88-811: The United States secretary of homeland security is the head of the United States Department of Homeland Security , the federal department tasked with ensuring public safety in the United States . The secretary is a member of the Cabinet of the United States . The position was created by the Homeland Security Act following the attacks of September 11, 2001 . The new department consisted primarily of components transferred from other Cabinet departments because of their role in homeland security, such as
176-662: A diploma mill in a small town in Wyoming . The department was blamed for up to $ 2 billion of waste and fraud after audits by the Government Accountability Office revealed widespread misuse of government credit cards by DHS employees, with purchases including beer brewing kits, $ 70,000 of plastic dog booties that were later deemed unusable, boats purchased at double the retail price (many of which later could not be found), and iPods ostensibly for use in "data storage". A 2015 inspection of IT infrastructure found that
264-530: A "first assistant" under the Federal Vacancies Reform Act because he had never served in a subordinate role to any other USCIS official. In February 2023, the Government Accountability Office said that three acting executive department heads were serving in violation of the Vacancies Act. [REDACTED] This article incorporates public domain material from websites or documents of
352-551: A July 16, 2013, interview, President Obama referred generally to the "bunch of strong candidates" for nomination to head the Department of Homeland Security , but singled out Kelly as "one of the best there is" and "very well qualified for the job". Later in July 2013, the online internet news website/magazine Huffington Post detailed "a growing campaign to quash the potential nomination of New York City Police commissioner Raymond Kelly as
440-481: A certified deaf interpreter and audio descriptions for viewers who are blind or have low vision. On March 1, 2004, the National Incident Management System (NIMS) was created. The stated purpose was to provide a consistent incident management approach for federal, state, local, and tribal governments. Under Homeland Security Presidential Directive-5, all federal departments were required to adopt
528-609: A margin of 53-38. West Virginia Senator Robert Byrd was the only Democrat voting in favor of closing debate. No action was seen in the House on this bill, however the legislation was added to the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 ( H.R. 4328 ), which finished the appropriations process for Congress for Fiscal Year 1999. The omnibus bill passed the House of Representatives on October 20, 1998, by
616-406: A new personnel system named MaxHR. The Washington Post said that the rules would allow DHS "to override any provision in a union contract by issuing a department-wide directive" and would make it "difficult, if not impossible, for unions to negotiate over arrangements for staffing, deployments, technology and other workplace matters". In August 2005, U.S. District judge Rosemary M. Collyer blocked
704-479: A single Cabinet agency. The Gilmore Commission , supported by much of Congress and John Bolton , helped to solidify further the need for the department. The DHS incorporated the following 22 agencies. According to political scientist Peter Andreas , the creation of DHS constituted the most significant government reorganization since the Cold War and the most substantial reorganization of federal agencies since
792-498: A single headquarters complex at the St. Elizabeths Hospital campus in Anacostia , Southeast Washington, D.C. The move was championed by District of Columbia officials because of the positive economic impact it would have on historically depressed Anacostia. The move was criticized by historic preservationists , who claimed the revitalization plans would destroy dozens of historic buildings on
880-462: A specific threat against the United States, can reach homeland security partners or the public quickly, thereby allowing recipients to implement necessary protective measures. Alerts are issued when there is specific and credible information of a terrorist threat against the United States. Alerts have two levels: elevated and imminent. An elevated alert is issued when there is credible information about an attack but only general information about timing or
968-506: A target. An Imminent Alert is issued when the threat is very specific and impending in the very near term. On March 12, 2002, the Homeland Security Advisory System , a color-coded terrorism risk advisory scale, was created as the result of a Presidential Directive to provide a "comprehensive and effective means to disseminate information regarding the risk of terrorist acts to Federal, State, and local authorities and to
SECTION 10
