[Congressional Record Volume 150, Number 105 (Wednesday, September 8, 2004)]
[Senate]
[Pages S8967-S8971]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3577. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill H.R. 4567, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2005, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. Amounts appropriated under this Act for expenses 
     related to the protection of federally owned and leased 
     buildings and for the operations of the Federal Protective 
     Service shall not be made available unless the Service 
     implements procedures to ensure that, with respect to 
     contracts (including subcontracts) entered into on or after 
     October 1, 2003 with private security firms to provide 
     protective services for federally owned or leased buildings, 
     the terms of such contracts are not modified in a manner that 
     results in a change in benefits for the employees involved 
     unless the employees involved consent to such changes.
                                 ______
                                 
  SA 3578. Mr. BAUCUS (for himself, Mr. Levin, Ms. Stabenow, Mrs. 
Murray, and Mrs. Clinton) submitted an amendment intended to be 
proposed by him to the bill H.R. 4567, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2005, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 39, between lines 5 and 6, insert the following new 
     section:
       Sec. 515. (a) The total amount appropriated by title II for 
     the Office of the Under Secretary for Border and 
     Transportation Security under the heading ``air and marine

[[Page S8968]]

     interdiction, operations, maintenance, and procurement'' is 
     hereby increased by $200,000,000. Of such total amount, as so 
     increased, $200,000,000 shall be available for the 
     establishment and operation of air bases in the States of 
     Michigan, Montana, New York, North Dakota, and Washington.
       (b) Section 13031(j)(3) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended 
     by striking ``March 1, 2005'' and inserting ``June 1, 2005''.
                                 ______
                                 
  SA 3579. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 4567, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2005, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 21, lines 17, strike ``$700,000,000'' and insert 
     ``$900,000,000''.
                                 ______
                                 
  SA 3580. Mr. SCHUMER (for himself and Mr. Corzine) proposed an 
amendment to the bill H.R. 4567, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2005, and for other purposes; as follows:

       On page 19, strike ``$2,845,081,000'' and all that follows 
     through ``grants;'' on page 20, line 11, and insert the 
     following: ``$2,995,081,000 which shall be allocated as 
     follows:
       ``(1) $970,000,000 for formula-based grants and 
     $400,000,000 for law enforcement terrorism prevention grants 
     pursuant to section 1014 of the USA PATRIOT ACT (42 U.S.C. 
     3714): Provided, That the application for grants shall be 
     made available to states within 45 days after enactment of 
     this Act; that States shall submit applications within 45 
     days after the grant announcement; and that the Office of 
     State and Local Government Coordination and Preparedness 
     shall act within 15 days after receipt of an application: 
     Provided further, That each State shall obligate not less 
     than 80 percent of the total amount of the grant to local 
     governments within 60 days after the grant award; and
       ``(2) $1,550,000,000 for discretionary grants for use in 
     high-threat, high-density urban areas, as determined by the 
     Secretary of Homeland Security: Provided, That $300,000,000 
     shall be for port security grants;''.
                                 ______
                                 
  SA 3581. Mr. LEAHY (for himself, Mr. Nelson of Nebraska, Mr. 
Lieberman, Mr. Jeffords, Mrs. Feinstein, Mr. Reid, and Mr. Feingold) 
proposed an amendment to the bill H.R. 4567, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2005, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. __. None of the funds appropriated by this Act may be 
     used to process or approve a competition under Office of 
     Management and Budget Circular A-76 for services provided as 
     of June 1, 2004, by employees (including employees serving on 
     a temporary or term basis) of the Bureau of Citizenship and 
     Immigration Services of the Department of Homeland Security 
     who are known as of that date as Immigration Information 
     Officers, Contact Representatives, or Investigative 
     Assistants.
                                 ______
                                 
  SA 3582. Mr. THOMAS proposed an amendment to amendment SA 3581 
proposed by Mr. Leahy (for himself, Mr. Nelson of Nebraska, Mr. 
Lieberman, Mr. Jeffords, Mrs. Feinstein, Mr. Reid, and Mr. Feingold) to 
the bill H.R. 4567, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2005, and 
for other purposes; as follows:

