H.R. 5005

               January 23, 2003
An Act 

To establish the 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,

SECTION 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:
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Subtitle A--Directorate for Information Analysis and Infrastructure Protection; Access to Information

          Sec. 201. Directorate for Information Analysis and Infrastructure Protection.

          Sec. 202. Access to information.

Subtitle B--Critical Infrastructure Information

          Sec. 211. Short title.

          Sec. 212. Definitions.

          Sec. 213. Designation of critical infrastructure protection program.

          Sec. 214. Protection of voluntarily shared critical infrastructure information.

          Sec. 215. No private right of action.

Subtitle C--Information Security

                 Sec. 233. Definition of law enforcement technology.

          Sec. 234. Abolishment of Office of Science and Technology of National Institute of Justice; transfer of functions.
       
          Sec. 236. Coordination with other entities within Department of Justice.

         
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

Subtitle B--United States Customs Service

          Sec. 411. Establishment; Commissioner of Customs.

          Sec. 412. Retention of customs revenue functions by Secretary of the Treasury.

        Subtitle C--Miscellaneous Provisions

          Sec. 421. Transfer of certain agricultural inspection functions of the Department of Agriculture.

          Sec. 422. Functions of Administrator of General Services.

          Sec. 423. Functions of Transportation Security Administration.

                 Sec. 430. Office for Domestic Preparedness.

Subtitle D--Immigration Enforcement Functions

          Sec. 441. Transfer of functions to Under Secretary for Border and Transportation Security.

          Sec. 442. Establishment of Bureau of Border Security.

      
Subtitle E--Citizenship and Immigration Services

          Sec. 451. Establishment of Bureau of Citizenship and Immigration Services.

               Sec. 462. Children's affairs.

Subtitle F--General Immigration Provisions

          Sec. 471. Abolishment of INS.

        TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE

          Sec. 501. Under Secretary for Emergency Preparedness and Response.
      
          Sec. 507. Role of Federal Emergency Management Agency.

TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES OF
THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS

     
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

          Sec. 865. Definitions.

          Sec. 876. Military activities.

          Sec. 877. Regulatory authority and preemption.

                 Sec. 879. Office of International Affairs.

          Sec. 880. Prohibition of the Terrorism Information and Prevention System.

          Sec. 881. Review of pay and benefit plans.

          Sec. 885. Joint Interagency Task Force.

          Sec. 886. Sense of Congress reaffirming the continued importance
          and applicability of the Posse Comitatus Act.

          Sec. 887. Coordination with the Department of Health and Human
          Services under the Public Health Service Act.

                Sec. 890. Air Transportation Safety and System Stabilization Act.

Subtitle I--Information Sharing

                    Sec. 895. Authority to share grand jury information.

          Sec. 896. Authority to share electronic, wire, and oral
          interception information.

          Sec. 897. Foreign intelligence information.

          Sec. 898. Information acquired from an electronic surveillance.

          Sec. 899. Information acquired from a physical search.

TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL

          Sec. 901. National Homeland Security Council.

          Sec. 902. Function.

          Sec. 903. Membership.

          Sec. 904. Other functions and activities.

               Sec. 906. Relation to the National Security Council.

TITLE X--INFORMATION SECURITY

         TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS


Subtitle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to the Department of Justice

   
TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT

. 1304. Strategic human capital management.

          
Subtitle B--Reforms Relating to Federal Human Capital Management

Subtitle C--Reforms Relating to the Senior Executive Service

        
TITLE XV--TRANSITION

Subtitle A--Reorganization Plan

          Sec. 1501. Definitions.

          Sec. 1502. Reorganization plan.

          Sec. 1503. Review of congressional committee structures.

SEC. 2. DEFINITIONS.

     In this Act, the following definitions apply:

          (1) Each of the terms `American homeland' and `homeland' means  the United States.
     
          (6) The term `emergency response providers' includes Federal,
          State, and local emergency public safety, law enforcement,
          emergency response, emergency medical (including hospital
          emergency facilities), and related personnel, agencies, and authorities.

        (8) The term `functions' includes authorities, powers, rights,
          privileges, immunities, programs, projects, activities, duties,
          and responsibilities.

