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