Origins And Purpose Of Legislative Agencies
Legislative agencies come from the legislative branch. These agencies are created by a bill or an act that has been voted on and passed by Congress. The President has to sign off on it to be established by law officially. Once everything is set and officiated, the president selects a secretary. Secretaries are the heads of the agency. Once the selection is made, Congress has to vote and approve the candidate of choice.
The main function of a legislative agency is to assist the President and Congress with administering federal laws within their jurisdiction of specialty. Each agency has a specific area of interest that serves as their sole purpose. When legislative agencies are formed, it addresses a specific concern that has hindered the safety of the public and the nation. Each legislative agency is important and contributes to the functioning of this nation.
In sight of what is happening in Afghanistan, the agency I chose was the Department of Homeland Security. I chose this agency to understand the history of the Taliban and America fully.
On April 14, 2021, President Biden announced that U.S. troops would be evacuating Afghanistan and ending military tasks because they were unnecessary (The White House, 2021). This will end 20 years of U.S. military operations within the country. The U.S. entered Afghanistan nearly two decades ago in retaliation for the 9/11 terrorist attack against the United States. The Taliban were not responsible for the attack but were protecting the man behind the plan, Osama Bin Laden.
Osama Bin Laden was Saudi Arabian with no ties to Afghanistan. He gained favoritism from the Taliban during the Soviet-Afghan War. On December 24, 1979, The Soviet Union invaded Afghanistan to spread the communist movement (History, 2020). Bin Laden saw the invasion as disrespect to Islam and stepped in on behalf of Afghanistan. Using his fighters and resources to fight off the Soviets, they backed off. Bin Laden became a hero when they left Afghanistan with their mission unsuccessful. He helped the Taliban rise to power in Afghanistan and gained them as an ally.
On August 2, 1990, Saddam Hussain ordered his Iraqi troops to invade Kuwait, which started the Persian Gulf War (United States Department of State | Office of the Historian, nd). With the honorary recognition Bin Laden gained in Afghanistan, he offered his service to his homeland. The Saudi Arabian officials denied it due to his radical approach. Instead, the Saudi Arabians relied on the help of the United States. This angered Bin Laden, and his hate for the U.S. grew. Over the years, with his radical tactics, Bin Laden was exiled from Saudi Arabia.
Blaming the U.S. for his exile, he wanted to get revenge. On August 7, 1998, Bin Ladden instructed the bombings of two U.S. embassies in Kenya and Tanizan (Federal Bureau of Investigation | History, nd). He specifically sought this date because it marked the day the United States entered Saudi Arabia 8 years ago. 212 natives and 12 Americans died. Also, 4,500 people were wounded due to the attack (Federal Bureau of Investigation | History, nd). Knowing that U.S. officials were looking to extradite him, Bin Laden fled to Afghanistan for protection. The Taliban were in control and refused to give him up to U.S. officials. This only strengthened his terrorist agenda. What was to come next, no one could have ever imagined.
On September 11, 2001, 19 Bin Laden fighters boarded and hijacked 4 planes (9/11 Memorial and Museum, nd). The goal was to crash the planes into notable American buildings and cause massive chaos. At 8:46 am, Flight 11 crashed into the North Twin Tower of the World Trade Center, and 17 minutes later, Flight 175 crashed into the South Twin Tower (9/11 Memorial and Museum, nd). Planes 3 and 4 were headed to Washington D.C. Flight 77 hit the Pentagon at 9:37 am, and Flight 93 detoured from the D.C. area due to passengers trying to regain control of the plane (9/11 Memorial and Museum, nd). Flight 93 was originally supposed to hit the White House but crashed into a field in Pennsylvania. The nation was shocked. Nothing like this has ever occurred on American soil. Approximately 25,000 were injured, and 2,977 victims died (9/11 Memorial and Museum, nd). One of the most memorable and deadliest terrorist attacks ever in history.
With the nation in a frenzy, Congress knew something had to be done. On November 25, 2002, President George W. Bush signed the Homeland Security Act of 2002 into law (H.R.5005 – 107th Congress). This bill created the Department of Homeland Security. The main focus of this agency was to prevent terrorism and other tragedies like 9/11. Also, it was created to install a level of safety and security back into the nation. The department oversees border patrol, immigration and customs, secret service, cyber security, disaster prevention and management, and transportation security administration (U.S. Department Of Homeland Security,2020).