#17330931893641056-534: A third or later nominations. However, an incoming President is given 300 days in which to nominate a permanent replacement, instead of the regular 210 days. If an office remains vacant after 210 days after the rejection, withdrawal, or return of a second presidential appointment nomination, it remains vacant until a person is appointed by the President, by and with the advice and consent of the Senate. In such instance, only
1144-480: A vote of 333–95. It then passed the Senate the following day on October 21, 1998, by a vote of 65–29. President Bill Clinton signed the bill the same day and it became Pub. L. 105–277 (text) (PDF) . In 2001, the Duke Law Journal published an article criticizing the nomination process and the Federal Vacancies Reform Act of 1998. The author, Joshua Stayn, asserts four constitutional problems with
1232-1011: Is Alejandro Mayorkas , since February 2, 2021. He is the first Latino and immigrant to lead the Department of Homeland Security. Prior to the establishment of the U.S. Department of Homeland Security, there existed an assistant to the president for the Office of Homeland Security, which was created following the September 11 attacks in 2001. Parties Republican (5) Democratic (3) Independent (4) Status Denotes Acting Homeland Security Secretary a. James Loy served as acting secretary in his capacity as Deputy Secretary of Homeland Security . b. Rand Beers served as acting secretary in his capacity as confirmed Undersecretary of Homeland Security for National Protection and Programs and Acting Deputy Secretary of Homeland Security; Beers
1320-405: Is necessary. The secretary will then authorize FEMA to task and deploy designated personnel from DHS components and other Federal Executive Agencies to respond to extraordinary disasters. The DHS National Cyber Security Division (NCSD) is responsible for the response system, risk management program, and requirements for cyber-security in the U.S. The division is home to US-CERT operations and
1408-551: Is the third-largest Cabinet department, after the departments of Defense and Veterans Affairs . Homeland security policy is coordinated at the White House by the Homeland Security Council . Other agencies with significant homeland security responsibilities include the departments of Health and Human Services , Justice , and Energy . In response to the September 11 attacks , President George W. Bush announced
1496-555: The Attorney General . Also, the Secretary of Labor is subject to a different law that does not have a time limit on the term for an acting secretary. It requires the executive branch departments and agencies to report to Congress and Government Accountability Office (GAO) information about the temporary filling of vacant executive agency positions that require presidential appointment with Senate confirmation . The act requires
1584-916: The Coast Guard , the Federal Protective Service , U.S. Customs and Border Protection (which includes the United States Border Patrol ), U.S. Immigration and Customs Enforcement (which includes Homeland Security Investigations), the United States Secret Service and the Federal Emergency Management Agency . It does not, however, include the Federal Bureau of Investigation or the U.S. Marshals Service . They continue to operate under U.S. Department of Justice . The current secretary of homeland security
1672-594: The Comptroller General report to specified congressional committees, the president, and the Office of Personnel Management if an acting officer is determined to be serving longer than the 210 days (including applicable exceptions established by the act). One of the additional requirements of the Act was to mandate that federal department and agencies create lines of succession plan in case of disaster or emergency. Though
1760-492: The Cybersecurity and Infrastructure Security Agency Act of 2018 into law, which elevated the mission of the former DHS National Protection and Programs Directorate and established the Cybersecurity and Infrastructure Security Agency . In fiscal year 2018, DHS was allocated a net discretionary budget of $ 47.716 billion. In 2021, the Department of Justice began carrying out an investigation into white supremacy and extremism in
1848-560: The Federal Emergency Management Agency was absorbed into the DHS and in the fall of 2008 took over coordination of the campaign. The Ready Campaign and its Spanish-language version Listo.gov asks individuals to build an emergency supply kit, make a family emergency plan and be informed about the different types of emergencies that can occur and how to respond. The campaign messages have been promoted through television, radio, print, outdoor and web PSAs, as well as brochures, toll-free phone lines and
SECTION 20
#17330931893641936-551: The Government Accountability Office . [REDACTED] This article incorporates public domain material from websites or documents of the United States Senate . [REDACTED] This article incorporates public domain material from websites or documents of the Congressional Research Service . [REDACTED] This article incorporates public domain material from websites or documents of
