Homeland Security Act of 2002 as amended through P.L. 112–265, enacted 14 January 2013]

In the Homeland Security Act of 2002, Congress established a new department within the Executive Branch – the Department of Homeland Security (DHS) - and mandated its roles, functions and authorities. Although most of the 22 agencies brought under the DHS were previously resident in other departments, Congressional intent was clear: Collective orchestration of the roles, functions and activities of each needed to be under the control and authority of a single cabinet-level secretary.

Many critics posit that the DHS is too large to be efficiently orchestrated by a single secretary. Why this conclusion is different from the Department of Defense (DoD) is anyone's guess; the DoD is certainly much larger. You will form your own opinion as this course proceeds.

The HSA 2002 as amended by the Implementing Recommendations of the 9/11 Commission Act of 2007 establishes the DHS as an executive department of the US, headed by a Secretary of Homeland Security (SECHS) appointed by the POTUS, by and with the advice and consent of the Senate, to:

1. "Prevent terrorist attacks within the United States;" (terrorism-related function)
2. "Reduce the vulnerability of the United States to terrorism;" (terrorism-related function)
3. "Minimize the damage, and assist in the recovery, from terrorist attacks that occur within the United States;" (terrorism-related function)
4. "Carry out all functions of entities transferred to DHS;" (synchronization-related function)
5. "Ensure that the functions of the agencies and subdivisions within DHS that are not related directly to securing the homeland are not diminished or neglected except by a specific Act of Congress;" (sustainment of previously-directed functions)
6. "Ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland;"
7. "Monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking." (terrorism-related function)

The act vests primary responsibility for investigating and prosecuting acts of terrorism in federal, state, and local law enforcement agencies with proper jurisdiction except as specifically provided by law with respect to entities transferred to DHS under this act.

Summary

In future lessons and beyond your formal education at Penn State University's World Campus, you will likely return to this act for additional guidance and insight. Do yourself a favor now and save time later; develop a Summary – either on your computer Desktop or in a separate written document – that highlights the main points as you did in the USA PATRIOT Act of 2001.

Intelligence & Analysis

The act directed the structure, roles and functions of the Intelligence & Analysis mechanism to be used by the newly-formed DHS. Study this section and be capable of articulating, in general terms, the primary focus and process partners.

Identification and Protection of Critical Infrastructures

Initially codified in the USA PATRIOT Act of 2001 as the Critical Infrastructures Protection Act of 2001, this act incorporated Congressional intent and directed the establishment of the Office of Infrastructure Protection. Study this section and be capable of articulating the structure, roles and functions. In addition, identify any mandated requirements for the states, tribal entities and territories regarding critical infrastructure protection activities.

Funding for Homeland Security-related Activities

The Implementing Recommendations of the 9/11 Commission Act of 2007 amended this act to establish the Homeland Security Grant Program and its three sub-grant programs for funding Homeland Security-related activities and initiatives. The main sub-grant programs supporting DHS activities and initiatives on which we'll focus are the:

1. State Homeland Security Grant Program (SHSGP)
2. Urban Area Security Initiative (UASI)

Study the appropriate sections and be capable of articulating the general guidelines for funding these activities.