Homeland Security: Side-by-Side Comparison of H.R. 5005 and S. 2452, 107th Congress
Congressional research reportAug 26, 2002
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Homeland Security: Side-by-Side Comparison of
H.R. 5005 and S. 2452, 107th Congress
Updated August 26, 2002
Homeland Security Team
Congressional Research Service
Congressional Research Service ˜ The Library of Congress
Homeland Security: Side-by-Side Comparison of
H.R. 5005 and S. 2452, 107th Congress
Summary
Leaders within the United States are involved in developing a strategy for the
prevention of further terrorist attacks and for effective response and recovery should
the eventuality arise. One aspect of the strategy is to consider how the federal
government should be most effectively organized in order to carry out its role.
H.R. 5005 and S. 2452 have emerged as the lead legislative proposals for the
related reorganization of the federal government. H.R. 5005 would create a
Department of Homeland Security. In addition to establishing a department, S. 2452
would also create the National Office for Combating Terrorism, a unit within the
Executive Office of the President, and the National Strategy for Combating
Terrorism and the Homeland Security Response.
Both proposals would transfer the functions, responsibilities, personnel, and
other assets of existing agencies into the departmental structure. Congress is
considering the scope and efficacy of the proposals.
This report provides a comparison of the two bills. The comparison briefly sets
out the provisions in each title. It uses H.R. 5005, as passed by the House July 26,
as an organization base for the side-by-side comparison. Committee action on S.
2452 was completed July 25. That text is used for comparison with the other
measure1. Each bill has provisions not present in the other. The table of contents is
a guide for the location of specific divisions, titles, and subtitles. H.R. 5005 has been
presented to the Senate. The Senate will, after the August recess, take under
consideration the Lieberman amendment, as amended, to which the committee
agreed.
Appendix A, a second comparison, is on the positions proposed to be created.
Finally, in Appendix B, the report identifies the Homeland Security Team, CRS
analysts who have been researching and analyzing homeland security issues. These
staff are available to assist congressional staff in addressing questions and issues.
That information follows the report text. General questions about the report may be
addressed to Sharon Gressle (7-8677), and questions about the overall proposal may
be addressed to Harold Relyea (7-8679), both of the Government and Finance
Division.
The report will be revised as legislative action dictates.
1
Text can be found at “TEXT OF AMENDMENTS — SA 4467,” Congressional Record,
daily edition, vol. 148, 107th Cong., 2nd sess., August 1, 2002 (Washington: GPO, 2002), pp.
S7967-S8003.
Contents
S. 2452, Division A — National Homeland Security and Combating Terrorism . 1
S. 2452, Title VI — Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
H.R. 5005, Title I — Department of Homeland Security (DHS) . . . . . . . . . . . . . . 4
S. 2452, Title I — Department of Homeland Security . . . . . . . . . . . . . . . . . . . . . 4
S. 2452, Title I, Subtitle A — Establishment of the
Department of Homeland Security . . . . . . . . . . . . . . . . . . . . . . . . 4
H.R. 5005, Title II — Information Analysis and Infrastructure Protection . . . . 12
S. 2452, Title I, Sec. 133. Directorate of Critical Infrastructure Protection 12
H.R. 5005, Title II, Subtitle A — Under Secretary for
Information Analysis and Infrastructure Protection . . . . . . . . . . . 12
H.R. 5005, Title II, Subtitle B — Intelligence Analysis Center . . . . . . 16
S. 2452, Title I, Sec. 132. Directorate of Intelligence . . . . . . . . . . . . . . . . . 18
H.R. 5005, Title III — Under Secretary for Science and Technology . . . . . . . . . 22
S. 2452, Title I, Sec. 135. Directorate of Science and Technology . . . . . . 22
H.R. 5005, Title IV — Border and Transportation Security . . . . . . . . . . . . . . . . 28
S. 2452, Title I, Sec. 131. Directorate of Border and Transportation . . . . . 28
H.R. 5005, Title IV, Subtitle A — General Provisions . . . . . . . . . . . . 28
H.R. 5005, Title IV, Subtitle B — Immigration and Nationality
Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
H.R. 5005, Title V. Emergency Preparedness and Response . . . . . . . . . . . . . . . 57
S. 2452, Title I, Sec. 134. Directorate of Emergency Preparedness
and Response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
S. 2452, Title I, Subtitle C – National Emergency Preparedness
Enhancement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
H.R. 5005, Title VI — Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
H.R. 5005, Title VII — Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
H.R. 5005, Title VII, Subtitle A — Inspector General . . . . . . . . . . . . 64
H.R. 5005, Title VII, Subtitle B–United States Secret Service . . . . . . 66
H.R. 5005, Title VII, Subtitle C–Critical Infrastructure Information . 67
H.R. 5005, Title VII, Subtitle D — Acquisitions . . . . . . . . . . . . . . . . 69
S. 2452, Title V — Federal Emergency Procurement Flexibility . . . . . . . . . . . . 69
S. 2452, Title V, Subtitle A — Temporary Flexibility for
Certain Procurements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
S. 2452, Title V, Subtitle B — Other Matters . . . . . . . . . . . . . . . . . . . 71
H.R. 5005, Title VII, Subtitle E — Property . . . . . . . . . . . . . . . . . . . . 71
H.R. 5005, Title VII, Subtitle F–Support Anti-Terrorism by
Fostering Effective Technologies Act of 2002
(the SAFETY Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
H.R. 5005, Title VII, Subtitle G–Other Provisions . . . . . . . . . . . . . . . 73
S. 2452, Title I, Subtitle D — Miscellaneous Provisions . . . . . . . . . . 83
H.R. 5005, Title VII, Subtitle H — Information Sharing . . . . . . . . . . 88
H.R. 5005, Title VIII – Transition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
H.R. 5005, Title VIII, Subtitle A – Reorganization Plan . . . . . . . . . . . 95
S. 2452, Title I, Subtitle E – Transition Provisions . . . . . . . . . . . . . . . 95
H.R. 5005, Title VIII, Subtitle B–Transitional Provisions . . . . . . . . . 95
H.R. 5005, Title IX–Conforming and Technical Amendments . . . . . . . . . . . . . 104
H.R. 5005, Title X - National Homeland Security Council . . . . . . . . . . . . . . . . 107
H.R. 5005, Title XI — Information Security . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
S. 2452, Title I, Subtitle F – Administrative Provisions . . . . . . . . . . 115
S. 2452, Title II – National Office for Combating Terrorism . . . . . . . . . . . . . . 119
S. 2452, Title III – National Strategy for Combating Terrorism and the
Homeland Security Response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
S. 2452, Title IV – Law Enforcement Powers of Inspector General Agents . . . 128
S. 2452, Division B – Immigration Reform, Accountability, and
Security Enhancement Act of 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
S. 2452, Title XI–Directorate of Immigration Affairs . . . . . . . . . . . . . . . . . . . . 132
S. 2452, Title XI, Subtitle A — Organization . . . . . . . . . . . . . . . . . . 132
S. 2452, Title XI, Subtitle B–Transition Provisions . . . . . . . . . . . . . 139
S. 2452, Title XI, Subtitle C–Miscellaneous Provisions . . . . . . . . . . 141
S. 2452, Title XI, Subtitle D–Effective Date . . . . . . . . . . . . . . . . . . . 142
S. 2452, Title XII– Unaccompanied Alien Child Protection . . . . . . . . . . . . . . . 143
S. 2452, Title XII, Subtitle A — Structural Changes . . . . . . . . . . . . 143
S. 2452, Title XII, Subtitle B–Custody, Release, Family Reunification,
and Detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
S. 2452, Title XII, Subtitle C – Access by Unaccompanied Alien
Children to Guardians Ad Litem and Counsel . . . . . . . . . . . . . . 146
S. 2452, Title XII, Subtitle D — Strengthening Policies for
Permanent Protection of Alien Children . . . . . . . . . . . . . . . . . . 147
S. 2452, Title XII, Subtitle E — Children Refugee and
Asylum Seekers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
S. 2452, Title XII, Subtitle F– Authorization of Appropriations . . . . 148
S. 2452, Title XIII–Agency for Immigration Hearings and Appeals . . . . . . . . . 149
S. 2452, Title XIII, Subtitle A–Structure and Function . . . . . . . . . . . 149
S. 2452, Title XIII, Subtitle B–Transfer of Functions and
Savings Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
S. 2452, Title XIII, Subtitle C–Effective Date . . . . . . . . . . . . . . . . . . 150
S. 2452, Division C — Federal Workforce Improvement . . . . . . . . . . . . . . . . . 151
S. 2452, Title XXI - Chief Human Capital Officers . . . . . . . . . . . . . . . . . . . . . 151
S. 2452, Title XXII - Reforms Relating to Federal Human Capital
Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
S. 2452, Title XXIII, Reforms Relating to the Senior Executive Service . . . . . 157
S. 2452, Title XXIV - Academic Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
Appendix A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Positions Created and Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
Appendix B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
Creating a Department of Homeland Security: CRS Experts . . . . . . . . . . . . . . 169
Areas of Expertise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
Departmental Structure and Administration . . . . . . . . . . . . . . . . . . . . . . . 170
Border and Transportation Security
. . . . . . . . . . . . . . . . . . . . . . . . . . 171
Catastrophic Terrorism Preparedness and Response . . . . . . . . . . . . . . . . . 174
Emergency Preparedness and Response . . . . . . . . . . . . . . . . . . . . . . . . . . 176
Information Analysis and Infrastructure Protection
Threat Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
Information Analysis and Infrastructure Protection
Critical Infrastructure Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
Secret Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
Budget and Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Congressional Organization and Procedure . . . . . . . . . . . . . . . . . . . . . . . . 184
Homeland Security: Side-by-Side
Comparison of H.R. 5005 and S. 2452,
107th Congress
The following table provides a side-by-side comparison of the House and Senate
proposals to create a department to achieve and maintain homeland security. The
House version is H.R. 5005, as passed by the House July 26, 2002. The Senate
version is S. 2452, a Lieberman substitute as agreed to by the Committee on
Governmental Affairs on July 25, 2002. Blank boxes indicate that there appears to
be no similar, comparable, or parallel provisions in the bill.
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
H.R. 5005: To establish the Department of
Homeland Security, and for other purposes.
S. 2452: To establish the Department of National
Homeland Security and the National Office for
Combating Terrorism.
Sec. 1. Short Title; Table of Contents.
“Homeland Security Act of 2002”
Sec. 1. Short Title.
“National Homeland Security and Combating
Terrorism Act of 2002”
Sec. 2. Organization of Act into Divisions; Table
of Contents.
S. 2452, Division A — National
Homeland Security and
Combating Terrorism
Sec. 2. Definitions.
Sec. 100. Definitions.
appropriate congressional committee: any
committee of the House or Senate having
legislative or oversight jurisdiction under the
Rules of the House or Senate, respectively, over
the matter concerned.
same
assets: includes contracts, facilities, property,
records, unobligated or unexpended balances of
appropriations, and other funds or resources
(other than personnel).
CRS-2
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
critical infrastructure: same as Sec. 1016(e), P.L.
107-56 (42 U.S.C. 5195c(e))
Director: except as provided under Sec. 104, the
Director of the National Office for Combating
Terrorism
Department: Department of Homeland Security
Department: Department of National Homeland
Security established under Title I.
emergency response providers: includes federal,
state, and local government emergency public
safety, law enforcement, emergency response,
emergency medical, and related personnel,
agencies, and authorities.
Federal Terrorism Prevention and Response
Agency: any federal department or agency
charged under the strategy with responsibilities
for carrying out the strategy
same
functions: includes authorities, powers, rights,
privileges, immunities, programs, projects,
activities, duties, responsibilities, and obligations
same; also American homeland
homeland: U.S. in a geographic sense
key resources: publicly or privately controlled
resources essential to the minimal operations of
the economy and government
local government: (A) a county, municipality,
city, town, township, local public authority,
school district, special district, intrastate district,
council of governments (regardless of whether it
is incorporated), regional or interstate
government entity, or agency or instrumentality
of a local government; (B) an Indian tribe or
authorized tribal organization, or Alaska Native
village or organization; and (C) a rural
community, unincorporated town or village, or
other public entity.
local government: same meaning given under
section 102(6) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (P.L. 93288)
major disaster: meaning given in Sec. 102(2) of
P.L. 93-288 (42 U.S.C. 5122)
Office: the National Office for Combating
Terrorism established under Title II
CRS-3
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
same
personnel: officers and employees
same
Secretary: Secretary of Homeland Security
State: any state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands,
and any possession of the United States. [See also
United States]
Strategy: the National Strategy for Combating
Terrorism and the Homeland Security Response
developed under this Act
terrorism: any activity that (A) involves an act
that (i) is dangerous to human life or potentially
destructive of critical infrastructure or key
resources; and (ii) is a violation of the criminal
laws of the U.S. or of any state or other
subdivison of the U.S.; and (B) appears to be
intended (i) to intimidate or coerce a civilian
population; (ii) to influence the policy of a
government by intimidation or coercion; or (iii)
to affect the conduct of a government by mass
destruction, assassination, or kidnapping.
United States: when used in a geographic sense,
means any state of the U.S., D.C., Puerto Rico,
Virgin Islands, Guam, American Samoa,
Northern Mariana Islands, any possession of the
U.S. and any waters within the jurisdiction of the
U.S.
United States: the term when used in a
geographic sense, means any State (within the
meaning of P.L. 93-288), any possession of the
U.S., and any waters within the jurisdiction of the
U.S.
Sec. 3. Construction; Severability.
Any provision of the act held to be invalid or
unenforceable shall be construed to give it
maximum effect allowed by law. If determined
to be utterly invalid or unenforceable, it shall be
considered severed from the other provisions of
the act and will not affect the remainder of the
act.
Sec. 4. Effective Date.
Act will take effect 30 days after the date of
enactment of this Act or, if enacted within 30
days before January 1, 2003, on January 1, 2003.
S. 2452, Title VI — Effective Date
Sec. 601. Act will take effect 30 days after the
date of enactment of this Act or, if enacted within
30 days before January 1, 2003, on January 1,
2003.
CRS-4
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
H.R. 5005, Title I — Department S. 2452, Title I — Department of
of Homeland Security (DHS)
Homeland Security
S. 2452, Title I, Subtitle A —
Establishment of the Department of
Homeland Security.
Sec. 101. Executive Department; Mission.
Establishes DHS as an executive department
within the meaning of Title 5, United States
Code, and the primary mission of the department,
but, with certain exceptions, reserves
responsibility for investigating and prosecuting
terrorism to federal, state, and local law
enforcement agencies with jurisdiction over the
acts in question.
Sec. 101 Establishment of the Department of
National Homeland Security.
Establishes DHS by amending 5 U.S.C. 101 and
the mission of the department.
Note: Although the comparison uses H.R. 5005 as the organizational base, in the sections related to
the Office of the Secretary, some of the sections of both bills concerning officers of the department are
presented here out of sequence to facilitate understanding the range of statutory officers proposed.
The sections are repeated where they fall sequentially. See also Appendix A, “Positions Created and
Compensation.”
Sec. 102. Secretary; Functions.
Sec. 102. Secretary of Homeland Security.
Sec. 102(a) Establishes position of Secretary,
appointed by President subject to Senate
confirmation (PAS), at the head of DHS. Vests
functions of all subordinate employees and units
in the Secretary.
Sec. 102(a) Establishes position of Secretary,
appointed by President subject to Senate
confirmation (PAS), as “the head of” DHS.
[Vesting of all authority, functions, and ability to
delegate not specified.]
Sec. 102(b) Allows Secretary to delegate
functions within department; provides Secretary
with authority to make contracts, grants and
agreements; and directs Secretary to ensure
compatibility of information systems and
databases within department and with appropriate
databases of other departments.
