text: 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.
                      (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.
target: Department of National Homeland Security Act of 2001 - Establishes the Department of National Homeland Security. Includes the Secretary of National Homeland Security as a cabinet level position with membership on the National Security Council.Requires the Secretary to: (1) plan, coordinate, and integrate Government activities relating to homeland security, including border security and emergency preparedness, and act as a focal point regarding natural and manmade crises and emergency planning; (2) work with State and local governments and executive agencies in protecting U.S. homeland security and support State officials through the use of regional offices; (3) provide overall planning guidance to such agencies regarding homeland security; (4) conduct exercise and training programs for department employees and establish command and control procedures for security contingencies, including those that require the substantial military support; and (5) annually develop a Federal response plan for homeland security and emergency preparedness.Transfers to the Agency the authorities, functions, personnel, and assets of the Federal Emergency Management Agency, the U.S. Customs Service, the Border Patrol of the Immigration and Naturalization Service, the U.S. Coast Guard, the Critical Infrastructure Assurance Office and the Institute of Information Infrastructure Protection of the Department of Commerce, and the National Infrastructure Protection Center and the National Domestic Preparedness Office of the Federal Bureau of Investigation.Establishes within the Department: (1) separate Directorates of Prevention, Critical Infrastructure Protection, and Emergency Preparedness and Response; and (2) an Office of Science and Technology to advise the Secretary with regard to research and development efforts and priorities for such directorates.Requires the Secretary to establish mechanisms for the sharing of information and intelligence with U.S. and international intelligence entities.
feat_title: A bill to establish the Department of National Homeland Security.