          (9) The term `key resources' means publicly or privately controlled resources essential to the minimal operations of the
          economy and government.

       (15) The term `terrorism' means any activity that--

               (A) involves an act that--

                    (i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and

                    (ii) is a violation of the criminal laws of the United States...and

               (B) appears to be intended--

                    (i) to intimidate or coerce a civilian population;

                    (ii) to influence the policy of a government by intimidation or coercion; or

                    (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.

          (16)(A) The term `United States', when used in a geographic

SEC. 507. ROLE OF FEDERAL EMERGENCY MANAGEMENT AGENCY.

     (a) IN GENERAL- The functions of the Federal Emergency Management Agency include the following:

          (1) All functions and authorities prescribed by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
          5121 et seq.).

          (2) Carrying out its mission to reduce the loss of life and property and protect the Nation from all hazards by leading and
          supporting the Nation in a comprehensive, risk-based emergency management program--

               (A) of mitigation, by taking sustained actions to reduce or
               eliminate long-term risk to people and property from hazards
               and their effects;

               (B) of planning for building the emergency management
               profession to prepare effectively for, mitigate against,
               respond to, and recover from any hazard;

               (C) of response, by conducting emergency operations to save
               lives and property through positioning emergency equipment
               and supplies, through evacuating potential victims, through
               providing food, water, shelter, and medical care to those in
               need, and through restoring critical public services;

               (D) of recovery, by rebuilding communities so individuals,
               businesses, and governments can function on their own,
               return to normal life, and protect against future hazards; and

               (E) of increased efficiencies, by coordinating efforts
               relating to mitigation, planning, response, and recovery.

     (b) FEDERAL RESPONSE PLAN-

          (1) ROLE OF FEMA- Notwithstanding any other provision of this
          Act, the Federal Emergency Management Agency shall remain the
          lead agency for the Federal Response Plan established under
          Executive Order No. 12148 (44 Fed. Reg. 43239) and Executive
          Order No. 12656 (53 Fed. Reg. 47491).

          (2) REVISION OF RESPONSE PLAN- Not later than 60 days after the
          date of enactment of this Act, the Director of the Federal
          Emergency Management Agency shall revise the Federal Response
          Plan to reflect the establishment of and incorporate the
          Department.

SEC. 508. USE OF NATIONAL PRIVATE SECTOR NETWORKS IN EMERGENCY RESPONSE.

     To the maximum extent practicable, the Secretary shall use national
     private sector networks and infrastructure for emergency response to
     chemical, biological, radiological, nuclear, or explosive disasters,
     and other major disasters.

 

TITLE IX--NATIONAL HOMELAND SECURITY COUNCIL

SEC. 901. NATIONAL HOMELAND SECURITY COUNCIL.

     There is established within the Executive Office of the President a council to be known as the `Homeland Security Council' (in this title
     referred to as the `Council').

SEC. 902. FUNCTION.

     The function of the Council shall be to advise the President on homeland security matters.

SEC. 903. MEMBERSHIP.

     The members of the Council shall be the following:

          (1) The President.

          (2) The Vice President.

          (3) The Secretary of Homeland Security.

          (4) The Attorney General.

          (5) The Secretary of Defense.

          (6) Such other individuals as may be designated by the President.

SEC. 904. OTHER FUNCTIONS AND ACTIVITIES.

     For the purpose of more effectively coordinating the policies and
     functions of the United States Government relating to homeland
     security, the Council shall--

          (1) assess the objectives, commitments, and risks of the United
          States in the interest of homeland security and to make resulting
          recommendations to the President;

          (2) oversee and review homeland security policies of the Federal
          Government and to make resulting recommendations to the President; and

          (3) perform such other functions as the President may direct.

SEC. 905. STAFF COMPOSITION.

     The Council shall have a staff, the head of which shall be a civilian
     Executive Secretary, who shall be appointed by the President. The
     President is authorized to fix the pay of the Executive Secretary at a
     rate not to exceed the rate of pay payable to the Executive Secretary
     of the National Security Council.

SEC. 906. RELATION TO THE NATIONAL SECURITY COUNCIL.

     The President may convene joint meetings of the Homeland Security
     Council and the National Security Council with participation by
     members of either Council or as the President may otherwise direct.