INTERNATIONAL UPDATE Date: 28 November 2002 http://www.ocipep.gc.ca/opsprods/other/IU02-001_e.asp United States
Update: Department of Homeland Security 1.0 President Bush signed the Homeland Security Act of 2002 on 25 November, 2002, thus enacting legislation creating the Department of Homeland Security (DHS). The DHS will amalgamate approximately 22 government agencies representing some 170,000 personnel. The new Department will be made up of four Directorates: Border and Transportation Security Science and Technology Emergency Preparedness and Response Information Analysis and Infrastructure Protection A useful organizational chart of the new Department of Homeland Security can be found at: http://www.govexec.com/homeland/HSchart.htm 1.1 At the time of signing, President Bush nominated former Pennsylvania governor, Tom Ridge as Secretary of the Department of Homeland Security. Gordon England was nominated to the position of Deputy Secretary. Under Secretaries will be appointed for each of the four directorates. At this time, the only Under-Secretary named is Asa Hutchinson for Border and Transportation Security. All Under Secretary appointments are subject to confirmation by the Senate, which will meet again in January 2003. For biographical information on the nominees, see: http://www.whitehouse.gov/news/releases/2002/11/20021126-10.html 1.2 From the enactment of the legislation, the president has 60 days to submit a plan for the reorganization of affected agencies to Congress. That plan was submitted shortly after the signing of the Act on 25 November. The plan outlines the timeline for the departmental reorganization: By 24 January, 2003 the Secretary of the DHS is required to: Establish of the Office of the Secretary Appoint and confirm by the Senate, or transfer personnel to fill key positions and establish Offices, Agencies, Bureaus, and Boards. For a list of the positions to filled and agencies to be established see Annex A. By 1 March 2003 the Secretary of the DHS is required to transfer Government components or agencies and their functions to the DHS. See Annex B for the list of agencies, organizations and functions that must be established or transferred to DHS. By 1 June 2003 the Secretary of the DHS is required to: Transfer the Plum Island Animal Disease Center Establish the Homeland Security Science and Technology Advisory Committee By 30 September 2003 the Secretary of the DHS is required to complete any remaining transfers of personnel, assets, and liabilities The following sections briefly describe the roles and responsibilities of each of the four Directorates (Under Secretaries). DIRECTORATE OF TRANSPORTATION AND BORDER SECURITY 2.0 The Directorate of Border and Transportation Security (BTS) will include the following agencies: Bureau of Border Security, the Office for Domestic Preparedness, the Customs Service, the Transportation Security Administration (TSA), the FLETC, and the FPS. Aside from the Under-Secretary, BTS leadership will include an Assistant Secretary for Border Security and a Director of the Office for Domestic Preparedness. 2.1 The Under-Secretary will be responsible for the oversight of the following mandates of BTS: Preventing the entry of terrorists and the instruments of terrorism into the US. Securing the border, territorial waters, ports, terminals, waterways, and air, land and sea transportation systems of the US. Establishing and administering rules governing the granting of visas or other forms of permission to enter the US. Establishing national immigration enforcement policies and priorities. Administering US customs laws. Conducting the inspection and related administrative functions of the USDA as transferred to the DHS under the Act. Ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce while carrying out the above responsibilities. Carrying out the immigration enforcement functions specified in the Act that were transferred to the DHS from the INS. 2.2 The Assistant Secretary for Border Security will report directly to the Under Secretary of BTS and will be responsible for: The administration of the policies related to the functions transferred to the Under Secretary for BTS. Advising the Under Secretary with respect to any policy or operation of the Bureau of Border Security that may affect the Bureau of Citizenship and Immigration. 2.3 The Director of the Office for Domestic Preparedness will report directly to the Under Secretary for BTS and will have the primary responsibility within the Executive Branch of the Federal Government for the preparedness of the US for acts of terrorism. Responsibilities will include: Coordination of preparedness efforts at the Federal level and working with other levels of emergency response providers on all matters relating to combating terrorism, including training, exercises and equipment support. Coordination and/or consolidation of communications and their systems relating to homeland security at all levels of government. Direction and supervisions of terrorism preparedness grant programs of the Federal government for all emergency response providers. Incorporation of homeland security priorities into planning for the preparedness efforts of the Office of Domestic Preparedness. Provision of agency-specific