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:

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.

[ Analysis ]
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.
[ Analysis ]
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.
[ Analysis ]

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