Order Code RL31645
Report for Congress
Received through the CRS Web
Homeland Security Act of 2002: Legislative
History and Pagination Key
Updated November 26, 2002
Sharon S. Gressle
Specialist in American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

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Homeland Security Act of 2002: Legislative History and
Pagination Key
Summary
On November 22, 2002, Congress completed its legislative action on the
proposal to establish a Department of Homeland Security. The House agreed to the
amendment to H.R. 5005, as passed by the Senate on November 19, 2002.
H.R. 5005, as amended, passed the House on July 26, 2002. H.R. 5710, an
expanded proposal, was introduced November 13, 2002 and passed the House, with
one amendment, the same day. An amendment (S.Amdt. 4901), identical to H.R.
5710, was offered in the Senate to H.R. 5005 on November 13. On November 19,
2002, the Senate adopted that amendment and passed H.R. 5005.
This report presents an abbreviated legislative history of the Homeland Security
Act of 2002, providing information on the sequence of events leading up to passage
and references to related legislative proposals.
A pagination key is provided. The version used is the text of H.R. 5005, as
enacted, (Enrolled version) accessible on the Legislative Information System (LIS)
at [http://www.congress.gov]. Also available at that site is a link to the CRS Web
page, which links to CRS Current Legislative Issues and the Homeland Security
topic.
The Act was signed November 25, 2002. (As of 10:00 a.m. November 26, 2002,
the signed measure had not been transmitted from the White House to the Office of
Federal Register, and, therefore, has no public law number assigned.) This report
will be updated when the designation is available.
The author recognizes the invaluable assistance provided by Mildred Boyle in
the research and production of this report.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Incorporated Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Other Related Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Pagination Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Title I. Department of Homeland Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Title II. Information Analysis and Infrastructure Protection . . . . . . . . . . . . . . . . . 6
Subtitle A – Directorate for Information Analysis and Infrastructure
Protection; Access to Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Subtitle B – Critical Infrastructure Information . . . . . . . . . . . . . . . . . . . . . . . 6
Subtitle C – Information Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Subtitle D – Office of Science and Technology . . . . . . . . . . . . . . . . . . . . . . . 7
Title III – Science and Technology in Support of Homeland Security . . . . . . . . . 7
Title IV – Directorate of Border and Transportation Security . . . . . . . . . . . . . . . . 8
Subtitle A – Under Secretary for Border and Transportation Security . . . . . 8
Subtitle B – United States Customs Service . . . . . . . . . . . . . . . . . . . . . . . . . 8
Subtitle C – Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Subtitle D – Immigration Enforcement Functions . . . . . . . . . . . . . . . . . . . . . 9
Subtitle E – Citizenship and Immigration Services . . . . . . . . . . . . . . . . . . . . 9
Subtitle F – General Immigration Provisions . . . . . . . . . . . . . . . . . . . . . . . 10
Title V – Emergency Preparedness and Response . . . . . . . . . . . . . . . . . . . . . . . . 10
Title VI – Treatment of Charitable Trusts for Members of the Armed Forces
of the United States and Other Governmental Organizations . . . . . . . . . . . 11
Title VII – Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Title VIII – Coordination with Non-Federal Entities; Inspector General;
United States Secret Service; Coast Guard; General Provisions . . . . . . . . . 12
Subtitle A – Coordination with Non-Federal Entities . . . . . . . . . . . . . . . . . 12
Subtitle B – Inspector General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Subtitle C – United States Secret Service . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Subtitle D – Acquisitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Subtitle E – Human Resources Management . . . . . . . . . . . . . . . . . . . . . . . . 12
Subtitle F – Federal Emergency Procurement Flexibility . . . . . . . . . . . . . . 12
Subtitle G – Support Anti-terrorism by Fostering Effective Technologies
Act of 2002 (SAFETY Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Subtitle H – Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

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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 (EOIR) . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . 16
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 . . . . . . . . . 17
Subtitle D – Academic Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Title XIV – Arming Pilots Against Terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Title XV – Transition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Subtitle A – Reorganization Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Subtitle B – Transitional Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Title XVI – Corrections to Existing Law Relating to Airline Transportation
Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Title XVII – Conforming and Technical Amendments . . . . . . . . . . . . . . . . . . . . 19

