107th Congress

U.S. DEPARTMENT OF HOMELAND SECURITY
H.R. 4660, H.R. 5005, S. 1534, S. 2452, and S. 2794

Background

In recognition of the increasing threat of terrorism of all types, the Administration and, subsequently, Congress developed proposals for a U.S. Department of Homeland Security (DHS) that would serve as the linchpin in the Nation's armamentarium against terrorism. On June 18, 2002, the President announced and sent to Congress his proposal for such a Department and draft legislation for its creation. Envisioned is a new executive branch agency that would incorporate functions related to information analysis and infrastructure protection; chemical, biological, radiological, and nuclear countermeasures; border and transportation security; and emergency preparedness and response. To date, five bills have been introduced; however, only two are moving toward final action: H.R. 5005 and S. 2452, introduced by Representative Richard K. Armey (R-TX) on behalf of the Administration, and Senator Joseph Lieberman (D-CT), respectively. Details of the research-related provisions are highlighted below.

Provisions of the Legislation/Impact on NIH

H.R. 4660—National Homeland Security and Combating Terrorism Act of 2002

H.R. 4660, introduced by Representative William M. Thornberry (R-TX), would establish a U.S. Department of National Homeland Security as an executive department, with a Secretary, an Office of Science and Technology, and a fund to accelerate homeland security research and technology development. Provisions also would establish a Steering Group and Coordinating Committee within the Office to assist the Director in establishing priorities and forwarding recommendations on homeland security technology. The Steering Group would comprise senior research and development (R&D) officials representing all appropriate Federal departments and independent agencies that conduct R&D relevant to homeland security. The Coordinating Committee 1) would be a working level group comprising representatives managing relevant agency R&D portfolios who are appointed by the head of each department or agency represented in the Steering Group; 2) would facilitate communication between Federal departments and agencies regarding homeland security R&D; and 3) would identify, by consensus annually, technology areas for which the fund would be used to transfer rapidly relevant R&D into deployed technology. The Committee may be divided into subgroups in areas that include chemical, biological, and radiological defense. H.R. 4660 does not contain provisions specific to the conduct of human health-related research.

H.R. 5005—Homeland Security Act of 2002

H.R. 5005, as introduced by Representative Armey, would establish a new executive branch U.S. Department of Homeland Security with a Cabinet-level Secretary. Research-related provisions would create the position of Under Secretary for Chemical, Biological, Radiological, and Nuclear Countermeasures. The Under Secretary would be required to conduct a national scientific R&D program, including developing national policy for and coordinating the Federal Government's civilian research activities. Although the civilian human health-related biological, biomedical, and infectious disease defense R&D would be carried out through the U.S. Department of Health and Human Services (DHHS), the Secretary of the new Department, in consultation with the Secretary of Health and Human Services (HHS), would have the authority to establish the R&D program, including the setting of priorities.

Following markup by the House Select Committee on Homeland Security, research-related provisions of H.R. 5005 were amended such that they would establish an Office of Science and Technology within the new Department. The Office would be responsible for establishing and administering primary R&D activities of the Department, and conducting basic and applied research, development, demonstration, testing, and evaluation activities, provided that these activities do not extend to human health-related R&D. The bill also would require the Secretary of HHS to set priorities, goals, objectives, and policies, and develop a coordinated strategy for civilian human-health related R&D activities related to countermeasures for chemical, biological, radiological, nuclear, and other emerging terrorist threats. This would be done in collaboration with the Secretary for Homeland Security to ensure consistency with the DHS's national policy and strategic plan.

S. 1534—Department of National Homeland Security Act of 2001

S. 1534, introduced by Senator Lieberman, would establish a new executive branch U.S. Department of Homeland Security with a Cabinet-level Secretary. Like H.R. 4660, S. 1534 also would establish an Office of Science and Technology and a fund to accelerate homeland security research and technology development. The measure, however, does not contain similar provisions related to the establishment of a steering committee or a coordinating committee, nor does it address human health-related R&D.

S. 2452—National Homeland Security and Combating Terrorism Act of 2002

S. 2452, as introduced by Senator Lieberman, would establish a U.S. Department of National Homeland Security as an executive department, with a Secretary, an Office of Science and Technology, and a fund to accelerate homeland security research and technology development. Provisions also would establish a Steering Group and Coordinating Committee within the Office to assist the Director in establishing priorities and forwarding recommendations on homeland security technology. The Steering Group would comprise senior R&D officials representing all appropriate Federal departments and independent agencies that conduct R&D relevant to homeland security. The Coordinating Committee 1) would be a working level group comprising representatives who manage relevant agency R&D portfolios and are appointed by the head of each department or agency represented in the Steering Group; 2) would facilitate communication between Federal departments and agencies regarding homeland security R&D; and 3) would identify, by consensus annually, technology areas for which the fund would be used to transfer rapidly relevant R&D into deployed technology. The Committee may be divided into subgroups in areas that include chemical, biological, and radiological defense. H.R. 4660 does not contain provisions specific to the conduct of human health-related research.

Following a rewrite of the bill and a second markup by the Senate Committee on Governmental Relations, research-related provisions would authorize the Secretary of Homeland Security to carry out human health-related biological, biomedical, and infectious disease R&D in collaboration with the Secretary of HHS. Research supported by funding appropriated to the National Institutes of Health (NIH) would be required to be conducted through NIH under a joint strategic research plan and prioritization agreement between the two Secretaries.

S. 2794—Homeland Security Act of 2002

S. 2794, introduced by Senator Phil Gramm (R-TX) on behalf of the Administration, is the President's proposal for a U.S. Department of Homeland Security. Like H.R. 5005 above, the bill as introduced would establish a new executive branch U.S. Department of Homeland Security with a Cabinet-level Secretary. Research-related provisions would create the position of Under Secretary for Chemical, Biological, Radiological, and Nuclear Countermeasures. The Under Secretary would be required to conduct a national scientific R&D program, including developing national policy for and coordinating the Federal Government's civilian research activities. Although the civilian human health-related biological, biomedical, and infectious disease defense R&D would be carried out through DHHS, the Secretary of the new Department, in consultation with the Secretary of HHS, would have the authority to establish the R&D program, including the setting of priorities.

Status and Outlook

H.R. 4660 was introduced on May 2, 2002, and referred to the House Committee on Government Reform. There has been no action on H.R. 4660 since its introduction.

H.R. 5005 was introduced on June 24, 2002, and referred to the House Committees on Homeland Security (Select), on Agriculture, on Appropriations, on Armed Services, on Energy and Commerce, on Financial Services, on Government Reform, on Intelligence (Permanent Select), on International Relations, on the Judiciary, on Science, on Transportation and Infrastructure, and on Ways and Means. Markups have been completed by all Committees of Referral. On July 26, the House passed H.R. 5005 with amendments. The bill was considered in the Senate on July 31, where a cloture motion was offered to limit further consideration of the measure to 30 hours of debate. On August 1, the Senate voted on the motion and delayed further consideration of the measure until September 3.

S. 1534 was introduced on October 21, 2001, and referred to the Senate Committee on Governmental Affairs. There has been no further action on the measure.

S. 2452 was introduced on May 2, 2002, and referred to the Senate Committee on Governmental Affairs. The bill was marked up by the Committee on May 22 and ordered to be reported with amendments. A Committee report was filed on June 24. On July 23, the Committee marked up a manager's amendment to S. 2452 containing significant additional provisions. On July 25, the Committee completed its action and ordered the measure to be reported. Floor action on the measure is not anticipated until after the Senate returns in September.

S. 2794 was introduced on July 25, 2002, and referred to the Senate Committee on Governmental Affairs.