Homeland Security Act of 2002

The Homeland Security Act of 2002 established the new Department of Homeland Security (DHS) and reorganized much of the national security and disaster response apparatus of the United States after September 11, 2001.

In the aftermath of 9/11 terrorist attacks on the U.S., policymakers and congressional commissions discovered multiple flaws within the intelligence community and defense agencies in regards to how they coordinate their activities and intelligence. Many believed the 9/11 attacks would not have been able to occur if the numerous agencies involved in U.S. security worked effectively with each other or were managed by another agency. After these revelations and the anthrax spore scares which sparked new fears of terrorism, President Bush and Congress both attempted to create a new system to prevent these same errors from reocurring.

The Homeland Security Act of 2002 was the end result of much negotiation on how to respond to these issues. The most important part of the Act was creating DHS, a completely new cabinet-level, executive department that functioned as an umbrella organization over many agencies responsible for U.S. security. Much of the disagreement in responding to 9/11 involved whether a new agency like DHS should exist and with what powers. The resolution was DHS consisting of many consolidated agencies, but the majority of agencies involved with security matters still remained separate because national security often is only a minor part of many agencies’ responsibilities. Importantly, however, DHS alongside the Office of Homeland Security were given access to intelligence from multiple agencies, attempting to create a place that could coordinate intelligence relating to security threats. This included being able to access detailed information from both the Federal Bureau of Investigation (FBI) and the Central Intelligence Agency (CIA) whose communication or lack thereof received much of the scrutiny after 9/11.

The Act also emphasized other areas of organizational and security problems that DHS was given responsibility for. DHS gained control over the security at entries into the United States, transportation, and other infrastructure as it regarded security management. Second, DHS became one of the agencies responsible for conducting laboratory testing and technology development to increase the ability of the government to detect and prevent security threats. Lastly, DHS became responsible for managing disaster response, absorbing the Federal Emergency Management Agency. To see the detailed changes made by the Act, click here.

[Last updated in February of 2022 by the Wex Definitions Team]