Homeland Security Act
Encyclopedia
The Homeland Security Act (HSA) of 2002, , 116 Stat. 2135 was introduced in the aftermath of the September 11 attacks and subsequent mailings of anthrax spores. The HSA was cosponsored by 118 members of Congress. It was signed into law by President George W. Bush
in November 2002.
HSA created both the United States Department of Homeland Security
and the new cabinet-level position of Secretary of Homeland Security
. It is the largest federal government reorganization since the Department of Defense
was created via the National Security Act of 1947
(as amended in 1949). It also includes many of the organizations under which the powers of the USA PATRIOT Act
are exercised.
The new department assumed a large number of services, offices and other organizations previously conducted in other departments, such as the Customs Service
, Coast Guard
, and U.S. Secret Service
. It superseded, but did not replace, the Office of Homeland Security, which retained an advisory role. The Homeland Security Appropriations Act
of 2004 provided the new department its first funding. A major reason for the implementation of HSA is to ensure that the border function remains strong within the new Department.
The Act is similar to the Intelligence Reform and Terrorism Prevention Act
(IRTPA) in reorganizing and centralizing Federal security functions to meet post–Cold War threats and challenges. Like IRTPA, there are some inherent contradictions in the bill not solved by reorganization. These reflect compromises with other committees needed to secure passage, but the result is at times inconsistent or conflicting authorities. For example, the Act identifies the Department of Homeland Security's (DHS) first responsibility as preventing terrorist attacks in the United States; but, the law's language makes clear that investigation and prosecution of terrorism
remains with the FBI and assigns DHS only an analytical and advisory role in intelligence activities. Similarly, with Critical Infrastructure Protection
(CIP), which relates to the preparedness and response to serious incidents, the Act gave DHS broad responsibility to minimize damage but only limited authority to share information and to coordinate the development of private sector best practices.
is divided into 17 titles that establishes the Department of Homeland Security and other purposes. Each title is broken down into several sections, summarized below.
The United States Department of Homeland Security (DHS), formed November 25, 2002 through the Homeland Security Act, is a Cabinet department composed of several different divisions that work to protect the United States
from terrorists and natural disasters. It was created as a response to the terrorists attacks that occurred on September 11th, 2001. The Department of Homeland Security manages the Emergency Preparedness and Response Directorate. The directorate helps fulfill the Department's overarching goal: to keep America safe from terrorist attacks. The Department also works to enhance preparedness and response efforts and to integrate these efforts with prevention work. With the Homeland Security Act there are several provisions that identify the specific duties for the EP&R Directorate.
with their Emergency Response Plans so that the department can coordinate priorities regionally and nationally.
program called Operation TIPS
(Terrorism Information and Prevention System). This criticism is regarded to be from the fear that the rejection of TIPS may contain setbacks to civil liberties protections such as the right to privacy and obstructing public access to information.
According to activist Nancy Talanian, the established Homeland Security Act exacerbates three issues in the United States:
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
in November 2002.
HSA created both the United States Department of Homeland Security
United States Department of Homeland Security
The United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
and the new cabinet-level position of Secretary of Homeland Security
United States Secretary of Homeland Security
The United States Secretary of Homeland Security is the head of the United States Department of Homeland Security, the body concerned with protecting the American homeland and the safety of American citizens. The Secretary is a member of the President's Cabinet. The position was created by the...
. It is the largest federal government reorganization since the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
was created via the National Security Act of 1947
National Security Act of 1947
The National Security Act of 1947 was signed by United States President Harry S. Truman on July 26, 1947, and realigned and reorganized the U.S. Armed Forces, foreign policy, and Intelligence Community apparatus in the aftermath of World War II...
(as amended in 1949). It also includes many of the organizations under which the powers of the USA PATRIOT Act
USA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
are exercised.
Background
United States Customs Service
Until March 2003, the United States Customs Service was an agency of the U.S. federal government that collected import tariffs and performed other selected border security duties.Before it was rolled into form part of the U.S...
, Coast Guard
United States Coast Guard
The United States Coast Guard is a branch of the United States Armed Forces and one of the seven U.S. uniformed services. The Coast Guard is a maritime, military, multi-mission service unique among the military branches for having a maritime law enforcement mission and a federal regulatory agency...
, and U.S. Secret Service
United States Secret Service
The United States Secret Service is a United States federal law enforcement agency that is part of the United States Department of Homeland Security. The sworn members are divided among the Special Agents and the Uniformed Division. Until March 1, 2003, the Service was part of the United States...
