Sec. 1. SHORT TITLE; TABLE OF CONTENTS
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## SECTION 1 SHORT TITLE; TABLE OF CONTENTS ###
(a)Short Title **[**[6 U.S.C. 101 note](/us/usc/t6/s101)**]** 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. 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 Subtitle A—Information and analysis; Access to Information Sec. 201. Information and analysis. Sec. 202. Access to information. Sec. 203. Homeland Security Advisory System. Sec. 204. Homeland security information sharing. Sec. 205. Comprehensive information technology network architecture. Sec. 206. Coordination with information sharing environment. Sec. 207. Intelligence components. Sec. 208. Training for employees of intelligence components. Sec. 209. Intelligence training development for State and local government officials. Sec. 210. Information sharing incentives. Sec. 210A. Department of Homeland Security State, Local, and Regional Information Fusion Center Initiative. Sec. 210B. Homeland Security Information Sharing Fellows Program. Sec. 210C. Rural Policing Institute. Sec. 210D. Interagency Threat Assessment and Coordination Group. Sec. 210E. Classified Information Advisory Officer. Sec. 210F. Departmental coordination on counter threats. Sec. 210G. Protection of certain facilities and assets from unmanned aircraft. Subtitle B—Information Security Sec. 221. Procedures for sharing information. Sec. 222. Privacy Officer. Subtitle C—Office of Science and Technology Sec. 231. Establishment of office; Director. Sec. 232. Mission of office; duties. Sec. 233. Definition of law enforcement technology. Sec. 234. Abolishment of Office of Science and Technology of National Institute of Justice; transfer of functions. Sec. 235. National Law Enforcement and Corrections Technology Centers. Sec. 236. Coordination with other entities within Department of Justice. Sec. 237. Amendments relating to National Institute of Justice. TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY Sec. 301. Under Secretary for Science and Technology. Sec. 302. Responsibilities and authorities of the Under Secretary for Science and Technology. Sec. 303. Functions transferred. Sec. 304. Conduct of certain public health-related activities. Sec. 305. Federally funded research and development centers. Sec. 306. Miscellaneous provisions. Sec. 307. Homeland Security Advanced Research Projects Agency. Sec. 308. Conduct of research, development, demonstration, testing and evaluation. Sec. 309. Utilization of Department of Energy national laboratories and sites in support of homeland security activities. Sec. 310. Transfer of Plum Island Animal Disease Center, Department of Agriculture. Sec. 311. Homeland Security Science and Technology Advisory Committee. Sec. 312. Homeland Security Institute. Sec. 313. Technology clearinghouse to encourage and support innovative solutions to enhance homeland security. Sec. 314. Office for Interoperability and Compatibility. Sec. 315. Emergency communications interoperability research and development. Sec. 316. National Biosurveillance Integration Center. Sec. 317. Promoting antiterrorism through international cooperation program. Sec. 318. Social media working group. Sec. 319. Transparency in research and development. Sec. 320. EMP and GMD mitigation research and development and threat assessment, response, and recovery. Sec. 321. Countering Unmanned Aircraft Systems Coordinator. Sec. 322. National Urban Security Technology Laboratory. Sec. 323. Chemical Security Analysis Center. TITLE IV—BORDER, MARITIME, AND TRANSPORTATION SECURITY Subtitle A—Border, Maritime, and Transportation Security Responsibilities and Functions **[** Sec. 401 repealed by section 802(g)(3)(C) of Public Law 114–125. **]** Sec. 402. Responsibilities. Sec. 403. Functions transferred. Sec. 404. Surface Transportation Security Advisory Committee. Sec. 405. Ombudsman for Immigration Detention. Subtitle B—U.S. Customs and Border Protection Sec. 