Summary of
Legislation to Establish a Department of
Homeland Security and the National Office for Combating
Terrorism
S. 2452
The proposed legislation calls for formation of a
Department of Homeland Security, at cabinet level, to plan,
coordinate, and integrate U.S. government activities relating
to homeland security, including border security, critical
infrastructure protection, emergency preparedness and
response, intelligence, and science and technology. The
legislation also creates a White House Office for Combating
Terrorism to craft and oversee a National Strategy to Combat
Terrorism and exercise budget certification authority over
spending to combat terrorism. The
act shall take effect 30 days after the date of enactment, or
January 1, 2003, whichever comes first.
Department of Homeland Security
Secretary of Homeland Security
shall be
appointed by the President and confirmed by the Senate and
shall be a member of the National Security Council. The
Secretary is responsible for developing policies, priorities
and plans for homeland security, including the development of
a national strategy with the Director of the National Office
for Combating Terrorism, and advising the Director on the
development of a comprehensive budget for programs under the
strategy. The Secretary is also responsible for including, as
appropriate, State and local governments and other entities
into the full range of homeland security activities; and
consulting with the Secretary of Defense and State governors
to integrate the United States military, including the
National Guard, into all aspects of the strategy.
Directorate of Border and Transportation Protection
shall be headed by an Under Secretary appointed by the
President and confirmed by the Senate. The Directorate shall
be responsible for securing borders, territorial waters,
ports, waterways, air, land, and sea transportation systems,
including coordinating governmental activities at ports of
entry; and administering the duties of the entities
transferred to the Directorate. Those entities are the
Customs Service and the Coast Guard, both of which
shall be maintained as distinct entities; that portion of the Animal
Plant and Health Inspection Service that governs
agricultural quarantine inspections at points of entry; and
the Transportation Security Administration.
Directorate of Intelligence
shall be headed
by an Under Secretary appointed by the President and confirmed
by the Senate. The Directorate shall serve as a national-level
focal point for the analysis of all information available to
the United States Government for the purpose of preventing,
protecting against, preparing for, and responding to threats
of terrorism and other threats to homeland security. The
Directorate shall be responsible for receiving and analyzing
law enforcement, intelligence and other information to detect
and identify specific threats of terrorism; working with the
Director of Central Intelligence and the intelligence
community to establish overall intelligence priorities; and
directing agencies, on behalf of the Secretary and subject to
disapproval by the President, to provide additional
information. The Directorate shall be staffed in part by
analysts via reimbursable detail from agencies of the
intelligence community.
Directorate of Critical Infrastructure Protection
shall be headed by an Under Secretary appointed by the
President and confirmed by the Senate. The Directorate shall
be responsible for receiving information from the Directorate
of Intelligence, law enforcement and other information to
assess the vulnerabilities of key resources and critical
infrastructures; developing a comprehensive national plan for
securing key resources and critical infrastructure; enhancing
and sharing information regarding cyber-security and physical
security, tracking vulnerabilities, and delineating the roles
of various governmental agencies in preventing, defending, and
recovering from attacks.
The following offices are transferred to the Department:
the Critical Infrastructure Assurance Office of the
Department of Commerce, the National Infrastructure
Protection Center of the Federal Bureau of Investigation
(other than the Computer Investigations and Operations
Section), the National Communications System of the
Department of Defense, the Computer Security Division
of the National Institute of Standards and Technology of the
Department of Commerce, the National Infrastructure
Simulation and Analysis Center of the Department of
Energy, The Federal Computer Incident Response Center
of the General Service Administration, The Energy Security
and Assurance Program of the Department of Energy, and the
Federal Protective Service of the General Services
Administration.
Directorate of Emergency Preparedness and Response
shall be headed by an Under Secretary appointed by the
President and confirmed by the Senate. The Directorate shall
be responsible for carrying out federal emergency preparedness
and response activities, providing state and local authorities
with equipment for detection, protection, and decontamination
in an emergency involving weapons of mass destruction;
overseeing federal, state and local emergency preparedness
training and exercise programs; and providing assistance for
any emergency, including natural disasters or disease.
The following offices are transferred to the Department:
The Federal Emergency Management Agency; the National
Office of Domestic Preparedness of the FBI of the
Department of Justice; the Office of Domestic Preparedness of
the Department of Justice; the Office of Emergency
Preparedness within the Office of the Assistant Secretary
for Public Health Emergency Preparedness of the Department of
Health and Human Services; the Strategic National Stockpile
of the Department of Health and Human Services; the functions
of the Select Agent Registration Program (HHS) and the
USDA, and the Federal Law Enforcement Training Center of
the Department of the Treasury.