Sec. 102(b) Directs Secretary to develop
policies, goals, objectives, priorities, and plans
for U.S. homeland security, particularly with
regard to terrorism; to administer, carry out and
promote the other established missions of
departmental entities; to develop, with the
Director of the National Office for Combating
Terrorism (the Director), a strategy for a
terrorism and homeland security response in
accordance with Title III; to advise the Director
on budget development for National Strategy for
Combating Terrorism-related programs and
activities; to make budget recommendations for
some of the functions carried out by the
department; to plan, coordinate, and integrate
CRS-5
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
federal activities related to several of the
functions carried out by the department; to serve
as a national focal point to analyze all
information available to the U.S. related to threats
of terrorism or other homeland threats; to
establish and coordinate an integrated program
for threat and vulnerability assessments and risk
analysis and to disseminate related intelligence
and information; to identify and promote relevant
key scientific and technological advances; with
the Secretary of Defense and governors, to
coordinate the involvement of the national guard
and other military in the Strategy and its
implementation; with the Secretary of Defense, to
make recommendations regarding organizational
structure, equipment and military assets to benefit
the Strategy and train personnel to respond to
biological and chemical attacks; to ensure
homeland security operations coordination within
the department and with other entities; to
administer the Homeland Security Advisory
System; to conduct departmental and crossagency exercise and training programs and
prepare for contingencies, including those
requiring military involvement; to annually
review, update, and amend the plan for federal
response to terrorism and manmade and natural
disasters; to direct acquisition and management
of communication and other information
resources of the department; and to take specified
steps to ensure appropriate information
technology (IT) systems; to oversee and ensure
the development of an enterprise architecture for
departmental IT, with timetables, and with
updates as needed; and to report to Congress on
enterprise architecture implementation progress.
Sec. 102(c) Directs Secretary to coordinate with
state and local governments, the private sector,
and other entities including by ensuring adequate
planning, equipment, training and exercise
activities; coordinating and consolidating federal
communications and communications systems
related to homeland security; and distributing or
coordinating distribution of warnings and
information.
Sec. 102(b)(9) Directs Secretary to include, as
appropriate, state and local governments and
other entities in department homeland security
activities, including providing intelligence
information and warnings regarding terrorism
threats; facilitating state and local collection and
dissemination of intelligence information and
provision of such information to the department
and other agencies; coordinating government,
private sector, and other entities to ensure
CRS-6
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
adequate planning, team work, coordination,
information sharing, equipment, training and
exercise activities; consulting other levels of
government and other entities regarding the
development of the Strategy under Title III; and
identifying and removing obstacles to team work
between different entities.
[Sec. 403(a) Visa Issuance.
Gives the Secretary authority to issue regulations
on visa policy.]
Sec. 102(c)(2) Visa Issuance.
Gives the Secretary authority to issue regulations
on visa policy, but provides that the Secretary is
required to exercise authority to grant or deny
visas through the Secretary of State.
Sec. 102(d) Allows Secretary to participate in
National Security Council Meetings at the
direction of the President.
Sec. 102(d) Makes Secretary a member of the
National Security Council.
Sec. 102(e) Provides for Secretary’s legal
authority to issue regulations.
Sec. 102(f) Establishes Special Assistant to the
Secretary to be appointed by the Secretary.
Responsible for serving as a liaison with the
private sector as discussed in the same section.
Sec. 102(g) Sets standards policy.
Sec. 103. Other Officers.
Sec. 103. Deputy Secretary of Homeland
Security.
Sec. 103(a) Establishes Deputy Secretary and
Under Secretaries as PAS positions; Deputy will
be first assistant.
Sec. 103(a) Establishes Deputy Secretary of
Homeland Security as PAS position.
Sec. 103(b) Directs Deputy to assist in
administration and operations; take on
responsibilities delegated by the Secretary, act as
Secretary in the event of his or her absence,
disability, or vacancy.
Sec. 103(a)(2) Establishes Under Secretary for
Information Analysis and Infrastructure
Protection as PAS position (responsibilities
identified in Title II).
Sec. 132(a)(2) Establishes Under Secretary for
Intelligence as PAS position with responsibilities
described in Sec. 132(b).
Sec. 133(a)(2) Establishes Under Secretary for
Critical Infrastructure Protection as PAS position
with responsibilities identified at Sec. 133(b).
Sec. 103(a)(3) Establishes Under Secretary for
Sec. 135(c)(2) Establishes Under Secretary for
CRS-7
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
Science and Technology as PAS position
(responsibilities, see Title III).
Science and Technology as PAS position and
identifies responsibilities of that position.
Sec. 103(a)(4) Establishes Under Secretary for
Border and Transportation Security as PAS
position (responsibilities, see Title IV).
Sec. 131(a)(2) Establishes Under Secretary of
Border and Transportation Protection as a PAS
position with responsibilities identified in Sec.
131(b).
Sec. 103(a)(5) Establishes Under Secretary for
Emergency Preparedness and Response as PAS
position (responsibilities, see Title V).
Sec. 134(a)(2) Establishes Under Secretary of
Emergency Preparedness and Response as a PAS
position with responsibilities described in Sec.
134(b).
Sec. 134(c) The Federal Emergency Management
Administration (FEMA) is maintained as a
“distinct entity within the department.”
Sec. 134(d) Allows one individual to serve as
both Under Secretary of Emergency and
Response and Director of FEMA if nominated
and confirmed to each office.
Sec. 103(a)(6) Establishes Under Secretary for
Management as PAS position (responsibilities,
see Title VI).
Sec. 104. Establishes Under Secretary for
Management as PAS position. Directs Under
Secretary to take on management and
administration-related functions including those
related to budget, appropriations, expenditures of
funds, accounting, finance, procurement, human
resources and personnel, information technology
and communications systems, facilities, property,
equipment, and other material resources, security
for personnel and material resources,
identification and tracking of performance
measures relating to responsibilities of the
department.
Sec. 103(a)(7) Establishes not to exceed (nte)
four Assistant Secretaries as PAS positions.
Sec. 103(d)(2) Establishes nte eight Assistant
Secretaries, appointed by President and not
subject to confirmation (PA).
Sec. 105. Establishes Assistant Secretaries, nte
five (not including two Assistant Secretaries
identified below), as PAS positions. General
responsibilities will be described by President
when submitting nomination; functions will then
be assigned as Secretary determines appropriate.
Sec. 412(a)(2) Establishes Assistant Secretary of
the Bureau of Border Security reporting to the
Under Secretary. [Not clear if this is one of those
specified in 103(a)(7), 103(d)(2), or neither.]
Sec. 1104(a) Establishes Assistant Secretary for
Immigration Affairs within the Bureau of
Immigration Services, appointed by Secretary in
consultation with the Under Secretary of
CRS-8
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
Immigration Affairs and reporting to the Under
Secretary, to be compensated at Level IV of the
Executive Schedule. Responsibilities identified
under the same section.
Sec. 1105(a) Establishes Assistant Secretary for
Enforcement and Border Affairs within the
Bureau of Enforcement and Border Affairs,
appointed by Secretary in consultation with the
Under Secretary of Immigration Affairs and
reporting to the Under Secretary, to be
compensated at Level IV of the Executive
Schedule. Responsibilities identified under the
same section.
Sec. 103(a)(8) Chief Financial Officer position
created as PAS position. Procedure for
appointment of CFO akin to that for existing
positions under the CFO Act of 1990 (see
adjacent entry).
Sec. 103(e) Performance of specific functions.
Officers of the Department [CFO included] “shall
perform the functions specified by law for the
official’s office or prescribed by the Secretary.”
[CFO apparently to be position created de novo,
not formally under Chapter 9 of Title 31.]
Sec. 421(e) Establishes Chief Budget Officer for
the Bureau of Citizenship and Immigration
Services in the Department of Justice.
Responsibilities are identified in the same
section. [Appointment process not specified.]
Sec. 107(a) Chief Financial Officer position
created, to be appointed or designated as
prescribed in sec. 901(a)(1) of 31 U.S.C. (as for
existing CFOs in cabinet departments: CFO to be
nominated by President and confirmed by Senate,
or designated from among agency officials so
appointed.)
Sec. 107(b) Chief Financial Officer in DHS.
Technical and conforming amendment to bring
position fully under Chapter 9 of 31 U.S.C., with
same authority and functions as for other agency
CFOs, and with creation of a Deputy Chief
Financial Officer in DHS.
Sec. 1103. Establishes a Chief Financial Officer
for the Directorate of Immigration Affairs as a
career-reserved Senior Executive Service (SES)
position, with authorities and functions
prescribed in 31 U.S.C. 902(a)(1), reporting to
the Under Secretary of the Directorate, and with
responsibilities identified in the same section.
Although established as an SES position, the
position is to be compensated at Level V of the
Executive Schedule. Also establishes Deputy
Chief Financial Officer under 31 U.S.C.
903(a)(1).
Sec. 1104. Establishes a Chief Budget Officer for
the Bureau of Immigration Services, under the
authority of the Chief Financial Officer of the
Directorate, with responsibility for monitoring
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by Committee, July 25, 2002
and supervising all financial activities of the
bureau.
Sec. 1105. Establishes a Chief Budget Officer for
the Bureau of Enforcement and Border Affairs,
under the authority of the Chief Financial Officer
of the Directorate, with responsibility for
monitoring and supervising all financial activities
of the bureau.
Sec. 103(b) Establishes Inspector General (IG),
appointed under provisions of IG Act of 1978
(PAS position).
Sec. 701. Gives Secretary greater authority,
direction, and control over the IG in certain areas;
allows the Secretary to prohibit certain
investigations under certain circumstances;
requires that the Secretary notify the IG and the
IG transmit that notification, with comment, to
the President of the Senate, the Speaker of the
House, and appropriate committees and
subcommittees of Congress; provides that the
Secretary’s prohibition authority does not limit
the right of Congress or congressional
committees to information; and specifically
provides for IG oversight of internal
investigations by the office of Internal Affairs of
the U.S. Customs Service and the Office of
Inspections of the U.S. Secret Service.
Sec. 815. Provides for continuity between prior
IG and new department IG.
Sec. 901. Provides conforming and technical
amendments for the Inspector General Act of
1978.
Sec. 103(c) Provides that the Commandant of the
Coast Guard, be appointed as provided in 14
U.S.C. 44 (PAS position), with duties specified in
14 U.S.C. 2. Reports directly to the Secretary.
Sec. 402(2) Stipulates Coast Guard will be a
distinct entity.
Sec. 106. Establishes Inspector General (IG) as
PAS position under the provisions of Inspector
General Act of 1978, as amended by this Act.
Directs IG to designate an official to review
information and receive complaints regarding
alleged civil rights and civil liberties abuses by
the department, to publicize such a process, and
to report to Congress semi-annually on
implementation of this function, findings and
expenditures. Gives Secretary greater authority,
direction, and control over the IG in certain areas;
allows Secretary to prohibit certain investigations
under certain circumstances; and requires that
Secretary notify the IG and the IG transmit that
notification, with comment, to the President of
the Senate, the Speaker of the House, the Senate
Governmental Affairs Committee, the House
Committee on Government Reform, and other
appropriate committees and subcommittees of
Congress. Provides for the interaction between IG
and other offices performing internal
investigation and auditing functions, including
assignment to the IG of oversight responsibility
for internal investigations and audits by any other
office in the department; communication of the
activities of other offices to the IG; authority of
the IG to initiate other audits and investigations;
provision of notice of such investigations to other
offices; and provisions for informing Congress.
Sec. 131(c)(2) Stipulates Coast Guard will be a
distinct entity.
Sec. 131(e)(6) Provides that the Commandant
will report directly to the Secretary.
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S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
Sec. 103(d)(1) Establishes General Counsel as
PA position and as chief legal officer of the
department.
Sec. 109. Establishes General Counsel as a PAS
position. Directs General Counsel to serve as the
chief legal officer of the department; provide
legal assistance to the Secretary concerning the
programs and policies of the department; and
advise and assist the Secretary in carrying out his
or her responsibilities.
Sec. 421(d) Establishes a General Counsel for the
Bureau of Citizenship and Immigration Services
in the Department of Justice. Responsibilities are
identified in the same section.
Sec. 1103. Establishes General Counsel for the
Directorate of Immigration Affairs, appointed by
the Secretary in consultation with the Under
Secretary with responsibilities identified in the
same section. To be compensated at Executive
Schedule Level V.
Sec. 103(d)(3) Provides for the Director of the
Secret Service as PA position.
Sec. 138. Maintains U.S. Secret Service as a
“distinct entity” within the department.
Sec. 711. Maintains the U.S. Secret Service as a
“distinct entity” with the department.
Sec. 103(d)(4) Establishes Chief Information
Officer (CIO) as a PA position.
Sec. 108. Chief Information Officer, designated
as prescribed under 44 U.S.C. 3506(a)(2)(A).
Sec. 603. CIO reports to Secretary or other
department officer as Secretary may direct.
[Sec. 604. Establishes Director of the Office of
Civil Rights and Civil Liberties. Responsibilities
identified in the same section.]
Sec. 110. Establishes Civil Rights Officer as a
PAS position, with responsibilities identified in
Sec. 110(b).
[Sec. 205. Provides that the Secretary will
appoint a “senior official as Privacy Officer, with
responsibilities identified in Sec. 205.]
Sec. 111. Establishes Privacy Officer, to be
appointed by the Secretary, with responsibilities
identified in Sec. 111(b).
Sec. 112. Chief Human Capital Officer.
The Secretary would appoint or designate a Chief
Human Capital Officer (CHCO) to advise and
assist the Secretary and department officers in
ensuring that the workforce of the department has
the necessary skills and training, and that the
department’s recruitment and retention policies
allow it to attract and retain a highly qualified
workforce, in accordance with all applicable laws
and requirements, to enable the department to
achieve its missions. Seven additional CHCO
responsibilities are identified in Sec. 112(b).
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S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
Sec. 104. Establishes National Council of First
Responders. Chair and members appointed by the
President. Reports congressional findings on the
important role of first responders in homeland
security and establishes National Council of First
Responders in DHS to disseminate information,
advise DHS officials, evaluate resources and
threats, and report annually to Congress.
[Sec. 777. Establishes Office for State and Local
Government Coordination within the Office of
the Secretary.]
Sec. 137(c)(1)(A) Establishes Chief Homeland
Security Liaison Officer, appointed by the
Secretary, to coordinate activities of Homeland
Security Liaison Officers and prepare annual
report as specified in Sec. 137(c)(1)(B). (Liaisons
to state and local governments.)
Sec. 152(a) Establishes Director of the National
Clearinghouse on Emergency Preparedness, with
responsibilities identified in Sec. 152(c).
Sec. 166. Establishes Director of the Bioterrorism
Preparedness and Response Division of the
Centers for Disease Control, to be appointed by
the Director of the Centers for Disease Control in
consultation with the Secretaries of Health and
Human Services and Homeland Security.
Sec. 183(c) During the transition, pending the
confirmation process, President may designate
any PAS position-holder to continue until the
office is filled. Compensation is also specified.
Vacancy Act provisions apply (5 U.S.C. 3346).
Sec. 183(d) Under this act, present office holders
do not necessarily need to be reconfirmed if their
new positions are equivalent to the old ones.
Sec. 201. Establishes Director of the National
Office for Combating Terrorism as PAS position,
in the Executive Office of the President, to be
compensated at Executive Schedule Level I, with
responsibilities identified in Sec. 201(c).
Sec. 1103. Establishes Under Secretary for
Immigration Affairs to be appointed in
accordance with Sec. 103(c) of the Immigration
and Nationality Act with responsibilities
described in the same section.
CRS-12
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
H.R. 5005, Title II —
Information Analysis and
Infrastructure Protection
S. 2452, Title I, Sec. 133.
Directorate of Critical Infrastructure
Protection
H.R. 5005, Title II, Subtitle A — Under
Secretary for Information Analysis and
Infrastructure Protection.
Sec. 201. Establishes Under Secretary;
Responsibilities.
Sec. 133. Directorate of Critical Infrastructure
Protection.
Sec. 133(a) Establishes the Directorate of Critical
Infrastructure Protection. Also establishes an
Under Secretary for Critical Infrastructure
Protection, who shall be appointed by the
President, with the advice and consent of the
Senate.
Sec. 201. Responsibilities.
