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A BILL To establish a Department of Homeland Security, and for other purposes. _______________________________ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.-This Act may be cited as the "Homeland Security Act of 2002". (b) TABLE OF CONTENTS.-The table of contents for this Act is as follows:
    Entire Text of the Homeland Security Act of 2002 [ PDF format ]
    Analysis for the Homeland Security Act of 2002 [ HTML format | PDF format ]
 
    Sec. 1. Short title; table of contents.
    Sec. 2. Definitions.
    Sec. 3. Construction; severability.
    Sec. 4. Effective date.

TITLE I — DEPARTMENT OF HOMELAND SECURITY
    Sec. 101. Executive department; mission.
    Sec. 102. Secretary; functions.
    Sec. 103. Other officers.

TITLE II — INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
    Sec. 201. Under Secretary for Information Analysis and Infrastructure Protection.
    Sec. 202. Functions transferred.
    Sec. 203. Access to information.
    Sec. 204. Information voluntarily provided.

TITLE III — CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR COUNTERMEASURES
    Sec. 301. Under Secretary for Chemical, Biological, Radiological, and Nuclear Countermeasures.
    Sec. 302. Functions transferred.
    Sec. 303. Conduct of certain public health-related activities.
    Sec. 304. Military activities.

TITLE IV — BORDER AND TRANSPORTATION SECURITY
    Sec. 401. Under Secretary for Border and Transportation Security.
    Sec. 402. Functions transferred.
    Sec. 403. Visa issuance.

TITLE V — EMERGENCY PREPAREDNESS AND RESPONSE
    Sec. 501. Under Secretary for Emergency Preparedness and Response.
    Sec. 502. Functions transferred.
    Sec. 503. Nuclear incident response.
    Sec. 504. Definition.
    Sec. 505. Conduct of certain public health-related activities.

TITLE VI — MANAGEMENT
    Sec. 601. Under Secretary for Management.
    Sec. 602. Chief Financial Officer.
    Sec. 603. Chief Information Officer.

TITLE VII — COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; GENERAL PROVISIONS
Subtitle A — Coordination with Non-Federal Entities
    Sec. 701. Responsibilities.
Subtitle B — Inspector General
    Sec. 710. Authority of the Secretary.
Subtitle C — United States Secret Service
    Sec. 720. Functions transferred.
Subtitle D — General Provisions
    Sec. 730. Establishment of human resources management system.
    Sec. 731. Advisory committees.
    Sec. 732. Acquisitions; property.
    Sec. 733. Reorganization; transfer.
    Sec. 734. Miscellaneous provisions.
    Sec. 735. Authorization of appropriations.

TITLE VIII — TRANSITION
    Sec. 801. Definitions.
    Sec. 802. Transfer of agencies.
    Sec. 803. Transitional authorities.
    Sec. 804. Savings provisions.
    Sec. 805. Terminations.
    Sec. 806. Incidental transfers.

TITLE IX — CONFORMING AND TECHNICAL AMENDMENTS
    Sec. 901. Inspector General Act.
    Sec. 902. Executive Schedule.
    Sec. 903. United States Secret Service.
    Sec. 904. Coast Guard.
    Sec. 905. Strategic National Stockpile and smallpox vaccine development.
    Sec. 906. Select agent registration.
    Sec. 907. National Bio-Weapons Defense Analysis Center.
SEC. 2. DEFINITIONS. Unless the context clearly indicates otherwise, the following shall apply for purposes of this Act: (1) 'American homeland' or 'homeland' means the United States, in a geographic sense; (2) 'Assets' includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel); (3) 'Department' means the Department of Homeland Security; (4) 'Emergency response providers' includes Federal, State, and local government emergency public safety, law enforcement, emergency response, emergency medical, and related personnel, agencies, and authorities; (5) 'Executive agency' means an executive agency and a military department, as defined, respectively, in sections 105 and 102 of title 5, United States Code; (6) 'Functions' includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, responsibilities, and obligations; (7) 'Local government' has the meaning given in section 102(6) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288; (8) 'Major disaster' has the meaning given in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288; (9) 'Personnel' means officers and employees; (10) 'Secretary' means the Secretary of Homeland Security; and (11) 'United States', when used in a geographic sense, means any State (within the meaning of section 102(4) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288), any possession of the United States, and any waters within the jurisdiction of the United States.

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SEC. 3. CONSTRUCTION; SEVERABILITY. Any provision of this Act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this Act and shall not affect the remainder thereof, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.

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SEC. 4. EFFECTIVE DATE. This Act shall take effect thirty days after the date of enactment or, if enacted within thirty days before January 1, 2003, on January 1, 2003.

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