Directorate of Immigration Affairs shall be
headed by a Under Secretary who will be appointed by the
President and confirmed by the Senate, and who would serve as
principal advisor to the Secretary in developing and
implementing U.S. immigration policy. The Immigration and
Naturalization Service would be terminated, and two divisions
would be created in its place: A Bureau of Enforcement and
Border Affairs with responsibility for visa petitions,
applications for adjustment of status and change of status,
naturalization applications, asylum and refugee applications,
and determinations regarding the custody and parole of asylum
seekers; and a Bureau of Enforcement and Border Affairs with
responsibility for border patrol, detention, removal,
intelligence, and investigations.
An Office of Children’s Services would be created to
recognize the special needs and circumstances of unaccompanied
alien children. An Agency for Immigration Hearings and Appeals
is created within the Department of Justice, headed by a
Director appointed by the Senate and confirmed by the Senate.
This agency - consisting of the immigration courts and the
board of appeals - replaces the Executive Office of
Immigration Review.
Directorate of Science and Technology shall be headed by an Under Secretary
appointed by the President and confirmed by the Senate, and shall be responsible
for managing and supporting research and development to meet national homeland
security needs; articulating national research and development goals,
priorities, and strategies; coordinating with entities within and outside the
government to advance the research and development agenda of the Department;
advising the Secretary on all scientific and technical matters; and facilitating
the transfer and deployment of technologies crucial to homeland security needs.
The internal R&D functions of the Directorate shall be managed by an Office of
Laboratory Research. Since the bulk of homeland security R&D will continue to
occur outside the Department, the Secretary shall be able to tap into the
expertise in any of the Department of Energy National Laboratories. Security
Advanced Research Projects Agency (SARPA) funded at $200 million will be able to
initiate and support innovative research relevant to homeland security anywhere
in the nation.
An interagency Science and Technology Council made up of senior R&D officials
shall advise the Under Secretary. A Center for Technology Evaluation and
Transition will serve as a clearinghouse and national point-of-contact for
companies or other entities that already possess technologies to promote
homeland security. To ensure that the Directorate has access to important
sources of talent or technical advice, the Secretary shall be provided with
flexible authorities to hire top flight scientists, enter into important
research contracts or projects, and work with or establish federally funded
research and development centers.
Office for State and Local Government Coordination:
Establishes within the Office of the Secretary an office to
oversee and coordinate developmental programs for and
relationships with State and local governments.
United States Secret Service: Transfers the
authorities, functions, personnel and assets of the United
States Secret Service, which shall be maintained as a distinct
entity.
Civil Service Protections: The administration is
not given the authority to waive civil service protections.
National Office for Combating Terrorism.
Director of National Office for Combating Terrorism
will be appointed by the President and confirmed by the
Senate. Responsibilities include developing national
objectives and policies for combating terrorism; directing the
development of a national assessment of terrorist threats and
vulnerabilities, developing, with the Secretary of Homeland
Security, a national strategy for combating terrorism;
coordinating, overseeing, and evaluating the strategy;
coordinating an annual budget for programs and activities
under the strategy, including the budgets of the military
departments and agencies with the National Foreign
Intelligence Program relating to international terrorism, but
excluding military programs, projects, or activities relating
to force protection; serving as an adviser to the National
Security Council; working with the FBI Director to get
relevant information related to terrorism from the FBI.
National Strategy for Combating Terrorism
and the Homeland Security Response
The Secretary and Director shall develop the national
strategy for combating terrorism and homeland security
response for the detection, prevention, protection, response
and recovery necessary to counter terrorist threats. The
Secretary has responsibility for portions of the strategy
addressing border security, critical infrastructure
protection, emergency preparation and response, and
integrating state and local efforts with activities of the
federal government. The Director has overall responsibility
for the development of the strategy, and particularly for
those portions addressing intelligence, military assets, law
enforcement and diplomacy. The strategy will include: policies
to maximize the collection, translation, analysis,
exploitation and dissemination of information related to
combating terrorism throughout the federal government and with
state and local authorities; plans for countering chemical,
biological, radiological, nuclear and explosives, and cyber
threats; plans for improving the resources of, coordination
among, and effectiveness of health and medical sectors for
detecting and responding to terrorist attacks on homeland;
specific measures to enhance cooperative efforts between the
public and private sectors in protecting against terrorist
attacks; a review of measures needed to enhance transportation
security with respect potential terrorist attacks.
The National Combating Terrorism and Homeland Security
Response Council will assist with preparation and
implementation of the strategy. Members of the Council will be
the heads of federal terrorism prevention and response
agencies or their designees. The Secretary and Director will
co-chair the Council.
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