The Homeland Security Act of 2002 and the Department of Homeland Security
Benjamin K. Hickman Embry-Riddle Aeronautical University

ABSTRACT This paper explores The Homeland Security Act of 2002 and its effect on the security landscape of the United States of America. The Homeland Security Act of 2002 created a new cabinet level department within the executive branch that would be called The Department of Homeland Security (DHS). Since its inception, the Department of Homeland Security has absorbed numerous agencies that had previously fallen under other departments for their importance in performing national security functions. Some of the agencies absorbed by DHS perform minor peripheral national security functions. Others, however, are very well-known agencies that stand on the front lines of American national security, like the United States Coast Guard (USCG), the Secret Service, and the Transportation Security Administration (TSA). In this paper, we will examine some of these departments and discuss their roles in national security. Additionally, we will analyze the DHS in the context of successful and unsuccessful national security operations since the Homeland Security Act of 2002 was passed.

The Homeland Security Act of 2002 and the Department of Homeland Security Following the terrorist attacks of September 11, 2001, the US Congress determined the need for a new department within the U.S. government. This department would be responsible for overseeing the protection of American soil, or the American homeland, with a specific emphasis on preventing future terrorist attacks. Senator Joe Lieberman, a democrat from Connecticut and Senator Arlen Specter, a Pennsylvania Republican, presented legislation one month after the terrorist attacks of September 11th with just that purpose in mind (Wallechensky, 2015). Despite initial resistance from the administration of President George W. Bush, the legislation was passed in June of 2002 (Wallechensky, 2015). The Homeland Security Act of 2002 created the Department of Homeland Security. The DHS would be charged with the responsibility to coordinate such activities as collecting and analyzing national security intelligence, securing the United Sates’ borders, emergency preparedness and response, and chemical threat detection (Lawrence, 2015). Overall the DHS was being created to reduce the nation’s susceptibility to terrorism and mange the impacts of acts of any future terror attacks within the United States (Lawrence, 2015).
Agencies within the DHS When the Department of Homeland Security was established, it was given a scope of responsibilities that included many duties which had previously fallen under one of several other departments. The Homeland Security Act of 2002 cast a remarkably wide net in assigning powers under the DHS. In consolidating so much responsibility under one department, President Bush had signed in to existence what would grow to become the largest federal department in existence (Hamilton, 2011). In total, the DHS absorbed 24 federal agencies under its umbrella. Included in the 24 were such high profile organizations as the Secret Service (protects the president and other members of the government), The US Coast Guard (patrolling the nation’s waters for nefarious activities), the newly created Transportation Safety Administration (securing the nation’s airports and improving safety in air travel), the US Customs service (controlling what is brought into the United Sates from beyond our borders), and the Federal Emergency Management Agency (coordinating response to disasters, natural or otherwise). These agencies seem to be obvious choices considering the function of DHS. Of course, among the 24 there are also smaller agencies assigned conducting less prominent duties. For instance, the Animal and Plant Health Inspection Service and the Plum Island Animal Disease Center were assigned to the Department, both formerly of the Department of Agriculture, were lumped in with the national security bill. These agencies are less likely candidates, but perform at least some function deemed important enough by the US congress to be included in the Homeland Security Act. Evidently, national security and prevention of terrorism in the US can be approached from many different angles, and after the tragedy suffered on September 11, 2001, the United States has meant to cover all of its bases in order to prevent future attacks.
Homeland Security Successes Since the DHS was created, there have been several documented victories the department could claim. While the Department of Homeland Security may not be directly responsible for every terrorist attack that is foiled, the DHS does, in fact, contribute significantly. A study conducted for The Heritage Foundation by Carafano, J, McNiel, J., and Zuckerman, J., (2010) discovered that between the September 11, 2001 attacks and 2010 at least 30 attempted attacks in the U.S. had been thwarted by various agencies within the U.S. Government. At the time, all but two of those attacks were discovered and suppressed by actual law enforcement agencies (notable exceptions are the “shoe bomber”, restrained by flight attendants in 2001, and the “underwear bomber” who was restrained by airline passengers on Christmas day, 2009.)(Carafano, et al., 2010). One of the main things the Department of Homeland Security has contributed to boost the United States success rate for preventing attacks is improve the intelligence sharing aspect of law enforcement. As I stated earlier, intelligence gathering and analysis is a cornerstone of the work that is being done by the DHS. DHS shares and coordinates their intelligence between agencies that fall under DHS, i.e., between The U.S. Customs and Border Patrol and the U.S. Coast Guard, as well as contributing to other governmental agencies. Law enforcement bodies such as the Federal Bureau of Investigation and the Central Intelligence Agency have the ability to receive supplemental intelligence from DHS to assist in cases and vice versa. For example, U.S. Customs and Border Patrol agents routinely use biometric screening at entry points to the country to screen for potential wanted criminals. This is done by attaining fingerprints or other biometric information from people crossing the border and running those biometrics against the FBI database. This intelligence sharing coordinated and supported by DHS results in the arrest of hundreds of wanted criminals per year. In all, the system that is in place now, thanks to the creation of the DHS is generally working well to stop terrorism domestically.
Homeland Security Failures Homeland Security, like any other government agency, does not hold a perfect record in matters of safety and prevention. It is painfully apparent that the United States is under attack by all manner of terrorists all the time. Such cases as the Major Nadal Hassan attack at Fort Hood, Texas, and the Boston Marathon bombing painfully illustrate that despite a good record of protecting America, it’s nearly impossible to prevent everthing. Unfortunately, that just isn’t reality. Additionally, from the beginning there have been scandals and allegations of corruption at all levels within the DHS. Sadly, it’s almost expected by the citizens of the United States that the DHS will be constantly bogged down by the bloated bureaucracy deemed necessary to run the government’s largest federal department. Mimi Hall (2004), in a USA today article discussed the corruption that started within the department almost immediately. As early as 2003(keeping in mind that the department was only created in 2002), there had already been Federal Air Marshalls caught sleeping on the job, Air Marshalls testing positive for drugs and alcohol on duty, investigators succeeding with a high rate of success getting banned items past TSA, and even an incident where over half a million dollars was spent on a banquet for TSA employees (Hall, 2004). The TSA is widely disliked for their tactics, which are considered to be sometimes excessive and unnecessary. For all the success the DHS has had since its creation, it has had a similar figure worth of problems.
Conclusion
The Homeland Security Act of 2002 was a necessary reaction by a congress concerned with the safety of her country. The subsequent consolidation of agencies under the DHS was the most significant restructuring of the U.S. federal government since President Truman realigned the branches of the United States Armed Forces into the Department of Defense (Hamilton, 2011). In both of these realignments, the purpose was to streamline the flow of information and cooperation between partner organizations. The Homeland Security Act achieved that goal with the creation of DHS and despite the standard big-government corruption and internal abuses of the system, the United States is a safer place to live because of it.