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Acts

Homeland Security Act of 2002
By Cynthia Kirkeby
Mar 17, 2006, 11:25pm


Homeland Security Act of 2002

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) In General. - 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 do occur within the United States."

Source: H.R. 5005-8 the Homeland Security Act of 2002



Read the entire text of the Homeland Security Act of 2002

Read the White House analysis of the Homeland Security Act of 2002

Visit the Department of Homeland Security




SUMMARY AS OF:

6/24/2002--Introduced.    
The most recent summary: 11/19/2002--Passed Senate, amended. 

Homeland Security Act of 2002 - Establishes a Department of Homeland Security (HLS), as an executive department of the United States, headed by a Secretary of Homeland Security who shall be appointed by the President, by and with the advice and consent of the Senate.

States that the primary mission of HLS is to: (1) prevent terrorist attacks within the United States; (2) reduce the vulnerability of the United States to terrorism; and (3) minimize the damage, and assist in the recovery, from terrorist attacks that occur within the United States. Includes as HLS's primary responsibilities: (1) information analysis and infrastructure protection; (2) chemical, biological, radiological, nuclear, and related countermeasures; (3) border and transportation security; (4) emergency preparedness and response; and (5) coordination (including the provision of training and equipment) with other executive agencies, with State and local government personnel, agencies, and authorities, with the private sector, and with other entities.

Places responsibility with HLS for carrying out other functions of entities transferred to it as provided by law.

Creates: (1) a Deputy Secretary of Homeland Security, who shall be the Secretary's first assistant for purposes of details; (2) an Under Secretary for Information Analysis and Infrastructure Protection; (3) an Under Secretary for Chemical, Biological, Radiological, and Nuclear Countermeasures; (4) an Under Secretary for Border and Transportation Security; (5) an Under Secretary for Emergency Preparedness and Response; (6) an Under Secretary for Management; and (7) not more than six Assistant Secretaries. Establishes an Inspector General (to be appointed under the Inspector General Act of 1978), and enlists the Commandant of the Coast Guard and the Director of the Secret Service as well, to assist the Secretary in the performance of his functions.

Includes as the primary responsibilities of the Under Secretary for Information Analysis and Infrastructure Protection: (1) receiving and analyzing law enforcement information, intelligence, and other information in order to understand the nature and scope of the terrorist threat to the American homeland and to detect and identify potential threats of terrorism within the United States; (2) comprehensively assessing the vulnerabilities of the key resources and critical infrastructures in the United States; (3) integrating relevant information, intelligence analyses, and vulnerability assessments (whether provided or produced by the Department or others) to identify protective priorities and support protective measures by the Department, other executive agencies, State and local government personnel, agencies, and authorities, the private sector, and other entities; (4) developing a comprehensive national plan for securing the key resources and critical infrastructures in the United States; (5) taking or seeking to effect necessary measures to protect the key resources and critical infrastructures in the United States; (6) administering the Homeland Security Advisory System, exercising primary responsibility for public threat advisories, and providing specific warning information to State and local government personnel, agencies, and authorities, the private sector, other entities, and the public, as well as advice about appropriate protective actions and countermeasures; and (7) reviewing, analyzing, and making recommendations for improvements in the policies and procedures governing the sharing of law enforcement, intelligence, and other information relating to homeland security within the Federal government and between it and State and local government personnel, agencies, and authorities.

Transfers to the Secretary the functions, personnel, assets, and liabilities of the following entities: (1) the National Infrastructure Protection Center of the Federal Bureau of Investigation (FBI) (other than the Computer Investigations and Operations Section); (2) the National Communications System of the Department of Defense; (3) the Critical Infrastructure Assurance Office of the Department of Commerce; (4) the Computer Security Division of the National Institute of Standards and Technology; (5) the National Infrastructure Simulation and Analysis Center of the Department of Energy; and (6) the Federal Computer Incident Response Center of the General Services Administration.