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Homeland Security Act of 2002: Legislative
History and Pagination Key
Introduction
On November 22, 2002, Congress completed its legislative action on the
proposal to establish a Department of Homeland Security. The House agreed to the
amendment to H.R. 5005, as passed by the Senate on November 19, 2002.
H.R. 5005, as amended, passed the House on July 26, 2002. H.R. 5710, an
expanded proposal, was introduced November 13, 2002 and passed the House, with
one amendment, the same day. An amendment (S.Amdt. 4901), identical to H.R.
5710, was offered in the Senate to H.R. 5005 on November 13. On November 19,
2002, the Senate adopted that amendment and passed H.R. 5005. The Act was
signed November 25, 2002. (As of 10:00 a.m. November 26, 2002, the signed
measure had not been transmitted from the White House to the Office of Federal
Register, and, therefore, has no public law number assigned.) This report will be
updated when the designation is available.
This report presents an abbreviated legislative history of the Homeland Security
Act of 2002, providing information on the sequence of legislative events leading up
to passage and references to related legislative proposals. It also provides a
pagination key to the legislation. The version used is the text of H.R. 5005, as
enacted (Enrolled version), accessible on the Legislative Information System (LIS)
at [http://www.congress.gov]. Also available at that site is a link to the CRS Web
page, which links to CRS Current Legislative Issues and the Homeland Security
topic.
Legislative History
Several bills were offered during the 107th Congress for the purpose of
establishing the Department of Homeland Security. H.R. 5005 is the vehicle through
which the proposals are being enacted. However, the legislation has changed and
expanded from the version introduced during the summer of 2002.1 The following
legislation is presented in reverse chronological order. It is intended to provide the
basic information on the sequence of events and does not purport to be an
encompassing legislative history.
1For an overview of the development of the departmental legislation, see CRS Report,
RL31493, Homeland Security: Department Organization and Management, by Harold C.
Relyea.

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CRS-2
November 22, 2002
House completes action on H.R. 5005, clearing it for the
President.
November 19, 2002
Senate passes H.R. 5005, amended, Vote no. 249, 90-9.
Senate adopts amendment S.Amdt. 4901 (Thompson
substitute – language identical, except for minimal
technical differences, to H.R. 5710, as passed by the
House), Vote no. 247, 73-26.
November 14, 2002
H.R. 5710 received in the Senate.
November 13, 2002
Senate agrees to motion to table S.Amdt. 4471 (Lieberman
substitute), Vote no. 241, 50-47. S.Amdt. 4738 (Gramm-
Miller substitute) fell when S.Amdt. 4471 was tabled.
S.Amdt. 4901 offered.
House agrees to closed rule (H.Res. 600), considers and
passes H.R. 5710, Roll no. 477, 299-121. There is no
record of committee consideration or report prior to floor
consideration.
November 12, 2002
H.R. 5710 introduced, referred to the Select Committee on
Homeland Security.
September 4 -
October 1, 2002
S.Amdt. 4471 offered. S.Amdt. 4471, and amendments
thereto, considered in the Senate.
August 1, 2002
S.Amdt. 4467 (Lieberman substitute to H.R. 5005) offered.
July 30, 2002
H.R. 5005 received in the Senate.
July 25-26, 2002
H.R. 5005, after consideration and debate, passes the
House, amended, Roll no. 367, 295-132.
July 25, 2002
Senate Governmental Affairs Committee, in a business
meeting, agrees to language of a Lieberman substitute
(S.Amdt. 4467, filed August 1, 2002) to H.R. 5005.
House Rules Committee reports H.Res. 502, H.Rept. 107-
615.
July 24, 2002
H.R. 5005 reported, amended, H.Rept. 107-609, Part I, by
Select Committee on Homeland Security.
June 24 -
July 12, 2002
Committees conduct hearings and draft recommendations
to be submitted to House Select Committee on Homeland
Security.