411. Establishment of U.S. Customs and Border Protection; Commissioner, Deputy Commissioner, and operational offices. Sec. 412. Retention of customs revenue functions by Secretary of the Treasury. Sec. 413. Preservation of customs funds. Sec. 414. Separate budget request for customs. Sec. 415. Definition. Sec. 416. Protection against potential synthetic opioid exposure. Sec. 417. Allocation of resources by the Secretary. Sec. 418. Asia-Pacific Economic Cooperation Business Travel Cards. Sec. 419. Customs user fees. Subtitle C—Miscellaneous Provisions Sec. 421. Transfer of certain agricultural inspection functions of the Department of Agriculture. Sec. 422. Functions of Administrator of General Services. Sec. 423. Functions of Transportation Security Administration. Sec. 424. Preservation of Transportation Security Administration as a distinct entity. Sec. 425. Explosive detection systems. Sec. 426. Transportation security. Sec. 427. Coordination of information and information technology. Sec. 428. Visa issuance. Sec. 429. Information on visa denials required to be entered into electronic data system. Sec. 430. Office for Domestic Preparedness. Sec. 431. Office of Cargo Security Policy. Sec. 432. Border Enforcement Security Task Force. Sec. 433. Prevention of international child abduction. Sec. 434. Department of Homeland Security Blue Campaign. Sec. 435. Maritime operations coordination plan. Sec. 436. Maritime security capabilities assessments. Subtitle D—Immigration Enforcement Functions Sec. 441. Transfer of functions. Sec. 442. U.S. Immigration and Customs Enforcement. Sec. 443. Professional responsibility and quality review. Sec. 444. Employee discipline. Sec. 445. Report on improving enforcement functions. Sec. 446. Sense of Congress regarding construction of fencing near San Diego, California. Sec. 447. Homeland Security Investigations Victim Assistance Program. Subtitle E—Citizenship and Immigration Services Sec. 451. Establishment of Bureau of Citizenship and Immigration Services. Sec. 452. Citizenship and Immigration Services Ombudsman. Sec. 453. Professional responsibility and quality review. Sec. 454. Employee discipline. Sec. 455. Effective date. Sec. 456. Transition. Sec. 457. Funding for citizenship and immigration services. Sec. 458. Backlog elimination. Sec. 459. Report on improving immigration services. Sec. 460. Report on responding to fluctuating needs. Sec. 461. Application of Internet-based technologies. Sec. 462. Children's affairs. Subtitle F—General Immigration Provisions Sec. 471. Abolishment of INS. Sec. 472. Voluntary separation incentive payments. Sec. 473. Authority to conduct a demonstration project relating to disciplinary action. Sec. 474. Sense of Congress. Sec. 475. Director of Shared Services. Sec. 476. Separation of funding. Sec. 477. Reports and implementation plans. Sec. 478. Immigration functions. Subtitle G—U.S. Customs and Border Protection Public Private Partnerships Sec. 481. Fee agreements for certain services at ports of entry. Sec. 482. Port of entry donation authority. Sec. 483. Current and proposed agreements. Sec. 484. Definitions. TITLE V—NATIONAL EMERGENCY MANAGEMENT Sec. 501. Definitions. Sec. 502. Definition. Sec. 503. Federal Emergency Management Agency. Sec. 504. Authorities and responsibilities. Sec. 505. Functions transferred. Sec. 506. Preserving the Federal Emergency Management Agency. Sec. 507. Regional Offices. Sec. 508. National Advisory Council. Sec. 509. National Integration Center. Sec. 510. Credentialing and typing. Sec. 511. The National Infrastructure Simulation and Analysis Center. Sec. 512. Evacuation plans and exercises. Sec. 513. Disability Coordinator. Sec. 514. Department and Agency officials. Sec. 515. National Operations Center. **[** Sec. 516.was repealed by section 2(c)(3) of Public Law 115–387. **]** Sec. 517. Nuclear incident response. Sec. 518. Conduct of certain public health-related activities. Sec. 519. Use of national private sector networks in