defense research and development 
responsibilities, as he may elect to carry out through the Department 
of Health and Human Services (including the Public Health Service) 
(under agreements with the Secretary of Health and Human Services) or 
through other Federal agencies (under agreements with their respective 
heads), the Secretary may transfer funds to the Secretary of Health and 
Human Services, or to such heads, as the case may be.

SEC. 304. MILITARY ACTIVITIES.

    Except as specifically provided in this Act, nothing in this Act 
shall confer upon the Secretary any authority to engage in warfighting, 
the military defense of the United States, or other traditional 
military activities.

              TITLE IV--BORDER AND TRANSPORTATION SECURITY

SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY.

    In assisting the Secretary with the responsibilities specified in 
section 101(b)(2)(C), the primary responsibilities of the Under 
Secretary for Border and Transportation Security shall include--
            (1) preventing the entry of terrorists and the instruments 
        of terrorism into the United States;
            (2) securing the borders, territorial waters, ports, 
        terminals, waterways, and air, land, and sea transportation 
        systems of the United States, including managing and 
        coordinating governmental activities at ports of entry;
            (3) administering the immigration and naturalization laws 
        of the United States, including the establishment of rules, in 
        accordance with section  403, governing the granting of visas 
or other forms of permission, including parole, to enter the United 
States to individuals who are not citizens or lawful permanent 
residents thereof;
            (4) administering the customs laws of the United States; 
        and
            (5) in carrying out the foregoing responsibilities, 
        ensuring the speedy, orderly, and efficient flow of lawful 
        traffic and commerce.

SEC. 402. FUNCTIONS TRANSFERRED.

    In accordance with title VIII, there shall be transferred to the 
Secretary the functions, personnel, assets, and liabilities of the 
following entities--
            (1) the United States Customs Service of the Department of 
        the Treasury, including the functions of the Secretary of the 
        Treasury relating thereto;
            (2) the Immigration and Naturalization Service of the 
        Department of Justice, including the functions of the Attorney 
        General relating thereto;
            (3) the Animal and Plant Health Inspection Service of the 
        Department of Agriculture, including the functions of the 
        Secretary of Agriculture relating thereto;
            (4) the Coast Guard of the Department of Transportation, 
        which shall be maintained as a distinct entity within the 
        Department, including the functions of the Secretary of 
        Transportation relating thereto;
            (5) the Transportation Security Administration of the 
        Department of Transportation, including the functions of the 
        Secretary of Transportation, and of the Under Secretary of 
        Transportation for Security, relating thereto; and
            (6) the Federal Protective Service of the General Services 
        Administration, including the functions of the Administrator of 
        General Services relating thereto.

SEC. 403. VISA ISSUANCE.

    (a) Notwithstanding the provisions of section 104 of the 
Immigration and Nationality Act (8 U.S.C. 1104) or any other law, and 
except as provided in subsection (b) of this section, the Secretary 
shall have--
            (1) exclusive authority, through the Secretary of State, to 
        issue regulations with respect to, administer, and enforce the 
        provisions of that Act and all other immigration and 
        nationality laws relating to the functions of diplomatic and 
        consular officers of the United States in connection with the 
        granting or refusal of visas; and
            (2) authority to confer or impose upon any officer or 
        employee of the United States, with the consent of the 
        executive agency under whose jurisdiction such officer or 
        employee is serving, any of the functions specified in 
        paragraph (1).
    (b) The Secretary of State may refuse a visa to an alien if the 
Secretary of State deems such refusal necessary or advisable in the 
interests of the United States.

              TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE

SEC. 501. UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND RESPONSE.