2024-469: The Homeland Security Act of 2002 creates exceptions to FVRA, mandating that the under secretary of homeland security for management is third in the line of succession for Secretary of Homeland Security, and establishes an alternate process by which the secretary can directly establish a line of succession outside the provisions of the FVRA. As of November 8, 2019, the order of succession is as follows. However,
2112-485: The Iraq War . One of the first announcements that garnered widespread public attention to this campaign was one by Tom Ridge in which he stated that in the case of a chemical attack, citizens should use duct tape and plastic sheeting to build a homemade bunker, or "sheltering in place" to protect themselves. As a result, the sales of duct tape skyrocketed, and DHS was criticized for being too alarmist . On March 1, 2003,
2200-832: The National Cyber Alert System . The DHS Science and Technology Directorate helps government and private end-users transition to new cyber-security capabilities. This directorate also funds the Cyber Security Research and Development Center, which identifies and prioritizes research and development for NCSD. The center works on the Internet's routing infrastructure (the SPRI program) and Domain Name System ( DNSSEC ), identity theft and other online criminal activity (ITTC), Internet traffic and networks research (PREDICT datasets and
2288-637: The National Security Act of 1947 (which had placed the different military departments under a secretary of defense and created the National Security Council and Central Intelligence Agency ). Creation of DHS constitutes the most diverse merger ever of federal functions and responsibilities, incorporating 22 government agencies into a single organization. The founding of the DHS marked a change in American thought towards threats. Introducing
2376-467: The Office of Legal Counsel under the George W. Bush administration held that all acting officers are inferior officers and not subject to the requirement for Senate confirmation. A person nominated to a position may not concurrently serve as an acting officer for that position unless that person is in a "first assistant" position to that office and either has served in that position for at least 90 days, or
2464-596: The Presidential Succession Act . The law sets forth additional provisions regarding vacancies existing during presidential inaugural transitions, independent establishments, and exceptions to requirements of this Act for certain board members of independent establishments or Government corporations or commissioners of the Federal Energy Regulatory Commission . The law was a revision of the Vacancies Act originally passed in 1868. After
2552-556: The U.S. Border Patrol , the U.S. Customs Service , and the Animal and Plant Health Inspection Service were consolidated into a new agency under DHS: U.S. Customs and Border Protection . The Federal Protective Service falls under the National Protection and Programs Directorate. The Department of Homeland Security is headed by the secretary of homeland security with the assistance of the deputy secretary . The department contains
2640-529: The Watergate scandal , other laws that allowed agency heads to delegate functions to subordinates were increasingly used as an alternative to evade the strict rules of the Vacancies Act. By 1998, temporary appointments filled 20% of the 320 positions requiring Senate confirmation. The Federal Vacancies Reform Act was introduced in the US Senate on June 16, 1998, as S. 2176 of the 105th Congress. The sponsor of
2728-403: The interior or home ministries of other countries. Its stated missions involve anti-terrorism , border security , immigration and customs, cyber security , and disaster prevention and management. It began operations on March 1, 2003, after being formed as a result of the Homeland Security Act of 2002 , enacted in response to the September 11 attacks . With more than 240,000 employees, DHS
United States Secretary of Homeland Security - Misplaced Pages Continue
2816-507: The legality of this update was challenged . Formerly, an April 10, 2019 update to the DHS Orders of Succession, made pursuant to the Homeland Security Act of 2002 , provided a different order in the case of unavailability to act during a disaster or catastrophic emergency: As a result of Executive Order 13753 in 2016, the order of succession for the secretary of homeland security was as follows: George W. Bush nominated Bernard Kerik for
2904-527: The "senior officer or employee" clause may be unconstitutional when applied to principal officers such as department secretaries, because the Appointments Clause of the Constitution requires Senate confirmation for these positions. People supporting this interpretation include Neal Katyal , George Conway , Clarence Thomas , and John Yoo , and people opposing it include David B. Rivkin . An opinion of
