Cecily Zamora
The Department of Homeland Security (DHS) was established in 2002 by the Homeland Security Act, passed by Congress and signed by the President. The DHS is a stand-alone, Cabinet-level department that combines 22 different federal agencies and departments. It has a broad range of responsibilities, including aviation and border security, emergency response, cybersecurity, and chemical facility inspection. The DHS is responsible for implementing and enforcing various laws and regulations related to national security, emergency management, immigration, maritime law, and transportation security. While the DHS does not create laws itself, it plays a crucial role in interpreting and executing them to ensure the safety and security of the nation.
| Characteristics | Values |
|---|---|
| Creation | The Department of Homeland Security was established in 2002 by the Homeland Security Act of 2002, passed by Congress and signed by the President. |
| Mission | To secure the nation from various threats, including aviation and border security, emergency response, cybersecurity, and chemical facility inspection. |
| Employees | Over 260,000 employees with diverse roles, including aviation and border security personnel, emergency responders, cybersecurity analysts, and chemical facility inspectors. |
| Laws and Regulations | DHS operates within a framework of laws passed by Congress and signed by the President. It also issues regulations to implement the intent of enacted legislation. |
| Key Laws | Key laws include the Aviation and Transportation Security Act, the Post-Katrina Emergency Management Reform Act, the SAFE Port Act, the Coast Guard Authorization Act, and the Cybersecurity and Infrastructure Security Agency Act. |
| Controversies | The DHS has faced controversies, including lawsuits over surveillance and employee conduct, investigations into white supremacy and extremism within its ranks, and disputes over immigration policies. |
| Spending and Budget | DHS has experienced uncertainty regarding long-term spending plans, impacting its ability to pursue major projects. Its fiscal year 2018 net discretionary budget was $47.716 billion. |
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What You'll Learn
The Homeland Security Act of 2002
The Department of Homeland Security is headed by the Secretary of Homeland Security, a new cabinet-level position created by the HSA. The Act also established a Directorate for Information Analysis and Infrastructure Protection within the Department, which is headed by the Under Secretary for Information Analysis and Infrastructure Protection.
The Homeland Security Act brought together 22 diverse organizations to help prevent terrorist attacks in the United States, reduce the country's vulnerability to such attacks, and minimize damage and assist in recovery from attacks that do occur. To accomplish this mission, the Act established specific homeland security responsibilities for the department, including sharing information among its own entities and with other federal agencies, state and local governments, the private sector, and others.
The Homeland Security Act is divided into 17 titles, each with several sections that establish the Department of Homeland Security and outline its various missions and responsibilities. For example, Title II includes the Critical Infrastructure Information Act of 2002 and the Cyber Security Enhancement Act of 2002, which are used to access, receive and analyze information from various government agencies to prevent terrorist acts. Title V and Title II outline how the department uses intelligence and its own threat analysis of terrorist capabilities to distribute funds to areas where the terrorist threat is greatest.
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Immigration and Nationality Act
The Immigration and Nationality Act (INA) was enacted in 1952 and has been amended several times since. The INA is a comprehensive piece of legislation that reorganised the structure of US immigration law. It is contained in Title 8 of the United States Code (U.S.C.), which covers "Alians and Nationality".
The 1952 Act upheld the controversial national origins quota system established by the Immigration Act of 1924. This system was based on nationality, with quotas allocated at a rate of one-sixth of one percent of each nationality's population in the United States as of 1920. This resulted in 85% of the available visas going to individuals from Northern and Western Europe. The INA continued to exclude countries in the Western Hemisphere from the quota system but introduced new length-of-residency requirements for quota-free entry.
The INA also ended the exclusion of Asians from immigrating to the US, marking a symbolic step towards improving the situation. However, it introduced quotas for Asian nations, which were seen as discriminatory and racially constructed. It also created a preference system based on skill sets and family reunification.
In addition to immigration provisions, the INA also addresses the removal of aliens, grants of asylum, and the investigation of human trafficking. It gave non-quota status to the alien husbands of American citizens and established a labour certification system to protect American jobs. Overall, the INA has played a significant role in shaping US immigration policy and continues to be a key piece of legislation in this area.
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Maritime Transportation Security Act of 2002
The Maritime Transportation Security Act of 2002 (MTSA) was passed by Congress to improve the security of the nation's seaports, waterways, and maritime industry. It is an amendment to the Merchant Marine Act and provides a safety program with regulations and procedures to identify and deter potential threats.
The MTSA focuses on sectors with a higher risk of involvement in transportation security incidents, including tank vessels, barges, large passenger vessels, cargo vessels, towing vessels, offshore oil and gas platforms, and port facilities handling dangerous cargo. The Act requires the establishment of Area Maritime Security Committees in all ports to coordinate the activities of various stakeholders, including federal, local, and state agencies, the industry, and the boating public. These committees collaborate on plans to secure their ports, aiming to optimize resources for deterring, preventing, and responding to terror threats.