    In assisting the Secretary with the responsibilities specified in 
section 101(b)(2)(D), the primary responsibilities of the Under 
Secretary for Emergency Preparedness and Response shall include--
            (1) helping to ensure the preparedness of emergency 
        response providers for terrorist attacks, major disasters, and 
        other emergencies;
            (2) with respect to the Nuclear Incident Response Team 
        (regardless of whether it is operating as an organizational 
        unit of the Department pursuant to this title)--
                    (A) establishing standards and certifying when 
                those standards have been met;
                    (B) conducting joint and other exercises and 
                training and evaluating performance; and
                    (C) providing funds to the Department of Energy and 
                the Environmental Protection Agency, as appropriate, 
                for homeland security planning, exercises and training, 
                and equipment;
            (3) providing the Federal Government's response to 
        terrorist attacks and major disasters, including--
                    (A) managing such response;
                    (B) directing the Domestic Emergency Support Team, 
                the Strategic National Stockpile, the National Disaster 
                Medical System, and(when operating as an organizational 
                unit of the Department pursuant to this title) the 
                Nuclear Incident Response Team;
                    (C) overseeing the Metropolitan Medical Response 
                System; and
                    (D) coordinating other Federal response resources 
                in the event of a terrorist attack or major disaster;
            (4) aiding the recovery from terrorist attacks and major 
        disasters;
            (5) building a comprehensive national incident management 
        system with Federal, State, and local government personnel, 
        agencies, and authorities, to respond to such attacks and 
        disasters;
            (6) consolidating existing Federal Government emergency 
        response plans into a single, coordinated national response 
        plan; and
            (7) developing comprehensive programs for developing 
        interoperative communications technology, and helping to ensure 
        that emergency response providers acquire such technology.

SEC. 502. FUNCTIONS TRANSFERRED.

    In accordance with title VIII, there shall be transferred to the 
Secretary the functions, personnel, assets, and liabilities of the 
following entities--
            (1) the Federal Emergency Management Agency, including the 
        functions of the Director of the Federal Emergency Management 
        Agency relating thereto;
            (2) the Office for Domestic Preparedness of the Office of 
        Justice Programs, including the functions of the Attorney 
        General relating thereto;
            (3) the National Domestic Preparedness Office of the 
        Federal Bureau of Investigation, including the functions of the 
        Attorney General relating thereto;
            (4) the Domestic Emergency Support Teams of the Department 
        of Justice, including the functions of the Attorney General 
        relating thereto;
            (5) the Office of the Assistant Secretary for Public Health 
        Emergency Preparedness (including the Office of Emergency 
        Preparedness, the National Disaster Medical System, and the 
        Metropolitan Medical Response System) of the Department of 
        Health and Human Services, including the functions of the 
        Secretary of Health and Human Services relating thereto; and
            (6) the Strategic National Stockpile of the Department of 
        Health and Human Services, including the functions of the 
        Secretary of Health and Human Services relating thereto.

SEC. 503. NUCLEAR INCIDENT RESPONSE.

    (a) At the direction of the Secretary (in connection with an actual 
or threatened terrorist attack, major disaster, or other emergency), 
the Nuclear Incident Response Team shall operate as an organizational 
unit of the Department. While so operating, the Nuclear Incident 
Response Team shall be subject to the direction, authority, and control 
of the Secretary.
    (b) Nothing in this title shall be understood to limit the ordinary 
responsibility of the Secretary of Energy and the Administrator of the 
Environmental Protection Agency for organizing, training, equipping, 
and utilizing their respective entities in the Nuclear Incident 
Response Team, or (subject to the provisions of this title) from 
exercising direction, authority, and control over them when they are 
not operating as a unit of the Department.

SEC. 504. DEFINITION.

    For purposes of this title, ``nuclear incident response team'' 
means a resource that includes--
            (1) those entities of the Department of Energy that perform 
        nuclear and/or radiological emergency support functions 
        (including accident response, search response, advisory, and 
        technical operations functions), radiation exposure functions 
        at the medical assistance facility known as Oak Ridge National 
        Laboratory, radiological assistance functions, and related 
        functions; and
            (2) those entities of the Environmental Protection Agency 
        that perform such support functions (including radiological 
        emergency response functions) and related functions.

