Homeland Security: A Topical Comparison of H.R. 5710 with H.R. 5005

Order Code RL31639

Report for Congress

Received through the CRS Web

Homeland Security:

A Topical Comparison of H.R. 5710 with H.R. 5005

Updated November 21, 2002

Sharon S. Gressle

Specialist in American National Government

Government and Finance Division

Congressional Research Service ˜ The Library of Congress

Homeland Security: A Topical Comparison of

H.R. 5710 with H.R. 5005

Summary

H.R. 5710 was introduced as a new vehicle for consideration of the proposal to

establish a Department of Homeland Security, and for other purposes. H.R. 5005,

a smaller bill, was previously passed by the House. On November 19, 2002, the

Senate amended H.R. 5005, incorporating the provisions virtually identical to H.R.

5710. The House, on November 22, will consider H.R. 5005, as passed by the

Senate, and is expected to adopt that language. The differences in the two versions

are relatively few and are technical in nature.

On November 13, 2002, the House adopted H.Res. 600, as amended, a closed

rule governing the consideration of H.R. 5710. Only one amendment was allowed

under the rule (a definition change at Section 2(10)). House passage of H.R. 5710

came during the evening on a vote of 299-121 (Roll no. 477).

The Senate version is the text of Senate Amendment 4901, offered by Senator

Thompson to H.R. 5005. Senate Amendments 4911 and 4983 were considered and

rejected. Senate passage of H.R. 5005, on November 19, 2002, came on a vote of

90-9 (Record Vote No. 249).

The original purpose of this report was to provide an alignment of the sections

H.R. 5005, as passed by the House and H.R. 5710, as passed by the House to show

where the major similarities and differences were in terms of subjects addressed.

Since the Senate has now passed H.R. 5005 and it is virtually identical to H.R. 5710,

the report serves to demonstrate the expansion of the legislation which will prevail

with that sent by the House to the Senate earlier this year.

A series of reports discussing the provisions of the bills as passed can be found

o n

t h e

C R S

W e b

p a g e

a t

[http://www.crs.gov/products/browse/is-homelandsecurity.shtml] and by accessing

the listing of CRS products through the Legislative Information System (LIS) at H.R.

5710. The comparison between H.R. 5005, as passed, and one of the pending Senate

substitutes in CRS Report RL31513 includes content discussion of most of the

provisions. Contact information for CRS analysts who work in specific related

subject areas can be accessed online from the CRS Web page, which is available at

[http://www.crs.gov/experts/experts-dhs.shtml].

Contents

H.R. 5710, As Introduced in the House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Title I. Department of Homeland Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Title II. Information Analysis and Infrastructure Protection . . . . . . . . . . . . . . . . 2

Subtitle A – Directorate for Information Analysis and Infrastructure

Protection; Access to Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Subtitle C. Information Security. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Subtitle B. Critical Infrastructure Information . . . . . . . . . . . . . . . . . . . . . . . 3

Subtitle D – Office of Science and Technology . . . . . . . . . . . . . . . . . . . . . . 3

Title III – Science and Technology in Support of Homeland Security . . . . . . . . . 4

Title IV – Directorate of Border and Transportation Security . . . . . . . . . . . . . . . 5

Subtitle A – Under Secretary for Border and Transportation Security . . . . . 5

Subtitle B – United States Customs Service . . . . . . . . . . . . . . . . . . . . . . . . . 5

Subtitle C – Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Subtitle D – Immigration Enforcement Functions . . . . . . . . . . . . . . . . . . . . . 6

Subtitle E – Citizenship and Immigration Services . . . . . . . . . . . . . . . . . . . . 7

Subtitle F – General Immigrations Provisions . . . . . . . . . . . . . . . . . . . . . . . . 7

(Title IV) Subtitle B – United States Customs Service . . . . . . . . . . . . . . . . . 7

Title V – Emergency Preparedness and Response . . . . . . . . . . . . . . . . . . . . . . . . . 8

Title VI – Treatment of charitable Trusts for Members of the Armed Forces

of the United States and Other Governmental Organizations . . . . . . . . . . . . 9

Title VII – Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Title VIII – Coordination with Non-Federal Entities; Inspector General;

United States Secret Service; Coast Guard; General Provisions . . . . . . . . . 10

Subtitle A – Coordination with Non-Federal Entities . . . . . . . . . . . . . . . . . 10