(1) Conducting analysis of information, including
foreign intelligence and open source information
lawfully collected by federal, state, and local law
enforcement agencies and by elements of the
intelligence community with respect to threats of
terrorist acts against the United States;
(2) Integrating information, intelligence, and
intelligence analyses to produce and disseminate
infrastructure vulnerability assessments with
respect to such threats;
(3) Identifying priorities for protective and
support measures by the Department, by other
executive agencies, by state and local
governments, by the private sector, and by other
entities;
(4) Reviewing, analyzing, and recommending
improvements in law, policy, and procedure for
the sharing of intelligence and other information
with respect to threats against the United States
within the federal government and between the
federal government and state and local
governments;
(5) Developing a comprehensive national plan to
provide for the security of key resources and
critical infrastructures; including, but not limited
to, power production, generation, and distribution
Sec. 133(b) Responsibilities.
The Directorate of Critical Infrastructure
Protection shall be responsible for the following:
(1) Receiving relevant intelligence information
from a variety of sources;
(2) Integrating relevant intelligence information
in order to develop vulnerability assessments for
use by federal, state, and local authorities;
(3) Developing a comprehensive national plan for
securing the key resources and critical
infrastructure in the United States;
(4) Establishing specialized research and analysis
units for the purpose of processing intelligence to
identify vulnerabilities and protective measures in
(A) public health, (B) food and water, (C)
commerce systems, (D) energy systems, (E)
transportation systems, (F) information and
communication systems; (G) continuity of
government services; and (H) other systems or
facilities;
(5) Enhancing the sharing of information
regarding cyber security and physical security of
the United States;
(6) Acting as the Critical Information
Technology, Assurance, and Security Officer of
the Department;
(7) Coordinating the activities of the Information
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July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
systems, information technology and
telecommunications systems (including
satellites), electronic financial and property
record storage and transmission systems,
emergency preparedness communications
systems, and the physical and technological assets
that support such systems;
(6) Coordinating with other executive agencies,
state and local government personnel, agencies
and authorities, and the private sector, to provide
advice on implementation of such comprehensive
national plan;
(7) Supporting the intelligence and information
requirements of the Department; and
(8) Administering the Homeland Security
Advisory System.
Sharing and Analysis Centers to share
information between the public and private
sectors on threats, vulnerabilities, individual
incidents, and privacy issues;
(8) Working with the Department of State on
cyber security with respect to international bodies
and coordinating with appropriate agencies in
helping to establish cyber security policy,
standards, and enforcement mechanisms;
(9) Providing leadership and focus on both cyber
security and physical security within
the United States government; and
(10) Performing such other duties as assigned.
Sec. 202. Functions Transferred.
Sec. 133(c) Transfer of Authorities, Functions,
Personnel, and Assets to the Department.
(1) National Infrastructure Protection Center of
the FBI, excluding the Computer Investigations
and Operations Section.
(1) The Critical Infrastructure Assurance Office
of the Department of Commerce.
(2) National Communications System of the
Department of Defense.
(2) The National Infrastructure Protection
Center of the Federal Bureau of Investigation
(other than the Computer Investigations and
Operations Section).
(3) Critical Infrastructure Assurance Office of the
Department of Commerce.
(3) The National Communications System of
the Department of Defense.
(4) Energy Security and Assurance Program of
the Department of Energy.
(4) The Computer Security Division of the
National Institute of Standards and Technology of
the Department of Commerce.
(5) Federal Computer Incident Response Center
of the General Services Administration.
(5) The National Infrastructure Simulation and
Analysis Center of the Department of Energy.
(6) The Federal Computer Incident Response
Center of the General Services Administration.
(7) The Energy Security and Assurance Program
of the Department of Energy.
(8) The Federal Protective Service of the General
Services Administration.
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
Sec. 203. Access to Information.
Provides Secretary with access to reports,
assessments, and “analytical information”
(analyzed or unanalyzed) relating to terrorist
threats in the U.S. except as otherwise directed by
President. Secretary may obtain such material by
request and may enter into cooperative
arrangements with other agencies for routine
delivery of various types of information.
Regardless of whether Secretary has requested
information, other agencies shall promptly
provide to the Secretary reports, assessments,
“analytical information” relating to threats of
terrorism, and information on infrastructure
vulnerabilities, or other vulnerabilities.
Secretary shall have full access and input with
respect to information from any national
collaborative information analysis capability (as
referred to in P.L. 107-107; 115 Stat. 1199).
Secretary shall ensure that material received is
protected from unauthorized disclosure and used
only in performance of official duties; stipulates
proper handling of intelligence and sensitive law
enforcement information.
Sec. 204. Procedures for Sharing Information.
Secretary shall establish procedures on
information shared under this title such as to limit
its redissemination, ensure security and
confidentiality, protect individual rights, and
insure data integrity by timely removal of
obsolete or erroneous information.
Sec. 205. Privacy Officer; Appointed by
Secretary; Responsibilities.
Secretary shall appoint senior official to assume
primary responsibility for privacy policy to
protect individuals from disclosure of personal
information. The Privacy Officer is responsible
for reporting annually to Congress on Department
activities affecting privacy.
Sec. 111. Privacy Officer, Appointed by
Secretary.
The Privacy Officer shall —
(1) oversee compliance with Section 552a of Title
5, United States Code (commonly referred to as
the Privacy Act of 1974), and all other applicable
laws relating to the privacy of personal
information; (2) assist with the development and
implementation of policies and procedures that
ensure that (A) privacy considerations and
safeguards are appropriately incorporated and
implemented; and (B) any information received is
used or disclosed in a manner that minimizes the
risk of harm to individuals; (3) assist with the
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
preparation of privacy impact assessments; (4)
notify the Inspector General of any matter
that, in the opinion of the Privacy Officer,
warrants further investigation.
Sec. 206. Federal Cybersecurity Program.
Sec. 206(a) The Secretary acting through the
Under Secretary shall establish and manage a
program to improve the security of federal critical
information systems.
Sec. 206(b) Duties of the Secretary are:
(1) evaluate agencies’ effectiveness in using
information to improve critical infrastructure
security;
(2) provide assistance to civilian agencies in
protecting critical federal information systems
and identification of significant risks to such
systems; and
(3) coordinate R&D for critical information
systems relating to supervisory control and data
acquisition.
Sec. 206(c) Establishes a federal information
system security team that will provide technical
expertise to help civilian agencies secure federal
critical information systems. Team shall consist
of technical experts and auditors, computer
scientists, and computer forensics analysts.
Sec. 206(d) Provides definition of critical
information systems as defined in Sec. 3502 of
Title 44, U.S.C. This does not include any
national security system as defined in Sec. 5142
of the Clinger-Cohen Act of 1996.
Sec. 207. Enhancement of Non-Federal
Cybersecurity.
The Under Secretary shall (1) as appropriate,
provide to state and local government entities,
and upon request to private entities that own or
operate critical information systems, (A) analysis
and warnings related to threats to, and
vulnerabilities of, critical information systems;
and (B) in coordination with the Under Secretary
for Emergency Preparedness and Response, crisis
management support in response to threats to, or
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H.R. 5005, as passed by the House
July 26, 2002
attacks on, critical information systems; and (2)
as appropriate, provide technical assistance, upon
request, to the private sector and other
government entities, in coordination with Under
Secretary, with respect to emergency recovery
plans to respond to major failures of critical
information systems.
Sec. 208. Information Security.
The Under Secretary shall (1) as appropriate,
provide to state and local government entities,
and, upon request, to private entities that own or
operate critical information systems (A) analysis
and warnings related to threats to, and
vulnerabilities of, critical information systems;
and (B) in coordination with the Under Secretary
for Emergency Preparedness and Response,
crisis management support in response to
threats to, or attacks on, critical information
systems; and (2) as appropriate, provide technical
assistance, upon request, to the private sector and
other government entities, in coordination with
the Under Secretary, with respect to emergency
recovery plans to respond to major failures of
critical information systems.
H.R. 5005, Title II, Subtitle B —
Intelligence Analysis Center.
Sec. 211. Intelligence Analysis Center.
Establishes Intelligence Analysis Center within
the Department under the Under Secretary for
Information Analysis and Infrastructure
Protection.
Makes Intelligence Analysis Center part of
National Foreign Intelligence Program (NFIP).
Intelligence Analysis Center will conduct
analysis of foreign intelligence, law enforcement
information, and open source information with
respect to terrorist threats to U.S., produce
vulnerability assessments, identifying priorities
for protective measures, and advise on
comprehensive plan for infrastructure security.
Arrangements will made to detail to the Center
analysts from CIA, FBI, and other agencies.
Details to be for less than two years and on
reimbursable basis.
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
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H.R. 5005, as passed by the House
July 26, 2002
National Security Act amended to make DHS
Office of Intelligence an element of the
Intelligence Community (50 U.S.C. 401a(4)).
Sec. 212. Mission of the Intelligence Analysis
Center.
Mission of Intelligence Analysis Center is
correlation and evaluation of information from all
sources available; producing all-source
collaborative intelligence analysis, warnings,
tactical and strategic assessments of terrorist
threat and infrastructure vulnerabilities;
improving lines of communication between
federal and state and local governments and
private sector regarding terrorist threats.
Intelligence Analysis Center shall conduct
strategic and tactical assessments relating to
domestic terrorism, international terrorism,
counterintelligence, transnational crime,
proliferation of weapons of mass destruction,
illicit financing of terrorist activities,
cybersecurity and cybercrime, and key resources
and critical infrastructures.
Transfers to Intelligence Analysis Center the
functions, personnel, assets, and liabilities of:
FBI’s National Infrastructure Protection Center;
Commerce Department’s Critical Infrastructure
Assurance Office; GSA’s Federal Computer
Incident Response Center; Energy Department’s
National Infrastructure Simulation and Analysis
Center; DOD’s National Communications
System; intelligence elements of the Coast Guard,
Customs Service, INS, Transportation Security
Administration, and Federal Protective Service.
Expresses sense of Congress that Intelligence
Analysis Center should be modeled upon the
Army’s Information Dominance Center to the
maximum extent feasible and appropriate.
Sec. 213. Net Guard.
The Under Secretary may establish a national
technology guard, to be known as “NET Guard,”
composed of local teams of volunteers with
expertise in relevant areas of science and
technology, to assist local communities to
respond and recover from attacks on information
systems and communications networks.
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
S. 2452, Title I, Sec. 132.
Directorate of Intelligence
Sec. 132(a) Establishment.
Establishes Directorate of Intelligence to serve
as national-level focal point for analysis of all
information available to the U.S. government for
preventing, deterring, protecting against,
preparing for, and responding to threats of
terrorism.
Directorate shall communicate, coordinate, and
cooperate with the FBI, the intelligence
community, and other agencies or entities,
including those within DHS.
The terms foreign intelligence and
counterintelligence shall have the meaning given
those terms in 50 U.S.C. 401a.
The Director of Central Intelligence (DCI), the
Attorney General, and heads of other agencies
shall ensure that all intelligence and other
information relating to international terrorism is
provided to the DCI’s Counterterrorist Center.
The DCI shall ensure that the Counterterrorist
Center analyzes all intelligence and other
information provided to it regarding international
terrorism.
The DCI’s Counterterrorist Center shall have
“primary responsibility” for the analysis of
foreign intelligence relating to international
terrorism.
There shall be an Under Secretary for
Intelligence appointed by the President with the
advice and consent of the Senate.
Sec. 132(b) Responsibilities.
The Directorate of Intelligence shall be
responsible for receiving and analyzing law
enforcement and other information from federal,
state, and local law enforcement agencies and
fusing it with analytical products, assessments,
and warnings concerning foreign intelligence
from the DCI’s Counterterrorist Center in order
to (i) identify and assess the nature and scope of
threats to the homeland, and (ii) detect and
identify threats of terrorism. However, nothing
shall be construed to prohibit supplemental
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
analysis of foreign intelligence relating to
terrorist threats.
The Directorate of Intelligence shall:
– Ensure timely and effective access to
information from intelligence and law
enforcement agencies, state and local
governments, and private sector entities; and to
open source information.
– Represent DHS in procedures to establish
requirements and priorities in the collection of
national intelligence relating to terrorist threats to
the homeland. It shall consult with the Attorney
General to establish overall collection priorities
and strategies for information relating to terrorist
threats to the homeland.
– Disseminate information to the Directorate of
Critical Infrastructure Protection, the FBI and
intelligence agencies, state and local
governments, and private sector entities to assist
in the deterrence, prevention, preemption, and
response to threats of terrorism.
– Establish in conjunction with other officials a
secure communications and information
technology infrastructure, and advanced
analytical tools. Develop in conjunction with
other officials appropriate software, hardware,
and other protocols to ensure that federal
databases and information technology systems are
compatible with DHS infrastructure and comply
with federal privacy laws.
– Ensure, in conjunction with the DCI and
Attorney General, that material received by DHS
is protected against unauthorized disclosure and
used only for official duties consistent with DCI’s
authority to protect intelligence sources and
methods and similar authorities of the Attorney
General concerning sensitive law enforcement
information and privacy concerns.
– Provide information and analysis relating to
threats to law enforcement and intelligence
agencies.
– Coordinate training to providers of
information to enable them to identify and share
intelligence information revealed in their ordinary
duties.
– Review, analyze, and make recommendations
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
for improving the policies and procedures
governing the sharing of law enforcement,
intelligence, and other information relating to
threats to homeland security.
– Assist and support the DHS Secretary in
conducting threat and vulnerability assessments
and risk analyses.
Sec. 132(c) Access to Information.
Unless otherwise directed by the President, the
Secretary shall have access to, and U.S.
government agencies shall provide, all reports,
assessments, analytical information, and
information “including unevaluated intelligence,
relating to the plans, intentions, capabilities, and
activities” of terrorists and terrorist organizations.
As the President may further provide, the
Secretary shall receive additional information
requested by the Secretary from law enforcement
and intelligence agencies.
All information shall be provided consistent
with information security and privacy statutes.
The Secretary may enter into cooperative
arrangements with other agencies to share
material on a regular or routine basis. Regardless
of whether such arrangements have been made,
all agencies shall promptly provide DHS with
information regarding terrorist threats.
The Secretary shall be deemed to be a federal
law enforcement, intelligence, protective,
national defense, or national security official for
the purposes of information sharing statutes.
The Under Secretary for Intelligence shall also
be responsible for developing analysis concerning
means to exploit vulnerabilities; developing and
conducting experiments, tests, and inspections to
test weaknesses; developing and practicing
countersurveillance techniques; conducting risk
assessments; working with the Directorate of
Critical Infrastructure Protection and other
agencies, state and local governments, and private
entities to address vulnerabilities.
Sec. 132(d) Authorization to Share Law
Enforcement Information.
The Secretary shall be deemed to be a federal law
enforcement, intelligence, protective, national
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H.R. 5005, as passed by the House
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S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
defense, or national security official for purposes
of the information sharing provisions of relevant
statutes.
Sec. 132(e) Additional Responsibilities.
The Under Secretary for Intelligence shall also be
responsible for developing information about
means terrorists are likely to use to exploit
vulnerabilities; conducting experiments to test
weaknesses in homeland defenses; developing
methods to conduct counter-surveillance of
critical infrastructure and terrorist targets;
preparing risk assessments of specific kinds of
attacks; working with other offices, agencies, and
the private sector to address vulnerabilities.
Sec. 132(f) Management and Staffing.
The Directorate of Intelligence will be staffed
in part by analysts from other law enforcement
and intelligence agencies (or other parts of DHS)
on reimbursable detail. The President shall
prescribe regulations to provide that such service
will be considered a positive factor for selection
to positions of greater authority within all
supporting agencies.
Personnel shall be employed in accordance with
security standards established by the Secretary in
conjunction with the DCI. Performance of
personnel shall be evaluated by the Secretary or
Under Secretary for Intelligence.
Sec. 132(g) Intelligence Community.
Those portions of the Directorate of Intelligence
that undertake information analysis shall be
considered part of the U.S. intelligence
community within the meaning of 50 U.S.C. 401a
and, for budgetary purposes, within the National
Foreign Intelligence Program.
CRS-22
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
H.R. 5005, Title III — Under
Secretary for Science and
Technology
S. 2452, Title I, Sec. 135.
Directorate of Science and
Technology
Sec. 135(a) Purpose.