2992-473: The Act was passed in 1998, many agencies didn't fulfill that requirement until after the September 11, 2001 terrorist attacks . President George W. Bush signed executive orders designating lines of succession in seven key departments within months after the attack. These succession plans do not affect the presidential line of succession , which is governed by the United States Constitution and
3080-457: The American homeland – air, land, and sea. The top element, a dark blue sky, contains 22 stars representing the original 22 entities that have come together to form the department. The left shield element contains white mountains behind a green plain underneath a light blue sky. The right shield element contains four wave shapes representing the oceans alternating light and dark blue separated by white lines. - DHS June 6, 2003 Since its inception,
3168-455: The American people". Many procedures at government facilities are tied into the alert level; for example a facility may search all entering vehicles when the alert is above a certain level. Since January 2003, it has been administered in coordination with DHS; it has also been the target of frequent jokes and ridicule on the part of the administration's detractors about its ineffectiveness. After resigning, Tom Ridge said he did not always agree with
3256-693: The DETER testbed), Department of Defense and HSARPA exercises (Livewire and Determined Promise), and wireless security in cooperation with Canada. On October 30, 2009, DHS opened the National Cybersecurity and Communications Integration Center . The center brings together government organizations responsible for protecting computer networks and networked infrastructure. In January 2017, DHS officially designated state-run election systems as critical infrastructure. The designation made it easier for state and local election officials to get cybersecurity help from
3344-469: The DHS ranks. DHS also halted large-scale immigration raids at job sites, saying in October 2021 that the administration was planning "a new enforcement strategy to more effectively target employers who pay substandard wages and engage in exploitative labor practices." In 2023, the U.S. Customs and Border Patrol began using an app which requires asylum seekers to submit biometric information before they enter
3432-542: The English and Spanish language websites Ready.gov and Listo.gov. The general campaign aims to reach all Americans, but targeted resources are also available via "Ready Business" for small- to medium-sized business and "Ready Kids" for parents and teachers of children ages 8–12. In 2015, the campaign also launched a series of PSAs to help the whole community, people with disabilities and others with access and functional needs prepare for emergencies, which included open captioning,
3520-522: The Military Advisor and Executive Secretary report to the DHS Chief of Staff , who is currently Jonathan Davidson . Component Legal Offices (each headed by a Chief Counsel or equivalent): United States Department of Homeland Security The United States Department of Homeland Security ( DHS ) is the U.S. federal executive department responsible for public security , roughly comparable to
3608-531: The NIMS and to use it in their individual domestic incident management and emergency prevention, preparedness, response, recovery, and mitigation program and activities. In December 2005, the National Response Plan (NRP) was created, in an attempt to align federal coordination structures, capabilities, and resources into a unified, all-discipline, and all-hazards approach to domestic incident management. The NRP
United States Secretary of Homeland Security - Misplaced Pages Continue
3696-617: The Ready Campaign, a national public service advertising (PSA) campaign to educate and empower Americans to prepare for and respond to emergencies including natural and man-made disasters. With pro bono creative support from the Martin Agency of Richmond, Virginia , the campaign website "Ready.gov" and materials were conceived in March 2002 and launched in February 2003, just before the launch of
3784-698: The Secretary can directly establish a line of succession outside the provisions of the FVRA. Similarly, the Intelligence Reform and Terrorism Prevention Act of 2004 mandates that the Principal Deputy Director of National Intelligence is first in line to the Director of National Intelligence role. The law applies vacancy provisions of the Federal Judicial Code with respect to the office of
3872-686: The September 11 attacks made the proposed elimination of employee protections imperative. Congress ultimately passed the Homeland Security Act of 2002, and President Bush signed the bill into law on November 25, 2002. It was the largest U.S. government reorganization in the 50 years since the United States Department of Defense was created. Tom Ridge was named secretary on January 24, 2003, and began naming his chief deputies. DHS officially began operations on January 24, 2003, but most of