Strengths and Weaknesses
With almost 19 years of experience under its belts, the agency has faced great accomplishments that have strengthened its force. One of their accomplishments is the Transportation Security Administration or TSA. In every airport within the U.S., TSA is present. Before boarding the plane, each individual must undergo a rigorous checkpoint procedure. Empty everything in their possession to undergo search and scan.
Some call the procedure humiliating, but all is done for safety purposes. The 19 Al-Qaeda fighters that hijacked the planes all went through a checkpoint before entering the planes. During those times, the security checkpoint was very lax. To prevent another 9/11 occurrence, TSA was developed to enforce stricter guidelines. Their continuous dedication has ensured public safety while traveling. In 2020, 3,257 firearms were retrieved by TSA, and 83% were loaded (Transportation Security Administration, 2021). The potential outcome could have been deadly if it was not for TSA.
Another strength is the efforts to prevent and stop cyber crimes. The rise of cyber crimes has doubled throughout the years. Billions of dollars and personal information have been stolen. During months of intense investigations, the Department of Homeland Security provided significant factual bases for arresting Russian native Alexander Vinnik. He was the founder and operator of BTC-e. During the company’s tenure, it facilitated over $4 billion to cyber criminals engaged in public corruption, hacking, distribution of
drugs, and ransomware (U.S. Department Of Homeland Security, nd). Vinnik was later arrested in Greece in 2017. After his arrest, it was later discovered that 95% of ransom payments were orchestrated by BTC-e (U.S. Department Of Homeland Security, nd). Even though Vinnik’s operations were headquartered overseas, the agency’s dedication to stopping cyber crimes has no limits.
With great strengths comes weakness. The weakest link within the agency is Border Patrol and Immigration Customs and Enforcement, also known as ICE. Their efforts get the most recognition and are heavily criticized. Border Patrol is responsible for securing the U.S. borders and ensuring that anyone that enters the U.S. has a lawful presence. In July of 2021, Border Patrol reported over 210,000 illegal migrants they apprehended while trying to cross the Mexico-U.S. borders (Bensman, 2021). This number skyrocketed from previous years due to the change in administration. Approximately 37,000 illegal immigrants have successfully migrated to the U.S. by crossing the Mexico-U.S. borders as of July 2021 (Bensman, 2021).
Some come to the United States for a better life and to escape the harsh realities they face in their country; others come with bad intent. It is difficult to separate the good from the bad. This causes the security of the U.S. to be jeopardized to an extent.
ICE manages immigration detention centers and the removal of individuals that have violated immigration laws. Recently, there has been an explosive outcry to abolish ICE operations. In 2018, 1,500 children were reported missing (Nixon, 2018). These children were being held in ICE-operated detention centers after being separated from their families in their unsuccessful crossing at the borders. No one knew where to locate the missing children. This catastrophe was caused by poor tracking management once the children entered the
facilities. Once news headlines picked up on the story, another horrific event occurred. A picture from a Texas-based immigration facility surfaced and spread like wildfire. The picture showed children being locked in cages with aluminum foil-type blankets. Many heavily criticized the inhumane treatment that was happening within these facilities. Officials never properly addressed the concerns and danced around questions regarding it. This showed cowardness and weakness.
Rule Making Process
The Administrative Procedure Act was signed into law on June 11, 1946, by President Harry S. Truman (The United States Department of Justice, nd). It gave federal agencies the authority to regulate and make decisions within their agency.
Seven sub-agencies make up the Department of Homeland Security: Coast Guard, Federal Emergency Management Agency, Federal Law Enforcement Training Center,
National Communications Systems, Secret Service, Transportation Security Administration, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement (National Archives and Records Administration: Federal Register, nd). The rulemaking process works because a team within one of the sub-agencies creates a regulation that is within the jurisdiction of their agency. Once developed, the team
submits it to the administrator for review. After the administrator reviews, it is submitted to the Department of Homeland Security leadership team. They review the proposal to ensure it aligns with the mission of the agency and department. They also check to see if it follows core principles and does not jeopardize civil rights and liberties. Once everything is okay and there is no pushback, it gets finalized.
Since the department’s opening, the main priority has been protecting the nation. To ensure that there will not be a second doing of 9/11. I believe that the department has been very prominent in doing so. Working endlessly to protect and secure our safety. Filtering through and checking every aspect for potential threats. Always keeping a watchful eye and tracking down terrorist groups such as ISIS. We are fortunate to live in a country that values our being and will not stop by any means to protect us.