       Strike all after the word ``Sec.'' and insert the 
     following:
       __. None of the funds appropriated by this Act may be used 
     to make an award, pursuant to a competition under Office of 
     Management and Budget Circular A-76, to a source for the 
     performance of services that were provided as of June 1, 
     2004, by employees (including employees serving on a 
     temporary or term basis) of the Bureau of Citizenship and 
     Immigration Services of the Department of Homeland Security 
     known as of that date as Immigration Information Officers, 
     Contact Representatives, or Investigative Assistants unless--
       (1) the Secretary of Homeland Security submits to Congress, 
     not later than 60 days before making such award, a report 
     that describes--
       (A) the performance requirements for the services;
       (B) the estimated savings to be derived from the 
     performance of such services by that source;
       (C) the actions that are to be taken to effectuate the 
     transition to performance either by Federal Government 
     employees under the applicable most efficient organization 
     plan or by a contractor, as the case may be; and
       (D) the strategy for mitigating the adverse effects of such 
     award, if any, on Federal Government employees; and
       (2) the making of the award to that source will not result 
     in the closure of an immigration information service center 
     that was in operation on June 1, 2004.
                                 ______
                                 
  SA 3583. Mr. SPECTER (for himself, Ms. Mikulski, Mr. Santorum, Mrs. 
Murray, Mr. Lugar, Mr. Kennedy, and Mr. Dayton) submitted an amendment 
intended to be proposed by him to the bill H.R. 4567, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2005, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 20, between lines 22 and 23, insert the following:
       In addition to all amounts appropriated under this heading, 
     $50,000,000 for discretionary assistance to nonprofit 
     organizations (as defined under section 501(c)(3) of the 
     Internal Revenue Code of 1986) determined to be at high risk 
     of international terrorist attack.
                                 ______
                                 
  SA 3584. Mr. LEAHY (for himself, Mr. Nelson of Nebraska, Mr. 
Lieberman, Mr. Jeffords, and Mrs. Feinstein) proposed an amendment to 
amendment SA 3581 proposed by Mr. Leahy (for himself, Mr. Nelson of 
Nebraska, Mr. Lieberman, Mr. Jeffords, Mrs. Feinstein, Mr. Reid, and 
Mr. Feingold) to the bill H.R. 4567, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2005, and for other purposes; as follows;

       At the end of the amendment add the following:
       Sec. __. Notwithstanding any other provisions of this Act 
     none of the funds appropriated by this Act may be used to 
     process or approve a competition under Office of Management 
     and Budget Circular A-76 for services provided as of June 1, 
     2004, by employees (including employees serving on a 
     temporary or term basis) of the Bureau of Citizenship and 
     Immigration Services of the Department of Homeland Security 
     who are known as of that date as Immigration Information 
     Officers, Contact Representatives, or Investigative 
     Assistants.
       This section shall take effect one day after the date of 
     the bill's enactment.
                                 ______
                                 
  SA 3585. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 4567, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2005, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 39, between lines 5 and 6, insert the following:
       Sec. 515. (a) The Secretary of Homeland Security, in 
     consultation with the Secretary of Transportation, shall--
       (1) develop and maintain an integrated strategic 
     transportation security plan; and
       (2) base future budget requests on the plan.
       (b) The integrated strategic transportation security plan 
     shall--
       (1) identify and evaluate the United States transportation 
     assets that need to be protected;
       (2) set risk-based priorities for defending the assets 
     identified;
       (3) select the most practical and cost-effective ways of 
     defending the assets identified; and
       (4) assign transportation security roles and missions to 
     the relevant Federal, State, regional, and local authorities 
     and to the private sector.
       (c) The Secretary of Homeland Security shall submit the 
     integrated strategic transportation security plan to Congress 
     not later than February 1, 2005 and shall submit updated 
     plans, including assessments of the progress made on 
     implementation of the plan, on the first day of February each 
     year thereafter. Any part of the plan that involves 
     information that is properly classified under criteria 
     established by Executive order shall be submitted to Congress 
     separately in classified form.
                                 ______
                                 
  SA 3586. Mr. COCHRAN (for himself and Mr. Byrd) proposed an amendment 
to the bill H.R. 4567, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2005, and 
for other purposes; as follows:

