[Congressional Record Volume 148, Number 153 (Monday, December 16, 2002)]
[Extensions of Remarks]
[Pages E2145-E2146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page E2145]]



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      ACTIVITY REPORT OF THE SELECT COMMITTEE ON HOMELAND SECURITY

                                 ______
                                 

                         HON. RICHARD K. ARMEY

                                of texas

                    in the house of representatives

                       Monday, December 16, 2002

  Mr. ARMEY. Mr. Speaker, due to the unique circumstances of the Select 
Committee on Homeland Security, we were unable to complete the 
committee activity report required under clause 1(d) of rule XI of the 
Rules of the House of Representatives for the 107th Congress in time to 
have it printed as a House report. However, I am submitting this report 
for printing in the Record so that the legislative history of the 
Homeland Security Act will be preserved.

REPORT ON THE ACTIVITY OF THE SELECT COMMITTEE ON HOMELAND SECURITY FOR 
                           THE 107TH CONGRESS

       Mr. Armey, from the Select Committee on Homeland Security, 
     submitted the following Report:


                         AUTHORIZING RESOLUTION

       On June 18, 2002, the Committee on Rules reported an 
     original measure, H.Res. 449 (H. Rept. 107-517), to establish 
     the Select Committee on Homeland Security. On June 19, 2002, 
     the House agreed to the resolution by a voice vote. The text 
     of the resolution follows:

                              H. Res. 449

     In the House of Representatives, U.S., June 19, 2002.
       Resolved, That there is hereby established a Select 
     Committee on Homeland Security.
       Sec. 2. Composition.--The select committee shall be 
     composed of nine Members appointed by the Speaker, of whom 
     four shall be appointed on the recommendation of the Minority 
     Leader. The Speaker shall designate one member as chairman.
       Sec. 3. Jurisdiction.--The select committee may develop 
     recommendations and report to the House on such matters that 
     relate to the establishment of a department of homeland 
     security as may be referred to it by the Speaker and on 
     recommendations submitted to it under section 6.
       Sec. 4. Procedure.--(a) Except as provided in paragraphs 
     (1) and (2), rule XI shall apply to the select committee to 
     the extent not inconsistent with this resolution.
       (1) Clause 1(b) and clause 2(m)(1)(B) of rule XI shall not 
     apply to the select committee.
       (2) The select committee is not required to adopt written 
     rules to implement the provisions of clause 4 of rule XI.
       (b) Clause 10(b) of rule X shall not apply to the select 
     committee.
       Sec. 5. Funding.--To enable the select committee to carry 
     out the purposes of this resolution, the select committee may 
     utilize the services of staff of the House.
       Sec. 6. Reporting.--Each standing or permanent select 
     committee to which the Speaker refers to a bill introduced by 
     the Majority Leader or his designee (by request) that 
     proposes to establish a department of homeland security may 
     submit its recommendations on the bill only to the select 
     committee. Such recommendations may be submitted not later 
     than a time designated by the Speaker.
       (b) The select committee shall consider the recommendations 
     submitted to it on a bill described in subsection (a) and 
     shall report to the House its recommendations on such bill.
       Sec. 7. Dissolution.--(a) The select committee shall cease 
     to exist after final disposition of a bill described in 
     section 6(a), including final disposition of any veto message 
     on such bill.
       (b) Upon the dissolution of the select committee, this 
     resolution shall not be construed to alter the jurisdiction 
     of any standing committee.
       Sec. 8. Disposition of Records.--Upon dissolution of the 
     select committee, the records of the select committee shall 
     become the records of any committee designated by the 
     Speaker.

                  LEGISLATIVE AND OVERSIGHT ACTIVITIES

                         Legislative Activities


                     homeland security act of 2002

               Public Law 107-296 (H.R. 5005, H.R. 5710)