Subtitle B – Inspector General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Subtitle C – United States Secret Service . . . . . . . . . . . . . . . . . . . . . . . . . . 10

(Title II) Subtitle B – Critical Infrastructure Information . . . . . . . . . . . . . . 10

Subtitle D – Acquisitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Subtitle E – Human Resources Management . . . . . . . . . . . . . . . . . . . . . . . 11

Subtitle F – Federal Emergency Procurement Flexibility . . . . . . . . . . . . . . 11

Subtitle G – Support Anti-Terrorism by Fostering Effective Technologies

Act of 2002 (SAFETY Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Subtitle E – Human Resources Management . . . . . . . . . . . . . . . . . . . . . . . 12

Subtitle H – Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Subtitle I – Information Sharing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Title IX – National Homeland Security Council . . . . . . . . . . . . . . . . . . . . . . . . . 15

Title X – Information Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Title XI. Department of Justice Divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Subtitle A – Executive Office for Immigration Review . . . . . . . . . . . . . . . 15

Subtitle B – Transfer of the Bureau of Alcohol, Tobacco, and Firearms

to the Department of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Subtitle C – Explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Title XII – Airline War Risk Insurance Legislation . . . . . . . . . . . . . . . . . . . . . . 17

Title XIII - Federal Workforce Improvement . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Subtitle A – Chief Human Capital Officers . . . . . . . . . . . . . . . . . . . . . . . . . 17

Subtitle B – Reforms Relating to Federal Human Capital Management . . . 17

Subtitle C – Reforms Relating to the Senior Executive Service . . . . . . . . . 18

Subtitle D – Academic Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Title XIV – Arming Pilots Against Terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Title XV – Transition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Subtitle A – Reorganization Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Subtitle B – Transitional Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Title XVI – Corrections to Existing Law Relating to Airline Transportation

Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Title XVII – Conforming and Technical Amendments . . . . . . . . . . . . . . . . . . . . 20

Title IX – National Homeland Security Council . . . . . . . . . . . . . . . . . . . . . . . . . 22

Title X – Information Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Homeland Security: A Topical Comparison

of H.R. 5710 with H.R. 5005

H.R. 5710 was introduced as a new vehicle for consideration of the proposal to

establish a Department of Homeland Security, and for other purposes. H.R. 5005,

a smaller bill, was previously passed by the House. On November 19, 2002, the

Senate amended H.R. 5005, incorporating the provisions virtually identical to H.R.

5710. The House, on November 22, will consider H.R. 5005, as passed by the

Senate, and is expected to adopt that language. The differences in the two versions

are relatively few and are technical in nature.

On November 13, 2002, the House adopted H. Res. 600, as amended, a closed

rule governing the consideration of H.R. 5710. Only one amendment was allowed

under the rule (a definition change at Section 2(10)). House passage of H.R. 5710

came during the evening on a vote of 299-121 (Roll no. 477).

The Senate version is the text of Senate Amendment 4901, offered by Senator

Thompson to H.R. 5005. Senate Amendments 4911 and 4983 were considered and

rejected. Senate passage of H.R. 5005, on November 19, 2002, came on a vote of

90-9 (Record Vote No. 249).

The original purpose of this report was to provide an alignment of the sections

H.R. 5005, as passed by the House and H.R. 5710, as passed by the House to show

where the major similarities and differences were in terms of subjects addressed.

Since the Senate has now passed H.R. 5005 and it is virtually identical to H.R. 5710,

the report serves to demonstrate the expansion of the legislation which will prevail

with that sent by the House to the Senate earlier this year.

A series of reports discussing the provisions of the bills as passed can be found

o n

t h e

C R S

W e b

p a g e

a t

[http://www.crs.gov/products/browse/is-homelandsecurity.shtml] and by accessing

the listing of CRS products through the Legislative Information System (LIS) at H.R.

5710. The comparison between H.R. 5005, as passed, and one of the pending Senate

substitutes in CRS Report RL31513 includes content discussion of most of the

provisions. Contact information for CRS analysts who work in specific related

subject areas can be accessed online from the CRS Web page, which is available at

[http://www.crs.gov/experts/experts-dhs.shtml].

