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The Homeland Security Act (HSA) of 2002, () was introduced in the aftermath of the

September 11 attacks The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercia ...

and subsequent mailings of

anthrax Anthrax is an infection caused by the bacterium ''Bacillus anthracis''. It can occur in four forms: skin, lungs, intestinal, and injection. Symptom onset occurs between one day and more than two months after the infection is contracted. The sk ...

spores. The HSA was cosponsored by 118 members of Congress. The act passed the U.S. Senate by a vote of 90–9, with one Senator not voting.U.S. Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...

"> It was signed into law by President

George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...

in November 2002.CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by ...
"> HSA created the

United States Department of Homeland Security The United States Department of Homeland Security (DHS) is the Federal government of the United States, U.S. United States federal executive departments, federal executive department responsible for public security, roughly comparable to the I ...

and the new cabinet-level position of

Secretary of Homeland Security The United States secretary of homeland security is the head of the United States Department of Homeland Security, the federal department tasked with ensuring public safety in the United States. The secretary is a member of the Cabinet of the U ...

. It is the largest federal government reorganization since the

Department of Defense Department of Defence or Department of Defense may refer to: Current departments of defence * Department of Defence (Australia) * Department of National Defence (Canada) * Department of Defence (Ireland) * Department of National Defense (Philipp ...

was created via the

National Security Act of 1947 The National Security Act of 1947 ( Pub.L.br>80-253 61 Stat.br>495 enacted July 26, 1947) was a law enacting major restructuring of the United States government's military and intelligence agencies following World War II. The majority of the pro ...

(as amended in 1949). It also includes many of the organizations under which the powers of the

USA PATRIOT Act The USA PATRIOT Act (commonly known as the Patriot Act) was a landmark Act of Congress, Act of the United States Congress, signed into law by President of the United States, President George W. Bush. The formal name of the statute is the Uniti ...

are exercised.

Background

The new department assumed a large number of services, offices and other organizations previously conducted in other departments, such as the

Customs Service Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs ...

Coast Guard A coast guard or coastguard is a maritime security organization of a particular country. The term embraces wide range of responsibilities in different countries, from being a heavily armed military force with customs and security duties to ...

, and

U.S. Secret Service The United States Secret Service (USSS or Secret Service) is a federal law enforcement agency under the Department of Homeland Security charged with conducting criminal investigations and protecting U.S. political leaders, their families, and ...

. It superseded, but did not replace, the

Office of Homeland Security The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terr ...

, which retained an advisory role. The

Homeland Security Appropriations Act In the United States Congress, an appropriations bill is legislation to appropriate federal funds to specific federal government departments, agencies and programs. The money provides funding for operations, personnel, equipment and activitie ...

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 The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) is a 235-page Act of Congress, signed by President George W. Bush, that broadly affects United States federal terrorism laws. The act comprises several separate titles with var ...

(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, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...

remains with the

Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...

and assigns DHS only an analytical and advisory role in intelligence activities. Similarly, with

Critical Infrastructure Protection Critical infrastructure protection (CIP) is a concept that relates to the preparedness and response to serious incidents that involve the critical infrastructure of a region or nation. The American Presidential directive PDD-63 of May 1998 set up ...

(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 A best practice is a method or technique that has been generally accepted as superior to other known alternatives because it often produces results that are superior to those achieved by other means or because it has become a standard way of doing ...

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 Law Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct ...

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 Code In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...

. :2. Information Analysis And Infrastructure Protection ::Title II consists of two subtitles, including the Critical Infrastructure Information Act of 2002, and nineteen sections, including the Cyber Security Enhancement Act of 2002. 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 policy The National Policy was a Canadian economic program introduced by John A. Macdonald's Conservative Party in 1876. After Macdonald led the Conservatives to victory in the 1878 Canadian federal election, he began implementing his policy in 1879. Th ...

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. :4. Directorate Of Border And Transportation Security ::Title IV consists of forty-eight sections and regulates what comes in out of United States 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. :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 The following is a list of terrorist incidents that have not been carried out by a state or its forces (see state terrorism and state-sponsored terrorism). Assassinations are listed at List of assassinated people. Definitions of terrori ...

