The Department of Homeland Security Act

Effective January 1st, 2003

Structure:

Secretary of Homeland Security- appointed by President by and with consent of the Senate.

Undersecretaries- 

• Under Secretary for Information Analysis and Infrastructural Protection 
• Under Secretary for Chemical, Biological, and Nuclear Counter-Intelligence 
• Under Secretary for Borders and Transportation Security 
• Under Secretary for Emergency Preparedness and Response 
• Under Secretary for Management 
• *Inspector General 
• *Commandant of Coast Guard (4 year term) 
• *Director of Secret Service 
• Chief Financial Officer 
• Chief Information Officer

Note: *= These officers are only under the direction of the Secretary in matters which concern the deterrence and prevention of Terrorism and National Security.

Parts of the following Departments will be absorbed by the Department of Homeland Security (those parts relevant to National Security and Immigration):

• Department of Defense 
• Department of Commerce 
• Department of Justice 
• Department of Human Services 
• Department of Energy 
• Department of Agriculture 
• Customs Service 
• Coast Guard 
• Department of Transportation 
• EPA 
• FEMA 
• FBI 
• Secret Service
• Mission of Department of Homeland Security-

Prevent Terrorist Attacks within U.S., reduce U.S. vulnerability, and minimize damage and aid in recovery from attacks.

Responsibilities-

• Information analysis and infrastructure protection 
• Chemical, biological, nuclear and related counter-measures 
• Border and Transportation Security 
• Emergency Preparedness and Response 
• Coordinating relevant government and private entities (including training and equipping
• these agencies) for the purpose of Homeland Security

Salient Points:

• Department has no power to engage in military activity  
• "Information provided by non-federal entities or individuals that relate to infrastructure vulnerabilities and other vulnerabilities to terrorism and is or has been in the possession of the Department shall not be subject to Section 552 of Title 5 (of U.S. code)- section 552, title 5 is the right of disclosure clause which prohibits agencies from exchanging information data except with permission from the person whom the record pertains to.
•  Under Secretary for borders and transportation now administers immigration and naturalization customs laws.  
• "The Secretary of State may refuse a visa to an alien if the Secretary of State deems such refusal necessary or advisable in the interests of the United States."
•  Secretary has authority over Inspector General in audits, investigations, subpoenas related to intelligence, counter terrorism, ongoing criminal investigations, undercover operations, identity of confidential sources and "matters which would, in the Secretary's judgment, constitute a serious threat"….(to top government officials such as the President, Vice President, etc.), or "other matters the disclosure of which would, in the Secretary's judgment, constitute a serious threat to national security." 
• Secretary can appoint members and advisors as he sees fit so long as they are not simultaneously in the employ of the government. The size is not limited. 
• Secretary has the power to conduct research, with any biological or chemical research being directed by the Department of Health and Human Services 
  No employee in the Department may engage in litigation against the Federal Government in any capacity during their tenure.

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