SEC. 505. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED ACTIVITIES.

    (a) Except as the President may otherwise direct, the Secretary 
shall carry out the following responsibilities through the Department 
of Health and Human Services (including the Public Health Service), 
under agreements with the Secretary of Health and Human Services, and 
may transfer funds to him in connection with such agreements--
            (1) all biological, chemical, radiological, and nuclear 
        preparedness-related construction, renovation, and enhancement 
        of security for research and development or other facilities 
        owned or occupied by the Department of Health and Human 
        Services; and
            (2) all public health-related activities being carried out 
        by the Department of Health and Human Services on the effective 
        date of this Act (other than activities under functions 
        transferred by this Act to the Department) to assist State and 
        local government personnel, agencies, or authorities, non-
        Federal public and private health care facilities and 
        providers, and public and non-profit health and educational 
        facilities, to plan, prepare for, prevent, identify, and 
        respond to biological, chemical, radiological, and nuclear 
        events and public health emergencies, by means including direct 
        services, technical assistance, communications and 
        surveillance, education and training activities, and grants.
    (b) With respect to any responsibilities carried out through the 
Department of Health and Human Services under this section, the 
Secretary, in consultation with the Secretary of Health and Human 
Services, shall have the authority to establish the preparedness and 
response program, including the setting of priorities.

                          TITLE VI--MANAGEMENT

SEC. 601. UNDER SECRETARY FOR MANAGEMENT.

    In assisting the Secretary with the management and administration 
of the Department, the primary responsibilities of the Under Secretary 
for Management shall include, for the Department--
            (1) the budget, appropriations, expenditures of funds, 
        accounting, and finance;
            (2) procurement;
            (3) human resources and personnel;
            (4) information technology and communications systems;
            (5) facilities, property, equipment, and other material 
        resources;
            (6) security for personnel, information technology and 
        communications systems, facilities, property, equipment, and 
        other material resources; and
            (7) identification and tracking of performance measures 
        relating to the responsibilities of the Department.

SEC. 602. CHIEF FINANCIAL OFFICER.

    The Chief Financial Officer shall report to the Secretary, or to 
another official of the Department, as the Secretary may direct.

SEC. 603. CHIEF INFORMATION OFFICER.

    The Chief Information Officer shall report to the Secretary, or to 
another official of the Department, as the Secretary may direct.

 TITLE VII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
            UNITED STATES SECRET SERVICE; GENERAL PROVISIONS

           Subtitle A--Coordination with Non-Federal Entities

SEC. 701. RESPONSIBILITIES.

    In discharging his responsibilities relating to coordination 
(including the provision of training and equipment) with State and 
local government personnel, agencies, and authorities, with the private 
sector, and with other entities, the responsibilities of the Secretary 
shall include--
            (1) coordinating with State and local government personnel, 
        agencies, and authorities, and with the private sector, to 
        ensure adequate planning, equipment, training, and exercise 
        activities;
            (2) coordinating and, as appropriate, consolidating, the 
        Federal Government's communications and systems of 
        communications relating to homeland security with State and 
        local government personnel, agencies, and authorities, the 
        private sector, other entities, and the public;
            (3) directing and supervising grant programs of the Federal 
        Government for State and local government emergency response 
        providers; and
            (4) distributing or, as appropriate, coordinating the 
        distribution of, warnings and information to State and local 
        government personnel, agencies, and authorities and to the 
        public.

                     Subtitle B--Inspector General

SEC. 710. AUTHORITY OF THE SECRETARY.