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CRS-3
June 24, 2002
H.R. 5005, to establish the Department of Homeland
Security and for other purposes introduced by
Representative Armey (by request). Pursuant to H.Res.
449, referred to Select Committee on Homeland Security
and Committees on Agriculture, Appropriations, Armed
Services, Energy and Commerce, Financial Services,
Government Reform, Intelligence, International Relations,
Judiciary, Science, Transportation and Infrastructure, and
Ways and Means.
S. 2452 reported by the Senate Governmental Affairs
Committee, S.Rept. 107-175.
June 18, 2002
Administration Department of Homeland Security proposal
transmitted to Congress.
June 6, 2002
President Bush announces intention to send Congress
legislation for the purpose of establishing a Department of
Homeland Security.
May 22, 2002
S. 2452 ordered reported by the Senate Governmental
Affairs Committee.
May 2, 2002
S. 2452, to establish the Department of National Homeland
Security and the National Office for Combating Terrorism,
introduced by Senator Lieberman. Referred to Committee
on Governmental Affairs.
H.R. 4660, to establish the Department of National
Homeland Security and the National Office for Combating
Terrorism, introduced by Representative Thornberry.
Referred to Committee on Government Reform.
October 11, 2001
S. 1534, to establish the Department of National Homeland
Security, introduced by Senator Lieberman. Referred to
Committee on Governmental Affairs.
October 10, 2001
H.R. 3078, to establish the National Office for Combating
Terrorism, introduced by Representative Hastings.
Referred to Committee on Government Reform.
September 21, 2001
S. 1449, to establish the National Office for Combating
Terrorism, introduced by Senator Graham. Referred to
Committee on Governmental Affairs.
March 21, 2001
H.R.1158, to establish the National Homeland Security
Agency, introduced by Representative Thornberry.
Referred to Committee on Government Reform.

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CRS-4
Incorporated Measures
The “Custom Bill Track Report”2 available through Congressional Quarterly,
Inc., cites the following measures as having been incorporated into H.R. 5005, as
enacted.
S. 803
E-Government Act of 2002. Introduced May 1, 2001, by Senator
Lieberman, to enhance the management and promotion of electronic
Government services and processes by establishing an Office of
Electronic Government within the Office of Management and Budget,
and by establishing a broad framework of measures that require using
Internet-based information technology to enhance citizen access to
Government information and services, and for other purposes.
S. 2554
Arming Pilots Against Terrorism and Cabin Defense Act of 2002.
Introduced May 23, 2002, by Senator Smith, to establish a program
for Federal flight deck officers, and for other purposes.
H. R. 1259
Computer Security enhancement Act of 2001. Introduced March 28,
2001, by Representative Morella, to amend the National Institute of
Standards and Technology Act to enhance the ability of the National
Institute of Standards and Technology to improve computer security,
and for other purposes.
H.R. 3482
Cyber Security Enhancement Act of 2002. Introduced December 13,
2001, by Representative Smith, to provide greater cybersecurity.
H.R. 3844
Federal Information Security Management Act of 2002. Introduced
March 5, 2002, by Representative Davis, to strengthen Federal
Government information security, including through the requirement
for the development of mandatory information security risk
management standards.
H.R. 4598
Homeland Security Information Sharing Act. Introduced April 25,
2002, by Representative Chambliss, to provide for the sharing of
homeland security information by Federal intelligence and law
enforcement agencies with State and local entities.
2Available at [http://oncongress.cq.com/gateway.jsp?cmd=crs-custom-billtrack&billnums=
hr5005&congress=107], visited Nov. 23, 2002.

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CRS-5
Other Related Measures
The “Custom Bill Track Report”3 available through Congressional Quarterly,
Inc., cites the following measures as being related to H.R. 5005, as enacted.
S. 2746
First Responders Support Act of 2002. Introduced July 17, 2002, by
Senator Feingold, to establish a federal liaison on Homeland Security
in each state, to provide coordination between the Department of
Homeland Security and state and local first responders.
S. 2794
Homeland Security Act of 2002. Introduced July 25, 2002, by
Senator Gramm, to establish a Department of Homeland Security.
S. 2887
Homeland Security Information Sharing Act. Introduced August 1,
2002, by Senator Feinstein, to provide for the sharing of homeland
security information by federal intelligence and law enforcement
agencies with state and local entities.
H.R. 5490
Tribal Government Homeland Security Coordination and Integration
Act. Introduced September 26, 2002, by Representative Pallone, to
ensure the coordination and integration of Indian tribes in the national
Homeland Security strategy and to establish an Office of Tribal
Government Homeland Security within the Department of Homeland
Security.
H.R. 5671
Information Security Act. Introduced October 16, 2002, by
Representative John, to promote the secure sharing of information
and communications within the Department of Homeland Security.
3Available at [http://oncongress.cq.com/gateway.jsp?cmd=crs-custom-billtrack&billnums=
hr5005&congress=107], visited Nov. 23, 2002.