       On page 11, strike ``Provided further'' on line 13 down 
     through and including ``proviso'' on line 23, and insert the 
     following:
       ``Provided further, That the Government Accountability 
     Office shall review, using a methodology deemed appropriate 
     by the Comptroller General, the calendar year 2000 cost 
     information for screening passengers and property pursuant to 
     section 44940(a)(2) of Title 49, United States Code, of air 
     carriers and foreign air carriers engaged in air 
     transportation and intrastate air transportation and report 
     the information within six months of enactment of the Act but 
     no earlier than March 31, 2005, to the Committees on 
     Appropriations of the Senate and House of Representatives and 
     Committee on Commerce, Science, and Transportation: Provided 
     further, That the Comptroller General, or any of the 
     Comptroller General's duly authorized representatives, shall 
     have access, for the purpose of reviewing such cost 
     information, to the personnel and to the books;

[[Page S8969]]

     accounts; documents; papers; records (including electronic 
     records); and automated data and files of such air carriers, 
     airport authorities, and their contractors; that the 
     Comptroller General deems relevant for purposes of reviewing 
     the information sought pursuant to the provisions of the 
     preceding proviso: Provided further, That the Comptroller 
     General may obtain and duplicate any such records, documents, 
     working papers, automated data and files, or other 
     information relevant to such reviews without cost to the 
     Comptroller General and the Comptroller General's right of 
     access to such information shall be enforceable pursuant to 
     section 716(c) of Title 31 of the United States Code: 
     Provided further, That the Comptroller General shall maintain 
     the same level of confidentiality for information made 
     available under the preceding provisos as that required under 
     section 716(e) of Title 31 of the United States Code: 
     Provided further, That upon the request of the Comptroller 
     General, the Secretary of the Department of Homeland Security 
     shall transfer to the Government Accountability Office from 
     appropriations available for administration expenses of the 
     Transportation Security Administration, the amount requested 
     by the Comptroller General, not to exceed $5,000,000, to 
     cover the full costs of any review and report of the calendar 
     year 2000 cost information conducted by the Comptroller 
     General, with 15 days advance notice by the Transportation 
     Security Administration to the Committees on Appropriations 
     of the Senate and House of Representatives: Provided further, 
     That the Comptroller General shall credit funds transferred 
     under the authority of the preceding proviso to the account 
     established for salaries and expenses of the Government 
     Accountability Office, and such amount shall be available 
     upon receipt and without fiscal year limitation to cover the 
     full costs of the review and report: Provided further, That 
     any funds transferred and credited under the authority of the 
     preceding provisos that are not needed for the Comptroller 
     General's performance of such review and report shall be 
     returned to the Department of Homeland Security and credited 
     to the appropriation from which transferred.''.
       On page 11, line 25, strike ``audit'' and insert 
     ``review''.
  SA 3587. Mr. COCHRAN proposed an amendment to the bill H.R. 4567, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2005, and for other purposes; as 
follows:

       On page 7, line 3, strike ``General Accounting'' and insert 
     ``Government Accountability''.

  SA 3588. Mr. COCHRAN (for himself, Mr. Byrd, and Mr. Stevens) 
proposed an amendment to the bill H.R. 4567, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2005, and for other purposes; as follows:

       On page 37, line 6, strike all after ``(a)'' down through 
     and including ``2005.'' on page 39, line 5 and insert the 
     following:
       ``None of the funds provided by this or previous 
     appropriations Acts may be obligated for deployment or 
     implementation, on other than a test basis, of the Computer 
     Assisted Passenger Prescreening System (CAPPS II) or Secure 
     Flight or other follow on/successor programs, that the 
     Transportation Security Administration (TSA) plans to utilize 
     to screen aviation passengers, until the Government 
     Accountability Office has reported to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     that--
       (1) a system of due process exists whereby aviation 
     passengers determined to pose a threat and either delayed or 
     prohibited from boarding their scheduled flights by the TSA 
     may appeal such decision and correct erroneous information 
     contained in CAPPS II or Secure Flight or other follow on/
     successor programs;
       (2) the underlying error rate of the government and private 
     data bases that will be used both to establish identity and 
     assign a risk level to a passenger will not produce a large 
     number of false positives that will result in a 
     significant number of passengers being treated mistakenly 
     or security resources being diverted;
       (3) the TSA has stress-tested and demonstrated the efficacy 
     and accuracy of all search tools in CAPPS II or Secure Flight 
     or other follow on/successor programs and has demonstrated 
     that CAPPS II or Secure Flight or other follow on/successor 
     programs can make an accurate predictive assessment of those 
     passengers who may constitute a threat to aviation;
       (4) the Secretary of Homeland Security has established an 
     internal oversight board to monitor the manner in which CAPPS 
     II or Secure Flight or other follow on/successor programs are 
     being developed and prepared;
       (5) the TSA has built in sufficient operational safeguards 
     to reduce the opportunities for abuse;
       (6) substantial security measures are in place to protect 
     CAPPS II or Secure Flight or other follow on/successor 
     programs from unauthorized access by hackers or other 
     intruders;
       (7) the TSA has adopted policies establishing effective 
     oversight of the use and operation of the system;
       (8) there are no specific privacy concerns with the 
     technological architecture of the system; and
       (9) the TSA has, pursuant to the requirements of 49 USC 
     44903 (i)(2)(A), modified CAPPS II or Secure Flight or other 
     follow on/successor programs with respect to intrastate 
     transportation to accommodate States with unique air 
     transportation needs and passengers who might otherwise 
     regularly trigger primary selectee status.
       (b) During the testing phase permitted by paragraph (a) of 
     this section, no information gathered from passengers, 
     foreign or domestic air carriers, or reservation systems may 
     be used to screen aviation passengers, or delay or deny 
     boarding to such passengers, except in instances where 
     passenger names are matched to a government watch list.
       (c) The Government Accountability Office shall submit the 
     report required under paragraph (a) of this section no later 
     than February 15, 2005.''.
                                 ______
                                 
  SA 3589. Mr. ALLARD (for himself and Mr. Akaka) submitted an 
amendment intended to be proposed by him to the bill H.R. 4567, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2005, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 39, between lines 5 and 6, insert the following:
       Sec. 515. (a) Not later than 3 months after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the Committees on Appropriations of 
     the Senate and the House of Representatives and to the 
     Committee on Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives on the implementation of Homeland Security 
     Presidential Directive Seven.
       (b) The report under this section shall include--
       (1) the Department's plan and associated timeline for the 
     mapping of the United States critical infrastructure;
       (2) an assessment of the resource requirements of relevant 
     States, counties, and local governments so that full 
     participation by those entities may be integrated into the 
     plan;
       (3) the Department's plan for oversight of all geospatial 
     information systems management, procurement, and 
     interoperability; and
       (4) the timeline for creating the Department-wide 
     Geospatial Information System capability under the direction 
     of the Chief Information Officer.
                                 ______
                                 
  SA 3590. Mr. FITZGERALD submitted an amendment intended to be 
proposed by him to the bill H.R. 4567, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2005, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 39, between lines 5 and 6, insert the following:

     SEC. 515. CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

       (a) In General.--Section 901(b)(1) of title 31, United 
     States Code, is amended--
       (1) by redesignating subparagraphs (G) through (P) as 
     subparagraphs (H) through (Q), respectively; and
       (2) by inserting after subparagraph (F) the following:
       ``(G) The Department of Homeland Security.''.
       (b) Appointment or Designation of CFO.--The President shall 
     appoint or designate a Chief Financial Officer of the 
     Department of Homeland Security under the amendment made by 
     subsection (a) by not later than 180 days after the date of 
     the enactment of this Act.
       (c) Continued Service of Current Official.--The individual 
     serving as Chief Financial Officer of the Department of 
     Homeland Security immediately before the date of enactment of 
     this Act may continue to serve in that position until the 
     date of the confirmation or designation, as applicable (under 
     section 901(a)(1)(B) of title 31, United States Code), of a 
     successor under the amendment made by subsection (a).
       (d) Conforming Amendments.--
       (1) Homeland security act of 2002.--The Homeland Security 
     Act of 2002 (Public Law 107-296) is amended--
       (A) in section 103 (6 U.S.C. 113)--
       (i) in subsection (d) by striking paragraph (4), and 
     redesignating paragraph (5) as paragraph (4);
       (ii) by redesignating subsection (e) as subsection (f); and
       (iii) by inserting after subsection (d) the following:
       ``(e) Chief Financial Officer.--There shall be in the 
     Department a Chief Financial Officer, as provided in chapter 
     9 of title 31, United States Code.''; and
       (B) in section 702 (6 U.S.C. 342) by striking ``shall 
     report'' and all that follows through the period and 
     inserting ``shall perform functions as specified in chapter 9 
     of title 31, United States Code.''.
       (2) FEMA.--Section 901(b)(2) of title 31, United States 
     Code, is amended by striking subparagraph (B), and by 
     redesignating subparagraphs (C) through (H) as subparagraphs 
     (B) through (G), respectively.
                                 ______
                                 
