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

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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.

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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

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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

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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

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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
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
H.R. 5005: To establish the Department of
S. 2452: To establish the Department of National
Homeland Security, and for other purposes.
Homeland Security and the National Office for
Combating Terrorism.
Sec. 1. Short Title; Table of Contents.
Sec. 1. Short Title.
“Homeland Security Act of 2002”
“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).

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CRS-2
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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,
local government: same meaning given under
city, town, township, local public authority,
section 102(6) of the Robert T. Stafford Disaster
school district, special district, intrastate district,
Relief and Emergency Assistance Act (P.L. 93-
council of governments (regardless of whether it
288)
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.
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

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CRS-3
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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,
United States: the term when used in a
means any state of the U.S., D.C., Puerto Rico,
geographic sense, means any State (within the
Virgin Islands, Guam, American Samoa,
meaning of P.L. 93-288), any possession of the
Northern Mariana Islands, any possession of the
U.S., and any waters within the jurisdiction of the
U.S. and any waters within the jurisdiction of the
U.S.
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.
S. 2452, Title VI — Effective Date
Act will take effect 30 days after the date of
Sec. 601. Act will take effect 30 days after the
enactment of this Act or, if enacted within 30
date of enactment of this Act or, if enacted within
days before January 1, 2003, on January 1, 2003.
30 days before January 1, 2003, on January 1,
2003.

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CRS-4
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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.
Sec. 101 Establishment of the Department of
Establishes DHS as an executive department
National Homeland Security.
within the meaning of Title 5, United States
Establishes DHS by amending 5 U.S.C. 101 and
Code, and the primary mission of the department,
the 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.
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,
Sec. 102(a) Establishes position of Secretary,
appointed by President subject to Senate
appointed by President subject to Senate
confirmation (PAS), at the head of DHS. Vests
confirmation (PAS), as “the head of” DHS.
functions of all subordinate employees and units
[Vesting of all authority, functions, and ability to
in the Secretary.
delegate not specified.]
Sec. 102(b) Allows Secretary to delegate
Sec. 102(b) Directs Secretary to develop
functions within department; provides Secretary
policies, goals, objectives, priorities, and plans
with authority to make contracts, grants and
for U.S. homeland security, particularly with
agreements; and directs Secretary to ensure
regard to terrorism; to administer, carry out and
compatibility of information systems and
promote the other established missions of
databases within department and with appropriate
departmental entities; to develop, with the
databases of other departments.
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

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CRS-5
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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 cross-
agency 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
Sec. 102(b)(9) Directs Secretary to include, as
state and local governments, the private sector,
appropriate, state and local governments and
and other entities including by ensuring adequate
other entities in department homeland security
planning, equipment, training and exercise
activities, including providing intelligence
activities; coordinating and consolidating federal
information and warnings regarding terrorism
communications and communications systems
threats; facilitating state and local collection and
related to homeland security; and distributing or
dissemination of intelligence information and
coordinating distribution of warnings and
provision of such information to the department
information.
and other agencies; coordinating government,
private sector, and other entities to ensure

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CRS-6
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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.
Sec. 102(c)(2) Visa Issuance.
Gives the Secretary authority to issue regulations
Gives the Secretary authority to issue regulations
on visa policy.]
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
Sec. 102(d) Makes Secretary a member of the
National Security Council Meetings at the
National Security Council.
direction of the President.
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
Sec. 103(a) Establishes Deputy Secretary of
Under Secretaries as PAS positions; Deputy will
Homeland Security as PAS position.
be first assistant.
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
Sec. 132(a)(2) Establishes Under Secretary for
Information Analysis and Infrastructure
Intelligence as PAS position with responsibilities
Protection as PAS position (responsibilities
described in Sec. 132(b).
identified in Title II).
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

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CRS-7
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Science and Technology as PAS position
Science and Technology as PAS position and
(responsibilities, see Title III).
identifies responsibilities of that position.
Sec. 103(a)(4) Establishes Under Secretary for
Sec. 131(a)(2) Establishes Under Secretary of
Border and Transportation Security as PAS
Border and Transportation Protection as a PAS
position (responsibilities, see Title IV).
position with responsibilities identified in Sec.
131(b).
Sec. 103(a)(5) Establishes Under Secretary for
Sec. 134(a)(2) Establishes Under Secretary of
Emergency Preparedness and Response as PAS
Emergency Preparedness and Response as a PAS
position (responsibilities, see Title V).
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
Sec. 104. Establishes Under Secretary for
Management as PAS position (responsibilities,
Management as PAS position. Directs Under
see Title VI).
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)
Sec. 105. Establishes Assistant Secretaries, nte
four Assistant Secretaries as PAS positions.
five (not including two Assistant Secretaries
identified below), as PAS positions. General
Sec. 103(d)(2) Establishes nte eight Assistant
responsibilities will be described by President
Secretaries, appointed by President and not
when submitting nomination; functions will then
subject to confirmation (PA).
be assigned as Secretary determines appropriate.
Sec. 412(a)(2) Establishes Assistant Secretary of
Sec. 1104(a) Establishes Assistant Secretary for
the Bureau of Border Security reporting to the
Immigration Affairs within the Bureau of
Under Secretary. [Not clear if this is one of those
Immigration Services, appointed by Secretary in
specified in 103(a)(7), 103(d)(2), or neither.]
consultation with the Under Secretary of

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CRS-8
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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
Sec. 107(a) Chief Financial Officer position
created as PAS position. Procedure for
created, to be appointed or designated as
appointment of CFO akin to that for existing
prescribed in sec. 901(a)(1) of 31 U.S.C. (as for
positions under the CFO Act of 1990 (see
existing CFOs in cabinet departments: CFO to be
adjacent entry).
nominated by President and confirmed by Senate,
or designated from among agency officials so
Sec. 103(e) Performance of specific functions.
appointed.)
Officers of the Department [CFO included] “shall
perform the functions specified by law for the
Sec. 107(b) Chief Financial Officer in DHS.
official’s office or prescribed by the Secretary.”
Technical and conforming amendment to bring
[CFO apparently to be position created de novo,
position fully under Chapter 9 of 31 U.S.C., with
not formally under Chapter 9 of Title 31.]
same authority and functions as for other agency
CFOs, and with creation of a Deputy Chief
Sec. 421(e) Establishes Chief Budget Officer for
Financial Officer in DHS.
the Bureau of Citizenship and Immigration
Services in the Department of Justice.
Sec. 1103. Establishes a Chief Financial Officer
Responsibilities are identified in the same
for the Directorate of Immigration Affairs as a
section. [Appointment process not specified.]
career-reserved Senior Executive Service (SES)
position, with authorities and functions
prescribed in 31 U.S.C. 902(a)(1), reporting to
the Under Secretary of the Directorate, and with
responsibilities identified in the same section.
Although established as an SES position, the
position is to be compensated at Level V of the
Executive Schedule. Also establishes Deputy
Chief Financial Officer under 31 U.S.C.
903(a)(1).
Sec. 1104. Establishes a Chief Budget Officer for
the Bureau of Immigration Services, under the
authority of the Chief Financial Officer of the
Directorate, with responsibility for monitoring

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CRS-9
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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),
Sec. 106. Establishes Inspector General (IG) as
appointed under provisions of IG Act of 1978
PAS position under the provisions of Inspector
(PAS position).
General Act of 1978, as amended by this Act.
Directs IG to designate an official to review
Sec. 701. Gives Secretary greater authority,
information and receive complaints regarding
direction, and control over the IG in certain areas;
alleged civil rights and civil liberties abuses by
allows the Secretary to prohibit certain
the department, to publicize such a process, and
investigations under certain circumstances;
to report to Congress semi-annually on
requires that the Secretary notify the IG and the
implementation of this function, findings and
IG transmit that notification, with comment, to
expenditures. Gives Secretary greater authority,
the President of the Senate, the Speaker of the
direction, and control over the IG in certain areas;
House, and appropriate committees and
allows Secretary to prohibit certain investigations
subcommittees of Congress; provides that the
under certain circumstances; and requires that
Secretary’s prohibition authority does not limit
Secretary notify the IG and the IG transmit that
the right of Congress or congressional
notification, with comment, to the President of
committees to information; and specifically
the Senate, the Speaker of the House, the Senate
provides for IG oversight of internal
Governmental Affairs Committee, the House
investigations by the office of Internal Affairs of
Committee on Government Reform, and other
the U.S. Customs Service and the Office of
appropriate committees and subcommittees of
Inspections of the U.S. Secret Service.
Congress. Provides for the interaction between IG
and other offices performing internal
Sec. 815. Provides for continuity between prior
investigation and auditing functions, including
IG and new department IG.
assignment to the IG of oversight responsibility
for internal investigations and audits by any other
Sec. 901. Provides conforming and technical
office in the department; communication of the
amendments for the Inspector General Act of
activities of other offices to the IG; authority of
1978.
the IG to initiate other audits and investigations;
provision of notice of such investigations to other
offices; and provisions for informing Congress.
Sec. 103(c) Provides that the Commandant of the
Sec. 131(c)(2) Stipulates Coast Guard will be a
Coast Guard, be appointed as provided in 14
distinct entity.
U.S.C. 44 (PAS position), with duties specified in
14 U.S.C. 2. Reports directly to the Secretary.
Sec. 131(e)(6) Provides that the Commandant
will report directly to the Secretary.
Sec. 402(2) Stipulates Coast Guard will be a
distinct entity.

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CRS-10
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Sec. 103(d)(1) Establishes General Counsel as
Sec. 109. Establishes General Counsel as a PAS
PA position and as chief legal officer of the
position. Directs General Counsel to serve as the
department.
chief legal officer of the department; provide
legal assistance to the Secretary concerning the
Sec. 421(d) Establishes a General Counsel for the
programs and policies of the department; and
Bureau of Citizenship and Immigration Services
advise and assist the Secretary in carrying out his
in the Department of Justice. Responsibilities are
or her responsibilities.
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
Sec. 138. Maintains U.S. Secret Service as a
Secret Service as PA position.
“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
Sec. 108. Chief Information Officer, designated
Officer (CIO) as a PA position.
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
Sec. 110. Establishes Civil Rights Officer as a
Civil Rights and Civil Liberties. Responsibilities
PAS position, with responsibilities identified in
identified in the same section.]
Sec. 110(b).
[Sec. 205. Provides that the Secretary will
Sec. 111. Establishes Privacy Officer, to be
appoint a “senior official as Privacy Officer, with
appointed by the Secretary, with responsibilities
responsibilities identified in Sec. 205.]
identified in Sec. 111(b).
Sec. 112. Chief Human Capital Officer.
The Secretary would appoint or designate a Chief
Human Capital Officer (CHCO) to advise and
assist the Secretary and department officers in
ensuring that the workforce of the department has
the necessary skills and training, and that the
department’s recruitment and retention policies
allow it to attract and retain a highly qualified
workforce, in accordance with all applicable laws
and requirements, to enable the department to
achieve its missions. Seven additional CHCO
responsibilities are identified in Sec. 112(b).

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CRS-11
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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
Sec. 137(c)(1)(A) Establishes Chief Homeland
Government Coordination within the Office of
Security Liaison Officer, appointed by the
the Secretary.]
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.

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CRS-12
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
H.R. 5005, Title II —
S. 2452, Title I, Sec. 133.
Information Analysis and
Directorate of Critical Infrastructure
Infrastructure Protection
Protection
H.R. 5005, Title II, Subtitle A — Under
Secretary for Information Analysis and
Infrastructure Protection.
Sec. 201. Establishes Under Secretary;
Sec. 133. Directorate of Critical Infrastructure
Responsibilities.
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.
Sec. 133(b) Responsibilities.
(1) Conducting analysis of information, including
The Directorate of Critical Infrastructure
foreign intelligence and open source information
Protection shall be responsible for the following:
lawfully collected by federal, state, and local law
(1) Receiving relevant intelligence information
enforcement agencies and by elements of the
from a variety of sources;
intelligence community with respect to threats of
(2) Integrating relevant intelligence information
terrorist acts against the United States;
in order to develop vulnerability assessments for
(2) Integrating information, intelligence, and
use by federal, state, and local authorities;
intelligence analyses to produce and disseminate
(3) Developing a comprehensive national plan for
infrastructure vulnerability assessments with
securing the key resources and critical
respect to such threats;
infrastructure in the United States;
(3) Identifying priorities for protective and
(4) Establishing specialized research and analysis
support measures by the Department, by other
units for the purpose of processing intelligence to
executive agencies, by state and local
identify vulnerabilities and protective measures in
governments, by the private sector, and by other
(A) public health, (B) food and water, (C)
entities;
commerce systems, (D) energy systems, (E)
(4) Reviewing, analyzing, and recommending
transportation systems, (F) information and
improvements in law, policy, and procedure for
communication systems; (G) continuity of
the sharing of intelligence and other information
government services; and (H) other systems or
with respect to threats against the United States
facilities;
within the federal government and between the
(5) Enhancing the sharing of information
federal government and state and local
regarding cyber security and physical security of
governments;
the United States;
(5) Developing a comprehensive national plan to
(6) Acting as the Critical Information
provide for the security of key resources and
Technology, Assurance, and Security Officer of
critical infrastructures; including, but not limited
the Department;
to, power production, generation, and distribution
(7) Coordinating the activities of the Information

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CRS-13
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
systems, information technology and
Sharing and Analysis Centers to share
telecommunications systems (including
information between the public and private
satellites), electronic financial and property
sectors on threats, vulnerabilities, individual
record storage and transmission systems,
incidents, and privacy issues;
emergency preparedness communications
(8) Working with the Department of State on
systems, and the physical and technological assets
cyber security with respect to international bodies
that support such systems;
and coordinating with appropriate agencies in
(6) Coordinating with other executive agencies,
helping to establish cyber security policy,
state and local government personnel, agencies
standards, and enforcement mechanisms;
and authorities, and the private sector, to provide
(9) Providing leadership and focus on both cyber
advice on implementation of such comprehensive
security and physical security within
national plan;
the United States government; and
(7) Supporting the intelligence and information
(10) Performing such other duties as assigned.
requirements of the Department; and
(8) Administering the Homeland Security
Advisory System.
Sec. 202. Functions Transferred.
Sec. 133(c) Transfer of Authorities, Functions,
Personnel, and Assets to the Department.
(1) National Infrastructure Protection Center of
(1) The Critical Infrastructure Assurance Office
the FBI, excluding the Computer Investigations
of the Department of Commerce.
and Operations Section.
(2) National Communications System of the
(2) The National Infrastructure Protection
Department of Defense.
Center of the Federal Bureau of Investigation
(other than the Computer Investigations and
Operations Section).
(3) Critical Infrastructure Assurance Office of the
(3) The National Communications System of
Department of Commerce.
the Department of Defense.
(4) Energy Security and Assurance Program of
(4) The Computer Security Division of the
the Department of Energy.
National Institute of Standards and Technology of
the Department of Commerce.
(5) Federal Computer Incident Response Center
(5) The National Infrastructure Simulation and
of the General Services Administration.
Analysis Center of the Department of Energy.
(6) The Federal Computer Incident Response
Center of the General Services Administration.
(7) The Energy Security and Assurance Program
of the Department of Energy.
(8) The Federal Protective Service of the General
Services Administration.

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CRS-14
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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
Sec. 111. Privacy Officer, Appointed by
Secretary; Responsibilities.
Secretary.
Secretary shall appoint senior official to assume
The Privacy Officer shall —
primary responsibility for privacy policy to
(1) oversee compliance with Section 552a of Title
protect individuals from disclosure of personal
5, United States Code (commonly referred to as
information. The Privacy Officer is responsible
the Privacy Act of 1974), and all other applicable
for reporting annually to Congress on Department
laws relating to the privacy of personal
activities affecting privacy.
information; (2) assist with the development and
implementation of policies and procedures that
ensure that (A) privacy considerations and
safeguards are appropriately incorporated and
implemented; and (B) any information received is
used or disclosed in a manner that minimizes the
risk of harm to individuals; (3) assist with the

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CRS-15
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
preparation of privacy impact assessments; (4)
notify the Inspector General of any matter
that, in the opinion of the Privacy Officer,
warrants further investigation.
Sec. 206. Federal Cybersecurity Program.
Sec. 206(a) The Secretary acting through the
Under Secretary shall establish and manage a
program to improve the security of federal critical
information systems.
Sec. 206(b) Duties of the Secretary are:
(1) evaluate agencies’ effectiveness in using
information to improve critical infrastructure
security;
(2) provide assistance to civilian agencies in
protecting critical federal information systems
and identification of significant risks to such
systems; and
(3) coordinate R&D for critical information
systems relating to supervisory control and data
acquisition.
Sec. 206(c) Establishes a federal information
system security team that will provide technical
expertise to help civilian agencies secure federal
critical information systems. Team shall consist
of technical experts and auditors, computer
scientists, and computer forensics analysts.
Sec. 206(d) Provides definition of critical
information systems as defined in Sec. 3502 of
Title 44, U.S.C. This does not include any
national security system as defined in Sec. 5142
of the Clinger-Cohen Act of 1996.
Sec. 207. Enhancement of Non-Federal
Cybersecurity.
The Under Secretary shall (1) as appropriate,
provide to state and local government entities,
and upon request to private entities that own or
operate critical information systems, (A) analysis
and warnings related to threats to, and
vulnerabilities of, critical information systems;
and (B) in coordination with the Under Secretary
for Emergency Preparedness and Response, crisis
management support in response to threats to, or

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CRS-16
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 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.

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CRS-17
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 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.

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CRS-18
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
S. 2452, Title I, Sec. 132.
Directorate of Intelligence
Sec. 132(a) Establishment.
Establishes Directorate of Intelligence to serve
as national-level focal point for analysis of all
information available to the U.S. government for
preventing, deterring, protecting against,
preparing for, and responding to threats of
terrorism.
Directorate shall communicate, coordinate, and
cooperate with the FBI, the intelligence
community, and other agencies or entities,
including those within DHS.
The terms foreign intelligence and
counterintelligence shall have the meaning given
those terms in 50 U.S.C. 401a.
The Director of Central Intelligence (DCI), the
Attorney General, and heads of other agencies
shall ensure that all intelligence and other
information relating to international terrorism is
provided to the DCI’s Counterterrorist Center.
The DCI shall ensure that the Counterterrorist
Center analyzes all intelligence and other
information provided to it regarding international
terrorism.
The DCI’s Counterterrorist Center shall have
“primary responsibility” for the analysis of
foreign intelligence relating to international
terrorism.
There shall be an Under Secretary for
Intelligence appointed by the President with the
advice and consent of the Senate.
Sec. 132(b) Responsibilities.
The Directorate of Intelligence shall be
responsible for receiving and analyzing law
enforcement and other information from federal,
state, and local law enforcement agencies and
fusing it with analytical products, assessments,
and warnings concerning foreign intelligence
from the DCI’s Counterterrorist Center in order
to (i) identify and assess the nature and scope of
threats to the homeland, and (ii) detect and
identify threats of terrorism. However, nothing
shall be construed to prohibit supplemental

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CRS-19
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
analysis of foreign intelligence relating to
terrorist threats.
The Directorate of Intelligence shall:
– Ensure timely and effective access to
information from intelligence and law
enforcement agencies, state and local
governments, and private sector entities; and to
open source information.
– Represent DHS in procedures to establish
requirements and priorities in the collection of
national intelligence relating to terrorist threats to
the homeland. It shall consult with the Attorney
General to establish overall collection priorities
and strategies for information relating to terrorist
threats to the homeland.
– Disseminate information to the Directorate of
Critical Infrastructure Protection, the FBI and
intelligence agencies, state and local
governments, and private sector entities to assist
in the deterrence, prevention, preemption, and
response to threats of terrorism.
– Establish in conjunction with other officials a
secure communications and information
technology infrastructure, and advanced
analytical tools. Develop in conjunction with
other officials appropriate software, hardware,
and other protocols to ensure that federal
databases and information technology systems are
compatible with DHS infrastructure and comply
with federal privacy laws.
– Ensure, in conjunction with the DCI and
Attorney General, that material received by DHS
is protected against unauthorized disclosure and
used only for official duties consistent with DCI’s
authority to protect intelligence sources and
methods and similar authorities of the Attorney
General concerning sensitive law enforcement
information and privacy concerns.
– Provide information and analysis relating to
threats to law enforcement and intelligence
agencies.
– Coordinate training to providers of
information to enable them to identify and share
intelligence information revealed in their ordinary
duties.
– Review, analyze, and make recommendations

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CRS-20
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
for improving the policies and procedures
governing the sharing of law enforcement,
intelligence, and other information relating to
threats to homeland security.
– Assist and support the DHS Secretary in
conducting threat and vulnerability assessments
and risk analyses.
Sec. 132(c) Access to Information.
Unless otherwise directed by the President, the
Secretary shall have access to, and U.S.
government agencies shall provide, all reports,
assessments, analytical information, and
information “including unevaluated intelligence,
relating to the plans, intentions, capabilities, and
activities” of terrorists and terrorist organizations.
As the President may further provide, the
Secretary shall receive additional information
requested by the Secretary from law enforcement
and intelligence agencies.
All information shall be provided consistent
with information security and privacy statutes.
The Secretary may enter into cooperative
arrangements with other agencies to share
material on a regular or routine basis. Regardless
of whether such arrangements have been made,
all agencies shall promptly provide DHS with
information regarding terrorist threats.
The Secretary shall be deemed to be a federal
law enforcement, intelligence, protective,
national defense, or national security official for
the purposes of information sharing statutes.
The Under Secretary for Intelligence shall also
be responsible for developing analysis concerning
means to exploit vulnerabilities; developing and
conducting experiments, tests, and inspections to
test weaknesses; developing and practicing
countersurveillance techniques; conducting risk
assessments; working with the Directorate of
Critical Infrastructure Protection and other
agencies, state and local governments, and private
entities to address vulnerabilities.
Sec. 132(d) Authorization to Share Law
Enforcement Information.
The Secretary shall be deemed to be a federal law
enforcement, intelligence, protective, national

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CRS-21
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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.

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CRS-22
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
H.R. 5005, Title III — Under
S. 2452, Title I, Sec. 135.
Secretary for Science and
Directorate of Science and
Technology
Technology
Sec. 135(a) Purpose.
Describes purposes of the Directorate to include
the following relating to homeland security:
– research, development, demonstration,
testing, and evaluation (RDT&E);
– national research and development (R&D)
priorities, strategies, and policies;
– coordination and collaboration with
government and private entities;
– advising the Secretary;
– facilitating transfer and deployment of
technologies.
Sec. 135(b) Definitions in this section.
council: the Homeland Security Science and
Technology Council established in Sec. 135(e).
fund: the Acceleration Fund for Research and
Development of Homeland Security
Technologies established in Sec. 135(d).
homeland security research and development:
R&D applicable to the detection of, prevention
of, protection against, response to, and recovery
from homeland security threats.
OSTP: the Office of Science and Technology
Policy
SARPA: the Security Advanced Research
Projects Agency established in Sec. 135(f).
technology roadmap: plan or framework in
which goals, priorities, and milestones for desired
future technological capabilities and functions are
established, and R&D for achieving them is
identified and analyzed to guide decisions on
resource allocation and investments.
Under Secretary: the Under Secretary for
Science and Technology.
Sec. 135(c) Directorate of Science and
Technology.
Sec. 135(c)(1) Establishment.
Establishes the Directorate.

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CRS-23
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Sec. 301. Under Secretary for Science and
Sec. 135(c)(2) Under Secretary.
Technology.
Establishes Under Secretary of Science and
[Position established by Sec. 103(a)(3).]
Technology as a presidential appointee with
Stipulates responsibilities of the Under Secretary,
Senate confirmation. Stipulates responsibilities,
including:
including:
– administering and conducting research,
– coordination with other federal agencies;
development, demonstration, testing, and
– developing technology roadmap;
evaluation (RDDT&E) activities in DHS, except
– facilitating transfer and deployment of
responsibilities do not include R&D relating to
technologies;
human health;
– assisting in developing the national strategy
– coordinating with other federal agencies;
(Title III);
– developing a national policy and strategic
– establishing mechanisms for sharing and
plan for countermeasures to terrorist threats;
dissemination of developments and opportunities
– establishing federal priorities for technologies
with government and private entities;
to protect against chemical, biological,
– establishing a National Emergency
radiological, and nuclear (CBRN) weapons;
Technology Guard of volunteer experts to assist
– aligning RDDT&E with procurement needs;
local communities in emergencies (will
– facilitating deployment of technology to
coordinate with EPR Under Secretary);
enhance homeland security; and
– chairing the interagency working group on
– providing guidelines for merit review and
bioterrorism and other public health emergencies
dissemination of research.
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.
Sec. 135(i) Office of Laboratory Research.
Transfers functions, personnel, assets, and
Establishes the office and transfers functions,
obligations as follows:
personnel, and assets as follows:
(1) From DOE, elements of the Nonproliferation
[Sec. 134(c)(6) transfers administration of both
and Verification R&D, Nuclear Assessment, and
DHHS and USDA select agent rules]
Life Sciences programs; the Environmental
– From DOE, similar provisions, but not
Measurements Laboratory; and the portion of the
including elements of the Life Sciences program
Advanced Scientific Computing Research
or the Advanced Scientific Computing Research
program that is conducted at Lawrence Livermore
program. Elements within the Proliferation
National Laboratory; but not any program or
Detection subprogram of the Nonproliferation
activity relating to the strategic nuclear defense
and Verification R&D program may be
posture of the United States.
designated by the President either for transfer to
(2) From DOD, the Biological Defense
the Department or for joint operation by the
Homeland Security Support and Biological
Secretary of DHS and the Secretary of Energy.
Counterterrorism Research Programs of the
– From DOD, the National Bioweapons
Chemical Biological Defense Program.
Defense Analysis Center established in Sec. 161.
Designates functions of the office to include
supervision of transferred entities, administration

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CRS-24
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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 Health-
Sec. 135(c)(3)(E) Authorizes the Secretary of
Related Activities.
Homeland Security to carry out human health-
Directs the Secretary of Health and Human
related countermeasures research in collaboration
Services, in collaboration with the Secretary of
with the DHHS. Requires that NIH bioterrorism
Homeland Security, to set priorities for human
research be conducted under joint strategic
health-related R&D on countermeasures for
prioritization agreements between DHS and
CBRN and other emerging terrorist threats, and to
DHHS. DHS has the authority to establish
develop a coordinated strategy for such activities
general research priorities in those agreements,
to ensure consistency with DHS’s national policy
but DHHS shall set the specific research agenda
and strategic plan for developing
in consultation with DHS. Requires NIH to
countermeasures.
manage and fund the research and authorizes
DHS to transfer funds to DHHS for this purpose.
Sec. 304. Federally Funded Research and
Sec. 135(c)(2)(I) Gives the Under Secretary
Development Center.
responsibility for establishing or contracting with
Permits DHS to establish or contract with
federally funded research and development
federally funded research centers to provide
centers to provide independent technical analysis
independent analysis of homeland security issues
and support.
or to carry out other responsibilities, such as
coordinating and integrating R&D programs
under Sec. 307.
Sec. 305. Miscellaneous Provisions.
Sec. 135(l) Classification of Research.
Directs that DHS research should be unclassified
Directs that DHS research should be unclassified
to the greatest extent practicable and that other
to the greatest extent practicable. Provides
Under Secretaries in the Department may conduct
procedures for classification and review.
R&D if coordinated through the Under Secretary
Prohibits placing restrictions on unclassified
for Science and Technology. Provides authority
federally funded fundamental research, except as
for DHS to regulate RDT&E activities of the
provided under applicable laws.
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. 306. Homeland Security Science and
Sec. 135(e) Science and Technology Council.
Technology Coordination Council.
Establishes a council of officials from agencies
Establishes a coordination council of DHS
engaged in homeland security-related R&D to
officials to establish priorities and assist in
make recommendations on priorities, facilitate
coordinating RDDT&E within DHS.
coordination among federal and private entities
on such R&D, and assist in development of the
technology roadmap [Sec. 135(c)(2)(C)].

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CRS-25
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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,
Sec. 135(c)(3) Research and Development-
Demonstration, Testing, and Evaluation.
Related Authorities.
Stipulates that RDDT&E be carried out through
Authorizes DHS to conduct R&D similar to that
both intramural and extramural programs.
possessed by the Secretary of Defense under 10
For extramural programs, directs that
U.S.C. 2371 and to carry out prototype projects
participation be geographically diverse, that
according to requirements and conditions of Sec.
funded research be of high quality as determined
845 of P.L. 103-160. Requires use of competitive,
through merit review, and that awards be issued
merit-based selection procedures. Permits transfer
through open competition where possible.
of funds to other agencies for R&D. Requires
Requires establishment of a university center(s)
that at least 10% of funds authorized through
for homeland security and specifies criteria to be
FY2005 for the Acceleration Fund (see Sec.
considered when selecting its/their location.
135(d)) be used for R&D to minimize the
diversion of Coast Guard resources from non-
homeland 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.
Sec. 135(j) Office for National Laboratories.
Permits the Secretary to draw on the expertise of
Establishes office to coordinate and use DOE
any federal laboratory and to establish a
national laboratories and sites in support of
headquarters laboratory for the Department at any
departmental mission. Department may be a joint
national laboratory and additional units at other
sponsor of one or more national laboratories and
national laboratories. Stipulates procedures for
sets conditions for such sponsorship. Also
selecting a headquarters laboratory.
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
Sec. 135(e)(4) Advisory Panel.
Technology Advisory Committee.
Permits establishment of a panel to advise the

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CRS-26
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Establishes a 20-member advisory committee
Science and Technology Council.
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).
Sec. 310. Homeland Security Institute.
Sec. 135(g) Office of Risk Analysis and
Establishes a Homeland Security Institute as a
Assessment.
federally funded research and development center
Establishes an Office of Risk Analysis and
(FFRDC) administered by DHS. The duties of the
Assessment within DHS to assist in and
institute may include systems and risk analysis,
coordinate with other entities on threat-
policy and economic analysis, evaluation of the
assessment and risk-analysis studies, monitor and
effectiveness of security measures, support of
evaluate novel scientific findings, design metrics
security exercises, and other activities. Requires
to evaluate programs, and support the Office of
the institute to consult with industry, universities,
Emergency Preparedness in designing field tests
and nonprofit institutions. Requires the institute
and exercises.
to issue an annual report.
Sec. 311. Technology Clearinghouse to
Sec. 135(h) Office for Technology Evaluation
Encourage and Support Innovative Solutions to
and Transition.
Enhance Homeland Security.
Establishes the office to serve, for technologies,
Establishes within DHS a centralized
as a clearinghouse for proposals and inquiries, to
clearinghouse for dissemination of technology
identify and evaluate new ones, to assist in
information, issuance of announcements seeking
transition to deployment, and to consult with and
innovative technologies, screening and
advise agencies.
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(d) Acceleration Fund.
Establishes fund for awards to public and private
entities for homeland security R&D projects
selected by Security Advanced Research Projects
Agency (SARPA). Authorizes $200 million for
FY2003 and sums necessary thereafter.
Sec. 135(f) Security Advanced Research Projects
Agency (SARPA).
Establishes SARPA and identifies
responsibilities, including R&D activities (among

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CRS-27
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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.