    (a) Notwithstanding the last two sentences of section 3(a) of the 
Inspector General Act of 1978, the Inspector General shall be under the 
authority, direction, and control of the Secretary with respect to 
audits or investigations, or the issuance of subpoenas, that require 
access to information concerning--
            (1) intelligence, counterintelligence, or counterterrorism 
        matters;
            (2) ongoing criminal investigations or proceedings;
            (3) undercover operations;
            (4) the identity of confidential sources, including 
        protected witnesses;
            (5) other matters the disclosure of which would, in the 
        Secretary's judgment, constitute a serious threat to the 
        protection of any person or property authorized protection by 
        section 3056 of title 18, United States Code, section 202 of 
        title 3 of such Code, or any provision of the Presidential 
        Protection Assistance Act of 1976; or
            (6) other matters the disclosure of which would, in the 
        Secretary's judgment, constitute a serious threat to national 
        security.
    (b) With respect to the information described in subsection (a), 
the Secretary may prohibit the Inspector General from carrying out or 
completing any audit or investigation, or from issuing any subpoena, 
after such Inspector General has decided to initiate, carry out, or 
complete such audit or investigation or to issue such subpoena, if the 
Secretary determines that such prohibition is necessary to prevent the 
disclosure of any information described in subsection (a), to preserve 
the national security, or to prevent a significant impairment to the 
interests of the United States.
    (c) The Secretary shall notify the President of the Senate and the 
Speaker of the House of Representatives within thirty days of any 
exercise of his authority under this section.

                Subtitle C--United States Secret Service

SEC. 720. FUNCTIONS TRANSFERRED.

    In accordance with title VIII, there shall be transferred to the 
Secretary the functions, personnel, assets, and liabilities of the 
United States Secret Service, which shall be maintained as a distinct 
entity within the Department, including the functions of the Secretary 
of the Treasury relating thereto.

                     Subtitle D--General Provisions

SEC. 730. ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT SYSTEM.

    Title 5, United States Code, is amended by inserting--
            (1) after part III a new part as follows:

               ``PART IV--DEPARTMENT OF HOMELAND SECURITY

                             ``CHAPTER 100

``Sec.
``10001. Human Resources Management System.
``Sec. 10001. Human Resources Management System
    ``Notwithstanding any other provision of this title, the Secretary 
of Homeland Security may, in regulations prescribed jointly with the 
Director of the Office of Personnel Management, establish, and from 
time to time adjust, a human resources management system for some or 
all of the organizational units of the Department of Homeland Security, 
which shall be flexible, contemporary, and grounded in the public 
employment principles of merit and fitness.''; and
            (2) the following after the matter relating to part III in 
        the analysis:

               ``Part IV--Department of Homeland Security

``1. Human Resources Management System.....................    10001''.

SEC. 731. ADVISORY COMMITTEES.

    The Secretary may establish, appoint members of, and use the 
services of, advisory committees, as he may deem necessary. The service 
of an individual as a member of an advisory committee established under 
this paragraph shall not be considered to be service bringing him 
within the provisions of sections 203, 205, or 207 of title 18, United 
States Code, unless his act, which by any such section is made unlawful 
when performed by an individual referred to therein, is with respect to 
any particular matter that directly involves the Department or in which 
the Department is directly interested. An advisory committee 
established under this section shall not be subject to Public Law 92-
463, but the Secretary shall publish notice in the Federal Register 
announcing the establishment of such a committee and identifying its 
purpose and membership.

SEC. 732. ACQUISITIONS; PROPERTY.

