Date: 28 November 2002
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
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:
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
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
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
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
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
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
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
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
Along with other Directorates, assistance and support to the Secretary
in conducting risk analysis and management activities at various levels
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
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
Providing the Federal Government's response to terrorist attacks and
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
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
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
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
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
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.
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.
Department of Homeland Security Positions to be appointed and offices to
be established by 24 January 2003:
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
Commissioner of Customs
Not more than 12 Assistance Secretaries
Assistant Secretary for Information Analysis
Assistant Secretary for Infrastructure Protection
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
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
Office for National Laboratories
Bureau of Border Security
Bureau of Citizenship and Immigration Services
Director of Shared Services
Transportation Security Oversight Board
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)
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
US Secret Service
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
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