CRS-2

H.R. 5005, As

Passed the House

H.R. 5710, As

Introduced in the House

Sec. 1. Short title; table of contents

Sec. 1. Short title; table of contents

Sec. 2. Definitions

Sec. 2. Definitions

Sec. 3. Construction; severability

Sec. 3. Construction; severability

Sec. 4. Effective date

Sec. 4. Effective date

Title I. Department of

Homeland Security

Title I. Department of

Homeland Security

Sec. 101. Executive department;

mission

Sec. 101. Executive department;

mission

Sec. 102. Secretary; functions

Sec. 102. Secretary; functions

Sec. 103. Other officers

Sec. 103. Other officers

Sec. 104. National Council of First

Responders

Title II. Information

Analysis and

Infrastructure

Protection

Title II. Information

Analysis and

Infrastructure

Protection

Subtitle A – Under

Secretary for Information

Analysis and Infrastructure

Protection

Subtitle A – Directorate for

Information Analysis and

Infrastructure Protection;

Access to Information

Sec. 201. Under Secretary

Sec. 201. Directorate for Information

Analysis and Infrastructure Protection

Sec. 202. Functions transferred

Sec. 201.(g) Functions transferred

Sec. 203. Access to information

Sec. 202. Access to information

Sec. 204. Procedures for sharing

information

Sec. 221. Procedures for sharing

information

CRS-3

H.R. 5005, As

Passed the House

Sec. 205. Privacy Officer

H.R. 5710, As

Introduced in the House

Sec. 222. Privacy Officer

Sec. 206. Federal Cybersecurity

Program

Sec. 207. Enhancement of nonfederal cybersecurity

Sec. 223. Enhancement of nonfederal cybersecurity

Sec. 225. Cyber Security

Enhancement Act of 2002

Sec. 208. Information security

Subtitle C. Information

Security. [Secs. 221-224]

See Title VII, Subtitle C

[Sec. 721 -725]

Subtitle B. Critical

Infrastructure Information

[Secs. 211-215]

Subtitle B. Intelligence

Analysis Center

Sec. 211. Intelligence Analysis

Center

Sec. 212. Mission of the Intelligence

Analysis Center

Sec. 213. Net Guard

Sec. 224. Net Guard

Subtitle D – 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

CRS-4

H.R. 5005, As

Passed the House

H.R. 5710, As

Introduced in the House

Sec. 236. Coordination with other

entities within Department of Justice

Sec. 237. Amendments relating to

National Institute of Justice

Title III – Under

Secretary for Science

and Technology

Title III – Science and

Technology in Support

of Homeland Security

Sec. 301. Under Secretary for

Science and Technology

Sec. 301. Under Secretary for

Science and Technology

Sec. 301.

Sec. 302. Responsibilities and

authorities for the Under Secretary for

Science and Technology

Sec. 302. Functions transferred

Sec. 303. Functions transferred

Sec. 303. Conduct of certain public

health-related activities

Sec. 304. Conduct of certain public

health-related activities

Sec. 304. Federally funded research

and development center

Sec. 305. Federally funded research

and development centers

Sec. 305. Miscellaneous provisions

Sec. 306. Miscellaneous provisions

Sec. 306. Homeland Security Science

and Technology Coordination Council

Sec. 307. Homeland Security

Advanced Research Projects Agency

Sec. 307. Conduct of research,

development, demonstration, testing,

and evaluation

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. 308. Transfer of Plum Island

Animal Disease Center, Department

of Agriculture.

Sec. 310. Transfer of Plum Island

Animal Disease Center, Department

of Agriculture

CRS-5

H.R. 5005, As

Passed the House

H.R. 5710, As

Introduced in the House

Sec. 309. Homeland Security Science

and Technology Advisory Committee

Sec. 311. Homeland Security Science

and Technology Advisory Committee

Sec. 310. Homeland Security Institute

Sec. 312. Homeland Security Institute

Sec. 311. Technology clearinghouse

to encourage and support innovative

solutions to enhance homeland

security

Sec. 313. Technology clearinghouse

to encourage and support innovated

solutions to enhance homeland

security

Title IV – Border and

Transportation Security

Title IV – Directorate of

Border and

Transportation Security

Subtitle A – General

Provisions

Subtitle A – Under

Secretary for Border and

Transportation Security

Sec. 401. Under Secretary for Border

and Transportation Security

Sec. 401. Under Secretary for Border

and Transportation Security

[Sec. 401 sets out responsibilities]

Sec. 402. Responsibilities

Sec. 402. Functions transferred

Sec. 403. Functions transferred

See Sections 451-461

Subtitle B – United States

Customs Service [Sec. 411419]

Subtitle C – Miscellaneous

Provisions

[Sec. 421-430]

Sec. 403.