    (a)(1) When the Secretary carries out basic, applied, and advanced 
research and development projects, he may exercise the same authority 
(subject to the same limitations and conditions) with respect to such 
research and projects as the Secretary of Defense may exercise under 
section 2371 of title 10, United States Code (except for subsections 
(b) and (f)), after making a determination that the use of a contract, 
grant, or cooperative agreement for such project is not feasible or 
appropriate. The annual report required under subsection (h) of such 
section, as applied to the Secretary by this paragraph, shall be 
submitted to the President of the Senate and the Speaker of the House 
of Representatives.
    (2) The Secretary may, under the authority of paragraph (1), carry 
out prototype projects in accordance with the requirements and 
conditions provided for carrying out prototype projects under section 
845 of the National Defense Authorization Act for Fiscal Year 1994 
(Public Law 103-160). In applying the authorities of such section 845, 
subsection (c) thereof shall apply with respect to prototype projects 
under this paragraph, and the Secretary shall perform the functions of 
the Secretary of Defense under subsection (d) thereof.
    (b) Notwithstanding the time and pay limitations of section 3109 of 
title 5, United States Code, the Secretary may procure personal 
services, including the services of experts and consultants (or 
organizations thereof).
    (c) Section 602 of the Act of June 30, 1949 (40 U.S.C. 474) is 
amended by replacing ``; or (21)'' with ``; (21) the Department of 
Homeland Security; or (22)''.
    (d) Notwithstanding any other provision of law, the Secretary, in 
accordance with regulations prescribed jointly with the Administrator 
of General Services and the Director of the Office of Management and 
Budget--
            (1) may acquire replacement real property (including 
        interests therein)--
                    (A) by transfer or exchange of the Department's 
                property with other executive agencies; or
                    (B) by sale to or exchange of the Department's 
                property with non-Federal parties;
            (2) by lease, permit, license, or other similar instrument, 
        may make available to other executive agencies and to non-
        Federal parties, on a fair market rental value basis, the 
        unexpired portion of any government lease for real property 
        occupied or possessed by the Department;
            (3) may make available by outlease agreements with other 
        executive agencies or with non-Federal parties, any unused or 
        underused portion of or interest in any real or related 
        personal property occupied or possessed by the Department; and
            (4) may deposit the proceeds of any exercise of the 
        authority granted by this subsection into any account in the 
        Treasury available to him, without regard to fiscal year 
        limitations.
    (e) Upon the written request of the Secretary, the Administrator of 
General Services shall delegate to him all responsibilities and 
authorities provided by law to the Administrator for the care and 
handling of the Department's surplus real and related personal 
property, pending its disposition, and for the disposal of such 
property.
    (f) Notwithstanding any other provision of law, the Secretary may 
retain, from the proceeds of the sale of personal property, amounts 
necessary to recover, to the extent practicable, the full costs (direct 
and indirect) incurred by the Secretary in disposing of such property, 
including but not limited to the costs of warehousing, storage, 
environmental services, advertising, appraisal, and transportation. 
Such amounts shall be deposited into an account available for such 
expenses without regard to fiscal year limitations.

SEC. 733. REORGANIZATION; TRANSFER.

    (a) The Secretary is authorized to allocate or reallocate functions 
among the officers of the Department, and to establish, consolidate, 
alter, or discontinue such organizational units within the Department, 
as he may deem necessary or appropriate, but such authority does not 
extend to--
            (1) any entity transferred to the Department and 
        established by statute, or any function vested by statute in 
        such an entity or officer of such an entity, unless not less 
        than ninety days' notice has been given to the President of the 
        Senate and Speaker of the House of Representatives; or
            (2) the abolition of any entity established or required to 
        be maintained as a distinct entity by this Act.
    (b) Except as otherwise specifically provided by law, not to exceed 
five percent of any appropriation available to the Secretary in any 
fiscal year may be transferred between such appropriations: provided, 
That not less than fifteen days' notice shall be given to the 
Committees on Appropriations of the Senate and House of Representatives 
before any such transfer is made.

SEC. 734. MISCELLANEOUS PROVISIONS.

    (a) The Department shall have a seal, whose design is subject to 
the approval of the President.
    (b) With respect to the Department, the Secretary shall have the 
same authorities that the Attorney General has with respect to the 
Department of Justice under section 524(d) of title 28, United States 
Code.
    (c) With respect to the Department, the Secretary shall have the 
same authorities that the Secretary of Transportation has with respect 
to the Department of Transportation under section 324 of title 49, 
United States Code.
    (d) Unless otherwise provided in the delegation or by law, any 
function delegated under this Act may be redelegated to any 
subordinate.

