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Date: Wed, 10 Oct 2001 09:00:32 -0700 (PDT)
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Subject: [iwar] [fc:H..R..3026.(Homeland.Security.Bill.Text)]
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10 October 2001
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html
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[DOCID: f:h3026ih.txt]
107th CONGRESS
1st Session
H. R. 3026
To establish an Office of Homeland Security within the Executive Office
of the President to lead, oversee, and coordinate a comprehensive
national homeland security strategy to safeguard the Nation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 4, 2001
Mr. Gibbons (for himself, Ms. Harman, Mr. LaHood, Mr. Roemer, and Mr.
Castle) introduced the following bill; which was referred to the
Committee on Government Reform, and in addition to the Committees on
Armed Services, the Judiciary, Transportation and Infrastructure,
Intelligence (Permanent Select), and Energy and Commerce, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To establish an Office of Homeland Security within the Executive Office
of the President to lead, oversee, and coordinate a comprehensive
national homeland security strategy to safeguard the Nation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Homeland Security Act of
2001''.
SEC. 2. OFFICE OF HOMELAND SECURITY.
There is established within the Executive Office of the President
an office to be known as the ``Office of Homeland Security'' (in this
Act referred to as the ``Office'').
SEC. 3. DIRECTOR OF HOMELAND SECURITY.
(a) Director.--The head of the Office shall be the Director of the
Office of Homeland Security, who shall be appointed by the President,
by and with the advice and consent of the Senate. The President shall
ensure that the Director functions as a cabinet-level official.
(b) Executive Schedule I Pay Rate for Director.--Section 5312 of
title 5, United States Code, is amended by inserting after the item
relating to the Director of National Drug Control Policy the following
new item:
``Director of the Office of Homeland Security.''.
SEC. 4. RESPONSIBILITIES.
Subject to the direction and control of the President, the
responsibilities of the Director shall include the following:
(1) Directing, in consultation with appropriate Federal and
State agencies and Congress, the creation of a national
strategy for homeland security, as provided in section 5, to
include all aspects of prevention and response to terrorist
activities.
(2) Developing, reviewing, and approving, in collaboration
with the Director of the Office of Management and Budget, a
national budget for homeland security.
(3) Reviewing programs, plans and activities of the
relevant Federal agencies to insure effective implementation of
the national homeland security strategy.
(4) Coordinating the planning and implementation of all
Federal homeland security activities with relevant Federal
agencies for the purposes of removing unnecessary duplication
and gaps in counterterrorism activities.
(5) Certifying as part of the budget submission of the
President to Congress the relevance and accuracy of
counterterrorism budgets from Federal agencies and rejecting
budget requests not consistent with the national homeland
security strategy.
(6) Directing and reviewing the development of a
comprehensive national assessment on the threat to homeland
security, which shall be conducted by the heads of relevant
Federal agencies.
(7) Overseeing the appropriate sharing of information among
Federal, State, and local agencies involved in intelligence
collection and law enforcement for the purpose of protecting
homeland security.
(9) Establishing a center within the Office to analyze and
publicize as appropriate lessons learned from homeland security
exercises conducted by Federal, State, and local government
agencies and other organizations involved in terrorism
response.
(10) Consulting regularly with Congress on all issues
relating to homeland security.
(11) Attending meetings of the President's cabinet and the
National Security Council relating to counterterrorism and
homeland security.
(12) Serving as the President's principal spokesperson on
issues relevant to homeland security.
SEC. 5. NATIONAL HOMELAND SECURITY STRATEGY.
The national homeland security strategy created under section 4
shall include the following:
(1) A comprehensive research, development, and procurement
plan for supporting homeland security.
(2) Mechanisms to insure the flexibility and mobility in
Federal personnel policies and practices to achieve maximum
effective use of personnel among all concerned agencies.
(3) Policies and procedures to maximize the collection,
analysis, translation, exploitation, and dissemination of,
throughout the Federal Government and with State and local
authorities, information relevant to homeland security concerns.
(4) Plans for improving the resources of, coordination
among, and effectiveness of health and medical sectors for
detecting and responding to terrorist attacks on the homeland.
(5) Specific measures to enhance cooperative efforts
between the public and private sectors in protecting homeland
security.
SEC. 6. OFFICERS AND STAFF OF OFFICE.
(a) Officers.--The President shall assign to the Office such
officers in addition to the Director, if any, as the President, in
consultation with the Director, considers appropriate to discharge the
responsibilities of the Office.
(b) Staff.--The Director may appoint such employees, and may detail
employees from other agencies, as necessary to carry out the functions
of the Office. Such employees shall include individuals with relevant
State and local expertise.
SEC. 7. HOMELAND SECURITY ADVISORY COUNCIL.
(a) Establishment.--There is established a Homeland Security
Advisory Council. The Council shall--
(1) advise the President and the Director of the Office of
Homeland Security on the creation and implementation of the
national strategy for homeland security; and
(2) advise the Director on the operation of the Office of
Homeland Security.
(b) Chair.--The Director of the Office of Homeland Security shall
be the Chair of the Council.
(c) Members.--The members of the Council shall be the following:
(1) The Secretary of State.
(2) The Secretary of the Treasury.
(3) The Secretary of Defense.
(4) The Attorney General.
(5) The Secretary of Agriculture.
(6) The Secretary of Health and Human Services.
(7) The Secretary of Transportation.
(8) The Secretary of Veterans Affairs.
(9) The Director of the Office of Management and Budget.
(10) The Director of the Central Intelligence Agency.
(11) The Director of the Federal Bureau of Investigation.
(12) The Director of the Federal Emergency Management
Agency.
(13) The Director of the Centers for Disease Control and
Prevention.
(14) The Assistant to the President for National Security
Affairs.
(15) Such other Federal and other officials as may be
designated by the President or the Director of the Office.
SEC. 8. REVIEW OF LEGAL AUTHORITIES.
(a) Review.--The Director of the Office of Homeland Security
shall conduct a review of the legal authorities needed but not
currently provided to prevent and respond effectively to terrorist
threats, including legal authorities regarding the role of the
Department of Defense in homeland security and the imposition of
regulations on civilian populations and private entities during a state
of emergency.
(b) Report to Congress.--The Director shall submit to Congress a
report of the results of the review under subsection (a). The report
shall be submitted not later than 90 days after the date of the
enactment of this Act and shall include recommendations for addressing
shortcomings in current legal authority.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such amounts as are
necessary to carry out this Act.
<all
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