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Homeland Security Act of 2002

From lawbrain.com

Responding to the September 11th, 2001 attacks, the 107th Congress passed the Homeland Security Act of 2002, which became Public Law No: 107-296, "to establish the Department of Homeland Security, and for other purposes."[1]

The act has 17 titles, the major provisions of which are discussed below:


Title I: Department of Homeland Security

Establishes a Department of Homeland Security (DHS) as an executive department of the United States. The DHS is headed by a Secretary of Homeland Security, who is appointed by the President, with the advice and consent of the Senate. Some of the key charters of the DHS are to prevent terrorist attacks within the US, reduce the vulnerability of the US to such attacks, minimize the damage and assist in the recovery from such attacks, and ensure the overall economic security of the US. 

Title II: Information Analysis and Infrastructure Protection

Creates a Directorate for Information Analysis and Infrastructure Protection, whose primary responsibilities are collation, integration, analysis and dissemination of intelligence information from/to different law enforcement agencies and private sector, development of a comprehensive national plan for securing key US resources and critical infrastructure and administration of the Homeland Security Advisory System.

Creates an Office of Science and Technology within the Department of Justice (DOJ) whose mission is to serve as a focal point for work on law enforcement technology; to carry out R&D, testing, evaluation and analysis of technologies used by federal, state, local law enforcement in the US.

Title III: Science and Technology in Support of Homeland Security

Establishes a Directorate of Science and Technology within the DHS to oversee R&D efforts and priorities in support of DHS missions.

Title IV: Directorate of Border and Transportation Safety

Establishes a Directorate of Border and Transportation Safety in the DHS for preventing the entry of terrorists and instruments of terrorism in the US; securing the borders, territorial waters, ports, terminals, waterways; carrying out immigration enforcement functions; establishing and adminstering rules governing the granting of visas; establishing national immigration enforcement policies and priorities; administering customs laws;  and ensuring the speedy, orderly and efficient flow of lawful traffic and commerce.

Transfers most of the functions of the Customs from the Department of  Revenue to the DHS, into the U.S. Customs Service.
Creates a Bureau of Citizenship and Immigration Services (BCIS) in the DHS.

Abolishes the Immigration and Naturalization Service (INS).

Title V: Emergency Preparedness and Response

Establishes a Directorate of Emergency Preparedness and Response in the DHS. Transfers to the this directorate the functions, personnel, assets and liabilities of Federal Emergency Management Agency (FEMA), Integrated Hazard Information System of National Oceanic and Atmospheric Agency (NOAA), the National Domestic Preparedness Office of the FBI, Domestic Emergency Support Teams of DOJ, the Office of Emergency Preparedness, the National Disaster Medical System, and the Metropolitan Medical Response System of Health and Human Services (HHS), and the Strategic National Stockpile of HHS.

Title IX: National Homeland Security Council

Establishes the National Homeland Security Council within the Office of the President to make recommendations to the President with regard to homeland security objectives, risks and policies.

Title XI: Department of Justice Divisions

Executive Office for Immigration Review (EOIR) established within the DOJ which is subject to the direction and regulation fo the Attorney General under the Immigration and Naturalization Act (INA).

Transfer of the Bureau of Alcohol, Tobacco and Firearms to the DOJ under a new bureau called the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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  1. H.R.5005


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