was competition. One of the reasons for the Manhattan Project's success that Oppenheimer staunchly opposed the compartmentalization that General Groves insisted upon. Care must also be taken to ensure that DOE and NNSA personnel at this "center of excellence" working on other critical national security missions-particularly stockpile stewardship and non-proliferation are not absorbed with homeland security assignments to the detriment of other missions. I understand that the committee is continuing to consider this issue, and commend it for doing so. Finally, I would sound a cautionary note on cost. It is difficult to believe the Bush Administration's assertions that DHS will be budget-neutral. The Congressional Budget Office estimates that H.R. 5005 as introduced will cost $3 billion more over 2003-2007 than we are currently spending. The CBO estimate assumes extremely limited transition costs, does not assume that the majority of this agency will at some point have a central headquarters or use a consistent information technology system, and it assumes that the DHS will not require increases above 2002 levels of spending to enhance homeland security. Given the large, sustained budget deficits that are forecast, the unacknowledged costs of homeland security, the ambitious ramp-up in defense spending, and the advent of the Baby Boom retirement era, Congress and the Administration must become much more candid in considering budgetary trade-offs. As meritorious as homeland security may be, this bill is indicative of a recent and disturbing trend toward committing the government to an undertaking without frankly considering how we will pay for it. This is not a perfect bill, but the committee has made a goodfaith effort in a short period of time to improve the Administration's proposal, and despite my concerns, I support it, though I do believe that the work of the committee in this area is not ending, but just beginning. JOHN SPRATT DISSENTING VIEWS OF CONGRESSWOMAN HEATHER WILSON The Committee added to this bill Section 305, Administration of Programs and Activities Transferred From the Department of Energy. This section directs the Secretary of Homeland Security to establish at a national security laboratory of the National Nuclear Security Administration a center to serve as the primary location for carrying out research, development, test, and evaluation activities for the Department. I offered an amendment, which in part would have removed this section. I withdrew the amendment with the consensus of the Committee to further develop and submit my concepts relating to strengthening the role and ability of the Department to conduct and deploy research and technology that will be a critical strategic element for securing our homeland. Those provisions have been incorporated into the bill reported by the Energy and Commerce Committee. The Committee discussed whether any laboratory should be designated. We did not discuss which laboratory should be designated, and intentionally left that undecided. The committee made no rec ommendation at all in that regard nor would I have consented to such an approach. I believe that creating a Center for Homeland Security at one of our national laboratories without giving the Department a stronger overall mission in the R&D area could undermine the ability of the Department to acquire the best available research and technology from wherever it may be available. The Department should develop its research and technology priorities and employ the capabilities throughout the country whether at universities, in industry, at national laboratories, or in other federal agencies to best meet its objectives based on considerations of technical merit and demonstrated performance. I want to be clear that I strongly support the use of the national laboratories, which have made and will continue making vital contributions to homeland security. HEATHER WILSON COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES, COMMITTEE ON ENERGY AND COMMERCE, Washington, DC, July 12, 2002. Hon. RICHARD K. ARMEY Chairman, House Select Committee on Homeland Security, The Capitol, Washington, D.C. DEAR MAJORITY LEADER ARMEY: We take pride in transmitting to you herewith the recommendations of the Committee on Energy and Commerce with respect to H.R. 5005, the Homeland Security Act of 2002. Please find enclosed (1) a Committee Print of the Committee's specific legislative recommendations, and (2) a Report on those recommendations. The Committee on Energy and Commerce looks forward to working closely with the Select Committee on H.R. 5005. Please do not hesitate to contact us or have your staff contact Mr. David V. Marventano, the Staff Director, or Mr. Reid Stuntz, the Minority Staff Director, if we can be of assistance. Sincerely, W.J. "BILLY" TAUZIN, Chairman, JOHN D. DINGELL, COMMITTEE PRINT 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: 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-CYBERSECURITY, INFORMATION ANALYSIS, AND INFRASTRUCTURE PROTECTION Sec. 201. Under Secretary for Cybersecurity, Information Analysis, and Infrastructure Protection. Sec. 202. Functions transferred. Sec. 203. Access to information. Sec. 204. Information voluntarily provided. Sec. 205. Federal cybersecurity program. TITLE III-RESEARCH, DEVELOPMENT AND TECHNOLOGY SYSTEMS Sec. 301. Under Secretary for Research, Development, and Technology Systems. Sec. 303. Conduct of certain public health-related activities. Sec. 304. Security at Federal research laboratories. TITLE IV-BORDER AND TRANSPORTATION SECURITY Sec. 401. Under Secretary for Border and Transportation Security. Sec. 403. Visa issuance. TITLE V-EMERGENCY PREPAREDNESS AND RESPONSE Sec. 501. Under Secretary for Emergency Preparedness and Response. Sec. 503. Nuclear incident response. Sec. 504. Definition. 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 The following shall apply for purposes of this Act: (1) The term "American homeland" or "homeland" means the United States, in a geographic sense. (2) The term "assets" includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel). (3) The term "Department" means the Department of Homeland Security. (4) The term “emergency response providers" includes Federal, State, and local emergency public safety, law enforcement, emergency response, emergency medical, and related personnel, agencies, and authorities. (5) The term "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) The term "functions" includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, responsibilities, and obligations. (7) The term "local government" has the meaning given in section 102(6) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288). (8) The term "major disaster" has the meaning given in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288). (9) The term "personnel" means officers and employees. (10) The term "Secretary" means the Secretary of Homeland Security. (11) The term "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 (Public Law 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) ESTABLISHMENT.-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) MISSION. (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 occur within the United States. (2) The Secretary shall also be responsible for carrying out the functions of entities transferred to the Department as provided by law. SEC. 102. SECRETARY; FUNCTIONS. (a) SECRETARY. (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) FUNCTIONS.-The Secretary (1) may delegate any of his functions to any officer, employee, or organizational unit of the Department; (2) may promulgate regulations as provided in section 301 of title 5, United States Code; and (3) shall have 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) DEPUTY SECRETARY; UNDER SECRETARIES.-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 Cybersecurity, Information Analysis, and Infrastructure Protection. (3) An Under Secretary for Research, Development, and Technology Systems. (4) An Under Secretary for Border and Transportation Security. (5) An Under Secretary for Emergency Preparedness and Response. (6) An Under Secretary for Management. (7) Not more than six Assistant Secretaries. |