# Homeland Security: Side-by-Side Comparison of H.R. 5005 and S. 2452, 107th Congress > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/crs%3ARL31513 ## Record - **Collection:** Congressional research report - **Document type:** CRS Report - **Published:** August 26, 2002 - **Citation:** RL31513 ## Text Order Code RL31513 Report for Congress Received through the CRS Web 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 CRS-9 H.R. 5005, as passed by the House July 26, 2002 S. 2452, Lieberman Substitute agreed to 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. CRS-10 H.R. 5005, as passed by the House July 26, 2002 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). CRS-11 H.R. 5005, as passed by the House July 26, 2002 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 CRS-13 H.R. 5005, as passed by the House 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. CRS-14 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 CRS-15 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 CRS-16 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 CRS-17 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 CRS-18 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 CRS-19 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 CRS-20 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 CRS-21 H.R. 5005, as passed by the House July 26, 2002 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. CRS-23 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 CRS-24 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 CRS-26 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 CRS-27 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 CRS-29 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 CRS-34 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 CRS-35 H.R. 5005, as passed by the House July 26, 2002 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 CRS-36 H.R. 5005, as passed by the House July 26, 2002 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 CRS-37 H.R. 5005, as passed by the House July 26, 2002 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. CRS-38 H.R. 5005, as passed by the House 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. CRS-40 H.R. 5005, as passed by the House 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 CRS-41 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) CRS-42 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. CRS-43 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 CRS-44 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. CRS-45 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 all [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3ARL31513. Public record. Not legal advice.