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CRS-6
Pagination Key
H.R. 5005, enacted
Section Page
Sec. 1. Short title; table of contents
1
Sec. 2. Definitions
6
Sec. 3. Construction; severability
7
Sec. 4. Effective date
8
Title I. Department of Homeland Security
8
Sec. 101. Executive department; mission
8
Sec. 102. Secretary; functions
8
Sec. 103. Other officers
10
Title II. Information Analysis and
Infrastructure Protection
11
Subtitle A – Directorate for Information
Analysis and Infrastructure Protection; Access
to Information
11
Sec. 201. Directorate for Information Analysis and Infrastructure
Protection
11
Sec. 202. Access to information
15
Subtitle B – Critical Infrastructure Information
16
Sec. 211. Short title
16
Sec. 212. Definitions
16
Sec. 213. Designation of critical infrastructure protection
program
18
Sec. 214. Protection of voluntarily shared critical infrastructure
information
18
Sec. 215. No private right of action
21

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CRS-7
H.R. 5005, enacted
Section Page
Subtitle C – Information Security
21
Sec. 221. Procedures for sharing information
21
Sec. 222. Privacy Officer
21
Sec. 223. Enhancement of non-Federal cybersecurity
22
Sec. 224. Net Guard
22
Sec. 225. Cyber Security Enhancement Act of 2002
22
Subtitle D – Office of Science and Technology
25
Sec. 231. Establishment of office; director
25
Sec. 232. Mission of office; duties
25
Sec. 233. Definition of law enforcement technology
27
Sec. 234. Abolishment of Office of Science and Technology of
National Institute of Justice; transfer of functions
27
Sec. 235. National Law Enforcement and Corrections
Technology Centers
28
Sec. 236. Coordination with other entities within Department of
Justice
28
Sec. 237. Amendments relating to National Institute of Justice
28
Title III – Science and Technology in
Support of Homeland Security
29
Sec. 301. Under Secretary for Science and Technology
29
Sec. 302. Responsibilities and authorities for the Under Secretary
for Science and Technology
29
Sec. 303. Functions transferred
30
Sec. 304. Conduct of certain public health-related activities
31
Sec. 305. Federally funded research and development centers
34
Sec. 306. Miscellaneous provisions
34
Sec. 307. Homeland Security Advanced Research Projects
Agency
34

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CRS-8
H.R. 5005, enacted
Section Page
Sec. 308. Conduct of research, development, demonstration,
testing and evaluation
36
Sec. 309. Utilization of Department of Energy national
laboratories and sites in support of homeland security activities
38
Sec. 310. Transfer of Plum Island Animal Disease Center,
Department of Agriculture
40
Sec. 311. Homeland Security Science and Technology Advisory
Committee
40
Sec. 312. Homeland Security Institute
42
Sec. 313. Technology clearinghouse to encourage and support
innovative solutions to enhance homeland security
42
Title IV – Directorate of Border and
Transportation Security
43
Subtitle A – Under Secretary for Border and
Transportation Security
43
Sec. 401. Under Secretary for Border and Transportation
Security
43
Sec. 402. Responsibilities
43
Sec. 403. Functions transferred
44
Subtitle B – United States Customs Service
44
Sec. 411. Establishment; Commissioner of Customs
44
Sec. 412. Retention of customs revenue functions by Secretary of
45
the Treasury
Sec. 413. Preservation of customs funds
46
Sec. 414. Separate budget request for customs
46
Sec. 415. Definition
46
Sec. 416. GAO report to Congress
47
Sec. 417. Allocation of resources by the Secretary
47
Sec. 418. Reports to Congress
47

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CRS-9
H.R. 5005, enacted
Section Page
Sec. 419. Customs user fees
47
Subtitle C – Miscellaneous Provisions
48
Sec. 421. Transfer of certain agricultural inspection functions of
the Department of Agriculture
48
Sec. 422. Functions of Administrator of General Services
50
Sec. 423. Functions of Transportation Security Administration
51
Sec. 424. Preservation of Transportation Security Administration
as a distinct entity
51
Sec. 425. Explosive detection systems
51
Sec. 426. Transportation security
52
Sec. 427. Coordination of information and information
technology
53
Sec. 428. Visa issuance
53
Sec. 429. Information on visa denials required to be entered into
electronic data system
57
Sec. 430. Office for Domestic Preparedness
57
Subtitle D – Immigration Enforcement
Functions
58
Sec. 441. Transfer of functions to Under Secretary for Border
58
and Transportation Security
Sec. 442. Establishment of Bureau of Border Security
59
Sec. 443. Professional responsibility and quality review
60
Sec. 444. Employee discipline
60
Sec. 445. Report on improving enforcement functions
60
Sec. 446. Sense of Congress regarding construction of fencing
61
near San Diego, California
Subtitle E – Citizenship and Immigration
Services
61
Sec. 451. Establishment of Bureau of Citizenship and
Immigration Services
61