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CRS-28
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
H.R. 5005, Title IV — Border
S. 2452, Title I, Sec. 131.
and Transportation Security
Directorate of Border and
Transportation
H.R. 5005, Title IV, Subtitle A —
Sec. 131(a) Establishment.
General Provisions.
Under Secretary appointed by the President,
subject to confirmation.
Sec. 401. Under Secretary for Border and
Sec. 131(b) Responsibilities.
Transportation Security.
Specifies the responsibilities of the Directorate of
Specifies the responsibilities of the Under
Border and Transportation Protection as: (1)
Secretary for Border and Transportation Security
securing the borders and transportation systems
as: (1) preventing the entry of terrorists and their
of the United States and coordinating
instruments of terror; (2) securing the borders,
governmental activities at ports of entry; (2)
territorial waters, ports, and transportation
receiving and providing intelligence on threats of
systems of the United States, and coordinating
terrorism and other homeland threats; (3)
governmental activities at ports of entry; (3)
administering, carrying out, and promoting the
carrying out immigration enforcement functions
missions of the entities transferred to the
immediately before the transfer of functions
Directorate; (4) using intelligence gathered by
under Sec. 411 takes place; (4) establishing and
other intelligence entities to establish inspection
administering rules governing the entry of
priorities; (5) providing agency-specific training
individuals who are not citizens or lawfully
for agents and analysts within the Department,
admitted permanent residents into the United
other agencies, and state and local agencies and
States; (5) administering the customs laws of the
international entities that have established
United States (except those specified under
partnerships with the Federal Law Enforcement
subtitle C); (6) conducting the functions of the
Training Center; (6) performing other duties as
Department of Agriculture transferred to the
assigned by the Secretary.
Secretary under section 404; (7) ensuring the
efficient flow of lawful traffic and commerce
while carrying out these duties.
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
Sec. 131(c)(1) Transfer of Customs-Related
Related Functions, Personnel, Assets, and
Authorities, Functions, Personnel, and Assets to
Obligations to the Department of Homeland
the Department of Homeland Security.
Security, with Certain Exceptions.
Under the Directorate of Border and
Under the title outlining the responsibilities of the
Transportation Protection, transfers the U.S.
Under Secretary for Border and Transportation
Customs Service and related authorities,
Security, transfers to the Secretary for Homeland
functions, personnel, and assets to the
Security the functions, personnel, assets, and
Department of Homeland Security, except as
obligations of the U.S. Customs Service, except
otherwise provided in the bill. Maintains the
as otherwise provided in the bill. See Sec. 451
Customs Service as a distinct entity.
below.
Sec. 402(2) Transfers Coast Guard functions,
Sec. 131(c)(2) Authorizes the transfer of Coast

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CRS-29
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
personnel, assets, and obligations. Stipulates that
Guard functions, personnel, assets and
the Coast Guard shall be maintained as a distinct
obligations. Stipulates that the Coast Guard shall
entity within the new Department.
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 non-
homeland 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
Sec. 131(c)(4) Transfers the Transportation
Administration, including the related functions of
Security Administration of the Department of
the Secretary of Transportation and of the Under
Transportation.
Secretary of Transportation for Security.
Sec. 402(4) Transfers the Federal Protective
Sec. 133(c)(8) Transfers the Federal Protective
Service of the General Services Administration,
Service of the General Services Administration to
including the related functions of the
the Directorate of Critical Infrastructure
Administrator of General Services.
Protection.
Sec. 402(5) Transfers the Office for Domestic
Sec. 134(c)(3) Transfers the Office of Domestic

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CRS-30
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Preparedness of the Office of Justice Programs of
Preparedness of the Department of Justice to the
the Department of Justice, including the related
Directorate of Emergency Preparedness and
functions of the Attorney General.
Response.
Sec. 402(6) Transfers the National Domestic
Sec. 134(c)(2) Transfers the National Office of
Preparedness Office of the Federal Bureau of
Domestic Preparedness to the Directorate of
Investigation, including the related functions of
Emergency Preparedness and Response.
the Attorney General.
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.
Sec. 102(c)(2) Visa Issuance.
Gives the Secretary exclusive authority to issue
Gives the Secretary authority to issue regulations
regulations on visa policy. Vests authority to
on visa policy, but provides that the Secretary
refuse visas in accordance with law and to
may delegate this authority to the Secretary of
develop training for State Department consular
State.
officers on homeland security; these authorities
are to be exercised through the Secretary of State.
Sec. 403(b) Authority of the Secretary of State.
Sec. 102(c)(2).
Expands the current exclusion authority of the
Same.
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.)
Expressly retains the authority of the Secretary of
Similar, but differs by including foreign relations-
State under several statutes, including that with
based findings, including (1) designation of aliens
respect to the exclusion of violators of the
abroad who espouse or endorse terrorist activities
Convention on Protection of Children and
and (2) exclusion of aliens found to have
Cooperation in Respect to Inter-Country
disclosed certain business records in violation of
Adoption.
the Chemical Weapons Convention.
Sec. 403(c)(1) Assignment of Homeland Security
Similar language at Sec. 102(c)(5)(A).
Employees to Diplomatic and Consular Posts.
Authorizes assignment of homeland security
employees to diplomatic and consular posts for
advice, review, and investigations.
Sec. 403(c)(2) Provides for homeland security
Similar language at Sec. 102(c)(5)(B).
personnel assigned overseas to participate in the
terrorist lookout committees established by §304

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CRS-31
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
of the Enhanced Border Security and Visa Entry
Reform Act of 2002.
Sec. 403(c)(3) Training and Hiring.
Sec. 102(c)(5)(C) Training and Hiring.
The Secretary must ensure that any employees of
The Secretary would ensure that any employees
the Department of Homeland Security assigned to
of the Department assigned to perform functions
perform functions described at Sec. 403(c)(1)
described at Sec. 102(c)(5)(A) [relating to visa
[relating to visa applications] would be provided
applications] and, as appropriate, consular
all necessary training to enable them to carry out
officers, would be provided all necessary training
such functions, including training in foreign
to enable them to carry out such functions,
languages, interview techniques, fraud detection
including training in foreign languages, in
techniques, and other skills required by such
conditions in the particular country where each
employees, in conditions in the particular country
employee is assigned, and in other appropriate
where each employee is assigned, and in other
areas of study.
appropriate areas of study.
Before assigning employees to perform the
The Secretary shall prescribe regulations within
functions, the Secretary would prescribe
60 days of the act’s enactment to establish foreign
regulations to establish foreign language
language proficiency requirements for employees
proficiency requirements for employees.
performing the functions. Preference in hiring
Preference in hiring employees to perform such
employees to perform such functions would be
functions would be given to those who meet such
given to those who meet such requirements.
requirements.
The Secretary may use the National Foreign
The Secretary could use the National Foreign
Affairs Training Center, on a reimbursable basis,
Affairs Training Center, on a reimbursable basis,
to obtain the training.
to obtain the training.
Sec. 403(d) Clarifies that current law on the non-
reviewability 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.

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CRS-32
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Sec. 404. Transfer of Certain Agricultural
Sec. 131(c)(3).
Inspection Functions of the Department of
Agriculture.
Transfers to DHS the USDA agricultural import
Transfers to DHS the USDA/APHIS authorities,
and entry inspection (but not quarantine)
functions, personnel, and assets pertaining to
function, of USDA’s Animal and Plant Health
agricultural import inspection at U.S. borders and
Inspection Service (APHIS); requires DHS and
ports of entry, including quarantine activities.
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.
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
Sec. 131. Establishes the Directorate of Border
Administration (TSA).
and Transportation Protection and places
(a) Requires that the Secretary and other
transportation security responsibilities and
Homeland Security Department officials consult
activities under the Directorate, but has no
with the FAA administrator before taking any
section equivalent to H.R. 5005, Sec. 406, that
action that might affect aviation safety, air carrier
refers to the functions of the TSA.
operations, aircraft airworthiness, or the use of
airspace. Also requires the Secretary to establish
a liaison office for the purpose of consulting with

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CRS-33
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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
Sec. 131(c) Transfers the authorities, functions,
Administration (TSA) as a distinct entity.
personnel, and assets of the TSA to the
Requires that the TSA be maintained as a distinct
Directorate of Border and Transportation
entity within the Department under the Under
Protection in the new Department, but does not
Secretary for Border and Transportation Security.
require that the TSA remain a distinct entity.
This provision applies for only two years after
enactment.
Sec. 408. Annual assessment of Terrorist-
Sec. 170. Review of Transportation Security
Related Threats to Public Transportation.
Enhancements.
Requires the Secretary, in consultation with the
Requires the Comptroller General to conduct a
heads of other appropriate federal departments
detailed, comprehensive study that shall: review
and agencies, to conduct an assessment of
all available intelligence on terrorist threats
terrorist-related threats to all forms of public
against aviation, seaport, rail, and transit
transportation, including gathering places related
facilities; review all available information on
to public transportation.
vulnerabilities at such facilities; and review the
steps taken by agencies, since Sept. 11, 2001, to
improve aviation, seaport, rail, and transit
security to determine their effectiveness at
protecting passengers and transportation
infrastructure from terrorist attack. The
Comptroller General is to submit, not later than 1
year after enactment, a comprehensive report of
the findings of the reviews and proposed steps to
improve any deficiencies in aviation, seaport, rail,
and transit security, including, to the extent
possible, the cost of implementing the steps. Not
later than 90 days after receipt, the Secretary of

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CRS-34
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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-of-
the-art EDS that have high throughput, low false
alarm rates, and high reliability without reducing

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
detection rates.
Use of Screening Methods other than EDS. If
explosive detection systems are not screening all
checked baggage at an airport, such baggage shall
be screened by methods described in Sec.
44903(e) of Title 49, U.S.C. (i.e. positive bag
match, explosive-sniffing dogs, manual search, or
other means or technology approved by the Under
Secretary), until all checked baggage can be
screened by EDS.
Purchase of EDS. Shall be purchased by the
Under Secretary.
EDS Defined. EDS means a device, or
combination of devices, that can detect different
types of explosives.
Sec. 410. Transportation Security.
Makes the Secretary or the Secretary’s designee a
member of the Transportation Security Oversight
Board. Also makes the Secretary the Chairperson
of the Board.
Requires the Secretary of Transportation to
consult with the Secretary of Homeland Security
before approving Airport Improvement Program
(AIP) grants for security equipment or grants
related to the installation of bulk explosive
detection systems.
Sec. 139. Border Coordination Working Group.
Sec. 139(a). (1) Defines border security functions
as “the securing of the borders, territorial waters,
ports, terminals, waterways, and air, land, and sea
transportation systems of the United States.”
(2) Defines relevant agencies as any department
or agency determined by the President to be
relevant to performing border security functions.
Sec. 139(b) Establishes the Border Coordination
Working Group composed of the Secretary, the
Under Secretary for Border and Transportation
Security, and the Under Secretary for
Immigration Affairs.
Sec. 139(c) Requires the group to meet quarterly
to: (1) develop coordinated budget requests and
allocations of resources and personnel for border
security; (2) coordinate joint and cross-training

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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
Sec. 1120. Transitional Funding.
Secretary for Border Transportation Security.
Authorizes appropriations of such sums as may
Transfers the following functions from the INS
be necessary to abolish INS; to establish the
Commissioner to the Under Secretary for Border
Directorate of Immigration Affairs, its
and Transportation Security, and, immediately
components, and its bureaus; and to transfer
before the transfer occurs, all personnel, assets
relevant functions to the Directorate and the
and liabilities pertaining to them: (1) border
bureaus.
patrol, (2) detention and removal, (3) intelligence,
Supports the following activities: (1) planning
(4) investigations, and (5) inspections.
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.
Sec. 1105. Amends the INA by creating a Bureau
Establishes the Bureau of Border Security, to be
of Enforcement and Border Affairs within the
headed by an Assistant Secretary who has a
Directorate of Immigration Affairs. The bureau
minimum of 10 years experience in law
would be headed by an Assistant Secretary of

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CRS-37
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
enforcement, including 5 years in management.
Homeland Security for Enforcement and Border
(See also Sec. 103(a)(7) above.)
Affairs, appointed by the Secretary of Homeland
Requires the Assistant Secretary to establish
Security (in consultation with the Under
and oversee the administration of relevant
Secretary).
policies, and advise the Under Secretary for
Charges the Assistant Secretary of Homeland
Border and Transportation Security with respect
Security for Enforcement and Border Affairs
to any policy or operation that may affect the
(under the authority of the Under Secretary) with
Bureau of Citizenship and Immigration Services
administering immigration enforcement
in DOJ.
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.
Sec. 1103. Establishes a Chief of Policy position
Establishes a Chief of Policy and Strategy
under the Directorate.
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

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CRS-38
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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
Sec. 1105. Establishes an Office of Professional
Quality Review.
Responsibility position within the enforcement
Makes the Under Secretary for Border and
bureau. The office would be responsible for
Transportation Security responsible for: (1)
ensuring the professionalism of the bureau and
conducting investigations on employees of the
accepting charges of employee misconduct.
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.

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CRS-39
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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
Sec. 1102. Amends the INA (new Sec. 113) by
and Immigration Services in DOJ, to be headed
creating a Bureau of Immigration Services within
by an Assistant Attorney General for Citizenship
the Directorate of Immigration Affairs, headed by
and Immigration Services who reports directly to
an Assistant Secretary of Homeland Security for
the Deputy Attorney General and has a minimum
Immigration Services who is appointed by the
of 10 years experience in rendering of
Secretary of Homeland Security. The Assistant
adjudications on the provisions of government
Secretary reports directly to the Under Secretary.
benefits or services, including managerial
Charges the Assistant Secretary of the service
experience.
bureau (under the authority of the Secretary and
Requires the Assistant Attorney General for
the Under Secretary) with administering
Citizenship and Immigration Services (1) to
immigration services and adjudication functions,
establish and oversee the administration of
including the following: (1) adjudications of
relevant policies, (2) advise the Deputy Attorney
nonimmigrant and immigrant petitions; (2)
General with respect to any policy or operation
adjudications of visas and other entry documents,
that may affect the Bureau of Immigration
and change and adjustment of status; (3)
Enforcement in the DHS, (3) meet regularly with
adjudications of naturalization applications; (4)
the Citizenship and Immigration Services
adjudications of asylum and refugee applications;
Ombudsman to correct problems and establish
(5) determinations with regard to custody, parole,
procedures that would require a formal response
and conditions of parole, as well as the
to any recommendations submitted in the
responsibility for the detention of individuals
Ombudsman’s annual report. Authorizes the
subject to such determination, pertaining to
Secretary to implement a pilot program that
asylum seekers who lack prior non-political
would eliminate (and prevent from recurring) the
criminal records and who have been found to
backlog pertaining to the processing of
have a credible fear of persecution; (6)
immigration benefit applications.
adjudications performed at service centers; and
(7) all other adjudications under U.S.

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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
No similar provision, but see Sec. 1111.
Attorney General for Citizenship and
Immigration Services the functions, personnel,
infrastructure, and funding pertaining to all
adjudications performed by INS.
Sec. 421(c) Establishes a Chief of Policy and
Sec. 1103. Establishes a Chief Policy Officer
Strategy position that would be responsible for
position under the Directorate.
(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. 421(d) Establishes a General Counsel
Sec. 1103. Establishes a General Counsel
position to serve as the main legal advisor to the
position under the Directorate.
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. 421(e) Establishes a Chief Budget Officer
Sec. 1104. Establishes a Chief Budget Officer

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CRS-41
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
who is responsible for (1) formulating and
position in the service bureau. The Chief Budget
executing the bureau’s budget, (2) all financial
Officer reports to the Chief Financial Officer of
matters of the bureau, (3) the collection of all
the Directorate. The Chief Budget Officer is
payments, fines, and other debts for the bureau.
responsible for monitoring and supervising all
financial matters of the bureau.
Sec. 421(f) Establishes a Chief of Congressional,
Sec. 1103. Establishes a Chief of Congressional,
Intergovernmental, and Public Affairs position
Intergovernmental, and Public Affairs within the
responsible for (1) providing immigration
Directorate.
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. 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
Sec. 1106(a) Amends the INA (new Sec. 115 in
Immigration Services Ombudsman position. The
the INA) creating an Office of the Ombudsman.
Ombudsman reports directly to the Deputy
The Ombudsman is appointed by the Secretary of
Attorney General.
Homeland Security, after consultation with the
Under Secretary.
Requires the Ombudsman to report to the
Under Secretary and be compensated under the
Senior Executive Series.
Gives the Ombudsman the following functions:
(1) assist individuals with resolving problems, (2)
identify persistent problems experienced by the
public in dealing with the Directorate, (3)
propose potential administrative and statutory
changes to minimize the problems, and (4)

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CRS-42
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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
Sec. 1106(a). Requires the Ombudsman to report
no later than June 30 of each year to Congress on
annually to Congress on the objectives of the
the objectives of the office for the upcoming
office for the upcoming fiscal year.
fiscal year.
Requires the report to be submitted to Congress
Requires the report to be submitted to Congress
without prior review or comment from other
without prior review or comment from other
officials.
officials.
Requires the report to have analysis, statistical
Requires the report to have analysis, statistical
information, and the following: (1) description of
information, and the following: (1) identification
initiatives the Ombudsman has taken with regard
of initiatives the office has taken with regard to
to improving services and the responsiveness of
improving services and the responsiveness of the
the bureau; (2) a summary of “serious or systemic
bureau; (2) summary of the “most pervasive and
problems encountered by the public, including a
serious problems” experienced by individuals and
description of the nature of such problems”; (3)
employers; (3) inventory of the aforementioned
an inventory of the aforementioned items for
items for which action has been taken; (4)
which action has been taken; (4) an accounting of
inventory of the aforementioned items for which
the aforementioned items for which action is still
action is still needed; (5) inventory of the
needed; (5) an accounting of the aforementioned
aforementioned items for which no action has
items for which no action has been taken; (6)
been taken; (6) recommendations for
recommendations “as may be appropriate” to
administrative and legislative action, if necessary,
resolve problems experienced by individuals and
to resolve problems experienced by individuals
employers; (7) recommendations to resolve
and employers; and (7) any other information the
problems “encountered by the public, including
Ombudsman deems necessary.
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.
Sec. 422(d) With regard to the Ombudsman’s
functions, requires additional responsibilities as
follows: (1) monitor the local offices of the

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CRS-43
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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.
Sec. 1106(d) Personnel Actions.
The Ombudsman would have the responsibility
The Ombudsman would have the responsibility
and authority to appoint local ombudsmen and
and authority to appoint local or regional
make available at least one ombudsman for each
representatives of the Ombudsman’s Office as in
state; and to evaluate and take personnel actions
the Ombudsman’s judgment may be necessary to
(including dismissal) with respect to any
address and rectify problems.
employee of any local office of the Ombudsman.
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
Sec. 1104(e) Establishes an Office of
Quality Review.
Professional Responsibility position within the
Requires the Assistant Attorney General for
service bureau. The office is responsible for
Citizenship and Immigration Services to be
ensuring the professionalism of the bureau and

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CRS-44
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
responsible for professional responsibility and
accepting charges of employee misconduct.
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.
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
Sec. 1107. Similar provision, however, creates an
Bureau of Justice Statistics.
Office of Immigration Statistics within the
Amends the Omnibus Crime Control and Safe
Directorate, headed by a Director.
Streets Act of 1968 (creating Sec. 305) by
Charges the Director of the Office with the
creating an Office of Immigration Statistics
following functions: (1) maintain all
within the Bureau of Justice Statistics, headed by
immigration-related statistics of the newly
a Director who is appointed by the Attorney
created agency and the existing Executive Office
General and reports to the Director of Justice
for Immigration Review (EOIR); (2) establish
Statistics.
reliability and validity standards with regard to
Charges the Director with the following
the aforementioned statistics; and (3) ensure the
functions: (1) maintain all immigration-related
interoperability of the agency and EOIR
statistics of the Bureau of Citizenship and
databases.
Immigration Service and the Executive Office for
Transfer the functions of the Statistics Branch
Immigration Review (EOIR); requires the
of the Office of Policy and Planning of the INS to
statistics to include information and statistics
the newly created office.
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

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CRS-45
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
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
Sec. 1111. Transfer of Functions.
transferred, requires the transfer of any reference
Requires the transfer of all immigration
in any other federal law, executive order, rule,
functions under U.S. immigration laws vested by
regulation, delegation of authority, or any
statute or exercised by the Attorney General to
document or component of government to the
the Secretary on the effective date of the
Assistant Attorney General for Citizenship and
enactment of this title.
Immigration Services.
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
Sec. 1112. Requires the transfer and allocation of
additional incidental transfer) and allocation of
personnel, assets, liabilities, contracts, property,
personnel, assets, liabilities, contracts, property,
records, unexpended balance of appropriations,
records, unexpended balance of appropriations,
authorizations, allocations, and other relevant
authorizations, allocations, and other relevant
funds from DOJ to the Under Secretary for
funds from DOJ (with respect to immigration
allocation to the appropriate component.
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

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CRS-46
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
to the transfer be used for their original purpose.
Gives the Attorney General discretion to realign
staff and funds for up to 2 years after the
enactment of this act.
Subchapter B — Other Provisions
Sec. 431. Maintains INA provision that fees for
Sec. 1121. Similar provision except requires fees
adjudication and naturalization services be
collected for service programs to be used for that
deposited into the Immigration Examinations Fee
purpose (and refugee and asylum processing if
Account.
insufficient funds are appropriated) and also
No longer funds refugee and asylum processing
requires separate accounts to be established in the
from fees collected for adjudication and
Treasury of the U.S. for service and enforcement
naturalization services.
bureaus.
Authorizes appropriations of “such sums as
Requires amounts appropriated to be made
may be necessary” for refugee and asylum
available until expended.
adjudications to be deposited into the
Immigration Examinations Fee Account.
Sec. 432. Amends the Immigration Services and
Sec. 1121. Similar provision.
Infrastructure Improvements Act of 2000 by
extending the deadline for eliminating the
adjudication backlog to 1 year from the date of
enactment of this act.
Sec. 433. Requires the Attorney General (after
consulting with the Secretary of State, Secretary
of Labor, and the Associate Attorney General for
Immigration Affairs, the Directors of both
bureaus, and the Director for EOIR) to submit a
report to Congress with regard to a plan for
implementing a system for more timely and
efficient processing of adjudications no later than
one year from enactment of this act.
Requires the plan to contain the following for
each type of adjudication: (1) potential savings of
resources, (2) goal for processing time of
applications, and (3) statutory modifications with
regard to adjudications, if considered advisable
by the Attorney General.
Sec. 434. Requires the Attorney General to
submit a report to Congress no later than 30 days
after the enactment of this act with respect to
changes in the law and authorizations of
appropriations that are needed in order for INS
and thereafter the Bureau of Citizenship and
Immigration Services to respond to applications

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CRS-47
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
for immigration benefits and to otherwise
accommodate changing immigration service
needs.
Sec. 435. Requires the Attorney General, in
Sec. 1122. Similar provision, except gives the
consultation with the Technology Advisory
Under Secretary two years to establish the system
Committee, to establish an Internet-based system
and conduct the study.
to check status of benefit applications, no later
than one year after the enactment of this act.
Requires the Attorney General to conduct a
study to determine the feasibility of on-line filing,
submit a report to Congress with the findings of
the study.
Establishes an advisory committee to assist
with establishing the internet-based tracking
system
Sec. 436. Children’s affairs.
Sec. 436(a). Transfers functions with regard to
Sec. 1211. Similar provision.
the care of unaccompanied minors to the Director
of the Office of Refugee Resettlement of the
Department of Health and Human Services
(DHHS).
Sec. 436(b) Charges the Director with the
Sec. 1211. Similar provision. In addition to the
following responsibilities: (1) coordinating and
provisions in H.R. 5005, S. 2452 charges the
implementing law and policy pertaining to
Director with the following: (1) convene, in the
unaccompanied alien minors; (2) assuring that the
absence of the Assistant Secretary of the
unaccompanied minors’ interests are considered
Administration for Children and Families of
in all decisions pertaining to his/her care and
DHHS, an interagency task force on
custody; (3) making placement determinations on
unaccompanied minors, and (2) identify a
all unaccompanied minors in custody; (4)
sufficient number of persons, entities and
implementing all placement decisions made by
facilities to ensure the compliance with family
the Office; (5) implementing policies with regard
reunification provisions and (3) oversee such
to unaccompanied minors’ care and placement;
persons, entities and facilities to ensure their
(6) identifying adequate and qualified individuals,
compliance with provisions.
entities, and facilities to house unaccompanied
minors; (7) overseeing facilities and personnel
that house and care for unaccompanied minors;
(8) reuniting unaccompanied minors with their
parents abroad when appropriate; (9) compiling,
updating, and publishing on an annual basis a list
of professionals or entities qualified by states to
provide guardian and attorney representation
services; (10) maintaining statistics and other

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CRS-48
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
data on unaccompanied minors including
biographical information, the date the minor
came into custody, placement, removal, or release
information and an explanation for all detention
and release cases, and information on dispositions
pertaining to unaccompanied minors; (11)
collecting and compiling statistics from DOJ,
DHS and DOS on each Department’s actions
relating to unaccompanied alien minors; and (12)
conducting investigations and inspections of
facilities that house unaccompanied minors. Also
would encourage use of refugee foster care
system already in place.
Sec. 436(b)(2). Requires the Director of this
office to consult with appropriate juvenile justice
professionals and the Directors of the service and
enforcement bureaus when making placement
decisions with regard to unaccompanied minors
to assure the following: (1) that unaccompanied
minors are likely to appear for all of their
hearings; (2) that unaccompanied minors are
protected from smuggling, traffickers, and others
who might victimize them or engage them in
illegal activities; and (3) that unaccompanied
minors are placed in a safe setting.
Prohibits the Director of this office from
releasing unaccompanied minors on their own
recognition.
Sec. 436(d). Requires the transfer of those
No similar provision, but see Sec. 1211.
functions pertaining to the care of unaccompanied
minors under U.S. immigration laws vested by
statute or performed by the Commissioner of INS
before the effective date of the enactment of this
act.
Sec. 436(e). Requires the transfer of all matters
Sec. 1213. Provides for the transfer of all
pertaining to the care of unaccompanied alien
functions, personnel, appropriations, and legal
children to the Director of the Office of Refugee
documents from INS to DHHS; would ensure that
Resettlement (ORR) of DHHS.
proceedings would continue.
Sec. 436(g). Defines placement as placing an
Sec. 1202. Provides definitions for (1) Director,
unaccompanied minor in a detention facility or an
(2) office, (3) service, (4) voluntary agency, and
alternative facility; and unaccompanied alien
(5) unaccompanied refugee children. Provides a
child as having no lawful immigration status in
similar definition for unaccompanied alien child.
the U.S., being under the age of 18, having no

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CRS-49
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
parent or legal guardian in the U.S., or having no
parent or legal guardian in the U.S. available to
provide care and physical custody for the minor.
Chapter 3 — General Provisions
Sec. 441. Abolishment of INS.
Sec. 1101. Similar provision.
Section 442. Voluntary separation incentive
Section 2203. Permanent extension, revision, and
payments.
expansion of authorities for use of voluntary
Allows the Attorney General or the Secretary to
separation incentive pay and voluntary early
offer voluntary separation incentive payments
retirement.
(VSIPs) not to exceed $25,000 to eligible
Delegates to the Office of Personnel Management
employees of the Immigration and Naturalization
(OPM) – in consultation with the Director of the
Service, Bureau of Border Security, and the
Office of Management and Budget (OMB) –
Bureau of Citizenship and Immigration Services.
authority to review and approve requests from
VSIPs would be paid from funds appropriated for
federal departments and agencies to offer
the employees’ basic pay. Require the Attorney
voluntary separation incentive payments (VSIPs)
General and/or the Secretary to submit a strategic
not to exceed $25,000 to employees in particular
restructuring plan the appropriate committees of
occupational groups, organizational units, or
Congress before obligating funds for VSIPs.
specific geographic locations who retire or resign.
Requires agencies to make an additional payment
Requires VSIPs to be paid from funds
to the Civil Service Retirement and Disability
appropriated for the employees’ basic pay.
Fund (CSRDF) in each fiscal year that it makes
Permits agencies with authority to offer VSIP on
one or more VSIPs to eligible employees. The
the day of enactment to continue to exercise that
payment to the CSRDF must be equal to the
authority until it expires. Allows the
greater of (1) the amount necessary to offset any
Administrative Office of the United States Courts
additional costs to the CSRDF resulting from the
to offer VSIPs similar to those in the executive
separation of employees who receive VSIPS or
branch. Would not require agencies making
(2) 45% of the final basic pay of each employee
VSIPs to reduce the number of full-time
who receives a VSIP. Does not require agencies
equivalent positions within the agencies.
making VSIPs to reduce the number of full-time
Allows agencies undergoing substantial
equivalent positions within the agencies. Permits
restructuring, reorganization, or reduction in
agencies to move the positions opened through
force to offer voluntary early retirement with a
VSIPs to other occupations or locations.
reduced annuity to employees who are at least age
50 with 20 years of service or of any age with at
least 25 years of service.
Sec. 443. Authority to Conduct a Demonstration
Project Relating to Disciplinary Action.
The Attorney General and the Secretary could
each, during a period ending not later than five
years after the act’s enactment date, conduct a
demonstration project to determine whether one
or more changes in the policies or procedures
relating to methods for disciplining employees
would result in improved personnel management.

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CRS-50
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
The bill provides details on scope, procedures,
actions involving discrimination, and coverage of
the demonstration project. GAO would prepare
and submit to the House Committees on
Government Reform and the Judiciary and the
Senate Committees on Governmental Affairs and
the Judiciary periodic reports on any
demonstration project. The reports would be
submitted after the second and fourth years of the
project’s operation.
Sec. 444. Sense of Congress.
Provides the following sense of Congress, (1) the
missions of the Bureau of Immigration
Enforcement of the DHS and the Bureau of
Citizenship and Immigration Services of DOJ are
equally important and should be adequately
funded and (2) the border security and the
citizenship and immigration services functions
transferred under this subtitle should not operate
at levels below those in effect prior to enactment.
Sec. 445. Reports and Implementation Plans
Sec. 445. Requires the Attorney General and the
Secretary of DHS to submit the following: (1) a
report on the proposed division and transfer of
funds between both Bureaus, (2) a report on the
division of personnel between both Bureaus and
(3) an implementation plan.
Requires the plan to contain information
pertaining to the separation of the Bureau of
Citizenship and Immigration Services and the
Bureau of Immigration Enforcement as well as
the following: (1) organizational structure; (2)
chain of command; (3) procedures for interaction
among the bureaus; (4) fraud detection and
investigation; (5) the processing and handling of
removal proceedings and applications for relief
from removal; (6) recommendations for
conforming amendments to the INA; (7) the
establishment of a transition team; and (8)
methods to phase in the costs of separating
administrative support systems of both bureaus.
Requires the reports and plan to be submitted to
Congress no later than 120 days after the
enactment of this act. Requires the

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CRS-51
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
implementation plan to be submitted every 6
months thereafter until the end of fiscal year
2005.
Sec. 445(b) Division of Personnel.
The Attorney General and the Secretary, not later
than 120 days after the act’s effective date, would
each submit to the House and Senate Committees
on Appropriations and the Judiciary a report on
the proposed division of personnel between the
Bureau of Citizenship and Immigration Services
and the Bureau of Border Security.
Sec. 445(d). Requires the Comptroller General to
submit a report to Congress with regard to the
status of the transition and any issues that have
arisen pertaining to the transfer, no later than 18
months after the date on which the functions are
transferred, and every six months thereafter until
full implementation has been completed.
Not later than four years after the transfer,
requires a report on the study of determinations
pertaining to the improvement of immigration
functions as a result of the transfer, including
operations, management, financial
administration, and record keeping, as well as
recommendations for further improvements in
both bureaus.
Requires the Comptroller General to submit a
report to Congress no later than one year after the
date of enactment of this act with regard to
whether the Bureau of Citizenship and
Immigration Services is likely to derive adequate
funds, in the absence of appropriated funds, from
its fee-based programs.
Sec. 446. Immigration Functions.
Requires the Attorney General to submit a report
to Congress, one year after enactment, with
regard to the impact the transfers have had on
immigration functions. Would require the report
to include: (1) number of all immigration
applications and petitions received and processed;
(2) statistics by region on number of immigration
applications and petitions filed and denied; (3)
quantity of backlogged applications and petitions
that have been processed, the number awaiting

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CRS-52
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
processing and a plan detailing the elimination of
the backlog; (4) average processing period for
immigration applications and petitions; (5)
number and types of immigration-related
grievances filed; (6) plans to address grievances;
(7) whether fees were used consistent with the
legal requirements; and (8) whether immigration-
related questions were answered effectively and
efficiently.
States a sense of Congress that the quality and
efficiency of immigration services should be
improved after the transfers take effect and that
the Attorney General should undertake efforts to
guarantee that concerns pertaining to the quality
and efficiency of immigration services are
addressed.
Subtitle C — United States Customs Service.
Sec. 451. Establishment; Commissioner of
Customs.
(a) Establishes the Customs Service within the
Department of Homeland Security, under the
Under Secretary for Border and Transportation
Security. Vests the Customs Service with certain
elements of the “customs revenue function” that
are performed by specified Customs personnel
(sec. 457(7)), along with personnel assets, and
liabilities attributable to those functions.
Requires that Customs be headed by a
Commissioner to be appointed with the advice
and consent of the Senate.
Sec. 451 (b) Establishes Commissioner of
Sec. 131(c)(1) Places the Customs Service in the
Customs as PAS position, to be compensated at
Directorate of Border and Transportation
Level III of the Executive Schedule.
Protection as a “distinct entity.”
Responsibilities are identified in the succeeding
sections.
Sec. 452. Retention of customs revenue function
Sec. 131(d)(1) and (2). Exercise of Customs
by Secretary of the Treasury.
Revenue Authority.
Prohibits the transfer of the authority vested in
Prohibits the transfer of authority to issue
the Secretary of the Treasury by listed provisions
regulations vested in the Secretary of the
of law related to certain “customs revenue
Treasury by listed provisions of law related to
functions,” including any other unlisted related
certain “customs revenue functions,” including
provision, to the Secretary of Homeland Security.
any unlisted related provisions, to the Secretary