training for agents and analysts both within the department and for outside agencies. Close cooperation with FEMA to prepare for and mitigate the effects of non-terrorist-related disasters. Along with other Directorates, assistance and support to the Secretary in conducting risk analysis and management activities at various levels of government. Supervision of FEMA's Office of National Preparedness, especially with respect to its responsibilities regarding terrorism. DIRECTORATE OF SCIENCE AND TECHNOLOGY 3.0 The Directorate of Science and Technology will be headed by the Under Secretary for Science and Technology. The Under Secretary's responsibilities will include: Advising the Secretary regarding R & D efforts and priorities. Development of a national policy and strategic plan for identifying priorities, goals, objectives and policies for the Federal Government's civilian efforts with respect to CBRN threats and countermeasures. Assessing and testing homeland security vulnerabilities and possible threats to support the Under Secretary for Information Analysis and Infrastructure Protection. Conduction research, development, demonstration, testing and evaluation activities relevant to the DHS. Establishment of priorities for directing, funding and conducting national R & D, testing, evaluation, and procurement of systems for preventing the importation of CBRN weapons or material, and detecting, protecting, responding to attacks. Establishment of a system for transferring technologies to other levels of government and to the private sector. Entering work agreements, sponsorships, or contracts with the DoE regarding use and support of national labs or sites. Collaboration with the Secretary of Health and Human Services and the Attorney general in identifying new biological agents and toxins. Supporting US leadership in science and technology. Establishment and administration of the primary R & D activities of the DHS, including long-term needs and capabilities for all Directorates and agencies of the DHS. Coordination and integration of all R & D activities of the DHS. Coordination with other agencies to avoid unnecessary duplication in the DHS science and technology agenda. Development and oversight of the administration of R & D project merit reviews throughout the DHS, and dissemination the Department's research. DIRECTORATE OF EMERGENCY PREPAREDNESS AND RESPONSE 4.0 The Directorate of Emergency Preparedness and Response (EP&R) will be headed by the Under Secretary. The responsibilities of the Under Secretary are as follows: Helping to ensure the effectiveness of emergency response providers to terrorist attacks, major disasters, and other emergencies. With respect to the Nuclear Incident Response Team: establishing standards and certifying that those standards have been met; conducting joint exercises and training and evaluating performance; providing funds to the DoE and the EPA for homeland security planning, training, and equipment. Providing the Federal Government's response to terrorist attacks and disasters, including: Managing a response; Directing the Domestic Emergency Support Team, the Strategic National Stockpile, the National Disaster Medical System, and the Nuclear Incident Response Team; Overseeing the Metropolitan Medical Response System; and Coordinating other Federal response resources. Aiding recovery from attacks and disasters. Building a comprehensive national incident management system with other levels of government and outside agencies to respond to attacks and disasters. Consolidating existing Federal emergency response plans into a single, coordinated national response plan. Developing comprehensive programs for developing inter-operative communications technology, and ensuring that emergency responders acquire such technology. DIRECTORATE OF INFORMATION ANALYSIS AND INFRASTRCUTURE PROTECTION 5.0 The Directorate of Information Analysis and Infrastructure Protection (IA&IP) is headed by the Under Secretary. The Under Secretary will be supported by the Assistant Secretary for Information Analysis and the Assistant Secretary for Infrastructure Protection. 5.1 The Under Secretary for IA&IP is directly responsible for oversight of NIPC, NCS, CIAO, NISAC, EAO, and FedCIRC, as well as the management of the Directorate's duties and the administration of the Homeland Security Advisory System. 5.2 The Assistant Secretary for Information Analysis will oversee the functions of Information Analysis, including: Identification and assessment of the nature and scope of terrorist threats to the homeland, detection of threats against the US, and comprehension of such threats in light of actual and potential vulnerabilities of the homeland. Integration of relevant information, analyses, and vulnerability assessments, in conjunction with the Assistant Secretary of Infrastructure Protection, in order to identify priorities for the Department and other agencies. Ensuring the timely and efficient access by the DHS to all information necessary to discharge its responsibilities, including obtaining such information from other Federal Government agencies. Revising, analyzing, and making recommendations for improvements in the policies and procedures governing the sharing of law enforcement information, intelligence