emergency response. Sec. 520. Use of commercially available technology, goods, and services. Sec. 521. Procurement of security countermeasures for strategic national stockpile. Sec. 522. Model standards and guidelines for critical infrastructure workers. Sec. 523. Guidance and recommendations. Sec. 524. Voluntary private sector preparedness accreditation and certification program. Sec. 525. Acceptance of gifts. Sec. 526. Integrated public alert and warning system modernization. Sec. 527. National planning and education. Sec. 528. Coordination of Department of Homeland Security efforts related to food, agriculture, and veterinary defense against terrorism. Sec. 529. Transfer of equipment during a public health emergency. TITLE VI—TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS Sec. 601. Treatment of charitable trusts for members of the Armed Forces of the United States and other governmental organizations. TITLE VII—MANAGEMENT Sec. 701. Under Secretary for Management. Sec. 702. Chief Financial Officer. Sec. 703. Chief Information Officer. Sec. 704. Chief Human Capital Officer. Sec. 705. Establishment of Officer for Civil Rights and Civil Liberties. Sec. 706. Consolidation and co-location of offices. Sec. 707. Quadrennial Homeland Security Review. Sec. 708. Joint Task Forces. Sec. 709. Office of Strategy, Policy, and Plans. Sec. 710. Workforce health and medical support. Sec. 711. Employee engagement. Sec. 712. Annual employee award program. Sec. 713. Acquisition professional career program. TITLE VIII—COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS Subtitle A—Coordination with Non-Federal Entities Sec. 801. Office for State and Local Government Coordination. Subtitle B—Inspector General Sec. 811. Authority of the Secretary.11Section 104(c)(1) public law 108-7 repealed section 811 of the Homeland Security Act of 2002. Such law did not strike the item relating to such section in the table of contents. Sec. 812. Law enforcement powers of Inspector General agents. Subtitle C—United States Secret Service Sec. 821. Functions transferred. Sec. 822. National Computer Forensics Institute. Subtitle D—Acquisitions Sec. 831. Research and development projects. Sec. 832. Personal services. Sec. 833. Special streamlined acquisition authority. Sec. 834. Unsolicited proposals. Sec. 835. Prohibition on contracts with corporate expatriates. Sec. 836. Requirements to buy certain items related to national security interests. Subtitle E—Human Resources Management Sec. 841. Establishment of Human Resources Management System. Sec. 842. Labor-management relations. Sec. 843. Use of counternarcotics enforcement activities in certain employee performance appraisals. Sec. 844. Homeland Security Rotation Program. Sec. 845. Homeland Security Education Program. Sec. 846. Rotational cybersecurity research program. Subtitle F—Federal Emergency Procurement Flexibility Sec. 851. Definition. Sec. 852. Procurements for defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack. Sec. 853. Increased simplified acquisition threshold for procurements in support of humanitarian or peacekeeping operations or contingency operations. Sec. 854. Increased micro-purchase threshold for certain procurements. Sec. 855. Application of certain commercial items authorities to certain procurements. Sec. 856. Use of streamlined procedures. Sec. 857. Review and report by Comptroller General. Sec. 858. Identification of new entrants into the Federal marketplace. Subtitle G—Support Anti-terrorism by Fostering Effective Technologies Act of 2002 Sec. 861. Short title. Sec. 862. Administration. Sec. 863. Litigation management. Sec. 864. Risk management. Sec. 865. Definitions. Subtitle H—Miscellaneous Provisions Sec. 871. Advisory committees. Sec. 872. Reorganization. Sec. 873. Use of appropriated funds. Sec. 874. Future Year Homeland Security Program. Sec. 875. Miscellaneous authorities. Sec. 876. Military activities. Sec. 877. Regulatory authority and preemption. Sec. 