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CRS-53
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Authorizes the Secretary of the Treasury to
of Homeland Security. Requires the Secretary of
delegate at his discretion such authority to the
the Treasury to exercise this authority with the
Secretary of Homeland Security. Lists specified
concurrence of the Secretary of Homeland
provisions of law and corresponding authorities
Security. Authorizes the Customs Commissioner
that are not to be transferred from the Secretary of
to engage in activities to develop and support the
the Treasury to the Secretary of Homeland
issuance of such regulations. Makes the
Security by reason of this bill (identical to Senate
Secretary of Homeland Security responsible for
bill), as well as, any other unlisted provisions of
the implementation and enforcement of
law vesting customs revenue functions in the
regulations related to customs revenue functions.
Secretary of the Treasury. To maintain customs
Within 60 days of enactment, requires the
revenue functions, prohibits the Secretary of
Secretary of the Treasury to report to the Senate
Homeland Security from consolidating, altering,
Committee on Finance and the House Ways and
discontinuing, or diminishing certain customs
Means Committee on proposed conforming
revenue functions; or reducing the staff, or their
amendments to certain international trade-related
level of compensation and benefits, who are
statutes in order to properly allocate legal
attributable to such functions. Stipulates that
authorities related to customs revenue functions,
trade-related customs revenue functions are those
and to identify the authorities vested in his office
carried out by: Import Specialists, Entry
that are exercised by the Customs Commissioner.
Specialists, Drawback Specialists, National
Lists specified provisions of law and
Import Specialists, Fines and Penalties
corresponding authorities that are not to be
Specialists, Attorneys of the Office of
transferred from the Secretary of the Treasury to
Regulations and Rulings, Customs Auditors,
the Secretary of Homeland Security by reason of
International Trade Specialists, and Financial
this bill (identical to Senate bill), as well as, any
Systems Specialists. Authorizes the Secretary of
other unlisted provisions of law vesting customs
the Treasury to appoint 20 additional personnel to
revenue functions in the Secretary of the
work with the Department of Homeland Security
Treasury.
on customs revenue functions.
Sec. 453. Establishment and implementation of
cost accounting system; reports.
Requires the Customs Commissioner to establish
and implement a cost accounting system, by
September 30, 2003, that will track expenses by
type of operation and port of entry that are
covered by customs user fees. Requires the
Commissioner to report to the House Committee
on Ways and Means and the Senate Committee
on Finance on the progress of implementing this
system on a quarterly basis.
Sec. 454. Preservation of Customs funds.
Prohibits the transfer of Customs user fees for use
by any other agency or department other than the
Customs Service.
Sec. 455. Separate budget request for Customs.
Requires the President to include a separate

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CRS-54
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
budget request for the Customs Service in each
budget transmitted to Congress.
Sec. 456. Payment of duties and fees.
Amends sec. 505(a) of the Tariff Act of 1930 (19
U.S.C. 1505(a)), requiring importers to deposit
estimated duties and fees at entry or such later
time as Customs may prescribe by regulation, to
limit such later prescribed period to 10 working
days after entry or release, whichever occurs
earlier; adds an exemption for merchandise
covered by an import activity summary statement
to the current exemption for merchandise entered
for warehouse or transportation or under bond.
Further amends 505(a) to require that where an
import summary statement is filed, the importer
must deposit estimated duties and fees covered by
the statement no later than the 15th day of the
month following the month in which the
merchandise is entered or released, whichever
occurs earlier. Statute currently allows Customs
regulations to require that estimated duties and
fees be deposited before or at the time such a
statement is filed.
Sec. 457. Definition: customs revenue function.
Sec. 131(d)(3). Definition: customs revenue
Defines “customs revenue function” to include:
function.
(1) assessing and collecting customs duties
Defines “customs revenue function” to include:
(including antidumping and countervailing duties
(1) assessing, collecting, and refunding duties,
and duties imposed under safeguard provisions),
excise taxes, fees, and any liquidated damages or
excise taxes, fees, penalties due on imported
penalties due on imported merchandise, including
merchandise, including classifying and valuing
classifying and valuing merchandise and the
imported merchandise for the purposes of such
procedures for entry; (2) administering section
assessment; (2) processing and denial of entry of
337 of the Tariff Act of 1930 (infringing imports)
persons, baggage, cargo, and mail for entry into
and provisions related to import quotas and the
the United States with respect to assessing and
marking of imported merchandise, as well as,
collecting import duties; (3) detecting and
providing Customs recordations for recording
apprehending persons engaged in customs-related
copyrights, patents and trademarks; (3) collecting
fraud; (4) enforcing section 337 of the Tariff Act
accurate import data for compilation of
of 1930 (infringing imports) and provision related
international trade statistics; and (4)
to import quota and the marking of imported
administering reciprocal trade agreements and
merchandise, as well as, providing Customs
trade preference legislation.
recordations for copyrights, patents, and
trademarks; (5) collecting accurate import
statistics; (6) enforcing reciprocal trade
agreements; (7) any functions performed by
Customs import specialists and other personnel

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CRS-55
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
engaged in trade-related activities (Import
Specialists, Entry Specialists, Drawback
Specialists, National Import Specialists, Fines
and Penalties Specialists, Attorneys of the Office
of Regulations and Rulings, Customs Auditors,
International Trade Specialists, and Financial
Systems Specialists); and (8) any functions
performed by certain offices within the Customs
Service at the date of enactment (Information and
Technology, Laboratory Services, Chief Counsel,
Congressional Affairs, International Affairs, and
Training and Development).
Sec. 458. GAO report to Congress.
Not later than 3 months after enactment, requires
the Comptroller General of the United States to
submit a report to Congress that sets forth all
trade functions performed by the executive
branch, specifying each agency that performs
each function.
Sec. 459. Allocation of resources by the
Secretary.
Requires the Secretary of Homeland Security to
provide adequate staffing for “Customs revenue
services” so that the level of those services would
not be diminished from the level that existed on
the date of enactment. Requires the Secretary to
notify the House Committee on Ways and Means
and the Senate Committee on Finance at least 180
days in advance of any action that: (1) would
result in a significant reduction in customs
revenue services at any Customs office or port of
entry; (2) eliminate or relocate of any
departmental office that provides customs
revenue services; or (3) eliminate of any port of
entry. Defines “customs revenue services” as
those activities described in paragraphs (1)
through (6) and (8) of sec. 457 (described above).
Sec. 460. Reports to Congress.
Requires the Customs Service to continue to
submit after the effective date of this Act any
report required to be submitted under any
provision of law to the House Committee on
Ways and Means and the Senate Committee on
Finance prior to the effective date of this Act.

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CRS-56
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Sec. 461. Customs User Fees.
Amends 19 U.S.C. §58c(f) in regard to the
disposition of Merchandise Processing Fees
(MPFs). Creates within the general fund of the
Department of the Treasury a “Customs
Commercial and Homeland Security Account.”
Requires that $350 million in MPF receipts be
deposited into that account in FYs 2003, 2004,
and 2005. Authorizes for appropriation in FYs
2003-2005 such amounts as available from that
account for the development, establishment, and
implementation of the Automated Commercial
Environment (ACE). Requires further that the
Secretary of the Treasury adjust the level of
MPFs for FY2006 to reflect the amount that total
fees deposited into the account during FYs 2003-
2005 exceed total appropriations from that
account.

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CRS-57
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
H.R. 5005, Title V. Emergency
S. 2452, Title I, Sec. 134.
Preparedness and Response
Directorate of Emergency
Preparedness and Response
Sec. 501. Under Secretary for Emergency
Sec. 134(a). Establishes the Directorate of
Preparedness and Response.
Emergency Preparedness and Response (EPR) in
Requires the Secretary of DHS, through the
DHS, with an Under Secretary appointed by the
Under Secretary for Emergency Preparedness and
President, subject to Senate approval.
Response (EPR), to:
Sec. 134(b). Places responsibility in EPR for:
(1) help ensure preparedness of emergency
(1)(2) all emergency response and preparedness
response providers for terrorist attacks, major
activities of the Federal Emergency Management
disasters (as defined in 42 U.S.C. 5122(2)), and
Agency, and the responsibilities of the NDPO
“other emergencies”; [note: Sec. 402 (7) transfers
(FBI);
Office of Domestic Preparedness and National
(3) organizing and training “local entities” to
Domestic Preparedness Office (NDPO) functions
respond to “emergencies” and providing
to the Under Secretary for Border and
equipment and training for WMD emergencies;
Transportation Security]
(4) overseeing federal, state, and local
preparedness training and exercises in accordance
with intelligence estimates, and provide a single
staff for federal assistance in any emergency,
including natural disasters, human health or
agricultural disease outbreaks, or terrorist attacks;
(2) for the Nuclear Incident Response Team
(NIRT), defined in Sec. 504, regardless of its
status as a unit of DHS, establish standards and
certify when they are met, conduct training
exercises, and provide funds to Dept. of Energy
and EPA for preparedness activities;
(3) provide, manage, and coordinate federal
(9) coordinating with other agencies to carry out
resources in response to a terrorist attack or major
functions of the Office of Emergency
disaster, including directing the Domestic
Preparedness (OEP) in HHS;
Emergency Support Team, Strategic National
(10) consulting and collaborating with, and
Stockpile, National Disaster Medical System, the
transferring funds to, CDC or other agencies
Metropolitan Medical Response System, and
regarding that agency’s administration of the
NIRT (when the latter operates as a DHS unit);
Strategic National Stockpile;
(4) aid recovery and treat the psychological
consequences of disasters, including training
mental health workers;
(5) build a comprehensive national incident
(5) creating a National Crisis Action Center to
management system to coordinate federal, state,
monitor emergencies, notify affected
and local response;
governments, and coordinate federal support for

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CRS-58
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
public and private entities;
(6) consolidate existing federal response plans
(6) coordinating and integrating activities of the
into a single, coordinated national response plan;
Department of Defense, National Guard, and
other agencies into a federal response plan;
(8) developing a single response system “for
national incidents” in coordination with the DoJ,
FBI, HHS, CDC, and other appropriate agencies;
(7) develop comprehensive programs for
No similar provision, see (12), below for
developing interoperative communications
interoperability standards for medical responses
technology.
(7) coordinating recovery and consequence
management activities of the private sector,
including animal health and plant disease
communities and the medical community;
(11) consulting with the Under Secretary for
Science and Technology, the Secretary of
Agriculture, and the CDC in establishing and
updating the list of bioagents and toxins related to
the select agent registration program;
(12) developing a plan to address the use of
medical informatics (i.e., the application of
information technologies to healthcare) in the
medical response to terrorism to address such
issues as interoperability standards, real-time data
collection, and epidemiological surveillance of
human health and agricultural diseases, among
others.
(13) performing other duties as assigned by the
Secretary of DHS
Sec. 502. Functions Transferred.
Sec. 134(c). Transfers “authorities, functions,
Transfers “functions, personnel, assets, and
personnel, and assets” of the following agencies
obligations” of the following agencies to the
to the EPR Directorate:
Secretary:
(1) Federal Emergency Management Agency, and
(1) Federal Emergency Management Agency as a
Integrated Hazard Information System of DoD
distinct entity within DHS, including ten regional
offices to be strengthened and maintained
(see Sec. 402 (6),(7))
(2) NDPO (FBI)
(3) Office of Domestic Preparedness (DOJ)
(2) OEP, the National Disaster Medical System
(4) similar provision, but also specifies within

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CRS-59
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
(NDMS), the Metropolitan Medical Response
OEP the Noble Training Center, Disaster Medical
System (MMRS), and related functions of the
Assistance Teams and Disaster Mortuary
Secretary of HHS and the Assistant Secretary for
Operational Response Teams (included within
Public Health Emergency Preparedness
NDMS and listed separately), special events
response, and citizen preparedness programs
(3) functions, personnel, assets, and obligations
(5) authorities, functions, personnel, and assets of
of the Strategic National Stockpile (formerly the
the Strategic National Stockpile and the HHS
National Pharmaceutical Stockpile) to DHS.
potassium iodide program (created by Sec. 127 of
Pursuant to Sec. 905, the HHS Secretary would
the bioterrorism legislation (P.L. 107-188)
continue to manage the stockpile and determine
its contents
(6) Select Agent Registration Program of HHS
and Department of Agriculture, specifically
sections 201 and 221 of P.L. 107-188.
Sec. 134(d). Authorizes an individual to serve as
Under Secretary for EPR and Director of FEMA,
with Senate approval, limits pay of individual
appointed to both positions to that provided for
the higher of the two
Sec. 134(e). Within one year of enactment the
Under Secretary for EPR must report to Congress
on status of a national medical informatics system
and capacity to meet goals set out in Sec.
134(b)(12)
Sec. 503. Nuclear Incident Response.
Provides for the NIRT (defined in Sec. 504) to
operate as an organizational unit of the DHS in
the event of an emergency in the U.S. Otherwise
maintains the current Team element
responsibilities of the Secretary of Energy and the
Administrator of the Environmental Protection
Agency. Provides for continued indemnification
of current Department of Energy contractors
when their Team elements are operating as a unit
of the Department
Sec. 504. Definition.
Defines NIRT as (1) those entities of the
Department of Energy that perform nuclear or
radiological emergency support functions,
including Radiation Emergency
Assistance/Training Site (REAC/TS), plus (2)
those entities of the Environmental Protection

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CRS-60
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Agency that perform radiological emergency
response and support functions
Sec. 505. Conduct of Certain Public Health-
Related Activities.
Requires the HHS Secretary, in collaboration
with the Secretary of DHS, to set priorities and
preparedness goals (including benchmarks and
outcome measures for evaluating progress) and to
develop a coordinated strategy for activities to
improve state, local, and hospital preparedness
and response
Sec. 506. Role of Federal Emergency
Management Agency.
Maintains FEMA’s role as lead agency for the
Federal Response Plan; instructs FEMA Director
to update Federal Response Plan within 60 days
to incorporate new DHS; maintains FEMA’s
focus on response, recovery, preparedness, and
mitigation for natural hazards;
Sec. 507. Sense of Congress Regarding Funding
of Trauma Systems.
Expresses sense of Congress that states should
use federal bioterrorism funding (through P.L.
107-188) to develop trauma care and burn center
care components.
S. 2452, Title I, Subtitle C – National
Emergency Preparedness Enhancement.
Sec. 151. Short title:
National Emergency Preparedness Enhancement
Act of 2002
Sec. 152. Preparedness Information and
Education.
Establishes a National Clearinghouse on
Emergency Preparedness, which shall consult
with heads of federal agencies and private sector
representatives to collect information relevant to
national strategy;
Lists clearinghouse duties, including serving as
a one-stop center for emergency preparedness
information, including a web site and other
contact information, informing states, localities,
and private entities of federal grant opportunities,

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CRS-61
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
and distributing preparedness education tools,
distributing information on best practices in
emergency preparedness;
Requires clearinghouse to conduct a public
awareness campaign, including an annual
National Emergency Preparedness Week
Sec. 153. Pilot Program.;
Requires department to award grants to private
entities to improve emergency preparedness
through evacuation plans, drills, security
measures, preparedness technologies, and
employee education
Sec. 154. Designation of National Emergency
Preparedness Week.
Designates each week that includes September 11
as “National Preparedness Week,” during which
the President and federal agencies will conduct
public education programs

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
H.R. 5005, Title VI —
Management
Sec. 601. Under Secretary for Management.
Sec. 104. Under Secretary for Management,
In general, the responsibilities would include (1)
appointed by President subject to confirmation
budget, appropriations, expenditures of funds,
Responsibilities may include (1) the budget,
accounting, and finance; (2) procurement; (3)
appropriations, expenditures of funds,
human resources and personnel; (4) information
accounting, and finance; (2) procurement; (3)
technology and communications systems; (5)
human resources and personnel; (4) information
facilities, property, equipment, and other material
technology and communications systems; (5)
resources; (6) security for personnel, information
facilities, property, equipment, and other material
technology and communications systems,
resources; (6) security for personnel, information
facilities, property, equipment, and other material
technology and communications systems,
resources; (7) identification and tracking of
facilities, property, equipment, and other material
performance measures relating to the
resources; and (7) identification and tracking of
responsibilities of the department; (8) grants and
performance measures relating to the department
other assistance management programs; (9)
responsibilities.
transition and reorganization process, to ensure
an efficient and orderly transfer of functions and
personnel to the department, including the
development of a transition plan; (10) conduct of
internal audits and management analyses of the
programs and activities of the department; and
(11) any other management duties that the
Secretary may designate.
For Immigration Enforcement: maintenance of all
immigration statistical information of the Bureau
of Border Security, including data such as that
contained in the current Statistical Yearbook of
the Immigration and Naturalization Service;
establishment of standards of reliability and
validity for immigration statistics to be collected
by the newly created Bureau of Border Security;
and assumption of functions currently performed
by the statistics Branch of the office of Policy and
Planning of the Immigration and Naturalization
Service with respect to the border patrol program,
detention and removal program, intelligence
program, investigations program, and inspections
program.
Sec. 602 Chief Financial Officer.
Sec. 107(b) brings CFO for DHS under Chapter 9
CFO for DHS shall report to the Secretary or
of 31 USC. Hence CFO reports directly to the
another department official as the Secretary may
Secretary.
direct. All other CFO positions coming under the

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
CFO Act (Chapter 9 of 31 U.S.C.), report directly
to the agency head.
Sec. 603. Chief Information Officer (appointed
Sec. 108. Chief Information Officer, designated
under Sec. 103(d)(5))
as prescribed under 44 U.S.C. 3506(a)(2)(A).
Notwithstanding 44 U.S.C. 3506(a)(2), shall
Assist the Secretary with department-wide
report to the Secretary, or to another official of
information resources management and perform
the department, as the Secretary may direct.
those duties prescribed by law for chief
Note: Other statutory CIOs report only to the
information officer of agencies.
head of the agency.
Sec. 604. Establishment of Office for Civil
Rights and Civil Liberties.
Secretary shall establish an Office for Civil
Rights and Civil Liberties, headed by the Director
for Civil Rights and Civil Liberties. The
Director’s responsibilities include:
(1) reviewing and assessing information alleging
abuses by employees and officials of the
department;
(2) making public, through mass media,
information on the responsibilities and functions
of and how to contact the office; and
(3) submitting a report semiannually to Congress
on implementation of this section, funds
expended, and detailed case studies.
Sec. 605. Consolidation and Co-Location of
Offices.
Not later than one year from enactment, the
Secretary shall develop and submit to Congress a
plan for consolidating and relocating
(1) any regional offices or field offices of
agencies transferred to the department, if such
officers [sic] are located in the same
municipality; and
(2) portions of regional and field offices of other
federal agencies, to the extent such offices
perform functions that are transferred to the
Secretary under this Act.

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CRS-64
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
H.R. 5005, Title VII —
Miscellaneous
H.R. 5005, Title VII, Subtitle A —
Inspector General.
Sec. 701. Authority of the Secretary.
Sec. 106(d). Additional Provisions With Respect
(a) The bill provides that notwithstanding the last
to the IG of the Department of Homeland
two sentences of section 3(a) of the IG Act, the
Security.
IG shall be under the authority, direction, and
This provides for a new section 8I of the IG Act
control of the Secretary with respect to audits or
and sets forth “Special Provisions Concerning the
investigations, of the issuance of subpoenas that
Department of Homeland Security” for the IG
require access to sensitive information
and the Secretary. (Adding new § 8I(a)(1) of the
concerning –
IG Act), section 106(d) of the bill provides that
(1) intelligence, counterintelligence, or counter
notwithstanding the last two sentences of section
terrorism matters;
3(a) of the IG Act, the IG shall be under the
(2) ongoing criminal investigations or
authority, direction and control of the Secretary
proceedings;
of Homeland Security with respect to audits or
(3) undercover operations;
investigations, of the issuance of subpoenas,
(4) the identity of confidential sources, including
which require access to sensitive information
protected witnesses;
concerning –
(5) other matters, the disclosure of which would,
(A) intelligence or counterintelligence matters;
in the Secretary’s judgment, constitute a serious
(B) ongoing criminal investigations or
threat to the protection of any person or property
proceedings;
authorized protection by 18 U.S.C. § 3056, 3
(C) undercover operations;
U.S.C. § 202, or any provision of the Presidential
(D) the identity of confidential sources, including
Protection Assistance Act of 1976; or
protected witnesses;
(6) other matters the disclosure of which would,
(E) other matters the disclosure of which would
in the Secretary’s judgment, constitute a serious
constitute a serious threat to the protection of any
threat to national security.
person or property authorized protection by 18
U.S.C. § 3056, 3 U.S.C. § 202, or the Presidential
Protection Assistance Act of 1976 (18 U.S.C. §
3056 note); or
(F) other matters the disclosure of which would
constitute a serious threat to national security.
Sec. 701(b). Prohibition of certain investigations. Sec. 106(d). (Adding new § 8I(a)(2) of the IG
With respect to sensitive information described in
Act). Section 106(d) of the bill provides further
the six subparagraphs in § 701(a) (or sensitive
that with respect to sensitive information
areas of information), the Secretary may prohibit
described in paragraph (1), the Secretary may
the IG from carrying out or completing any audit
prohibit the IG from carrying out or completing
or investigation, or from issuing a subpoena, after
any audit or investigation, or from issuing any
the IG has decided to initiate, carry out, or
subpoena, if the Secretary determines that the
complete the audit or investigation, or issue such
prohibition is necessary to prevent the disclosure
subpoena, if the Secretary determines that such
of information described in paragraph (1),

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
prohibition is necessary to prevent the disclosure
preserve the national security, or prevent
of information described in § 701(a), to preserve
significant impairment to the national security
national security, or to prevent a significant
interests of the United States.
impairment to the interests of the United States.
Sec. 701(c). Notification required.
Sec. 106(d). (Adding new § 8I(a)(3) of the IG
If the Secretary exercises any power under
Act.) Section 106(d) of the bill provides that if
subsections §§ 701(a) and (b) [to prohibit the IG
the Secretary exercises any power under
from carrying out an audit or investigation or
paragraph (1) or (2), the Secretary shall notify the
from issuing a subpoena], the Secretary shall
IG in writing (appropriately classified, if
notify the IG of the Department in writing stating
necessary) within 7 calendar days stating the
the reasons for the exercise. Within 30 days after
reasons for such exercise. Within 30 days after
receipt of the notice [from the Secretary], the IG
receipt of such notice, the IG shall transmit a
shall transmit a copy of the notice and a written
copy of such notice, together with comments
response that includes (1) a statement as to
concerning the exercise of such power as the IG
whether the IG agrees or disagrees with the
considers appropriate to: the President of the
Secretary’s exercise of power and (2) the reasons
Senate; the Speaker of the House; the Senate
for the disagreement, to the President of the
Committee on Governmental Affairs; the House
Senate and the Speaker of the House and to
Committee on Government Reform; and other
appropriate committees and subcommittees of
appropriate committees or subcommittees of
Congress.
Congress.
Sec. 701(d). Access to information by Congress.
The exercise of authority by the Secretary
described in § 701(b) should not be construed as
limiting the right of Congress or any committee
of Congress to access any information it seeks.
Sec. 701(e). Oversight responsibility.
Sec. 106(d). (Adding new §§ 8I(b)(1), (2), (3)
A new section 8J is added to the IG Act. The bill
and (4) of the IG Act.)
provides that the IG Act is amended by inserting
Section 106(d) of the bill provides that in
after section 8I the following:
carrying out the duties and responsibilities under
“Special Provisions Concerning the Department
this Act, the IG shall have oversight
of Homeland Security:” This section provides
responsibility for the internal investigations and
that in carrying out the duties and responsibilities
audits performed by any other office performing
in the Act, the IG shall have oversight
internal investigatory or audit functions in any
responsibility for the internal investigations
subdivision of the DHS
performed by the Office of Internal Affairs of the
The head of each other office described herein
U.S. Customs Service and the Office of
shall promptly report to the IG the significant
Inspections of the U.S. Secret Service. The head
activities being carried out by the office.
of each office shall promptly report to the IG the
The IG of DHS may initiate, conduct, and
significant activities being carried out by such
supervise any such audits and investigations in
office.
the DHS (including any subdivision referred to in
paragraph (1)) as the IG considers appropriate.
If the IG initiates an audit or investigation
under paragraph (3), concerning a subdivision in
paragraph (1), the IG may provide the head of the

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
other office performing internal investigatory or
audit functions in the subdivision with written
notice that the IG has initiated such an audit or
investigation. If the IG issues such a notice, no
other audit or investigation shall be initiated into
the matter under audit or investigation by the IG,
and any other audit or investigation on the matter
shall cease.
Sec. 106(d). (Adding new §§ 8I(c) of the IG
Act.) This section provides that any report
required to be transmitted by the Secretary to the
appropriate full and subcommittees of Congress
under 5(d) shall also be transmitted, within the 7-
day period, to the President of the Senate; the
Speaker of the House; the Senate Committee on
Governmental Affairs; and, the Committee on
Government Reform of the House.
Sec. 106(e). Technical and Conforming
Amendments.
This section adds related technical and
conforming amendments.
H.R. 5005, Title VII, Subtitle B–United
States Secret Service.
Sec. 711. Functions transferred.
Sec. 138. United States Secret Service.
The U.S. Secret Service is to be transferred intact
The US Secret Service is being transferred intact
to the new department. The service is to be
to the new department. The Service is to be
“maintained as distinct entity within the
“maintained as a distinct entity within the
Department;” and all of its “functions, personnel,
Department;” and all of its “authorities,
assets, and obligations” are to be transferred to
functions, personnel, and assets” are to be
the Secretary.
transferred to the Secretary. The differences in
the language between the two versions are that:
the Senate version calls for “authorities” to be
transferred, while the House does not; and the
Senate version leaves out “obligations,” which
the House includes.

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
H.R. 5005, Title VII, Subtitle C–Critical
Infrastructure Information.
Sec. 721. Short title
This subtitle may be cited as the “Critical
Infrastructure Information Act of 2002.”
Sec. 722. Definitions
(1)Agency has the same meaning given in section
551 of title 5, United States Code.
(2) Covered federal agency means Department of
Homeland Security
(3) Critical infrastructure (CI) information
means, information not customarily in the public
domain and related to the security of critical
infrastructure or protected systems, including; (A)
the actual, potential, or threatened interference
with, attach on, compromise of, or incapacitation
of critical infrastructure (CI) or protected
systems...(B)the ability of any CI or protected
system to resist such interference, compromise, or
incapacitation ...(C)any planned or past
operational problem or solution regarding CI or
protected systems...
(4) Critical Infrastructure Protection Program
means any component or bureau of a Federal
agency that has been designated by the President
or any agency head to receive CI information.
(5) Information sharing and analysis
organization means any formal or informal entity
or collaboration created or employed by public or
private sector organizations for the purpose of
gathering, organizing and disseminating critical
information to federal, state and local officials to
protect the Nation’s CI against attack.
(6) Protected system means any service, physical
or computer-based system, process, or procedure
that directly or indirectly affects the viability of a
facility of CI.
(7) Voluntary means the transfer of information
entity provided the information absent a formal
request from the recipient.
Sec. 723. Designation of critical infrastructure
protection program
A critical infrastructure protection program may
be designated by the President, or the Secretary of

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
the Department of Homeland Security.
Sec. 724. Protection of voluntarily shared critical
infrastructure information
(1) In general-CI information that is voluntarily
submitted to the Federal government shall be
exempt from disclosure under Freedom of
Information Act, section 552 of title 5, U.S.C...
Further, such information shall not be subject to
any agency rules or judicial doctrine regarding ex
parte communication with a Federal official.
Additionally, voluntary information may not be
used directly in any civil action initiated by a
Federal, state or local entity without written
consent, if information is submitted in good faith.
Information may be disclosed to further a
criminal investigation or to Congress or GAO.
(2) Express statement-means that information
(written or oral) is voluntarily submitted to the
Federal Government in expectation of protection
from disclosure as provided in the Critical
Infrastructure Information Act of 2002. In
addition, the transfer of CI information is not
subject to the requirements of the Federal
Advisory Committee Act (5 U.S.C. App. 2).
Provides savings clause for independently
obtained information on critical infrastructure.
Procedures-Ninety days after the passages of this
bill the Secretary shall establish procedures for
the receipt, care, storage, and timely retrieval of
voluntary information received by the
department. Penalties- Any officer or employee
of the federal government that deliberately or
knowingly publishes, divulges or discloses, any
CI information protected under this statute shall
be fined under title 18 of the U.S. Code,
imprisoned not more than one year, or both, and
shall be removed from office or employment.
Authorizes the federal government to issue alerts
and warnings regarding threats to critical
infrastructure.
Sec. 725. No private right of action.
Nothing in this subtitle may be construed to
create a private right of action for enforcement of
any provision of this Act.

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
H.R. 5005, Title VII, Subtitle D —
S. 2452, Title V — Federal
Acquisitions.
Emergency Procurement
Flexibility
Sec. 731. Research and development projects.
Sec. 135(c)(3) Research and Development-
Provides the Secretary with authority for a pilot
Related Authorities
program
Provides the Secretary with authority to conduct
- to conduct R&D under similar authority to that
R&D similar to that possessed by the Secretary of
possessed by the Secretary of Defense under 10
Defense under 10 U.S.C. 2371 and to carry out
U.S.C. 2371if other means are determined not to
prototype projects according to requirements and
be suitable, and
conditions of Sec. 845 of P.L. 103-160; requires
- to carry out prototype projects according to
use of competitive, merit-based selection
requirements and conditions of Sec. 845 of P.L.
procedures.
103-160; requires use of competitive, merit-based
selection procedures.
Requires annual report from Comptroller General
on whether above authorities attract
nontraditional contractors and results in
acquisition of needed technology, and what
safeguards would be needed if the authorities
were made permanent.
Sec. 732. Personal Services.
Sec. 195. Procurement of temporary and
The Secretary could procure the temporary or
intermittent services.
intermittent services of experts or consultants (or
(1) Authorizes the Secretary to bring on experts
organizations thereof) in accordance with 5
and consultants under 5 U.S.C. 3109; and
U.S.C. 3109; and could, whenever necessary due
(2) Due to urgent homeland security needs, may
to an urgent homeland security need, procure
for a period of not more than one year,
temporary (not to exceed one year) or intermittent
compensate them at a rate higher than the
personnel services, including the services of
referenced section allows.
experts or consultants (or organizations thereof)
without regard to the pay limitations of 5 U.S.C.
3109.
Sec. 733. Special streamlined acquisition
S. 2452, Title V, Subtitle A —
authority
Temporary Flexibility for Certain
Procurements.
Sec. 733(a) Authority.
The Secretary may use the streamlined authorities
for a period of four years; can delegated only to
another confirmed officer; and must submit
notification and justification to appropriate
congressional committees.
Sec. 501. Definition: executive agency, same as

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
41 U.S.C. 403(1).
Sec. 502. Procurements for defense against or
recovery from terrorism or nuclear, biological,
chemical, or radiological attack.
Solicitations of offers must be issued during the
one-year period following enactment.
Sec. 503. Increased simplified acquisition
threshold for procurements in support of
humanitarian or peacekeeping operations or
contingency operations.
Sec. 503(a)Temporary Threshold Amounts.
Definitions applied if contract to be awarded is
$250,000 within U.S., or $500,000 outside U.S.
Sec. 733(b) Increased Micro-Purchase Threshold
Sec. 504. Increased Micro-Purchase Threshold
for Certain Procurements.
for Certain Procurements.
Provides Secretary with authority to delegate
Purchase activity amount specified as $10,000.
purchase activity for amounts as small as $5,000;
limits the number of persons so authorized; and
requires monthly review.
Sec. 733(c) Simplified Acquisition Procedures.
Sec. 503(b)Simplified Acquisition Threshold
Secretary may deem the acquisition threshold to
Definitions.
be $175,000.
Provides appropriate U.S. Code sites.
Sec. 506. Use of streamlined procedures.
In reference to Sec. 502, an agency head is
required to use streamlined procedures. Specific
applicable statutes are identified.
Sec. 733(d) Application of Certain Commercial
Sec. 505. Application of certain commercial
Items Authorities.
items authorities to certain procurements.
Secretary may deem any item or service to be
(a) in reference to Sec. 502, certain commercial
commercial under this section; there will be a
determinations may be waived;
$7,500,000 limitation; and the time limit under
(b) the monetary threshold does not apply in such
Clinger-Cohen (10 U.S.C. 2304, note) does not
instances;
apply.
(c) continues certain applicable provisions of law
which would otherwise expire.
Sec. 733(e) Report.
Sec. 507 Review and Report by GAO.
No later than March 31, 2006, GAO must submit
No later than March 31, 2004, GAO must review
a report to Congress on the application and
and report results to Senate Committee on
implementation of this section.
Governmental Affairs and House Committee on
Government Reform.
Report must contain recommendations on

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
property and services.
Comptroller General must consult with Senate
Committee on Government Affairs and House
Committee on Government Reform on topics to
be reviewed.
Sec. 734. Procurements from small business.
Sec. 503(c)Small Business Reserve.
(a) Establishes, within DHS, the Office of Small
Procurement values for small business contracts.
and Disadvantaged Business Utilization; and
(b) Requires the Secretary to establish annual
Sec. 506(b) Waiver of certain small business
small business procurement goals.
threshold requirements.
See also Sec. 511.
Sec. 735. Prohibition on contracting with
corporate expatriates.
(a) Prohibits DHS Secretary from entering into
any contract with a company incorporated in a tax
haven country and for whom the U.S. is the
principal market for trading its public stock;
(b) Tax haven countries are identified; and
(c) Provides waivers in the case of national
security.
S. 2452, Title V, Subtitle B — Other
Matters.
Sec. 511. Identification of new entrants into the
federal marketplace.
Agency heads are required to conduct ongoing
market research to identify the capabilities of
small businesses and new entrants into federal
contracting that meet the agency requirements in
fighting terrorism.
H.R. 5005, Title VII, Subtitle E —
Property.
Sec. 741. Department Headquarters.
The Administrator of GSA shall construct a
public building to serve as DHS headquarters.
Giving preference to federally-owned land, the
administrator shall select the location and
construct the facility to his/her standards and
specifications.
The administrator shall make available that
facility and other necessary federal facilities to
the Secretary.