information, and other information relating to homeland security within the Federal Government and between the Federal Government, State, and local government agencies and authorities. Disseminating, as appropriate, information analyzed by the DHS to other government agencies and private sector entities with homeland security responsibilities in order to assist in the deterrence, prevention, preemption of, or response to, attacks. Consulting with the Director of the CIA and other intelligence and law enforcement agencies to establish collection priorities and strategies for information relating to threats of terrorism. Consulting with State and local governments and the private sector to ensure appropriate exchanges of information relating to threats of terrorism. Ensuring that any information received is protected from unauthorized disclosure and handled and used only for the performance of official duties, as outlined in the Homeland Security Act of 2002. Ensuring that any intelligence information under the Act is shared, retained, and disseminated consistent with the authority of the Director the CIA. Requesting additional information from other agencies, government or private, relating to terrorism in the US, or relating to areas of responsibility assigned by the Secretary; including the entry into cooperative agreements through the Secretary to obtain such information. Establishing and utilizing, in conjunction with the Chief Information Officer, a secure communications and IT infrastructure in order to access, receive, analyze, and disseminate data and information. Ensuring in conjunction with the Chief Information Officer that any information databases and analytical tools developed or used by the DHS are compatible with one another and with relevant databases used by other Federal agencies; and are in compliance with applicable Federal privacy laws. Coordinating training and support to personnel of the DHS and other government agencies in order to facilitate the identification and sharing of information revealed in their ordinary duties and the optimal utilization of information received from the Department. Coordinating with elements of the intelligence community and with various levels of law enforcement agencies and the private sector. Providing intelligence and information analysis and support to other elements of the DHS. 5.3 The Assistant Secretary for Infrastructure Protection will be responsible for the oversight of the following responsibilities: Carrying out comprehensive assessments of the vulnerabilities of the key resources and critical infrastructure of the US, and analyzing the probability of success of certain attacks and the feasibility and potential efficacy of various countermeasures to such attacks. Integrating relevant information, analyses, and vulnerability assessments, in coordination with the Assistant Secretary of Information Analysis, to identify priorities for protective and support measures by the DHS or other agencies. Developing a comprehensive national plan for securing the key resources and critical infrastructure of the US, including: power production, generation, and distributing systems; information technology and telecommunications systems; electronic financial and property record storage and transmission systems; emergency preparedness communications systems; and the physical and technological assets that support such systems. Recommending measures necessary to protect the key resources and critical infrastructure of the US in coordination with other government and private agencies. Providing to State and local government agencies, and upon request to private entities, crisis management support and technical assistance in response to threats to, or attacks on, critical information systems. This is to be achieved in conjunction with the Under Secretary for Emergency Preparedness and Response. Coordinating with other agencies of the Federal government to provide specific warning information and advice about appropriate protective measures and countermeasures to other agencies and the public. 6.0 The DHS Reorganization plan also indicated functions for the Director of the Bureau of Citizenship and Immigration Services and the Citizenship and Immigration Services Ombudsman. Both will report directly to the Deputy Secretary for DHS. BUDGET 7.0 The new department will have a $37 billion budget. The largest proportion of the budget will go to the Directorate of Border and Transportation Security with $23.8 billion. The Directorate of Emergency Preparedness and Response follows with a 2003 budget of $8.4 billion. The Directorate of Science and Technology has been allocated $3.6 billion and the Directorate of Information Analysis and Infrastructure Protection has a budget of $0.4 billion. The vast majority of DHS staff will be employed by BTS, with over 156,000 employees. EP&R will employ approximately 5,300; Science and Technology 600; and IA&IP 1000. INFORMATION-SHARING AND FOIA 8.0 The Critical Infrastructure Information Act of 2002, or Section 214, of the Homeland Security Act 2002 states that information provided to the DHS by non-federal parties that relates to infrastructure vulnerabilities or other vulnerabilities to terrorism is not subject to public disclosure under the Freedom of Information Act. Also, such information would not lose its protected character if forwarded by the DHS to other federal departments of agencies. 