[Congressional Record Volume 147, Number 136 (Thursday, October 11, 2001)]
[Senate]
[Pages S10646-S10648]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LIEBERMAN (for himself and Mr. Specter):
  S. 1534. A bill to establish the Department of National Homeland 
Security; to the Committee on Governmental Affairs.
  Mr. LIEBERMAN. Mr. President, today, Senator Specter and I are 
introducing legislation to create a Department of National Homeland 
Security. One month ago, America suffered devastating attacks at the 
hands of terrorists with whom we are now at war. Our Nation has 
struggled to adjust to the realization that our citizens are vulnerable 
to hostile acts on the part of adversaries whose methods are as 
fanatical as their goals. The legislation we are introducing is 
intended to provide Americans with the assurance they need to return to 
their daily routines without fear of further attack, and so confound 
the terrorists, whose aim was to disrupt our lives and break our 
spirit.
  Shortly after the attacks, the Senate Governmental Affairs Committee 
held a hearing to explore how government could better organize itself 
to defend against such threats. Former Senators Gary Hart and Warren 
Rudman, co-chairs of the U.S. Commission on National Security/21st 
Century, offered compelling testimony in favor of creating a homeland 
security agency.
  The legislation we are introducing today is based largely on the 
Commission's recommendation. It will create a cabinet-level Department 
of National Homeland Security. This Department would bring the Federal 
Emergency Management Agency, the Customs Service, the Border Patrol, 
the Coast Guard, and certain offices responsible for critical 
infrastructure protection under a single administrative umbrella.
  The Department will be headed by a Secretary, who will be appointed 
by the President and confirmed by the Senate, and who will be a 
statutory member of the National Security Council. The Secretary will 
be accountable to the Congress and the American people. Like other 
cabinet members, the Secretary for Homeland Security would enjoy 
executive control over personnel and programs, and have all-important 
budget authority over his department's spending priorities. The 
Secretary for Homeland Security would have the rank and power to ensure 
that the security of our homeland remains high on our national agenda, 
and that all necessary resources are made available toward that end.
  The new Department would be organized into three functional 
directorates that would be responsible for ``3 Ps": prevention, 
protection, and preparation for response.
  The Coast Guard, Customs Service, and Border Patrol would comprise 
the ``prevention'' directorate, responsible for securing our borders 
and making sure that potentially harmful persons or materials never 
make it onto American soil. Each of these organizations is now on the 
front line of our nation's efforts to prevent future acts of terrorism; 
however, they are not working together as well as they should, a 
problem exacerbated by the fact that homeland security is not among 
their parent agencies' primary missions. They require additional 
resources, but they also need to be under a single Secretary, who can 
direct their efforts jointly to fulfill a shared homeland defense 
mission.
  The Critical Infrastructure Assurance Office and the Information 
Infrastructure Protection Institute, both of the Commerce Department, 
and the National Infrastructure Protection Center, now located in the 
FBI, would serve as the nucleus of the ``protection'' directorate, with 
the difficult task of working to help safeguard our transportation 
networks, power grids, water supply, cybersystems and other essential 
systems from attacks or other threats. These offices share essentially 
the same mission, and it makes sense that they are placed under a 
single Department and Secretary, so that they operate in unison.
  Finally, FEMA and the FBI's National Domestic Preparedness Office 
would form the core of the ``preparation'' directorate, which would 
conduct the planning and mitigation measures necessary to prepare for 
disasters as well as to operate the crisis and recovery response 
machinery when emergencies do occur. Importantly, by building this 
directorate around FEMA, we will ensure that much of the Homeland 
Defense Department's organizational infrastructure will be focused 
towards working effectively with State and local governments, which are 
clearly key players in homeland defense.
  In short, this legislation is meant to structure homeland defense in 
a way that makes sense operationally, but also in terms of maximizing 
funding priorities, interagency cooperation, and bureaucratic clout.
  In proposing this legislation, we know well that there are other 
ideas and proposals under consideration, and we look forward to working 
with our House and Senate colleagues, as well as the President, to 
arrive at what is best for the American people. The President has 
appointed Governor Tom Ridge to head a the new Office of Homeland 
Security in the White House, to coordinate strategy across the 40-plus 
government agencies that now have important roles to play in the fight 
against terrorism. This is clearly a critical

[[Page S10647]]

function. I absolutely agree that there must be better coordination 
across the agencies, including intelligence and law-enforcement 
functions, which are central to preventing acts of terror at home. My 
fear is that it is not enough to improve coordination and cooperation 
across the existing array of federal agencies and programs.
  I am convinced that protecting our homeland requires nothing less 
than the establishment of a robust, cabinet-level Department, and led 
by a Secretary who has executive control over key agencies, full 
authority over his organization's budget, the ability to deploy 
personnel and resources, and the capacity to make and implement 
decisions immediately.
  I am proud to have Senator Specter as a principal cosponsor of this 
legislation. I am pleased to note that similar legislation has been 
offered in the House by Rep. Mac Thornberry, Rep. Ellen Tauscher, and 
others, who deserve our thanks for drafting this legislation well 
before the events of September 11, 2001. We look forward to working 
with them and other interested Members of Congress, as well as the 
Administration, to ensure that our government is effectively organized 
to defend the American people at home.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1534

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Department of National 
     Homeland Security Act of 2001''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Department.--The term ``Department'' means the 
     Department of National Homeland Security established under 
     this Act.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of National Homeland Security.

     SEC. 3. ESTABLISHMENT OF THE DEPARTMENT OF NATIONAL HOMELAND 
                   SECURITY.