878. Counternarcotics officer. Sec. 879. Office of International Affairs. Sec. 880. Prohibition of the Terrorism Information and Prevention System. Sec. 881. Review of pay and benefit plans. Sec. 882. Office for National Capital Region Coordination. Sec. 883. Requirement to comply with laws protecting equal employment opportunity and providing whistleblower protections. Sec. 884. Federal Law Enforcement Training Centers. Sec. 885. Joint Interagency Task Force. Sec. 886. Sense of Congress reaffirming the continued importance and applicability of the Posse Comitatus Act. Sec. 887. Coordination with the Department of Health and Human Services under the Public Health Service Act. Sec. 888. Preserving Coast Guard mission performance. Sec. 889. Homeland security funding analysis in President's budget. Sec. 890. Air Transportation Safety and System Stabilization Act. Sec. 890A. Cyber crimes center, child exploitation investigations unit, computer forensics unit, and cyber crimes unit. Sec. 890B. Homeland security critical domain research and development. Sec. 890C. Transnational Criminal Investigative Units. Sec. 890D. Mentor-protégé program. Subtitle I—Information Sharing Sec. 891. Short title; findings; and sense of Congress. Sec. 892. Facilitating homeland security information sharing procedures. Sec. 893. Report. Sec. 894. Authorization of appropriations. Sec. 895. Reciprocal information sharing. Subtitle J—Secure Handling of Ammonium Nitrate Sec. 899A. Definitions. Sec. 899B. Regulation of the sale and transfer of ammonium nitrate. Sec. 899C. Inspection and auditing of records. Sec. 899D. Administrative provisions. Sec. 899E. Theft reporting requirement. Sec. 899F. Prohibitions and penalty. Sec. 899G. Protection from civil liability. Sec. 899H. Preemption of other laws. Sec. 899I. Deadlines for regulations. Sec. 899J. Authorization of appropriations. TITLE IX—NATIONAL HOMELAND SECURITY COUNCIL Sec. 901. National Homeland Security Council. Sec. 902. Function. Sec. 903. Membership. Sec. 904. Other functions and activities. Sec. 905. Staff composition. Sec. 906. Relation to the National Security Council. TITLE X—INFORMATION SECURITY Sec. 1001. Information security. Sec. 1002. Management of information technology. Sec. 1003. National Institute of Standards and Technology. Sec. 1004. Information Security and Privacy Advisory Board. Sec. 1005. Technical and conforming amendments. Sec. 1006. Construction. TITLE XI—DEPARTMENT OF JUSTICE DIVISIONS Subtitle A—Executive Office for Immigration Review Sec. 1101. Legal status of EOIR. Sec. 1102. Authorities of the Attorney General. Sec. 1103. Statutory construction. Subtitle B—Transfer of the Bureau of Alcohol, Tobacco and Firearms to the Department of Justice Sec. 1111. Bureau of Alcohol, Tobacco, Firearms, and Explosives. Sec. 1112. Technical and conforming amendments. Sec. 1113. Powers of agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Sec. 1114. Explosives training and research facility. Sec. 1115. Personnel management demonstration project. Subtitle C—Explosives Sec. 1121. Short title. Sec. 1122. Permits for purchasers of explosives. Sec. 1123. Persons prohibited from receiving or possessing explosive materials. Sec. 1124. Requirement to provide samples of explosive materials and ammonium nitrate. Sec. 1125. Destruction of property of institutions receiving Federal financial assistance. Sec. 1126. Relief from disabilities. Sec. 1127. Theft reporting requirement. Sec. 1128. Authorization of appropriations. TITLE XII—AIRLINE WAR RISK INSURANCE LEGISLATION Sec. 1201. Air carrier liability for third party claims arising out of acts of terrorism. Sec. 1202. Extension of insurance policies. Sec. 1203. Correction of reference. Sec. 1204. Report. TITLE XIII—FEDERAL WORKFORCE IMPROVEMENT Subtitle A—Chief Human Capital Officers Sec. 1301. Short title. Sec. 1302. Agency Chief Human Capital Officers. Sec. 1303. Chief Human Capital Officers Council. Sec. 1304. Strategic human capital