. It superseded, but did not replace, the Office of Homeland Security, which retained an advisory role. The Homeland Security Appropriations Act
Homeland Security Appropriations Act
The Homeland Security Appropriations Act of 2004 was a United States Act of Congress that gave the authority for the President to fund the operations of the Department of Homeland Security for each fiscal year.-History:June 2003...
of 2004 provided the new department its first funding. A major reason for the implementation of HSA is to ensure that the border function remains strong within the new Department.
The Act is similar to the Intelligence Reform and Terrorism Prevention Act
Intelligence Reform and Terrorism Prevention Act
The Intelligence Reform and Terrorism Prevention Act of 2004 , , is a 236-page Act of Congress, signed by President George W. Bush, that broadly affects US federal terrorism laws. In juxtaposition with the single-subject rule, the act is composed of several separate titles with varying subject...
(IRTPA) in reorganizing and centralizing Federal security functions to meet post–Cold War threats and challenges. Like IRTPA, there are some inherent contradictions in the bill not solved by reorganization. These reflect compromises with other committees needed to secure passage, but the result is at times inconsistent or conflicting authorities. For example, the Act identifies the Department of Homeland Security's (DHS) first responsibility as preventing terrorist attacks in the United States; but, the law's language makes clear that investigation and prosecution of terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
remains with the FBI and assigns DHS only an analytical and advisory role in intelligence activities. Similarly, with Critical Infrastructure Protection
Critical Infrastructure Protection
Critical infrastructure protection is a concept that relates to the preparedness and response to serious incidents that involve the critical infrastructure of a region or nation....
(CIP), which relates to the preparedness and response to serious incidents, the Act gave DHS broad responsibility to minimize damage but only limited authority to share information and to coordinate the development of private sector best practices.
Establishments
The Homeland Security Act of 2002 is the foundation for many other establishments, including:- the Department of Homeland Security, which is headed by the Secretary of Homeland Security
- an established Directorate for Information Analysis and Infrastructure Protection within the Department of Homeland Security, which is headed by the Under Secretary for Information Analysis and Infrastructure Protection.
- the Critical Infrastructure Information Act of 2002
- the Cyber Security Enhancement Act of 2002
Titles
The Homeland Security Act of 2002 documented under Public LawPublic law
Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law...
is divided into 17 titles that establishes the Department of Homeland Security and other purposes. Each title is broken down into several sections, summarized below.
- 1. Department of Homeland Security
- Title I consists of three sections that establish the Department of Homeland Security, which carries out several missions that comply with the United States CodeUnited States CodeThe Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
.
- Title I consists of three sections that establish the Department of Homeland Security, which carries out several missions that comply with the United States Code
- 2. Information Analysis And Infrastructure Protection
- Title II consists of nineteen sections. It is headed by the Under Secretary and used to access, receive and analyze law enforcement information, intelligence information, and other information from federal, state, and local government agencies for further use towards the prevention of terrorist acts.
- 3. Science And Technology In Support of Homeland Security
- Title III consists of thirteen sections. It is described as a plan to develop national policyNational PolicyThe National Policy was a Canadian economic program introduced by John A. Macdonald's Conservative Party in 1876 and put into action in 1879. It called for high tariffs on imported manufactured items to protect the manufacturing industry...
and strategic plans to develop countermeasures for chemical, biological, radiological, nuclear and other emerging terrorist threats. It also establishes, conducts, and administers primary research and development.
- Title III consists of thirteen sections. It is described as a plan to develop national policy
- 4. Directorate Of Border And Transportation Security
- Title IV consists of forty-eight sections and regulates what comes in out of United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
territory in an effort to prevent terrorists and instruments of terrorism. This is done generally by securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the United States, including managing and coordinating governmental activities at ports of entry.
- Title IV consists of forty-eight sections and regulates what comes in out of United States
- 5. Emergency Preparedness and Response
- Title V consists of nine sections and it helps to ensure the response time and preparedness of providers for terrorist attacks, major disasters and other emergencies. In addition, it establishes standards, joint exercises and trainings and providing funds to the United States Department of EnergyUnited States Department of EnergyThe United States Department of Energy is a Cabinet-level department of the United States government concerned with the United States' policies regarding energy and safety in handling nuclear material...
and the Environmental Protection Agency.