Describes purposes of the Directorate to include
the following relating to homeland security:
– research, development, demonstration,
testing, and evaluation (RDT&E);
– national research and development (R&D)
priorities, strategies, and policies;
– coordination and collaboration with
government and private entities;
– advising the Secretary;
– facilitating transfer and deployment of
technologies.
Sec. 135(b) Definitions in this section.
council: the Homeland Security Science and
Technology Council established in Sec. 135(e).
fund: the Acceleration Fund for Research and
Development of Homeland Security
Technologies established in Sec. 135(d).
homeland security research and development:
R&D applicable to the detection of, prevention
of, protection against, response to, and recovery
from homeland security threats.
OSTP: the Office of Science and Technology
Policy
SARPA: the Security Advanced Research
Projects Agency established in Sec. 135(f).
technology roadmap: plan or framework in
which goals, priorities, and milestones for desired
future technological capabilities and functions are
established, and R&D for achieving them is
identified and analyzed to guide decisions on
resource allocation and investments.
Under Secretary: the Under Secretary for
Science and Technology.
Sec. 135(c) Directorate of Science and
Technology.
Sec. 135(c)(1) Establishment.
Establishes the Directorate.
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
Sec. 301. Under Secretary for Science and
Technology.
[Position established by Sec. 103(a)(3).]
Stipulates responsibilities of the Under Secretary,
including:
– administering and conducting research,
development, demonstration, testing, and
evaluation (RDDT&E) activities in DHS, except
responsibilities do not include R&D relating to
human health;
– coordinating with other federal agencies;
– developing a national policy and strategic
plan for countermeasures to terrorist threats;
– establishing federal priorities for technologies
to protect against chemical, biological,
radiological, and nuclear (CBRN) weapons;
– aligning RDDT&E with procurement needs;
– facilitating deployment of technology to
enhance homeland security; and
– providing guidelines for merit review and
dissemination of research.
Sec. 135(c)(2) Under Secretary.
Establishes Under Secretary of Science and
Technology as a presidential appointee with
Senate confirmation. Stipulates responsibilities,
including:
– coordination with other federal agencies;
– developing technology roadmap;
– facilitating transfer and deployment of
technologies;
– assisting in developing the national strategy
(Title III);
– establishing mechanisms for sharing and
dissemination of developments and opportunities
with government and private entities;
– establishing a National Emergency
Technology Guard of volunteer experts to assist
local communities in emergencies (will
coordinate with EPR Under Secretary);
– chairing the interagency working group on
bioterrorism and other public health emergencies
established under Sec. 108 of P.L. 107-188;
– assisting in developing the strategy for
countermeasure research [Sec. 135(k)];
– establishing or contracting with federally
funded research and development centers;
– assisting in establishing agreements with
DOE on use of national laboratories.
Sec. 302. Functions Transferred.
Transfers functions, personnel, assets, and
obligations as follows:
(1) From DOE, elements of the Nonproliferation
and Verification R&D, Nuclear Assessment, and
Life Sciences programs; the Environmental
Measurements Laboratory; and the portion of the
Advanced Scientific Computing Research
program that is conducted at Lawrence Livermore
National Laboratory; but not any program or
activity relating to the strategic nuclear defense
posture of the United States.
(2) From DOD, the Biological Defense
Homeland Security Support and Biological
Counterterrorism Research Programs of the
Chemical Biological Defense Program.
Sec. 135(i) Office of Laboratory Research.
Establishes the office and transfers functions,
personnel, and assets as follows:
[Sec. 134(c)(6) transfers administration of both
DHHS and USDA select agent rules]
– From DOE, similar provisions, but not
including elements of the Life Sciences program
or the Advanced Scientific Computing Research
program. Elements within the Proliferation
Detection subprogram of the Nonproliferation
and Verification R&D program may be
designated by the President either for transfer to
the Department or for joint operation by the
Secretary of DHS and the Secretary of Energy.
– From DOD, the National Bioweapons
Defense Analysis Center established in Sec. 161.
Designates functions of the office to include
supervision of transferred entities, administration
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
and oversight of R&D funds transferred to other
agencies, establishment and direction of new
R&D facilities, and providing a science advisor
and supporting staff.
Sec. 303. Conduct of Certain Public HealthRelated Activities.
Directs the Secretary of Health and Human
Services, in collaboration with the Secretary of
Homeland Security, to set priorities for human
health-related R&D on countermeasures for
CBRN and other emerging terrorist threats, and to
develop a coordinated strategy for such activities
to ensure consistency with DHS’s national policy
and strategic plan for developing
countermeasures.
Sec. 135(c)(3)(E) Authorizes the Secretary of
Homeland Security to carry out human healthrelated countermeasures research in collaboration
with the DHHS. Requires that NIH bioterrorism
research be conducted under joint strategic
prioritization agreements between DHS and
DHHS. DHS has the authority to establish
general research priorities in those agreements,
but DHHS shall set the specific research agenda
in consultation with DHS. Requires NIH to
manage and fund the research and authorizes
DHS to transfer funds to DHHS for this purpose.
Sec. 304. Federally Funded Research and
Development Center.
Permits DHS to establish or contract with
federally funded research centers to provide
independent analysis of homeland security issues
or to carry out other responsibilities, such as
coordinating and integrating R&D programs
under Sec. 307.
Sec. 135(c)(2)(I) Gives the Under Secretary
responsibility for establishing or contracting with
federally funded research and development
centers to provide independent technical analysis
and support.
Sec. 305. Miscellaneous Provisions.
Directs that DHS research should be unclassified
to the greatest extent practicable and that other
Under Secretaries in the Department may conduct
R&D if coordinated through the Under Secretary
for Science and Technology. Provides authority
for DHS to regulate RDT&E activities of the
department. Requires the President to notify
Congress of any proposed transfer of DOE Life
Sciences activities [as provided for in Sec.
302(2)(D)].
Sec. 135(l) Classification of Research.
Directs that DHS research should be unclassified
to the greatest extent practicable. Provides
procedures for classification and review.
Prohibits placing restrictions on unclassified
federally funded fundamental research, except as
provided under applicable laws.
Sec. 306. Homeland Security Science and
Technology Coordination Council.
Establishes a coordination council of DHS
officials to establish priorities and assist in
coordinating RDDT&E within DHS.
Sec. 135(e) Science and Technology Council.
Establishes a council of officials from agencies
engaged in homeland security-related R&D to
make recommendations on priorities, facilitate
coordination among federal and private entities
on such R&D, and assist in development of the
technology roadmap [Sec. 135(c)(2)(C)].
CRS-25
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
[See Sec. 309 below].
Permits establishment of an advisory panel and
working groups in specific areas.
Sec. 307. Conduct of Research, Development,
Demonstration, Testing, and Evaluation.
Stipulates that RDDT&E be carried out through
both intramural and extramural programs.
For extramural programs, directs that
participation be geographically diverse, that
funded research be of high quality as determined
through merit review, and that awards be issued
through open competition where possible.
Requires establishment of a university center(s)
for homeland security and specifies criteria to be
considered when selecting its/their location.
Sec. 135(c)(3) Research and DevelopmentRelated Authorities.
Authorizes DHS to conduct R&D similar to that
possessed by the Secretary of Defense under 10
U.S.C. 2371 and to carry out prototype projects
according to requirements and conditions of Sec.
845 of P.L. 103-160. Requires use of competitive,
merit-based selection procedures. Permits transfer
of funds to other agencies for R&D. Requires
that at least 10% of funds authorized through
FY2005 for the Acceleration Fund (see Sec.
135(d)) be used for R&D to minimize the
diversion of Coast Guard resources from nonhomeland security missions. Provides for use of
authorities described in 5 U.S.C. 3104 note in
hiring personnel, with limitations. [See also Sec.
731 of H.R. 5005.]
Sec. 307(c) Intramural Programs.
Permits the Secretary to draw on the expertise of
any federal laboratory and to establish a
headquarters laboratory for the Department at any
national laboratory and additional units at other
national laboratories. Stipulates procedures for
selecting a headquarters laboratory.
Sec. 135(j) Office for National Laboratories.
Establishes office to coordinate and use DOE
national laboratories and sites in support of
departmental mission. Department may be a joint
sponsor of one or more national laboratories and
sets conditions for such sponsorship. Also
permits other arrangements for Department use of
the national laboratories or sites. Provides office
with technology transfer authorities under 15
U.S.C. 3710a (Stevenson-Wydler). Permits
detailing of certain DOE employees to assist in
establishing Department.
Sec. 308. Transfer of Plum Island Animal
Disease Center, Department of Agriculture.
Transfers to DHS the USDA/APHIS/Agricultural
Research Service (ARS) Foreign Animal Disease
Diagnostics Lab on Plum Island, NY; requires the
DHS and USDA Secretaries to establish an
agreement ensuring ARS’s access to the facility
for its program purposes. Requires congressional
notification before any change in biosafety level
at the facility.
Sec. 309. Homeland Security Science and
Technology Advisory Committee.
Sec. 135(e)(4) Advisory Panel.
Permits establishment of a panel to advise the
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
Establishes a 20-member advisory committee
appointed by the Under Secretary for Science and
Technology. Specifies criteria for selection of
members and procedures for calling and
conducting meetings. Requires an annual report
and permits additional reports. Exempts the
committee from Sec. 14 of the Federal Advisory
Committee Act (regarding termination and
renewal procedures).
Science and Technology Council.
Sec. 310. Homeland Security Institute.
Establishes a Homeland Security Institute as a
federally funded research and development center
(FFRDC) administered by DHS. The duties of the
institute may include systems and risk analysis,
policy and economic analysis, evaluation of the
effectiveness of security measures, support of
security exercises, and other activities. Requires
the institute to consult with industry, universities,
and nonprofit institutions. Requires the institute
to issue an annual report.
Sec. 135(g) Office of Risk Analysis and
Assessment.
Establishes an Office of Risk Analysis and
Assessment within DHS to assist in and
coordinate with other entities on threatassessment and risk-analysis studies, monitor and
evaluate novel scientific findings, design metrics
to evaluate programs, and support the Office of
Emergency Preparedness in designing field tests
and exercises.
Sec. 311. Technology Clearinghouse to
Encourage and Support Innovative Solutions to
Enhance Homeland Security.
Establishes within DHS a centralized
clearinghouse for dissemination of technology
information, issuance of announcements seeking
innovative technologies, screening and
assessment of proposals, assistance to the public
and private sectors in technology evaluation and
implementation, and guidance on submission of
proposals. Requires the clearinghouse to
coordinate with the Technical Support Working
Group.
Sec. 135(h) Office for Technology Evaluation
and Transition.
Establishes the office to serve, for technologies,
as a clearinghouse for proposals and inquiries, to
identify and evaluate new ones, to assist in
transition to deployment, and to consult with and
advise agencies.
Sec. 135(d) Acceleration Fund.
Establishes fund for awards to public and private
entities for homeland security R&D projects
selected by Security Advanced Research Projects
Agency (SARPA). Authorizes $200 million for
FY2003 and sums necessary thereafter.
Sec. 135(f) Security Advanced Research Projects
Agency (SARPA).
Establishes SARPA and identifies
responsibilities, including R&D activities (among
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
them high-risk/high-payoff opportunities) and
technology deployment for homeland security,
administration of Acceleration Fund, and
providing advice on funding priorities.
Sec. 135(k) Strategy for Countermeasure
Research.
Requires development of a strategy and plan to
engage nonfederal entities in R&D and
production of countermeasures, in consultation
with specified government and private entities.
Stipulates purposes of the strategy and plan,
including an evaluation of tax and other
incentives (e.g., intellectual property, risk
protection, technology transfer). DHS to report
to Congress within 270 days with legislative
recommendations.
Sec. 136(m) Office of Science and Technology
Policy.
Amends current law to add homeland security to
areas on which the Director of OSTP provides
advice to the President and to add the National
Office for Combating Terrorism to the list of
federal entities with which the Director is to
consult and cooperate.
CRS-28
H.R. 5005, as passed by the House
July 26, 2002
H.R. 5005, Title IV — Border
and Transportation Security
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
S. 2452, Title I, Sec. 131.
Directorate of Border and
Transportation
H.R. 5005, Title IV, Subtitle A —
General Provisions.
Sec. 131(a) Establishment.
Under Secretary appointed by the President,
subject to confirmation.
Sec. 401. Under Secretary for Border and
Transportation Security.
Specifies the responsibilities of the Under
Secretary for Border and Transportation Security
as: (1) preventing the entry of terrorists and their
instruments of terror; (2) securing the borders,
territorial waters, ports, and transportation
systems of the United States, and coordinating
governmental activities at ports of entry; (3)
carrying out immigration enforcement functions
immediately before the transfer of functions
under Sec. 411 takes place; (4) establishing and
administering rules governing the entry of
individuals who are not citizens or lawfully
admitted permanent residents into the United
States; (5) administering the customs laws of the
United States (except those specified under
subtitle C); (6) conducting the functions of the
Department of Agriculture transferred to the
Secretary under section 404; (7) ensuring the
efficient flow of lawful traffic and commerce
while carrying out these duties.
Sec. 131(b) Responsibilities.
Specifies the responsibilities of the Directorate of
Border and Transportation Protection as: (1)
securing the borders and transportation systems
of the United States and coordinating
governmental activities at ports of entry; (2)
receiving and providing intelligence on threats of
terrorism and other homeland threats; (3)
administering, carrying out, and promoting the
missions of the entities transferred to the
Directorate; (4) using intelligence gathered by
other intelligence entities to establish inspection
priorities; (5) providing agency-specific training
for agents and analysts within the Department,
other agencies, and state and local agencies and
international entities that have established
partnerships with the Federal Law Enforcement
Training Center; (6) performing other duties as
assigned by the Secretary.
Sec. 402. Functions Transferred.
Sec. 131(c) Transfer of Authorities, Functions,
Personnel, and Assets to Department.
Sec. 402(1) Transfer of the Customs Service and
Related Functions, Personnel, Assets, and
Obligations to the Department of Homeland
Security, with Certain Exceptions.
Under the title outlining the responsibilities of the
Under Secretary for Border and Transportation
Security, transfers to the Secretary for Homeland
Security the functions, personnel, assets, and
obligations of the U.S. Customs Service, except
as otherwise provided in the bill. See Sec. 451
below.
Sec. 131(c)(1) Transfer of Customs-Related
Authorities, Functions, Personnel, and Assets to
the Department of Homeland Security.
Under the Directorate of Border and
Transportation Protection, transfers the U.S.
Customs Service and related authorities,
functions, personnel, and assets to the
Department of Homeland Security, except as
otherwise provided in the bill. Maintains the
Customs Service as a distinct entity.
Sec. 402(2) Transfers Coast Guard functions,
Sec. 131(c)(2) Authorizes the transfer of Coast
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
personnel, assets, and obligations. Stipulates that
the Coast Guard shall be maintained as a distinct
entity within the new Department.
Guard functions, personnel, assets and
obligations. Stipulates that the Coast Guard shall
be maintained as a distinct entity within the new
Department.
Sec. 131(e) Preserving Coast Guard Mission
Performance.
(1) Includes two definitions in subsection, one
defining Coast Guard homeland security
missions, the other its non-homeland security
missions.
(2) The Coast Guard authorities, functions, assets,
organizational structure, units, personnel and
non-homeland security functions are to remain
intact and not be reduced.
(3) Prohibits transferring to another agency in
DHS any Coast Guard authorities, functions,
personnel, and assets.
(4)(A) DHS Secretary is prohibited from
modifying non-homeland security Coast Guard
missions or related capabilities without prior
congressional approval. The President may waive
this requirement for up to 90 days during a
certified national emergency.
(5)(A) and (5)(B) Require that annually, by
March 1, the DHS Inspector General provide the
agency’s authorizing and appropriations
committees an assessment of Coast Guard
mission performance with an emphasis on nonhomeland security missions.
(6) Specifies that the Commandant will report
directly to the DHS Secretary.
(7) States that none of subsection (e) conditions
and restrictions applies when the Coast Guard is
operating as a service of the Navy.
Sec. 402(3) Transfers the Transportation Security
Administration, including the related functions of
the Secretary of Transportation and of the Under
Secretary of Transportation for Security.
Sec. 131(c)(4) Transfers the Transportation
Security Administration of the Department of
Transportation.