Gives the Secretary access to all reports, assessments, and analytical information relating to threats of terrorism in the United States and to other areas of HLS responsibility, and to all information concerning infrastructure or other vulnerabilities of the United States to terrorism, whether or not it has been analyzed, that may be collected, possessed, or prepared by any executive agency, except as otherwise directed by the President. Requires all executive agencies promptly to provide to the Secretary: (1) all reports, assessments, and analytical information relating to threats of terrorism in the United States and to other areas of HLS responsibility; (2) all information concerning infrastructure or other vulnerabilities of the United States to terrorism, whether or not it has been analyzed; (3) all information relating to significant and credible threats of terrorism in the United States, whether or not it has been analyzed, if the President has granted the Secretary such access; and (4) such other material as the President may further provide. Requires the Secretary to ensure: (1) that any such material is protected from unauthorized disclosure and handled and used only for the performance of official duties; and (2) that any shared intelligence information shall be transmitted, retained, and disseminated consistent with the authority of the Director of Central Intelligence to protect intelligence sources and methods, or appropriate similar authorities of the Attorney General concerning sensitive law enforcement information.

Exempts from the Privacy Act any information in the Department's possession provided voluntarily by non-Federal entities or individuals with respect to infrastructure vulnerabilities or other vulnerabilities to terrorism.

Includes as the primary responsibilities of the Under Secretary for Chemical, Biological, Radiological, and Nuclear Countermeasures: (1) securing the people, infrastructures, property, resources, and systems in the United States from acts of terrorism involving chemical, biological, radiological, or nuclear weapons or other emerging threats; (2) conducting a national scientific research and development (R&D) program to support the mission of HLS; (3) establishing priorities for, directing, funding, and conducting national research, development, and procurement of technology and systems for preventing the importation of chemical, biological, radiological, nuclear, and related weapons and material, and for detecting, preventing, protecting against, and responding to terrorist attacks that involve such weapons or material; and (4) establishing guidelines for State and local government efforts to develop and implement countermeasures to threats of chemical, biological, radiological, and nuclear terrorism, and other emerging terrorist threats.

Transfers to the Secretary the functions, personnel, assets, and liabilities of the following entities: (1) the select agent registration enforcement programs and activities of the Department of Health and Human Services (HHS); (2) the National Bio-Weapons Defense Analysis Center of the Department of Defense; and (4) the Plum Island Animal Disease Center of the Department of Agriculture.

Transfers to the Secretary the following programs and activities of the Department of Energy: (1) the chemical and biological national security and supporting programs and activities of the non-proliferation and verification R&D program; (2) the nuclear smuggling programs and activities, and other programs and activities directly related to homeland security, within the proliferation detection program of the non-proliferation and verification R&D program; (3) the nuclear assessment program and activities of the assessment, detection, and cooperation program of the international materials protection and cooperation program; (4) the energy security and assurance program and activities; (5) certain life sciences activities of the biological and environmental research program related to microbial pathogens; (6) the Environmental Measurements Laboratory; and (7) the advanced scientific computing research program and activities, and the intelligence program and activities, at Lawrence Livermore National Laboratory.

Directs the Secretary to carry out his civilian human health-related biological, biomedical, and infectious disease defense R&D (including vaccine R&D) responsibilities, with authority to set priorities, through HHS (including the Public Health Service), under agreements with the Secretary of HHS. Authorizes the Secretary to transfer funds to the Secretary of HHS in connection with such agreements.

Provides that nothing in this Act, except as specifically provided, shall confer upon the Secretary any authority to engage in warfighting, the military defense of the United States, or other traditional military activities.

Includes as the primary responsibilities of the Under Secretary for Border and Transportation Security: (1) preventing the entry of terrorists and the instruments of terrorism into the United States;(2) securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the United States, including managing and coordinating governmental activities at ports of entry; (3) administering the immigration and naturalization laws of the United States, including establishing rules for the granting of visas, parole, or other forms of permission to enter the United States to individuals who are not citizens or lawful permanent residents; (4) administering Federal customs laws; and (5) in carrying out the foregoing responsibilities, ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce.

Transfers to the Secretary the functions, personnel, assets, and liabilities of the following entities: (1) the United States Customs Service of the Department of the Treasury; (2) the Immigration and Naturalization Service of the Department of Justice; (3) the Animal and Plant Health Inspection Service of the Department of Agriculture; (4) the Coast Guard of the Department of Transportation, which shall be maintained as a distinct entity within HLS; (5) the Transportation Security Administration of the Department of Transportation, including related functions of the Under Secretary of Transportation for Security; and (6) the Federal Protective Service of the General Services Administration.