, major disasters and other emergencies. In addition, it establishes standards, joint exercises and trainings and providing funds to the

United States Department of Energy The United States Department of Energy (DOE) is an executive department of the U.S. federal government that oversees U.S. national energy policy and manages the research and development of nuclear power and nuclear weapons in the United Stat ...

and the

Environmental Protection Agency A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale f ...

. :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

Central Intelligence Agency The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...

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 Secretary to manage the budget, appropriations, expenditures of funds, accounting, and finance, human resources,

information technology Information technology (IT) is the use of computers to create, process, store, retrieve, and exchange all kinds of data . and information. IT forms part of information and communications technology (ICT). An information technology system (I ...

, and procurement of the Departments. :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 Council The Homeland Security Council (HSC) is an entity within the Executive Office of the President of the United States tasked with advising the President on matters relevant to Homeland Security. The current Homeland Security Advisor is Elizabeth S ...

" within the

Executive Office of the President The Executive Office of the President (EOP) comprises the offices and agencies that support the work of the president at the center of the executive branch of the United States federal government. The EOP consists of several offices and agenci ...

. This Council functions as an advisor to the President. :10. Information Security ::Title X consists of seven sections regarding the establishment of several divisions of

information security Information security, sometimes shortened to InfoSec, is the practice of protecting information by mitigating information risks. It is part of information risk management. It typically involves preventing or reducing the probability of unauthorize ...

. This title and its subchapter provide tactics and mechanisms for protecting federal information and preserve information security. It also establishes set standards, responsibilities, authorities and functions, the various definitions in information security, and an annual independent evaluation. :11. Department of Justice Divisions ::Title XI consists of sixteen sections which detail 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 detail 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 its 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 Transportation, increase civil penalties, and allow United States citizens and United States nationals as screeners. :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 The Inspector General Act of 1978 is a United States federal law () defining a standard set of Inspector General offices across several specified departments of the U.S. federal government. The Act specifically creates Inspector General positi ...

and Title 5 of the

Department of Homeland Security

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 domestic and foreign terrorism. It was created as a response to the

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 The National Incident Management System (NIMS) is a standardized approach to incident management developed by the United States Department of Homeland Security. The program was established in March 2004, in response to Homeland Security Presidentia ...

which was established in March 2004 *

National Response Plan The National Response Plan (NRP) was a United States national plan to respond to emergencies such as natural disasters or terrorist attacks. It came into effect in December 2004, and was superseded by the National Response Framework on March 22, 20 ...

(NRP) which was created in December 2004 *

National Cyber Security Division The National Cyber Security Division (NCSD) is a division of the Office of Cyber Security & Communications, within the United States Department of Homeland Security's Cybersecurity and Infrastructure Security Agency. Formed from the Critical Inf ...

(NCSD) *

E-Verify E-Verify is a United States Department of Homeland Security (DHS) website that allows businesses to determine the eligibility of their employees, both U.S. and foreign citizens, to work in the United States. No federal law mandates use of E-Verif ...

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 Interoperability is a characteristic of a product or system to work with other products or systems. While the term was initially defined for information technology or systems engineering services to allow for information exchange, a broader defi ...

communications among DHS components. The bill was written in reaction to
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 The United States secretary of homeland security is the head of the United States Department of Homeland Security, the federal department tasked with ensuring public safety in the United States. The secretary is a member of the Cabinet of the U ...

(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 Information technology (IT) is the use of computers to create, process, store, retrieve, and exchange all kinds of data . and information. IT forms part of information and communications technology (ICT). An information technology system (I ...

(IT) systems of federal civilian agencies and critical infrastructure in the United States. The bill passed in the

United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...

on July 28, 2014.

Legislative information

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

: *

House A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air condi ...

: HR. Rept. 107-609 *Law: ,

References

External links

Homeland Security Act of 2002PDFdetails
as amended in the

GPO GPO may refer to: Government and politics * General Post Office, Dublin * General Post Office, in Britain * Social Security Government Pension Offset, a provision reducing benefits * Government Pharmaceutical Organization, a Thai state enterpris ...

br>Statute Compilations collection

Homeland Security Act of 2002
as enacted in the US Statutes at Large {{authority control United States Department of Homeland Security Acts of the 107th United States Congress