Sec. 402(4) Transfers the Federal Protective
Service of the General Services Administration,
including the related functions of the
Administrator of General Services.
Sec. 133(c)(8) Transfers the Federal Protective
Service of the General Services Administration to
the Directorate of Critical Infrastructure
Protection.
Sec. 402(5) Transfers the Office for Domestic
Sec. 134(c)(3) Transfers the Office of Domestic
CRS-30
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
Preparedness of the Office of Justice Programs of
the Department of Justice, including the related
functions of the Attorney General.
Preparedness of the Department of Justice to the
Directorate of Emergency Preparedness and
Response.
Sec. 402(6) Transfers the National Domestic
Preparedness Office of the Federal Bureau of
Investigation, including the related functions of
the Attorney General.
Sec. 134(c)(2) Transfers the National Office of
Domestic Preparedness to the Directorate of
Emergency Preparedness and Response.
Sec. 402(7) Transfers the Domestic Emergency
Support Teams of the Department of Justice,
including the related functions of the Attorney
General.
Sec. 403(a) Visa Issuance.
Gives the Secretary exclusive authority to issue
regulations on visa policy. Vests authority to
refuse visas in accordance with law and to
develop training for State Department consular
officers on homeland security; these authorities
are to be exercised through the Secretary of State.
Sec. 102(c)(2) Visa Issuance.
Gives the Secretary authority to issue regulations
on visa policy, but provides that the Secretary
may delegate this authority to the Secretary of
State.
Sec. 403(b) Authority of the Secretary of State.
Expands the current exclusion authority of the
Secretary of State by permitting the Secretary to
exclude an alien when necessary or advisable in
the foreign policy or security interests of the U.S.
(As a result of the Immigration Act of 1990,
current law contains significantly more
circumscribed discretion to exclude on foreign
policy and security grounds.)
Sec. 102(c)(2).
Same.
Expressly retains the authority of the Secretary of
State under several statutes, including that with
respect to the exclusion of violators of the
Convention on Protection of Children and
Cooperation in Respect to Inter-Country
Adoption.
Similar, but differs by including foreign relationsbased findings, including (1) designation of aliens
abroad who espouse or endorse terrorist activities
and (2) exclusion of aliens found to have
disclosed certain business records in violation of
the Chemical Weapons Convention.
Sec. 403(c)(1) Assignment of Homeland Security
Employees to Diplomatic and Consular Posts.
Authorizes assignment of homeland security
employees to diplomatic and consular posts for
advice, review, and investigations.
Similar language at Sec. 102(c)(5)(A).
Sec. 403(c)(2) Provides for homeland security
personnel assigned overseas to participate in the
terrorist lookout committees established by §304
Similar language at Sec. 102(c)(5)(B).
CRS-31
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
of the Enhanced Border Security and Visa Entry
Reform Act of 2002.
Sec. 403(c)(3) Training and Hiring.
The Secretary must ensure that any employees of
the Department of Homeland Security assigned to
perform functions described at Sec. 403(c)(1)
[relating to visa applications] would be provided
all necessary training to enable them to carry out
such functions, including training in foreign
languages, interview techniques, fraud detection
techniques, and other skills required by such
employees, in conditions in the particular country
where each employee is assigned, and in other
appropriate areas of study.
The Secretary shall prescribe regulations within
60 days of the act’s enactment to establish foreign
language proficiency requirements for employees
performing the functions. Preference in hiring
employees to perform such functions would be
given to those who meet such requirements.
The Secretary may use the National Foreign
Affairs Training Center, on a reimbursable basis,
to obtain the training.
Sec. 403(d) Clarifies that current law on the nonreviewability of consular decisions remains.
Sec. 403(e) Requires a study and report to
Congress on the use of foreign nationals in the
process of rendering decisions in the visa
issuance process, specifically addressing national
security concerns and cost-effective alternatives.
Sec. 403(f) Requires the Director of the Office of
Science and Technology Policy to submit a report
to Congress within 120 days on the effect of §403
on visa issuances to students.
Sec. 403(g) Creates a special visa issuance
program in Saudi Arabia with all interviews
conducted by homeland security personnel. All
visa applicants in Saudi Arabia shall be
interviewed unless it is determined in writing that
they are unlikely to pose a risk. The Secretary
must promulgate guidelines for such
determinations within 30 days of enactment.
Sec. 102(c)(5)(C) Training and Hiring.
The Secretary would ensure that any employees
of the Department assigned to perform functions
described at Sec. 102(c)(5)(A) [relating to visa
applications] and, as appropriate, consular
officers, would be provided all necessary training
to enable them to carry out such functions,
including training in foreign languages, in
conditions in the particular country where each
employee is assigned, and in other appropriate
areas of study.
Before assigning employees to perform the
functions, the Secretary would prescribe
regulations to establish foreign language
proficiency requirements for employees.
Preference in hiring employees to perform such
functions would be given to those who meet such
requirements.
The Secretary could use the National Foreign
Affairs Training Center, on a reimbursable basis,
to obtain the training.
CRS-32
H.R. 5005, as passed by the House
July 26, 2002
Sec. 404. Transfer of Certain Agricultural
Inspection Functions of the Department of
Agriculture.
Transfers to DHS the USDA agricultural import
and entry inspection (but not quarantine)
function, of USDA’s Animal and Plant Health
Inspection Service (APHIS); requires DHS and
USDA secretaries to create a transfer agreement
to address employee training and DHS access to
user fee funds collected by USDA for inspection
services; allows cooperation and reciprocity in
administering programs; requires consultation in
regulatory compliance and rulemaking.
With regard to personnel issues:
Under Sec. 404(d)(3), the Secretary of DHS
Security, in consultation with the Secretary of
Agriculture, could issue such directives and
guidelines as are necessary to ensure the effective
use of DHS personnel to carry out the functions
transferred; and
Under Sec. 404(g), during the transition period,
the Secretary of Agriculture would transfer to the
Secretary of Homeland Security not more than
3,200 full-time equivalent positions of USDA.
Provides conforming language.
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
Sec. 131(c)(3).
Transfers to DHS the USDA/APHIS authorities,
functions, personnel, and assets pertaining to
agricultural import inspection at U.S. borders and
ports of entry, including quarantine activities.
Sec. 405. Functions of Administrator of General
Services. The only effect of this act on GSA is to
transfer the Federal Protective Service to the
Department of Homeland Security. The
Secretary of Homeland Security is not authorized
to obligate amounts in the Federal Buildings
Fund. If the Administrator transfers any funds
collected from rents and fees to Homeland
Security, the funds must be used for the
protection of buildings owned or occupied by the
federal government.
Sec. 406. Functions of Transportation Security
Administration (TSA).
(a) Requires that the Secretary and other
Homeland Security Department officials consult
with the FAA administrator before taking any
action that might affect aviation safety, air carrier
operations, aircraft airworthiness, or the use of
airspace. Also requires the Secretary to establish
a liaison office for the purpose of consulting with
Sec. 131. Establishes the Directorate of Border
and Transportation Protection and places
transportation security responsibilities and
activities under the Directorate, but has no
section equivalent to H.R. 5005, Sec. 406, that
refers to the functions of the TSA.
CRS-33
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
the FAA administrator.
(b) Requires the Secretary of Transportation to
report, within 60 days of enactment, a plan for
complying with the Aviation and Transportation
Security Act (P.L. 107-71, Sec. 110(b)), which
requires that sufficient explosive detection
systems be deployed at all designated commercial
airports to screen all checked baggage by
December 31, 2002.
(c) Limits the authority over transportation
security of the Secretary or other Department
officials to that vested in the Secretary of
Transportation or Under Secretary of
Transportation for Security under chapter 449
[Security] U.S.C. Also denies the Secretary of
Homeland Security or other Department officials
the authority to obligate Airport Improvement
Program (AIP) funds.
Sec. 407. Preservation of Transportation Security
Administration (TSA) as a distinct entity.
Requires that the TSA be maintained as a distinct
entity within the Department under the Under
Secretary for Border and Transportation Security.
This provision applies for only two years after
enactment.
Sec. 131(c) Transfers the authorities, functions,
personnel, and assets of the TSA to the
Directorate of Border and Transportation
Protection in the new Department, but does not
require that the TSA remain a distinct entity.
Sec. 408. Annual assessment of TerroristRelated Threats to Public Transportation.
Requires the Secretary, in consultation with the
heads of other appropriate federal departments
and agencies, to conduct an assessment of
terrorist-related threats to all forms of public
transportation, including gathering places related
to public transportation.
Sec. 170. Review of Transportation Security
Enhancements.
Requires the Comptroller General to conduct a
detailed, comprehensive study that shall: review
all available intelligence on terrorist threats
against aviation, seaport, rail, and transit
facilities; review all available information on
vulnerabilities at such facilities; and review the
steps taken by agencies, since Sept. 11, 2001, to
improve aviation, seaport, rail, and transit
security to determine their effectiveness at
protecting passengers and transportation
infrastructure from terrorist attack. The
Comptroller General is to submit, not later than 1
year after enactment, a comprehensive report of
the findings of the reviews and proposed steps to
improve any deficiencies in aviation, seaport, rail,
and transit security, including, to the extent
possible, the cost of implementing the steps. Not
later than 90 days after receipt, the Secretary of
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
DHS is to provide Congress and the President
with the DHS response to the recommendations;
and DHS recommendations to further protect
passengers and transportation infrastructure from
terrorist attack.
Sec. 301. Requires that the Secretary, as part of
developing a National Strategy for Combating
Terrorism, include a review of measures needed
to enhance transportation security with respect to
potential terrorist attacks.
Sec. 409. Explosive Detection Systems.
Installation of systems [waiver of deadline].
Not later than October 1, 2002, the Under
Secretary shall notify each airport served by a
certificated carrier of the number and type of
explosive detection systems required to be
deployed at the airport to screen all checked
baggage by explosive detection systems (EDS)
without imposing unreasonable delays on
passengers at the airport. If the owner or operator
of such an airport determines that the airport
cannot make the necessary modifications to the
airport’s terminal building to accommodate the
EDS in a cost-effective manner by the December
31, 2002 deadline, then the airport shall notify the
Under Secretary by November 1, 2002. Airports
providing such notice shall produce, jointly with
the Under Secretary, not later than December 1,
2002, a plan for making necessary modifications
to the airport’s terminal buildings so as to deploy
and fully utilize EDS equipment to screen all
baggage.
Deadline. Plans developed under this paragraph
shall include a date for executing the plan. All
such plans shall be executed as expeditiously as
practicable but not later than December 31, 2003.
The developed plans shall be transmitted to
Congress but not to the public for security
reasons.
Requirements for Plans. To the maximum
extent possible, the plans will provide for: EDS
deployment in the baggage sorting area rather
than in terminal lobbies; deployment of state-ofthe-art EDS that have high throughput, low false
alarm rates, and high reliability without reducing
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S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
detection rates.
Use of Screening Methods other than EDS. If
explosive detection systems are not screening all
checked baggage at an airport, such baggage shall
be screened by methods described in Sec.
44903(e) of Title 49, U.S.C. (i.e. positive bag
match, explosive-sniffing dogs, manual search, or
other means or technology approved by the Under
Secretary), until all checked baggage can be
screened by EDS.
Purchase of EDS. Shall be purchased by the
Under Secretary.
EDS Defined. EDS means a device, or
combination of devices, that can detect different
types of explosives.
Sec. 410. Transportation Security.
Makes the Secretary or the Secretary’s designee a
member of the Transportation Security Oversight
Board. Also makes the Secretary the Chairperson
of the Board.
Requires the Secretary of Transportation to
consult with the Secretary of Homeland Security
before approving Airport Improvement Program
(AIP) grants for security equipment or grants
related to the installation of bulk explosive
detection systems.
Sec. 139. Border Coordination Working Group.
Sec. 139(a). (1) Defines border security functions
as “the securing of the borders, territorial waters,
ports, terminals, waterways, and air, land, and sea
transportation systems of the United States.”
(2) Defines relevant agencies as any department
or agency determined by the President to be
relevant to performing border security functions.
Sec. 139(b) Establishes the Border Coordination
Working Group composed of the Secretary, the
Under Secretary for Border and Transportation
Security, and the Under Secretary for
Immigration Affairs.
Sec. 139(c) Requires the group to meet quarterly
to: (1) develop coordinated budget requests and
allocations of resources and personnel for border
security; (2) coordinate joint and cross-training
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S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
programs for border security personnel; (3)
monitor, evaluate, and improve the coverage and
distribution of border security programs and
personnel; (4) develop and implement policies
and technologies to aid the efficient flow of
lawful traffic, and enhance scrutiny for high-risk
traffic; (5) identify systemic coordination
problems and propose changes.
Sec. 139(c) Requires the Secretary to consult with
representatives of the relevant agencies in
fulfilling the requirements of Sec. 139(b)(1).
[Note: This section should be labeled Sec.
139(d), and should reference the requirements of
Sec. 139(c)(1).]
H.R. 5005, Title IV, Subtitle B —
Immigration and Nationality Functions.
Chapter 1 — Immigration Enforcement [sic]
Sec. 411. Transfer of Functions to Under
Secretary for Border Transportation Security.
Transfers the following functions from the INS
Commissioner to the Under Secretary for Border
and Transportation Security, and, immediately
before the transfer occurs, all personnel, assets
and liabilities pertaining to them: (1) border
patrol, (2) detention and removal, (3) intelligence,
(4) investigations, and (5) inspections.
Sec. 1120. Transitional Funding.
Authorizes appropriations of such sums as may
be necessary to abolish INS; to establish the
Directorate of Immigration Affairs, its
components, and its bureaus; and to transfer
relevant functions to the Directorate and the
bureaus.
Supports the following activities: (1) planning
for the transfer, (2) acquiring, dividing or
disposing of property, and (3) other expenditures
necessary to effect the transfer.
Requires the amount appropriated to remain
available until expended.
Establishes a transition account for the transfer
and would require the Secretary to report to
Congress, no later than 90 days after the effective
date of Division A of this act, on the availability
of funds to cover the transition cost.
Sec. 412. Establishment of Bureau of Border
Security.
Sec. 412(a) Establishment of Bureau.
Establishes the Bureau of Border Security, to be
headed by an Assistant Secretary who has a
minimum of 10 years experience in law
Sec. 1105. Amends the INA by creating a Bureau
of Enforcement and Border Affairs within the
Directorate of Immigration Affairs. The bureau
would be headed by an Assistant Secretary of
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S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
enforcement, including 5 years in management.
(See also Sec. 103(a)(7) above.)
Requires the Assistant Secretary to establish
and oversee the administration of relevant
policies, and advise the Under Secretary for
Border and Transportation Security with respect
to any policy or operation that may affect the
Bureau of Citizenship and Immigration Services
in DOJ.
Homeland Security for Enforcement and Border
Affairs, appointed by the Secretary of Homeland
Security (in consultation with the Under
Secretary).
Charges the Assistant Secretary of Homeland
Security for Enforcement and Border Affairs
(under the authority of the Under Secretary) with
administering immigration enforcement
functions, including (1) border patrol function,
(2) immigration detention function, (3) removal
function, (4) intelligence function, (5)
investigation function; and with training of
personnel.
Sec. 412(a)(4) Program to Collect Information
Relating to Foreign Students.
Requires the Assistant Secretary to administer a
program to collect information on nonimmigrant
foreign students and other exchange program
participants.
Sec. 412(a)(5) Managerial Rotation Program.
Not later than one year after the date on which
the transfer of functions specified at Sec. 411
takes effect, the Assistant Secretary of the Bureau
of Border Security would design and implement a
managerial rotation program under which bureau
employees holding positions involving
supervisory or managerial responsibility and
classified at GS-14 or above would, as a
condition of further promotion, gain some
experience in all the major functions performed
by the bureau and work in at least one local office
of the bureau.
The Secretary would submit a report to
Congress on implementation of the program not
later than two years after the date on which the
transfer of functions specified at Sec. 411 takes
effect.
Sec. 412(b) Chief of Policy and Strategy.