Sec. 428. Visa issuance

Sec. 404. Transfer of certain

agricultural inspection functions of

the Department of Agriculture

Sec. 421. Transfer of certain

agricultural inspection functions of

the Department of Agriculture

Sec. 405. Functions of Administrator

of General Services

Sec. 422. Functions of Administrator

of General Services

Sec. 406. Functions of Transportation

Security Administration

Sec. 423. Functions of Transportation

Security Administration

CRS-6

H.R. 5005, As

Passed the House

Sec. 407. Preservation of

Transportation Security

Administration as a distinct entity

H.R. 5710, As

Introduced in the House

Sec. 424. Preservation of

Transportation Security

Administration as a distinct entity

Sec. 408. Annual assessment of

terrorist-related threats to public

transportation

Sec. 409. Explosive detection

systems

Sec. 425. Explosive detection

systems

Sec. 410. Transportation security

Sec. 426. Transportation security

Sec. 427. Coordination of

information and information

technology

Sec. 429. Information on visa denials

required to be entered into electronic

data system

Sec. 430. Office for Domestic

Preparedness

Note: For the following subtitles and chapters related to immigration policy,

only the headers for the subtitles and chapters are noted and the sections

identified by number.

Subtitle B – Immigration

and Nationality Functions

Chapter 1 – Immigration

Enforcement

Subtitle D – Immigration

Enforcement Functions

Sec. 411-416

Sec. 441-446

CRS-7

H.R. 5005, As

Passed the House

Chapter 2 – Citizenship and

Immigration Services

H.R. 5710, As

Introduced in the House

Subtitle E – Citizenship and

Immigration Services [Sec.

451-462]

Subchapter A – Transfers of

Functions

[Sec. 421-428]

Subchapter B – Other Provisions

[Sec. 431-436]

Chapter 3 – General Provisions

[Sec. 441-446]

Subtitle F – General

Immigrations Provisions

[Sec. 471-478]

(Title IV) Subtitle C – United

States Customs Service

(Title IV) Subtitle B – United

States Customs Service

Sec. 451. Establishment;

Commissioner of Customs

Sec. 411. Establishment;

Commissioner of Customs

Sec. 452. Retention of customs

revenue functions by Secretary of the

Treasury

Sec. 412. Retention of customs

revenue functions by Secretary of the

Treasury

Sec. 453. Establishment and

implementation of cost accounting

system; reports

Sec. 454. Preservation of Customs

funds.

Sec. 413. Preservation of Customs

funds

Sec. 455. Separate budget request for

Customs.

Sec. 414. Separate budget request for

Customs.

