Homeland Security Act of 2002 Part 1

Homeland Security Act of 2002.

by Committee on Homeland Security, U.S. House of Representatives.

In this Act, the following definitions apply: (1) Each of the terms ''American homeland'' and ''homeland'' means the United States.

(2) The term ''appropriate congressional committee'' means any committee of the House of Representatives or the Senate having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned.

(3) The term ''a.s.sets'' includes contracts, facilities, property, records, un.o.bligated or unexpended balances of appropriations, and other funds or resources (other than personnel).

(4) The term ''critical infrastructure'' has the meaning given that term in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).

(5) The term ''Department'' means the Department of Homeland Security.

(6) The term ''emergency response providers''

includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.

(7) The term ''executive agency'' means an executive agency and a military department, as defined, respectively, in sections 105 and 102 of t.i.tle 5, United States Code.

(8) The term ''functions'' includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.

(9) The term ''intelligence component of the Department'' means any element or ent.i.ty of the Department that collects, gathers, processes, a.n.a.lyzes, produces, or disseminates intelligence information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of ma.s.s destruction information, or national intelligence, as defined under section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)), except-- (A) the United States Secret Service; and (B) the Coast Guard, when operating under the direct authority of the Secretary of Defense or Secretary of the Navy pursuant to section 3 of t.i.tle 14, United States Code, except that nothing in this paragraph shall affect or diminish the authority and responsibilities of the Commandant of the Coast Guard to command or control the Coast Guard as an armed force or the authority of the Director of National Intelligence with respect to the Coast Guard as an element of the intelligence community (as defined under section 3(4) of the National Security Act of 1947 (50 U.S.C.

401a(4)).

(10) The term ''key resources'' means publicly or privately controlled resources essential to the minimal operations of the economy and government.

(11) The term ''local government'' means-- (A) a county, munic.i.p.ality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government ent.i.ty, or agency or instrumentality of a local government; (B) an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation; and (C) a rural community, unincorporated town or village, or other public ent.i.ty.

(12) The term ''major disaster'' has the meaning given in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency a.s.sistance Act (42 U.S.C.

5122).

(13) The term ''personnel'' means officers and employees.

(14) The term ''Secretary'' means the Secretary of Homeland Security.

(15) The term ''State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.

(16) The term ''terrorism'' means any activity that-- (A) involves an act that-- (i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and (ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and (B) appears to be intended-- (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by ma.s.s destruction, a.s.sa.s.sination, or kidnapping.

(17)(A) The term ''United States'', when used in a geographic sense, means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any possession of the United States, and any waters within the jurisdiction of the United States.

(B) Nothing in this paragraph or any other provision of this Act shall be construed to modify the definition of ''United States'' for the purposes of the Immigration and Nationality Act or any other immigration or nationality law.

(18) The term ''voluntary preparedness standards''

means a common set of criteria for preparedness, disaster management, emergency management, and business continuity programs, such as the American National Standards Inst.i.tute's National Fire Protection a.s.sociation Standard on Disaster/Emergency Management and Business Continuity Programs (ANSI/NFPA 1600).

SEC. 3. [6 U.S.C. 102] CONSTRUCTION; SEVERABILITY.

Any provision of this Act held to be invalid or unenforceable by its terms, or as applied to any person or circ.u.mstance, 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 circ.u.mstances.

SEC. 4. [6 U.S.C. 101 NOTE] EFFECTIVE DATE.

This Act shall take effect 60 days after the date of enactment.

t.i.tLE I--DEPARTMENT OF HOMELAND SECURITY

SEC. 101. [6 U.S.C. 111] 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 t.i.tle 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; (C) minimize the damage, and a.s.sist in the recovery, from terrorist attacks that do occur within the United States; (D) carry out all functions of ent.i.ties transferred to the Department, including by acting as a focal point regarding natural and manmade crises and emergency planning; (E) ensure that the functions of the agencies and subdivisions within the Department that are not related directly to securing the homeland are not diminished or neglected except by a specific explicit Act of Congress; (F) ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland; (G) ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and (H) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.

(2) Responsibility for investigating and prosecuting terrorism.--Except as specifically provided by law with respect to ent.i.ties transferred to the Department under this Act, primary responsibility for investigating and prosecuting acts of terrorism shall be vested not in the Department, but rather in Federal, State, and local law enforcement agencies with jurisdiction over the acts in question.

SEC. 102. [6 U.S.C. 112] SECRETARY; FUNCTIONS.

(a) Secretary.-- (1) In general.--There is a Secretary of Homeland Security, appointed by the President, by and with the advice and consent of the Senate.

(2) Head of department.--The Secretary is the head of the Department and shall have direction, authority, and control over it.

(3) Functions vested in secretary.--All functions of all officers, employees, and organizational units of the Department are vested in the Secretary.

(b) Functions.--The Secretary-- (1) except as otherwise provided by this Act, may delegate any of the Secretary's functions to any officer, employee, or organizational unit of the Department; (2) 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 the Secretary's responsibilities under this Act or otherwise provided by law; and (3) shall take reasonable steps to ensure that information systems and databases of the Department are compatible with each other and with appropriate databases of other Departments.