SEC. 735. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act.

                         TITLE VIII--TRANSITION

SEC. 801. DEFINITIONS.

    For purposes of this title--
            (1) the term ``agency'' includes any entity, organizational 
        unit, or function; and
            (2) the term ``transition period'' means the 12-month 
        period beginning on the effective date of this Act.

SEC. 802. TRANSFER OF AGENCIES.

    The transfer of an agency to the Department shall occur when the 
President so directs, but in no event later than the end of the 
transition period. When an agency is transferred, the President may 
also transfer to the Department any agency established to carry out or 
support adjudicatory or review functions in relation to the agency.

SEC. 803. TRANSITIONAL AUTHORITIES.

    (a) Until the transfer of an agency to the Department, any official 
having authority over or functions relating to the agency immediately 
before the effective date of this Act shall provide to the Secretary 
such assistance, including the use of personnel and assets, as he may 
request  in preparing for the transfer and integration of the agency 
into the Department.
    (b) During the transition period, upon the request of the 
Secretary, the head of any executive agency may, on a reimbursable or 
nonreimbursable basis, provide services and/or detail personnel to 
assist with the transition.
    (c) Until the transfer of an agency to the Department, the 
President is authorized to transfer to the Secretary not to exceed five 
percent of the unobligated balance of any appropriation available to 
such agency, to fund the purposes authorized in this Act: Provided, 
That not less than 15 days' notice shall be given to the Committees on 
Appropriations of the Senate and House of Representatives before any 
such funds transfer is made.
    (d)(1) During the transition period, pending the advice and consent 
of the Senate to the appointment of an officer required by this Act to 
be appointed by and with such advice and consent, the President may 
designate any officer whose appointment was required to be made by and 
with such advice and consent and who was such an officer immediately 
before the effective date of this Act (and who continues in office) or 
immediately before such designation, to act in such office until the 
same is filled as provided in this Act; while so acting, such officers 
shall receive compensation at the higher of--
            (A) the rates provided by this Act for the respective 
        offices in which they act; or
            (B) the rates provided for the offices held at the time of 
        designation.
    (2) Nothing in this Act shall be understood to require the advice 
and consent of the Senate to the appointment by the President to a 
position in the Department of any officer whose agency is transferred 
to the Department pursuant to this Act and whose duties following such 
transfer are germane to those performed before such transfer.
    (e) Upon the transfer of an agency to the Department--
            (1) the personnel, assets, and liabilities held by or 
        available in connection with the agency shall be transferred to 
        the Secretary for appropriate allocation, subject to the 
        approval of the Director of the Office of Management and Budget 
        and notwithstanding the provisions of section 1531(a)(2) of 
        title 31, United States Code; and
            (2) the Secretary shall have all functions relating to the 
        agency that any other official could by law exercise in 
        relation to the agency immediately before such transfer, and 
        shall have in addition all functions vested in the Secretary by 
        this Act or other law.

SEC. 804. SAVINGS PROVISIONS.