Grants the Secretary: (1) exclusive authority, through the Secretary of State, to issue regulations with respect to, administer, and enforce the Immigration and Nationality Act and all other immigration and nationality laws relating to the functions of diplomatic and consular officers of the United States in connection with the granting or refusal of visas; and (2) authority to confer or impose upon any officer or employee of the United States, with the consent of the executive agency under whose jurisdiction such officer or employee is serving, any of these specified functions.

Authorizes the Secretary of State to refuse a visa to an alien if the Secretary of State deems such refusal necessary or advisable in the interests of the United States.

Includes as the primary responsibilities of the Under Secretary for Emergency Preparedness and Response: (1) helping to ensure the preparedness of emergency response providers for terrorist attacks, major disasters, and other emergencies; (2) establishing standards for the Nuclear Incident Response Team, conducting joint and other exercises and training; (3) providing the Federal government's response to terrorist attacks and major disasters; (4) aiding recovery from terrorist attacks and major disasters; (5) building a comprehensive national incident management system with Federal, State, and local governments to respond to such attacks and disasters; (6) consolidating existing Federal government emergency response plans into a single, coordinated national response plan; and (7) developing comprehensive programs for interoperative communications technology, and their acquisition by emergency response providers.

Transfers to the Secretary the functions, personnel, assets, and liabilities of the following entities: (1) the Federal Emergency Management Agency; (2) the Office for Domestic Preparedness of the Office of Justice Programs; (3) the National Domestic Preparedness Office of the FBI; (4) the Domestic Emergency Support Teams of the Department of Justice; (5) the Office of the Assistant Secretary for Public Health Emergency Preparedness (including the Office of Emergency Preparedness, the National Disaster Medical System, and the Metropolitan Medical Response System) of HHS; and (6) the Strategic National Stockpile of HHS.

Provides that at the direction of the Secretary (in connection with an actual or threatened terrorist attack, major disaster, or other emergency), the Nuclear Incident Response Team (including certain entities of the Environmental Protection Agency and the Department of Energy) shall operate as an organizational unit of HLS under the Secretary's authority and control.

Directs the Secretary to carry out through HHS (including the Public Health Service), under agreements with the Secretary of HHS, all biological, chemical, radiological, and nuclear preparedness-related construction, renovation, and enhancement of security for research and development or other facilities owned or occupied by HHS.

Directs the Secretary to carry out specified HHS public health-related activities assisting State and local government, non-Federal public and private health care facilities and providers, and public and non-profit health and educational facilities to prepare for, prevent, and respond to biological, chemical, radiological, and nuclear events and public health emergencies, by means including direct services, technical assistance, communications and surveillance, education and training activities, and grants.

Places the HLS Inspector General under the authority, direction, and control of the Secretary with respect to audits or investigations, or the issuance of subpoenas, that require access to information concerning various specified matters including intelligence, counterintelligence, or counterterrorism matters.

Transfers to the Secretary the functions, personnel, assets, and liabilities of the United States Secret Service, which shall be maintained as a distinct entity within the Department.

Authorizes the Secretary, in regulations prescribed jointly with the Director of the Office of Personnel Management, to establish a human resources management system for the organizational units of HLS which shall be flexible, contemporary, and grounded in the public employment principles of merit and fitness.

Grants the Secretary limited authority to: (1) reorganize HLS by allocating or reallocating functions within HLS and by establishing, consolidating, altering, or discontinuing organizational units within HLS; and (2) transfer funding between appropriations accounts upon 15 days notice to congressional appropriations committees.

Establishes in the Department of Defense a National Bio-Weapons Defense Analysis Center whose mission is to develop countermeasures to potential attacks by terrorists using weapons of mass destruction.

Source: 107th Congress



Learning Links

The Department of Homeland Security
Visit this section of the U.S. government to find out how America is preparing to protect its borders and its citizens. Links of interest:
1.) Homeland Security Advisory System - Current Advisory Level
2.) What to expect at airport security.
3.) About First Responders
Source: The Department of Homeland Security


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