3960-457: The Trump administration installed Ken Cuccinelli as acting director of U.S. Citizenship and Immigration Services and Mark Morgan as acting director of U.S. Immigration and Customs Enforcement by appointing them to newly created "principal deputy director" positions that outranked the preexisting deputy director positions. This was criticized as avoiding Senate scrutiny for these positions through
4048-482: The United States from terrorist threats or attacks. The Office will coordinate the executive branch's efforts to detect, prepare for, prevent, protect against, respond to, and recover from terrorist attacks within the United States. Ridge began his duties as OHS director on October 8, 2001. On November 25, 2002, the Homeland Security Act established the Department of Homeland Security to consolidate U.S. executive branch organizations related to "homeland security" into
4136-600: The Vacancies Reform Act. For example, the Homeland Security Act of 2002 as amended by the National Defense Authorization Act for Fiscal Year 2017 mandates that the Under Secretary of Homeland Security for Management is third in the line of succession for Secretary of Homeland Security as an explicit exception to the Federal Vacancies Reform Act, and establishes an alternate process by which
4224-517: The act: In 2018, upon the appointment of Matthew Whitaker as Acting Attorney General, some scholars and former government officials (including former Acting Solicitor General of the United States Neal Katyal ) argued that the "senior officer or employee" clause may be unconstitutional when applied to principal officers, because the Appointments Clause of the Constitution requires Senate confirmation for these positions. In mid-2019,
4312-753: The agency's internal inspector general found that pilot testing of the system had been performed using data on real people without required privacy safeguards in place. The system, in development at Lawrence Livermore and Pacific Northwest National Laboratory since 2003, has cost the agency $ 42 million to date. Controversy over the program is not new; in March 2007, the Government Accountability Office stated that "the ADVISE tool could misidentify or erroneously associate an individual with undesirable activity such as fraud , crime or terrorism." Homeland Security's Inspector General later said that ADVISE
4400-454: The assistant to the president for homeland security. The seal was developed with input from senior DHS leadership, employees, and the U.S. Commission on Fine Arts. The Ad Council – which partners with DHS on its Ready.gov campaign – and the consulting company Landor Associates were responsible for graphic design and maintaining heraldic integrity. The seal is symbolic of the Department's mission – to prevent attacks and protect Americans – on
4488-399: The best interests" of the country for him to pursue the post. On January 11, 2005, President Bush nominated federal judge Michael Chertoff to succeed Ridge. Chertoff was confirmed on February 15, 2005, by a vote of 98–0 in the U.S. Senate and was sworn in the same day. In February 2005, DHS and the Office of Personnel Management issued rules relating to employee pay and discipline for
SECTION 50
#17330931893644576-510: The bill was Senator Fred Thompson of Tennessee, then chairman of the Senate Governmental Affairs Committee . Support for the bill was mainly on partisan lines with Republicans supporting the bill and Democrats opposing it. Though Republicans outnumbered Democrats, Democrats filibustered the bill, debating it ad infinitum so it could not be brought to a vote. The cloture vote to end debate failed on September 28, 1998, by
4664-510: The biometric data of children under 14. Whereas the Department of Defense is charged with military actions abroad, the Department of Homeland Security works in the civilian sphere to protect the United States within, at, and outside its borders. Its stated goal is to prepare for, prevent, and respond to domestic emergencies, particularly terrorism. On March 1, 2003, DHS absorbed the U.S. Customs Service and Immigration and Naturalization Service (INS) and assumed its duties. In doing so, it divided
4752-640: The campus. Community activists criticized the plans because the facility would remain walled off and have little interaction with the surrounding area. In February 2015 the General Services Administration said that the site would open in 2021. DHS headquarters staff began moving to St. Elizabeths in April 2019 after the completion of the Center Building renovation. During a Senate Homeland Security and Governmental Affairs Committee hearing on
4840-469: The components listed below. Passports for U.S. citizens are issued by the U.S. Department of State , not the Department of Homeland Security. Advisory groups: Other components: In an August 5, 2002, speech, President Bush said: "We are fighting ... to secure freedom in the homeland." Prior to the creation of DHS, U.S. Presidents had referred to the U.S. as "the nation" or "the republic" and to its internal policies as "domestic". Also unprecedented
