[Federal Register Volume 67, Number 52 (Monday, March 18, 2002)]
[Notices]
[Pages 12047-12049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6565]


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DEPARTMENT OF JUSTICE

[AG Order No. 2565-2002]


Office of the Attorney General; Homeland Security Advisory System

AGENCY: Department of Justice.

ACTION: Notice.

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SUMMARY: The President has directed the Attorney General, in 
consultation and coordination with the Assistant to the President for 
Homeland Security, to seek the views of government officials at all 
levels, public interest groups, and the private sector, on a proposed 
Homeland Security Advisory System (``HSAS''). The HSAS would provide a 
comprehensive and effective means to disseminate information to 
Federal, State, and local authorities and to the American people 
regarding the risk of terrorist acts. Such a system would provide 
warnings in the form of a set of graduated ``Threat Conditions'' that 
change as the risk of the threat increases. The proposed system would 
establish five Threat Condition levels, each with a corresponding 
color, which is provided for clarity. They are, from lowest Threat 
Condition to highest: Low (Green); Guarded (Blue); Elevated (Yellow); 
High (Orange); and Severe (Red).
    At each Threat Condition level, Federal agencies will implement a 
corresponding set of protective measures to reduce vulnerability or to 
increase response capability should a terrorist attack occur. State, 
local, and private sector parties are encouraged to take appropriate 
action.

DATES: Comments may be submitted through April 25, 2002.

ADDRESSES: Written comments may be sent to: Director, Federal Bureau of 
Investigation, Homeland Security Advisory System, Room 7222, 935 
Pennsylvania Avenue, NW., Washington, DC 20535. Comments may also be 
submitted electronically to: [email protected]

FOR FURTHER INFORMATION CONTACT: John Collingwood, Federal Bureau of 
Investigation, Office of Public and Congressional Affairs at (202) 324-
3691.

SUPPLEMENTARY INFORMATION: On March 11, 2002, as part of a series of 
initiatives to improve coordination and communication among all levels 
of government and the American public in the fight against terrorism, 
President Bush signed Homeland Security Presidential Directive 3 (HSPD-
3), concerning the Homeland Security Advisory System.
    The Attorney General is responsible for developing, implementing, 
and managing the system. In conjunction with the development of this 
new system, the Attorney General, at the direction of the President, is 
opening a 45-day comment period in order to seek the views of officials 
at all levels of government, law enforcement and the American public.
    Ninety days after the conclusion of the comment period, the 
Attorney General, in coordination with the Director of the Office of 
Homeland Security, will present a final Homeland Security Advisory 
System to the President for approval.
    The Attorney General specifically seeks comments on the following 
system.