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Such amounts as may be necessary to pay the
annual charges for GSA furnished space and
services are authorized.
H.R. 5005, Title VII, Subtitle
F–Support Anti-Terrorism by Fostering
Effective Technologies Act of 2002 (the
SAFETY Act).
Sec. 751. Short title: “Support Anti-terrorism by
Fostering Effective Technologies Act of 2002” or
the “SAFETY Act.”
Sec. 752. Administration.
Provides that the Secretary would be responsible
for the administration of Subtitle G and may
designate anti-terrorism technologies that qualify
for the liability limitations under the system of
risk management set forth in the subtitle.
Sec. 753. Litigation management:
Creates a federal cause of action, to be brought in
an appropriate federal district court, which would
preempt state causes of actions, for claims against
sellers of qualified anti-terrorism technologies
when such technologies have been deployed in
defense against an act of terrorism that gives rise
to claims for damages. The law of the state in
which the act of terrorism occurred would govern
unless it were inconsistent with federal law. In
an action brought under this section, no punitive
damages or interest prior to judgment could be
awarded, there would be no joint and several
liability for noneconomic damages (this means
that each defendant could be held liable for pain
and suffering and the like only to the extent to
which it was responsible for the plaintiff’s harm),
the collateral source rule would not apply (this
means that damage awards would be reduced by
amounts received from collateral sources, such as
insurance benefits), and the government
contractor defense would apply in product
liability and other suits unless the defendant had
acted fraudulently or with willful misconduct in
submitting information about its technology to
the Secretary (this means that, if the harm was
caused by an aspect of the product that had been

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
manufactured in accordance with government
contract requirements, the defendant would not
be liable). The Secretary would be exclusively
responsible for the review and approval of anti-
terrorism technology for purposes of establishing
a government contractor defense. Nothing in this
section would limit any form of recovery from
any person, government, or other entity that
commits any act of terrorism or participates in a
conspiracy to commit any such act.
Sec. 754. Risk management:
Requires sellers of qualified anti-terrorism
technology to federal and non-federal government
customers (“Seller”), to obtain liability insurance
of such types and in such amounts as would be
required in accordance with this section and
certified by the Secretary. Sellers would be
required to enter into a reciprocal waiver of
claims with their contractors, subcontractors,
suppliers, vendors, and customers, and
contractors and subcontractors of their customers,
under which each party to the waiver would agree
to be responsible for its own losses. Liability for
all claims against a seller under section 753
would be limited to the amount of liability
insurance required under section 754.
Sec. 755. Definitions.
Define, for purposes of Subtitle F, “qualified anti-
terrorism technology,” “act of terrorism,”
“insurance carrier,” “liability insurance,” “loss,”
and “non-federal government customers.”
H.R. 5005, Title VII, Subtitle G–Other
Provisions.
Sec. 761. Establishment of Human Resources
Management System
Sec. 761(a)(1). Expressing sense of the Congress
that DHS employees be allowed to participate in
the creation of new human resources management
system.
Sec. 761(a)(2). Establishment of human
resources management system (new §9701(a),
(b), (c) in title 5, U.S. Code).

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
The Secretary of Homeland Security may, in
regulations prescribed jointly with the Director of
the Office of Personnel Management, establish,
and from time to time adjust, a human resources
management system for some or all of the
organizational units of the DHS. The new system
shall be flexible and contemporary, and shall not
waive, modify or otherwise affect specified
provisions of title 5, U.S. Code. The Secretary
may waive chapters 51 (pay classification), 53
(pay rates and systems), 71 (labor-management
relations) and certain other chapters of title 5,
U.S. Code.
In particular:
Subpart I of part III of Title 5, U.S. Code, is
amended by adding a new section:
§9701. Establishment of human resources
management system. Notwithstanding any other
provision of this title, the Secretary of Homeland
Security may, in regulations prescribed jointly
with the Director of the Office of Personnel
Management, establish, and from time to time
adjust, a human resources management system
for some or all of the organizational units of the
Department of Homeland Security.
Sec. 761(a)(2). Collective bargaining rights for
employees under new human resources
management system (new §9701(b)(4) in title 5,
U.S. Code).
The new human resources management system
shall ensure that employees may organize,
bargain collectively, and participate through labor
organizations of their own choosing in decisions
which affect them, subject to any exclusion from
coverage or limitation on negotiability
established by law or pursuant to the new system
for employees engaged in intelligence,
counterintelligence, investigative, or security
work which directly provides national security.
Sec. 761(a)(2). Participation of employee
representatives in planning of human resources
management system (new §9701(e)).
With respect to any proposed human resources
management system or any adjustment to such
system, the Secretary of Homeland Security and

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CRS-75
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Director of OPM must provide a written
description of the proposed system or adjustment
to each employee representative, must give each
representative at least 60 days to review and
make recommendations, except in extraordinary
circumstances, and must give any
recommendations full and fair consideration in
deciding whether and how to proceed with the
proposal. Before implementation of a proposal,
the Secretary and Director must give each
employee representative details of the decision to
implement the proposal, together with the
information upon which the decision was based,
must give each representative an opportunity to
make recommendations with respect to the
proposal, and must give such recommendations
full and fair consideration and provide reasons for
rejecting any recommendation. If a proposal is
implemented, the Secretary and Director shall
develop a method for each employee
representative to participate in any further
planning or development which might become
necessary.
Sec. 761(a)(2). (new §9701(f)).
Expressing sense of the Congress that DHS
employees are entitled to fair treatment in any
appeals that they bring in decisions relating to
their employment.
Sec. 761(b)(1). Effect on personnel.
Except as otherwise provided in the Act, the
transfer of full-time personnel (except special
government employees) and part-time personnel
holding permanent positions would not cause any
such employee to be separated or reduced in
grade or compensation for one year after the date
of transfer to the department.
Sec. 762. Labor-Management Relations.
Sec. 762(a)(1). Exclusion from ability to bargain
Sec. 187(f)(2)(A). Exclusion from ability to
collectively: transferred agencies.
bargain collectively: transferred agencies.
No agency or subdivision of an agency which is
The DHS, or a subdivision of the DHS, that
transferred to the department shall be excluded
includes a transferred agency or subdivision
from coverage under chapter 71 of title 5, U.S.
thereof or that performs transferred functions
Code, pursuant to 5 U.S.C. Sec. 7103(b)(1)
shall not be subject to the President’s authority to

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CRS-76
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
(national security exclusion) after June 18, 2002,
exclude an agency or subdivision from coverage
unless the mission and responsibilities of the
under chapter 71 of title 5, U.S. Code, pursuant to
agency or subdivision materially change, and a
5 U.S.C. Sec. 7103(b)(1) (national security
majority of the agency’s or subdivision’s
exclusion) after July 19, 2002. This section shall
employees have as their primary duty
not apply to an agency or subdivision of an
intelligence, counterintelligence, or investigative
agency that is transferred to the department and
work directly related to terrorism investigation.
excluded from coverage under chapter 71 of title
5 on July 19, 2002.
Sec. 762(b)(1). Recognition of appropriate
bargaining units.
Each unit recognized as an appropriate unit under
chapter 71 of title 5, U.S. Code, prior to the
effective date of the Act shall continue to be
recognized as an appropriate unit following
transfer to the department, unless the mission and
responsibilities of the unit materially change, and
a majority of employees within the unit have as
their primary duty intelligence,
counterintelligence, or investigative work directly
related to terrorism investigation.
Sec. 762(b)(2). Exclusion from appropriate
Sec. 187(f)(2)(B). Exclusion from appropriate
bargaining unit: transferred employees.
bargaining unit: transferred employees.
No position or employee within a unit which
A transferred employee shall not be excluded
continues to be recognized as an appropriate unit
from an appropriate unit unless the employee’s
following transfer to the department shall be
primary job duty has materially changed after the
excluded from the unit, unless the primary job
transfer, the employee’s new duties consist of
duty of the position or employee materially
intelligence, counterintelligence, or investigative
changes and consists of intelligence,
duties directly related to the investigation of
counterintelligence, or investigative work directly
terrorism, and it is clearly demonstrated that
related to terrorism investigation.
membership in a unit and coverage under chapter
71 of title 5, U.S. Code, cannot be applied in a
manner that would not have a substantial adverse
effect on national security.
Sec. 187(f)(2)(C). Exclusion from appropriate
bargaining unit: transferred functions.
An employee of DHS who is primarily engaged
in carrying out a function transferred to the
department or a function substantially similar to a
function so transferred shall not be excluded from
an appropriate unit unless the function was
performed by an excluded employee prior to the
transfer.
Sec. 762(b)(2). Exclusion from appropriate
Sec. 187(f)(2)(D)(ii). Exclusion from appropriate

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CRS-77
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
bargaining unit: other employees.
bargaining unit: other employees.
A position first established on or after the
Subject to sections 187(f)(2)(B) and 187(f)(2)(C)
effective date of the Act and any employee first
of the Act, an employee of DHS shall not be
appointed on or after such date shall not be
excluded from an appropriate bargaining unit
excluded from an appropriate bargaining unit,
unless the employee’s primary job duty consists
unless the primary job duty of the position or
of intelligence, counterintelligence, or
employee consists of intelligence,
investigative duties directly related to the
counterintelligence, or investigative work directly
investigation of terrorism, and it is clearly
related to terrorism investigation
demonstrated that membership in a unit and
coverage under chapter 71 of title 5, U.S. Code,
cannot be applied in a manner that would not
have a substantial adverse effect on national
security. [This provision appears to apply to new
employees of the department and not to
employees transferred pursuant to the Act.]
Sec. 762(c). President’s discretion to exclude
agencies from chapter 71 coverage, to deny
recognition of units, and to exclude positions or
employees from appropriate units.
Sections 762(a) and 762(b) shall not apply in
circumstances where the President determines in
writing that such application would have a
substantial adverse impact on the department’s
ability to protect homeland security.
Sec. 763. Advisory committees
Secretary authorized to establish, appoint
members of, and use the services of, advisory
committees as he or she deemed necessary. The
committees may be exempted by the Secretary
from the Federal Advisory Committee Act, but
the Secretary must publish notice of their
establishment, identifying its purpose and
membership.
Sec. 764. Reorganization; Transfer of
Sec. 191. Authorizes the Secretary, with certain
Appropriations.
limitations, to allocate or reallocate functions
Authorizes the Secretary to allocate or reallocate
among DHS officers and establish, consolidate,
functions among DHS officers and establish,
alter or discontinue organizational entities within
consolidate, alter, or discontinue DHS
the department.
organizational units, but only pursuant to section
Authorizes the Secretary and DHS officers,
802 or after the expiration of 60 days after having
with certain limitations, to delegate and authorize
given appropriate congressional committees
redelegation of functions.
notice and explanations of the rationale for such
action.

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CRS-78
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Sec. 764(b). Transfer of Appropriations.
Provides the Secretary with the authority to
transfer funds between appropriations accounts
within the DHS for two years from the date of
enactment. A transfer may not exceed 2% of the
available appropriation and requires 15 days’
notice to the House and Senate Appropriations
Committees before it can be made.
Sec. 765. Miscellaneous Authorities.
Sec. 101. Authorizes the Secretary to procure a
Authorizes DHS to have a seal, the design of
proper DHS seal, the design of which is subject
which is subject to presidential approval;
to presidential approval, to verify official
the Secretary to have the same authorities
documents and be given judicial notice.
regarding gifts, devises, and bequests as the
Attorney General has under 28 U.S.C. 524(d);
the Secretary to have the same authorities
regarding the participation of members of the
armed forces as the Secretary of Transportation
has under 49 U.S.C. 324; and,
unless otherwise provided in the delegation or
by law, the redelegation of any function delegated
under this act to any subordinate.
Sec. 766. Military Activities.
Specifies that nothing in this act confers upon the
Secretary any authority to engage in warfighting,
the military defense of the U.S., or other military
activities, nor does this act limit the existing
authority of the Department of Defense or the
armed forces in these same regard.
Sec. 767. Regulatory Authority and preemption.
(a) Specifies that this act vests no new regulatory
authority in the Secretary or any other federal
official, transfers to the Secretary or another
federal official only such regulatory authority as
exists on the date of the enactment of this act, and
precludes further exercise of any authority by an
official from whom it was transferred by this act.
(b) State and local law is not preempted by the
statute but any preemption granted to a
transferring agency or official will transfer to the
department.
Sec. 768. Provisions Regarding Transfers from
Department of Energy.
Requires that, to the extent that programs or

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CRS-79
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
activities transferred by this act from the
Department of Energy to DHS are being carried
out through contracts with the operator of a
national laboratory, such contracts shall be
separate from the contracts of the Department of
Energy with such operator.
Requires DHS, in the case of an activity
carried out by contract with the operator of a
national laboratory of the Department of Energy,
to reimburse the Department of Energy for costs
of such activity through a method under which
the Secretary of Energy waives any requirement
for DHS to pay administrative charges or
personnel costs of the Department of Energy or
its contractors in excess of the amount that the
Secretary of Energy pays for an activity carried
out by such contractor.
Requires that any DHS obligation or
expenditure of appropriated funds for laboratory
directed research and development activities
carried out by the Department of Energy support
the mission of DHS as provided in section 101.
Requires the Secretary of Energy to ensure that
any research, development, test, and evaluation
activities conducted within the Department of
Energy that are directly or indirectly related to
homeland security are fully coordinated with the
Secretary of Homeland Security to minimize
duplication of effort and maximize the effective
application of federal budget resources.
Sec. 769. Counternarcotics Officer.
Requires the Secretary to appoint a senior DHS
official to assume primary responsibility for
coordinating policy and operations within the
department and between DHS and other federal
departments and agencies regarding interdicting
the entry of illegal drugs into the U.S. and
tracking and severing connections between illegal
drug trafficking and terrorism.
Officer is to be a senior official in the
department.
Sec. 770. Office of International Affairs.
Sec. 113 Establishes Director of the Office of
Establishes within the office of the Secretary an
International Affairs to be appointed by the
Office of International Affairs, headed by a
Secretary; responsibilities identified in sec.
Director appointed by the Secretary, to promote
113(b).

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CRS-80
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
information and education exchange with nations
friendly to the U.S. in order to promote sharing of
best practices and technologies relating to
homeland security; to identify areas for homeland
security information and training exchange where
the U.S. has a demonstrated weakness and
another friendly nation or nations have a
demonstrated expertise; to plan and undertake
international conferences, exchange programs,
and training activities; and to manage
international activities within the department in
coordination with other federal officials with
responsibility for counter-terrorism matters.
Sec. 771. Prohibition of the Terrorism
Information and Prevention System.
Prohibits any and all activities of the federal
government to implement the proposed
component program of the Citizen Corps known
as Operation TIPS.
Sec. 772. Review of Pay and Benefit Plans.
Notwithstanding any other provision of this Act,
the Secretary would, in consultation with the
OPM Director, review the pay and benefit plans
of each agency whose functions are transferred
under this Act to the Department and, within 90
days after the enactment date, submit a plan to the
President of the Senate and the Speaker of the
House and the appropriate committees and
subcommittees of the Congress, for ensuring, to
the maximum extent practicable, the elimination
of disparities in pay and benefits throughout the
Department, especially among law enforcement
personnel, that are inconsistent with merit system
principles at 5 U.S.C. 2301.
Sec. 773. Role of the District of Columbia.
The Secretary or his/her designee shall work in
cooperation with the Mayor of DC for the
purpose of integrating DC into the planning
coordination, and execution of the activities of
the federal government for the enhancement of
domestic preparedness against the consequences
of terrorist attacks.
Sec. 774. Transfer of the Federal Law
Sec. 131(c)(5). Transfer of the Federal Law

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CRS-81
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Enforcement Training Center.
Enforcement Training Center.
Transfers the Federal Law Enforcement Training
Transfers the Federal Law Enforcement Training
Center (functions, personnel, assets, and
Center to the Directorate of Border and
liabilities) from the Secretary of the Treasury to
Transportation Protection.
the Attorney General.
Sec. 776. Instructs that the transfer of an authority
or agency under this bill does not affect training
agreements already made with the Federal Law
Enforcement Training Center. Requires that all
activities of this center be carried out at locations
where such activities were carried out before
enactment of this bill.
See also Sec. 776.
Sec. 775. Requirement to comply with laws
Sec. 187(f)(4). Whistleblower protection. The
protecting equal employment opportunity and
President may not exclude any position
providing whistleblower protections.
transferred to the department as a covered
Nothing in the Act shall be construed as
position under section 2302(a)(2)(B)(ii) of title 5,
exempting the department from requirements
U.S. Code (positions not protected from
applicable to executive agencies to provide equal
discrimination and whistleblower protection), to
employment or whistleblower protection for
the extent that such exclusion subject to that
employees of the department.
authority was made before the Act’s date of
enactment. [This section appears to provide
protection from discrimination, as well as
protection from whistleblower retaliation.] See
also Sec. 164 and Sec. 165.
Sec. 776. Federal Law Enforcement Training
Center.
(a) No transfer under this Act affects law
enforcement training agreements already entered
into; and
(b) All activities of FLETC transferred to DOJ
under this Act shall continue to be carried out at
the locations such activities were carried out
before such transfer.
Sec. 777. Office for State and local government
Sec. 137(a). Establishes an Office for State and
coordination.
Local Government Coordination.
Establishes an Office for State and Local
Sec. 137(b). Responsibilities: coordinating
Government Coordination responsible for
departmental activities relating to state and local
coordinating departmental activities relating to
governments, advocating for state and local
state and local governments, advocating for state
resources, providing assistance, and developing a
and local resources, providing assistance, and
system for receiving state and local input on
developing a system for receiving state and local
national strategy.
input on national strategy.
Sec. 137(c). Requires Secretary of DHS to
appoint a Chief Homeland Security Liaison

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CRS-82
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Officer, whose duties include: coordinating
federal and state and local priorities, activities,
and needs; assessment of federal assistance
programs; identification of duplicative federal
activities; preparing an annual report addressing
stated issues and making recommendations to
Congress. The Secretary must also appoint a
DHS employee in each state shall have to serve
as homeland security liaison officer, responsible
for coordinating DHS activities with first
responders and relief organizations, among other
functions.
Sec. 778. Reporting requirements.
Requires DHS to report to Congress every two
years on the preparedness of the federal
government regarding: resources and
requirements of federal agencies for border
security and emergency preparedness functions;
preparedness of the nation to respond to natural
disasters and terrorist attacks; preparedness of
each state; an assessment of the department in
fulfilling the Act, ensuring core functions are
maintained and strengthened, and recommending
any necessary changes in law.
Sec. 779. Joint Interagency Task Force.
Sec. 780. Sense of Congress Reaffirming the
Continued Importance and Applicability of the
Posse Comitatus Act.
Specifies that Congress finds the Posse
Comitatus Act, enacted in 1878 to prohibit the
use of the armed forces as a posse comitatus to
execute the laws except in cases and under
circumstances expressly authorized by the
Constitution or statute, has served the nation well
in limiting the use of the armed forces to enforce
the law. Nevertheless, by its express terms, the
act is not a complete barrier to the use of the
armed forces for a range of domestic purposes
when authorized by law or in fulfillment of the
President’s obligation to respond promptly in
time of war, insurrection, or other serious
emergency. Congress reaffirms the continued
importance of 18 U.S.C. 1385 and it is the sense
of Congress that nothing in this act should be

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CRS-83
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
construed to alter the application of such section
to any use of the armed forces as a posse
comitatus to execute the law.
Sec. 781. Air Transportation Safety and System
Stabilization Act Amendments.
Expands the liability exemptions of the Act by
defining “air carriers” and their “agents,” for
purposes of the provision. Agent is defined to
only include persons that have contracted directly
with the FAA on or after February 17, 2002, to
provide such security or who were not debarred.
Since the FAA, under the Aviation and
Transportation Security Act, assumed the existing
passenger screening contracts from the airlines by
that date, this provision would appear to provide
these FAA contracted screening companies with
protection from liability.
See Sec. 104.
Sec. 137(d). Federal Interagency Committee on
First Responders.
Ensures coordination among federal agencies in
providing assistance to first responders, identifies
first responder needs, recommends new
programs, identifies ways to streamline provision
of assistance; lists the agencies required to be
represented on the Committee.
Sec. 137(e). Advisory Council for the Federal
Interagency Committee on First Responders.
Authorizes council to include representatives of
law enforcement, fire and rescue, medical and
emergency relief services, and urban and rural
communities.
S. 2452, Title I, Subtitle D —
Miscellaneous Provisions.
Sec. 161. National Bio-weapons Defense
Analysis Center.
Establishes the center within DOD to conduct
R&D on countermeasures and other aspects of
chemical and biological weapons.
Sec. 162. Review of Food Safety.
(a) Review of Food Safety Laws and Food Safety
Organizational Structure.
The Secretary of DHS shall enter into an

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CRS-84
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
agreement with and provide funding to the NAS
to conduct a detailed, comprehensive study that
shall (a) review all federal statutes and
regulations affecting the safety and security of the
food supply to determine the effectiveness of the
statutes and regulations at protecting the food
supply from deliberate contamination; and (b)
review the organizational structure of federal
food safety oversight to determine the efficiency
and effectiveness of the structure at protecting the
food supply from deliberate contamination.
(b) Report.
Not later than one year after the date of
enactment, the NAS shall prepare and submit to
the President, the Secretary, and Congress a
report containing the findings and conclusions of
the review and specific recommendations for
improving the effectiveness and efficiency of
federal food safety statutes and regulations and
the organizational structure of federal food safety
oversight. The report shall also address: the
effectiveness with which federal food safety
statutes and regulations protect public health and
ensure the food supply remains free from
contamination; the shortfalls, redundancies, and
inconsistencies in food safety statutes and
regulations; the application of resources among
federal food safety statutes and regulations; the
effectiveness and efficiency of the organizational
structure of federal food safety oversight; the
shortfalls, redundancies, and inconsistencies of
the organizational structure of federal food safety
oversight; and the merits of a unified, central
organizational structure of federal food safety
oversight.
Sec. 163. Exchange of Employees Between
Agencies and State or Local Governments.
(a) Findings.
(1) information sharing between governments is
vital to securing the homeland against terrorist
attacks;
(2) public employees working cooperatively can
learn from one another and resolve complex
issues;
(3) public employees have specialized knowledge
that should be consistently shared between and

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
among agencies at all levels of government; and
providing training and other support, such as
staffing to the appropriate agencies, can enhance
the ability of an agency to analyze and assess
threats against the homeland, develop appropriate
responses, and inform the U.S. public.
(b) Exchange of Employees.
The Secretary could provide for the exchange of
employees of the Department and State and local
agencies in accordance with 5 U.S.C. Chapter 33,
Subchapter VI.
The Secretary would ensure that any assigned
employee would have appropriate training or
experience to perform the work required by the
assignment and any assignment occurs under
conditions that appropriately safeguard classified
and other sensitive information.
[See Sec. 775. Equal Employment Opportunity
Sec. 164. Whistleblower Protection for Airport
and Whistleblower Protection.]
Security Screeners.
Amends the Aviation and Transportation Security
Act to extend whistleblower protection to
security screeners. The President may not
exclude security screeners from whistleblower
protection pursuant to his authority under section
2302(a)(2)(B)(ii) of Title 5, U.S. Code.
Sec. 165. Whistleblower Protection for Airport
Employees.
Amends section 42121(a) of Title 49, U.S. Code
to provide whistleblower protection to the
employees of additional airport employers. An
employer of airport screening personnel, other
than the federal government, including a state or
municipal government, an airport authority, or a
contractor of such government or airport
authority may not discharge or otherwise
discriminate against an employee who engages in
protected conduct. Similarly, an employer of
private screening personnel may not discharge or
otherwise discriminate against an employee who
engages in protected conduct.
Sec. 166. Bioterrorism Preparedness and
Response Division.
Amends current law to establish this new division
within CDC to lead and coordinate CDC

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CRS-86
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
counterterrorism activities and to train public
health personnel in counterterrorism. Transfers
to the division the Bioterrorism Preparedness and
Response Program, the Strategic National
Stockpile, and other activities as assigned by the
Director of the CDC. Requires that the Director
of the CDC consult with the Secretary of Health
and Human Services and the Secretary of
Homeland Security in appointing the division
Director. Permits assignment of personnel from
DHS to the division and vice versa.
Sec. 167. Coordination with the Department of
Health and Human Services under the
Public Health Service Act.
Sec. 168. Rail Security Enhancements.
Authorizes, for two years, for Amtrak: 1) $375
million to enhance the security and safety of
Amtrak passenger service; 2) $778 million for
life safety improvements to 6 Amtrak tunnels in
New York, the Baltimore and Potomac tunnel,
and the Union Station tunnels in Washington,
D.C.; and 3) $55 million for the emergency
repair, and returning to service of Amtrak
Passenger cars and locomotives. Amounts
Appropriated pursuant to the above are to remain
available until expended. Such funds are not to
be considered as authorizations under 49 U.S.C.,
subtitle V part C.
Sec. 169. Grants for Firefighting Personnel.
Authorizes grant funds for firefighting personnel.
Sec. 408. Annual assessment of terrorist-related
Sec. 170. Review of Transportation Security
threats to public transportation
Enhancements. Requires the Comptroller
Requires the Secretary, in consultation with the
General to conduct a detailed, comprehensive
heads of other appropriate federal departments
study that shall: review all available intelligence
and agencies, to conduct an assessment of
on terrorist threats against aviation, seaport, rail,
terrorist-related threats to all forms of public
and transit facilities; review all available
transportation, including gathering places related
information on vulnerabilities at such facilities;
to public transportation.
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

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CRS-87
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
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 and, to the extent
possible, the cost of implementing the steps. Not
later than 90 days after receipt, the Secretary of
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. See also Sec. 301.
Sec. 171. Interoperability of Information
Systems. Requires the Director of OMB, in
consultation with the Secretary of DHS and
affected entities, to develop a comprehensive
enterprise architecture for information systems,
including communications systems, to achieve
interoperability between and among information
systems of agencies with responsibility for
homeland security; to establish schedules for
development and implementation of this
enterprise structure; and to coordinate, oversee
and evaluate management and acquisition of
necessary information technology to accomplish
this task. Also mandates that the Director of
OMB develop a plan for interoperability between
information systems of those agencies and those
of state and local agencies with homeland
security responsibilities. Requires agency
cooperation with the Director in development of
the comprehensive enterprise architecture and in
management and acquisition of compatible
information technology. Sets forth criteria for the
enterprise structure, requires consultation by the
Director with public and private information
systems management experts in development and
implementation of the structure and plan, and
mandates that the Director report to Congress on
this development and implementation. The OMB
Director, in consultation with the Secretary, is
also charged with responsibility for updating this
enterprise structure. Primary responsibility for
carrying out the Director’s duties under this
section is to be vested in a principal officer of
OMB designated by the Director with the
approval of the President.

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
H.R. 5005, Title VII, Subtitle H —
Information Sharing.
Sec. 790. Short Title. The short title of this
subtitle is the “Homeland Security Information
Sharing Act.”
Sec. 791. Findings and Sense of Congress.
(a) Recognizes federal reliance upon state and
local personnel in protecting against terrorist
attack and emphasizes the importance of
reconciling state and local need for access to
relevant homeland security information to combat
terrorism with the need to preserve the protected
status of such information and to protect the
sources and methods used to acquire that
information.
(b) Expresses the sense of Congress that “Federal,
State, and local entities should share homeland
security information to the maximum extent
practicable with special emphasis on hard-to-
reach urban and rural communities.”
Sec. 792. Facilitating Homeland Security
No parallel provision, but information access,
Information Sharing Procedures.
dissemination, and sharing are touched upon to
(a) The President is directed to prescribe and
some extent in Sec. 102(b), regarding
implement procedures applicable to all federal
responsibilities of the Secretary of Homeland
agencies to share relevant, appropriate homeland
Security; Sec. 104, regarding responsibilities of
security information between federal agencies,
the Under Secretary for Management; Sec.
including the Department of Homeland Security,
106(d)(2), regarding access by the Inspector
and with appropriate state and local personnel; to
General of DHA to sensitive information; Sec.
identify and safeguard sensitive, unclassified
113(b)(1), regarding responsibilities of the
homeland security information; to determine
Director of the Office of International Affairs;
whether, how, and to what extent to remove
Sec. 132, regarding creation, responsibilities, and
classified homeland security information, as
access to information for the Directorate of
appropriate, and to determine with whom such
Central Intelligence; Sec. 133(b) regarding
homeland security information should be shared
responsibilities of the Directorate of Critical
after such classified information is removed.
Infrastructure Protection; Sec. 137(b), regarding
The procedures shall neither change substantive
responsibilities of the Office for State and Local
requirements for classification and safeguarding
Government; Sec. 152, regarding national
classified information, nor requirements and
emergency preparedness information and
authorities for protecting sources and methods.
education; Sec. 163, regarding exchange of
employees between agencies and state or local
governments; Sec. 170, regarding review of
transportation security enhancements; Sec. 171,
regarding interoperability of information systems
developed by the Director of OMB in

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CRS-89
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
consultation with the Secretary of DHS and
affected entities; Sec. 198, dealing with
protection of voluntarily furnished information on
vulnerability of and threats to critical
infrastructure; Sec. 301, regarding development
of a National Strategy for Combatting Terrorism
and Homeland Security Response; and Sec.
303(e), regarding access to information from
federal agencies for the National Combating
Terrorism Strategy Panel.
Sec. 792(b)
(1)sets the requirements and parameters for the
procedures for sharing of homeland security
information together with assessments of
credibility of such information.
(2) Information sharing systems shall have the
capacity to transmit classified and unclassified
information; to restrict delivery of information by
location, type of organization, position of
recipient, and recipient’s need to know; to allow
efficient and effective sharing of information, and
to be accessible to appropriate state and local
personnel.
(3) The procedures will establish the conditions
in which shared information may be used to limit
redissemination so that the information is not
used for an unauthorized purpose; to ensure its
security and confidentiality; to protect
constitutional and statutory rights of those who
are the subjects of the information; and to provide
data integrity.
(4) The information sharing procedures, to the
greatest extent practicable, are to ensure inclusion
of existing information sharing systems.
(5) Each appropriate federal agency, as
determined by the President, shall have access to
each information sharing system and all shared
information, as appropriate.
(6) Appropriate state and local personnel are
authorized to use such information sharing
systems, to access the information; and to share
appropriately marked homeland security
information from their own jurisdictions with
others authorized to have access to such systems.
(7) Under procedures jointly prescribed by the
Attorney General and the Director of Central

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CRS-90
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Intelligence ( DCI), each federal agency as
determined by the President, shall review and
assess shared information and integrate it with
existing information.
Sec. 792(c) Directs the President to prescribe
procedures for the sharing of classified
information and sensitive but unclassified
information with appropriate state and local
personnel and expresses the sense of Congress as
to some means that may be included in such
regulations.
Sec. 792(d) Requires the head of each affected
federal agency to designate an official to
administer this Act with respect to each
respective agency.
Sec. 792(e) Mandates that information obtained
from a federal agency by a state or local
government remain under the control of that
federal agency, notwithstanding state or local
disclosure laws.
Sec. 792(f) Defines terms as used in Sec. 792.
Sec. 792(g) Articulates a rule of construction, that
nothing in this Act is to be construed to authorize
a federal entity, officer, or employee, to request,
receive, or transmit, in violation of statutory
confidentiality constraints, information collected
solely for statistical purposes to any other
federal, state, or local entity or personnel.
Sec. 793. Report.
Requires the President to report on the
implementation of Sec. 792 to the House
Permanent Select Committee on Intelligence, the
House Judiciary Committee, the Senate Select
Committee on Intelligence and the Senate
Judiciary Committee within 12 months of the
date of enactment of the Act.
Sec. 794. Authorization of Appropriations.
Authorizes to be appropriated such sums as are
necessary to carry out Sec. 792.
Sec. 795. Authority to Share Grand Jury
Information.