  SA 3591. Mr. FITZGERALD submitted an amendment intended to be

[[Page S8970]]

proposed by him to the bill H.R. 4567, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2005, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 39, between lines 5 and 6, insert the following:

   TITLE VI--DEPARTMENT OF HOMELAND SECURITY FINANCIAL ACCOUNTABILITY

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Department of Homeland 
     Security Financial Accountability Act''.

     SEC. 602. CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

       (a) In General.--Section 901(b)(1) of title 31, United 
     States Code, is amended--
       (1) by redesignating subparagraphs (G) through (P) as 
     subparagraphs (H) through (Q), respectively; and
       (2) by inserting after subparagraph (F) the following:
       ``(G) The Department of Homeland Security.''.
       (b) Appointment or Designation of CFO.--The President shall 
     appoint or designate a Chief Financial Officer of the 
     Department of Homeland Security under the amendment made by 
     subsection (a) by not later than 180 days after the date of 
     the enactment of this Act.
       (c) Continued Service of Current Official.--The individual 
     serving as Chief Financial Officer of the Department of 
     Homeland Security immediately before the date of enactment of 
     this Act may continue to serve in that position until the 
     date of the confirmation or designation, as applicable (under 
     section 901(a)(1)(B) of title 31, United States Code), of a 
     successor under the amendment made by subsection (a).
       (d) Conforming Amendments.--
       (1) Homeland security act of 2002.--The Homeland Security 
     Act of 2002 (Public Law 107-296) is amended--
       (A) in section 103 (6 U.S.C. 113)--
       (i) in subsection (d) by striking paragraph (4), and 
     redesignating paragraph (5) as paragraph (4);
       (ii) by redesignating subsection (e) as subsection (f); and
       (iii) by inserting after subsection (d) the following:
       ``(e) Chief Financial Officer.--There shall be in the 
     Department a Chief Financial Officer, as provided in chapter 
     9 of title 31, United States Code.''; and
       (B) in section 702 (6 U.S.C. 342) by striking ``shall 
     report'' and all that follows through the period and 
     inserting ``shall perform functions as specified in chapter 9 
     of title 31, United States Code.''.
       (2) FEMA.--Section 901(b)(2) of title 31, United States 
     Code, is amended by striking subparagraph (B), and by 
     redesignating subparagraphs (C) through (H) as subparagraphs 
     (B) through (G), respectively.

     SEC. 603. FUNCTIONS OF CHIEF FINANCIAL OFFICER OF THE 
                   DEPARTMENT OF HOMELAND SECURITY.

       (a) Performance and Accountability Reports.--Section 3516 
     of title 31, United States Code, is amended by adding at the 
     end the following:
       ``(f) The Secretary of Homeland Security--
       ``(1) shall for each fiscal year submit a performance and 
     accountability report under subsection (a) that incorporates 
     the program performance report under section 1116 of this 
     title for the Department of Homeland Security; and
       ``(2) shall include in each performance and accountability 
     report an audit opinion of the Department's internal controls 
     over its financial reporting.''.
       (b) Implementation of Audit Opinion Requirement.--The 
     Secretary of Homeland Security shall include audit opinions 
     in performance and accountability reports under section 
     3516(f) of title 31, United States Code, as amended by 
     subsection (a), only for fiscal years after fiscal year 2004.
       (c) Assertion of Internal Controls.--The Secretary of 
     Homeland Security shall include in the performance and 
     accountability report for fiscal year 2004 submitted by the 
     Secretary under section 3516(f) of title 31, United States 
     Code, an assertion of the internal controls that apply to 
     financial reporting by the Department of Homeland Security.

     SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Homeland Security such sums as are necessary to carry out 
     this title.
                                 ______
                                 
  SA 3592. Mr. FITZGERALD submitted an amendment intended to be 
proposed by him to the bill H.R. 4567, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2005, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 39, between lines 5 and 6, insert the following:

   TITLE VI--DEPARTMENT OF HOMELAND SECURITY FINANCIAL ACCOUNTABILITY

     SEC. 601. SHORT TITLE.

       This title may be cited as ``Department of Homeland 
     Security Financial Accountability Act''.

     SEC. 602. FINDINGS.

       The Congress finds the following:
       (1) Influential financial management leadership is of vital 
     importance to the mission success of the Department of 
     Homeland Security. For this reason, the Chief Financial 
     Officer of the Department must be a key figure in the 
     Department's management.
       (2) To provide a sound financial leadership structure, the 
     provisions of law enacted by the Chief Financial Officers Act 
     of 1990 (Public Law 101-576) provide that the Chief Financial 
     Officer of each of the Federal executive departments is to be 
     a Presidential appointee who reports directly to the 
     Secretary of that department on financial management matters. 
     Because the Department of Homeland Security was only recently 
     created, the provisions enacted by that Act must be amended 
     to include the Department within these provisions.
       (3) The Department of Homeland Security was created by 
     consolidation of 22 separate Federal agencies, each with its 
     own accounting and financial management system. None of these 
     systems was developed with a view to executing the mission of 
     the Department of Homeland Security to prevent terrorist 
     attacks within the United States, reduce the Nation's 
     vulnerability to terrorism, and minimize the damage and 
     assist in the recovery from terrorist attacks. For these 
     reasons, a strong Chief Financial Officer is needed within 
     the Department both to consolidate financial management 
     operations, and to insure that management control systems are 
     comprehensively designed to achieve the mission and execute 
     the strategy of the Department.
       (4) The provisions of law enacted by the Chief Financial 
     Officers Act of 1990 require agency Chief Financial Officers 
     to improve the financial information available to agency 
     managers and the Congress. Those provisions also specify that 
     agency financial management systems must provide for the 
     systematic measurement of performance. In the case of the 
     Department of Homeland Security, therefore, it is vitally 
     important that management control systems be designed with a 
     clear view of a homeland security strategy, including the 
     priorities of the Department in addressing those risks of 
     terrorism deemed most significant based upon a comprehensive 
     assessment of potential threats, vulnerabilities, 
     criticality, and consequences. For this reason, Federal law 
     should be amended to clearly state the responsibilities of 
     the Chief Financial Officer of the Department of Homeland 
     Security to provide management control information, for the 
     benefit of managers within the Department and to help inform 
     the Congress, that permits an assessment of the Department's 
     performance in executing a homeland security strategy.

     SEC. 603. CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

       (a) In General.--Section 901(b)(1) of title 31, United 
     States Code, is amended--
       (1) by redesignating subparagraphs (G) through (P) as 
     subparagraphs (H) through (Q), respectively; and
       (2) by inserting after subparagraph (F) the following:
       ``(G) The Department of Homeland Security.''.
       (b) Appointment or Designation of CFO.--The President shall 
     appoint or designate a Chief Financial Officer of the 
     Department of Homeland Security under the amendment made by 
     subsection (a) by not later than 180 days after the date of 
     the enactment of this Act.
       (c) Continued Service of Current Official.--An individual 
     serving as Chief Financial Officer of the Department of 
     Homeland Security immediately before the date of enactment of 
     this Act, or another person who is appointed to replace such 
     an individual in an acting capacity after the date of 
     enactment of this Act, may continue to serve in that position 
     until the date of the confirmation or designation, as 
     applicable (under section 901(a)(1)(B) of title 31, United 
     States Code), of a successor under the amendment made by 
     subsection (a).
       (d) Conforming Amendments.--
       (1) Homeland security act of 2002.--The Homeland Security 
     Act of 2002 (Public Law 107-296) is amended--
       (A) in section 103 (6 U.S.C. 113)--
       (i) in subsection (d) by striking paragraph (4), and 
     redesignating paragraph (5) as paragraph (4);
       (ii) by redesignating subsection (e) as subsection (f); and
       (iii) by inserting after subsection (d) the following:
       ``(e) Chief Financial Officer.--There shall be in the 
     Department a Chief Financial Officer, as provided in chapter 
     9 of title 31, United States Code.''; and
       (B) in section 702 (6 U.S.C. 342) by striking ``shall 
     report'' and all that follows through the period and 
     inserting ``shall perform functions as specified in chapter 9 
     of title 31, United States Code, and, with respect to all 
     such functions and other responsibilities that may be 
     assigned to the Chief Financial Officer from time to time, 
     shall also report to the Under Secretary for Management.''.
       (2) FEMA.--Section 901(b)(2) of title 31, United States 
     Code, is amended by striking subparagraph (B), and by 
     redesignating subparagraphs (C) through (H) in order as 
     subparagraphs (B) through (G).