(c) Coordination With Non-Federal Ent.i.ties.--With respect to homeland security, the Secretary shall coordinate through the Office of State and Local Coordination (established under section 801) (including the provision of training and equipment) with State and local government personnel, agencies, and authorities, with the private sector, and with other ent.i.ties, including by-- (1) coordinating with State and local government personnel, agencies, and authorities, and with the private sector, to ensure adequate planning, equipment, training, and exercise activities; (2) coordinating and, as appropriate, consolidating, the Federal Government's communications and systems of communications relating to homeland security with State and local government personnel, agencies, and authorities, the private sector, other ent.i.ties, and the public; and (3) distributing or, as appropriate, coordinating the distribution of, warnings and information to State and local government personnel, agencies, and authorities and to the public.

(d) Meetings of National Security Council.--The Secretary may, subject to the direction of the President, attend and partic.i.p.ate in meetings of the National Security Council.

(e) Issuance of Regulations.--The issuance of regulations by the Secretary shall be governed by the provisions of chapter 5 of t.i.tle 5, United States Code, except as specifically provided in this Act, in laws granting regulatory authorities that are transferred by this Act, and in laws enacted after the date of enactment of this Act.

(f) Special a.s.sistant to the Secretary.--The Secretary shall appoint a Special a.s.sistant to the Secretary who shall be responsible for-- (1) creating and fostering strategic communications with the private sector to enhance the primary mission of the Department to protect the American homeland; (2) advising the Secretary on the impact of the Department's policies, regulations, processes, and actions on the private sector; (3) interfacing with other relevant Federal agencies with homeland security missions to a.s.sess the impact of these agencies' actions on the private sector; (4) creating and managing private sector advisory councils composed of representatives of industries and a.s.sociations designated by the Secretary to-- (A) advise the Secretary on private sector products, applications, and solutions as they relate to homeland security challenges; (B) advise the Secretary on homeland security policies, regulations, processes, and actions that affect the partic.i.p.ating industries and a.s.sociations; and (C) advise the Secretary on private sector preparedness issues, including effective methods for-- (i) promoting voluntary preparedness standards to the private sector; and (ii) a.s.sisting the private sector in adopting voluntary preparedness standards; (5) working with Federal laboratories, federally funded research and development centers, other federally funded organizations, academia, and the private sector to develop innovative approaches to address homeland security challenges to produce and deploy the best available technologies for homeland security missions; (6) promoting existing public-private partnerships and developing new public-private partnerships to provide for collaboration and mutual support to address homeland security challenges; (7) a.s.sisting in the development and promotion of private sector best practices to secure critical infrastructure; (8) providing information to the private sector regarding voluntary preparedness standards and the business justification for preparedness and promoting to the private sector the adoption of voluntary preparedness standards; (9) coordinating industry efforts, with respect to functions of the Department of Homeland Security, to identify private sector resources and capabilities that could be effective in supplementing Federal, State, and local government agency efforts to prevent or respond to a terrorist attack; (10) coordinating with the Directorate of Border and Transportation Security and the a.s.sistant Secretary for Trade Development of the Department of Commerce on issues related to the travel and tourism industries; and (11) consulting with the Office of State and Local Government Coordination and Preparedness on all matters of concern to the private sector, including the tourism industry.

(g) Standards Policy.--All standards activities of the Department shall be conducted in accordance with section 12(d) of the National Technology Transfer Advancement Act of 1995 (15 U.S.C. 272 note) and Office of Management and Budget Circular A-119.

SEC. 103. [6 U.S.C. 113] OTHER OFFICERS.

(a) Deputy Secretary; Under Secretaries.--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 a.s.sistant for purposes of subchapter III of chapter 33 of t.i.tle 5, United States Code.

(2) An Under Secretary for Science and Technology.

(3) An Under Secretary for Border and Transportation Security.

(4) An Administrator of the Federal Emergency Management Agency.

(5) A Director of the Bureau of Citizenship and Immigration Services.

(6) An Under Secretary for Management.

(7) A Director of the Office of Counternarcotics Enforcement.

(8) An Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department.

(9) Not more than 12 a.s.sistant Secretaries.

(10) A General Counsel, who shall be the chief legal officer of the Department.

(b) Inspector General.--There shall be in the Department an Office of Inspector General and an Inspector General at the head of such office, as provided in the Inspector General Act of 1978 (5 U.S.C. App.).

(c) Commandant of the Coast Guard.--To a.s.sist the Secretary in the performance of the Secretary's functions, there is a Commandant of the Coast Guard, who shall be appointed as provided in section 44 of t.i.tle 14, United States Code, and who shall report directly to the Secretary. In addition to such duties as may be provided in this Act and as a.s.signed to the Commandant by the Secretary, the duties of the Commandant shall include those required by section 2 of t.i.tle 14, United States Code.

(d) Other Officers.--To a.s.sist the Secretary in the performance of the Secretary's functions, there are the following officers, appointed by the President: (1) A Director of the Secret Service.

(2) A Chief Information Officer.