    (a)(1) Completed administrative actions of an agency shall not be 
affected by the enactment of this Act or the transfer of such agency to 
the Department, but shall continue in effect according to their terms 
until amended, modified, superseded, terminated, set aside, or revoked 
in accordance with law by an officer of the United States or a court of 
competent jurisdiction, or by operation of law.
    (2) For purposes of paragraph (1), the term ``completed 
administrative action'' includes orders, determinations, rules, 
regulations, personnel actions, permits, agreements, grants, contracts, 
certificates, licenses, registrations, and privileges.
    (b) Subject to the authority of the Secretary under this Act--
            (1) pending proceedings in an agency, including notices of 
        proposed rulemaking, and applications for licenses, permits, 
        certificates, grants, and financial assistance, shall continue 
        notwithstanding the enactment of this Act or the transfer of 
        the agency to the Department, unless discontinued or modified 
        under the same terms and conditions and to the same extent that 
        such discontinuance could have occurred if such enactment or 
        transfer had not occurred; and
            (2) orders issued in such proceedings, and appeals 
        therefrom, and payments made pursuant to such orders, shall 
        issue in the same manner and on the same terms as if this Act 
        had not been enacted or the agency had not been transferred, 
        and any such orders shall continue in effect until amended, 
        modified, superseded, terminated, set aside, or revoked by an 
        officer of the United States or a court of competent 
        jurisdiction, or by operation of law.
    (c) Subject to the authority of the Secretary under this Act, 
pending civil actions shall continue notwithstanding the enactment of 
this Act or the transfer of an agency to the Department, and in such 
civil actions, proceedings shall be had, appeals taken, and judgments 
rendered and enforced in the same manner and with the same effect as if 
such enactment or transfer had not occurred.
    (d) References relating to an agency that is transferred to the 
Department in statutes, Executive orders, rules, regulations, 
directives, or delegations of authority that precede such transfer or 
the effective date of this Act shall be deemed to refer, as 
appropriate, to the Department, to its officers, employees, or agents, 
or to its corresponding organizational units or functions. Statutory 
reporting requirements that applied in relation to such an agency 
immediately before the effective date of this Act shall continue to 
apply following such transfer if they refer to the agency by name.
    (e)(1) Notwithstanding the generality of the foregoing (including 
subsections (a) and (d)), in and for the Department the Secretary may, 
in regulations prescribed jointly with the Director of the Office of 
Personnel Management, adopt the rules, procedures, terms, and 
conditions, established by statute, rule, or regulation before the 
effective date of this Act, relating to employment in any agency 
transferred to the Department pursuant to this Act; and
            (2) except as otherwise provided in this Act, or under 
        authority granted by this Act, the transfer pursuant to this 
        Act of personnel shall not alter the terms and conditions of 
        employment, including compensation, of any employee so 
        transferred.

SEC. 805. TERMINATIONS.

    Except as otherwise provided in this Act, whenever all the 
functions vested by law in any agency have been transferred pursuant to 
this Act, each position and office the incumbent of which was 
authorized to receive compensation at the rates prescribed for an 
office or position  at level II, III, IV, or V, of the Executive 
Schedule, shall terminate.

SEC. 806. INCIDENTAL TRANSFERS.

    The Director of the Office of Management and Budget, in 
consultation with the Secretary, is authorized and directed to make 
such additional incidental dispositions of personnel, assets, and 
liabilities held, used, arising from, available, or to be made 
available, in connection with the functions transferred by this Act, as 
he may deem necessary to accomplish the purposes of this Act.

             TITLE IX--CONFORMING AND TECHNICAL AMENDMENTS

SEC. 901. INSPECTOR GENERAL ACT.

    Section 11 of the Inspector General Act of 1978 (Public Law 95-452) 
is amended by--
            (1) inserting ``Homeland Security,'' after 
        ``Transportation,'' each place it appears;
            (2) replacing ``; and'' each place it appears with ``;'';
            (3) replacing ``,,'' with ``,''; and
            (4) replacing ``;;'' with ``;''.

SEC. 902. EXECUTIVE SCHEDULE.

    Title 5, United States Code, is amended--
            (1) in section 5312, by inserting ``Secretary of Homeland 
        Security.'' as a new item after ``Affairs.'';
            (2) in section 5313, by inserting ``Deputy Secretary of 
        Homeland Security.'' as a new item after ``Affairs.'';
            (3) in section 5314, by inserting ``Under Secretaries, 
        Department of Homeland Security.'' as a new item after 
        ``Affairs.'' the third place it appears;
            (4) in section 5315, by inserting ``Assistant Secretaries, 
        Department of Homeland Security.'', ``General Counsel, 
        Department of Homeland Security.'', ``Chief Financial Officer, 
        Department of Homeland Security.'', ``Chief Information 
        Officer, Department of Homeland Security.'', and ``Inspector 
        General, Department of Homeland Security.'' as new items after 
        ``Affairs.'' the first place it appears.