Establishes a Chief of Policy and Strategy
position responsible for (1) establishing national
immigration enforcement policies and priorities,
(2) performing research and analysis on
immigration enforcement issues, and (3)
coordinating policy issues with the Chief of
Sec. 1103. Establishes a Chief of Policy position
under the Directorate.
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July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
Policy and Strategy for the Bureau of Citizenship
and Immigration Services in DOJ.
Sec. 1105. Establishes a Chief Budget Officer
position in the enforcement bureau. The Chief
Budget Officer would report to the Chief
Financial Officer of the Directorate. The Chief
Budget Officer would be responsible for
monitoring and supervising all financial matters
of the bureau.
Sec. 412(c) Citizenship and Immigration Services
Liaison.
Establishes a Citizenship and Immigration
Services Liaison who would be responsible for
the allocation and coordination of resources for
the purpose of supporting “shared support
functions” for DOJ’s Bureau of Citizenship and
Immigration Services and DHS’s Bureau of
Border Security. The liaison would also be
responsible for (1) facilities management, (2)
information resources management, (3) records
and file management, and (4) forms management.
Sec. 413. Professional Responsibility and
Quality Review.
Makes the Under Secretary for Border and
Transportation Security responsible for: (1)
conducting investigations on employees of the
bureau with regard to allegations involving
noncriminal misconduct, corruption, and fraud
that is not subject to investigation by the
Inspector General; (2) inspecting the operations
of the bureau and providing assessments with
regard to the quality of operations; and (3)
providing an analysis of the management of the
bureau.
Sec. 414. Employee Discipline.
The Under Secretary for Border and
Transportation Security could, notwithstanding
any other provision of law, impose disciplinary
action, including termination of employment,
pursuant to policies and procedures applicable to
FBI employees, on any employee of the Bureau
of Border Security who willfully deceives the
Congress or agency leadership on any matter.
Sec. 1105. Establishes an Office of Professional
Responsibility position within the enforcement
bureau. The office would be responsible for
ensuring the professionalism of the bureau and
accepting charges of employee misconduct.
CRS-39
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
Sec. 415. Report on Improving Enforcement
Functions.
Requires the Secretary (after consulting with
other federal, state and local officials) to submit
to Congress, no later than one year after the
Secretary is sworn, a report regarding how the
Bureau of Border Security will effectively
enforce the enforcement provisions of the INA.
Sec. 416. Sense of Congress.
States that it is the sense of Congress that the
14-mile border fence project required by 8 U.S.C.
1103 should be a priority for the Secretary.
Chapter 2 — Citizenship and Immigration
Services
Subchapter A — Transfers of Functions
Sec. 421. Establishment of Bureau of Citizenship
and Immigration Services.
Sec. 421(a) Establishes a Bureau of Citizenship
and Immigration Services in DOJ, to be headed
by an Assistant Attorney General for Citizenship
and Immigration Services who reports directly to
the Deputy Attorney General and has a minimum
of 10 years experience in rendering of
adjudications on the provisions of government
benefits or services, including managerial
experience.
Requires the Assistant Attorney General for
Citizenship and Immigration Services (1) to
establish and oversee the administration of
relevant policies, (2) advise the Deputy Attorney
General with respect to any policy or operation
that may affect the Bureau of Immigration
Enforcement in the DHS, (3) meet regularly with
the Citizenship and Immigration Services
Ombudsman to correct problems and establish
procedures that would require a formal response
to any recommendations submitted in the
Ombudsman’s annual report. Authorizes the
Secretary to implement a pilot program that
would eliminate (and prevent from recurring) the
backlog pertaining to the processing of
immigration benefit applications.
Sec. 1102. Amends the INA (new Sec. 113) by
creating a Bureau of Immigration Services within
the Directorate of Immigration Affairs, headed by
an Assistant Secretary of Homeland Security for
Immigration Services who is appointed by the
Secretary of Homeland Security. The Assistant
Secretary reports directly to the Under Secretary.
Charges the Assistant Secretary of the service
bureau (under the authority of the Secretary and
the Under Secretary) with administering
immigration services and adjudication functions,
including the following: (1) adjudications of
nonimmigrant and immigrant petitions; (2)
adjudications of visas and other entry documents,
and change and adjustment of status; (3)
adjudications of naturalization applications; (4)
adjudications of asylum and refugee applications;
(5) determinations with regard to custody, parole,
and conditions of parole, as well as the
responsibility for the detention of individuals
subject to such determination, pertaining to
asylum seekers who lack prior non-political
criminal records and who have been found to
have a credible fear of persecution; (6)
adjudications performed at service centers; and
(7) all other adjudications under U.S.
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July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
immigration law, as well as training of personnel.
Sec. 421(a)(4) Managerial Rotation Program.
Not later than one year after the effective date
specified at Sec. 427, the Assistant Attorney
General for Citizenship and Immigration Services
would design and implement a managerial
rotation program under which bureau employees
holding positions involving supervisory or
managerial responsibility and classified at GS-14
or above would, as a condition of further
promotion, gain some experience in all the major
functions performed by the bureau and work in at
least one field office and one service center of the
bureau.
The Attorney General would submit a report to
Congress on implementation of the program not
later than two years after the effective date
specified at Sec. 427.
Sec. 421(b) Requires transfer to the Assistant
Attorney General for Citizenship and
Immigration Services the functions, personnel,
infrastructure, and funding pertaining to all
adjudications performed by INS.
No similar provision, but see Sec. 1111.
Sec. 421(c) Establishes a Chief of Policy and
Strategy position that would be responsible for
(1) establishing national immigration services
policies and priorities, (2) performing research
and analysis on immigration services issues, and
(3) coordinating policy issues with the Chief of
Policy and Strategy in the Department of
Homeland Security’s Bureau of Border Security.
Sec. 1103. Establishes a Chief Policy Officer
position under the Directorate.
Sec. 421(d) Establishes a General Counsel
position to serve as the main legal advisor to the
Assistant Attorney General for Citizenship and
Immigration Services. The General Counsel is
responsible for providing legal advice,
determinations, regulations, and other assistance
with regard to matters affecting the Bureau of
Citizenship and Immigration Services. The
General Counsel is responsible for representing
the bureau in matters pertaining to the functions
of the bureau.
Sec. 1103. Establishes a General Counsel
position under the Directorate.
Sec. 421(e) Establishes a Chief Budget Officer
Sec. 1104. Establishes a Chief Budget Officer
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
who is responsible for (1) formulating and
executing the bureau’s budget, (2) all financial
matters of the bureau, (3) the collection of all
payments, fines, and other debts for the bureau.
position in the service bureau. The Chief Budget
Officer reports to the Chief Financial Officer of
the Directorate. The Chief Budget Officer is
responsible for monitoring and supervising all
financial matters of the bureau.
Sec. 421(f) Establishes a Chief of Congressional,
Intergovernmental, and Public Affairs position
responsible for (1) providing immigration
services information to Congress, (2) serving as a
liaison with other federal agencies on
immigration services issues, and (3) responding
to media and public inquiries with regard to
immigration services issues.
Sec. 1103. Establishes a Chief of Congressional,
Intergovernmental, and Public Affairs within the
Directorate.
Sec. 421(g) Establishes a Border Security Liaison
who would be responsible for the allocation and
coordination of resources for the purpose of
supporting shared support functions for the
Bureau of Border Security of the DHS and the
Bureau of Citizenship and Immigration Services.
The liaison is responsible for (1) information
resources management, (2) records and file
management, and (3) forms management.
Sec. 421(h) Establishes a Chief of the Office of
Citizenship position that would be responsible for
promoting instruction and training on citizenship
responsibilities for aliens interested in becoming
naturalized citizens.
Sec. 422. Citizenship and Immigration Services
Ombudsman.
Sec. 422(a) Establishes a Citizenship and
Immigration Services Ombudsman position. The
Ombudsman reports directly to the Deputy
Attorney General.
Sec. 1106(a) Amends the INA (new Sec. 115 in
the INA) creating an Office of the Ombudsman.
The Ombudsman is appointed by the Secretary of
Homeland Security, after consultation with the
Under Secretary.
Requires the Ombudsman to report to the
Under Secretary and be compensated under the
Senior Executive Series.
Gives the Ombudsman the following functions:
(1) assist individuals with resolving problems, (2)
identify persistent problems experienced by the
public in dealing with the Directorate, (3)
propose potential administrative and statutory
changes to minimize the problems, and (4)
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
monitor the coverage and geographic distribution
of local offices.
Would permit the Ombudsman to appoint local
or regional representatives to address and rectify
problems.
Sec. 422(b) Requires the Ombudsman to have
experience in customer service and immigration
law. The Ombudsman is responsible for assisting
individuals and employers, identifying issues
pertaining to problems, resolving them, and
proposing changes in administrative practices.
The Ombudsman is responsible for identifying
potential legislative changes that could aid in
mitigating such problems.
Sec. 422(c) Requires the Ombudsman to report
no later than June 30 of each year to Congress on
the objectives of the office for the upcoming
fiscal year.
Requires the report to be submitted to Congress
without prior review or comment from other
officials.
Requires the report to have analysis, statistical
information, and the following: (1) identification
of initiatives the office has taken with regard to
improving services and the responsiveness of the
bureau; (2) summary of the “most pervasive and
serious problems” experienced by individuals and
employers; (3) inventory of the aforementioned
items for which action has been taken; (4)
inventory of the aforementioned items for which
action is still needed; (5) inventory of the
aforementioned items for which no action has
been taken; (6) recommendations for
administrative and legislative action, if necessary,
to resolve problems experienced by individuals
and employers; and (7) any other information the
Ombudsman deems necessary.
Sec. 422(d) With regard to the Ombudsman’s
functions, requires additional responsibilities as
follows: (1) monitor the local offices of the
Sec. 1106(a). Requires the Ombudsman to report
annually to Congress on the objectives of the
office for the upcoming fiscal year.
Requires the report to be submitted to Congress
without prior review or comment from other
officials.
Requires the report to have analysis, statistical
information, and the following: (1) description of
initiatives the Ombudsman has taken with regard
to improving services and the responsiveness of
the bureau; (2) a summary of “serious or systemic
problems encountered by the public, including a
description of the nature of such problems”; (3)
an inventory of the aforementioned items for
which action has been taken; (4) an accounting of
the aforementioned items for which action is still
needed; (5) an accounting of the aforementioned
items for which no action has been taken; (6)
recommendations “as may be appropriate” to
resolve problems experienced by individuals and
employers; (7) recommendations to resolve
problems “encountered by the public, including
problems created by backlogs in the adjudication
and processing of petitions and applications”; (8)
“recommendations to resolve problems caused by
inadequate funding or staffing”; and (9) any other
information the Ombudsman deems necessary.
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
Ombudsman, including the geographic allocation
of such offices; (2) develop guidelines for all of
the service bureau’s officers and employees with
regard to the criteria for referral of inquiries to
local Ombudsman offices; (3) ensure that all local
office telephone numbers are published and made
available; and (4) meet regularly with the
Director of the service bureau to identify
problems and present recommendations for
resolution of such problems.
Sec. 422(e) Personnel Actions.
The Ombudsman would have the responsibility
and authority to appoint local ombudsmen and
make available at least one ombudsman for each
state; and to evaluate and take personnel actions
(including dismissal) with respect to any
employee of any local office of the Ombudsman.
Sec. 1106(d) Personnel Actions.
The Ombudsman would have the responsibility
and authority to appoint local or regional
representatives of the Ombudsman’s Office as in
the Ombudsman’s judgment may be necessary to
address and rectify problems.
Sec. 422(f) Requires the service bureau Director
to establish procedures that would require a
formal response to all recommendations
submitted by the Ombudsman within 3 months
after the submission.
Sec. 422(g) Requires the local ombudsman to
report to the Ombudsman; and notify individuals
and employers seeking assistance of the local
office that the local Ombudsman operates
independently and reports directly to Congress
through the Ombudsman.
Permits the local ombudsman to consult with
relevant supervisory staff of the service bureau
with regard to the daily operation of the local
office; and make the determination not to disclose
individuals or employees seeking its assistance to
the service bureau, at the local ombudsman’s
discretion.
Requires each local office of the Ombudsman
to maintain communication means, including a
post office address, that is separate from the
service bureau.
Sec. 423. Professional Responsibility and
Quality Review.
Requires the Assistant Attorney General for
Citizenship and Immigration Services to be
Sec. 1104(e) Establishes an Office of
Professional Responsibility position within the
service bureau. The office is responsible for
ensuring the professionalism of the bureau and
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H.R. 5005, as passed by the House
July 26, 2002
responsible for professional responsibility and
quality review, specifically: (1) conduct
investigations of employees of the bureau with
regard to allegations involving noncriminal
misconduct, corruption, and fraud that is not
subject to investigation by the Inspector General;
(2) inspect the operations of the bureau and
provide assessments with regard to the quality of
operations; and (3) provide an analysis of the
management of the bureau.
Requires the following special considerations
with regard to assessment of operational
decisions made by the bureau: (1) accuracy of
findings, (2) any fraud or misrepresentation
associated with the decision, and (3) the
efficiency of making such decisions.
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
accepting charges of employee misconduct.
Sec. 424. Employee Discipline.
The Assistant Attorney General for Citizenship
and Immigration Services could, notwithstanding
any other provision of law, impose disciplinary
action, including termination of employment,
pursuant to policies and procedures applicable to
FBI employees, on any employee of the Bureau
of Citizenship and Immigration Services who
willfully deceives the Congress or agency
leadership on any matter.
Sec. 425. Office of Immigration Statistics within
Bureau of Justice Statistics.
Amends the Omnibus Crime Control and Safe
Streets Act of 1968 (creating Sec. 305) by
creating an Office of Immigration Statistics
within the Bureau of Justice Statistics, headed by
a Director who is appointed by the Attorney
General and reports to the Director of Justice
Statistics.
Charges the Director with the following
functions: (1) maintain all immigration-related
statistics of the Bureau of Citizenship and
Immigration Service and the Executive Office for
Immigration Review (EOIR); requires the
statistics to include information and statistics
currently found in the Statistical Yearbook of the
INS; (2) establish reliability and validity
standards with regard to the aforementioned
statistics; (3) requires the Bureau of Citizenship
Sec. 1107. Similar provision, however, creates an
Office of Immigration Statistics within the
Directorate, headed by a Director.
Charges the Director of the Office with the
following functions: (1) maintain all
immigration-related statistics of the newly
created agency and the existing Executive Office
for Immigration Review (EOIR); (2) establish
reliability and validity standards with regard to
the aforementioned statistics; and (3) ensure the
interoperability of the agency and EOIR
databases.
Transfer the functions of the Statistics Branch
of the Office of Policy and Planning of the INS to
the newly created office.
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
and Immigration Services and the Executive
Office of Immigration Review to provide
statistics to the Office of Immigration Statistics;
(4) collect, compile, analyze, publish, and
disseminate statistics and information pertaining
to immigration in the U.S. and the functions of
the agency.
Transfers the functions of the Statistics Branch
of the Office of Policy and Planning of INS to the
newly created office.
Sec. 426. Preservation of Attorney General’s
Authority.
Permits the Attorney General or his/her delegate
to perform immigration functions transferred by
this subchapter to the Bureau of Citizenship and
Immigration Services.
Sec. 427. Effective Date.
Requires the citizenship and immigration
provisions to take effect on the date of the
transfer of the functions.
Sec. 428. Transition.
Sec. 428(a) With regard to INS service functions
transferred, requires the transfer of any reference
in any other federal law, executive order, rule,
regulation, delegation of authority, or any
document or component of government to the
Assistant Attorney General for Citizenship and
Immigration Services.
Sec. 1111. Transfer of Functions.
Requires the transfer of all immigration
functions under U.S. immigration laws vested by
statute or exercised by the Attorney General to
the Secretary on the effective date of the
enactment of this title.
Requires the transfer of all immigration
functions under U.S. immigration laws vested by
statute or performed by the INS Commissioner to
the Directorate of Immigration Affairs on the
effective date of this title.
Sec. 428(a) Requires the transfer (including
additional incidental transfer) and allocation of
personnel, assets, liabilities, contracts, property,
records, unexpended balance of appropriations,
authorizations, allocations, and other relevant
funds from DOJ (with respect to immigration
service functions) to the Assistant Attorney
General for Citizenship and Immigration Services
for allocation to the appropriate component of
DOJ.