4928-611: The country. In June 2024 John Boyd, the head of the DHS Office of Biometric Identity Management, announced at a conference that the agency "is looking into ways it might use facial recognition technology to track the identities of migrant children." According to Boyd, the initiative is intended to advance the development of facial recognition algorithms. A former DHS official said that every migrant processing center he visited engaged in biometric identity collection, and that children were not separated out during processing. DHS denied collecting
5016-399: The department has wasted roughly $ 15 billion in failed contracts (as of September 2008 ). In 2003, the department came under fire after the media revealed that Laura Callahan , Deputy Chief Information Officer at DHS with responsibilities for sensitive national security databases, had obtained her bachelor, masters, and doctorate computer science degrees through Hamilton University ,
5104-601: The department was running over a hundred computer systems whose owners were unknown, including Secret and Top Secret databases, many with out of date security or weak passwords. Basic security reviews were absent, and the department had apparently made deliberate attempts to delay publication of information about the flaws. On September 5, 2007, the Associated Press reported that the DHS had scrapped an anti-terrorism data mining tool called ADVISE (Analysis, Dissemination, Visualization, Insight and Semantic Enhancement) after
5192-501: The department's 240,000 employees in the weeks leading up to the CRs." The uncertainty about funding hampers DHS's ability to pursue major projects and takes away attention and manpower from important priorities. Seventy percent of DHS employees are considered essential and are not furloughed during government shutdowns. Soon after formation, the department worked with the Ad Council to launch
5280-503: The department's component agencies were not transferred into the new department until March 1. After establishing the basic structure of DHS and working to integrate its components, Ridge announced his resignation on November 30, 2004, following the re-election of President Bush. Bush initially nominated former New York City Police Department commissioner Bernard Kerik as his successor, but on December 10, Kerik withdrew his nomination, citing personal reasons and saying it "would not be in
5368-460: The department's temporary headquarters had been in Washington, D.C.'s Nebraska Avenue Complex , a former naval facility. The 38-acre (15 ha) site, across from American University , has 32 buildings comprising 566,000 square feet (52,600 m ) of administrative space. In early 2007, the department submitted a $ 4.1 billion plan to Congress to consolidate its 60-plus Washington-area offices into
SECTION 60
#17330931893645456-457: The enforcement and services functions into two separate and new agencies: Immigration and Customs Enforcement and Citizenship and Immigration Services . The investigative divisions and intelligence gathering units of the INS and Customs Service were merged forming Homeland Security Investigations , the primary investigative arm of DHS. Additionally, the border enforcement functions of the INS, including
5544-409: The establishment of the Office of Homeland Security (OHS) to coordinate " homeland security " efforts. The office was headed by former Pennsylvania governor Tom Ridge , who assumed the title of Assistant to the President for Homeland Security. The official announcement states: The mission of the Office will be to develop and coordinate the implementation of a comprehensive national strategy to secure
5632-436: The execution of the duties of the Department of Homeland Security. Certain elements also aid the Secretary of Homeland Security and senior officials of the Department of Homeland Security, as well as private sector and government partners in their duties. The Office of the Secretary contains several offices and other elements of the DHS. Most of the heads of these elements report directly to the Secretary or Deputy Secretary, but
5720-550: The federal government. In October 2017, DHS convened a Government Coordinating Council (GCC) for the Election Infrastructure Subsection with representatives from various state and federal agencies such as the Election Assistance Commission and National Association of Secretaries of State . To date there have been seven confirmed secretaries of the Department of Homeland Security: The department has been dogged by persistent criticism over excessive bureaucracy , waste, ineffectiveness and lack of transparency. Congress estimates that
5808-441: The filling of federal vacancies to authorize the president, if an appointed officer of an executive agency (defined to include the Executive Office of the President and exclude the GAO) dies, resigns, or is otherwise unable to perform office functions, to direct a person who serves in an office for which appointment is required to perform such functions temporarily in an acting capacity, subject to specified time limitations. It retains