I dedicate this paper to the individuals that lost their lives in an unfortunate way. To their families and the nation, they are heroes. May we continue to remember them for eternity.
Legislative agencies are created with a purpose. They are to combat and address the specific issues that have arisen within our nation. The Department of Homeland Security understood its mission and purpose. They have fought countlessly to grant security to our nation.
9/11 Memorial and Museum. (nd). 9/11 Interactive timelines. Retrieved on September 6, 2021, from https://timeline.911memorial.org/#FrontPage
Bensman, T. (2021). July apprehension numbers have entered a historic crisis level. Center for Immigration Studies. Retrieved on September 6, 2021, from https://cis.org/Bensman/July-Apprehension-Numbers-Have-Entered-Historic-Crisis-Level Federal Bureau of Investigation | History. (nd). East African Embassy bombing. Retrieved on September 6, 2021, from https://www.fbi.gov/history/famous-cases/east-african-embassy-bombings
H.R.5005 – 107th Congress (2002): Homeland Security Act of 2002. Retrieved on September 6, 2021, from https://www.congress.gov/bill/107th-congress/house-bill/5005
History. (2020). Soviet Union invades Afghanistan. Retrieved on September 6, 2021, from https://www.history.com/this-day-in-history/soviet-tanks-roll-into-afghanistan
National Archives and Records Administration: Federal Register. (nd). Homeland Security Department. Retrieved on September 6, 2021, from https://www.federalregister.gov/agencies/homeland-security-department
Nixon, R. (2018). The U.S. loses track of another 1,500 migrant children, investigators find. The New York Times.Retrieved on September 6, 2021, from https://www.nytimes.com/2018/09/18/us/politics/us-migrant-children-whereabouts-.html
The United States Department of Justice. (nd). Administrative Procedure Act. Retrieved on September 6, 2021, from https://www.justice.gov/sites/default/files/jmd/legacy/2014/05/01/act-pl79-404.pdf
The White House. (2021). Remarks by President Biden on the way forward in Afghanistan. Retrieved on September 6, 2021, from https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/04/14/remarks-by-president- Biden-on-the-way-forward-in-Afghanistan/
Transportation Security Administration. (2021). TSA firearm catch rate doubles in 2020-highest in the agency’s 19-year history. Retrieved on September 6, 2021, from https://www.tsa.gov/news/press/releases/2021/01/26/tsa-firearm-catch-rate-doubles-2020-highest-agencys-19-year-history
U.S. Department Of Homeland Security. (nd). Cybersecurity strategy. Retrieved on September 6, 2021, from https://www.dhs.gov/sites/default/files/publications/DHS-Cybersecurity-Fact-Sheet.pdf
U.S. Department Of Homeland Security. (2020). Operational and support components. Retrieved on September 6, 2021, from https://www.dhs.gov/operational-and-support-components
United States Department of State | Office of the Historian. (nd). The first Gulf War. Retrieved on September 6, 2021, from https://history.state.gov/departmenthistory/short-history/firstgulf
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Learning more about the origins of legislative agencies will help you understand their purpose and shed light on what makes them a unique part of our American government.
For this paper, you will explain the functions of legislative agencies, describe an agency of interest, and describe the rulemaking procedures a public administrator for the agency follows.
Using the A–Z Index of U.S. Government Departments and AgenciesLinks to an external site. Choose an agency you are interested in or are curious about. Then, write a 4–5 page paper that fully responds to each of the items below and provides both a clear and thorough response to each:
- Explain what a legislative agency is. What are its functions?
- Identify an agency of interest to you. When was your agency created? What is its purpose? Provide detailed information in both responses.
- Identify at least two strengths and two weaknesses of your chosen agency. Be sure to provide examples of the identified strengths and weaknesses. You should provide at least one example for each identified strength and weakness.
- Briefly outline the rulemaking process and procedures for your agency.
- In your opinion, has this agency been successful in accomplishing its mission? Why or why not? Provide evidence to support your opinion.
Use at least three sources to support your writing. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your sources page at least once within your assignment. Access the library or review library guides for help with research, writing, and citing sources.
This course requires the use of Strayer Writing Standards (SWS). The library is your home for SWS assistance, including citations and formatting. Please refer to the Library site for all support. Check with your professor for any additional instructions.
is assignment is:
- Determine how case law guides and affects public administration and public policy.
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