     SEC. 604. FUNCTIONS OF CHIEF FINANCIAL OFFICER OF THE 
                   DEPARTMENT OF HOMELAND SECURITY.

       (a) Performance and Accountability Reports.--Section 3516 
     of title 31, United States Code, is amended by adding at the 
     end the following:
       ``(f) The Secretary of Homeland Security--

[[Page S8971]]

       ``(1) shall for each fiscal year submit a performance and 
     accountability report under subsection (a) that incorporates 
     the program performance report under section 1116 of this 
     title for the Department of Homeland Security;
       ``(2) shall include in each performance and accountability 
     report an audit opinion of the Department's internal controls 
     over its financial reporting; and
       ``(3) shall design and implement Department-wide management 
     controls that--
       ``(A) reflect the most recent homeland security strategy 
     developed pursuant to section 874(b)(2) of the Homeland 
     Security Act of 2002; and
       ``(B) permit assessment, by the Congress and by managers 
     within the Department, of the Department's performance in 
     executing such strategy.''.
       (b) Implementation of Audit Opinion Requirement.--The 
     Secretary of Homeland Security shall include audit opinions 
     in performance and accountability reports under section 
     3516(f) of title 31, United States Code, as amended by 
     subsection (a), only for fiscal years after fiscal year 2005.
       (c) Assertion of Internal Controls.--The Secretary of 
     Homeland Security shall include in the performance and 
     accountability report for fiscal year 2005 submitted by the 
     Secretary under section 3516(f) of title 31, United States 
     Code, an assertion of the internal controls that apply to 
     financial reporting by the Department of Homeland Security.
       (d) Audit Opinions of Internal Controls Over Financial 
     Reporting by Chief Financial Officer Agencies.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Chief Financial Officers 
     Council and the President's Council on Integrity and 
     Efficiency established by Executive Order 12805 of May 11, 
     1992, shall jointly conduct a study of the potential costs 
     and benefits of requiring the agencies listed in section 
     901(b) of title 31, United States Code, to obtain audit 
     opinions of their internal controls over their financial 
     reporting.
       (2) Report.--Upon completion of the study under paragraph 
     (1), the Chief Financial Officers Council and the President's 
     Council on Integrity and Efficiency shall promptly submit a 
     report on the results of the study to the Committee on 
     Government Reform of the House of Representatives, the 
     Committee on Governmental Affairs of the Senate, and the 
     Comptroller General of the United States.
       (3) Government Accountibility Office analysis.--Not later 
     than 90 days after receiving the report under paragraph (2), 
     the Comptroller General shall perform an analysis of the 
     information provided in the report and report the findings of 
     the analysis to the committees referred to in paragraph (2).

     SEC. 605. FUTURE YEARS HOMELAND SECURITY PROGRAM AND HOMELAND 
                   SECURITY STRATEGY.

       Section 874 of the Homeland Security Act of 2002 (6 U.S.C. 
     112) is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Contents.--The Future Years Homeland Security Program 
     under subsection (a) shall--
       ``(1) include the same type of information, organizational 
     structure, and level of detail as the future years defense 
     program submitted to Congress by the Secretary of Defense 
     under section 221 of title 10, United States Code;
       ``(2) set forth the homeland security strategy of the 
     Department, which shall be developed and updated as 
     appropriate annually by the Secretary, that was used to 
     develop program planning guidance for the Future Years 
     Homeland Security Program; and
       ``(3) include an explanation of how the resource 
     allocations included in the Future Years Homeland Security 
     Program correlate to the homeland security strategy set forth 
     under paragraph (2).''.