Requires that unexpended funds in place prior
Sec. 1112. Requires the transfer and allocation of
personnel, assets, liabilities, contracts, property,
records, unexpended balance of appropriations,
authorizations, allocations, and other relevant
funds from DOJ to the Under Secretary for
allocation to the appropriate component.
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
to the transfer be used for their original purpose.
Gives the Attorney General discretion to realign
staff and funds for up to 2 years after the
enactment of this act.
Subchapter B — Other Provisions
Sec. 431. Maintains INA provision that fees for
adjudication and naturalization services be
deposited into the Immigration Examinations Fee
Account.
No longer funds refugee and asylum processing
from fees collected for adjudication and
naturalization services.
Authorizes appropriations of “such sums as
may be necessary” for refugee and asylum
adjudications to be deposited into the
Immigration Examinations Fee Account.
Sec. 1121. Similar provision except requires fees
collected for service programs to be used for that
purpose (and refugee and asylum processing if
insufficient funds are appropriated) and also
requires separate accounts to be established in the
Treasury of the U.S. for service and enforcement
bureaus.
Requires amounts appropriated to be made
available until expended.
Sec. 432. Amends the Immigration Services and
Infrastructure Improvements Act of 2000 by
extending the deadline for eliminating the
adjudication backlog to 1 year from the date of
enactment of this act.
Sec. 1121. Similar provision.
Sec. 433. Requires the Attorney General (after
consulting with the Secretary of State, Secretary
of Labor, and the Associate Attorney General for
Immigration Affairs, the Directors of both
bureaus, and the Director for EOIR) to submit a
report to Congress with regard to a plan for
implementing a system for more timely and
efficient processing of adjudications no later than
one year from enactment of this act.
Requires the plan to contain the following for
each type of adjudication: (1) potential savings of
resources, (2) goal for processing time of
applications, and (3) statutory modifications with
regard to adjudications, if considered advisable
by the Attorney General.
Sec. 434. Requires the Attorney General to
submit a report to Congress no later than 30 days
after the enactment of this act with respect to
changes in the law and authorizations of
appropriations that are needed in order for INS
and thereafter the Bureau of Citizenship and
Immigration Services to respond to applications
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
for immigration benefits and to otherwise
accommodate changing immigration service
needs.
Sec. 435. Requires the Attorney General, in
consultation with the Technology Advisory
Committee, to establish an Internet-based system
to check status of benefit applications, no later
than one year after the enactment of this act.
Requires the Attorney General to conduct a
study to determine the feasibility of on-line filing,
submit a report to Congress with the findings of
the study.
Establishes an advisory committee to assist
with establishing the internet-based tracking
system
Sec. 1122. Similar provision, except gives the
Under Secretary two years to establish the system
and conduct the study.
Sec. 436. Children’s affairs.
Sec. 436(a). Transfers functions with regard to
the care of unaccompanied minors to the Director
of the Office of Refugee Resettlement of the
Department of Health and Human Services
(DHHS).
Sec. 1211. Similar provision.
Sec. 436(b) Charges the Director with the
following responsibilities: (1) coordinating and
implementing law and policy pertaining to
unaccompanied alien minors; (2) assuring that the
unaccompanied minors’ interests are considered
in all decisions pertaining to his/her care and
custody; (3) making placement determinations on
all unaccompanied minors in custody; (4)
implementing all placement decisions made by
the Office; (5) implementing policies with regard
to unaccompanied minors’ care and placement;
(6) identifying adequate and qualified individuals,
entities, and facilities to house unaccompanied
minors; (7) overseeing facilities and personnel
that house and care for unaccompanied minors;
(8) reuniting unaccompanied minors with their
parents abroad when appropriate; (9) compiling,
updating, and publishing on an annual basis a list
of professionals or entities qualified by states to
provide guardian and attorney representation
services; (10) maintaining statistics and other
Sec. 1211. Similar provision. In addition to the
provisions in H.R. 5005, S. 2452 charges the
Director with the following: (1) convene, in the
absence of the Assistant Secretary of the
Administration for Children and Families of
DHHS, an interagency task force on
unaccompanied minors, and (2) identify a
sufficient number of persons, entities and
facilities to ensure the compliance with family
reunification provisions and (3) oversee such
persons, entities and facilities to ensure their
compliance with provisions.
CRS-48
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
data on unaccompanied minors including
biographical information, the date the minor
came into custody, placement, removal, or release
information and an explanation for all detention
and release cases, and information on dispositions
pertaining to unaccompanied minors; (11)
collecting and compiling statistics from DOJ,
DHS and DOS on each Department’s actions
relating to unaccompanied alien minors; and (12)
conducting investigations and inspections of
facilities that house unaccompanied minors. Also
would encourage use of refugee foster care
system already in place.
Sec. 436(b)(2). Requires the Director of this
office to consult with appropriate juvenile justice
professionals and the Directors of the service and
enforcement bureaus when making placement
decisions with regard to unaccompanied minors
to assure the following: (1) that unaccompanied
minors are likely to appear for all of their
hearings; (2) that unaccompanied minors are
protected from smuggling, traffickers, and others
who might victimize them or engage them in
illegal activities; and (3) that unaccompanied
minors are placed in a safe setting.
Prohibits the Director of this office from
releasing unaccompanied minors on their own
recognition.
Sec. 436(d). Requires the transfer of those
No similar provision, but see Sec. 1211.
functions pertaining to the care of unaccompanied
minors under U.S. immigration laws vested by
statute or performed by the Commissioner of INS
before the effective date of the enactment of this
act.
Sec. 436(e). Requires the transfer of all matters
pertaining to the care of unaccompanied alien
children to the Director of the Office of Refugee
Resettlement (ORR) of DHHS.
Sec. 1213. Provides for the transfer of all
functions, personnel, appropriations, and legal
documents from INS to DHHS; would ensure that
proceedings would continue.
Sec. 436(g). Defines placement as placing an
unaccompanied minor in a detention facility or an
alternative facility; and unaccompanied alien
child as having no lawful immigration status in
the U.S., being under the age of 18, having no
Sec. 1202. Provides definitions for (1) Director,
(2) office, (3) service, (4) voluntary agency, and
(5) unaccompanied refugee children. Provides a
similar definition for unaccompanied alien child.
CRS-49
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
parent or legal guardian in the U.S., or having no
parent or legal guardian in the U.S. available to
provide care and physical custody for the minor.
Chapter 3 — General Provisions
Sec. 441. Abolishment of INS.
Sec. 1101. Similar provision.
Section 442. Voluntary separation incentive
payments.
Allows the Attorney General or the Secretary to
offer voluntary separation incentive payments
(VSIPs) not to exceed $25,000 to eligible
employees of the Immigration and Naturalization
Service, Bureau of Border Security, and the
Bureau of Citizenship and Immigration Services.
VSIPs would be paid from funds appropriated for
the employees’ basic pay. Require the Attorney
General and/or the Secretary to submit a strategic
restructuring plan the appropriate committees of
Congress before obligating funds for VSIPs.
Requires agencies to make an additional payment
to the Civil Service Retirement and Disability
Fund (CSRDF) in each fiscal year that it makes
one or more VSIPs to eligible employees. The
payment to the CSRDF must be equal to the
greater of (1) the amount necessary to offset any
additional costs to the CSRDF resulting from the
separation of employees who receive VSIPS or
(2) 45% of the final basic pay of each employee
who receives a VSIP. Does not require agencies
making VSIPs to reduce the number of full-time
equivalent positions within the agencies. Permits
agencies to move the positions opened through
VSIPs to other occupations or locations.
Section 2203. Permanent extension, revision, and
expansion of authorities for use of voluntary
separation incentive pay and voluntary early
retirement.
Delegates to the Office of Personnel Management
(OPM) – in consultation with the Director of the
Office of Management and Budget (OMB) –
authority to review and approve requests from
federal departments and agencies to offer
voluntary separation incentive payments (VSIPs)
not to exceed $25,000 to employees in particular
occupational groups, organizational units, or
specific geographic locations who retire or resign.
Requires VSIPs to be paid from funds
appropriated for the employees’ basic pay.
Permits agencies with authority to offer VSIP on
the day of enactment to continue to exercise that
authority until it expires. Allows the
Administrative Office of the United States Courts
to offer VSIPs similar to those in the executive
branch. Would not require agencies making
VSIPs to reduce the number of full-time
equivalent positions within the agencies.
Allows agencies undergoing substantial
restructuring, reorganization, or reduction in
force to offer voluntary early retirement with a
reduced annuity to employees who are at least age
50 with 20 years of service or of any age with at
least 25 years of service.
Sec. 443. Authority to Conduct a Demonstration
Project Relating to Disciplinary Action.
The Attorney General and the Secretary could
each, during a period ending not later than five
years after the act’s enactment date, conduct a
demonstration project to determine whether one
or more changes in the policies or procedures
relating to methods for disciplining employees
would result in improved personnel management.
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H.R. 5005, as passed by the House
July 26, 2002
The bill provides details on scope, procedures,
actions involving discrimination, and coverage of
the demonstration project. GAO would prepare
and submit to the House Committees on
Government Reform and the Judiciary and the
Senate Committees on Governmental Affairs and
the Judiciary periodic reports on any
demonstration project. The reports would be
submitted after the second and fourth years of the
project’s operation.
Sec. 444. Sense of Congress.
Provides the following sense of Congress, (1) the
missions of the Bureau of Immigration
Enforcement of the DHS and the Bureau of
Citizenship and Immigration Services of DOJ are
equally important and should be adequately
funded and (2) the border security and the
citizenship and immigration services functions
transferred under this subtitle should not operate
at levels below those in effect prior to enactment.
Sec. 445. Reports and Implementation Plans
Sec. 445. Requires the Attorney General and the
Secretary of DHS to submit the following: (1) a
report on the proposed division and transfer of
funds between both Bureaus, (2) a report on the
division of personnel between both Bureaus and
(3) an implementation plan.
Requires the plan to contain information
pertaining to the separation of the Bureau of
Citizenship and Immigration Services and the
Bureau of Immigration Enforcement as well as
the following: (1) organizational structure; (2)
chain of command; (3) procedures for interaction
among the bureaus; (4) fraud detection and
investigation; (5) the processing and handling of
removal proceedings and applications for relief
from removal; (6) recommendations for
conforming amendments to the INA; (7) the
establishment of a transition team; and (8)
methods to phase in the costs of separating
administrative support systems of both bureaus.
Requires the reports and plan to be submitted to
Congress no later than 120 days after the
enactment of this act. Requires the
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
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H.R. 5005, as passed by the House
July 26, 2002
implementation plan to be submitted every 6
months thereafter until the end of fiscal year
2005.
Sec. 445(b) Division of Personnel.
The Attorney General and the Secretary, not later
than 120 days after the act’s effective date, would
each submit to the House and Senate Committees
on Appropriations and the Judiciary a report on
the proposed division of personnel between the
Bureau of Citizenship and Immigration Services
and the Bureau of Border Security.
Sec. 445(d). Requires the Comptroller General to
submit a report to Congress with regard to the
status of the transition and any issues that have
arisen pertaining to the transfer, no later than 18
months after the date on which the functions are
transferred, and every six months thereafter until
full implementation has been completed.
Not later than four years after the transfer,
requires a report on the study of determinations
pertaining to the improvement of immigration
functions as a result of the transfer, including
operations, management, financial
administration, and record keeping, as well as
recommendations for further improvements in
both bureaus.
Requires the Comptroller General to submit a
report to Congress no later than one year after the
date of enactment of this act with regard to
whether the Bureau of Citizenship and
Immigration Services is likely to derive adequate
funds, in the absence of appropriated funds, from
its fee-based programs.
Sec. 446. Immigration Functions.
Requires the Attorney General to submit a report
to Congress, one year after enactment, with
regard to the impact the transfers have had on
immigration functions. Would require the report
to include: (1) number of all immigration
applications and petitions received and processed;
(2) statistics by region on number of immigration
applications and petitions filed and denied; (3)
quantity of backlogged applications and petitions
that have been processed, the number awaiting
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
CRS-52
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
processing and a plan detailing the elimination of
the backlog; (4) average processing period for
immigration applications and petitions; (5)
number and types of immigration-related
grievances filed; (6) plans to address grievances;
(7) whether fees were used consistent with the
legal requirements; and (8) whether immigrationrelated questions were answered effectively and
efficiently.
States a sense of Congress that the quality and
efficiency of immigration services should be
improved after the transfers take effect and that
the Attorney General should undertake efforts to
guarantee that concerns pertaining to the quality
and efficiency of immigration services are
addressed.
Subtitle C — United States Customs Service.
Sec. 451. Establishment; Commissioner of
Customs.
(a) Establishes the Customs Service within the
Department of Homeland Security, under the
Under Secretary for Border and Transportation
Security. Vests the Customs Service with certain
elements of the “customs revenue function” that
are performed by specified Customs personnel
(sec. 457(7)), along with personnel assets, and
liabilities attributable to those functions.
Requires that Customs be headed by a
Commissioner to be appointed with the advice
and consent of the Senate.
Sec. 451 (b) Establishes Commissioner of
Customs as PAS position, to be compensated at
Level III of the Executive Schedule.
Responsibilities are identified in the succeeding
sections.
Sec. 131(c)(1) Places the Customs Service in the
Directorate of Border and Transportation
Protection as a “distinct entity.”
Sec. 452. Retention of customs revenue function
by Secretary of the Treasury.
Prohibits the transfer of the authority vested in
the Secretary of the Treasury by listed provisions
of law related to certain “customs revenue
functions,” including any other unlisted related
provision, to the Secretary of Homeland Security.
Sec. 131(d)(1) and (2). Exercise of Customs
Revenue Authority.
Prohibits the transfer of authority to issue
regulations vested in the Secretary of the
Treasury by listed provisions of law related to
certain “customs revenue functions,” including
any unlisted related provisions, to the Secretary
CRS-53
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
Authorizes the Secretary of the Treasury to
delegate at his discretion such authority to the
Secretary of Homeland Security. Lists specified
provisions of law and corresponding authorities
that are not to be transferred from the Secretary of
the Treasury to the Secretary of Homeland
Security by reason of this bill (identical to Senate
bill), as well as, any other unlisted provisions of
law vesting customs revenue functions in the
Secretary of the Treasury. To maintain customs
revenue functions, prohibits the Secretary of
Homeland Security from consolidating, altering,
discontinuing, or diminishing certain customs
revenue functions; or reducing the staff, or their
level of compensation and benefits, who are
attributable to such functions. Stipulates that
trade-related customs revenue functions are those
carried out by: Import Specialists, Entry
Specialists, Drawback Specialists, National
Import Specialists, Fines and Penalties
Specialists, Attorneys of the Office of
Regulations and Rulings, Customs Auditors,
International Trade Specialists, and Financial
Systems Specialists. Authorizes the Secretary of
the Treasury to appoint 20 additional personnel to
work with the Department of Homeland Security
on customs revenue functions.
of Homeland Security. Requires the Secretary of
the Treasury to exercise this authority with the
concurrence of the Secretary of Homeland
Security. Authorizes the Customs Commissioner
to engage in activities to develop and support the
issuance of such regulations. Makes the
Secretary of Homeland Security responsible for
the implementation and enforcement of
regulations related to customs revenue functions.
Within 60 days of enactment, requires the
Secretary of the Treasury to report to the Senate
Committee on Finance and the House Ways and
Means Committee on proposed conforming
amendments to certain international trade-related
statutes in order to properly allocate legal
authorities related to customs revenue functions,
and to identify the authorities vested in his office
that are exercised by the Customs Commissioner.
Lists specified provisions of law and
corresponding authorities that are not to be
transferred from the Secretary of the Treasury to
the Secretary of Homeland Security by reason of
this bill (identical to Senate bill), as well as, any
other unlisted provisions of law vesting customs
revenue functions in the Secretary of the
Treasury.
Sec. 453. Establishment and implementation of
cost accounting system; reports.