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CRS-91
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Sec. 795(1) Amends Rule 6(e)(2) of the Federal
Rules of Criminal Procedure (dealing with grand
jury secrecy) to permit a knowing violation of
Rule 6 or of guidelines jointly issued by the
Attorney General and the DCI pursuant to Rule 6,
to be punished as a contempt of court.
Sec. 795(2) Amends Rule 6(e)(3)(A)(ii) (dealing
with exceptions to grand jury secrecy) to permit
otherwise prohibited disclosure of matters
occurring before the grand jury to personnel of a
foreign government as deemed necessary by an
attorney for the government to assist an attorney
for the government in the performance of such
attorney’s duty to enforce criminal law. It also
amends Rule 6(e)(3)(C)(i)(I) to permit otherwise
prohibited disclosure of matters occurring before
the grand jury, upon request by an attorney for the
government, when sought by a foreign court or
prosecutor for use in an official criminal
investigation. Rule 6(e)(3)(C)(i)(IV) is amended
to permit such otherwise prohibited disclosure
when permitted by a court at the request of an
attorney for the government, upon a showing that
such matters may disclose a violation of foreign
criminal law to an appropriate official of a
foreign government. It adds a new subsection
(VI) to Rule 6(e)(3)(C)(i), which permits
otherwise prohibited disclosure of matters
occurring before the grand jury “when matters
involve a threat of actual or potential attack or
other grave hostile acts of a foreign power or an
agent of a foreign power, domestic or
international sabotage, domestic or international
terrorism, or clandestine intelligence gathering
activities by an intelligence service or network of
a foreign power or by an agent of a foreign power
. . . to any appropriate federal, state, local or
foreign government official for the purpose of
preventing or responding to such threat.” It
expands the application of Rule 6(e)(3)(C)(iii),
which, in pertinent part, restricts use of grand jury
information received pursuant to Rule
6(e)(3)(C)(i)(V) (when matters involve foreign
intelligence, counterintelligence, or foreign
intelligence information) or (VI). Under the
amended language, “any official” receiving such

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CRS-92
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
information must use it only in official duties,
subject to any limitations on unauthorized
disclosure. Requires any official receiving
information under subsection (VI) to use the
information consistent with guidelines jointly
issued by the DCI and the Attorney General.
Sec. 796. Authority to Share Electronic, Wire,
and Oral Interception Information.
Amends 18 U.S.C. § 2517 (authorization for
disclosure and use of wire, oral or electronic
communications intercepted for law enforcement
purposes) to add two new subsections.
New subsection 2517(7) permits any
investigative or law enforcement officer or other
federal official obtaining such information as part
of his or her official duties to disclose the
contents of the wire, oral or electronic
communication or evidence derived therefrom to
any foreign investigative or law enforcement
officer to the extent appropriate to the proper
performance of the official duties of the officer
disclosing or receiving the disclosure. It also
authorizes the foreign investigative or law
enforcement officers to use or disclose such
contents or derivative evidence as is appropriate
to the proper performance of their official duties.
New subsection 2517(8) similarly authorizes
disclosure of contents or derivative evidence to
any appropriate federal, state, local, or foreign
official to the extent that the information
disclosed reveals threat of actual or potential
attack or other grave hostile act by a foreign
power or an agent of a foreign power, domestic or
international sabotage, domestic or international
terrorism, or clandestine intelligence gathering
activities by a foreign power or an agent of a
foreign power to prevent or respond to such a
threat. Information so disclosed may only be
used for official duties, subject to any limitations
on its unauthorized disclosure, and state, local or
foreign officials may only use it consistent with
such guidelines at the DCI and the Attorney
General jointly shall issue.
Sec. 797. Foreign Intelligence Information.
(a) Amends 50 U.S.C. § 403-5d (Section

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CRS-93
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
203(d)(1) of the USA PATRIOT Act, P.L. 107-
56), consistent with the responsibility of the DCI
to protect intelligence sources and methods and
of the Attorney General to protect sensitive law
enforcement information, to permit disclosure of
information revealing a threat of actual or
potential attack or other grave hostile acts of a
foreign power or an agent of a foreign power,
domestic or international sabotage, domestic or
international terrorism, or clandestine intelligence
activities of a foreign power or agent of a foreign
power obtained as a part of a criminal
investigation to be disclosed to appropriate
federal state, local or foreign government
officials to prevent or respond to that threat.
Those receiving such information must use it for
official duties, subject to any limitations on
unauthorized disclosure and any state, local or
foreign official receiving such information must
use it in a manner consistent with any guidelines
that the DCI and the Attorney General shall
jointly issue.
(b) Makes conforming amendments to Section
203(c) of the USA PATRIOT Act, which directs
the Attorney General to establish procedures for
disclosure of certain information that identifies
U.S. persons.
Sec. 798. Information Acquired from an
Electronic Surveillance.
Amends the Foreign Intelligence Surveillance Act
(FISA), Section 106(k)(1), 50 U.S.C.
§1806(k)(1), to permit federal officers conducting
electronic surveillance under FISA to consult
with federal, state, or local law enforcement
personnel (including the chief executive officer of
that state or political subdivision with authority to
appoint the chief law enforcement officer of that
state or political subdivision) to coordinate efforts
to investigate or protect against actual or potential
attack or other grave hostile acts of a foreign
power or an agent of a foreign power; sabotage or
international terrorism by a foreign power or an
agent of a foreign power; or clandestine
intelligence activities by an intelligence service or
network of a foreign power or by an agent of a
foreign power.

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CRS-94
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Sec. 799. Information Acquired from a Physical
Search.
Amends section 305(k)(1) of FISA, 50 U.S.C.
§1825(k)(1), to permit federal officers conducting
physical searches under FISA to consult with
federal, state, or local law enforcement personnel
(including the chief executive officer of that state
or political subdivision with authority to appoint
or direct the chief law enforcement officer of that
state or political subdivision) to coordinate
efforts to investigate or protect against actual or
potential attack or other grave hostile acts of a
foreign power or an agent of a foreign power;
sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
clandestine intelligence activities by an
intelligence service or network of a foreign power
or agent of a foreign power.

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CRS-95
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
H.R. 5005, Title VIII – Transition
S. 2452, Title I, Subtitle E – Transition
Provisions.
H.R. 5005, Title VIII, Subtitle A –
Reorganization Plan.
Sec. 801. Definitions:
Sec. 181. Definitions:
agency–includes any entity, organizational unit,
agency–includes any entity, organizational unit,
program, or function
or function transferred or to be transferred under
transition period–means the 12-month period
this title
beginning on the effective date of this Act.
transition period–means the 1-year period
beginning on the effective date of the Act
Sec. 802. Reorganization Plan.
Requires the President, not later than 60 days
after the date of the enactment of this act, to
transmit to the appropriate congressional
committees a reorganization plan regarding the
transfer of agencies, personnel, assets, and
obligations to DHS pursuant to this act; any
consolidation, reorganization, or streamlining of
agencies transferred to DHS pursuant to this act;
and containing, in addition to such elements as
the President deems appropriate, certain details
required by this act. The President, in
consultation with appropriate congressional
committees, may modify or revise any part of the
plan prior to it becoming effective, which shall
occur for an agency on the date specified in the
plan or the end of the transition period, whichever
is earlier.
Sec. 182. Transfer of Agencies.
Specifies that the transfer of an agency to DHS,
as authorized by this title, shall occur when the
President so directs, but in no event later than the
end of the transition period.
H.R. 5005, Title VIII, Subtitle
B–Transitional Provisions.
Sec. 811. Transitional authorities
Sec. 183. Transitional Authorities
Sec. 811(a) Provision of Assistance by Officials.
Sec. 183(a) Provision of Assistance by Officials.
Until the transfer of an agency to the Department,
Until an agency is transferred to the Department,
any official having authority over or functions
any official having authority over, or functions
relating to the agency immediately before the
relating to, the agency immediately before the
effective date of this Act shall provide to the
effective date of this division would provide to
Secretary such assistance, including the use of
the Secretary such assistance, including the use of

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CRS-96
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
personnel and assets, as the Secretary may request
personnel and assets, as the Secretary may
in preparing for the transfer and integration of the
reasonably request in preparing for the transfer
agency into the Department.
and integration of the agency into the
Department.
Sec. 811(b) Services and Personnel.
Sec. 183(b) Services and Personnel.
During the transition period, upon the request of
During the transition period, upon the request of
the Secretary, the head of any executive agency
the Secretary, the head of any agency being
could, on a reimbursable basis, provide services
transferred shall provide assistance described in
or detail personnel to assist with the transition
(a). Other agency heads may, on a reimbursable
basis, provide services and detail personnel to
assist with the transition.
Sec. 811(c). Transfer of Funds. Authorizes the
President to transfer to the Secretary a portion of
an agency’s appropriations during the period
before the agency is transferred to the DHS,
subject to 15 days’ notice being given to the
House and Senate Appropriations Committees.
A transfer for administrative expenses related to
establishing the DHS may not exceed 2% of the
available appropriation (enacted before October
1, 2002), and a transfer for purposes for which
the funds originally were provided may not
exceed 3% of the available appropriation.
Sec. 811(d) Acting Officials.
Sec. 183(c) Acting Officials.
The Secretary may appoint an officer, already
Authorizes the President to designate a
confirmed, to serve in an office requiring
confirmed officer of an agency transferred by this
confirmation, pending confirmation of an
act as an acting official of the transferred agency.
appointee. The person may be paid at the higher
The person may be paid at the higher rate of the
rate of the office held or the office in which
office held or the office in which he/she is acting.
he/she is acting.
5 U.S.C. 3346 governs the time period for such
service.
Nothing in this act shall be understood to require
the advice and consent of the Senate to the
Sec. 183(d) Exception to Advice and Consent
appointment by the President to a position in the
Requirements.
department of any officer whose agency is
Specifies that nothing in the act shall be
transferred to the department pursuant to this act
understood to require the advice and consent of
and whose duties following such transfer are
the Senate to the appointment by the President to
germane to those performed before such transfer.
a position in the department of any confirmed
officer whose agency is transferred to the
department and whose duties following such
transfer are equivalent to those performed before
such transfer.
Sec. 811(e). Transfer of Personnel, Assets,
Sec. 186. Transfer and Allocation.

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CRS-97
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Obligations, and Functions.
Provides for the transfer to the Secretary of
Sec. 811(e)(1). Transfers the personnel, assets
personnel, assets (including appropriations), and
(including appropriations), and obligations of an
related items associated with functions and
agency upon the agency’s transfer to the DHS.
entities transferred to the DHS, subject to the
Any such transfer of appropriations (except for
approval of the OMB Director and the
those transferred under Section 763(b)) and
requirements of 31 U.S.C. 1531. Further states
related items is subject to approval by the OMB
that unexpended funds transferred under this
Director and the requirement in 31 U.S.C.
authority shall be used only for the purposes for
1531(a)(2) that the appropriation be used only for
which the funds were originally “authorized and
the purpose for which it originally was made.
appropriated.”
[Note: assets (including appropriations) and
Sec. 189. Use of Appropriated Funds.
related items for specific entities not part of the
Provides that balances of appropriations and any
DHS are transferred in other provisions of the
other funds or assets transferred under this act
act.]
shall be used only for the purposes for which they
were originally made available, shall remain
subject to the original conditions and limitations
of use, and shall not be used to fund any new
position, except as provided for in an annual
appropriations act. Requires 15 days’ notification
by the President to the House and Senate
Appropriations Committees before a transfer of
funds can be made. Transferred funds may be
used for other purposes only to the extent
specifically provided for in annual appropriations
act. In exercising the authority to dispose of
property under this act, the Secretary must
comply with section 204 of the Federal Property
and Administrative Services Act of 1949 (40
U.S.C. 485) and deposit the proceeds therefrom
into the Treasury in accordance with 31 U.S.C.
3302(b). Gifts may only be accepted or used as
provided for in annual appropriations acts. The
President is directed to submit a detailed budget
request for DHS in his FY2004 budget.
[Note: assets (including appropriations) and
related items for specific entities not part of the
DHS are transferred in other provisions of the
act.]
Sec. 811(e)(2) The Secretary shall have all
functions relating to the agency that any other
official could by law exercise in relation to the
agency immediately before such transfer, and
shall have in addition all functions vested in the
Secretary by this act or any other law.

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CRS-98
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Sec. 811(f) Prohibits any funds derived from any
of four designated transportation trust funds
(Highway Trust Fund, Airport and Airway Trust
Fund, Inland Waterway Trust Fund, or Harbor
Maintenance Trust Fund) to be transferred to,
made available to, or obligated by the Secretary
or any other official of the Department of
Homeland Security. Exempts from the
prohibition security-related funds provided to the
FAA for fiscal years prior to FY2003 for the
operations, facilities & equipment, or research,
engineering & development accounts. (AIP funds
are not exempted.)
Sec. 812. Savings provisions.
Sec. 187. Savings provisions.
Sec. 812(a). Completed Administrative Actions.
Sec. 187(a). Continuing Effect of Legal
An agency’s personnel actions, agreements, and
Documents.
contracts shall not be affected by the enactment
Continues in effect all orders, determinations,
of the Homeland Security Act of 2002 or by the
rules, regulations, permits, agreements, grants,
transfer of such agency to the Department of
contracts, recognitions of labor organizations,
Homeland Security, but shall continue in effect
collective bargaining agreements, certificates,
until amended, modified, superseded, terminated,
licenses, registrations, privileges, and other
set aside, or revoked in accordance with law by
administrative actions issued, made, granted, or
an officer of the United States, a court of
allowed to become effective by the President, any
competent jurisdiction, or by operation of law.
federal agency or official thereof, or by a court of
competent jurisdiction in the performance of
functions transferred by this title and which are in
effect at the time this division takes effect or were
final before the effective date of this division and
are to become effective on or after the effective
date of this division, until modified, terminated,
superseded, set aside or revoked by law.
All recognitions of labor organizations and
collective bargaining agreements in effect at the
time Division A of the Act takes effect shall
continue to be enforced in accordance with their
terms until modified, terminated, superseded, set
aside, or revoked in accordance with law by the
President, Secretary of DHS, other authorized
official, court of competent jurisdiction, or by
operation of law.
Sec. 812(b) Pending Proceedings.
Sec. 187(b) Proceedings Not Affected.
Specifies that pending proceedings, and orders
Specifies that the provisions of this title shall not
issued and appeals therefrom, shall continue
affect any proceedings pending before an agency
unless discontinued or modified under the same
at the time this title takes effect, with respect to

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CRS-99
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
terms and conditions and to the same extent that
functions transferred by this title.
such discontinuance could have occurred if the
enactment of this act or the transfer of the agency
to DHS had not occurred.
Sec. 812(c) Pending Civil Actions.
Sec. 187(c) Suits Not Affected.
Specifies that, in pending civil actions,
Specifies that, in pending civil actions,
proceedings shall be had, appeals taken, and
proceedings shall be had, appeals taken, and
judgments rendered and enforced in the same
judgments rendered and enforced in the same
manner and with the same effect as if the
manner and with the same effect as if this title
enactment of this act or the transfer of the agency
had not been enacted.
to DHS had not occurred.
Sec. 812(d) References.
Specifies that references to an agency that is
transferred to DHS in legal instruments that
precede such transfer or the effective date of this
act shall be deemed to refer to DHS, or its
officers, employees, or agents, or to its
corresponding organizational units or functions.
Statutory reporting requirements continue to
apply if they refer to the agency by name.
Sec. 187(d) Nonabatement of Actions.
Specifies that no suit, action, or other proceeding
commenced by or against an agency, or by or
against an officer of an agency, shall abate by
reason of enactment of this title.
Sec. 187(e) Administrative Actions Relating to
Promulgation of Regulations.
Specifies that any administrative action relating
to the preparation or promulgation of a regulation
by an agency relating to a function transferred
under this title may be continued by DHS with
the same effect as if this title had not been
enacted
Sec. 812(e) Employment Provisions
Sec. 187(f) Employment and Personnel
Sec. 812(e)(1). Adoption of existing rules,
procedures, terms, and conditions.
The Secretary of Homeland Security may, in
regulations prescribed jointly with the Director of
the Office of Personnel Management, adopt the
rules, procedures, terms, and conditions,
established by statute, rule, or regulation before
the effective date of the Homeland Security Act

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CRS-100
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
of 2002, relating to employment in any agency
transferred to the Department of Homeland
Security pursuant to the Act.
Sec. 187(f)(1) Employee rights.
(A) Transferred agencies will retain their
coverage under chapter 71 of title 5 and shall not
be excluded as a result of any order issued under
5 U.S.C. 7103(b)(1), after July 19, 2002.
(B) Transferred employees shall not be excluded
from chapter 71 coverage except if the duties are
materially changed and the job duty has
significant relationship to national security.
(C) Persons performing transferred functions
shall not be excluded unless, prior to the transfer,
the function was being carried out by an
employees who was excluded.
.
Sec. 187(f)(1)(D) Other Agencies, Employees,
and Functions.
(i). Exclusion from ability to bargain
collectively: other agencies.
A subdivision of the DHS shall not be excluded
from coverage under chapter 71 of title 5, U.S.
Code, unless the subdivision has a primary
function of intelligence, counterintelligence, or
investigative duties directly related to terrorism
investigation, and the provisions of chapter 71
cannot be applied in a manner consistent with
national security. [This provision appears to
apply to new subdivisions created by the Act and
not to agencies transferred to the new
department.]
Sec. 187(f)(1)(E) Prior Exclusion
Subsections (A) through (D) do not apply to any
part of any organization transferred, which had
been excluded prior to July 19, 2002.
Sec. 812(e)(2). Terms and conditions of
Sec. 187(f)(2). Terms and conditions of
employment.
employment.
Except as otherwise provided in the Act, the
The transfer of an employee to the department
transfer of personnel shall not alter the terms and
shall not alter the terms and conditions of
conditions of employment, including
employment, including compensation, of any
compensation, of any employee so transferred.
employee so transferred.
Sec. 187(f)(3) Conditions and Criteria for
Appointment

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CRS-101
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Any qualifications, conditions, or criteria
required by law for appointments to a position in
an agency, or subdivision thereof, transferred to
the department under this title, including a
requirement that an appointment be made by the
President, by and with the advice and consent of
the Senate, shall continue to apply with respect to
any appointment to the position made after such
transfer to the department has occurred.
[Sec. 775. Requirement to comply with laws
Sec. 187(f)(4). Whistleblower protection. The
protecting equal employment opportunity and
President may not exclude any position
providing whistleblower protections.
transferred to the department as a covered
Nothing in the Act shall be construed as
position under section 2302(a)(2)(B)(ii) of title 5,
exempting the department from requirements
U.S. Code (positions not protected from
applicable to executive agencies to provide equal
discrimination and whistleblower protection), to
employment or whistleblower protection for
the extent that such exclusion subject to that
employees of the department.]
authority was made before the Act’s date of
enactment. [This section appears to provide
protection from discrimination, as well as
protection from whistleblower retaliation.]
Sec. 813. Terminations.
Except as otherwise provided in this act,
whenever all the functions vested by law in any
agency have been transferred pursuant to this act,
each position and office the incumbent of which
was authorized to receive compensation at the
rates prescribed for an office or position at
Executive Schedule level II, III, IV, or V, shall
terminate.
Sec. 184. Incidental Transfers.
Sec. 184(a). Instructs the OMB Director, in
consultation with the Secretary, to make such
“additional incidental dispositions” of personnel,
assets (including appropriations), and liabilities
associated with functions transferred under this
title, as he may determine necessary to
accomplish the purposes of this title.
Sec. 184(b) At time of transfer President may
also transfer any related agency established to
carry out or support adjudicatory or review
functions in relation to the transferred agency.
The Executive Office of Immigration Review is
expressly excepted from this transfer authority

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CRS-102
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Sec. 814. Specifies that nothing in this act shall
be construed to authorize the development of a
national identification system or card.
Sec. 815. Continuity of Inspector General
Oversight.
Notwithstanding the transfer of an agency to the
DHS pursuant to this Act, the IG that exercised
oversight of the agency prior to the transfer of the
agency to the Department of Homeland Security
shall continue to exercise oversight of such
agency during the period of time, if any, between
the transfer of the agency to the Department and
the appointment of the IG of the Department of
Homeland Security in accordance with Sec.
103(b) of this Act.
Sec. 816. Reference
Specifies that, with respect to any function
transferred by or under this act and exercised on
or after the effective date of this act, reference in
any other federal law to any department,
commission, or agency, or any officer or office so
transferred to DHS shall be deemed to refer to the
Secretary, other official, or component of DHS to
which such function is so transferred.
Sec. 185. Implementation progress reports and
legislative recommendations.
Requires the Secretary, in consultation with the
President, to prepare implementation progress
reports to be submitted to the President of the
Senate and the Speaker of the House for referral
to appropriate committees and to the Comptroller
General on an initial, semiannual, and final basis,
the last occurring when all transfers to DHS have
been completed. Each report shall indicate the
progress made in implementing this division,
including fulfillment of the functions transferred
under this title and certain information specified
for inclusion.
Requires the Secretary, after consultation with
the appropriate congressional committees, to also
include in the report recommendations for
legislation that the Secretary determines would,
among other considerations, facilitate the
integration of transferred entities and functions

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CRS-103
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
into the department and otherwise further the
mission of DHS.
Sec. 188. Transition plan
Requires the President, by September 15, 2002,
to send Congress a transition plan which includes
a detailed plan for the transition to DHS and
implementation of titles I, II, and III and division
B. It must also include a proposal for the
financing of those operations and needs of DHS
that do not represent solely the continuation of
functions for which appropriations already are
available. The financing proposal may consist of
any combination of specific appropriations
transfers, specific reprogrammings, and new
specific appropriations as the President considers
advisable.

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CRS-104
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
H.R. 5005, Title IX–Conforming
and Technical Amendments
Sec. 901. Inspector General Act of 1978
Sec. 106(b). Inspector General Act of 1978
Inserts the department in the listing of subject
Inserts the department in the listing of subject
agencies having an inspector general.
agencies having an inspector general.
Sec. 902 Provides that appointed officials will be
Sec. 114 Provides that Secretary will be
compensated on the Executive Schedule as
compensated at Executive Schedule Level I, the
follows:
Deputy at Level II, the Under Secretary of
Management at Level III, and the Assistant
Secretary: Level I
Secretaries of Homeland Security, the Inspector
Deputy Secretary: Level II
General, the Chief Financial Officer, the Chief
Under Secretaries: Level III
Information Officer, and the General Counsel at
Assistant Secretaries, General Counsel, Chief
Level IV.
Financial Officer, Chief Information Officer, and
Inspector General: Level IV
Sec. 140 Provides that each Under Secretary
except the Under Secretary for Management will
be compensated at Level III of the Executive
Schedule.
Sec. 1103 Provides that the “‘Under Secretary of
Immigration Affairs, Department of Justice’” will
be compensated at Executive Schedule Level III.
[No provision for the creation of this position.]
Sec. 903. United States Secret Service
Amends statutes to place the service in DHS
instead of Treasury. The amendments take effect
on the date of the transfer.
Sec. 904. Coast Guard.
This section includes a series of technical
amendments generally substituting the
Department of Homeland Security in U.S. Code
references pertaining to the Coast Guard which
currently name the Department of Transportation.
Sec. 905. Strategic National Stockpile and
smallpox vaccine development
Amends the Bioterrorism Preparedness and
Response Act of 2002 to conform with transfers
made under Sec. 502(6).
Sec. 906. Transfer of Certain Security and Law
Enforcement Functions and Authorities.

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CRS-105
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Sec. 906(a) repeals Sec. 210(a)(2) of the Federal
Property and Administrative Services Act of 1949
(40 U.S.C. 490(a)(2)).
Sec. 906(b) provides that the Act of 1948 (40
U.S.C. §§ 318-318d) is amended and that the Act
may be cited as the “Protection of Public Property
Act.”
Under the new section 2(b) “Law Enforcement
Authority of Secretary of Homeland Security for
Protection of Public Property” of this amended
Act, the bill provides that the Secretary of DHS
may designate employees of the DHS, including
employees transferred to the DHS, as officers and
agents for duty in connection with the protection
of property owned or occupied by the federal
government and persons on the property,
including duty in areas outside the property to the
extent necessary to protect the property and
persons on the property.
While engaged in the performance of official
duties, an officer or agent designated under this
subsection may:
-
enforce federal laws and regulations for the
protection of person and property;
-
carry firearms;
-
make arrests without warrant for any offense
against the U.S. committed in the presence
of the officer or agent or for any felony
cognizable under the laws of the U.S. if the
officer or agent has reasonable grounds to
believe that the person to be arrested has
committed or is committing a felony;
-
serve warrants and subpoenas issued under
the authority of the U.S.;
S
conduct investigations, on and off the
property in question, of offenses that may
have been committed against property
owned or occupied by the federal
government or persons on the property;
-
carry out other activities for the promotion
of homeland security as the Secretary may
prescribe.
Sec. 907. Transportation security regulations.
Modifies the review by the Transportation

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CRS-106
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Security Oversight Board of regulations imposed
under emergency procedures, by specifying that
any security directive or regulation issued under
these procedures shall remain effective only for
30 days unless ratified or disapproved by the
board or rescinded by the Under Secretary.
Sec. 908. Railroad Security Laws.
This provision adds security to existing railroad
safety activities carried out by the states under
annual federal certification. The Secretary of
Homeland Security is to join the Secretary of
Transportation in prescribing the investigative
and surveillance activities necessary to enforce
the safety regulations (which now include
security) prescribed and orders issued by the
Secretary of Transportation or the Secretary of
Homeland Security, that apply to railroad
equipment, facilities, rolling stock, and
operations within a state.
Sec. 909. Office of Science and Technology
Policy.
Conforming and technical amendments to the
National Science and Technology Policy
Organization, and Priorities Act of 1976.
Sec. 910. National Oceanographic Partnership
Program.
Adds the Under Secretary for Science and
Technology, and any other federal officials
designated by the council, to the National Ocean
Research Leadership Council.
Sec. 911. Chief Financial Officer
Conforming and technical amendment to Sec.
901(b)(1) of 31U.S.C. to add DHS to the list of
agencies covered by the CFO Act of 1990.
Sec. 912. Chief Information Officer.
Conforming and technical amendments to the
Clinger-Cohen Act and to title 44 of the U.S.
Code.

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CRS-107
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
H.R. 5005, Title X - National
Homeland Security Council
Sec. 1001. National Homeland Security Council.
Establishes within the Executive Office of the
President a council to be known as the Homeland
Security Council (HSC).
Sec. 1002. Function.
Specifies that the function of HSC shall be to
advise the President on homeland security
matters.
Sec. 1003. Membership.
Specifies that the members of HSC shall be the
President, Vice President, Secretary of Homeland
Security, Attorney General, Secretary of Health
and Human Services, Director of Central
Intelligence, Secretary of Defense, Secretary of
the Treasury, Secretary of State, Secretary of
Energy, Secretary of Agriculture, and such other
individuals as may be designated by the
President.
Sec. 1004. Other Functions and Activities.
Specifies that, for the purpose of more effectively
coordinating the policies and functions of the
federal government relating to homeland security,
HSC shall assess the objectives, commitments,
and risks of the U.S. in the interest of homeland
security and make resulting recommendations to
the President; oversee and review homeland
security policies of the federal government and
make resulting recommendations to the President;
and perform such other functions as the President
may direct.
Sec. 1005. Homeland Security Budget.
Requires the Director of the Office of
Management and Budget to prepare a federal
homeland security budget as part of the
President’s annual budget submission to
Congress.
Sec. 1006. Staff Composition.
Specifies that HSC shall have a staff, the head of

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CRS-108
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
which shall be a civilian Executive Secretary,
who shall be appointed by the President.
Authorizes the President to fix the pay of the
executive Secretary at a rate not to exceed the rate
of pay payable to the Executive Secretary of the
National Security Council.
Sec. 1007. Relation to the National Security
Council
Authorizes the President to convene joint
meetings of HSC and the National Security
Council with participation by members of either
council or as the President may otherwise direct.

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CRS-109
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
H.R. 5005, Title XI —
Information Security
Sec. 1101. Information Security.
Section 1101(a) Short Title.
Federal Information Security Management Act of
2002
Section 1101(b) Information Security.
(There is no comparable provision in the Senate
Rewrites subchapter II of chapter 35 of title 44
bill. However, S. 803, Title III, repeals the
USC as follows:
expiration date [September 30, 2002] of
subchapter II chapter 35 title 44 USC., which the
House version rewrites)
§3531 Purposes.
Lists the purposes of the subchapter: provide
comprehensive framework for securing federal
information resources; provide effective
governmentwide management and oversight of
related security risks, involving coordination of
security efforts in the civilian, national security,
and law enforcement communities; provide for
minimum security controls; improve oversight of
federal agency information security programs;
acknowledge commercially developed security
products; and, recognize that individual agencies
should select specific technical solutions from
commercially available products.
§3532 Definitions.
§3532(a) In General.
Except as provided in section (b), definitions in
section 3502 shall apply
§3532 (b) Additional definitions:
information security; national security system;
information technology; and information system
§3533 Authority and Functions of the Director.
§3533(a) Director [OMB] shall oversee agency
information security policies and practices by:
promulgating information security standards
under 15 U.S.C. 278g-3 with agencies operating
or controlling national security systems;

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CRS-110
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
overseeing implementation; requiring agencies to
provide security commensurate with risks;
coordinating development of standards;
overseeing agency compliance with this
subchapter; reviewing at least annually and
approve or disapprove agency security programs;
coordinating security policy with other
information resource management policy; and,
reporting to Congress annually on agency
compliance with this subchapter.
§3533(b) Except for coordinating development of
security standards and coordinating security
policies with other information resource
management policy, the authorities in this section
shall not apply to national security systems.
§3534 Federal Agency Responsibilities.
§3534(a) Agency heads shall: provide
information security protections commensurate
with risks, comply with requirements of this
subchapter, and ensure information security is
integrated with agency strategic and operational
plans; ensure senior agency officials assess the
risks, determine the appropriate level of security,
implement policies cost effectively to reduce risk
to an acceptable level, and periodically test
security controls for effectiveness; delegate
authority to ensure agency compliance to agency
Chief Information Officer (CIO) or comparable
official in agencies without CIOs; ensure agency
has sufficient trained security personnel; and,
ensure CIO reports annually to agency head on
effectiveness of agency information security
program, including progress in remedial actions.
§3534(b) Each agency shall develop, document,
and implement an agencywide information
security program approved by the Director under
Sec. 3533(a)(5). Program shall include: periodic
risk assessments; policies and procedures that
cost effectively reduce risk to acceptable levels,
and address security throughout the life cycle of
each information system; security awareness
training; periodic testing and evaluation of the
effectiveness of information security program at

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CRS-111
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
least annually; process for remedial actions;
procedures for detecting and reporting security
incidents; plans for ensuring continuity of
operations.
§3534(c) Each agency shall: report annually to
the Director [OMB], selected Congressional
committees, and the Comptroller General on the
adequacy and effectiveness of security programs
and compliance with this subchapter; address
security issues in annual agency budgets,
information resources management, among
others; and, report any security program
deficiencies in reporting requirements pursuant to
31 U.S.C. 3512 and the note to that section.
§3534(d) In addition each agency shall: include
the time and resources needed to implement its
information security program in its annual
performance plan and notify the public of any
changes in information security policy that affect
communications with the public.
§3535 Annual Independent Evaluation.
§3535(a) Each year each agency shall have
performed an independent evaluation of the
agency’s information security program.
§3535(b) For each agency with an Inspector
General appointed under the 1978 Act, the annual
evaluation shall be performed by the Inspector
General or by an independent external auditor as
determined by the Inspector General. For
agencies without an Inspector General appointed
under the 1978 Act, the head of the agency shall
engage an independent external auditor.
§3535(c) For agencies operating or controlling
national security systems, the annual evaluation
of those systems shall be performed only by an
entity designated by the agency head in a manner
to protect the system in accordance with
applicable laws.
§3535(d) The evaluation shall conform with
accepted auditing standards.
§3535(e) Each year the agency head shall submit

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CRS-112
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
to the Director [OMB] the results of the
evaluation.
§3535(f) Agencies and evaluators shall take
appropriate steps to ensure the protection of
information that, if disclosed, may adversely
affect information security.
§3535(g) The Director [OMB] shall summarize
the results of the evaluations in a report to
Congress.
§3535(h) The Comptroller General shall
periodically evaluate and report to Congress on
the adequacy and effectiveness of agency
information security programs and compliance
with this subchapter.
§3536 National Security Systems. Agency heads
responsible for national security systems shall
provide information security commensurate with
the risk, implement security programs as required
by standards issued in accordance with law and as
directed by the President.
§3537 Authorization of Appropriations. There
are authorized to be appropriated to carry out the
provisions of this subchapter sums such as may
be necessary for each of fiscal year 2003 through
2007.
§3538 Effect on Existing Law.
Sec. 1102 Management of Information
(There is no comparable provision in the Senate
Technology. Amends Section 5131 of the
bill.)
Clinger-Cohen Act (40 USC 1441) as follows:
§5131. Responsibilities for Federal Information
Systems Standards.
§5131(a) The Director [OMB] shall, on the basis
of standards developed by the National Institute
of Standards and Technology (LIST), and in
consultation with the Secretary of Homeland
Security, promulgate information security
standards pertaining to federal information
systems. These standards shall be compulsory
and binding. Standards and guidelines for
national security systems shall be developed,

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CRS-113
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
promulgated, enforced, and overseen as otherwise
authorized by law and as directed by the
President.
§5131(b) The head of an agency may employ
information security standards that are more
stringent, if such standards contain, at a
minimum, those standards made compulsory by
the Director [OMB] and are otherwise consistent
with the guidelines issued in section 3533 of title
44 USC (as amended above).
§5131(c) Director [OMB] shall make a decision
regarding promulgating any standard not later
than 6 months after submission of the standard to
the Director [OMB] by NIST. The Director
[OMB] shall make a decision to significantly
modify or to not promulgate a proposed standard
only after opportunity for public comment.
Sec.1103 National Institute of Standards and
(There is no comparable provision in the Senate
Technology. Rewrites section 20 of the National
bill.)
Institute of Standards and Technology Act (15
USC 278g-3) as follows:
§20(a) The Institute shall: have the mission to
develop standards and guidelines for information
systems; develop minimum requirements for
information systems used by or for federal
agencies other than national security systems;
develop standards and guidelines for information
security, except for national security systems;
and, carry out the information security standards
and guidelines mission through the Computer
Security Division [of the Information Technology
Laboratory].
§20(b) The standards required in (a) shall
include: standards by which all agencies
catagorize all information and information
systems according to a range of risk levels;
guidelines for recommending the type of
information and information systems to be
included in each such category; minimum
security requirements for each category;
guidelines for detection and handling of security
incidents; and, guidelines, developed in
coordination with the National Security Agency,

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CRS-114
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
for identifying an information systems as a
national security system.
§20(c) In developing the standards in (a) and (b),
NIST shall: consult with other named agencies
(including the Department of Homeland Security)
to avoid unnecessary duplication and to ensure
they complement standards for national security
systems; provide the public an opportunity to
comment on proposed standards and guidelines;
submit standards to the Director [OMB] for
promulgation; issue guidelines no later than 18
months after enactment; ensure that standards and
guidelines do not require specific technologies or
products; ensure standards and guidelines allow
sufficient flexibility to permit alternative
solutions; and, use flexible performance-based
standards and guidelines.
§20(d) NIST shall submit standards to Director
[OMB] with recommendations regarding the
extent to which they should be compulsory and
binding; assist agencies in complying with
standards, detecting and handling security
incidents; conduct research as needed to
determine information security vulnerabilities and
technologies for providing cost effective security;
develop and periodically revise performance
indicators for agency security programs; evaluate
private sector security programs and
commercially available security technologies;
evaluate security policies and practices developed
for national security systems for potential
applicability to strengthen agencies’ information
security; periodically assess effectiveness of
standards and guidelines developed under this
section and undertake needed revision; solicit and
consider the recommendations of the Information
Security and Privacy Board and provide such
recommendations to OMB; and, prepare an
annual report on implementation of this section.
§20(e) Refers to terms defined elsewhere in
statute.
Sec. 1104. Information Security and Privacy
Advisory Board.