       Summary. The Homeland Security Act of 2002, will create the 
     Department of Homeland Security (DHS) to provide for the 
     security of the American people, territory, and sovereignty 
     within the United States. The Department of Homeland Security 
     will help fulfill the Constitutional responsibility of the 
     Federal government by providing for the common defense by 
     uniting, under a single department those elements within the 
     government whose primary responsibility is to secure the 
     United States homeland. This department will have the mission 
     of preventing terrorist attacks within the United States, 
     reducing the United States' vulnerability to terrorism, 
     minimizing the damages from attacks, and assisting in 
     recovery from any attacks, should they occur. The Department 
     must fulfill these missions while protecting civil liberties.
       The Department's primary responsibilities will include: 
     analyzing information and protecting infrastructure; 
     developing countermeasures against chemical, biological, 
     radiological, and nuclear attacks; securing U.S. borders and 
     transportation systems; organizing emergency preparedness and 
     response efforts; conducting homeland security related 
     research, development, technology, and acquisition programs; 
     coordinating counter-terrorism activities with other Federal 
     agencies, State and local governments, and the private 
     sector. The Department will bring together 22 existing 
     Federal agencies or portions of agencies under a single clear 
     chain of command. Each of these agencies will continue to be 
     responsible for carrying out existing and emergent homeland 
     security functions.
       Leading the Department will be a Secretary who is appointed 
     by the President, with the advice and consent of the Senate. 
     The Department will have one Deputy Secretary and a total of 
     5 Under Secretaries who report to the Secretary for each of 
     the following functional areas: Information Analysis and 
     Infrastructure Protection; Science and Technology; Border and 
     Transportation Security; Emergency Preparedness and Response; 
     and Management. Additionally, there will also be no more than 
     12 Assistant Secretaries and a Director of the Bureau of 
     Citizenship and Immigration Services. The Commandant of the 
     Coast Guard and the Director of the United States Secret 
     Service will also report directly to the Secretary. Finally, 
     the Transportation Security Administration will be maintained 
     as a separate entity within the Department for 2 years.
       Legislative History. H.R. 5005, the Homeland Security Act 
     of 2002, was introduced by request by Mr. Armey and 113 
     original cosponsors on June 24, 2002. Pursuant to the 
     provisions of H. Res. 449, the bill was referred to the 
     Select Committee and additionally to 12 other committees of 
     jurisdiction through July 12, 2002.
       While only the Select Committee was authorized to report 
     the legislation to the House, several committees marked up 
     their recommendations to the Select Committee. The Committee 
     on Agriculture met and approved their recommended amendments 
     on July 11, 2002 by a voice vote. The Committee on Armed 
     Services met and approved their recommended amendments on 
     July 10, 2002 by a voice vote. The Committee on Energy and 
     Commerce met and approved their recommended amendments on 
     July 11, 2002 by a voice vote. The Committee on Government 
     Reform met and approved their recommended amendments on 
     July 11, 2002 by a record vote of 31 yeas and 1 nay. The 
     Committee on International Relations met and approved 
     their recommended amendments on July 10, 2002 by a voice 
     vote. The Committee on the Judiciary held a legislative 
     hearing on June 27, 2002 and met and approved their 
     recommended amendments on July 10, 2002 by a voice vote. 
     The Committee on Science held a legislative hearing on 
     June 24, 2002 and met and approved their recommended 
     amendments on July 10, 2002 by a voice vote. The Committee 
     on Transportation and Infrastructure met and approved 
     their recommended amendments on July 11, 2002 by a voice 
     vote. The Committee on Ways and Means met and approved 
     their recommended amendments on July 10, 2002 by a record 
     vote of 34 years and 3 nays. The Committees on 
     Appropriations and Financial Services, and the Select 
     Committee on Intelligence forwarded recommendations 
     without formal meetings. On July 12, 2002, all of the 
     committees of jurisdiction were discharged from the 
     further consideration of the bill.
       The Select Committee on Homeland Security held a 
     legislative hearing on July 15, 16, and 17, 2002. On July 19, 
     2002, the Select Committee met in open session and ordered 
     H.R. 5005 favorably reported to the House, with an amendment, 
     by a record vote of 5 yeas and 4 nays, a quorum being 
     present. The Select Committee reported the bill to the House 
     on July 24, 2002 (H. Rept. 107-609, Part I).
       The Committee on Rules met and reported a rule, H. Res. 
     502, providing for the consideration of H.R. 5005 (H. Rept. 
     107-615) on July 25, 2002 (the legislative day of July 24, 
     2002). The rule provided for 90 minutes of general debate, 
     followed by consideration of a set of amendments mutually 
     agreed upon by the Speaker and Minority Leader. The House 
     considered H. Res. 502 on July 25, 2002 and agreed to the 
     resolution by a voice vote.
       The House began consideration of H.R. 5005 on July 25, 
     2002. Consideration of the bill and amendments made in order 
     by the rule continued through July 26, 2002. A motion to 
     recommit with instructions offered by Ms. DeLauro, addressing 
     the ability of companies