management. Sec. 1305. Effective date. Subtitle B—Reforms Relating to Federal Human Capital Management Sec. 1311. Inclusion of agency human capital strategic planning in performance plans and programs performance reports. Sec. 1312. Reform of the competitive service hiring process. Sec. 1313. Permanent extension, revision, and expansion of authorities for use of voluntary separation incentive pay and voluntary early retirement. Sec. 1314. Student volunteer transit subsidy. Subtitle C—Reforms Relating to the Senior Executive Service Sec. 1321. Repeal of recertification requirements of senior executives. Sec. 1322. Adjustment of limitation on total annual compensation. Subtitle D—Academic Training Sec. 1331. Academic training. Sec. 1332. Modifications to National Security Education Program. Sec. 1333. Intelligence and cybersecurity diversity fellowship program. TITLE XIV—ARMING PILOTS AGAINST TERRORISM Sec. 1401. Short title. Sec. 1402. Federal Flight Deck Officer Program. Sec. 1403. Crew training. Sec. 1404. Commercial airline security study. Sec. 1405. Authority to arm flight deck crew with less-than-lethal weapons. Sec. 1406. Technical amendments. TITLE XV—TRANSITION Subtitle A—Reorganization Plan Sec. 1501. Definitions. Sec. 1502. Reorganization plan. Sec. 1503. Review of congressional committee structures. Subtitle B—Transitional Provisions Sec. 1511. Transitional authorities. Sec. 1512. Savings provisions. Sec. 1513. Terminations. Sec. 1514. National identification system not authorized. Sec. 1515. Continuity of Inspector General oversight. Sec. 1516. Incidental transfers. Sec. 1517. Reference. TITLE XVI—TRANSPORTATION SECURITY Subtitle A—General Provisions Sec. 1601. Definitions. Subtitle B—Transportation Security Administration Acquisition Improvements Sec. 1611. 5-year technology investment plan. Sec. 1612. Acquisition justification and reports. Sec. 1613. Acquisition baseline establishment and reports. Sec. 1614. Inventory utilization. Sec. 1615. Small business contracting goals. Sec. 1616. Consistency with the Federal acquisition regulation and departmental policies and directives. Sec. 1617. Diversified security technology industry marketplace. Subtitle C—Maintenance of security-related technology Sec. 1621. Maintenance validation and oversight. TITLE XVII—CONFORMING AND TECHNICAL AMENDMENTS Sec. 1701. Inspector General Act of 1978. Sec. 1702. Executive Schedule. Sec. 1703. United States Secret Service. Sec. 1704. Coast Guard. Sec. 1705. Strategic national stockpile and smallpox vaccine development. Sec. 1706. Transfer of certain security and law enforcement functions and authorities. Sec. 1707. Transportation security regulations. Sec. 1708. National Bio-Weapons Defense Analysis Center. Sec. 1709. Collaboration with the Secretary of Homeland Security. Sec. 1710. Railroad safety to include railroad security. Sec. 1711. Hazmat safety to include hazmat security. Sec. 1712. Office of Science and Technology Policy. Sec. 1713. National Oceanographic Partnership Program. Sec. 1714. Clarification of definition of manufacturer. Sec. 1715. Clarification of definition of vaccine-related injury or death. Sec. 1716. Clarification of definition of vaccine. Sec. 1717. Effective date. TITLE XVIII—EMERGENCY COMMUNICATIONS Sec. 1801. Emergency Communications Division. Sec. 1802. National Emergency Communications Plan. Sec. 1803. Assessments and reports. Sec. 1804. Coordination of Federal emergency communications grant programs. Sec. 1805. Regional emergency communications coordination. Sec. 1806. Emergency Communications Preparedness Center. Sec. 1807. Urban and other high risk area communications capabilities. Sec. 1808. Definition. Sec. 1809. Interoperable Emergency Communications Grant Program. Sec. 1810. Border interoperability demonstration project. TITLE XIX—COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE Sec. 1900. Definitions. Subtitle A—Countering Weapons of Mass Destruction Office Sec. 1901. Countering Weapons of Mass