A statute is a formal written enactment of a legislative body, a stage in the process of legislation . Typically, statutes command or prohibit something, or declare policy . Statutes are laws made by legislative bodies; they are distinguished from case law or precedent , which is decided by courts , regulations issued by government agencies , and oral or customary law . Statutes may originate with the legislative body of a country, state or province, county, or municipality .
23-584: The Homeland Security Act (HSA) of 2002, ( Pub. L. 107–296 (text) (PDF) , 116 Stat. 2135 , enacted November 25, 2002 ) was introduced in the aftermath of the September 11 attacks and subsequent mailings of anthrax spores. The HSA was cosponsored by 118 members of Congress. The act passed the U.S. Senate by a vote of 90–9, with one Senator not voting. It was signed into law by President George W. Bush in November 2002. HSA created
46-540: A large number of services, offices and other organizations previously conducted in other departments, such as the Customs Service , Coast Guard , and U.S. Secret Service . It superseded, but did not replace, the Office of Homeland Security , which retained an advisory role. The Homeland Security Appropriations Act of 2004 provided the new department its first funding. A major reason for the implementation of HSA
69-661: A response to the September 11 attacks in 2001. The Department of Homeland Security manages the Emergency Preparedness and Response Directorate. The directorate helps fulfill the Department's overarching goal: to keep America safe from terrorist attacks. The Department also works to enhance preparedness and response efforts and to integrate these efforts with prevention work. With the Homeland Security Act there are several provisions that identify
92-482: Is promulgated , or given the force of law, in one of the following ways: The president promulgates acts of Congress made by the first two methods. If an act is made by the third method, the presiding officer of the house that last reconsidered the act promulgates it. Under the United States Constitution , if the president does not return a bill or resolution to Congress with objections before
115-749: Is also used to refer to an International treaty that establishes an institution , such as the Statute of the European Central Bank , a protocol to the international courts as well, such as the Statute of the International Court of Justice and the Rome Statute of the International Criminal Court . Statute is also another word for law. The term was adapted from England in about the 18th century. In
138-547: Is deprecated by some dictionaries and usage authorities. However, the Bluebook requires "Act" to be capitalized when referring to a specific legislative act. The United States Code capitalizes "act". The term "act of Congress" is sometimes used in informal speech to indicate something for which getting permission is burdensome. For example, "It takes an act of Congress to get a building permit in this town." An act adopted by simple majorities in both houses of Congress
161-597: Is derived from the late Latin word "statutum", which means 'law', 'decree'. In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history
184-416: Is how to organize published statutes. Such publications have a habit of starting small but growing rapidly over time, as new statutes are enacted in response to the exigencies of the moment. Eventually, persons trying to find the law are forced to sort through an enormous number of statutes enacted at various points in time to determine which portions are still in effect. The solution adopted in many countries
207-514: Is to ensure that the border function remains strong within the new Department. The Act is similar to the Intelligence Reform and Terrorism Prevention Act (IRTPA) in reorganizing and centralizing Federal security functions to meet post–Cold War threats and challenges. Like IRTPA, there are some inherent contradictions in the bill not solved by reorganization. These reflect compromises with other committees needed to secure passage, but
230-473: Is to organize existing statutory law in topical arrangements (or "codified" ) within publications called codes , then ensure that new statutes are consistently drafted so that they add, amend, repeal or move various code sections. In turn, in theory, the code will thenceforth reflect the current cumulative state of the statutory law in that jurisdiction. In many nations statutory law is distinguished from and subordinate to constitutional law . The term statute
253-430: The 111th United States Congress . Public laws are also often abbreviated as Pub. L. No. X–Y. When the legislation of those two kinds are proposed, it is called public bill and private bill respectively. The word "act", as used in the term "act of Congress", is a common, not a proper noun . The capitalization of the word "act" (especially when used standing alone to refer to an act mentioned earlier by its full name)
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#1732765109083276-690: The United States Department of Homeland Security and the new cabinet-level position of Secretary of Homeland Security . It is the largest federal government reorganization since the Department of Defense was created via the National Security Act of 1947 (as amended in 1949). It also includes many of the organizations under which the powers of the USA PATRIOT Act are exercised. The new department assumed
299-464: The autonomous communities of Spain , an autonomy statute is a legal document similar to the constitution of a federated state , save that it is enacted by the national legislature, rather than the autonomous community it governs. The autonomy statutes in Spain have the rank of ley orgánica (organic law), a category of special legislation reserved only for the main institutions and issues and mentioned in
322-621: The Constitution may be declared unconstitutional by the courts. A judicial declaration that an act of Congress is unconstitutional does not remove the act from the Statutes at Large or the United States Code; rather, it prevents the act from being enforced. However, the act as published in annotated codes and legal databases is marked with annotations indicating that it is no longer good law. Statute The word "statute"
345-462: The Department of Homeland Security and other purposes. Each title is broken down into several sections, summarized below. The United States Department of Homeland Security (DHS), formed November 25, 2002 through the Homeland Security Act, is a Cabinet department composed of several different divisions that work to protect the United States from domestic and foreign terrorism. It was created as
368-560: The Federal Government with their Emergency Response Plans so that the department can coordinate priorities regionally and nationally. Act of Congress#Public law, private law, designation An act of Congress is a statute enacted by the United States Congress . Acts may apply only to individual entities (called private laws ), or to the general public ( public laws ). For a bill to become an act,
391-463: The general public, or private laws , relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X–Y" or "Private Law X–Y", where X is the number of the Congress and Y refers to the sequential order of the bill (when it was enacted). For example, P. L. 111–5 ( American Recovery and Reinvestment Act of 2009 ) was the fifth enacted public law of
414-588: The law is accomplished by the president, or the relevant presiding officer in the case of an overridden veto, delivering the act to the archivist of the United States . The archivist provides for its publication as a slip law and in the United States Statutes at Large after receiving the act. Thereafter, the changes are published in the United States Code . Through the process of judicial review , an act of Congress that violates
437-480: The preparedness and response to serious incidents, the Act gave DHS broad responsibility to minimize damage but only limited authority to share information and to coordinate the development of private sector best practices . The Homeland Security Act of 2002 is the foundation for many other establishments, including: The Homeland Security Act of 2002 documented under Public Law is divided into 17 titles that establishes
460-574: The result is at times inconsistent or conflicting authorities. For example, the Act identifies the Department of Homeland Security's (DHS) first responsibility as preventing terrorist attacks in the United States; but, the law's language makes clear that investigation and prosecution of terrorism remains with the Federal Bureau of Investigation and assigns DHS only an analytical and advisory role in intelligence activities. Similarly, with Critical Infrastructure Protection (CIP), which relates to
483-474: The specific duties for the EP&;R Directorate. The Homeland Security Act contains several provisions that identify specific duties for the EP&R Directorate. Title V and Title II outline the way the department ensures that the use of intelligence and its own threat analysis of terrorist capabilities are intended to distribute funds to those areas where the terrorist threat is greatest, and that states provide
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#1732765109083506-407: The text must pass through both houses with a majority, then be either signed into law by the president of the United States , be left unsigned for ten days (excluding Sundays) while Congress remains in session, or, if vetoed by the president, receive a congressional override from 2 ⁄ 3 of both houses. In the United States, acts of Congress are designated as either public laws , relating to
529-430: The time limit expires, then the bill automatically becomes an act; however, if the Congress is adjourned at the end of this period, then the bill dies and cannot be reconsidered (see pocket veto ). If the president rejects a bill or resolution while the Congress is in session, a two-thirds vote of both houses of Congress is needed for reconsideration to be successful. Promulgation in the sense of publishing and proclaiming
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