5896-417: The head of an executive agency may perform office functions until such appointment is made in the case of an office other than the office of head of an executive agency. The law makes vacancy and time limitation provisions applicable to any affected office for which an advice and consent appointment is required unless: Some agencies are partially exempt from these provisions through other laws that override
5984-410: The land, in the sea and in the air. In the center of the seal, a graphically styled white American eagle appears in a circular blue field. The eagle's outstretched wings break through an inner red ring into an outer white ring that contains the words "U.S. DEPARTMENT OF" in the top half and "HOMELAND SECURITY" in the bottom half in a circular placement. The eagle's wings break through the inner circle into
6072-411: The lives of young men of color." Kelly was also featured because of his NYPD retirement and unusually long tenure there in a long segment on the CBS News program Sunday Morning in December 2013, especially raising the question of the controversial "stop and frisk" policy in New York City and the long decline and drop of various types of crimes committed. The Office of the Secretary (OS) oversees
6160-448: The name "MaxHR". In a February 2008 court filing, DHS said that it would no longer pursue the new rules, and that it would abide by the existing civil service labor-management procedures. A federal court issued an order closing the case. A 2017 memo by Secretary of Homeland Security John F. Kelly directed DHS to disregard "age as a basis for determining when to collect biometrics." On November 16, 2018, President Donald Trump signed
6248-466: The next secretary of the Department of Homeland Security" amid claims of "divisive, harmful, and ineffective policing that promotes stereotypes and profiling". Days after that article, Kelly penned a statistics-heavy Wall Street Journal opinion article defending the NYPD's programs, stating "the average number of stops we conduct is less than one per officer per week" and that this and other practices have led to "7,383 lives saved—and... they are largely
6336-415: The normal confirmation process. In September 2019, a lawsuit was filed challenging Cuccinelli's asylum directives, partially on the basis that his appointment was invalid. On March 1, 2020, US District Court Judge Randolph Moss , who was appointed by Barack Obama , ruled that Cuccinelli's appointment as USCIS director was illegal because the newly created principal deputy director role did not count as
6424-459: The offices officially become vacant and the President has 210 days to fill the vacancies. However, provisions in the Act, described as a loophole, allow the president after these periods to assign the "nonexclusive duties" of a vacant position to a person to perform, provided they are not described as "acting". The de facto acting officers can be described as “performing the duties of...”, or similar description. The law revises provisions relating to
6512-506: The outer ring to suggest that the Department of Homeland Security will break through traditional bureaucracy and perform government functions differently. In the tradition of the Great Seal of the United States, the eagle's talon on the left holds an olive branch with 13 leaves and 13 seeds while the eagle's talon on the right grasps 13 arrows. Centered on the eagle's breast is a shield divided into three sections containing elements that represent
6600-402: The plan on the grounds that it did not ensure collective-bargaining rights for DHS employees. A federal appeals court ruled against DHS in 2006; pending a final resolution to the litigation, Congress's fiscal year 2008 appropriations bill for DHS provided no funding for the proposed new personnel system. DHS announced in early 2007 that it was retooling its pay and performance system and retiring
6688-566: The position in 2004. However a week later, Kerik withdrew his nomination, explaining that he had employed an illegal immigrant as a nanny. By July 2013, Raymond Kelly had served as Commissioner of the New York City Police Department (NYPD) for nearly 12 straight years. Within days of Homeland Security secretary Janet Napolitano 's announcement that she was resigning, Kelly was soon cited as an obvious potential successor by New York senator Charles Schumer and others. During
6776-624: The private sector. Federal Vacancies Reform Act of 1998 The Federal Vacancies Reform Act of 1998 (commonly called the Vacancies Act ) ( 5 U.S.C. § 3345 et seq. ) is a United States federal statute establishing the procedure for filling vacancies in an appointed office of an executive agency of the government before the appointment of a permanent replacement. The Act allows an incoming President 300 days in which to temporarily and unilaterally fill positions with "acting" officers. After this initial extended period,