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CRS-115
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Amends section 21 of the National Institute of
Standards and Technology Act (15 USC 278g-4).
Renames Computer Systems Security and Privacy
Board to Information Security and Privacy.
Board to advise NIST and the Director [OMB] on
information security. Changes the Board
provisions as they relate to functions, meetings,
and reports.
Sec.1105. Technical and Conforming
Amendments.
Reflects changes to the Computer Security Act;
the Floyd D. Spence National Defense
Authorization Act, FY2001; and the Paperwork
Reduction Act.
Sec.1106. Construction.
Nothing in this Act, or amendments made by it,
affects the authority of the National Institute of
Standards and Technology or the Department of
Commerce relating to the development and
promulgation of standards or guidelines under
paragraphs (1) and (2) of section 20(a) of the
National Institute of Standards and
Technology Act.
S. 2452, Title I, Subtitle F –
Administrative Provisions.
See Sec. 802
Sec. 191. Reorganizations and Delegations.
Authorizes the Secretary, with certain limitations,
to allocate or reallocate functions among DHS
officers and establish, consolidate, alter or
discontinue organizational entities within the
department.
Authorizes the Secretary and DHS officers,
with certain limitations, to delegate and authorize
redelegations of functions.
Sec. 192. Reporting requirements.
The Comptroller General is required to monitor
and evaluate the implementation of this division,
and submit a report to Congress not later than 15
months after the effective date of this division,
and every year thereafter for the succeeding five
years, containing an evaluation of the progress
reports of the Secretary prepared pursuant to Sec.
175, finding and conclusions resulting from the

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CRS-116
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Comptroller monitoring and evaluation of DHS
success in meeting its missions, and
recommendations for legislative or administrative
action that the Comptroller considers appropriate.
The Secretary is required to submit to
Congress, every two years, a report assessing the
resources and requirements of executive agencies
relating to border security and emergency
preparedness issues, and a report certifying the
preparedness of the U.S. to prevent, protect
against, and respond to natural disasters, cyber
attacks, and incidents involving weapons of mass
destruction.
The Secretary is required to submit to
Congress, not later than one year after the
effective date of this division, a report outlining
proposed steps to consolidate management
authority for federal operations at key points of
entry into the U.S.
The Secretary and the Director of the National
Office for Combating Terrorism, in consultation
with the head of each department or agency
affected by this division, are required to submit to
Congress, not later than 270 days after the date of
the enactment of this act, on the development of
definitions of the terms “combating terrorism”
and “homeland security,” with consideration of
such definitions in determining the mission of
DHS and the National Office for Combating
Terrorism.
No comparable provisions.
Sec. 192(e) Results-Based Management
(1) Strategic Plan- Requires Secretary to
However, absent provision for a statutory
prepare and submit to OMB a strategic plan,
exemption (as granted to the Central Intelligence
covering at least five years and to be revised at
Agency), the DHS might be subject to reporting
least every three years, describing all program
requirements of the Government Performance
activities of the Department.
and Results Act (P.L. 103-62, known as GPRA),
(Provisions akin to GPRA requirements for other
as an executive branch agency with an annual
agencies in 5 U.S.C. 306.)
budget over $20 million.
(2) Performance Plan- Requires Secretary to
prepare an annual performance plan covering
each program activity in the Department’s
budget.
(Provisions akin to GPRA requirements for other
agencies in 31 U.S.C. 1115.)
(3) Performance Report- Requires Secretary to
prepare and submit to the President and Congress

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CRS-117
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
an annual report on program performance for the
previous fiscal year.
(Provisions akin to GPRA requirements for other
agencies in 31 U.S.C. 1116.)
Sec. 193. Environmental protection, safety, and
health requirements.
Requires the Secretary to ensure that DHS
complies with all applicable environmental,
safety, and health statutes and requirements, and
develops procedures for meeting such
requirements.
Sec. 194. Labor standards.
All laborers and mechanics employed by
contractors or subcontractors to work on DHS
projects shall be paid in accordance with the
Davis Bacon Act. The authority of the Secretary
of Labor is set out.
Sec. 732. Personal Services.
Sec. 195. Procurement of temporary and
The Secretary could procure the temporary or
intermittent services.
intermittent services of experts or consultants (or
(1) Authorizes the Secretary to bring on experts
organizations thereof) in accordance with 5
and consultants under 5 U.S.C. 3109; and
U.S.C. 3109; and could, whenever necessary due
(2) Due to urgent homeland security needs, may
to an urgent homeland security need, procure
for a period of not more than one year,
temporary (not to exceed one year) or intermittent
compensate them at a rate higher than the
personnel services, including the services of
referenced section allows.
experts or consultants (or organizations thereof)
without regard to the pay limitations of 5 U.S.C.
3109.
Sec. 196. Preserving non-homeland security
mission performance.
Specifies that, for each entity transferred into the
department that has non-homeland security
functions, the respective Under Secretary in
charge, in conjunction with the head of the entity,
shall annually report, for the five years following
the transfer of the entity to the department, to the
Secretary, the Comptroller General, and the
appropriate committees of Congress certain
details concerning the performance of the entity
in all of its missions, with a particular emphasis
on examining the continued level of performance
of the non-homeland security missions.
Sec. 197. Future Years Homeland Security

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CRS-118
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Program.
Specifies that, effective with the preparation and
submission of the FY2005 budget requests for the
department and the National Terrorism
Prevention and Response Program and any
subsequent fiscal year, such budget requests shall
be accompanied by a Future Years Homeland
Security Program, which shall be modeled after
the Future Years Defense Program submitted to
Congress pursuant to 10 U.S.C. 221.
Sec. 724. (no change)
Sec. 198. Protection of voluntarily furnished
confidential information.
Specifies that critical infrastructure information
voluntarily furnished to the department shall not
be made available under the Freedom of
Information Act (5 U.S.C. 552) (FOIA) if the
provider would not customarily make the record
available to the public and the record is
designated and certified, according to department
specification, as confidential and not customarily
available to the public. Any agency in receipt of
such record voluntarily furnished to the
department shall, upon receipt of a FOIA request
for same, not make the record available and refer
such request to the department. Providers of such
voluntarily furnished records may at any time
withdraw the confidential designation in a
manner specified by the department. The
Secretary is required to prescribe regulations for
the management of such information. There is no
preemption or modification of state or local law.
No later than 18 months after the enactment of
this act, the Comptroller General is required to
submit a report to specified committees of
Congress on the implementation of this section.
Sec. 199. Authorization of Appropriations.
Authorizes to be appropriated such sums as may
be necessary to enable the Secretary to administer
and manage DHS and carry out the functions of
the department other than those transferred to
DHS under this title.

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CRS-119
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
S. 2452, Title II – National
Office for Combating Terrorism
Sec. 201. National Office for Combating
Terrorism
Sec. 201(a) Establishment.
Establishes within the Executive Office of the
President the National Office for Combating
Terrorism
Sec. 201(b) Officers; Director.
Specifies that NOCT shall be headed by a
Director, appointed by the President with the
advice and consent of the Senate and
compensated, by amendment of 5 U.S.C. 5312, at
Executive Schedule Level I.
The President is authorized to assign to NOCT
such other officers as the President, in
consultation with the Director, considers
appropriate for the discharge of the
responsibilities of the office.
Sec. 201(c) Responsibilities.
Specifies the responsibilities of NOCT, including
developing national objectives and policies for
combating terrorism; directing and reviewing the
development of a comprehensive national
assessment of terrorist threats and vulnerabilities
to those threats; developing with the Secretary of
Homeland Security the national strategy under
title III of this act; coordinating, overseeing, and
evaluating the implementation and execution of
the national strategy by federal agencies with
responsibilities for combating terrorism under the
strategy, particularly those involving military,
intelligence, law enforcement, diplomatic, and
scientific and technological assets; working with
federal agencies to ensure that appropriate actions
are taken to address vulnerabilities identified by
the DHS Directorate of Critical Infrastructure
Protection; coordinating, with the advice of the
Secretary of Homeland Security, the development
of a comprehensive annual budget for the
programs and activities under the national
strategy and having the lead responsibility for

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CRS-120
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
budget recommendations relating to military,
intelligence, law enforcement, diplomatic, and
scientific and technological assets in support of
the strategy; exercising funding authority for
federal terrorism prevention and response
agencies in accordance with section 202; serving
as an advisor to the National Security Council;
and working with the Director of the Federal
Bureau of Investigation to ensure the relevant
information related to terrorism is received by
NOCT, appropriate agencies, and state and local
law enforcement officials.
Sec. 201(d). Resources.
Specifies that the President, in consultation with
the Director of NOCT, shall assign or allocate to
the office such resources, including funds,
personnel, and other resources for NOCT to
discharge its responsibilities as the President
considers appropriate and that are available under
appropriations for FY2002 and FY2003 in the
Office of Administration or Office of Homeland
Security appropriations accounts; transfers or
reprogammings of funds made under this section
are subject to the reprogramming procedures of
the Treasury and General Government
Appropriations Act, 2002..
Sec. 201(e) Oversight by Congress.
Specifies that the establishment of NOCT within
the Executive Office of the President shall not be
construed as affecting access by Congress, or any
committee of Congress, to any information,
document, record, or paper in the possession of
the office or any study conducted by or at the
direction of the Director of the office; or any
personnel of NOCT.
Sec. 202. Funding for Strategy Programs and
Activities
Note: Provisions following here appear akin to
those for the National Drug Control Program
budget; see 21 U.S.C. 1703(c).
Sec. 202(a) Budget Review
In consultation with other officials, the Director
shall identify programs that contribute to the

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
strategy, and review and advise respective agency
heads on funding for programs so identified.
Sec. 202(b) Submittal of Proposed Budgets to the
Director;
Sec. 202(c) Review of Proposed Budgets;
Sec. 202(d) Agency Response to Review of
Proposed Budgets including information
submitted to Congress;
Sec. 202(e) Submittal of Revised Proposed
Budgets including information submitted to
Congress; and
Sec. 202(f) National Terrorism Prevention and
Response Program Budget.
In Summary, Sec. 202(b)-(f) Require:
(1) the heads of Federal terrorism prevention and
response agencies to submit proposed budgets for
programs and activities under the strategy to the
Director;
(2) the Director to notify such agencies whether
such budgets are adequate and to specify
necessary initiatives to provide for strategy
implementation;
(3) such agency heads to include such notices and
initiatives with proposed annual budget
information submitted to the Office of
Management and Budget (OMB) and Congress;
(4) such agency heads to submit proposed annual
budgets to the Director at the same time they are
submitted to OMB;
(5) the Director to decertify any proposed budget
that does not include adequate funding and
initiatives and to submit adequate budget
recommendations; and
(6) the Director to develop and submit to the
President and Congress an annual consolidated
proposed National Terrorism Prevention and
Response Program Budget.
Sec. 202(g) Reprogramming and Transfer
Requests. Prohibits such agency from submitting
to Congress any request for the reprogramming or
transfer of funds specified in such National
Terrorism Budget for agency programs or
activities under the strategy, in excess of $5
million, without the Director’s approval, unless
approved on appeal by the President.

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
S. 2452, Title III – National
Strategy for Combating
Terrorism and the Homeland
Security Response
Sec. 301. Strategy
Sec. 301(a). Requires the Secretary of Homeland
Security and the Director of NOCT to develop the
national strategy for combating terrorism and the
homeland security response for detection,
prevention, protection, response, and recovery to
counter terrorist threats, including threat,
vulnerability, and risk assessment and analysis,
and the plans, policies, training exercises,
evaluation, and interagency cooperation that
addresses each such action relating to such
threats.
Sec. 301(b). Assigns the Secretary responsibility
for portions of the strategy addressing border
security, critical infrastructure protection,
emergency preparation and response, and
integrating state and local efforts with activities
of the federal government.
Assigns the Director of NOCT overall
responsibility for the development of the strategy,
and particularly for those portions addressing
intelligence, military assets, law enforcement, and
diplomacy.
Sec. 301(c). Specifies the contents of the strategy
shall include a comprehensive statement of
mission, goals, objectives, desired end-state,
priorities and responsibilities; policies and
procedures to maximize the collections,
translation, analysis, exploitation, and
dissemination of information relating to
combating terrorism and the homeland security
response throughout the federal government and
with state and local authorities; plans for
countering chemical, biological, radiological,
nuclear and explosives, and cyber threats; plans
for integrating the capabilities and assets of the
U.S. military into all aspects of the strategy; plans

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CRS-123
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
for improving the resources of, coordination
among, and effectiveness of health and medical
sectors for detecting and responding to terrorist
attacks on the homeland; specific measures to
enhance cooperative efforts between the public
and private sectors in protecting against terrorist
attacks; a review of measures needed to enhance
transportation security with respect to potential
terrorist attacks; plans for identifying,
prioritizing, and meeting research and
development objectives to support homeland
security needs; and other critical areas.
Sec. 301(d). Specifies that, at the request of the
Secretary or Director of NOCT, departments and
agencies shall provide necessary information or
planning documents relating to the strategy.
Sec. 301(e). Establishes the National Combating
Terrorism and Homeland Security Council,
cochaired by the Secretary and the Director of
NOCT and composed of the heads of federal
terrorism prevention and response agencies as
designated by the Secretary and the Director, to
assist with preparation and implementation of the
strategy.
Sec. 301(f). Specifies that, not later than
December 1, 2003, and each year thereafter in
which a President is inaugurated, the Secretary
and the Director shall submit the strategy to
Congress.
Sec. 301(g). Specifies that, not later than
December 1, 2005, and on December 1 of every
two years thereafter, the Secretary and the
Director shall submit to Congress an updated
version of the strategy.
Sec. 301(h). Specifies that, not later than
December 1, 2004, and on December 1 of each
year thereafter, the Secretary and the Director
may submit to Congress a report that describes
the progress on implementation of the strategy
and provides recommendations for improvement
of the strategy and its implementation.
Sec. 302. Management Guidance for Strategy

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CRS-124
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Implementation
Sec. 302(a). Specifies that the Director of the
Office of Management and Budget, in
consultation with the Secretary of Homeland
Security and the Director of NOCT, shall provide
management guidance for federal agencies to
successfully implement and execute the strategy.
Sec. 302(b). Specifies that, not later than 180
days after the date of the submission of the
strategy, the Director of the Office of
Management and Budget shall submit to
Congress a report describing agency progress
under section 302(a), and provide a copy of same
to the Comptroller Genereal.
Sec. 302(c). Specifies that, not later than 90 days
after receipt of the report required under section
302(b), the Comptroller General shall submit a
report to the Senate Committee on Governmental
Affairs, the House Committee on Government
Reform, and the Appropriations Committees
evaluating the management guidance identified
under section 302(a) and federal agency
performance in implementing and executing the
strategy.
Sec. 303. National Combating Terrorism
Strategy Panel.
Sec. 303(a). Authorizes the Secretary of
Homeland Security and the Director of NOCT to
establish a nonpartisan, independent panel to be
known as the National Combating Terrorism
Strategy Panel (NCTSP).
Sec. 303(b). Specifies that NCTSP shall be
composed of a chairperson and eight other
individuals appointed by the Secretary and the
Director of NOCT, in consultation with the
Chairman and Ranking Member of the Senate
Committee on Governmental Affairs and the
House Committee on Government Reform, from
among individuals in the private sector who are
recognized experts in matters relating to the
homeland security of the U.S. and who shall
serve 18-month terms with possible

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CRS-125
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
reappointment.
Sec. 303(c). Specifies that NCTSP shall conduct
and submit to the Secretary an assessment of the
strategy and conduct an independent, alternative
assessment of homeland security measures
required under this section.
Sec. 303(d). Specifies that NCTSP shall submit
to the Secretary an independent assessment of the
optimal policies and programs to combat
terrorism, including homeland security measures,
with, to the extent practicable, an estimate of the
funding required by fiscal year to achieve these
optimal approaches.
Sec. 303(e). Authorizes NCTSP to secure directly
from any federal department or agency such
information as the panel considers necessary to
carry out this section, but in the case of
intelligence information, provision shall be in
accordance with procedures established by the
Director of Central Intelligence and in accordance
with 50 U.S.C. 403-3(d)(3) regarding intelligence
sources and methods.
.
Sec. 303(f) Compensation of Members.
Each member of the Panel would be compensated
at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for Executive
Schedule level IV for each day (including travel
time) during which such member is engaged in
the performance of the duties of the Panel.
Sec. 303(g) Travel Expenses.
While performing duties, members shall receive
travel expenses and per diem under subchapter I
of chapter 57 of title 5, U.S.Code.
Sec. 303(h) Staff.
The chairperson of the Panel could, without
regard to the civil service laws and regulations,
appoint and terminate an executive Director and
such other additional personnel as may be
necessary to enable the Panel to perform its
duties. The employment of an executive Director
would be subject to confirmation by the Panel.
The chairperson could fix the compensation of

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CRS-126
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
the executive Director and other personnel
without regard to 5 U.S.C. Chapter 51 and
Chapter 53, Subchapter III. The rate of pay for
the executive Director and other personnel could
not exceed Executive Schedule level V.
The executive Director and any personnel of the
Panel who are employees would be employees
under 5 U.S.C. 2105 for purposes of Chapters 63,
81, 83, 84, 85, 87, 89, and 90 of Title 5.
During periods that members are not serving
terms on the Panel, the executive Director could
reduce the number and hours of employees.
Section 303(i) Detail of Government Employees.
Any federal government employee could be
detailed to the Panel without reimbursement, and
such detail would be without interruption or loss
of civil service status or privilege.
Sec. 303(j) Administrative Provisions.
(1) The Panel may use the U.S. mails and obtain
printing and binding services in the same manner
and under the same conditions as other agencies.
(2) The Secretary shall furnish the Panel any
administrative and support services requested by
the Panel.
(3) The Panel may accept, use, and dispose of
gifts or donations of services or property.
Sec. 303(k) Payment of Panel Expenses.
The compensation, travel expenses, and per diem
allowances of members and employees of the
Panel shall be paid out of funds available to DHS
for the payment of compensation, travel
allowances, and per diem allowances,
respectively, of civilian employees of DHS. The
other expenses of the panel shall be paid out of
funds available to DHS for the payment of similar
expenses incurred by DHS.
Sec. 303(l) Reports.
(1) Not later than July 1, 2004, the Panel shall
submit to the Secretary and the Director a
preliminary report setting forth the activities and
the findings and recommendations of the Panel
under Sec. 303(d), including any
recommendations for legislation that the Panel

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H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
considers appropriate. No later 30 days after
submission of that report, the Secretary and the
Director shall submit a copy to the committees
referred to under subsection (b), and the
Committees on Appropriations of the Senate and
the House of Representatives. Comments of the
Secretary will be included.
(2) Quadrennial reports.
Not later than December 1, 2004, and not later
than December 1 every 4 years thereafter, the
Panel shall submit to the Secretary and the
Director a report setting forth the activities and
the findings and recommendations of the Panel
under subsection (d), including any
recommendations for legislation that the Panel
considers appropriate.
Not later than 60 days after each such report is
submitted, the Secretary shall submit to the
committees referred to under subsection (b), and
the Committees on Appropriations of the Senate
and the House of Representatives. The
comments of the Secretary and the Director will
be included.

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CRS-128
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
S. 2452, Title IV – Law
Enforcement Powers of
Inspector General Agents
Sec. 906. Transfer of Certain Security and Law
Sec. 401. Law Enforcement Powers of Inspector
Enforcement Functions and Authorities.
General Agents
Section 401(a) In General.–
This section does not specifically mention
Amends section 6 of the IG Act (adding new
Inspectors General, however it is conceivable that
section 6(e)) and provides that each IG appointed
Sec. 906 section could apply to IGs. See
under section 3 of the IG Act, any Assistant IG
discussion of Sec. 906 above.
for Investigations (AIG), and any special agent
supervised by such AIG, may be authorized by
the Attorney General to:
-
carry a firearm while engaged in official
duties as authorized under the DHS Act or
other statute, or expressly authorized by the
Attorney General;
-
make an arrest without warrant while
engaged in official duties as authorized
under this Act or another statute, or as
expressly authorized by the AG, for any
offense against the U.S. committed in the
presence of such IG, AIG, or agent, or for
any felony cognizable under the laws of the
U.S. if the IG, AIG, or agent has reasonable
grounds to believe that the person to be
arrested has committed or is committing
such felony; and
-
seek and execute warrants for arrest, search
of a premises, or seizure of evidence issued
under the authority of the U.S. upon
probable cause to believe that a violation has
been committed.
Sec. 401 would add new section 6(e)(2) to the IG
Act and provides that the Attorney General may
authorize exercise of the powers of this
subsection only upon an initial determination
that:
-
the affected OIG is significantly hampered
in the performance of duties by the DHS Act
as a result of the lack of such powers;
-
available assistance from other law
enforcement agencies is insufficient to meet
the need of such powers; and
-
adequate internal safeguards and

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CRS-129
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
management procedures exist to ensure
proper exercise of such powers.
New section 6(e)(3) would provide that the IGs
of the Departments of Commerce, Education,
Energy, Health and Human Services, Homeland
Security, Housing and Urban Development,
Interior, Justice, Labor, State, Transportation,
Treasury, Veterans Affairs, Agency for
International Development, EPA, FDIC, FEMA,
GSA, NASA, NRC, OPM, Railroad Retirement
Board, SBA, SSA, and TVA are exempt from the
requirement of paragraph (2) of an initial
determination of eligibility by the Attorney
General.
New section 6(e)(4) would provide that the
Attorney General must issue regulations and
revise, as appropriate, guidelines which shall
govern the exercise of law enforcement powers
established under this section.
New section 6(e)(5) would provide that the
powers authorized for an OIG under this section
shall be rescinded or suspended upon a
determination by the Attorney General that any of
the requirements in paragraph (2) is no longer
satisfied or that the exercise of authorized powers
by that OIG has not complied with the Attorney
General’s guidelines.
New section 6(e)(6) would provide that a
determination by the AG shall not be reviewable
by any court.
New section 6(e)(7) would provide that to
ensure proper exercise of law enforcement
powers, the OIGs shall not later than 180 days
after enactment, collectively enter into a MOU to
establish an external review process for ensuring
that internal safeguards and management
procedures continue to exist within each OIG and
other offices. The review process shall be
established in consultation with the AG, who
shall be provided a copy of the MOU. The
exercise of law enforcement powers by each OIG
shall be reviewed periodically by another OIG or
a committee of IGs. The results of each review
shall be communicated in writing to the
applicable IG and the AG.
New section 6(e)(8) would provide that no

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CRS-130
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
provision in subsection (e) shall limit the exercise
of law enforcement powers established under any
other statutory authority, including U.S. Marshals
Service special deputation.
Sec. 401(b). Promulgation of Initial Guidelines.
The bill defines the term MOU to mean an
agreement between the DOJ and the IG offices
described in section 6(e)(3) of the IG Act as
added by this bill, that are in effect on the date of
enactment and that authorize such offices to
exercise authority that is the same or similar to
the authority in section 6(e)(1) of the IG Act.
No later than 180 days after enactment, the AG
shall promulgate guidelines under section 6(e)(4)
of the IG Act applicable to the IG offices. These
guidelines shall include, at a minimum, the
operational and training requirements in the
MOU. The MOU in effect on the date of
enactment of this Act shall remain in effect until
the new guidelines take effect.
Sec. 401(c). Effective Dates.
Subsection (a) takes effect 180 days after the date
of enactment of this Act.
Initial guidelines (subsection (b) shall take effect
on the date of enactment of this Act.
Sec. 110. Civil Rights Officer. This section
includes the provision that the CRO shall be
responsible for notifying the IG of any matter
that, in the opinion of the CRO, warrants further
investigation.
Sec. 111. Privacy Officer. This section includes
the provision that the PO shall be responsible for
notifying the IG of any matter that, in the opinion
of the PO, warrants further investigation.

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CRS-131
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
S. 2452, Division B –
Immigration Reform,
Accountability, and Security
Enhancement Act of 2002
Sec. 1001. Short title; table of contents.
“Immigration Reform, Accountability, and
Security Enhancement Act of 2002”
Sec. 1002. Definitions for Division B:
Enforcement Bureau means the Bureau of
Enforcement and Border Affairs;
function includes any duty, obligation, power,
authority, responsibility, right, privilege, activity,
or program;
immigration enforcement functions has the
meaning given in the term in Sec. 114(b)(2) of
the Immigration and Nationality Act (INA) as
added by Sec. 1105 of this Act;
immigration laws of the United States has the
meaning given the term in Sec. 111(e) of the
INA, as added by Sec. 1102 of this Act;
immigration policy, administration, and
inspection functions has the meaning given the
term in Sec. 112(b)(3) of the INA, as added by
Sec. 1103 of this Act;
immigration service functions has the meaning
given the term in Sec. 113(b)(2) of the INA, as
added by Sec. 1104 of this Act;
office includes any office, administration, agency,
bureau, institute, council, unit, organizational
entity, or component thereof;
Secretary means the Secretary of Homeland
Security;
Service Bureau means the Bureau of Immigration
Services established in Sec. 113 of the INA,
added by Sec. 1104 of this Act; and
Under Secretary means Under Secretary of
Homeland Security for Immigration Affairs
appointed under Sec. 112 of the INA, as added by
Sec. 1103 of this Act.

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CRS-132
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
See also, Title IV–Border and Transportation
S. 2452, Title XI–Directorate of
Security
Immigration Affairs
Subtitle B–Immigration and Nationality
Functions
S. 2452, Title XI, Subtitle A —
Organization.
Sec. 441. Abolishes INS.
Sec. 1101. Abolition of INS.
In general, the Immigration and Naturalization
Service is abolished and Sec. 4 of the Act of
February 14, 1903, as amended, is repealed.
Sec. 1102. Establishment of Directorate of
Immigration Affairs
Establishes a Directorate of Immigration
Affairs within the Department of Homeland
Security.
Requires the Directorate, under the authority of
the Secretary of Homeland Security, to administer
immigration policy and perform immigration
inspections, enforcement, service and
adjudication functions.
Defines the principal officers as follows: (1)
Under Secretary of Homeland Security for
Immigration Affairs, (2) Assistant Secretary of
Homeland Security for Immigration Services, and
(3) Assistant Secretary of Homeland Security for
Enforcement and Border Affairs.
Sec. 1102 and Sec. 1103.
Provides definitions for the following: (1) Under
Secretary of Homeland Security for Immigration
Affairs, (2) Assistant Secretary of Homeland
Security for Immigration Services, (3) Assistant
Secretary of Homeland Security for Enforcement
and Borders Affairs, (4) immigration laws of the
United States, (5) immigration policy, (6)
administration, and (7) inspection functions.
Sec. 1103(a). Under Secretary of Homeland
Security for Immigration Affairs.
Establishes an Under Secretary of Homeland
Security for Immigration Affairs to head the
Directorate.
Requires the Under Secretary to (1) develop
and implement immigration policy and propose,
promulgate and issue rules, regulations and

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CRS-133
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
statement of policy pertaining to immigration
law, (2) administer and enforce the functions of
the Bureaus of Immigration Services and
Enforcement and Border Affairs; and direct,
supervise and coordinate both Bureaus, and (3)
administer and enforce immigration laws with
regard to inspecting all aliens at U.S. ports of
entry.
Requires the Under Secretary of Homeland
Security for Immigration Affairs to manage
resources (including information resources), and
personnel and coordinate with the Civil Rights
Officer of the DHS all immigration issues that
involve civil rights violations.
H.R. 5005 establishes a General Counsel position
Sec. 1103(a). Establishes a General Counsel
in the service bureau (see Sec. 421(d))
position within the Directorate who shall be
appointed by the Secretary of Homeland Security
in consultation with the Under Secretary and
serve as the chief legal officer for the Directorate.
The General Counsel is responsible for
providing legal advice, determinations,
regulations, and other assistance to the Under
Secretary with regard to matters affecting the
Directorate.
H.R. 5005 establishes a Chief Budget Officer
Sec. 1103(a). Establishes a Chief Financial
position in the service bureau (see Sec. 421(e))
Officer position within the Directorate (a career
ladder position at the Senior Executive Series
level) who would be responsible for the
Directorate’s budget formulation and
implementation.
Establishes a Deputy Chief Financial Officer.
H.R. 5005 establishes a Chief of Policy and
Sec. 1103(a). Establishes a Chief of Policy
Strategy position in each bureau (see Sec. 412(b)
position within the Directorate who would be
& 421(c))
responsible for (1) establishing U.S. immigration
policies and priorities, (2) performing research
and analysis on immigration issues, and (3)
coordinating policy issues between the
Directorate and the Service and Enforcement
Bureaus.
H.R. 5005 establishes a Chief of Congressional,
Sec. 1103(a). Establishes a Chief of
Intergovernmental, and Public Affairs position in
Congressional, Intergovernmental, and Public
the service bureau (see Sec. 421(f))
Affairs within the Directorate who would be
responsible for (1) providing information

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CRS-134
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
pertaining to immigration-related issues to
Congress, (2) serving as a liaison with other
federal agencies on immigration issues, and (3)
responding to media and public inquiries with
regard to immigration issues.
Sec. 1103(b) Compensation of the Under
Secretary.
The Under Secretary will be paid at Level III of
the Executive Schedule.
Sec. 1103(c) Compensation of General Counsel
and Chief Financial Officer.
The general counsel and CFO will be paid at
Level V of the Executive Schedule.
Sec. 1103(d). Repeals the following: (1) Sec. 7 of
the Act of March 3, 1981 pertaining to the
establishment of the off ice of the Commissioner
of Immigration and Naturalization; (2) Sec. 201
of the Act of June 20, 1956 pertaining to the
compensation of assistant commissioners and
district directors; and (3) Sec. 1 of the Act of
March 2, 1895 pertaining to special immigrant
inspectors.
Sec. 1103(e). Provides conforming amendments
to the INA.
Sec. 1103(f) References.
Any reference in any statute, reorganization plan,
Executive Order, regulation, agreement,
determination, or other official document or
proceeding to the Commission of Immigration
and Naturalization shall be deemed to refer to the
Under Secretary.
Sec. 1104. Bureau of Immigration Services.
Sec. 421(a) Establishes a Bureau of Citizenship
Sec. 1104(a) Amends the INA (new §113) by
and Immigration Services in DOJ, to be headed
creating a Bureau of Immigration Services within
by an Assistant Attorney General for Citizenship
the Directorate, headed by an Assistant Secretary
and Immigration Services who reports directly to
of Homeland Security for Immigration Services
the Deputy Attorney General and has a minimum
who is appointed by the Secretary of Homeland
of 10 years experience in law enforcement.
Security. The Assistant Secretary would report
Requires the Assistant Attorney General for
directly to the Under Secretary.
Citizenship and Immigration Services (1) to
Charges the Assistant Secretary of the service
establish and oversee the administration of
bureau (under the authority of the Secretary and

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CRS-135
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
relevant policies, (2) advise the Deputy Attorney
the Under Secretary) with administering
General with respect to any policy or operation
immigration services and adjudication functions,
that may affect the Bureau of Immigration
including the following: (1) adjudications of
Enforcement in the DHS, (3) meet regularly with
nonimmigrant and immigrant petitions; (2)
the Citizenship and Immigration Services
adjudications of visas and other entry documents,
Ombudsman to correct problems and establish
and change and adjustment of status; (3)
procedures that would require a formal response
adjudications of naturalization applications; (4)
to any recommendations submitted in the
adjudications of asylum and refugee applications;
Ombudsman’s annual report, (4) design,
(5) determinations with regard to custody, parole,
implement and report to Congress on a
and conditions of parole, as well as the
managerial rotation program, and (5) implement a
responsibility for the detention of individuals
pilot program that would eliminate (and prevent
subject to such determination, pertaining to
from recurring) the backlog pertaining to the
asylum seekers who lack prior non-political
processing of immigration benefit applications.
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.
immigration law.
Sec. 421(e) Establishes a Chief Budget Officer
Sec. 1104(a) Establishes a Chief Budget Officer
who would be responsible for (1) formulating and
position in the service bureau. The Chief Budget
executing the bureau’s budget, (2) all financial
Officer would report to the Chief Financial
matters of the bureau; (3) the collection of all
Officer of the Directorate. The Chief Budget
payments, fines, and other debts for the bureau.
Officer would be responsible for monitoring and
supervising all financial matters of the bureau.
Sec. 1104(a) Establishes an Office of Quality
Assurance position within the service bureau.
The office would be responsible for ensuring that
the Directorate’s policies with regard to the
service bureau’s functions are properly carried
out and ensure efficient record management.
Sec. 1104(a) Establishes an Office of
Professional Responsibility position within the
service bureau. The office would be responsible
for ensuring the professionalism of the bureau
and accepting and investigating charges of
employee misconduct made by the public.
Sec. 1104(b) Compensation of Assistant
Secretary of Service Bureau.
Assistant Secretary will be paid at Level IV of the
Executive Schedule.
Sec. 1104(c) Service Bureau Offices.
Charges the Under Secretary (under the direction
of the Secretary) acting through the Assistant