Destruction Office. Subtitle B—Mission of the Office Sec. 1921. Mission of the Office. Sec. 1922. Relationship to other Department components and Federal agencies. Sec. 1923. Responsibilities. Sec. 1924. Hiring authority. Sec. 1925. Testing authority. Sec. 1926. Contracting and grant making authorities. Sec. 1927. Joint annual interagency review of global nuclear detection architecture. Sec. 1928. Securing the Cities program. Subtitle C—Chief Medical Officer Sec. 1931. Chief Medical Officer. Sec. 1932. Medical countermeasures. TITLE XX—HOMELAND SECURITY GRANTS Sec. 2001. Definitions. Subtitle A—Grants to States and High-Risk Urban Areas Sec. 2002. Homeland Security Grant Programs. Sec. 2003. Urban Area Security Initiative. Sec. 2004. State Homeland Security Grant Program. Sec. 2005. Grants to directly eligible tribes. Sec. 2006. Terrorism prevention. Sec. 2007. Prioritization. Sec. 2008. Use of funds. Sec. 2009. Nonprofit security grant program. Subtitle B—Grants Administration Sec. 2021. Administration and coordination. Sec. 2022. Accountability. Sec. 2023. Identification of reporting redundancies and development of performance metrics. TITLE XXI—CHEMICAL FACILITY ANTI–TERRORISM STANDARDS Sec. 2101. Definitions. Sec. 2102. Chemical Facility Anti-Terrorism Standards Program. Sec. 2103. Protection and sharing of information. Sec. 2104. Civil enforcement. Sec. 2105. Whistleblower protections. Sec. 2106. Relationship to other laws. Sec. 2107. CFATS regulations. Sec. 2108. Small covered chemical facilities. Sec. 2109. Outreach to chemical facilities of interest. TITLE XXII—CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY Sec. 2200. Definitions. Subtitle A—Cybersecurity and Infrastructure Security Sec. 2201. Definition. Sec. 2202. Cybersecurity and Infrastructure Security Agency. Sec. 2203. Cybersecurity Division. Sec. 2204. Infrastructure Security Division. Sec. 2205. Enhancement of Federal and non-Federal cybersecurity. Sec. 2206. Net guard. Sec. 2207. Cyber Security Enhancement Act of 2002. Sec. 2208. Cybersecurity recruitment and retention. Sec. 2209. National cybersecurity and communications integration center. Sec. 2210. Cybersecurity plans. Sec. 2211. Cybersecurity strategy. Sec. 2212. Clearances. Sec. 2213. Federal intrusion detection and prevention system. Sec. 2214. National Asset Database. Sec. 2215. Duties and authorities relating to .gov internet domain. Sec. 2216. Joint cyber planning office. Sec. 2217. Cybersecurity State Coordinator. Sec. 2218. Sector Risk Management Agencies. Sec. 2219. Cybersecurity Advisory Committee. Sec. 2220. Cybersecurity Education and Training Programs. Sec. 2220A. State and Local Cybersecurity Grant Program. Sec. 2220B. National cyber exercise program. Sec. 2220C. CyberSentry program. Sec. 2220D. Federal Clearinghouse on School Safety Evidence-based Practices. Sec. 2220E. Industrial Control Systems Cybersecurity Training Initiative. Subtitle B—Critical Infrastructure Information Sec. 2221. Short title. Sec. 2222. Definitions. Sec. 2223. Designation of critical infrastructure protection program. Sec. 2224. Protection of voluntarily shared critical infrastructure information. Subtitle C—Declaration of a significant incident Sec. 2231. Sense of congress. Sec. 2232. Definitions. Sec. 2233. Declaration. Sec. 2234. Cyber response and recovery fund. Sec. 2235. Notification and reporting. Sec. 2236. Rule of construction. Sec. 2237. Authorization of appropriations. Sec. 2238. Sunset. Subtitle D—Cyber Incident Reporting Sec. 2240. Definitions. Sec. 2241. Cyber Incident Review. Sec. 2242. Required reporting of certain cyber incidents. Sec. 2243. Voluntary reporting of other cyber incidents. Sec. 2244. Noncompliance with required reporting. Sec. 2245. Information shared with or provided to the Federal Government. Sec. 2246. Cyber Incident Reporting Council.
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SHORT TITLE; TABLE OF CONTENTS
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