Sec. 456. Payment of duties and fees

Sec. 457. Definition; customs

revenue function

Sec. 415. Definition

Sec. 458. GAO report to Congress

Sec. 416. GAO report to Congress

Sec. 459. Allocation of resources by

the Secretary

Sec. 417. Allocation of resources by

the Secretary

Sec. 460. Reports to Congress

Sec. 418. Reports to Congress

Sec. 461. Customs user fees

Sec. 419. Customs user fees

CRS-8

H.R. 5005, As

Passed the House

Title V – Emergency

Preparedness and

Response

Sec. 501. Under Secretary for

Emergency Preparedness and

Response

H.R. 5710, As

Introduced in the House

Title V – Emergency

Preparedness and

Response

Sec. 501. Under Secretary for

Emergency Preparedness and

Response

Sec. 502. Responsibilities

Sec. 502. Functions transferred

Sec. 503. Functions transferred

Sec. 503. Nuclear incident response

Sec. 504. Nuclear incident response

Sec. 504. Definition

Sec. 506. Definition

Sec. 505. Conduct of certain public

health-related activities

Sec. 505. Conduct of certain public

health-related activities

Sec. 506. Role of Federal Emergency

Management Agency

Sec. 507. Role of Federal Emergency

Management Agency

Sec. 507. Sense of Congress

regarding funding of trauma systems

Sec. 508. Use of national private

sector networks in emergency

response

Sec. 509. Use of commercially

available technology, goods, and

services

CRS-9

H.R. 5005, As

Passed the House

H.R. 5710, As

Introduced in the House

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 VI – Management

Title VII – Management

Sec. 601. Under Secretary for

Management

Sec. 701. Under Secretary for

Management

Sec. 602. Chief Financial Officer

Sec. 702. Chief Financial Officer

Sec. 603. Chief Information Officer

Sec. 703. Chief Information Officer

Sec. 704. Chief Human Capital

Officer

Sec. 604. Establishment of Office for

Civil Rights and Civil Liberties

Sec. 705. Establishment of Office for

Civil Rights and Civil Liberties

Sec. 605. Consolidation and colocation of offices

Sec. 706. Consolidation and colocation of offices

CRS-10

H.R. 5005, As

Passed the House

H.R. 5710, As

Introduced in the House

Title VII – Miscellaneous

Title VIII – Coordination

with Non-Federal

Entities; Inspector

General; United States

Secret Service; Coast

Guard; General

Provisions

[see: Sec. 777. Office for State and

Local Government Coordination]

Subtitle A – Coordination

with Non-Federal Entities

Sec. 801. Office for State and Local

Government Coordination

Subtitle A – Inspector

General

Subtitle B – Inspector

General

Sec. 701. Authority of the Secretary

Sec. 811. Authority of the Secretary

Sec. 812. Law enforcement powers

of Inspector General agents.

Subtitle B – United States

Secret Service

Subtitle C – United States

Secret Service

Sec. 711. Functions transferred

Sec. 821. Functions transferred

Subtitle C – Critical

Infrastructure Information

(Title II) Subtitle B – Critical

Infrastructure Information

Sec. 721. Short title

Sec. 211. Short title

Sec. 722. Definitions

Sec. 212. Definitions

Sec. 723. Designation of critical

infrastructure protection program

Sec. 213. Designation of critical

infrastructure protection program

Sec. 724. Protection of voluntarily

shared critical infrastructure

information

Sec. 214. Protection of voluntarily

shared critical infrastructure

information

Sec. 725. No private right of action

Sec. 215. No private right of action

CRS-11

H.R. 5005, As

Passed the House

Subtitle D – Acquisitions

H.R. 5710, As

Introduced in the House

Subtitle D – Acquisitions

Sec. 731. Research and development

projects.

Sec. 831. Research and development

projects

Sec. 732. Personal services

Sec. 832. Personal services

Sec. 733. Special streamlined

acquisition authority

Sec. 833. Special streamlined

acquisition authority

Sec. 734. Procurements from small

business

Sec. 834. Unsolicited proposals

Sec. 735. Prohibition on contracting

with corporate expatriates

Sec. 835. Prohibition on contracts

with corporate expatriates

Subtitle E – Property

Sec. 741. Department headquarters

Subtitle E – Human

Resources Management

[aligns with H.R. 5005, Subtitle G,

sections 761 & 762]

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.

CRS-12

H.R. 5005, As

Passed the House

H.R. 5710, As

Introduced in the House

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 F – Support AntiTerrorism by Fostering

Effective Technologies Act

of 2002 (SAFETY Act)

Subtitle G – Support AntiTerrorism by Fostering

Effective Technologies Act

of 2002 (SAFETY Act)

