Homeland Security Act of 2002

Background

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 It superseded, but did not replace, the Office of Homeland Security, which retained an advisory role.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 Federal Bureau of Investigation 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.

Establishments

The Homeland Security Act of 2002 is the foundation for many other establishments, including:

1. the Department of Homeland Security, which is headed by the Secretary of Homeland Security
2. 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.
3. the Critical Infrastructure Information Act of 2002
4. the Cyber Security Enhancement Act of 2002

Titles

The Homeland Security Act of 2002 documented under 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

:2. Information Analysis And Infrastructure Protection

:3. Science And Technology In Support of Homeland Security

:4. Directorate Of Border And Transportation Security

:5. Emergency Preparedness and Response

:6. Treatment of Charitable Trusts For Members Of The Armed Forces Of The United States And Other Governmental Organizations

:7. Management

:8. Coordination With Non-Federal Entities; Inspector General; United States Secret Service; Coast Guard; General Provisions

:9. National Homeland Security Council

:10. Information Security

:11. Department of Justice Divisions

:12. Airline War Risk Insurance Legislation

:13. Federal Workforce Improvement

:14. Arming Pilots Against Terrorism

:15. Transition

:16. Corrections To Existing Law Relating To Airline Transportation Security

:17. Conforming And Technical Amendments

Department of Homeland Security

Main article: United States Department of Homeland Security

The United States Department of Homeland Security (DHS), formed on 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 domestic and foreign terrorism. It was created as a response to the September 11 attacks in 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 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 Government 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 Division (NCSD)
• E-Verify

Amendments

Proposed

• Department of Homeland Security Interoperable Communications Act (H.R. 4289; 113th Congress) - a bill that would amend the Homeland Security Act of 2002 to make the Under Secretary for Management of the Department of Homeland Security (DHS) responsible for policies and directives to achieve and maintain interoperable communications among DHS components. The bill was written in reaction to a 2012 report by the DHS Inspector General that indicated DHS "lacks an effective governance structure to ensure interoperable communications across divisions.
• National Cybersecurity and Critical Infrastructure Protection Act of 2013 (H.R. 3696; 113th Congress) – a bill that would amend the Homeland Security Act of 2002 to require the Secretary of the Department of Homeland Security (DHS) to conduct cybersecurity activities on behalf of the federal government and would codify the role of DHS in preventing and responding to cybersecurity incidents involving the Information Technology (IT) systems of federal civilian agencies and critical infrastructure in the United States. The bill passed in the United States House of Representatives on July 28, 2014.

Legislative information

• Senate:
• House: HR. Rept. 107-609
• Law: ,

References

References

1. "Legislative Updates – Homeland Security Act of 2002". Office of Legislative Policy And Analysis.
2. "Bill Summary & Status". (THOMAS) Library of Congress.
3. "Roll Call Vote 107th Congress - 2nd Session". senate.gov.
4. "Homeland Security Act". rationalevolution.net.
5. "Bush signs Homeland Security bill". [[CNN]].
6. "Homeland Security Act of 2002". Policy Almanac.
7. "The Homeland Security Act of 2002 -- A Summary". Martindale.com.
8. "PUBLIC LAW 107–296—NOV. 25, 2002". Department of Homeland Security.
9. "Hearing On Response To Terrorism: How Is The Department Of Homeland Security Improving Our Capabilities?". U.S. House of Representatives Committee.
10. "Homeland Security Act of 2002".
11. (July 9, 2014). "H.R. 4289 - Summary". United States Congress.
12. (9 July 2014). "House passes bills tackling DHS communications during disasters". Federal News Radio.
13. "CBO - H.R. 3696". Congressional Budget Office.
14. "H.R. 3696 - All Actions". United States Congress.