Homeland Security Act of 2002


Homeland Security Act of 2002 :

Public Law 107-296, 6 U.S.C. 101 et seq., November 25, 2003, established the Department of Homeland Security (DHS) with the mandate and legal authority to protect the American people from the continuing threat of terrorism. In the Act, Congress assigned DHS the primary missions to: (1) Prevent terrorist attacks within the United States, (2) Reduce the vulnerability of the United States to terrorism at home, (3) Minimize the damage and assist in the recovery from any attacks that may occur, and (4) Act as the focal point regarding natural and manmade crises and emergency planning. The Homeland Security Act gives the Secretary of Homeland Security full authority and control over the Department and the duties and activities performed by its personnel, and it vests him with the broad authority necessary to fulfill the Department's statutory mission to protect the American homeland. This statutory authority, combined with the President's direction in Homeland Security Presidential Directive 5, supports the NRP's unified, effective approach to domestic prevention, preparedness, response, and recovery activities. (DHS, National Response Plan (Draft #1), February 25, 2004, p. 66). Title V of the act transferred the functions, personnel, resources, and authorities of six existing entities, the largest of which was FEMA, into EPR. Section 507 of the act specifically charged FEMA with carrying out its mission to reduce the loss of life and property and protect the Nation from all hazards by leading and supporting the Nation in a comprehensive, risk-based emergency management program. Although all of FEMA was transferred into the new department, it was not defined as an autonomous or distinct entity within its parent organization. The act explicitly gave the President and Secretary significant discretion in reorganizing the department, including FEMA. FEMA functions were transferred to DHS on March 1, 2003.57 The following January, Secretary Tom Ridge used his reorganization authority to consolidate organizational units and reallocate functions within DHS. Among other changes, select grant award functions [then] exercised by the Under Secretary for Emergency Preparedness and Response, under Sections 502 and 503 of the Homeland Security Act, were consolidated within the Office of State and Local Government Coordination and Preparedness, an office that would report directly to the (CRS, Federal Emer. Mgmt. and [HLS] Organization: Historical Developments, 1Jun06, p. 20)

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