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[infowar.de] Office of Homeland Security Executive Order
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http://www.whitehouse.gov/news/releases/2001/10/20011008-2.html
THE WHITE HOUSE
President GEORGE W. BUSH
For Immediate Release
Office of the Press Secretary
October 8, 2001
Executive Order
Establishing the Office of Homeland Security and the Homeland Security
Council
By the authority vested in me as President by the Constitution and
the laws of the United States of America, it is hereby ordered as
follows:
Section 1. Establishment. I hereby establish within the Executive
Office of the President an Office of Homeland Security (the "Office") to
be headed by the
Assistant to the President for Homeland Security.
Sec. 2. Mission. The mission of the Office shall be to develop
and coordinate the implementation of a comprehensive national strategy
to secure the United
States from terrorist threats or attacks. The Office shall perform the
functions necessary to carry out this mission, including the functions
specified in section 3
of this order.
Sec. 3. Functions. The functions of the Office shall be to
coordinate the executive branch's efforts to detect, prepare for,
prevent, protect against, respond
to, and recover from terrorist attacks within the United States.
(a) National Strategy. The Office shall work with executive
departments and agencies, State and local governments, and private
entities to ensure the
adequacy of the national strategy for detecting, preparing for,
preventing, protecting against, responding to, and recovering from
terrorist threats or attacks
within the United States and shall periodically review and coordinate
revisions to that strategy as necessary.
(b) Detection. The Office shall identify priorities and
coordinate efforts for collection and analysis of information within the
United States regarding threats of
terrorism against the United States and activities of terrorists or
terrorist groups within the United States. The Office also shall
identify, in coordination with the
Assistant to the President for National Security Affairs, priorities for
collection of intelligence outside the United States regarding threats
of terrorism within the
United States.
(i) In performing these functions, the Office shall work with
Federal, State, and local agencies, as appropriate, to:
(A) facilitate collection from State and local
governments and private entities of information pertaining to terrorist
threats or activities within the
United States;
(B) coordinate and prioritize the requirements for
foreign intelligence relating to terrorism within the United States of
executive departments and
agencies responsible for homeland security and provide these
requirements and priorities to the Director of Central Intelligence and
other agencies responsible
collection of foreign intelligence;
(C) coordinate efforts to ensure that all executive
departments and agencies that have intel-ligence collection
responsibilities have sufficient
technological capabilities and resources to collect intelligence and
data relating to terrorist activities or possible terrorist acts within
the United States, working
with the Assistant to the President for National Security Affairs, as
appropriate;
(D) coordinate development of monitoring protocols and
equipment for use in detecting the release of biological, chemical, and
radiological hazards;
and
(E) ensure that, to the extent permitted by law, all
appropriate and necessary intelligence and law enforcement information
relating to homeland
security is disseminated to and exchanged among appropriate executive
departments and agencies responsible for homeland security and, where
appropriate for
reasons of homeland security, promote exchange of such information with
and among State and local governments and private entities.
(ii) Executive departments and agencies shall, to the extent
permitted by law, make available to the Office all information relating
to terrorist threats and
activities within the United States.
(c) Preparedness. The Office of Homeland Security shall coordinate
national efforts to prepare for and mitigate the consequences of
terrorist threats or
attacks within the United States. In performing this function, the
Office shall work with Federal, State, and local agencies, and private
entities, as appropriate,
to:
(i) review and assess the adequacy of the portions of all
Federal emergency response plans that pertain to terrorist threats or
attacks within the United
States;
(ii) coordinate domestic exercises and simulations designed
to assess and practice systems that would be called upon to respond to a
terrorist threat or
attack within the United States and coordinate programs and activities
for training Federal, State, and local employees who would be called
upon to respond to
such a threat or attack;
(iii) coordinate national efforts to ensure public health
preparedness for a terrorist attack, including reviewing vaccination
policies and reviewing the
adequacy of and, if necessary, increasing vaccine and pharmaceutical
stockpiles and hospital capacity;
(iv) coordinate Federal assistance to State and local
authorities and nongovernmental organizations to prepare for and respond
to terrorist threats or
attacks within the United States;
(v) ensure that national preparedness programs and activities
for terrorist threats or attacks are developed and are regularly
evaluated under appropriate
standards and that resources are allocated to improving and sustaining
preparedness based on such evaluations; and
(vi) ensure the readiness and coordinated deployment of
Federal response teams to respond to terrorist threats or attacks,
working with the Assistant to
the President for National Security Affairs, when appropriate.
(d) Prevention. The Office shall coordinate efforts to prevent
terrorist attacks within the United States. In performing this
function, the Office shall work
with Federal, State, and local agencies, and private entities, as
appropriate, to:
(i) facilitate the exchange of information among such
agencies relating to immigration and visa matters and shipments of
cargo; and, working with the
Assistant to the President for National Security Affairs, ensure
coordination among such agencies to prevent the entry of terrorists and
terrorist materials and
supplies into the United States and facilitate removal of such
terrorists from the United States, when appropriate;
(ii) coordinate efforts to investigate terrorist threats and
attacks within the United States; and
(iii) coordinate efforts to improve the security of United
States borders, territorial waters, and airspace in order to prevent
acts of terrorism within the
United States, working with the Assistant to the President for National
Security Affairs, when appropriate.