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CRS-10
H.R. 5005, enacted
Section Page
Sec. 452. Citizenship and Immigration Services Ombudsman
63
Sec. 453. Professional responsibility and quality review
65
Sec. 454. Employee discipline
66
Sec. 455. Effective date
66
Sec. 456. Transition
66
Sec. 457. Funding for citizenship and immigration services
67
Sec. 458. Backlog elimination
67
Sec. 459. Report on improving immigration services
67
Sec. 460. Report on responding to fluctuating needs
67
Sec. 461. Application of Internet-based technologies
68
Sec. 462. Children’s affairs
68
Subtitle F – General Immigration Provisions
71
Sec. 471. Abolishment of INS
71
Sec. 472. Voluntary separation incentive payments
71
Sec. 473. Authority to conduct a demonstration project relating
to disciplinary action
74
Sec. 474. Sense of Congress
75
Sec. 475. Director of Shared Services
75
Sec. 476. Separation of funding
75
Sec. 477. Reports and implementation plans
75
Sec. 478. Immigration functions
77
Title V – Emergency Preparedness and
Response
78
Sec. 501. Under Secretary for Emergency Preparedness and
Response
78
Sec. 502. Responsibilities
78
Sec. 503. Functions transferred
79

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CRS-11
H.R. 5005, enacted
Section Page
Sec. 504. Nuclear incident response
79
Sec. 505. Conduct of certain public health-related activities
79
Sec. 506. Definition
80
Sec. 507. Role of Federal Emergency Management Agency
80
Sec. 508. Use of national private sector networks in emergency
response
81
Sec. 509. Use of commercially available technology, goods, and
81
services
Title VI – Treatment of Charitable Trusts
for Members of the Armed Forces of the

United States and Other Governmental
Organizations
81
Sec. 601. Treatment of charitable trusts for members of the
Armed Forces of the United States and other governmental
organizations
81
Title VII – Management
84
Sec. 701. Under Secretary for Management
84
Sec. 702. Chief Financial Officer
85
Sec. 703. Chief Information Officer
85
Sec. 704. Chief Human Capital Officer
85
Sec. 705. Establishment of Office for Civil Rights and Civil
Liberties
85
Sec. 706. Consolidation and co-location of offices
86

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CRS-12
H.R. 5005, enacted
Section Page
Title VIII – Coordination with Non-Federal
Entities; Inspector General; United States
Secret Service; Coast Guard; General
86
Provisions
Subtitle A – Coordination with Non-Federal
Entities
Sec. 801. Office for State and Local Government Coordination
86
Subtitle B – Inspector General
87
Sec. 811. Authority of the Secretary
87
Sec. 812. Law enforcement powers of Inspector General agents
88
Subtitle C – United States Secret Service
90
Sec. 821. Functions transferred
90
Subtitle D – Acquisitions
90
Sec. 831. Research and development projects
90
Sec. 832. Personal services
91
Sec. 833. Special streamlined acquisition authority
91
Sec. 834. Unsolicited proposals
93
Sec. 835. Prohibition on contracts with corporate expatriates
93
Subtitle E – Human Resources Management
95
Sec. 841. Establishment of Human Resources Management
System
95
Sec. 842. Labor-management relations
100
Subtitle F – Federal Emergency Procurement
101
Flexibility
Sec. 851. Definition
101
Sec. 852. Procurements for defense against or recovery from
terrorism or nuclear, biological, chemical, or radiological attack
101