Additionally, the MTSA mandates that all crew members must have proper identification, envisioning an international crew identification regime. It also introduces Automatic Identification Systems (AIS), requiring vessels operating in US waters to be equipped with AIS by specific deadlines. The US Coast Guard plays a crucial role in enforcing the provisions of the Act, conducting vulnerability assessments, and issuing a yearly Report of Foreign Flag Vessels to target vessels for inspection using the Boarding Priority Matrix.
The MTSA provides procedures for implementing measures such as access control, security monitoring, and physical, passenger, personnel, baggage, and cargo security. It also addresses the need for security cards, with the Council advocating for uniform international seafarer credentialing standards. The Act aims to strengthen port security and protect maritime workers through various security measures and procedures.
The effectiveness of the MTSA has been acknowledged, with improvements noted in port and waterway security. However, there have also been concerns regarding the lack of sufficient Transportation Worker Identification Credential (TWIC) deployment regulations and uniform tracking technology requirements on vessels.
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Aviation and Transportation Security Act
The Aviation and Transportation Security Act (ATSA), enacted on November 19, 2001, by the 107th United States Congress, was a direct response to the September 11, 2001 attacks. The Act's primary purpose was to establish the Transportation Security Administration (TSA) within the Department of Transportation (DOT).
The TSA, led by an Under Secretary of Transportation for Security, is responsible for security across all modes of transportation, including civil aviation security, research and development, and day-to-day federal security screening operations for passenger and intrastate air transportation. The Under Secretary is also tasked with developing strategies and plans to address transportation security threats and managing security information.
To ensure effective coordination and oversight, the Act establishes the Transportation Security Oversight Board within the DOT. This board reviews and approves regulations issued by the Under Secretary regarding transportation security. Additionally, each U.S. airport now has a Federal Security Manager who oversees passenger and property screening.
The Act also includes provisions for aviation security funding, imposing a uniform fee on passengers of air carriers to cover the costs of providing civil aviation security services.
While the ATSA initially created the TSA within the DOT, the passage of the Homeland Security Act in 2002 led to the TSA's transfer to the newly established Department of Homeland Security.
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Cybersecurity and Infrastructure Security Agency Act of 2018
The Cybersecurity and Infrastructure Security Agency Act of 2018 (HR 3359, Pub. L. 115-278) was signed into law by President Donald Trump on November 16, 2018. The Act established the Cybersecurity and Infrastructure Security Agency (CISA) under the Department of Homeland Security (DHS).
The Act was first introduced to the United States House of Representatives by Michael McCaul (R-TX-10) on July 24, 2017. It received committee consideration from several House committees, including Homeland Security, Energy and Commerce, Oversight and Government Return, and Transportation and Infrastructure. The bill passed the House on December 11, 2017, via a vocal vote and later passed the Senate on October 3, 2018, by unanimous consent.
The creation of CISA through this Act demonstrates the recognition of the critical nature of cybersecurity and infrastructure protection in the modern world. CISA's establishment under DHS underscores the importance of integrating cybersecurity efforts with broader homeland security initiatives.
The legislative process for this Act adheres to the standard procedure for laws created in the United States. Laws are passed by Congress and signed by the President. In this case, the bill was introduced in the House, considered by various committees, passed by both chambers of Congress, and ultimately signed into law by President Trump.
The DHS, as part of the executive branch, is responsible for implementing and enforcing the laws passed by Congress. While DHS does not create laws itself, it plays a crucial role in carrying out the intent of enacted legislation through regulatory actions and rulemaking processes. These processes are guided by principles that protect civil rights and liberties, build coalitions, foster innovation, and ensure accountability to the American public.
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Frequently asked questions
The Department of Homeland Security (DHS) is a federal department within the US government. It was established in 2002 by the Homeland Security Act and is responsible for securing the US from various threats, including those related to aviation, border security, and cybersecurity.
Some key laws related to the DHS include:
- The Homeland Security Act of 2002, which established the department.
- The Intelligence Reform and Terrorism Prevention Act of 2004, which addresses transportation security, border surveillance, and alien detention, among other issues.
- The Aviation and Transportation Security Act, which established the Transportation Security Administration (TSA).
- The Cybersecurity and Infrastructure Security Agency Act of 2018, which elevated the mission of the former DHS National Protection and Programs Directorate and established the Cybersecurity and Infrastructure Security Agency.
In the United States, laws are passed by Congress and signed by the President. Regulations are then issued to carry out the intent of the enacted legislation.