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CRS-136
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Secretary for Immigration Services with
establishing offices, including sub-offices and
satellite offices, throughout the U.S. that are
located near the community served and taking
into consideration the office’s workload with
regard to improving the backlog and improving
customer service. The Under Secretary shall
conduct periodic reviews to assess whether the
location and size if the Service Bureau offices
adequately serve customer service needs.
The Under Secretary shall first consider using
existing facilities. That officer shall also explore
the location of such offices in new locations.
Sec. 1105. Bureau of Enforcement and Border
Affairs.
Sec. 412 (a) Establishes the Bureau of Border
Sec. 1105(a) Amends the INA by creating a
Security, to be headed by an Assistant Secretary
Bureau of Enforcement and Border Affairs within
who has a minimum of 10 years experience in
the Directorate. The bureau would be headed by
law enforcement including five years in
an Assistant Secretary of Homeland Security for
management.
Enforcement and Border Affairs, appointed by
Requires the Assistant Secretary to (1) establish
the Secretary of Homeland Security (in
and oversee the administration of relevant
consultation with the Under Secretary).
policies, (2) advise the Under Secretary for
Charges the Assistant Secretary of Homeland
Border and Transportation Security with respect
Security for Enforcement and Border Affairs
to any policy or operation that may affect the
(under the authority of the Under Secretary) with
Bureau of Citizenship and Immigration Services
administering immigration enforcement
in DOJ, (3) administer the program to collect
functions, including the following functions: (1)
information on foreign students, and (4) design,
border patrol function, (2) immigration detention
implement and report to Congress on a
function, (3) removal function, (4) intelligence
managerial rotation program.
function, (5) investigation function.
Requires the Secretary to submit a report to
Congress on the implementation of the
managerial rotation plan no later than 2 years
after the transfer of functions.
Sec. 412(d), for a similar purpose, was omitted in
Sec. 1105(a) Establishes a Chief Budget Officer
the reported version
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. 413. Makes the Under Secretary for Border
Sec. 1105(a) Establishes an Office of
and Transportation Security responsible for: (1)
Professional Responsibility position within the

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CRS-137
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
conducting investigations of employees of the
enforcement bureau. The office would be
bureau with regard to allegations involving
responsible for ensuring the professionalism of
noncriminal misconduct, corruption and fraud
the bureau and accepting and investigating
that is not subject to investigation by the
charges of employee misconduct made by the
Inspector General; (2) inspecting the operations
public.
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. 1105(a) Establishes an Office of Quality
Assurance position within the enforcement
bureau. The office would be responsible for
ensuring that the Directorate’s policies with
regard to the enforcement bureau’s functions are
properly carried out, and ensuring efficient record
management.
Sec. 1105(b) Compensation of Assistant
Secretary of Enforcement Bureau.
Officer to be paid at Level IV of the Executive
Schedule.
.
Sec. 1105(c) Enforcement Bureau Offices.
Sec. 1105. Charges the Under Secretary (under
the direction of the Secretary) acting through the
Assistant Secretary for Immigration Enforcement
with establishing offices, including sub-offices
and satellite offices, throughout the U.S. that are
in line with trends of unlawful entry and national
security concerns.
Requires the Under Secretary to conduct
periodic reviews of the offices and their locations
to determine their appropriateness.
Sec. 1106. Office of the Ombudsman Within the
Directorate.
Sec. 422 Establishes an Ombudsman position in
Sec. 1106(a). Amends the INA (new Sec.115 in
the service bureau.
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)

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CRS-138
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
identify persistent problems experienced by the
public in dealing with the Directorate, (3)
propose potential administrative, regulatory, and
statutory changes to minimize the problems, and
(4) monitor the coverage and geographic
distribution of local offices.
Sec. 422 Establishes an Ombudsman position in
Sec. 1106(a) Requires the Ombudsman to report
the service bureau.
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 Directorate has taken with regard to
improving services and the responsiveness of the
bureau; (2) a summary of the “most pervasive and
serious problems” experienced by individuals and
employers; (3) an inventory of the
aforementioned items for which action has been
taken; (4) an inventory of the aforementioned
items for which action is still needed; (5) an
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; (7) recommendations
to resolve problems caused by inadequate funding
or staffing, and (8) any other information the
Ombudsman deems necessary.
Sec. 1107. Office of Immigration Statistics
Within the Directorate.
Sec. 425. Amends the Omnibus Crime Control
Sec. 1107. Similar. Creates an Office of
and Safe Streets Act of 1968 (creating Sec.305)
Immigration Statistics within the Directorate,
by creating an Office of Immigration Statistics
headed by a Director.
within the Bureau of Justice Statistics, headed by
Charges the Director of the Office with the
a Director who would be appointed by the
following functions: (1) maintain all
Attorney General and would report to the
immigration-related statistics of the newly
Director of Justice Statistics.
created agency and the existing Executive Office
Charges the Director with the following
for Immigration Review (EOIR); (2) establish
functions: (1) maintain all immigration-related
reliability and validity standards with regard to
statistics of the newly created office and the
the aforementioned statistics; and (3) ensure the
existing Executive Office for Immigration
interoperability of the agency and EOIR
Review (EOIR). Require the statistics to include
databases.

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CRS-139
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
information and statistics currently found in the
Transfers the functions of the Statistics Branch
“Statistical Yearbook of the INS”; (2) establish
of the Office of Policy and Planning of the INS to
reliability and validity standards with regard to
the newly created office.
the aforementioned statistics; (3) require the
Bureau of Citizenship and Immigration Services
and the Executive Office of Immigration Review
to provide statistics to the Office of Immigration
Statistics, and (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.
Title VI, Sec. 601(b) assigns the Under
Secretary of Management Responsibility for
enforcement statistics.
Sec. 1108. Clerical Amendments.
Makes changes to the INA table of contents.
S. 2452, Title XI, Subtitle B–Transition
Provisions.
Sec. 428(a). With regard to INS service functions
Sec. 1111. Transfer of Functions.
transferred, the act requires the transfer of any
Requires the transfer of all immigration functions
reference in any other federal law, executive
under U.S. immigration laws vested by statute or
order, rule, regulation, delegation of authority, or
exercised by the Attorney General to the
any document or component of government to the
Secretary before the effective date of the
Assistant Attorney General for Citizenship and
enactment of this title.
Immigration Services.
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 before the
effective date of the enactment of this Title.
Sec. 428(a). Would require the transfer (including
Sec. 1112. Transfer of Personnel and Other
additional incidental transfer) and allocation of
Resources.
personnel, assets, liabilities, contracts, property,
Requires the transfer and allocation of personnel,
records, unexpended balance of appropriations,
assets, liabilities, contracts, property, records,
authorizations, allocations, and other relevant
unexpended balance of appropriations,
funds from DOJ (with respect to immigration
authorizations, allocations, and other relevant
service functions) to the Assistant Attorney
funds from DOJ to the Under Secretary for
General for Citizenship and Immigration Services
allocation to the appropriate component.
for allocation to the appropriate component of
DOJ.

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CRS-140
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Sec. 428(a). Requires that unexpended funds in
Sec. 1113. Determinations with Respect to
place prior to the transfer be used for their
Functions and Resources.
original purpose.
The Under Secretary shall determine the
allocation of resources. This act requires that
unexpended funds in place prior to the transfer be
used for their original purpose.
Sec. 428(a). Gives the Attorney General
Sec. 1114. Requires the Under Secretary, under
discretion to realign staff and funds for up to 2
the direction of the Secretary, to delegate
years after the enactment of this act.
immigration functions to the Assistant Secretaries
of the service and enforcement bureaus
Sec. 1115. Allocation of Personnel and Other
Resources.
Relates to the authority of the Under Secretary in
this regard; the authority to terminate affairs of
INS; and the treatment of shared resources.
Sec. 1116. Savings Provisions.
Covers the disposition of legal documents;
pending proceedings, orders, discontinuance or
modification; suits; nonabatement of actions;
continuance of suit with substitution of parties;
and administrative procedure and judicial review.
Sec. 1117. Interim Service of the Commissioner
of Immigration and Naturalization.
Permits the INS Commissioner to serve as Under
Secretary until one is appointed.
Sec. 1118. Executive Office for Immigration
Review Authorities not Affected.
Prohibits the contents of this act to be construed
to authorize or require the transfer of the
Executive Office of Immigration Review.
Sec. 1119. Other Authorities Not Affected.
Prohibits the contents of this act to be construed
to authorize or require the transfer or delegation
of any functions vested in or exercised by the
Secretary of State with respect to passport or visa
issuance or use, the Secretary of Labor with
respect to labor certifications and other
authorities or, unless specified in this division,
other federal officials under U.S. immigration
laws.
Sec. 411. Transfer of Functions to Under
Sec. 1120. Transitional Funding.

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CRS-141
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Secretary for Border and Transportation Security.
Authorizes appropriations of such sums as may
Transfers from the INS Commissioner to the
be necessary to abolish INS; to establish the
Under Secretary for Border and Transportation
Directorate of Immigration Affairs, its
Security immediately before the transfer occurs
components and its Bureaus; and to transfer
all personnel, assets and liabilities pertaining to
relevant functions to the Directorate and the
the following functions: (1) border patrol, (2)
Bureaus.
detention and removal, (3) intelligence, (4)
Support the following activities: (1) planning
investigations and (5) inspections.
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 this division, the availability of funds to
cover the transition cost.
S. 2452, Title XI, Subtitle
C–Miscellaneous Provisions.
Sec. 431. Maintains INA provision that fees for
Sec. 1121. Funding Adjudication and
adjudication and naturalization services be
Naturalization Services.
deposited into the Immigration Examinations Fee
Similar provision except requires fees collected
Account.
for service programs to be used for that purpose
No longer funds refugee and asylum processing
(and refugee and asylum processing if insufficient
from fees collected for adjudication and
funds are appropriated) and would also require
naturalization services.
separate accounts to be established in the
Authorize appropriations of “such sums as may
Treasury of the U.S. for service and enforcement
be necessary” for refugee and asylum
bureaus.
adjudications to be deposited into the
Requires amounts appropriated to be made
Immigration Examinations Fee Account.
available until expended.
Amends the Immigration Services and
Infrastructure Improvements Act of 2000 by
extending the deadline for eliminating the
adjudication backlog to 1 year from the date of
enactment of this act.
Sec. 435. Requires the Attorney General, in
Sec. 1122. Application of Internet-Based
consultation with the Technology Advisory
Technologies.
Committee, to establish an Internet-based system
Similar provision, except gives the Under
to check status of benefit applications, no later
Secretary 2 years to establish the system and
than 1 year after the enactment of this act.
conduct the study.
Also requires the Attorney General to conduct a
study to determine the feasibility of on-line filing,
and submit a report to Congress with the findings
of the study.

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CRS-142
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Establishes an advisory committee to assist
with establishing the internet-based tracking
system.
Sec. 1123. Alternatives to Detention of Asylum
Seekers.
Assigns asylum officers to major ports of entry to
assist in the inspection of asylum seekers; would
also amend INA to require the Under Secretary to
develop alternatives to the mandatory detention
of asylum applicants and specifies that the
alternatives considered should include: parole;
parole with assistance from nonprofit voluntary
agencies; non-secure shelters and group homes
operated by nonprofit voluntary agencies; and
noninstitutional settings for minors operated by
nonprofit voluntary agencies.
S. 2452, Title XI, Subtitle D–Effective
Date.
Sec. 1131. Effective Date.
Title XI and the amendments made by it shall
take effect one year after the effective date of
Division A of this Act.

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CRS-143
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
S. 2452, Title XII–
Unaccompanied Alien Child
Protection
Sec. 1201. Short Title.
“Unaccompanied Alien Child Protection Act of
2002.”
Sec. 436(g). Defines placement as placing an
Sec. 1202. Provides definitions for (1) Director,
unaccompanied minor in a detention facility or an
(2) Office, (3) Service, (4) unaccompanied alien
alternative facility; and unaccompanied alien
child, and (5) voluntary agency. Also provides
child as having no lawful immigration status in
definition for unaccompanied refugee children.
the U.S., being under the age of 18, having no
parent or legal guardian in the U.S., and having
no parent or legal guardian in the U.S. available
to provide care and physical custody for the
minor.
S. 2452, Title XII, Subtitle A —
Structural Changes.
Sec. 436 (a). Transfer functions with regard to the
Sec. 1211. Responsibilities of the Office of
care of unaccompanied minors to the Director of
Refugee Resettlement (ORR) with respect to
the Office of Refugee Resettlement of the
Unaccompanied Alien Children.
Department of Health and Human Services
Similar provision. Additionally charges the
(DHHS).
Director with the following: (1) convene, in the
Sec. 436 (b) Charges the Director with the
absence of the Assistant Secretary of the
following responsibilities: (1) coordinating and
Administration for Children and Families of
implementing law and policy pertaining to
DHHS, an interagency task force on
unaccompanied alien minors; (2) assuring that the
unaccompanied minors, and (2) identify a
unaccompanied minors’ interests are considered
sufficient number of persons, entities and
in all decisions pertaining to his/her care and
facilities to ensure the compliance with family
custody; (3) making placement determinations on
reunification provision (see Sections 1222 and
all unaccompanied minors in custody; (4)
1223) and (3) oversee such persons, entities and
implementing all placement decisions made by
facilities to ensure their compliance with
the Office; (5) implementing policies with regard
provisions.
to unaccompanied minors’ care and placement;
(6) identifying adequate and qualified individuals,
entities, and facilities to house unaccompanied
minors; (7) overseeing facilities and personnel
that house and care for unaccompanied minors;
(8) reuniting unaccompanied minors with their
parents abroad when appropriate; (9) compiling,
updating, and publishing on an annual basis a list
of professionals or entities qualified by states to

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CRS-144
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
provide guardian ad litem and attorney
representation services; (10) maintaining
statistics and other data on unaccompanied
minors including biographical information, the
date the minor came into custody, placement,
removal, or release information and an
explanation for all detention and release cases,
and information on dispositions pertaining to
unaccompanied minors; (11) collecting and
compiling statistics from DOJ, DHS and DOS on
each Department’s actions relating to
unaccompanied alien minors; and (12)
conducting investigations and inspections of
facilities that house unaccompanied minors. Also
would encourage use of refugee foster care
system already in place.
Sec. 1212. Establishment of Interagency Task
Force on Unaccompanied Alien Children.
Establishes an interagency task force on
unaccompanied alien children with
representatives from DHHS, DHS, and DOS and
other agencies designated by the President; the
DHHS Assistant Secretary for Children and
Families would chair the interagency task force.
Sec. 436 (d). Requires the transfer of all matters
Sec. 1213. Transition Provisions.
pertaining to the care of unaccompanied alien
Provides for the transfer of all functions,
children to the Director of the Office of Refugee
personnel, appropriations, and legal documents
Resettlement (ORR) of DHHS.
from INS to DHHS; would ensure that
proceedings would continue.
Sec. 1214. Effective Date.
This subtitle shall take effect one year after the
effective date of Division A of this Act.
S. 2452, Title XII, Subtitle B–Custody,
Release, Family Reunification, and
Detention.
Sec. 1221. Procedures When Encountering
Unaccompanied Alien Children.
Establishes procedures to handle unaccompanied
alien children at the border, or at ports of entry.
Allows for removal of child if deemed
inadmissible under the INA, unless the child is a
national of a country contiguous to the U.S. and
who fears persecution or would be harmed if

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CRS-145
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
returned to that country. Rights of consultation
of such child are stated
Places custody of all unaccompanied alien
children found in the interior of the United States
under the jurisdiction of the ORR, with exception
of children who have committed crimes and/or
threaten national security who remain in custody
of INS (Directorate of Immigration Affairs).
Sec. 1222. Family Reunification for
Unaccompanied Alien Children with Relatives in
the United States.
Encourages family reunification by requiring
ORR to place an unaccompanied alien child with
one of the following in order of preference: 1) a
parent; 2) a legal guardian; 3) an adult relative; 4)
an entity designated by the parent or legal
guardian; 5) a state-licensed juvenile shelter or
group home; or 6) other qualified adults or
entities.
Sec. 1223. Appropriate Conditions for Detention
of Unaccompanied Alien Children.
An unaccompanied alien child shall not be
placed in an adult detention facility or one
housing delinquent children; children exhibiting
violent or criminal behavior may be placed in an
appropriate facility.
Requires ORR to promulgate regulations
establishing appropriate standards and conditions
for the detention of unaccompanied alien
children, providing appropriate educational
services, medical care, mental health care, access
to telephones, access to legal services, access to
interpreters, supervision by professionals trained
in the care of children, recreational programs and
activities, spiritual and religious needs, and
dietary needs.
Prohibits shackling, handcuffing, or other
restraints; solitary confinement; or pat or strip
searches of children.
Sec. 1224. Repatriated Unaccompanied Alien
Children.
States a sense of Congress that the United
States should undertake efforts to ensure that it
does not repatriate children in its custody into

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CRS-146
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
settings that would threaten the life and safety of
the child.
Requires ORR to assess conditions of countries
to which alien children may be repatriated; would
require ORR to submit a report to Congress
providing information on efforts to repatriate
unaccompanied children.
Sec. 1225. Establishing the Age of an
Unaccompanied Alien Child.
Requires ORR to establish procedures for
determining age of children.
Sec. 1226. Effective Date.
Takes effect one year after the effective date of
Division A of this Act.
S. 2452, Title XII, Subtitle C – Access
by Unaccompanied Alien Children to
Guardians Ad Litem and Counsel.
Sec. 1231. Right of Unaccompanied Alien
Children to Guardians Ad Litem.
Requires ORR, no later than 72 hours after it
assumes custody of an unaccompanied alien
child, to appoint a guardian ad litem to look after
the child’s best interests.
Establishes qualifications, duties, and powers of
the guardian ad litem.
Sec. 1232. Right of Unaccompanied Alien
Children to Counsel.
Requires ORR to ensure that, with certain
exceptions, all unaccompanied alien children
have competent legal counsel appointed to
represent them in immigration proceedings.
Encourages ORR to utilize pro bono attorneys;
otherwise, the ORR would appoint government-
funded counsel. Specifies details of government
funded representation.
Sec. 1233. Effective Date; Applicability.
Sets effective date as one year after effective date
of enactment of Division A. Applies to all such
children in federal custody on, before, or after the
effective date of the subtitle.

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CRS-147
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
S. 2452, Title XII, Subtitle D —
Strengthening Policies for Permanent
Protection of Alien Children.
Sec. 1241. Special Immigrant Juvenile Visa.
Amends the special immigrant provisions in
§101(a) (27)(J) of INA to enable abused,
neglected and abandoned alien youths who
become wards of the court to adjust to legal
permanent resident status. (Denies any rights or
status from this provision to the parents of such
youth.)
Sec. 1242. Training for Officials and Certain
Private Parties Who Come into Contact with
Unaccompanied Alien Children.
DHHS and DHS jointly shall offer training to
state and local officials involved in dependency
proceedings, social service providers, as well as
DHS immigration personnel who come into
contact with unaccompanied alien children.
Sec. 1243. Effective Date.
The amendment made by Sec. 1241 applies to all
eligible children who were in the U.S. before, on,
or after the date of enactment of this Act.
S. 2452, Title XII, Subtitle E —
Children Refugee and Asylum Seekers.
Sec 1251. Guidelines for Children’s Asylum
Claims.
Expresses a sense of Congress commending the
INS for the issuance of its Guidelines for
Children’s Asylum Claims and requires the
Secretary of Homeland Security to provide
training to asylum officers, immigration judges,
members of the Board of Immigration Appeals
and immigration officers on these guidelines.
Sec 1252. Unaccompanied Refugee Children.
Requires an analysis of the situation faced by
unaccompanied refugee children around the
world and require training on the needs of these
children.

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CRS-148
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
S. 2452, Title XII, Subtitle F–
Authorization of Appropriations.
Sec 1261. Authorization of Appropriations.
Authorizes such sums as may be necessary to
carry out this title of the Act. Amounts
appropriated would remain available until
expended.

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CRS-149
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
S. 2452, Title XIII–Agency for
Immigration Hearings and
Appeals
S. 2452, Title XIII, Subtitle
A–Structure and Function.
Sec. 1301. Establishment
Establishes within the DOJ an agency for
immigration hearings and appeals; abolishes the
Executive Office for Immigration Review
Sec. 1302. Director of the Agency.
Head of the the Agency to be a Director
appointed by the President with the advice and
consent of the Senate. The Director appoints
other necessary officials.
Sec. 1303. Board of Immigration Appeals.
Provides statutory authority for the Board of
Immigration Appeals, with a chair and not less
than 14 other immigration appeals judges.
Describes jurisdiction and functions of the Board.
Sec. 1304. Chief Immigration Judge.
Provides statutory authority for a chief
immigration judge and immigration courts.
Sec. 1305. Chief Administrative Hearing Officer.
Provides statutory authority for a chief
administrative hearing officer.
Sec. 1306. Removal of Judges.
Provides that the Director may remove judges
only for good cause (including malfeasance and
neglect of duty) in consultation with Chief judge
in case of judges and Board Chair in cases of
Board members
Sec. 1307. Authorization of Appropriations.
Provides for such sums as may be necessary.
S. 2452, Title XIII, Subtitle B–Transfer
of Functions and Savings Provisions.
Sec. 1311. Transition Provisions.
Transfers EOIR’s functions, allocation of

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CRS-150
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
appropriations, personnel and legal documents to
a newly created agency in DOJ; all EOIR
decisions, orders, and proceedings would
continue in new agency
S. 2452, Title XIII, Subtitle C–Effective
Date.
Sec. 1321. Effective Date.
Takes effect one year after the effective date of
Division A of this Act.

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CRS-151
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
S. 2452, Division C — Federal
Workforce Improvement
S. 2452, Title XXI - Chief Human
Capital Officers
Sec. 2101. Short Title:
“Chief Human Capital Officers Act of 2002”
Sec. 2102. Agency Chief Human Capital
Officers.
Amends Part II of Title 5 United States Code by
adding a new Chapter 14 - Agency Chief Human
Capital Officers.
§1401. Establishment of agency Chief Human
Capital Officers (CHCOs).
Provides that the head of each agency (referred to
under 31 U.S.C. 901(b)(1)(2)) would appoint or
designate a CHCO who would advise and assist
the agency head and other agency officials in
carrying out the agency’s responsibilities for
selecting, developing, training, and managing a
high-quality, productive workforce in accordance
with merit system principles; and implement the
rules and regulations of the President and the
Office of Personnel Management (OPM) and the
laws governing the civil service within the
agency; and carry out such functions as his or her
primary duty.
§1402. Authority and functions of agency Chief
Human Capital Officers.
Specifies six functions for the CHCO, including
(1) setting the workforce development strategy of
the agency; (2) assessing workforce
characteristics and future needs based on the
agency’s mission and strategic plan; (3) aligning
the agency’s human resources policies and
programs with organization mission, strategic
goals, and performance outcomes; (4) developing
and advocating a culture of continuous learning
to attract and retain employees with superior
abilities; (5) identifying best practices and
benchmarking studies; and (6) applying methods
for measuring intellectual capital and identifying

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CRS-152
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
links of that capital to organizational performance
and growth.
Provides that CHCOs would have access to all
records, reports, audits, reviews, documents,
papers, recommendations, or other materials that
are the property of the agency or are available to
the agency; and relate to programs and operations
with respect to which the CHCO has
responsibilities. The CHCO could request such
information or assistance as may be necessary for
carrying out the duties and responsibilities
provided by Chapter 14 from any federal, state, or
local governmental entity.
Sec. 2103. Chief Human Capital Officers
Council.
Establishes a CHCO Council consisting of the
OPM Director who would be chairperson; the
OMB deputy Director of management who would
be vice chairperson; and CHCOs of executive
departments and any other members designated
by the OPM Director.
The council would meet periodically to advise
and coordinate the activities of the member
agencies on such matters as modernization of
human resources systems, improved quality of
human resources information, and legislation
affecting human resources operations and
organizations.
The CHCO Council would ensure that
representatives of federal employee labor
organizations are present at a minimum of one
meeting of the council each year. The
representatives would not be members of the
council.
Each year the CHCO Council would submit a
report to Congress on its activities.
Sec. 2104. Strategic Human Capital
Management.
Amends 5 U.S.C. 1103 by adding:
(c) OPM would design a set of systems, including
appropriate metrics, for assessing the
management of human capital by federal
agencies. The systems would be defined in OPM
regulations and include standards for (A) aligning
agency human capital strategies with their

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CRS-153
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
missions, goals, and organizational objectives and
integrating those strategies into agency budget
and strategic plans; (B) closing skill gaps in
mission critical occupations; (C) ensuring
continuity of effective leadership through
implementation of recruitment, development, and
succession plans; (D) sustaining a culture that
cultivates and develops a high performing
workforce; (E) developing and implementing a
knowledge management strategy supported by
appropriate investment in training and
technology; and (F) holding managers and human
resources officers accountable for efficient and
effective human resources management in
support of agency missions in accordance with
merit system principles.
Sec. 2105. Effective date.
Title XXI would become effective 180 days after
the enactment of Division C.

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CRS-154
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
S. 2452, Title XXII - Reforms
Relating to Federal Human
Capital Management
Sec. 2201. Inclusion of Agency Human Capital
Strategic Planning in Performance Plans and
Program Performance Reports.
Sec. 2201(a) amends 31 U.S.C. 1115(a)(3) to
read: “provide a description of how the
performance goals and objectives are to be
achieved, including the operational processes,
training, skills and technology, and the human,
capital, information, and other resources and
strategies required to meet those performance
goals and objectives.”
Redesignates 31 U.S.C. 1115(f) and inserts a new
(f) providing that with respect to each agency
with a CHCO, the CHCO would prepare that
portion of the annual performance plan described
under (a)(3) above.
Sec. 2201(b) amends 31 U.S.C. 1116(d) by
adding a new paragraph (5) (old (5) redesignated)
to require agencies to include a review of the
performance goals and evaluation of the
performance plan relative to the agency’s
strategic human capital management in program
performance reports.
Sec. 2202. Reform of the Competitive Service
Hiring Process.
Sec. 2202(a)(1) amends 5 U.S.C. 3304(a) by
adding a new paragraph (3) providing authority
for agencies to appoint, without regard to 5
U.S.C. 3309 through 3318, candidates directly to
positions for which public notice has been given
and OPM has determined that there exists a
severe shortage of candidates or there is a critical
hiring need. OPM regulations would prescribe
criteria for identifying such positions and may
delegate authority to make determinations under
such criteria.
Sec. 2202 (a)(2) provides for a new Title 5, Sec.
3319. Alternative ranking and selection

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CRS-155
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
procedures.
§3319(a) provides that OPM or an agency which
has been delegated examining authority may
establish category rating systems for evaluating
applicants for positions in the competitive
service. Applicants would be evaluated under
two or more quality categories, consistent with
OPM regulations, rather than be assigned
individual numerical ratings.
§3319(b) provides that within each quality
category, applicants who are eligible for veterans’
preference would be listed ahead of applicants
who are not eligible for preference. Except for
applicants for scientific and professional
positions at GS-9 (equivalent or higher), each
applicant who is a disabled veteran with a
compensable service-connected disability of 10%
or more would be listed in the highest quality
category.
§3319(c)(1) provides that an appointing official
could select any applicant in the highest quality
category, or, if fewer than three candidates have
been assigned to the highest quality category, in a
merged category consisting of the highest and the
second highest quality categories.
§3319(c)(2) provides that an appointing official
could not pass over a preference eligible in the
same category from which selection is made,
unless the requirements of 5 U.S.C. 3317(b) or
3318(b), as applicable, are satisfied.
§3319(d) provides that each agency that
establishes a category rating system would submit
in each of the three years following that
establishment, a report to Congress on the system
that would include information on the number of
employees hired under the system; the system’s
impact on the hiring of veterans and minorities,
including those who are American Indian or
Alaska Natives, Asian, Black or African
American, and native Hawaiian or other Pacific
Islander; and the way in which managers were
trained in the administration of the system.
§3319(e) provides that OPM could prescribe
regulations to carry out the provisions.
Section 442. Voluntary separation incentive
Section 2203. Permanent extension, revision, and
payments.
expansion of authorities for use of voluntary

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CRS-156
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
Allows the Attorney General or the Secretary to
separation incentive pay and voluntary early
offer voluntary separation incentive payments
retirement.
(VSIPs) not to exceed $25,000 to eligible
Defines “agency” and “employee” for the
employees of the Immigration and Naturalization
purposes of this section.
Service, Bureau of Border Security, and the
Requires agency heads to submit a plan to OPM
Bureau of Citizenship and Immigration Services.
for approval prior to committing resources for
VSIPs would be paid from funds appropriated for
voluntary separation incentive payments (VSIPs).
the employees’ basic pay. Require the Attorney
Delegates to the Office of Personnel Management
General and/or the Secretary to submit a strategic
(OPM) – in consultation with the Director of the
restructuring plan the appropriate committees of
Office of Management and Budget (OMB) –
Congress before obligating funds for VSIPs.
authority to review, modify, and approve requests
Requires agencies to make an additional payment
from federal departments and agencies to offer
to the Civil Service Retirement and Disability
VSIPs not to exceed $25,000 to retiring or
Fund (CSRDF) in each fiscal year that it makes
resigning employees in particular occupational
one or more VSIPs to eligible employees. The
groups, organizational units, or specific
payment to the CSRDF must be equal to the
geographic locations or based on skills,
greater of (1) the amount necessary to offset any
knowledge, or other factors related to a position.
additional costs to the CSRDF resulting from the
Requires VSIPs to be paid from funds or
separation of employees who receive VSIPS or
appropriations for the employees’ basic pay.
(2) 45% of the final basic pay of each employee
Places limitations on subsequent employment
who receives a VSIP. Does not require agencies
with the Government for those receiving VSIPs.
making VSIPs to reduce the number of full-time
Permits agencies with authority to offer VSIP on
equivalent positions within the agencies. Permits
the day of enactment to continue to exercise that
agencies to move the positions opened through
authority until it expires. Allows the
VSIPs to other occupations or locations.
Administrative Office of the United States Courts
to offer VSIPs similar to those in the executive
branch. Would not require agencies making
VSIPs to reduce the number of full-time
equivalent positions within the agencies.
Allows agencies undergoing substantial
restructuring, reorganization, or reduction in
force to offer voluntary early retirement with a
reduced annuity to employees who are at least age
50 with 20 years of service or of any age with at
least 25 years of service.
States sense of the Congress that these provisions
are intended to reshape the federal workforce not
downsize the federal workforce.
Sec. 2204. Student Volunteer Transit Subsidy.
Sec. 2204(a) amends 5 U.S.C. 7905(a)(1) to
provide that a student who provides voluntary
services would be eligible for a transit subsidy.
Sec. 2204(b) makes a conforming amendment at
5 U.S.C. 3111(c)(1).

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CRS-157
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
S. 2452, Title XXIII, Reforms
Relating to the Senior
Executive Service
Sec. 2301. Repeal of Recertification
Requirements of Senior Executives.
Repeals 5 U.S.C. 3393a for members of the
Senior Executive Service.
Also provides technical corrections to eliminate
language in current sections that refer to a failure
to be recertified: 5 U.S.C. 3592a, 3593(a),
3594(b), 7701(c)(1)(a), 8336(h)(1), 8339(h),
8414(a)(1), and 8421(a)(2).
Sec. 2302. Adjustment of Limitation on Total
Annual Compensation.
Adds a new paragraph, 5 U.S.C. 5307(a)(3), that
changes, for certain staff, the cap on total annual
compensation to the Vice President’s salary. The
proposal applies specifically to federal employees
covered by 5 U.S.C. 5376 (personnel in scientific
and professional positions or “positions classified
above GS-15” usually referred to as senior level),
as well as to members of the Senior Executive
Service under 5 U.S.C. 5383.
Also contains language which authorizes OPM,
when developing regulations under 5 U.S.C.
5307, to apply the new cap to “other equivalent
categories of employees.”

