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ANALYSIS FOR THE HOMELAND SECURITY ACT OF 2002

Section 1. Short title; table of contents.

Short title

This section provides a short title and a table of contents for the bill. The bill's short title is the "Homeland Security Act of 2002."

Table of Contents

    Entire Analysis for the Homeland Security Act of 2002 [ PDF format ]
    Text of 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.

Text of Bill ]

Section 2. Definitions.

This section provides definitions for a number of terms used in the bill. As provided in the definitions, "Department" in the bill refers to the Department of Homeland Security, and "Secretary" refers to the Secretary of Homeland Security. Other important defined terms are "assets" and "functions," which are used recurrently in the bill in referring to the resources and operations that are to be transferred to the new Department of Homeland Security.

Many of the definitions in the section are borrowed from pre-existing statutes, such as the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288. Among such borrowed definitions are that of "State," which includes the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and that of "local government," which includes all non-federal public entities and Indian tribes and tribal and Alaska Native organizations and villages. Another borrowed definition is that of "major disaster," which includes both natural disasters and severe fires, floods, and explosions, regardless of cause.

Text of Bill ]

Section 3. Construction; severability.

This section, modeled on existing law, provides an express rule of construction and severability for the bill.

Text of Bill ]

Section 4. Effective date.

This section specifies an effective date for the bill, which is thirty days following enactment or, if enacted within thirty days before January 1, 2003, on January 1, 2003.

Text of Bill ]