Requires the Customs Commissioner to establish
and implement a cost accounting system, by
September 30, 2003, that will track expenses by
type of operation and port of entry that are
covered by customs user fees. Requires the
Commissioner to report to the House Committee
on Ways and Means and the Senate Committee
on Finance on the progress of implementing this
system on a quarterly basis.
Sec. 454. Preservation of Customs funds.
Prohibits the transfer of Customs user fees for use
by any other agency or department other than the
Customs Service.
Sec. 455. Separate budget request for Customs.
Requires the President to include a separate
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
budget request for the Customs Service in each
budget transmitted to Congress.
Sec. 456. Payment of duties and fees.
Amends sec. 505(a) of the Tariff Act of 1930 (19
U.S.C. 1505(a)), requiring importers to deposit
estimated duties and fees at entry or such later
time as Customs may prescribe by regulation, to
limit such later prescribed period to 10 working
days after entry or release, whichever occurs
earlier; adds an exemption for merchandise
covered by an import activity summary statement
to the current exemption for merchandise entered
for warehouse or transportation or under bond.
Further amends 505(a) to require that where an
import summary statement is filed, the importer
must deposit estimated duties and fees covered by
the statement no later than the 15th day of the
month following the month in which the
merchandise is entered or released, whichever
occurs earlier. Statute currently allows Customs
regulations to require that estimated duties and
fees be deposited before or at the time such a
statement is filed.
Sec. 457. Definition: customs revenue function.
Defines “customs revenue function” to include:
(1) assessing and collecting customs duties
(including antidumping and countervailing duties
and duties imposed under safeguard provisions),
excise taxes, fees, penalties due on imported
merchandise, including classifying and valuing
imported merchandise for the purposes of such
assessment; (2) processing and denial of entry of
persons, baggage, cargo, and mail for entry into
the United States with respect to assessing and
collecting import duties; (3) detecting and
apprehending persons engaged in customs-related
fraud; (4) enforcing section 337 of the Tariff Act
of 1930 (infringing imports) and provision related
to import quota and the marking of imported
merchandise, as well as, providing Customs
recordations for copyrights, patents, and
trademarks; (5) collecting accurate import
statistics; (6) enforcing reciprocal trade
agreements; (7) any functions performed by
Customs import specialists and other personnel
Sec. 131(d)(3). Definition: customs revenue
function.
Defines “customs revenue function” to include:
(1) assessing, collecting, and refunding duties,
excise taxes, fees, and any liquidated damages or
penalties due on imported merchandise, including
classifying and valuing merchandise and the
procedures for entry; (2) administering section
337 of the Tariff Act of 1930 (infringing imports)
and provisions related to import quotas and the
marking of imported merchandise, as well as,
providing Customs recordations for recording
copyrights, patents and trademarks; (3) collecting
accurate import data for compilation of
international trade statistics; and (4)
administering reciprocal trade agreements and
trade preference legislation.
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H.R. 5005, as passed by the House
July 26, 2002
engaged in trade-related activities (Import
Specialists, Entry Specialists, Drawback
Specialists, National Import Specialists, Fines
and Penalties Specialists, Attorneys of the Office
of Regulations and Rulings, Customs Auditors,
International Trade Specialists, and Financial
Systems Specialists); and (8) any functions
performed by certain offices within the Customs
Service at the date of enactment (Information and
Technology, Laboratory Services, Chief Counsel,
Congressional Affairs, International Affairs, and
Training and Development).
Sec. 458. GAO report to Congress.
Not later than 3 months after enactment, requires
the Comptroller General of the United States to
submit a report to Congress that sets forth all
trade functions performed by the executive
branch, specifying each agency that performs
each function.
Sec. 459. Allocation of resources by the
Secretary.
Requires the Secretary of Homeland Security to
provide adequate staffing for “Customs revenue
services” so that the level of those services would
not be diminished from the level that existed on
the date of enactment. Requires the Secretary to
notify the House Committee on Ways and Means
and the Senate Committee on Finance at least 180
days in advance of any action that: (1) would
result in a significant reduction in customs
revenue services at any Customs office or port of
entry; (2) eliminate or relocate of any
departmental office that provides customs
revenue services; or (3) eliminate of any port of
entry. Defines “customs revenue services” as
those activities described in paragraphs (1)
through (6) and (8) of sec. 457 (described above).
Sec. 460. Reports to Congress.
Requires the Customs Service to continue to
submit after the effective date of this Act any
report required to be submitted under any
provision of law to the House Committee on
Ways and Means and the Senate Committee on
Finance prior to the effective date of this Act.
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
CRS-56
H.R. 5005, as passed by the House
July 26, 2002
Sec. 461. Customs User Fees.
Amends 19 U.S.C. §58c(f) in regard to the
disposition of Merchandise Processing Fees
(MPFs). Creates within the general fund of the
Department of the Treasury a “Customs
Commercial and Homeland Security Account.”
Requires that $350 million in MPF receipts be
deposited into that account in FYs 2003, 2004,
and 2005. Authorizes for appropriation in FYs
2003-2005 such amounts as available from that
account for the development, establishment, and
implementation of the Automated Commercial
Environment (ACE). Requires further that the
Secretary of the Treasury adjust the level of
MPFs for FY2006 to reflect the amount that total
fees deposited into the account during FYs 20032005 exceed total appropriations from that
account.
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
CRS-57
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
H.R. 5005, Title V. Emergency
Preparedness and Response
S. 2452, Title I, Sec. 134.
Directorate of Emergency
Preparedness and Response
Sec. 501. Under Secretary for Emergency
Preparedness and Response.
Requires the Secretary of DHS, through the
Under Secretary for Emergency Preparedness and
Response (EPR), to:
Sec. 134(a). Establishes the Directorate of
Emergency Preparedness and Response (EPR) in
DHS, with an Under Secretary appointed by the
President, subject to Senate approval.
Sec. 134(b). Places responsibility in EPR for:
(1) help ensure preparedness of emergency
response providers for terrorist attacks, major
disasters (as defined in 42 U.S.C. 5122(2)), and
“other emergencies”; [note: Sec. 402 (7) transfers
Office of Domestic Preparedness and National
Domestic Preparedness Office (NDPO) functions
to the Under Secretary for Border and
Transportation Security]
(1)(2) all emergency response and preparedness
activities of the Federal Emergency Management
Agency, and the responsibilities of the NDPO
(FBI);
(3) organizing and training “local entities” to
respond to “emergencies” and providing
equipment and training for WMD emergencies;
(4) overseeing federal, state, and local
preparedness training and exercises in accordance
with intelligence estimates, and provide a single
staff for federal assistance in any emergency,
including natural disasters, human health or
agricultural disease outbreaks, or terrorist attacks;
(2) for the Nuclear Incident Response Team
(NIRT), defined in Sec. 504, regardless of its
status as a unit of DHS, establish standards and
certify when they are met, conduct training
exercises, and provide funds to Dept. of Energy
and EPA for preparedness activities;
(3) provide, manage, and coordinate federal
resources in response to a terrorist attack or major
disaster, including directing the Domestic
Emergency Support Team, Strategic National
Stockpile, National Disaster Medical System, the
Metropolitan Medical Response System, and
NIRT (when the latter operates as a DHS unit);
(9) coordinating with other agencies to carry out
functions of the Office of Emergency
Preparedness (OEP) in HHS;
(10) consulting and collaborating with, and
transferring funds to, CDC or other agencies
regarding that agency’s administration of the
Strategic National Stockpile;
(4) aid recovery and treat the psychological
consequences of disasters, including training
mental health workers;
(5) build a comprehensive national incident
management system to coordinate federal, state,
and local response;
(5) creating a National Crisis Action Center to
monitor emergencies, notify affected
governments, and coordinate federal support for
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
public and private entities;
(6) consolidate existing federal response plans
into a single, coordinated national response plan;
(6) coordinating and integrating activities of the
Department of Defense, National Guard, and
other agencies into a federal response plan;
(8) developing a single response system “for
national incidents” in coordination with the DoJ,
FBI, HHS, CDC, and other appropriate agencies;
(7) develop comprehensive programs for
developing interoperative communications
technology.
No similar provision, see (12), below for
interoperability standards for medical responses
(7) coordinating recovery and consequence
management activities of the private sector,
including animal health and plant disease
communities and the medical community;
(11) consulting with the Under Secretary for
Science and Technology, the Secretary of
Agriculture, and the CDC in establishing and
updating the list of bioagents and toxins related to
the select agent registration program;
(12) developing a plan to address the use of
medical informatics (i.e., the application of
information technologies to healthcare) in the
medical response to terrorism to address such
issues as interoperability standards, real-time data
collection, and epidemiological surveillance of
human health and agricultural diseases, among
others.
(13) performing other duties as assigned by the
Secretary of DHS
Sec. 502. Functions Transferred.
Transfers “functions, personnel, assets, and
obligations” of the following agencies to the
Secretary:
Sec. 134(c). Transfers “authorities, functions,
personnel, and assets” of the following agencies
to the EPR Directorate:
(1) Federal Emergency Management Agency, and
Integrated Hazard Information System of DoD
(1) Federal Emergency Management Agency as a
distinct entity within DHS, including ten regional
offices to be strengthened and maintained
(see Sec. 402 (6),(7))
(2) NDPO (FBI)
(3) Office of Domestic Preparedness (DOJ)
(2) OEP, the National Disaster Medical System
(4) similar provision, but also specifies within
CRS-59
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
(NDMS), the Metropolitan Medical Response
System (MMRS), and related functions of the
Secretary of HHS and the Assistant Secretary for
Public Health Emergency Preparedness
OEP the Noble Training Center, Disaster Medical
Assistance Teams and Disaster Mortuary
Operational Response Teams (included within
NDMS and listed separately), special events
response, and citizen preparedness programs
(3) functions, personnel, assets, and obligations
of the Strategic National Stockpile (formerly the
National Pharmaceutical Stockpile) to DHS.
Pursuant to Sec. 905, the HHS Secretary would
continue to manage the stockpile and determine
its contents
(5) authorities, functions, personnel, and assets of
the Strategic National Stockpile and the HHS
potassium iodide program (created by Sec. 127 of
the bioterrorism legislation (P.L. 107-188)
(6) Select Agent Registration Program of HHS
and Department of Agriculture, specifically
sections 201 and 221 of P.L. 107-188.
Sec. 134(d). Authorizes an individual to serve as
Under Secretary for EPR and Director of FEMA,
with Senate approval, limits pay of individual
appointed to both positions to that provided for
the higher of the two
Sec. 134(e). Within one year of enactment the
Under Secretary for EPR must report to Congress
on status of a national medical informatics system
and capacity to meet goals set out in Sec.
134(b)(12)
Sec. 503. Nuclear Incident Response.
Provides for the NIRT (defined in Sec. 504) to
operate as an organizational unit of the DHS in
the event of an emergency in the U.S. Otherwise
maintains the current Team element
responsibilities of the Secretary of Energy and the
Administrator of the Environmental Protection
Agency. Provides for continued indemnification
of current Department of Energy contractors
when their Team elements are operating as a unit
of the Department
Sec. 504. Definition.
Defines NIRT as (1) those entities of the
Department of Energy that perform nuclear or
radiological emergency support functions,
including Radiation Emergency
Assistance/Training Site (REAC/TS), plus (2)
those entities of the Environmental Protection
CRS-60
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
Agency that perform radiological emergency
response and support functions
Sec. 505. Conduct of Certain Public HealthRelated Activities.
Requires the HHS Secretary, in collaboration
with the Secretary of DHS, to set priorities and
preparedness goals (including benchmarks and
outcome measures for evaluating progress) and to
develop a coordinated strategy for activities to
improve state, local, and hospital preparedness
and response
Sec. 506. Role of Federal Emergency
Management Agency.
Maintains FEMA’s role as lead agency for the
Federal Response Plan; instructs FEMA Director
to update Federal Response Plan within 60 days
to incorporate new DHS; maintains FEMA’s
focus on response, recovery, preparedness, and
mitigation for natural hazards;
Sec. 507. Sense of Congress Regarding Funding
of Trauma Systems.
Expresses sense of Congress that states should
use federal bioterrorism funding (through P.L.
107-188) to develop trauma care and burn center
care components.
S. 2452, Title I, Subtitle C – National
Emergency Preparedness Enhancement.
Sec. 151. Short title:
National Emergency Preparedness Enhancement
Act of 2002
Sec. 152. Preparedness Information and
Education.
Establishes a National Clearinghouse on
Emergency Preparedness, which shall consult
with heads of federal agencies and private sector
representatives to collect information relevant to
national strategy;
Lists clearinghouse duties, including serving as
a one-stop center for emergency preparedness
information, including a web site and other
contact information, informing states, localities,
and private entities of federal grant opportunities,
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H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
and distributing preparedness education tools,
distributing information on best practices in
emergency preparedness;
Requires clearinghouse to conduct a public
awareness campaign, including an annual
National Emergency Preparedness Week
Sec. 153. Pilot Program.;
Requires department to award grants to private
entities to improve emergency preparedness
through evacuation plans, drills, security
measures, preparedness technologies, and
employee education
Sec. 154. Designation of National Emergency
Preparedness Week.
Designates each week that includes September 11
as “National Preparedness Week,” during which
the President and federal agencies will conduct
public education programs
CRS-62
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
H.R. 5005, Title VI —
Management
Sec. 601. Under Secretary for Management.
In general, the responsibilities would include (1)
budget, appropriations, expenditures of funds,
accounting, and finance; (2) procurement; (3)
human resources and personnel; (4) information
technology and communications systems; (5)
facilities, property, equipment, and other material
resources; (6) security for personnel, information
technology and communications systems,
facilities, property, equipment, and other material
resources; (7) identification and tracking of
performance measures relating to the
responsibilities of the department; (8) grants and
other assistance management programs; (9)
transition and reorganization process, to ensure
an efficient and orderly transfer of functions and
personnel to the department, including the
development of a transition plan; (10) conduct of
internal audits and management analyses of the
programs and activities of the department; and
(11) any other management duties that the
Secretary may designate.
For Immigration Enforcement: maintenance of all
immigration statistical information of the Bureau
of Border Security, including data such as that
contained in the current Statistical Yearbook of
the Immigration and Naturalization Service;
establishment of standards of reliability and
validity for immigration statistics to be collected
by the newly created Bureau of Border Security;
and assumption of functions currently performed
by the statistics Branch of the office of Policy and
Planning of the Immigration and Naturalization
Service with respect to the border patrol program,
detention and removal program, intelligence
program, investigations program, and inspections
program.
Sec. 104. Under Secretary for Management,
appointed by President subject to confirmation
Responsibilities may include (1) the budget,
appropriations, expenditures of funds,
accounting, and finance; (2) procurement; (3)
human resources and personnel; (4) information
technology and communications systems; (5)
facilities, property, equipment, and other material
resources; (6) security for personnel, information
technology and communications systems,
facilities, property, equipment, and other material
resources; and (7) identification and tracking of
performance measures relating to the department
responsibilities.
Sec. 602 Chief Financial Officer.
CFO for DHS shall report to the Secretary or
another department official as the Secretary may
direct. All other CFO positions coming under the
Sec. 107(b) brings CFO for DHS under Chapter 9
of 31 USC. Hence CFO reports directly to the
Secretary.
CRS-63
H.R. 5005, as passed by the House
July 26, 2002
S. 2452, Lieberman Substitute agreed to
by Committee, July 25, 2002
CFO Act (Chapter 9 of 31 U.S.C.), report directly
to the agency head.
Sec. 603. Chief Information Officer (appointed
under Sec. 103(d)(5))
Notwithstanding 44 U.S.C. 3506(a)(2), shall
report to the Secretary, or to another official of
the department, as the Secretary may direct.
Note: Other statutory CIOs report only to the
head of the agency.
Sec. 604. Establishment of Office for Civil
Rights and Civil Liberties.
Secretary shall establish an Office for Civil
Rights and Civil Liberties, headed by the Director
for Civil Rights and Civil Liberties. The
Director’s responsibilities include:
(1) reviewing and assessing information alleging
abuses by employees and officials of the
department;
(2) making public, through mass media,
information on the responsibilities and functions
of and how to contact the office; and
(3) submitting a report semiannually to Congress
on impl
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