Sec. 751. Short title

Sec. 861. Short title

Sec. 752. Administration

Sec. 862. Administration

Sec. 753. Litigation management

Sec. 863. Litigation management

Sec. 754. Risk management

Sec. 864. Risk management

Sec. 755. Definitions

Sec. 865. Definitions

Subtitle G – Other

Provisions

Subtitle E – Human

Resources Management

Sec. 761. Establishment of human

resources management system

Sec. 841. Establishment of human

resources management system

Sec. 762. Labor-management

relations

Sec. 842. Labor-management

relations

Subtitle H – Miscellaneous

Provisions

Sec. 763. Advisory committees

Sec. 871. Advisory committees

CRS-13

H.R. 5005, As

Passed the House

Sec. 764. Reorganization; transfer of

appropriations

H.R. 5710, As

Introduced in the House

Sec. 872. Reorganization

Sec. 873. Use of appropriated funds

Sec. 874. Future Year Homeland

Security Program

Sec. 765. Miscellaneous authorities

Sec. 875. Miscellaneous authorities

Sec. 766. Military activities

Sec. 876. Military activities

Sec. 767. Regulatory authority and

preemption

Sec. 877. Regulatory authority and

preemption

Sec. 768. Provisions regarding

transfers from Department of Energy

Sec. 769. Counternarcotics Officer

Sec. 878. Counternarcotics Officer

Sec. 770. Office of International

Affairs

Sec. 879. Office of International

Affairs

Sec. 771. Prohibition of the terrorism

information and prevention system

Sec. 880. Prohibition of the terrorism

information and prevention system

Sec. 772. Review of pay and benefit

plans

Sec. 881. Review of pay and benefit

plans

Sec. 773. Role of the District of

Columbia

Sec. 882. Office for National Capital

Region Coordination

Sec. 774. Transfer of the Federal Law

Enforcement Training Center

Sec. 775. Requirement to comply

with laws protecting equal

employment opportunity and

providing whistleblower protections

Sec. 883. Requirement to comply

with laws protecting equal

employment opportunity and

providing whistleblower protections

Sec. 776. Federal Law Enforcement

Training Center

Sec. 884. Federal Law Enforcement

Training Center

Sec. 777. Office for State and Local

Government Coordination

Sec. 801. Office for State and Local

Government Coordination

Sec. 778. Reporting requirements

Sec. 779. Joint interagency task force

Sec. 885. Joint interagency task force

CRS-14

H.R. 5005, As

Passed the House

H.R. 5710, As

Introduced in the House

Sec. 780. Sense of Congress

reaffirming the continued importance

and applicability of the Posse

Comitatus Act

Sec. 886. Sense of Congress

reaffirming the continued importance

and applicability of the Posse

Comitatus Act

Sec. 781. Air Transportation Safety

and System Stabilization Act

Amendments

Sec. 890. Air Transportation Safety

and Stabilization 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

Subtitle H – Information

Sharing

Subtitle I – Information

Sharing

Sec. 790. Short title

Sec. 891. Short title; findings; and

sense of Congress

Sec. 791. Findings and sense of

Congress

Sec. 792. Facilitating homeland

security information sharing

procedures

Sec. 892. Facilitating homeland

security information sharing

procedures

Sec. 793. Report

Sec. 893. Report

Sec. 794. Authorization of

appropriations

Sec. 894. Authorization of

appropriations

Sec. 795. Authority to share grand

jury information

Sec. 895. Authority to share grand

jury information

Sec. 796. Authority to share

electronic, wire, and oral interception

information

Sec. 896. Authority to share

electronic, wire, and oral interception

information

Sec. 797. Foreign intelligence

information

Sec. 897. Foreign intelligence

information

CRS-15

H.R. 5005, As

Passed the House

H.R. 5710, As

Introduced in the House

Sec. 798. Information acquired from

an electronic surveillance

Sec. 898. Information acquired from

an electronic surveillance

Sec. 799. Information acquired from

a physical search

Sec. 899. Information acquired from

a physical search

Title IX – National

Homeland Security

Council

[see H.R. 5005 Title X]

[See Title XI]

[see also: Sec. 208. Information

Security]

Title X – Information

Security

[See also: H.R. 5005, Title XI and

Sections 221-224]

Title XI. Department of

Justice Divisions

Subtitle A – Executive

Office for Immigration

Review (EOIR)

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

CRS-16

H.R. 5005, As

Passed the House

H.R. 5710, As

Introduced in the House

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.

CRS-17

H.R. 5005, As

Passed the House

H.R. 5710, As

Introduced in the House

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 program

performance reports.

CRS-18

H.R. 5005, As

Passed the House

H.R. 5710, As

Introduced in the House

Sec. 1312. Reform of the competitive

service hiring process.

Section 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.

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 dec

crew with less-than-lethal weapons

CRS-19

H.R. 5005, As

Passed the House

H.R. 5710, As

Introduced in the House

Sec. 1406. Technical amendments

Title VIII – Transition

Title XV – Transition

Subtitle A – Reorganization

Plan

Subtitle A – Reorganization

Plan

Sec. 801. Definitions.

Sec. 1501. Definitions

Sec. 802. Reorganization plan

Sec. 1502. Reorganization plan

Sec. 1503. Review of congressional

committee structures

Subtitle B–Transitional

Provisions

Subtitle B – Transitional

Provisions

Sec. 811. Transitional authorities

Sec. 1511 Transitional authorities

Sec. 811(a) Provision of assistance by

officials.

Sec. 1511(a) Provision of assistance

by officials.

Sec. 811(b) Services and personnel.

Sec. 1511(b) Services and personnel.

Sec. 811(c) Transfer of funds.

Sec. 811(d) Acting officials.

Sec. 1511(c) Acting officials.

Sec. 811(e). Transfer of personnel,

assets, obligations, and functions.

Sec. 1511(d) Transfer of personnel,

assets, obligations, and functions.