6864-438: The reauthorization of DHS, Deputy Secretary Elaine Duke said there is a weariness and anxiety within DHS about the repeated congressional efforts to agree to a long-term spending plan, which had resulted in several threats to shut down the federal government. "Shutdowns are disruptive", Duke said. She said the "repeated failure on a longtime spending plan resulting in short-term continuing resolutions (CRs) has caused "angst" among
6952-470: The requirement that the first assistant of such officer shall perform such functions temporarily in an acting capacity as well, subject to specified time limitations and the limitations described below. Any action to perform a function of a vacant office by a person filling a vacancy in violation of requirements or by a person who is not filling such vacancy shall have no effect. Three classes of persons may serve as acting officers: It has been argued that
7040-513: The term "homeland" centers attention on a population that needs to be protected not only against emergencies such as natural disasters but also against diffuse threats from individuals who are non-native to the United States. Prior to the signing of the bill, controversy about its adoption was focused on whether the Federal Bureau of Investigation and the Central Intelligence Agency should be incorporated in part or in whole (neither
7128-554: The threat level adjustments pushed by other government agencies. In January 2003, the office was merged into the Department of Homeland Security and the White House Homeland Security Council, both of which were created by the Homeland Security Act of 2002. The Homeland Security Council, similar in nature to the National Security Council, retains a policy coordination and advisory role and is led by
7216-557: Was ruled unlawful . f. Peter Gaynor served as acting secretary in his capacity as Federal Emergency Management Agency Administrator. g. David Pekoske served as acting secretary in his capacity as Administrator of the Transportation Security Administration While appointment of acting officials is generally governed by the Federal Vacancies Reform Act of 1998 (FVRA),
7304-430: Was appointed to that position through the advice and consent process. When a vacancy occurs, the position can be filled by an acting officer for 210 days from the date of the vacancy, in addition to the time when a nomination is pending before the Senate. If a first or second nomination is rejected by the Senate or withdrawn, it activates additional 210-day periods from the date of the rejection, but this does not apply to
7392-674: Was built on the template of the NIMS. On January 22, 2008, the National Response Framework was published in the Federal Register as an updated replacement of the NRP, effective March 22, 2008. The Post-Katrina Emergency Management Reform Act directs the DHS Secretary to designate employees from throughout the department to staff a Surge Capacity Force (SCF). During a declared disaster, the DHS Secretary will determine if SCF support
7480-519: Was included). The bill was also controversial for the presence of unrelated " riders ", as well as for eliminating certain union-friendly civil service and labor protections for department employees. Without these protections, employees could be expeditiously reassigned or dismissed on grounds of security, incompetence or insubordination, and DHS would not be required to notify their union representatives. The plan stripped 180,000 government employees of their union rights. In 2002, Bush officials argued that
7568-429: Was poorly planned, time-consuming for analysts to use, and lacked adequate justifications. Fusion centers are terrorism prevention and response centers, many of which were created under a joint project between the Department of Homeland Security and the U.S. Department of Justice 's Office of Justice Programs between 2003 and 2007. The fusion centers gather information from government sources as well as their partners in
7656-583: Was the highest ranking Senate-approved presidential appointee at the Department of Homeland Security . c. Elaine Duke served as acting secretary in her capacity as Deputy Secretary of Homeland Security . d. Kevin McAleenan served as acting secretary in his capacity as Commissioner of Customs and Border Protection . His tenure was ruled unlawful . e. Chad Wolf served as acting secretary in his capacity as Under Secretary of Homeland Security for Strategy, Policy, and Plans . His tenure
7744-435: Was the use, from 2002, of the phrase "the homeland" by White House spokespeople. In 2011, the Department of Homeland Security phased out the old Homeland Security Advisory System, replacing it with a two-level National Terrorism Advisory System. The system has two types of advisories: alerts and bulletins. NTAS bulletins permit the secretary to communicate critical terrorism information that, while not necessarily indicative of
#363636