Brief Documentary History of the Department of Homeland Security 2001 – 2008 History Office AILA InfoNet Doc. No. 11110765. (Posted 11/07/11) Table of Contents Introductory Note............................................................................................................................ 2 Homeland Security Before September 11....................................................................................... 3 The Office of Homeland Security................................................................................................... 4 Creating the Department of Homeland Security............................................................................. 5 The Department of Homeland Security, 2004-present ................................................................. 14 AILA InfoNet Doc. No. 11110765. (Posted 11/07/11) Brief Documentary History of the Department of Homeland Security: 2001-2008 2 Introductory Note This compilation tells the story of the creation and the organizational history of the first five years of the Department of Homeland Security through its founding documents. These documents include legislation, executive orders, commission reports and recommendations, reorganization plans, presidential directives, speeches, and organization charts. Access to most of the documents is through links. Organization charts and select documents are included in the actual text. AILA InfoNet Doc. No. 11110765. (Posted 11/07/11) Brief Documentary History of the Department of Homeland Security: 2001-2008 3 Homeland Security Before September 11 Before the establishment of the Department of Homeland Security, homeland security activities were spread across more than 40 federal agencies and an estimated 2,000 separate Congressional appropriations accounts. In February 2001, the U.S. Commission on National Security/21st Century (Hart-Rudman Commission) issued its Phase III Report, recommending significant and comprehensive institutional and procedural changes throughout the executive and legislative branches in order to meet future national security challenges. Among these recommendations was the creation of a new National Homeland Security Agency to consolidate and refine the missions of the different departments and agencies that had a role in U.S. homeland security. U.S. Commission on National Security / 21st Century Hart-Rudman Commission, 1998- 2001 In March 2001, Representative Mac Thornberry (R-TX) proposed a bill to create a National Homeland Security Agency, following the recommendations of the U.S. Commission on National Security/21st Century (Hart-Rudman Commission). The bill combined FEMA, Customs, the Border Patrol, and several infrastructure offices into one agency responsible for homeland security-related activities. Hearings were held, but Congress took no further action on the bill. H.R. 1158, National Homeland Security Agency Act, introduced by Representative Mac Thornberry (R-TX), March 21, 2001 AILA InfoNet Doc. No. 11110765. (Posted 11/07/11) Brief Documentary History of the Department of Homeland Security: 2001-2008 4 The Office of Homeland Security Eleven days after the September 11, 2001, terrorist attacks, President George W. Bush announced that he would create an Office of Homeland Security in the White House and appoint Pennsylvania Governor Tom Ridge as the director. The office would oversee and coordinate a comprehensive national strategy to safeguard the country against terrorism, and respond to any future attacks. President George W. Bush’s Address to a Joint Session of Congress and the American People, September 20, 2001 Executive Order 13228, issued on October 8, 2001, established two entities within the White House to determine homeland security policy: the Office of Homeland Security (OHS) within the Executive Office of the President, tasked to develop and implement a national strategy to coordinate federal, state, and local counter-terrorism efforts to secure the country from and respond to terrorist threats or attacks, and the Homeland Security Council (HSC), composed of Cabinet members responsible for homeland security-related activities, was to advise the President on homeland security matters, mirroring the role the National Security Council (NSC) plays in national security. Executive Order 13228: Establishing the Office of Homeland Security and the Homeland Security Council, October 8, 2001 The first Homeland Security Presidential Directive (HSPD-1) further delineated the organization and mission of the Homeland Security Council. Future HSPDs recorded and communicated presidential policy with regard to homeland security. Homeland Security President Directive 1: Organization and Operation of the Homeland Security Council, October 29, 2001. On March 21, 2002, President Bush issued Executive Order 13260, establishing the President’s Homeland Security Advisory Council (PHSAC). Members of the PHSAC served as advisors to the president on homeland security matters and represented the private sector, academia, professional service associations, federally funded research and development centers, nongovernmental organizations, state and local governments, and other related professions and communities. The PHSAC held its first meeting on June 12, 2002. EO 13260 requires the PHSAC to renew its charter every two years. After the creation of DHS, the Council rechartered itself as the Homeland Security Advisory Council (HSAC) and became an advisory committee to the Secretary of Homeland Security. The Secretary’s HSAC held its first meeting on June 30, 2003. Executive Order 13260, Establishing the President’s Homeland Security Advisory Council and Senior Advisory Committee for Homeland Security, March 21, 2002 AILA InfoNet Doc. No. 11110765. (Posted 11/07/11) Brief Documentary History of the Department of Homeland Security: 2001-2008 5 Creating the Department of Homeland Security One month after the September 11 attacks, Senator Joseph Lieberman (D-CT) introduced S. 1534, a bill to establish a Department of National Homeland Security, co-sponsored by Senator Arlen Specter (R-PA). Following the recommendations of the Hart-Rudman Commission, the bill intended to unite the Federal Emergency Management Agency, the Customs Service, the Border Patrol, the Coast Guard, and agencies responsible for critical infrastructure protection in a Cabinet-level department. The language was similar to H.R 1158 introduced in the House by Mac Thornberry (R-TX) on March 21, 2001. Although hearings were held on the Lieberman bill, there was no further action taken. S. 1534, A bill to establish the Department of National Homeland Security, introduced by Sen. Joseph Lieberman, October 11, 2001. In February 2002, President George W. Bush released the FY2003 Budget, the federal government’s first post-September 11 budget. The proposed FY 2003 Budget directed $37.7 billion (up from $19.5 billion in 2002) to homeland security efforts, including support for first responders, bioterrorism prevention efforts, border security, and technology, reflecting an increased focus on homeland security. Securing the Homeland, Strengthening the Nation, February 2002 On June 6, 2002, President Bush addressed the nation and proposed the creation of a permanent Cabinet-level Department of Homeland Security to unite essential agencies charged with protecting the homeland. He outlined four essential missions that corresponded to the four proposed divisions in the department: • Border and Transportation Security - Control the borders and prevent terrorists and explosives from entering the country. • Emergency Preparedness and Response - Work with state and local authorities to respond quickly and effectively to emergencies. • Chemical, Biological, Radiological, and Nuclear Countermeasures - Bring together the country’s best scientists to develop technologies that detect biological, chemical, and nuclear weapons to best protect citizens. • Information Analysis and Infrastructure Protection - Review intelligence and law enforcement information from all agencies of government, and produce a single daily picture of threats against the homeland. AILA InfoNet Doc. No. 11110765. (Posted 11/07/11) Brief Documentary History of the Department of Homeland Security: 2001-2008 6 After his speech, the White House released a document outlining the proposed Department of Homeland Security. The proposal included organization charts of the department, a chart of major government departments and agencies responsible for homeland security activities, congressional committees responsible for homeland security activities, appropriations requested for the new department in the FY2003 budget, and a timeline of administration activities after the 9/11 terrorist attacks. The Department of Homeland Security, June 2002 Although the President of the United States may propose legislation, only Congress can sponsor and pass the legislation necessary to create a new Cabinet-level department. On June 18, 2002, President Bush formally submitted to Congress his proposal for the Department of Homeland Security, including his proposed text for the Homeland Security Act of 2002. The language of the proposal is almost identical to that in the June 6, 2002, document. An analysis of the bill is at the end of the proposal. A Legislative Proposal to Create a New Cabinet Department of Homeland Security, June 18, 2002 (House Document 107-227) After proposing legislation to form the Department of Homeland Security, President Bush issued an executive order that created