- Title V consists of nine sections and it helps to ensure the response time and preparedness of providers for terrorist attacks, major disasters and other emergencies. In addition, it establishes standards, joint exercises and trainings and providing funds to the United States Department of Energy
- 6. Treatment of Charitable Trusts For Members Of The Armed Forces Of The United States And Other Governmental Organizations
- Title VI consists of one section which, through several requirements, designates the late CIA officer Johnny Michael Spann as a trust fund for distribution towards surviving spouses, children, or dependent parents, grandparents, or siblings of Government related service members.
- 7. Management
- Title VII consists of six sections which is headed by the Under Security to manage the budget, appropriations, expenditures of funds, accounting, and finance, human resources, information technologyInformation technologyInformation technology is the acquisition, processing, storage and dissemination of vocal, pictorial, textual and numerical information by a microelectronics-based combination of computing and telecommunications...
, and procurement of the Departments.
- Title VII consists of six sections which is headed by the Under Security to manage the budget, appropriations, expenditures of funds, accounting, and finance, human resources, information technology
- 8. Coordination With Non-Federal Entities; Inspector General; United States Secret Service; Coast Guard; General Provisions
- Title VIII consists of fifty-three sections that establishes an Office for State and Local Governments to oversee and coordinate Departmental programs for and relationships with State and local governments.
- 9. National Homeland Security Council
- Title IX consists of six sections which establishes a "Homeland Security CouncilHomeland Security CouncilThe Homeland Security Council is an entity within the White House Office tasked with advising the President on matters relating to Homeland Security...
" within the Executive Office of the President. This Council functions as an advisor to the President.
- Title IX consists of six sections which establishes a "Homeland Security Council
- 10. Information Security
- Title X consists of seven sections regarding the establishment of several divisions of Information SecurityInformation securityInformation security means protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, perusal, inspection, recording or destruction....
. This title and its subchapter provides tactics and mechanisms for protecting federal information and preserve information security. In addition, it also establishes set standards, responsibilities, authorities and functions, the various definitions in information security, and an annual independent evaluation.
- Title X consists of seven sections regarding the establishment of several divisions of Information Security
- 11. Department of Justice Divisions
- Title XI consists of sixteen sections which details the powers and duties of the Secretary, the Under Secretary, and the Attorney General.
- 12. Airline War Risk Insurance Legislation
- Title XII consists of four sections which details air carrier liability for Third Party claims arising out of acts of terrorism, extension of insurance policies, correction of reference, and reports.
- 13. Federal Workforce Improvement
- Title XIII consists of thirteen sections which in several chapters details and establishes Chief Human Capital Officers and it's council.
- 14. Arming Pilots Against Terrorism
- Title XIV consists of seven sections which contains the establishment of a program to deputize volunteer pilots of air carriers providing passenger air transportation or intrastate passenger air transportation as Federal law enforcement officers to defend the flight decks of aircraft of such air carriers against acts of criminal violence or air piracy.
- 15. Transition
- Title XV consists of ten sections establishing the 12-month period beginning on the effective date of this Act. It consists of the definitions, reorganization plan, plan elements, and modification of plans.
- 16. Corrections To Existing Law Relating To Airline Transportation Security
- Title XVI consists of three sections that establish retention of security sensitive information authority at the Department of TransportationUnited States Department of TransportationThe United States Department of Transportation is a federal Cabinet department of the United States government concerned with transportation. It was established by an act of Congress on October 15, 1966, and began operation on April 1, 1967...
, increase civil penalties, and allow United States citizens and United States nationals as screeners.
- Title XVI consists of three sections that establish retention of security sensitive information authority at the Department of Transportation
- 17. Conforming And Technical Amendments
- Title XVII consists of seven sections that amend or alter several acts and amendments of the United States such as the Inspector General Act of 1978 and Title 5 of the United States CodeUnited States CodeThe Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
- Title XVII consists of seven sections that amend or alter several acts and amendments of the United States such as the Inspector General Act of 1978 and Title 5 of the United States Code
Department of Homeland Security
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
from terrorists and natural disasters. It was created as a response to the terrorists attacks that occurred on September 11th, 2001. The Department of Homeland Security manages the Emergency Preparedness and Response Directorate. The directorate helps fulfill the Department's overarching goal: to keep America safe from terrorist attacks. The Department also works to enhance preparedness and response efforts and to integrate these efforts with prevention work. With the Homeland Security Act there are several provisions that identify the specific duties for the EP&R Directorate.