(e) Protection. The Office shall coordinate efforts to protect
the United States and its critical infrastructure from the consequences
of terrorist attacks. In
performing this function, the Office shall work with Federal, State, and
local agencies, and private entities, as appropriate, to:
(i) strengthen measures for protecting energy production,
transmission, and distribution services and critical facilities; other
utilities; telecommunications;
facilities that produce, use, store, or dispose of nuclear material; and
other critical infrastructure services and critical facilities within
the United States from
terrorist attack;
(ii) coordinate efforts to protect critical public and
privately owned information systems within the United States from
terrorist attack;
(iii) develop criteria for reviewing whether appropriate
security measures are in place at major public and privately owned
facilities within the United
States;
(iv) coordinate domestic efforts to ensure that special
events determined by appropriate senior officials to have national
significance are protected from
terrorist attack;
(v) coordinate efforts to protect transportation systems
within the United States, including railways, highways, shipping, ports
and waterways, and
airports and civilian aircraft, from terrorist attack;
(vi) coordinate efforts to protect United States livestock,
agriculture, and systems for the provision of water and food for human
use and consumption
from terrorist attack; and
(vii) coordinate efforts to prevent unauthorized access to,
development of, and unlawful importation into the United States of,
chemical, biological,
radiological, nuclear, explosive, or other related materials that have
the potential to be used in terrorist attacks.
(f) Response and Recovery. The Office shall coordinate efforts to
respond to and promote recovery from terrorist threats or attacks within
the United
States. In performing this function, the Office shall work with
Federal, State, and local agencies, and private entities, as
appropriate, to:
(i) coordinate efforts to ensure rapid restoration of
transportation systems, energy production, transmission, and
distribution systems;
telecommunications; other utilities; and other critical infrastructure
facilities after disruption by a terrorist threat or attack;
(ii) coordinate efforts to ensure rapid restoration of public
and private critical information systems after disruption by a terrorist
threat or attack;
(iii) work with the National Economic Council to coordinate
efforts to stabilize United States financial markets after a terrorist
threat or attack and
manage the immediate economic and financial consequences of the
incident;
(iv) coordinate Federal plans and programs to provide
medical, financial, and other assistance to victims of terrorist attacks
and their families; and
(v) coordinate containment and removal of biological,
chemical, radiological, explosive, or other hazardous materials in the
event of a terrorist threat or
attack involving such hazards and coordinate efforts to mitigate the
effects of such an attack.
(g) Incident Management. The Assistant to the President for
Homeland Security shall be the individual primarily respon-sible for
coordinating the domestic
response efforts of all departments and agencies in the event of an
imminent terrorist threat and during and in the immediate aftermath of a
terrorist attack
within the United States and shall be the principal point of contact for
and to the President with respect to coordination of such efforts. The
Assistant to the
President for Homeland Security shall coordinate with the Assistant to
the President for National Security Affairs, as appropriate.
(h) Continuity of Government. The Assistant to the President for
Homeland Security, in coordination with the Assistant to the President
for National Security
Affairs, shall review plans and preparations for ensuring the continuity
of the Federal Government in the event of a terrorist attack that
threatens the safety and
security of the United States Government or its leadership.
(i) Public Affairs. The Office, subject to the direction of the
White House Office of Communications, shall coordinate the strategy of
the executive branch for
communicating with the public in the event of a terrorist threat or
attack within the United States. The Office also shall coordinate the
develop-ment of
programs for educating the public about the nature of terrorist threats
and appropriate precautions and responses.
(j) Cooperation with State and Local Governments and Private
Entities. The Office shall encourage and invite the participation of
State and local governments
and private entities, as appropriate, in carrying out the Office's
functions.
(k) Review of Legal Authorities and Development of Legislative
Proposals. The Office shall coordinate a periodic review and assessment
of the legal
authorities available to executive departments and agencies to permit
them to perform the functions described in this order. When the Office
determines that
such legal authorities are inadequate, the Office shall develop, in
consultation with executive departments and agencies, proposals for
presidential action and
legislative proposals for submission to the Office of Management and
Budget to enhance the ability of executive departments and agencies to
perform those
functions. The Office shall work with State and local govern-ments in
assessing the adequacy of their legal authorities to permit them to
detect, prepare for,
prevent, protect against, and recover from terrorist threats and
attacks.
(l) Budget Review. The Assistant to the President for Homeland
Security, in consultation with the Director of the Office of Management
and Budget (the
"Director") and the heads of executive departments and agencies, shall
identify programs that contribute to the Administration's strategy for
homeland security
and, in the development of the President's annual budget submission,
shall review and provide advice to the heads of departments and agencies
for such
programs. The Assistant to the President for Homeland Security shall
provide advice to the Director on the level and use of funding in
departments and agencies
for homeland security-related activities and, prior to the Director's
forwarding of the proposed annual budget submission to the President for
transmittal to the
Congress, shall certify to the Director the funding levels that the
Assistant to the President for Homeland Security believes are necessary
and appropriate for the
homeland security-related activities of the executive branch.