SEC. 903. UNITED STATES SECRET SERVICE.

    (a) The United States Code is amended in sections 202 and 208 of 
title 3, and in section 3056 of title 18, by replacing ``of the 
Treasury'', each place it appears, with ``of Homeland Security''.
    (b) The amendments made by this section shall take effect on the 
date of transfer of the United States Secret Service to the Department.

SEC. 904. COAST GUARD.

    (a) Title 14 of the United States Code is amended--
            (1) in sections 1, 3, 53, 95, 145, 516, 666, 669, 673 (as 
        added by Public Law 104-201), 673 (as added by Public Law 104-
        324), 674, 687, and 688, by replacing ``of Transportation'', 
        each place it appears, with ``of Homeland Security''; and
            (2) after executing the other amendments required by this 
        subsection, by redesignating the section 673 added by Public 
        Law 104-324 as section 673a.
    (b) Section 801(1) of title 10, United States Code, is amended by 
replacing ``the General Counsel of the Department of Transportation'' 
with ``an official designated to serve as Judge Advocate General of the 
Coast Guard by the Secretary of Homeland Security''.
    (c) The amendments made by this section shall take effect on the 
date of transfer of the Coast Guard to the Department.

SEC. 905. STRATEGIC NATIONAL STOCKPILE AND SMALLPOX VACCINE 
              DEVELOPMENT.

    (a) The Public Health Security and Bioterrorism Preparedness and 
Response Act of 2002 is amended--
            (1) in section 121(a)(1)--
                    (A) by replacing ``Secretary of Health and Human 
                Services'' with ``Secretary of Homeland Security'';
                    (B) by inserting ``the Secretary of Health and 
                Human Services and'' between ``in coordination with'' 
                and ``the Secretary of Veterans Affairs''; and
                    (C) by inserting ``of Health and Human Services'' 
                after ``as are determined by the Secretary''; and
            (2) in subsections 121(a)(2) and (b), by inserting ``of 
        Health and Human Services'' after ``Secretary'' each place it 
        appears.
    (b) The amendments made by this section shall take effect on the 
date of transfer of the Strategic National Stockpile of the Department 
of Health and Human Services to the Department.

SEC. 906. SELECT AGENT REGISTRATION.

    (a) The Public Health Service Act is amended--
            (1) in section 351A(a)(1)(A), by inserting ``(as defined in 
        subsection (l)(9))'' after ``Secretary'';
            (2) in section 351A(h)(2)(A), by inserting ``Department of 
        Homeland Security, the'' before ``Department of Health and 
        Human Services'';
            (3) in section 351A(l), by inserting after paragraph (8) a 
        new paragraph as follows:
            ``(9) The term `Secretary' means the Secretary of Homeland 
        Security, in consultation with the Secretary of Health and 
        Human Services.''; and
            (4) in section 352A(i)--
                    (A) by striking ``(1)'' the first place it appears; 
                and
                    (B) by striking paragraph (2).
    (b) Section 201(b) of the Public Health Security and Bioterrorism 
Preparedness and Response Act of 2002 is amended by replacing 
``Secretary of Health and Human Services'' with ``Secretary of Homeland 
Security''.
    (c) The amendments made by this section shall take effect on the 
date of transfer of the select agent registration enforcement programs 
and activities of the Department of Health and Human Services to the 
Department.

SEC. 907. NATIONAL BIO-WEAPONS DEFENSE ANALYSIS CENTER.

    There is established in the Department of Defense a National Bio-
Weapons Defense Analysis Center, whose mission is to develop 
countermeasures to potential attacks by terrorists using weapons of 
mass destruction.
                                 <all>