     SEC. 606. ESTABLISHMENT OF OFFICE OF PROGRAM ANALYSIS AND 
                   EVALUATION.

       Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 
     342) is amended by--
       (1) inserting ``(a) In General.--'' before the first 
     sentence; and
       (2) adding at the end the following:
       ``(b) Program Analysis and Evaluation Function.--
       ``(1) Establishment of office of program analysis and 
     evaluation.--Not later than 90 days after the date of 
     enactment of this subsection, the Secretary shall establish 
     an Office of Program Analysis and Evaluation within the 
     Department (in this section referred to as the `Office').
       ``(2) Responsibilities.--The Office shall perform the 
     following functions:
       ``(A) Analyze and evaluate plans, programs, and budgets of 
     the Department in relation to United States homeland security 
     objectives, projected threats, vulnerability assessments, 
     estimated costs, resource constraints, and the most recent 
     homeland security strategy developed pursuant to section 
     874(b)(2).
       ``(B) Develop and perform analyses and evaluations of 
     alternative plans, programs, personnel levels, and budget 
     submissions for the Department in relation to United States 
     homeland security objectives, projected threats, 
     vulnerability assessments, estimated costs, resource 
     constraints, and the most recent homeland security strategy 
     developed pursuant to section 874(b)(2).
       ``(C) Establish policies for, and oversee the integration 
     of, the planning, programming, and budgeting system of the 
     Department.
       ``(D) Review and ensure that the Department meets 
     performance-based budget requirements established by the 
     Office of Management and Budget.
       ``(E) Provide guidance for, and oversee the development of, 
     the Future Years Homeland Security Program of the Department, 
     as specified under section 874.
       ``(F) Ensure that the costs of Department programs, 
     including classified programs, are presented accurately and 
     completely.
       ``(G) Oversee the preparation of the annual performance 
     plan for the Department and the program and performance 
     section of the annual report on program performance for the 
     Department, consistent with sections 1115 and 1116, 
     respectively, of title 31, United States Code.
       ``(H) Provide leadership in developing and promoting 
     improved analytical tools and methods for analyzing homeland 
     security planning and the allocation of resources.
       ``(I) Any other responsibilities delegated by the Secretary 
     consistent with an effective program analysis and evaluation 
     function.
       ``(3) Director of program analysis and evaluation.--There 
     shall be a Director of Program Analysis and Evaluation, who--
       ``(A) shall be a principal staff assistant to the Chief 
     Financial Officer of the Department for program analysis and 
     evaluation; and
       ``(B) shall report to an official no lower than the Chief 
     Financial Officer.
       ``(4) Reorganization.--
       ``(A) In general.--The Secretary may allocate or reallocate 
     the functions of the Office, or discontinue the Office, in 
     accordance with section 872(a).
       ``(B) Exemption from limitations.--Section 872(b) shall not 
     apply to any action by the Secretary under this paragraph.''.

     SEC. 607. NOTIFICATION REGARDING TRANSFER OR REPROGRAMMING OF 
                   FUNDS FOR DEPARTMENT OF HOMELAND SECURITY.

       Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 
     342) is further amended by adding at the end the following:
       ``(c) Notification Regarding Transfer or Reprogramming of 
     Funds.--In any case in which appropriations available to the 
     Department or any officer of the Department are transferred 
     or reprogrammed and notice of such transfer or reprogramming 
     is submitted to the Congress (including any officer, office, 
     or Committee of the Congress), the Chief Financial Officer of 
     the Department shall simultaneously submit such notice to the 
     Select Committee on Homeland Security (or any successor to 
     the jurisdiction of that committee) and the Committee on 
     Government Reform of the House of Representatives, and to the 
     Committee on Governmental Affairs of the Senate.''.
                                 ______
                                 
  SA 3593. Mr. FITZGERALD submitted an amendment intended to be 
proposed by him to the bill H.R. 4567, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2005, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 39, between lines 5 and 6, insert the following:
       Sec. 515. Section 702 of the Homeland Security Act of 2002 
     (6 U.S.C. 342) is amended by striking ``, or to another 
     official of the Department, as the Secretary may direct''.

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