Provisions
The Homeland Security Act contains several provisions that identify specific duties for the EP&R Directorate. Title V and Title II outline the way the department ensures the following: that the use of intelligence and its own threat analysis of terrorist capabilities are intended to distribute funds to those areas where the terrorist threat is greatest; and that states provide the Federal GovernmentFederal government
The federal government is the common government of a federation. The structure of federal governments varies from institution to institution. Based on a broad definition of a basic federal political system, there are two or more levels of government that exist within an established territory and...
with their Emergency Response Plans so that the department can coordinate priorities regionally and nationally.
Establishments Under the Homeland Security Department
- Ready.gov which was conceived in March 2002 and launched in February 2003
- National Incident Management System which was established in March 2004
- National Response Plan (NRP) which was created in December 2004
- National Cyber Security DivisionNational Cyber Security DivisionThe National Cyber Security Division is a division of the Office of Cyber Security & Communications, within the United States Department of Homeland Security's Directorate for National Protection and Programs...
(NSCD) - E-VerifyE-VerifyE-Verify is an Internet-based, free program run by the United States government that compares information from an employee's Employment Eligibility Verification Form I-9 to data from U.S. government records. If the information matches, that employee is eligible to work in the United States...
Criticism
The Homeland Security Act has been criticized for forbidding the Citizen CorpsCitizen Corps
Citizen Corps is a United States national service program under the jurisdiction of the Department of Homeland Security that seeks to mobilize the population of the country against threats to national security as well as to assist in the recovery after a disaster or terrorist attack...
program called Operation TIPS
Operation TIPS
Operation TIPS, where the last part is an acronym for the Terrorism Information and Prevention System, was a domestic intelligence-gathering program designed by President George W. Bush to have United States citizens report suspicious activity...
(Terrorism Information and Prevention System). This criticism is regarded to be from the fear that the rejection of TIPS may contain setbacks to civil liberties protections such as the right to privacy and obstructing public access to information.
According to activist Nancy Talanian, the established Homeland Security Act exacerbates three issues in the United States:
- Reduced Privacy
- Increased Government Secrecy
- Strengthened government protection of special interests
Legislative Information
- SenateUnited States SenateThe United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
: - HouseUnited States House of RepresentativesThe United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
: HR. Rept. 107-609 - Law: ,
See also
- United States Department of Homeland SecurityUnited States Department of Homeland SecurityThe United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
- Homeland Security Grant ProgramHomeland Security Grant ProgramHomeland Security Grant Program is a program in the United States established in 2003 and was designated to incorporate all projects that provide funding to local, state, and Federal government agencies by the Department of Homeland Security...
- Homeland Security Advisory SystemHomeland Security Advisory SystemIn the United States, the Homeland Security Advisory System was a color-coded terrorism threat advisory scale. The different levels trigger specific actions by federal agencies and state and local governments, and they affect the level of security at some airports and other public facilities. It...
- National Security Act of 1947National Security Act of 1947The National Security Act of 1947 was signed by United States President Harry S. Truman on July 26, 1947, and realigned and reorganized the U.S. Armed Forces, foreign policy, and Intelligence Community apparatus in the aftermath of World War II...
- Intelligence Reform and Terrorism Prevention ActIntelligence Reform and Terrorism Prevention ActThe Intelligence Reform and Terrorism Prevention Act of 2004 , , is a 236-page Act of Congress, signed by President George W. Bush, that broadly affects US federal terrorism laws. In juxtaposition with the single-subject rule, the act is composed of several separate titles with varying subject...
- FEMA, established by the Homeland Security Department
- Presidential DirectivePresidential directivePresidential Directives, better known as Presidential Decision Directives or PDD are a form of an executive order issued by the President of the United States with the advice and consent of the National Security Council...
- Immigration Act of 1924Immigration Act of 1924The Immigration Act of 1924, or Johnson–Reed Act, including the National Origins Act, and Asian Exclusion Act , was a United States federal law that limited the annual number of immigrants who could be admitted from any country to 2% of the number of people from that country who were already...
- Homeland Security Appropriations ActHomeland Security Appropriations ActThe Homeland Security Appropriations Act of 2004 was a United States Act of Congress that gave the authority for the President to fund the operations of the Department of Homeland Security for each fiscal year.-History:June 2003...
- September 11th, 2001
- Terrorism in the United StatesTerrorism in the United StatesA common definition of terrorism is the systematic use or threatened use of violence to intimidate a population or government and thereby effect political, religious, or ideological change...
External links
- Text of the Homeland Security Act from the United States Department of Homeland SecurityUnited States Department of Homeland SecurityThe United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
website