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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

The White House, President George W. Bush

For Immediate Release
Office of the Press Secretary
June 18, 2002

Text of a Bill to Establish A Department of Homeland Security, and For Other Purposes



                                   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,

SEC. 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.-The table of contents for this Act is as
follows:


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) 'American homeland' or 'homeland' means the United States,
      in a geographic sense;

            (2) 'Assets' includes contracts, facilities, property, records,
      unobligated or unexpended balances of appropriations, and other funds
      or resources (other than personnel);

            (3) 'Department' means the Department of Homeland Security;

            (4) '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) '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) 'Functions' includes authorities, powers, rights,
      privileges, immunities, programs, projects, activities, duties,
      responsibilities, and obligations;

            (7) 'Local government' has the meaning given in section 102(6)
      of the Robert T. Stafford Disaster Relief and Emergency Assistance
      Act, Pub. L. No. 93-288;

            (8) 'Major disaster' has the meaning given in section 102(2) of
      the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
      Pub. L. No. 93-288;

            (9) 'Personnel' means officers and employees;

            (10) 'Secretary' means the Secretary of Homeland Security; and

            (11) '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, Pub. L. No. 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; and

            (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; and

            (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.


"§ 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

"Chapter
                                                        Section"

"   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 Pub. L. No. 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
      (Pub. L. No. 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) 'Agency' includes any entity, organizational unit, or
      function; and

            (2) 'Transition period' means the twelve-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
fifteen 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 (Pub. L. No. 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 Pub. L. No. 104-201), 673 (as added by Pub. L. No. 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 Pub. L. No. 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)-

                       (i) by striking "(1)" the first place it appears; and

                       (ii) 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.


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