       (a) Establishment.--There is established 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) Cabinet level position.--Section 5312 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``Secretary of National Homeland Security.''.
       (3) 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) Duties.--The duties of the Secretary shall be the 
     following:
       (1) To plan, coordinate, and integrate those United States 
     Government activities relating to homeland security, 
     including border security and emergency preparedness, and to 
     act as a focal point regarding natural and manmade crises and 
     emergency planning.
       (2) To work with State and local governments and executive 
     agencies in protecting United States homeland security, and 
     to support State officials through the use of regional 
     offices around the Nation.
       (3) To provide overall planning guidance to executive 
     agencies regarding United States homeland security.
       (4) To conduct exercise and training programs for employees 
     of the Department and establish effective command and control 
     procedures for the full range of potential contingencies 
     regarding United States homeland security, including 
     contingencies that require the substantial support of 
     military assets.
       (5) To annually develop a Federal response plan for 
     homeland security and emergency preparedness.

     SEC. 4. TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND 
                   ASSETS TO THE DEPARTMENT.

       The authorities, functions, personnel, and assets of the 
     following entities are transferred to the Department:
       (1) The Federal Emergency Management Agency, the ten 
     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 Border Patrol of the Immigration and Naturalization 
     Service, which shall be maintained as a distinct entity 
     within the Department.
       (4) The United States Coast Guard, which shall be 
     maintained as a distinct entity within the Department.
       (5) The Critical Infrastructure Assurance Office and the 
     Institute of Information Infrastructure Protection of the 
     Department of Commerce.
       (6) The National Infrastructure Protection Center and the 
     National Domestic Preparedness Office of the Federal Bureau 
     of Investigation.

     SEC. 5. ESTABLISHMENT OF DIRECTORATES AND OFFICE.

       (a) Establishment of Directorates.--The following staff 
     directorates are established within the Department:
       (1) Directorate of prevention.--The Directorate of 
     Prevention, which shall be responsible for the following:
       (A) Overseeing and coordinating all United States border 
     security activities.
       (B) Developing border and maritime security policy for the 
     United States.
       (C) Developing and implementing international standards for 
     enhanced security in transportation nodes.
       (2) Directorate of critical infrastructure protection.--The 
     Directorate of Critical Infrastructure Protection, which 
     shall be responsible for the following:
       (A) Acting as the Critical Information Technology, 
     Assurance, and Security Officer of the 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 date of 
     the enactment of this Act.
       (H) Assuming the responsibilities carried out by the 
     National Infrastructure Protection Center before the date of 
     the enactment of this Act.
       (I) Supporting and overseeing the management of the 
     Institute for Information Infrastructure Protection.
       (3) Directorate for emergency preparedness and response.--
     The Directorate for Emergency Preparedness and Response, 
     which shall be responsible for the following:
       (A) Carrying out all emergency preparedness and response 
     activities carried out by the Federal Emergency Management 
     Agency before the date of the enactment of this Act.
       (B) Assuming the responsibilities carried out by the 
     National Domestic Preparedness Office before the date of the 
     enactment of this Act.
       (C) Organizing and training local entities to respond to 
     emergencies and providing State and local authorities with 
     equipment for detection, protection, and decontamination in 
     an emergency involving weapons of mass destruction.
       (D) Overseeing Federal, State, and local emergency 
     preparedness training and exercise programs in keeping with 
     current intelligence estimates and providing a single staff 
     for Federal assistance for any emergency (including 
     emergencies caused by flood, earthquake, hurricane, disease, 
     or terrorist bomb).
       (E) Creating a National Crisis Action Center to act as the 
     focal point for monitoring emergencies and for coordinating 
     Federal support for State and local governments and the 
     private sector in crises.
       (F) Establishing training and equipment standards, 
     providing resource grants, and encouraging intelligence and 
     information sharing among the Department of Defense, the 
     Federal Bureau of Investigation, the Central Intelligence 
     Agency, State emergency management officials, and local first 
     responders.
       (G) Coordinating and integrating activities of the 
     Department of Defense, the National Guard, and other Federal 
     agencies into a Federal response plan.
       (H) Coordinating activities among private sector entities, 
     including entities within the medical community, with respect 
     to recovery, consequence management, and planning for 
     continuity of services.
       (I) Developing and managing a single response system for 
     national incidents in coordination with the Department of 
     Justice, the Federal Bureau of Investigation, the Department 
     of Health and Human Services, and the Centers for Disease 
     Control.

[[Page S10648]]

       (J) Maintaining Federal asset databases and supporting up-
     to-date State and local databases.
       (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. 6. REPORTING REQUIREMENTS.

       (a) Biennial Reports.--The Secretary shall submit to 
     Congress on a biennial basis--
       (1) a report assessing the resources and requirements of 
     executive agencies relating to border security and emergency 
     preparedness issues; and
       (2) a report certifying the preparedness of the United 
     States to prevent, protect against, and respond to natural 
     disasters, cyber attacks, and incidents involving weapons of 
     mass destruction.
       (b) Additional Report.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary shall submit 
     to Congress a report--
       (1) assessing the progress of the Department in--
       (A) implementing the provisions of this Act; 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 Act.

     SEC. 7. COORDINATION WITH OTHER ORGANIZATIONS.

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

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

       The 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. 9. 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. 10. SAVINGS PROVISIONS.

       (a) Continuing Effect of Legal Documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, 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 
     Act, 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 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 Act 
     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 Act takes effect, with respect to 
     functions transferred by this Act 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 Act 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 Act had not been enacted.
       (c) Suits Not Affected.--The provisions of this Act 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 Act 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 Act.
       (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 Act may be 
     continued by the National Homeland Security with the same 
     effect as if this Act had not been enacted.
       (f) 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 Act--
       (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.

     SEC. 11. EFFECTIVE DATE.

       This Act shall take effect 6 months after the date of 
     enactment of this Act.
                                 ______