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CRS-158
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
S. 2452, Title XXIV - Academic
Training
Sec. 2401. Academic Training.
Amends 5 U.S.C. 4107 as follows:
§4107. Academic degree training.
§4107(a) renames the section as “Academic
degree training” and provides that an agency
could select and assign an employee to academic
degree training and could pay or reimburse the
costs of the training from appropriated or other
available funds. The training would have to
contribute significantly to meeting an identified
agency training need, to resolving an identified
agency staffing problem, or to accomplishing
goals in the agency’s strategic plan; be part of a
planned, systematic, and coordinated agency
employee development program linked to
accomplishing the agency’s strategic goals; and
be accredited and provided by a college or
university that is accredited by a nationally
recognized body.
§4107(b) provides that in exercising the
authority, an agency would, consistent with the
merit system principles at 5 U.S.C. 2301(b)(2)
and (7), consider the need to maintain a balanced
workforce in which women, members of racial
and ethnic minority groups, and persons with
disabilities are appropriately represented in
government service and provide employees
effective education and training to improve
organizational and individual performance. The
agency also would assure that the training is not
for the sole purpose of providing an employee
with an opportunity to obtain an academic degree
or to qualify for appointment to a particular
position for which the degree is a basic
requirement; and assure that no authority is
exercised on behalf of any employee occupying
or seeking to qualify for a noncareer appointment
in the Senior Executive Service; or appointment
to any position that is excepted from the
competitive service because of its confidential
policy-determining, policy-making, or policy-
advocating character. The agency would to the

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CRS-159
H.R. 5005, as passed by the House
S. 2452, Lieberman Substitute agreed to
July 26, 2002
by Committee, July 25, 2002
greatest extent practicable, facilitate the use of
online degree training.
Sec. 2402. Modifications to National Security
Education Program.
Modifies current law to provide that citizens who
receive National Security Education Program
scholarships or fellowships but can demonstrate
that no national security positions are available
may fulfill their responsibilities by working in
other federal positions in agencies without
national security responsibilities, or in the field of
higher education in a discipline related to the
field of study for which the scholarship or
fellowship was awarded.
Sec. 2403. Compensatory Time Off For Travel.
Amends 5 U.S.C. Subchapter V, Chapter 55 by
adding:
§5550b. Compensatory time off for travel.
An employee would receive one hour of
compensatory time off for each hour spent by the
employee in travel status away from his or her
official duty station, to the extent that the time
spent in travel status is not otherwise
compensable. OPM would prescribe regulations
not later than 30 days after this section’s
enactment.

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CRS-160
Appendix A
Positions Created and Compensation
H.R. 5005, as passed
S. 2452, Lieberman Substitute agreed to by
July 26, 2002
Committee, July 25, 2002
Sec. 102. Secretary; Functions.
Sec. 102. Secretary of Homeland Security.
Sec. 102(a) Establishes position of Secretary,
Sec. 102(a) Establishes position of Secretary,
appointed by President subject to Senate
appointed by President subject to Senate
confirmation (PAS), at the head of DHS. Vests
confirmation (PAS), at the head of DHS.
functions of all subordinate employees and units
[Vesting of all authority, functions, and ability to
in the Secretary. Responsibilities and authority
delegate not specified.] Responsibilities
identified in other parts of sec. 102 and
identified in other parts of sec. 102 and
elsewhere.
elsewhere.
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. 103 Other Officers
Sec. 103 Deputy Secretary of Homeland Security
Sec. 103(a) Establishes Deputy Secretary and
Sec. 103(a) Establishes Deputy Secretary of
under secretaries as PAS positions; Deputy will
Homeland Security as PAS position.
be first assistant.
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
Sec. 132(a)(2) Establishes Under Secretary for
Information Analysis and Infrastructure
Intelligence as PAS position with responsibilities
Protection as PAS position (responsibilities
described in sec. 132(b).
identified in Title II).
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
Science and Technology as PAS position
Science and Technology as PAS position and
(responsibilities, see Title III).
identifies responsibilities of that position.
Sec. 103(a)(4) Establishes Under Secretary for
Sec. 131(a)(2) Establishes Under Secretary of
Border and Transportation Security as PAS
Border and Transportation Protection as a PAS
position (responsibilities, see Title IV).
position with responsibilities identified in sec.
131(b).

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CRS-161
H.R. 5005, as passed
S. 2452, Lieberman Substitute agreed to by
July 26, 2002
Committee, July 25, 2002
Sec. 103(a)(5) Establishes Under Secretary for
Sec. 134(a)(2) Establishes Under Secretary of
Emergency Preparedness and Response as PAS
Emergency Preparedness and Response as a PAS
position (responsibilities, see Title V).
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
Sec. 104. Establishes Under Secretary for
Management as PAS position (responsibilities,
Management as PAS position. Directs Under
see Title VI).
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)
Sec. 105. Establishes assistant secretaries, nte
four assistant secretaries as PAS positions.
five (not including two assistant secretaries
identified below), as PAS positions. General
Sec. 103(d)(2) Establishes nte eight assistant
responsibilities will be described by President
secretaries, appointed by President and not
when submitting nomination; functions will then
subject to confirmation (PA).
be assigned as Secretary determines appropriate.
Sec.412(a)(2) Establishes Assistant Secretary of
Sec. 1104 (a) Establishes Assistant Secretary for
the Bureau of Border Security reporting to the
Immigration Affairs within the Bureau of
Under Secretary [Not clear if this is one of those
Immigration Services, appointed by Secretary in
specified in 103(a)(7), 103(d)(2), or neither.]
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. 1105 (a) Establishes Assistant Secretary for
Enforcement and Border Affairs within the
Bureau of Enforcement and Border Affairs,

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CRS-162
H.R. 5005, as passed
S. 2452, Lieberman Substitute agreed to by
July 26, 2002
Committee, July 25, 2002
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
Sec. 107(a) Chief Financial Officer position
created as PAS position. Procedure for
created, to be appointed or designated as
appointment of CFO akin to that for existing
prescribed in sec. 901(a)(1) of 31 U.S.C. (as for
positions under the CFO Act of 1990 (see
existing CFOs in cabinet departments: CFO to be
adjacent entry).
nominated by President and confirmed by Senate,
or designated from among agency officials so
Sec. 103(e) Performance of specific functions.
appointed.)
[CFO included] “shall perform the functions
specified by law for the official’s office or
Sec. 107(b) Chief Financial Officer in DHS.
prescribed by the Secretary.” [CFO
Technical and conforming amendment to bring
apparently to be position created de novo, not
position fully under Chapter 9 of 31 USC, with
formally under Chapter 9 of Title 31.]
same authority and functions as for other agency
CFOs, and with creation of a Deputy Chief
Sec. 421(e) Establishes Chief Budget Officer for
Financial Officer in DHS.
the Bureau of Citizenship and Immigration
Services in the Department of Justice.
Sec. 1103 Establishes a Chief Financial Officer
Responsibilities are identified in the same
for the Directorate of Immigration Affairs as a
section.
career-reserved Senior Executive Service (SES)
position, with authorities and functions
prescribed in 31 U.S.C. 901(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.
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
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.

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CRS-163
H.R. 5005, as passed
S. 2452, Lieberman Substitute agreed to by
July 26, 2002
Committee, July 25, 2002
Sec. 103(b) Establishes Inspector General (IG) –
Sec. 106. Establishes Inspector General (IG) as
appointed under provisions of IG Act of 1978
PAS position under the provisions of Inspector
(PAS position).
General Act of 1978, as amended by this Act.
Sec. 701 Gives Secretary greater authority,
Directs IG to designate an official to review
direction, and control over the IG in certain areas;
information and receive complaints regarding
allows the Secretary to prohibit certain
alleged civil rights and civil liberties abuses by
investigations under certain circumstances;
the department, to publicize such a process, and
requires the Secretary notify the IG and the IG
to report to Congress semi-annually on
transmit that notification, with comment, to the
implementation of this function, findings and
President of the Senate, the Speaker of the House,
expenditures. Gives Secretary greater authority,
and appropriate committees and subcommittees
direction, and control over the IG in certain areas;
of Congress; provides that the Secretary’s
allows Secretary to prohibit certain investigations
prohibition authority does not limit the right of
under certain circumstances; and requires
Congress or congressional committees to
Secretary notify the IG and the IG transmit that
information; and specifically provides for IG
notification, with comment, to the President of
oversight of internal investigations by the office
the Senate, the Speaker of the House, the Senate
of Internal Affairs of the U.S. Customs Service
Governmental Affairs Committee, the House
and the Office of Inspections of the U.S. Secret
Committee on Government Reform and other
Service.
appropriate committees and subcommittees of
Congress. Provides for the interaction between IG
Sec. 815 Provides for continuity between prior IG
and other offices performing internal
and new department IG.
investigation and auditing functions, including
assignment to the IG of oversight responsibility
Sec. 901 Provides conforming and technical
for internal investigations and audits by any other
amendments for the Inspector General Act of
office in the department; communication of the
1978.
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. 103(c) Establishes Commandant of the
Sec. 131(c)(2) Stipulates Coast Guard will be a
Coast Guard, appointed as provided in 14 U.S.C.
distinct entity.
44 (PAS position), with duties specified in 14
U.S.C. 2.. Reports directly to the Secretary.
Sec. 131(e)(6) Provides that the Commandant
Sec. 402(2) Stipulates Coast Guard will be a
will report directly to the Secretary.
distinct entity.
Sec. 103(d)(1) Establishes General Counsel as
Sec. 109. Establishes General Counsel as a PAS
PA position and as chief legal officer of the
position. Directs General Counsel to serve as the
department.
chief legal officer of the department; provide
legal assistance to the Secretary concerning the
Sec. 421(d) Establishes a General Counsel for the
programs and policies of the department; and
Bureau of Citizenship and Immigration Services
advise and assist the Secretary in carrying out the
in the Department of Justice. Responsibilities are
responsibilities his or her responsibilities.
identified in the same section.
Sec. 1103 Establishes General Counsel for the
Directorate of Immigration Affairs, appointed by

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CRS-164
H.R. 5005, as passed
S. 2452, Lieberman Substitute agreed to by
July 26, 2002
Committee, July 25, 2002
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) Establishes Director of Secret
Sec. 138 Maintains U.S. Secret Service as a
Service as PA position.
“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
Sec. 108. Chief Information Officer, designated
Officer (CIO) as a PA position.
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. 205 Provides that the Secretary will appoint
Sec. 111 Establishes Privacy Officer, to be
a “senior official as Privacy Officer, with
appointed by the Secretary, with responsibilities
responsibilities identified in Sec. 205.
identified in sec. 111(b).
Sec. 412(b) Establishes Chief of Policy and
Sec. 1103 Establishes Chief of Policy of the
Strategy for the Bureau of Border Security.
Directorate of Immigration Affairs as a Senior
Responsibilities identified in the same section.
Executive Service Position under 5 U.S.C. 5382
with responsibilities identified under the same
Sec. 421(c) Establishes a Chief of Policy and
section.
Strategy for the Bureau of Citizenship and
Immigration Services in the Department of
Justice. Responsibilities are identified in the same
section.
Sec. 412(c) Establishes Citizenship and
Immigration Services Liaison for the Bureau of
Border Security. Responsibilities identified in the
same section.
Sec. 421(a) Establishes an Assistant Attorney
Sec. 1103 Establishes Under Secretary for
General for the Bureau of Citizenship and
Immigration Affairs to be appointed in
Immigration Services in the Department of
accordance with sec. 103(c) of the Immigration
Justice. Responsibilities are identified in the same
and Nationality Act with responsibilities
section. Additional responsibilities are identified
described in the same section.
in secs. 423 and 424.
Sec. 421(f) Establishes a Chief of Congressional,
Sec. 1103 Establishes Chief of Congressional,
Intergovernmental, and Public Affairs for the
Intergovernmental, and Public Affairs of the
Bureau of Citizenship and Immigration Services
Directorate of Immigration Affairs as a Senior
in the Department of Justice. Responsibilities are
Executive Service Position under 5 U.S.C. 5382
identified in the same section.
with responsibilities identified under the same

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CRS-165
H.R. 5005, as passed
S. 2452, Lieberman Substitute agreed to by
July 26, 2002
Committee, July 25, 2002
section.
Sec. 421(g) Establishes a Border Security Liaison
for the Bureau of Citizenship and Immigration
Services in the Department of Justice.
Responsibilities are identified in the same
section.
Sec. 421(h) Establishes a Chief of the Office of
Citizenship for the Bureau of Citizenship and
Immigration Services in the Department of
Justice. Responsibilities are identified in the same
section.
Sec. 422 Establishes a Citizenship and
Sec. 1106 Establishes Ombudsman for the
Immigration Services Ombudsman in the
Directorate of Immigration Affairs, appointed by
Department of Justice. Responsibilities are
the Secretary in consultation with the Under
identified in the same section.
Secretary and reporting to the Under Secretary,
with responsibilities identified in the same
section. To be compensated at the same rate as
the highest rate of basic pay under the SES or at a
rate set by the Secretary in accordance with 5
U.S.C. 9503.
Sec. 425 Establishes Director of the Office of
Sec. 1107 Establishes Director of the Office of
Immigration Statistics in the Bureau of Justice
Immigration Statistics for the Directorate of
Statistics at the Justice Department, appointed by
Immigration Affairs, appointed by the Secretary
the Attorney General. Responsibilities are
in consultation with the Under Secretary, with
identified in the same section.
responsibilities identified in the same section.
Sec. 451 (b) Establishes Commissioner of
Sec. 131(c)(1) Places the Customs Service in the
Customs as PAS position, to be compensated at
Directorate of Border and Transportation
Level III of the Executive Schedule.
Protection as a “distinct entity.”
Responsibilities are identified in the succeeding
sections.
Sec. 604 Establishes Director of the Office of
Sec. 110. Establishes Civil Rights Officer as a
Civil Rights and Civil Liberties. Responsibilities
PAS position, with responsibilities identified in
identified in the same section.
sec. 110(b).
Sec. 769 Establishes Counternarcotics Officer,
appointed as “a senior official” by the Secretary.
Responsibilities identified in the same section.
Sec. 770 Establishes Director of the Office of
Sec. 113 Establishes Director of the Office of
International Affairs to be appointed by the
International Affairs to be appointed by the
Secretary; responsibilities identified in same
Secretary; responsibilities identified in sec.
section.
113(b).

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CRS-166
H.R. 5005, as passed
S. 2452, Lieberman Substitute agreed to by
July 26, 2002
Committee, July 25, 2002
Sec. 777 Establishes Office for State and Local
Sec. 137(c)(1)(A) Establishes Chief Homeland
Government Coordination within the Office of
Security Liaison Officer, appointed by the
the Secretary.
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. 1006 Establishes Executive Secretary of
Homeland Security Council as PA position to be
compensated at a rate nte the rate for the
Executive Secretary of the National Security
Council.
Sec. 112. Chief Human Capital Officer.
The Secretary would appoint or designate a Chief
Human Capital Officer (CHCO) who would
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 recruitment and retention policies of
the department 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).
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. 171(i) Instructs the Director of the Office of
Management and Budget to designate, with the
President’s approval, a “principal officer” to carry
out duties related to the interoperability of
information systems, as described in other
subsections of sec. 171.
Sec. 183(c) During the transition, pending the
confirmation process, the President may
designate any PAS position-holder to continue

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CRS-167
H.R. 5005, as passed
S. 2452, Lieberman Substitute agreed to by
July 26, 2002
Committee, July 25, 2002
until the office is filled. Compensation is also
specified. Vacancy Act provisions are applicable
(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. 1302 Establishes Director of the Agency for
Immigration Hearings and Appeals within the
Department of Justice (DOJ) as a PAS position,
with authority and responsibilities identified in
the same section. Included is the power to
appoint inferior officers.
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.
Sect. 1304 Establishes Chief Immigration Judge
in the Agency for Immigration Hearings and
Appeals in DOJ, appointed by the Director, with
qualifications, duties, authority, and jurisdiction
identified in the same section.
Sec. 1305 Establishes Chief Administrative
Hearing Officer in the Agency for Immigration
Hearings and Appeals in DOJ, with duties
identified in the same section.
Sec. 2102(a) Creates, for each federal agency in
31 U.S.C. 901(b)(1) and (2), a Chief Human
Capital Officer, appointed by the head of the
agency, with responsibilities, authorities, and
functions identified in the same section. (Pay
level is not identified.)

---

CRS-168
H.R. 5005, as passed
S. 2452, Lieberman Substitute agreed to by
July 26, 2002
Committee, July 25, 2002
Compensation
Sec. 902 Provides that appointed officials will be
Sec. 114 Provides that Secretary will be
compensated on the Executive Schedule as
compensated at Executive Schedule Level I, the
follows:
Deputy at Level II, the Under Secretary of
Management at Level III, and the Assistant
Secretary: Level I
Secretaries of Homeland Security, the Inspector
Deputy Secretary: Level II
General, the Chief Financial Officer, the Chief
Under Secretaries: Level III
Information Officer, and the General Counsel at
Assistant Secretaries, General Counsel, Chief
Level IV.
Financial Officer, Chief Information Officer, and
Inspector General: Level IV
Sec. 140 Provides that each Under Secretary
except the Under Secretary for Management will
be compensated at Level III of the Executive
Schedule.
Sec. 1103 Provides that the “‘Under Secretary of
Immigration Affairs, Department of Justice’” will
be compensated at Executive Schedule Level III.
[No provision for the creation of this position.]

---

CRS-169
Appendix B
Creating a Department of Homeland Security: CRS Experts
Areas of Expertise
Government Organization
•
Departmental Structure and Administration
Administrative Structure
Mission and Operations
•
Border and Transportation Security
Border Patrol and Surveillance
Foreign Cooperation
Immigration and Foreign Visitors
Operational Assets
Trade/Imports
Transportation Systems
•
Catastrophic Terrorism Preparedness and Response
Catastrophic Terrorist Threats
Coordination with Other Federal Departments
Establishing Guidelines for State and Local Efforts
Public Health Counter Measures
•
Emergency Preparedness and Response
Preparedness (state, local and federal
Response, Federal
Recovery Assistance
•
Information Analysis and Infrastructure Protection
Threat Assessment
Accessing Terrorist Threat Information
Analyzing Information: DHS Processes
Coordinating and Information Sharing, by Agency
Disseminating Information and Warnings about Terrorist Threats
Limiting Use of Intelligence Information
Critical Infrastructure Security
Specific Sectors: Assessing Vulnerabilities, Planning and Implementation
Operational Assets
•
Additional operations
•
Secret Service
Budget
Budget and Appropriations

---

CRS-170
Congressional Organization and Procedure
•
Legislative Organization and Procedure
•
Budget Procedure
Departmental Structure and Administration
Overall structure and organization
Harold Relyea
Specialist in American National Government
7-8679
Fred Kaiser
Specialist in American National Government
7-8682


Administrative structure
Sharon Gressle
Specialist in American National Government
7-8677
•
Administrative law judges
Diane Duffy
Legislative Attorney
7-2431
•
Advisory bodies
Stephanie Smith
Analyst in American National Government
7-8674
•
Financial management
Virginia McMurtry
Specialist in American National Government
7-8678
•
Information management
Jeffrey Seifert
Analyst in Information Science and Technology
7-0781
•
Inspectors general
Fred Kaiser
Specialist in American National Government
7-8682
Diane Duffy
Legislative Attorney
7-2431
•
Personnel, human resource management
Barbara Schwemle
Analyst in American National Government
7-8655
•
Collective bargaining
Gail McCallion
Specialist in Social Legislation
7-7758

---

CRS-171
Jon Shimabukuro
Legislative Attorney
7-7990
•
Procurement
Stephanie Smith
Analyst in American National Government
7-8674
Border and Transportation Security
Mission:
scope, magnitude, relationship to departmental mission; functions and their
interrelationships
Bill Robinson
Senior Specialist in Social Legislation
7-2092
Bill Krouse
Analyst in Social Legislation
7-2225
Border surveillance
•
Airports
Bob Kirk
Economic Analyst, Transportation
7-7769
•
Airspace Christopher
Bolkcom
Analyst in National Defense
7-2577
•
Land borders
Lisa Seghetti
Analyst in Social Legislation
7-4669
Bill Krouse
Analyst in Social Legislation
7-2225
•
Seaports
Martin Lee
Specialist in Environmental Policy
7-7260
John Frittelli
Analyst in Transportation
7-7033
•
Waterways
Martin Lee
Specialist in Environmental Policy
7-7260

---

CRS-172
John Frittelli
Analyst in Transportation
7-7033
•
Foreign cooperation:
•
Canada
Carl Ek
Specialist in International Relations
7-7286
•
Mexico
Larry Storrs
Specialist in Latin American Affairs
7-7672
•
Other
Francis Miko
Specialist in International Relations
7-7670
Immigration and foreign visitors
•
Immigration
Ruth Wasem
Specialist in Social Legislation
7-7342
Lisa Seghetti
Analyst in Social Legislation
7-4669
•
Border “look out” systems
Bill Krouse
Analyst in Social Legislation
7-2225
•
Illegal entry
Ruth Wasem
Specialist in Social Legislation
7-7342
Lisa Seghetti
Analyst in Social Legislation
7-4669
•
Issuing visas
Ruth Wasem
Specialist in Social Legislation
7-7342
•
Tracking aliens
Ruth Wasem
Specialist in Social Legislation
7-7342
Lisa Seghetti
Analyst in Social Legislation
7-4669

---

CRS-173
Operational assets
•
Animal and Plant Health Inspection Service
Jean Rawson
Specialist in Agriculture and Food Policy
7-7283
•
Coast Guard
Martin Lee
Specialist in Environmental Policy
7-7260
•
Customs Service
Bill Krouse
Analyst in Social Legislation
7-2225
•
Federal Protective Service
Stephanie Smith
Analyst in American National Government
7-8674
•
Immigration and Naturalization Service
Ruth Wasem
Specialist in Social Legislation
7-7342
Lisa Seghetti
Analyst in Social Legislation
7-4669
•
State Department, Consular Affairs
Susan Epstein
Specialist in Foreign Policy and Trade
7-6678
•
Transportation Security Administration
Bob Kirk
Economic Analyst, Transportation
7-7769
Trade/Imports
•
Agricultural commodity and food inspection
Jean Rawson
Specialist in Agriculture and Food Policy
7-7283
•
Customs
Bill Krouse
Analyst in Social Legislation
7-2225
Transportation systems
•
Air
Bob Kirk
Economic Analyst, Transportation
7-7769

---

CRS-174
•
Land
Bob Kirk
Economic Analyst, Transportation
7-7769
•
Sea
John Frittelli
Analyst in Transportation
7-7033
Catastrophic Terrorism Preparedness and Response
Mission: magnitude, importance, relationship to
P. Royal Shipp
departmental mission
Senior Specialist in Social Legislation
7-1421
Developing a national counter terrorism policy
Eric Fischer
Senior Specialist in Science and Technology
7-7071
Research and development
Jean Knezo
Specialist in Science and Technology Policy
7-6610
Mike Davey
Specialist in Science and Technology
7-7074
Catastrophic terrorist threats
•
Biological
Steve Redhead
Specialist in Life Sciences
7-2261
Steve Bowman
Specialist in National Defense
7-7613
Frank Gottron
Analyst in Science and Technology
7-5854
•
Chemical
Steve Bowman
Specialist in National Defense
7-7613
Frank Gottron
Analyst in Science and Technology
7-5854

---

CRS-175
•
Drug Safety
Diane Duffy
Legislative Attorney
7-2431
Donna Vogt
Specialist in Life Sciences
7-7285
•
Food Safety
Donna Vogt
Specialist in Life Sciences
7-7285
•
Nuclear/Radiological Dan
Morgan
Analyst in Science and Technology
7-5849
Jon Medalia
Specialist in National Defense
7-7632
Coordinating with other federal departments
•
Dept. of Defense
Steve Bowman
Specialist in National Defense
7-7613
•
Dept. of Energy
Dan Morgan
Analyst in Science and Technology
7-5849
•
Dept. of Health and Human Services
Richard Price
Specialist in Social Legislation
7-7370
•
Dept. of Veterans Affairs
Denny Snook
Specialist in Social Legislation
7-7314
Establishing guidelines for state and local efforts
Denny Snook
Specialist in Social Legislation
7-7314
Public health counter measures
•
Biological and biomedical research
Eric Fischer
Senior Specialist in Science and Technology
7-7071

---

CRS-176
Steve Redhead
Specialist in Life Sciences
7-2261
•
Infectious disease (including vaccines) R&D
Judy Johnson
Specialist in Life Sciences
7-7077
•
Quarantine and isolation authority
Angie Welborn
Legislative Attorney
7-0831
•
Public Health Service
Richard Price
Specialist in Social Legislation
7-7370
Pam Smith
Analyst in Life Sciences
7-7048
Emergency Preparedness and Response
Mission, overview of functions/structures
Keith Bea
Specialist in American National Government
7-8672
Linda-Jo Schierow
Specialist in Environmental Policy
7-7279
Challenges/risk assessment Rob
Buschmann
Analyst in American National Government
7-8849
Government finance
Steve Maguire
Economic Analyst, Public Finance
7-7841
Preparedness (state, local and federal)
•
Preparedness training and training evaluation
Ben Canada
Analyst in American National Government
7-0632
•
Grant programs for first responders,
Ben Canada
consolidating federal authority
Analyst in American National Government
7-0632

---

CRS-177
•
Firefighters
Len Kruger
Specialist in Science and Technology
7-7070
•
Police
Bill Ellis
Senior Specialist in American National Government and Public Administration
7-6928
•
Public health personnel
Pam Smith
Analyst in Life Sciences
7-7048
Steve Redhead
Specialist in Life Sciences
7-2261
•
Communications, interoperability
Linda Moore
Analyst in Telecommunications and Technology Policy
7-5853
•
Federal entities, preparedness, dismissals and evacuations
Elaine Halchin
Analyst in American National Government
7-0646
•
District of Columbia preparedness
Eugene Boyd
Analyst in American National Government
7-8689
Response, federal
Keith Bea
Specialist in American National Government
7-8672
•
Disaster Emergency Support Teams
Bill Krouse
Analyst in Social Legislation
7-2225
•
Metropolitan Medical Response System
Pam Smith
Analyst in Life Sciences
7-7048
•
National Disaster Medical System
Steve Redhead
Specialist in Life Sciences
7-2261

•
Strategic National Stockpile (National Pharmaceutical Stockpile)
Pam Smith
Analyst in Life Sciences
7-7048
•
Coordinating other federal response assets

---

CRS-178
•
HHS public health assets
Pam Smith
Analyst in Life Sciences
7-7048
Steve Redhead
Specialist in Life Sciences
7-2261
•
National Guard
Bob Goldich
Specialist in National Defense
7-7633
•
National Guard WMD Civil Support Teams
Steven Bowman
Specialist in National Defense
7-7613
•
Nuclear emergency response [NIRT]
Jon Medalia
Specialist in Energy Policy
7-7632
Recovery assistance
Ben Canada
Analyst in American National Government

7-0632
•
Insurance protection
Rawle King
Analyst in Industrial Economics
7-5975
Roy Woodall2
Consultant
7-6103
•
Victim assistance
Bill Ellis
Senior Specialist in American National Government and Public Administration
7-6928
Information Analysis and Infrastructure Protection
Threat Assessment
Mission: magnitude, importance, relationship to departmental mission
Dick Best
Specialist in National Defense
7-7607
2 This person is a contract consultant with CRS on a temporary basis, preparing products for
the Service on the topic indicated. Such consultants, who are knowledgeable in the subject
area for which they are listed, are available to discuss issues related to their contract
products. They are also positioned to place congressional clients in touch with appropriate
permanent CRS staff as needed.

---

CRS-179
Elizabeth Bazan
Legislative Attorney
7-6190
Bill Krouse
Analyst in Social Legislation
7-2225
Accessing terrorist threat information
•
From intelligence agencies
Dick Best
Specialist in National Defense
7-7607
•
From law enforcement agencies
Bill Krouse
Analyst in Social Legislation
7-2225
Analyzing information: DHS processes
Dick Best
Specialist in National Defense
7-7607
Limiting use of intelligence information
•
Establishing rules, role of CIA
Dick Best
Specialist in National Defense
7-7607
•
Use of “raw intelligence” in DHS
Dick Best
Specialist in National Defense

7-7607
•
Use in judicial proceedings
Elizabeth Bazan
Legislative Attorney
7-6190
Disseminating information and warnings about terrorist threats
Bill Krouse
Analyst in Social Legislation
7-2225
Coordinating and information sharing, by agency
•
CIA
Dick Best
Specialist in National Defense
7-7607
•
FBI
Bill Krouse
Analyst in Social Legislation
7-2225

---

CRS-180
Elizabeth Bazan
Legislative Attorney
7-6190
•
NSA
Dick Best
Specialist in National Defense
7-7607
•
State and local law enforcement agencies
David Cavanagh3
Consultant
7-4896
Information Analysis and Infrastructure Protection
Critical Infrastructure Security
Mission: magnitude, importance, relationship to departmental mission
Michael Davey
Specialist in Science and Technology
7-7074
Jack Moteff
Specialist in Science and Technology
7-1435
Policy, organization, and operations - across all infrastructures
Michael Davey
Specialist in Science and Technology
7-7074
Jack Moteff
Specialist in Science and Technology
7-1435
Specific sectors: assessing vulnerabilities, planning and implementation
•
Agriculture
Jean Jones
Specialist in Agriculture and Food Policy
7-7331
•
Banking and finance
Barbara Miles
Specialist in Financial Institutions
7-7804
3 This person is a contract consultant with CRS on a temporary basis, preparing products for
the Service on the topic indicated. Such consultants, who are knowledgeable in the subject
area for which they are listed, are available to discuss issues related to their contract
products. They are also positioned to place congressional clients in touch with appropriate
permanent CRS staff as needed.

---

CRS-181
•
Chemical
Linda-Jo Schierow
Specialist in Environmental Policy
7-7279
•
Defense industry
Daniel Else
Analyst in National Defense
7-4996
•
Emergency systems
Linda Moore
Analyst in Telecommunications and Technology Policy
7-5853
•
Energy
Carl Behrens
Specialist in Energy Policy
7-8303
•
Food
Jean Jones
Specialist in Agriculture and Food Policy
7-7331
•
Health services
Paul Irwin
Specialist in Social Legislation
7-7573
•
Information networks and telecommunications
Jack Moteff
Specialist in Science and Technology
7-1435
•
E-government
Jeff Seifert
Analyst in Information Science and Technology
7-0781
•
National monuments and icons
Carol Hardy-Vincent
Specialist in Natural Resources Policy
7-8651
•
Postal and shipping
Nye Stevens
Specialist in American National Government
7-0208
•
Transportation
John Fischer
Specialist in Transportation
7-7766
•
Airports
Bob Kirk
Economic Analyst, Transportation
7-7769

---

CRS-182
Dan Morgan
Analyst in Science and Technology
7-5849
•
Amtrak/Transit
Randy Peterman
Analyst in Transportation
7-3267
•
Pipeline
Paul Rothberg
Specialist in Science and Technology
7-7012
•
Ports/Waterways
John Frittelli
Analyst in Transportation
7-7033
•
Railroads (freight)
John Frittelli
Analyst in Transportation
7-7033
•
Water
Claudia Copeland
Specialist in Resources and Environmental Policy
7-7227
•
Drinking
Mary Tiemann
Specialist in Environmental Policy
7-5937
•
Resources
Betsy Cody
Specialist in Natural Resources Policy
7-7229
Operational assets
•
Critical Infrastructure Assurance Office (from Department of Commerce)
•
Computer Security Division (from NIST)
•
Federal Computer Incident Response Center (from GSA)
•
National Communications System (from Department of Defense)
•
National Infrastructure Protection Center (from the FBI)
•
National Infrastructure Simulation and Analysis Center (from Department of Energy)
Jack Moteff
Specialist in Science and Technology
7-1435
Secret Service
Fred Kaiser
Specialist in American National Government
7-8682

---

CRS-183
Budget and Appropriations
Homeland Security
Paul Irwin
Specialist in Social Legislation
7-7573
Agriculture
Ralph Chite
Specialist in Agricultural Policy
7-7296
Commerce, Justice, State, and the Judiciary
Susan Epstein
Specialist in Foreign Policy and Trade
7-6678
Defense
Stephen Daggett
Specialist in National Defense
7-7642
Amy Belasco4
Consultant
7-7627
District of Columbia
Eugene Boyd
Analyst in American National Government
7-8689
Energy and Water
Carl Behrens
Specialist in Energy Policy
7-8303
Marc Humphries
Analyst in Energy Policy
7-7264
Foreign Operations
Larry Nowels
Specialist in Foreign Affairs
7-7645
Interior
Carol Hardy Vincent
Specialist in Natural Resources Policy
7-8651
4 This person is a contract consultant with CRS on a temporary basis, preparing products for
the Service on the topic indicated. Such consultants, who are knowledgeable in the subject
area for which they are listed, are available to discuss issues related to their contract
products. They are also positioned to place congressional clients in touch with appropriate
permanent CRS staff as needed.

---

CRS-184
Susan Boren
Specialist in Social Legislation
7-6899
Labor, HHS, and Education
Paul Irwin
Specialist in Social Legislation
7-7573
Legislative Branch
Paul Dwyer
Specialist in American National Government
7-8668
Military Construction
Daniel H. Else
Analyst in National Defense
7-4996
Transportation
Randy Peterman
Analyst in Transportation
7-3267
John Frittelli
Analyst in Transportation
7-7033
Treasury, Postal Service, Executive Office of the President, and General Government
Sharon Gressle
Specialist in American National Government
7-8677
VA, HUD, and Independent Agencies
Richard Bourdon
Analyst in Housing
7-7806
Denny Snook
Specialist in Social Legislation
7-7314
Congressional Organization and Procedure
Legislative organization and procedure
Judy Schneider
Specialist in American National Government
7-8664
Budget procedure
Bob Keith
Specialist in American National Government
7-8659

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