S.Amdt. 3583

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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