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CRS-13
H.R. 5005, enacted
Section Page
Sec. 853. Increased simplified acquisition threshold for
procurements in support of humanitarian or peacekeeping
operations or contingency operations
101
Sec. 854. Increased micro-purchase threshold for certain
procurements
102
Sec. 855. Application of certain commercial items authorities to
certain procurements
102
Sec. 856. Use of streamlined procedures
103
Sec. 857. Review and report by Comptroller General
103
Sec. 858. Identification of new entrants into the federal
104
marketplace
Subtitle G – Support Anti-terrorism by
Fostering Effective Technologies Act of 2002
(SAFETY Act)
104
Sec. 861. Short title
104
Sec. 862. Administration
104
Sec. 863. Litigation management
105
Sec. 864. Risk management
106
Sec. 865. Definitions
107
Subtitle H – Miscellaneous Provisions
109
Sec. 871. Advisory committees
109
Sec. 872. Reorganization
109
Sec. 873. Use of appropriated funds
109
Sec. 874. Future Year Homeland Security Program
110
Sec. 875. Miscellaneous authorities
110
Sec. 876. Military activities
110
Sec. 877. Regulatory authority and preemption
110
Sec. 878. Counternarcotics Officer
111
Sec. 879. Office of International Affairs
111

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CRS-14
H.R. 5005, enacted
Section Page
Sec. 880. Prohibition of the Terrorism Information and
Prevention System (TIPS)
111
Sec. 881. Review of pay and benefit plans
112
Sec. 882. Office for National Capital Region Coordination
112
Sec. 883. Requirement to comply with laws protecting equal
employment opportunity and providing whistleblower protections
113
Sec. 884. Federal Law Enforcement Training Center
113
Sec. 885. Joint Interagency Task Force
113
Sec. 886. Sense of Congress reaffirming the continued
importance and applicability of the Posse Comitatus Act
114
Sec. 887. Coordination with the Department of Health and
Human Services under the Public Health Service Act
114
Sec. 888. Preserving Coast Guard mission performance
115
Sec. 889. Homeland security funding analysis in President’s
budget
116
Sec. 890. Air Transportation Safety and System Stabilization Act
117
Subtitle I – Information Sharing
118
Sec. 891. Short title; findings; and sense of Congress
118
Sec. 892. Facilitating homeland security information sharing
procedures
119
Sec. 893. Report
121
Sec. 894. Authorization of appropriations
122
Sec. 895. Authority to share grand jury information
122
Sec. 896. Authority to share electronic, wire, and oral
interception information
123
Sec. 897. Foreign intelligence information
123
Sec. 898. Information acquired from an electronic surveillance
124
Sec. 899. Information acquired from a physical search
124

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CRS-15
H.R. 5005, enacted
Section Page
Title IX – National Homeland Security
Council
124
Sec. 901. National Homeland Security Council
124
Sec. 902. Function
124
Sec. 903. Membership
124
Sec. 904. Other functions and activities
125
Sec. 905. Staff composition
125
Sec. 906. Relation to the National Security Council
125
Title X – Information Security
125
Sec. 1001. Information security
125
Sec. 1002. Management of information technology
134
Sec. 1003. National Institute of Standards and Technology
135
Sec. 1004. Information Security and Privacy Advisory Board
137
Sec. 1005. Technical and conforming amendments
138
Sec. 1006. Construction
139
Title XI. Department of Justice Divisions
139
Subtitle A – Executive Office for Immigration
Review (EOIR)
139
Sec. 1101. Legal status of EOIR
139
Sec. 1102. Authorities of the Attorney General
139
Sec. 1103. Statutory construction
140
Subtitle B – Transfer of the Bureau of Alcohol,
Tobacco and Firearms to the Department of
Justice
140
Sec. 1111. Bureau of Alcohol, Tobacco, Firearms, and
Explosives
140

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CRS-16
H.R. 5005, enacted
Section Page
Sec. 1112. Technical and conforming amendments
141
Sec. 1113. Powers of agents of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives
145
Sec. 1114. Explosives training and research facility
146
Sec. 1115. Personnel management demonstration project
146
Subtitle C – Explosives
146
Sec. 1121. Short title
146
Sec. 1122. Permits for purchasers of explosives
146
Sec. 1123. Persons prohibited from receiving or possessing
149
explosive materials
Sec. 1124. Requirement to provide samples of explosive

materials and ammonium nitrate
151
Sec. 1125. Destruction of property of institutions receiving
Federal financial assistance
151
Sec. 1126. Relief from disabilities
151
Sec. 1127. Theft reporting requirement
151
Sec. 1128. Authorization of appropriations
152
Title XII – Airline War Risk Insurance
Legislation
152
Sec. 1201. Air carrier liability for third party claims arising out
of acts of terrorism
152
Sec. 1202. Extension of insurance policies
152
Sec. 1203. Correction of reference
153
Sec. 1204. Report
153