[[Page E2146]]

     incorporated in ``tax haven'' countries to contract with the 
     Department of Homeland Security, was agreed to by a record 
     vote of 318 yeas and 110 nays. The House passed the bill by a 
     record vote of 295 yeas and 132 nays.
       H.R. 5005 was received in the Senate on July 30, 2002 and 
     placed on the Senate legislative calendar. On July 31, 2002, 
     a motion to proceed to the consideration of the bill was made 
     and a cloture motion on the motion to proceed was presented. 
     The cloture motion was withdrawn on August 1, 2002. On 
     September 3, the motion to proceed was considered by 
     unanimous consent and agreed to by a vote of 94 yeas and no 
     nays.
       The Senate considered H.R. 5005 from September 5, 2002 
     through October 1, 2002.
       On November 12, 2002, H.R. 5710, the Homeland Security Act 
     of 2002, was introduced by Mr. Armey and 9 original 
     cosponsors. The text of the measure was drafted as an effort 
     to reconcile the House-passed version of H.R. 5005, and the 
     Gramm amendment to H.R. 5005 in the Senate. The bill was 
     referred solely to the Select Committee on Homeland Security. 
     The Select Committee did not act on this bill.
       On November 13, 2002 (the legislative day of November 12, 
     2002), the Committee on Rules reported a rule providing for 
     the consideration of H.R. 5710 (H. Res. 600; H. Rept. 107-
     773). A closed rule, the resolution provided for one hour of 
     general debate, equally divided, and a motion to recommit, 
     with or without instructions. The House considered the Rule 
     on November 13, 2002, and agreed to the resolution by a vote 
     of 237 yeas and 177 nays.
       On November 13, 2002, the House proceeded to the 
     consideration of H.R. 5710. Mr. Roemer offered a motion to 
     recommit the bill with instructions to add provisions 
     creating a commission to investigate the events of September 
     11, 2001. The motion to recommit was not agreed by a vote of 
     203 yeas and 215 nays, and the bill was passed by a vote of 
     299 yeas and 121 nays. The bill was received in the Senate on 
     November 14, 2002.
       On November 13, 2002, the Senate resumed consideration of 
     H.R. 5005. The text of H.R. 5710 was offered as the Thompson 
     amendment to H.R. 5005 (S. Amdt. 4901). Cloture on the 
     amendment was invoked on November 15, 2002 by a vote of 65 
     yeas and 29 nays and the amendment was agreed to on November 
     19, 2002 by a vote of 73 yeas and 26 nays.
       Cloture on the bill was also invoked on November 19, 2002 
     by a vote of 83 yeas and 16 nays and the bill passed the 
     Senate, as amended, by a vote of 90 yeas and 9 nays.
       On November 22, 2002, the House concurred in the Senate 
     amendment to H.R. 5005 by unanimous consent, clearing the 
     bill for the President. The bill was presented to the 
     President on November 22, 2002 and was signed on November 25, 
     2002, becoming public law number 107-296.

                          Oversight Activities


 transforming the federal government to protect america from terrorism

       On July 11, 2002, the Select Committee held a hearing on 
     transforming the Federal government to protect American from 
     terrorism. The hearing focused on the changes domestically 
     and abroad which led to the homeland security situation found 
     in the wake of the events of September 11, 2001. Testifying 
     at the hearing were the Honorable Collin Powell, Secretary of 
     State, the Honorable Paul H. O'Neill, Secretary of the 
     Treasury, the Honorable Donald Rumsfeld, Secretary of 
     Defense, and the Honorable John Ashcroft, Attorney General.

                             Hearings Held

       Transforming the Federal Government to Protect America from 
     Terrorism.--Oversight hearing on transforming the Federal 
     government to protect America from terrorism. Hearing held on 
     July 11, 2002. Serial No. 107-1.
       Homeland Security Act of 2002.--Legislative hearing held on 
     H.R. 5005, the Homeland Security Act of 2002. Hearing held on 
     July 15, 16, and 17, 2002. Serial nos. 107-2 and 107-3.

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