(3) An Officer for Civil Rights and Civil Liberties.

(4) A Director for Domestic Nuclear Detection.

(f) Performance of Specific Functions.--Subject to the provisions of this Act, every officer of the Department shall perform the functions specified by law for the official's office or prescribed by the Secretary.

(e) Chief Financial Officer.--There shall be in the Department a Chief Financial Officer, as provided in chapter 9 of t.i.tle 31, United States Code.

t.i.tLE II--INFORMATION a.n.a.lYSIS AND INFRASTRUCTURE PROTECTION

Subt.i.tle A--Information and a.n.a.lysis and Infrastructure Protection; Access to Information

SEC. 201. [6 U.S.C. 121] INFORMATION AND a.n.a.lYSIS AND INFRASTRUCTURE PROTECTION.

(a) Intelligence and a.n.a.lysis and Infrastructure Protection.--There shall be in the Department an Office of Intelligence and a.n.a.lysis and an Office of Infrastructure Protection.

(b) Under Secretary for Intelligence and a.n.a.lysis and a.s.sistant Secretary for Infrastructure Protection.-- (1) Office of intelligence and a.n.a.lysis.--The Office of Intelligence and a.n.a.lysis shall be headed by an Under Secretary for Intelligence and a.n.a.lysis, who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) Chief intelligence officer.--The Under Secretary for Intelligence and a.n.a.lysis shall serve as the Chief Intelligence Officer of the Department.

(3) Office of infrastructure protection.--The Office of Infrastructure Protection shall be headed by an a.s.sistant Secretary for Infrastructure Protection, who shall be appointed by the President.

(c) Discharge of Responsibilities.--The Secretary shall ensure that the responsibilities of the Department relating to information a.n.a.lysis and infrastructure protection, including those described in subsection (d), are carried out through the Under Secretary for Intelligence and a.n.a.lysis or the a.s.sistant Secretary for Infrastructure Protection, as appropriate.

(d) Responsibilities of Secretary Relating To Intelligence and a.n.a.lysis and Infrastructure Protection.--The responsibilities of the Secretary relating to intelligence and a.n.a.lysis and infrastructure protection shall be as follows: (1) To access, receive, and a.n.a.lyze law enforcement information, intelligence information, and other information from agencies of the Federal Government, State and local government agencies (including law enforcement agencies), and private sector ent.i.ties, and to integrate such information, in support of the mission responsibilities of the Department and the functions of the National Counterterrorism Center established under section 119 of the National Security Act of 1947 (50 U.S.C. 404o), in order to-- (A) identify and a.s.sess the nature and scope of terrorist threats to the homeland; (B) detect and identify threats of terrorism against the United States; and (C) understand such threats in light of actual and potential vulnerabilities of the homeland.

(2) To carry out comprehensive a.s.sessments of the vulnerabilities of the key resources and critical infrastructure of the United States, including the performance of risk a.s.sessments to determine the risks posed by particular types of terrorist attacks within the United States (including an a.s.sessment of the probability of success of such attacks and the feasibility and potential efficacy of various countermeasures to such attacks).

(3) To integrate relevant information, a.n.a.lyses, and vulnerability a.s.sessments (whether such information, a.n.a.lyses, or a.s.sessments are provided or produced by the Department or others) in order to identify priorities for protective and support measures by the Department, other agencies of the Federal Government, State and local government agencies and authorities, the private sector, and other ent.i.ties.

(4) To ensure, pursuant to section 202, the timely and efficient access by the Department to all information necessary to discharge the responsibilities under this section, including obtaining such information from other agencies of the Federal Government.

(5) To develop a comprehensive national plan for securing the key resources and critical infrastructure of the United States, including power production, generation, and distribution systems, information technology and telecommunications systems (including satellites), electronic financial and property record storage and transmission systems, emergency preparedness communications systems, and the physical and technological a.s.sets that support such systems.

(6) To recommend measures necessary to protect the key resources and critical infrastructure of the United States in coordination with other agencies of the Federal Government and in cooperation with State and local government agencies and authorities, the private sector, and other ent.i.ties.

(7) To review, a.n.a.lyze, and make recommendations for improvements to the policies and procedures governing the sharing of information within the scope of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), including homeland security information, terrorism information, and weapons of ma.s.s destruction information, and any policies, guidelines, procedures, instructions, or standards established under that section.

(8) To disseminate, as appropriate, information a.n.a.lyzed by the Department within the Department, to other agencies of the Federal Government with responsibilities relating to homeland security, and to agencies of State and local governments and private sector ent.i.ties with such responsibilities in order to a.s.sist in the deterrence, prevention, preemption of, or response to, terrorist attacks against the United States.

(9) To consult with the Director of National Intelligence and other appropriate intelligence, law enforcement, or other elements of the Federal Government to establish collection priorities and strategies for information, including law enforcement- related information, relating to threats of terrorism against the United States through such means as the representation of the Department in discussions regarding requirements and priorities in the collection of such information.

(10) To consult with State and local governments and private sector ent.i.ties to ensure appropriate exchanges of information, including law enforcement- related information, relating to threats of terrorism against the United States.