Sec. 4. Administration.
(a) The Office of Homeland Security shall be directed by the
Assistant to the President for Homeland Security.
(b) The Office of Administration within the Executive Office of
the President shall provide the Office of Homeland Security with such
personnel, funding, and
administrative support, to the extent permitted by law and subject to
the availability of appropriations, as directed by the Chief of Staff to
carry out the
provisions of this order.
(c) Heads of executive departments and agencies are authorized, to
the extent permitted by law, to detail or assign personnel of such
departments and
agencies to the Office of Homeland Security upon request of the
Assistant to the President for Homeland Security, subject to the
approval of the Chief of Staff.
Sec. 5. Establishment of Homeland Security Council.
(a) I hereby establish a Homeland Security Council (the
"Council"), which shall be responsible for advising and assisting the
President with respect to all
aspects of homeland security. The Council shall serve as the mechanism
for ensuring coordina-tion of homeland security-related activities of
executive
departments and agencies and effective development and implementation of
homeland security policies.
(b) The Council shall have as its members the President, the Vice
President, the Secretary of the Treasury, the Secretary of Defense, the
Attorney General,
the Secretary of Health and Human Services, the Secretary of
Transportation, the Director of the Federal Emergency Management Agency,
the Director of the
Federal Bureau of Investigation, the Director of Central Intelligence,
the Assistant to the President for Homeland Security, and such other
officers of the
executive branch as the President may from time to time designate. The
Chief of Staff, the Chief of Staff to the Vice President, the Assistant
to the President
for National Security Affairs, the Counsel to the President, and the
Director of the Office of Management and Budget also are invited to
attend any Council
meeting. The Secretary of State, the Secretary of Agriculture, the
Secretary of the Interior, the Secretary of Energy, the Secretary of
Labor, the Secretary of
Commerce, the Secretary of Veterans Affairs, the Administrator of the
Environmental Protection Agency, the Assistant to the President for
Economic Policy, and
the Assistant to the President for Domestic Policy shall be invited to
attend meetings pertaining to their responsibilities. The heads of
other executive
departments and agencies and other senior officials shall be invited to
attend Council meetings when appropriate.
(c) The Council shall meet at the President's direction. When the
President is absent from a meeting of the Council, at the President's
direction the Vice
President may preside. The Assistant to the President for Homeland
Security shall be responsible, at the President's direction, for
determining the agenda,
ensuring that necessary papers are prepared, and recording Council
actions and Presidential decisions.
Sec. 6. Original Classification Authority. I hereby delegate the
authority to classify information originally as Top Secret, in
accordance with Executive Order
12958 or any successor Executive Order, to the Assistant to the
President for Homeland Security.
Sec. 7. Continuing Authorities. This order does not alter the
existing authorities of United States Government departments and
agencies. All executive
departments and agencies are directed to assist the Council and the
Assistant to the President for Homeland Security in carrying out the
purposes of this order.
Sec. 8. General Provisions.
(a) This order does not create any right or benefit, substantive
or procedural, enforceable at law or equity by a party against the
United States, its
departments, agencies or instrumentalities, its officers or employees,
or any other person.
(b) References in this order to State and local governments shall
be construed to include tribal governments and United States territories
and other
possessions.
(c) References to the "United States" shall be construed to
include United States territories and possessions.
Sec. 9. Amendments to Executive Order 12656. Executive Order
12656 of November 18, 1988, as amended, is hereby further amended as
follows:
(a) Section 101(a) is amended by adding at the end of the fourth
sentence: ", except that the Homeland Security Council shall be
responsible for
administering such policy with respect to terrorist threats and attacks
within the United States."
(b) Section 104(a) is amended by adding at the end: ", except
that the Homeland Security Council is the principal forum for
consideration of policy relating
to terrorist threats and attacks within the United States."
(c) Section 104(b) is amended by inserting the words "and the
Homeland Security Council" after the words "National Security Council."
(d) The first sentence of section 104(c) is amended by inserting
the words "and the Homeland Security Council" after the words "National
Security Council."
(e) The second sentence of section 104(c) is replaced with the
following two sentences: "Pursuant to such procedures for the
organization and
management of the National Security Council and Homeland Security
Council processes as the President may establish, the Director of the
Federal Emergency
Management Agency also shall assist in the implementation of and
management of those processes as the President may establish. The
Director of the Federal
Emergency Management Agency also shall assist in the implementation of
national security emergency preparedness policy by coordinating with the
other Federal
departments and agencies and with State and local governments, and by
providing periodic reports to the National Security Council and the
Homeland Security
Council on implementation of national security emergency preparedness
policy."
(f) Section 201(7) is amended by inserting the words "and the
Homeland Security Council" after the words "National Security Council."
(g) Section 206 is amended by inserting the words "and the
Homeland Security Council" after the words "National Security Council."
(h) Section 208 is amended by inserting the words "or the Homeland
Security Council" after the words "National Security Council."
GEORGE W. BUSH
THE WHITE HOUSE,
October 8, 2001.
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