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CRS-17
H.R. 5005, enacted
Section Page
Title XIII - Federal Workforce
153
Improvement
Subtitle A – Chief Human Capital Officers
153
Sec. 1301. Short title
153
Sec. 1302. Agency Chief Human Capital Officers
153
Sec. 1303. Chief Human Capital Officers Council
154
Sec. 1304. Strategic human capital management
155
Sec. 1305. Effective date
155
Subtitle B – Reforms Relating to Federal
Human Capital Management
155
Sec. 1311. Inclusion of agency human capital strategic planning
in performance plans and programs performance reports
155
Sec. 1312. Reform of the competitive service hiring process
156
Sec. 1313. Permanent extension, revision, and expansion of
authorities for use of voluntary separation incentive pay and
voluntary early retirement
157
Sec. 1314. Student volunteer transit subsidy
162
Subtitle C – Reforms Relating to the Senior
Executive Service
162
Sec. 1321. Repeal of recertification requirements of senior
executives
162
Sec. 1322. Adjustment of limitation on total annual compensation
163
Subtitle D – Academic Training
164
Sec. 1331. Academic training
164
Sec. 1332. Modifications to National Security Education
Program
165

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CRS-18
H.R. 5005, enacted
Section Page
Title XIV – Arming Pilots Against
Terrorism
166
Sec. 1401. Short title
166
Sec. 1402. Federal Flight Deck Officer Program
166
Sec. 1403. Crew training
171
Sec. 1404. Commercial airline security study
172
Sec. 1405. Authority to arm flight deck crew with less-than-
173
lethal weapons
Sec. 1406. Technical amendments
173
Title XV – Transition
173
Subtitle A – Reorganization Plan
173
Sec. 1501. Definitions
173
Sec. 1502. Reorganization plan
174
Sec. 1503. Review of congressional committee structures
175
Subtitle B – Transitional Provisions
175
Sec. 1511 Transitional authorities
175
Sec. 1511(a) Provision of assistance by officials
175
Sec. 1511(b) Services and personnel
175
Sec. 1511(c) Acting officials
175
Sec. 1511(d) Transfer of personnel, assets, obligations, and
functions
175
Sec. 1511(e) Prohibition on use of transportation trust funds
175
Sec. 1512. Savings provisions
176
Sec. 1512(a) Completed administrative actions
176
Sec. 1512(b) Pending proceedings
176
Sec. 1512(c) Pending civil actions
176

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CRS-19
H.R. 5005, enacted
Section Page
Sec. 1512(d) References
176
Sec. 1512(e) Employment provisions
177
Sec. 1512(f) Statutory reporting requirements
177
Sec. 1513. Terminations
177
Sec. 1514. National identification system not authorized
177
Sec. 1515. Continuity of Inspector General oversight
177
Sec. 1516. Incidental transfers
177
Sec. 1517. Reference
177
Title XVI – Corrections to Existing Law
Relating to Airline Transportation
178
Security
Sec. 1601. Retention of security sensitive information authority
at Department of Transportation
178
Sec. 1602. Increase in civil penalties
178
Sec. 1603. Allowing U.S. citizens and U.S. nationals as
screeners
179
Title XVII – Conforming and Technical
Amendments
179
Sec. 1701. Inspector General Act of 1978
179
Sec. 1702. Executive Schedule
179
Sec. 1703. United States Secret Service
179
Sec. 1704. Coast Guard.
180
Sec. 1705. Strategic National Stockpile and smallpox vaccine
development
182
Sec. 1706. Transfer of certain security and law enforcement
functions and authorities
182
Sec. 1707. Transportation security regulations
184

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CRS-20
H.R. 5005, enacted
Section Page
Sec. 1708. National Bio-Weapons Defense Analysis Center
184
Sec. 1709. Collaboration with the Secretary of Homeland
Security
184
Sec. 1710. Railroad safety to include railroad security
185
Sec. 1711. Hazmat safety to include hazmat security
185
Sec. 1712. Office of Science and Technology Policy
186
Sec. 1713. National Oceanographic Partnership Program
186
Sec. 1714. Clarification of definition of manufacturer
186
Sec. 1715. Clarification of definition of vaccine-related injury or
death
186
Sec. 1716. Clarification of definition of vaccine
187
Sec. 1717. Effective date
187

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