8.1 Section 214 of the Act also provides that the unauthorized disclosure of protected critical infrastructure information by a Federal employee is an offence subject to both a fine and/or imprisonment of not more than a year. Authorization requires written consent of the person or entity providing the information. CYBERSECURITY ENHANCEMENT ACT OF 2002 9.0 Section 225, titled the Cybersecurity Enhancement Act of 2002, of the Homeland Security Act includes provisions affecting cyber security and IT. The new law shields Internet service providers (ISPs) from customer lawsuits if providers share private subscriber information with law enforcement authorities. It also makes it easier for law enforcement to trace the location and identity of an Internet user suspected of posing an "imminent threat to national security interests" or perpetrating attacks on "protected computers". As a critical infrastructure, disclosures regarding cyber security vulnerabilities are exempt from the FOIA. 9.1 Section 225 also requires the US Sentencing Commission to review its sentencing guidelines for certain computer-related crimes. Currently, the maximum sentence for computer-related crimes is 10 years. The new legislation would require sentencing to take into account not only the severity of the crime's results, but also level of intent and the sophistication and planning of the crime. Defendants found guilty of knowingly or recklessly causing or attempting to cause death in a computer-related crime could face life in prison. ANNEX A Department of Homeland Security Positions to be appointed and offices to be established by 24 January 2003: Appoint: Deputy Secretary of Homeland Security Under-Secretary for Information Analysis and Infrastructure Protection Under-Secretary for Science and Technology Under-Secretary for Border and Transportation Security Under-Secretary for Emergency Preparedness and Response Director of the Bureau of Citizenship and Immigration Services Under-Secretary for Management General Counsel Inspector General Commissioner of Customs Not more than 12 Assistance Secretaries Assistant Secretary for Information Analysis Assistant Secretary for Infrastructure Protection Privacy Officer Director of the Secret Service Chief Information Officer Chief Human Capital Officer Chief Financial Officer Officer for Civil Rights and Civil Liberties Director of Shared Services Citizenship and Immigration Ombudsman Director of the Homeland Security Advanced Research Projects Agency Establish: Office for State and Local Government Coordination, Office of International Affairs Office of National Capital Region Coordination Homeland Security Advanced Research Projects Agency Acceleration Fund for Research and Development of Homeland Security Technologies Office for National Laboratories Bureau of Border Security Bureau of Citizenship and Immigration Services Director of Shared Services Transportation Security Oversight Board Annex B Agencies and Functions Transferred to DHS by 1 March 2003 Critical Infrastructure Assurance Office (CIAO) National Communications System (NCS) National Infrastructure Protection Center (except CIOS), National Infrastructure Simulation and Analysis Center (NISAC) Energy Assurance Office (EAO) Federal Computer Incident Response Center (FedCIRC) Coast Guard Customs Service Transportation Security Administration (TSA) functions of the Immigration and Naturalization Service (INS) Federal Protective Service (FPS) Office of Domestic Preparedness Federal Law Enforcement Training Center (FLETC) Functions of the Secretary of Agriculture relating to im port and entry inspection activities from the Animal and Plant Health Inspection Service US Secret Service FEMA Integrated Hazard Information System of the National Oceanic and Atmospheric Administration, renamed FIRESTAT National Domestic Preparedness Office Domestic Emergency Support Team Metropolitan Medical Response System National Disaster Medical System Office of Emergency Preparedness and the Strategic National Stockpile Authority to direct the Nuclear Incident Response team To the Directorate of Science and Technology: The chemical and biological national security and supporting programs and activities of the nonproliferation and verification research and development program of the DoE The life sciences activities related to microbial pathogens of the Biological and Environmental Research Program of the DoE The National Bio-Weapons Defence Analysis Center of the DoD The Nuclear smuggling programs and activities within the proliferation detection program of the nonproliferation and verification research and development program of the DoE The nuclear assessment program and activities of the assessment, detection, and cooperation program of the international materials protection and cooperation program of the DoE and the advanced scientific computing research program and the activities at Lawrence Livermore National Laboratory of the DoE The Environmental Measurements Laboratory of the DoE IWS INFOCON Mailing List @ IWS - The Information Warfare Site http://www.iwar.org.uk
