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The US Department of Homeland Security: From the Ground Up

In Part 1 of our series, we investigate the context, fears and executive orders that shaped the formation of DHS

In 1998, the secretary of defense, with support from Congress and the White House, chartered the U.S. Commission on National Security/21st Century, commonly known as the Hart-Rudman Commission after cochairs and former senators Gary Hart and Warren Rudman. The commission undertook the most comprehensive review of national security since the National Security Act of 1947. Its findings, released in three reports from 1999 through 2001, suggested some of what was to come. The 1999 report concluded that "America will become increasingly vulnerable to hostile attacks on our homeland, and our military superiority will not entirely protect us." In its February 2001 report, the commission recommended creating a national homeland security agency to coordinate the U.S. government's efforts with regard to homeland security. Protection Here at HomeThe fragmented approach to counterterrorism came under a harsh light after 9/11. Following the attacks, the Bush administration realized the president had no one person or agency he could turn to to coordinate a response. It also became clear that the president needed to show the public that fighting terrorism was job one.

On Sept. 20, 2001, Bush announced to Congress the creation of the Office of Homeland Security. Two weeks later, he issued Executive Order 13228, which established OHS in the Executive Office of the President (EOP) and appointed Tom Ridge as director. OHS's mission was to develop and coordinate the implementation of a comprehensive national strategy to secure the United States from terrorist threats or attacks. The order also established the Homeland Security Council, made up of top executive branch officials, to coordinate the homeland security efforts of the executive departments and agencies.

The Ridge appointment was viewed favorably by many in Washingtonhe had strong leadership qualities, having served in Congress and as governor of Pennsylvania, and was a good friend of the president, which gave him access to the Oval Office. However, the executive order that created OHS did not give Ridge the authority or resources to take the substantial steps needed to centralize the homeland security function; his advisory position gave him no control over the many agencies that played a role in homeland defense. Those agencies, like any institutional entity that feels threatened, also jealously guarded their turf. OHS's relationship with the Homeland Security Council was also unclear, though Ridge served on it.

Many members of Congress took issue with the executive order creating OHS. Because it classified Ridge as the assistant to the president for homeland security, Senate approval was not required for his appointment (presidential advisers don't need confirmation). Nor could Congress compel Ridge to testify, because he was not a Cabinet officer. And, because of OHS's location in the EOP, Congress had no oversight of the new office.