Sec. 811(f) Prohibition on use of

transportation trust funds.

Sec. 1511(e) Prohibition on use of

transportation trust funds.

Sec. 812. Savings provisions.

Sec. 1512. Savings provisions

Sec. 812(a). Completed administrative

actions.

Sec. 1512(a) Completed

administrative actions.

Sec. 812(b) Pending proceedings.

Sec. 1512(b) Pending proceedings.

Sec. 812(c) Pending civil actions.

Sec. 1512(c) Pending civil actions.

Sec. 812(d) References

Sec. 1512(d) References

Sec. 812(e) Employment provisions

Sec. 1512(e) Employment provisions

CRS-20

H.R. 5005, As

Passed the House

H.R. 5710, As

Introduced in the House

Sec. 1512(f) Statutory reporting

requirements.

Sec. 813. Terminations.

Sec. 1513. Terminations.

Sec. 814. Specifies that nothing in this

act shall be construed to authorize the

development of a national

identification system or card.

Sec. 1514. National identification

system not authorized

Sec. 815. Continuity of Inspector

General oversight.

Sec. 1515. Continuity of Inspector

General oversight

Sec. 1516. Incidental transfers

Sec. 816. Reference

Sec. 1517. Reference

Title XVI – Corrections

to Existing Law Relating

to Airline

Transportation Security

Sec. 1601. Retention of security

sensitive information authority at

Department of Transportation

Sec. 1602. Increase in civil penalties

Sec. 1603. Allowing U.S. citizens

and U.S. nationals as screeners

Title IX–Conforming and

Technical Amendments

Title XVII – Conforming

and Technical

Amendments

Sec. 901. Inspector General Act of

1978

Sec. 1701. Inspector General Act of

1978

Sec. 902 Executive Schedule

Sec. 1702. Executive Schedule

Sec. 903. United States Secret

Sec. 1703. United States Secret

CRS-21

H.R. 5005, As

Passed the House

H.R. 5710, As

Introduced in the House

Service

Service

Sec. 904. Coast Guard.

Sec. 1704. Coast Guard.

Sec. 905. Strategic National Stockpile

and smallpox vaccine development

Sec. 1705. Strategic National

Stockpile and smallpox vaccine

development

Sec. 906. Transfer of certain security

and law enforcement functions and

authorities.

Sec. 1706. Transfer of certain

security and law enforcement

functions and authorities.

Sec. 907. Transportation security

regulations.

Sec. 1707. Transportation security

regulations.

Sec. 1708. National Bio-Weapons

Defense Analysis Center

Sec. 1709. Collaboration with the

Secretary of Homeland Security

Sec. 908. Railroad security laws.

Sec. 1710. Railroad safety to include

railroad security

Sec. 1711. Hazmat safety to include

hazmat security

Sec. 909. Office of Science and

Technology Policy.

Sec. 1712. Office of Science and

Technology Policy.

Sec. 910. National Oceanographic

Partnership Program.

Sec. 1713. National Oceanographic

Partnership Program.

Sec. 911. Chief Financial Officer

Sec. 912. Chief Information Officer.

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

CRS-22

H.R. 5005, As

Passed the House

Title X - National

Homeland Security

Council

H.R. 5710, As

Introduced in the House

Title IX – National

Homeland Security

Council

Sec. 1001. National Homeland

Security Council.

Sec. 901. National Homeland

Security Council.

Sec. 1002. Function.

Sec. 902. Function.

Sec. 1003. Membership.

Sec. 903. Membership.

Sec. 1004. Other functions and

activities

Sec. 904. Other functions and

activities

Sec. 1005. Homeland security budget.

Sec. 1006. Staff composition.

Sec. 905. Staff composition

Sec. 1007. Relation to the National

Security Council

Sec. 906. Relation to the National

Security Council

Title XI – Information

Security

Title X – Information

Security

Sec. 1101. Information security

Sec. 1001. Information security

Sec. 1102. Management of

information technology

Sec. 1002. Management of

information technology

Sec. 1103. National Institute of

Standards and Technology

Sec. 1003. National Institute of

Standards and Technology

Sec. 1104. Information Security and

Privacy Advisory Board

Sec. 1004. Information Security and

Privacy Advisory Board

Sec. 1105. Technical and conforming

amendments

Sec. 1005. Technical and conforming

amendments

Sec. 1106. Construction

Sec. 1006. Construction