The Homeland Security Advisory System

    The purpose of the Homeland Security Advisory System is to provide 
a comprehensive and effective means to disseminate information 
regarding the risk of terrorist acts to Federal, State, and local 
authorities, and to the American people. The HSAS is intended to create 
a common vocabulary, context, and structure for an ongoing national 
discussion with Federal, State and local authorities, private sector 
industries, and the people of the United States about the nature of the 
threats that confront the homeland and the appropriate measures that 
should be taken in response. It seeks to inform and facilitate 
decisions appropriate to different levels of government and to private 
citizens at home and at work.
    The HSAS is binding on the executive branch. It is suggested, 
although voluntary, to other levels of government and the private 
sector.
    There are five Threat Conditions, each identified by a description 
and corresponding color. From lowest to highest, the levels and 
associated colors are: Low (Green); Guarded (Blue); Elevated (Yellow); 
High (Orange); and Severe (Red). At each Threat Condition level, 
Federal departments and agencies will be expected to implement a 
corresponding set of ``Protective Measures'' to further reduce 
vulnerability or increase response capability during a period of 
heightened alert. The Threat Condition levels and accompanying 
Protective Measures are further described below.
    The higher the Threat Condition, the greater the risk of a 
terrorist attack. Risk includes both the probability of an attack 
occurring and its potential gravity. Threat Conditions are to be 
assigned by the Attorney General, in consultation with the Assistant to 
the President for Homeland Security. Except in exigent circumstances, 
the Attorney General shall seek the views of the appropriate Homeland 
Security Principals or their subordinates, and other parties as 
appropriate, on the Threat Condition to be assigned. Threat Conditions 
may be assigned for the entire Nation, or they may be set for a 
particular geographic area or industrial sector. Assigned Threat 
Conditions shall be reviewed at regular intervals to determine whether 
adjustments are warranted.
    For facilities, personnel, and operations inside the territorial 
United States, all Federal departments, agencies, and offices other 
than military facilities shall conform their existing threat advisory 
systems to this system and henceforth administer their systems 
consistent with the determination of the Attorney General with regard 
to the Threat Condition in effect.
    The assignment of a Threat Condition shall prompt the 
implementation of an appropriate set of Protective Measures. Protective 
Measures are the specific steps an organization shall take to reduce 
its vulnerability or increase its ability to respond during a period of 
heightened alert. The authority to craft and implement Protective 
Measures rests with the Federal departments and agencies. It is 
recognized that departments and agencies may have several preplanned 
sets of responses to a particular Threat Condition to facilitate a 
rapid, appropriate, and tailored response. Department and agency heads 
are responsible for developing their own Protective Measures and other 
antiterrorism or self-protection and continuity plans, and resourcing, 
rehearsing, documenting, and maintaining these plans. Likewise, they 
retain the authority to respond, as necessary, to risks, threats, 
incidents, or events at facilities within the specific jurisdiction of 
their department or agency, and, as authorized by law, to direct 
agencies and industries to implement their own Protective Measures. 
They shall continue to be responsible for taking all appropriate 
proactive steps to reduce

[[Page 12048]]

the vulnerability of their personnel and facilities to terrorist 
attack. Federal department and agency heads shall submit an annual 
written report to the President, through the Assistant to the President 
for Homeland Security, describing the steps they have taken to develop 
and implement appropriate Protective Measures for each Threat 
Condition. Governors, mayors, and the leaders of other organizations 
are encouraged to conduct a similar review of their organization's 
Protective Measures.
    The decision whether to publicly announce Threat Conditions shall 
be made on a case-by-case basis by the Attorney General in consultation 
with the Assistant to the President for Homeland Security. Every effort 
shall be made to share as much information regarding the threat as 
possible, consistent with the safety of the Nation. The Attorney 
General shall ensure, consistent with the safety of the Nation, that 
State and local government officials and law enforcement authorities 
are provided the most relevant and timely information. The Attorney 
General shall be responsible for identifying any other information 
developed in the threat assessment process that would be useful to 
State and local officials and others and conveying it to them as 
permitted consistent with the constraints of classification. The 
Attorney General shall establish a process and a system for conveying 
relevant information to Federal, State, and local government officials 
and law enforcement authorities, and the private sector expeditiously.
    The Director of Central Intelligence and the Attorney General shall 
ensure that a continuous and timely flow of integrated threat 
assessments and reports is provided to the President, the Vice 
President, Assistant to the President and Chief of Staff, the Assistant 
to the President for Homeland Security, and the Assistant to the 
President for National Security Affairs. Whenever possible and 
practicable, these integrated threat assessments and reports shall be 
reviewed and commented upon by the wider interagency community.
    A decision on which Threat Condition to assign shall integrate a 
variety of considerations. This integration will rely on qualitative 
assessment, not quantitative calculation. Higher Threat Conditions 
indicate greater risk of a terrorist act, with risk including both 
probability and gravity. Despite best efforts, there can be no 
guarantee that, at any given Threat Condition, a terrorist attack will 
not occur. An initial and important factor is the quality of the threat 
information itself. The evaluation of this threat information shall 
include, but not be limited to, the following factors:
    1. To what degree is the threat information credible?
    2. To what degree is the threat information corroborated?
    3. To what degree is the threat specific and/or imminent?
    4. How grave are the potential consequences of the threat?

Threat Conditions and Associated Protective Measures

    The world has changed since September 11, 2001. We remain a Nation 
at risk to terrorist attacks and will remain at risk for the 
foreseeable future. At all Threat Conditions, we must remain vigilant, 
prepared, and ready to deter terrorist attacks. The following Threat 
Conditions each represent an increasing risk of terrorist attacks. 
Beneath each Threat Condition are some suggested Protective Measures, 
recognizing that the heads of Federal departments and agencies are 
responsible for developing and implementing appropriate agency-specific 
Protective Measures:
    1. Low Condition (Green). This condition is declared when there is 
a low risk of terrorist attacks. Federal departments and agencies 
should consider the following general measures in addition to the 
agency-specific Protective Measures they develop and implement:
    (a) Refining and exercising as appropriate preplanned Protective 
Measures;
    (b) Ensuring personnel receive proper training on the Homeland 
Security Advisory System and specific preplanned department or agency 
Protective Measures; and
    (c) Institutionalizing a process to assure that all facilities and 
regulated sectors are regularly assessed for vulnerabilities to 
terrorist attacks, and all reasonable measures are taken to mitigate 
these vulnerabilities.
    2. Guarded Condition (Blue). This condition is declared when there 
is a general risk of terrorist attacks. In addition to the Protective 
Measures taken in the previous Threat Condition, Federal departments 
and agencies should consider the following general measures in addition 
to the agency-specific Protective Measures that they will develop and 
implement:
    (a) Checking communications with designated emergency response or 
command locations;
    (b) Reviewing and updating emergency response procedures; and
    (c) Providing the public with any information that would strengthen 
its ability to act appropriately.
    3. Elevated Condition (Yellow). An Elevated Condition is declared 
when there is a significant risk of terrorist attacks. In addition to 
the Protective Measures taken in the previous Threat Conditions, 
Federal departments and agencies should consider the following general 
measures in addition to the Protective Measures that they will develop 
and implement:
    (a) Increasing surveillance of critical locations;
    (b) Coordinating emergency plans as appropriate with nearby 
jurisdictions;
    (c) Assessing whether the precise characteristics of the threat 
require the further refinement of preplanned Protective Measures; and
    (d) Implementing, as appropriate, contingency and emergency 
response plans.
    4. High Condition (Orange). A High Condition is declared when there 
is a high risk of terrorist attacks. In addition to the Protective 
Measures taken in the previous Threat Conditions, Federal departments 
and agencies should consider the following general measures in addition 
to the agency-specific Protective Measures that they will develop and 
implement:
    (a) Coordinating necessary security efforts with Federal, State, 
and local law enforcement agencies or any National Guard or other 
appropriate armed forces organizations;
    (b) Taking additional precautions at public events and possibly 
considering alternative venues or even cancellation;
    (c) Preparing to execute contingency procedures, such as moving to 
an alternate site or dispersing their workforce; and
    (d) Restricting threatened facility access to essential personnel 
only.
    5. Severe Condition (Red). A Severe Condition reflects a severe 
risk of terrorist attacks. Under most circumstances, the Protective 
Measures for a Severe Condition are not intended to be sustained for 
substantial periods of time. In addition to the Protective Measures in 
the previous Threat Conditions, Federal departments and agencies also 
should consider the following general measures in addition to the 
agency-specific Protective Measures that they will develop and 
implement:
    (a) Increasing or redirecting personnel to address critical 
emergency needs;
    (b) Assigning emergency response personnel and pre-positioning and
    (c) Mobilizing specially trained teams or resources;

[[Page 12049]]

    (d) Monitoring, redirecting, or constraining transportation 
systems; and
    (e) Closing public and government facilities.

    Dated: March 13, 2002.
Larry D. Thompson,
Acting Attorney General.
[FR Doc. 02-6565 Filed 2-15-02; 8:45 am]
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